Agenda 2023-12-11 CC
AGENDA
SOLVANG CITY COUNCIL
MONDAY, DECEMBER 11, 2023
5:30 PM SPECIAL CLOSED SESSION; AND
6:30 PM REGULAR MEETING
City Council: 1644 Oak Street, Solvang, Ca 93463
Mark Infanti, Mayor Virtual & in Council Chamber
Elizabeth Orona District 4
David Brown District 3
Robert Clarke at-large
Claudia Orona at-large
PARTICIPATING IN THE MEETING -City Council meetings will be in person and conducted by video/teleconferencing through Zoom. Meeting will also be broadcast live on Channel 23 and streamed on the City’s website, Vimeo, and YouTube.
• To join by Zoom, visit https://zoom.us/j/3066529195. If you wish to speak, please use the “raised hand” symbol.
• To join by phone, call (888) 788-0099 and enter Meeting ID: 306 652 9195#. The phone line will be open starting at 6 p.m.
5:30 PM SPECIAL CLOSED SESSION
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
1. PUBLIC COMMUNICATIONS ON CLOSED SESSION
This section is intended to provide members of the public with the opportunity to comment on Closed Session Items. This section is limited to 30 minutes. Each speaker will be afforded three minutes, and may speak only once.
AGENDA AND SUPPORTING MATERIALS – Available for viewing 8:00a.m.-5:00p.m. at City Hall, 1644 Oak Street, Solvang, and on the City’s website https://www.cityofsolvang.com/agendacenter. Additional writings that are distributed to a majority of the City Council after the posting of the agenda will be made available at City Hall and on the City’s website.
AGENDA POSTING NOTIFICATION - Subscribe to receive email or text message notifications when agendas are posted online through “Notify Me” at: https://www.cityofsolvang.com/List.aspx PUBLIC COMMENT - The public is encouraged to address the City Council in-person, virtually, or in-writing on agenda and non-agenda items. If provided in writing, comments must be submitted to the City Clerk at [email protected] by 5:00 p.m. on the Friday before the meeting to be considered. Your comment will be recorded and distributed appropriately. Comments on agenda items will be heard at the time each item is considered, including non-agenda items. In-person speakers will be invited to make public comments first.
Virtual speakers will follow.
AMERICANS WITH DISABILITIES ACT - If, as a participant of this meeting, you need special assistance 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 Agenda 2023-12-11 CC
2. RECESS TO CLOSED SESSION
a. CONFERENCE WITH LEGAL COUNSEL - Existing Litigation - pursuant to Gov. Code 54956.9(d)(1)
Name of Case:
City of Solvang — Petition to Change Water-Right Permit 15878 (Application No. A022423), under protest by California Trout and National Oceanic and Atmospheric Administration’s National Marine Fisheries Service, and comment by California Department of Fish and Wildlife 6:30 PM REGULAR MEETING
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
PROCLAMATIONS, COMMENDATIONS AND CEREMONIAL ITEMS:
PRESENTATIONS:
a. Presentation to Receive and File Santa Barbara County Fire Chief Annual 2022-2023 Fiscal Report
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 on Consent. This section is limited to 30 minutes. Each speaker will be afforded three minutes and may speak only once. State law does not allow the Council to discuss or take action on issues not on the agenda, except to briefly respond or to ask Staff to follow up on such items.
2. CITY MANAGER REPORT AND ADVANCE CALENDAR
Informational Report
3. COUNCIL COMMENTS AND REQUESTS
Comments and requests from City Council Members. No action will be taken at this meeting.
4. CONSENT ITEMS
Consent is designed for routine; administrative city matters and is approved by roll call vote with one motion.
These items are discussed only on request of council members. Members of the public were afforded an opportunity to speak on Consent items during the Public Communications portion of this agenda. a. Approve Order of Agenda as Presented
b. Approve City Council Minutes: November 13, 2023; November 27, 2023 …………………………27 c. Receive and file Visit the Santa Ynez Valley 3rd quarter report 2023……………………………….35 d. Approve the first amendment to the agreement with Tom Jones & Associates Inc for Tourism Marketing Services for the additional amount of $366,000, for a total contract amount not to exceed $474,000 and to extend the term to June 30, 2025, and authorize the Mayor to execute on behalf of the City………………………………………………………………………………………49 e. Approve the second amendment to the Agreement with Stiletto Marketing for Tourism Marketing Services for the additional amount of $88,500 for a total contract amount not to exceed 2 Agenda 2023-12-11 CC
$127,100, and to extend the term to June 30, 2025, and authorize the Mayor to execute on behalf of the City………………………………………………………………………………………….63 f. Approve the second amendment to the Agreement with Islett Agency Inc. for Tourism Marketing Services for the additional amount not to $81,300, for a total contract amount not to exceed $116,300, and to extend the term to June 30, 2025, and authorize the Mayor to execute on behalf of the City……………………………………………………………………………..…………..72 g. Adopt Resolution No. 23-1239 Approving Amendment to the City’s Flexible Benefits Plan Reflecting changes to Internal Revenue Code………………………………………………………80 h. Receive and file Caltrans Flyers………………………………………………………………………..83 i. By second reading Adopt by title only Ordinance No. 23-0372 adding section 11-13-20 and making other conforming amendments to Chapter 13 (sign regulations) of Title 11 (zoning regulations) of the Solvang Municipal Code to establish objective content-neutral standards for flags in the city and make a finding that the ordinance is exempt from California Environmental Quality Act (CEQA) requirements per Section 15061 of the CEQA guidelines……………….…86 j. By second reading Adopt by title only Ordinance No. 23-0373 amending various sections in Titles 1, 3, 4, 5, 6, 8, 9, 11, and 12 of the Solvang Municipal Code to address references to fees and fines and general penalty and administrative citation provisions and make a finding that the ordinance is exempt from California Environmental Quality Act (CEQA) requirements per Section 15061 of the CEQA guidelines……………………………………………………….…96
5. PUBLIC HEARINGS:
a. Continued Public Hearing to Consider Introduction for first reading by title only Ordinance No. 23- 0371 repealing section 11-12-8 (special events) of Title 11 (zoning regulations) of the Solvang Municipal Code and amending Title 8, Public Ways and Property adopting Chapter 9, Special Events, to establish processing and permitting of special events on public property and make a finding that the ordinance is exempt from California Environmental Quality Act (CEQA) requirements per Section 15061 of the CEQA guidelines…………………………………………112 b. Public Hearing to consider adoption of Resolution No. 23-1238 Approving a General Plan Amendment (2023-2031 6th Cycle Housing Element) and make a finding that the General Plan Amendment is exempt from California Environmental Quality Act (CEQA) requirements per Section 15061 of the CEQA guidelines…………………………………………………………….163
6. DISCUSSION ITEMS
a. Discussion and possible action to appoint a Mayor pro tem for the term January 1, 2024 – December 31, 2024, and to establish Council seating arrangements.…………………………570 b. Discussion and possible action to award a contract to Extreme Clean Janitorial for on-call Janitorial Services in the amount not to exceed $307,358 per year, for a total amount not to exceed $614,716 for the term January 1, 2024 – December 31, 2025, and authorize the Mayor to execute on behalf of the City……………………………………………………………………571 c. Discussion and possible action regarding terms and conditions of the $450,000 grant to the Santa Ynez Valley Senior Advisory Council dba Solvang Senior Center…………………….585 d. Discussion and possible action to approve the Marketing Coordinator Job description and salary range…………………………………………………………………………………………………591
e. Discussion and possible action to approve a Joint Grant Management Agreement between the 3 Agenda 2023-12-11 CC
Santa Ynez Band of Mission Indians, the County of Santa Barbara, City of Solvang, and City of Buellton for a joint submission for the Caltrans 2024-25 Sustainable Transportation Planning Grant in the amount not to exceed $10,000.00, for the term December 11, 2023 through end date of the grant if awarded, and authorize the Mayor to execute on behalf of the City………….595 f. Discussion and possible action to approve a Contract with Cannon Corporation for Assistance related to the Development of a Climate Change Adaptation Plan and the Update of the Wastewater Treatment Plant (WWTP) Operations Manual in the amount not to exceed $113,768 for the term December 11, 2023 – December 31, 2024, and authorize the Mayor to execute on behalf of the City…………………………………………………………………………601
7. AB1234 REPORT OUT AND COUNCIL CLOSING COMMENTS
8. 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 revised 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 6th day of December 2023
4 2022- 2023 Public Safety
Annual Review
(Fiscal Year)
Mark A. Hartwig Fire Chief/Fire Warden
5 Answering the call since 1926
6 Community Outreach
• Safety Trailer• Car Seat Installation• Defensible Space Inspections• Community CPR• CERT 7 Office of Emergency Management
• Placed under the Santa Barbara County
Fire Department in 2023
• Expansion of the existing Emergency
Operation Center
• Includes a Joint Information Center and
Call Center to support the communication needs of Santa Barbara County residents during emergencies. 8 Santa Barbara County
EMS Transport Services
• Go-live date of March 1, 2024• County-wide EMS Transport Services• Providing 911, IFT, & CCT 9 Regional Fire Communications Center
(RFCC) • Groundbreaking ceremony April 25, 2023
• Anticipated to open for service in Summer
2024
• Regional Fire Communications Center (RFCC)
and Emergency Operations Center expansion
• Provides dispatch services for all emergency
medical services and non-federal resources:
• Santa Barbara County Fire Department• Carpinteria-Summerland Fire Protection District
• Santa Barbara City Fire Department• Montecito Fire Protection District• Lompoc Fire Department• Guadalupe Fire Protection District• Santa Maria Fire Department 10 11
Station 30 provides specialty
equipment and trained personnel that can respond with the following equipment:• Medic Engine 30• Medic Truck 30• Engine 330 (4x4 brush engine) 24/7 staffing: Captain Engineer Firefighter Paramedic Firefighter EMT 12 Annual Statistics 2022
13 SBC Annual Statistics 2022
14 City of Solvang Statistics 2022
15 City of Solvang Calls by Type
16 Fiscal Year Comparison
2022 vs. 2021
•Incidents: 3.4%•Rescue/EMS: 9.3% • Fires: 33.3%•Public Service: 14.0%•Vehicle Accidents: 8.3%•Good Intent: 26.5% 20212022
17 Year Comparison
2021-22
2022: 3872021: 354Percentage Increase: 9.3%
Rescue / EMS
18 Year Comparison
2021-22
2022: 82021: 6Percentage Increase: 33.3%
Fires
19 Year Comparison 2021-22
2022: 652021: 57Percentage Increase: 14.0%
Public Service
20 Year Comparison 2021-2022
2022: 112021: 12Percentage Decrease: 8.3%
Vehicle Accidents
21 Public Concern / Good Intent
Year Comparison 2021-222022: 612021: 83Percentage Decrease: 26.5% 22 2022 Call Volume by District
Station 302022: 739 2021: 696Percentage Increase: 6.1%
23 Solvang Unit Response
Fire Station 30: 914 2022: 9142021: 921Percentage Decrease: 0.8% 24 Questions?
25 Meeting Date Agenda Item Agenda Dept
8-Jan
22-Jan Fee Schedule Review Discussion Administration
Residences as a primary use in the TRC Zone Discussion Planning Pickleball Courts update Discussion Parks/PW
Human Trafficking Awareness Proclamation Proclamation City Manager 27-Feb City Council Goal Setting Session Discussion City Manager 10-Jun General Municipal Election Resolutions Discussion City Clerk Future Meetings
Stormwater Management Program Annual Report Discussion Public Works TOT Measure U Discussion City Manager
Outdoor dining ordinance Public Hearing Planning
Historical property designations in Commerical & TRC
locations
Discussion Planning
Approve Auditing Services Agreement Discussion Administration On-street Parking Restrictions Policy Direction Discussion Public Works Sign Ordinance Review Discussion Planning
Administration / HR Policies update Discussion Administration Active Transportation Plan Discussion Public Works
Solvang Sidewalk Repair Project Award Consent Public Works Modify City Code Title 9, Chapter 3, 9-3D-3 Water
Conservation
Public Hearing Utilities
RFQ Interim Financing WWTP Administration Discussion Administration Meeting Date Agenda Item Agenda Action
Agenda Item Agenda Action
January Comprehensive Annual Financial Report Discussion Administration January (even
years)
Brown Act Training City Attorney
January Budget to Actual Discussion Administration
January Fee Schedule Review Discussion Administration
February Measure A 5-Year Local Program of Projects Public Hearing Public Works February Mid-Year Budget Adjustments Administration
February (even
years)
Council Budget Goal Setting Public Workshop City Manager March Housing Element and LEAP Grant Annual Report Public Hearing Planning March SB1 RMRA project List Public Hearing Public Works March Investment Policy Annual Review Discussion Administration March Solvang Skytt Mesa LLMD Annual Assessment Public Hearing Public Works March FTA 5311 Grant Agreement Consent Approve
March TDA Grant Funding Consent Approve
May Preliminary Budget Discussion Administration
May Grant Funding Applications review Discussion Administration Oct/Jan/April/July Quarterly Financial Reports Discussion Administration June Two-Year Financial Plan Development or Supplemental Budget adoption
Discussion Administration
June Capital Improvement Program Discussion Public Works June/July Amend Appropriation Limit Public Hearing Adopt November Stormwater Management Program Annual Report Consent Public Works December AB 1600 Report Discussion Approve
December Appointment of Mayor pro tem Discussion City Clerk December Council selection of representatives to Committees and Agencies
Discussion City Clerk
December (even
years)
Appointment to Boards, Commissions, Committees Discussion City Clerk Council Requested Agenda Items
Annual Reports
CITY COUNCIL ADVANCE CALENDAR
26 M 2023-11-13 CC 1
Regular Meeting – 6:30 p.m.
6:30 PM REGULAR MEETING
CALL TO ORDER
Mayor Infanti called the meeting to order at 6:31 p.m. in the City Hall Council Chamber, 1644 Oak Street, Solvang, California.
ROLL CALL
Present: Mayor Mark Infanti, Mayor pro tem Elizabeth Orona, Councilmembers David Brown, Robert Clarke, Claudia Orona
Staff: City Manager Randy Murphy, City Attorney David Fleishman, City Clerk Annamarie Porter, Administrative Services Director Wendy Berry, Planning Manager Rafael Castillo
PLEDGE OF ALLEGIANCE
Led by Peter Wright.
PROCLAMATIONS, COMMENDATIONS AND CEREMONIAL ITEMS
a. Hancock College 4-year degree Proclamation
Greg Pence, Trustee, Hancock College, received.
b. Theaterfest Founders Proclamation
Peter Wright, Solvang Theater, received.
PRESENTATIONS - None
1. PUBLIC COMMUNICATIONS – NON- AGENDA AND CONSENT ITEMS Mayor Infanti invited public comments on Non-Agenda and Consent Items.
The following members of the public provided comments:
C.J. Jackson on behalf of Rancho Alisal, the Alisal Guest House and the Alisal Ranch.
Suzette Cournos
Tracy Beard, Solvang Chamber of Commerce, via Zoom
There were no other public comments.
2. CITY MANAGER REPORT AND ADVANCE CALENDAR
City Manager Murphy announced the City is encouraging applicants for the Measure U Oversight Committee; addressed the Community Cleanup Day; spoke about the upcoming storm; noted the Hallmark Channel is looking to do a Christmas series; encouraged residents who decorate for
MINUTES
SOLVANG CITY COUNCIL
MONDAY, NOVEMBER 13, 2023
Agenda Item 4.b
27 M 2023-11-13 CC 2
Christmas to email them and mentioned that action minutes will be prepared for meetings, going forward.
City Attorney Fleischman addressed the pros and cons of action versus verbatim minutes.
City Council concurred to accept action minutes going forward.
3. COUNCIL COMMENTS AND REQUESTS
Mayor Infanti listed the businesses receiving recognition at the recent Solvang Chamber of Commerce Award Presentation; announced prescribed burns and reported receiving a letter from Solvang Sister City in Denmark, Alborg regarding the International Youth Games in 2025.
City Attorney Fleishman discussed Code Enforcement opportunities under different scenarios and for private versus public ownership and addressed challenges and discussed RHNA State mandates and addressed penalties for non-compliance.
4. CONSENT ITEMS
a. Approve Order of Agenda as Presented
b. Approve City Council Minutes: October 23, 2023
c. Approve October 2024 Accounts Payable
d. Receive and file Santa Barbara County Sheriff September 2023 statistics e. Approve the 2024 City Council Meeting Schedule
f. Discussion and possible action to adopt Resolution No. 23-1237 approving the First Amendment to the MOU among the Association of Monterey Bay Area Governments, Santa Barbara County Association of Governments and the City of Solvang to extend the term for REAP grant funding to March 2024
Motion by Councilmember Brown, to approve Consent Items, seconded by Mayor pro tem Elizabeth Orona and carried 5-0.
5. PUBLIC HEARINGS – None
6. DISCUSSION ITEMS
a. Discussion to provide action regarding extension of marketing services contracts with Tom Jones Associates, Islett Agency, and Stiletto Marketing City Manager Murphy provided the details of the report.
Mayor Infanti invited public comments.
The following members of the public commented on this item.
Aria -Vue Daugherty
C.J. Jackson
There were no other public comments on this item.
Motion by Councilmember Clarke, to direct staff to return to City Council, at an upcoming meeting, with 28 M 2023-11-13 CC 3
an amended agreement for extension of the contracts for marketing services with Tom Jones Associate, Islett Agency, and Stiletto Marketing for 18 months, to the remainer of the two-year period.
Substitute motion by Mayor pro tem Elizabeth Orona, to direct staff to return to City Council, at an upcoming meeting, with an amended agreement for extension of the contracts for marketing services with Tom Jones Associate, Islett Agency, and Stiletto Marketing for 6 months, to the remainer of the two-year period, and in parallel, direct staff to revisit the marketing plan and move forward with immediately hiring a marketing coordinator who will help with the three contractors in oversight and redefinition of the City’s long-term marketing plans. The Substitute motion died for lack of a second.
Motion by Councilmember Clarke, to direct staff to return to City Council, at an upcoming meeting, with an amended agreement for extension of the contracts for marketing services with Tom Jones Associate, Islett Agency, and Stiletto Marketing for 18 months, to the remainer of the two-year period, seconded by Councilmember Brown and carried 4-1, with Mayor pro tem Elizabeth Orona, opposed. b. Discussion and possible action regarding $450,000 donation request from Santa Ynez Valley Senior Advisory Council dba Solvang Senior Center toward construction of the new Solvang Senior Center
City Manager Murphy introduced the item.
Kathleen Campbell, Steering Committee Member, Solvang Senior Center presented the report.
Mayor Infanti invited public comments.
The following members of the public commented on this item:
Jan Clevenger
Paul Matthies
Steve Brown
James Cloonan
Ian Jacobsen
C.J. Jackson
Bob Levy
Frank Smithson
There were no other public comments on this item.
Motion by Mayor pro tem Elizabeth Orona, to direct staff to return at a future meeting with an equitable grant paperwork along with the necessary budget adjustment for Council consideration of a $450,000 donation request from Santa Ynez Valley Senior Advisory Council dba Solvang Senior Center toward construction of the new Solvang Senior Center including term options over ten years. The motion died for lack of a second.
City Council concurred to direct staff to return at a future meeting with an equitable grant paperwork along with the necessary budget adjustment for Council consideration of a $450,000 donation request from Santa Ynez Valley Senior Advisory Council dba Solvang Senior Center toward construction of the new Solvang Senior Center including term options over five years at $90,000. c. Discussion and possible action to provide direction to staff regarding Outdoor Dining process in the public right-of-way
Planning Manager Castillo presented details of the report.
Mayor Infanti invited public comments.
29 M 2023-11-13 CC 4
The following member of the public commented on this item:
Steve Brown
There were no other public comments on this item.
Direction was given to staff to return with an ordinance regarding Outdoor Dining in the public right-ofway including that the City should take ownership of maintaining the public right-of-way and charge a fee for same.
City Council skipped to consider Item 6.f. at this juncture, at the request of the City Manager. d. Discussion and possible action to provide direction to Staff regarding a TOT Ballot Measure for the November 2024 General Election
City Manager Murphy presented details of the report.
Mayor Infanti invited public comments.
The following member of the public commented on this item:
Tracy Beard, Solvang Chamber of Commerce
There were no other public comments on this item.
Motion by Mayor pro tem Elizabeth Orona, to direct staff to proceed to hire a consultant to help placing a TOT Ballot Measure for the November 2024 General Election, seconded by Mayor Infanti, and carried 4-1, with Councilmember Clarke, opposed.
e. Discussion and possible action regarding Adopting Resolution No. 23-1236 adopting a Remote Public Comment and Zoom Bombing Policy
City Attorney Fleishman presented details of the report.
Mayor Infanti invited public comments.
There were no public comments on this item.
Motion by Councilmember Brown, to adopt Resolution No. 23-1236 adopting a Remote Public Comment and Zoom Bombing Policy, seconded by Mayor pro tem Elizabeth Orona and carried 5-0. f. Discussion and Possible Action to Authorize the City Manager to Execute a Cost-Sharing Agreement Among Members of the Eastern Management Area
City Manager Murphy presented the report.
Mayor Infanti invited public comments.
The following members of the public commented on this item:
There were no public comments on this item.
Motion by Mayor pro tem Elizabeth Orona, to authorize the City Manager to execute a Cost-Sharing Agreement among Members of the Eastern Management Area, seconded by Councilmember Brown and carried 5-0.
30 M 2023-11-13 CC 5
Motion by Councilmember Clarke, to authorize the City Manager to extend this meeting beyond 9:30 p.m., seconded by Mayor pro tem Elizabeth Orona and carried 3-2 with Councilmembers Clarke and Claudia Orona, opposed.
City Council returned to Item No. 6.d.
7. AB1234 REPORT OUT AND COUNCIL CLOSING COMMENTS
Councilmember Brown and Mayor Infanti provided brief comments.
8. ADJOURNMENT
The meeting was adjourned at 9:58 p.m.
Respectfully submitted:
Annamarie Porter, City Clerk
31 M 2023-11-27 CC 1
Regular Meeting – 6:30 p.m.
6:30 PM REGULAR MEETING
CALL TO ORDER
Mayor Infanti called the meeting to order at 6:30 p.m. in the City Hall Council Chamber, 1644 Oak Street, Solvang, California.
ROLL CALL
Present: Mayor Mark Infanti, Mayor pro tem Elizabeth Orona, Councilmembers David Brown, Robert Clarke, Claudia Orona
Staff: City Manager Randy Murphy, Assistant City Attorney Chelsea O’Sullivan, City Clerk Annamarie Porter, Administrative Services Director Wendy Berry, Planning Manager Rafael Castillo, Parks and Recreation Director Jenny McClurg
PLEDGE OF ALLEGIANCE
Councilmember Clarke led in the Pledge of Allegiance.
PROCLAMATIONS, COMMENDATIONS AND CEREMONIAL ITEMS - None PRESENTATIONS - None
1. PUBLIC COMMUNICATIONS – NON- AGENDA AND CONSENT ITEMS The following spoke:
Suzette Kormos
2. CITY MANAGER REPORT AND ADVANCE CALENDAR
City Manager Murphy announced Waste Management clean up days the third Saturday of February, May, August and November 2024; the upcoming Holiday Tree Lighting Ceremony and parade; on November 16th, the California Public Utilities Commission approved a decision to raise 2023 revenue requirements to $13.521 Billion and rates taking effect January 1, 2024 and equates to $32.50 more per month, for average residential customers, and a customer text message option by Southern California Gas, when there is a 20% or more increase in commodity costs.
3. COUNCIL COMMENTS AND REQUESTS
Councilmember Clarke reported merchants who advised him that this past Thanksgiving Weekend was one of the best they have had.
City Manager Murphy spoke about a light show with coordinated music, seven days a week at the top of every hour between 5:00 p.m. and 9:00 p.m. through January 6, 2024, in Solvang Park.
Councilmember Clarke commented on the choice of music.
MINUTES
SOLVANG CITY COUNCIL
Monday, November 27, 2023
32 M 2023-11-27 CC 2
4. CONSENT ITEMS
a. Receive and file Marketing Services update
b. Approve October 2024 Investment Report
c. Receive and file Visit SYV 2nd Quarter Report 2023
d. Approve Amendment No. 5 to the Agreement with GSI Water Solutions for continued participation in and assistance with the administrative hearing regarding the City’s Petition for Change before the State Water Resources Control Board Administrative Hearing Office and Budget Amendment in an amount of $65,000 from Water Fund balance for a total contract amount not to exceed $311,700, and authorize the Mayor to execute on behalf of the City Motion by Councilmember Claudia Orona, to approve Consent Items, as presented, seconded by Councilmember Clarke and carried 5-0.
5. PUBLIC HEARINGS
a. Public Hearing to Consider Introduction for first reading Ordinance No. 23-0371 repealing section 11-12-8 (special events) of Title 11 (zoning regulations) of the Solvang Municipal Code and amending Title 8, Public Ways and Property adopting Chapter 9, Special Events, to establish processing and permitting of special events on public property and make a finding that the ordinance is exempt from California Environmental Quality Act (CEQA) requirements per Section 15061 of the CEQA guidelines.
Parks and Recreation Director McClure narrated a PowerPoint presentation with details of the report.
Mayor Infanti opened the public hearing.
There were no public comments on this item and Mayor Infanti closed the public hearing.
Motion by Councilmember Clarke, to introduce for first reading Ordinance No. 23-0371, seconded by Mayor Infanti.
Councilmember Clarke withdrew the motion.
Motion by Mayor Infanti, to continue this item until December 11, 2023, seconded by Councilmember Clarke and carried 5-0.
b. Public Hearing to Consider Introduction for first reading Ordinance No. 23-0372 adding section 11-13-20 and making other conforming amendments to Chapter 13 (sign regulations) of Title 11 (zoning regulations) of the Solvang Municipal Code to establish objective content-neutral standards for flags in the city and make a finding that the ordinance is exempt from California Environmental Quality Act (CEQA) requirements per Section 15061 of the CEQA guidelines.
Assistant City Attorney O’Sullivan gave the staff report.
Mayor Infanti opened the public hearing.
There were no public comments on this item and Mayor Infanti closed the public hearing.
Motion by Councilmember Claudia Orona, to introduce for first reading Ordinance No. 23-0372 adding section 11-13-20 and making other conforming amendments to Chapter 13 (sign regulations) of Title 11 (zoning regulations) of the Solvang Municipal Code to establish objective content-neutral standards for flags in the city and make a finding that the ordinance is exempt from California Environmental Quality Act (CEQA) requirements per Section 15061 of the CEQA guidelines, seconded by Mayor pro tem 33 M 2023-11-27 CC 3
Elizabeth Orona and carried 5-0.
c. Public Hearing to Consider Introduction for first reading Ordinance No. 23-0373 amending various sections in Titles 1, 3, 4, 5, 6, 8, 9, 11, and 12 of the Solvang Municipal Code to address references to fees and fines and general penalty and administrative citation provisions and make a finding that the ordinance is exempt from California Environmental Quality Act (CEQA) requirements per Section 15061 of the CEQA guidelines.
Assistant City Attorney O’Sullivan gave the staff report.
Mayor Infanti opened the public hearing.
There were no public comments on this item and Mayor Infanti closed the public hearing.
Motion by Mayor pro tem Elizabeth Orona, to introduce for first reading Ordinance No. 23-0373 amending various sections in Titles 1, 3, 4, 5, 6, 8, 9, 11, and 12 of the Solvang Municipal Code to address references to fees and fines and general penalty and administrative citation provisions and make a finding that the ordinance is exempt from California Environmental Quality Act (CEQA) requirements per Section 15061 of the CEQA guidelines, seconded by Councilmember Brown and carried 5-0.
DISCUSSION ITEMS
a. Discussion and possible action to approve an agreement with Cannon Corporation for design and construction management services for the Nyborg Estates Waterline Replacement project for the amount not to exceed $253,550 for the term November 27, 2023 – June 30, 2025; and authorize the Mayor to execute on behalf of the City City Manager Murphy presented the report.
There were no public comments on this item.
Motion by Mayor Infanti, to approve an agreement with Cannon Corporation for design and construction management services for the Nyborg Estates Waterline Replacement project for the amount not to exceed $253,550 for the term November 27, 2023 – June 30, 2025; and authorize the Mayor to execute on behalf of the City, seconded by Mayor pro tem Elizabeth Orona and carried 5-0.
7. AB1234 REPORT OUT AND COUNCIL CLOSING COMMENTS - None
8. ADJOURNMENT
The meeting was adjourned at 7:55 p.m.
Respectfully submitted:
Annamarie Porter, City Clerk
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3 rd Quarter 2023 Report of the Santa Ynez Valley Hotel Association (dba Visit the Santa Ynez Valley) – Submitted 11/28/23
VisitSYV is reporting activity since the 3
rd quarter 2023 Annual Report. This report is submitted to the City of Solvang, the City of Buellton and the Santa Barbara County Board of Supervisors, in accordance with the fulfillment of the provisions of the SYVTBID.
Financial
Beginning balance on July 1
st, 2023: $692,451
Q2 Income
TBID Funding received 7/1/23 through 9/30/23: $329,839
Membership income: $2,250
TasteSYV income: $49,148
Total Income received 3
rd quarter: $381,237
Expenses
Advertising/Marketing: $229,636
Travel & Conventions: $13,114
Special Projects/Grants: $20,625
Personnel Costs: $67,691
Contract Services: $26,335
Facilities/Equipment: $2,259
Operations: $2,754
Other Types of Expenses: $3,603
Total Expenses 3
rd Quarter: $366,017
Ending Balance as of September 30, 2023: $707,671
Agenda Item 4.c
35 2 | P a g e
Membership
We receive TBID funding from 37 lodging properties and currently have 221 total members, including those that pay a basic membership fee of $250, a nonprofit fee of $125, and trade members where services are traded for membership such as wine, catering, photography.
Marketing (July 1, 2023 – September 30, 2023)
Santa Ynez Valley Marketing Campaign
DVA Advertising & PR Agency remains contracted as our advertising and public relations agency of record.
VisitSYV supplements the annual campaign with additional programs. Third quarter marketing results are detailed below.
Creative & Targeting
VisitSYV introduced the Perfectly campaign to the world this spring and it’s already performing admirably. It continues to share space with content-forward Facebook and native ads. The new Perfectly campaign centers around the idea that everyone’s idea of the perfect getaway isn’t the same. Some people are happy to sip a glass of pinot by the pool while others would rather put down some miles on the nearest hiking trail. Sometimes both. But when you spend time in the Santa Ynez Valley, you’re sure to find your perfect escape. The perfect getaway does exist, and it’s Perfectly SYV. In Q3, we continued to target drive markets (Greater Los Angeles, Greater Bay Area, Inland California) and select direct flight markets.
Digital Key Takeaways
Q3 2023 year-over-year (YoY) web traffic is up 41%, with all channels seeing upticks. This was also related to the 181% increase in traffic to the Taste SYV page. Q3 clicks-to-book were up 7.9% over 2022. Taste SYV retargeting saw a 10.3x ROAS on ticket purchases.
Google Search
*Search performance still looks great with CPC and CTR outperforming Travel & Hospitality performance benchmarks from Wordstream.
Benchmark CTR: 4.68%
Benchmark CPC: $1.53
36 3 | P a g e
Impressions: 166,328
Clicks: 11,399
CTR: 6.85%
CPC: $0.77
Paid Facebook - Out-of-state
*CPC is a bit higher for out-of-state, but CTR looks great, and CPC is down 44% from Q3 of last year.
Impressions: 229,001
Link Clicks: 3,847
CTR: 1.68%
CPC: $0.91
Paid Facebook - In-state
*In-state performance still looks great compared to travel benchmarks.
Impressions: 456,316
Link Clicks: 8,797
CTR: 1.93%
CPC: $0.56
37 4 | P a g e
Paid Facebook - Retargeting
*Retargeting CPC is down 4.2% from last year.
Impressions: 143,855
Link Clicks: 1,545
CTR: 1.07%
CPC: $1.81
38 5 | P a g e
Programmatic - Native Display
*CPC dropped in September as the campaign got optimized. This is one of the lower CPMs of any ad channel.
Impressions: 2,573,750
Link Clicks: 4,676
CTR: 0.18%
CPC: $2.25
CPM: $4.09
Programmatic - Display Retargeting
*CPC was $2.25 in September, so it saw a big improvement from August.
Impressions: 481,650
Link Clicks: 966
CTR: 0.20%
CPC: $3.46
CPM: $6.94
39 6 | P a g e
Programmatic - CTV
*CTV still beats the cost of YouTube campaigns, which had a Cost-per-view of ~$0.05.
Impressions: 114,589
Views: 84,217
Cost per view: $0.02
View Rate: 79.9%
CPM: $17.46
40 7 | P a g e
Website Key Takeaways
In Q3, VisitSYV.com received 183,719 pageviews from 82,875 visitors. The site has also garnered 15,286 clicks to our members’ individual websites, and 8,615 clicks to book for VisitSYV hotels. The most popular pages on the site were as follows: (1) Taste SYV (2) Top 10 Things to Do in SYV (3) Homepage. *Clicks to book includes clicks off the lodging page, Book Direct booking bar searches, and clicks to the Book Direct lodging page from the advertising campaign landing pages.
Clicks to Book
BookDirect Q3 clicks-to-book were up 7.9% over 2022.
Book Direct Booking Events
*Compared to 2022
BookDirect Searches: 4,602 booking searches (up 11.86% vs ‘22) Final Clicks to Hotels: 4,013 clicks (up 3.7% vs ‘22)
Public Relations
Editorial value for Q3 ended up at $920k, a 9% quarter-over-quarter decrease over 2022. YTD editorial value remains strong at $3,786,070, up 31% YoY.
PR efforts for Q3 focused on proactive outreach and media visit coordination, press releases, and content submissions.
• Total number of stories mentioning the Santa Ynez Valley in Q3 = 217 • Total circulation of editorial coverage for Q3 = 1.67b • Total value of public relations media coverage for Q3 = $$920,220 *PR value is calculated by multiplying the advertising rate times the size of the story, and then doubling that number to reflect the added value of editorial coverage Q3 Press Releases & Content:
• Taste of the Santa Ynez Valley press release – distributed Aug. 9 • Beyond the Wine press release – distributed Sept. 8
• Fall media invitation – distributed Sept. 13
Q3 Media Visits:
• Andrea Black, Escape Magazine – Aug. 27-28
41 8 | P a g e
Notable Q3 Media Coverage:
• Michelin Guide – Our Inspectors’ Central Coast Tour
• LA Times – 13 Delightful Things to do in Solvang
• SIP Magazine – Tasting & Touring in the Santa Ynez Valley • The Independent – The Hipper, Cooler Alternative to Napa • California Live – Four Budget-Friendly CA Destinations • Travel + Leisure – America’s Best Small Food & Culture Town • Sunset Magazine – 2023 Sunset Travel Awards
• KTLA – Escape to Wine Country this Fall
@VisitSYV Social Media Stats
• Facebook audience: 20,238 followers (a 7.6% YOY increase) • Twitter audience: 4,152 followers
• Instagram audience: 14,779 followers (a 14% YOY increase) Verdin Marketing
VisitSYV continues to work with Central Coast based marketing agency Verdin Marketing. Under VisitSYV’s guidance and marketing pillars, Verdin curates and schedules organic social media content utilizing a combination of VisitSYV assets and user generated content.
VisitSYV Promotion
Taste of the Santa Ynez Valley (TasteSYV), a multi-day, six town event returned, September 28 – October 1, 2023, with Sunset Magazine also returning as our presenting media sponsor. Running over the course of four days, TasteSYV featured multi course dinners prepared by Santa Ynez Valley restaurant chefs in Los Alamos, Los Olivos, and Santa Ynez and ended with a daytime tasting in Solvang and closeout dinner in Buellton at Hitching Post 2. Daytime events spanned all six of our Santa Ynez Valley towns, highlighting the food, wine, cultural, and outdoor offerings each of our unique communities has to offer. The goal was to provide a “taste” so that attendees would return to spend more time. A comprehensive marketing campaign and accompanying assets were developed. Total ticket revenue was $68,571 with 707 tickets sold.
See below for metrics.
42 9 | P a g e
Paid Facebook - Taste of the SYV Upper Funnel
*Upper funnel performance was quite strong.
Impressions: 335,975
Link Clicks: 6,063
CTR: 1.80%
CPC: $0.22
Purchases: 12
ROAS: 2.7x
Paid Facebook - Taste of the SYV Retargeting
*We were able to track purchases and return on ad
spend (ROAS) this year, and it looked great at 10.3x.
Impressions: 61,434
Link Clicks: 1,021
CTR: 1.66%
CPC: $0.47
Purchases: 21
ROAS: 10.3x
43 10 | P a g e
Sunset Campaign - Fall Campaign Project Tracker
8/21/23 Custom eBlast - Taste SYV
Total delivered: 64,735
Total opened: 30,660
Total open rate: 47.36%
Total clicks: 2,057
9/11/23 eNewsletter (Food & Drink Sponsorship)
Total delivered: 27,667
Total opened: 11,117
Total open rate: 40.18%
Total clicks: 68
44 11 | P a g e
Banner Performance - Taste of the SYV
Impressions: 11,117
Clicks: 40.18%
CTR: 68
Print Advertising
2023 Santa Ynez Valley Destination Guide
70,000 Destination Guides were printed, with monthly distribution taking place via the Solvang Visitors Center, the Buellton Visitors Center, the Santa Barbara Visitors Center, the Santa Barbara Airport and Santa Barbara area hotels. The guides are also distributed monthly to Santa Ynez Valley hotels, museums, and popular restaurants and retailers.
Los Olivos Chamber of Commerce Map
VisitSYV placed a 3.66" x5" ad in the Los Olivos Chamber of Commerce’s Annual Visitors Map, with 15,000 copies distributed to visitors via Santa Ynez Valley hotels, Los Olivos kiosks, and Santa Barbara area hotels.
California Road Trips Guide
An annual print publication produced by Visit California, VisitSYV purchased a listing as part of the Central Coast Tourism Council’s Co-Op within the guide.
The print publication has a 1 million circulation through the following distribution points: Parent Magazine (200,000 – California, Phoenix/Scottsdale, Nevada, Washington; Travel + Leisure (75,000 – California, Phoenix/Scottsdale); Exposure on VisitCalifornia.com through Nxtbook Media digital edition which includes a link to VisitSYV.com; 400,000 direct to consumers, fulfillment upon request, at key destinations. Distribution locations include California Welcome Centers, CVBs and Visitor Centers. 45 12 | P a g e
Staff & Board Development
Education
Destinations International
VisitSYV President & CEO, Shelby Sim, attended Destinations International, July 18 – 20, 2023 in Dallas, Texas.
Tourism and destination marketers from almost a dozen countries attended the in-person event to discuss tourism trends and the latest technology.
ESTO
VisitSYV President & CEO, Shelby Sim and Vice President of Marketing, Danielle Laudon Ruse, attended ESTO (Educational Seminar for Tourism Organizations), August 20 – 22, 2023 in Savannah, Georgia. The 3-day tourism conference is the premier annual learning and knowledge-sharing forum produced by the U.S. Travel Association for destination marketing organizations.
Grants and Special Projects 3
rd Quarter 2023
The purpose of our grants program continues to be to assist with publicity and outreach for valley events which encourage overnight stays. Primary consideration goes to events which occur mid-week (Sunday to Thursday) and/or in off-season. Special projects include charitable donations and community improvement.
These funds in Q3 2022 were awarded to the following:
• Elverhoj Museum – Solstice Fundraiser: $500
• SYV People Helping People – Hispanic Heritage Celebration: $3,000 • SYV Community Outreach – Cars N’ Cowboy: $500
• Viking Charities – First Annual Classic Car Show: $1,000 • Solvang Chamber of Commerce – State of the City: $2,500 • Los Alamos Valley Men’s Club – Old Days: $275
• One Mind Institute – Alma Rosa Mental Health Walk: $875 • Mental Wellness Center – Alma Rosa Mental Health Walk: $875 • Solvang Festival Theater – Fall Season Presenting Sponsor: $4,000 • SB Vintners Association – Annual Vintners Festival: $4,000 • St. Mark’s in the Valley – Fundraiser Supporting Los Olivos Restrooms: $2,500 46 13 | P a g e
• North County Econ Alliance – Golf Tournament Fundraiser: $600 For a total of $20,625
Collaborations with Santa Barbara County DMOs and other organizations VisitSYV collaborates actively with other county destination marketing organizations, including City of Solvang, Buellton Visitors Bureau, the Santa Barbara County Vintners Association, Visit Santa Barbara, the Los Olivos, Buellton, Solvang, and Santa Ynez Chambers as well as the Los Alamos Business Association, and The Chumash Foundation.
Public comment
Members of the board and the President continue to be called upon to make written and/or verbal public comment on several hotel and tourism related issues. Each question is raised on a board agenda and voted upon by the board, or authorized by the Chairman, before comment is made. Ongoing participation with our water challenges, cannabis, wine ordinance and special events ordinance hearings is anticipated by President, Shelby Sim, and, when needed, Linda Johansen, Chairman. 47 14 | P a g e
Organization
The board meets monthly, normally the 2nd Thursday of the month, 9:00 a.m. in person. The board consists of nine individuals, seven of which are from the hotel industry and the other two are an at large representation of the membership base.
Staff & Board of Directors
President & CEO - Shelby Sim
Vice President of Marketing - Danielle Laudon Ruse
Website & Membership Administrator – Brenda Ball
The board members are:
Chairperson – Linda Johansen, Owner, Pea Soup Andersen’s Inn, Buellton Vice Chairperson – Jonathan Rosenson, Owner, Mirabelle Inn, Solvang Secretary – Stormie Strickland, Director of Sales, Hotel Corque, Solvang Treasurer – Jim Flagg, Owner, Hampton Inn & Suites, Buellton Kathleen Cochran, General Manager, Alisal Ranch, Solvang Greer Shull, Director, Fess Parker Wine County Inn, Los Olivos Dave Elcon, General Manager, The Inn at Mattei’s Tavern, Los Olivos Michael Brughelli, Winemaker, Folded Hills Winery, Buellton Will Henry, Owner, PICO Restaurant, Los Alamos
Respectfully submitted by:
Shelby Sim, President, and CEO
Santa Ynez Valley Hotel Association, dba Visit the Santa Ynez Valley [email protected]
PO Box 633, Solvang, CA 93464
www.visitsyv.com, 805-451-6038
48 CITY COUNCIL STAFF REPORT
AGENDA ITEM 4.d
Meeting Date: December 11, 2023
SUBJECT: Approve the first amendment to the agreement with Tom Jones & Associates Inc (TJA) for Tourism Marketing Services for an additional amount of $366,000 for a new total not-to-exceed amount of $474,000 and to extend the term to June 30, 2025, and authorize the Mayor to execute on behalf of the City
PREPARED BY: Randy Murphy, City Manager
DISCUSSION:
At the November 13th meeting, the Council directed staff to return with contract extensions for the City’s three marketing partners. This is the first of those agreements. TJA has been an excellent partner and revised their attached proposal to include a more defined scope of work.
ALTERNATIVES:
This item is consistent with recent Council direction. However, although it is not recommended in this instance, Council always retains the right to modify previous direction.
FISCAL IMPACT:
As previously discussed, $98,000 of the additional amount will be incurred in the current FY, with the balance to be budgeted in FY 24/25.
ATTACHMENTS:
A. Amendment #1
B. Scope of Work
49 AMENDMENT NO. 1
to the Agreement with
TOM JONES & ASSOCIATES, INC.
THIS FIRST AMENDMENT is made and entered into this 11th day of December 2023 between the CITY OF SOLVANG, a municipal corporation, and Charter City (City), and TOM JONES & ASSOCIATES INC, a California Corporation (Contractor). In consideration of the mutual covenants and conditions set forth in the original Agreement dated, July 1, 2023, for Tourism Marketing, the parties agree to this first amendment to extend the term and for the “scope of work” herein referenced as January 2024 – June 2025 Budget Solvang for the additional amount not to exceed $366,000 attached herein as Exhibits “B” and “C” to this agreement, for a total contract amount not to exceed $474,000 and to extend the term to June 30, 2025.
All remaining portions of the original Agreement shall remain in full force and effect.
CITY OF SOLVANG TOM JONES & ASSOCIATES, INC.
Mark Infanti, Mayor John Sorgenfrei, CEO
APPROVED AS TO FORM:
Dave Fleishman, City Attorney
Attachment A
50 EXHIBIT “A”
TERMS AND CONDITIONS
1. Compensation. Consultant shall be paid on a time
and materials or lump sum basis, as may be set forth
in Exhibit “C”, within 30 days of completion of the
Work and approval by the City.
2. Compliance with Law. Consultant shall comply
with all applicable laws and regulations of the federal, state and local government, including any
requirements to pay prevailing wage under the Labor
Code or similar laws. Consultant shall assist the City, as requested, in obtaining and maintaining all permits
required of Consultant by Federal, State and local
regulatory agencies. Consultant is responsible for all
costs of clean up and/or removal of hazardous and
toxic substances spilled as a result of his or her Work.
3. Standard of Care. The Consultant shall perform
the Work 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 the profession practicing
under similar conditions.
4. Insurance. The Consultant shall take out and
maintain, during the performance of all work under
this Agreement: A. Commercial General Liability
Insurance in the amounts specified in Section 6 of the
Agreement for bodily injury, personal injury and
property damage, at least as broad as Insurance
Services Office Commercial General Liability
coverage (Occurrence Form CG 0001), and if no
amount is selected in Section 6 of the Agreement, the
amounts shall be $1,000,000 per
occurrence/$2,000,000 aggregate; B. If automobiles
are used in providing the services, Automobile
Liability Insurance for bodily injury and property
damage including coverage for owned, non-owned
and hired vehicles, of at least $1,000,000 per accident for bodily injury and property damage, at least as
broad as Insurance Services Office Form Number CA
0001 (ed. 10/13) covering automobile liability, Code 1
(any auto); C. Workers’ Compensation in compliance
with applicable statutory requirements and Employer's
Liability Coverage of at least $1,000,000 per accident
or disease, and D. Professional Liability (Errors and
Omissions) coverage, if checked in section 6 of the
Agreement, written on an “occurrence” basis with a
limit not less than $1,000,000 per claim and which
shall be endorsed to include contractual liability. If
Consultant is unable to obtain coverage on an
occurrence basis, Consultant shall procure and pay
for appropriate tail coverage for a minimum of three
years following completion of the Scope of Services to
cover any errors or omissions occurring during the
Term. Insurance carriers shall be authorized by the
Department of Insurance, State of California, to do
business in California and maintain an agent for
process within the state. Such insurance carrier shall
have not less than an "A"; "Class VII" according to the latest Best Key Rating unless otherwise approved by
the City. The policies required under subsections A
and B shall be endorsed to include additional insureds
as follows: The City of Solvang and its Elected and
Appointed Officials, Officers, Employees, Agents,
and Volunteers. Consultant shall also submit to the
City a waiver of subrogation endorsement in favor of
the City on all policies where such endorsement is
commercially available.
5. Indemnification. To the fullest extent permitted by
law (including, but not limited to California Civil Code Sections 2782, 2782.8 and 2783), the Consultant
shall defend, indemnify and hold harmless the City, its Council, members of the Council, agents, officials,
officers, volunteers, and employees of the City,
against any and all claims, liabilities, demands,
expenses, costs and financial loss, or damages,
including reasonable attorneys’ fees, that arise
directly or indirectly from any acts or omissions
related to this Agreement performed by Consultant or
its agents, employees, subcontractors,
subconsultants, consultants, or other persons/entities
acting on Consultant’s behalf. This includes claims
for injury or death of any person, or damage to
property, or interference with use of property, or any
claim of the Consultant or subcontractor for wages or
benefits which arise in connection with the
performance of this Agreement, except to the extent
caused or resulting from the sole negligence or willful misconduct of the City, its Council, members of the
Council, agents and employees of the City.
Consultant shall be solely responsible for, and shall
save City harmless from, all matters relating to the
payment of Consultant’s employees, agents,
subcontractors and subconsultants, including
compliance with social security requirements, federal
and State income tax withholding and all other
regulations governing employer-employee relations.
The foregoing indemnity includes, but is not limited to, the cost of prosecuting or defending such action with
legal counsel acceptable to the City and the City’s
attorneys’ fees incurred in such an action.
6. Laws and Venue. This Agreement shall be
interpreted in accordance with the laws of the State of California. If any action is brought to interpret or
enforce any term of this Agreement, the action shall
be brought in a state or federal court situated in the
County of Santa Barbara, State of California.
7. Termination. The City may terminate or abandon
any portion or all of the Work by giving 10 calendar
days written notice to Consultant. In such event, the
City shall be immediately given title and possession to all original field notes, drawings and specifications,
written reports and other documents produced or
51 developed for the Work. The City shall pay
Consultant the reasonable value of any portion of the
Work completed prior to termination. The City shall
not be liable for any costs other than the charges or
portions thereof which are specified herein.
Consultant shall not be entitled to payment for
unperformed Work and shall not be entitled to
damages or compensation for termination of work.
Consultant may terminate its obligation to provide
further Work under this Agreement upon 30 calendar
days' written notice to the City only in the event of
City’s failure to perform in accordance with the terms
of this Agreement through no fault of Consultant.
8. Agreement Terms. Nothing herein shall be
construed to give any rights or benefits to anyone
other than the City and the Consultant. The
unenforceability, invalidity or illegality of any
provision(s) of this Agreement shall not render the
other provisions unenforceable, invalid or illegal.
Notice may be given or delivered by depositing the
same in any United States Post Office, certified mail,
return receipt requested, postage prepaid, addressed
to the parties to the addresses set forth in the
Agreement. Consultant shall not assign, sublet, or
transfer this Agreement or any rights under or interest in this Agreement without the written consent of the
City, which may be withheld for any reason.
Consultant is retained as an independent contractor
and is not an employee of the City. No employee or
agent of Consultant shall become an employee of the
City. The individuals signing this Agreement
represent that they have the authority to sign on
behalf of the Parties and bind the Parties to this
Agreement. This is an integrated Agreement
representing the entire understanding of the parties
as to those matters contained herein, and
supersedes and cancels any prior oral or written
understanding or representations with respect to
matters covered hereunder. This Agreement may
not be modified or altered except in writing signed
by both parties hereto. City and Consultant agree
that no waiver of a breach of any provision of this
Agreement by either Consultant or City shall
constitute a waiver of any other breach of the same
provision or any other provision of this Agreement.
Failure of either City or Consultant to enforce at any
time, or from time to time, any provision of this
Agreement, shall not be construed as a waiver of
such provision or breach. Consultant shall promptly
inform City of any contract, agreement, arrangement,
or interest that Consultant may enter into or have
during the performance of this Agreement that may
conflict with City’s interests. This requirement
includes contracts, agreements and arrangements
with manufacturers, suppliers, contractors or other
clients whose interests might be served by the
services performed under this Agreement and
Consultant’s or Consultant’s clients’ interest in land
that might be affected by the services. Consultant
shall take such measures as are necessary in the
performance of this Agreement to prevent actual or
appearances of conflicts of interest. Consultant and
City agree that in any dispute, litigation, arbitration, or other proceeding by which one party either seeks to
enforce its rights under this Agreement (whether in
contract, tort or both) or seeks a declaration of any
rights or obligations under this Agreement, the
prevailing party will be awarded reasonable attorney’s
fees, together with any costs and expenses, to
resolve the dispute and to enforce any judgment,
including post judgment attorney’s fees costs and
expenses and any attorneys’ fees or costs incurred on
appeal of any judgment.
52 EXHIBIT “B”
SCOPE OF SERVICES
AND
EXHIBIT “C”
COMPENSATION FOR SERVICES
53 Solvang Strategic
Marketing Plan 2024-2025
Prepared for the City of Solvang
By TJA Advertising
Attachment B
54 City of Solvang Marketing Plan 3
Introduction 3
The Solvang Strategic Plan 4
Objectives and Strategies 5
Social Media Objectives and Recommendations 6
Website Objectives and Recommendations ` 7
Creative Strategies, Objectives and Recommendations 8
Media Plan and Strategies and Key Target Demographics 10 Agency Compensation and Budget 12-13
2024- 2025 Budget Solvang: January 2024 - June 2025 14-15 Contents
TJA Advertising & Public Relations is excited to extend our collaboration with the City of Solvang, dedicated to enhancing overnight stays, amplifying TOT, increasing
occupancy and RevPAR, and fostering a resurgence in
business and restaurant patronage.
Within a mere six months of our partnership under the
TJA contract, we have consistently delivered on time and within budget, accomplishing every facet outlined in the agreement. Our achievements encompass the development
of a much-needed updated website, now equipped to
seamlessly incorporate new lodging listings, dining options, businesses, events, blogs, and refreshed design elements featuring updated visuals and copy. TJA has overseen
new photo and video shoots, resulting in the creation of two compelling videos, which have been shared not only
with Islet and Stiletto but also utilized for diverse marketing needs. Furthermore, we crafted a new full-page branding ad for the Visit Santa Ynez Guide and designed all campaign elements for the advertising initiative with Bay Area News.
This comprehensive effort involved the creation of digital banner ads, native stories, and targeted social media
advertisements.
Addressing the void in Social Media, TJA executed a
strategic approach, incorporating targeted paid advertising and introducing Crowdriff to enhance third-party social photography gathering, contributing to the development of extensive photo galleries on the website. After several years without access to the newsletter database, TJA revitalized engagement by sending out three newsletters spotlighting upcoming events and lodging specials. With the completion of the new website, TJA now facilitates the publication of updated blogs, removing outdated content and introducing fresh, relevant material. Presently, we are actively engaged in a fully integrated advertising campaign with the Bay Area News Group, encompassing native stories, targeted digital and social media advertising, emphasizing both overnight stays and Julefest. We are delighted that the City Council has reviewed our performance over the six-month contract, leading to their approval for staff to draft a new contract for the next eighteen months.
Looking ahead, TJA is committed to orchestrating a
sustained strategy, collaborating with existing Public
Relations and Social Media Contractors at strategic intervals to maximize efficacy without redundancy in efforts or costs.
TJA will spearhead all aspects of paid advertising, including planning, placement, and creative execution across print, digital, and paid social media. Additionally, TJA will assume full responsibility for website design, maintenance and updates, blog creation, and execution, as well as crafting and disseminating dedicated newsletters to the Solvang
database on a monthly basis.
Recognizing the challenges the City has faced with past marketing endeavors, especially considering the recent
pandemic, TJA is poised to provide the expert partnership needed to reinvigorate and expand lodging and business
growth. Solvang’s unique brand, offering a distinctly European flavor, paired with a renowned California wine region, diverse outdoor activities, historical points of interest, and a celebrated neighboring Chumash community, positions it as a standout destination in the domestic travel landscape.
The Executive Summary for the 2024-2025 Strategic
Marketing Plan serves as a comprehensive guide and
roadmap to propel the City of Solvang towards increased overnight stays and effective promotion of the diverse
services and experiences awaiting visitors during their time in Solvang. This strategic plan is meticulously crafted to elevate the awareness of the Solvang tourism brand and
stands as a vital communication tool fostering collaboration among key stakeholders in Solvang’s tourism ecosystem.
These pivotal contributors include the City Council and Staff, Chamber of Commerce, Visit Santa Ynez, Visit California, Central Coast Tourism Council, and other influential entities.
The plan’s overarching goal is to unify efforts, streamline communication, and collectively enhance Solvang’s
positioning as a premier destination for both local and global travelers.
Introduction
Executive Summary
and Purpose
55 City of Solvang Marketing Plan 5
Objectives
1. Enhance shoulder season growth and mid-week travel to support lodging properties and Solvang businesses during periods of reduced occupancy.
2. Expand marketing efforts to Southern California and the Bay Area, targeting a higher demographic spender to increase overall revenue.
3. Collaborate with wine organizations and the Visit Santa Ynez group to effectively market to the wine enthusiast demographic.
4. Drive increased traffic to solvangusa.com through targeted marketing strategies.
5. Strengthen collaboration with CCTC, Visit California, Visit Santa Ynez, and other supporting organizations to maximize promotional impact.
6. Foster a collaborative environment among supportive groups, including the Chamber of Commerce and Visit Santa Ynez, to work cohesively towards shared goals.
Strategies
1. Amplify local events to encourage extended visitor stays through a diverse array of activities.
2. Incorporate a compelling call to action with Lodging Specials in all banners, marketing materials, brochures, and social media posts/videos.
3. Identify and pursue co-op and marketing opportunities with diverse organizations.
4. Cultivate strong relationships with strategic partners within the lodging and Solvang business community.
5. Enhance communication channels with local businesses and the hospitality industry, keeping them informed about efforts and upcoming events.
6. Collaborate closely with Visit Santa Ynez Valley to explore co-op opportunities and minimize duplication of efforts.
7. Attend Summits and Board Meetings as needed to stay informed and engaged.
8. Disseminate a monthly newsletter that provides valuable and informative content for all partners, incorporating a clear call to action.
9. Expand the production of video content to reinforce branding and marketing efforts.
10. Develop native content to further support brand messaging.
11. Sponsor events and activities aligned with and conducive to brand development.
12. Continuously report impressions and referrals to the website lodging page post each advertising campaign.
13. Forge cooperative marketing opportunities with relevant entities.
14. Provide comprehensive collateral for advertising responses and press inquiries.
15. Create marketing and communication tools for various lodging properties, facilitating collaborative promotion of events and activities.
Measurements
1. Monitor and report on key performance indicators such as TOT, RevPAR, occupancy, Instagram followers, and Facebook fans on a monthly basis to the City Manager and or Marketing Coordinator, while also updating the information on the new portal.
2. Evaluate the success of advertised events through metrics like attendance and ticket sales.
3. Assess the performance of newsletters by tracking open rates and subscription growth.
4. Continuously report on website statistics and its growth.
5. Establish a secure marketing portal to house current marketing and media plans, press releases, photography, videos, campaigns, and results. Grant password-protected access to all lodging properties in Solvang, City Council, City Staff, and other relevant stakeholders.
6. Strive to increase RevPAR and TOT growth.
7. Calculate the number of group tours passing through Solvang.
8. Obtain surveys from event organizers to gather data on out-of-area attendees.
9. Collaborate with the Solvang Chamber of Commerce to develop promotions and ideas aimed at fostering local business growth and profitability.
10. Emphasize native stories that highlight stewardship efforts specific to the City of Solvang and its surroundings, focusing on the preservation of the city’s history and culture.
11. Monitor visitor traffic to solvangusa.com regularly.
The Solvang Strategic Plan Objectives and Strategies
Strategic Imperatives
Foster targeted and responsible
tourism growth by collaborating with
strategic partners, expanding brand initiatives,
and ensuring visitor satisfaction for repeat
business. Emphasize marketing efforts
on the off-season and mid-week travel to
maximize impact.
Mission
Statement
The mission of the City of Solvang,
through its marketing initiatives, is to
cultivate overnight visitor revenues and enhance
destination awareness. This is achieved by
consistently promoting a recognizable,
impactful, and targeted promotional
message.
Vision
The City of Solvang upholds the destination’s brand with integrity through strategic partnerships with media and marketing allies. Our commitment is to foster smart tourism growth, employing cutting-edge promotional tactics, all while
prioritizing the satisfaction of our local residents.
Brand
Solvang presents a truly
distinctive brand, providing
a unique blend of European
charm.
This is enriched by its
association with a
well-regarded California
wine region, a range of
diverse outdoor activities,
points of historical interest,
and a vibrant neighboring
Chumash community.
Role
The Solvang marketing
plan constitutes a
comprehensive tourism brand
management and awareness
program, crafted through
collaborative partnerships and
strategically allocated marketing
and promotional budgets.
This initiative aims to generate
overnight stays, particularly
during the off-season,
providing a dual benefit by not
only boosting tourism but also
contributing to the success
of local businesses. By filling
rooms, we concurrently drive
customers to establishments
throughout Solvang.
Lorem ipsum
Solvang
Strategic
Plan
1. 2. 5.
3. 4.
4 City of Solvang Marketing Plan
56 City of Solvang Marketing Plan 7
Website Objectives and Recommendations
• Expand the photo and video gallery continually as new assets become available. • Redesign home page and interior pages to improve design, visuals and copy layout. • Upgrade existing Static page to custom design. (Julefest, Dog Friendly etc) • Conduct an accessibility audit to make sure site is legal in that area. • Enhance the media page to attract more press coverage. • Conduct new photography sessions as needed for updates to lodging, dining, and wine tasting. • Collaborate with staff to ensure the event calendar is regularly updated. • Do security audits on a regular basis and do updates as needed to secure site. • Develop NEW SEO friendly Weddings page content and design. • Sustain ongoing SEO management efforts.
• Preform Page speed audit and fix any issues flagged.
• Encourage lodging members to feature specials/packages on their websites for seamless linking. • Include Lodging Outbound Referral Reports in the monthly website metric reports, covering referrals from websites, reservation pages, and specials/packages pages.
• Leverage TJA’s expertise in lodging metrics, focusing on Occupancy, ADR, and RevPAR. • Optimize the new home page’s focus on lodging, events, and activities, along with the existing CrowdRiff gallery. • Enhance user experience on the new website by streamlining access to content through the main navigation menu. • Create an Internal Use Reporting Portal/Dashboard, mirroring PismoBeachDashboard.com, to encompass Social Media Reports and Tactics, Website Metrics, advertising creative and campaigns, Revenue Monthly Reports, archive, TOT, RevPAR, Occupancy, and Sales Tax data. This password-protected tool ensures convenient access for City staff, City Council, and other stakeholders to stay current on campaign progress, research findings, financial reports, and marketing budgets. • Manage the new Solvang portal with monthly updates on Google Analytics, TOT, marketing campaign results, social media performance, and public relations outcomes.
• Conduct regular website maintenance, monthly SEO work, content updates, and reports. Provide outbound link and website monthly reports detailing site visits, referral sources, and referrals from the website to each lodging property in Solvang. • Deliver monthly updates and presentations on the portal to the City Manager and or Marketing Coordinator. Report to City Council once a quarter on marketing and website activities and results. • Do Blog posts, content revisions, produce new content on Wordpress on a monthly basis.
Social Media Objectives and Recommendations
• Develop and implement a demographically targeted Social Media paid advertising campaign on Facebook and Instagram, specifically targeting geo-locations aligned with drive markets and niche interests. • Enhance and increase the frequency of blog postings to showcase the town and surrounding area, contributing to SEO goals and objectives for the website.
• Regularly publish high-quality email newsletters to engage and inform the audience. • Concentrate on highlighting the wine region, golf, and outdoor adventures on Social Media platforms. • Expand lodging specials and accommodation options to encourage longer stays and increased spending by visitors. • Enhance website pages by integrating CrowdRiff galleries and stories throughout to bolster SEO. • Revamp the Pinterest board by curating content from Facebook, Instagram, Travel Blogs, and Email communications. • Increase the production of high-quality professional videos and photos. • Generate monthly reports outlining the results of Localhood stories, blogs, email campaigns, and the effectiveness of paid social media ads.
6 City of Solvang Marketing Plan
57 8 City of Solvang Marketing Plan City of Solvang Marketing Plan 9 Creative Strategies, Objectives,
and Recommendations
• Promote the town’s rich Danish heritage, its charming architectural style, and the unique experience of a trip to Denmark, all without boarding a plane.
• TJA recommends retaining the tagline “The Danish Capital of America” and the current logo design, recognizing these as iconic brands that the City has invested significant time and marketing resources in promoting. There’s no compelling reason to alter this effective branding and messaging.
• Utilize the “The Danish Capital of the World” brand to underscore the broader offerings in the surrounding area, emphasizing attractions such as the renowned wine regions of Santa Barbara County, the nearby Santa Ynez Valley, and other local wineries.
• Highlight a diverse range of activities, including golfing, horseback riding, hiking, wine tasting, visiting the many wonderful Museums in Solvang, dining, visits to the Chumash Casino, the soon-to-open Chumash Museum and Cultural Center, Lake Cachuma, historical points of interest, and other attractions. Emphasize the area’s scenic outdoor beauty. • Develop curated itineraries for two, three, and four-day stays to encourage longer-term visits to Solvang. • Incorporate a compelling call to action in all paid advertising with “Check out our Lodging Specials,” accompanied by a link directing visitors to a dedicated landing page on the Solvang website. This page will feature various lodging specials from Solvang properties supporting TOT.
58 10 City of Solvang Marketing Plan
Media
Tactics
Santa Barbara
Independent
(Events)
805 Living
Wine
Enthusiast
Outreach Bay Area
News
Group
Facebook
Advertising
Central Coast
Tourism Council
co-op (Sunset
Magazine)
Instagram
Advertising
SF Gate
Orange County
New Group
Los Angeles
Times
Westways/
Visit Santa Ynez
co-op
Visit
California
01 02
03 04
05 06
07 08
09 10
12 11
City of Solvang Marketing Plan 11
Media Plan and Strategies
and Key Target Demographics
Empty Nesters-Adults (50 plus)
Individuals with grown children who can travel during the off-season and mid-week. TJA recommends targeting upscale visitors within this demographic, as they are more likely to stay for extended periods and contribute more to the local economy.
Multigenerational Travelers
Families who seek shared experiences and the creation of lasting memories, often spanning across generations. These groups typically plan around significant life events, opting for multiple rooms or vacation rentals, resulting in extended overnight stays.
Next Gen Travelers
Younger couples and singles characterized as feel-good travelers, leveraging the latest travel technology for planning and booking.
This group is drawn to outdoor experiences, scenic beauty, and the nearby wine region.
Diversity
Beyond encompassing race, gender, age, physical ability, and sexual and religious orientation, embracing diversity at its core is about acknowledging the uniqueness of each individual while recognizing our shared similarities. Solvang is actively integrating diversity into its marketing strategies and business practices, transcending its role as a mere destination to embrace it as an intrinsic aspect of its identity as a city. The imperative to embrace diversity is not solely driven by economic benefits but, fundamentally, because it aligns with the principles of equity and inclusion. Solvang, renowned for its welcoming and friendly atmosphere, is committed to ensuring that this hospitality extends universally through our marketing efforts and at every juncture of the visitor experience.
Target Markets
Significant focus will be placed on the three-to-six-hour drive markets to boost overnight stays and extended visits during the off-season. Targeting both Southern and Northern California, as well as Santa Barbara and Ventura counties, and potentially Sacramento, will be accomplished through a combination of print and digital advertising efforts. TJA aims to conduct further research to identify potential new markets with the potential to drive future travel and increase overnight stays.
Media Tactics
• Develop innovative digital and native advertising campaigns in collaboration with reputable media outlets, leveraging targeted email, social media, and retargeting strategies. Key media partners include Los Angeles Times, SF Gate, Bay Area News Group, Google, Facebook, and Instagram for targeted ads. • Amplify Solvang events through the creation of compelling posters, ad creative, strategic ad placement, public relations efforts, and social media engagement. Implement targeted paid ads and establish dedicated landing pages on solvangusa.com to facilitate ticket sales and drive visitors to the site. Highlighted events include Danish Days, Julefest, Solvang Stomp, and more. • Take advantage of several co-op opportunities with visitsyv.com, CCTC, Visit California, and the Chamber of Commerce of Solvang.
59 12 City of Solvang Marketing Plan City of Solvang Marketing Plan 13 Agency Compensation and Budget
It has consistently been our objective to prioritize our clients’ budgets for media and advertising-related tactics, including social media, public relations, website development, and creative design. We aim to minimize spending on agency compensation for activities such as mailings, phone calls, and meetings, ensuring that the majority of allocated funds contribute directly to growing TOT and increasing sales in the City.
Each month, when the City of Solvang receives our agency statement, it will include a comprehensive breakdown of vendor invoices and hours dedicated to various tactics such as social media, website work, graphic design, and paid advertising for your thorough review.
In managing the City of Solvang account, our primary focus is on allocating funds to initiatives that directly impact TOT and sales growth in the City. TJA will apply a standard 15% agency commission on all media expenditures. In cases where media is not commissionable, the agency will mark it up by only 15%. All external purchases on behalf of the City of Solvang will be marked up at the same low 15% rate.
This approach affords the agency the flexibility to recommend media options based on merit rather than commission potential.
Areas not covered by the 15% commission, such as social media, website development, art, and design, will be billed at an hourly rate of $95.00—a rate that stands competitively against industry standards. The only retainer in this plan is an Account Service retainer of $1500 per month.
Above all, our commitment to accountability centers around fiscal responsibility. TJA pledges cost-efficiency and transparency, providing the City of Solvang with superior creative services, extensive media expertise, heightened advertising influence, and strategic alliances that ensure a greater impact per advertising dollar spent.
Agency Hourly Fee Rates:
Accounting, media checking, budgeting, and billing: Covered by 15% media commissions.
Management Services: Billed monthly at a $1500 per month retainer.
Creative Design: $95 per hour.
Broadcast and Video Production: $95 per hour.
Influencer Management and Development: $95 per hour.
Website Design, Coordination, Reporting, & Maintenance: $95 per hour.
Social Media Marketing: $95 per hour for planning and postings, ad (Facebook, Instagram, YouTube, TikTok, Pinterest) creation, content development, and stat reporting. *Extensive campaigns beyond the scope of work will
be quoted and approved in advance. Hourly charges
and media costs will not exceed approved budget
amounts for each category without City Manager or
new Marketing Coordinator approval.
60 14 City of Solvang Marketing Plan
Account Service Retainer Monthly $ 27,000 ($1,500 per mo.) The account service will encompass the management of all account teams, oversight of website activities, supervision of social media and creative production. This involves conducting meetings with the City as required, both in person and via Zoom.
Additionally, it includes the preparation of reports and coordination with both Islett and Stiletto for planning and execution, ensuring there is no duplication of efforts or costs. The management of event marketing, attendance at key events, media planning and buying, supervision of account teams, and oversight of art and video production are also integral aspects of Account Supervisor Management.
Crowdriff Subscription $7,000 (Yearly)
CrowdRiff serves as visual content marketing software tailored for travel and hospitality brands. This platform empowers us to efficiently source, distribute, and optimize visuals. With CrowdRiff, we can secure legal rights to User Generated Content (UGC), facilitating the publication of LocalHood stories on Google Discover and the Visit California website. Furthermore, it enables us to curate photos and develop website galleries that are seamlessly embedded on the site, enhancing visual appeal and boosting SEO.
Contingency $37,000
It is crucial to establish a media plan that allows flexibility for seizing last-minute media discounts and allocating uncommitted funds for needs identified collaboratively by the agency and client. It is imperative to emphasize that no funds from the Contingency category will be expended without prior client approval. Examples of the utilization of these funds may include instances where a notable media outlet offers a last-minute opportunity for Solvang. An illustration of this is our experience with Sunset Magazine, where prompt and effective action enabled us to secure a significant reduction in the cost of a full-page ad. Additionally, these funds could be allocated for valuable co-op opportunities with Visit California or Visit Santa Ynez that may arise later in the year. Any expenditures related to media and creative from this budget will undergo approval by the City Manager and/or Marketing Coordinator.
*GRAND TOTAL $366,000
*Total 15% TJA commissions are already incorporated into the overall media placement budget mentioned above. It is essential to emphasize that this is a fixed budget for the eighteen-month contract period, and expenditures will not surpass this total amount unless approved by the City. All media costs and tactics will be thoroughly discussed and presented to the City Manager and/or Marketing Coordinator before any expenditures. This encompasses items taken from the Contingency budget as well. The monthly budgeted amounts are approximations, subject to variation based on specific needs and tasks. While some months may see lower or higher spending, the cumulative amount per category at the end of the contract will not exceed the total designated for the entire contract duration. The sole fixed cost per month is the $1500 account service fee.
City of Solvang Marketing Plan 15
2024- 2025 Budget Solvang:
January 2024 - June 2025
Creative Production $35,000
Encompassing all aspects of print and digital ad design, collateral creation, video production, photography, and copywriting.
Approval for creative work and associated costs will be sought from the City Manager and/or Marketing Coordinator before execution.
Website Enhancements $90,000 ($5,000 per mo.)
Involves monthly design elements and copy creation, event postings, updates for dining, wine tasting, lodging, and other tourism-related businesses in Solvang, blog placement, SEO, “Google My Business” management, software updates, enhanced functionality, and the creation and management of a new measurement portal. Website work and content management will be coordinated through the City Manager and/or Marketing Coordinator.
Social Media Management $45,000 ($2,500 per mo.)
Monthly oversight of all paid social media advertising, including ad creation and placement on platforms such as Facebook, Instagram, and potentially additional platforms in the future. Management of Pinterest pin, blog creation, newsletter generation, distribution to the database, coordination of Crowdriff, and collaboration with PR and Islett for social media content sharing.
Targeted Social Media Advertising $45,000 ($2,500 per mo.) Planning, execution, and media costs for insertions within social media channels, including the identification of target demographics. This pertains to the promotion of events, lodging specials, dining/wine, and retail promotions in Solvang.
Spring 2024 Advertising $30,000 (2-mo. Flight)
Southern LA Times
A targeted digital campaign designed to promote lodging specials, showcase native stories highlighting activities, enhance the brand, emphasize shopping and dining, and spotlight upcoming events. All campaign tactics and associated costs will be subject to approval by the City Manager and/or Marketing Coordinator.
Fall/ Winter Advertising Southern 2024 $30,000 (2-mo. Flight) Orange County News Group
A focused print and digital campaign aimed at promoting lodging specials, featuring native stories showcasing activities, enhancing the brand, and highlighting shopping, dining, and upcoming events, including Danish Days and Julefest.
All campaign tactics and associated costs will undergo approval by the City Manager and/or Marketing Coordinator.
Spring Advertising Northern 2025 $20,000 (2-mo. Flight) SF Gate (Bay Area)
A precise print and digital campaign aimed at promoting lodging specials, featuring native stories that highlight activities, enhancing the brand, and showcasing shopping, dining, and upcoming events. All campaign tactics and associated costs will be subject to approval by the City Manager and/or Marketing Coordinator.
Account service retainer monthly $ 27,000 ($1,500 per mo.) 61 TJA Advertising & Public Relations, Inc.
S Corporation
Main Office:
500 Cypress Street, Suite S11, Pismo Beach, CA 93449
(805) 541-6020 | (805) 541-6022 FAX | [email protected] Management Team for Solvang
John Sorgenfrei | Account Supervisor
Claudia Torkelson | Social Media Director
Rick Turton | Website/Online Director
Tom Walker | Website Design
Quint Stevens | Creative Director
Melissa Hageman | Finance Manager
62 CITY COUNCIL STAFF REPORT
AGENDA ITEM 4.e
Meeting Date: December 11, 2023
SUBJECT: Approve the second amendment to the agreement with Stiletto Marketing for Tourism Marketing Services for an additional amount of $88,500 for a new total not-to-exceed amount of $127,100 and to extend the term through June 30, 2025, and authorize the Mayor to execute on behalf of the City PREPARED BY: Randy Murphy, City Manager
DISCUSSION:
At the November 13th meeting, the Council directed staff to return with contract extensions for the City’s three marketing partners. This is the second of those agreements. Stiletto has also been an excellent partner.
ALTERNATIVES:
This item is consistent with recent Council direction. However, although it is not recommended in this instance, Council always retains the right to modify previous direction.
FISCAL IMPACT:
As previously discussed, approximately $19,500 of the additional amount will be incurred in the current FY, with the balance to be budgeted in FY 24/25.
ATTACHMENTS:
A. Amendment #2
B. Proposed Scope of Work
63 AMENDMENT NO. 2
to the Agreement with
ANNA FERGUSON dba STILETTO MARKETING
THIS SECOND AMENDMENT is made and entered into this 11th day of December 2023 between the CITY OF SOLVANG, a municipal corporation, and Charter City (City), and ANNA FERGUSON dba STILETTO MARKETING, an individual (Contractor). In consideration of the mutual covenants and conditions set forth in the original Agreement dated, April 25, 2023, and Amendment No. 1, dated May 22, 2023, for SolvangUSA social media, the parties agree to this second amendment to extend the term and “scope of work” herein referenced as “proposal” for the additional amount not to exceed $88,500, attached herein as Exhibits “B” and “C” to this agreement, for a total contract amount not to exceed $127,100 and to extend the term to June 30, 2025.
All remaining portions of the original Agreement and applicable portions of prior Amendment(s) shall remain in full force and effect.
CITY OF SOLVANG ANNA FERGUSON dba STILETTO MARKETING
Mark Infanti, Mayor Anna Ferguson, Contractor
APPROVED AS TO FORM:
Dave Fleishman, City Attorney
Attachment A
64 EXHIBIT “A”
TERMS AND CONDITIONS
1. Compensation. Consultant shall be paid on a time
and materials or lump sum basis, as may be set forth
in Exhibit “C”, within 30 days of completion of the
Work and approval by the City.
2. Compliance with Law. Consultant shall comply
with all applicable laws and regulations of the federal, state and local government, including any
requirements to pay prevailing wage under the Labor
Code or similar laws. Consultant shall assist the City, as requested, in obtaining and maintaining all permits
required of Consultant by Federal, State and local
regulatory agencies. Consultant is responsible for all
costs of clean up and/or removal of hazardous and
toxic substances spilled as a result of his or her Work.
3. Standard of Care. The Consultant shall perform
the Work 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 the profession practicing
under similar conditions.
4. Insurance. The Consultant shall take out and
maintain, during the performance of all work under
this Agreement: A. Commercial General Liability
Insurance in the amounts specified in Section 6 of the
Agreement for bodily injury, personal injury and
property damage, at least as broad as Insurance
Services Office Commercial General Liability
coverage (Occurrence Form CG 0001), and if no
amount is selected in Section 6 of the Agreement, the
amounts shall be $1,000,000 per
occurrence/$2,000,000 aggregate; B. If automobiles
are used in providing the services, Automobile
Liability Insurance for bodily injury and property
damage including coverage for owned, non-owned
and hired vehicles, of at least $1,000,000 per accident for bodily injury and property damage, at least as
broad as Insurance Services Office Form Number CA
0001 (ed. 10/13) covering automobile liability, Code 1
(any auto); C. Workers’ Compensation in compliance
with applicable statutory requirements and Employer's
Liability Coverage of at least $1,000,000 per accident
or disease, and D. Professional Liability (Errors and
Omissions) coverage, if checked in section 6 of the
Agreement, written on an “occurrence” basis with a
limit not less than $1,000,000 per claim and which
shall be endorsed to include contractual liability. If
Consultant is unable to obtain coverage on an
occurrence basis, Consultant shall procure and pay
for appropriate tail coverage for a minimum of three
years following completion of the Scope of Services to
cover any errors or omissions occurring during the
Term. Insurance carriers shall be authorized by the
Department of Insurance, State of California, to do
business in California and maintain an agent for
process within the state. Such insurance carrier shall
have not less than an "A"; "Class VII" according to the latest Best Key Rating unless otherwise approved by
the City. The policies required under subsections A
and B shall be endorsed to include additional insureds
as follows: The City of Solvang and its Elected and
Appointed Officials, Officers, Employees, Agents,
and Volunteers. Consultant shall also submit to the
City a waiver of subrogation endorsement in favor of
the City on all policies where such endorsement is
commercially available.
5. Indemnification. To the fullest extent permitted by
law (including, but not limited to California Civil Code Sections 2782, 2782.8 and 2783), the Consultant
shall defend, indemnify and hold harmless the City, its Council, members of the Council, agents, officials,
officers, volunteers, and employees of the City,
against any and all claims, liabilities, demands,
expenses, costs and financial loss, or damages,
including reasonable attorneys’ fees, that arise
directly or indirectly from any acts or omissions
related to this Agreement performed by Consultant or
its agents, employees, subcontractors,
subconsultants, consultants, or other persons/entities
acting on Consultant’s behalf. This includes claims
for injury or death of any person, or damage to
property, or interference with use of property, or any
claim of the Consultant or subcontractor for wages or
benefits which arise in connection with the
performance of this Agreement, except to the extent
caused or resulting from the sole negligence or willful misconduct of the City, its Council, members of the
Council, agents and employees of the City.
Consultant shall be solely responsible for, and shall
save City harmless from, all matters relating to the
payment of Consultant’s employees, agents,
subcontractors and subconsultants, including
compliance with social security requirements, federal
and State income tax withholding and all other
regulations governing employer-employee relations.
The foregoing indemnity includes, but is not limited to, the cost of prosecuting or defending such action with
legal counsel acceptable to the City and the City’s
attorneys’ fees incurred in such an action.
6. Laws and Venue. This Agreement shall be
interpreted in accordance with the laws of the State of California. If any action is brought to interpret or
enforce any term of this Agreement, the action shall
be brought in a state or federal court situated in the
County of Santa Barbara, State of California.
7. Termination. The City may terminate or abandon
any portion or all of the Work by giving 10 calendar
days written notice to Consultant. In such event, the
City shall be immediately given title and possession to all original field notes, drawings and specifications,
written reports and other documents produced or
65 developed for the Work. The City shall pay
Consultant the reasonable value of any portion of the
Work completed prior to termination. The City shall
not be liable for any costs other than the charges or
portions thereof which are specified herein.
Consultant shall not be entitled to payment for
unperformed Work and shall not be entitled to
damages or compensation for termination of work.
Consultant may terminate its obligation to provide
further Work under this Agreement upon 30 calendar
days' written notice to the City only in the event of
City’s failure to perform in accordance with the terms
of this Agreement through no fault of Consultant.
8. Agreement Terms. Nothing herein shall be
construed to give any rights or benefits to anyone
other than the City and the Consultant. The
unenforceability, invalidity or illegality of any
provision(s) of this Agreement shall not render the
other provisions unenforceable, invalid or illegal.
Notice may be given or delivered by depositing the
same in any United States Post Office, certified mail,
return receipt requested, postage prepaid, addressed
to the parties to the addresses set forth in the
Agreement. Consultant shall not assign, sublet, or
transfer this Agreement or any rights under or interest in this Agreement without the written consent of the
City, which may be withheld for any reason.
Consultant is retained as an independent contractor
and is not an employee of the City. No employee or
agent of Consultant shall become an employee of the
City. The individuals signing this Agreement
represent that they have the authority to sign on
behalf of the Parties and bind the Parties to this
Agreement. This is an integrated Agreement
representing the entire understanding of the parties
as to those matters contained herein, and
supersedes and cancels any prior oral or written
understanding or representations with respect to
matters covered hereunder. This Agreement may
not be modified or altered except in writing signed
by both parties hereto. City and Consultant agree
that no waiver of a breach of any provision of this
Agreement by either Consultant or City shall
constitute a waiver of any other breach of the same
provision or any other provision of this Agreement.
Failure of either City or Consultant to enforce at any
time, or from time to time, any provision of this
Agreement, shall not be construed as a waiver of
such provision or breach. Consultant shall promptly
inform City of any contract, agreement, arrangement,
or interest that Consultant may enter into or have
during the performance of this Agreement that may
conflict with City’s interests. This requirement
includes contracts, agreements and arrangements
with manufacturers, suppliers, contractors or other
clients whose interests might be served by the
services performed under this Agreement and
Consultant’s or Consultant’s clients’ interest in land
that might be affected by the services. Consultant
shall take such measures as are necessary in the
performance of this Agreement to prevent actual or
appearances of conflicts of interest. Consultant and
City agree that in any dispute, litigation, arbitration, or other proceeding by which one party either seeks to
enforce its rights under this Agreement (whether in
contract, tort or both) or seeks a declaration of any
rights or obligations under this Agreement, the
prevailing party will be awarded reasonable attorney’s
fees, together with any costs and expenses, to
resolve the dispute and to enforce any judgment,
including post judgment attorney’s fees costs and
expenses and any attorneys’ fees or costs incurred on
appeal of any judgment.
66 EXHIBIT “B”
SCOPE OF SERVICES
AND
EXHIBIT “C”
COMPENSATION FOR SERVICES
67 REVISED – TO REFLECT WORK JANUARY 1, 2024 THROUGH JUNE 30, 2025
SCOPE OF SERVICES
Scope of Work – SolvangUSA (Tourism function):
On a monthly basis, Consultant will:
● Write, edit (with direction from City Manager and/or staff), and distribute any press announcements which might need to go out during a particular month, either full length press releases, brief media alerts, or pitches.
o Releases or pitches will be pushed out to local, near-regional, far-regional outlets, as well as appropriate national / industry publications, outlets, and contacts, with exact distribution audience to be determined by content of finalized, written work.
o Work includes creating and/or editing and distributing the press release(s) or pitch(es), as well as any necessary correspondence with press/media/writers surrounding the announcement(s)*.
* Coordination of any resulting media visit requests falls within this work. ● Conduct general media pitching and media outreach which is not necessarily tied to a specific press release or announcement; this would entail ongoing outreach to various editors, writers, outlets, and so forth.
● Field and respond to inbound media/PR requests for further information, photos, or possible media visits.
● Schedule, compile, and run through any one-off media itineraries and associated visits, or group / FAM tours of the destination and surrounding area. ● Pitch, plan and coordinate press / media / influencer stays or property visits, and/or any media preview events for new initiatives or events.
● Review HARO queries on a regular basis and subsequently pitch in response to any appropriate media queries, and conduct any required journalist follow-up. ● Conduct initial review of appropriate editorial calendars to determine a more precise pitching schedule for the upcoming months.
● Attend regular meetings with Solvang Marketing team and/or appropriate City staff or Committees to keep up-to-date on Solvang happenings, brainstorming, upcoming media visit briefing, etc.
● Regularly converse with Solvang Chamber of Commerce to align marketing efforts and to support the Solvang business community, as necessary. ● Coordinate photo / video shoots, if necessary, for editorial or social media use. o Professional-quality, high-resolution photos are required to submit along with any and all associated press releases, media alerts, or pitches.
Attachment B
68 ● Provide brief, monthly wrap-up report with status of editorial coverage; new ideas discussed during prior month and any existing implementation game-plan; reminders about upcoming/impending media visits.
o Reports to include any accessible or appropriate media valuation numbers and/or stats for prior month.
● Act as the interim media/PR liaison with other regional and statewide DMOs including Visit the Santa Ynez Valley, Visit Santa Barbara, Central Coast Tourism Council, and Visit California, as well as local Chambers of Commerce, to align Solvang efforts with peers and to alert them to Solvang initiatives for potential media pitching opportunities. ● Work regularly with SolvangUSA social media team(s) to offer links to news coverage, copy that has been created, or other ideas for use in posts. ● Communicate regularly with Solvang Visitor Center staff / management as to VC trends, visitor numbers/stats, concerns, visitation feedback.
● Attend regular meetings of the Solvang City Council, in-person or via Zoom, as well as Solvang Tourism Advisory Committee (or similar) meetings during term of this contract.
Proposed / Potential Timeline for January 2024 through December 2024 Work [POTENTIAL] DELIVERABLE(S):
Early-January 2024 Press Release
● Winter (“off” or “low” season) Travel Stories and Events (January through March), to possibly include:
o Support of Visit SYV’s Santa Ynez Valley Restaurant Weeks, with a focus on participating Solvang businesses (January 2024 dates TBA) o City-sponsored events scheduled for January through March o Other Solvang events, milestones, business anniversaries, museum exhibits, openings, etc.
o Ideas or suggested itineraries for family travel during schools’ Winter Breaks, or “Ski Week” travel alternatives
o Ideas or suggested itineraries for “cozy” winter travel through the area, and/or Valentine’s escapes
o Tips for Solvang trips in the off-season, with midweek and budget-friendly travel in mind (possibly highlighting Solvang travel packages or promos) o Easter happenings or Spring-themed initiatives (Easter is March 31, 2024) ● Content and format of early-January press release to be discussed with City staff and/or Committees prior to creation and distribution.
● As part of this deliverable, any associated media valuation reports or stats will be presented to and/or handed over to the City prior to termination of Contract period.
Early-April 2024 Press Release
● Summer Travel Stories and Events (May through September), to possibly include:
o Santa Barbara Wine Country Half Marathon (May 11, 2024) o Solvang Chamber of Commerce Music in the Park (starts late-June) o SYV Pride Parade and Festival (June 2024)
o Fourth of July (July 4, 2024)
o Solvang Danish Days (September 20-22, 2024)
69 o Other events, milestones, business anniversaries, museum exhibits, openings, etc.
● Content and format of early-April press release to be discussed with City staff and/or Committees prior to creation and distribution.
● As part of this deliverable, any associated media valuation reports or stats will be presented to and/or handed over to the City prior to termination of Contract period.
Two (2) Winter / Spring 2024 Pitches (not necessarily tied to Press Releases) ● Two (2) separate pitches (two different story angles) to be implemented during this Contract term, with the goal of securing media coverage either through in-person media visits or without media visitation to research for potential stories. ● Exact angles and pitch content to be discussed / determined through discussions with Solvang Marketing team, City management or staff, or Committees, as necessary. ● Pitch copy / content may also be used for social media content, SolvangUSA website and/or blog post content, or advertising / advertorial copy purposes.
July 2024 Press Release
● Solvang Julefest ‘24-‘25 (preliminary press release for Nov / Dec / Jan 2025 event) ● Content and format of July 2024 / initial Solvang Julefest press release to be discussed with City and event staff, and/or Committees, prior to creation and distribution. ● As part of this deliverable, any associated media valuation reports or stats will be presented to and/or handed over to the City prior to termination of Contract period.
August 2024 Press Release
● Fall Travel Stories and Events (Sept / Oct / Nov / Dec / Jan 2025), to possibly include:
o Solvang Danish Days (reminder about September 20-22, 2024 event) o SYV Hispanic Heritage Celebration (September / October) o Various Car Shows or other events scheduled for fall months o SYV Scarecrow Fest, Solvang Farmer Pumpkin Patch, Haunted House (October)
o Solvang Julefest (reminder and follow-up, any new event details as necessary)
● Content and format of August 2024 press release to be discussed with City and event staff, and/or Committees, prior to creation and distribution. ● As part of this deliverable, any associated media valuation reports or stats will be presented to and/or handed over to the City prior to termination of Contract period.
September / October 2024 Press Release
● “What’s New” in Solvang and “What’s on the Horizon for 2025,” to possibly include:
o Any new / Q1 2025 events scheduled
o Opened-in-2024 or revamped / expanded Solvang businesses or activities, plus expected openings for 2025 (e.g., new eateries or bars, new wine tasting spots, new shops or attractions / activities, new tours, new hotels) ● Content and format of September / October 2024 press release to be discussed with City staff and/or Committees prior to creation and distribution. ● As part of this deliverable, any associated media valuation reports or stats will be presented to and/or handed over to the City prior to termination of Contract period.
October / November 2024 Press Release
● Solvang Julefest (follow-up press releases, as necessary, for 2024-2025 event) ● Content and format of follow-up Solvang Julefest press releases to be discussed with City and event staff, and/or Committees, prior to creation and distribution. 70 ● As part of this deliverable, any associated media valuation reports or stats will be presented to and/or handed over to the City prior to termination of Contract period.
December 2024 into January 2025 Press Release(s)
● Solvang Julefest (follow-up press releases, as necessary, for Nov / Dec / Jan 2025 event)
● Content and format of follow-up Solvang Julefest press releases to be discussed with City and event staff, and/or Committees, prior to creation and distribution. ● As part of this deliverable, any associated media valuation reports or stats will be presented to and/or handed over to the City prior to termination of Contract period.
Media Support and Pitching – ONGOING, through June 2025 ● Any necessary support of media efforts by Solvang businesses, nonprofits, or other institutions, such as art exhibits and openings at the various museums, as an example. ● General media pitching and media outreach which is not necessarily tied to a specific press release or announcement; ongoing outreach to gauge any interest in the destination, either individually or as a whole along a “theme” (e.g., California Central Coast road trips, Europe-in-America, etc.).
EXHIBIT “C”
COMPENSATION FOR SERVICES
SOLVANG TOURISM MONTHLY RETAINER FEE – JANUARY 2024 THROUGH JUNE 2025:
● $3,250.00 per month (to include use of specific CISION components for media tasks**) ** CISION is an expensive investment, and the time it would take to set up a City-owned account would not be conducive to productivity given the short term of this contract.
Consultant’s plan is to utilize existing CISION subscription, but turn over to the City all data or reports specific to SolvangUSA work, upon project or contract termination.
RECOMMENDED MEDIA EXPENSE BUDGET – JANUARY 2024 THROUGH JUNE 2025:
● $30,000.00 (January 1, 2024 through June 30, 2025)
o Media hosting and/or wire services funds, which would allow for approximately $1,667.00 per month of any additional, agreed-upon expenses which might arise.
Any unused funds would roll over to the following month. Funds would be used for any travel or hosting expenses for specific media visits/contacts which Solvang might incur and/or need to reimburse (such as gas or airfare, Solvang hotel costs, meals, etc., when contact is not hosted by local hotels, restaurants, or other businesses or activities). Funds may also be used for additional wire services such as press release distribution via PR Newswire. 71 CITY COUNCIL STAFF REPORT
AGENDA ITEM 4.f
Meeting Date: December 11, 2023
SUBJECT: Approve the second Amendment to the agreement with Islett Agency for Tourism Marketing Services for an additional amount of $81,300 for a new total not-to-exceed amount of $116,300 and to extend the term to June 30, 2025, and authorize the Mayor to execute on behalf of the City PREPARED BY: Randy Murphy, City Manager
DISCUSSION:
At the November 13th meeting, the Council directed staff to return with contract extensions for the City’s three marketing partners. This is the third of those agreements. The Islett has also been an excellent partner.
ALTERNATIVES:
This item is consistent with recent Council direction. However, although it is not recommended in this instance, Council always retains the right to modify previous direction.
FISCAL IMPACT:
As previously discussed, approximately $24,000 of the additional amount will be incurred in the current FY, with the balance to be budgeted in FY 24/25.
ATTACHMENTS:
A. Amendment #2
B. Proposed Scope of Work
72 AMENDMENT NO. 2
to the Agreement with
ISLETT AGENCY INC
THIS SECOND AMENDMENT is made and entered into this 11th day of December 2023 between the CITY OF SOLVANG, a municipal corporation, and Charter City (City), and ISLETT AGENCY INC, a California Corporation hereinafter referred to as “Consultant”. In consideration of the mutual covenants and conditions set forth in the original Agreement dated, April 13, 2023, and Amendment No. 1, dated May 22, 2023, for Social Media Marketing, the parties agree to this second amendment to extend the term and “scope of work” herein referenced as “proposal” for the additional amount not to exceed $81,300, attached herein as Exhibits “B” and “C” to this agreement, for a total contract amount not to exceed $116,300, and to extend the term to June 30, 2025.
All remaining portions of the original Agreement and applicable portions of prior Amendment(s) shall remain in full force and effect.
CITY OF SOLVANG ISLETT AGENCY INC
Mark Infanti, Mayor Liana Cabrera, CEO
APPROVED AS TO FORM:
Dave Fleishman, City Attorney
Attachment A
73 EXHIBIT “A”
TERMS AND CONDITIONS
1. Compensation. Consultant shall be paid on a time
and materials or lump sum basis, as may be set forth
in Exhibit “C”, within 30 days of completion of the
Work and approval by the City.
2. Compliance with Law. Consultant shall comply
with all applicable laws and regulations of the federal, state and local government, including any
requirements to pay prevailing wage under the Labor
Code or similar laws. Consultant shall assist the City, as requested, in obtaining and maintaining all permits
required of Consultant by Federal, State and local
regulatory agencies. Consultant is responsible for all
costs of clean up and/or removal of hazardous and
toxic substances spilled as a result of his or her Work.
3. Standard of Care. The Consultant shall perform
the Work 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 the profession practicing
under similar conditions.
4. Insurance. The Consultant shall take out and
maintain, during the performance of all work under
this Agreement: A. Commercial General Liability
Insurance in the amounts specified in Section 6 of the
Agreement for bodily injury, personal injury and
property damage, at least as broad as Insurance
Services Office Commercial General Liability
coverage (Occurrence Form CG 0001), and if no
amount is selected in Section 6 of the Agreement, the
amounts shall be $1,000,000 per
occurrence/$2,000,000 aggregate; B. If automobiles
are used in providing the services, Automobile
Liability Insurance for bodily injury and property
damage including coverage for owned, non-owned
and hired vehicles, of at least $1,000,000 per accident for bodily injury and property damage, at least as
broad as Insurance Services Office Form Number CA
0001 (ed. 10/13) covering automobile liability, Code 1
(any auto); C. Workers’ Compensation in compliance
with applicable statutory requirements and Employer's
Liability Coverage of at least $1,000,000 per accident
or disease, and D. Professional Liability (Errors and
Omissions) coverage, if checked in section 6 of the
Agreement, written on an “occurrence” basis with a
limit not less than $1,000,000 per claim and which
shall be endorsed to include contractual liability. If
Consultant is unable to obtain coverage on an
occurrence basis, Consultant shall procure and pay
for appropriate tail coverage for a minimum of three
years following completion of the Scope of Services to
cover any errors or omissions occurring during the
Term. Insurance carriers shall be authorized by the
Department of Insurance, State of California, to do
business in California and maintain an agent for
process within the state. Such insurance carrier shall
have not less than an "A"; "Class VII" according to the latest Best Key Rating unless otherwise approved by
the City. The policies required under subsections A
and B shall be endorsed to include additional insureds
as follows: The City of Solvang and its Elected and
Appointed Officials, Officers, Employees, Agents,
and Volunteers. Consultant shall also submit to the
City a waiver of subrogation endorsement in favor of
the City on all policies where such endorsement is
commercially available.
5. Indemnification. To the fullest extent permitted by
law (including, but not limited to California Civil Code Sections 2782, 2782.8 and 2783), the Consultant
shall defend, indemnify and hold harmless the City, its Council, members of the Council, agents, officials,
officers, volunteers, and employees of the City,
against any and all claims, liabilities, demands,
expenses, costs and financial loss, or damages,
including reasonable attorneys’ fees, that arise
directly or indirectly from any acts or omissions
related to this Agreement performed by Consultant or
its agents, employees, subcontractors,
subconsultants, consultants, or other persons/entities
acting on Consultant’s behalf. This includes claims
for injury or death of any person, or damage to
property, or interference with use of property, or any
claim of the Consultant or subcontractor for wages or
benefits which arise in connection with the
performance of this Agreement, except to the extent
caused or resulting from the sole negligence or willful misconduct of the City, its Council, members of the
Council, agents and employees of the City.
Consultant shall be solely responsible for, and shall
save City harmless from, all matters relating to the
payment of Consultant’s employees, agents,
subcontractors and subconsultants, including
compliance with social security requirements, federal
and State income tax withholding and all other
regulations governing employer-employee relations.
The foregoing indemnity includes, but is not limited to, the cost of prosecuting or defending such action with
legal counsel acceptable to the City and the City’s
attorneys’ fees incurred in such an action.
6. Laws and Venue. This Agreement shall be
interpreted in accordance with the laws of the State of California. If any action is brought to interpret or
enforce any term of this Agreement, the action shall
be brought in a state or federal court situated in the
County of Santa Barbara, State of California.
7. Termination. The City may terminate or abandon
any portion or all of the Work by giving 10 calendar
days written notice to Consultant. In such event, the
City shall be immediately given title and possession to all original field notes, drawings and specifications,
written reports and other documents produced or
74 developed for the Work. The City shall pay
Consultant the reasonable value of any portion of the
Work completed prior to termination. The City shall
not be liable for any costs other than the charges or
portions thereof which are specified herein.
Consultant shall not be entitled to payment for
unperformed Work and shall not be entitled to
damages or compensation for termination of work.
Consultant may terminate its obligation to provide
further Work under this Agreement upon 30 calendar
days' written notice to the City only in the event of
City’s failure to perform in accordance with the terms
of this Agreement through no fault of Consultant.
8. Agreement Terms. Nothing herein shall be
construed to give any rights or benefits to anyone
other than the City and the Consultant. The
unenforceability, invalidity or illegality of any
provision(s) of this Agreement shall not render the
other provisions unenforceable, invalid or illegal.
Notice may be given or delivered by depositing the
same in any United States Post Office, certified mail,
return receipt requested, postage prepaid, addressed
to the parties to the addresses set forth in the
Agreement. Consultant shall not assign, sublet, or
transfer this Agreement or any rights under or interest in this Agreement without the written consent of the
City, which may be withheld for any reason.
Consultant is retained as an independent contractor
and is not an employee of the City. No employee or
agent of Consultant shall become an employee of the
City. The individuals signing this Agreement
represent that they have the authority to sign on
behalf of the Parties and bind the Parties to this
Agreement. This is an integrated Agreement
representing the entire understanding of the parties
as to those matters contained herein, and
supersedes and cancels any prior oral or written
understanding or representations with respect to
matters covered hereunder. This Agreement may
not be modified or altered except in writing signed
by both parties hereto. City and Consultant agree
that no waiver of a breach of any provision of this
Agreement by either Consultant or City shall
constitute a waiver of any other breach of the same
provision or any other provision of this Agreement.
Failure of either City or Consultant to enforce at any
time, or from time to time, any provision of this
Agreement, shall not be construed as a waiver of
such provision or breach. Consultant shall promptly
inform City of any contract, agreement, arrangement,
or interest that Consultant may enter into or have
during the performance of this Agreement that may
conflict with City’s interests. This requirement
includes contracts, agreements and arrangements
with manufacturers, suppliers, contractors or other
clients whose interests might be served by the
services performed under this Agreement and
Consultant’s or Consultant’s clients’ interest in land
that might be affected by the services. Consultant
shall take such measures as are necessary in the
performance of this Agreement to prevent actual or
appearances of conflicts of interest. Consultant and
City agree that in any dispute, litigation, arbitration, or other proceeding by which one party either seeks to
enforce its rights under this Agreement (whether in
contract, tort or both) or seeks a declaration of any
rights or obligations under this Agreement, the
prevailing party will be awarded reasonable attorney’s
fees, together with any costs and expenses, to
resolve the dispute and to enforce any judgment,
including post judgment attorney’s fees costs and
expenses and any attorneys’ fees or costs incurred on
appeal of any judgment.
75 EXHIBIT “B”
SCOPE OF SERVICES
AND
EXHIBIT “C”
COMPENSATION FOR SERVICES
76 PREPARED BY
SOLVANG
USA
SOCIAL MEDIA MARKETING PROPOSAL NOVEMBER 2023
Attachment B
77 15/month
repost tagged Instagram Stories
source and curate visitor posts
source and curate Solvang business
content
recommended: semi-annual content
shoots [a la carte below]
POST FREQUENCY:
[M-F]
CONTENT:
a team of four [4] dedicated social
media experts
monthly form outlining upcoming
holidays and marketing initiatives
optimize social media platforms
bi-weekly editorial calendars with one
[1] round of revisions
custom hashtag development
attend and present at city council
meetings
custom social media marketing
strategy
30-minute weekly strategy and touch
base session with your islett team of
experts
weekly report + monthly report with
key takeaways
engage with comments on posts
engage with tagged posts
engage with geotagged posts
respond to direct messages
Instagram, Facebook, TikTok
STRATEGY:
REPORTING:
INBOUND COMMUNITY MANAGEMENT
[Mon-Fri]:
PLATFORMS:
DELIVERABLES
SOCIAL
MARKETING
$4,000/MO
SOCIAL MEDIA MARKETING
+ CONTENT PACKAGE
18-MONTHS
$81,300
Monthly Social Media Marketing
x 18 @ $72,000
Photoshoot x 1 @ $4,000
Video Production x 1 @ $3,800
Giveaway Management x 3 $1,500
ITEMIZED SERVICES:
78 A LA CARTE SERVICE OFFERINGS
PHOTOSHOOT
$4,000/DAY
90 final retouched images
islett pre-production planning
onsite assistance from islett
content ownership
includes travel expenses
Full day 6-8 hour
documentary-style photoshoot
DELIVERABLES:
VIDEO
PRODUCTION
$3,800/DAY
GIVEAWAY
MANAGEMENT
$500/EACH
Brand Partner Identification & Outreach
Coordinate Giveaway Logistics with
Brand Partners
Giveaway Content Creation
Winner Selection and Notification
DELIVERABLES:
30-40 final edited social media video
[vertical] for Instagram Reels + TikTok
storyboard & concept development for
each video
music & sound selection
short form video trend monitoring
pre-production + onsite assistance from
islett agency
Full day 6-8 hour
documentary-style photoshoot
DELIVERABLES:
79 CITY COUNCIL STAFF REPORT
AGENDA ITEM 4.g
Meeting Date: December 11, 2023
SUBJECT: Discussion and Possible Action to adopt Resolution 23-1239 Approving Amendment to the City’s Flexible Benefits Plan reflecting changes to Internal Revenue Code (IRC)
PREPARED BY: Wendy Berry, Director of Administrative Services DISCUSSION:
The City of Solvang currently provides a benefit to its employees by allowing participation in Flexible Spending Accounts (FSA). This plan allows participating employees to use pre-tax dollars to pay for eligible health care expenses or dependent care expenses for employees, spouses, and eligible dependents. If enrolled, the employees allocated amount must be used in full before the end of the plan year, otherwise any remaining unused balances are forfeited. To avoid forfeiting the unused balance, the IRS allows each enrollee to rollover a portion of the unused money. Currently, per the City’s Resolution 19-1092, each enrolled employee can roll over $500. The 2024 rollover amount will be $640.00. The City has not updated the rollover amount since 2019. The chart below lists the current annual medical maximum and rollover amounts for 2023 and 2024. If City Council adopts the attached Resolution, the annual approved City rollover amount, the annual medical maximum and the dependent care amounts will remain consistent with the IRS rate and will authorize the City Manager update the amounts based on the IRS rules.
2024 2023
FSA Medical Annual $3,200 $3,050
FSA & Limited Purpose FSA Carryover $640 $610
ALTERNATIVES:
City Council can choose an amount between the current amount and the IRS rate.
FISCAL IMPACT:
No fiscal impact.
ATTACHMENTS:
A. Resolution 23-1239
80 R 23-1239 FSA
RESOLUTION NO. 23-1239
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOLVANG CALIFORNIA APPROVING AMENDMENT TO THE CITY’S FLEXIBLE BENEFITS PLAN REFLECTING CHANGES TO
INTERNAL REVENUE CODE
WHEREAS, the City of Solvang wishes to be in compliance with all applicable local, state, and federal laws, which effect employee benefits; and
WHEREAS, the City of Solvang wishes to adopt this amendment to the City of Solvang’s Flexible Benefit Plan (Plan) to reflect changes to Internal Revenue Code (IRC) Section 125 (i), as amended by the Revenue Procedure 2023-34; and
WHEREAS, the employer and Plan Sponsor intends this amendment as good faith compliance with requirements of this Notice; and
WHEREAS, the plan shall provide for a carryover of $640 of any amount remaining unused in a health FSA as of the end of the plan year for 2024. Such carryover amount may be used to pay or reimburse medical expenses under the health FSA incurred during the entire plan year to which it is carried over; and
WHEREAS, the plan shall provide for the annual FSA medical amount for the plan year of 2024 to be $3,200.00; and
WHEREAS, the plan shall provide for the Dependent Care Flexible Spending Account to be $5,000 per household or $2,500 if married, filing separately consistent with Internal Revenue Code Section 129; and
WHEREAS, the City Manager is hereby authorized to update the carryover amount, annual medical amount and dependent care amount to what is allowed by the Internal Revenue Code (IRC) Section 125 (i) and Internal Revenue Code Section 129, as amended from time to time; and WHEREAS, this amendment shall be effective on or after the date the City elects to adopt this Resolution and shall be effective for the 2024 plan year and beyond; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOLVANG DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of Solvang adopts as findings the recitals set forth above, and adopts Resolution 23-1239
SECTION 2. That this resolution shall be effective upon adoption.
SECTION 3. 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 11th day of December, 2023. ______________________________
Mark Infanti, Mayor
APPROVED AS TO FORM: ATTEST:
______________________________ ______________________________ Dave Fleishman, City Attorney Annamarie Porter, City Clerk 81 R 23-1239 FSA
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. 23-1239 was passed and adopted by the City Council of the City of Solvang at a regular meeting of said City Council held on the 11th day of December 2023, 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
82 ¡Acompáñenos!
Martes, 12 de diciembre
6-8 p.m.
St. Mark’s-in-the-Valley
Episcopal Church,
2901 Nojoqui Ave,
Los Olivos, CA 93441
You’re Invited!
Tuesday, December 12
6-8 p.m.
St. Mark’s-in-the-Valley
Episcopal Church,
2901 Nojoqui Ave,
Los Olivos, CA 93441
Foxen Canyon Road
Calkins Road
Valley
Sign
Foxen
Canyon
Farms
154
Alamo Pintado Avenue
Jonata Street
SR 154 and
Foxen Canyon
Road Intersection
Public Meeting
Caltrans is working to identify safety
enhancements for the intersection
of State Route (SR) 154 and Foxen
Canyon Road in Los Olivos, and we
want to hear from you! Join our public
meeting to learn about the preliminary
evaluation and share your input.
Share your comments
Use the QR code or visit tinyurl.com/
SR154FoxenCanyonRoad to take our
online survey.
Contact the
Caltrans team by
emailing info-d5@
dot.ca.gov
or calling
(805) 549-3237.
St. Mark’s-in-the-Valley Episcopal Church
Reunión pública
sobre la intersección
de la SR 154 y
Foxen Canyon Road
Caltrans busca mejoras de seguridad
para la intersección de la Ruta Estatal
(SR) 154 y Foxen Canyon Road en Los
Olivos, ¡y queremos conocer su opinión!
Participe en nuestra reunión pública
para conocer la evaluación preliminar y
compartir su opinión.
Comparta sus comentarios
Utilice el código QR o visite tinyurl.com/
SR154FoxenCanyonRoad para realizar
nuestra encuesta en internet.
Contacte al equipo de
Caltrans enviando un
correo electrónico a
[email protected]
o llamando al
(805) 549-3237.
Agenda Item 4.h
83 Foxen Canyon Road
Calkins Road
Valley
Sign
Foxen
Canyon
Farms
154
Alamo Pintado Avenue
Jonata Street
Overview
Since 2018, Caltrans has been working to implement improvements at the intersection of State Route (SR) 154 and Foxen Canyon Road in Los Olivos.
In spring 2023, community members shared additional concerns that helped Caltrans to identify that this intersection could benefit from additional safety enhancements. In November 2023, Caltrans Traffic Operations completed a preliminary evaluation to review different options for traffic control at the intersection. This work is part of a larger effort in collaboration with the Santa Barbara County Association of Governments (SBCAG) and California Highway Patrol to improve safety along the SR 154 corridor.
Purpose and potential solutions
Caltrans considered current and future traffic volumes, collision data, and other factors to identify feasible safety enhancements that would address a pattern of collisions at the intersection and support safe and efficient travel for all users now and into the future. The preliminary evaluation indicates that a traffic signal or a roundabout would be feasible alternatives at the intersection.
Now that the preliminary evaluation is complete, we will lead a more detailed analysis to identify a preferred solution, and we are looking for your input.
With further questions or comments, please contact the District 5 Public Information officer by emailing [email protected] or calling (805) 549-3237.
For information about the work the Santa Barbara County Association of Governments is leading to address safety concerns and improvements on SR 154, visit sbcag.org/sr-154-safety-committee.
SR 154/Foxen Canyon Road
Intersection Evaluation
For roundabout safety
tips, check out this
short video:
tinyurl.com/
caltransroundabouts
How to get involved
We want to hear from you!
Attend our public meeting on December 12, 2023, from 6-8 p.m. at St. Mark’s-in-the-Valley Episcopal Church,
2901 Nojoqui Ave, Los Olivos, 93441 to
share your comments.
Can’t attend?
Take our survey before January 19, 2024:
tinyurl.com/SR154FoxenCanyonRoad
84 Foxen Canyon Road
Calkins Road
Valley
Sign
Foxen
Canyon
Farms
154
Alamo Pintado Avenue
Jonata Street
Visión general
Desde 2018, Caltrans ha estado implementando mejoras en la intersección de la Ruta Estatal (SR) 154 y Foxen Canyon Road en Los Olivos. En la primavera de 2023, los miembros de la comunidad compartieron preocupaciones adicionales que ayudaron a Caltrans a determinar que esta intersección podría beneficiarse de mejoras de seguridad adicionales. En noviembre de 2023, el Departamento de Operaciones de Tráfico de Caltrans completó una evaluación preliminar para revisar diferentes opciones para el control del tráfico en la intersección. Este trabajo forma parte de un esfuerzo mayor en colaboración con la Asociación de Gobiernos del Condado de Santa Bárbara (SBCAG, por sus siglas en inglés) y la Policía de Carreteras de California para mejorar la seguridad a lo largo del corredor de la SR 154.
Objetivo y posibles soluciones
Caltrans tuvo en cuenta el volumen de tráfico actual y futuro, datos de colisiones y otros factores para identificar qué mejoras en seguridad serían viables y podrían resolver un patrón de colisiones en la intersección y fomentar la circulación segura y eficiente de todos los usuarios ahora y en el futuro. La evaluación preliminar indica que un semáforo o una rotonda serían alternativas viables en la intersección. Una vez concluida la evaluación preliminar, llevaremos a cabo un análisis más detallado para determinar la solución preferible y buscamos su opinión.
Si tiene más preguntas o comentarios, contacte al Oficial de Información Pública del Distrito 5 enviando un correo electrónico a [email protected] llamando al (805) 549-3237.
Para obtener información sobre el trabajo que la Asociación de Gobiernos del Condado de Santa Bárbara está liderando para abordar los problemas de seguridad y mejoras en la SR 154, visite sbcag.org/sr-154-safety-committee.
Evaluación de la intersección entre
la SR 154 y Foxen Canyon Road
Para consejos de
seguridad en las
rotondas, vea este
breve vídeo:
tinyurl.com/
caltransroundabouts
Cómo participar
¡Queremos conocer su opinión!
Participe en nuestra reunión pública el 12 de diciembre de 2023, de 6 a 8 p.m. en St. Mark’s-in-the-Valley
Episcopal Church, 2901 Nojoqui Ave, Los
Olivos, 93441 para compartir sus comentarios.
¿No puede asistir?
Realice nuestra encuesta
antes del 19 de enero de 2024
tinyurl.com/SR154FoxenCanyonRoad
85 CITY COUNCIL STAFF REPORT
AGENDA ITEM 4.i
Meeting Date: December 11, 2023
SUBJECT: Adopt on Second Reading by title only Ordinance No. 23-0372 adding section 11-13-20 and making other conforming amendments to Chapter 13 (Sign Regulations) of Title 11 (Zoning Regulations) of the Solvang Municipal Code to establish objective content-neutral standards for flags in the City and make a finding that the Ordinance is exempt from California Environmental Quality Act (CEQA) requirements per Section 15061 of the CEQA Guidelines
PREPARED BY: Chelsea O’Sullivan, Assistant City Attorney Taylor Foland, Richards Watson & Gershon
DISCUSSION:
Staff recommends the City Council adopt Ordinance No. 23-0372 amending Title 11 to establish objective content-neutral standards for flags in the city and make a determination of exemption pursuant to the Section 15061(b)(3) of the guidelines for implementation of the California Environmental Quality Act (CEQA).
At its November 6 meeting, the Planning Commission adopted Resolution No. 23-12 recommending City Council adopt the Draft Ordinance with one recommended change regarding flagpoles. At its November 27 meeting, the City Council introduced the Draft Ordinance, which reflected the Planning Commission’s recommendation, for first reading.
The attached Draft Ordinance is returning to Council for second reading and adoption.
ALTERNATIVES:
The Council could decline to adopt the Ordinance and give staff alternative direction.
FISCAL IMPACT:
Adoption of Ordinance No. 23-0372 will not directly have any fiscal impact. Adoption of an Ordinance by City Council 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. Draft Ordinance No. 23-0372
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ORDINANCE NO. 23-0372
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOLVANG, CALIFORNIA ADDING SECTION 11-13-20 AND MAKING OTHER CONFORMING AMENDMENTS TO CHAPTER 13 (SIGN REGULATIONS) OF TITLE 11 (ZONING REGULATIONS) OF THE SOLVANG MUNICIPAL CODE
TO ESTABLISH OBJECTIVE CONTENT-NEUTRAL STANDARDS FOR FLAGS IN THE CITY AND
MAKING A DETERMINATION OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT
WHEREAS, the city has an a national and international reputation as a unique and distinctive Danish/Northern European village in California with a small town character that draws visitors to the area; and
WHEREAS, appropriate display of flags within the City maintains the City’s unique community identity; and
WHEREAS, the City currently regulates flags as signs under Chapter 13 “Sign Regulations” of Title 11 “Zoning Regulations”; and
WHEREAS, the City’s current sign regulations generally require signs, including flags, to obtain a sign permit prior to installation, subject to certain exemptions. Among the exempted signs are certain types of flags which are permitted in the City without a permit, including, but not limited to, official flags of a government, governmental agency, institution, religion, or other similar entity, as well as up to two flag poles not exceeding forty (40) feet in height and not attached to a building; and WHEREAS, the United States Constitution guarantees certain rights, including the right to free speech, which includes the right to display flags with varying messages; and WHEREAS, the Supreme Court has held that content-based regulation of non-commercial speech must serve a compelling government interest and be narrowly tailored to achieve that interest but that content-neutral regulations are not required to meet such a high standard; and WHEREAS, the design review committee is tasked with developing aesthetic standards and requirements for properties in the tourist related district and for making decisions on sign application in the City; and
WHEREAS, the design review committee reviewed the current sign regulations as they apply to flags in the City and proposed certain amendments to establish objective content-neutral flag regulations that maintain the City’s unique community identity; and WHEREAS, on November 6, 2023, the Planning Commission determined that the proposed amendments are consistent with the general plan, the requirements of state planning and zoning laws and other provisions of Title 11 of the Solvang Municipal Code; are in the interests of the general community welfare; are consistent with good zoning and planning practices; and exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3); and WHEREAS, on November 6, 2023 the Planning Commission at a duly noticed public hearing adopted Resolution 23-12 recommending the City Council adopt an ordinance amending Chapter 13, Title 11 of the Solvang Municipal Code to establish objective standards for flags in the City and make a determination of exemption under CEQA; and
WHEREAS, the City Council determines that the proposed amendments are consistent with the general plan, the requirements of state planning and zoning laws and other provisions of Title 11 of the Solvang Municipal Code; and
WHEREAS, the City Council determines that the proposed amendments are in the interests of 87 O 23-0372 Flags
the general community welfare; and
WHEREAS, the City Council determines that the proposed amendments are consistent with good zoning and planning practices; and
WHEREAS, the City Council determines that it can be seen with certainty that there is no possibility the proposed amendments will have a significant effect on the environment and is therefore not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3); and
WHEREAS, the City Council finds it necessary to amend the Solvang Municipal Code to establish objective content-neutral standards for flags in the City.
NOW, THEREFORE, the people of the chartered City of Solvang do ordain as follows:
SECTION 1.
Section 11-13-4 “Exempt signs, flags and devices” shall be amended to read as follows:
11-13-4 Exempt signs and devices.
The following signs and devices are exempt from the provisions of this chapter. The following signs may be installed without a sign permit provided they meet the requirements listed below:
A. Civic Event Signs. Any civic event sign. Signs may be erected not more than thirty (30) days prior to the event and shall be removed within twenty-four (24) hours after the time of the event and shall not exceed twenty-four (24) square feet in size. Only one (1) such sign shall be erected per lot.
B. Construction Signs. One (1) temporary construction sign, provided the sign does not exceed six (6) square feet in a One-Family Residence District or twenty-four (24) square feet in all other districts, is used only to indicate the name of the construction project and the names and locations of the contractors, architects, engineers, landscape designers, project or leasing agents and the financing company, is displayed during construction only, and does not exceed six (6) feet in height at the edge of the public right-of-way when freestanding.
C. Governmental Signs. Signs required to be maintained or posted by law or governmental order, rule or regulation. Signs specifically required by federal, state or city law, of the minimum size required.
D. Hazard Warning Signs. Any temporary sign warning of construction excavation or similar hazards as long as the hazard exists.
E. Noncommercial Signs. A noncommercial sign, not exceeding six (6) square feet total for each lot in residential districts and twenty-four (24) square feet total for each lot in nonresidential districts. Such a sign shall be erected only with the permission of the property owner or tenant. In each instance and under the same conditions to which this chapter permits any sign, a sign containing an ideological, political or other noncommercial message and constructed to the same physical dimensions and character shall be permitted.
F. No Trespassing Signs. Any “no trespassing” sign, prohibiting or restricting access to property, provided it is not more than one (1) square foot in size, is placed at each corner and each entrance to the property and at intervals of not less than fifty (50) feet or in compliance with requirements of law.
G. Official Signs. Official federal, state and local sign and notice issued by any court, person or officer in performance of a public duty.
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H. Open House Signs. Any temporary “open house” sign. Only one (1) sign is allowed on each street frontage of the property. Such a sign may be single or double faced and is limited to three (3) square feet or less. Its supporting structure shall not exceed four (4) feet in height. A maximum of three (3) offsite signs shall be allowed. Such signs shall be erected and removed on the day of the open house, and shall not be fastened or attached in any way to any building façade or architectural element.
I. Parking Lot/Directional Sign. Any parking lot and other traffic directional sign not to exceed two (2) square feet in area limited to guidance of pedestrian or vehicular traffic within the premises upon which they are located. There shall be erected no more than three (3) such signs in each parking lot or more than one (1) per entrance.
J. Product/Operating Information Signs. Any gasoline pump, telephone booth, and newsrack sign, provided any sign on such a device identifies only the product contained therein, or displays operating instructions, and the lettering does not exceed two (2) inches in height.
K. Real Estate Signs. A sign on a building or in the ground which indicates that the property is for sale, rent or lease. Only one (1) such sign is allowed on each street frontage of the property. Such a sign may be single or double faced and is limited to six (6) square feet or less, including any portions of the sign that hang off the bottom (e.g., price reduced, do not disturb occupant, in escrow, etc.) on property in all zone districts and shall not exceed six (6) feet in height as measured from the edge of the public right-of-way when freestanding. If affixed to the building, such signs shall be secured using semipermanent fasteners such as screws or nails. Use of tape or string, or draping on the outside of the building is not permitted.
L. Residential Identification Signs. One (1) identification sign of not more than one (1) square foot for a residence.
M. Street Identification Signs. Any street name and/or address stamped or painted on a curb.
N. Temporary Festival Decorations. Any temporary festival decoration or display, except one (1) requiring a building, electrical or other permit (see definition of “temporary festival decoration”).
O. Temporary Signs.
1. One (1) temporary sign placed in a window advertising or announcing a civic event or function, a community service or an activity of a charitable or nonprofit organization. Such sign shall not exceed six (6) square feet.
2. One (1) temporary fundraising event sign placed in a window or a planter, not to exceed six (6) square feet.
P. Traffic Safety Signs. Traffic control and directional signs or devices erected by local, county or state government.
Q. Utility Signs. Signs erected by a public utility or common carrier to warn of dangers, such as the location of underground facilities.
R. Window Signs. Signs within eighteen (18) inches of the window and not affixed to the window, which do not exceed one (1) square foot.
SECTION 2.
Subsection 11-13-5.A.4 of Section 11-13-5 “Prohibited Signs”, Chapter 13 “Sign Regulations”, Title 11 “Zoning Regulations” shall be amended to read as follows:
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4. Any temporary sign outside of a building or attached to the exterior of a building, including banners, placards, streamers, balloons or similar devices, except as provided in section 11-13-4 of this chapter.
SECTION 3.
Definitions of “feather flag sign,” “flag,” and “sign” in Section 11-13-19 “Definitions”, Chapter 13 “Sign Regulations”, Title 11 “Zoning Regulations” are hereby amended as follows with all other definitions in Section 11-13-19 remaining unchanged:
FEATHER FLAG. Portable, vertical commercial flags typically made of lightweight cloth and attached to tall flexible poles. Also known as bow feather flags, feather banners, flutter flags, or teardrop flags.
FLAG. A piece of fabric of distinctive design that has characters, letters, illustrations or ornamentation, including logos, applied to cloth, paper, fabric, or other lightweight material, with only such material for backing and is usually, though not required to be, displayed hanging from a pole, staff or halyard to which it is attached by one (1) edge or by certain points along one (1) edge and suspended so as to be actuated by wind currents. Flags include pennants and feather flags.
SIGN. Any device, except flags, and all parts thereof, including all supporting structures, and any applied or projected image, which is used: (1) to advertise businesses, products, goods, services, or otherwise promote the sale of objects or identify objects for sale; (2) to identify, to direct or to inform persons concerning businesses, areas, entities, services or dangers; or (3) to attract attention to the premises or other signs of a particular business or entity, including, but not limited to, flares, flashing lights, color changes, bunting, or other moving objects.
SECTION 4.
A new Section 11-13-20 “Flag regulations” is hereby added to Chapter 13 “Sign Regulations”, Title 11 “Zoning Regulations” to read as follows:
11-13-20 Flag regulations.
A. Purpose. Without adequate regulation, flags may endanger the public, distract drivers, create confusion, and foster a negative image of the City on the part of the public. An excessive number of flags can damage view corridors, diminish property values, and detrimentally effect the quality of life of City residents and visitors. The city also relies on the old-world Danish design theme to attract tourism and commerce. These regulations are intended to provide flag standards that advance the City’s interests in traffic safety, community aesthetics, and economic development.
B. Applicability.
1. This section includes the standards applicable for all flags in the City;
2. Sections 11-13-1 through 11-13-15, and 11-13-18 of the Solvang Municipal Code shall not apply to flags, as that term is defined in section 11-13-19;
3. This section shall apply to all property and land within the jurisdiction of the City of Solvang.
C. Permit Required. Except for flags stated in paragraph D of this Section, it is unlawful for any person, firm, or corporation to construct, erect, install, affix, alter, modify, relocate, display or allow a flag to exist on any property or land within the jurisdiction of the City of Solvang, without obtaining a permit for such flag in conformance with this section. 90 O 23-0372 Flags
D. Exemption. Flags meeting the following requirements are exempt from this chapter and do not require a flag permit:
1. Flags that meet the requirements of this chapter in Residential zones;
2. Flags approved as part of a special event;
3. Temporary flags approved as part of civic events for the duration of the civic event.
E. Prohibited Flags.
1. All pennant and feather flags.
2. Any flag with a structural shape that has an interior volume when articulated by the wind, including a device commonly known as a windsock and all similar such structural flags.
F. Application Requirements. Any person, firm or corporation desiring to construct, erect, install, affix, alter, modify, relocate, display, or allow to exist, a flag, other than flags exempt under Section 11-13-20.D, shall submit a flag permit application, supporting information, and submittal fee to the planning division.
1. The application form and list of required supporting information shall be provided by the planning division.
2. The application fee shall be set by resolution of the city council.
3. If an exception pursuant to Section 11-13-20.K to the flag standards is requested, the application shall include the reasons the exception is requested and, if a tenant of a property is the applicant, include a signed statement of consent to the exception by the owner of the property.
G. Application Processing.
1. The planning division staff shall review the flag permit application supporting information and determine completeness. Applications for flags may be submitted as part of an application for signs.
2. No flag application will be accepted if any of the following provisions apply:
i. The flag 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 flags will be brought into conformance regardless of the consequences of the submitted application.
ii. The flag 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.
H. Planning Manager Review. The planning manager shall take action to approve, conditionally approve or deny all applications for a flag permit. Notwithstanding the foregoing, the planning manager shall refer any flag application requesting an exception pursuant to Section 11-13-20.K to the design review committee. In lieu of denial of an application, the planning manager, in their discretion, may refer a sign application to the design review committee.
I. Design Review Committee Review.
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1. The Design Review Committee shall review and take action to approve, conditionally approve or deny all flag permit applications requesting an exception pursuant to Section 11-13-20.K.
2. The design review committee shall consider flag permit applications requesting an exception to the flag standards at a public meeting and provide notice of the time and place of the meeting to the applicant and the owner of the property, if not the applicant.
J. Standards for Flags and Required Findings. The planning manager shall approve a flag application if the planning manager finds the requested flags meet the following standards:
1. Number of Flags. When mounted with separate brackets affixed to a building, or directly affixed to a building with some other mounting device acceptable to the planning manager, no more than two flags of any mounting method shall be allowed per building.
No more than two (2) in-ground flag poles may be erected per lot.
2. Maximum Size of Flags. The flag, or two flags collectively, permitted per building shall not exceed 40 square feet in size or the maximum square footage in size the planning manager determines is proportional to the size of the in-ground pole, building mounted bracket, or other mounting device proposed by the applicant such that the flag(s) will be safely affixed, whichever is smaller.
3. Mounting. Subject to the limitations in paragraph 1., flags may be mounted on in-ground flag poles, separate brackets affixed to a building, or directly affixed to a building with some other mounting device acceptable to the planning manager.
4. Maximum Height.
i. In-ground flag poles shall not exceed 39 feet from the natural grade. ii. Brackets affixed to a building shall not protrude more than 4 feet laterally from building and shall be affixed to the building at a height such that no portion of the flag or mounting device shall extend higher than the roofline of the building. iii. Flags affixed to a building with some other mounting device acceptable to the planning manager shall be affixed at a height such that no portion of the flag or the mounting device extends higher than the building roofline.
5. Avoidance of Obstruction.
i. No portion of any flag shall block windows, doors or touch the ground. ii. Flags shall not obscure the view of existing permitted signs or flags. iii. Flags shall be mounted on buildings, either directly or on brackets, so as to provide a minimum of 7 feet of clearance between the bottom of the flag and any walkway or passageway.
6. Included in Maximum Sign Square Footage. Flags shall be included in and count toward the maximum square footage of signs allowed in Sections 11-13-8 and 11-13-9.
7. Lettering. Any lettering shall not exceed eight (8) inches height.
8. Illumination. Flags may be illuminated in compliance with Section 11-12-18 of the Code.
K. Exceptions to Flag Standards. Flags that do not meet the standards of this section may be permitted if the design review committee makes both of the following findings:
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1. The specific standard(s) of this section for which an exception is requested, cannot be met due to exceptional or unusual circumstances applying to the property involved which do not apply generally to properties in the vicinity with the same zoning, such as, but not limited to the presence of a legal, nonconforming use; visual obstructions; unusual building location or setback; or unusual building design, architectural style, or historic significance and all other applicable standards of this section are met.
2. The exception is content-neutral, based on objective criteria, consistent with the intent and purpose of the flag regulations and will not constitute a special privilege or entitlement inconsistent with the limitations applied to other properties in the vicinity with the same zoning.
L. Appeals. Appeals shall be in writing and filed with the planning division within ten (10) calendar days of the decision being appealed. The applicant or any interested person may appeal decisions concerning flag applications as follows:
1. Appeals to the Design Review Committee. A decision by the planning manager on a flag application may be appealed to the design review committee. A hearing shall be held by the design review committee within thirty (30) days of the date the appeal was filed.
2. Appeals to the City Council. Any decision on a flag application, whether an initial decision or on appeal from the planning manager, may be appealed 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.
M. Expiration. An approved flag application associated with a land use application shall expire after six (6) months from the date of approval if no land use approval has been issued. The planning manager may grant a six (6) month extension if the applicant is in substantial compliance with the approved application.
N. Noncurrent, abandoned or unsafe flags. Section 11-13-16 shall apply to all noncurrent, abandoned or unsafe flags.
O. Enforcement and penalties. Section 11-13-17 shall apply to all flags in the city. Any person, firm or corporation with existing flags erected, installed, affixed, displayed or otherwise existing on property shall come into compliance with this Section 90 days from the effective date of the ordinance.
SECTION 5.
This Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines (Title 14, Division 6, Chapter 3 of the California Code of Regulations), and the City’s environmental procedures. The City has determined that this Ordinance is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) (general rule), 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 6.
If any section, subsection, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction or preempted by State or Federal legislation, such decision or legislation shall not affect the validity of the remaining provisions of this ordinance.
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SECTION 7.
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 December 2023. __________________________________
Mark Infanti, Mayor
APPROVED AS TO FORM: ATTEST:
__________________________________ __________________________________ Dave Fleishman, City Attorney Annamarie Porter, City Clerk 94 O 23-0372 Flags
STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA )
CITY OF SOLVANG )
I, Annamarie Porter, City Clerk of the City of Solvang, California do hereby certify that the foregoing Ordinance No. 23-0372 was duly introduced at a regular meeting of the City Council held on the 27th day of November, 2023, and was duly adopted at a regular meeting of said City Council held on the 11th day of December, 2023, 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
95 CITY COUNCIL STAFF REPORT
AGENDA ITEM 4.j
Meeting Date: December 11, 2023
SUBJECT: Adopt on second reading by title only Ordinance 23-0373 Amending Various Sections in Titles 1, 3, 4, 5, 6, 8, 9, 11, and 12 of the Solvang Municipal Code to Address References to Fees and Fines and General Penalty and Administrative Citation Provisions
PREPARED BY: Chelsea O’Sullivan, Assistant City Attorney Brandi Robinson, Richards Watson & Gershon
DISCUSSION:
Staff recommends the City Council adopt Ordinance No. 23-0373. If adopted, Ordinance 23-0373, would amend various sections in Titles 1, 3, 4, 5, 6, 8, 9, 11, and 12 of the Solvang Municipal Code to (1) remove specific amounts of fees and fines and instead state that fines and fees are in amounts set by resolution of city council; (2) change the general penalty provisions that state specific maximum penalties to instead state that penalties must be set by resolution of city council and may not exceed limits set forth in applicable sections of state law; (3) clarify that administrative remedies are available in addition to criminal penalties for violations of the Code; and (4) amend certain references to “civil” penalties to refer more accurately to “administrative” penalties.
At its November 6 meeting, the Planning Commission adopted Resolution No. 23-13 Recommending City Council Adopt Amendments to Title 11 to Update and Clarify Enforcement and Penalty Provisions in Ordinance No. 23-0373 to Address References to Fees and Fines and General Penalty and Administrative Citation Provisions.
At its November 27 meeting, the City Council introduced Ordinance No. 23-0373 for a first reading.
The attached Draft Ordinance is returning to Council for second reading and adoption.
ALTERNATIVES:
The Council could decline to adopt the Ordinance and give staff alternative direction.
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. Draft Ordinance No. 23-0373
96 23-0367 Sections in muni code titles 1, 3, 4, 5, 6, 8, 9, 11, and 12 Administrative Citations ORDINANCE NO. 23-0373
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOLVANG, CALIFORNIA AMENDING VARIOUS SECTIONS IN TITLES 1, 3, 4, 5, 6, 8, 9, 11, AND 12 OF THE SOLVANG MUNICIPAL
CODE TO ADDRESS REFERENCES TO FEES AND FINES AND GENERAL PENALTY AND
ADMINISTRATIVE CITATION PROVISIONS
WHEREAS, the Solvang Municipal Code (“Code”) currently provides for fees and fines in specific amounts throughout the Code and establishes a specific maximum amount of fines for general penalties in Title 1;
WHEREAS, the City wishes to amend the Code to provide that fines and fees throughout the Code and the maximum amounts of criminal penalties set forth in Title 1 are established by resolution of City Council to enable the City to update these amounts through resolution instead of the more complicated process of amending an ordinance;
WHEREAS, Title 6 provides that administrative penalties are to be set by resolution of the City Council without clearly referencing applicable limits to such penalties in state law and provides for civil penalties for violations of that Title;
WHEREAS, the City wishes to amend Title 6 to clarify that administrative citations set forth by resolution may not exceed the limits set forth in state law and to provide for more accurately termed “administrative remedies” instead of “civil penalties” for violations; WHEREAS, the City wishes to amend Title 11 to update and clarify its enforcement and penalty provisions to reflect the availability of administrative penalties in addition to criminal penalties for violations of that Title;
WHEREAS, on November 6, 2023 the Planning Commission determined that the proposed amendments to Title 11 are consistent with the general plan, the requirements of state planning and zoning laws and other provisions of Title 11 of the Solvang Municipal Code; are in the interests of the general community welfare; are consistent with good zoning and planning practices; and exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3); WHEREAS, on November 6, 2023 the Planning Commission at a duly noticed public hearing adopted Resolution 23-13 recommending the City Council adopt the proposed amendments to Title 11 to update and clarify enforcement and penalty provisions and make a determination of exemption under CEQA; and make a determination of exemption under CEQA; and WHEREAS, the City Council finds it necessary to amend the Code to update and clarify fees and fines, general penalty and administrative citation provisions, and references to penalties.
NOW, THEREFORE, the people of the chartered City of Solvang do ordain as follows:
SECTION 1. Section 1-3-1 “Violation or noncompliance---General Penalty”, Chapter 3 “General Penalty”, Title 1 “Administration” is hereby amended to read as follows:
It is unlawful for any person to violate any provision of, or to fail to comply with, any requirements of this code. Any person violating the provisions or failing to comply with any of the mandatory requirements of this code shall be guilty of an infraction or misdemeanor.
All violations may be prosecuted by city authorities in the name of the people of the state, or redressed by civil action. Where such violations are specified by this code to be a misdemeanor the city attorney may nevertheless elect to have the violation prosecuted as an infraction. 97 23-0367 Sections in muni code titles 1, 3, 4, 5, 6, 8, 9, 11, and 12 Administrative Citations The remedies or penalties provided by this title are cumulative to each other and to the remedies or penalties available under all other laws of this state including administrative remedies available pursuant to title 6, chapter 5, article A of this code.
SECTION 2. Subsection B of Section 1-3-2 “Infractions”, Chapter 3 “General Penalty”, Title 1 “Administration” is hereby amended to read as follows:
B. Penalty. For those provisions of this code which are infractions, it is unlawful for any person to violate any mandatory provisions of or fail to comply with such provision. Any persons violating such sections shall be prosecuted as an infraction. Any infraction may be prosecuted by the city authorities in the name of the people of the state. Any person convicted of an infraction under this code shall be subject to payment of a fine set forth in the schedule of fines established by resolution of city council, not to exceed the limits set forth in California Government Code section 36900.
SECTION 3. Subsection B of Section 1-3-3 “Misdemeanors”, Chapter 3 “General Penalty”, Title 1 “Administration” is hereby amended to read as follows:
B. Penalty. Any person convicted of a misdemeanor under the provisions of this code shall be punished by a fine set forth in the schedule of fines established by resolution of city council or by imprisonment in the County Jail, or both, not to exceed the limits set forth in California Government Code Section 36901.
SECTION 4. Section 3-2-6 “Records maintained”, Chapter 2 “Transient Occupancy Tax”, Title 3 “Municipal Taxes” is hereby amended to read as follows:
It shall be the duty of every operator liable for the collection and payment to the city of any tax imposed by this chapter to keep and preserve, for a period of four (4) years, all records as may be necessary to determine the amount of such tax as he or she may have been liable for the collection of any payment to the city, which records the finance department shall have the right to inspect at all reasonable times.
All records which may be necessary to inspect shall be kept within the city or shall be produced within ten (10) working days of written notice at the business location within the city.
In the event that records are not produced upon request, or such records are not reasonably able to be audited; tax, interest and penalties will be levied based upon the average room rate and occupancies for similar properties within the city during the audit period. Further and without limitation, any operator who does not produce records following written notice as set forth shall pay a daily penalty, in addition to any tax, penalty or interest, in an amount established by resolution of city council, not to exceed the amounts authorized in section 6-5A-4 of this code (incorporating by reference Government Code Section 53069.4 and Section 36900), for each business day the records are not produced for audit.
SECTION 5. Subsection A of Section 4-3-3 “License required”, Chapter 3 “Handgun Sales”, Title 4 “Business Regulations” is hereby amended to read as follows:
A. Application for License—Fee. An application for a license required by this chapter shall be made on a form obtainable from the city manager and prescribed by the attorney general of the state. An application must be accompanied by an application fee in an amount established by resolution of city council. This fee is not refundable in the event a license required by this chapter is denied. The license application as well as the application fee shall be submitted to the city manager.
SECTION 6. Subsection B of Section 4-3-3 “License required”, Chapter 3 “Handgun Sales”, Title 4 “Business Regulations” is hereby amended to read as follows:
98 23-0367 Sections in muni code titles 1, 3, 4, 5, 6, 8, 9, 11, and 12 Administrative Citations B. Term and Renewal; Fee. Any license granted pursuant to this chapter shall have a term of one (1) year. A license may be renewed annually upon submission of an application, and an application fee in an amount established by resolution of city council, at least thirty (30) days prior to the date the license is to expire.
SECTION 7. Subsection C of Section 4-7-4 “Permit required”, Chapter 7 “Pedicycle Rentals”, Title 4 “Business Regulations” is hereby amended to read as follows:
C. Permit Fee. The permit fee for this chapter shall be established by resolution of city council and shall be sufficient to defray the full cost of processing permit applications, issuing permits and enforcing the terms of this chapter. The fee imposed by this chapter is in addition to any other fees or taxes imposed by this code or by any other law.
SECTION 8. Subsection F of Section 4-7-4 “Permit required”, Chapter 7 “Pedicycle Rentals”, Title 4 “Business Regulations” is hereby amended to read as follows:
F. Revocation. The city manager shall revoke a pedicycle rental permit if the permit holder has failed to maintain the insurance policy required in subsection (B)(2)(b) of this section, and the revocation shall take effect immediately. A permit revoked by the city manager shall be reinstated for its remaining term upon the permittee’s submission to the city manager of a copy of an insurance policy or certificate of insurance complying with the requirements of subsection (B)(2)(b) of this section and the payment of a permit reinstatement fee in an amount established by resolution of city council.
SECTION 9. Section 4-9-9 “Fee”, Chapter 9 “Business Certificates”, Title 4 “Business Regulations” is hereby amended to read as follows:
Each application for a certificate shall be accompanied by a fee in an amount established by resolution of city council.
SECTION 10. Section 4-9-16 “Penalties for failure to apply for a certificate or for not having a current certificate”, Chapter 9 “Business Certificates”, Title 4 “Business Regulations” is hereby amended to read as follows:
Any person who fails to apply for and receive a certificate prior to the start of business, or has not applied for the renewal of an existing certificate prior to expiration of the certificate shall be assessed a penalty fee in an amount to be established by resolution of city council.
SECTION 11. Section 4-9-17 “Penalty for violation”, Chapter 9 “Business Certificates”, Title 4 “Business Regulations” is hereby amended to read as follows:
If a person fails to file for a certificate as herein provided within sixty (60) calendar days after being informed to do so, or fails to pay the fee noted in section 4-9-9 of this chapter, or violates any of the other provisions of this chapter, or knowingly or intentionally misrepresents any material facts to any officer or employee of the city in procuring the certificate herein provided, or continues to operate a business after the business registration certificate has been revoked, the person shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punishable pursuant to section 1-3-3 of this code.
SECTION 12. Subsection B of Section 4-11-10 “Customer service and protection”, Chapter 11 “Video Service Providers”, Title 4 “Business Regulations” is hereby amended to read as follows:
99 23-0367 Sections in muni code titles 1, 3, 4, 5, 6, 8, 9, 11, and 12 Administrative Citations B. The cable coordinator shall monitor the compliance of state franchisees with respect to the state and federal customer service and consumer protection standards set forth in subsection A of this section. The cable coordinator will provide a state franchisee with written notice of any material breaches of applicable customer service or consumer protection standards, and will allow the state franchisee thirty (30) days from the receipt of the notice to remedy the specified material breach.
Material breaches not remedied within the thirty (30) day time period will be subject to fines established by resolution of city council, not to exceed the limits set forth in California Government Code Section 53088.2, subsection (r) and Penal Code Section 637.5.
SECTION 13. Paragraph 4 of Subsection B of Section 5-2-15 “Enforcement”, Chapter 2 “Trash and Disposal Maintenance”, Title 5 “Public Health and Safety” is hereby amended to read as follows:
4. Absent compliance by the respondent within the deadline set forth in the notice of violation, city shall commence an action to impose penalties, via an administrative citation and fine, pursuant to Title 6, Chapter 5, Article A of this code.
SECTION 14. Subsection C of Section 5-2-15 “Enforcement”, Chapter 2 “Trash and Disposal Maintenance”, Title 5 “Public Health and Safety” is hereby amended to read as follows:
C. Penalty Amounts for Types of Violations. The penalty levels for notice of violations issued pursuant to this chapter shall be set by resolution of city council, not to exceed the limits set forth in Government Code Section 53069.4 and 36900 and consistent with the base penalty amounts specified in Title 14 California Code of Regulations Section 18997.2(a).
SECTION 15. Subsection A of Section 5-4-14 “Penalties”, Chapter 4 “Cannabis Regulations”, Title 5 “Public Health and Safety” is hereby amended to read as follows:
A. Failure to comply with this chapter is a misdemeanor punishable in accordance with section 1-3-3 of this code, provided that where the city attorney determines that such action would be in the interest of justice, he or she may specify in the accusatory pleading that the offense is an infraction.
SECTION 16. Subsection B C of Section 5-4-3-30 “Violations”, Chapter 4 “Cannabis Regulations”, Title 5 “Public Health and Safety” is hereby amended to read as follows:
B. Any violation of any of the provisions of this chapter shall constitute a misdemeanor violation and upon conviction thereof any violation shall be punishable pursuant to section 1-3-3 of this code.
SECTION 17. Subsection C of Section 5-4-3-30 “Violations”, Chapter 4 “Cannabis Regulations”, Title 5 “Public Health and Safety” is hereby amended to read as follows:
C. In lieu of issuing a misdemeanor citation, the city may issue an administrative citation, and/or assess an administrative fine pursuant to title 6, chapter 5, article A of this code , in an amount not to exceed the amounts authorized by section 6-5A-4, for each violation of this chapter.
SECTION 18. Section 6-1-4 “Penalty”, Chapter 1 “Animal Control”, Title 6 “Police Regulations” is hereby amended to read as follows:
Any person who violates the provisions of this chapter is guilty of an infraction, which shall be punishable by a fine established in an amount pursuant to section 1-3-2 of this code. Further, when complaints are received, the animal control officers of the county shall have the duty to investigate and enforce the provisions of this chapter. The provisions of this chapter may also be enforced by any peace officer having the jurisdictional authority to do so. 100
23-0367 Sections in muni code titles 1, 3, 4, 5, 6, 8, 9, 11, and 12 Administrative Citations SECTION 19. Subsection B of Section 6-2-7 “Noise”, Chapter 2 “General Offenses”, Title 6 “Police Regulations” is hereby amended to read as follows:
B. Any person, partnership, firm, or corporation whether as principal, agent, employee or otherwise who shall violate any provision of this section is guilty of an infraction, and upon conviction thereof, shall be punishable by a fine established in an amount pursuant to section 1-3-2 of this code.
SECTION 20. Subsection G of Section 6-2-8 “Business adjacent to residential areas---Hours of operation”, Chapter 2 “General Offenses”, Title 6 “Police Regulations” is hereby amended to read as follows:
G. Any person, partnership, firm, or corporation whether as principal, agent, employee or otherwise who shall violate any provision of this section is guilty of an infraction, and upon conviction thereof, shall be punishable by a fine established in an amount pursuant to section 1-3-2 of this code.
SECTION 21. Section 6-3-6 “Violations---Penalty”, Chapter 3 “Curfew”, Title 6 “Police Regulations” is hereby amended to read as follows:
A. Minors. Any minor violating section 6-3-3 of this chapter is guilty of an infraction punishable in accordance with section 1-3-2 of this code. Notwithstanding any other provision of this code, when a minor is charged with a violation of this chapter, and a peace officer issues a notice to appear, the charge shall be deemed an infraction unless another disposition is elected under Welfare and Institutions Code section 601 or 602 or any other applicable state laws.
B. Parents. Any parent or guardian violating section 6-3-4 of this chapter is guilty of an infraction punishable in accordance with section 1-3-2 of this code.
SECTION 22. Subsection C of Section 6-4-7 “Violations and penalties”, Chapter 4 “Tobacco Control”, Title 6 “Police Regulations” is hereby amended to read as follows:
C. Any person who violates any provision of this chapter shall be guilty of an infraction, punishable by a fine established in an amount pursuant to section 1-3-2 of this code.
SECTION 23. Subsection A of Section 6-5A-4 “Amount of Fines”, Article A “Administrative Citations”, Chapter 5 “Administrative Remedies Process”, Title 6 “Police Regulations” is hereby amended to read as follows:
A. The amounts of the fines for code violations imposed pursuant to this chapter shall be set forth in the schedule of fines established by resolution of the city council and shall not exceed the amounts authorized by Gov. Code Section 53069.4.
SECTION 24. Section 6-6-4 “Violation and penalty”, Chapter 6 “Social Host Liability”, Title 6 “Police Regulations” is hereby amended to read as follows:
A. Violation. Any person(s) who knowingly permits, allows, or hosts a party, gathering, or event at their place of residence (or other private property under that person’s control) where alcoholic beverages are in the possession of, or are being consumed by, any minor on such premises, or fails to take reasonable corrective actions upon learning of the possession or consumption of alcoholic beverages by any minor on such premises shall be in violation of this Chapter.
B. Administrative Penalty. Any person in violation of this chapter shall be liable and responsible for, and shall pay to the city, administrative penalties specified by resolution of City Council, set by 101
23-0367 Sections in muni code titles 1, 3, 4, 5, 6, 8, 9, 11, and 12 Administrative Citations resolution of city council, not to exceed the limits set forth in Government Code Section 53069.4 and 36900.
SECTION 25. Subsection A of Section 6-6-5 “Administrative appeal”, Chapter 6 “Social Host Liability”, Title 6 “Police Regulations” is hereby amended to read as follows:
A. Any person who violates subsection 6-6-4(A) of this chapter shall be subject to the administrative penalties provided for in subsection 6-6-4(B) of this chapter and shall also be subject to the administrative appeal procedures set forth below.
SECTION 26. Subsection B of Section 6-6-5 “Administrative appeal”, Chapter 6 “Social Host Liability”, Title 6 “Police Regulations” is hereby amended to read as follows:
B. Any person upon whom an administrative penalty is imposed pursuant to subsection 6-6-4(B) of this chapter may appeal such administrative penalty pursuant to the procedures set forth in this section.
The appellant must file a written appeal with the city within ten (10) working days of service of the violation notice or any other date of mailing of a notice of determination of the administrative penalty.
The written appeal shall contain:
1. A brief statement setting forth the interest the appealing party has in the matter relating to the imposition of the administrative penalty;
2. A brief statement of the material facts which the appellant claims supports his or her contention that no administrative penalty should be imposed or that an administrative penalty of a different amount is warranted.
SECTION 27. Subsection C of Section 6-6-5 “Administrative appeal”, Chapter 6 “Social Host Liability”, Title 6 “Police Regulations” is hereby amended to read as follows:
C. An appeal of an administrative penalty imposed for violations of subsection 6-6-4(A) of this chapter shall be heard by a person appointed by the city to act as the hearing examiner. The administrative penalty appeal hearing shall be set no sooner than twenty (20) days and no later than forty-five (45) days following a request for an appeal hearing. Notice of the appeal hearing shall be mailed at least twelve (12) calendar days before the date set for the hearing. Failure to appear timely will cause the administrative penalty to become a final order or decision.
SECTION 28. Section 6-6-6 “Enforcement and collection of administrative fine”, Chapter 6 “Social Host Liability”, Title 6 “Police Regulations” is hereby amended to read as follows:
When an administrative penalty becomes a final order under section 6-6-5 of this chapter or Government Code section 53069.4, the city may proceed to collect the penalty as set forth in title 6, chapter 5 of this code.
SECTION 29. Section 6-6-7 “Judicial review”, Chapter 6 “Social Host Liability”, Title 6 “Police Regulations” is hereby amended to read as follows:
Any person aggrieved by a final administrative order or decision imposing an administrative penalty may seek review with the superior court in Santa Barbara County pursuant to Government Code section 53069.4.
SECTION 30. Section 6-6-8 “Remedies cumulative--Actions--Relationship to other laws”, Chapter 6 “Social Host Liability”, Title 6 “Police Regulations” is hereby amended to read as follows:
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23-0367 Sections in muni code titles 1, 3, 4, 5, 6, 8, 9, 11, and 12 Administrative Citations The remedy provided under this chapter is cumulative, and shall not restrict the city to any other remedy to which it is entitled under law or equity. Nothing in this chapter shall be deemed to preclude the imposition of any criminal penalty under state law or this code or civil penalty. Nor shall anything in this chapter be deemed to conflict with any penalty or provision under state law, or to prohibit any conduct authorized by the state or federal constitution.
SECTION 31. Subsection B of Section 8-2-4 “Fees and charges”, Chapter 2 “Street Construction and Excavations”, Title 8 “Public Ways and Property” is hereby amended to read as follows:
B. Restoration Costs for Bonds. Restoration costs for bonds shall be established by resolution of city council.
SECTION 32. Subsection E of Section 8-2-4 “Fees and charges”, Chapter 2 “Street Construction and Excavations”, Title 8 “Public Ways and Property” is hereby amended to read as follows:
E. Collection. All unpaid fees and charges made under this chapter may be deducted from cash deposits (where deposits are required) and the balance, if any, returned to permittee, except in the case of continuing cash deposits, upon completion of the work permitted under this chapter and approval thereof by the city engineer; provided, however, that where the deposit required under subsection B of this section exceeds an amount determined by resolution of city cou ncil, one-third (1/3) of the cash deposit for replacement charges shall be retained for twelve (12) months after completion of the work. In all cases where cash deposits are not made, all unpaid fees and charges shall be billed to the permittee.
SECTION 33. Section 8-8-10 “Appeals”, Chapter 8 “Trees”, Title 8 “Public Ways and Property” is hereby amended to read as follows:
Any interested person may appeal in writing to the city council’s appointed appeals commission, or, in its absence, the city council itself, from any action taken, pursuant to this chapter. Thereafter, any interested person may appeal in writing to the city council from any action taken by the appeals commission on the appeal. The appeal must be filed in accordance with title 1, chapter 6, “Appeal Procedures,” of this code or any successor sections. The appeal fee shall be established by resolution of city council.
SECTION 34. Subsection C of Section 9-2C-3 “Interceptors required”, Article C “Use of Public Sewers”, Chapter 2 “Sewer Code”, Title 9 “Water and Sewer” is hereby amended to read as follows:
C. All restaurants and commercial establishments where food may be prepared shall be required to have and use tallow cans to dispose of all cooking oils and grease. The owner shall allow the city inspector access to verify that tallow cans are being properly used. If an owner is not in compliance with this chapter, the following shall apply:
1. First Infraction. The business owner will receive a written warning, with seven (7) days to comply.
If non-compliance continues after the seven (7) days, the city of Solvang may assess a fine in an amount established pursuant to section 1-3-2 of this code.
2. Second Infraction. If not in compliance after an additional seven (7) days, the city of Solvang may assess an additional weekly fine in an amount established pursuant to section 1-3-2 of this code each week until the owner is in compliance.
SECTION 35. Subsection B of Section 9-2C-4 “Pretreatment of wastes”, Article C “Use of Public Sewers”, Chapter 2 “Sewer Code”, Title 9 “Water and Sewer” is hereby amended to read as follows:
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23-0367 Sections in muni code titles 1, 3, 4, 5, 6, 8, 9, 11, and 12 Administrative Citations B. Maintenance. Where pretreatment facilities are provided for any waters or wastes, they shall be continuously maintained in satisfactory and effective operation by the owner at his or her expense.
Pretreatment facilities shall be maintained by licensed operators if required by the state of California for that type of treatment process. Pretreatment facilities shall be maintained in accordance with an appropriate schedule. All owners of any building equipped with a pretreatment facility shall submit to the city inspector a maintenance schedule by January 31st of each year. The city will review each maintenance schedule to verify that maintenance will be sufficient to keep the pretreatment facility properly functioning. A log of all maintenance shall be kept by the owner and shall be available for inspection by the city inspector. The owner shall allow the city inspector access to verify that the pretreatment facility is functioning properly and being adequately maintained. If an owner is not in compliance with this chapter, the following shall apply:
1. First Infraction. The business owner will receive a written warning, with seven (7) days to comply.
If non-compliance continues after the seven (7) days, the city of Solvang may assess a fine in an amount established pursuant to section 1-3-2 of this code.
2. Second Infraction. If not in compliance after an additional seven (7) days, the city of Solvang may assess an additional weekly fine in an amount established pursuant to section 1-3-2 of this code each week until the owner is in compliance.
SECTION 36. Paragraph 5 of Subsection C of Section 9-2C-9 “Water softening and conditioning equipment”, Article C “Use of Public Sewers”, Chapter 2 “Sewer Code”, Title 9 “Water and Sewer” is hereby amended to read as follows:
5. Violation Penalty. All violations of this subsection C shall be infractions. It is unlawful for any person to violate any mandatory provisions of or fail to comply with provisions of this subsection C. Any persons violating such subsections shall be prosecuted as an infraction. Any infraction may be prosecuted by the city authorities in the name of the people of the state or redressed by civil action.
Every violation determined to be an infraction is punishable by a fine in an amount established pursuant to section 1-3-2 of this code.
SECTION 37. Subsection A of Section 9-2D-6 “Fees and bonds”, Article D “Permits and Permit Fees”, Chapter 2 “Sewer Code”, Title 9 “Water and Sewer” is hereby amended to read as follows:
A. Fees. A connection charge, as fixed by section 9-2E-1 of this chapter shall be paid to the city by the person desiring connection to the city’s sewer system.
1. A fee in an amount established by resolution of city council shall be paid to the city for issuing a permit to connect to a public sewer and inspecting each sewer installation.
2. A fee in an amount established by resolution of city council shall be paid for issuing a permit to install a lateral and connect to a public sewer.
SECTION 38. Subsection B of Section 9-3B-10 “Temporary service”, Article B “Water Use Regulations”, Chapter 3 “Water Code”, Title 9 “Water and Sewer” is hereby amended to read as follows:
B. Deposit and Rates. The applicant shall deposit, in advance, an amount determined by resolution of city council for each inch or fraction thereof of temporary service desired. Upon discontinuance of service, the actual cost of installing and removing the facilities required to furnish said service, exclusive of the cost of salvageable material, shall be determined and an adjustment made as an 104
23-0367 Sections in muni code titles 1, 3, 4, 5, 6, 8, 9, 11, and 12 Administrative Citations additional charge, refund or credit. The applicant shall pay the estimated cost of service in advance or shall be otherwise required to establish credit.
SECTION 39. Paragraph 1 of Subsection D of Section 9-3C-1 “Meters”, Article C “Water Rates and Charges”, Chapter 3 “Water Code”, Title 9 “Water and Sewer” is hereby amended to read as follows:
1. Tests—Deposit. All meters will be factory tested prior to installation and no meter will be installed which registers more than two percent (2%) fast. If a customer desires to have the meter serving his or her premises tested, the customer shall first deposit with the city a test fee in an amount established by resolution of city council. Should the meter register more than two percent (2%) fast, the fee will be refunded; but should the meter register less than two percent (2%) fast, the test fee will be retained by the city.
SECTION 40. Subsection C of Section 9-3C-5 “Discontinuing service”, Article C “Water Rates and Charges”, Chapter 3 “Water Code”, Title 9 “Water and Sewer” is hereby amended to read as follows:
C. Disconnection Charge. A disconnection charge in an amount established by resolution of city council plus applicable penalties shall be imposed and collected prior to renewal of water service following discontinuance of service for nonpayment of city fees and charges. The disconnection charge shall be assessed as soon as city personnel leave the city offices to initiate a disconnection of service.
A charge, in an amount to be determined by resolution of the city council, shall be imposed for checks returned by the bank for any reason; however, an additional disconnection charge, in an amount to be determined by resolution of city council, will be imposed for returned checks given to avoid discontinuance of service, with service again discontinued pending payment of all outstanding charges.
Following payment of all fees and charges, reconnection will normally take place on the next business day reasonably possible for city staff. Any customer desiring reconnection outside of normal business hours (eight (8:00) a.m. to four (4:00) p.m. Monday through Friday except holidays) may receive the reconnection subject to the discretion of the city and subject to paying the after-hours disconnection fee, in an amount to be determined by resolution of city council, and the delinquent utility account balance in cash to the water department personnel. Exact amount only, no change will be made.
Overpayments will appear as a credit on the utility account. Disconnection charges and related fees shall be paid in the form of cash or its equivalent.
SECTION 41. Subsection A of Section 9-4-6 “Backflow prevention assembly testing”, Chapter 4 “Cross Connection Program”, Title 9 “Water and Sewer” is hereby amended to read as follows:
A. The city will establish and maintain a list of approved backflow prevention assemblies and an approved certified testers list. The city shall conduct necessary surveys of water user premises to evaluate the degree of potential health hazards. The city shall notify the water user when their assembly needs to be tested. A notice to test will be sent by mail and will have the date the test shall be completed. The water user shall supply proof to the city by such date that the assembly has passed the test. If the test is not completed and proof supplied to the city by the date on the notice to test a final notice will be sent. If the test is not completed and proof supplied to the city within the time set forth in the final notice, then a noncompliance notice will be sent. If the backflow prevention assembly has not been tested and proof of compliance has not been supplied to the city by the date set forth on the noncompliance notice, water service will be terminated on such date unless the user has filed a written request for a hearing on the matter prior to the date set forth on the noncompliance notice. The hearing will be held within ten (10) days of the written request. If it is determined that the water user’s water service is a threat to the city’s water system because of the backflow prevention assembly, or lack thereof, then the hearing officer shall order the water service terminated. A failure to appear at the hearing will result in termination of the water service. A reconnect fee in an amount established by resolution of city council will be charged before the service will be reconnected. The water supply to the 105
23-0367 Sections in muni code titles 1, 3, 4, 5, 6, 8, 9, 11, and 12 Administrative Citations address will be discontinued until the backflow prevention assembly is tested and certified as functioning properly.
SECTION 42. Subsection F of Section 11-12-9 “Temporary tract offices in subdivisions”, Chapter 12 “Supplemental Regulations”, Title 11 “Zoning regulations” is hereby amended to read as follows:
F. The applicant shall deposit a fee in an amount established by resolution of city council 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 43. Paragraph 2 of Subsection F of Section 11-12-30 “Short-term/vacation rental regulations”, Chapter 12 “Supplemental Regulations”, Title 11 “Zoning regulations” is hereby amended to read as follows:
2. In addition to, or in lieu of criminal sanctions set forth in subsection (F)(1) of this section, administrative penalties, including a notice of violation, shall be imposed, and permits shall be revoked, in the manner provided in this subsection (F)(2).
a. The planning 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 of this section shall be as follows:
i. Administrative penalty amounts shall be established by resolution of city council and shall not exceed the amounts authorized by Government Code section 53069.4 and Government Code section 36900(d).
ii. In addition to administrative penalties, the planning manager may suspend or revoke the permit as follows: For the first violation within any twelve (12) month period, suspension of the permit for a period not to exceed three (3) months. For a second violation within any twelve (12) month period, suspension of the permit for a period not to exceed six (6) months. For a third violation within any twelve (12) month period, suspension of the permit for a period not to exceed one (1) year. b. If the owner requests a hearing within the time specified in subsection (F)(2)(a) of this section, the city clerk shall serve written notice on the owner and operator, by mail, of the date, time and place for the hearing which shall be scheduled not less than fifteen (15) days, nor more than forty-five (45) days of receipt of request for a hearing. The city manager may preside over the hearing or may designate a hearing officer to take evidence and submit proposed findings and recommendations to the city manager. The city manager shall impose the penalties or revoke the permit only upon a finding that a violation has been proven by a preponderance of the evidence, and that the penalty or revocation is consistent with the provisions of this chapter. The city manager shall render a decision within thirty (30) days of the hearing and the decision shall be final.
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23-0367 Sections in muni code titles 1, 3, 4, 5, 6, 8, 9, 11, and 12 Administrative Citations SECTION 44. Subsection B of Section 11-13-7 “Enforcement and penalties”, Chapter 13 “Sign Regulations”, Title 11 “Zoning regulations” is hereby amended to read as follows:
B. Penalties. Any person who violates the provisions of this chapter shall be subject to the penalties described in title 1, chapter 3 of this code or an administrative citation as described in title 6, chapter 5, article A of this code.
SECTION 45. Section 11-17-7 “Enforcement and penalties”, Chapter 17 “Administration and Enforcement”, Title 11 “Zoning regulations” is hereby amended to read as follows:
A. Applicability. The provisions of this section shall apply entirely to this title.
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.
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.
D. Tax Bill Collection. In the event any fees assessed in connection with the processing or approval of development of any property pursuant to this title remain unpaid at the time specified for fixing the tax rate of the city, the amount due for such fees may be added to and become a part of the annual taxes levied against the land, provided: (1) the property is owned, controlled or was in possession of the same person who owned, controlled or was in possession of it during the time such fees were imposed; or (2) the only transfer made of the property since the date such fees were imposed have been transfers by gift, descent or devise. Such fees so added shall constitute a lien on the property. If 107
23-0367 Sections in muni code titles 1, 3, 4, 5, 6, 8, 9, 11, and 12 Administrative Citations the taxes are divided and made payable in two (2) installments, the unpaid fees shall be added to and become a part of the first installment. The city council shall include in the statement of tax rate transmitted to the authorities the amount of such fees to be levied against the land, and such fees shall be included in the tax bill.
E. Any person, whether acting as principal, agent, employee or otherwise, who violates the provisions of this title or any rule, regulation, order or permit issued hereunder, shall be subject to an administrative citation and penalties pursuant to title 6, chapter 5, article A of this code.
F. 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.
G. Legal Actions.
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.
2. Civil Remedies and Penalties.
a. Civil Penalties. Any person, whether acting as principal, agent, employee or otherwise, who wilfully violates the provisions of this title or any rule, regulation, order or permit issued hereunder, shall be liable for a civil penalty for each day that the violation continues to exist. b. Costs and Damages. Any person, whether as principal, agent, employee or otherwise, violating any provisions of this title or the rules, regulations, orders or permits issued hereunder, shall be liable to the city for the costs incurred and the damages suffered by the city, its agents and agencies as a direct and proximate result of such violations.
c. Procedure. In determining the amount of the civil penalty to impose, the court shall consider all relevant circumstances, including, but not limited to, the extent of the harm caused by the conduct constituting a violation, the nature and persistence of such conduct, the length of time over which the conduct occurred, the assets, liabilities and net worth of the violator, whether corporate or individual, and any corrective action taken by defendant.
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23-0367 Sections in muni code titles 1, 3, 4, 5, 6, 8, 9, 11, and 12 Administrative Citations
3. Criminal Actions and Penalties.
a. Infractions. Any person, whether as a principal, agent, employee or otherwise, violating any provisions of this title, or the rules, regulations, orders or permits issued hereunder, shall be guilty of an infraction, and upon conviction thereof, shall be punished as provided in section 1-3-2 of this code. b. Misdemeanors. Any offense which would otherwise be an infraction may, at the discretion of the city attorney, be filed as a misdemeanor if the defendant has been convicted of two (2) or more violations of any of the provisions of this title within the twelve (12) month period immediately preceding the commission of the offense or has been convicted of three (3) or more violations of any of the provisions of this title within the twenty-four (24) month period immediately preceding the commission of the offense. Upon conviction of a misdemeanor, the punishment shall be in accordance with section 1- 3-3 of this code.
c. Violations. Each and every day during any portion of which any violation of this title or the rules, regulations, orders or permits issued hereunder, is committed, continued or permitted by such person shall be deemed a separate and distinct offense.
H. Cumulative Remedies and Penalties. The remedies or penalties provided by this title are cumulative to each other and to the remedies or penalties available under all other laws of this state.
SECTION 46. Subsection D of Section 12-8-5 “Flood control”, Chapter 8 “Administration and Enforcement”, Title 12 “Subdivision Regulations” is hereby amended to read as follows:
D. Fees When Drainage Element Adopted. In any area of the city where the drainage element of the city’s general plan has been adopted and a fee ordinance under the provisions of the Subdivision Map Act has been enacted and is in force, no building permit shall be issued for the original construction of a residence, commercial, industrial, school, church, shopping center or other building or structure, or development unless and until a fee has been paid to the city in accordance with a schedule of rates established by resolution of city council.
SECTION 47. This Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines (Title 14, Division 6, Chapter 3 of the California Code of Regulations), and the City’s environmental procedures. The City has determined that this Ordinance is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because the City Council hereby finds with certainty that there is no possibility the passage of this Ordinance will result in a direct or reasonably foreseeable indirect physical change in the environment nor have a significant effect on the environment.
SECTION 48. If any section, subsection, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction or preempted by State or Federal legislation, such decision or legislation shall not affect the validity of the remaining provisions of this ordinance.
SECTION 49. This ordinance shall become effective 30 days after its adoption.
SECTION 50. 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.
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23-0367 Sections in muni code titles 1, 3, 4, 5, 6, 8, 9, 11, and 12 Administrative Citations PASSED, APPROVED, AND ADOPTED on this 11th day of December 2023. __________________________________
Mark Infanti, Mayor
APPROVED AS TO FORM: ATTEST:
__________________________________ __________________________________ Dave Fleishman, City Attorney Annamarie Porter, City Clerk 110
23-0367 Sections in muni code titles 1, 3, 4, 5, 6, 8, 9, 11, and 12 Administrative Citations
STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA )
CITY OF SOLVANG )
I, Annamarie Porter, City Clerk of the City of Solvang, California do hereby certify that the foregoing Ordinance No. 23-0367 was duly introduced at a regular meeting of the City Council held on the 27th day of November, 2023, and was duly adopted at a regular meeting of said City Council held on the 11th day of December, 2023, 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
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CITY COUNCIL STAFF REPORT
AGENDA ITEM 5.a
Meeting Date: December 11, 2023
SUBJECT: Continued public hearing to Consider Introduction for first reading by title only Ordinance No. 23-0371 repealing section 11-12-8 (Special Events) of Title 11 (Zoning Regulations) and amending Title 8, Public Ways and Property adopting Chapter 9, Special Events to establish processing and permitting of special events on public property and make a finding that the ordinance is exempt from California Environmental Quality Act (CEQA) requirements per Section 15061 of the CEQA guidelines
PREPARED BY: Jenny McClurg, Parks and Recreation Director Candice Libera, Recreation Coordinator
DISCUSSION
A public hearing was held on November 27, 2023. As a result, the following suggestions have been made to the ordinance.
Application Process
Council member Brown suggested that a penalty be charged if an applicant withdrew their application.
This is covered by the non-refundable application fee and no changes were made.
Insurance Requirements for First Amendment/Expressive Activities:
Council member Brown and Elizabeth Orona had concerns regarding First Amendment/Expressive Activity insurance requirements. The City can’t require insurance for First Amendment/Expressive Activity events. We have added in section 8-9-3 for special event permits not requiring a permit, that we encourage the organizer to contact the City and provide contact information.
In addition, signs/flags have been added to the list of requirements that necessitates a permit with the following language: “Erection of fencing, tents, stages, barricades, booths, other structures, and/or the erection of any sign or flag affixed to City property.” Cleaning Deposit:
Mayor Infanti had concerns about charging a deposit that is sufficient enough to cover large events and scale the deposit based on the scope of the event.
The following language has been added to section 8-9-6:
The City reserves the right to charge a higher deposit as determined at the discretion of the City Manager if the event is large-scale. Subsequently added “large-scale” to the definitions in 8-9-2, letter E with a definition of a large-scale event which involves 500 people or more.
Economic Impact of Special Events:
Staff, along with legal counsel suggest not to include any edits requiring consideration of the economic impact of special events on local businesses or residents. This would be too difficult and require a good baseline from which to even compare.
As a reminder, here is the information on the first reading:
Regulations regarding special events are found in Solvang Municipal Code (SMC) Title 11, Zoning Ordinance, Section 12-8, which was established through Ordinance 99-200 in 1999. The City Council subsequently approved the City of Solvang Special Event Guide on August 22, 2022, however, the SMC was not updated. Major provisions, such as where special events can be located, who the 112
decision maker is, the definition of a special event, and the process of applying for a special event permit are not as clearly defined in the code as they are in the Special Event Guide. On September 25, 2023, the Council directed city staff to begin to draft a special events ordinance to remove special events out of the zoning ordinance, and moving it to Title 8, Public Ways and Property, and creating a new Chapter (Chapter 9, Special Events).
The Planning Commission recommended on a 5-0 vote at its November 6, 2023 meeting to the City Council regarding amendments to Title 11 as the City’s Zoning Ordinance. Attachment A includes the proposed amendments to Title 11, and the proposed ordinance for special events, however the proposed Resolution only addresses amendments to Title 11.
SMC section 11-12-8 titled “Special Events” provides a loose framework for special events, which is defined as the following:
A special event is a temporary activity to which the general public is invited that is not included as a regularly permitted use allowed by a land use permit granted for a facility, as determined by the planning/community development director. Special events include, but are not limited to, carnivals, circuses, ethnic celebrations, festivals, art/craft fairs, dance exhibitions and musical entertainment. A temporary land use permit for a special event may be approved by the planning/community development director only for commercial, industrial, agricultural, recreational and institutional zoning districts.
The City of Solvang hosts a number of events throughout the year. These special events typically take place on public property, either in public parks, or city rights-of-way. The existing ordinance contains limited standards regarding the maximum number of days an event can be, and the hours of operation.
The ordinance provides no process for approvals, appeals process for denial of events, nor other procedures necessary to ensure a streamlined special events process. Based on the existing ordinance the Planning/Community Development Director (Planning Manager) may authorize a special event.
However, in practice, the Planning and Building Department is not the leader of such events. City staff recommends removal of special events from the Zoning Ordinance into Title 8, Public Ways and Property, under a new Chapter (9) titled “Special Events”.
Special Events Permits
This section establishes the requirements for special events permits to be required for festivals, parades public assemblies, etc. that take place on city owned property such as parks, streets, sidewalks and plazas. Events that take place on private property will not be regulated by this ordinance.
The City’s Zoning Ordinance alludes to a “temporary land use permit”, which an event on private property would fall under, however, no process is defined in the ordinance. The Planning Department wishes to return to the Planning Commission in 2024 with a Temporary Land Use permit process, uses defined, and establish criteria for temporary events on private property for conformity with the special events permit. A special event permit is not required for a “First Amendment” event organized and conducted for the purpose of expressions protected by the First Amendment of the US Constitution. A special events permit would be required for First Amendment event if the following is involved:
• Erection of fencing, tents, stages, barricades or other structures • Need of power/electricity
• Distribution or sale of food, beverages, merchandise, etc. • Requires closure of any portion of a street, sidewalk, or diversion of vehicular traffic for the safety of participants.
Application Process
This section establishes an application process for all applicants that propose a special event. It includes standards for events that all applicants must adhere to including the following:
• Maximum duration of events is 3 days, excluding Danish Days, Julefest, and other events as determined by the City Manager.
• Minimum of two (2) weeks between events in which streets are closed, with ability to grant variances by the City Manager.
• Hours of operations and set-up/clean-up of events.
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Indemnification and Insurance Requirements
These sections establish indemnification and insurance requirements for use of city property. Insurance requirements are waived for a First Amendment event.
Standards for Denials and Revocations
This section includes standards for denials or revocations. Denial and revocation of a permit may be based on the following:
• failure to satisfy requirements of the chapter or Special Events Handbook. • Destruction or damage to city property that is directly attributable to the permittee. • City staff received an application for the same date and time as proposed by the permittee prior to application submittal.
• Time or size of the event is reasonably likely to interrupt the safe and orderly movement of traffic.
• The event is too large to prevent police, fire, or medical services from being administered at the event.
• Size, scope, and duration is not compatible with the location or surrounding neighborhood. • Insufficient time to plan or organize the proposed event due to public health and safety concerns.
Mechanisms for Appeals
This section outlines the appeals process. This process is consistent with the appeals process outlined in SMC Section 1-6.
Special Events Guide and Application
The Special Events Guide is a policy document containing the rules, regulations, forms and processes for special events that implements the requirements of the ordinance. The City of Solvang Special Events Guide is published and approved by the City Manager and adopted by City Council resolution.
This guide has been modified to implement the requirements of the ordinance.
ALTERNATIVES:
1. Modify Ordinance 23-0371
2. Provide further direction to staff.
FISCAL IMPACT:
There is no fiscal impact associated with the introduction of the ordinance. Should the Council adopt the ordinance on second reading, minor codification expenses will be incurred that are within current budgeted expenses.
ATTACHMENTS:
A - Draft Special Events Ordinance 23-0371
B - Draft Special Event Guide
C - Planning Commission Resolution 23-11 Special Events Recommended Ordinance 114
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Attachment A
ORDINANCE NO. 23-0371
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOLVANG, CALIFORNIA AMENDING TITLES 8 AND 11 OF THE SOLVANG MUNICIPAL CODE TO ESTABLISH STANDARDS AND
REGULATIONS FOR SPECIAL EVENTS
WHEREAS, the Solvang Municipal Code (“Code”) currently has minimal standards and regulations for Special Events on city owned property contained in Title 11 that require authorization from the Planning Manager;
WHEREAS, the City recognizes that Special Events require more robust policies and procedures than what is contained in Section 11-12-8 and that special event permits have been historically administered by the Parks and Recreation Department and the City Manager or their designee; WHEREAS, the City proposes to amend Section 11-12-8, Special Events, amending language to reference a new chapter in Title 8;
WHEREAS, the City proposes to amend Title 8 to add a new Chapter 9 entitled Special Events that provides standards and regulations for all special events utilizing city property including but not limited to parks, plazas, and street rights-of-way;
WHEREAS, on November 6, 2023 the Planning Commission determined that the proposed amendments to Title 11 are consistent with the general plan, the requirements of state planning and zoning laws and other provisions of Title 11 of the Solvang Municipal Code; are in the interests of the general community welfare; are consistent with good zoning and planning practices; and exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3); WHEREAS, on November 6, 2023 the Planning Commission at a duly noticed public hearing adopted Resolution 23-11 recommending the City Council adopt the proposed amendments to Title 11 modifying the Special Events section; and
WHEREAS, the City Council finds it necessary to amend the Code to establish clear standards, and regulations pertaining to Special Events to further goals and policies established by the City Council upon its direction to city staff.
NOW, THEREFORE, the people of the chartered City of Solvang do ordain as follows:
SECTION 1. Add Chapter 9 Special Events to Title 8 Public Ways and Property to read as follows:
CHAPTER 9 SPECIAL EVENTS.
8-9-1 Title and Purpose
8-9-2 Definitions
8-9-3 Special Event Permit Required
8-9-4 Application Process and Fee
8-9-5 Special Event Standards
8-9-6. Deposit and Additional Fees
8-9-7 Indemnification Agreement
8-9-8 Insurance Requirements
8-9-9 Permit Denial or Revocation.
8-9-10 Interference with a Special Event Prohibited
8-9-11 Appeals
8-9-1 Title, Purpose
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A. Title. This chapter may be referred to as the City of Solvang Special Events Ordinance.
B. Purpose. It is recognized that special events enhance the City of Solvang lifestyle and provide benefits to the citizens through the creation of unique venues for expression and entertainment that are not normally provided as a part of governmental services. The purpose of this chapter is to:
1. Establish a coordinated process for managing special events on public property.
2. Minimize the impact to regular and ordinary use of public property and facilities.
3. Ensure the health and safety of persons attending an event as well as those using public property but not attending an event
4. Minimize conflicts between special events and other activities on public property
5. Prohibit illegal activities from occurring at special events
6. Protect the rights of special event organizers.
7. Balance the rights of people to engage in expressive activities protected by the United States and California Constitutions and the rights of others in the City’s public places by establishing a reasonable time, place, and manner regulation of constitutionally protected activities.
8. Minimize the financial impact of special events on the City by providing cost recovery from special event organizers to the extent authorized by law, while not unduly affecting the viability of events.
8-9-2 Definitions.
For the purpose of this chapter, the following definitions shall apply:
A. “City of Solvang Special Events Guidebook” is a policy document containing the rules, regulations, forms and processes for special events that implements the requirements of this chapter. The City of Solvang Special Events Guidebook is published and approved by the City Manager and adopted by City Council resolution.
B. “Clean-Up Activities” are defined as, but not limited to, the proper disposal of waste and garbage throughout the special event, removal of all equipment, booths, signage, fencing, and decorations brought in by the special event organizer or contracted service providers of the special event organizer.
C. “Expressive Activity” is defined as conduct, the sole or principal object of which is the expression, dissemination, or communication of opinions, views, or ideas and for which no fee or donation is charged or is required as a condition of participation.
D. “Highway” is defined as a public right of way for the purpose of travel or transportation, including California State Route 246 maintained and operated by the California Department of Transportation.
E. “Large-scale special event” is defined as any event that the special event organizer expects to have 500 people or more in attendance, with one or more of the following characteristics:
occupying a large area of City property over a period of one or more days, having a large and complex setup with significant impact to the event location, affecting adjacent street and other public areas, selling admission tickets, or charging participant fees.
F. “Non-Vendor” is defined as a person or organization that is not selling or offering to sell any goods, food, beverages, merchandise, or services within a special event venue.
G. "Public property" is defined as any city streets, sidewalks, parking lots, parks, or any other property owned or controlled by the city.
H. “Set-Up Activities” are defined as, but not limited to, any equipment, booths, signage, fencing, and decorations brought in by the special event organizer or contracted services of the special event organizer.
I. "Sidewalk" is defined as a portion of a street, other than the roadway, set apart by curbs, barriers, markings, or other delineation for pedestrian travel.
J. "Sign" is defined as any sign, pennant, flag, banner, inflatable display, or other attention-seeking device.
K. "Special event" is defined as: “Any temporary organized activity that takes place upon any public property, public right-of-way, sidewalks, parks, or streets in a manner that varies from its 116
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current land use or otherwise requires a permit. These events may include, but are not limited to, festivals, athletic events, fundraisers, concerts, public assemblies, or any organized formation, parade, procession, or assembly consisting of persons, animals, vehicles or any combination thereof, traveling in unison with a common purpose on a public street, highway, alley, sidewalk, or other public right-of-way which does not comply with normal and usual traffic regulations or controls.”
L. "Special event organizer" is defined as any person, group or organization who conducts, manages, promotes, organizes, aids, hosts, or solicits attendance at a special event and has the personal legal capacity and responsibility for the special event and compliance with all permit terms and conditions.
M. "Special event permit" is defined as a permit issued under this ordinance.
N. "Special event venue" is defined as an area or location for which a special event permit has been issued.
O. "Street" is defined as a way or place of whatever nature, publicly maintained and open to use of the public for purposes of vehicular travel.
P. "Tax-exempt non-profit organization" is defined as an organization that is exempted from payment of income taxes by federal or state law and which has been in existence for a minimum of three months preceding the date of application for a special event permit.
Q. "Vendor" is defined as any person who sells or offers to sell, any goods, wares, personal property, food, beverages, merchandise, or services within a special event venue. 8-9-3 Special Event Permit Required.
A. A special event permit is required for all special events except as provided in subsection B of this section. A person or organization is qualified to apply for a special event permit if they are the special event organizer.
B. A special event permit is not required for an expressive activity, provided however that a special event permit is required for expressive activities that include any of the following:
1. Erection of fencing, tents, stages, barricades, booths, or other structures and/or erection of signs or flags affixed to City property.
2. Includes the distribution or sale of food, beverages, and/or merchandise.
3. Use of electricity.
4. The closure of all or a portion of any street or sidewalk.
5. Diversion or control of vehicular traffic in order to provide for the safety of participants.
6. Special events on private property that utilize city resources.
For expressive activities that do not require a special event permit, the organizer of the expressive activity is encouraged to provide the organizer’s contact information to the City. 8-9-4 Application Process and Fee
A. Time for Submission. A special event organizer shall file an application for a special event with the city not less than 90 calendar days and no more than 365 calendar days before the proposed time of the special event. Notwithstanding the foregoing, where an expressive activity that requires a special event permit under Section 8-9-3 is prompted by a current event or other unplanned act or occurrence and the relevance of the expressive activity will be lessened or lost if the expressive activity cannot be held at the time and place and in the manner proposed, the special event organizer of such expressive activity shall notify the city at least thirty-six (36) hours prior to the anticipated time and place of such expressive activity.
B. Contents. An application for a special event permit shall include all information required by the City of Solvang Special Events Guidebook.
C. Fee. A special event organizer shall include with submission of their application for a special event permit, a non-refundable application fee in an amount established by resolution of city council. The city council shall set a lower non-refundable application fee for tax-exempt nonprofit organizations. 8-9-5 Special Event Standards
The following standards shall apply to all issued special event permits.
Commented [CEO1]: Jenny we added this language to try
to address the Council’s concerns about unpermitted
expressive activities. Due to first amendment concerns we do not think we can require insurance for expressive
activities.
Commented [CEO2]: Jenny, I had in my notes that the
Council was interested in having a penalty for withdrawing an application. We already have the non-refundable
application fee. Dave and I think that is a good deterrent as long as it is set high enough. Having a lower application fee for non-profits undermines the effectiveness of the
deterrent a bit. What do you think? Can we address this concern with the fee amount rather than changes to the
ordinance?
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A. Duration/Number of Days. The maximum duration of a special event shall be three (3) consecutive days, including time for set-up activities and clean-up activities.
B. Repetitions. Any one (1) special event organizer shall be limited to two (2) special event permits per year.
C. Duration/Hours. Special events may occur between the hours of (7:00) am and ten (10) pm, including set-up activities and clean-up activities but public attendance at a special event shall be limited to the hours between eight (8:00) am and nine (9:00) pm.
D. Frequency. Special events that close city streets and/or city parking lots must have a minimum of two (2) weeks between the special events.
E. Usage of Solvang Park. Special Events shall not occupy more than seventy-five percent (75%) of Solvang Park and shall not occupy the picnic benches, so that non-event participants can concurrently use the park.
F. Variations. The City Manager or their designee may grant variations from these standards if the following findings are made:
1. The variation is required due to a special circumstance applicable to the special event that does not create a public health and safety issue.
2. The variation will not conflict with the intent and purpose of this chapter or any applicable ordinances and policies.
3. The special event organizer agrees to comply with all additional conditions imposed by the City Manager or their designee in granting variations from these standards. 8-9-6 Deposit and Additional Fees
A. Deposit. Prior to issuance of the special event permit, and in addition to the non-refundable application fee required under section 8-9-4, the special event organizer shall pay to the city a refundable deposit, in an amount to be set by resolution of the city council not less than thirty (30) days after approval of special event application. The City reserves the right to charge a higher deposit as determined at the discretion of the City Manager if the event is large-scale.
This deposit will be returned to the special event organizer after the special event if the requirements of this code, the City of Solvang special events guidebook, and the special event permit terms were met and no damage to city property occurred.
B. Additional Fees. Prior to the issuance of the special event permit, the special event organizer shall also pay to the city additional fees, of a type and in an amount established by resolution of the city council, to cover the city’s actual costs in relation to the special event. 8-9-7 Indemnification Agreement
Prior to issuance of a special event permit, the special event organizer must sign an agreement to reimburse the City for any costs incurred by it in repairing damage to City property occurring in connection with the permitted special event and proximately caused by the actions of the special event organizer, its officers, employees, agents, volunteers, or any person acting under the special event organizer’s direction or control, insofar as permitted by law. The agreement shall also provide that the special event organizer shall defend the City against, and indemnify and hold the City harmless from, any liability to any persons resulting from any damage or injury occurring in connection with the permitted special event proximately caused by the actions of the special event organizer, its officers, employees, agents, volunteers, or any person who was under the special event organizer’s control insofar as permitted by law and in a form consistent with this requirement and acceptable to the City Attorney. For purposes of this section, a person who merely joins in a special event is not considered, because of that act alone, to be “under the direction or control” of the special event organizer. 8-9-8 Insurance Requirements
A. Prior to issuance of a special event permit, the special event organizer must possess or obtain liability insurance from a reliable insurance company authorized to do business in the state, to protect against loss from liability imposed by law for damages because of bodily injury and property damage arising from the special event. Such insurance must name on the policy or by endorsement as additional insureds the City of Solvang and it’s elected and appointed officials, officers, employees, agents, and volunteers. Required coverage levels will be based on the size, scope and elements of the special event and will be determined by the city without regard 118
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to content or subject of the special event. Maintenance of this insurance shall be a condition of the permit.
B. A copy of the policy or certificate of insurance along with all necessary endorsements must be filed with the city prior to issuance of the special event permit, unless the city, for good cause, waives the filing deadline.
C. The insurance requirements shall be waived by the city for expressive activities upon the filing by the special event organizer of a verified statement that the cost of obtaining insurance is so financially burdensome that it would constitute an unreasonable burden on the right of First Amendment expression or that insurance coverage for the special event is not commercially available.
8-9-9 Permit Denial or Revocation.
The City Manager or their designee shall deny a special event permit application or revoke a special event permit only if they determine from a consideration of the application and/or other pertinent information that one or more of the following exists:
A. The special event organizer has knowingly made a false, misleading or fraudulent statement of fact to the City in the application process.
B. The special event organizer fails to complete the application form after having been notified of the additional information or documents requested.
C. The special event organizer does not satisfy the requirements of this chapter, including failing to provide required insurance, indemnity or applicable fees; fails to comply with any special event permit term; or fails to meet any requirement of the City of Solvang special events guidebook.
D. The special event organizer has damaged City property and has not repaired such damage or paid in full for such damage or has other outstanding and unpaid debts related to a prior special event permit issued by the City.
E. The city previously received an application to hold another event at the same time and location requested by the special event organizer, or so close in time and place as to cause undue traffic congestion or create an infeasible parking demand or the city is unable to meet the needs for necessary services for both special events.
F. The concentration of persons, animals, and vehicles at the special event venue is reasonably likely to prevent proper police, fire, or ambulance services to the event.
G. The special event venue is reasonably likely to substantially interfere with any construction or maintenance work scheduled to take place upon the proposed special event venue or with a previously granted encroachment permit.
H. The special event is reasonably likely to occur at a time when school is in session at a location adjacent to the school, and the noise created by the activities of the special event would substantially disrupt the educational activities of the school or the ability to transport school age children to and from school.
I. The size, scope and duration of the proposed special event is not compatible with the special event venue or surrounding neighborhood.
J. There is insufficient time to plan or organize for the special event in a manner that is consistent with how the City permits special events and with the needs of public health and safety. 8-9-10 Interference with a Special Event Prohibited.
It is unlawful for any person to willfully interfere with or disrupt a special event permitted by this chapter. 8-9-11 Appeals
Should the City Manager or their designee deny an application for the special event permit or revoke a special event permit, the special event organizer for such application or permit may appeal the decision consistent with Title 1, Chapter 6 of the Solvang Municipal Code.
SECTION 2. Title 11, Zoning Regulation, Chapter 12, Section 8 “Special Events” (11-12-8) is hereby amended to read as follows:
Refer to Title 8, Chapter 9, Special Events.
SECTION 3. This ordinance shall become effective 30 days after its adoption. 119
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SECTION 4. 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 December 2023. __________________________________
Mark Infanti, Mayor
APPROVED AS TO FORM: ATTEST:
__________________________________ __________________________________ Dave Fleishman, City Attorney Annamarie Porter, City Clerk 120
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STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA )
CITY OF SOLVANG )
I, Annamarie Porter, City Clerk of the City of Solvang, California do hereby certify that the foregoing Ordinance No. 23-0371 was duly introduced at a regular meeting of the City Council held on the 27th day of November, 2023, and was duly adopted at a regular meeting of said City Council held on the 11th day of December, 2023, 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
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CITY OF SOLVANG
SPECIAL EVENTS
GUIDE & APPLICATION
411 Second Street
Solvang, CA 93463
805-688-7529
[email protected]
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TABLE OF CONTENTS
Table of Contents………………………………………………………………………………………………..2 Velkommen / Welcome!......................................................................................................................... 3 What is a Special Event?................................................................................................................................................... 4 When is a Special Event Permit Required?................................................................................................................... 4 Special Event Definitions……...………………………………………………………………………….……5 The Permitting Process……………………………………………………………………………………..…. 7 Permit Denial, Revocation and Appeal Procedure ............................................................................. 8 Mandatory Meetings ............................................................................................................................. 9 Fees and Payment Deadlines………………………………………………….………………………….….. 9 Rules and Regulations……………………………………………………………………………….………..10 Permit and Compliance Items…………………………………………………………………………...…...13 Special Event Application ……………………………………………………………………………………21 Affidavit of Applicant…………………………………………………………………………………………..25 Hold Harmless Agreement …………………………………………………………………………………...26 Vendor Hold Harmless Agreement……………………………………..………………………..………….27 Santa Barbara County Sheriff’s Department Service Agreement …………………………………….28 Solvang Park Map………………………………………………………………………………………………29
Solvang Parking Lot 2 Map………………………………………………………………………...…………30 Downtown Solvang Aeiral Map…………………………………………………………………………...….31 123
3 CITY OF SOLVANG | Special Events Guide
VELKOMMEN / WELCOME!
Dear Event Organizer,
Solvang is a city that celebrates special events. From internationally renowned events to smaller community-based festivals, parades and shows. The City of Solvang takes pride in organizing numerous events every year. The aim is to improve the overall liveliness, quality of life, and economic well-being of Solvang’s residents and visitors by promoting and supporting these special events. Thank you for choosing Solvang for your event location!
Freedom of speech/expressive activities are rights protected by the First Amendment of the United Sates Constitution and Article I, Section 2 of the California Constitution.
These rights protect the expression of ideas and the right to protest and for peaceful assembly. The City of Solvang is committed to safeguarding these rights in order to prevent unnecessary hindrances to freedom of expression.
This document has been created to assist you in navigating the special event permitting process in the City of Solvang. It also contains the guidelines and regulations that must be adhered to when organizing a special event within the City. Please note that these documents were developed to address many types and elements of special events.
On behalf of the City of Solvang, thank you for contributing to the spirit and vitality of our community. To assist you with planning your special event and ensure proper use of City property and adequate planning for safe conduct of the activity and the general health and safety of the attendees and/or general public, contact the Marketing and Events Coordinator.
Marketing and Events Coordinator
(805) 688-7529 / [email protected]
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WHAT IS A SPECIAL EVENT?
Special Events are defined as:
Any temporary organized activity that takes place upon any public property, public right-of-way, sidewalks, parks, or streets in a manner that varies from its current land use or otherwise requires a permit. These events may include, but are not limited to, festivals, athletic events, fundraisers, concerts, public assemblies, or any organized formation, parade, procession, or assembly consisting of persons, animals, vehicles, or any combination thereof, traveling in unison with a common purpose on a public street, highway, alley, sidewalk, or other public rightof-way which does not comply with normal and usual traffic regulations or controls.
By their nature, Special Events require greater planning, review, and permitting from multiple City departments or other governmental agencies to ensure proper use of City property, adequate planning for safe conduct of the activity, and the overall health and safety of the attendees and/or the general public.
WHEN IS A SPECIAL EVENT PERMIT REQUIRED?
A special event permit is required for all special events except those that fall under the freedom of speech/expressive activity category.
A person or organization is qualified to apply for a special event permit if they are the special event organizer which is any person, group or organization who conducts, manages, promotes, organizes, aids, or solicits attendance at a special event and has the personal legal capacity and responsibility for the special event and compliance with all permit terms and conditions.
A special event permit is not required for an expressive activity. However, a special event permit is required for expressive activities that include any of the following:
• Erection of fencing, tents, stages, barricades, booths, or other structures and/or erection of signs or flags affixed to City property.
• Includes the distribution or sale of food, beverages, and/or merchandise. • Use of electricity.
• The closure of all or a portion of any street or sidewalk. • Diversion or control of vehicular traffic in order to provide for the safety of participants. • Special events on private property that utilize city resources. • Expressive activities that do not require a special event permit, the organizer of the expressive activity is encouraged to provide the organizer’s contact information to the City.
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SPECIAL EVENT DEFINITIONS
Before you get started planning a Special Event with the City of Solvang, please review the following terms that are commonly used in this guide.
City of Solvang Special Events Guide is a policy document containing the rules, regulations, forms and processes for special events that implements the requirements of this chapter. The City of Solvang Special Events Guide is published and approved by the City Manager and adopted by City Council resolution.
Clean-Up Activities are defined as, but not limited to, the proper disposal of waste and garbage throughout the special event, removal of all equipment, booths, signage, fencing, and decorations brought in by the special event organizer or contracted service providers of the special event organizer.
Expressive Activity is defined as conduct, the sole or principal object of which is the expression, dissemination, or communication of opinions, views, or ideas and for which no fee or donation is charged or is required as a condition of participation.
Highway is defined as a public right of way for the purpose of travel or transportation, including California State Route 246 which is maintained and operated by the California Department of Transportation.
Large-Scale Special Event is defined as any event that the special event organizer expects to have 500 people or more in attendance, with one or more of the following characteristics:
Occupying a large area of City property over a period of one or more days, having a large and complex setup with significant impact to the event location, affecting adjacent street and other public areas, selling admission tickets, or charging a participant fee.
Non-Vendor is defined as a person or organization that is not selling or offering to sell any goods, food, beverages, merchandise, or services within a special event venue. (An example of a non-vendor would be a booth passing out informational brochures only).
Public property is defined as any city streets, sidewalks, parking lots, parks, or any other property owned or controlled by the city.
Set-Up Activities are defined as, but not limited to, any equipment, booths, signage, fencing, and decorations brought in by the special event organizer or contracted services of the special event organizer.
Sidewalk is defined as a portion of a street, other than the roadway, set apart by curbs, barriers, markings, or other delineation for pedestrian travel.
Sign is defined as any pennant, flag, banner, inflatable display, or other attention-seeking device.
Special Event is defined as: “Any temporary organized activity that takes place upon any public property, public right-of- way, sidewalks, parks, or streets in a manner that varies from its current land use or otherwise requires a permit. These events may include, but are not limited to, festivals, athletic events, fundraisers, concerts, public assemblies, or any organized 126
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formation, parade, procession, or assembly consisting of persons, animals, vehicles or any combination thereof, traveling in unison with a common purpose on a public street, highway, alley, sidewalk, or other public right-of-way which does not comply with normal and usual traffic regulations or controls.”
Special Event Organizer is defined as any person, group or organization who conducts, manages, promotes, organizes, aids, hosts, or solicits attendance at a special event and has the personal legal capacity and responsibility for the special event and compliance with all permit terms and conditions.
Special Event Permit is defined as a permit issued under ordinance 23-0371.
Special Event Venue is defined as an area or location for which a special event permit has been issued.
Street is defined as a way or place of whatever nature, publicly maintained and open to use of the public for purposes of vehicular travel.
Tax-Exempt Non-Profit Organization is defined as an organization that is exempt from payment of income taxes by federal or state law and which has been in existence for a minimum of three months preceding the date of application for a special event permit.
Temporary Food Facility Booth is defined as any vendor at a special event that is serving food and /or beverages.
Temporary Food Facility Organizer is defined as any Special Event Organizer that is providing more than one (1) food and/ or beverage vendor at their event venue.
Vendor is defined as any person who sells or offers to sell, any goods, wares, personal property, food, beverages, merchandise, or services within a special event venue. 127
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THE PERMITTING PROCESS
The special event permit application process has a number of steps that must be completed before approval and event set-up. During the process, the Special Event Coordinator is available to answer questions and provide assistance as necessary to ensure the success of your event and the safety of all attendees.
STEP 1
Email [email protected] or call the Special Event Coordinator at 805-688-7529 to inquire if the proposed date of your event is available.
STEP 2
Submit a City of Solvang Special Events Application no less than ninety (90) calendar days before the first day of the event and no more than 365 calendar days before the proposed time of the special event, along with the Special Event Application non-refundable fee of $135. You can submit the application fee via cash or check to: 411 Second Street, Solvang CA 93463. All checks should be made out to the City of Solvang.
STEP 3
Review of the Special Event Application by Special Event Coordinator. Once received, the Special Event Coordinator will review the application to determine the permit fees and charges that will apply for use of the event venue. The application is also used to determine the additional permits and compliance items that may be required by county, state, and federal agencies. These fees and charges and additional requirements are based on the scope of your event as described in the application.
Visit the appropriate sections of this guide to view descriptions of the additional permits and compliance items that may be required for your event. Please be advised that there may be additional charges for these items.
STEP 4
Once the application review is completed, you will receive notification via email that your date has been secured and you are on the calendar of events for The City of Solvang. You will also receive a checklist detailing any additional items required.
You are not issued a countersigned special event permit until all fees and charges have been paid in full and any additional permits and compliance items that are required by other county, state, or federal agencies have been received. Payment in full is due a minimum of thirty (30) days prior to the first day of your event.
Should any event elements change after the original submittal of the Special Event Application, you are required to notify the Special Events Coordinator in writing with an amendment to your application.
Issuance of a Denial Letter
A denial letter indicates that your application is being denied, with reason(s) for denial included in the letter. Some potential denial reasons are listed in this guide under Permit Denial, Revocation, and Appeal Procedure.
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PERMIT DENIAL, REVOCATION, AND APPEAL PROCEDURE
The City Manager or their designee shall deny a Special Event Permit Application or revoke a Special Event Permit only if they determine from a consideration of the application and/or other pertinent information that one or more of the following exists:
The Special Event Organizer has knowingly made a false, misleading or fraudulent statement of fact to the City in the application process.
The Special Event Organizer fails to complete the application form after having been notified of the additional information or documents requested.
The Special Event Organizer does not satisfy or fails to meet the requirements of the City of Solvang Special Events Guide which include but are not limited to: failing to provide required insurance, indemnity, and/or applicable fees.
The Special Event Organizer has damaged City property and has not paid in full for such damage or has other outstanding and unpaid debts related to a prior special event permit issued by the City.
The City previously received an application to hold another event at the same time and location requested by the Special Event Organizer, or so close in time and place as to cause undue traffic congestion or create an infeasible parking demand or the City is unable to meet the needs for necessary services for both special events.
The concentration of persons, animals, and vehicles at the special event venue is reasonably likely to prevent proper police, fire, or ambulance services to the event.
The special event venue is reasonably likely to substantially interfere with any construction or maintenance work scheduled to take place on the proposed special event venue or with a previously granted encroachment permit.
The special event is reasonably likely to occur at a time when school is in session at a location adjacent to the school, and the noise created by the activities of the special event would substantially disrupt the educational activities of the school or the ability to transport school age children to and from school.
The size, scope and duration of the proposed special event is not compatible with the special event venue or surrounding neighborhood.
There is insufficient time to plan or organize for the Special Event in a manner that is consistent with how the City permits Special Events and with the needs of public health and safety.
Whenever possible, rather than denying an application based on the above-stated reasons, the City shall request the applicant modify their event.
Should the City Manager or their designee deny an application for the special event permit or revoke a special event permit, the Special Event Organizer for such application or permit may appeal the decision consistent with Title 1, Chapter 6 of the Solvang Municipal Code. 129
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MANDATORY MEETINGS
The City’s Special Event Coordinator holds meetings throughout the year with event organizers for the purposes of pre-event coordination, post-event evaluation and discussion of special needs or issues unique to the event. These meetings will be coordinated with the event organizer. The number of meetings will depend on the size and scope of your event, whether the event is new or recurring, and/or if there have been issues in the past. The City’s Special Event Coordinator will invite representatives from other City departments to these meetings as appropriate. You are encouraged to include appropriate event personnel in these meetings.
FEES AND PAYMENT DEADLINES
Special Event Application Fee
This is a non-refundable $135 paperwork processing fee that is due at time of submittal of the application. Payment of the application fee does not guarantee that any or all aspects of the application will be approved.
Special Event Deposit
Prior to issuance of the special event permit, and in addition to the non-refundable application fee, the special event organizer shall pay to the city a refundable deposit, in an amount to be set by resolution of the city council not less than thirty (30) days after approval of special event application. The City reserves the right to charge a higher deposit as determined at the discretion of the City Manager if the event is large-scale. This deposit will be returned to the special event organizer after the special event if the requirements of the City of Solvang Special Events Guide, and the special event permit terms were met and no damage to city property occurred.
City Maintenance Crew Assistance Fee
If Maintenance is deemed a requirement during your set-up, event hours, or break down, you will be charged at a rate of $97 per hour per person with a minimum of a two-hour charge per person. For assistance needed at events held outside of normal business hours, a four-hour staff time minimum shall apply. You will receive an estimate of the anticipated costs for staff time prior to issuance of your permit.
Sheriff’s Fees
A Santa Barbara County Sheriff’s Service Agreement must be filled out for all events that include a parade or involve the distributing or selling of alcohol. The Sheriff’s Department will provide a cost estimate for services or waive services if deemed appropriate. Such fees will be paid directly to the City on behalf of the Sheriff’s Department. Sheriff fees must be paid no later than thirty (30) days prior to your event.
Vendor Fees
If your special event includes vendors selling or offering to sell any goods, wares, personal property, food, beverages, merchandise, or services each vendor must pay a $50 vendor fee.
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for all vendors to the City the first business day after conclusion of event. Non-profit groups and those that hold a current City of Solvang business license are exempt from the $50 vendor fee.
As well as those vendors that are considered a non-vendor. (See definition of a non-vendor).
RULES AND REGULATIONS
Accessibility Requirements
As an event organizer, you are required to comply with all city, county, state and federal disability access requirements applicable to your event. All temporary structures, related structures, and outdoor sites for special events shall be accessible to persons with disabilities. If a portion of the area cannot be made accessible, an alternate area shall be provided with the same activities that are in the inaccessible areas. Disability access may include parking, restrooms, clear paths of travel, transportation, signage, accessible vendors, and booths. As an organizer, you may choose not to allow pets at your event. In these cases, accommodations must be made for service animals in accordance with the Americans with Disabilities Act. For more information, please visit: Service Animals and the ADA .
Alternate Transportation
The City requires all event organizers to advertise in any of their electronic media or printed event materials for the Santa Ynez Valley Transit as an alternative transportation option in order to ease the congestion and parking issues that occur when people drive their vehicles to an event. Also, other alternative transportation options should be encouraged which include carpooling, ridesharing, or encouraging people to walk, bike or take other forms of public transportation. Additionally, providing a shuttle service, offsite parking locations and dedicated drop-off and pick-up areas for rideshare drivers are strongly encouraged to lessen traffic congestion around your event.
Alcohol Requirements
If you plan to sell or distribute alcoholic beverages at your event, you will be required to obtain a permit from the State of California Department of Alcoholic Beverage Control (ABC). ABC requires an endorsement of their application from local law enforcement and approval from the property owner (the City) before issuing such a permit. Please see below for other requirements when selling or serving alcohol.
• Obtain a Daily License Application from the Alcohol Beverage Control (ABC). For information and licensing procedures visit: ABC Information. • At least one person serving alcohol in each conditioned area must be Responsible Beverage Service Training (RBS) trained and certified. This person must be present at the event and actively oversee the alcohol service for the entire duration of the event. The State of California Alcohol Beverage Control (ABC) offers a free RBS Training which can be found here:
https://www.abc.ca.gov/education/rbs/.
• Indicate the designated conditioned area(s) on your site plan and include the 131
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dimensions of area(s) and mark the entrances and exits. • Provide fencing for your conditioned area(s). Must include the appropriate number of emergency exits as determined by Santa Barbara County Fire Department.
• Check the identification of all persons entering such areas. Only those 21 years and older are allowed.
• “No alcohol beyond this point” signage at the exits.
• Use of glass beverage bottles and cups is prohibited. • Alcohol service to stop 30 minutes before the end of an event.
Amplified Music and Sound
Amplified Music/Sound and/or Live Musical Performances during a special event are restricted to the hours of eight (8:00) am to nine (9:00) pm. Amplified Music/Sound and/or Live Musical Performances will not be allowed when there are competing uses in the same area.
Cancellations
All cancellations must be emailed to the Special Event Coordinator at [email protected]. The permit application fee is non-refundable and nontransferable. Since most special events require months of pre-planning, we expect you to give prior consideration to the time of year chosen and that your event will occur “rain or shine.” However, if rain is predicted and you decide to cancel within five days prior to your event, no monetary refund will be given but we will work with you to reschedule your event to another available date.
Clean-Up Activities
As an event organizer, you must ensure the proper disposal of waste and garbage throughout the term of your event, and immediately upon conclusion of the event, the area must be returned to a clean condition which include but not limited to, the proper disposal of waste and garbage throughout the special event, removal of all equipment, booths, signage, fencing, and decorations brought in by the special event organizer or contracted service providers of the special event organizer. A cleaning crew, staffed with your organization’s personnel or volunteers, is required to clean during and at the end of each day of an event. Depending on the size and impact of your event, you may be required to hire a professional cleaning company to clean the streets, sidewalks, landscape areas or parking lots. The event area must be cleaned to the satisfaction of the City.
Compliance with the Law
Event Organizers and participants in special events must comply with all applicable laws, ordinances and regulations adopted or established by Federal, State or local government agencies or bodies.
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Interference with a Special Event Prohibited
It is unlawful for any person to willfully interfere with or disrupt a special event. SMC 8-9-10 Special Event Standards
The following standards shall apply to all issued special event permits:
Duration/Number of Days
• The maximum duration of a special event shall be three (3) consecutive days, including time for set-up activities and clean-up activities.
Repetitions
• Any one (1) special event organizer shall be limited to two (2) special event permits per calendar year.
Duration/Hours
• Special events may occur between the hours of (7:00) am and ten (10) pm, including set-up activities and clean-up activities, but public attendance at a special event shall be limited to the hours between eight (8:00) am and nine (9:00) pm.
Frequency
• Special events that close city streets and/or parking lots must have a minimum of two (2) weeks between the special events.
Usage of Solvang Park
• Special events shall not occupy more than seventy-five percent (75%) of Solvang Park and shall not occupy the picnic benches, so that non-event participants can concurrently use the park.
Variations
The City Manager or their designee may grant variations from these standards if the following findings are made:
• The variation is required due to a special circumstance applicable to the special event that does not create a public health and safety issue.
• The variation will not conflict with the intent and purpose of this guide or any applicable ordinances and policies.
• The special event organizer agrees to comply with all additional conditions imposed by the City Manager or their designee in granting variations from these standards.
Use of Stakes
To protect turf and irrigation, the use of stakes to anchor tents, canopies, inflatable bouncers, stages, etc. is strictly prohibited. If you are planning to have anything that needs to be anchored down, please plan accordingly. Exceptions to this policy may be granted under certain conditions.
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PERMITS AND COMPLIANCE ITEMS
There are a number of different special event-related permits that may be required in conjunction with a dually countersigned special event permit. The proposed event venue, activities, components, attendance, and unique circumstances of the event are contributing factors to the final determination of the required permits. The City of Solvang maintains sole discretion to determine the required permits for the proposed venue and/or components of your event. Below is a list of the most common permit types you may be required to obtain. Your special event permit will list any supplemental permits and provisions that will be required.
These permits and “compliance” items must be received no later than 30 days prior to your event before issuance of your countersigned special event permit.
Indemnification Requirements
Event Organizers agree to indemnify, hold harmless and defend the City of Solvang, its Council and all of its officers, agents, members of its commissions, volunteers and employees from and against any and all liabilities, damages, judgments, actions, costs, claims and expenses, including legal fees, on account of personal injury or death or damage to or loss of property arising out of or resulting from, in any way, any act or omission, negligence, fault or violation of law or ordinance of the Event Organizer, of its representatives, employees, agents, subcontractors, patrons, vendors, or invites or any other person entering the special event venue with implied or express permission of the Event Organizer or its representatives in connection with the use of City property permitted under this Agreement or adjacent properties. Event Organizer shall give to the City prompt and timely written notice of any claim made or suit instituted coming to its knowledge which may in any way directly or indirectly, contingently or otherwise affect either the City or Event Organizer related to, arising out of, or resulting from in any way the Event Organizers use of City property under this Agreement or use of adjacent properties, and both parties shall have the right to participate in the defense of same to the extent of its own interest. Approval of insurance policies by the City shall in no way affect or change the terms and conditions of this indemnity.
Insurance Requirements
• All event organizers must provide insurance coverage that is maintained for the duration of the event including set-up and dismantle dates not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
General Liability Insurance
• General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
Commercial General Liability
• Commercial general liability insurance with coverage at least as broad as in an amount 134
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not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
Duration of Coverage
• The Event Organizer shall procure and maintain for the duration of the event, insurance against claims for injuries to persons or damages to property, which may arise from the Event Organizer’s use or occupancy of any public property and adjoining property.
General Liability Insurance
• General liability policies shall provide or be endorsed to provide that The City of Solvang and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
The City reserves the right to require additional lines of insurance, such as:
Automobile Liability Insurance
• Event Organizer shall maintain automobile insurance covering bodily injury and property damage for all activities of the Event Organizer arising out of or in connection with the event, including coverage for any owned, hired, non-owned, or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
Third Party Insurance
• If Event Organizer contracts with a third-party service provider (e.g., caterer), Event Organizer will require the service provider to procure and maintain at its sole cost and expense comprehensive general liability insurance in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, and if applicable, liquor liability coverage in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, or other lines of coverage the City requires. Both The City of Solvang and Event Organizer shall be endorsed as additional insureds.
Liquor Liability Insurance
• Event Organizer shall maintain full liquor liability insurance coverage in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate.
Workers’ Compensation Insurance
• Event Organizer shall maintain workers’ compensation insurance (statutory limits) and employer’s liability insurance (with limits of at least $1,000,000). Event Organizer shall submit to the City along with the certificate of insurance, a waiver of subrogation endorsement in favor of the City, its officers, agents, employees, and volunteers.
Other insurance provisions or requirements
The City of Solvang reserves the right to apply this provision to other lines of required insurance coverage. (e.g., professional liability, sexual abuse, and molestation policies).
Primary/Non-Contributing
• Coverage provided by Event Organizer shall be primary, and any insurance or selfinsurance procured or maintained by the City shall not be required to contribute with it. 135
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The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance policies shall include or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City before the City’s own insurance or selfinsurance shall be called upon to protect it as a named insured.
Waiver of Subrogation
• All insurance coverage maintained or procured pursuant to the Special Event Application shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow Event Organizer or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. The Event Organizer hereby waives its own right of recovery against the City and shall require similar written express waivers and insurance clauses from each of its vendors.
Notice of Cancellation of Insurance
• Event Organizer agrees to oblige its insurance agent or broker and insurers to provide The City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. • The Event Organizer agrees to oblige its insurance agent or broker and insurers to provide the City with thirty (30) day notice of any change of coverage or limits.
Acceptable Insurers
• All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by City.
Enforcement of Agreement Provisions (Non Estoppel)
• Event Organizer acknowledges and agrees that any actual or alleged failure on the part of the City to inform Event Organizer of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder Requirements Not Limiting.
• Requirements of specific coverage features, or limits contained in this section, are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all-inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Event Organizer maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by Event Organizer. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. 136
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• Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to the City and approved of in writing.
Right to Revise Specifications
• The City reserves the right at any time during the term of the event to change the amounts and types of insurance required by giving the Event Organizer at least thirty (30) days’ advance written notice of such a change.
• However, the City reserves the right to give less than thirty (30) days’ notice if the City first becomes aware of an issue and needs to change the amounts and types of insurance within thirty (30) days of the scheduled event.
Timely Notice of Claims
• Event Organizer shall give the City prompt and timely notice of claims made or suits instituted that arise out of or result from Event Organizers use or occupancy of the special event venue and adjoining property, and that involve, or may involve, coverage under any of the required liability policies.
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Notification of Event
Should your event require the closure or restriction of any public right-of-way, such as a sidewalk, alley, or street, you will be required to inform the public, including businesses and residences, within 500 feet of any closure or restriction at least two weeks prior to the event. The notification should include such details as the name of the event, the name and number of the event organization and/or applicant and the event coordinator (if applicable), the hours of the event and a description of the type of impacts the residents and businesses may experience.
Notification must be approved by the Special Event Coordinator before distribution.
Medical Plan
Medical plans must include a detailed plan of first aid and medical stations. Please include the locations of such stations on the site map and the hours of operation. Please list the types of services that will be provided and the staff/volunteers’ names and contact numbers.
Parades
The City has pre-approved routes you will be required to use and are listed on the application.
Please indicate which route you are requesting. The Public Works Director and the Sheriff’s Department must approve any such request. The following is also required for parades:
• A Caltrans Encroachment Permit is required for routes that use Mission Dr/Highway 246.
Caltrans Encroachment Permits will be handled by the Director of Public Works. • The Sheriff’s Department will provide a estimate for services to monitor the parade route.
Such costs will be paid directly to the City on behalf of the Sheriff’s Department. Sheriff fees must be paid no later than thirty (30) days prior to your parade. • Event Organizer MUST provide volunteers to assist with traffic control and undertake activities related to traffic control. The Public Works Department will let you know the number of volunteers required. A list of the names of volunteers along with their contact details and assigned shifts is mandatory and must be submitted to the City a minimum of a week prior to your parade. If the required volunteer list is not received and/or failure of volunteers report to assigned post prior to parade, this may result in cancellation of the parade and/or shortening of parade route. Parades that start late or run over time will incur additional costs.
• A street sweeper must be contracted to clean the route immediately following the conclusion of the parade when animals are included as part of the parade or is deemed necessary by the City.
Portable Toilet Contract
Depending on the size of your event, its duration, and whether food and/or beverages are served, you may be required to provide portable toilets at the rate of one chemical toilet for every 150 - 250 expected attendees. Please note that at least 10% of the toilets must be handicapped-accessible. Some events may be required to service their toilets during the day, depending on the volume of people and the duration of the event. Please keep in mind that permanent bathrooms on site are not factored in when determining the number of restrooms needed. Permanent restrooms are intended for the normal activity of public spaces and hours of operation and are not intended to accommodate public events. A copy of a contract from the portable toilet vendor, including delivery and pick-up times that fall within the permit period, must be provided two weeks prior to your event as proof of compliance. 138
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Professional Cleaning Contract
Cleaning during and after an event by a professional company may be required for events, if determined by City staff that there is past history of poor cleanup and/or use of event staff and volunteers was insufficient to accomplish the task successfully. Requirements for professional services may include the following:
• Pickup of any overflowing trash from trash/recycle containers (cardboard event boxes and permanent trash/recycle receptacles) within the event area. • Thorough clean-up of any residual trash/litter from event area, including all streets sidewalks, gutters, drain inlets, catch basins and planters. • Power washing with a water collection system (if required). A copy of a contract from the cleaning company must be provided one week prior to your event as proof of compliance.
A copy of a contract from the professional cleaning company, including delivery and pick-up times that fall within the permit period, must be provided one week prior to your event as proof of compliance.
Should you fail to perform adequate cleanup or damage occurs to City of Solvang property and/or facilities due to your event, you will be billed at full recovery rate plus overhead for cleanup and repair.
Site Plan
The site plan you include with your special event application is a visual representation of all the infrastructure and operational event elements that you describe throughout your application.
This is required of all events. All events are required to provide a rough event site plan and/or route map with the special event application in order for the Special Events Coordinator to set fees and requirements correctly. The final site plan/route map must be provided one month prior to your event. The site plan must show the total dimensions of the event footprint and all items placed inside the footprint, including but not limited to:
• Tent Structures
• Stages
• Canopies
• Generators
• Tables
• Bleachers
• Medical Station
• Food, Merchandise, and Information Booths
• Beer/Wine Garden(s)
• Fence around the conditioned area
• Equipment/vehicle parking areas
• Kids’ Activities (Inflatables, Face Painter etc.)
• Sheriff Placement
• Interior and perimeter fencing, with dimensions
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• Portable Toilets
• Trash Cans
• Dumpsters
• Storage Trailers
• Light Towers
Temporary Food Facility Organizer’s Permit
All Event Organizers are required to submit a Temporary Food Facility Organizer Application at least two weeks prior to the start of the event to County of Santa Barbara Public Health for events where there will be more than one (1) food and/or beverage vendor. See link for instructions. Temporary Food Facility Permit
Tent Permit
If you are planning to use a tent larger than 400 sq. ft. with walls or a tent larger than 700 sq. ft. with no walls, or multiple tents that exceed 700 sq. ft., you will need to obtain a tent permit from the Santa Barbara County Fire Department (SBFD). Open flames are prohibited in tents.
Application for a tent, canopy, or temporary membrane structure, can be found here.
Email applications to [email protected] and cc [email protected].
Traffic Control Plan
All traffic control must be in accordance with the California Manual on Uniform Traffic Control Devices and must also highlight volunteers and police personnel where appropriate. Should your event require the closure or restriction of any public right-of-way, such as a sidewalk, alley, or street, you must submit a traffic control plan with your application.
Trash/Recycling Contract
Event is responsible to provide trash cans and recycling containers throughout the event site.
Events with 300 or more people may be required to provide at least one trash dumpster and a recycling dumpster may also be required if cardboard and other recyclables generated from food and beverage are a large part of your event.
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Vendors
The City of Solvang encourages the use of local vendors in all special events and vendors that do not sell products that are not in direct competition with local merchants in the Tourist Related commercial District (TRC). All vendors must sign a Vendor Hold Harmless and if selling of any sort will be conducted, the vendor(s) must provide and pay a special events Vendor Fee and provide liability insurance naming the City of Solvang as additionally insured if the vendor(s) is/are not covered by event organization. Non-profit vendors or those that currently hold a Solvang Business License do not need to pay a vendor fee. A list of all vendors must be submitted to the Special Event Coordinator before the first day of the event.
Any vendor that is distributing food and/or beverages must apply to obtain a Temporary Food Facility Booth permit at least two weeks prior to the start of the event to County of Santa Barbara Public Health even if the vendor already has a site-specific permit for their business.
See link for instructions. Temporary Food Facility Permit. 141
21 CITY OF SOLVANG | Special Events Guide
City of Solvang
Special Event Application
Applicant Name: ____________________________________________________________ Legal Name/ Event Organization: _____________________________________________________ If Non-Profit, Tax ID # ______________________________________________________________ Name of Event: ___________________________________________________________________ Date(s) of Event: __________________________________________________________________ Primary Contact: __________________________________________________________________ Primary Contact Phone Number: ________________________________________________________ Primary Contact Email Address: ________________________________________________________ Mailing address: __________________________________________________________________ Event Website (if applicable): ________________________________________________________ Type of Event:
___Auto Show ___Bike Ride Walk / Run ___Athletic Event
___Festival / Carnival ___Concert / Performance Parade ___Other If other, please describe:
___________________________________________________________________ Event Times
Set-Up Day/Date - Day 1: ___ Setup Times: _____
Event Day/Date - Day 1: ___ Event Times: _____
Event Day/Date - Day 2: ___ Event Times: _____
Event Day/Date - Day 3: ___ Event Times: _____
Breakdown Day/ Date - Day 3: Breakdown Times:
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Anticipated Attendance
Anticipated # of event personnel per day (vendors, staff, volunteers working the event): _______ Anticipated # of event attendees/spectators per day: _______ Grand total of anticipated # of people per day: _______ Traffic Control
Requesting to close a city street and/or public area for event? Yes ___ No___ List all streets and/or public areas and describe what will be set up in those areas. A city street map highlighting requested areas is mandatory.
Your street closure will require a contract with the Sheriff Department and/or City Maintenance Staff for traffic control service plans and proper placement of traffic control devices (TCD). All events will need to submit a traffic control plan. Please give details below on your plans for traffic control. You may submit in a separate document if necessary.
__________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ Details of your Event
Will there be selling and/or informational vendors at your event? Yes ___ No ___ # of Vendors selling food only ____ # of Vendors selling merchandise/services only ____ # of Non-Vendors passing out information only (no vendor fee required) ____ Will there be kid activities at your event? Yes ___ No ___ # of Inflatable Bouncer Houses/Slides ___Dimensions ______How will they be weighted____________________
Rock climbing wall___ Height ____
Arts & crafts (i.e., craft making, face painting, etc.) ___ Specify: _________________________________ Petting zoo___ Specify animals: __________________________________________________________ Carnival games/rides___ Specify: _________________________________________________________ Other________________________________________________________________________________ ____________________________________________________________________________________ 143
23 CITY OF SOLVANG | Special Events Guide
Will there be any entertainment features, musical, etc., included in your event? Yes ___ No ___ Please list.
____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ Will there be amplified music or announcements at any time during your event? Yes ___ No ___ Any additional elements unique to your event but not asked above? Yes ___ No ___ Describe_____________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ Trash/Recycling/Portable Toilets
Contracting with trash/recycling vendor? Yes___ No___ Please note, it may be required.
Company______________________ How many? Trash cans ___ Dumpsters ___ Recycling Containers ___
Contracting with portable toilet vendor? Yes ___ No ___ Please note, it may be required.
Company _____________________________________How many? Regular ___ ADA ___ Load-in Day & Time: __________________________________________________________________ Load-out Day & Time: _________________________________________________________________ Medical Station
Medical station to be staffed by event staff/volunteer? Yes ___ No ___ First Aid/CPR Certified? Yes___ No___
First aid station to be staffed by professional company? Yes ___ No ___ Company __________________
Parking and Alternative Transportation
Using nearby free parking lot(s)? Yes ___ No ___
Is there a shuttle plan? Yes ___ No ___ Describe_____________________________________________ Will there be other alternative transportation? Yes ___ No ___ Describe___________________________ Food / Beverage Vendor
Will food and/or non-alcoholic beverages be prepared at this event? Yes ___ No ___ # of expected vendors: ___
Will Liquid Propane Gas (LPG), Open Flame, or Generators be used? Yes ___ No ___ Alcohol Service:
Will you be serving or selling alcoholic beverages at your event? Yes ___ No ___ What type of alcohol are you planning to serve? ___Beer ___Wine How will IDs be checked? _________________________________________________________ 144
24 CITY OF SOLVANG | Special Events Guide
What is the maximum number of drinks allowed per person? _____ How will this be monitored? Describe.
____________________________________________________________________________________ ____________________________________________________________________________________ What materials are you planning to use as a perimeter of the beer/wine garden conditioned area?_______________________________________________________________________________ What will the dimensions of the beer/wine garden conditioned area be? __________________________ How will the beer/wine garden conditioned area be monitored? ____________________________________________________________________________________ ____________________________________________________________________________________ Parades:
Does your event include a parade? Yes ___ No ___
If yes, which route will you be using?
Route A: Begins at Veteran’s Memorial Building. Right on Mission Drive, Left on Fourth Place, Left on Copenhagen Drive, Left on Alisal Road, Right on Mission Drive, returning to Veteran’s Memorial Building Parking Lot.
15 volunteers required - Caltrans Encroachment Permit WILL be required.
Route B: Begins at Veteran’s Memorial Building. Right on Mission Drive, Left on Atterdag Road, Left on Copenhagen Drive, Left on Alisal Road, Right on Mission Drive, returning to Veteran’s Memorial Building Parking Lot.
10 volunteers required - Caltrans Encroachment Permit WILL be required.
Route C: Route to be determined by City Staff based on the size/scope of parade.
Site Plan:
To ensure your application is reviewed promptly, please attach your site/route plan depicting the proposed layout for your event. Please refer to the Special Event Guide for details of what should be included in your site/route plan on page 17.
Tents:
Does your event include a tent, canopy, or temporary membrane structure? Yes ___ No ___ How many? ___ Tents and canopies require Santa Barbara County Fire Department approval. 145
25 CITY OF SOLVANG | Special Events Guide
Affidavit of Applicant
I certify that the information contained in the forgoing application is true and correct to the best of my knowledge and that I have read, understood, and agree to abide by the guidelines governing the proposed Special Event under the City of Solvang Municipal Code. I understand that this application is subject to the rules and regulations established by the City Council and/or the City Manager or their designee. I agree to comply with all other requirements of the City, County, State, Federal, and any other applicable entity, which may pertain to the use of the Event venue and the conduct of the Event.
I agree to abide by these rules, and further certify that I, on behalf of the Event Organization, am also authorized to commit that organization, and therefore agree to be financially responsible for any costs and fees that may be incurred by or on behalf of the Event to the City of Solvang and contracted services.
I agree to all conditions stated in the Special Event Guide and Application:
Legal Name of Organization: ___________________________________________________ Applicant
Signature: ___ Print Name:
Title: _
Phone: Email: ____________________________
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Hold-Harmless Agreement
The undersigned (hereinafter the “applicant”) understands and agrees to be personally responsible for any damage sustained to the grounds, buildings, fixtures, or equipment, as a result of his/her/its use of City property.
The applicant certifies that he/she/it has read and agrees to the City’s Special Event procedures, and acknowledges and understands that additional conditions and fees may be imposed or required at the time of the permit issuance.
The applicant shall hold harmless, defend, and indemnify the City of Solvang, its elected officials, officers, employees, agents, and volunteers from any damages that may arise as a result of the conduct of the special event for which the permit is being sought. The applicant agrees to defend, protect, indemnify, and hold the City of Solvang, its elected officials, officers, employees, agents and volunteers free and harmless from against any and all claims, damages, expenses, loss or liability of any kind or nature whatsoever arising out of or allegedly arising out of, related to, or resulting from the conduct of the permitted event or activity. The applicant shall, at applicant’s own cost, risk and expense, defend any and all claims and all legal actions that may be commenced or filed against the City of Solvang its elected officials, officers, employees, agents and volunteers, and the applicant shall pay any settlement entered into and shall satisfy any judgment that may be rendered against the City of Solvang, its elected officials, officers, employees, agents and volunteers resulting from the permitted event or activity.
I hereby submit this Application for a Special Event Permit for the event described in this application.
Applicant Name Applicant Signature Date
City Manager and/or designee - Name
City Manager and/or designee – Signature Date
Approve Event Deny Event
Comments:
Stipulations for issuing permit:
Reason for denial:
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VENDOR HOLD HARMLESS AND AGREEMENT NOT TO SUE
Name of Event: ________________________________________________________________ Date(s) of Event: _______________________________________________________________ Primary contact: ________________________________________________________________ Primary Contact Phone Number: ___________________________________________________ Primary Contact Email Address: ____________________________________________________ I, ______________________ (FULL NAME), fully understand that my participation in the ____________________ (hereinafter "event") exposes me to the risk of personal injury, death, communicable diseases, illnesses, viruses, or property damage. I hereby acknowledge that I am voluntarily participating in this event/class and agree to assume any such risks.
I hereby release, discharge and agree not to sue the City of Solvang for any injury, death or damage to or loss of personal property arising out of, or in connection with, my participation in the event from whatever cause, including the active or passive negligence of any participants in the event. The parties to this AGREEMENT understand that this document is not intended to release any party from any act or omission of “gross negligence,” as that term is used in applicable case law and/or statutory provision.
In consideration for being permitted to participate in the event, I hereby agree, for myself, my heirs, administrators, executors, and assigns, that I shall indemnify and hold harmless the City of Solvang from any and all claims, demands actions or suits arising out of or in connection with my participation in the event.
I HAVE CAREFULLY READ THIS RELEASE, HOLD HARMLESS AND AGREEMENT NOT TO SUE AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT IT IS A FULL RELEASE OF ALL LIABILITY AND SIGN IT ON MY OWN FREE WILL.
Date
Applicant Signature
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SANTA BARBARA COUNTY SHERIFF’S DEPARTMENT SOLVANG
CITY POLICE SERVICE AGREEMENT
The below named applicant and/or event organization hereby agrees to have the Santa Barbara County Sheriff’s Department provide Police Security/Traffic Control on the following date and time, at the following event and location:
NAME OF APPLICANT / CONTACT: _______________________________PHONE: ____________________ APPLICANT ADDRESS: ___________________________________________________________________ EVENT ORGANIZATION: ___________________________________________________________________ TYPE OF EVENT/SERVICE NEEDED: ________________________________________________________ ESTIMATED ATTENDANCE: _______________________________________________________________ LOCATION: _____________________________________________________________________________ DAY / DATE: _______________________________________________________________________________ TIME OF SERVICE: FROM _____TO _____
ALCOHOL SERVED/SOLD YES NO FROM TO
I further understand that this is not an agreement to rent any buildings or equipment, but only an agreement to provide a police service. Deputies will start one-half hour prior to serving alcohol and/or before the start of the event and finish one-half hour after the conclusion of the event, except when additional time is required by activities related to the event. Payment for police service fees must be received by the City of Solvang, 30 days prior to the event, or upon reservation if made less than 30 days before the event. Police services cannot be guaranteed if received less than 5 days prior to the event.
Note: A minimum of two (2) deputies is required for an event, each working a minimum of three (3) hours, for a total of (6) hours minimum.
I understand that I must contact the City of Solvang and meet all terms and conditions for this event.
A copy of this agreement must be returned to the City for billing purposes. The Sheriff’s Department requires a 48-hour notice of cancellation to avoid fees.
I certify that I have read, understand, and agree to this contract agreement, and the answers given herein are true and complete to the best of my knowledge.
APPLICANT SIGNATURE DATE
SHERIFF’S DEPARTMENT
Number of Deputies x HOURS per Deputy = TOTAL HOURS
TOTAL HOURS OF DEPUTIES HRS x ($_____/HRS) = ________
Total Security Deposit = $
SIGNATURE TODAY’S DATE
RETURNED TO SOLVANG CITY BY DATE__________________
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Solvang Park Site Map
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Solvang Parking Lot 2 Map
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Downtown Solvang Aerial Map
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R 23-11 Special Events Recommend Ordinance
RESOLUTION NO. 23-11
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SOLVANG, CALIFORNIA RECOMMENDING THE CITY COUNCIL ADOPT AN ORDINANCE AMENDING TITLE 11, CHAPTER 12 OF THE SOLVANG MUNICIPAL CODE TO REMOVE SPECIAL EVENTS AND AMENDING TITLE 8 BY ADDING A NEW CHAPTER 9, SPECIAL EVENTS TOTHE SOLVANG MUNICIPAL CODE WHEREAS, The Planning Commission is required under Solvang Municipal Code Section 11- 17-3 to provide recommendations to the City Council regarding amendments to Title 11 as the City’s zoning code; and
WHEREAS, Section 11-12-8 of the Solvang Municipal Code (“Code”) contains regulations for Special Events, which are defined as events that the general public is invited to but is regularly allowed by a land use permit; and
WHEREAS, the City recognizes that Special Events require more robust policies and procedures than what is contained in Section 11-12-8 and they have been historically administered by the Parks and Recreation Department and the City Manager or their designee versus what the existing ordinance requires, which is the Planning Manager / Director; and WHEREAS, the City proposes to amend Section 11-12-8, Special Events, amending language to reference a new code section; and
WHEREAS, the City proposes to amend Title 8, and add a new chapter entitled Special Events Chapter 9) that provides standards and regulations for all special events utilizing city property including but not limited to parks, plazas, and street rights-of-way; and WHEREAS, the Planning Commission held a duly noticed public hearing on November 6, 2023, at which time it heard public input and considered the drafted amendments to the City’s regulations, and recommended the City Council approve the amendments; and
NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF SOLVANG DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Planning Commission of the City of Solvang hereby recommends the City Council adopt amendments to Title 11, Chapter 12 of the Solvang Municipal Code to remove Special Events and amending Title 8 by adding a new Chapter 9, Special Events to the Solvang Municipal Code, attached hereto as Exhibit “A”, and make a determination of exemption pursuant to the Section 15061(b)(3) of the guidelines for implementation of the California Environmental Quality Act (CEQA).
SECTION 2. The Planning Commission find makes the following findings for a Zoning Ordinance Amendment consistent with Solvang Municipal Code Title 11, Section 7-3:
1. The request in the interests of the general community welfare; Fact. The proposed amendments will remove the “special events” section from the Zoning Ordinance into Title 8, Public Ways and Property, as the section pertains to events that take place on City Owned property. The proposed amendment also delineates responsibilities for administering the ordinance from the Planning Manager/Director to the City Manager. The City Manager has historically deferred administration of this ordinance to the Parks and Recreation Department, to which the Planning and Building Department had little to no involvement. The proposed ordinance would bring in line current practices and efficiencies.
2. The request is consistent with the general plan, the requirements of state planning and zoning DocuSign Envelope ID: ECF8503B- 696F-485F-AFFB- 77B781DA396C Attachment C
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R 23-11 Special Events Recommend Ordinance
laws and other provisions of Title 11 of the Solvang Municipal Code:
Fact. The proposed amendment is consistent with the General Plan, zoning laws, and other provisions as Special Events policies and regulations will be codified and alleviate any ambiguity that the existing ordinance provides, thereby meeting goals and policies pertaining to economic development.
3. Finds that the proposed amendments are consistent with good zoning and planning practices:
Fact. The proposed ordinance eliminates the role of the Planning and Building Department from administering special events permits, which is more a function of the Administration, Public Works, and Parks and Recreation Departments, which is consistent with current and previous practices of the city.
SECTION 3. The Recitals set forth above are true and correct and are adopted as findings in support of this Resolution.
SECTION 4. This Resolution is 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 this 6th day of November, 2023.
Jack Williams, Chair
APPROVED AS TO FORM: ATTEST:
Chelsea O’Sullivan, Assistant City Attorney Annamarie Porter, City Clerk DocuSign Envelope ID: ECF8503B- 696F-485F-AFFB- 77B781DA396C 154
R 23-11 Special Events Recommend Ordinance
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. 23-13 was passed and adopted by the Planning Commission of the City of Solvang at a regular meeting of said Planning Commission held on the 6th day of November, 2023, and thereafter signed and approved by the Chair and attested by the City Clerk, and that said resolution was adopted by the following vote:
AYES: ADLER, GOLD, JAMIESON, PETERSEN, WILLIAMS
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Annamarie Porter, City Clerk
DocuSign Envelope ID: ECF8503B- 696F-485F-AFFB- 77B781DA396C 155
Exhibit A
ORDINANCE NO. 23-____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOLVANG, CALIFORNIA AMENDING TITLES 8 AND 11 OF THE SOLVANG MUNICIPAL CODE TO ESTABLISH STANDARDS AND
REGULATIONS FOR SPECIAL EVENTS
WHEREAS, the Solvang Municipal Code (“Code”) currently has minimal standards and regulations for Special Events on city owned property contained in Title 11 that require authorization from the Planning Manager;
WHEREAS, the City recognizes that Special Events require more robust policies and procedures than what is contained in Section 11-12-8 and that special event permits have been historically administered by the Parks and Recreation Department and the City Manager or their designee; WHEREAS, the City proposes to amend Section 11-12-8, Special Events, amending language to reference a new chapter in Title 8;
WHEREAS, the City proposes to amend Title 8 to add a new Chapter 9 entitled Special Events that provides standards and regulations for all special events utilizing city property including but not limited to parks, plazas, and street rights-of-way;
WHEREAS, on November 6, 2023 the Planning Commission determined that the proposed amendments to Title 11 are consistent with the general plan, the requirements of state planning and zoning laws and other provisions of Title 11 of the Solvang Municipal Code; are in the interests of the general community welfare; are consistent with good zoning and planning practices; and exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3); WHEREAS, on November 6, 2023 the Planning Commission at a duly noticed public hearing adopted Resolution 23-11 recommending the City Council adopt the proposed amendments to Title 11 modifying the Special Events section; and
WHEREAS, the City Council finds it necessary to amend the Code to establish clear standards, and regulations pertaining to Special Events to further goals and policies established by the City Council upon its direction to city staff.
NOW, THEREFORE, the people of the chartered City of Solvang do ordain as follows:
SECTION 1. Add Chapter 9 Special Events to Title 8 Public Ways and Property to read as follows:
CHAPTER 9 SPECIAL EVENTS.
8-9-1 Title and Purpose
8-9-2 Definitions
8-9-3 Special Event Permit Required
8-9-4 Application Process and Fee
8-9-5 Special Event Standards
8-9-6. Deposit and Additional Fees
8-9-7 Indemnification Agreement
8-9-8 Insurance Requirements
8-9-9 Permit Denial or Revocation.
8-9-10 Interference with a Special Event Prohibited
8-9-11 Appeals
8-9-1 Title, Purpose
DocuSign Envelope ID: ECF8503B- 696F-485F-AFFB- 77B781DA396C 156
A. Title. This chapter may be referred to as the City of Solvang Special Events Ordinance.
B. Purpose. It is recognized that special events enhance the City of Solvang lifestyle and provide benefits to the citizens through the creation of unique venues for expression and entertainment that are not normally provided as a part of governmental services. The purpose of this chapter is to:
1. Establish a coordinated process for managing special events on public property.
2. Minimize the impact to regular and ordinary use of public property and facilities.
3. Ensure the health and safety of persons attending an event as well as those using public property but not attending an event
4. Minimize conflicts between special events and other activities on public property
5. Prohibit illegal activities from occurring at special events
6. Protect the rights of special event organizers.
7. Balance the rights of people to engage in expressive activities protected by the United States and California Constitutions and the rights of others in the City’s public places by establishing a reasonable time, place, and manner regulation of constitutionally protected activities.
8. Minimize the financial impact of special events on the City by providing cost recovery from special event organizers to the extent authorized by law, while not unduly affecting the viability of events.
8-9-2 Definitions.
For the purpose of this chapter, the following definitions shall apply:
A. “ City of Solvang Special Events Guidebook” is a policy document containing the rules, regulations, forms and processes for special events that implements the requirements of this chapter. The City of Solvang Special Events Guidebook is published and approved by the City Manager and adopted by City Council resolution.
B. “ Clean-Up Activities” are defined as, but not limited to, the proper disposal of waste and garbage throughout the special event, removal of all equipment, booths, signage, fencing, and decorations brought in by the special event organizer or contracted service providers of the special event organizer.
C. “ Expressive Activity” is defined as conduct, the sole or principal object of which is the expression, dissemination, or communication of opinions, views, or ideas and for which no fee or donation is charged or is required as a condition of participation.
D. “ Highway” is defined as a public right of way for the purpose of travel or transportation, including California State Route 246 maintained and operated by the California Department of Transportation.
E. “ Non-Vendor” is defined as a person or organization that is not selling or offering to sell any goods, food, beverages, merchandise, or services within a special event venue.
F. " Public property" is defined as any city streets, sidewalks, parking lots, parks, or any other property owned or controlled by the city.
G. “ Set-Up Activities” are defined as, but not limited to, any equipment, booths, signage, fencing, and decorations brought in by the special event organizer or contracted services of the special event organizer.
H. " Sidewalk" is defined as a portion of a street, other than the roadway, set apart by curbs, barriers, markings, or other delineation for pedestrian travel.
I. " Sign" is defined as any sign, pennant, flag, banner, inflatable display, or other attention-seeking device.
J. " Special event" is defined as: “Any temporary organized activity that takes place upon any public property, public right-of- way, sidewalks, parks, or streets in a manner that varies from its current land use or otherwise requires a permit. These events may include, but are not limited to, festivals, athletic events, fundraisers, concerts, public assemblies, or any organized formation, parade, procession, or assembly consisting of persons, animals, vehicles or any combination thereof, traveling in unison with a common purpose on a public street, highway, DocuSign Envelope ID: ECF8503B- 696F-485F-AFFB- 77B781DA396C 157
alley, sidewalk, or other public right-of-way which does not comply with normal and usual traffic regulations or controls.”
K. " Special event organizer" is defined as any person, group or organization who conducts, manages, promotes, organizes, aids, hosts, or solicits attendance at a special event and has the personal legal capacity and responsibility for the special event and compliance with all permit terms and conditions.
L. " Special event permit" is defined as a permit issued under this ordinance.
M. " Special event venue" is defined as an area or location for which a special event permit has been issued.
N. " Street" is defined as a way or place of whatever nature, publicly maintained and open to use of the public for purposes of vehicular travel.
O. " Tax-exempt non-profit organization" is defined as an organization that is exempted from payment of income taxes by federal or state law and which has been in existence for a minimum of three months preceding the date of application for a special event permit.
P. " Vendor" is defined as any person who sells or offers to sell, any goods, wares, personal property, food, beverages, merchandise, or services within a special event venue. 8-9-3 Special Event Permit Required.
A. A special event permit is required for all special events except as provided in subsection B of this section. A person or organization is qualified to apply for a special event permit if they are the special event organizer.
B. A special event permit is not required for an expressive activity, provided however that a special event permit is required for expressive activities that include any of the following:
1. Erection of fencing, tents, stages, barricades, booths, or other structures.
2. Includes the distribution or sale of food, beverages, and/or merchandise.
3. Use of electricity
4. The closure of all or a portion of any street or sidewalk
5. Diversion or control of vehicular traffic in order to provide for the safety of participants.
6. Special events on private property that utilize city resources. 8-9-4 Application Process and Fee
A. Time for Submission. A special event organizer shall file an application for a special event with the city not less than 90 calendar days and no more than 365 before the proposed time of the special event. Notwithstanding the foregoing, where an expressive activity that requires a special event permit under Section 8-9-3 is prompted by a current event or other unplanned act or occurrence and the relevance of the expressive activity will be lessened or lost if the expressive activity cannot be held at the time and place and in the manner proposed, the special event organizer of such expressive activity shall notify the city at least thirty-six (36) prior to the anticipated time and place of such expressive activity.
B. Contents. An application for a special event permit shall include all information required by the City of Solvang Special Events Guidebook.
C. Fee. A special event organizer shall include with submission of their application for a special event permit, a non-refundable application fee in an amount established by resolution of city council. The city council shall set a lower non-refundable application fee for tax-exempt nonprofit organizations. 8-9-5 Special Event Standards
The following standards shall apply to all issued special event permits.
A. Duration/Number of Days. The maximum duration of a special event shall be three (3) consecutive days, including time for set-up activities and clean-up activities. This limitation does not apply to City-sponsored events approved by the City Manager or their designee.
B. Repetitions. Any one (1) special event organizer shall be limited to two (2) special event permits per year. This limitation does not apply to City-sponsored events approved by the City Manager or their designee.
DocuSign Envelope ID: ECF8503B- 696F-485F-AFFB- 77B781DA396C 158
C. Duration/Hours. Special events may occur between the hours of (7:00) am and ten (10) pm, including set-up activities and clean-up activities but public attendance at a special event shall be limited to the hours between eight (8:00) am and nine (9:00) pm.
D. Frequency. Special events that close city streets and/or city parking lots must have a minimum of two (2) weeks between the special events. This limitation does not apply to City-sponsored events approved by the City Manager or their designee.
E. Usage of Solvang Park. Special Events shall not occupy more than seventy-five percent (75%) of Solvang Park and shall not occupy the picnic benches, so that non-event participants can concurrently use the park.
F. Variations. The City Manager or their designee may grant variations from these standards if the following findings are made:
1. The variation is required due to a special circumstance applicable to the special event that does not create a public health and safety issue.
2. The variation will not conflict with the intent and purpose of this chapter or any applicable ordinances and policies.
3. The special event organizer agrees to comply with all additional conditions imposed by the City Manager or their designee in granting variations from these standards. 8-9-6 Deposit and Additional Fees
A. Deposit. Prior to issuance of the special event permit, and in addition to the non-refundable application fee required under section 8-9-4, the special event organizer shall pay to the city a refundable deposit, in an amount to be set by resolution of the city council. This deposit will be returned to the special event organizer after the special event if the requirements of this code, the City of Solvang special events guidebook, and the special event permit terms were met and no damage to city property occurred.
B. Additional Fees. Prior to the issuance of the special event permit, the special event organizer shall also pay to the city additional fees, of a type and in an amount established by resolution of the city council, to cover the city’s actual costs in relation to the special event. 8-9-7 Indemnification Agreement
Prior to issuance of a special event permit, the special event organizer must sign an agreement to reimburse the City for any costs incurred by it in repairing damage to City property occurring in connection with the permitted special event and proximately caused by the actions of the special event organizer, its officers, employees, agents, volunteers, or any person acting under the special event organizer’s direction or control, insofar as permitted by law. The agreement shall also provide that the special event organizer shall defend the City against, and indemnify and hold the City harmless from, any liability to any persons resulting from any damage or injury occurring in connection with the permitted special event proximately caused by the actions of the special event organizer, its officers, employees, agents, volunteers, or any person who was under the special event organizer’s control insofar as permitted by law and in a form consistent with this requirement and acceptable to the City Attorney. For purposes of this section, a person who merely joins in a special event is not considered, because of that act alone, to be “under the direction or control” of the special event organizer. 8-9-8 Insurance Requirements
A. Prior to issuance of a special event permit, the special event organizer must possess or obtain liability insurance from a reliable insurance company authorized to do business in the state, to protect against loss from liability imposed by law for damages because of bodily injury and property damage arising from the special event. Such insurance must name on the policy or by endorsement as additional insureds the City of Solvang and it’s elected and appointed officials, officers, employees, agents, and volunteers. Required coverage levels will be based on the size, scope and elements of the special event and will be determined by the city without regard to content or subject of the special event. Maintenance of this insurance shall be a condition of the permit.
B. A copy of the policy or certificate of insurance along with all necessary endorsements must be filed with the city prior to issuance of the special event permit, unless the city, for good cause, waives the filing deadline.
DocuSign Envelope ID: ECF8503B- 696F-485F-AFFB- 77B781DA396C 159
C. The insurance requirements shall be waived by the city for expressive activities upon the filing by the special event organizer of a verified statement that the cost of obtaining insurance is so financially burdensome that it would constitute an unreasonable burden on the right of First Amendment expression or that insurance coverage for the special event is not commercially available.
8-9-9 Permit Denial or Revocation.
The City Manager or their designee shall deny a special event permit application or revoke a special event permit only if they determine from a consideration of the application and/or other pertinent information that one or more of the following exists:
A. The special event organizer has knowingly made a false, misleading or fraudulent statement of fact to the City in the application process.
B. The special event organizer fails to complete the application form after having been notified of the additional information or documents requested.
C. The special event organizer does not satisfy the requirements of this chapter, including failing to provide required insurance, indemnity or applicable fees; fails to comply with any special event permit term; or fails to meet any requirement of the City of Solvang special events guidebook.
D. The special event organizer has damaged City property and has not paid in full for such damage or has other outstanding and unpaid debts related to a prior special event permit issued by the City.
E. The city previously received an application to hold another event at the same time and location requested by the special event organizer, or so close in time and place as to cause undue traffic congestion or create an infeasible parking demand or the city is unable to meet the needs for necessary services for both special events.
F. The concentration of persons, animals, and vehicles at the special event venue is reasonably likely to prevent proper police, fire, or ambulance services to the event.
G. The special event venue is reasonably likely to substantially interfere with any construction or maintenance work scheduled to take place upon the proposed special event venue or with a previously granted encroachment permit.
H. The special event is reasonably likely to occur at a time when school is in session at a location adjacent to the school, and the noise created by the activities of the special event would substantially disrupt the educational activities of the school or the ability to transport school age children to and from school.
I. The size, scope and duration of the proposed special event is not compatible with the special event venue or surrounding neighborhood.
J. There is insufficient time to plan or organize for the special event in a manner that is consistent with how the City permits special events and with the needs of public health and safety. 8-9-10 Interference with a Special Event Prohibited.
It is unlawful for any person to willfully interfere with or disrupt a special event permitted by this chapter. 8-9-11 Appeals
Should the City Manager or their designee deny an application for the special event permit or revoke a special event permit, the special event organizer for such application or permit may appeal the decision consistent with Title 1, Chapter 6 of the Solvang Municipal Code.
SECTION 2. Title 11, Zoning Regulation, Chapter 12, Section 8 “Special Events” (11-12-8) is hereby amended to read as follows:
Refer to Title 8, Chapter 9, Special Events.
SECTION 3. This ordinance shall become effective 30 days after its adoption.
SECTION 4. 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 DocuSign Envelope ID: ECF8503B- 696F-485F-AFFB- 77B781DA396C 160
shall be kept by the City Clerk.
PASSED, APPROVED, AND ADOPTED on this _____ day of ______ 2023.
Mark Infanti, Mayor
APPROVED AS TO FORM: ATTEST:
Dave Fleishman, City Attorney Annamarie Porter, City Clerk DocuSign Envelope ID: ECF8503B- 696F-485F-AFFB- 77B781DA396C 161
STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA )
CITY OF SOLVANG )
I, Annamarie Porter, City Clerk of the City of Solvang, California do hereby certify that the foregoing Ordinance No. 23-___ was duly introduced at a regular meeting of the City Council held on the _____ day of _______, 2023, and was duly adopted at a regular meeting of said City Council held on the _____ day of _________, 2023, 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
DocuSign Envelope ID: ECF8503B- 696F-485F-AFFB- 77B781DA396C 162
CITY COUNCIL STAFF REPORT
AGENDA ITEM 5.b
Meeting Date: December 11, 2023
SUBJECT: Public Hearing to consider adoption of Resolution No. 23-1238 approving a General Plan Amendment (2023-2031 6th Cycle Housing Element) and make a finding that the General Plan Amendment is exempt from California Environmental Quality Act (CEQA) requirements per Section 15061 of the CEQA guidelines.
PREPARED BY: Laurie Tamura, AICP, Contract Planner
A. Rafael Castillo, AICP, Planning Manager
DISCUSSION:
The City’s Housing Element is one of eight State-mandated elements of the Solvang General Plan and is a critical component of the City’s blueprint to provide affordable housing opportunities in the City. The element establishes housing goals, policies and programs in response to community conditions and needs. State Housing Element law requires that each city identify and analyze existing and projected housing needs within their jurisdictions, and prepare goals, policies, programs, and quantified objectives to further the development, improvement, and preservation of housing. The Housing Element is intended to outline goals and policies consistent with the City’s General Plan in addressing State requirements and laws.
The current Housing Element was adopted in April 2015 and covered the period from February 15, 2016 to February 15, 2023. The next cycle of the housing elements covers the period of February 15, 2023 to February 15, 2031. This new Housing Element will encompass housing policies and programs to be implemented through the year 2031.
The California Department of Housing and Community Development (HCD) set a deadline of February 15, 2023, for all jurisdictions within Santa Barbara County to complete their Housing Elements for submittal and approval, and also provide a 120-day grace period. The City missed its deadline for the Housing Element to be reviewed and approved by HCD, triggering the ability for project applicants to utilize new State Laws to facilitate housing developments outside of the City’s local control, including projects that do not conform with zoning but do meet policies in the existing General Plan and adopted Housing Element, known as “Builder’s Remedy”. At this time, the City has received one (1) such application for Site “C” contained in the Draft Housing Element. Adoption of the 2023-2031 Housing Element will not have any bearing on this submitted application, however, failure to adopt the Housing Element would allow for additional Builder’s Remedy applications to be filed and processed by City staff.
The City contracted with Minter Harnish (M&H) and Rincon and Associates to update its General Plan, including its Housing Element in early 2021. Over the past two and half years there have been several hearings on the General Plan and also on the Housing Element. During this time there were also many meetings by the appointed General Plan Advisory Committee (GPAC). As a part of its public participation program, there have been several ways for the public to participate in the update to the General Plan and the Housing Element. The city worked with M&H to set up a website “Imagine Solvang” and other marketing materials, newsletter, surveys, workshops, and hearings. In the Housing Needs Assessment (Pages H-9 to H-22) there is a detailed review of these efforts.
At the February 2023 City Council meeting, staff was directed to submit to HCD a working draft Housing Element for their review and to show good faith effort to meet the Housing Element goal. In May 2023 the city received a comment letter for HCD with requested changes and comments. The consultants submitted responses and revised the Housing Element based on the comments received. 163
HCD agreed to complete an informal review of the 2nd Draft and provide additional comments to city staff and its consultant in late October.
At this time, the Housing Element is almost a year overdue. With delays in processing the Draft Environmental Impact Report (EIR) for the General Plan, which includes alternative sites for consideration, City staff recommend splitting the Housing Element from the General Plan and General Plan EIR process as the Housing Element as a stand-alone policy document. City staff and Rincon continue to work on the EIR for the General Plan update and it is expected that the Draft Environmental Impact Report will be released for public review in late February.
At its November meeting, the Planning Commission recommended to the City Council approve the Housing Element on a 5-0 vote.
Overview of Housing Element
The update of the Housing Element provides the opportunity for the City Council to establish goals, policies and programs that will facilitate housing production, comply with State housing laws, and demonstrate how the City will accommodate its Regional Housing Needs Allocation (RHNA). The Housing Element is required to address the following:
• Assess and address constraints to housing development. • Provide an assessment of population housing needs.
• Analyze progress toward implementing the previous Housing Element. • Guides how the City will outreach housing development policy. • Identify opportunities to meet the City’s housing needs and identified RHNA including identifying resources that support housing for all income groups and completing an inventory of existing and new sites for housing development to meet the City’s RHNA.
Regional Housing Needs Allocation
One of the primary purposes of the Housing Element update is to demonstrate that the City can meet its Regional Housing Needs Allocation (RHNA). The RHNA is mandated by State housing laws as part of the periodic process of updating General Plan Housing Elements. HCD works with the Santa Barbara Association of Governments (SBCAG) and all local jurisdictions to determine the number of housing units to be assigned to each jurisdiction. The 2021 RHNA quantifies the need for housing within each jurisdiction which needs to be addressed as part of the Housing Element update for the period from February 15, 2023 to February 21, 2031. The RHNA for the city is 191 units broken down by income level as follows:
CITY OF SOLVANG REGIONAL HOUSING NEEDS ASSESSMENT INCOME LEVEL DISTRIBUTION 2023-2031
Total Allocation Very Low Low Moderate Above Moderate
191 55 39 22 75
As part of the RNHA process, the State does not require that the 191 units allocated to Solvang be constructed over the next 8 years, but rather that there is land available and necessary zoning for the development of these units or other methods of providing new housing. Additionally, Table H-53 contains an additional 20% buffer noted for 208 units as required by HCD.
Solvang RHNA of 191 units includes 75 market rate (all units created above moderate) units (39% of the total need) and 116 below market rate units (61%) including very-low, low, and moderate-income units. These rates are based on monthly Affordable Housing Standards from the County of Santa Barabara that indicate the maximum household incomes, home purchase prices, and rents for each income category. Attachment A has been provided to illustrate this breakdown.
HCD Review
HCD reviewed the draft Housing Element and discussed the proposed revisions on a conference call with City staff and its consultant. Most of the requested revisions were to provide additional information or clarifications. City staff and their consultant submitted an informal review based on the revisions 164
completed in Attachment C on September 17, 2023. HCD provided comments on three issues revolving around the City’s outreach efforts, ag worker housing, and one implementation measure. City staff and its consultant have added additional language to satisfy HCD’s comments and are incorporated into the Housing Element which is included as Exhibit A of Attachment A.
Draft Housing Element
The Draft Housing Element consists of the following major components:
• Introduction to the Housing Element (HE) including planning context in the City of Solvang, new General Plan policies and new housing programs.
• The Housing Needs Assessment (HNA) analyses the City’s population, housing characteristics, and trends including special housing needs. This section also studied potential sites for affordable housing.
• The Affirmatively Furthering Fair Housing (AFFH) section details opportunities and constraints to housing affordability in the City of Solvang. This document relies on the 2020 census and other current demographic and housing sources to help guide the City of Solvang in determining their housing needs and potential sites for future development. • Evaluation of Previous Housing Element to determine the effectiveness and progress of goals and policies during the last Housing Element cycles. This report also noted which programs were not fully completed.
• Public Comments on the Public Review Draft Housing Element are included in this document for the record.
The Housing Element Update includes Goals, Policies, and Programs to:
• Conserve and rehabilitate affordable units;
• Facilitate and encourage development of a diversity of affordable living units; • Designate sites with land uses so the city can meet its regional housing needs; • Remove government constraints to housing production, homeless facilities, and affordability:
• Promote fair and equitable housing opportunities for all residents of Solvang; • Encourage resident participation in City housing programs; • Accommodate housing for special needs groups, such as seniors and the homeless; • Assure consistency with state requirements for density bonus, non-traditional housing, and energy conservation by updating ordinances on a routine schedule.
Accommodating Future Housing Needs
As the City of Solvang has developed over the 40 years since its incorporation, identifying undeveloped or underdeveloped sites for future housing development has been challenging. The City recently adopted an urban growth boundary, further constraining future housing development outside of this boundary, thus requiring the City to accommodate additional housing units through infill and density.
This Housing Element identified several housing opportunities to meet the RHNA numbers including the following:
Approved Housing Projects. There are about 104 units that have yet to be completed and have not yet obtained their final occupancy, therefore these units may be counted to during the 2023-2031 cycle.
Future Junior Accessary Dwelling Units (JADU’s) and standalone Accessory Dwelling Units (ADU’s). These units are included in the future inventory. These units cannot be deedrestricted (except JADUs for owner occupancy requirements of one of the units), so they are considered in the moderate or above moderate levels based on the size of the units.
Amending the Tourist Related Commercial (TRC) and Commercial Retail (C-2) zone districts. A future zoning ordinance amendment is recommended to allow residential units as a primary use. This change may encourage existing single unit dwellings in the TRC zone to be maintained for residential use even if there is secondary commercial use proposed on the site.
Also, this change will encourage some of the existing TRC commercial buildings to convert 165
second and third story levels to apartments for housing. The ordinance change should consider potential parking reductions for these future units.
New housing opportunity sites. Even with the above potential units, the city was required to review existing undeveloped lots for increased density, consistent with HCD requirements. After reviewing almost 15 different sites, the City determined that three sites had the potential for increased density to meet the required RHNA targets, as mandated by the State. These sites are identified as Site B, Site C and Site D. They are discussed fully in HE-101 to 109. With rezones of these sites as drafted in the Housing Element, the City can meet its RHNA housing targets. Any deviations from these sites would create a potential revised analysis of the Housing Element.
Due to the City missing its deadline to adopt a Housing Element within 120 days of the February 15, 2023 deadline, it is now subject to the shortened rezoning deadlines consistent with California Government Code sections 65588(e)(4)(C)(i); 65583(c)(1)(A); and 65583.2(c). This means that the City must complete two specific rezoning actions by February 15, 2024. City staff will return with re-zoning of sites B& D within the next 60 days to the Planning Commission for recommendation to the City Council. Site C will not be considered for a re-zoning due to a received application for development, and therefore the site has a proposed project, which will complete its own environmental review separate from the General Plan and this housing element.
Based on these housing opportunities the City of Solvang should meet most of the income levels for the 6th cycle. Meeting the City’s goals of producing very low- and low-income levels will be a challenge. City officials and staff are encouraged to work with developers to consider building additional affordable units through bonus density or other state programs to meet these goals during this housing cycle.
Public Comment
City staff and its consultant received numerous comments on the Housing Element, particularly for site “C”. The majority of these comments pertaining to Site “C” are considered project related comments.
Neither the Housing Element nor the General Plan will approve any “projects”, but are instead policy documents that allow for projects to move forward with proper City and environmental reviews at a project specific level. The property owner for Site “C” has submitted an application that will be processed separately from the General Plan and Housing Element update.
ENVIRONMENTAL REVIEW
The Housing Element is a component of the City's General Plan, and General Plan amendments are discretionary legislative actions subject to review under the California Environmental Quality Act (CEQA). Adoption of the Housing Element is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to the "general rule” exemption (Section 15061(b)(3)) of the CEQA Guidelines). It can be seen with certainty that there is no possibility that the Housing Element may have a significant effect on the environment because it does not approve any development project or other physical change to the environment. Rather, the Housing Element is a document that sets forth the City's policies to plan for the City's regional housing needs allocation. Approval of any subsequent zoning amendments or housing development projects in accordance with the policies set forth in the Housing Element will comply with CEQA.
ALTERNATIVES:
1. Provide additional direction to staff.
2. Do not approve of the 2023-2031 6th Cycle Housing Element. The City of Solvang would remain out of compliance with State Law and would be open to additional builder’s remedy applications, and ineligibility for some additional grants offered by the State. 166
FISCAL IMPACT:
The Housing Element along with the General Plan update and environmental review are funded through the City of Solvang general fund and several related grants.
ATTACHMENTS:
A – Draft Resolution 23-XX
Exhibit A – Draft 2022-2031 Housing Element (with red lines) B – State Income Limits
C – HCD Comment Letters
D – HCD Response Matrix
E – HCD Informal Preliminary Review Matrix 9/27/2023
167
CC Resolution 23-XXXX 2023-2031 Housing Element Adoption RESOLUTION NO. 23-1238
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOLVANG, CALIFORNIA APPROVING A GENERAL PLAN AMENDMENT (2023-2031 6TH CYCLE HOUSING ELEMENT) AND MAKE A
FINDING THAT THE GENERAL PLAN AMENDMENT IS EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) REQUIREMENTS PER SECTION 15061 OF THE CEQA
GUIDELINES
WHEREAS, the City of Solvang has adopted a General Plan that serves as a blueprint for the future, prescribing policy goals and objectives to shape and guide the physical development of the City; and
WHEREAS, State Government Code Section 65302 requires all cities adopt a Housing Element as part of its General Plan; and
WHEREAS, the requirements for the housing element are provided in Government Code 65580, et. seq.; and
WHEREAS, the City of Solvang has initiated an update of the City’s General Plan for the 2023- 2031 Housing Element and has conducted public outreach with members of the community to assure public participate in the process.; and
WHEREAS, the 2023-2031 Housing Element is the 6th cycle and addresses the Regional Housing Need Allocation; and
WHEREAS, the 2023-2031 Housing Element identifies housing opportunities to support a range of housing options, including affordable housing; and
WHEREAS, the Planning Commission held a duly noticed public hearing on November 6, 2023 at which time all interested persons were given the opportunity to be heard and recommended to the City Council that it adopt a General Plan Amendment for the 2023-2032 Housing Element; and WHEREAS, the City Council has reviewed the project in compliance with the California Environmental Quality Act (CEQA) and recommends that the City Council determine that the City of Solvang, as the lead agency, determine that the proposed General Plan Amendment (Housing Element Update) is covered by the “general rule” CEQA exemption (CEQA Guidelines Section 15061(b)(3)) which provides that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The proposed General Plan Amendment (Housing Element) does not include a development project, or other physical change to the environment that would be approved by the adoption of the General Plan Amendment (Housing Element), it can be seen with certainty that there is no possibility that the General Plan Amendment adoption may have a significant effect on the environment, therefore is no subject to CEQA.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SOLVANG DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Recitals set forth above are true and correct and are adopted as findings in support of this Resolution.
SECTION 2. The City Council of the City of Solvang hereby finds the proposed 2023-2031 Housing Element attached herein as Exhibit “A” is determined to be consistent with the City’s General Plan, pursuant to Government Code §65401.
SECTION 3. This Resolution is effective immediately upon adoption. 168
CC Resolution 23-XXXX 2023-2031 Housing Element Adoption SECTION 4. That the City Clerk shall certify to the passage and adoption of this Resolution and shall cause a certified copy to be filed in the book of original resolutions.
PASSED, APPROVED AND ADOPTED this 11th day of December, 2023.
_________________________________
Mark Infanti, Mayor
APPROVED AS TO FORM: ATTEST:
__________________________________ __________________________________ Dave Fleishman, City Attorney Annamarie Porter, City Clerk 169
CC Resolution 23-XXXX 2023-2031 Housing Element Adoption
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. 23-1238 was passed and adopted by the City Council of the City of Solvang at a regular meeting of said City Council held on the 11th day of December, 2023, 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
170
9. HOUSING
Public Hearing Draft Policy Document, November 2023 | H-1 Housing
Policy Document
State law recognizes the vital role that local governments play in the supply and affordability of housing. Each jurisdiction’s governing body (in the case of Solvang, the City Council) is required to adopt a comprehensive, long-term plan (the General Plan) for the physical development of the city or county. An element of the City’s General Plan, the Housing Element is the City's plan for addressing housing needs in Solvang through 2031.
This Policy Document states the City’s goals, policies, implementing programs, and quantified objectives for the development, rehabilitation, and preservation of housing. 9 171
H-2 | Public Hearing Draft Policy Document, November 2023 Key Terms
High opportunity areas: Synonymous with “high resource areas,” high opportunity areas are areas most strongly associated with positive economic, educational, and health outcomes for low-income families – particularly longterm outcomes for children – when compared to other neighborhoods in the same region. These areas are defined within the Affirmatively Furthering Fair Housing analysis.
Housing mobility: The ability of a household to access housing and opportunity within a community. Programs that work to enhance housing mobility work to improve housing choice and access to high opportunity areas.
Low barrier navigation center: A "Housing First," low barrier, temporary, serviceenriched shelter that helps homeless individuals and families to quickly obtain permanent housing.
Missing middle housing: A range of house-scale buildings with multiple units— compatible in scale and form with detached single-family homes—located in a walkable neighborhood. Missing middle housing types provide diverse housing options, such as duplexes, fourplexes, cottage courts, and townhomes.
Place-based strategies: Actions that target the specific circumstances of a place.
Regional Housing Needs Allocation (RHNA): The number of market rate and below market rate housing units that the California Department of Housing and Community Development (HCD) determines are necessary to plan for in an 8- year housing cycle.
Supportive housing: Housing that combines non-time-limited affordable housing assistance with wrap-around supportive services for people experiencing homelessness, as well as other people with disabilities.
Transitional Housing: a supportive – yet temporary – type of accommodation that is meant to bridge the gap from homelessness to permanent housing, also known as interim housing.
Workforce housing: Housing affordable to households earning between 60 and 160 percent of area median income (AMI).
172
9. HOUSING
Public Hearing Draft Policy Document, November 2023 | H-3 Introduction
Since 1969, California has required that all cities and counties adequately plan to meet the housing needs of everyone in the community. California’s local governments meet this requirement by adopting housing plans as part of their “general plan.” General plans serve as the local government’s "blueprint" for how the city and/or county will grow and develop and include seven required elements: land use, transportation, conservation, noise, open space, safety, and housing. Cities and counties with disadvantaged communities must also prepare an Environmental Justice policies, but this requirement does not apply to Solvang as there are no disadvantaged communities in the city.
California’s housing element law (Government Code Section 65580 (et seq.)) acknowledges that, for the private and non-profit market to adequately address the housing needs and demand of Californians, local governments must adopt plans and regulations that provide opportunities for and do not unduly constrain, housing development. As a result, housing policy in California rests largely upon the effective implementation of local general plans, particularly the housing element.
Although the Housing Element is one of seven required elements of the general plan, it has several unique requirements that set it apart from the other six. State law specifies in detail the topics that the housing element must address and sets a schedule for required updates every eight years. The housing element is also the only element reviewed and certified by the State for compliance with State law. The Department of Housing and Community Development (HCD) is the State department responsible for this certification.
Housing Needs
For the 2023-2031 planning period, as with previous periods, the Santa Barbara County Association of Governments (SBCAG), the regional government agency Solvang is a member of, assigned a portion of its Regional Housing Needs provided by HCD to the City of Solvang according to projected regional jobs growth over time, among other factors (for more detailed documentation of the methodology, see the Housing Resources section in the Needs Assessment).
The result of the process is Solvang’s Regional Housing Needs Allocation (RHNA), which serves as a projection of housing needs during the 2022-2031 planning period between February 15, 2023, and February 15, 2031.
The RHNA states that Solvang is projected to need 191 total units by 2031. The identified housing need is almost evenly split between lower-income and higherincome designations. 173
H-4 | Public Hearing Draft Policy Document, November 2023 Projected Housing Needs in Comparison to Nearby Jurisdictions Lower
Moderate Above
Moderate
Total Extremely
Low
Very
Low
Low
Solvang 27 28 39 22 75 191
Buellton 55 37 30 43 165
Lompoc 166 262 311 1,509 2,248
Santa Barbara 2,147 1,381 1,441 3,032 8,001
Santa Barbara
County
5,799 3,935 4,397 10,725 24,856
Source: SBCAG, HCD Pre-approved Data Package, State of California Department of Housing and Community Development, 2021.
The 2023-2031 Housing Element establishes a comprehensive plan to address the current and projected needs of Solvang residents through community goals and policies surrounding the development, rehabilitation, and preservation of housing units. Solvang, along with other constituent jurisdictions of SBAG, are required to submit an updated Housing Element to HCD by February 15, 2023.
Consistency with the General Plan
California Government Code Section 65300.5 requires that a general plan be internally consistent, meaning that no conflicts exist among the elements of the plan. Government Code section 65583(c) requires that a Housing Element describe how consistency has been achieved among the general plan elements.
The most important aspect of consistency among general plan elements is that policies and implementation measures do not conflict but support one another to achieve the overall goals and vision of a general plan.
In preparing the 2023-2031 Housing Element, the City is also concurrently drafting a comprehensive General Plan update. Throughout the development of the Housing Element and General Plan Updates, City staff and decision-makers reviewed each Element to ensure consistency amongst Elements as well as with the General Plan Vision and Guiding Principles. Additionally, if the General Plan is amended during the planning period, the City will review the Housing Element for internal consistency and make any necessary revisions. 174
9. HOUSING
Public Hearing Draft Policy Document, November 2023 | H-5 Associated General Plan Element Updates
California Government Code 65302 et seq. requires that the Safety Element be revised upon the adoption of the Housing Element to identify updated information regarding flood and fire hazards and evacuation routes. The City is updating the General Plan, including the Safety Element concurrent with the Housing Element Update.
California Government Code 65302 also requires that cities and counties with disadvantaged communities update the Environmental Justice Element to identify objectives and policies to reduce the unique or compounded health risks in disadvantaged communities, promote civic engagement, and prioritize improvements and programs that address the needs of disadvantaged communities. The City does not have any identified disadvantaged communities as defined by California Government Code 65302(h) et seq. Therefore, the City is not required to draft an Environmental Justice Element and/or Disadvantaged Communities Element.
Components of the Housing
Element
The 2023-2031 Housing Element Update consists of two parts: the Housing Needs Assessment (Needs Assessment) and the Housing Element Policy Document.
1. The Needs Assessment identifies and analyzes the existing and projected housing needs, provides a list of sites for housing development that are adequate to accommodate the City’s regional housing needs allocation, documents constraints to housing production, and analyzes fair housing issues, locally and regionally. In short, the Housing Needs Assessment provides the context for the City's housing action plan.
2. The Policy Document states goals, policies, implementing programs, and quantified objectives for the development, rehabilitation, and preservation of housing. The Policy Document is the action plan that responds directly to the findings of the Housing Needs Assessment and input from the community. The City will implement the actions specified in the Policy Document throughout the eight-year planning period.
175
H-6 | Public Hearing Draft Policy Document, November 2023 Quantified Objectives
Quantified Objectives by Type
One of the requirements of State law (California Government Code, Section 65583[b]) is that the Housing Element contains quantified objectives for the maintenance, preservation, improvement, and development of housing. State law recognizes that the total housing needs identified by a community may exceed available resources and the community's ability to satisfy this need. Under these circumstances, the quantified objectives need not be identical to the total housing needs, however, the quantified objectives shall establish the number of housing units by income category that can be realistically constructed, rehabilitated, and conserved. The City has established quantifiable objectives in implementation programs throughout the policy document. This section identifies the City’s housing need (the Regional Housing Needs Allocation, or RHNA) and summarizes new construction, conservation, and special needs housing objectives for the 2023-2031 planning period.
Projected Housing Needs (Regional Housing Need Allocation) Extremely
Low
0-30% of
Median
income
Very Low
30-50%
of Median
Income
Low
50-80%
of Median
Income
Moderate
80-120%
of Median
Income
Above
Moderate
>120% of
Median
Income
Total
Solvang 28 27 39 22 75 191
New Construction Objectives
Income Category Units Units by type Total Units
Extremely lowincome
20 units
90 lower-income
units
208 total units
Very low-income 30 units
Low-income 40 units
Moderate-income 58 units 118 moderate and
above-moderate
units
Above moderateincome
60 units
176
9. HOUSING
Public Hearing Draft Policy Document, November 2023 | H-7 Rehabilitation and Conservation Objectives
Conservation of all 136 manufactured/mobile home units. (Program D) Rehabilitation of three extremely low-, eight very low-, and eight low-income units (Programs A, B)
Preservation of 5,466 Housing Choice Vouchers administered countywide (Program C)
Assistance for Special Needs Households
30 units of senior housing (Programs K and Q)
30 units for persons with a disability (Programs K and Q) 40 units for local workforce housing (Program F)
Quantified Objectives Summary Table
The City will strive to exceed the following targets for affordable housing development in Solvang.
Extremely
Low
Very Low
Low
Moderate
Above
Moderate
Total
New Construction 20 30 40 58 60 208
Rehabilitation 3 8 8 0 0 19
Conservation/Preservation1 45 45 46 0 0 136
1 Conservation goals are derived from Program D. Units have been distributed evenly across income categories.
177
H-8 | Public Hearing Draft Policy Document, November 2023 Goals, Policies, and
Implementation Programs
Goal H-1:
Conserve and improve the quality of existing housing and residential neighborhoods in Solvang. (Source: Existing Goal 1)
Policies
H-1.1: Citizen Involvement. The City shall encourage citizen involvement in addressing the maintenance and improvement of the City's housing stock by providing notices for proposed changes to existing housing as required by state law. [Source:
Existing Policy 1.1, modified]
H-1.2: Residential Rehabilitation. The City shall encourage homeowners and landlords to maintain properties in sound condition through code enforcement efforts and by
implementing a residential rehabilitation assistance program. [Source: Existing Policy 1.2]
H-1.3: Community Design. The City shall preserve and retain the city's historical and architecturally unique buildings and
neighborhoods, particularly in the Village Area. existing residential units within the Village Area may be retained for residential use and can incorporate commercial components with the residential unit on the site. . [Source: Existing Policy 1.3, modified]
H-1.4: Affordable Housing. The City shall maintain the city's existing stock of affordable housing, including mobile homes, through a review of City regulations including zoning and other forms of assistance. [Source: Existing Policy 1.4, modified]
H-1.5: Maintenance of Residential Properties. The City shall cooperate with housing providers in the acquisition, rehabilitation, and/or maintenance of residential properties for housing. [Source:
Existing Policy 1.5, modified]
178
9. HOUSING
Public Hearing Draft Policy Document, November 2023 | H-9 Goal H-2:
Facilitate the development of a range of housing types, densities, and affordability levels to meet the diverse needs of the community. (Source:
Existing Goal 2)
H-2.1: Housing for All Residents. The City shall encourage the production of housing that meets the needs of all economic segments, including homeless and extremely low, lower,
moderate, and above moderate-income households, to achieve a balanced community. [Source: Existing Policy 2.1]
H-2.2: Expanding Workforce Housing. The City shall encourage housing opportunities for the city's workforce, including seasonal and part-time workers in the tourism sector and public service employees. The City will encourage housing
opportunities and assistance to address the needs of local workers. [Source: Existing Policy 2.2, modified]
H-2.3: Affordable Senior Housing. The City shall continue to facilitate the provision of affordable housing for the city's growing senior population, including senior housing with supportive services, assisted living facilities, and second units. [Source: Existing Policy 2.4]
H-2.4: Support Special Housing Needs. The City shall support, as feasible, non-profit and for-profit agencies who provide supportive services and alternative housing options for the homeless and other persons with special housing needs in Solvang. [Source: Existing Policy 2.5, modified]
H-2.5: Universal Design. The City shall encourage the provision of housing adaptable to the physically disabled through integration of universal design features in new development, and
compliance with Title 24 of the California Health and Safety Code. [Source: Existing Policy 2.6, modified]
H-2.6: Home Ownership Assistance. The City shall work with local organizations that identify and pursue State, Federal, and other funding sources to enable home ownership for low- and
moderate-income households. [Source: Existing Policy 2.7, modified]
H-2.7: Home Ownership Education. The City shall work with local organizations to encourage first time homebuyers from low- and 179
H-10 | Public Hearing Draft Policy Document, November 2023 moderate- income households to participate in home ownership assistance programs available from public agencies and in the private market. [Source: Existing Policy 2.8, modified] H-2.8: Encouraging Accessory Dwelling Units (ADUs)/Junior Accessory Dwelling Units (JADUs). The City shall allow ADUs and JADUs as a means of providing additional housing
opportunities in existing neighborhoods as provided by state law. [Source: Existing Policy 2.9, modified]
H-2.9: Rental Assistance. The City shall continue to support local organizations that provide rental assistance to extremely low and lower-income households and encourage property-owners to list units with the Santa Barbara County Housing Authority. [Source: Existing Policy 2.11, modified]
H-2.10: Special Needs Housing. The City shall support the development and conservation of housing that meets the special needs of large families, families with children, seasonal workers, persons with disabilities, elderly persons, homeless, and agricultural workers. [Source: Existing Policy 5.3, modified]
Goal H-3:
Designate adequate sites through appropriate land use and zoning standards to accommodate the City's share of regional housing needs. [Source: Existing Goal 3]
H-3.1: Village Area Mixed-Use. The City shall encourage mixed-use development in the Village Area (TRC zone).. The City shall allow existing residential uses to remain residential as a primary use or incorporate commercial components. [Source: Existing Policy
3.2, modified]
H-3.2: Efficient Land Use. The City shall encourage efficient use of the City’s limited land resources by promoting development at the upper end of permitted General Plan/Zoning Ordinance
densities and by facilitating quality infill development that utilizes existing infrastructure. This may mean that setbacks, landscaping, and parking standards may be modified on a project specific basis. [Source: Existing Policy 3.4, modified] H-3.3: Height. The City shall encourage residential development to a maximum height of 35 feet. [Source: New Policy]
180
9. HOUSING
Public Hearing Draft Policy Document, November 2023 | H-11 Goal H-4:
Where appropriate, mitigate or remove potential governmental constraints to housing production, homeless facilities, and affordability. [Source: Existing Goal 4]
H-4.1: Affordable Housing Incentives. The City shall follow State law and provide density bonuses with flexibility in site development standards to encourage new construction of housing to
accommodate the City's share of regional housing needs. [Source: Existing Policy 4.1, modified]
H-4.2: Monitor Governmental Constraints. The City shall amend the existing city ordinance to be consistent with State Housing Laws. [Source: Existing Policy 4.2, modified]
H-4.3: Maintain Critical Infrastructure. The City shall maintain adequate public services and infrastructure to facilitate the City's share of regional housing needs. The City shall update the AB 1600 Development fee program with focus on the fees
applied to affordable housing units. [Source: Existing Policy 4.3, modified]
H-4.4: Energy Efficiency. The City shall allow the installation of energy efficient devices in existing housing and use of energy efficient designs for new housing per State Building Codes. [Source:
Existing Policy 4.4, modified]
Goal H-5:
Promote fair and equal housing opportunities for all residents of Solvang. [Source: Existing Goal 5 ]
H-5.1: Equal Housing Opportunities. The City shall continue to support agencies that support equal housing opportunities for all residents of Solvang. [Source: Existing Policy 5.1, modified] H-5.2: Fair Housing Organizational Support. The City shall continue to support public and private organizations that enforce fair housing laws prohibiting arbitrary discrimination in the building, financing, selling, or renting of housing based on race, sex, age, sexual orientation, religion, family status, ethnic background, disability, or other such factors and provide mediation services to Solvang residents. [Source: Existing Policy 5.2]
181
H-12 | Public Hearing Draft Policy Document, November 2023 H-5.3: Public Investments. The City shall ensure public investments are equitably distributed throughout the community. [Source:
New Policy]
182
9. HOUSING
Public Hearing Draft Policy Document, November 2023 | H-13 Implementation Program Objectives
Implements
What
Policies
Responsibility Potential Funding
Source Timeframe
Housing and Neighborhood Conservation
HE-A Code Enforcement
The City shall continue to carry out zoning code enforcement activities, including performing property inspections and citing code violations, when necessary. The City shall also continue to contract with the California Code Check for the enforcement of building codes.
The City shall provide information regarding the Housing Rehabilitation Assistance to owners of housing units with code compliance issues. The City shall complete workshops or advertising campaigns to distribute information on
available programs and resources targeting areas with lower median incomes in central Solvang, including census tract 1910 and block group 2 of census tract 1909..
The City shall provide direct technical assistance to lowerincome households dealing with code compliance issues.
Technical assistance may include, but is not limited to, oneon-one assistance from staff with technical expertise or assistance with the rehabilitation loan program application. [Source: Existing Program 1, modified]
Provide direct technical assistance to at
least 9 households with substandard
housing issues that led to code
compliance, including:
• Three extremely low-income
households
• Three very low-income households,
and
• Three low-income households
Hold four workshops or advertising
campaigns targeting central portions of
the city.
H-1.2: Planning Division,
Building Division
General Fund Assist three
households by 2025,
six6 by 2028, and
nine9 by 2031
Workshops/
advertising
campaigns: every
two years
HE-B Housing Rehabilitation Assistance
Program
To support the City’s code enforcement efforts and improve the condition of existing affordable and market rate housing stock, the City shall implement a home rehabilitation
assistance program to assist low income and senior
households, as funding becomes available. This program will use a portion of the HOME Investment Partnership Program (HOME) and/or Community Development Block Grant
Program (CDBG) funds that the City may apply for through its participation in the County HOME Consortium to assist
homeowners in repairing or upgrading their homes for the purpose of preserving existing units. The City’s code
enforcement officer shall identify substandard housing units that might qualify for HOME funding. Correcting code
violations will be a top priority of the loan program. Additional actions taken by the City shall include:
Provide rehabilitation assistance to:
• Five very low-income households,
and
• Five low-income households
A. Provide program information and
resources at City Hall, Solvang
Senior Center, the Solvang Library,
and on the City’s website by 2024;
complete two targeted advertising
campaigns in the planning period.
B. Explore Identify funding
opportunities annually.
C. Pursue two new funding
opportunities in the planning period.
H-1.2::
H-1.3:
H-1.4:
Planning Division United States
Department of Housing
and Urban
Development (HUD)
HOME
HUD CDBG
Assist 10
households by 2026,
10 by 2028, and 15
by 2031.
A. Post information:
by 2024; targeted
advertising every
four years (at
minimum)
B:, Explore Identify
funding
opportunities:
annually
C. Apply for new
funding: twice in the
planning period
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H-14 | Public Hearing Draft Policy Document, November 2023 Implementation Program Objectives
Implements
What
Policies
Responsibility Potential Funding
Source Timeframe
A. The City shall advertise the availability of this
program through brochures at City Hall, the Public
Library, and by posting information on the City’s
website, and shall hold advertising efforts
specifically targeting central Solvang.
B. The City shall annually investigate identify and
pursue funding opportunities in support of the
Housing Rehabilitation Assistance Program.
C. The City shall pursue two new funding
opportunities in the planning period.
D. The City shall identify and engage local non-profit
agencies to identify local rehabilitation needs and
opportunities for partnerships to provide resources
or direct-assistance to lower-income households.
D.E. The City shall prioritize identified funding to assist lower income households in central Solvang,
including census tract 1910 and block group 2 of
census tract 1909. [Source: Existing Program 2,
modified]
D. Identify and contact local non-profit
agencies bi-annually.
D.E. Prioritize assistance for lower
income households in areas with
lower median incomes.
D. Biannually
HE-C Rental Assistance
The City shall continue to support agencies providing rental assistance, including the Housing Authority of the County of Santa Barbara in the administration of the Housing Choice Voucher program, and shall support and encourage the
provision of additional subsidies through the Housing Choice Voucher program. The City shall work with the Housing
Authority to engage property owners in central Solvang to encourage landlords to register their units with Section 8 providers. [Source: Existing Program 3, modified]
Address the high cost of rent for lower
income households by partnering with
the Housing Authority in the
administration housing choice vouchers
countywide.
Engage with the Housing Authority
annually to discuss opportunities to
pursue additional funds for rental
assistance programs.
Provide informational materials detailing
existing rental assistance programs and
available resources on the City’s website
by 2024 and hold workshops or
advertising campaigns to distribute this
information to households in lower
income areas of central Solvang.
H-2.1:
H-2.4:
H-2.9:
Planning Division HUD – Housing Choice
Voucher
HUD HOME
Engage with the
Housing Authority:
annually
Apply for funding: as
available
Information on City
website: by 2024
Workshops/
advertising
campaigns: annually
184
9. HOUSING
Public Hearing Draft Policy Document, November 2023 | H-15 Implementation Program Objectives
Implements
What
Policies
Responsibility Potential Funding
Source Timeframe
Engage property owners annually with a
goal of increasing the number of
properties accepting Housing Choice
Vouchers by 10 percent in the planning
period.
HE-D Mobile Home and Mobile Home Park
Preservation
The City shall continue to allow and preserve mobile home parks through its previously established Mobile Home Park (MHP) designation under both its General Plan and Zoning Ordinance.
The City shall continue to allow mobile homes that adhere to the California Building Code as single-family residential use or accessory dwelling unit throughout the city. [Source:
Existing Program 4]
Maintain the Mobile Home Park (MHP)
designation under both its the General
Plan and Zoning Ordinance as a means
providing mobile home as an affordable
housing option
Continue to allow mobile homes that
adhere to the California Building Code,
e.g., with permanent foundations, as a
single-family residential use.
H-2.1: Planning Division General Fund (staff
time)
Ongoing
HE-E Preservation of Community Character
The City shall preserve, protect, and promote the unique Old World Danish design theme that is prevalent in the downtown Village Area. The City will maintain a regulatory framework to preserve and enhance the community’s unique character.
The City shall develop Objective Design Standards to
preserve and maintain the City’s old world Danish design theme specific to the Village Area, which is core to the local economy. [Source: Existing Program 5, modified]
Complete stakeholder interviews with
local developers and architects to inform
design standards.
Adopt objective design standards for the
Village Area by 2025.
Publicize the City’s adopted design
standards and review processes related
to the Village Area on the City’s website
and at City Hall by 2025.
H-1.3:
H-3.1:
Planning Division
Design Review
Committee (DRC)
General Fund (staff
time)
All actions and
objectives: 2024
Housing Production
HE-F Local Workforce/Farmworker Housing
The City will continue to work in partnership with both forprofit and non-profit developers, as well as the Housing Authority of the County of Santa Barbara and People’s Self Help Housing, in providing affordable housing for working families in Solvang. The City shall encourage partnerships in the pursuit of project-based funding and shall contact engage workforce housing developers and non-profit agencies to explore identify potential funding opportunities. The City shall identify parcels appropriate for workforce housing in central Engage with workforce housing
developers, employers, and non-profits to
identify funding opportunities annually.
Create partnerships with developers
and/or non-profits in support of two grant
applications in the planning period, with a
goal of obtaining $200,000 in grant
funding to support each project.
H-2.1:
H-2.2:
Planning Division General Fund (staff
time), HOME, CDBG
Engagement:
annually
Partnerships in
pursuit of funding:
One by 2027
Two by 2030
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H-16 | Public Hearing Draft Policy Document, November 2023 Implementation Program Objectives
Implements
What
Policies
Responsibility Potential Funding
Source Timeframe
Solvang, where access to jobs and transportation
opportunities are concentrated, and shall promote these sites to affordable and workforce housing developers and
potential partners annually. In combination with Program HEL and HE-N, tThe City shall identify incentives for the development of lower- and moderate-income housing units in central Solvang, potentially including, but not limited to additional density bonus, flexible development standards, reduced parking requirements, and reduced or deferred fees. [Source: Existing Program 6, modified]
Adopt incentives for workforce housing
within two years of the adoption deadline.
Through partnership and incentives,
encourage the development of :20 very
low-income units and 20 low-income
units in central Solvang, as well as 20
units for farmworkers.
Amend the Zoning Code to provide a
streamlined ministerial permit process
for qualifying farmworker housing
complexes in compliance with recent
State law amending the Health and
Safety Code (AB 1783),
Information to
website: 2023
Identify parcels and
contact developers
and non-profit
housing developers
annually
Adopt incentives:
within two years of
the adoption
deadline
HE-G Density Bonus Program
The City shall continue to administer a Density Bonus
Ordinance that incentivizes affordable housing according to California Government Code 65915.
The City shall create and revise, as necessary, an
informational brochure describing the density bonus
provisions and incentives. In combination with Program F, the city shall identify vacant and underutilized parcels
appropriate for multifamily or mixed-use development in central Solvang, and shall contact local developers and nonprofit housing providers to promote these sites. [Source:
Existing Program 7, modified]
Publish an informational brochure at City
offices and on the City website in 2023.
Encourage the development of three
projects in central Solvang that include a
density bonus.
H-2.1:
H-2.2:
H-2.3:
H-2.10:
H-3.2:
Planning Division General Fund (staff
time)
2023
HE-H Accessory Dwelling Unit (ADU) and
Junior Accessory Dwelling Unit (JADU)
Development
The City shall adopt an Accessory Dwelling Unit Ordinance in compliance with State law, including AB 2299 (2016), SB 1069 (2016), AB 494 (2017), SB 229 (2017), AB 68 (2019), AB 881 (2019), AB 587 (2019), SB 13 (2019, and AB 671 (2019).
The City shall promote the development of ADUs and JADUs through outreach and education to residents and landowners.
The City shall:
Adopt an ADU and JADU ordinance in
compliance with State law in 2023.
Through engagement and outreach, as
well as direct incentives, encourage the
construction of 64 ADUs or JADUs during
the planning period, with a goal of
developing 50 of these units in low
density high resource areas of northern
and southern Solvang.
H-2.1:
H-2.8:
Planning Division General Fund (staff
time)
Update municipal
code: 2023
A: 2023 with annual
updates
B: 2024
C: Ongoing
D: by 2025
186
9. HOUSING
Public Hearing Draft Policy Document, November 2023 | H-17 Implementation Program Objectives
Implements
What
Policies
Responsibility Potential Funding
Source Timeframe
A. Maintain and update informational brochures to
promote, educate, and assist homeowners with
developing ADUs and JADUs.
B. Create an information resource on the City’s
website that provides information on ADUs, JADUs,
and City requirements.
C. Provide a step-by-step guide and assistance links
to necessary applications and information.
D. Work with developers to incorporate ADUs and
JADUs into new single-family developments.
E. Engage Complete stakeholder interviews with local
builders and homeowners to explore discuss
potential incentives to encourage the development
of ADU and JADU development in low density high
opportunity areas including, but not limited to,
census tracts 1901 and 1910, in line with the City’s
goals to affirmatively further fair housing; potential
incentives may include, but are not limited to,
flexible zoning requirements, deferred or waived
fees, and/or reduced parking requirements. The
City shall hold public hearings in 2024 and shall
adopt incentives by April 1, 2025.
E.F. Distribute information on ADU development
opportunities and available incentives through
annual advertising campaigns targeting low
density high resource areas in northern and
southern Solvang.
[Source: Existing Program 8, modified]
Engage Complete stakeholder interviews
with local developers by 2025.
Provide information on ADUs and JADUs
at Solvang Senior Center and the Solvang
Library, on the City website and at City
Hall.
E: Engagement:
2023-2024; public
hearings: 2024;
adopt incentives: by
April 1, 2025
F: annually
HE-I Application for Grants and Loans
The City shall continue to investigate potential funding sources for housing and will apply for available grants and loan programs. The City shall keep a database of available funding opportunities and support local non-profit and/or forprofit entities applying for funding. The City shall post the list of available funding opportunities on the city website and update it annually. The City shall also maintain a list of interested parties, including developers, property owners, and Maintain and regularly update a database
of funding opportunities.
Promote funding opportunities available
to local developers on the City website.
Apply for a minimum of one new funding
opportunity in support of affordable
housing development within the planning
H-2.3:
H-2.4:
H-2.6:
H-2.9:
H-2.10:
Planning Division General Fund (staff
time)
Database: 2023 with
annual updates
Information to
website: 2024
Apply for funding:
once in the planning
period
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H-18 | Public Hearing Draft Policy Document, November 2023 Implementation Program Objectives
Implements
What
Policies
Responsibility Potential Funding
Source Timeframe
non-profit agencies and shall distribute information related to available funding opportunities to the parties directly through a mailing list.
The City shall prioritize the use of grant funds to support community revitalization efforts in central Solvang, as well as new multifamily development in low density high resource areas.
[Source: Existing Program 11, modified]
periodin lower density high resource
areas.
Apply for a minimum of one new funding
opportunity in support of redevelopment
of underutilized commercial parcels or
substandard housing in central Solvang.
Provision of Adequate Sites for Housing
HE-J Adequate Sites Program
To provide adequate sites to fulfill the City’s Regional Housing Needs Allocation, the City expanded the
development capacity of residential property through zoning designation changes. The City shall monitor housing
production and rezone parcels during the planning period to maintain adequate sites for housing for all income categories throughout the planning period, in compliance with the “no net loss” provisions of Government Code Section 65863.
Lower-income sites included in the housing sites inventory with a proposed zoning change, shall be rezoned,
incompliance with Govt. Code Section 65583.2(h) and (i), to:
• permit owner-occupied and rental multifamily uses byright (without discretionary approval) for developments in which 20 percent or more of the units are affordable to lower income households.
• accommodate a minimum of 16 units per site; and
• require a minimum density of 20 units per acre.
[Source: Existing Program 12, modified]
Complete lot line adjustment for Site C
(139-530-002) within one year of the
adoption deadline.
Monitor development in accordance with
Govt. Code 65863.
Rezone sites in accordance with
65583.2(h) and (i).
Publicize and annually update a publicfacing inventory of available sites in compliance with 65583.2(c).
Update and submit an electronic copy of
the available sites inventory to HCD
annually with the Housing Element
Annual Progress Report (APR), as
required by SB 6 (2019) and make the list
available on the city website.
H-3.2: Planning Division General Fund (staff
time)
Monitor
development:
annually
Rezones: within
three years of the
adoption deadline
Public-facing
inventory: 2023
Electronic
submission to HCD:
Annually with APR
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9. HOUSING
Public Hearing Draft Policy Document, November 2023 | H-19 Implementation Program Objectives
Implements
What
Policies
Responsibility Potential Funding
Source Timeframe
HE-K Mixed-Use Development
The City shall encourage mixed-use development in
commercial areas and promote higher residential densities at locations proximate to shopping, employment, and public services.
The City shall revise the General Plan Land Use Element to allow mixed-use development in all commercial and
professional office designations with a maximum density of 20 dwelling units per acre and a maximum Floor Area Ratio (FAR) of 0.65 (currently 0.23-0.50). Following the General Plan Update the City will update commercial and office zones for consistency.
The city will grant mixed-use developments that include affordable and/or senior housing “priority processing” over other applications. [Source: Existing Program 13, modified] Update the General Plan (GP) to allow
mixed-used development in all
commercial and P-O zones.
Interview local stakeholders regarding
development standards appropriate to
encourage mixed use development in
2024.
Update the Zoning Code for consistency
with the General Plan and to be
responsive to stakeholder input in 2025;
encourage the production of 10 lowincome, 10 moderate and 20 above moderate income units in mixed use
developments.
Provide priority processing to mixed use
projects with special needs and/or senior
housing units to encourage the
production of: 10 very-low and 10 lowincome units.
H-3.1:
H-3.2:
Planning Division General Fund (staff
time)
GP update: 2023
Stakeholder
interviews: 2024
Zoning Code update:
within three years of
the adoption
deadline
HE-L Infill Incentives Ordinance
The City shall encourage infill development as it efficiently uses the city’s scarce land resources by promoting
development on vacant or underused parcels in
neighborhoods where infrastructure is already in place.
To better facilitate development of infill projects, the City will review and revise, as necessary, existing residential
development standards to address barriers to in-fill
development and ensure compliance with State law,
including reduced setbacks and parking requirements for affordable infill projects. As an incentive for multi-unit development on infill parcels, the City shall defer the payment of fees until just prior to the final occupancy inspection, thus minimizing a developer’s capital outlay. [Source: Existing Program 14, modified]
Within three two years of the adoption
deadline, evaluate and revise, as
necessary, residential development
standards to remove constraints to multiunit infill development.
Incentivize multi-unit infill projects by
deferring payment of fees until final
occupancy.
Encourage the development of eight
multi-family units in high resource areas
or on infill parcels within the planning
period.
H-2.1:
H-2.2:
H-3.2:
Planning Division General Fund (staff
time)
Within one two years
of the adoption
deadline (by
February 15, 2025)
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H-20 | Public Hearing Draft Policy Document, November 2023 Implementation Program Objectives
Implements
What
Policies
Responsibility Potential Funding
Source Timeframe
HE-M Lot Mergers
The City will continue to play an active role in facilitating lot mergers. The City shall collaborate with non-profit developers and owners of small sites to identify and merge parcels to facilitate the development of housing affordable to lowerincome households.
The City shall develop a ministerial approval process
incentivizing lot merger requests in support of housing development. The lot merger procedure will also be posted on the City website and discussed with developers during the preliminary review process. Incentives offered for lot mergers could include allowing higher densities and flexibility in development standards, and expedited processing. [Source:
Existing Program 15, modified]
Identify parcels with potential for lot
consolidation in 2023 and engage owners
once in the planning period.
Identify incentives to be incorporated into
the lot consolidation procedure in 2023-
2024.
Develop ministerial lot consolidation
procedure in 2024.
H-3.2: Planning Division General Fund (staff
time)
Identify parcels:
2023
Identify incentives:
2023-2024
Adopt lot
consolidation
procedure: 2024
Removal of Governmental Constraints
HE-N Affordable Housing Incentives Program
The City will implement an Affordable Housing Incentives Program to encourage private housing developers to provide affordable housing. In implementing the Program, the City shall:
A. Apply a streamlined permit processing for
affordable housing developments in compliance
with provisions under SB 35 and SB 330.
B. Provide regulatory incentives in support of
affordable housing, potentially including additional
density or FAR allowances, parking reductions
equivalent to the percentage of affordable units
provided, and deferred fees targeted to lower
income areas of central Solvang, including census
tract 1910 and block group 2 of census tract 1909.
C. Review and revise required fees, as possible, to
reduce constraints to development.
During the planning period, support
development of at least 116 lower- and
moderate-income units:
• 28 extremely low-income units
• 27 very low-income units
• 39 low-income units
• 22 moderate-income units
Adopt a streamlined ministerial approval
process for affordable housing in
compliance with SB 35.
Provide information on incentives for
affordable housing development on City
website.
Engage with owners of properties with
potential for SRO development twice in
the planning periodEncourage the
development of 10 SRO units in central
Solvang in the planning period.
H-4.1:
H-4.2:
Planning Division General Fund (staff
time) CDBG, HOME,
LIHTC, and other,
regional, State and
Federal programs
A: 2024
B: 2024
C: Annually
D: 2023, and
updated annually
E: Annually, contact
interested parties
immediately upon
availability of funds
F: Identify parcels in
2023; engage
owners twice in the
planning period
G: Within two years
of the adoption
deadline
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9. HOUSING
Public Hearing Draft Policy Document, November 2023 | H-21 Implementation Program Objectives
Implements
What
Policies
Responsibility Potential Funding
Source Timeframe
D. Make information regarding incentives and funding
opportunities available in City Hall and on the City
website.
E. Use state and federal funding to help offset costs
of governmental and non-governmental constraints
to affordable housing development. As funds
become available, the City shall distribute
information to property owners, developers, and
local non-profits related to eligibility and
application for direct financial assistance.
F. Identify properties in central Solvang in proximity to jobs and transportation options with potential for
development or redevelopment as single-room
occupancy housing and provide owners with
information on Single Room Occupancies (SRO);
engage the owners of these properties as well as
market developers and non-profit housing
providers to encourage the development of SROs
on these sites.
G. Create a ministerial process for approving
residential developments in commercially zoned
areas, subject to requirements provided in
California Government Code Sections 65400 and
65585, in compliance with AB 2011 (2022)
[Source: Existing Program 17, modified]
Approve 20 multifamily units through a
ministerial review process in the planning
period.
HE-O Municipal Code Updates
The City shall review and amend the Municipal Code to
comply with State law to:
A. Allow low barrier navigation centers in mixed use
and multi-family zoned areas in compliance with
Government Code Sections 65660 and 65668 (AB
101).
B. Allow 100 percent affordable housing
developments with 25 percent or 12 units
(whichever is greater) of supportive housing by
right in all zones where mixed use and multifamily
Updated municipal code within three
years of the adoption deadline
H-4.1:
H-4.2:
Planning Division General Fund (staff
time)
All actions within
three two years of
the adoption
deadline (by
February 15, 2025)
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housing are permitted, in compliance with AB
2162.
C. Allow housing for agricultural employees to be
permitted by right in single family zones for up to
six persons and in agricultural zones for no more
than 12 units or 36 beds in compliance with Health
and Safety Code 17021.5 and 17021.6.
D. Remove Conditional Use Permit (CUP)
requirements for all multi-family and mixed-use
projects that provide a minimum of 20 percent
affordability to lower income households, in
compliance with State law.
E. Adopt the most-recent edition to the California
Building Code.
F. Allow lot splits and ADUs in compliance with SB 9.
G. Allow residential and mixed use projects that meet
the provisions of California Government Code
Sections 65913.4 and 65852.24, in all commercial
zones in compliance with SB 6 (2022).
H. Allow for emergency shelters in compliance with
recent amendments to Government Code section
65583 subdivision (a)(4), including providing an
updated capacity analysis that accounts for
development activity (if any) on the sites currently
identified as capacity to meet the local need, and
revising the emergency shelter definition to include
interim interventions.
I. Allow for transitional and supportive housing in
compliance with AB 2162, including, but not limited
to, permitting these uses in all zones allowing
residential uses, including the AG zone, subject
only to the requirements of residential uses of the
similar type and form in the same zone.
J. Allow single-room occupancy units (SROs) in
commercial and mixed-use zones.
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K. Allow manufactured housing in the same manner
and in the same zones as conventional stick-built
structured in compliance with Government Code
Section 65852.3).
H. Allow residential care facilities of six or fewer in zones allowing single-family uses, subject only to
the requirements of single-family uses, in
compliance with State law (HSC § 1568.0831); and
permit facilities with seven or more beds in all
multifamily residential zones allowing residential
uses with objectivity and certainty similar to other
residential uses of the same form.
[Source: New Program]
HE-P Affirmatively Furthering Fair Housing
The City shall address disparities in housing needs and access to opportunity for all persons regardless race, color, religion, sex, national origin, familial status, disability, gender, gender identity, gender expression, sexual orientation, marital status, ancestry, veteran or military status, source of income, and genetic information as protected categories by the
California Fair Employment and Housing Act (Part 2.8
[commencing with Section 12900] of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law.
The City supports fair housing and will refer all alleged cases of discrimination to the State Office of Fair Employment and Housing and the California Rural Legal Assistance (CRLA).
The City also supports equal opportunity lending programs and non-discriminatory practices in the selection of residents for participation in local housing assistance programs.
The City identified barriers to fair housing through the Affirmatively Furthering Fair Housing Assessment. Actions the City will take to address the identified barriers and foster an inclusive community, include:
• Fair housing enforcement and outreach: Programs
HE-P (action A-D) and HE-V
A. Provide educational information on fair
housing to the public through distribution
of a fair housing brochure. The brochure
will be made available at the Solvang
Senior Center, the Solvang Library, City
Hall, and on the City website.
B. Provide a minimum of one
informational event on fair housing rights,
fair housing resources, and common
predatory practices, especially related to
older adults in partnership with Santa
Barbara County and other public and nonprofit agencies targeting central Solvang.
C. Provide information for to property
owners and managers on fair housing
laws and regulations on the City’s
website by 2025.
D. Continue to support efforts by the
Housing Authority of the County of Santa
Barbara and engage the Housing
Authority every two years to identify and
implement opportunities to expand
enforcement efforts and testing,
particularly in central Solvang.
H-5.1:
H-5.2:
H-5.3:
Planning Division General Fund (staff
time)
A: 2024
B: by 2026
C: by 2025
D: Engage Housing
Authority annually
E: by 2027
F: by 2026
G: By 2024
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• Housing stock age and lack of diversity: Programs
HE-A, HE-B, HE-H, HE-J, HE-K, HE-O, and HE-U
• Lack of affordable housing: Programs HE-C, HE-F,
HE-G, HE-M, HE-N, HE-O, and HE-U
• Residents vulnerable to displacement: Programs
HE-F, HE-G, HE-I, HE-J, HE-K, HE-M, HE-N, HE-O, HEP (action G), and HE-R • Limited transit access: HE-P (actions E and F)
The City has included additional objectives with this program.
The City shall monitor progress toward these objectives annually in the Annual Progress Report and shall implement additional measures, as necessary. [Source: Existing Program 18, modified]
E. Work with Santa Ynez Valley Transit to
make the application for Dial-A-Ride
services more accessible, by potentially
removing requirements for ADA
certification and physician sign off.
F. Work with local organizations,
particularly those that serve seniors and
persons with disabilities, to distribute
information on transit options.
G: Through the General Plan Update,
adopt programs that work to encourage
business diversification in new mixed-use
developments, as well as to encourage
new businesses and visitor attractions
that would enhance the existing business
mix, particularly in central Solvang where
lower income households, jobs, and
transportation options exist in higher
concentrations.
HE-Q Housing for Disabled Persons
The City will support the development, preservation, and rehabilitation of units to accessible to seniors and persons with disabilities, including developmental disabilities.
A. The City will encourage new developments to
provide a portion of units to meet the special
housing needs of seniors and persons with
disabilities, including developmental disabilities
B. The City shall pursue funding to assist with
construction and rehabilitation needs of housing
accessible to lower- and moderate-income persons
with a disability, including developmental
disabilities, and/or seniors
C. The City shall engage residents, developers, and
service providers to determine constraints to
accessible housing
A. Identify funding opportunities annually;
pursue one funding opportunity during
the planning period, with priority given to
projects in central Solvang in proximity to
transit opportunities.
E. Identify parcels appropriate for the
development of housing for senior or
residents; promote this list on the City
website within six months of
identification.
During the Planning Period, encourage
the development of 20 units accessible to
seniors and 20 units accessible to
persons with disabilities in central
Solvang.
H-2.10:
H-5.1:
Planning Division General Fund (staff
time)
A: on a project-byproject basis
B: identify funding
annually; pursue at
least one
opportunity by 2031
C: 2024
D: by 2026
E: by 2024
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D. Evaluate and revise, as necessary, the reasonable
accommodation ordinance by 2026
E. Encourage new affordable housing for seniors and
persons with a disability in central Solvang where
near public transit opportunities are concentrated.
[Source: Existing Program 19, modified]
HE-R Universal Design
The City shall adopt a universal design ordinance that works to accommodate a wide range of abilities including children, aging populations, and persons with disabilities. The City will work with local homebuilders to encourage the integration of universal design features in new construction, and will also encourage discussion of design options with home
purchasers prior to unit construction.
[Source: Existing Program 20, modified]
Evaluate and consider the model
ordinance prepared by the State of
California.
Adopt a universal design ordinance.
Provide information on universal design
techniques and the universal design
ordinance to developers and on the City
website.
H-2.3:
H-2.5:
H-2.10:
H-5.1:
Planning Division General Fund (staff
time)
Consider model
ordinances: by 2024
Adopt ordinance: by
2025
Information to
developers and
website: 2023 and
updated annually
HE-S Emergency Shelters and Transitional
and Supportive Housing
The City will promote and facilitate emergency, transitional and supportive housing facilities, including low-barrier navigation centers, in the following manner:
A. The City will contact religious institutions in
Solvang to inform them of the provisions of the
City's zoning ordinance allowing for emergency
shelters, transitional, and supportive housing.
B. The City will contact public agencies and non-profit organizations that serve homeless and nearhomeless clients in the area to inform them of the City's provisions.
C. The City will provide application assistance as
necessary to support funding requests for
emergency shelter or transitional and supportive
housing requests.
D. The City will meet annually with homeless service
providers to evaluate current and future needs for
Provide informational materials related to
emergency shelters, and transitional and
supportive housing, zoning regulations,
and funding opportunities to religions
institutions, public agencies, and service
providers.
Provide application support/technical
assistance in support of three funding
pursuits.
Identify funding opportunities annually.
H-2.1:
H-2.4:
H-2.10:
Planning Division General Fund (staff
time) HUD: Emergency
Solutions Grant
Program (ESG) or
Continuum of Care
Program (CoC)
United States
Department of
Agriculture (USDA):
Community Facilities
A: 2025
B: 2025
C: one by 2026, two
by 2028, 3 by 2031
D: Annually
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an emergency shelter or transitional and supportive
housing facility in Solvang. Should the need for
such facilities arise, the City will provide assistance in accessing state or federal funding for such
facilities by partnering with service providers, nonprofit agencies, and the Santa Barbara County Continuum of Care in the pursuit of grants.
[Source: Existing Program 21, modified]
HE-T Energy Conservation
The City is dedicated to assisting developers, renters, and property owners to increase their energy conservation
opportunities to encourage the incorporation of energy
saving features, energy saving materials, and energy efficient systems and design for residential development. The City recognizes that planning to maximize energy efficiency and the incorporation of energy conservation and green building features can contribute to reduced housing costs for
homeowners and renters, in addition to promoting
sustainable community design and reduced dependence on
vehicles. To promote energy conservation, the City shall:
A. Adopt the most recent California Green Building
Standards Code (CALGreen).
B. Provide public information on energy conservation
programs and alternative energy technologies to
residential developers, contractors, and property
owners through the City website.
C. Encourage the use of alternative energy
technologies in new and rehabilitated housing.
[Source: Existing Program 22, modified]
Adopt the most recent Green Building
Standards Code, as released.
Provide information on energy
conservation programs on the City
website.
H-4.4: Planning Division General Fund (staff
time)
A: within one year of
updates to
CALGreen
B: by 2025
C: on a project-byproject basis
HE-U Missing Middle Housing
The City will review and amend residential development
standards to encourage and promote a mix of dwelling types and sizes, specifically missing middle-density housing types (e.g., duplexes, triplexes, courtyard buildings, townhomes) to Evaluate development standards within
the zoning code by 2024
To enhance housing mobility and housing
choice, encourage the development of a
variety of missing middle housing types
in infill projects; support the development
H-2.1:
H-2.2:
H-3.2:
H-4.2:
Planning Division General Fund (staff
time)
2023-2031
Evaluate
development
standards: 2023
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encourage the development of housing types affordable to the local workforce.
Specifically, the City shall evaluate zoning standards related to minimum lot size and width, maximum lot coverage,
required setbacks, open space and landscaping
requirements, and parking ratios, particularly in high resource, low-density, infill parcels. The City shall meet with local developers, property owners, and non-profits agencies to identify constraints and potential incentives to infill and missing middle development in 2023 and shall adopt revised standards for such projects by June 30, 2024. [Source: New Program]
of two missing middle housing
developments between two and 8 units
To enhance housing mobility, encourage
the development of 8 moderate-income
units in high resource areas
Adopt revised
standards: by June
30, 2024
HE-V Housing Information Transparency
The City will, in accordance with AB 1483 (2019), obtain, maintain, update, and make publicly available information related to zoning ordinances, development standards, fees, exactions, affordability requirements, and fair housing laws from the Department of Housing and Community
Development, State Fair Employment, and Housing
Commission’s enforcement program, as well as programs
and funding sources for homeowners at risk of foreclosure, the State Historic Building Code, and information on energy conservation opportunities.
The City will, as appropriate, share this information on the City website and/or in hard copy form at City offices. Any changes to such information shall be made public within 30 days of changes. The City will provide these items in Spanish, as funding and staff time allows. [Source: New Program] Create and share a digital information
database in compliance with AB 1483 by
2024
Updated information is made publicly
available within 30 days of changes
Provide information in Spanish, as
funding allows
H-4.2: Planning Division General Fund (staff
time)
By 2024, and
updated regularly
HE-W Surplus and Excess Public Land
The City will, in accordance with AB 1486 (2019) and AB 1255 (2019), annually identify and inventory a list of sites owned by the City that have been sold, leased, or otherwise disposed of in the prior year. This inventory shall be publicly available and be included in the Housing Element annual report presented to the City Council and submitted to HCD. [Source: New Program]
Regularly maintain an inventory of
publicly owned surplus or excess land on
the City website
Annually release information regarding
publicly owned sites that have been sold,
leased, or disposed of
H-4.2: Planning Division General Fund (staff
time)
Annually
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HE-X Anti-Displacement Strategy
In combination with programs included in this Housing
Element, the City shall adopt a multi-pronged antidisplacement strategy to work to relieve displacement pressures caused by the increasing income gap and
increasing housing costs in the City. The strategy shall include measures that encourage affordable housing
production, work to preserve existing affordable housing, and protect current residents from displacement in rapidly
changing portions of the City, particularly in central Solvang where lower income households exist in higher
concentrations.
The anti-displacement strategy may include, but is not limited to, the following potential efforts:
Production: increase multifamily residential and mixed-use opportunities in commercial, office, and mixed-use areas beyond capacity to meet the RHNA; allow duplexes, triplexes, and multiple JADUs in lower density high resource areas; adopt an inclusionary housing ordinance.
Preservation: create partnerships with the Housing Authority to support acquisition of affordable units at-risk of
conversion to market rate; identify a code enforcement
specialist on staff that can provide technical assistance and information to property owners of lower income units to address code enforcement issues; seek funding to support rehabilitation of substandard multifamily units; establish a rent control ordinance; restrict conversion of existing units occupied by lower-income households to short term rentals; require replacement of all lower income units lost due to redevelopment.
Protect Current Residents: ensure first right of return to existing residents; establish a just cause eviction policy; develop an engagement strategy to disseminate information on tenant protections and available resources.
Discuss issues, opportunities, and
potential anti-displacement measures
with the public through events targeting
central Solvang, seniors, and residents
with a disability.
Adopt an anti-displacement strategy in
2025.
Preserve all existing affordable units.
Encourage the development of 50 lower
income units (beyond the RHNA), with a
target of 75 percent for seniors, residents
with a disability, and farmworkers.
Ensure housing options for the local
workforce, particularly those in the retail
or tourist-serving industries.
H-1.1
H-1.4
H-1.5
H-2.1
H-2.2
H-2.3
H-2.4
H-2.10
H-5.1
Planning Division General Fund (staff
time)
Engagement to
identify and evaluate
potential antidisplacement
measures: in 2023
and 2024
Public hearings and
adoption: in 2025
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HE-Y Objective Design Standards for By-Right
Multifamily Projects
The City shall work to remove constraints to housing
development imposed by design review and development
plan requirements.
As of 2023, most new development projects within the City, including multifamily residential developments, duplex units, townhomes, mixed-use developments, and condominiums,
have required review and approval by the Design Review
Committee (DRC). The City’s design guidelines, however, include subjective findings related to neighborhood
compatibility that are potential constraints. In response to these potential constraints, the City shall develop Objective Design Standards for multifamily development that improve development certainty, mitigate cost impacts, and are
approved without the need for project review by the DRC.
Further, Development Plans, which are required in the City’s primary multifamily zones (TRC, DR, and PRD zones), impose discretionary review on by-right residential uses in these zones, as well an additional public hearing. This process adds additional time and costs to the approval process and is a constraint to the development of by-right multifamily uses.
To mitigate this constraint, the City shall develop a ministerial review process for by-right multifamily uses in multifamily zones. The process will include Objective Design Standards, with specific standards related to the TRC zone (see program HE-E) and will not include subjective findings or discretionary approvals.
A. Review and evaluate current design
guidelines, including completing
stakeholder interviews with members of
the Design Review Committee, and
release a report documenting the findings
of the evaluation.
B. Draft Objective Design Standards for
by-right multifamily residential
development for public review.
C. Adopt Objective Design Standards in
2025.
D. Evaluate the Development Plan
process to identify necessary objective
provisions, as well as constraints to
multifamily development.
E. Amend the Zoning Code to provide a
ministerial review pathway to project
approval that incorporates necessary
objective provisions from the existing
Development Plan process but does not
impose subjective criteria or discretionary
approvals.
H-1.3:
H-3.1:
H-4.2:
Planning Division
Design Review
Committee (DRC)
General Fund (staff
time)
Actions A, B, and D:
2024
Actions C and E:
2025
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Public Hearing Draft Housing Needs Assessment, November 2023 | H-i 201
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Public Hearing Draft Housing Needs Assessment, November 2023 | H-iii Table of Contents
Introduction ........................................................................................................... 1 Housing Element Purpose.................................................................................................................................. 1 Authority .............................................................................................................................................................. 1 Status................................................................................................................................................................... 1 Consistency with the General Plan .................................................................................................................... 2 Associated General Plan Element Updates....................................................................................................... 2 Changes to State Law......................................................................................................................................... 2 Public Participation............................................................................................................................................. 9 Review of the Existing Housing Element............................................................... 25 Housing Production During the 2015-2023 Planning Period ......................................................................... 25 Progress in Implementation ............................................................................................................................. 26 Effectiveness of the 2015 Housing Element................................................................................................... 28 Demographic and Economic Trends ..................................................................... 29 Population Trends............................................................................................................................................. 29 Household Trends............................................................................................................................................. 34 Employment Trends.......................................................................................................................................... 38 Housing Conditions.............................................................................................. 41 Affordable Housing At-Risk of Conversion...................................................................................................... 44 Overpayment ..................................................................................................................................................... 46 Special Housing Needs ........................................................................................ 48 Non-Governmental and Governmental Constraints to Housing Production ........... 59 Non-Governmental Constraints........................................................................................................................ 59 Governmental Constraints................................................................................................................................ 63 Physical Constraints ......................................................................................................................................... 81 Zoning for a Variety of Housing Types ................................................................. 82 Housing Types Permitted by Zone................................................................................................................... 82 Multifamily Housing.......................................................................................................................................... 84 Density Bonuses................................................................................................................................................ 84 Employee and Agricultural Worker Housing.................................................................................................... 84 Emergency Shelters, Transitional Housing, and Supportive Housing ........................................................... 85 203
H-iv | Public Hearing Draft Housing Needs Assessment, November 2023 Low Barrier Navigation Centers ....................................................................................................................... 86 Single-Room Occupancy Units (SROs) ............................................................................................................ 86 Accessory Dwelling Units (ADUs) .................................................................................................................... 87 Secondary Use/Mixed Use ............................................................................................................................... 87 Manufactured Housing and Mobile Homes .................................................................................................... 88 Special Care Facilities....................................................................................................................................... 88 Opportunities for Energy Conservation................................................................. 90 Housing Resources.............................................................................................. 92 Future Housing Need ........................................................................................................................................ 92 Credits Toward the RHNA................................................................................................................................. 92 Residential Sites Inventory ............................................................................................................................... 96 Availability of Infrastructure ........................................................................................................................... 112 Financial Resources........................................................................................................................................ 113 Community Resources.................................................................................................................................... 114 Appendices........................................................................................................ 119 Appendix A: Affirmatively Further Fair Housing (AFFH)............................................................................ H-A-1 Appendix B: Evaluation of the Previous Housing Element........................................................................ H-B-1 Appendix C: Public Comments on the Public Review Draft Housing Element......................................... H-C-1 204
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Public Hearing Draft Housing Needs Assessment, November 2023 | H-v Tables
Table H-1 Fifth Cycle (2015-2023) Housing Element Progress ......................................................25 Table H-2 Population Growth Trends 2016 -2021, with 2010 Benchmark .....................................29 Table H-3 Population Projections, 2020-2050..................................................................................31 Table H-4 Age Characteristics and Trends 2010-2020....................................................................32 Table H-5 Racial Demographics, 2000-2020 ....................................................................................33 Table H-6 Income in The Past 12 Months (In 2020 Inflation-Adjusted Dollars) ............................34 Table H-7 Existing Households by Tenure........................................................................................35 Table H-8 Change in Number of Households by Tenure, 2010-2020 .............................................35 Table H-9 Household Size by Tenure ................................................................................................36 Table H-10 Overcrowding in Solvang, 2019........................................................................................36 Table H-11 City and County Housing Growth Trends 2011-2020 .....................................................37 Table H-12 Projected Housing Needs in Comparison to Nearby Jurisdictions ...............................37 Table H-13 Employment by Industry, 2020 .........................................................................................39 Table H-14 Job Forecast, 2020-2050 ..................................................................................................40 Table H-15 Housing Units by Type – Change over Time, 2010-2020 ...............................................42 Table H-16 Occupancy Status..............................................................................................................42 Table H-17 Housing Stock by Type of Vacancy..................................................................................43 Table H-18 Solvang Age of Housing Stock.........................................................................................44 Table H-19 Assisted Units at Risk of Conversion...............................................................................44 Table H-20 Affordable Unit Inventory ..................................................................................................45 Table H-21 Cost Burdened Households in Solvang ...........................................................................46 Table H-22 Owner Occupied Cost Burdened Households .................................................................47 Table H-23 Renter Occupied Cost Burdened Households .................................................................47 Table H-24 Population of Special Needs Groups, 2020.....................................................................48 Table H-25 Housing Cost Burden Greater than 30% ..........................................................................49 Table H-26 Housing Cost Burden Greater than 50% ..........................................................................49 Table H-27 Projected Extremely Low-Income Housing Needs (RHNA)............................................50 Table H-28 Senior Households by Tenure, 2020 ................................................................................51 Table H-29 Persons with Disabilities by Type of Disability, 2020......................................................52 Table H-30 People with Developmental Disabilities by Age, Solvang...............................................53 Table H-31 People with Developmental Disabilities by Residence, Solvang....................................53 Table H-32 Households by Number of Persons .................................................................................54 Table H-33 Number of Bedrooms........................................................................................................55 205
H-vi | Public Hearing Draft Housing Needs Assessment, November 2023 Table H-34 For Sale Vacant Residential Parcels, November 2022 ...................................................60 Table H-35 Rental Affordability by Income Level, Solvang ................................................................61 Table H-36 Monthly Housing Costs, 2020 ..........................................................................................63 Table H-37 Land Use Categories Permitting Residential Use ...........................................................64 Table H-38 Residential Development Standards................................................................................65 Table H-39 Residential Setbacks.........................................................................................................67 Table H-40 Parking Requirements.......................................................................................................69 Table H-41 Estimated Typical Timeline for Projects Requiring Discretionary Review ....................74 Table H-42 Allowable Modifications ...................................................................................................75 Table H-43 Planning Fees, August 2022 .............................................................................................77 Table H-44 Estimated Building Fees for 2000-2500 ft2 Single-family Home, August 2022 ............78 Table H-45 Estimated Building Fees for a New 5,000 ft2 Two-Story 10-unit Multi-Family Project .79 Table H-46 Housing Types Permitted by Zone...................................................................................83 Table H-47 List of Special Care Facilities ...........................................................................................89 Table H-48 Projected Housing Needs (Regional Housing Need Allocation)....................................92 Table H-49 Summary of Pending and Approved Projects .................................................................93 Table H-50 Accessory Dwelling Units Constructed, 2019-2021........................................................95 Table H-51 ADU Affordability Assumptions for the Sixth Cycle........................................................95 Table H-52 List of Vacant Sites Not Requiring Rezones....................................................................98 Table H-53 Progress Toward RHNA................................................................................................. 101 Table H-54 List of Vacant Sites with Proposed Rezoning .............................................................. 104 Table H-55 Site B Summary .............................................................................................................. 105 Table H-56 Site C Summary .............................................................................................................. 107 Table H-57 Site D Summary .............................................................................................................. 110 Table H-58 Sites Inventory ................................................................................................................ 112 206
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Public Hearing Draft Housing Needs Assessment, November 2023 | H-vii Figures
Figure H-1 Population Growth Since 2010.........................................................................................30 Figure H-2 Projected Population Growth, 2020-2050........................................................................31 Figure H-3 Housing Units by Type, 2021 ............................................................................................41 Figure H-4 Single Family Home Values, 2000-2022 ..........................................................................62 Figure H-5 Vacant Sites Suitable for Development ...........................................................................97 Figure H-6 Vacant Sites with Proposed Rezoning.......................................................................... 103 Figure H-7 HASBARCO Managed Properties Near Solvang........................................................... 115 207
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Public Hearing Draft Housing Needs Assessment, November 2023 | H-1 Introduction
Since 1969, California Housing Element Law has required that local governments develop plans to accommodate and facilitate housing for current and future residents, at all income levels. California planning law provides more detailed requirements for the housing element than for any other element of the general plan. The State Legislature has found that "the availability of housing is of vital statewide importance, and the early attainment of decent housing and a suitable living environment for every California family is a priority of the highest order. The Housing Element consists of two parts, the Housing Needs Assessment (Needs Assessment) and the Housing Element Policy Document.
This document, the Needs Assessment, identifies and analyzes the existing and projected housing needs, provides a list of sites for housing development that are adequate to accommodate the City’s regional housing needs allocation, documents constraints to housing production, and analyzes fair housing issues and contributing factors. In short, the Needs Assessment provides the context for the City's housing action plan.
In response to this thorough analysis and public outreach, the Housing Element Policy Document outlines the City’s goals, policies, programs, and quantified objectives to meet the identified housing needs through development, rehabilitation, and preservation. The Policy Document is the action plan that responds directly to the findings of the Housing Needs Assessment and input from the community. The City will implement the actions specified in the Policy Document throughout the eight-year planning period.
Housing Element Purpose
The purpose of the Housing Element is to establish a comprehensive plan to address housing needs in Solvang over the eight-year planning period between February 15, 2023, through February 15, 2031. The Housing Element sets the policies surrounding the development, rehabilitation, and preservation of housing units that meet the needs of Solvang residents.
Authority
Housing Elements are required by section 65302(c) of the California Government Code. Housing Elements are one of seven mandatory General Plan Elements. Specific requirements for Housing Elements are set forth beginning at section 65580 of the Government Code, with additional guidance provided by the State Department of Housing and Community Development (HCD). The combination of the Housing Needs Assessment and the Housing Element Policy Document will address all applicable requirements of state law.
Status
The Solvang City Council adopted the prior Housing Element on April 27, 2015, for the planning period ranging from February 15, 2015, through February 15, 2023. Upon review of the adopted Housing Element, HCD sent the City of Solvang a letter of compliance on June 16, 2015. The 2023-2031 Housing Element Update will plan for Solvang’s housing needs through the 8-year planning period of February 15, 2023, through February 15, 2031. While the City’s policies and programs guide housing development during the planning period, the City receives credit for housing units that are built during the Regional Housing Need Assessment (RHNA) projection period, which is June 20, 2022, through February 15, 2031, a period of 8.5 years.
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H-2 | Public Hearing Draft Housing Needs Assessment, November 2023 Consistency with the General Plan
California Government Code Section 65300.5 requires that a general plan be internally consistent, meaning that no conflicts exist among the elements of the plan. Government Code section 65583(c) requires that a Housing Element describe how consistency has been achieved among the general plan elements. The most important aspect of consistency among general plan elements is that policies and implementation measures do not conflict but support one another to achieve the overall goals and vision of a general plan.
In preparing the 2023-2031 Housing Element, the City is also concurrently drafting a comprehensive General Plan update.
Throughout the development of the Housing Element and General Plan Updates, City staff and decision-makers reviewed each Element to ensure consistency amongst Elements as well as with the General Plan Vision and Guiding Principles.
Additionally, if the General Plan is amended during the planning period, the City will review the Housing Element for internal consistency and make any necessary revisions.
Associated General Plan Element Updates
California Government Code 65302 et seq. requires that the Safety Element be revised upon the adoption of the Housing Element to identify updated information regarding flood and fire hazards and evacuation routes. The City is updating the General Plan, including the Safety Element concurrent with the Housing Element Update.
California Government Code 65302 also requires that cities and counties with disadvantaged communities update the Environmental Justice Element to identify objectives and policies to reduce the unique or compounded health risks in disadvantaged communities, promote civic engagement, and prioritize improvements and programs that address the needs of disadvantaged communities. The City does not have any identified disadvantaged communities as defined by California Government Code 65302(h) et seq. Therefore, the City is not required to draft an Environmental Justice Element and/or Disadvantaged Communities Element.
Changes to State Law
The following items represent substantive changes to State housing law since the City’s last Housing Element was adopted and certified. While this is not an exhaustive list, a majority of these items are state mandates that must be addressed in the Housing Element.
Affordable Housing Streamlined Approval Process: Senate Bill 35 (2017) SB 35 requires a streamlined, ministerial review process, or objective design standards, for qualifying multifamily, urban infill projects in jurisdictions that haven’t approved sufficient housing projects to meet their State‐mandated RHNA.
Among other requirements, to qualify for streamlining under SB 35, a project must incorporate one of two threshold levels of affordable housing: (1) 10 percent of the project units in jurisdictions that have not approved housing projects sufficient to meet their RHNA for above moderate‐income housing or have failed to submit an annual progress report as required under state law; or (2) 50 percent of the project units in jurisdictions that have not approved housing projects sufficient to meet their RHNA for below moderate‐income housing. Additionally, the Housing Element must describe the City's processing procedures related to SB 35.
Solvang is currently not subject to SB 35 Streamlining Provisions given its status of one of a small handful of jurisdictions statewide that have met and exceeded their RHNA obligations for the 2015-2022 planning period. However, jurisdictions are still required to have a procedure in place if development doesn’t keep pace with the needs outlined in the 2015-2023 210
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Public Hearing Draft Housing Needs Assessment, November 2023 | H-3 RHNA. Currently, the City has not adopted a procedure for SB 35 streamlining. Program HE-N commits the City to codifying a streamlined review process in accordance with SB 35.
Additional Housing Element Sites Analysis Requirements: Assembly Bill 879 (2017) and Assembly Bill 1397 (2017)
These bills require additional analysis and justification of the sites included in the sites inventory of the City Housing Element. The Housing Element may only count non‐vacant sites included in one previous housing element inventory and vacant sites included in two previous housing elements if the sites are subject to a program that allows affordable housing by right. Additionally, the bills require additional analysis of non‐vacant sites and additional analysis of infrastructure capacity, and by place size restrictions on all sites.
The site inventory analysis in this housing element analyzes local infrastructure capacity in compliance with AB 879 and AB 1397. Several vacant sites are identified as recycled sites that were used in two previous housing elements. To comply with AB 879 and AB 1397, Program HE-J commits the City to ministerial approval of the development of recycled Housing Element sites where 20 percent or more of the units planned on site are lower income units.
Affirmatively Furthering Fair Housing: Assembly Bill 686 (2017) AB 686 requires the City to administer its housing programs and activities in a manner to affirmatively further fair housing and not take any action that is inconsistent with this obligation. The City must take actions to overcome patterns of segregation, address disparities in housing needs and access to opportunity, and foster inclusive communities. The Housing Element must include an assessment of fair housing practices, an examination of the relationship of available sites to areas of high opportunity, and actions to affirmatively further fair housing.
The City has included an AFFH analysis in Appendix A and meaningful actions that proactively work to further fair housing in the Policy Document.
No-Net-Loss Zoning: Senate Bill 166 (2017)
SB 166 amended the No‐Net‐Loss rule to require that the land inventory and site identification programs in the Housing Element include sufficient sites to accommodate the unmet RHNA. When a site identified in the Housing Element as available to accommodate the lower‐income portion of the RHNA is actually developed for a higher income group, the City must either (1) identify, and rezone, if necessary, an adequate substitute site or (2) demonstrate that the land inventory already contains an adequate substitute site.
The City has identified residential capacity to meet the 2023-2031 RHNA allocation. Program HE-J is included to commit the City to monitoring development such that if any lower income sites inventory sites are developed for higher income groups, substitute sites will be identified.
Safety Element to Address Adaptation and Resiliency: Senate Bill 1035 (2018) SB 1035 requires the General Plan Safety Element to be reviewed and revised to include any new information on fire hazards, flood hazards, and climate adaptation and resiliency strategies with each revision of the housing element.
The City is concurrently updating its Safety Element, which includes SB 1035 provisions, alongside this Housing Element Update, in compliance with SB 1035.
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H-4 | Public Hearing Draft Housing Needs Assessment, November 2023 By Right Transitional and Permanent Supportive Housing: Assembly Bill 2162 (2018), Senate Bill 48 (2018), and Assembly Bill 101 (2019)
AB 2162 requires the cities and counties to provide a “by right” process and expedited review for supportive housing.
Additionally, the bill prohibits jurisdictions from applying a conditional use permit or other discretionary review to the approval of 100 percent affordable developments that include a percentage of supportive housing units, either 25 percent or 12 units, whichever is greater. This applies to sites in zones where multifamily and mixed uses are permitted, including in nonresidential zones permitting multifamily use. The City, as codified in Municipal Code Section 11-6A-2, 11-6B-2, and 11-6C-4, allows both supportive and transitional housing by-right in all residential zoning districts but not in the AG zone, which allows single-family residential uses. The City currently does not comply with these requirements of AB 2162. Program HE-O commits the City to ensuring compliance with AB 2162.
Additionally, AB 101 and SB 48 require that a Low Barrier Navigation Center development be a use allowed by right in mixed-use zones and nonresidential zones permitting multifamily uses if it meets specified requirements. The City does not currently comply with this requirement. Program HE- O commits the City to allowing Low Barrier Navigation Centers, by right, in mixed-use zones and nonresidential zones permitting multifamily uses.
Accessory Dwelling Units: Assembly Bill 2299 (2016), Senate Bill 1069 (2016), Assembly Bill 494 (2017), Senate Bill 229 (2017), Assembly Bill 68 (2019), Assembly Bill 881 (2019), Assembly Bill 587 (2019), Senate Bill 13 (2019), Assembly Bill 670 (2019), Assembly Bill 671 (2019), Assembly Bill 3182 (2020), Assembly Bill 2221 (2022), and Senate Bill 897 (2022)
In recent years, multiple bills have added requirements for local governments related to Accessory Dwelling Unit (ADU) regulation. The 2016 and 2017 updates to State law included changes pertaining to the allowed size of ADUs, permitting ADUs by right in at least some areas of a jurisdiction, and parking requirements related to ADUs. More recent bills reduce the time to review and approve ADU applications to 60 days and remove lot size and replacement parking space requirements. AB 68 allows an ADU and a junior ADU to be built on a single-family lot, if certain conditions are met. The State has also removed owner-occupancy requirements for ADUs, created a tiered fee structure that charges ADUs based on their size and location, and prohibits fees on units of less than 750 square feet. In addition, AB 670 prohibits the restriction of the construction of JADUs and ADUs on single family lots and AB 671 requires the Housing Element to include plans to incentivize and encourage affordable ADU rentals. AB 2221 clarifies previous legislative language by specifying that ADUs need to be approved or denied within 60 days of the date of application submittal and AB 3182 stipulates that if a local agency hasn’t acted on an ADU application in 60 days, it is automatically approved. SB 897 increases the height limit to 18 feet for a detached ADU within a half mile of a major transit stop; and 25 feet (or base zone height, whichever is less) for attached ADUs, effectively allowing two-story ADUs.
The City currently does not comply as there is no adopted accessory dwelling unit ordinance in effect. The City’s previous ADU ordinance, known as the Second Residential Units ordinance, was not compliant with state law, repealed in 2017, and will be removed from the code in 2023. For any current matters regarding ADU regulation, the City currently defers to State law regarding Accessory Dwelling Unit regulation and is in the process of codifying reliance on state ADU standards in section 11-12-4 of the Solvang Municipal Code. Program HE-H commits the City to adopting codifying the reliance on state ADU standards and promoting the development of ADUs during the planning period. 212
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Public Hearing Draft Housing Needs Assessment, November 2023 | H-5 Density Bonus: Assembly Bill 1763 (2019), AB 2345 (2020), AB 682 (2022), AB 1551 (2022), and AB 2334 (2022)
AB 1763 amended California’s density bonus law to authorize significant development incentives to encourage 100 percent affordable housing projects, allowing developments with 100 percent affordable housing units to receive an 80 percent density bonus from the otherwise maximum allowable density on the site. Additionally, the law stipulates that if a project is within half a mile of a major transit stop (as defined by Public Resources Code Section 21064), a jurisdiction may not apply any density limit to the project. Solvang does not have any transit stops that match the definition of a “major” transit stop according to State law.
AB 2345 further amended California’s density bonus law to allow residential projects with some on-site affordable housing to receive a density bonus of up to 50 percent. Specifically, a residential development is eligible for a 50 percent density bonus if 11 percent of the units are very low-income, 20 percent are low-income units, or 40 percent are moderate-income units. The affordable units must remain affordable for a minimum of 55 years. In addition to the density bonus, qualifying projects will receive four regulatory incentives or concessions, depending on how much of the development includes affordable units. Specifically:
• One incentive or concession for projects that include at least 10 percent of the total units for lower-income households, at least 5 percent for very low-income households, or at least 10 percent for persons and families of moderate-income in a common interest development.
• Two incentives or concessions for projects that include at least 17 percent of the total units for lower-income households, at least 10 percent for very low-income households, or at least 20 percent for persons and families of moderate-income in a common interest development.
• Three incentives or concessions for projects that include at least 24 percent of the total units for lower-income households, at least 15 percent for very low-income households, or at least 30 percent for persons and families of moderate-income in a common interest development.
• Four incentives or concessions for projects where one hundred percent of all units in the development, including total units and density bonus units, but exclusive of a manager’s unit or units, are for lower income households, as defined by Section 50079.5 of the Health and Safety Code, except that up to 20 percent of the units in the development, including total units and density bonus units, may be for moderate-income households, as defined in Section 50053 of the Health and Safety Code. For these projects, if it is located within one-half mile of a major transit stop, the applicant also receives a height increase of up to three additional stories (33 feet).
AB 682 expands the Density Bonus Law to include “shared housing buildings” as a housing development eligible for a density bonus. The bill defines a “shared housing building” as a residential mixed-use structure with five or more shared housing units and one or more common kitchens and dining areas designed for permanent residence (>30 days) by its tenants. Additionally, the bill does not allow a local jurisdiction to require any minimum unit size requirements or minimum bedroom requirements for a shared housing building.
AB 1551 reinstates a previous law that sunsetted on January 1, 2022, that granted commercial density bonuses to commercial developers. To be eligible for one of the six commercial density bonuses the developer must partner with an affordable housing developer to build affordable housing where at least 30 percent are affordable to low-income households or 15 percent are affordable to very low-income households. The affordable units can either be built on the commercial site, or the developer can donate land or a cash payment to the affordable housing developer to construct affordable housing units elsewhere in the jurisdiction. 213
H-6 | Public Hearing Draft Housing Needs Assessment, November 2023 AB 2334 encourages higher densities in urban, infill development areas. Existing State law grants enhanced density bonuses for affordable housing developments located near transit. AB 2334 expands on this law by allowing unlimited density and a 33-foot height increase for 100 percent affordable housing developments located in “very low vehicle travel areas”. The bill defines “very low vehicle travel areas” as an urbanized area where existing residential development generates less than 85 percent of either regional or city vehicle miles traveled (VMT) per capita. This new definition differs from existing law in that it does not require projects to be within a certain distance of a transit stop to be eligible for the maximum density bonus. Solvang does not fit into the regulatory definitions of a “very low vehicle travel area” as defined by AB 2334.
The City of Solvang complies with State density bonus law as the City has established density bonus provisions for affordable housing that directly defer to California Government Code 65915 in Municipal Code Section 11-12-23.
Housing Crisis Act of 2019: Senate Bill 330 (2019)
SB 330 enacts changes to local development policies, permitting, and processes that will be in effect through January 1, 2025. SB 330 places new criteria on the application requirements and processing times for housing developments; prevents localities from decreasing the housing capacity of any site, such as through downzoning or increasing open space requirements, if such a decrease would preclude the jurisdiction from meeting its RHNA housing targets; prevents localities from establishing non-objective standards; and requires that any proposed demolition of housing units be accompanied by a project that would replace or exceed the total number of units demolished. Additionally, any demolished units that were occupied by lower-income households must be replaced with new units affordable to households with those same income levels. The Housing Element must describe the City's processing procedures related to SB 330.
The City currently does not comply as it does not have any statutory requirements that ensure compliance with SB 330 provisions. Program HE-N commits the City to updating the Municipal Code for compliance with SB 330.
Surplus Land Act Amendments: Assembly Bill 1486 and AB 1255 (2019) AB 1486 refines the Surplus Land Act to provide clarity and further enforcement to increase the supply of affordable housing. The bill requires the City to include specific information relating to surplus lands in the Housing Element and Housing Element Annual Progress Reports and to provide a list of sites owned by the City that have been sold, leased, or otherwise disposed of in the prior year. AB 1255 requires the City to create a central inventory of surplus and excess public land each year. The City is required to transmit the inventory to the Department of Housing and Community Development and to provide it to the public upon request.
There are currently no City-owned surplus lands suitable for residential development in Solvang. The City will evaluate parcels each year and will report findings to HCD in the Housing Element Annual Progress Report.
Housing Information Transparency: Assembly Bill 1483 (2019) AB 1483 requires the City to publicly share information about zoning ordinances, development standards, fees, exactions, surplus public lands, fair housing resources, and affordability requirements. The City is also required to update such information within 30 days of changes.
The City provides this information on its website and is committed to updating the material as necessary throughout the planning period (Program HE-V). Additionally, Programs HE-F, HE-G, and HE-J include actions to ensure transparency on housing-related matters.
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Public Hearing Draft Housing Needs Assessment, November 2023 | H-7 Emergency and Transitional Housing Act of 2019: Assembly Bill 139 (2019) AB 139 established new criteria for evaluating the needs of the homeless population. The analysis must assess the capacity to accommodate the most recent homeless point-in-time count by comparing that to the number of shelter beds available on a year-round and seasonal basis, the number of beds that go unused on an average monthly basis, and the percentage of those in emergency shelters that move to permanent housing. The bill also established new parking standards for emergency shelters. Lastly, the bill requires the Housing Element to include a review of the effectiveness of the housing element goals, policies, and related actions to meeting the jurisdiction’s special housing needs (see the Review of the Existing Housing Element section and Appendix B).
The Housing Element provides information on the homeless point-in-time count in the Special Housing Needs section.
The City currently does not have an emergency shelter for people experiencing homelessness. Program HE-S commits the City to meeting with homeless service providers, periodically, to evaluate current and future needs for people experiencing homelessness.
Standardization of Sites Inventory Analysis and Reporting: Senate Bill 6 (2019) SB 6 requires the City to electronically submit the sites inventory to HCD using the standards, form, and definitions adopted by HCD.
The City is compliant with SB 6 as it sends HCD standardized annual progress reports to HCD and reports on housing element program process annually. However, this process has not been formally written in a housing element program thus far. Program HE-J commits the City to submitting the final sites inventory to HCD, in compliance with standardized procedures, with the adopted Housing Element. Program HE-J also commits the City to updating the inventory annually based on development activity and providing annual reports on progress to the City Council.
Evacuation Routes: Senate Bill 99 and AB 747 (2019)
AB 747 and SB 99 require the General Plan Safety Element to be updated to identify evacuation routes and their capacity, safety, and viability under a range of emergency scenarios and to include information identifying residential developments in hazard areas that do not have at least two emergency evacuation routes, such as the Old Mission Drive area west of Alamo Pintado Road. Concurrently with the Housing Element Update, the City is revising the Safety Element, which includes identifications of evacuation routes in compliance with State law.
Housing Development in Dense, Urban Areas: Senate Bill 10 (2021) SB 10 authorizes local governments to adopt an ordinance to zone any parcel to a density of ten units per acre if the parcel is located in a transit-rich area or an urban infill site, even if there are existing local restrictions on adopting such a zoning ordinance. If there are existing local zoning restrictions on the parcels that are planned to be upzoned, a twothirds vote by the legislative body, such as the City Council, would be able to supersede existing regulations to apply an allowance of a density of ten units per acre. In effect, SB 10 allows local governments the option of upzoning parcels despite existing zoning or applicable ordinances.
Although Solvang has no “transit-rich areas,” as defined in Public Resources Code Section 21064.3, there are some sites which may be considered “urban infill sites” that would be subject to the provisions of SB 10. SB 10 does not require a Municipal Code amendment for compliance. SB 10’s provisions remain as a possible tool for Solvang’s City Council to implement, in the case that there is a desire to increase housing through this particular method. 215
H-8 | Public Hearing Draft Housing Needs Assessment, November 2023 Abolition of Parking Minimums Near Major Transit: Assembly Bill 2097 (2022) SB 2097 prohibits jurisdictions from imposing any minimum parking requirements on any development, residential or otherwise, within a half mile of a major transit stop, as defined by Public Resources Code Sections 21155 and 21064.3.
The bill allows for an exemption if the development is (1) a housing development with 20 percent of the units dedicated to lower-income householders, moderate income households, students, the elderly, or persons with disabilities, (2) has less than twenty housing units, or (3) already has parking restrictions enforced by other laws. Solvang does not have any transit stops that match the definition of a “major” transit stop according to State law, therefore AB 2097 does not apply to Solvang.
Affordable Housing and Road Jobs Act: Assembly Bill 2011 (2022) AB 2011 opens new opportunities for affordable housing development by allowing qualified residential development in commercially zoned areas. The bill creates a streamlined, ministerial approval process for two types of projects: 1) 100 percent affordable housing projects in commercial zones, and 2) mixed-income housing projects along commercial corridors where 15 percent of units are affordable to lower income households. In both cases, the proposed project site cannot be adjacent to industrial uses or environmentally sensitive areas.
Additionally, AB 2011 imposes labor standards for the projects listed above to promote high-paid, middle-class construction jobs. Developers are required to use contractors that pay workers a general prevailing wage, participate in a State-approved apprenticeship program, and offer health benefits for projects of 50 units or more.
AB 2011 takes effect July 1, 2023 and sunsets on January 1, 2033.
Program HE-O commits the City to amending the Municipal Code create a ministerial process for constructing residential developments in commercially zoned areas, subject to requirements provided in California Government Code Sections 65400 and 65585, in compliance with AB 2011.
Middle Class Housing Act: Senate Bill 6 (2022)
Similar to AB 2011, SB 6 provides new opportunities for affordable housing development by allowing residential development in commercial zones; however, SB 6 does not create a ministerial approval process for these projects and does not have as strict of development standards as in AB 2011. SB 6 allows residential development in commercial zones, without the need of rezoning, for projects 20 acres or less. Projects must either be 100 percent residential or mixed use where a majority of the square footage (at least 50 percent) is dedicated residential space. SB 6 does not impose any minimum affordability requirements but does require developers to use a skilled and trained workforce (union labor) and pay a prevailing wage.
SB 6 takes effect July 1, 2023 and sunsets on January 1, 2033.
Program HE-O commits the City to amending the Municipal Code to allow the residential developments in commercially zoned areas without rezoning, provided that the projects meet the requirements provided in California Government Code Sections 65913.4 and 65852.24, in compliance with SB 6.
AB 2011 vs. SB 6
Although AB 2011 and SB 6 are similar in their scope, the State approved both, leaving the decision up to developers to decide which is more beneficial to their project. While both bills allow for residential development in commercially zoned areas, AB 2011 has a greater emphasis on affordability requirements and ministerial approval, whereas SB 6 has a 216
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Public Hearing Draft Housing Needs Assessment, November 2023 | H-9 greater emphasis on labor standards and less restrictive development standards. Both laws are set to sunset in 2033 at which time there will be a review of each law with the possibility of one or both laws being extended, or a merging of the two.
Ministerial Approval of Urban Lot Splits: Senate Bill 9 (2021) SB 9 aims to increase density in single family zones by requiring ministerial approval of two primary dwelling units in a single-family zone and/or the subdivision of a parcel in a single-family zone into two parcels. The overall goal of SB 9 is to allow for theoretically four units of housing, two primary and two accessory, on what was once a singular plot of land.
Provisions of the law include the modification or elimination of development standards, such as setbacks, on a case-bycase basis, to allow for the construction of two primary dwelling units on lots that wouldn’t otherwise have the necessary space to accommodate both two dwelling units and municipal development standards.
The city is currently not in compliance with the requirements of SB 9. Program HE-N commits the City to amending the Municipal Code to allow for a process for ministerial approval of urban lot splits in compliance with SB 9.
Public Participation
Section 65583(c)(5) of the Government Code states that, "The local government shall make diligent effort to achieve public participation of all the economic segments of the community in the development of the housing element, and the program shall describe this effort." Public participation played a critical role in the formulation and refinement of the County’s housing goals and policies.
Housing issues affect the entire community – residents, employers, and the public and private sectors. The public participation requirement of the Housing Element Law presents an opportunity to engage constituents in a dialogue – defining problems and creating solutions. The inclusion of community stakeholders in the housing element public participation process helps ensure appropriate housing strategies are more efficiently and effectively evaluated, developed, and implemented. An inadequate public participation process may lead to community conflict or in worse case scenarios, anti-development initiatives, and Not In My Back Yard (NIMBY)-ism). Successful public participation is important because a diverse cross section of the population can be engaged in defining the housing problem and in crafting community sensitive solutions. Another benefit of broad participation and true engagement of the public is that when it is time to adopt housing strategies and approve housing developments, a greater portion of the community has been involved and participated in the plan and more frequently will support its implementation. Meaningful participation creates stakeholders in the ultimate outcome of the process.
In response to the need for public participation, City Staff worked with consultants to develop a robust community engagement program tailored to ensure the community and other stakeholders are engaged in the process and are given ample opportunities to provide input. The key objective of the community engagement program is to maximize opportunities for everyone interested in the Housing Element to participate. The engagement program includes branding, a project website, newsletters and eBlasts, announcements on the City website and social media, multiple workshops, a Housing Element Focus Group, and Planning Commission and City Council study sessions and hearings. This section summarizes our engagement program.
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H-10 | Public Hearing Draft Housing Needs Assessment, November 2023 Branding
A branding package was prepared for the General Plan Update. This included a project logo and style templates for all work products, maps, presentations, and publicity materials. The common branding helps to build recognition for the project and ensures that this effort is distinct in the minds of the community. The logo to the right is used on all materials developed for all Elements being updated during the PlanSolvang General Plan Update process, which includes the 2023- 2031 Housing Element.
Housing Element Webpage
During the development and review of the Housing Element, the City created and maintained a webpage on the PlanSolvang General Plan Update website with a webpage dedicated to the 2023-2031 Housing Element Update. This webpage provided easy access to information on the Project, including general information about Housing Elements and details about workshops and other engagement opportunities. Project documents were posted to the website and comments were encouraged through the provided "Comments" button on each page. A button on the website allowed residents to sign up for the email list.
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Public Hearing Draft Housing Needs Assessment, November 2023 | H-11 https://plansolvang.com/
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H-12 | Public Hearing Draft Housing Needs Assessment, November 2023 https://plansolvang.com/housing
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Public Hearing Draft Housing Needs Assessment, November 2023 | H-13 https://plansolvang.com/documents
Project Business Cards
To encourage the use of the project website, business cards were created for the Project. The cards were provided to the City, distributed at community engagement events, and can be easily handed out to those looking for additional information on the Housing Element Update. Each card lists the project website address and a QR Code that can direct users to that website.
A
B
C
A: Google Translate Tool: This tool allows users to translate the entire website into Spanish.
B: Email and Contact Buttons: These buttons allow users to join the project email list or provide a comment to the project Team.
C: Accessibility Widget: This widget allows users to choose visibility options for greater accessibility 221
H-14 | Public Hearing Draft Housing Needs Assessment, November 2023 Housing Element Overview Newsletter
The Housing Element Overview Newsletter describes what a housing element is, how and why it is being updated, the project schedule, and how to get involved in the Update process. The newsletter provides an overview of the Regional Housing Needs Allocation (RHNA) process and provides multiple ways to learn about upcoming community engagement opportunities. The newsletter was distributed in both English and Spanish and was made available from the project website.
eBlasts
Email notifications (eBlasts) are sent out to announce upcoming events and the release of project-related documents.
Email addresses were compiled from those requesting notification from the City and from those signing up on the project website and at project events. As of July 2022, the Housing Element email list has 1,111 subscribers.
Images of the newsletter and an eBlast are included on the following pages. 222
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Public Hearing Draft Housing Needs Assessment, November 2023 | H-15 223
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H-18 | Public Hearing Draft Housing Needs Assessment, November 2023 Public Workshops
Throughout the Housing Element Update, City Staff worked with the consultant team to hold community workshops at critical points in the process.
Workshop #1: Housing Element Workshop
On Thursday, March 24, 2022, the City of Solvang held a Community Workshop to discuss the Housing Element Update.
The workshop included an introduction to the Housing Element and new State requirements, as well as an opportunity for the public to provide comments on housing concerns in the community. Comments received during the meeting are listed below. With each comment, we have provided information on how the information informed the Housing Element.
Comments
• Water is a constraint and should be evaluated (evaluated under the heading Availability of Infrastructure) • The public would benefit from visual examples of twenty dwelling units per acre (visual examples were provided in Workshop #2).
• Parcels along Alamo Pintado Road: consider access issues, traffic concerns, and grade separations when analyzing feasibility at these (and other) sites. (this comment informed the development of the sites inventory) • Provide translation services to engage Spanish-speaking residents and community groups (in addition to the newsletter and website, advertising for Workshop #2 was provided in Spanish) Workshop #2: Housing Opportunity Sites
On Wednesday, May 11, 2022, the City of Solvang held a Community Workshop to discuss the Housing Element Update and potential housing opportunity sites. The workshop included an introduction to the Housing Element and the Regional Housing Needs Allocation, a walkthrough of five vacant sites for consideration, and opportunities for the public to provide comments. A slide from the workshop displaying various vacant sites in the City is shown below. 226
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Public Hearing Draft Housing Needs Assessment, November 2023 | H-19 Comments1
Comments received during the meeting are listed below. These comments informed the development of the sites inventory, including site selection and realistic capacity assumptions. • Site 1 may have an HOA requirement.
• Traffic is an issue. Too many 4-way stops. The corridor is a thoroughfare for traffic moving through the community, and drivers use side streets when traffic backs up. Intersections are dangerous. • The area is a high visibility gateway to the city.
• There are compatibility concerns with the adjacent housing. • Sites should not be ruled out early in the process.
• Proposed sites back to single family homes.
• Access onto Alamo Pintado is constrained and problematic. • Site 3 has privacy landscaping and is sited opposite the hospital emergency room. • Site 4 is hilly, with steep slopes, and sits well above the roadway below. The northern end of the site sits approximately sixty feet above the elevation at the southern boundary. • Site 5 is located at a busy intersection; parcel may have an easement on part, reducing the available acreage. • Parking is impacted in the area, including into adjacent neighborhoods. 1 The labeling of the sites since Community Workshop #2 has changed. Sites 1 and 2 are no longer a part of the Sites Inventory. Site 3 is equivalent to Site A in the Sites Inventory. Sites 4 and 5 are equivalent to Site B in the Sites Inventory.
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H-20 | Public Hearing Draft Housing Needs Assessment, November 2023 • With the lack of vacant parcels in the city, these sites should not be disregarded. • The City should consider underutilized commercial and industrial parcels and additional residential sites for pointed rezones, including small sites.
• Sites are near new shopping centers and cottages, which impact traffic and parking. • Developers will dictate improvements and feasibility. • There are watershed management issues around the five sites. Sheet flow from Site 3 was reported to flow into roadways leaving debris.
• Current residents should be considered.
• The Community Design Element identifies a scenic vista that includes these parcels within the boundary. The City also has policy language that discourages development above the grade of the roadway to protect skyline views. These are constraints to multifamily housing types at the proposed sites. • Excessive grading is needed.
• For comparison, Alisal Oaks has a 40-foot elevation change and eighty units exist there. • Mixed-use development should be considered.
Surveys
Housing Needs Survey
The City conducted a Housing Needs Survey from April 20, 2022 to May 21, 2022. Presented in English and Spanish, the Housing Needs Survey provided residents and stakeholders the opportunity to provide input on housing needs, issues, and constraints in the community. The survey was broadcasted to the General Plan and Housing Element Update email list and through local stakeholders and made available on the Housing Element website (plansolvang.com/housing).
The Survey had 90 respondents, 89 English respondents, and one Spanish respondent.
A full summary of survey questions and responses was posted to the Project website and can be found at https://plansolvang.com/images/docs/SovGPU_SurveySummary_2022_07_19_RL.pdf.
Input received through the survey was informed the Housing Element as follows, • Question 1: What best describes your household composition? Responses to this questions provided information on those completing the survey.
• Question 2: What are the most critical housing issues in Solvang? Responses to this question helped the Project Team create priorities for program efforts.
• Question 3: Please rank in order of importance the following housing barriers in Solvang. Responses to this question provided information on constraints to housing access. Responses ranked non-governmental constraints related to high cost of housing/low wages and lack of available rental units as the largest constraints.
• Question 4: Please rank what you think are the best locations in Solvang for new housing. Responses to this question indicated that vacant residential land and underutilized commercial land are considered the most feasible locations for new housing.
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Public Hearing Draft Housing Needs Assessment, November 2023 | H-21 • Question 5: What would make you consider adding an accessory dwelling unit (granny flat) to your property? Responses informed Program HE-H.
• Question 6: What else would you like us to consider when updating Solvang’s housing plan? Respondents to this question identified a variety of items for consideration when updating Solvang’s housing plan, from opportunities to pursue (e.g. mixed use development) to community needs (e.g. higher affordability, water). The most cited considerations identified were higher affordability (27 percent of responses) and better traffic (17 percent of responses), but higher availability (13 percent of responses) short-term rentals and neighborhood compatibility (8 percent each) were also mentioned often.
An example of the types of questions asked and their responses is provided below:
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H-22 | Public Hearing Draft Housing Needs Assessment, November 2023 Fair Housing Survey
To further reach out to Solvang’s residents and disadvantaged groups, such as those affected historically by racial bias, patterns of segregation, and lack of language accessibility, the City sent out a survey via email on July 5, 2022, to assisted living facilities, senior housing facilities, religious groups, and local non-profits including:
Family Connect Memory Care
Atterdag Village of Solvang
Solvang Senior Center
Friendship House
The Golden Inn & Village
Buellton Senior Center
VHA Health
Rancho Santa Ynez Estates
Solvang Senior Apartments
Valley Gardens
Bethania Lutheran Church
Old Mission Santa Inés
First Baptist Church
Santa Ynez Valley Presbyterian
Church
Valley Christian Fellowship
Trinity Baptist Church
Ranch Church
Vikings of Solvang
The Rona Barrett Foundation
Santa Ynez Valley People Helping
People
The Endowment for Youth
Community
Santa Ynez Valley Community
Outreach
The Santa Ynez Valley Foundation
The survey, which included six free-response questions, aimed to gather knowledge on possible barriers to fair housing access and ways to ensure housing security for disadvantaged groups. A reminder for responses was sent to respondents on July 25, and the survey was closed after 48 days on August 22, 2022. One response was received and is shown below. This response was considered in the formation of AFFH evaluation, as well as in the programs under Goal H-5.
Q1: What are the primary housing needs of your clientele/members of your organization and how serious are those needs (e.g., anti-displacement, access to opportunity, etc.)? “Although several of our members either own or rent their own homes/apts., the number of seniors who are in need of low-moderate housing has greatly increased.”
Q2: What type of housing-related barriers (e,g., fair housing, discrimination) have your clientele/members of your organization experienced?
“Affordable safe housing. ADA compliant. Easy access.”
Q3: Do your clientele/members have a preference on where housing should be located? For example, is there a need to have housing in proximity to public transportation, near commercial services such as commercial centers, schools, parks etc.?
“Public transportation and commercial centers. The number of members who are no longer able to drive has increased.”
Q4: Are there specific neighborhoods or areas of Solvang where housing is more difficult for your clients to access? Why?
“Generally it has been difficult for them to find safe affordable housing throughout the Valley and Solvang.” 230
9. HOUSING
Public Hearing Draft Housing Needs Assessment, November 2023 | H-23 Q5: How has the pandemic affected access to housing for your clientele/members of your organization? “Some of our members, those who have been sharing a home or renting a room, are in jeopardy of losing a place to live as homeowners are selling the homes or moving due to fall out of pandemic.” Q6: What is the City currently doing well to address housing-related barriers? How could the City improve its response to the housing crisis?
“The City should take a look at their entire population and realize that both affordable senior housing and housing in general is sorely needed. “
Q6: What else could the City do to reduce housing-related barriers? Are there models of what's working well elsewhere that Solvang should research and consider?
No responses were received.
Summary of Efforts to Involve All Segments of the Community In response to the need for public participation, City Staff worked with consultants to develop a robust community engagement program tailored to ensure the community and other stakeholders are engaged in the process and are given ample opportunities to provide input. The key objective of the community engagement program is to maximize opportunities for everyone interested in the Housing Element to participate. The following bullets summarize the City’s efforts to reach all economic segments of the community, as well as community members fluent in Spanish. Each of these are discussed further under the headings above.
• Project website. The Project website is the central hub for information related to the General Plan and Housing Element Updates. The website includes a tool to instantly translate all text into Spanish, as well as a tool that allows users to choose visibility options for greater accessibility. • eBlasts. Email notifications were sent out to announce all events, engagement opportunities, and availability of Project documents. The email list includes more than 1,100 subscribers, which equates to nearly 20 percent of the population of Solvang. The list also includes local agencies, organizations, and contacts representing lower income and special needs residents.
• Housing Element Newsletter. The newsletter provided key information on housing elements, the RHNA, and opportunities for public engagement. The newsletter was developed and distributed in English and Spanish and distributed through the eblast list to move than 1,100 residents. • Housing Needs Survey. The Housing Needs Survey was developed and distributed in English and Spanish. • Event flyers. Event flyers were developed and distributed throughout the community. The flyer for Workshop #2 was developed and distributed in English and Spanish.
• Fair Housing Survey. The City developed and distributed a fair housing survey. The survey was advertised using the eblast list and sent via email to assisted living facilities, senior housing facilities, religious groups, and local non-profits.
In developing the implementation programs for this Housing Element Update, the City considered all public input received, including responses from the Housing Needs Survey and Fair Housing Survey. Due to the low response to the 231
H-24 | Public Hearing Draft Housing Needs Assessment, November 2023 Fair Housing Survey, the City relied upon the fair housing assessment to assist with creating and prioritizing program actions designed to work to overcome fair housing issues. The following programs address lower-income households and those with special housing needs.
• Programs HE-A and HE-B. These programs commit the City to establishing a Housing Rehabilitation Program and to provide information on the program targeting areas with lower median incomes. • Program HE-C. This program supports the administration of the Housing Choice Voucher program that provides rental assistance to lower-income households, and engagement with property owners to encourage properties to register their units with Section 8 providers.
• Programs HE-F and HE-N. These programs encourage and incentivize the development of housing for lower and moderate income households.
• Program HE-P. This program includes actions that work to affirmatively further fair housing. Actions include providing information on fair housing rights and responsibilities to landlords and tenants through targeted engagement, coordination and cooperation with the Housing Authority to expand targeted fair housing enforcement, coordination with Santa Ynez Valley Transit to remove constraints to transportation access, and expanding mixed-use opportunities in central Solvang where lower-income households, jobs, and transportation options exist in higher concentrations.
• Program HE-Q. The program encourages and incentivizes the development, preservation, and rehabilitation of units accessible to seniors and persons with disabilities, including developmental disabilities. • Program HE-R. The program commits the City to adopt a universal design ordinance that works to accommodate a wide range of abilities including children, aging populations, and persons with disabilities. • Program HE-S. This program promotes and facilitates the development of emergency, transitional, and supportive housing facilities, including low-barrier navigation centers. • Program HE-X. The program commits the City to develop an anti-displacement strategy. Objectives of this program include reducing displacement pressures through encouraging and incentivizing the development of 50 lower income units (beyond the RHNA), with a target of 75 percent for seniors, residents with a disability, and farmworkers; as well as preserving the existing lower-income housing stock and providing protections for current residents.
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Public Hearing Draft Housing Needs Assessment, November 2023 | H-25 Review of the Existing Housing Element
This section examines the effectiveness of the 2015 Housing Element, the progress made in achieving the goals, objectives, and policies outlined in the Housing Element, along with a discussion of the Element’s appropriateness given current conditions within the City of Solvang. This evaluation will inform the policies and programs developed as part of the 2023-2031 Housing Element Update.
Housing Production During the 2015-2023 Planning Period The City’s RHNA for the 2015-2023 planning period was 42 units affordable to very low-income households, 28 units affordable to low-income households, 30 units affordable to moderate income households, and 75 units affordable to above moderate-income households, for a total of 175 housing units. Table H-1 compares units permitted and constructed to the 5th cycle RHNA. Between 2015 and 2022, the City permitted a total of 261 units, including 47 very low-, 33 low-, 66 moderate-income, and 115 above moderate units.
Table H-1 Fifth Cycle (2015-2023) Housing Element Progress Lower Moderate
(80-120% AMI)
Above Moderate
(120%+ AMI)
Total
Very Low
(0-50% AMI)
Low
(50-80% AMI)
2015-2023 RHNA 42 28 30 75 175
Permitted Units 47 33 66 115 261
Percent of RHNA
Permitted
112% 118% 220% 153% 149%
Remaining RHNA 0 0 0 0 0
Source: City of Solvang, 2021 Annual Housing Element Progress Report.
Progress Toward Lower and Moderate-Income Housing Goals As shown on Table H-1, the City met and exceeded its RHNA goals for the 2015-2023 period in every income category.
Most impressively, the City approved over twice the projected moderate income housing needs for the planning period.
Solvang’s accomplishment of meeting and exceeding RHNA needs for the fifth cycle is a rare feat among California jurisdictions. As of June 2022, Solvang is one among only 38 jurisdictions statewide that have accomplished this goal, with Carpinteria being the only fellow SBCAG jurisdiction that has also exceeded RHNA projected needs. Much of Solvang’s lower income housing stock during the planning period was completed in 2016 through the construction of Solvang Senior Apartments, located at 1775 Maple Avenue. The project produced a total of 44 senior-restricted lower income units, 34 very low-income and 10 low-income.
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H-26 | Public Hearing Draft Housing Needs Assessment, November 2023 Progress in Implementation
The 2015 Housing Element established the five major goals with coordinated policies and implementing programs, organized around the following statements:
• Preserve and improve housing and neighborhoods;
• Promote the production of a diversity of housing;
• Provide adequate sites for a variety of housing types; • Remove or mitigate constraints to housing investment; • Promote equal housing opportunity
A summary of progress toward the implementation of each goal is included below. For a detailed evaluation of implementation programs included in the 2015-2023 Housing Element, please see Appendix B.
Preserve and Improve Housing and Neighborhoods
Conserve and improve the quality of existing housing and residential neighborhoods in Solvang.
The City of Solvang made progress on furthering its commitment to conserve and improve housing quality through a variety of measures. In 2018, to help enforce code compliance, the City filled a half-time position for a Code Enforcement Officer. The position was filled by the former Sheriff of Solvang as a contract position. In 2022, City Council approved the development of two additional half-time for Community Service Officer positions to support code enforcement activities. Currently, both positions are vacant. To directly aid with rehabilitating the city’s aging housing stock, the County’s emPower (CHERP) program assisted two homeowners in 2018 to improve their household energy efficiency.
The City has additionally eased restrictions on mobile homes with permanent foundations by removing the requirement for a conditional use permit, allowing for easier growth and unobstructed unit upgrading for residents of Rancho Santa Ynez Mobile Home Park. Finally, to help further protect the economically vital Danish and Northern European design theme of the City’s Village Area, the City has started the progress of updating the Community Design Element of the General Plan and the sign regulations in the Solvang Municipal Code. Finally, the City is planning update the City’s Design Guidelines for the Village Area following the completion of the General Plan Update. These updates help ensure continued compliance with the theme for both residential and non-residential development in the TRC and DR zones.
Promote the Production of a Variety of Housing
Facilitate the development of a range of housing types, densities, and affordability levels to meet the diverse needs of the community.
The City of Solvang has worked to promote the production of a variety of housing types. Most notably, as with many other California cities, the introduction of SB 1069 and SB 2299 in 2016 has spurred increases in accessory dwelling unit (ADU) growth.
The City has also been working with individual landowners to better assist them with their unique needs. In 2018, the City worked with a landowner directly to allow setback modifications to allow for the construction of a duplex on a formerly single-family lot. As shown in this example, the City continually looks for ways to facilitate the development of a range of housing types to work to meet current and future needs of the community. 234
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Public Hearing Draft Housing Needs Assessment, November 2023 | H-27 Provide Adequate Sites for a Variety of Housing Types
Provide adequate sites through appropriate land use and zoning standards to accommodate the City’s share of regional housing needs.
Solvang is a small, built-out city with almost all its 2.43 square mile land already completely developed. Despite this challenging situation, the City is committed to continue monitoring the state of existing underutilized and vacant land to project and promote residential development. The City continues to actively promote mixed-use development in the TRC zone and other commercial areas, which helps improve access to affordable housing and helps areas reach their optimal residential potential. The City also regularly updates its inventory of suitable sites and promotes lot consolidation of small lots for residential development, if needed. During the previous cycle, the City committed to developing an infill incentives ordinance to help encourage infill development among the remaining underutilized parcels in the city. The City was unable to achieve the goal during the planning period and hopes to be able to consider infill development as a goal in its General Plan Update process, which is occurring concurrently with the Housing Element Update.
Remove or Mitigate Constraints to Housing Investment
Where appropriate, mitigate or remove potential governmental constraints to housing production, homeless facilities, and affordability.
Solvang has worked with developers in the past directly to help streamline development processes to allow for greater flexibility through its Planned Residential Development (PRD) District designation. Most notably, the Skytt Mesa project, which added over two hundred Market rate units of housing to the City, utilized the PRD process to help expedite development and ensure close coordination with City Staff. This project was required to provide $250,000 for offsite Senior Apartment affordable units.
Additionally, the City receives funding from the Department of Housing and Urban Development’s HOME Investment Partnerships Program through the Santa Barbara County HOME Consortium, which Solvang and surrounding municipal jurisdictions are members. The Consortium divides up funding granted by HUD through the HOME program among their constituent jurisdictions. Finally, the City has removed governmental constraints related to evolving State law regarding density bonuses by defaulting to State standards for state density bonus requirements and incentives.
Promote Equal Housing Opportunity
Promote fair and equal housing opportunity for all residents of Solvang.
The City is dedicated to working with local and regional agencies to promote equal access to housing for all individuals.
During the previous planning period, the City made significant progress with the completion of the Solvang Senior Apartments in 2016, which added 44 units of affordable, senior housing to the city’s housing inventory. The project is one of the largest additions of special needs housing in Solvang in the last twenty years. The City has also codified Reasonable Accommodations into its Municipal Code (Section 11-12-25), addressing the process for requesting modifications or exceptions to regulations to remove barriers to producing housing for those with disabilities. Finally, the City revised the Municipal Code to allow emergency and transitional housing by-right in the R-1, E-1, DR, and PRD zoning districts in 2015, complying with state law and removing barriers to providing housing to those experiencing homelessness. The City will continue to work to provide access to inclusive, accessible housing for all residents. 235
H-28 | Public Hearing Draft Housing Needs Assessment, November 2023 Effectiveness of the 2015 Housing Element
As discussed in the preceding section and in Appendix B, the City implemented several policies and programs to facilitate housing production. Most importantly, the City made great progress in affirming its commitment to affordable housing through the construction of its first deed-restricted housing complex, Solvang Senior Apartments. The project has been instrumental in growing the city’s senior housing inventory, helping provide much needed supply. From encouraging density bonuses to promoting secondary uses in the TRC district, the City recognizes the severity of the housing crisis and has worked progressively to do its part in growing the housing stock wherever feasible to meet RHNA goals. However, in some cases, the City did not have the necessary staff resources or funding to implement programs.
These programs have been continued and expanded in the 2023-2031 Housing Element Policy Document. 236
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Public Hearing Draft Housing Needs Assessment, November 2023 | H-29 Demographic and Economic Trends
Population Trends
Table H-2 shows population growth for Solvang, nearby cities, and Santa Barbara County between 2000 and 2021. In 2000, Solvang had a population of 5,415. Between 2000 and 2010, the population dropped to 5,218, representing a decrease of 3.6 percent over the 2000s, however, between 2010 and 2021 the population grew by 8.2 percent to 5,644.
Table H-2 Population Growth Trends 2016 -2021, with 2010 Benchmark 2000 2010 2016 2017 2018 2019 2020
Solvang 5,415 5,218 5,552 5,650 5,734 5,804 5,644
Buellton 3,832 4,609 5,021 5,087 5,092 5,082 5,276
Lompoc 41,078 41,864 43,678 43,762 43,511 43,232 42,753 Santa
Barbara
92,126 87,859 90,922 91,443 91,325 91,376 90,911
County Total 399,347 416,051 439,395 442,996 443,738 444,829 444,895 Source: 2000 Decennial Census; 2010, 2016-2020 American Community Survey 5-Year Estimates Subject Tables, Table S0101 Figure H-1 provides a comparison of Solvang’s growth rate to other communities, indexed to the City’s 2010 population.
Solvang’s population growth has been stagnating the past two decades, with the city experiencing slight declines and increases year-to-year with the population hovering around 5,600 persons. Solvang has grown at a rate comparable to Santa Barbara County during the last planning period.
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H-30 | Public Hearing Draft Housing Needs Assessment, November 2023 Figure H-1 Population Growth Since 2010
Source: SBCAG, HCD Pre-approved Data Package, State of California, Department of Finance, E-4 Population Estimates for Cities, Counties, and the State, 2011-2021, with 2010 Census Benchmark Note: The data shown on the graph represents population for the jurisdiction, county, and region indexed to the population in the first year shown. The data points represent the relative population growth in each of these geographies relative to their populations in that year.
Data between 2011 and 2015 are interpolated as HCD approved data package provides data for 2010, 2016-2021.
Population Projections
Population growth and other demographic variables are important indicators of the type and number of housing units needed in a community. Population attributes such as age, race/ethnicity, occupation, and level of income combine to influence the type of housing needed as well as the ability of current and future residents to afford housing.
The Regional Growth Forecast (RGF), produced by the Santa Barbara County Association of Governments (SBCAG), projects population totals for the county through 2050. Shown in Table H-3, these projections show slight population growth for Solvang. In the next three decades, Solvang is projected to gain 500 residents, an increase of 8.6 percent, averaging to 0.3 percent growth per year. Further, projections show that Solvang is expected to grow at a slower pace than Santa Barbara County (13.2 percent growth by 2050), as shown on Figure H-2.
0.00%
2.50%
5.00%
7.50%
10.00%
12.50%
15.00%
2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020
Solvang Buellton Lompoc Santa Barbara Santa Barbara County 238
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Public Hearing Draft Housing Needs Assessment, November 2023 | H-31 Table H-3 Population Projections, 2020-2050
2020 2025 2030 2035 2040 2045 2050
Solvang 5,800 6,000 6,000 6,200 6,300 6,300 6,300
Santa
Barbara
County
460,900 478,600 489,900 501,500 513,300 517,500 521,700 Source: Forecast 2050, January 2019, Santa Barbara County Association of Governments.
Figure H-2 Projected Population Growth, 2020-2050
Source: Forecast 2050 January 2019 , Santa Barbara County Association of Governments.
Age
As people move through different age groups, their housing needs, income levels, and preferences typically change. As a result, an evaluation of the age characteristics of a community is important in addressing the housing needs of its residents. According to the U.S. Census, the median age of residents in Solvang increased from 43 in 2010 to 46 in 2020.
Table H-4 below summarizes the age characteristics of Solvang residents in 2010 and 2020. During the 2010s, the number of seniors (ages 65+) increased by 10.1 percent, which indicates an aging population. Additionally, between 2010 and 2020, the number of school age children increased by 26.7 percent.
A decrease of 17.4 percent between 2010 and 2020 was evident among college age (20-24) residents. It remains one of the smallest segments of the population (besides preschool children five and under). It is common for members of this age group to live away from home while attending schools outside the community. Some college age residents may opt
0.0%
2.5%
5.0%
7.5%
10.0%
12.5%
15.0%
2020 2025 2030 2035 2040 2045 2050
Solvang Santa Barbara County
239
H-32 | Public Hearing Draft Housing Needs Assessment, November 2023 to stay at home and commute to school, however, this seems unlikely as the closest institutions are located in Lompoc and Santa Barbara, requiring 30- and 45-minute commutes, respectively.
Table H-4 Age Characteristics and Trends 2010-2020
Age Groups 2010 2020 2010-2020
Persons % Persons % % Change in Persons
Preschool
(Ages <5)
282 5.4% 159 2.8% - 43.6%
School Age (5-19) 840 16.1% 1,064 18.9% + 26.7%
College Age
(20-24)
224 4.3% 185 3.3% - 17.4%
Young Adults (25-44) 1,237 23.7% 1,056 18.7% - 14.6%
Older Adults (45-64) 1,602 30.7% 1,495 26.5% - 6.7%
Seniors (65+) 1,033 19.8% 1,685 29.9% + 10.1%
Total 5,218 100% 5,644 100% + 8.2%
Sources: 2010 American Community Survey 5-Year Estimates Subject Tables, Table S0101; 2020 American Community Survey 5-Year Estimates Subject Tables, Table S0101.
Race and Ethnicity
The racial and ethnic composition of a community may have implications for housing to the extent that different groups have different household characteristics, income levels, and cultural backgrounds that affect their needs and preferences for housing. Table H-5 shows racial demographic trends from 2000 to 2020. As of 2020, white residents represent the largest race/ethnic group in Solvang, at 68 percent, however this is a decline of 14 percent from 82.5 percent in 2010. Conversely, households identifying as two or more races showed the only significant growth during this period. Multiracial households in Solvang increased from 2.7 percent of the population in 2010 to 15.2 percent in 2020.
The next largest percentage change in population between 2010 and 2020 was among residents identifying as Hispanic/Latino. As shown in Table 4-3, the Hispanic/Latino share of the population increased from 29.2 percent in 2010 to 30 percent in 2020. Black, American Indian, and Asian populations also grew in Solvang during this time; however, no growth was seen among the Native Hawaiian and Pacific Islander demographic. 240
9. HOUSING
Public Hearing Draft Housing Needs Assessment, November 2023 | H-33 Table H-5 Racial Demographics, 2000-2020
2000 2010 2020
Persons % Persons % Persons %
White 4,090 76.7% 4,326 82.5% 4,161 68%
Black or African American 16 0.3% 38 0.7% 50 0.8%
American Indian and Alaska
Native
19 0.3% 59 1.1% 81 1.3%
Asian 54 1% 72 11.8% 115 1.9%
Native Hawaiian and Pacific
Islander
0 0% 1 0.2% 0 0%
Some Other Race ND ND 611 11.6% 789 12.9%
Two or More Races ND ND 138 2.7% 930 15.2%
Hispanic or Latino 1,059 19.8% 1,530 29.2% 1,835 30%
Source: 2000 Decennial Census; 2010, 2020 Decennial Census, Table P1 and Table P2.
Note: This table compares Census data, which differs slightly from American Community Survey estimates of Forecast 2050 projections. In Census data, “Two or More Races” and “Hispanic or Latino” are separate data points from racial groups listed in the top section of the table. Total population for Census counts can be determined by adding together all of the top rows.
ND= No Data
Income
Household income is one of the most important factors affecting housing opportunity and determining a household’s ability to balance housing costs with other necessities of life. Income levels can vary considerably among households, based upon tenure, household type, and location of residence, among other factors.
According to the 2020 Census, the median household income of Solvang residents is $82,838, five percent above the median statewide household income of $78,672. This higher median household income reflects the changing demographics of Solvang. As of 2020, Solvang’s population has progressed to favor older, higher-income, households that can afford to purchase a home in Solvang. Younger people, often service sector workers at the core of the city’s tourist industry, have fewer affordable housing options and are more willing to share units to reach an affordable price point. Lower income residents have few housing options within the city limits, especially given income, rental history, and credit check requirements associated with accessing market rate housing.
Table H-6 shows income distributions for the City of Solvang. Among families and married couple families, households with income of $200,000 or more occupy the largest percentage of households. Households with income of $200,00 or more make up 25.0 percent of family households and 30.7 percent of married couple family households. Combined with low percentages of low earning households, this illustrates a high level of affluence among these household types. 241
H-34 | Public Hearing Draft Housing Needs Assessment, November 2023 Table H-6 Income in The Past 12 Months (In 2020 Inflation-Adjusted Dollars) Household Total family
Households
Married couple family
households
Nonfamily
households
Less than $10,000 2.30% 2.40% 3.10% 2.20%
$10,000 to $14,999 2.80% 2.40% 0.00% 3.50%
$15,000 to $24,999 3.80% 3.00% 3.90% 5.20%
$25,000 to $34,999 4.10% 3.40% 4.50% 5.40%
$35,000 to $49,999 8.30% 9.10% 8.30% 7.00%
$50,000 to $74,999 22.70% 14.80% 14.90% 36.40%
$75,000 to $99,999 16.80% 16.80% 12.80% 19.80%
$100,000 to $149,999 13.50% 11.70% 12.30% 13.60%
$150,000 to $199,999 9.10% 11.40% 9.70% 5.10%
$200,000 or more 16.50% 25.00% 30.70% 1.80%
Total 2,392 1,515 1,158 877
Median income
(dollars)
82,838 98,848 111,379 67,044
Source: 2020 American Community Survey 5-Year Estimates Subject Tables, Table S1901.
Note: Married couple family households are a subset of Total Family Households. Of 1,515 total family households, 1,158 are married couple family households.
Household Trends
Household characteristics, such as type and size, income levels, and the presence of special needs populations, determine the type of housing needed by residents. This section details the various household characteristics affecting housing needs.
Household Tenure
Household tenure, or the status of homeownership or renting, is an important indicator of the types of housing issues that can arise in a region and can help determine what programs work best to help the populace. Tenure can also be a determination of a city’s affordability for settling down and owning property.
Solvang’s households are primarily composed of homeowners, with 59 percent of the city owning their homes and 41 percent of the city renting their homes (Table H-7). This high rate of homeownership is similar to other cities in California that are primarily composed of single-family residences, but higher than Santa Barbara County where 52 percent of county residents own their home.
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Public Hearing Draft Housing Needs Assessment, November 2023 | H-35 Table H-7 Existing Households by Tenure
Renters Owners Total
Amount % of
Municipality
Amount % of
Municipality
Amount
Solvang 986 41.2% 1,406 58.8% 2,392
Buellton 706 34.5% 1,343 65.5% 2,049
Santa Barbara County 70,805 47.7% 77,504 52.3% 148,309
Sources: 2020 American Community Survey 5-Year Estimates Subject Tables, Table B25003.
Tenure Trends
Over the last ten years, the share of renter and owner-occupied households have increased at a rate around 12 percent, a figure equivalent to 112 new renter occupied households and 144 new owner occupied households being added to the market. The increase in owner-occupied households is attributed to the construction of the Skytt Mesa subdivision between 2009 and 2018.
Table H-8 Change in Number of Households by Tenure, 2010-2020 2010 2020 Growth
Number % Number % Number %
Renters 874 40.9% 986 37.7% +112 +12.8%
Owners 1,262 59.1% 1,406 62.3% +144 +11.4%
Total Households 2,136 - 2,392 - +256 +12.0%
Sources: 2020 American Community Survey 5-Year Estimates Subject Tables, Table B25009; 2010 American Community Survey 5-Year Estimates Tables B25003
Household Size
Household size is a factor that can help inform the types of housing in demand for the planning cycle. It can also signify possible overcrowding. Table H-9 shows the household size in Solvang by tenure. According to the 2020 Census, Solvang has a total of 2,380 households, of which a majority are composed of two to four persons. The high proportion of two to four person households reflects the long history of single-family housing development in Solvang. 243
H-36 | Public Hearing Draft Housing Needs Assessment, November 2023 Table H-9 Household Size by Tenure
Owner occupied Renter occupied Total
Living Alone 230 389 619
2-4 persons 1,094 572 1,666
5+ persons 82 25 107
Total 1,406 986 2,392
Sources: 2020 American Community Survey 5-Year Estimates Subject Tables, Table B25009 Overcrowding
Overcrowding occurs when the number of people living in a household is greater than the home was designed to accommodate. There are several different standards for defining overcrowding, but this report uses the Census Bureau definition, which is more than one occupant per bedroom. Further, housing units with more than 1.5 occupants per room are defined as being severely overcrowded.
Table H-10 shows Solvang’s rate of overcrowding and severe overcrowding. According to the American Community Survey, there are approximately 2 overcrowded and 49 severely overcrowded households in Solvang, all of which are renter occupied units. Renter occupied units, despite accounting for just over a third of the city’s housing stock, account for all overcrowded households with an occupancy per room rate greater than one. Among renter occupied units, 5 percent are severely overcrowded.
Severe overcrowding among rental households in Solvang reflects a lack of affordable housing in the city. Overcrowding and severe overcrowding are more likely to be experienced by lower wage retail, service, and agricultural jobs that support the tourism and agricultural industry at the heart of Solvang and the Santa Ynez Valley, respectively. As such, there is a high demand for rental housing in the planning period.
Table H-10 Overcrowding in Solvang, 2019
Designed Occupancy
(< 1.00 OPR)
Overcrowding
(1.00 – 1.50 OPR)
Severe Overcrowding
(> 1.51 OPR)
Renters Owners Renters Owners Renters Owners
Solvang 935 1,406 2 0 49 0
Percent of Tenure
Households
94.8% 100.0% 0.2% 0.0% 5.0% 0.0%
Percent of all Households 97.9% 0.1% 2.0%
OPR = occupants per room
Source: 2020 American Community Survey 5-Year Estimates Subject Tables, Table B25014 Housing Growth
Solvang has experienced moderate housing stock growth since 2011. As shown on Table H-11, 256 new units were built, equating to a 12 percent increase over ten years. As of 2020, Solvang has 2,392 housing units. Solvang’s growth has been slower than nearby Buellton, which experienced a greater housing stock increase of 36.0 percent, the highest in 244
9. HOUSING
Public Hearing Draft Housing Needs Assessment, November 2023 | H-37 Santa Barbara County. This disparity in growth can be primarily attributed to Solvang being mostly built out in 2010 while Buellton developed large amounts of their vacant land for residential development in the 2010s.
Table H-11 City and County Housing Growth Trends 2011-2020 County/City 2010 2020 Percent
Solvang 2,136 2,392 + 12.0%
Buellton 1,507 2,049 + 36.0%
Lompoc 13,420 13,216 - 1.5%
Santa Barbara 35,335 37,806 + 7.0%
County Total 141,793 148,309 + 4.6%
Sources: 2010 American Community Survey 5-Year Estimates Subject Tables, Table B25009; 2020 American Community Survey 5-Year Estimates Subject Tables, Table B25009
Housing Projections
For the 2023-2031 planning period, as with previous periods, the Santa Barbara County Association of Governments (SBCAG) assigned a portion of its Regional Housing Needs provided by the California Department of Housing and Development to the City of Solvang according to projected regional jobs growth over time, among other factors (for more detailed documentation of the methodology, see the Housing Resources section). The result of the process is Solvang’s Regional Housing Needs Allocation (RHNA), which serves as a projection of housing needs during the 2022-2031 planning period (Table H-12).
The RHNA states that Solvang is projected to need 191 total units by 2031. The identified housing need is almost evenly split between lower-income and higher-income designations.
Table H-12 Projected Housing Needs in Comparison to Nearby Jurisdictions Lower
Moderate
Above
Moderate Total Extremely
Low
Very Low Low
Solvang 27 28 39 22 75 191
Buellton 55 37 30 43 165
Lompoc 166 262 311 1,509 2,248
Santa Barbara 2,147 1,381 1,441 3,032 8,001
Santa Barbara County 5,799 3,935 4,397 10,725 24,856
Source: SBCAG, HCD Pre-approved Data Package, State of California Department of Housing and Community Development, 2021. 245
H-38 | Public Hearing Draft Housing Needs Assessment, November 2023 Employment Trends
Employment also has an important impact upon housing needs. Varying jobs and income levels determine the type and size of housing a household can afford. According to the 2020 Census, 61.2 percent of Solvang residents over the age of 16 (2,877 individuals) are in the labor force. High labor force participation rate has led to a low unemployment rate of
2.6 percent.
Employment by Industry
Table H-13 shows the types of occupations held by residents in Solvang and Santa Barbara County by industry. The four largest occupational categories in Solvang were arts, entertainment, and recreation, and accommodation and food services (29.6 percent); manufacturing (14.6 percent); educational services, and health care and social assistance (13 percent); and professional, scientific, and management, and administrative and waste management services (12.3 percent). These categories account for 69.5 percent of employed residents. As described previously, given the town's relatively small size, it can be inferred that a majority of those employed in managerial and professional occupations travel to work outside the City. Solvang has a significant share of workers in service industry positions due to its economic base in tourism.
Solvang's occupational profile is similar to that countywide, with the exception of a larger share of City residents in service occupations and a smaller share in production, transportation, and material moving. These differences reflect Solvang's tourism-based economy as well as its geographic location. 246
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Public Hearing Draft Housing Needs Assessment, November 2023 | H-39 Table H-13 Employment by Industry, 2020
Solvang Santa Barbara County
Estimate % Estimate %
Agriculture, forestry, fishing and hunting, and
mining
16 0.6% 15,852 7.8%
Construction 117 4.2% 12,946 6.4%
Manufacturing 489 17.8% 15,502 7.6%
Wholesale trade 55 2.0% 3,726 1.8%
Retail trade 189 6.9% 21,408 10.5%
Transportation and warehousing, and utilities 85 3.1% 6,703 3.3% Information 32 1.2% 4,300 2.1%
Finance and insurance, and real estate and
rental and leasing
168 6.1% 10,603 5.2%
Professional, scientific, and management,
and administrative and waste management
services
417 15.1% 23,924 11.7%
Educational services, and health care and
social assistance
330 12.0% 48,884 24.0
Arts, entertainment, and recreation, and
accommodation and food services
549 19.9% 20,337 10.0%
Other services, except public administration 157 5.7% 9,017 4.4% Public administration 150 5.4% 10,476 5.1%
Total Jobs 3,070 213,438
Source: 2020 American Community Survey 5-Year Estimates Subject Tables, Table DP03.
Job Projections
Job projections serve as an important forecasting tool to help plan for future housing need. Over the next thirty years, SBCAG expects that City will gain approximately 900 jobs, which shows a much lower rate of growth (1.8 percent) compared to the County as a whole (21.4 percent). Between 2020 and 2030, the period that represents the current Housing Element planning cycle, SBCAG expects the city to gain approximately 390 jobs. 247
H-40 | Public Hearing Draft Housing Needs Assessment, November 2023 Table H-14 Job Forecast, 2020-2050
2020 2025 2030 2035 2040 2045 2050 2020-2050 Growth
Rate
Solvang 4,210 4,480 4,600 4,730 4,860 4,980 5,110 1.5%
Santa
Barbara
County
231,150 245,900 252,710 259,710 266,900 273,710 280,700 21.4% Source: Forecast 2050, January 2019, Santa Barbara County Association of Governments. 248
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Public Hearing Draft Housing Needs Assessment, November 2023 | H-41 Housing Conditions
Housing Type
In recent years, most housing produced in the region and across the state consisted of single-family homes and larger multi-unit buildings. However, some households are increasingly interested in “missing middle housing,” including duplexes, triplexes, townhomes, cottage clusters, and other multifamily housing types compatible in massing and scale with traditional single-family housing types. These housing types may open up more options across incomes and tenure, from young households seeking homeownership options to seniors looking to downsize and age-in-place.
Figure H-3 provides a breakdown Solvang’s housing stock by type. In Solvang, detached single-family homes are the most common housing type, making up 58.4 percent of housing stock in 2021. By comparison, multifamily dwelling units comprise 36.7 percent of the housing stock and mobile homes account for the remaining 5 percent.
Figure H-3 Housing Units by Type, 2021
Source: 2020 American Community Survey 5-Year Estimates Subject Tables, Table DP04.
Note: This graphic includes all housing units in Solvang, a total of 2,522 units. Approximately 2,392 units are occupied and 130 are vacant.
Table H-15 shows the change in housing stock in Solvang between 2010 and 2020. During this time, composition of the housing stock mostly the same. The greatest shift occurred with a greater share of five plus housing units per structure and a smaller share of two to four housing units per structure. Significant gains in single detached (30.7 percent growth) housing are the result of the completion of the Skytt Mesa subdivision during the 2015-2023 planning period.
Single Detached
1639 units
65%
Single Attached
155 units
6%
Two to Four
66 units
3%
Five Plus
526 units
21%
Mobile Homes
136 units
5%
249
H-42 | Public Hearing Draft Housing Needs Assessment, November 2023 Table H-15 Housing Units by Type – Change over Time, 2010-2020 2010 2020 Percent Change
Single Detached 1,254 1,639 + 30.7%
Single Attached 136 155 + 14.0%
Two to Four 226 66 - 70.8%
Five Plus 470 526 + 11.9%
Mobile Homes 121 136 + 12.4%
Total 2,207 2,522 + 0.6%
Source: 2010 American Community Survey 5-Year Estimates Subject Tables, DP04; 2020 American Community Survey 5-Year Estimates Subject Tables, DP04.
Vacancy Rate
Vacancy rate is defined as the share of housing units currently without a permanent occupant. It serves as an important measure of the availability of and demand for housing. A low level of vacancy indicates high demand for and relatively limited supply. Solvang’s current vacancy rate is 5.2 percent, a similar rate to the 6.3 percent county-wide vacancy rate reported in the 2020 Census (Table H-16).
Table H-16 Occupancy Status
Units %
Occupied Housing Units 2,392 94.8%
Vacant Housing Units 130 5.2%
Total Housing Units 2,522
Source: 2020 American Community Survey 5-Year Estimates Subject Tables, Table DP04 Table H-17 shows the type of vacancies present in Solvang. There are no rental properties that are vacant or available, indicating a high demand that has completely exhausted supply. There is also a low number of for-sale vacancies, indicating a low supply for owner occupied homes with high present demand.
Census data also notes that there are 20 vacant seasonal use units. This use could be of concern for a small touristoriented municipality like Solvang, however, the City actively regulates short-term rentals through its short-term/vacation rental ordinance. The ordinance was codified into the Municipal Code in 2016, barring short term rentals outside of the Tourist Related Commercial (TRC) Zone, or Village Area, and certain properties between addresses 1506 and 1546 Copenhagen Drive. Such ordinances have kept vacancy rates low despite high tourism demand for short-term rentals (see the Governmental Constraints section for further analysis).
The most common type of vacancy is “other,” which includes properties in some type of transitional process. For example, a housing unit that has been sold and is awaiting a legal transfer or is currently involved in a legal dispute. This classification, however, does not provide much insight into the state of Solvang’s housing market. 250
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Public Hearing Draft Housing Needs Assessment, November 2023 | H-43 Table H-17 Housing Stock by Type of Vacancy
Units Percent
For rent 0 0.0%
Rented, not occupied 0 0.0%
For sale only 35 1.4%
Sold, not occupied 0 0.0%
For seasonal, recreational, or occasional use 20 0.8%
For migrant workers 0 0.0%
All other vacant units 75 3.0%
Occupied Units 2,392 94.8%
Total Units 2,522
Source: 2020 American Community Survey 5-Year Estimates Subject Tables, Table B25004 Housing Age and Condition
Housing age can be used as an indicator of housing conditions within a community. Like any other tangible asset, housing is subject to gradual deterioration over time. If not properly and regularly maintained, housing can deteriorate and discourage reinvestment, depress property values, and eventually impact the quality of life in a neighborhood. Given the mostly built out nature of Solvang, most homes are already over thirty years old. Consequently, maintaining and improving housing quality is an important goal for the City of Solvang.
Table H-18 provides a breakdown of the City's housing stock by year built. As of 2020, approximately 75 percent of the City's housing units are over 30 years old. A general rule in the housing industry is that structures older than 30 years begin to show signs of deterioration and require reinvestment. Unless properly maintained, homes older than 50 years usually require major renovations to remain in good working order. Given the high amount of capital flowing into Solvang through new residents, it is expected that many older units are being actively rehabilitated by both new homeowners and long-time homeowners to improve property values and resale prospects. For example, a review of listings in August 2022 on Zillow reveals several homes built before 1980 that have had extensive refurbishment to meet the demands of new, wealthier buyers. Many of these refurbished homes, despite their smaller size compared to newer single-family residences, are able to sell for upwards of $750,000 with their modern updates. Given this trend, it could be surmised that around four percentvery few of the City’s housing units need some form of renovation to meet modern housing standards. As of August 2023, the City’s Code Enforcement team indicates that approximately three percent of singlefamily homes are in need of major rehabilitation or replacement. Regarding multifamily structures, Code Enforcement has served notice related to two buildings in need of repair and estimates that, as with single-family structures, approximately three percent of the current stock is in need of major rehabilitation or replacement. 251
H-44 | Public Hearing Draft Housing Needs Assessment, November 2023 Table H-18 Solvang Age of Housing Stock
Year Structure Built Estimate Percent
Built 2014 or later 87 3.4%
Built 2010 to 2013 42 1.7%
Built 2000 to 2009 91 3.6%
Built 1990 to 1999 401 15.9%
Built 1980 to 1989 699 27.7%
Built 1970 to 1979 515 20.4%
Built 1960 to 1969 250 9.9%
Built 1950 to 1959 271 10.7%
Built 1940 to 1949 28 1.1%
Built 1939 or earlier 138 5.5%
Total 2,522 100%
Source: 2020 American Community Survey 5-Year Estimates Subject Tables, Table B25034.
Affordable Housing At-Risk of Conversion
In Solvang, there are no publicly subsidized housing units, both senior restricted and non-senior restricted, deemed to be at-risk of conversion to market rate units during the 2023-2031 planning period. The City does not have a redevelopment agency and has not used Community Development Block Grant funds for housing. Table H-19 summarizes publicly assisted units in Solvang by income category.
Table H-19 Assisted Units at Risk of Conversion
Low Moderate High Very High
Solvang 44 0 0 0
Source: SBCAG, HCD Pre-approved Data Package, California Housing Partnership Corporation.
These 44 units of deed restricted affordable housing originate from the completion of Solvang Senior Apartments, the first deed restricted affordable housing complex in the city built in 2016. The project was heavily subsidized by in-lieu fees collected from the completion of the Skytt Mesa single-family residential subdivision earlier in the previous planning period. Solvang Senior Apartments also received a density bonus and two incentives in accordance with density bonus law.
252
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Public Hearing Draft Housing Needs Assessment, November 2023 | H-45 Table H-20 Affordable Unit Inventory
Development Total Units
Affordable
Units
Subsidy Type
Deed
Restrictions
Expire
Risk of MarketRate Conversion
Solvang Senior Apartments
1758 Laurel Avenue
45 44 Low Income
Housing Tax Credit
(LIHTC)
2068 Low
TOTAL 45 44
Source: SBCAG, HCD Pre-approved Data Package, California Housing Partnership Corporation.
Finally, there are two residences within the city located on land designated for residential use that are targeted for conversion to non-residential uses. These residences are being relocated, and neither unit was previously affordable to lower- or moderate-income households by deed-restriction. No affordable units in the past fifteen years have been converted to non-residential uses.
Cost of New Affordable Housing
According to a March 2020 study by the U.C. Berkeley Terner Center for Housing Innovation, low-income housing funded with Low Income Housing Tax Credit (LIHTC) 9-percent tax credit funding (which includes many deed restricted lowincome properties) has an average cost of over $500,000 per unit statewide. This is a staggering figure that reflects the increasing severity of the housing crisis. The report breaks down this figure into the variables associated with constructing low-income housing, such as location-related costs, development fees, and construction material costs.
The report concludes that currently, material and labor costs are the primary source of rising costs for affordable housing development.
The report also presented information on the costs of construction by region, which influence the total cost of housing tremendously. The study inventoried 71 LITHC 9-percent new construction projects between 2008 and 2019 in the Central Coast region, where Solvang is located. Considering contemporary projects, the study estimates that the current average price per square foot of LIHTC development in the Central Coast region is approximately $500 per square foot.
This valuation equates to nearly $150,000 needed for the development of a 300 square foot studio, or $475,000 for a 950 square foot two-bedroom apartment. Given these high costs of producing new affordable housing, the City of Solvang is committed to preserving existing affordable units and promoting housing rehabilitation (see Programs HE-B and HE-D).
The City is also committed, through Program HE-I, to continuously update a posted list of grants and loans available to the City, such as Community Development Block Grant (CDBG) funds, which provides an updated list of potential funding sources to preserve affordable housing. In the event that the City applies to State and Federal housing grant funds, since the City has not used any affordable housing fund grants, the City is eligible for the total amount of State and Federal grants they are awarded. The City does not have a redevelopment agency successor to collect funds from. Solvang is eligible for the CalHome grant program, which allows for local public agencies and nonprofit corporations to receive funding to assist first-time homebuyers and those needing housing rehabilitation. 253
H-46 | Public Hearing Draft Housing Needs Assessment, November 2023 Qualified Entities for Acquiring and Managing Affordable Housing The Housing Authority of Santa Barbara County (HASBARCO), Santa Barbara County’s established public housing provider, is a qualified public entity for acquiring and managing affordable housing within Solvang. People Self-Help Housing, a nonprofit housing organization that manages rental properties, operates innovative homeownership programs, and provides services to assist disadvantaged communities, including low-income households, families, farmworkers, seniors, veterans, persons living with disabilities, youth transitioning out of foster care, and those formerly experiencing homelessness, is a qualified private entity for acquiring and managing affordable housing within Solvang.
Overpayment
Between 2006 and 2013, home prices decreased in Solvang, matching nationwide trends following the Great Recession.
Since 2013, however, the median home price has increased greatly, with homes averaging $1.42 million in May 2022 (see Figure H-4 for more details). Home values have increased approximately 199 percent between 2000 and 2022. This drastic increase matches similar home value growth statewide, which has made homeownership much less attainable to young professionals, middle class families, and lower income families. As a result of these increases, residents across the country have been forced to pay for housing that is well beyond their means. The story is the same in Solvang, with both renters and homebuyers facing a challenging housing market with low supply that pushes residents to choose any options available, even if they are suboptimal and/or beyond a third of their monthly income.
Additionally, with Solvang’s rising senior population, senior households may be at more extreme risk of being affected by overpayment. With fixed incomes and low flexibility to provide cash immediately, seniors can easily become housing insecure with market rate changes (see Special Housing Needs).
Among all households in Solvang, approximately 36.7% have a housing cost burden greater than 30 percent of median family income. Approximately 18.9% have a housing cost burden greater than 50 percent of median family income.
Comparatively, among all households, Solvang has a slightly smaller share of housing cost burdened households.
Table H-21 Cost Burdened Households in Solvang
Greater than 30% of
Area Median Family
Income (HAMFI)
% of Households Greater than 50% of
Area Median Family
Income (HAMFI)
% of Households
Solvang 875 36.7% 450 18.9%
Santa Barbara County 58,570 40.4% 28,725 19.9%
Note: Total households for this table (and all others relating to cost burdened households) do not match other tables as SBCAG’s HCD Pre-approved Data Package uses ACS 2019 5 Year-Data Tables, as opposed to ACS 2020 5-Year Data Tables used by other tables and figures.
Source: SBCAG, HCD Pre-approved Data Package, HUD CHAS Dataset, 2021; SBCAG, HCD Pre-approved Data Package, ACS 2015- 2019 5 Year, Table B25003
Cost Burdened Homeowners
Given the extremely high price of owning housing in Solvang (Figure H-4), homeowners are subject to higher monthly cost burdens from mortgage payments that may make it difficult to make ends meet. In 2021, approximately 30.4 254
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Public Hearing Draft Housing Needs Assessment, November 2023 | H-47 percent of owner-occupied households have a burden greater than 30 percent of median family income. Approximately 19 percent of owner-occupied households have a burden greater than 50 percent of median family income. Compared to Santa Barbara County, the proportion of Solvang residents who are cost burdened, particularly at the 50 percent benchmark, is much higher.
Table H-22 Owner Occupied Cost Burdened Households
Greater than 30% of
Area Median Family
Income (HAMFI)
% of Owner
Households
Greater than 50% of
Area Median Family
Income (HAMFI)
% of Owner
Households
Solvang 450 30.4% 280 18.9%
Santa Barbara County 22,150 29.3% 9,780 12.9%
Note: Total households for this table (and all others relating to cost burdened households) do not match other tables as SBCAG’s HCD Pre-approved Data Package uses ACS 2019 5 Year-Data Tables, as opposed to ACS 2020 5-Year Data Tables used by other tables and figures.
Source: SBCAG, HCD Pre-approved Data Package, HUD CHAS Dataset, 2021; SBCAG, HCD Pre-approved Data Package, ACS 2015- 2019 5 Year, Table B25003
Cost Burdened Renters
Similar to the cost burden faced by homeowners, renters in Solvang have difficulty finding affordable places to live.
Among all renters in Solvang, 47.3 percent are cost burdened. Similar to homeowners, approximately 19 percent of all renters in Solvang are severely cost burdened, which indicates a rent burden greater than 50 percent of median family income. This figure reflects a lack of housing supply despite high demand for rental housing in Solvang, which is utilized primarily by workers who support Solvang’s tourist-oriented economy.
Table H-23 Renter Occupied Cost Burdened Households
Rent Greater than 30%
of HUD Area Median
Family Income
(HAMFI)
% of Renter
Occupied
Households
Rent Greater than
50% of HUD Area
Median Family
Income (HAMFI)
% of Renter
Occupied
Households
Solvang 425 47.3% 170 18.9%
Santa Barbara County 36,420 48.1% 18,945 25.0%
Note: ACS 2020 5-year Data does not include updated data on cost-burdened households. This, and all tables related to cost burdened households relies upon ACS 2019 5-year estimates. Inconsistencies in the total number of households can be attributed to inconsistencies between these data sources.
Source: SBCAG, HCD Pre-approved Data Package, HUD CHAS Dataset, 2021; SBCAG, HCD Pre-approved Data Package, ACS 2015- 2019 5 Year, Table B25003
255
H-48 | Public Hearing Draft Housing Needs Assessment, November 2023 Special Housing Needs
Certain groups have greater difficulty in finding decent, affordable housing due to their special needs and/or circumstances. Special circumstances may be related to one's employment and income, family or household characteristics, or disability.
State Housing Element Law identifies the following special needs groups: elderly, persons with disabilities, large households, farmworkers, female-headed households, homeless, and other interest populations, such as students and military. Table H-24 summarizes data from the 2020 Census regarding special needs groups residing in Solvang.
Table H-24 Population of Special Needs Groups, 2020
Persons Households
Seniors (65 and over) 1,685 1,087
Persons with a Disability 517 -
Persons Living with Developmental Disabilities 52
Female-headed Household - 324
With Children - 220
Large Households - 107
Farm workers 16 -
Persons Experiencing Homelessness 12
Source: SBCAG, HCD Pre-approved Data Package, 2015-2019 ACS, Tables DP03, DP05, B17012, C18120, S1810; SBCAG, 2020 Census; edhat; Santa Barbara County, 2020 Point-In-Time Homeless Count.
Fifth Cycle Special Needs Housing Programs
The City of Solvang implemented two programs to support the housing needs of people living with disabilities during the fifth cycle. The City implemented a program to identify and remove constraints affecting persons with disabilities and implemented a program to encourage universal design to forward accessibility and safety. The City also codified means for reasonable housing accommodation in Municipal Code Section 11-12-25 and is committed to encouraging the incorporation of universal design features in future development. For more details on the outcomes of the programs, see Appendix B.
Extremely Low-Income Households
Extremely low-income is defined as households with income less than 30 percent of the area median income. The area household median income in Santa Barbara County is $82,850. For extremely low-income households, this results in an income of $24,850 or less for a four-person household or $17,400 or less for a one-person household. Households with extremely low-income have a variety of unique housing situations and needs. For example, most families and individuals receiving public assistance, such as social security insurance (SSI) or disability insurance, are considered extremely lowincome households. 256
9. HOUSING
Public Hearing Draft Housing Needs Assessment, November 2023 | H-49 Existing Needs
In 2020, approximately 260 extremely low-income households resided in the City of Solvang, representing 11 percent of the total households. Of these households, 185 are currently cost burdened (Table H-25). Among cost-burdened extremely low-income households, 155 of 185 total households (67.3 percent) are renters. Further, Table H-26, shows severely cost burdened households. When comparing extremely low-income households by cost burdened, all households experiencing a cost burden are severely cost burdened.
Table H-25 Housing Cost Burden Greater than 30%
Extremely Low
Income
Very Low
Income
Low Income Moderate Above
Moderate
Percent
Lower
Income
Overpay
Owners 70 30 130 60 160 67.6%
Renters 115 70 135 20 85 77.1%
Total 185 100 265 80 245 72.8%
Source: SBCAG, HCD Pre-approved Data Package, Department of Housing and Urban Development CHAS Dataset.
Table H-26 Housing Cost Burden Greater than 50%
Extremely Low
Income
Very Low
Income
Low Income Moderate Above
Moderate
Percent
Lower
Income
Overpay
Owners 70 30 95 15 70 57.4%
Renters 115 0 55 0 0 41.0%
Total 185 30 150 15 70 48.3%
Source: SBCAG, HCD Pre-approved Data Package, Department of Housing and Urban Development CHAS Dataset.
Projected Needs
To calculate the projected housing needs for extremely low-income households, the City assumed 50 percent (28 units) of its very low-income regional housing need (55 units) are extremely low-income households. This breakdown is shown in Table H-27. To address this projected housing need for extremely low-income households, the City will employ a detailed housing strategy including promoting a variety of housing types and providing direct assistance in support of housing.
257
H-50 | Public Hearing Draft Housing Needs Assessment, November 2023 Table H-27 Projected Extremely Low-Income Housing Needs (RHNA) Lower Income Higher Income
Extremely
Low
Very Low Low Moderate Above
Moderate
Total
Santa Barbara
County
5,799 3,935 4,397 10,725 24,856
Solvang 28 27 39 22 75 191
Source: SBCAG, HCD Pre-approved Data Package, California Department of Housing and Community Development.
Resources for Extremely Low-Income Households
The Housing Authority of the County of Santa Barbara (HASBARCO) works to build, acquire, own, manage, and maintain residential rental units for persons of very low and low income and to obtain rent payment assistance for similar households renting in the private market. HASBARCO provides 1,409 Authority-owned or managed rentals to low-income residents and an additional 4,057 privately owned rentals through the Federal Section 8 Housing Choice Voucher (HCV) program. HASBARCO has undertaken new construction and acquisition development activities in the incorporated and unincorporated areas of the county and has contracted specifically with Solvang to perform a variety of housing-related services in support of their local plan. The total number of units allowing HCVs in Solvang is not currently available.
People’s Self-Help Housing is an affordable housing developer and service provider working with a large range of lowincome and special needs communities in Santa Barbara County, San Luis Obispo County, and Ventura County. There are 62 units located in nearby Santa Barbara specifically for low-income individuals.
Additionally, the following programs work to help meet the housing needs of extremely low-income households:
• HE-B Housing Rehabilitation Assistance Program
• HE-C Rental Assistance
• HE-N Affordable Housing Incentives Program
• HE-P Affirmatively Furthering Fair Housing
Senior Households
Senior households typically have special housing needs due to three primary concerns: fixed income, high health care costs, and physical disabilities. According to the 2020 Census, 45.2 percent (1,087) of households in Solvang were headed by persons aged 65 years and older. Approximately 67.3 percent (732) of elderly householders in Solvang live in owner-occupied dwellings while the remaining 32.7 percent (355) are renters. 258
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Public Hearing Draft Housing Needs Assessment, November 2023 | H-51 Table H-28 Senior Households by Tenure, 2020
Households Homeowner Renter
Householder 15-64 years 1,305 674 631
Householder 65-74 years 526 436 90
Householder 75-84 years 460 247 213
Householder 85 years and over 101 49 52
Total 65+ Households 1,087 732 355
Total Households 2,392 1,406 986
Source: 2020 American Community Survey 5-Year Estimates Detailed Tables, Table B25007.
Because of physical and/or other limitations, senior homeowners may have difficulty in performing regular home maintenance or repair activities. Further concerns arise with the prevalence of single senior households, which face even more challenges with maintenance, safety, and health. In Solvang, there are approximately 513 seniors living alone.
Additionally, because many seniors have fixed or limited incomes, they may have difficulty making monthly mortgage or rent payments.
Resources for Senior Households
A variety of services are required to meet the range of senior needs, including congregate care, supportive services, rental subsidies, shared housing, and housing rehabilitation assistance. For seniors housing with universal design features that accommodate disabilities can help ensure continued independent living. Senior housing with supportive services can also be provided to allow independent living. According to the State Department of Social Services, one large licensed assisted living care facility with 188 beds is located in Solvang, as is one small assisted living facility with a capacity of six located in the city (see Table H-47). Many seniors are also able to live on their own without supportive services. Solvang Senior Apartments provides 44 units of lower-income housing for independent seniors who can benefit from reduced financial burden given fixed incomes. As shown in Error! Reference source not found., there are a total of 2 ,392 senior households in Solvang, in which 1,406 are owner-occupied and 986 are renter-occupied. When considering the number of renter-occupied units, there are a total of 238 senior rental units, indicating a gap of 748 units. Additionally, People’s Self-Help offers a total of 85 affordable units to seniors over the age of 62 years old located in nearby Santa Barbara.
Additionally, the following programs work to help meet the housing needs of senior households, including lower income seniors, and seniors with a disability:
• HE-C Rental Assistance
• HE-N Affordable Housing Incentives Program
• HE-Q Housing for Disabled Persons
Persons with a Disability
Individuals with a disability have special housing needs and are often constrained by a fixed income. The Census defines six types of disability: hearing, vision, cognitive, ambulatory, self-care, and independent living. Disabilities are defined as 259
H-52 | Public Hearing Draft Housing Needs Assessment, November 2023 mental, physical or health conditions that last over six months. For the collection of data on disabled populations, the Census relies on American Community Survey data, as opposed to decennial Census data, which no longer asks questions regarding disabilities. According to the 2020 American Community Survey, a total of 458 persons with a disability reside in Solvang, representing 8.3 percent of the City's population. Solvang’s share of persons with a disability is lower than Santa Barbara County’s 10.1 percent and Buellton’s 10.6 percent.
Table H-29 Persons with Disabilities by Type of Disability, 2020 Estimate Percent of Persons with
Disabilities
Percent of Total
Population
Hearing 71 15.5% 1.3%
Vision 55 12.0% 1.0%
Cognitive 209 45.6% 3.8%
Ambulatory 334 72.9% 6.1%
Self-Care 132 28.8% 2.4%
Independent Living 250 54.6% 5.5%
Total Persons with
Disabilities
458 8.3%
Source: 2020 American Community Survey 5-Year Estimates Detailed Tables, Table S1810.
The living arrangement of disabled persons depends on the severity of the disability. Many persons live at home independently or with other family members. To maintain independent living, disabled persons may need assistance.
This can include universal housing design features for the physically disabled, income support for those who are unable to work, and in-home supportive services for persons with medical conditions.
The City implements Title 24 of the California Code of Regulations, which addresses requirements for disabled persons.
These regulations apply to new construction of multifamily residential development in buildings that have three or more units. When there is a conflict between a Title 24 requirement and a zoning ordinance requirement, the State requirement will take precedence.
People with Developmental Disabilities
State law requires housing elements to examine the housing needs of people with developmental disabilities.
Developmental disabilities are defined as an impairment in physical, learning, language or behavior that begins before a person turns 18 years old. Developmental disabilities can be severe and chronic and include Down’s Syndrome, autism, epilepsy, or cerebral palsy.
According to data from California Department of Social Services, there are 52 individuals in Solvang who have a developmental disability. Persons with developmental disabilities account for approximately 11 percent of Solvang’s disabled population and 0.01 percent of the entire city’s population. The total developmentally disabled population is nearly split equally between adults and children.
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9. HOUSING
Public Hearing Draft Housing Needs Assessment, November 2023 | H-53 Table H-30 People with Developmental Disabilities by Age, Solvang Age Group Total
Age 18+ 27
Age Under 18 25
Total 52
Universe: Population with developmental disabilities
Source: California Department of Developmental Services, Consumer Count by California ZIP Code and Age Group (January 2022) As shown in Table H-31, the most common residence for people with developmental disabilities are in the home of a parent, family, and/or guardian. With appropriate accommodations, such as the implementation of universal housing design features, many developmentally disabled people can live independently depending on the severity of their condition. An additional challenge for developmentally disabled people is their first transition from living with a parent/guardian as a child to an appropriate level of independence as an adult. This transition may require additional support and individualized housing needs to ensure that the individual with developmental disabilities is able to have access to all resources that they need.
Table H-31 People with Developmental Disabilities by Residence, Solvang Residence Type Total
Home of Parent / Family / Guardian 44
Independent / Supported Living <11
Community Care Facility <11
Intermediate Care Facility 0
Foster / Family Home <11
Other <11
Total Residents >78
Universe: Population with developmental disabilities
Source: California Department of Developmental Services, Consumer Count by California ZIP Code and Age Group (January 2022) Resources for People with Disabilities
PathPoint Santa Barbara County Disability Services provides independent living services offering individuals with developmental disabilities the assistance and support required to live in their communities as independently as possible.
PathPoint has also partnered with the Housing Authority of Santa Barbara to provide three residential complexes located in Santa Barbara available to people with disabilities: Artisan Court (55 units), El Carrillo (61 units), and Bradley Studios (53 units). People’s Self-Help Housing owns and operates an additional 71 units specifically for people with disabilities located in nearby Santa Barbara. In addition to these facilities, the Housing Authority of Santa Barbara owns and operates Vera Cruz Village located in Santa Barbara, which provides 28 rental units to people with special needs. 261
H-54 | Public Hearing Draft Housing Needs Assessment, November 2023 Additionally, the following programs work to help meet the housing needs of people with a disability, including those in need of affordable housing options:
• HE-Q Housing for Disabled Persons
• HE-C Rental Assistance
• HE-N Affordable Housing Incentives Program
Large Households
Large households are defined as having five or more members residing in the home. These households constitute a special need group, because there is often a limited supply of adequately sized, affordable housing units in a community for large households. In order to save for other basic necessities such as food, clothing, and medical care, it is common for lower-income large households to reside in smaller units, which frequently results in overcrowding. Solvang has a total of 107 large households (Table H-32).
Table H-32 Households by Number of Persons
Owner Households Rental Households Total Households
1 Person 230 389 619
2-4 Persons 1,094 572 1,666
5+ Persons
(Large Households)
82 25 107
Source: 2020 American Community Survey 5-Year Estimates, Table B25009.
Resources for Large Households
The housing needs of large households are typically met through larger units. Solvang has approximately one hundred100 units with five or more bedrooms that could reasonably accommodate large families without overcrowding (Table H-33). Each of these units is a single-family home, however, data indicates that there is a need for rental multifamily units appropriate for large families. When considering the city’s total number of large households (107), there remains a very small gap resource gap between the number of large households (107) and large housing units (100).
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Public Hearing Draft Housing Needs Assessment, November 2023 | H-55 Table H-33 Number of Bedrooms
Amount Percent
0 Bedroom (Studio) 63 2.5%
1 Bedroom 323 12.8%
2 Bedroom 480 19.0%
3 Bedroom 990 39.3%
4 Bedroom 566 22.4%
5 or More Bedrooms 100 3.7%
Source: 2020 American Community Survey 5-Year Estimates, Table 25041.
Farm Workers
Farm workers are traditionally defined as persons whose primary incomes are earned through permanent or seasonal agricultural labor. Permanent farm laborers work in the fields, processing plants, or support activities on a generally yearround basis. These workers are generally considered to have special housing needs because of their very limited income and the historically unstable nature of their employment. Some of the issues related to farm worker housing include residency, limited incomes, overcrowding, and substandard housing conditions.
Santa Barbara County has approximately 22,985 farmworker laborers according to federal data [U.S. Department of Agriculture (USDA) 2017]. In 2017, 43 percent of farm laborers (9,895 persons) worked seasonally. While farmworker salaries have increased statewide by 74 percent from 2007 to 2017, the average farmworker salary places this group in the ELI category. Furthermore, the high cost of housing in the county is significantly above average farmworker salaries.
According to the Census Bureau, approximately 16 Solvang residents are employed in farming, forestry, and fishing occupations.
Solvang currently allows employee and farmworker housing for six and fewer persons subject to the same standards and permit requirements as a single-family house in all zones, and as a principal permitted use in residential zones, but has not received any requests for farmworker housing. However, Solvang is currently not in compliance with Health and Safety Code 17021.6, which requires jurisdictions to allow, by-right, group quarter farmworker housing of up to 36 beds or 12 units designed for use by a single family or household in agricultural zones. Program HE-O commits the City to amending the Zoning Code to comply with state law. Solvang plans to eliminate the agricultural zone soon as all current agriculturally zoned parcels are used for recreational purposes and/or are not suitable for agricultural production.
Housing Needs and Conditions
According to the UC Merced Farmworker Health Study (FWHS), published in 2023, farmworkers in California were most likely to be renters (92 percent) than owners, to live in single-family homes (55 percent), and very few renters relied on employers to pay any or all of their rent (2 percent). The research suggests that farmworkers generally experience substandard housing (e.g., older homes, apartments, mobile homes, motels, garages, or other similar spaces), often requiring repairs such as new roofs, plumbing, heating and cooling systems, and termite clean-up. Poor ventilation and crowded spaces put farmworkers at increased risk for respiratory illnesses such as asthma and infectious diseases like tuberculosis and COVID-19.
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H-56 | Public Hearing Draft Housing Needs Assessment, November 2023 The FWHS also found that farmworkers statewide faced issues related to the built environment of their homes. More than one-third (37 percent) reported a "taste of water at home" that was either very bad (24 percent) or bad (13 percent) — an indicator of poor water quality and possibly health risks. More than one in three also experienced problems keeping a house cool (39 percent) or warm (36 percent), issues that will only increase in time as climate change exacerbates the temperature extremes. Farmworkers also encountered problems related to water and moisture—such as rotting wood (16 percent), mold (14 percent), water damage (13 percent), and water leaks (12 percent).
Regarding households characteristics, FWHS respondents lived in large, overcrowded households with low incomes and several household problems, arrangements associated with decreased mental health. Farmworkers households were larger than the California average (3.0 persons per household), with a median household size of four persons. Over onefourth (29 percent) of farmworkers' households had six or more persons. More than half (55 percent) of farmworkers reported that two persons (including themselves) slept in their room—a figure somewhat less than the percent married (67 percent)—but more than one-fourth (25 percent) slept in a room with three or more persons indicating overcrowding.
Of statewide respondents to the FWHS, more than two-thirds (70 percent) of farmworkers lived in households with one or more children under the age of 18. The median number of children per household was two, and more than two in five (42 percent) households had three or more children. Only two percent of farmworkers lived in households with children who worked.
Resources for Farmworkers
While there are no housing units specifically offered to farmworkers in Solvang, People’s Self-Help Housing provides 125 units in Carpinteria, 252 units in Goleta/Isla Vista, 117 units in Guadalupe, 35 units in Lompoc, 80 units in Orcutt, 142 units in Santa Barbara, and 151 units in Santa Maria. People’s Self-Help provides a total of 902 units throughout the county available to farmworkers.
The following programs work to help meet the housing needs of lower income households, including farmworkers:
• HE-F Local Workforce Housing
• HE-B Housing Rehabilitation Assistance Program
• HE-C Rental Assistance
• HE-N Affordable Housing Incentives Program
• HE-P Affirmatively Furthering Fair Housing
Female-Headed Households
Female-headed households with children often require special consideration and assistance as a result of their greater need for affordable housing, accessible day care, health care, and other supportive services. Because of their relatively lower incomes and higher living expenses, such households may have fewer opportunities for safe and affordable housing.
According to the 2019 American Community Survey, Solvang has 324 female-headed households, of which 220 have children under 18. Approximately 20 percent of Solvang households are female-headed households. These households are particularly vulnerable due to the need to balance the needs of their children with work responsibilities. Among female-headed households in Solvang in 2019, 17.3 percent had incomes below the poverty line. When compared to all 264
9. HOUSING
Public Hearing Draft Housing Needs Assessment, November 2023 | H-57 households, female-headed households account for approximately a quarter of all households under the poverty level in Solvang.
Resources for Female-Headed Households
The Housing Authority of the County of Santa Barbara (HASBARCO) provides a total of 5,466 Authority-owned or privately owned rentals to a wide range of low-income groups through the Federal Section 8 Housing Choice Voucher (HCV).
Additionally, People’s Self-Help provides 681 affordable rental units located throughout the county to low-income families and households. While none of these units are located in Solvang, 437 are located in the nearby jurisdictions of Goleta, Santa Barbara, and Carpinteria.
Additionally, the following programs work to help meet the housing needs of lower income households, including farmworkers:
• HE-B Housing Rehabilitation Assistance Program
• HE-C Rental Assistance
• HE-N Affordable Housing Incentives Program
• HE-P Affirmatively Furthering Fair Housing
Persons Experiencing Homelessness
In February 2022, the County of Santa Barbara, in coordination with many volunteers from the community and local nonprofits, conducted the 2022 Point in Time (PIT) count, which documents the number of homeless individuals in the county. The PIT documented 6,250 individuals experiencing homelessness countywide, including 12 in the subregion encompassing the Santa Ynez Valley where Solvang is located. This is an increase from the count of two persons experiencing homelessness in the same area in 2020. Given this rising population locally and the homelessness crisis continuing to affect the entire state, Solvang will continue to assure that regulatory barriers are removed and that appropriate zoning provisions are in place to meet the housing needs of this segment of the population.2 Resources for Persons Experiencing Homelessness
State law requires cities to allow emergency shelters by-right in at least one zone with capacity to serve the identified need. Emergency shelters are allowed in any of the City's Design Residential (DR) zones by right. As of 2022, Solvang does not have any operating emergency shelters, however the City has designated the Solvang Veteran’s Hall as an emergency shelter for temporary use for overnight shelter or as a heating/cooling center. The City actively encourages private efforts at providing assistance to homeless persons. One of the organizations providing needed services is People Helping People (PHP), a local non-profit organization that assists persons in need of emergency temporary shelter throughout the Santa Ynez Valley. In the 2018-2019 fiscal year, PHP assisted 3,725 people across its wide variety of programs focused on gaining and maintaining housing security, protecting victims of domestic violence, and supporting families.
A list of emergency shelters located in the nearby jurisdictions of Lompoc and Santa Barbara are provided below:
2 County of Santa Barbara. “2022 Point In Time Homelessness Count Preliminary Results Released.” Edhat. 18 March 2022.
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H-58 | Public Hearing Draft Housing Needs Assessment, November 2023 • Bridgehouse Emergency Shelter. Located at 2025 Sweeney Road Lompoc, CA. Provides year-round emergency shelter for men, women, and children (90-bed facility). • McCune Family Residence. Located at 425 East Cota Street, Santa Barbara, CA. Provides a three-stage housing program to families experiencing homelessness including emergency shelter, transitional housing, and permanent affordable housing (35 units).
• Safe Parking Shelter and Rapid Re-Housing Program, Provides safe overnight parking to individuals and families living in their vehicles (154 parking spaces).
• Santa Barbara Rescue Mission. Located at 535 East Yanonali Street Santa Barbara, CA. Short-term emergency shelter that accommodates 80 men and 39 women on a nightly basis.
Additionally, the following programs work to help meet the housing needs of lower income households, including those experiencing homelessness:
• HE-S Emergency Shelters and Transitional and Supportive Housing • HE-B Housing Rehabilitation Assistance Program
• HE-C Rental Assistance
• HE-N Affordable Housing Incentives Program
• HE-P Affirmatively Furthering Fair Housing
• HE-Q Housing for Disabled Persons
•
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9. HOUSING
Public Hearing Draft Housing Needs Assessment, November 2023 | H-59 Non-Governmental and Governmental
Constraints to Housing Production
Non-Governmental Constraints
Land costs, construction costs, and market financing contribute to the cost of housing reinvestment and production.
Although many constraints are driven by market conditions, jurisdictions have some leverage in instituting policies and programs to address these constraints. This section addresses potential market constraints to housing in Solvang.
Development Costs
Construction costs vary widely according to the type of development, with multifamily housing generally being less expensive to construct than single-family homes on a per unit basis. However, there is wide variation within each construction type, depending on the size of the unit and the number and quality of amenities provided.
The average cost of a new single-family home being constructed in Solvang, according to personal contact with several local construction companies, ranges between $500 and $750 per square foot. These costs are exclusive of the costs of land, site development, and soft costs, such as entitlements and financing.
A reduction in amenities and the quality of building materials (above a minimum acceptability for health, safety, and adequate performance) could result in lower sales prices. In addition, prefabricated factory-built or manufactured housing, which is permitted in Solvang, may provide for lower-priced housing by reducing construction and labor costs.
Another factor related to construction costs is the number of units built at one time. As the number of units increases, overall costs generally decrease as builders can benefit from the economies of scale.
Land Costs
Another key component in the cost of development is the price of raw land and any necessary improvements. Solvang, within the city limits, is almost completely built out, leading to a limited supply of residential land. This constraint combined with a high demand for such development keeps land costs high. It should be noted, however, that unlike construction costs and labor costs, the cost of residential and commercial sites is highly variable. Cost considerations include the density of development allowed on a particular site and the location of the site relative to other amenities. In addition, as vacant parcels become rarer to find, builders are beginning to pursue more costly underutilized sites, which often require the demolition of existing uses before a new project can be constructed. For these projects, the price of land can vary significantly based on the redevelopment costs associated with the existing use.
Based on a review of real estate listings on Zillow in August 2022, four vacant residential parcels are for sale. These sites are detailed in Table H-34 below.
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H-60 | Public Hearing Draft Housing Needs Assessment, November 2023 Table H-34 For Sale Vacant Residential Parcels, November 2022 APN Acreage Listed Price Price per Acre
137-660-045 1.12 $449,999 $401,785
139-100-047 .36 $585,900 $1,627,500
139-100-048 .35 $575,900 $1,645,429
139-100-049 .27 $575,900 $2,132,963
Source: Zillow.com, 17 November 2022.
Note: Parcels 139-100-047 thru 139-100-049 is also being offered being sold together for $1.75 million, which would account to approximately $1,785,715 per acre.
Based on this information, the average price of a vacant single-family lot is approximately $33 per square foot. Lots appropriate for multifamily housing developments are assumed to be in the same range, though none are currently available. There are very few lots in Solvang, including all those listed in Table H-34. These lots are environmentally constrained by small lot sizes, lack of road access, or extreme slopes. As a result, these sites are not appropriate for affordable multifamily development. The Residential Sites Inventory identifies five sites, totaling 7.12 acres, appropriate for affordable multifamily development. For more information, please see the Housing Resources section of this Needs Assessment.
Financing Costs
Financing costs, in particular, are dependent upon national economic trends and policy decisions. Residential real estate markets across the United States have skyrocketed in 2020 with increasing trends towards remote work and shifts away from urban centers.
In Solvang, as in other California communities, funds for new construction and residential mortgages are available from both banks and savings and loans institutions, and private mortgage brokers. Currently (summer 2022), fixed mortgage rates are trending up at 5.11 percent in the face of high inflation and the fallout from the COVID-19 pandemic. In Solvang, the primary constraint is not in terms of availability of financing, but rather the high cost of purchasing housing. In other words, the sales price of homes, both for existing and new construction, prohibits many residents from even beginning the process of financing their homes.
Requests to Develop Below Identified Densities and Approval Times Requests by developers to develop below identified densities as prescribed by zoning regulations reduces the amount of housing possible in a region and may lead to further housing insecurity. As such, cities must walk the fine line between taking an overly optimistic outlook on housing growth in terms of density and failing to ministerially allow housing growth to reach its maximum density potential. Government Code 65583(h)(6) requires that the City report all requests to develop Housing Opportunity sites with capacity for lower income housing at densities lower than reported in the Housing Element. During the previous planning period, the City received no requests to develop identified sites below the minimum density as described in the sites inventory.
Additionally, State law requires the Housing Element to include discussion of the length of time between project approval and requests for a building permit. As of 2023, recent multifamily projects have taken approximately two years from 268
9. HOUSING
Public Hearing Draft Housing Needs Assessment, November 2023 | H-61 Planning Commission approval to building permit. Applicants have stated that financing and the cost of construction have made it difficult to move forward with their projects in a timely manner. Planning Commission approvals are good for 3 years and almost all the projects are built within that timeframe. In 2023, one 32-unit project applied for a one-year time extension, Construction of this project is scheduled for 2024.
Affordability of Rental Housing
Table H-35 breaks down rental affordability in Solvang by income level based on the median household income. As discussed previously, housing is generally considered affordable if no more than 30 percent of households income is spent on housing costs. The estimated median household income (MHI) in Solvang is $82,838. Based on the MHI, 30 percent of income would result in monthly housing costs not exceeding $2,071 per month (including utilities) for median income households, $1,656 for low-income households, and $1,035 for very low-income households. In reviewing the average rents for a one-bedroom apartment ($2,300 per month) or a single-family residence ($3,900 per month), it becomes clear that even median income households cannot afford the average cost of rental housing without overpaying. These conditions result in overcrowding and/or substantial overpayment for housing by lower income households, which is reflected in Solvang’s overcrowding and overpayment data reported previously in this document.
Table H-35 Rental Affordability by Income Level, Solvang Extremely Low
(>30% AMI)
Very Low
(30-50% AMI)
Low
(50-80% AMI)
Median
(100% AMI)
Moderate
(120% AMI)
Income Level3 $24,850 $41,400 $66,250 $82,850 $99,400
Max Monthly
Gross Rent4
$621 $1,035 $1,656 $2,071 $2,899
Source: Mintier Harnish, 2022.
3 Assumes that 30 percent (35 percent for moderate and affording purchase) of income is available for either: monthly rent, including utilities; or mortgage payment, taxes, mortgage insurance, and homeowners’ insurance. 4 Assumes 95 percent loan at 5.8 percent annual interest rate and 30-year term; assumes taxes, mortgage insurance, and homeowners’ insurance account for 20 percent of total monthly payments. 269
H-62 | Public Hearing Draft Housing Needs Assessment, November 2023 Affordability of Homeownership
Due to the high cost of for sale housing in Solvang, homeownership is not a viable option for most lower income or median income renter households in Solvang. Like calculating affordability for renters, using a 30 percent affordability ratio, a household would need an annual income of $310,000 to be able to afford a single-family home worth the typical home value in Solvang of $1.4 million (Figure H-4). This "affordability gap" is one of the largest financial constraints to low- and moderate-income households in Solvang.
Figure H-4 Single Family Home Values, 2000-2022
Source: Zillow Home Value Index (ZHVI), Single Family Homes May 2022 Dataset, 2000-2022. $-
$0.20
$0.40
$0.60
$0.80
$1.00
$1.20
$1.40
$1.60
2000 2002 2004 2006 2008 2010 2012 2014 2016 2018 2020 2022 Millions
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9. HOUSING
Public Hearing Draft Housing Needs Assessment, November 2023 | H-63 Overall, the current price of both rental and owner-occupied housing in Solvang is unaffordable to lower and moderateincome residents of Solvang without overpaying. As shown in Table H-36 below, most Solvang residents pay over $3,000 a month for housing, which would account for the entire salary of a low-income household.
Table H-36 Monthly Housing Costs, 2020
Estimated Households Percent of Households
$0 18 0.7%
$1-$499 128 5.4%
$500-$999 160 6.7%
$1,000-$1,499 653 27.3%
$1,500-$1,999 326 13.6%
$2,000 to $2,499 207 8.7%
$2,500 to $2,999 343 14.3%
$3,000 or more 557 23.3%
Source: 2020 American Community Survey, Table B25104
Governmental Constraints
Although local governments have little influence on such market factors as interest rates and availability of funding for development, their policies and regulations can affect both the amount of residential development that occurs and the affordability of housing. Since governmental actions can constrain availability and affordability of housing, state law requires the Housing Element “address and, where appropriate and legally possible, remove governmental constraints to the maintenance, improvement, and development of housing.” This section analyses local policies and regulations for constraints to housing production and identifies actions the City is going to take to address them.
Land Use Controls
The General Plan Land Use Element sets forth the City's policies for guiding local land use development. These policies, together with existing zoning regulations, establish the amount and distribution of land allocated for different uses. As summarized in Table H-37, the 2008 Land Use Element provides for five residential land use categories, as well as three commercial categories that permit residential units as a secondary use. Additionally, the Zoning Ordinance includes districts for Planned Residential Developments and Mobile Home Parks that allow residential uses. 271
H-64 | Public Hearing Draft Housing Needs Assessment, November 2023 Table H-37 Land Use Categories Permitting Residential Use General Plan Land Use
Designations
Zoning Districts Density (Units per Net
Acre)
Residential Type(s)
Estate Residential 3-E-1 .33 Ranchettes
Low Density Residential 1-E-1 1
Single-family detached
homes
Low/Medium Density
Residential
20-R-1 2
Single-family detached
homes
Medium Density Medium High
Density
10-R-1, 8-R-1, 7-R-1 3 to 7 Single-family, Multifamily
High Density Residential DR-8 to DR-20 7 to 20 Single-family, Multifamily Planned Residential
Development
PRD
.33 to 20
(Must match density
maximums of base zone)
Single-family, multifamily
Mobile Home Park MHP 7 Mobile Homes
Retail Commercial C-2 Up to 20 Secondary Use
Tourist Commercial TRC Up to 20 Secondary Use
Professional/Office PO Up to 20
Secondary Use (requires a
major conditional use permit)
Source: City of Solvang Municipal Code, Title 11 (Zoning Regulations), 2022.
Residential Development Standards
The City regulates the type, location, density, and scale of residential development primarily through the Zoning Ordinance. Zoning regulations are designed to protect and promote the health, safety, and general welfare of residents, as well as implement the policies of the General Plan. More detailed than the General Plan, the Zoning Ordinance sets forth the City's specific residential development standards. Table H-38 describes the general lot coverage, height limit, setbacks, and open space required for residential development. 272
9. HOUSING
Public Hearing Draft Housing Needs Assessment, November 2023 | H-65 Table H-38 Residential Development Standards
Zoning
District
Max.
Density
(du/ac)
Min. Lot
Area
Min.
Net Lot
Width
(ft.)
Max. Building
Coverage (%)
Setbacks4 Max. Building
Height
Front Side8 Rear
3-E-1 .33 3 acres 210
None1
50’ from
Centerline
20’ from
Right-ofWay7
10% of
width7
25’ 7 35’
1-E-1 1 1 acre 100
20-R-1 2 20,000 sq. ft. 100
10-R-1 4 10,000 sq. ft. 80
8-R-1 6 8,000 sq. ft. 75
7-R-1 6 7,000 sq. ft. 65
MHP 710
2,800-4,000
sq. ft.2
35-502 15’ 15’ 35’
DR 1.8 to 20
2,178-
24,200 sq. ft.
None 30%5 20’ 10’ 10’ 35’ 5
PRD
Same as
base zone
None None 30-50%9 None None None 35’
TRC 20 None None None1 30’-42’ None
10% &
>10 ft11
35’ 3
C-2 20 None None None1 30’-42’ None
10% &
>10 ft11
PO5 20 None None 40% 15’-45’ 15’ 15’
Source: Zoning Ordinance, City of Solvang. (Note that the Zoning Ordinance shall have precedence over this table). 1 None, but various front and side setbacks are required. 2 To create opportunities for affordable housing, a maximum of 10% of the mobile home sites may be developed for single-wide units.
Minimum requirements for single-wide sites are less than those for double-wide sites. 3 Architectural features may be fifty feet in height.
4 These setbacks are the minimum standards reflected in the zoning district, however, please refer to the Zoning Ordinance for actual setback standards. The Zoning Ordinance shall have precedence. 5 30% maximum building coverage in the DR-20 zone does not include parking requirement and the 35-foot height limit does allow up to three stories in this zone.
6 Housing is a conditional use in the PO district.
7 Lots zoned 7-R-1 to 10-R-1 that are less than 50 feet wide would have a setback of at least five feet. Lots zoned 7-R-1 to 10-R-1 that are greater than one hundred feet wide would have a setback at most ten feet. 8 For lots that front Mission Dr (SR 246), there must be a front setback of at least 42 feet from the centerline of the highway. 9The 30% building coverage applies to buildings containing dwelling units, 50% building coverage applies to total building coverage. 10The maximum density for projects that create opportunities for affordable housing is eight units per gross acre. 11Any lot having a rear boundary abutting the rear boundary of a lot zoned residential shall have a minimum rear setback of 25 feet.
Density
The maximum density permitted, defined in terms of the number of dwelling units per acre, varies by zone from one unit per three acres in the Single Family Residential Zone (3-E-1) to twenty units per acre in the higher-density Design Residential District (DR-20). The City also currently (2022) permits secondary residential uses in the TRC, C-2, and PO zones with a density of 20 units per acre, though secondary residential uses in the PO zone also require a major 273
H-66 | Public Hearing Draft Housing Needs Assessment, November 2023 conditional use permit. By permitting a range of densities, the City facilitates the development of a variety of housing types, ranging from low-density single-family residences to apartment and condominium complexes. The City also encourages new housing to be developed at the highest end of the permitted density ranges to maximize the number of units available.
Structural Limits
Zoning Ordinance regulations affect the size of structures by setting limits on lot coverage and height. Solvang’s development standards do not pose overly restrictive limits on single family or multifamily structures. None of Solvang’s single-family residential zoning designations have a restriction on building coverage outside of required setbacks, however, parcels Design Residential (DR) zones are limited to 30 percent lot coverage. All residential zoning districts are subject to the citywide maximum building height of 35 feet, which is also used in nearby Buellton. Setbacks, as described in 0, are comparable to similar jurisdictions and do not pose an undue constraint to housing development. Multifamily developments, which would use the DR zoning district, have reduced setback standards compared to single-family zones.
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9. HOUSING
Public Hearing Draft Housing Needs Assessment, November 2023 | H-67 Table H-39 Residential Setbacks
Zoning District Minimum Lot Area Setbacks
Front Side Rear
3-E-1 3 acres
50’ from
Centerline
20’ from Rightof-Way7
10% of width1 25’
1-E-1 1 acre
20-R-1 20,000 sq. ft.
10-R-1 10,000 sq. ft.
8-R-1 8,000 sq. ft.
7-R-1 7,000 sq. ft.
MHP 2,800 sq. ft. 15’ 15’
DR-1.8 24,200 sq. ft.
20’ from Rightof-Way
10’ 10’
DR-8 5,445 sq. ft.
DR-9 4,840 sq. ft.
DR-10 4,356 sq. ft
DR-12 3,630 sq. ft.
DR-13 3,350 sq. ft.
DR-14 3.111 sq. ft.
DR-16 2,722 sq. ft.
DR-20 2,178 sq. ft.
1: Exceptions include:
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, which 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.
Source: City of Solvang Zoning Ordinance, 2022.
In addition to single and multifamily residential zones, the City uses the Planned Residential Development (PRD) District, to permit new subdivision development with smaller lot sizes that result in relatively lower land costs and greater housing production.
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H-68 | Public Hearing Draft Housing Needs Assessment, November 2023 Parking Requirements
The City's parking requirements for residential districts, outlined in Municipal Code Section 11-11-7, vary by housing type and anticipated housing needs. Parking requirements are calculated by unit type and on a per-bedroom basis for multifamily units, as shown in Table H-40. All residential parking spaces, regardless of the type of development, are required to be 8.5 feet wide by 16.5 feet long.
Single-family dwellings require two-car garages, at a minimum. This requirement is not a constraint to the construction of market rate single-family housing.
Parking requirements for multifamily developments are typically based on a per-bedroom basis, which may be considered an excessive parking standard as a two-bedroom dwelling requires two parking spaces within 200 feet of a building. This supply of parking required may be more than what a family that has a two-bedroom unit may require by default. Despite these high standards by default, the City currently offers flexibility for parking standards based on factors such as unit affordability and connection to senior restricted units. For example, mixed use developments with affordable housing only require half a parking space per unit and mixed used developments with housing reserved for senior citizens in the TRC, C-2, and PO districts require only a third of a parking space per unit. The City is also committed through Programs HE-L and HE-U to reevaluate parking requirements to incentivize denser infill development and comply with changing State laws. This relaxed parking minimum requirement helps increase density and promote the walkable atmosphere of Solvang’s TRC zone.
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9. HOUSING
Public Hearing Draft Housing Needs Assessment, November 2023 | H-69 Table H-40 Parking Requirements
Type of Residential Development Required Parking Spaces 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 Accessory Dwelling Unit As required by State law5
Emergency shelters 1 space per 7 beds and 1 space per employee Source: City of Solvang Zoning Ordinance § 11-11-7-B
Flexibility in Development Standards
The City offers some mechanisms to provide relief from development standards typically required of all residential projects under the Zoning Ordinance. These mechanisms include mixed-use development provisions in the TRC, C-2, and PO zoning districts and the Planned Residential Development (PRD) designation.
Mixed-Use Development
Solvang’s Zoning Ordinance encourages residential mixed uses in the City’s Tourist Related Commercial (TRC), Retail Commercial (C-2), and Professional Office (PO) zones. Currently, residential uses are permitted as “secondary uses” to a commercial use.
5 State law does not require parking spaces for accessory dwelling units. The City of Solvang is in the process of codifying its own accessory dwelling unit ordinance which may have additional regulations regarding required parking spaces for ADUs. 277
H-70 | Public Hearing Draft Housing Needs Assessment, November 2023 The City plans to replace its "secondary use” regulations with mixed-use zoning standards through the General Plan Update process. This update plans to completely remove current standards regarding residential bedrooms per square feet of commercial development and replace them with more flexible regulations allowing for more diverse mixed-use districts with developments having both more residential and more commercial uses. In effect, the City plans to remove conceptions of a building’s “primary” or “secondary” use in favor of simply mixed-use development. Once the updated General Plan is adopted in Spring or Summer 2022, the Municipal Code will be amended to be consistent with the changes to mixed-use zones introduced in the General Plan Update process.