Agenda 2024-07-22 CC
AGENDA
SOLVANG CITY COUNCIL
MONDAY JULY 22, 2024
6:00 PM SPECIAL CLOSED SESSION
6:30 PM REGULAR MEETING
City Council: 1644 Oak Street, Solvang, Ca 93463
Mark Infanti, Mayor Virtual & in Council Chamber
David Brown Mayor pro tem, District 3
Elizabeth Orona District 4
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. The 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 30 minutes before the meeting.
6:00 PM SPECIAL CLOSED SESSION
CALL TO ORDER
ROLL CALL
0BAGENDA 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 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.
1BAGENDA 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 2BPUBLIC 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.
CAMPAIGN CONTRIBUTION DISCLOSURE - Pursuant to Government Code Section 84308, any party to a City proceeding must disclose on the record any campaign contributions made to a member of the City Council [or commission] in excess of $250 in the past 12 months. This disclosure requirement includes contributions by the party’s agent and aggregated contributions from persons or entities related to the party. Please make the disclosure as soon as possible, but not later than the beginning of the proceeding. 3BAMERICANS 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. 4BLET YOUR VOICE BE HEARD! Do you have about one minute a month to help make Solvang better? The City of Solvang is working with FlashVote to engage the community and gather valuable input from residents to inform our decisions. We encourage residents to sign up at www.flashvote.com/Solvang or call 775-235-2240 to participate by phone or text only.
Agenda 2024-07-22 CC
PLEDGE OF ALLEGIANCE
1. PUBLIC COMMUNICATIONS ON CLOSED SESSION ONLY
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.
2. RECESS TO CLOSED SESSION
a. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION – pursuant to Gov. Code Section 54956.9(d)(1)
Name of case:
In Re: Aqueous Film-Forming Foams Products Liability Litigation, MDL No. 2:18-mn-2873- RMG, including City of Camden, et al., v. 3M Company, No. 2:23-cv-03147-RMG, and City of Camden, et al., v. E.I. DuPont de Nemours and Company et al., No. 2:23-cv-03230-RMG, City of Camden, et al v. Tyco Fire Products LP, et al., No. 2:24-cv-02321-RMG; City of Camden, et al. v. BASF Corporation, No. 2:24-cv-03174-RMG
RECONVENE TO OPEN SESSION
3. ANNOUNCEMENT OF CLOSED SESSION ACTIONS
4. ADJOURNMENT
6:30 PM REGULAR MEETING
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
1. PROCLAMATIONS, COMMENDATIONS AND CEREMONIAL ITEMS: None
2. PRESENTATIONS:
a. SBC Youth Poet Laureate Jasmine Guerrero
b. Marketing & Tourism Quarterly Update
3. 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 act on issues not on the agenda, except to briefly respond or ask Staff to follow up on such items.
4. CITY MANAGER REPORT AND ADVANCE CALENDAR
Informational Report
5. GC SECTION 53232.3(d) (aka AB 1234) and GC SECTION 84308 (aka SB 1439) REPORT OUT,
COUNCIL COMMENTS, REQUESTS
Reports of meetings attended, contributions made or received, and Comments and requests from City Council Members.
4 62
Agenda 2024-07-22 CC
6. 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 at the 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: July 8, 2024.
c. Receive and file Quarterly Fire Report
d. Approve Development Services Technician Job description, and Approve revised City of Solvang Organizational Chart
7. PUBLIC HEARINGS: None
8. DISCUSSION ITEMS
a. Discussion and Possible Action to Approve Residential Water Disconnection Policy to Conform with Regulatory Requirements and Make Other Conforming Edits and Authorize Staff to Make any Necessary Conforming Edits to Finalize the Residential Water Disconnection Policy. b. Discussion and possible action to approve the request for a Letter of Public Convenience or Necessity for Tony’s Smoke Shop at 448 Alisal Road Suite B (APN 139-240-063). c. Discussion and possible action to Approve Amendment No. 4 to the Agreement with Valley Garbage and Rubbish Company dba Health Sanitation Service for Exclusive Solid Waste, Recyclables and Organics Collection and Transportation to Disposal and Processing Facilities and Organic Sites to address SB 1383 requirements, update the annual rate adjustment methodology, extend the term to June 30, 2038 and make other conforming edits, and authorize the Mayor to execute on behalf of the City.
d. Discussion and direction to Staff regarding potential Zoning Code Amendments to implement Solvang 2045 General Plan.
9. COUNCIL CLOSING COMMENTS
10. ADJOURNMENT
AFFIDAVIT OF POSTING
I, Annamarie Porter, City Clerk for the City of Solvang, California, DO HEREBY CERTIFY under penalty of perjury under the laws of the State of California, that the foregoing 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 19th day of July 2024
63 69
77 82
89 92
133
City of Solvang
Quarterly Report
July 2024
TJAAdvertising.com Prepared for City of Solvang
By TJA Advertising
4 ● Regular monthly blog posts
● Content edits to pages
● Fresh banner ads
● Brand new listing directory system
added to backend
● New grid-based design for Lodging,
Shopping and Dining
● Complete image archive organized
by keywords
● Added Vacation Rentals as a
category for lodging on website
Website Design
5 Sessions Comp:
April -> June 2024 Sessions = 202,544
April -> June 2023 Sessions = 184,218
Difference = +18,328
% Difference = +9.95%
Lodging Referrals Comp:
April -> June 2024 Referrals = 8,176
April -> June 2023 Referrals = 7,204
Difference = +972
Difference = +13.49%
Website Sessions
6 Dashboard Updates and
Improvements
• Added Measure U tracking
• Added reports page to house the quarterly
reports and more
• Added new downloads to the home page
Dashboard
7 • Monthly Meta Ads
• Localhood Story Creation
• Crowdriff Management
• Pinterest
• Monthly Email Blasts
• Blog posts
Digital Marketing Updates
8 Advertising Dollars at Work
2024 (2nd Quarter) = 8,176 (lodging referrals) x
30% (look to book ratio) = 2,453 (reservations) x 2
nights (average length of stay) = 4,906 room
nights x $225 average ADR = $1,103,760
(reservations made from website lodging
referrals). 12% TOT generated for the City =
$134,451.
Dashboard
9 Cities Most Dependent on TOT
Mammoth Lakes
Yountville
Solvang
Calistoga
South Lake Tahoe
Anaheim
Half Moon Bay
Bishop
Avalon
Monterey
Pismo Beach
Indian Wells
Dashboard
10 Los Angeles Times Campaign Recap
11 Los Angeles Times Campaign Recap
12 Los Angeles Times Campaign Recap
13 Los Angeles Times Campaign Recap
14 Los Angeles Times Campaign Recap
15 • Bay Area News Group
• San Ynez Guide
• Visit California Newsletter Sponsorship
• Central Coast Tourism Council Co-Op
Fall Campaign Planning
16 Thank You!
17 SOCIAL MEDIA REPORT
April-June 2024
PREPARED BY ISLETT AGENCY
18 OVERVIEW
Apr-Jun 2024
03-04
05-10
11-12
13-14
15-16
17-18
Quarterly Data
Top Performing Content
Community Engagement
Key Takeaways
Quarterly Projects
Instagram Market Analysis
19 PLATFORM NET GROWTH ORGANIC ENGAGEMENTS ORGANIC IMPRESSIONS INSTAGRAM +5,273 37,277 800,700
FACEBOOK +1,030 64,982 1,852,291
TIKTOK +135 1,133 41,768
3 MONTH CHECK-IN
Apr-Jun 2024
20 PLATFORM
FOLLOWER
NET GROWTH
Apr-Jun 2024
FOLLOWER
NET GROWTH
Apr-Jun 2023
TOTAL # OF
POSTS
Apr-Jun 2024
TOTAL # OF
POSTS
Apr-Jun 2023
ACCOUNTS
REACHED
Apr-Jun 2024
ACCOUNTS
REACHED
Apr-Jun 2023
ORGANIC PROFILE
VIEWS
Apr-Jun 2024
ORGANIC PROFILE
VIEWS
Apr-Jun 2023
INSTAGRAM +5,273 +1,071 47 30 248,800 66,700 22,524 11,276 INSTAGRAM REELS x x 12 8 130,009 96,456 x x
INSTAGRAM STORIES x x 185 54 178,772 85,919 x x
FACEBOOK +1,030 n/a 43 n/a 256,538 n/a 10,142 n/a
TIKTOK +135 +73 10 6 29,902 2,159 428 238
TOTAL 6,438 1,144 297 98 844,021 251,234 33,094 11,514
Apr-June 2024 QUARTERLY CHECK-IN
21 TOP PERFORMING CONTENT
Apr-Jun 2024
22 TOP PERFORMING CONTENT - INSTAGRAM
SAVES
Apr-Jun 2024
Main Takeaway
Caption revealed Julefest dates and prompted users to save them to their calendars.
20,075 impressions, 13 comments, 380 shares, 169 saves
IMPRESSIONS + LIKES
Main Takeaway
A spring themed carousel post that included both video and photo. Visuals featured florals, tourists and a dog.
50,011 impressions, 24 comments, 198 shares, 91 saves
23 TOP LIKED POSTS-INSTAGRAM Apr-Jun 2024
Main Takeaways
Visuals consistently featured event promotion + carousels that included a mix of video and photo 24 TOP PERFORMING CONTENT - INSTAGRAM REELS
PLAYS + SAVES
Apr-Jun 2024
Main Takeaway
Showcased the 6 museum and cultural sites
located in Solvang.
59,728 plays, 724 likes, 5 comments, 101 shares, 84
saves
LIKES
Main Takeaway
A giveaway for Hans Christian Andersen’s birthday. Users had to follow the Solvang account + the participating
businesses’, like the post and tag a friend in the comments. 19,878 plays, 1,427 likes, 234 comments, 128 shares, 74 saves 25 TOP PERFORMING CONTENT - FACEBOOK
REACH
Apr-Jun 2024
Main Takeaway
UGC carousel that included a quote from the influencer. 45,034 impressions, 584 likes, 83 comments, 1 link clicks, 45 shares
ENGAGEMENT
Main Takeaway
Visuals were Danish architecture paired with a detailed caption on Solvang’s founding.
44,177 impressions, 812 likes, 51 comments, 69 shares
26 TOP PERFORMING CONTENT - TIKTOK
VIEWS & LIKES
Apr-Jun 2024
Main Takeaway
A spotlight on newer Solvang businesses that fell in the “Play” category. This was one out of four spotlights of this series.
6.4k plays, 127 likes, 19 shares, 16 saves
27 THE SOLVANG COMMUNITY
Apr-Jun 2024
28 COMMUNITY ENGAGEMENT
Apr-Jun 2024
29 KEY TAKEAWAYS
Apr-Jun 2024
30 KEY TAKEAWAYS
WINS OPPORTUNITIES
Apr-Jun 2024
Instagram YOY Increases:
Follower growth increased 392%
+5k vs +1k
Organic reach increased 55%
557k vs 249k
Profile views increased 49%
22.5k vs 11.2k
We saw a spike of 735 followers the day our
giveaway with @lifehacksla was shared.
There were over 18k content interactions on
Facebook! The top liked post this quarter
received just under 1k likes.
Our testing for mixed media posts on
Instagram was effective! 3 out of 5 of the top
posts included both photo and video.
Continued partnerships for giveaways to
help increase exposure to a new audience.
Cold collabs with broader California travel
pages.
31 QUARTERLY PROJECTS
Apr-Jun 2024
32 Q2 PROJECTS
Apr-Jun 2024
Video creation for “What’s New in Solvang” series
Influencer vetting/communication - inbound from DM’s + assisting Anna Giveaway planning for Q2
33 INSTAGRAM MARKET ANALYSIS
Apr-Jun 2024
34 NEW FOLLOWERS [30 days] AVG ENGAGEMENT RATE
Apr-Jun 2024
Solvang USA Visit SYV*
Visit Santa Barbara* Visit Paso
SLO Cal* Visit Ventura
Dec Apr June
-1,000
0 1,000
2,000
3,000
4,000
Solvang USA Visit SYV*
Visit Santa Barbara* Visit Paso
SLO Cal* Visit Ventura
Dec Apr June
0.00%
0.50%
1.00%
1.50%
2.00%
2.50%
Trend
Solvang’s follow gain was the 2nd highest amount. We did see a decrease in gain from the previous quarter which can be attributed to our giveaway we launched on April 3rd.
Trend
Solvang ranked #2 in the highest engagement rate. Visit Ventura’s can be attributed to collabs and videos that
continue to be top performers for their account.
35 THANK
YOU
36 • APR | MAY | JUN 2024 Activities (recap)
Press Communications
• Wrote / edited “SPRING-into-SUMMER IN SOLVANG” copy / content which was used for ongoing, manual / email pitches and editorial conversations, content submissions, and for use by other SolvangUSA marketing team members. (content sits in a shared Google doc) • May 2024 SolvangUSA consumer email blast incorporated portions of this content. • Edited / updated “SIDEWAYS IN SOLVANG” copy / content which is being used for ongoing, manual / email pitches and editorial conversations, content submissions, and for use by other SolvangUSA marketing team members. (content sits in a shared Google doc) • March 2024 Localhood story that sits on the SolvangUSA website incorporated this topic.
• Content was also maintained for use by Westways Magazine writer(s), for inclusion in specific section of a Fall 2024 issue (“5 Worth the Drive”). • Back-up press release distribution for Elverhøj Museum of History & Art’s spring/summer art gallery exhibit, “Under the Same Sun,” which opened April 20, 2024.
Solvang Tourism, Apr | May | Jun 2024 :: PR Briefs
prepared by Anna Ferguson-Sparks, Stiletto Marketing
37 • APR | MAY | JUN 2024 Activities (recap, continued) Press Communications (continued)
• Wrote / edited / distributed Solvang, California, Takes Second Place in 2024 USA TODAY 10Best Readers’ Choice Travel Award Category, “Best Small Town in the West” copy / press release, which was used for editorial consideration as well as for other SolvangUSA marketing team projects. (content sits in a shared Google doc)
• https://www.ksby.com/santa-ynez-valley/solvang-takes-second-place-in-2024-usa-today-best-smalltown-in-the-west • https://www.youtube.com/watch?v=6Pr475IPhLk
• https://www.edhat.com/news/solvang-takes-second-place-in-10best-readers-choice-best-smalltown-in-the-west/ • https://www.independent.com/2024/04/10/solvang-california-takes-second-place-in-2024-usatoday-10best-readers-choice-travel-award-category-best-small-town-in-the-west/ • https://www.noozhawk.com/solvang-takes-2nd-place-in-usa-today-readers-choice-travel-awardcategory/ • https://santaynezvalleystar.com/solvang-takes-second-place-in-usa-today-travel-award-category/ • https://news.yahoo.com/solvang-takes-second-place-2024-023155724.html • https://www.yahoo.com/news/solvang-takes-second-place-2024-023155724.html • https://wineindustryadvisor.com/2024/04/10/solvang-california-takes-second-place-usa-today10best-readers-choice-travel-award-category 38 • APR | MAY | JUN 2024 Activities (recap, continued) Press Communications (continued)
• Wrote / edited SYV Pride press copy, which was used for ongoing, manual / email pitches and editorial conversations, content submissions, and for use by other SolvangUSA marketing team members. (content sits in a shared Google doc)
• https://www.visitcalifornia.com/experience/celebrating-pride-month-california/ • https://www.nbclosangeles.com/the-scene/pride-month-celebrations-concerts-paradesdining/3421744/ • https://www.pridejourneys.com/post/2024-lgbtq-pride-guide • https://gaydesertguide.com/events/santa-ynez-valley-pride • https://syvnews.com/lifestyles/santa-ynez-valley-pride-month-kicks-offsaturday/article_c712c90e-124a-5574-b951-e1d4fec036d5.html • https://www.independent.com/events/syv-pride-parade-and-festival • https://www.noozhawk.com/santa-ynez-valley-pride-celebrates-the-big-hearts-of-small-towns • Edited / updated “Kid-Friendly Solvang” + “Pet-Friendly Solvang” copy / content which is being used for ongoing, manual / email pitches and editorial conversations, content submissions, and for use by other SolvangUSA marketing team members. (content sits in a shared Google doc) • The “family-” / “kid-friendly” topic was used in the SolvangUSA JUNE consumer email blast, and for “dog-” / “pet-friendly” social campaigns.
39 • APR | MAY | JUN 2024 Activities (recap, continued) Press Communications (continued)
• Continued SYV Pride media correspondence leading up to and after June 22 Parade/Festival weekend.
• https://www.ksby.com/small-town-big-heart-the-annual-santa-ynez-valley-pride-and-festivalreturned-to-the-central-coast • https://www.youtube.com/watch?v=z1Ny2H2_t0A
• https://syvnews.com/news/local/santa-ynez-valley-shows-its-pride-during-community-paradeand-festival/article_de60b8ba-4764-597f-9dca-2d45debb3037.html • https://santamariatimes.com/syv-pride-month-continues-this-weekend-parade-coming-june22/article_7a19b576-c646-5d32-be62-d0a5557a99d4.html 40 • APR | MAY | JUN 2024 Activities (recap, continued) Content / Media Liaison
• Assisted vendor contracted by Visit California’s social media production team with Solvang content shoot destined for Visit California social campaign(s). Photographer / videographer visited Solvang May 2, 2024, to shoot requested content at / with First & Oak, Atterdag Inn, Alma Rosa Winery, Solvang Trolley(s), as well as general “iconography” of Solvang Village.
Footage posted to Visit California’s social feed(s) in early-July: instagram.com/p/C8-bqFDpyw9 • Fulfilled inbound media requests for Solvang photos and/or video footage including a request from/for a new travel TV show, Undiscovered America TV, for an upcoming episode titled “No Passports,” where they take the viewer to destinations across the nation that feel like they are outside of the country. Solvang will be featured as a segment during this episode which is slated to air in July.
• Fulfilled inbound media request for Solvang photos and information, including a phone interview with freelance writer, for a digital travel article for AARP: The Magazine on the topic of multi-gen "dupe" travel, in which Solvang was included. Posting date: July, to be included in next report(s). 41
• APR | MAY | JUN 2024 Activities (recap, continued)
Content / Media Liaison (continued)
• Facilitated imagery request for review for possible inclusion of new Solvang business, Off The Record Vinyl & Vintage, in an upcoming Hemispheres Magazine article about the Santa Ynez Valley as a travel destination.
• Coordinated June 22 shoot in Solvang as part of a TV documentary project for the Germanspeaking market. The documentary aligns with an existing podcast/radio series following journalist Dr. Dirk Rohrbach’s bike ride along the entire West Coast of the U.S. Dirk originally visited Solvang in the summer of 2021 to gather audio content for the series, and we had also helped with that first visit (which at the time, was with Thomas Birkholm at Birkholm’s Bakery). • In June 2024, Dirk interviewed and toured the village with Dean Klitgaard from the Solvang Visitor Center and captured lots of footage (including drone footage) for his upcoming TV series. He will start to edit and work on the series this coming fall. 42 • APR | MAY | JUN 2024 Activities (recap, continued) Content Submissions
• APRIL content submissions to Industry section of Visit California's website for future PR / Media consideration.
• Published: “New Restaurant Openings in Solvang from Two Local Chefs” • Summer content submissions to Central Coast Tourism Council for future PR / Media consideration:
• Pet-friendly and Family-friendly Solvang travel ideas + Pride celebrations • Suggestion for post about record shops along the Central Coast, inspired by the new vinyl venue in Solvang: Off The Record Vinyl & Vintage • Event submissions to Central Coast Tourism Council website:
43 • APR | MAY | JUN 2024 Activities (recap, continued) Content Submissions (continued)
• Event submissions to Visit Santa Barbara website:
• SYV Pride > https://santabarbaraca.com/events/pride-parade-festival • Solvang Danish Days > https://santabarbaraca.com/events/solvang-danish-days • JUNE content submissions to Industry section of Visit California's website for future PR / Media consideration:
• Let's Brick-Build: September's Solvang Danish Days Lures LEGO® Enthusiasts with Professional Contest
• Classic Cars in a Storybook Setting: Solvang's 2nd Annual Viking Classic Car Show, October 19, 2024
Media Outreach
• Check SOS, Substack, and/or Connectively media queries daily; submitted Solvang and/or individual businesses within City to twelve (12) specific queries. • Additional, ongoing media outreach or pitching not tied to SOS, Substack, Connectively queries. 44 • APR | MAY | JUN 2024 Activities (recap, continued) Additional Items
• Drafted April 22, 2024, Message from Mayor Mark Infanti, on behalf of the City of Solvang, regarding loss of much of Copenhagen, Denmark’s historic Old Stock Exchange building in tragic fire.
• Worked with TJA (Claudia + John) to fine-tune copy and content for April, May, and June 2024 e-blasts / newsletters to SolvangUSA consumer email listing(s). Also assisted with content sourcing for Localhood story about Solvang hotels with swimming pools, to also be used for any social media purposes.
• Continued correspondence with Candice (City), and Rick + Tom + TJA, to aid in their efforts in attempting to update content on certain portions of the SolvangUSA.com website, or for any other questions or needs.
• Continued check-ins with the Solvang Visitor Center for updates and general catch-up sessions. • Correspond regularly with islett (Liana + Jamie + Kaylee) regarding @SolvangUSA social media topics, questions, content schedules, and for general check-ins. 45 • APR | MAY | JUN 2024 Activities (recap, continued) Media + Influencer Visits
• In March 2024, Solvang hosted Los Angeles-based freelance writer, Melissa Curtin, for a multiday itinerary showcasing varied Solvang experiences (mainly, “what’s new” in the area). Melissa posted social content during and after her stay and incorporated her Solvang research into article pitches.
• Melissa placed one Solvang piece with JohnnyJet.com; the article also published on MSN.com (JohnnyJet has a partnership with MSN).
• Melissa placed a second Solvang piece with Malibu Coast Lifestyle Magazine and Conejo Valley Lifestyle Magazine; Solvang story published in July 2024 issue. • Mid-April 2024, Solvang hosted Chicago-based freelance writer, Nicole Schnitzler, for a research visit for potential pitches to Chicago-area media outlets or for larger, national pitches. Nicole stayed in multiple parts of the Santa Ynez Valley over the course of one week, with the majority of her stay completed in Solvang. Any resulting coverage, TBD. • Late-May, Solvang hosted the founder of @lifehacksla (and his family; 199K Instagram Followers), as they captured content surrounding a midweek / seasonal travel / “Unexpected Solvang” collab post + giveaway project. Giveaway + collab post with @SolvangUSA launched June 6, 2024; partial results are reported on following slides. (instagram.com/p/C74smSWPcDz) 46 • APR | MAY | JUN 2024 Activities (recap, continued) Media + Influencer Visits (continued)
• Early-June, we hosted travel and outdoors influencer, Nicole Pangborn - @pang_bang (265K Instagram Followers), as she captured content to showcase the “unexpected side of Solvang,” also to serve as a collab with @SolvangUSA account(s). Nicole captured footage of the village + outdoors activities (two sides of Solvang or, “You know this Solvang, but do you know this Solvang?”). Collab post with @SolvangUSA launched June 14, 2024; partial results are reported on following slides. Nicole also included Solvang in two bonus Instagram Reels, as well as on her TikTok feed.
• https://www.instagram.com/p/C8NFmywPTG6
• https://www.instagram.com/p/C8AU_PcPjdY
• https://www.instagram.com/reel/C9AiyvmvWx4
• https://www.tiktok.com/@pang__bang/video/7380415162194431274 47 • APR | MAY | JUN 2024 Activities (recap, continued) Carly’s Solvang Posts / Stories:
48,700 Reel Views // 3,780+ Post “Likes” // 250+ Comments https://www.instagram.com/p/C5OQntPra8L/
https://www.instagram.com/p/C5Q3CtirAUB/?img_index=1
https://www.instagram.com/p/C5TbVWFruvs/
https://www.instagram.com/p/C5V_tn2r3oJ/
https://www.instagram.com/p/C5lYbSALtF4/
https://www.instagram.com/stories/highlights/18038151409836810/ April 2024 Solvang Influencer Visits
@thenationalparktravelers // 691K Followers
April 29th Reel:
63.6K Reel Views // 782 Post “Likes” // 63 Comments
Full Report > Linked here
@iamcarlyanderson // 92.9K Followers
48 • APR | MAY | JUN 2024 Activities (recap, continued) Nicole’s Solvang Reel:
64.9K Reel Views // 1,980+ Post “Likes” // 50+ Comments May / June 2024 Solvang Influencer Visits
@lifehacksLA // 199K Followers
June 7th Reel:
63.8K Reel Views // 4,280+ Post “Likes” // 4,340+ Comments @pang_bang // 268K Followers
49 • APR | MAY | JUN 2024 Activities (recap, continued) • SAMPLING OF MEDIA HITS – APRIL
https://secretlosangeles.com/day-trips-from-los-angeles https://www.ksby.com/santa-ynez-valley/solvang-takes-second-place-in-2024-usa-today-best-small-town-in-the-west https://ktla.com/news/california/these-are-californias-most-charming-main-streets 50 • APR | MAY | JUN 2024 Activities (recap, continued) • SAMPLING OF MEDIA HITS – APRIL
https://www.golflink.com/travel/best-golf-bachelor-party-destinations https://www.buzzfeed.com/hannahloewentheil/california-road-trip-guide https://www.realtor.com/news/unique-homes/storybook-danish-style-home-listedin-solvang-california-for-2-1m 51 • APR | MAY | JUN 2024 Activities (recap, continued) • SAMPLING OF MEDIA HITS – MAY
https://johnnyjet.com/discover-solvang-californias-thriving-culinary-scene and on MSN.com https://la.eater.com/2024/5/21/24146796/new-restaurants-opening-santa-ynez-valley-stica-crudo-the-gatheringtable-solvang and on MSN.com https://www.nbclosangeles.com/worth-the-trip/solvang-pastry-pancake-breakfast-danish-days/3416985 52 • APR | MAY | JUN 2024 Activities (recap, continued) • SAMPLING OF MEDIA HITS – MAY / JUNE
https://www.nbclosangeles.com/the-scene/pride-month-celebrations-concerts-parades-dining/3421744 https://www.ksby.com/news/local-news/from-flower-festivals-to-pride-parades-here-are-6-things-to-do-this-weekend https://www.ksby.com/small-town-big-heart-the-annual-santa-ynez-valley-pride-and-festival-returned-to-thecentral-coast https://www.portolahotel.com/blog/unforgettable-summer-road-trip-la-to-monterey https://www.portolahotel.com/blog/unforgettable-summer-road-trip-la-to-monterey 53 • APR | MAY | JUN 2024 Activities (recap, continued) • SAMPLING OF MEDIA HITS – JUNE
https://www.gobankingrates.com/saving-money/travel/travel-destinations-in-us-just-like-europe-but-cheaper/ https://people.com/summer-vacation-dupes-for-european-destinations-all-in-the-u-s-8665722 https://www.msn.com/en-za/news/other/american-cities-that-look-and-feel-like-europe/ss-BB1kSk9L#image=13 https://secretlosangeles.com/socal-places-that-look-like-europe 54 Looking ahead…
• APR | MAY | JUN 2024 Activities (recap, continued)
Q3 + Q4 2024 Press Releases and/or Content Creation
• Solvang Danish Days (September 20-22, 2024):
• Press efforts and shared marketing copy creation to support event marketing as the Solvang Danish Days Foundation gears up for this year’s festival weekend.
• FALL in Solvang (September / October):
• Round-up of Fall happenings in Solvang, to be used as a press release + team marketing content. • Solvang Julefest (November / December):
• Preliminary Solvang Julefest 2024/2025 press projects will begin in July.
Q3 + Q4 2024 Media Visits
• Currently working on five (5) possible writer visits for the months of July, September, and November.
All would be editorial research visits along varied themes and itineraries (e.g., family-friendly travel, “what’s new,” wine-related interests, foodie experiences, etc.), including one writer from a market serviced by Santa Barbara Airport (Denver), one San Francisco Bay Area writer, and even a New York-based writer. Further details to follow in future monthly or quarterly reports. 55 • Solvang Visitor Center Report from Solvang Hygge Huset LLC; Susan Lee, Managing Member Solvang Visitor Center, June + Q2 2024
Visitor Center count:
June 2023 – 8,757
The highest volume day was Saturday, June 3, with 450 visitors.
June 2024 – 9,248*
The highest volume day was Saturday, June 29, with 544 visitors. * This is 491 more visitors this year in the month of June than in June 2023.
Button count for June 2024:
Birthday Buttons – 61
Anniversary Buttons – 41
Number of times guests said that they saw the post about celebrating in Solvang: 28 56 When it is an appropriate moment with our guests, we ask them where they came from and how they found out about Solvang. The following is a Quarterly wrap-up of States, Countries, and answers noted:
States
Areas in California – Southern California, Northern California, Los Angeles, Ventura, San Diego, Orange County, Sacramento, San Francisco, Fresno, Santa Barbara, Huntington Beach, Santa Clarita, Pismo, San Luis Obispo, Riverside, Montecito, the Bay Area. (Southern California and Los Angeles area continue to be the most common answer.)
California answers noted to how/why they decided to visit Solvang:
• Have been here many times and will keep coming back for the Old World Danish charm • Visited many times before, we love Solvang
• This is a return visit and we plan to visit again and again • 45 people from San Diego on our bus and we got to stop in Solvang • We are looking for “The Letter Box” (we do have one in the VC) Have been here many, many times. • I have been here before and really wanted to return
• We are from Sacramento and have come for a visit many times. We love Solvang. • We found Solvang on a cute video on TikTok
• Friends told us to visit. Planning to return with a longer visit. We had no idea there was this much to do and see in your little town.
Solvang Visitor Center, June + Q2 2024
57 California answers noted to how/why they decided to visit Solvang (continued):
• We came from the Bay Area to visit after an internet search and we have NOT been disappointed by your Danish town. It delivered.
• Drove all the way from Sacramento and we are so excited to be here! • We saw videos of Solvang on YouTube and it looks so Danish and cute, we had to visit. • We came to see our son graduate from UCSB and we did everything you told us to do and wanted to tell you we did it all! We had such a fun time in Solvang! Thank you. • There were quite a few guests who told us they were visiting Solvang in June because they had come for a graduation. Maybe something else to add to our celebrations in Solvang during the Summer.
Other States and answers noted:
Arkansas, Internet search, celebrating their 41st anniversary in Solvang Massachusetts, We searched best towns to visit in California on the internet Illinois, Internet search for the best towns to visit in California and found Solvang Oklahoma, They found out they were Danish on an ancestry search so their friends told them to visit Solvang.
They loved it and wanted to hear all the Solvang history and heritage.
Pennsylvania, Internet search - We came for your 4th of July festivities. “You celebrate July 4th really well! Dollywood, Tennessee, 4 friends from Dollywood on a tour of ”The Golden State.” They came in to see the Danish Capital of America in California. Came back to the Visitor Center twice to hear the accordion and danced around to it. They said, ”Solvang is the highlight of our entire trip!” Solvang Visitor Center, June + Q2 2024
58 Countries and answers noted:
China - 10 people on a bus tour, on their way to San Francisco, took a stop in Solvang Manchester, England - saw Solvang on television
Nibe, Denmark - Mom and son from Denmark. We love Solvang. Our 86-year-old mother wanted to come to see if we could find anyone who speaks Danish.
Horsens, Denmark - Young couple, we saw an old guy from Solvang on YouTube that looks just like you! After we saw the video, we put Solvang on our list of things to do in the U.S. after Bryce Canyon.
Arhus, Denmark - Saw Solvang on television. Good Dansk Mad. Saerlig Smørrebrød.
Brisbane, Australia - A man had a friend in Australia from Denmark who has been to Solvang. His friend told him he had to come and he also said there is a Danish settlement in Australia.
France - 2 couples, research on best things to see in CA and found Solvang England - Couple, Return Visit, We love this Danish Town! Thailand - Family of 4, they have family in Southern California. Were amazed by the Danish architecture and the Windmills
Philippines - Family visiting some family members in Irvine who said they should go see Solvang.
Nigeria - Saw a Solvang Blog so they did more research on Solvang. Saw the post about celebrating in Solvang and decided to come all the way to Solvang to celebrate their anniversary! They came to the Visitor Center to ask for an anniversary button. They loved Solvang so much and said they were going to bring their kids back next time.
Solvang Visitor Center, June + Q2 2024
59 Countries and answers noted (continued):
Austria - Couple, Internet search on what to see in California Shanghai, China - A family of 5, ”Solvang is very famous on the Internet!” ”It looked like a very beautiful Danish town, so we had to come”
Pontypool, Whales - Internet search of California, Amazed by Solvang and the Danish heritage.
Brazil - They have friends in Brazil who are from Denmark and they told them to visit Solvang. They love all of the Danish pastries especially the Danish Waffle. ”It’s great and perfectly messy!” Spain - Internet search, couple celebrating 45 years together. They told us their secret of life is to listen, have a song in your heart, love God and Country, keep moving, and save a litte money!” Russia - A couple planning to visit San Francisco, they decided to stop in Solvang after an internet search Vilnius, Lithuania - They heard about Solvang from family members Copenhagen, Denmark - ”We Did an internet search but, everyone knows about Solvang in Denmark” Uruguay - Traveling in the U.S. for their holiday. ”Solvang is a beautiful town!” Denmark - Specifically came to see our replica of the Old Stock Exchange that burned recently.
Czech Republic - Family of 4, Internet search on California. They said they love Denmark so they had to visit after learning that there is a Danish Capital of America in California.
Toronto, Canada - Couple, internet research
Latvia - Family of 4
Netherlands - Couple, ”People (Americans) seem to confuse Dutch and Danish a lot! Haha” Solvang Visitor Center, June + Q2 2024
60 • Solvang Visitor Center Inquiries: Apr-May-Jun 2024 (see inquiry listings linked here)
The Solvang Visitor Center Ambassador Team continues to aid guests of Solvang from all over the world. We answer questions, give directions and suggestions, share our Danish culture, history, and heritage, and sometimes even just lend a listening ear if that is what someone needs. We help visitors locate their cars and sometimes even a family member. We listen to concerns. We make new friends and create Solvang memories. We take lost & found items and give out celebratory wishes. We also continue to give out little Solvang-branded bear hugs to guests who seem to need one. We do media interviews and are happy to assist the SolvangUSA Marketing Team however and wherever we can. Solvang Hygge Huset Visitor Center Team is completely grateful and happy to have the opportunity to continue to serve the City of Solvang.
Mange Tak!
Solvang Visitor Center, June + Q2 2024
61 Meeting Date Agenda Item Agenda Dept
12-Aug Quarterly Financial Reports Consent Finance
Select Cal Cities Voting delegate & alternate Discussion City Clerk Alamo Pintado Bridge Project Presentation City Manager
Approve Capital Improvement Program Discussion Fin/Public Works 26-Aug Frontier Communications Presentation City Manager Policy Review Discussion City C/A
9-Sep Zoning Ord to implement GP 1st Reading Public Hearing Planning PERS liability discussion Presentation City Manager
23-Sep Cal Cities Legislative Update Presentation City Manager Special Event weekends impacts on busineses Discussion Parks & Rec Zoning Ordinance to implement GP 2nd reading Consent Planning 15-Oct Sign Ordinance review Discussion Planning
Future Meetings RFQ Interim Financing WWTP Administration Discussion Finance Pavement Management Presentation Public Works
Short Term Vacation Rental update Discussion Finance/Planning Outdoor dining ordinance Public Hearing Planning
Modify City Code Title 9, Chapter 3, 9-3D-3 Water
Conservation
Public Hearing Utilities
Meeting Date Agenda Item Agenda Dept
Fire abatement and brush removal program Discussion City Manager On-street Parking Restrictions Policy Direction Discussion Public Works Agenda Item Agenda Dept
January Annual Comprehensive Financial Report Discussion Finance January (odd
years)
Brown Act, Public Records Act, Levine Act Training Presentation City Attorney January (odd
years)
Appointment to Boards, Commissions, Committees Discussion City Clerk January Fee Schedule Review Discussion Finance
January Investment Policy Annual Review Discussion Finance February (even
years)
Budget to Actual Discussion Finance
February Measure A 5-Year Local Program of Projects Public Hearing Public Works February Mid-Year Budget Adjustments Finance
February (even
years)
Council Budget Goal Setting Public Workshop City Manager March Housing General Plan Annual Report Discussion Planning March SB1 RMRA project List Public Hearing Public Works March Solvang Mesa LLMD Annual Assessment Public Hearing Public Works March FTA 5311 Grant Agreement Consent Public Works
March TDA Grant Funding Consent Public Works
May (even years) Ordinance 1st Reading & Adoption Conflict of Interest Public Hearing City Attorney May Grant Funding Applications review Discussion Finance Oct/Jan/April/July Quarterly Financial Reports Discussion Finance Oct/Jan/April/July Quarterly Marketing Update Presentation Parks & Rec Oct/Jan/April/July Quarterly Public Records Requests Report Consent City Clerk June Preliminary Budget Discussion Finance
June Two-Year Financial Plan Development or Supplemental Budget adoption
Discussion Finance
June Capital Improvement Program Discussion FIN/Public Works June/July Amend Appropriation Limit (GANN) Public Hearing November Stormwater Management Program Annual Report Consent Public Works December AB 1600 Report Discussion Public Works
December City Council Reorganization - Appointment of Mayor pro tem
Discussion City Clerk
December (even
years)
City Council Reorganization Council selection of
representatives to Committees and Agencies
Discussion City Clerk
Council Requested Agenda Items
Annual Reports
CITY COUNCIL ADVANCE CALENDAR
62 M 2024-07-08 CC 1
Regular Meeting - 6:30 PM
6:30 PM REGULAR MEETING
CALL TO ORDER
Mayor Infanti called the Regular 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 David Brown, Councilmembers Robert Clarke and Claudia Orona
Absent: Councilmember Elizabeth Orona
Staff: City Manager Randy Murphy, City Attorney Chelsea O’Sullivan, City Clerk Annamarie Porter Planning Manager Rafael Castillo, Planning Consultant Laurie Tamura, Public Works Director Rodger Olds.
PLEDGE OF ALLEGIANCE
Resident Mullen led in the Pledge of Allegiance.
1. PROCLAMATIONS, COMMENDATIONS AND CEREMONIAL ITEMS - None
2. PRESENTATIONS
a. CCCE Presentation
Judy Young Senior Account Manager, Central Coast Community Energy (CCCE), via Zoom narrated a PowerPoint presentation with details of CCCE and its projects and programs.
Discussion followed regarding previous goals of having 100% renewable energy by 2030 and whether hydrogen comes into play in their systems.
3. PUBLIC COMMUNICATIONS – NON-AGENDA AND CONSENT ITEMS Mayor Infanti invited public comments.
Dennis Beebe
Mark Oliver
Steven Martin
Craig Kent
Kent Lockhart
Al Cortese
There were no other public communications on Non-Agenda and Consent Items.
MINUTES
SOLVANG CITY COUNCIL
MONDAY, JULY 8, 2024
Agenda Item 6.b
63 M 2024-07-08 CC 2
4. 5. CITY MANAGER REPORT AND ADVANCE CALENDAR
City Manager Murphy reported the current fire information can be obtained online where residents can register for alerts; addressed Solvang Business Talks and a special events survey; and announced the State of the City on September 27, 2024.
Discussion followed regarding the Red Cross evacuation center and Veterans Hall, the status of the current fire and availability of Federal help.
5. GC SECTION 53232.3(d) (aka AB 1234) and GC SECTION 84308 (aka SB 1439) REPORT OUT, COUNCIL COMMENTS, REQUESTS - None
6. CONSENT ITEMS
a. Approve Order of Agenda as Presented.
b. Approve City Council Minutes: June 24, 2024
c. Receive and file June Monthly Financial Report
d. Approve City Manager Employment Agreement.
e. Adopt Resolution No. 24-1267 to Appoint a Director and Alternate to the Santa Ynez River Valley Basin Eastern Management Area Groundwater Sustainability Agency Board of Directors f. Approve a Cooperation Agreement between the County of Santa Barbara and the City of Solvang CDBG Urban County Program for Federal Fiscal Years (2024-2027), and Adopt Resolution 24-1268 authorizing the City Manager to enter into a cooperation agreement between the County of Santa Barbara and the City of Solvang for participation in the Santa Barbara Urban County Community Development Block Grant CDBG) program for three federal fiscal years (2024-2027)
Motion by Councilmember Claudia Orona, to approve Consent Items, seconded by Councilmember Clarke and carried, 4-0, with Councilmember Elizabeth Orona, absent.
7. PUBLIC HEARINGS
a. Public Hearing to consider:
1) Adoption of Resolution No. 24-1253 Certifying the Final Environmental Impact Report, Adopting Findings of Fact Pursuant to the California Environmental Quality Act, Adopting a Mitigation and Monitoring and Reporting Program, and Adopting a Statement of Overriding Considerations for the Solvang 2045 General Plan Consisting of the Following Elements: Land Use, Community Design, Economic Development, Mobility, Environment and Sustainability, Safety, and Public Facilities, Services and Infrastructure (SCH#2023060448); and
2) Adopting Resolution No. 24-1254 Adopting the City of Solvang 2045 General Plan Consisting of the Following Elements: Land Use, Community Design, Economic Development, Mobility, Environment and Sustainability, Safety, and Public Facilities, Services and Infrastructure.
Planning Manager Castillo and Planning Consultant Tamura narrated a PowerPoint presentation with details of the updated Solvang 2045 General Plan and the certification of the final Environmental Impact Report (EIR).
64 M 2024-07-08 CC 3
Discussion followed regarding being able to make changes four times a year, changes in land use designations relative to existing parking lots at Mission Santa Ynez, and privately-owned facilities serving quasi-public functions.
Mayor Infanti opened the public hearing and invited public comments.
Dennis Beebe
Craig Kent
Al Cortese
There were no other public comments.
Discussion followed regarding the lack of benchmarks for traffic, elimination of levels of service per SB 43 and using Vehicle Miles Travelled (VMT) as a metric.
Matt Maddox, Rincon Consulting, addressed the issue of VMT and the basis for its calculation.
Discussion continued regarding reducing VMT through in-fill development, reducing barriers to development, satisfying the needs of residents versus demands by Sacramento and the separately approved Housing Element.
Mayor Infanti closed the public hearing.
City Attorney O’Sullivan explained the appropriate motions and recusals.
Motion by Mayor Infanti, to adopt Resolution No. 24-1253, seconded by Councilmember Clarke, and carried, 4-0, with Councilmember Elizabeth Orona, absent.
Councilmember Claudia Orona recused herself; noted she is a member of Horzes Entertainment LLC which owns the lot at 376 First Street; declared a potential conflict of interest and left the Chamber.
Motion by Mayor Infanti, to redesignate certain properties from tourist related commercial to public and the Mission Santa Ynez from agricultural to public or agricultural to open space as shown in the 2045 General Plan, seconded by Councilmember Clarke, and failed, 2-1-0, by roll call vote, with Mayor pro tem Brown, opposed, Councilmember Claudia Orona, recused and Councilmember Elizabeth Orona, absent.
Discussion followed regarding providing options for the Mission Santa Ynez property, the need to analyze traffic, air quality and environment, keeping it as agricultural, the public facility designation providing a broader latitude and increased opportunities of uses, open space limitations and respecting private property rights. Ensuing discussion followed regarding having the land-use designations reflect what is currently occurring on the property.
Motion by Councilmember Clarke, to redesignate certain properties from tourist related commercial to public and the Mission Santa Ynez from agricultural to public or agricultural to open space as shown in the 2045 General Plan, seconded by Mayor Infanti, and carried 3-0-0, by roll call vote, with Councilmember Claudia Orona, recused and Councilmember Elizabeth Orona, absent.
Councilmember Claudia Orona returned to the Chamber and took her place on the dais.
Councilmember Clarke declared he owns property within 500 feet of the Alisal property, recused himself and left the Chamber.
Motion by Mayor Infanti, to redesignate the Alisal property from agricultural to open space as shown in the 2045 General Plan, seconded by Mayor pro tem Brown, and carried 3-0-0, by roll call vote, with 65 M 2024-07-08 CC 4
Councilmember Clarke, recused and Councilmember Elizabeth Orona, absent.
Councilmember Clarke returned to the Chamber and took his place on the dais.
City Attorney O’Sullivan referenced a Blue Folder Item relative to changes in 7A and 7A2 regarding the effective date of the resolution, making it effective 30 days after adoption.
Motion by Mayor Infanti, to adopt Resolution No. 24-1254 Adopting the City of Solvang 2045 General Plan Consisting of the Following Elements: Land Use, Community Design, Economic Development, Mobility, Environment and Sustainability, Safety, and Public Facilities, Services and Infrastructure, as changed according the Blue Folder Item making the effective date of the resolution 30 days after adoption, seconded by Mayor pro tem Brown, and carried 4-0, by roll call vote, with Elizabeth Orona, absent.
8. DISCUSSION ITEMS
a. Discussion and possible action to Approve the City of Solvang Active Transportation Plan.
Public Works Director Olds narrated a PowerPoint presentation with details of the Solvang Active Transportation Plan.
Discussion followed regarding avoiding government abuse and waste, reference to the Santa Ynez Multi-purpose trails Master Bicycle Plan, trail improvement construction costs and controlling pedestrian traffic.
Mayor Infanti invited public comments.
Dennis Beebe
Craig Kent
Hank Homburg, via Zoom
Kent Lockhart
There were no other public comments on this item.
Motion by Mayor pro tem Brown, to approve the City of Solvang Active Transportation Plan, seconded by Councilmember Claudia Orona, and carried 3-1, by roll call vote, with Councilmember Clarke, opposed and Elizabeth Orona, absent.
b. Discussion and possible direction to Staff regarding RATPDev request for a contract amendment to include rate structure modifications and rate increases to operate the Santa Ynez Valley Transit service.
Public Works Director Olds narrated a PowerPoint presentation with details of the Santa Ynez Valley Transit operations contract with Santa Ynez Valley Transit.
Mayor Infanti invited public comments.
Discussion followed regarding whether approval is needed by other partners, avoiding improprieties, increased costs, a 10% fare box return ratio, their on-call service and Solvang’s percentage of their overall business.
Wes Cruz, Director of Operations for California responded to questions from Council regarding Solvang’s percentage of their overall business, unforeseen increases in costs and challenges in employee retention.
66 M 2024-07-08 CC 5
Dominic Perez, General Manager, discussed avoiding improprieties and discussed providing raises to their employees, retention and investing to keep operators safe.
There were no other public comments.
City Council concurred to allow staff to proceed with further negotiations regarding a contract amendment to include rate structure modifications and rate increases to operate the Santa Ynez Valley Transit service.
c. Discussion and possible action to receive and file Public Records Requests Report for January 1, 2024 – June 30, 2024.
City Clerk Porter presented details of the report for City Council’s consideration and discussed the number and type of requests in the last six months.
,
Discussion followed regarding digitizing public records, software, access to public records, providing a public portal for building permits and plans to bring a report forward on a quarterly basis.
There were no public comments on this item.
Motion by Mayor pro tem Brown, to receive and file Public Records Requests Report for January 1, 2024 – June 30, 2024, seconded by Mayor Infanti, and carried 4-0, with Councilmember Elizabeth Orona, absent.
d. Discussion and Possible Action to Approve Updated City Council Protocols to Conform with Regulatory Requirements and Make Other Conforming Edits.
City Attorney O’Sullivan presented details of the report.
Discussion followed regarding keeping the section about nepotism in the protocols.
There were no public comments.
Motion by Mayor pro tem Brown, to approve Updated City Council Protocols to Conform with Regulatory Requirements and Make Other Conforming Edits, seconded by Councilmember Clarke, and carried 4-0, with Councilmember Elizabeth Orona, absent.
Motion by Councilmember Clarke to continue the meeting past 9:30 p.m., seconded by Mayor Infanti, and carried 3-1, by roll call vote, with Councilmember Clarke, opposed and Councilmember Elizabeth Orona, absent.
e. Discussion and possible action to reaffirm City Council Legislative Priorities 2021 Platform and make other Conforming edits.
City Manager Murphy presented details of the report.
Discussion followed regarding the number of cities that are members of the League of California Cities, giving staff additional tools to support or oppose State legislation.
There were no public comments.
Motion by Mayor pro tem Brown, to table this item to a future meeting to allow City Council to review the procedures, further and carefully, seconded by Councilmember Claudia Orona, and failed 2-2, by roll call vote, with Councilmembers Clarke and Mayor Infanti opposed, and with Councilmember Elizabeth Orona, absent.
67 M 2024-07-08 CC 6
Motion by Councilmember Claudia Orona, to reaffirm City Council Legislative Priorities 2021 Platform and make other Conforming edits, seconded by Mayor Infanti, and carried 4-0, by roll call vote, with Councilmember Elizabeth Orona, absent.
f. Discussion and Possible direction to Staff regarding Solvang’s Camping Ordinance in light of the recent Supreme Court of the United States Decision.
City Manager Murphy provided details of the report.
Discussion followed regarding enforcement, having the County pay for that enforcement, invalidation of the Boise decision, potential future edits, the City’s anti-camping ordinance and designating specific areas as zero tolerance.
There were no public comments.
City Council concurred to direct staff to continue working with the Legal Department and the County Sheriff’s regarding Solvang’s Camping Ordinance in light of the recent Supreme Court of the U.S. decision.
9. COUNCIL CLOSING COMMENTS - None
10. ADJOURNMENT – 9:52 p.m.
The meeting was adjourned at 9:52 p.m.
Respectfully submitted:
Annamarie Porter, CMC
City Clerk
68 Apparatus:
Basic Incident Date Original (Fd1.3):
Santa Barbara County Fire Department
4410 Cathedral Oaks Road, Santa Barbara, CA 93110
805-681-5500
Solvang - Incidents by Unit and District (Scheduled Quarterly) Incident District/Zone Total Incidents
Apparatus ID: E30
31 1
32 1
Total: 2
Apparatus ID: E330
30 1
32 1
34 1
Total: 3
Apparatus ID: ME30
24 2
26 1
30 193
31 24
32 25
34 1
38 4
Total: 250
Apparatus ID: MT30
26 1
30 1
Total: 2
Apparatus ID: T30
30 1
31 2
Total: 3
Total: 260
Report Criteria
Is In E230, E30, E330, ME30, MT30, T30
Is Equal To Last Quarter
Description
Solvang - Incidents by Unit and District
1 of 1 Printed On: 07/01/2024 01:09:29 PM
Agenda Item 6.c
69 Santa Barbara County Fire Department
4410 Cathedral Oaks Road, Santa Barbara, CA 93110
805-681-5500
Solvang - Response Time Report sorted by Date_Time (Scheduled Quarterly) Basic Incident Alarm Date
Time (FD1.26)
Incident Primary
Station (FD1.4)
Incident
District/Zone
Fire Incident Type Response Mode To Scene Response
Time
04/01/2024 07:06:51 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:03:12
04/01/2024 18:06:42 30 30 False alarm or false call, other Non-Emergency -0:09:40 04/02/2024 17:06:01 30 30 Smoke scare, odor of smoke Emergency -0:06:53 04/03/2024 10:26:01 32 30 Dispatched and cancelled en
route
Emergency
04/03/2024 16:06:30 31 30 Motor vehicle accident with
injuries
Emergency -0:06:29
04/03/2024 12:38:47 30 30 Dispatched and cancelled en
route
Emergency
04/03/2024 13:40:15 30 30 Cooking fire, confined to
container
Emergency -0:01:30
04/04/2024 11:06:56 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:00:57
04/04/2024 12:35:07 30 30 Dispatched and cancelled en
route
Emergency
04/04/2024 21:09:30 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:03:35
04/05/2024 02:12:59 30 30 EMS call, excluding vehicle
accident with injury
Non-Emergency -0:10:57
04/05/2024 15:13:14 30 30 Motor vehicle accident with no injuries.
Emergency -0:05:38
04/06/2024 19:02:33 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:03:33
04/07/2024 00:25:51 30 30 False alarm or false call, other Non-Emergency -0:19:01 04/08/2024 14:53:02 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:07:02
04/08/2024 15:12:33 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:02:30
04/08/2024 19:44:47 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:04:53
04/09/2024 15:49:22 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:04:34
04/10/2024 10:10:24 32 30 Dispatched and cancelled en
route
Emergency
04/10/2024 07:46:30 30 30 EMS call, excluding vehicle
accident with injury
Non-Emergency -0:10:34
04/10/2024 21:22:43 31 30 Smoke detector activation due to malfunction
Emergency -0:08:41
04/10/2024 21:19:11 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:05:05
04/11/2024 01:02:11 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:12:32
04/11/2024 03:25:55 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:08:44
04/11/2024 17:56:09 30 30 Dispatched and cancelled en
route
Emergency
04/11/2024 14:01:22 30 30 EMS call, excluding vehicle Emergency -0:03:28 1 of 7 Printed On: 07/01/2024 01:09:34 PM
70 Basic Incident Alarm Date
Time (FD1.26)
Incident Primary
Station (FD1.4)
Incident
District/Zone
Fire Incident Type Response Mode To Scene Response
Time
accident with injury
04/11/2024 17:16:08 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:02:36
04/12/2024 01:05:10 30 30 EMS call, excluding vehicle
accident with injury
Emergency, Downgraded to
Non-Emergency
-0:10:22
04/12/2024 08:33:25 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:06:43
04/12/2024 10:06:50 30 30 False alarm or false call, other Non-Emergency -0:11:41 04/13/2024 22:27:47 30 30 Public service assistance, other Non-Emergency -0:06:33 04/13/2024 23:10:47 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:03:33
04/14/2024 21:59:27 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:04:51
04/15/2024 05:19:01 30 30 Fire, other Emergency -0:08:52 04/16/2024 00:53:20 30 30 Dispatched and cancelled en
route
Emergency, Downgraded to
Non-Emergency
04/16/2024 08:45:32 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:04:00
04/19/2024 17:50:41 30 30 No incident found on arrival at dispatch address
Non-Emergency -0:11:28
04/20/2024 01:55:31 30 30 Person in distress, other Non-Emergency -0:10:08 04/20/2024 05:25:16 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:07:16
04/20/2024 09:30:23 30 30 Public service assistance, other Non-Emergency -0:07:29 04/20/2024 15:24:38 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:03:27
04/20/2024 15:54:04 30 30 EMS call, excluding vehicle
accident with injury
Emergency, Downgraded to
Non-Emergency
-0:05:52
04/20/2024 18:22:48 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:05:16
04/21/2024 11:26:06 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:08:01
04/21/2024 23:10:22 30 30 EMS call, excluding vehicle
accident with injury
Non-Emergency -0:07:08
04/22/2024 09:27:28 30 30 Removal of victim(s) from stalled elevator
Non-Emergency -0:09:46
04/22/2024 16:21:38 30 30 Assist invalid Non-Emergency -0:06:38 04/23/2024 08:25:41 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:06:45
04/23/2024 17:36:09 30 30 Dispatched and cancelled en
route
Emergency
04/24/2024 02:15:31 30 30 Assist invalid Non-Emergency -0:09:43 04/24/2024 11:58:25 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:06:01
04/25/2024 04:33:09 30 30 EMS call, excluding vehicle
accident with injury
Emergency, Downgraded to
Non-Emergency
-0:05:37
04/25/2024 08:28:35 30 30 Dispatched and cancelled en
route
Emergency
04/25/2024 15:45:18 30 30 Dispatched and cancelled en
route
Emergency -0:10:04
04/26/2024 00:50:40 30 30 Person in distress, other Non-Emergency -0:12:55 04/26/2024 20:05:14 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:03:09
04/26/2024 15:34:12 30 30 Public service assistance, other Non-Emergency -0:09:28 04/26/2024 12:39:29 30 30 Smoke scare, odor of smoke Emergency -0:14:58 04/26/2024 08:56:36 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:02:21
04/27/2024 09:13:00 30 30 Dispatched and cancelled en
route
Non-Emergency
04/28/2024 01:24:13 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:16:26
04/28/2024 05:31:31 30 30 Smoke detector activation due to Emergency -0:11:20 2 of 7 Printed On: 07/01/2024 01:09:34 PM
71 Basic Incident Alarm Date
Time (FD1.26)
Incident Primary
Station (FD1.4)
Incident
District/Zone
Fire Incident Type Response Mode To Scene Response
Time
malfunction
04/28/2024 14:37:00 38 30 EMS call, excluding vehicle
accident with injury
Emergency -0:03:38
04/28/2024 15:50:33 38 30 Smoke detector activation, no fire - unintentional
Emergency -0:05:38
04/28/2024 16:35:20 30 30 Smoke or odor removal Emergency -0:01:31 04/29/2024 03:51:39 30 30 EMS call, excluding vehicle
accident with injury
Non-Emergency -0:06:41
04/29/2024 08:22:57 31 30 Assist invalid Non-Emergency -0:18:39 04/29/2024 11:35:00 32 30 EMS call, excluding vehicle
accident with injury
Emergency -0:08:48
04/30/2024 11:10:40 30 30 Person in distress, other Non-Emergency 0:00:00 04/30/2024 14:56:06 30 30 Electrical wiring/equipment
problem, other
Emergency -0:04:59
05/01/2024 12:49:28 30 30 Dispatched and cancelled en
route
Non-Emergency
05/01/2024 10:40:00 30 30 EMS call, excluding vehicle
accident with injury
Emergency, Downgraded to
Non-Emergency
-0:09:27
05/01/2024 20:23:43 32 30 EMS call, excluding vehicle
accident with injury
Emergency -0:11:10
05/01/2024 20:37:30 32 30 EMS call, excluding vehicle
accident with injury
Non-Emergency -0:09:24
05/02/2024 13:52:50 30 30 Dispatched and cancelled en
route
Emergency
05/03/2024 08:25:35 30 30 EMS call, excluding vehicle
accident with injury
Non-Emergency -0:06:12
05/03/2024 15:59:41 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:05:53
05/03/2024 16:47:38 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:04:22
05/03/2024 21:23:01 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:06:09
05/03/2024 23:40:22 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:04:36
05/04/2024 05:31:47 30 30 Dispatched and cancelled en
route
Emergency, Downgraded to
Non-Emergency
-0:07:21
05/04/2024 07:22:16 30 30 EMS call, excluding vehicle
accident with injury
Non-Emergency -0:07:40
05/05/2024 07:08:54 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:07:08
05/05/2024 07:23:16 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:08:44
05/06/2024 15:55:50 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:03:58
05/07/2024 02:12:28 30 30 Dispatched and cancelled en
route
Emergency, Downgraded to
Non-Emergency
05/07/2024 19:28:34 30 30 Smoke detector activation due to malfunction
Emergency -0:05:36
05/08/2024 11:44:02 30 30 Hazardous condition, other Emergency -0:04:57 05/08/2024 18:15:31 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:06:32
05/09/2024 13:02:19 30 30 Public service assistance, other Non-Emergency -0:10:13 05/09/2024 17:40:14 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:04:47
05/10/2024 11:40:26 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:13:59
05/10/2024 20:11:00 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:06:05
05/11/2024 04:45:43 30 30 Public service Non-Emergency -0:07:59 05/11/2024 09:43:17 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:07:58
05/11/2024 09:49:34 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:05:22
3 of 7 Printed On: 07/01/2024 01:09:34 PM
72 Basic Incident Alarm Date
Time (FD1.26)
Incident Primary
Station (FD1.4)
Incident
District/Zone
Fire Incident Type Response Mode To Scene Response
Time
05/11/2024 17:45:06 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:03:12
05/11/2024 19:49:36 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:04:14
05/12/2024 05:09:01 30 30 Public service assistance, other Non-Emergency -0:08:08 05/12/2024 14:08:30 30 30 Public service assistance, other Non-Emergency -0:08:08 05/12/2024 15:10:03 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:06:16
05/12/2024 16:27:36 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:07:12
05/12/2024 18:21:05 30 30 Smoke detector activation due to malfunction
Non-Emergency -0:06:08
05/13/2024 18:35:53 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:05:49
05/14/2024 12:06:53 30 30 Grass fire Emergency -0:13:17 05/15/2024 06:11:28 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:08:25
05/15/2024 15:02:32 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:05:02
05/16/2024 20:02:36 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:07:40
05/17/2024 08:34:43 30 30 False alarm or false call, other Emergency -0:02:49 05/17/2024 22:54:22 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:08:17
05/18/2024 07:48:03 30 30 Assist invalid Non-Emergency -0:05:45 05/18/2024 11:15:48 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:06:04
05/20/2024 17:33:27 30 30 Arcing, shorted electrical
equipment
Emergency -0:08:18
05/21/2024 03:57:47 30 30 Public service assistance, other Non-Emergency -0:10:39 05/21/2024 13:49:08 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:03:16
05/24/2024 11:14:39 30 30 Public service assistance, other Non-Emergency -0:06:18 05/24/2024 20:34:42 30 30 Animal problem Non-Emergency -0:00:51 05/25/2024 15:26:34 30 30 Public service assistance, other Non-Emergency -0:00:38 05/26/2024 19:35:17 30 30 False alarm or false call, other Emergency -0:13:00 05/27/2024 01:19:32 30 30 Assist invalid Non-Emergency -0:08:22 05/27/2024 05:59:56 30 30 Dumpster or other outside trash receptacle fire
Emergency -0:04:59
05/27/2024 06:18:56 30 30 Assist invalid Non-Emergency -0:07:57 05/27/2024 19:49:02 30 30 Service call, other Non-Emergency -0:05:44 05/28/2024 21:47:28 30 30 Assist invalid Non-Emergency -0:05:32 05/30/2024 10:03:52 30 30 Medical assist, assist EMS crew Non-Emergency -0:09:29 05/30/2024 12:30:14 30 30 Dispatched and cancelled en
route
Non-Emergency
05/30/2024 14:31:34 30 30 Medical assist, assist EMS crew Non-Emergency -0:04:07 05/30/2024 17:31:51 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:03:14
06/01/2024 14:02:28 30 30 False alarm or false call, other Emergency -0:13:19 06/01/2024 15:19:16 30 30 Dispatched and cancelled en
route
Non-Emergency
06/01/2024 17:46:27 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:05:21
06/01/2024 18:15:54 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:03:11
06/01/2024 19:45:10 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:05:27
06/02/2024 11:31:58 30 30 Dispatched and cancelled en
route
Emergency
06/02/2024 20:04:48 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:07:42
4 of 7 Printed On: 07/01/2024 01:09:34 PM
73 Basic Incident Alarm Date
Time (FD1.26)
Incident Primary
Station (FD1.4)
Incident
District/Zone
Fire Incident Type Response Mode To Scene Response
Time
06/02/2024 10:31:26 30 30 Dispatched and cancelled en
route
Emergency
06/03/2024 12:05:05 30 30 Passenger vehicle fire Emergency -0:13:00 06/03/2024 10:14:13 30 30 Alarm system sounded due to
malfunction
Emergency -0:04:35
06/03/2024 09:51:09 30 30 Alarm system sounded due to
malfunction
Emergency -0:05:18
06/04/2024 07:49:01 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:07:25
06/05/2024 16:34:26 30 30 Dispatched and cancelled en
route
Emergency -0:08:38
06/05/2024 14:24:46 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:13:03
06/05/2024 21:36:20 30 30 No incident found on arrival at dispatch address
Emergency -0:07:40
06/06/2024 10:30:41 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:08:33
06/06/2024 21:55:31 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:05:16
06/08/2024 10:32:20 30 30 False alarm or false call, other Emergency -0:08:18 06/09/2024 00:14:22 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:04:57
06/09/2024 16:14:58 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:03:39
06/09/2024 21:14:07 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:08:35
06/10/2024 09:10:38 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:04:26
06/10/2024 15:57:13 30 30 Assist invalid Non-Emergency -0:06:57 06/10/2024 17:29:45 30 30 Dispatched and cancelled en
route
Emergency, Downgraded to
Non-Emergency
06/11/2024 16:24:05 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:02:34
06/12/2024 02:39:19 30 30 Alarm system sounded due to
malfunction
Emergency -0:10:18
06/12/2024 05:53:19 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:08:31
06/12/2024 10:55:43 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:02:32
06/12/2024 13:44:18 30 30 Motor vehicle accident with
injuries
Emergency -0:06:22
06/12/2024 21:16:17 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:04:44
06/12/2024 21:14:14 30 30 EMS call, excluding vehicle
accident with injury
Non-Emergency -0:20:08
06/12/2024 22:42:50 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:06:09
06/12/2024 23:38:26 30 30 Assist invalid Emergency -0:04:15 06/13/2024 03:48:12 30 30 Public service assistance, other Non-Emergency -0:09:04 06/13/2024 06:28:10 30 30 Public service assistance, other Non-Emergency -0:18:24 06/13/2024 22:09:34 30 30 Dispatched and cancelled en
route
Emergency
06/13/2024 09:54:39 30 30 Motor vehicle/pedestrian accident (MV Ped)
Emergency -0:01:09
06/13/2024 18:27:25 30 30 Smoke detector activation due to malfunction
Emergency -0:05:16
06/14/2024 14:41:45 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:03:47
06/14/2024 14:14:25 30 30 EMS call, excluding vehicle
accident with injury
Non-Emergency -0:06:29
06/14/2024 20:47:22 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:10:01
06/15/2024 09:44:17 30 30 EMS call, excluding vehicle Emergency -0:05:07 5 of 7 Printed On: 07/01/2024 01:09:34 PM
74 Basic Incident Alarm Date
Time (FD1.26)
Incident Primary
Station (FD1.4)
Incident
District/Zone
Fire Incident Type Response Mode To Scene Response
Time
accident with injury
06/15/2024 11:11:36 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:03:22
06/15/2024 15:01:41 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:03:22
06/15/2024 11:48:03 30 30 Dispatched and cancelled en
route
Emergency
06/15/2024 18:42:16 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:04:30
06/15/2024 20:28:02 30 30 Dispatched and cancelled en
route
Emergency
06/16/2024 05:40:12 30 30 Municipal alarm system, malicious false alarm
Emergency -0:06:17
06/16/2024 15:13:03 30 30 Dispatched and cancelled en
route
Emergency -0:02:19
06/17/2024 00:50:47 30 30 EMS call, excluding vehicle
accident with injury
Emergency, Downgraded to
Non-Emergency
-0:05:56
06/18/2024 09:00:54 30 30 Dispatched and cancelled en
route
Emergency
06/18/2024 09:46:23 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:05:39
06/18/2024 23:41:15 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:05:27
06/19/2024 14:04:41 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:04:24
06/19/2024 19:28:21 32 30 Outside equipment fire Emergency -0:07:18 06/19/2024 05:47:17 30 30 Alarm system sounded due to
malfunction
Emergency -0:12:14
06/19/2024 03:59:57 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:09:54
06/20/2024 09:43:27 30 30 Smoke or odor removal Non-Emergency -0:03:05 06/20/2024 18:33:48 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:01:03
06/21/2024 02:23:53 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:04:49
06/21/2024 20:31:00 30 30 Assist invalid Non-Emergency -0:05:28 06/21/2024 21:39:32 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:04:17
06/22/2024 10:35:15 30 30 Motor vehicle accident with no injuries.
Emergency -0:01:17
06/22/2024 12:54:35 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:05:10
06/22/2024 18:01:27 30 30 False alarm or false call, other Emergency -0:02:06 06/22/2024 18:48:36 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:06:21
06/22/2024 19:52:43 30 30 Dispatched and cancelled en
route
Emergency
06/23/2024 15:43:44 26 30 EMS call, excluding vehicle
accident with injury
Non-Emergency, Upgraded to
Emergency
-0:16:57
06/25/2024 14:29:09 30 30 EMS call, excluding vehicle
accident with injury
Emergency, Downgraded to
Non-Emergency
-0:13:53
06/25/2024 16:59:02 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:03:25
06/25/2024 18:46:25 30 30 False alarm or false call, other Emergency -0:06:39 06/25/2024 20:10:40 30 30 Smoke or odor removal Non-Emergency -0:06:57 06/25/2024 22:53:43 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:05:44
06/27/2024 15:16:40 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:05:03
06/28/2024 16:06:40 30 30 Dispatched and cancelled en
route
Emergency
06/30/2024 12:08:21 30 30 EMS call, excluding vehicle
accident with injury
Emergency -0:18:57
6 of 7 Printed On: 07/01/2024 01:09:34 PM
75 Incident District/Zone:
Basic Incident Date Original (Fd1.3):
Report Criteria
Is In 30
Is Equal To Last Quarter
Description
Solvang - Response Time Report
7 of 7 Printed On: 07/01/2024 01:09:34 PM
76 CITY COUNCIL STAFF REPORT
Agenda Item: 6. d
Meeting Date: July 22, 2024
SUBJECT: Approve the Development Services Technician Job Description, and Approve the revised Organizational Chart
PREPARED BY: Wendy Berry, Administrative Services Director DISCUSSION:
The Planning, Building and Public Works Technician position is the Planning/Public Works Clerk position. This position will assist both the Planning and Public Works departments. This position will be under the direct supervision of Planning and Building Manager and general direction of the Director of Public Works. The position provides assistance regarding information pertaining to permitting and issuance of permits. The position also assists both departments in maintaining a high level of customer service by helping both the Public Works Director and Planning and Building Manager.
The position was approved in the 2024-2026 financial plan that was adopted June 24, 2024. The position is intended to serve as a clerical position that will provide the following support:
• Answer and direct phone calls to assist both the Planning and Public Works Departments. • Direct callers and customers to the proper person to avoid “phone tree” service, directing them to the right person to answer questions.
• Assist in permit acceptance and issuance, in order to streamline and create a one-stop “development services” experience to residents and property owners. • Allows professional staff to focus on tasks that better align with their job description that advance the goals established by the City Council.
This position will be a full-time represented position with benefits at salary range 108 Step I $24.68– Step 5 $30.90.
ALTERNATIVES:
None
FISCAL IMPACT:
No fiscal impact because this is a budgeted position.
ATTACHMENTS:
A. Job Description
B. Organizational Chart
77
Dev Serv Tech City Council Approval: Meet & Confer Approval: 07-16-24 City of Solvang
Development Services Technician
THE POSITION:
Under general supervision, performs a variety of routine to complex administrative and technical support duties related to the issuance of building and construction permits and in support of related services and activities of the Planning, Building and Public Works Department; explains ordinances, requirements, and City codes, and department procedures to building contractors, architects, engineers, developers, and the general public pertaining to land development and improvement, permit requests, and concerns. This position will be the Departments point of contact for the public at the public counter and performs other work as required.
ESSENTIAL FUNCTIONS - Include but are not limited to the following • Advises contractors, developers, engineers, architects and the public on permit process requirements and permit status.
• Reviews applications for completeness so that the plans can be reviewed for accuracy and compliance with local, state and Federal regulations and policies. • Research permit application status in response to inquiries from staff and public. • Updates permit records and files; enters data into automated system; organize and maintain electronic and physical project files.
• Circulates permit submittals to other departments and consultants for review and comments, and records responses.
• Assists the customers by providing information on various permits and maintenance performed by the Public Works Department.
• Assist in intaking requests for public works maintenance staff and providing information regarding those requests.
• Processes and issues over-the-counter permits
• Reviews submittals for completeness and routes to various departments for review. • Prepares and issues receipts, letters, statistical reports and forms, schedules inspections as needed.
• Coordinates archiving and digitizing of records to ensure both departments meet required record retention policy requirements and process public record requests. • Receives, reviews, and processes encroachment permit applications; coordinates billing invoices and collects payments; issues permits.
• Calculates fees based on established fee schedules, and monitors approval of plans by other regulatory agencies.
• Facilitates the routing of plans during plan review to various City departments, architects, and or engineers.
• Reads and identifies map and plat/tract specifications and components. • Uses architectural and engineering scales to determine dimensions and calculate areas and percentages.
• Processes and issues building, electrical, plumbing, mechanical, grading, film, and other related permits, following established guidelines.
• Monitors building permits and related projects for status changes, including expiration, completeness, and/or additional requirements and notifies applicants as needed. • Responsible for preparing quarterly reports to the State relating to collected fees and permits issued.
• Processes Business License Certificates
78
Dev Serv Tech City Council Approval: Meet & Confer Approval: 07-16-24 QUALIFICATIONS:
Knowledge of:
• Organization, procedures, and operating details of the Planning and Building and Public Works Departments.
• Applicable Federal, State, and local laws, regulatory codes, ordinances, and procedures relevant to building, land use, and/or urban planning, sufficient to answer questions and provide information to the public.
• Applicable building and zoning codes and related laws and regulations, policies and procedures.
Ability to:
• Understand and explain City policies, procedures, fees, and basic planning and building codes and regulations to the general public, permit applicants, and City staff. • Analyze, interpret, and explain applicable Federal, State, and local policies, procedures, laws, regulations, codes, and departmental policies.
• Read and interpret plans, specifications, related construction documents, and maps. • Calculate square footage, fees and/or penalties from plans, and fees for zoning permit applications.
• Perform detailed, technical, and specialized planning and zoning and/or permit support work. • Perform the full range of office and administrative support duties and tasks. • Respond to and effectively prioritize multiple phone calls, walk-up traffic, and other requests and interruptions.
• Compose correspondence and reports independently or from brief instructions. • Maintain accurate logs, records, and basic written records of work performed. • Enter and retrieve data from a computer with sufficient speed and accuracy to perform assigned work.
• Make accurate arithmetic, financial, and statistical computations. • Operate modern office equipment including computer and related word processing, database, and spreadsheet software and applications.
• Make sound, independent decisions within established policy and procedural guidelines. • Organize own work, set priorities, and meet critical time deadlines. • Use English effectively to communicate in person, over the telephone, and in writing. • Use tact, initiative, prudence, and independent judgment within general policy, procedural, and legal guidelines.
• Establish, maintain, and foster positive and harmonious working relationships with those contacted in the course of work.
• Provide assistance in contract administration and coordination concerning construction contracts, annual service contracts, and purchase contracts.
EXPERIENCE GUIDELINES:
Any combination of experience and training that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:
Education and Experience:
Equivalent to the completion of the twelfth (12th) grade supplemented by two (2) years of college level coursework in construction management, engineering, architecture, planning, or a related field and/or three (3) years of specialized building/construction support responsibilities processing building plans and applications for building permits. Computerized permit processing experience is highly desirable.
License, Certificate and/or Other Requirements:
• A valid Class C California driver's license and the ability to maintain insurability under the City's Vehicle Insurance Policy.
79
Dev Serv Tech City Council Approval: Meet & Confer Approval: 07-16-24 • Ability to obtain an International Code Council (ICC) Permit Technician certificate within twelve (12) months of employment or date of entry into the position.
ADDITIONAL INFORMATION:
PHYSICAL AND MENTAL DEMANDS:
The physical and mental demands described here are representative of those that must be met by employees to successfully perform the essential functions of this class. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.
Physical Demands:
Must possess mobility to work in a standard office setting and use standard office equipment, including a computer; vision to read printed materials and a computer screen; and hearing and speech to communicate in person and over the telephone. Standing in and walking between work areas is frequently required. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator and to operate standard office equipment. Positions in this classification occasionally bend, stoop, kneel, reach, push, and pull drawers open and closed to retrieve and file information. Employees must possess the ability to lift, carry, push, and pull materials and objects weighing up to 25 pounds.
Mental Demands:
While performing the duties of this class, the employee is regularly required to use oral and written communication skills; read and interpret complex data; thoroughly analyze and solve problems; exercise sound judgment in the absence of specific guidelines; use math and mathematical reasoning; establish priorities and work on multiple assignments and projects concurrently; meet intense and changing deadlines given continual interruptions; and interact appropriately with staff, management, City officials, and others in the course of work.
WORK ENVIRONMENT:
The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this position. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Employees work in an office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures.
DISASTER SERVICE WORKER:
All City of Solvang employees are designated Disaster Service Workers through state and local law (California Government Code Section 3100-3109). Employment with the City requires the affirmation of a loyalty oath to this effect. Employees are required to complete all Disaster Service Worker-related training as assigned, and to return to work as ordered in the event of an emergency.
This is to acknowledge that I have received a copy of this job description and understand its contents. ______________________________________ ____________________________ Employee Signature Date
80 City of Solvang - FY 2024-2025 Organizational Chart
RESIDENTS OF CITY OF SOLVANG
CITY COUNCIL
CITY ATTORNEY CITY MANAGER
ADMINISTRATION
CITY CLERK
MANAGEMENT ANALYST
ACCOUNTING
SUPERVISOR
OFFICE
ASSISTANT
RECREATION
COORDINATOR ENGINEER
TECH
PLANNING
MANAGER
PUBLIC WORKS UTILITIES
MAINTENANCE
SUPERVISOR
LEAD
MAINTENANCE
MAINTENANCE
WORKER I
MAINTENANCE
WORKER II
MAINTENANCE
WORKER II
MAINTENANCE
WORKER I/II
ACCOUNTING
ASSISTANT
UTILITY BILLING CLERK
UTILITIES
DIRECTOR
HUMAN RESOURCE
SPECIALIST
PUBLIC WORKS
DIRECTOR
ASSISTANT
PLANNER
WATER
SUPERVISOR
WASTEWATER
SUPERVISOR
LEAD WATER
OPERATOR
LEAD WW
OPERATOR
WATER
OPERATOR II
WATER
OPERATOR I
WW
OPERATOR III
WW
OPERATOR II
WW
OPERATOR I
COLLECTION
SYSTEM
INFORMATION
TECHNOLOGY
(Contract)
BUILDING
(Contract)
SB COUNTY LAW
ENFORCEMENT & FIRE (Contract)
MARKETING
(Contract)
VISITOR CENTER
(Contract)
RECREATION
CLERK
Organization Chart Key:
- Elected by Residents of Solvang
- Appointed by City Council
- Contracts managed by City Staff
- City Department
- Department Heads
Managerial Positions
Supervisory Positions
CODE
ENFORCEMENT
JANITORIAL
(Contract)
STORMWATER
(Contract)
ADMINISTRATIVE
SERVICES DIRECTOR
MARKETING AND
EVENTS
COORDINATOR
WATER
OPERATOR I
PARKS &
RECREATION
PARKS
MAINTENANCE
WORKER I/II
PARKS
MAINTENANCE
WORKER I/II
REC SPECIAL
EVENTS
SPECIAL ADVISOR
PARKS
MAINTENANCE
WORKER I/II
DEVELOPMENTS
ERVICES TECH
81 CITY COUNCIL STAFF REPORT
AGENDA ITEM 8.a
Meeting Date: July 22, 2024
SUBJECT: Discussion and Possible Action to Approve Residential Water Disconnection Policy to Conform with Regulatory Requirements and Make Other Conforming Edits and Authorize Staff to Make any Necessary Conforming Edits to Finalize the Residential Water Disconnection Policy PREPARED BY: Wendy Berry, Administrative Services Director Chelsea O’Sullivan, City Attorney
DISCUSSION:
On June 10, 2024, the City Council adopted Ordinance No. 24-0375, to be effective on July 10, 2024.
The Ordinance specifies that the City Council will adopt a Residential Water Disconnection Policy in accordance with Health and Safety Code Sections 116900 et seq. and Public Utility Code Sections 10010 and 10010.1. Staff is bringing the Residential Water Disconnection Policy pursuant to this authority. The Residential Water Disconnection Policy only applies to residential customers.
The Residential Water Disconnection Policy would result in the following:
• The City may, after proper notice, discontinue residential water service for nonpayment if a required customer payment has been delinquent for at least sixty (60) days. • A customer may appeal the delinquent fees giving rise to the discontinuation notice to the City Manager. The City Manager may adjust or rescind a delinquent rate/charge/fee that was charged in error, was due to a leak, or a malfunctioning meter. The City Manger’s determination is appealable to City Council.
• A customer may request payment deferral, reduction, or to enter into a payment plan that will result in the delinquent amount being repaid in twelve (12) months or less. • Water service will not be discontinued for nonpayment during any appeal of the City’s decision to discontinue service, during the pendency of an investigation by the City, when the customer is in compliance with an alternative payment schedule, or when the customer qualifies for a Need-Based Exemption.
• For buildings with a landlord-tenant relationship, the City will make a good faith effort to inform residential occupants in writing of the delinquent account and that service will be discontinued. • Upon discontinuation, the City will provide customers information regarding the procedures for restoring service.
Staff recommends the Council adopt the Residential Water Disconnection Policy and authorize staff to make any necessary conforming edits to finalize the Residential Water Disconnection Policy.
ALTERNATIVES:
Provide additional direction to staff on modifications to the Residential Water Disconnection Policy.
FISCAL IMPACT:
Adoption of the Residential Water Disconnection Policy may result in minor costs of implementation, but such costs are expected to be within existing budgetary limits.
ATTACHMENTS:
A. Residential Water Disconnection Policy
82 Discontinuation of
Residential Water
Service Policy
Section: City Council
Adopted: July 22, 2024
CA Reviewed
Last Amended:
Pursuant to Solvang Municipal Code Section 9-3C-5, this is the City’s policy on disconnection of residential water service that is in compliance with and implements the Water Shutoff Protection Act (Health and Safety Code Section 116902 et seq) and Public Utilities Code Sections 10010 and 10010.1 Before discontinuing the water service of any residential customer on account of nonpayment of dulyowed water rates, charges, fees, or penalties, the City of Solvang (“City”) will comply with the procedures and requirements of this Policy. This Policy is only applicable to the discontinuance of residential customer accounts based on nonpayment and does not preclude the City from discontinuing service for other unauthorized customer actions.
1. Contact Information. A residential customer may call the following phone number during normal business hours to discuss available options to avoid a service discontinuation: 805-688-5575, x202.
2. Account Delinquency. As provided in the City Code, a water/sewer bill is due and payable upon presentation to the customer. Account balances not collected in full by the 25th day of the month following the month service is rendered may result in discontinuation of service pursuant to this policy and Solvang Municipal Code Section 9-3C-4.
3. Delinquency Period Causing Discontinuation. Subject to the other provisions of this policy, residential water service may be discontinued for nonpayment if a required customer payment has been delinquent for at least sixty (60) days. Water service will not be discontinued on any Saturday, Sunday, legal holiday, or at any time during which the business offices of the City are not open to the public.
4. Procedure for Discontinuing Service for Nonpayment.
a. At least ten (10) business days before discontinuing the customer’s service for nonpayment, and not more than nineteen (19) days from the date the utility bill is mailed, the City will contact the customer by written notice to warn of the impending service discontinuation, make available and explain the terms of this Policy, discuss options to avoid the service discontinuation, and provide other information required by law. The ten (10) day period shall not commence until five (5) days after the mailing of the written notice.
i. The City will make available to its residential customers who are 65 years of age or older, or who are dependent adults as defined in Section 15610.23 of the Welfare & Institutions Code, a third-party notification service, whereby the City will attempt to notify a person designated by the customer to receive notification when the customer’s account is past due and subject to termination. The notification shall include information on what is required to prevent termination of service. The residential customer must make a request for third-party notification on a form provided by the City and must include the written consent of the designated third party. The third-party notification does not obligate the third party to pay the overdue charges, nor shall it prevent or delay termination of service.
83 b. When the City contacts the customer by written notice, the written notice will be mailed to the customer of the residence to which the residential service is provided. If the customer’s address is not the address of the property to which residential service is provided, the notice will also be sent to the address of the property to which residential service is provided, addressed to “Occupant.” The written notice will contain the following information:
i. The customer’s name and address;
ii. The delinquent amount;
iii. The date by which payment or arrangement for payment is required in order to avoid service discontinuation;
iv. The process to apply for an extension of time to pay the delinquent rates, charges, or fees;
v. The procedure to petition for bill review and appeal; and vi. The procedure by which the customer may request a deferred, reduced, or alternative payment schedule, including an amortization of the delinquent residential service charges consistent with this Policy. c. The City shall also make a reasonable attempt to contact the customer by telephone at least twenty-four (24) hours prior to any termination of service. When the City contacts the customer by phone, it will offer to provide this Policy in writing. The City will offer to discuss options to avert discontinuation of residential service for nonpayment, including alternative payment schedules, deferred payments, minimum payments, procedures for requesting amortization of the unpaid balance, and petition for bill review and appeal. d. If the City is unable to make contact with the customer or an adult occupying the residence by telephone, and the written notice is returned as undeliverable, the City will place in a conspicuous place at the premises a notice of discontinuation of service and this Policy at least forty-eight (48) hours before discontinuation.
5. Bill Review and Appeal. Any customer in receipt of a notice of impending service discontinuation may appeal the delinquent rates, charges, fees, or penalties giving rise to the discontinuation notice, unless an appeal of the same rates, charges, or fees has previously been received and resolved. The appeal form is available on the City’s website [link] or upon request at [city department/address]. The customer shall file the appeal within five (5) business days of receiving the notice of delinquency by delivering a written notice of appeal that explains the basis for the appeal, including an explanation of any alleged errors in the City’s billing practices, the date of the appealed bill, and the amount of the bill that is being appealed. The appeal will be reviewed, heard, and resolved in accordance with the following procedure:
a. The City Manager, or the City Manager’s designee, will review the appeal form, all materials submitted in support of the appeal, and any other relevant information and will issue a decision regarding the appeal within ten (10) business days from the date of receipt of the appeal.
b. The City Manager, or the City Manager’s designee, may grant the appeal and adjust or rescind the delinquent rate, charge, or fee when the City Manager, or the City Manager’s designee, determines, based on the available information and materials submitted in support of the appeal, that one or more of the following circumstances has occurred:
i. The rate, charge, fee, or penalty was erroneously calculated and therefore imposed in error.
84 ii. A leak occurring on the customer’s side of the water service connection caused a significant increase in water consumption over the customer’s “regular usage” and the leak has been remedied.
1. The customer’s “regular usage” as that term is used herein will be determined by review of the customer’s water bills for the same time period as the appealed bill for the previous five years, or, if the customer does not have a five-year history, by review of water bills for the same time period of an account with equivalent water services and similar billings that has a five-year history.
2. The bill for the billing period during which the City Manager, or the City Manager’s designee, determines there is a leak shall be adjusted to reflect the lowest applicable consumption charge as determined by the City Manager or City Manager’s designee.
3. An adjustment for a leak will only be processed if the adjustment is greater than one hundred dollars.
4. Within fifteen (15) days of approval of a leak adjustment the customer must sign an acknowledgement of the leak adjustment, provide an invoice and proof of payment demonstrating the leak repair was completed, and pay the adjusted bill. If the customer fails to do so, the leak adjustment will be denied and the customer will be responsible for paying the original water bill in full plus any additional fees and charges assessed through the date of payment.
iii. The City Manager, or City Manager’s designee, finds the meter serving the premises was malfunctioning and over-registering by more than five percent. The bill for the billing period during which the City Manager, or City Manager’s designee, determines there is malfunctioning meter shall be adjusted to reflect the average normal usage for that period and to remove any charges attributable to the difference between normal use and the incorrect reading.
c. The City Manager, or City Manager’s designee, will mail the decision to the appellant. d. The customer may appeal an adverse determination by the City Manager, or City Manager’s designee, to the City Council by filing an appeal within ten (10) business days of the date of the decision by the City Manager, or City Manager’s designee. The City Council shall evaluate the appeal under the above criteria or may provide relief pursuant to Solvang Municipal Code Section 9-3A-5.C based on special circumstances.
6. Deferred or Reduced Payments and Alternative Payment Schedules. The City allows customers to defer, reduce, or enter into an amortization or alternative payment schedule for delinquent rates, charges, fees, or penalties, in accordance with the terms of this Section. a. Reductions in delinquent rates, charges, fees, or penalties may be granted only for the reasons listed in Section 5(b) of this Policy.
b. Late fees and penalties may be waived once per calendar year. c. Delinquent rates, charges, or fees may be deferred or amortized using an alternative payment schedule that complies with the following:
i. Requests for deferral, amortization, or alternative payment schedules must be made in writing and received by the City no less than two (2) business days 85 before the discontinuation date stated in the notice required by Section 4 of this Policy.
ii. Any payment plan will result in repayment of the delinquent amount within twelve (12) months. Any period of payment deferral shall be no longer than two (2) months and any period of amortization shall be no longer than twelve (12) months, including any deferral period.
iii. If the customer breaches the agreed-upon plan or does not pay his or her current residential service charges, the City may discontinue service no sooner than seven (7) business days after the City posts a final notice of intent to discontinue service in a prominent and conspicuous location at the customer’s property.
Water service for customers with a Needs-Based Exemption who fail to comply with a payment plan shall be discontinued pursuant to Section 8.c. iv. No more than one amortization, deferral, or alternative payment schedule is allowed every twelve (12) months, unless the customer otherwise meets the requirements of Section 7(e) of this policy.
7. Prohibitions on Discontinuation. Water service will not be discontinued for nonpayment under any of the following situations:
a. During any appeal of the City’s decision to discontinue service. b. During the pendency of an investigation by the City of a customer dispute or complaint. c. During any period where the customer is in compliance with a duly authorized alternative payment schedule or a plan for deferred or reduced payment in accordance with Section 6 of this Policy.
d. In situations where a public health or building officer certifies that discontinuation of water service for a multiunit residential structure, mobilehome park, or permanent residential structures in a labor camp, as defined in Section 170009 of the Health and Safety Code, would result in a significant threat to the health or safety of the residential occupants or the public.
e. In situations where the customer satisfies all of the following three conditions, as declared in a form provided by the City (the “Need-Based Exemption”):
i. The customer, or the customer’s tenant, submits a certification of a primary care provider that discontinuation of water service will be life threatening to, or pose a serious threat to the health and safety of, a resident of the premises serviced by the delinquent account;
ii. The customer demonstrates that he or she is financially unable to pay for residential water service within the normal billing cycle by declaring in writing that one of the following circumstances applies: a member of the customer’s household is a current recipient of CalWORKs, CalFresh, general assistance, Medi-Cal, Supplemental Security Income/State Supplementary Payment Program, or California Special Supplemental Nutrition Program for Women, Infants, and Children, or the customer declares that his or her household’s annual income is less than 200 percent of the federal poverty level. If one or more of these circumstances is demonstrated, then the customer is considered a “Low-Income Customer”; and
86 iii. The customer is willing to enter into an amortization agreement, alternative payment schedule, or a plan for deferred or reduced payment for all delinquent charges in accordance with Section 6 of this Policy.
8. Special Considerations for Need-Based Exemptions.
a. For a customer that qualifies for the Need-Based Exemption, the City may provide one or more of the following options for repayment of the delinquent rate, charge, or fee: (i) amortization of the unpaid balance; (ii) participation in an alternative payment schedule; or (iii) temporary deferral of payment for no longer than two (2) months. The City may consider the customer’s preferred payment option, but the determination of the payment option shall be in the sole discretion of the City.
b. The terms of the payment option will be in accordance with Section 6 of this Policy and are expected to result in repayment within twelve (12) months, (including any deferral period) unless additional time is required and granted by the City Manager to avoid undue hardship.
c. If the customer with a Needs-Based Exemption fails to comply with the terms of the payment option for sixty (60) days or more or does not pay his or her current residential service charges for sixty (60) days or more while under one of the above payment options, the City may discontinue service no sooner than seven (7) business days after the City posts a final notice of intent to discontinue service in a prominent and conspicuous location at the customer’s property.
9. Landlord-Tenant Relationships. The provisions of this Section apply where the City furnishes service through a master meter, or furnishes individually metered residential service to residential occupants of a detached single-family dwelling, a multiunit residential structure, mobilehome park, or permanent residential structure in a labor camp as defined in California Health & Safety Code Section 17008, and the owner, manager, or operator of the dwelling, structure, or park is the customer of record. In addition to providing notice to the property owner consistent with Section 4 of this Policy, the City will implement the following measures:
a. At least ten (10) days before discontinuing service for individually metered residential service and at least fifteen (15) days before discontinuing master metered residential service, the City will make a good faith effort to inform the residential occupants in writing that the dwelling unit’s account is delinquent and that service will be terminated. b. For a multiunit residential structure, mobilehome park, or permanent residential structures in a labor camp, as defined in California Health & Safety Code Section 17008 serviced through a master meter, if it is not reasonable or practicable to post the notice on the door of each residential unit, the City will post two copies of the notice in each accessible common area and at each point of access to the structure or structures. c. The written notice will inform the occupants that they may become a customer of record and accept bills for the unit’s water service and that the occupants will not be held responsible for delinquent amounts owed by the existing customer of record. The notice will also specify what the residential occupants must do to prevent the termination of service or restore service; the estimated monthly cost of service; the title, address, and telephone number of a representative of the City who can assist the residential occupants in continuing service; and the address and telephone number of a qualified legal services project, as defined in Section 6213 of the Business & Professions Code, recommended by the local county bar association.
d. The City is not required to make service available to the residential occupants unless each residential occupant agrees to the terms and conditions of service and meets the requirements of applicable law and the City’s rules. However, if one or more of the 87 residential occupants are willing and able to assume responsibility for the subsequent charges to the account to the satisfaction of the City, or if there is a physical means legally available to the City of selectively terminating service to those residential occupants who have not met the requirements of the City’s rules, the City shall make service available to those residential occupants who have met those requirements. e. Notwithstanding the foregoing, if the dwelling unit is a detached single-family dwelling unit, then the City will: (i) give notice to the occupant of service discontinuation at least seven (7) days before the proposed discontinuation; and (ii) require the occupant to verify that the delinquent account customer was the landlord, manager, or agent of the dwelling unit. Verification may include a lease or rental agreement, rent receipts, or other government document.
10. Restoring Service. Upon discontinuation, the City will provide customers information regarding the procedures for restoring service to customers once their service is discontinued, including the payment of applicable fees pursuant to SMC Section 9-3C-5. For Low-Income Customers, the City shall impose reconnection fees for reconnection during normal operating hours and nonoperational hours as set forth in the City’s Fees Schedule, but not to exceed the actual cost of reconnection, and shall waive interest charges on delinquent bills once every twelve (12) months.
11. Reporting. The City will report the number of annual discontinuations of residential service for nonpayment on the City’s website and to the State Water Resources Control Board.
12. Language. Consistent with Health and Safety Code Section 116922, this Policy and all written notices required under this Policy will be provided in English, Spanish, Chinese, Tagalog, Vietnamese, and Korean.
The City of Solvang’s Discontinuation of Residential Water Service Policy may be obtained at the City Office located at 1644 Oak Street, Solvang, CA 93463, during normal business hours; or viewed at the City’s website: [LINK].
88 CITY COUNCIL STAFF REPORT
AGENDA ITEM 8.b
Meeting Date: July 22, 2024
SUBJECT: Discussion and possible action to Approve the request for a Letter of Public Convenience or Necessity for Tony’s Smoke Shop at 448 Alisal Road Suite B (APN 139-240-063).
PREPARED BY: Rafael Castillo, AICP, Planning Manager
DISCUSSION:
The Business and Professions Code requires the California Department of Alcoholic Beverage Control (ABC) to deny an application for a license to sell alcoholic beverages at a premises where a higher concentration of certain license types exists within a census tract, unless the local governing body determines that public convenience or necessity would be served by the issuance of a license. In 2010, the City Council established a policy that all requests for Letters of Public Convenience of Necessity (PCN) be brought before the Council as a regular agenda item. PCNs are required for the following license types: 20, 21 , 40, 42, and 48.
The applicant operates Tony’s Smoke Shop, located at 448 Alisal Road Suite B (APN 139-240-063).
The applicant wishes to expand their existing convenience store and include the sale of wine and beer, consistent with the Type 20 license issued by ABC. The applicant has provided their rationale for this request (Attachment B).
According to ABC, there are currently 11 Type 20/21 license within the City of Solvang. These license types are typically issued to convenience stores, grocery stores, and other similar retail establishments for “off-premise” alcohol consumption, i.e. beer, wine, or liquor that is consumed somewhere other than the retail seller. The City Council last approved an off-premise PCN on May 13, 2024.
ALTERNATIVES:
City Council can deny this request for a Letter of Public Convenience and Necessity. The Applicant will not be able to obtain a Type 20 ABC License
FISCAL IMPACT:
There is a potential net positive fiscal impact with additional beer and wine sales from this location.
ATTACHMENTS:
A. Map of license types within 500 feet
B. Applicant Request
89 ABC License Location Map
Proposed Type
20 License
Attachment A
90 Allow sender | Block sender
From: Tony Trad
To:
Subject: Tony’s Smokeshop letter and forms
Date: Friday, July 12, 2024 3:34:38 PM
Attachments: scan_1.pdf
scan_2.pdf
scan_3.pdf
Caution! This message was sent from outside your organization.
Tony’s Smokeshop
448 Alisal Rd. Suite B
Solvang, CA 93463
Dear City Council Members,
I am requesting your approval for an ABC Type 20 beer and wine license for my store. I am asking for this license to move away from the “Smokeshop” industry and the connotation that it brings. I see my store as so much more than a Smokeshop and this license would be a better fit for Solvang since it is a smoke free city and geared toward families. Overtime I’ve been changing my Smokeshop into more of a convenient store setting since I would like to move out of that industry.
I understand we have other convenience stores in Solvang but they are all located on the other side of town. I feel It would be a great addition to the East end of Solvang and would allow for families and hotel guests, who don’t want to walk that far, when they need essentials. My Type 20 license would be to “consume offsite” and to my knowledge most the licenses around my store are “consume on property” and those that are a type 20 close daily around 5 pm, and closed on days such Tuesday and Wednesday and also closed on all major holidays. My store is open 7 days a week till 7pm and some days later and I do not close on any holidays. It would be beneficial for hotel guests and tourist who come during their off time.
I have been living in Solvang 14 years and I am excited to be able to stay in Solvang for many more years to come. I feel like having a Type 20
License will be a better long term plan for myself and Solvang.
Thank you for taking the time to consider my License application approval and I appreciate the work you do for Solvang,
Tony Trad
91 CITY COUNCIL STAFF REPORT
AGENDA ITEM 8.c
Meeting Date: July 22, 2024
SUBJECT: Discussion and possible action to Approve Amendment No. 4 to the Agreement with Valley Garbage and Rubbish Company dba Health Sanitation Service for Exclusive Solid Waste, Recyclables and Organics Collection and Transportation to Disposal and Processing Facilities and Organic Sites to address SB 1383 requirements, update the annual rate adjustment methodology, extend the term to June 30, 2038 and make other conforming edits, and authorize the Mayor to execute on behalf of the City.
PREPARED BY: Randy Murphy, City Manager
Rodger Olds, Public Works Director, City Engineer
Chelsea O’Sullivan, City Attorney
DISCUSSION:
The City currently contracts with Health Sanitation Services (HSS) (also known locally as Waste Management) for solid waste, recyclables and organics collection and transportation to disposal and processing facilities and organic sites. The current contract with HSS, which provides for an exclusive franchise, was executed in March of 2004 and has been extended/amended three times in 2010, 2014, and 2018 (the “Agreement”). The current term of the Agreement continues until June 30, 2028. An exclusive franchise agreement allows an operator to be the sole provider of service within a jurisdiction in exchange for a franchise fee paid to the jurisdiction. The franchise fee under the Agreement is 4% of the Collectors Gross Receipts, which in Fiscal Year 2022/2023 resulted in $111,000.00 in fees paid to the City.
Background. The effort to pursue a 4th Amendment to the Agreement was initiated by the enactment of SB 1383 and its implementing regulations. SB 1383 was signed into law in 2016 and its purpose is to reduce organic waste disposal by 75% and increase edible food recovery by 20% by 2025. CalRecycle released final regulations implementing SB 1383 in November 2020 (the “SB 1383 Regulations”). The SB 1383 Regulations require all generators of organic waste (residential and commercial) to participate in organic waste collection programs; haulers like HSS to meet certain requirements; and cities to adopt enforcement ordinances, follow certain recordkeeping and reporting requirements, and perform organics collection education and outreach, among other requirements. Cities are also able to delegate certain requirements to waste haulers like HSS.
The City has diligently pursued compliance with the SB 1383 Regulations on a variety of fronts. In November 2021, the City adopted an SB 1383 enforcement ordinance. In January 2022, the City applied for and was granted a low population waiver, which exempts the City from certain requirements of SB 1383, including organic waste collection, recordkeeping, container contamination minimization, and container labeling requirements. This waiver is applicable for five years. Despite the City’s waiver, there are still many provisions of SB 1383 the City is required to comply with. Further, the City needs to position itself for full SB 1383 compliance before the waiver expires in 2027.
The 4th Amendment to the Agreement is part of the City’s overall SB 1383 compliance effort.
Summary of 4th Amendment – Beginning in May of 2023, City Staff met many times with HSS to discuss a potential amendment to the Agreement to address the SB 1383 Regulations. Staff worked with HSS to identify SB 1383 regulatory requirements that required amendments to existing Agreement provisions and/or new requirements that made sense for the City to delegate to HSS for implementation as part of the services provided under the Agreement. As summarized below, HSS will assist the City in implementing new container color and labeling, contamination monitoring, organic service waiver 92 review, and SB 1383 specific public education and outreach and reporting. Staff also understands from discussions with HSS that tipping charges at regional disposal and processing facilities, such as Santa Barbara’s ReSource Center/Tajiguas Landfill have been increasing at rates that exceed the consumer price index. These two factors, SB 1383 implementation and increased tipping rates, necessitated a new methodology for annual rate adjustments, as discussed further below.
After extensive negotiations Staff and HSS determined the following amendments to the current Agreement should be included in 4th Amendment (included as Attachment A):
1. Term: The term of the Agreement will be extended to 2038.
2. Rates: Updating the annual rate adjustment methodology to allow an annual adjustment of rates based on weighted average increases in CPI and actual tipping fees. This will allow HSS to more accurately keep pace with changes in cost of providing service under the Agreement.
Under the new methodology, the rate adjustment is comprised of a Service Component and the Diversion and Disposal Component. The Service Component is increased by the positive percentage change in CPI from prior measurement period to the current measurement period0F 1 and capped at 5% in any given year. The Diversion and Disposal Component is increased by the positive percentage change in the average blended cost per ton for solid waste, recyclable and organic waste disposal/processing from the prior measurement period to the current measurement period.
The Service Component and Diversion and Disposal Component are then weighted (initially 40% to 60% respectively) to generate the final rate adjustment. HSS is required to submit documentation supporting the rate adjustment to City staff prior to implementation of an annual rate adjustment. Staff has 60 days to review and request a meet and confer on any discrepancies in the rate adjustment calculations.
3. SB 1383 Compliant Services and Obligations: Exhibit 4.01.a to the Agreement was substantially amended to require services consistent with SB 1383 and the SB 1383 Regulations. The revised Exhibit 4.01.a provides organic service to all residential customers, requires SB 1383 compliant container colors and labeling, establishes contamination minimization procedures, requires HSS’s assistance with route reviews, compliance reviews, and public education and outreach and related recordkeeping and reporting requirements.
4. Conforming Edits: Several conforming edits were made to:
a. Clarify definitions and add certain defined terms used in the new SB 1383 related provisions;
b. Clarify that a change in law can trigger a change in scope of services; c. Clarify when the City or Collector may request a rate increase due to a change in scope of services, tip fee rates, uncontrollable circumstances, or other changes in law requiring zero-emission fleets;
d. Reconcile Agreement language with existing collection services for commercial and residential service and update designated organic waste transfer facilities; and e. Clean up exhibits and remove inconsistent provisions.
Next Steps if 4th Amendment is Approved – Should the Council approve the 4th Amendment to the Agreement, HSS would then submit the documentation to process the first annual rate adjustment under the new rate methodology. We anticipate this resulting in an approximately 6.9% increase in rates for residential and commercial customers. HSS has agreed to roll out this rate adjustment in two installments in the September and November 2024 billing cycles. This rate adjustment would be 1 Current Measurement Period is defined as the 12 months ending the last day of March of the current year preceding the adjustment date and the Prior Measurement Period is defined as the 12 months ending the last day of March of the prior year.
93 effective September 1, 2024 and not retroactive to July 1, 2024. Attachment 3 to the 4th Amendment demonstrates how the rate adjustment would be implemented.
ALTERNATIVES:
Decline to approve the 4th Amendment. This action is not recommended as it would leave the City without a means to implement the SB 1383 Regulations.
FISCAL IMPACT:
The City received approximately $111,000.00 in Fiscal Year 2022/2023 in franchise fees from HSS and is expected to receive approximately the same amount in Fiscal Year 2023/2024. This amendment maintains the 4% franchise fee rate but could result in an increase in franchise fees received annually if HSS’s gross receipts increase. Residential and commercial customers will experience a rate increase in upcoming billing cycles consistent with the new annual rate adjustment methodology and, if supported by the methodology, every July 1st thereafter.
ATTACHMENTS:
A – Proposed Amendment No. 4
94 1
FOURTH AMENDMENT TO AGREEMENT BETWEEN THE CITY OF SOLVANG AND VALLEY GARBAGE AND RUBBISH COMPANY, INC., A California corporation doing business as “HEALTH SANITATION SERVICE” (contractor)
FOR EXCLUSIVE SOLID WASTE, RECYCLABLES, AND ORGANICS
COLLECTION AND TRANSPORTATION TO DISPOSAL AND PROCESSING
FACILITIES AND ORGANICS SITES
THIS FOURTH AMENDMENT TO AGREEMENT (“Fourth Amendment”) is entered into this 22 day of July, 2024 (the “Effective Date”), by and between the City of Solvang (the “City”), a political subdivision of the State of California, and Valley Garbage and Rubbish Company, Inc., a California corporation (“Collection”). City and Collector may be hereinafter referred to as the “Parties” collectively and “Party” individually.
RECITALS
WHEREAS, City and Collector entered into that certain agreement entitled “AGREEMENT
BETWEEN THE CITY OF SOLVANG AND VALLEY GARBAGE AND RUBBISH COMPANY, INC., A California corporation doing business as “HEALTH SANITATION SERVICE” (contractor)
FOR EXCLUSIVE SOLID WASTE, RECYCLABLES, AND ORGANICS COLLECTION AND
TRANSPORTATION TO DISPOSAL AND PROCESSING FACILITIES AND ORGANICS SITES,” dated March 24, 2004 (the “Agreement”);
WHEREAS, City and Collector entered into three amendments to the Agreement:
“FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF SOLVANG AND VALLEY GARBAGE AND RUBBISH COMPANY, INC., A California corporation doing business as “HEALTH SANITATION SERVICE” (contractor) FOR EXCLUSIVE SOLID
WASTE, RECYCLABLES, AND ORGANICS COLLECTION AND TRANSPORTATION TO DISPOSAL AND PROCESSING FACILITIES AND ORGANICS SITES,” dated May 25, 2010 (the “First Amendment”);
“SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF SOLVANG AND VALLEY GARBAGE AND RUBBISH COMPANY, INC., A California corporation doing business as “HEALTH SANITATION SERVICE” (contractor) FOR EXCLUSIVE SOLID
WASTE, RECYCLABLES, AND ORGANICS COLLECTION AND TRANSPORTATION TO DISPOSAL AND PROCESSING FACILITIES AND ORGANICS SITES,” dated June 9, 2014 (the “Second Amendment”);
“THIRD AMENDMENT TO AGREEMENT BETWEEN THE CITY OF SOLVANG AND VALLEY GARBAGE AND RUBBISH COMPANY, INC., A California corporation doing business as “HEALTH SANITATION SERVICE” (contractor) FOR EXCLUSIVE SOLID
WASTE, RECYCLABLES, AND ORGANICS COLLECTION AND TRANSPORTATION TO DISPOSAL AND PROCESSING FACILITIES AND ORGANICS SITES,” dated March 12, 2018 (the “Third Amendment,” and together with the Agreement, the First Amendment, and the Second Amendment, the “Amended Agreement”); and WHEREAS, the Parties desire to modify the terms and conditions of the Amended Agreement as set forth herein.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
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1. Defined Terms. Capitalized terms used in this Fourth Amendment but not defined herein shall have the meanings ascribed to them in the Amended Agreement; provided however that capitalized terms used in this Fourth Amendment but not defined herein or in the Amended Agreement shall be defined as set forth in 14 CCR Section 18982(a).
Whenever any term used in this Fourth Amendment or the Amended Agreement has been defined by the City Code or Division 30, Part I, Chapter 2 of the California Public Resources Code, the definitions in the City Code or Public Resources Code shall apply unless the term is otherwise defined in this Agreement. To the extent that definitions contained in the City Code conflict with definitions in the Public Resources Code, the former shall control and govern the rights and obligations of the parties hereunder, provided, however, that should the Public Resource Code's definitions be made obligatory by the state legislature on the City, then the conflicting Public Resource Code's definitions shall apply.
2. Collector shall provide Organics Collection Services described in Exhibit 4.01.a. To the extent any provision of the Amended Agreement is inconsistent with any provision in this Fourth Amendment, the provision(s) in this Fourth Amendment shall control.
3. Section 3.01.a of the Amended Agreement is hereby superseded and replace in its entirety as follows:
a. Initial Term. This Agreement shall become effective, the term hereof shall commence, and the parties obligations shall become effective on the date hereof, and continue in effect until June 30, 2038 unless terminated earlier in accordance with Article 12 or extended in accordance with subsection b., (the “Term”). This Agreement is a service agreement and shall not constitute indebtedness of the City in contravention of Applicable Law.
4. Section 6.01 of the Amended Agreement is hereby superseded and replaced in its entirety as follows:
6.01 Change in Scope of Services.
a. Upon City Direction. The City reserves the right to direct Collector to implement a change in scope of Services at any time, including new or amended diversion programs or special services, for any reason whatsoever (including a Change in Law), provided that Collector shall be entitled to a Rate adjustment to compensate it for such changes in scope of Services in accordance with Section
10.05.a.
b. Upon Collector Proposal. The Collector may propose to the City a change in the scope of Services, including as a result of a Change in Law, new developments in collection technologies and techniques or programs, at any time, for any reason whatsoever, subject to City approval in its sole discretion. Collector shall be entitled to a Rate adjustment to compensate it for such changes in scope of Services in accordance with Section 10.05.a.
5. Section 10.05.a of the Amended Agreement is hereby superseded and replaced in its entirety as follows:
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a. Changes in Scope of Service. In the event the City or Collector requests a change in the scope of Services under Section 6.01 the Parties shall meet and confer to determine the appropriate amount of the adjustment in Rates or may submit the matter to an Independent Expert in accordance with Section 6.03. Upon determination of the appropriate amount of the Rate adjustment, Collector shall adjust and City shall approve adjustments to Collector’s Rates for requested change in the scope of Services.
6. Section 10.05.e of the Amended Agreement is hereby superseded and replaced in its entirety as follows:
e. Changes in Tip Fee Rates. The Rates set forth in Exhibit 10.01 shall only be adjusted to account for changes in tip fee rates pursuant to Section 10.11 Annual Rate Adjustment.
7. Section 10.05.f of the Amended Agreement is hereby added and reads as follows:
f. Zero-Emission Fleets. City and Collector agree that Collector is subject to the Sections 2015 et seq. of Title 13 of the California Code of Regulations effective October 2, 2023. City and Collector agree the adoption or promulgation of these requirements constitute a Change in Law under this Agreement, notwithstanding the Fourth Amendment postdating the adoption and promulgation of such requirements and that Collector may request an adjustment of the Rate pursuant to the requirements and procedure of Section 10.05.b for an occurrence of an Uncontrollable Circumstance related to this Change in Law.
8. Section 10.11 of the Amended Agreement is hereby superseded and replaced in its entirety as follows:
10.11 Annual Rate Adjustment
Provided Collector submits annual rate adjustment documentation to the City consistent with Section 10.11.h (Annual Rate Adjustment Documentation), the Rates set forth in Exhibit 10.01 shall be adjusted annually commencing on July 1, 2025 and occurring once annually thereafter, based upon percentage changes in the Service Component and the Diversion and Disposal Component (comprised of the Recycling Processing Factor, Organic Waste Processing Factor, and Refuse Factor) as set forth below, with initial weighting of each being, respectively, 60% for the Service Component and 40% for the Diversion and Disposal Component, subject to re-weighting as set forth below (Annual Rate Adjustment). For illustrative purposes only, a sample annual rate adjustment is set forth in Exhibit 10.11. Notwithstanding the foregoing, Collector shall implement a Rate adjustment to the Rates set forth in Exhibit 10.01, that would have otherwise been effective July 1, 2024, in two installments of equal parts on September 1, 2024 and on November 1, 2024 and such Rate adjustment shall not be retroactive to July 1, 2024.
a. Service Component Adjustment. Subject to the Annual Rate Cap in Section 10.11.g, the “Service Component” of the Rates shall be adjusted once annually by 100% of the percentage change in the Consumer Price Index CUSR0000SEHG02 CPI-U Garbage and Trash Collection, US City Average, not seasonally adjusted, as published by the United States Department of Labor, Bureau 97 4
of Labor Statistics (the “CPI”) for the “Current Measurement Period” (defined as the 12 months ending the last day of March of the current year preceding the adjustment date) compared to the “Prior Measurement Period” (defined as the 12 months ending the last day of March of the prior year). The percent change in CPI from the Prior Measurement Period to the Current Measurement Period shall be calculated as follows: subtract the average of the annual CPI of the Current Measurement Period from the average annual CPI of the Prior Measurement Period, divide the result by the average of the annual CPI for the Prior Measurement Period and multiply that result by 100, as shown in sample annual rate adjustment set forth in Exhibit 10.11.
Notwithstanding the foregoing, the annual adjustment to the Service Component shall not be less than zero percent (0%) in any given year and there shall be no adjustment to the Service Component in any year the average annual CPI for the Current Measurement Period is less than the average annual CPI for the Prior Measurement Period.
b. Diversion and Disposal Component Adjustment. The
“Diversion and Disposal Component” of the Rates shall be adjusted once annually by the percentage change in the average blended Diversion and Disposal cost per ton for the Current Measurement Period compared to the blended average Diversion and Disposal cost per ton for the Prior Measurement Period (see sample annual rate adjustment set forth in Exhibit 10.11). Provided however, there shall be no adjustment to the Diversion and Disposal Component in any year the average blended Diversion and Disposal cost per ton for the Current Measurement Period is less than the blended average Diversion and Disposal cost per ton for the Prior Measurement Period. The percentage change in the blended average Diversion and Disposal cost per ton from the Prior Measurement Period to the Current Measurement Period shall be calculated as follows: subtract the blended average Diversion and Disposal cost per ton for the Current Measurement Period from the blended average Diversion and Disposal cost per ton for the Prior Measurement Period, divide the result by the blended average Diversion and Disposal cost per ton for the Prior Measurement Period and multiply that result by 100. The average blended cost per ton for each measurement period shall be the sum of the Total Cost for that measurement period divided by the Total Tons for that Measurement Period.
The Total Tons for each measurement period shall be the sum of the tons for the Recycle Processing Factor, the Organic Waste Processing Factor and the Refuse Processing Factor. The Total Cost for each measurement period shall be the sum of the costs of the Recycling Processing Factor, Organic Waste Processing Factor and Refuse Factor for that measurement period. The costs of the Recycling Processing Factor, Organic Waste Processing Factor and Refuse Factor for each measurement period shall be calculated as follows (see sample annual rate adjustment set forth in Exhibit 10.11):
(1) Recycling Processing Factor. The Recycling Processing Factor equals the change in cost between the Current
Recycling Processing Cost and the Prior Recycling
Processing Cost. The Current Recycling Processing Cost
equals the total tons of Recyclable Material delivered to the Designated Recycling Facility(ies) for the Current
Measurement Period multiplied by the average of the
monthly processing fees charged at the Designated
Recycling Facility(ies) during the Current Measurement
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Period. The Prior Recycling Processing Cost equals the
total tons of Recyclable Material delivered to the
Designated Recycling Facility(ies) for the Prior
Measurement Period multiplied by the average of the
monthly processing fees charged at the Designated
Recycling Facility(ies) during the Prior Measurement
Period. Should a portion or all of the Recycling Material be delivered to a Material Recovery Facility owned and
operated by Collector, or an Affiliate (where the processing rate is not set by a governmental authority), then the
adjustment to the Recycling Processing Component for
such volumes shall be calculated using the same
methodology as the Service Component calculation and
the City and Collector shall meet and confer to adjust the sample annual rate adjustment set forth in Exhibit 10.11 for the Recycling Processing Factor to reflect this revised calculation.
(2) Organic Waste Processing Factor. The Organic Waste
Processing Factor equals the change in cost between the Current Organic Waste Processing Cost and the Prior
Organic Waste Processing Cost. The Current Organic
Waste Processing Cost equals the total tons delivered to the Designated Organic Waste Processing Facility(ies) for processing or transfer during the Current Measurement
Period multiplied by the average of the monthly organic waste processing or transfer fees charged at the
Designated Organic Waste Processing Facility(ies) in the Current Measurement Period. The Prior Organic Waste
Processing Cost equals the total tons delivered to the
Designated Organics Waste Processing Facility(ies) for
processing during the Prior Measurement Period multiplied by the average of the monthly organic waste processing or transfer fees charged at the Designated Organic Waste
Processing Facility(ies) in the Prior Measurement Period. (See Sample annual rate adjustment set forth in Exhibit
10.11.)
(3) Refuse Factor. The Refuse Factor equals the change in cost between the Current Refuse Cost and the Prior
Refuse Cost. The Current Refuse Cost equals the total
tons delivered to the Designated Landfill Facility(ies) for disposal during the Current Measurement Period multiplied by the average of the monthly disposal fees charged at the Designated Disposal Facility(ies) in the Current
Measurement Period. The Prior Refuse Cost equals the
total tons delivered to the Designated Landfill Facility(ies) for disposal during the Prior Measurement Period
multiplied by the average of the monthly disposal fees
charged in at the Designated Disposal Facility(ies) in the 99 6
Current Measurement Period. (See Sample annual rate
adjustment set forth in Exhibit 10.11.).
c. Weighting. The initial weighting of the Diversion and Disposal Component (which is comprised of the Recycling Processing Factor, the Organic Waste Processing Factor and the Refuse Factor) shall be 40% and the Service Component shall be 60% and shall apply to the September 1, 2024 and November 1, 2024 rate adjustments and the July 1, 2025 rate adjustment, and then, after each current year rate adjustment is calculated, the Service Component and Diversion and Disposal Component shall be re-weighted to reflect their new relative percentages of the Rates based on each of the component adjustments made pursuant to this Section, and those new weightings shall be used for the following year’s rate adjustment. If upon reweighting the Service Component is less than 50%, City and Collector shall meet and confer to discuss the weighting methodology.
d. Roll-off Box Services Adjustment. The annual adjustment to the Rates applicable to Roll-off Box Services shall be an adjustment to the “haul rate” set forth in Exhibit 10.01 using the same formula applicable to the Service Component noted above, plus the actual processing/disposal cost per ton incurred by Collector at the Disposal Facility(ies), Recycling Processing Facility(ies), or Organic Waste Processing Facility(ies), as applicable. e. Ancillary or Other Services. The Rates set forth in Exhibit 10.01 for ancillary services (or other services for which no annual adjustment calculation is set forth above) shall be adjusted using the same formula as used to adjust the Service Component.
f. Rounding. Calculation of Rates and determination of any annual adjustment will be made only in units of one cent ($0.01). Fractions of less than one cent ($0.01) will be rounded down to nearest whole cent. g. Annual Rate Cap on Service Component. Notwithstanding any other provision, the total annual increase to the Service Component under this Section shall not exceed five percent (5%) or be less than zero percent (0%) in any one (1) year. In the event the total increase to the Service Component as calculated herein exceeds five percent (5%), the amount of the overage exceeding five percent (5%) shall be carried over into any succeeding year until such time as it is fully applied to the Rates without violating this Section; provided however, any Rate increase based on the percentage increase overage carried over from a prior year shall be based on the Rate from the year in which the increase was accrued and shall not compound. If there is a percentage increase over 5% for eight (8) consecutive years, the Parties shall meet and confer on how best to allocate the carried over percentage increase.
The annual rate cap shall not apply to Rate adjustments under 10.05.c. to account for changes to the tax and permit fees, administrative and impact fees, and franchise fees paid to the City pursuant to Section 10.02, 10.03, and 10.04. 100
7 h. Annual Rate Adjustment Documentation. Contractor shall provide reasonable evidence to support the amount of any rate adjustment under this Section 10.11 (each “Annual Rate Adjustment Documentation”). Within sixty (60) days of receipt of the Annual Rate Adjustment Documentation, the City shall advise Collector if the City wishes to meet and confer to resolve any discrepancies in the calculation or adjustment based on its review of the Annual Rate Adjustment Documentation. If such a meet and confer is requested, the Annual Rate Adjustment shall be based on the Annual Rate Adjustment Documentation as adjusted by the Parties’ mutual agreement, and shall be effective at such time as the Parties may agree . The effective time for the Annual Rate Adjustment may be retroactive, but only to the regular date for Annual Rate Adjustment for that year and any retroactive amount shall be applied in equal installments over a period equal to the retroactive period. For example if the Annual Rate Adjustment is to be applied retroactively for two months, then such amounts shall be collected in equal installments over the next two months. The Annual Rate Adjustment Documentation shall include, at a minimum, documentation of the annual rate adjustments set forth in this Section, all calculations from which such rate adjustments were derived, and all supporting documentation sufficient to reasonably enable the City to verify the accuracy of the Collector’s calculated adjustment to the Rates.
9. The definition of “Uncontrollable Circumstances” on Exhibit 1.01 is hereby superseded and replaced in its entirety as follows:
Uncontrollable Circumstance(s) means any act, event or condition, whether affecting (i) Services or (ii) either Party, beyond the reasonable control of such Party and not the result of willful or negligent action or inaction of such Party (other than the contesting in good faith or the failure in good faith to contest such action or inaction), which materially and adversely affects the ability of either Party to perform any obligation hereunder, comprised of:
(1) an act of God, landslide, lightning, earthquake, fire, flood, (other than reasonably anticipated weather conditions for the geographic area of the City), pandemic, epidemic, quarantines, explosion, sabotage, acts of a public enemy, war, blockade or insurrection, riot or civil disturbance, or the threat thereof;
(2) the failure of any appropriate federal, State, County, or local public agency or private utility having operational jurisdiction in the area in which Service Assets comprised of realty, including maintenance and administrative facilities, are located, to provide and maintain utilities, services, water, sewer or power transmission lines thereto; (3) a Change in Law; or
(4) Labor unrest, including but not limited to strike, work stoppage or slowdown, sickout, picketing, or other concerted job action conducted by Collector’s employees or directed at Collector, to the extent that Collector (i) has provided a contingency plan to City demonstrating how services will be provided during the period of labor unrest; and (ii) meets the requirements of the contingency plan.
Uncontrollable Circumstance shall not include:
101
8 (i) either Party’s own breach of its obligations hereunder where performance was otherwise not excused by an Uncontrollable Circumstance; (ii) adverse changes in the financial condition of either Party or any Change in Law with respect only to any taxes based on or measured by net income, or any unincorporated business, payroll, franchise or employment taxes; (iii) the failure of the Collector to secure patents, licenses, trademarks, and the like necessary for Services; and
(iv) as to the Collector, the failure of any Service Assets to perform in accordance with any warranties, unless caused by Uncontrollable Circumstances.
10. The definition of “Organics” on Exhibit 1.01 is hereby superseded and replaced in its entirety as follows:
Organics or Organic Waste means waste containing material originated from living organisms and their metabolic waste products including, but not limited to, Food Waste, Green Waste, untreated lumber, untreated wood, paper products, printing and writing paper, and manure. Notwithstanding the foregoing, paper products and printing and writing paper shall be as defined in 14 CCR Section 18982(a)(51) and 14 CCR Section 18982(a)(54), and shall be treated by Collector as Recyclables under this Agreement.
Organic Waste does not include Excluded Waste.
11. The following definitions are hereby added to Exhibit 1.01:
Bin means a metal container with a capacity of 1.5 to 4 cubic yards, having a hinged lid and wheels.
Cart means a plastic container with a hinged lid and wheels that is serviced by an automated or semi-automated Collection vehicle. Cart sizes vary depending on the manufacturer, and any reference to Cart sizes in this Agreement is an approximation.
CalRecycle means the California Department of Resources Recycling and Recovery and any predecessors or successor agencies. Any references in this Agreement to the California Integrated Waste Management Board shall be interpreted to be references to CalRecycle.
Excluded Waste means Biohazardous or Biomedical waste, Hazardous Waste, Sludge, Special Waste, used cooking FOG (fats, oil, grease, and similar materials), explosives, firearms, automobiles, automobile parts, boats, boat parts, boat trailers, internal combustion engines, lead-acid batteries, dead animals, and those wastes under the control of the Nuclear Regulatory Commission. Excluded Waste also includes any material that is prohibited from being collected, transported, or processed by Company or disposed of in Class III landfills, or that would, as a result of or upon Collection, transportation, processing and/or disposal, be a violation of Applicable Law or would present a significant risk to human health or the environment, or requires special handling. Excluded Waste also includes materials containing information (in hard copy or electronic format, or otherwise) which information is protected or regulated under any local, state or federal privacy or data security laws, including, but not limited to the Health Insurance Portability and Accountability Act of 1996, as amended. 102
9 Food Scraps means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells.
Food-Soiled Paper means compostable paper material that is mixed in with Food Waste.
Food Waste means source separated Food Scraps, Food-Soiled Paper.
Green Waste means shrubbery, tree trimmings, yard waste, grass, weeds, straw or leaves, wood chips and other household garden waste generated by Customers associated with landscaping and no longer useful or wanted. Items include, but are not limited to leaves, grass, weeds, and untreated wood materials from trees and shrubs, and similar materials that fit within a Cart and are generated at any premises. Yucca leaves, palm fronds, tree stumps and tree roots are not considered Green Waste, which shall be treated as Refuse for the purposes of this Amended Agreement. Green Waste is a subset of Organic Waste and shall not include Excluded Waste.
Prohibited Container Contaminants means the following: (i) materials placed in a Recyclable Material Container that are not identified as acceptable Recyclables; (ii) materials placed in an Organic Waste Container that are not identified as acceptable Organic Waste; (iii) materials placed in a Solid Waste Container that are not identified as acceptable Solid Waste; and (iv) Excluded Waste placed in any Container.
SB 1383 means Senate Bill 1383 of 2016 approved by the Governor of the State on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants, as amended, supplemented, superseded, and replaced from time to time.
SB 1383 Regulations means the short-lived climate pollutants: organic waste reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of 14 CCR and 27 CCR.
12. Exhibit 4.01.a, as amended in the Second and Third Amendments to the Agreement is hereby superseded and replaced with the amended Exhibit 4.01.a attached hereto as Attachment 1. Exhibit 4.01.a is incorporated by reference as though fully set forth herein.
13. Exhibit 4.15.b to the Agreement is hereby superseded and replaced with the amended Exhibit 4.15.b attached hereto as Attachment 2. Exhibit 4.15.b is incorporated by reference as though fully set forth herein.
14. Exhibit 10.01 (Rates) of the Amended Agreement is hereby superseded and replaced with the amended Exhibit 10.01 (Rates), attached hereto as Attachment 3. Exhibit 10.01 is incorporated by reference as though fully set forth herein.
15. Exhibit 10.05.e of the Amended Amendment is hereby removed in its entirety and is of no force or effect.
103
10 16. Exhibit 10.11 of the Amended Amendment is hereby superseded and replaced with the amended Exhibit 10.11 (Annual Rate Adjustment), attached hereto as Attachment 4.
Exhibit 10.11 is incorporated by reference as though fully set forth herein.
17. Section 4 of the Third Amendment is hereby removed in its entirety and is of no force or effect.
18. Notice. All notices, demands, requests, proposals, approvals, consents and other communications which this Fourth Agreement or the Amended Agreement requires, authorizes or contemplates shall be in writing and shall either be personally delivered to a representative of the Parties at the address below or be deposited in the United States mail, first class postage prepaid, addressed as follows:
If to City: City of Solvang
City Manager
1644 Oak Street
Solvang, California 93463
With a copy to: Chelsea O’Sullivan
City Attorney
1644 Oak Street
Solvang, California 93463
If to Collector: Valley Garbage and Rubbish Company, Inc. 9081 Tujunga Avenue
Sun Valley, California 91352
With a copy to: Valley Garbage and Rubbish Company, Inc.
Attn: Assistant General Counsel
9081 Tujunga Avenue
Sun Valley, California 91352
The address to which communications may be delivered may be changed from time to time by a notice given in accordance with this Section. Each Party shall deliver all notices by personal delivery, nationally recognized overnight courier (with all fees prepaid), facsimile or email (with confirmation of transmission), or certified or registered mail (in each case, return receipt requested, postage prepaid). A notice is effective only: 1) upon receipt by the receiving party and 2) if the party giving the notice has complied with the requirements of this Section.
19. Governing Law. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California without reference to its conflicts of laws principles.
20. Authorization. Each party to this Fourth Amendment hereby represents and warrants to the other party that: (a) it has the full right, power, and authority to enter into this Fourth Amendment and to perform its obligations hereunder; and (b) the execution of this Fourth Amendment by the individual whose signature is set forth at the end of this Fourth Amendment on behalf of such party, and the delivery of 104
11 this Fourth Amendment by such party, have been duly authorized by all necessary action on the part of such party.
21. Counterparts. This Fourth Amendment may be executed in counterparts, each of which is deemed an original, but all of which constitute one and the same agreement. Delivery of an executed counterpart of this Fourth Amendment electronically or by facsimile shall be effective as delivery of an original executed counterpart of this Fourth Amendment.
22. Entire Agreement. The Amended Agreement as further amended by this Fourth Amendment constitutes the sole and entire agreement between the Parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. To the extent there is any conflict or inconsistency between the terms and provisions of this Fourth Amendment and the terms and provisions of the Amended Agreement, the terms and provisions of this Fourth Amendment shall control and govern the rights and obligations of the Parties. Except as set forth in this Fourth Amendment, the terms and conditions of the Amended Agreement remain in full force and effect.
IN WITNESS WHEREOF, the Parties hereto have caused this Fourth Amendment to be executed and attested by their respective officers thereunto duly authorized.
CITY OF SOLVANG: VALLEY GARBAGE AND RUBBISH
COMPANY, INC.
Mark Infanti Date
Mayor, City of Solvang
Mike Hammer Date
President
ATTEST:
Annamarie Porter, City Clerk
APPROVED AS TO FORM:
Chelsea O’Sullivan, City Attorney
105
1 ATTACHMENT 1
EXHIBIT 4.01.a.
SCOPE OF REGULAR COLLECTION SERVICES
A. Residential Collection Services
(1) Collection Frequency and Method: (4.04.a.(2)) The City has been granted a low population waiver by CalRecycle. Notwithstanding the requirements of Chapter 5-2 of the Solvang Code, while the City has a valid low population waiver granted by CalRecycle, Collector shall, using an automated system, Collect Refuse (including Food Waste) weekly and Green Waste and Recyclables every other week from Residential Customers. If, during the Term of this Agreement, City’s low population waiver is no longer valid or it is not renewed or re-issued for any reason, Collector shall provide Organics Collection Service through an SB 1383 compliant three Container service consistent with the requirements of Chapter 5-2 Solvang Municipal Code (SB 1383 Compliant Service). To the extent such SB 1383 Compliant Service results in an extraordinary increase in the costs of Collection Services to Residential Customers, such change in Collection Services shall constitute a change in the scope of Services under Section 6.01 and Collector shall be entitled to a Rate adjustment under Section 10.05.a, but only to the extent necessary to address such extraordinary increase in costs of Collection Services.
(2) Exceptions to Regular Collection Schedule
NONE
(3) Collection Location: Collector shall Collect Refuse, Organics and Recyclables from the curb.
(4) Ninety-six (96) Gallon Refuse Bundled Service Level: Collector shall Collect one (1) ninety-six (96) gallon Cart for Refuse, one (1) ninety-six (96) gallon Cart for Organics, and one (1) ninety-six (96) gallon Cart for Recyclables.
(5) Sixty-four (64) Gallon Refuse Bundled Service Level: Collector shall Collect one (1) sixty-four (64) gallon Cart for Refuse, one (1) ninety-six (96) gallon Cart for Organics, and one (1) ninety-six (96) gallon Cart for Recyclables.
(6) Thirty-two (32) Gallon Refuse Bundled Service Level: Collector shall Collect one (1) thirty-two (32) gallon Cart for Refuse, one (1) ninety-six (96) gallon Cart for Organics, and one (1) ninety-six (96) gallon Cart for Recyclables, unless special circumstances necessitate smaller Recyclables Containers.
(7) Holiday Schedule: (4.04.b.) Collector shall perform Collection Services scheduled for the following Holidays on the next regular business day following the Holiday, as more specifically set forth in Section 4.04.b. of the Agreement. “Holidays” defined in Exhibit 1.01 are limited to days when the landfill used by Collector to dispose of Refuse is closed. (9) Containers: (4.08) Collector shall provide, distribute and maintain Containers for the automated Collection of Refuse, Organics and Recyclables. Containers that must be delivered in excess of once per year will have a surcharge indicated on the Exhibit 10.01. 106
2 Exhibit 4.01.a
(10) Christmas Tree Collection: (4.02.c.) Collector shall offer Collection of Christmas trees at Residential locations during the first full week of January at no additional charge to the Customer. Collector will notify Customers in advance of when the Collection period will be. For Collection outside the specified week, Customer may cut up tree and place in their Organics Container or may pay the additional service charges for Christmas tree Collection identified in Exhibit 10.01.
(11) Annual Clean Up Day: (4.02.a.) Collector shall offer a designated drop-off location for Bulky Waste at no additional charge to the Customer on one (1) specified six-day week per year to be designated by the City. Collection shall be in large forty (40) cubic yard Containers placed at a location in the City by Collector selected so as to facilitate convenient use by all residents. Collector shall staff the location to assist in unloading and to prevent the dumping of Excluded Waste. Collector also shall prepare and distribute a bulletin describing how to dispose of Excluded Waste.
(12) Telephone Book Collection: (4.02.c.) Collector shall offer Collection of telephone books with the Collection of commingled Recyclables when new telephone books are issued. (13) On-Call Bin Service: Collector shall offer temporary on-call bin service to Residential Customers in four (4) yard bins at the Rates described in Exhibit 10.01. For the purposes of this Agreement, “temporary” shall be deemed to be a period of not more than three (3) consecutive weeks.
(14) Commingling Waste Sources: (4.19) Collector may commingle Residential Solid Waste collected under this Agreement with any other materials collected by Collector as long as an appropriate protocol has been approved by the City to identify the tonnages collected only under this Agreement; provided that such commingling is consistent with SB 1383 and the SB 1383 Regulations and the City has approved Collector’s commingling of Refuse and Food Waste as contemplated by this Exhibit 4.01.a. Upon City direction, the protocol must include documentation supporting the protocol, including route collection maps and sheets, totals of Containers by size and capacity, and per-Container Refuse, Organic Waste and Green Waste and per-Container Recyclables generation assumptions with such submission. If City disagrees with either the allocation calculations for the preceding calendar year or a proposed protocol, Collector and City shall meet and confer to discuss and revise, if necessary, such calculations or protocol.
(15) Special Pick-Up Service: Collector shall offer special, on-call pick-up service to Residential Customers at the Rates described in Exhibit 10.01.
B. Commercial Collection Services
(1) Collection Frequency and Method: (4.04.a.(1)) Using an automated system, Collector shall Collect Refuse at least once weekly, Organics at least once weekly, and Recyclables at least once every other week.
(2) Collection Location: Collector shall determine the collection location in its reasonable discretion for all Commercial Customers in consultation with the City.
Notwithstanding the foregoing the City shall have the right to review the collection location for Commercial Customers and may in its sole discretion determine the collection location for Commercial Customers.
107
3 Exhibit 4.01.a
(3) Commercial Services: Except for those Commercial Customers who self-haul in accordance with 14 CCR Section 18988.3 and Solvang Municipal Code Section 5-2-12, Collector shall provide the following services to Commercial Customers:
(i) Refuse Service: Collector will collect Refuse from Commercial Accounts in Collector provided 32, 64, or 96-gallon Carts or 1.5, 2, 3 and 4 cubic yard Bins, as requested by Customer but subject to Collector and/or City’s ability to adjust service levels as provided in this Agreement, up to six (6) times per week but not less than once per week.
Collector may also provide temporary Roll-off Box Services as requested by a Customer. (ii) Recyclables Services: Collector will collect Recyclables from Commercial Accounts in Collector provided 32, 64, or 96-gallon Carts or 1.5, 2, 3 and 4 cubic yard Bins, as requested by Customer but subject to Collector and/or City’s ability to adjust service levels as provided in this Agreement, up to six (6) times per week but not less than once per week for Bin service, and weekly or biweekly for Cart service. Collector may also provide temporary Roll-off Box Services as requested by a Customer. (iii) Organic Waste Service: Collector will collect Organic Waste from Commercial Accounts in Collector provided 32, 64, or 96-gallon Carts, as requested by Customer but subject to Collector and/or City’s ability to adjust service levels as provided in this Agreement, up to six (6) times per week but not less than once per week for Bin service, and weekly or biweekly for Cart service. Collector may also provide temporary Roll-off Box Services as requested by a Customer.
(4) Holiday Schedule: (4.04.b.) Collector shall perform Collection Services scheduled for Holidays, as defined in Exhibit 1.01, on the next regular business day following the Holiday, as more specifically set forth in Section 4.04.b. of the Agreement. (5) Containers: (4.08) Collector shall provide, distribute, and maintain Containers for the automated Collection of Refuse, Organics and Recyclables. Except for delivery of additional Organics or Recyclables Containers, Containers that must be delivered more than once per year will have a surcharge indicated on Exhibit 10.01. In addition, Collector shall steam clean Commercial Containers once each Contract Year without an additional charge only upon Customer request. Collector may charge for steam cleaning for each subsequent Customer request.
(6) Commingling Waste Sources: (4.19) Collector may commingle Commercial Solid Waste collected under this Agreement with any other materials collected by Collector as long as an appropriate methodology has been approved by the City to identify the tonnages collected only under this Agreement; provided that such commingling is consistent with SB 1383 and the SB 1383 Regulations and the City has approved Collector’s commingling of Refuse and Food Waste as contemplated by this Exhibit 4.01.a.
(7) Allocation of Commingled Materials: If Collector commingles Recyclables, Organic Waste, or Refuse with materials generated or collected outside the City, Collector will propose a protocol for allocating Recyclables, Organic Waste, and Refuse to the City and other materials to other jurisdictions,
(i) in its first Annual Report delivered to City after the date of this Agreement, and 108
4 Exhibit 4.01.a
(ii) in any Annual Report for succeeding calendar years, if different than the protocol applied in the previous calendar year, and approved by the City.
Upon City direction, the protocol must include documentation supporting the protocol, including route collection maps and sheets, totals of Containers by size and capacity, and per-Container Refuse and Organic Waste and per-Container Recyclables generation assumptions and documentation of compliance with SB 1383 and the SB 1383 Regulations applicable to Collector’s services under this Agreement with such submission. If City disagrees with either the allocation calculations for the preceding calendar year or a proposed protocol, it may correct such calculations and/or revise such protocol. Collector will be bound by those corrections and revisions.
C. City Services
(1) Collector shall provide Services to all City facilities and events at no cost to the City. Service to City facilities shall be for routine, regularly-scheduled services only, and shall not extend to City construction, demolition, or renovation projects. (2) Collector will implement its Lamptracker program, which will provide a mail-in service for used batteries, fluorescent tubes, compact fluorescent bulbs generated at City facilities. This will be at no cost to the City.
(3) Collector will provide roll-off services for the Public Works and Parks and Recreation Department for bulky items and green waste at no cost to the City. (4) Should the total annual value of the City Services described in this Section increase by more than 30% from the total annual value of such services in the prior year, the Collector and City shall meet and confer to determine the scope of such Services and Collector shall be entitled to a Rate adjustment to compensate it for such changes in scope of Services in accordance with Section 10.05.a.
D. Administrative Services
Alternative to TDD Phone Services: (4.10.b.(3)) Collector may install communication options via computer but these must be indicated in their newsletters as soon as the service is operational.
E. Distance Traveled to Disposal and Processing Facilities (1) Distance to Disposal Facility: twenty (20) miles one (1) way from the geographic center of Collector’s Service area which is defined as 1644 Oak Street, Solvang, California. (City Hall).
(2) Distance to Processing Facility: Thirty-five (35) miles one (1) way from the geographic center of Collector’s Service area described in item E.(1) above. (3) Distance to Organics Processing Facility: Thirty-five (35) miles one (1) way from the geographic center of Collector’s Service area described in item E.(1) above. (4) Distance to Alternate Green Waste/Organics Transfer Facility: Eight miles one (1) way from the geographic center of Collector’s Service area described in item E.(1) above. 109
5 Exhibit 4.01.a
F. Indemnities, Insurance and Bonds (4.15.c.)
(1) AB 939 Indemnification Bond: The amount of the performance bond is $100,000.00.
G. Financial Statements (7.03.b.)
Collector shall comply with all requirements contained in Section 7.03 but Collector has the option to provide financial statements reviewed, rather than audited, by an independent certified public accountant. This Section does not affect the obligations of the Collector in accordance with Section 7.03.c. to provide the City with financial statements of the Collector’s ultimate parent company audited by an independent certified public accountant. Notwithstanding anything to the contrary, nothing in this Agreement shall require Collector to provide any third party with any of Collector’s Intellectual Property except as required by Section H.10 of this Exhibit.
H. SB 1383 Services.
On the Effective Date, Collector shall provide the following Services in accordance with the provisions of this Amended Agreement and the applicable requirements of the SB 1383 Regulations, during the Term, within the boundaries of the incorporated City. To the extent the Agreement is inconsistent with the provisions of this Exhibit, this Exhibit shall control. (1) Provision of Organic Waste Collection Service: Collector shall provide Organic Waste Collection Services to Customers consistent with this Exhibit, and 14 CCR Section 18984.1 under which all Customers shall be provided a Refuse Container, a Recyclables Container and an Organic Waste Container; provided, however, containers do not need to be provided to those customers who self-haul in accordance with 14 CCR Section 18988.3 and Solvang Municipal Code Section 5-2-12.
(2) Container Colors and Labeling. All new Containers placed in service after the Effective Date shall comply with color and labeling requirements specified in 14 CCR Section 18984.7 and 14 CCR Section 18984.8 respectively, provided that all Containers will comply with the applicable color requirements by January 1, 2036.
(3) Contamination Monitoring. Collector agrees to utilize the following procedures to assist in minimizing Container contamination:
i. Contamination. In addition to Containers containing Excluded Waste, Collector shall not be required to Collect Prohibited Container Contaminants, any Organic Waste or Recyclables that are not accepted or able to be processed by any facility to which Collector delivers such materials for processing under this Amended Agreement. In the event that Collector Collects materials that are not acceptable or able to be processed by such facility, Collector shall follow the contamination noticing and fee procedures outlined in this Section H(3).
ii. Contamination Noticing and Fee Procedures. Collector may use the electronic, digital, or visual image technology to visualize the contents of Recyclables Containers, Organic 110
6 Exhibit 4.01.a
Waste Containers, and Refuse Containers to identify the presence of Prohibited Container Contaminants. Upon identifying Prohibited Container Contaminants or other materials that are not accepted or able to be processed by the applicable facility in a Container, Collector shall follow the following contamination noticing procedures:
a. First and Second Occurrence. For the first and second occurrence within a twelve (12) month rolling period of contamination for a particular Container, Collector may Collect the contaminated Container and shall deliver to the Customer a contamination violation notice that contains instructions on the proper procedures for sorting of Recyclables, Organic Waste, and Refuse. Collector shall notify the Customer by phone, U.S. mail, e-mail, text, or other electronic means that for third and subsequent incidents of contamination the Customer may be charged a contamination processing fee for the contaminated Container. If Collector determines, in consultation with City, that such contamination is due to insufficient level of Service, Collector may increase the Container(s) size, collection frequency, or require additional Container(s) and charge the Customer the appropriate rate(s) as set forth on Exhibit 10.01 for such changed Service. City retains the right to review and adjust a Customer’s level of Service.
b. Third and Subsequent Occurrences. For the third and subsequent occurrence within a twelve (12) month period of contamination for a particular Container or type of material, Collector may collect the contaminated Container and shall charge the Customer a contamination processing fee as set forth in Exhibit 10.01.
Collector shall notify the Customer by phone, U.S. mail, e-mail, text, or other electronic means of such contamination and the imposition of a contamination processing fee. If Collector determines, in consultation with City, that such contamination is due to insufficient level of Service, Collector may increase the Container(s) size, collection frequency, or require additional Container(s) and charge the Customer the appropriate rate(s) as set forth on Exhibit 10.01 for such changed Service upon observance of contamination. City retains the right to review and adjust a Customer’s level of Service. City shall consult with Collector on appropriate administrative or legal remedies against the offending Customer to discontinue the contamination, however the imposition of any administrative or legal remedy by the City shall be in the sole discretion of the City. iii. Route Reviews. Pursuant to 14 CCR Section 18995.1(a)(1)(A)(2), Collector shall conduct a sufficient number of route reviews to adequately determine Customers’ overall compliance with container contamination requirements under 14 CCR Section 18984.5(b) and organic generator requirements under 14 CCR Section 18984.9(a). The number of route reviews and timeframe of such reviews shall be decided by Collector, provided that the route reviews shall result in all routes being reviewed annually in compliance with 14 CCR Section 18984.5(b). The City has approved Collector’s use of its Smart Truck℠ system, including contamination monitoring via digital/video monitoring and the use of the internet to conduct such route reviews. iv. Commingled Refuse and Organics; Low Population Waiver. As of the Effective Date, the City has received a low population waiver from CalRecycle. While the City qualifies for and receives a low population waiver from CalReycle, Collector shall not issue contamination fees under this Section 3 to Residential Customers for contamination resulting from Organics placed in the Customer’s Refuse Container. In the event that the 111
7 Exhibit 4.01.a
City’s low population waiver is not renewed by CalRecycle, the City shall notify Collector within seven (7) days of such non-renewal.
(4) Compliance Reviews. Subject to Applicable Law governing data security and privacy rights, Collector shall, upon City’s request, assist City with its annual compliance review of Commercial Customers as set forth in 14 CCR Section 18995.1(a)(1)(A). Any such compliance review shall mean a “desk” review of records Collector is required to maintain under this Agreement to determine the Customer’s compliance with 14 CCR Section 18984.9(a). Notwithstanding the foregoing, Collector shall not have any obligation to inspect the premises of any Customer or pursue any enforcement action related to, or arising out of, 14 CCR Section 18995.1, Section 18995.3, and Section 18995.4, which remain the sole obligations of City pursuant to Applicable Law. Collector is not required to perform any such “desk” review with respect to Food Recovery Organizations, Food Recovery Services and other similar entities regulated by 14 CCR Division 7, Chapter 12, except that to the extent that such entities are also Commercial Customers receiving service in accordance with this Agreement they shall be included in the annual compliance review of Commercial Customers.
(5) Public Education and Outreach. In addition to or as part of, as necessary, the public education and community relations required under Section 4.11 of the Amended Agreement, Collector shall provide education and outreach to Customers regarding the Organic Waste Services, using materials and in a manner to be mutually agreed upon by the Parties, which shall at a minimum comply with 14 CCR Section 18985.1. The Parties shall meet and confer to discuss the scope of such education and outreach activities, and, if such educational and outreach activities result in an Change in Scope of Services under Section 6.01, an appropriate Rate adjustment for such activities.
(6) Customer Waivers. Upon City’s request, Collector shall review and provide City a recommendation on whether to grant, deny, renew, or revoke a waiver under Solvang Municipal Code Section 5-2-8 and/or 14 CCR Section 18984.11 or information on the relevant Customer’s service level by performing a “desk” review of records Collector is required to maintain under this Agreement.
(7) Facilities for Organic Waste Processing and Recovery. Collector shall transport all Organic Waste (including paper products, printing and writing paper and other organic materials treated as Recyclables under this Agreement) to the facility(ies) identified in amended Exhibit 4.15.b, or other facility for which written notice has been provided to the City, that recovers Organic Waste (including organic materials treated as Recyclable Materials under this Agreement). To the extent any provision of the Agreement, including Sections 4.15 and 4.16, is inconsistent with this Section, this Section shall control. (8) Notice of Inability to Process Organic Waste. If Collector receives notice from a facility identified in amended Exhibit 4.15.b that such facility is unable to process City’s Organic Waste for any reason, Collector shall promptly, and no later than twenty-four (24) hours after receipt of such notice from a facility, notify City of such inability to process Organic Waste.
Collector’s notice to City shall provide a copy of the notice from the facility and describe the reasons for the facility’s inability to process Organic Waste, including any equipment failure or operational restriction as applicable.
112
8 Exhibit 4.01.a
(9) SB 1383 Reporting. Within ninety (90) days after the end of each calendar year, Collector shall provide an annual report to the City covering the most recently completed calendar year. Such report shall contain the following information:
i. Contamination Monitoring Report. Collector’s report shall include the following information regarding route reviews conducted by Collector under this Agreement:
a. Documentation of route reviews conducted pursuant to 14 CCR Section 18984.5(b), as described and in accordance with 14 CCR Section 18995.1, including a description of the process for determining the level of contamination and the number of route reviews conducted;
b. Documentation of “desk” compliance reviews conducted by Collector under Section 5, in accordance with 14 CCR Section 18995.1, including the number of commercial businesses in such compliance review, and as applicable, the number of violations found and corrected through compliance reviews pursuant to 14 CCR Section 18994.2(k)(1);
c. The number of contamination notices, contamination fees issued to Customers, or targeted education materials issued to Customers for Prohibited Container Contaminants, as applicable;
d. Copies of all documentation related to route reviews and “desk” compliance reviews pursuant to 14 CCR Section 18995.1(c), including, but not limited to, identifying information for the subjects of each review such as name, account name, list of accounts reviewed for each compliance review, or description of hauler route and addresses covered by each route review; date of each review; persons who conducted each review; and any supporting evidence gathered; e. Copies of all notices issued to customers with Prohibited Container Contaminants pursuant to 14 CCR Section 18984.6(a)(4); and
f. Documentation of the number of containers where the contents were disposed due to observation of Prohibited Container Contaminants.
ii. Compliance Report. Collector’s report under this section shall include:
a. All information required by 14 CCR Section 18984.4, as applicable to Collector’s services under this Agreement, including but not limited to, a description of the collection method utilized by Collector under this Agreement. b. The total number of Customers receiving each type of Organic Waste collection services;
c. The number of Organic Waste Customers that received information and the type of education and outreach used;
d. The number of complaints that were received and reviewed by Collector under Section 4.10 of the Agreement; and
113
9 Exhibit 4.01.a
e. Copies of information provided to Customers related to SB 1383, including flyers, brochures, newsletters, invoice messaging, website and social media postings, as applicable; the date that the information was distributed to Customers or, if electronic media, the date posted, and if applicable, the type and number of accounts receiving the information in accordance with 14 CCR Section 18985.3. iii. Annual Reporting. Notwithstanding the specificity of the reporting requirements described herein, upon request by the City, Collector shall provide to the City any additional information and documentation generated and maintained by Collector during its regular course of business in fulfilling is obligations pursuant to this Agreement that is required to be included in City’s annual report required under 14 CCR Section 18994.2. iv. Implementation Record. Collector shall keep copies of all the reports described in this Section that are delivered to the City for a period of five (5) years and provide copies of such reports to the City within five (5) days (or such other time as the parties may agree) of written request made by the City.
(10) Confidentiality. Collector acknowledges that City is legally obligated to comply with the California Public Records Act (“CPRA”), subpoenas and other court orders and that there are very limited number of narrow exemptions to disclosure under the CPRA, subpoenas and other court orders. City acknowledges that Collector may consider certain records, reports, or information contained therein, which Collector is required to provide to City under this Agreement, to be of a proprietary or confidential nature or may include intellectual property of Collector, including, without limitation, any confidential information, copyrighted material, proprietary information, trade secrets or trademark/service mark, as well as any and all such documents or reports containing such information (together, “Collector’s Intellectual Property”). Collector will notify City in writing of which records which may contain Collector’s Intellectual Property, and if applicable, which records may be exempt from disclosure and the factual basis for claiming an exemption to disclosure. As soon as possible, and no later than forty-eight (48) hours, after City receives a request for records under the CPRA or Federal Freedom of Information Act (“FOIA”) or a subpoena or other court order requesting disclosure of records containing Collector’s Intellectual Property or which the Collector has identified as exempt from disclosure, City shall notify Collector of the request, subpoena or order and of City’s obligation and intent to provide a response within 10 days of receiving such request. Collector shall within five days of such notice from City either: (i) consent in writing to the disclosure of the records; or (ii) seek and obtain, at Collector’s sole cost and expense, the order of a court of competent jurisdiction staying or enjoining the disclosure of the records City retains full discretion whether to disclose records containing Collector’s Intellectual Property pursuant to the CPRA, FOIA, or a subpoena or other court order and nothing in this Agreement shall prohibit City from disclosing such records in compliance with the CPRA, FOIA, subpoena or other court order; provided however to the extent Collector seeks and obtains an order from a court of competent jurisdiction staying or enjoining the disclosure of the records in accordance with this Section, City shall not disclose records containing Collector’s Intellectual Property in violation of such order. Collector shall protect and defend City (including Persons described in the definition of “City” in Exhibit 1.01 and collectively referred to as the “Indemnitees”), with counsel reasonably acceptable to City, and indemnify and hold harmless City and Indemnitees for all costs and fees (including attorneys’ fees) associated with any action brought against City and Indemnitees to force disclosure of any records the City chooses to withhold based on Collector’s notice that such records contain Collector’s Intellectual Property and/or are, in Collector’s view, exempt from disclosure. Nothing in this Agreement 114
10 Exhibit 4.01.a
shall require Collector to provide any Collector’s Intellectual Property to any third-party under any circumstances.
(11) Indemnification. To the maximum extent permitted by Applicable Laws, Collector agrees to protect and defend City (including Persons described in the definition of “City” in Exhibit 1.01 and collectively referred to as the “Indemnitees”) with counsel reasonably acceptable to the City, and to indemnify and hold harmless City and Indemnitees from and against all fines or penalties imposed by CalRecycle resulting from Collector’s failure to: (1) timely provide information in accordance with this Exhibit which City is required to submit to CalRecycle; (2) transport Organic Waste to a facility that recovers such waste consistent with the requirements of this Agreement or (3) otherwise provide the Services described herein. Provided however, Collector shall not be required to indemnify, hold harmless, or protect and defend City with respect to any fines or penalties imposed by CalRecycle resulting from: (i) the revocation of the City’s low population waiver, or the City’s failure to maintain or renew its low population waiver; or (ii) following the revocation, nonrenewal or termination of the City’s low population waiver, Collector’s transport of any Organic Waste to the County of Santa Barbara ReSource Center/Tajiguas Landfill so long as the Collector is required to use such facility pursuant to this Agreement. 115
1 ATTACHMENT 2
EXHIBIT 4.15.b.
PROCESSING FACILITY AND ORGANICS SITE
As of the date hereof, Collector has selected and the City has approved Collector’s use of the following facilities:
Hauling Facility:
WM Health Sanitation Service 420 Hanson Way, Santa Maria, CA 93458 Source Separated Recyclables Processing:
County of Santa Barbara ReSource Center / Tajiguas Landfill 14470 Calle Real, Santa Barbara CA 93117
SWIS: 42-AA-0015
Refuse and Commingled Refuse/Food Waste Processing:
County of Santa Barbara ReSource Center / Tajiguas Landfill 14470 Calle Real, Santa Barbara CA 93117
SWIS: 42-AA-0015
Green Waste/Organic Waste Processing:
Engle & Gray
745 W Betteravia Rd., Santa Maria CA 93455
SWIS: 42-AA-0053
Alternate Green Waste/Organics Transfer Facility:
Santa Ynez Valley Recycling & Transfer Station (Foxen Canyon) 4004 Foxen Canyon Rd, Los Olivos, CA 93441
SWIS: 42-AA-0063
116
Exhibit 10.01
ATTACHMENT 3
EXHIBIT 10.01
117
City of Solvang | Exhibit 10.01 – Rates
ATTACHMENT 3 - Exhibit 10.01
2024/2025 Service Rates
Row Service
2023/2024
Current
Rate
Percentage
Change
Effective
9/1/2024
Rate
Increase
or
Decrease
Proposed
Rate
Effective
9/1/2024
Percentage
Change
Effective
11/1/2024
Rate
Increase or
Decrease
Proposed
Rate
Effective
11/1/2024
Residential Services
1 96-Gallon Service
Level $54.69 3.50% $1.90 $56.50 3.40% $1.86 $58.46
2 64-Gallon Service
Level $45.20 3.50% $1.58 $46.78 3.40% $1.54 $48.32
3 32-Gallon Service
Level $36.18 3.50% $1.27 $37.45 3.40% $1.23 $38.68
4 Add'l 96-Gallon
Refuse Cart $39.51 3.50% $1.38 $40.89 3.40% $1.34 $42.23 5 Add'l 64-Gallon
Refuse Cart $30.62 3.50% $1.07 $31.69 3.40% $1.04 $32.73 6 Add'l 32-Gallon
Refuse Cart $21.80 3.50% $0.76 $22.56 3.40% $0.74 $23.30 7 Extra Bag Tag $2.68 3.50% $0.09 $2.77 3.40% $0.09 $2.86 8 Drive-In, Up to 1/4
Mile $4.97 3.50% $0.17 $5.14 3.40% $0.17 $5.31
9 Carryout to 100' $5.30 3.50% $0.19 $5.49 3.40% $0.18 $5.67 10 Container Exchange
/ Cleaning > 1x
Annually
$11.99 3.50% $0.42 $12.41 3.40% $0.41 $12.82
11 Replacement of
Damaged Cart $79.97 3.50% $2.80 $82.77 3.40% $2.72 $85.49 12 Return Trip / Special
On-Call Pick-Up /
Christmas Tree Pick-
$8.91 3.50% $0.31 $9.22 3.40% $0.30 $9.52
118
City of Solvang | Exhibit 10.01 – Rates
Up (Not on free
week)
13 Check Return $20.78 3.50% $0.73 $21.51 3.40% $0.71 $22.22 14 Resume Service
After Closure $15.98 3.50% $0.56 $16.54 3.40% $0.54 $17.08 15 Redelivery of Cart
After Closure $ 8.00 3.50% $0.28 $8.28 3.40% $0.27 $8.55 16 Fee for Monthly
Billing $1.04 3.50% $0.04 $1.08 3.40% $0.04 $1.12
17 Drive-In, Organics
and Recyclables
Carts
$2.43 3.50% $0.09 $2.52 3.40% $0.08 $2.60
18 Carryout, Organics
and Recyclables
Carts
$2.59 3.50% $0.09 $2.68 3.40% $0.09 $2.77
19 Curbside
Recyclables Cart
Only
$16.45 3.50% $0.58 $17.03 3.40% $0.56 $17.59
20 Organics Cart Only $15.60 3.50% $0.55 $16.15 3.40% $0.53 $16.68 21 Up to Two Add’l
Recyclables and/or
Organics Carts
No Charge No Charge No Charge
22 Additional
Recyclables Cart,
Per Cart, Above 2
$10.27 3.50% $0.36 $10.63 3.40% $0.35 $10.98
23 Additional Organics
Cart, Per Cart,
Above 2
$7.78 3.50% $0.27 $8.05 3.40% $0.26 $8.31
24 Residential
Overloaded Cart
Fee
$14.00 $14.00
119
City of Solvang | Exhibit 10.01 – Rates
25 Residential Cart
Contamination Fee $12.50 $12.50
26 On-Call 4CY Temp
Bin, 7 Day Rental $148.37 3.50% $5.19 $153.56 3.40% $5.04 $158.60 27 Extra Pick-Up Temp $107.48 3.50% $3.76 $111.24 3.40% $3.65 $114.89 Row Service
2023/2024
Current
Rate
Percentage
Change
Effective
9/1/2024
Rate
Increase
or
Decrease
Proposed
Rate
Effective
9/1/2024
Percentage
Change
Effective
11/1/2024
Rate
Increase or
Decrease
Proposed
Rate
Effective
11/1/2024
Commercial Cart Services
28 96-Gallon Refuse
Cart $58.09 3.50% $2.03 $60.12 3.40% $1.98 $62.10
29 64-Gallon Refuse
Cart $49.34 3.50% $1.73 $51.07 3.40% $1.68 $52.75
30 32-Gallon Refuse
Cart $40.72 3.50% $1.43 $42.15 3.40% $1.38 $43.53
31 Add'l 96-Gallon
Refuse Cart $52.89 3.50% $1.85 $54.74 3.40% $1.80 $56.54 32 Add'l 64-Gallon
Refuse Cart $ 43.89 3.50% $1.54 $45.43 3.40% $1.49 $46.92 33 Add'l 32-Gallon
Refuse Cart $ 35.26 3.50% $1.23 $36.49 3.40% $1.20 $37.69 34 350-Gallon Refuse
Container $180.40 3.50% $6.31 $186.71 3.40% $6.13 $192.84 35 Two 350-Gallon
Refuse Containers $304.87 3.50% $10.67 $315.54 3.40% $10.37 $325.91 36 Add’l 350-Gallon
Refuse Containers $105.66 3.50% $3.70 $109.36 3.40% $3.59 $112.95 120
City of Solvang | Exhibit 10.01 – Rates
37 Reload 350-Gallon $85.42 3.50% $2.99 $88.41 3.40% $2.90 $91.31 38 Return Trip 350-
Gallon $30.57 3.50% $1.07 $31.64 3.40% $1.04 $32.68
39 350-Gallon
Recyclables
Container
$65.96 3.50% $2.31 $68.27 3.40% $2.24 $70.51
40 Two 350-Gallon
Recyclables
Containers
$118.57 3.50% $4.15 $122.72 3.40% $4.03 $126.75
41 Add’l 350-Gallon
Recyclables
Container
$44.99 3.50% $1.57 $46.56 3.40% $1.53 $48.09
42 96-Gallon
Recyclables Cart $19.66 3.50% $0.69 $20.35 3.40% $0.67 $21.02 43 Add’l 96-Gallon
Recyclables Cart $10.82 3.50% $0.38 $11.20 3.40% $0.37 $11.57 44 96-Gallon Organics
Cart $18.57 3.50% $0.65 $19.22 3.40% $0.63 $19.85
45 Add’l 96-Gallon
Organics Cart $12.93 3.50% $0.45 $13.38 3.40% $0.44 $13.82 46 Distance Fee: per
100' - Negotiated if
>500'
$3.52 3.50% $0.12 $3.64 3.40% $0.12 $3.76
47 Drive-In $9.05 3.50% $0.32 $9.37 3.40% $0.31 $9.68
48 Carry-Out $10.01 3.50% $0.35 $10.36 3.40% $0.34 $10.70 49 Commercial
Overloaded Cart Fee $17.68 $17.68
50 Commercial Cart
Contamination Fee $15.60 $15.60
121
City of Solvang | Exhibit 10.01 – Rates
Row Service
2023/2024
Current
Rate
Percentage
Change
Effective
9/1/2024
Rate
Increase
or
Decrease
Proposed
Rate
Effective
9/1/2024
Percentage
Change
Effective
11/1/2024
Rate
Increase or
Decrease
Proposed
Rate
Effective
11/1/2024
Commercial Bin Services
50 1.5CY Refuse 1x
Weekly $194.41 3.50% $6.80 $201.213.40% $6.61 $207.82
51 1.5CY Refuse 2x
Weekly $388.83 3.50% $13.61 $402.44
3.40% $13.22 $415.66
52 1.5CY Refuse 3x
Weekly $583.24 3.50% $20.41 $603.653.40% $19.83 $623.48 53 1.5CY Refuse 4x
Weekly $588.24 3.50% $20.59 $608.83
3.40% $20.00 $628.83
54 1.5CY Refuse 5x
Weekly $777.66 3.50% $27.22 $804.88
3.40% $26.44 $831.32
55 1.5CY Refuse 6x
Weekly $972.07 3.50% $34.02 $1,006.093.40% $33.05 $1,039.14 56 2CY Refuse 1x
Weekly $224.19 3.50% $7.85 $232.04 3.40% $7.62 $239.66
57 2CY Refuse 2x
Weekly $448.38 3.50% $15.69 $464.07 3.40% $15.24 $479.31 58 2CY Refuse 3x
Weekly $672.57 3.50% $23.54 $696.11 3.40% $22.87 $718.98 59 2CY Refuse 4x
Weekly $896.76 3.50% $31.39 $928.15 3.40% $30.49 $958.64 60 2CY Refuse 5x
Weekly $1,120.95 3.50% $39.23 $1,160.18 3.40% $38.11 $1,198.29 61 2CY Refuse 6x
Weekly $1,345.14 3.50% $47.08 $1,392.22 3.40% $45.73 $1,437.95 62 3CY Refuse 1x
Weekly $287.98 3.50% $10.08 $298.06 3.40% $9.79 $307.85 122
City of Solvang | Exhibit 10.01 – Rates
63 3CY Refuse 2x
Weekly $575.96 3.50% $20.16 $596.12 3.40% $19.58 $615.70 64 3CY Refuse 3x
Weekly $863.94 3.50% $30.24 $894.18 3.40% $29.37 $923.55 65 3CY Refuse 4x
Weekly $1,151.92 3.50% $40.32 $1,192.24 3.40% $39.17 $1,231.41 66 3CY Refuse 5x
Weekly $1,439.90 3.50% $50.40 $1,490.30 3.40% $48.96 $1,539.26 67 3CY Refuse 6x
Weekly $1,727.88 3.50% $60.48 $1,788.36 3.40% $58.75 $1,847.11 68 4CY Refuse 1x
Weekly $366.77 3.50% $12.84 $379.61 3.40% $12.47 $392.08 69 4CY Refuse 2x
Weekly $733.54 3.50% $25.67 $759.21 3.40% $24.94 $784.15 70 4CY Refuse 3x
Weekly $1,100.31 3.50% $38.51 $1,138.82 3.40% $37.41 $1,176.23 71 4CY Refuse 4x
Weekly $1,467.08 3.50% $51.35 $1,518.43 3.40% $49.88 $1,568.31 72 4CY Refuse 5x
Weekly $1,833.85 3.50% $64.18 $1,898.03 3.40% $62.35 $1,960.38 73 4CY Refuse 6x
Weekly $2,200.62 3.50% $77.02 $2,277.64 3.40% $74.82 $2,352.46 74 1.5CY Recyclables 1x
Weekly $136.09 3.50% $4.76 $140.85 3.40% $4.63 $145.48
75 1.5CY Recyclables 2x
Weekly $272.18 3.50% $9.53 $281.71 3.40% $9.25 $290.96
76 1.5CY Recyclables 3x
Weekly $408.27 3.50% $14.29 $422.56 3.40% $13.88 $436.44 77 1.5CY Recyclables 4x
Weekly $411.77 3.50% $14.41 $426.18 3.40% $14.00 $440.18 123
City of Solvang | Exhibit 10.01 – Rates
78 1.5CY Recyclables 5x
Weekly $544.36 3.50% $19.05 $563.41 3.40% $18.51 $581.92 79 1.5CY Recyclables 6x
Weekly $680.45 3.50% $23.82 $704.27 3.40% $23.14 $727.41 80 2CY Recyclables 1x
Weekly $151.35 3.50% $5.30 $156.65 3.40% $5.15 $161.80
81 2CY Recyclables 2x
Weekly $302.70 3.50% $10.59 $313.29 3.40% $10.29 $323.58 82 2CY Recyclables 3x
Weekly $454.05 3.50% $15.89 $469.94 3.40% $15.44 $485.38 83 2CY Recyclables 4x
Weekly $605.40 3.50% $21.19 $626.59 3.40% $20.58 $647.17 84 2CY Recyclables 5x
Weekly $756.75 3.50% $26.49 $783.24 3.40% $25.73 $808.97 85 2CY Recyclables 6x
Weekly $908.10 3.50% $31.78 $939.88 3.40% $30.88 $970.76 86 3CY Recyclables 1x
Weekly $178.78 3.50% $6.26 $185.04 3.40% $6.08 $191.12
87 3CY Recyclables 2x
Weekly $357.56 3.50% $12.51 $370.07 3.40% $12.16 $382.23 88 3CY Recyclables 3x
Weekly $536.34 3.50% $18.77 $555.11 3.40% $18.24 $573.35 89 3CY Recyclables 4x
Weekly $715.12 3.50% $25.03 $740.15 3.40% $24.31 $764.46 90 3CY Recyclables 5x
Weekly $893.90 3.50% $31.29 $925.19 3.40% $30.39 $955.58 91 3CY Recyclables 6x
Weekly $1,072.68 3.50% $37.54 $1,110.22 3.40% $36.47 $1,146.69 92 4CY Recyclables 1x
Weekly $221.22 3.50% $7.74 $228.96 3.40% $7.52 $236.48
124
City of Solvang | Exhibit 10.01 – Rates
93 4CY Recyclables 2x
Weekly $442.44 3.50% $15.49 $457.93 3.40% $15.04 $472.97 94 4CY Recyclables 3x
Weekly $663.66 3.50% $23.23 $686.89 3.40% $22.56 $709.45 95 4CY Recyclables 4x
Weekly $884.88 3.50% $30.97 $915.85 3.40% $30.09 $945.94 96 4CY Recyclables 5x
Weekly $1,106.10 3.50% $38.71 $1,144.81 3.40% $37.61 $1,182.42 97 4CY Recyclables 6x
Weekly $1,327.32 3.50% $46.46 $1,373.78 3.40% $45.13 $1,418.91 98 Overloaded /
Additional Volume of
Materials: 1.5CY
$31.00 3.5% $1.09 $32.09 3.4% $1.05 $33.14
99 Overloaded /
Additional Volume of
Materials: 2CY
$37.50 3.5% $1.31 $38.81 3.4% $1.28 $40.09
100
Overloaded /
Additional Volume of
Materials: 3CY
$44.65 3.5% $1.56 $46.21 3.4% $1.52 $47.73
101
Overloaded /
Additional Volume of
Materials: 4CY
$55.37 3.5% $1.94 $57.31 3.4% $1.88 $59.19
102 Extra Pick-Up / OnCall Bin: 1.5CY $77.25 3.5% $2.70 $79.95 3.4% $2.63 $82.58 103 Extra Pick-Up / OnCall Bin: 2CY $82.68 3.5% $2.89 $85.57 3.4% $2.81 $88.38 104 Extra Pick-Up / OnCall Bin: 3CY $90.94 3.5% $3.18 $94.12 3.4% $3.09 $97.21 105 Extra Pick-Up / OnCall Bin: 4CY $107.48 3.5% $3.76 $111.24 3.4% $3.65 $114.89 125
City of Solvang | Exhibit 10.01 – Rates
106
Contaminated
Commercial Bin:
1.5CY
$23.40 3.5% $0.82 $24.22 3.4% $0.80 $25.02
107 Contaminated
Commercial Bin: 2CY $31.20 3.5% $1.09 $32.29 3.4% $1.06 $33.35 108 Contaminated
Commercial Bin: 3CY $46.80 3.5% $1.64 $48.44 3.4% $1.59 $50.03 109 Contaminated
Commercial Bin: 4CY $62.40 3.5% $2.18 $64.58 3.4% $2.12 $66.70 Row Service 2023/2024
Current Rate
Percentage
Change
Rate
Increase or
Decrease
Proposed
Rate
Effective
9/1/2024
Roll Off Box / Compactor Services
110 Roll Off Haul Rate - All
Sizes $226.13 5.00% $11.31 $237.44
111
Roll Off, Rental Per
Day, applicable on 8th
day
$5.62 5.00% $0.28 $5.90
112 Relocation, Trip
Charges $95.14 5.00% $4.76 $99.90
113 Service - All Sizes $226.13 5.00% $11.31 $237.44
114 Compacted bins are charged at the double the regular commercial bin charge 115 Roll Off Tonnage Billed at the actual current per ton disposal or processing rate for Recycling, Organic and Refuse
Row Service 2023/2024
Current Rate
Percentage
Change
Rate
Increase or
Decrease
Proposed
Rate
126
City of Solvang | Exhibit 10.01 – Rates
Effective
9/1/2024
Commercial Charges - Other
116 Install Charge $39.95 5.00% $2.00 $41.95
117 Additional Delivery $39.95 5.00% $2.00 $41.95
118 Return Trip $33.07 5.00% $1.65 $34.72
119 Bin Exchange / Steam
Cleaning > 1x Annually $39.95 5.00% $2.00 $41.95
120 Repair of Burned Bin $71.91 5.00% $3.60 $75.51
121 Lock Installation /
Repair At Cost
122 Lock Repair At Cost
123 Standby - Per Minute $1.60 5.00% $0.08 $1.68
124 Collection Agency $15.98 5.00% $0.80 $16.78
125
Push Rate Every 25',
up to 200'- Negotiated
if >200'
$1.52 5.00% $0.08 $1.60
126 Lid Replacement:
1.5CY $42.66 5.00% $2.13 $44.79
127 Lid Replacement: 2CY $47.94 5.00% $2.40 $50.34
128 Lid Replacement: 3CY $55.93 5.00% $2.80 $58.73
129 Lid Replacement: 4CY $71.91 5.00% $3.60 $75.51
130 Monthly Bin Rental -
1.5 Cubic Yard $29.29 5.00% $1.46 $30.75
131 Monthly Bin Rental - 2
Cubic Yard $32.36 5.00% $1.62 $33.98
132 Monthly Bin Rental - 3
Cubic Yard $35.77 5.00% $1.79 $37.56
133 Monthly Bin Rental - 4
Cubic Yard $40.89 5.00% $2.04 $42.93
127
Exhibit 10.11
ATTACHMENT 4
EXHIBIT 10.11
Rate Adjustment Example for the 2023 Rate Year
128
City of Solvang | Exhibit 10.11 - Example Rate Adjustment
ATTACHMENT 4
Exhibit 10.11
Sample Annual Rate Adjustment
Step 1: Determine the Service Component Adjustment
Step 1a: Input the Values from the Bureau of Labor Statistics Consumer Price Index (CPI) Data Series
Step 1b: Calculate the Year-Over-Year Annual Average Change for the Prior Measurement Period and Current Measurement Period each with 12-Mos Ending March Select the applicable monthly values from the data series:
Calculate the change:
129
City of Solvang | Exhibit 10.11 - Example Rate Adjustment
Step 2: Determine the Diversion and Disposal Component Adjustment Step 2a: Calculate the Average Cost Per Ton for Each Diversion and Disposal Factor in the Prior Measurement Period and the Current Measurement Period Step 2b: Calculate Current Costs and Prior Costs Each Factor and the Total Current Cost and Total Prior Cost
Step 2c: Calculate the Blended Year Over Year Change in Diversion and Disposal Step 3: Finalize Rate Adjustment by Weight and Re-Weighting for Successive Annual Adjustment
Step 3a: Calculate the Weighted Annual Rate Adjustment
130
City of Solvang | Exhibit 10.11 - Example Rate Adjustment
Step 3b: Calculate the Re-Weighting for the Successive Annual Adjustment Step 4: Apply Annual Calculated Rate Adjustment to Current Rates See Sample Rate Sheet / Rate Adjustment Calculation
131
CITY OF SOLVANG
Applicant/Interested Party Campaign Contribution Disclosure Form 1644 Oak Street │ Solvang, CA 93463 │ www.cityofsolvang.com │ (805) 688-5575
APPLICANT/INTERESTED PARTY INFORMATION
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CONTRIBUTION DISCLOSURE (GOVERNMENT CODE SECTION 84308) Please list all contributions in excess of $250 (either as a single payment or in aggregate) made within the past 12 months to officers of the agency involved in the above-mentioned proceeding by any parties (applicants) or their agents or representatives, including corporations, limited liability companies (LLCs), or other business entities and principals thereof, that are affiliated with the above-referenced proceeding. You may attach additional pages as necessary to list contributions made to involved agency officers and provide additional information about the contributor's relationship with the recipient.
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☐ By checking this box I certify that I have not given any contributions consistent with Government Code Section 84308
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This form must be updated after each contribution, and no less than 45 days before any agency consideration regarding the abovereferenced application. Completion of this form does not waive or in any way impact a party's obligation to disclose such contributions over $250 on the record of the proceeding pursuant to Government Code section 84308(e).
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132
CITY COUNCIL STAFF REPORT
AGENDA ITEM 8.d
Meeting Date: July 22, 2024
SUBJECT: Discussion and direction to Staff regarding potential Zoning Code Amendments to implement Solvang 2045 General Plan.
PREPARED BY: Rafael Castillo, AICP, Planning Manager
DISCUSSION:
One of the City Council’s primary goals (#10) for the 2024-2026 fiscal cycle is to streamline the entitlement and building process to make it easier for residents and businesses to improve their properties. Streamlining the entitlement process promotes common sense regulations, economic development, and improves communication with the residents, business owners, and other customers.
A substantial part of this effort was adoption of the City’s General Plan, which occurred on July 8, 2024.
The General Plan is only the framework utilized for zoning regulations. It is a policy document that lays out a road map for changes needed to the City’s adopted Zoning Ordinance to implement the General Plan. The adopted Zoning Ordinance has remained virtually the same since its adoption in 1990. At its May and June 2024 meeting, City staff made a presentation to solicit feedback from the Planning Commission on three areas: Zoning Consolidation and revisions, existing land use definitions, and entitlement processing. City staff presented a set of preliminary objective design standards to the Design Review Committee (DRC) at its July 18, 2024 meeting and received feedback.
Currently the City’s zoning ordinance is not in conformance with the newly adopted General Plan. The following is a high-level overview of proposed amendments that were presented to both the Planning Commission and the DRC. City staff seeks direction on the proposed zoning ordinance amendments that have been crafted to meet Council Goals and implement the new General Plan.
Proposed Zoning Map Amendments
City staff proposes the following to consolidate some of the existing residential zones (Attachment A), while remaining other zones for ease of use and readability and provide consistency with the newly adopted General Plan Land Use Designations. The following zones are proposed to be merged:
• 20-R-1 and the DR 1.8 zones into a Residential Low Density (R-1) • 7-R-1,8-R-1, and DR-7 into a Residential Medium Density (R-2) zone. • DR-8, DR-12,DR-16,DR-20 into a Residential High Density (R-3) Zone. • For consistency with the proposed General Plan, an “Ag Tourist” zone will be created. • Eliminate the “AG” district and replace with various “Open Space (OS) district • Eliminate the “Recreation” District and replace it with a “Park” (P) district. • Rename various other districts to better align with their actual uses, which would provide Solvang its own zoning identity.
• Redesignated properties consistent with the recently adopted 2024 General Plan land use map.
The following table shows the proposed land use designations and their proposed corresponding zoning districts for consistency with the proposed General Plan Land Use designations. Proposed zoning districts would be consistent with the proposed General Plan Land Use Map. The proposed zoning map is shown in Attachment B.
133
Proposed General Plan Land
Use Designation
Existing Zoning
District Consistency
Potential Zoning
District Revisions
Proposed
Zoning Color
Guest Ranch (GR) - Ag Tourist (AT)*
Estate Residential (ER) 3-E-1 Estate Residential
(ER-3)
Low Density Residential (LDR) 1-E-1 Estate Residential
(ER-1)
Low/Medium Density
Residential (LMDR)
20-R-1 Residential Low
Density (R-1)* DR-1.8
Medium Density Residential
(MDR)
10-R-1 Planned Residential
(PR)*
7-R-1 Residential Medium
8-R-1 Density (R-2)*
DR-7
High Density Residential (HDR) DR-8 Residential High
DR-12 Density (R-3)*
DR-16
DR-20
Mobile Home Park (MHR) MHP Mobile Home Park
(MHR)
Light Industry (LI) M1 Light Industrial (LI)
Open Space/Recreation (OSPR) REC Park (P)
REC Open Space (OS)*
Tourist Commercial (TC) TRC Village Mixed-Use
(VMU)
Retail Commercial (RC) C-2 Retail Commercial
(CR)
General Commercial (GC) C-3 Heavy Commercial
(CH)
Professional/Office (PO) PO Professional Office
(PO)
Public/Institutional I Public Facility (PF)
*Denotes New Zones Created or consolidated
Zoning Ordinance Text Amendments
Along with the zoning map amendments, staff proposes various amendments to assist in re-organizing, streamline, and create internal consistency between the Zoning Ordinance and the proposed General Plan. The following is a general summary of proposed amendments. Staff seeks input on proposed amendments.
• Create clear implementation language including what is to occur for determinations, appeals, processing, and establish time limits for processing. Chapter 1 has been placed in “reserved” and re-organized after its initial adoption.
• Update the zoning code’s “definitions” for consistency with proposed land uses, updated definitions based on state statues, and elimination of uses no longer used or appropriate across all zones.
134
• Provide allowable uses and development standards in a clear and concise manner to assist both City staff, applicants, and developers in determining allowed uses, and regulation of development standards. In most cases, development standards have been relaxed in residential zones to facilitate additional property rights for property owners. In commercial zones, development standards have been relaxed in areas such as setbacks and landscaping in order to facilitate redevelopment of properties and maximize building potential. • Establish “Overlay Zones” and incorporate the Specific Plan (SP-2), previously adopted by the City Council and introduce two (2) design district overlay zones for consistency with the new Community Design Element.
• Revise the parking section, making clear distinctions where parking can be located and groups required parking via a table, similar to the allowed land use table. o One proposed amendment in the parking section includes language regarding “change in use”. It is assumed that an existing building was permitted and met parking standards in effect at the time of construction. Proposed language would not require any additional parking for a change in use that is an allowed use, with the exception of hotels or lodging units. This becomes an economic development incentive for existing restaurants, wine tasting, etc. to potentially expand and create additional economic vibrancy in the core commercial areas.
• Amend Supplemental Regulations to include standards for ADUs, animal keeping (previously in chapter 5), revised home occupation standards to modernize the text, revise child day care for consistency with State Law, standards for live work units, revisions to the setbacks for ease of use and consistency with other sections, revision to Density Bonus for consistency with State Law, new live entertainment/night clubs, and relocation of previous policies from other sections of the Zoning Ordinance.
• Streamline the permitting process by eliminating “land use permit” and “development plan” and instead utilizing “Zoning Clearances” that meet standards contained in the code for allowed uses with revised time frame reviews, and replacing development plans with development permits, clarifying submittal requirements and timeframes.
Attachment C includes revisions to development standards, allowed uses, parking, and the permitting process sections.
Design District Overlays
Overlay zones create additional regulations for a specific area to address specific needs or objectives.
It modifies standard zoning regulations that are provided by the Zoning Ordinance. Overlay zones are delineated “districts” or areas, frequently used to preserve sensitive environmental features, preserve historic buildings, prevent development on unstable or vulnerable land features, or promote specific types of development. Like other zoning regulations, overlay zones can control building and design, permitted land use, density, and other factors.
In this instance, city staff propose adoption of overlay zones as the district boundaries established by the General Plan (Attachment C) due to these districts covering multiple zoning districts. The proposed district overlays include:
• Village Area Design District (DD-1);
• Mission Design District (DD-2).
The purpose of the new overlay zones is to codify objective standards that all new development would need to follow. At minimum, the proposed standards would assist city staff, and applicants to set minimum expectations for development within the Village and mission design districts. These two overlay zones, the Village Area (DD-1) and the Mission Design (DD-2), include a basic set of objective design standards. The proposed standards include “objective” i.e. quantifiable standards that set minimum or maximum thresholds, that create standards and eliminate subjectivity. City staff intends these standards be the 1st step in moving towards additional objective standards. City staff recommends that these do move forward in order to ensure potential future development projects which are on the horizon do not skirt newly adopted policies, with few exceptions (i.e. density bonus housing). 135
It is expected that after adoption, a consultant will be hired to provide objective standards for housing development, and work with city staff, members of the public to refine the proposed objective design standards. These proposed standards are contained in Attachment C.
ALTERNATIVES:
There are no alternatives to this report.
FISCAL IMPACT:
City staff’s time to create amendments to the Zoning Ordinance based on direction.
ATTACHMENTS:
A – Existing Zoning Map
B – Proposed Zoning Map
C – Design District Overlays
D – Proposed Zoning Code Amendments
136
ZONING LEGEND
1-E-110-R-120-R-13-E-17-R-18-R-1
AG
C-2C-3DRIM-IMHPP-ORECRESTRC
RESIDENTIAL - 1 DWELLING UNIT / ACRERESIDENTIAL - 10,000 SQUARE FEETRESIDENTIAL - 20,000 SQUARE FEETRESIDENTIAL - 1 DWELLING UNIT / 3 ACRESRESIDENTIAL - 7,000 SQUARE FEETRESIDENTIAL - 8,000 SQUARE FEET
AGRICULTURAL
COMMERCIAL RETAILCOMMERCIAL GENERALDESIGN RESIDENTIALLIGHT INDUSTRYMOBILE HOME PARKPROFESSIONAL - OFFICERECREATIONALRESOURCE MANAGEMENTTOURIST RELATED COMMERCIAL
INSTITUTIONAL
©2016 BY CITY OF SOLVANG, ALL RIGHTS
RESERVED
THIS MAP IS FOR REFERENCE USE ONLY
PLEASE CONTACT THE SOLVANG PLANNING
DEPARTMENT FOR DETAILED INFORMATION
ABOUT ZONING.
W E
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26 DATE PRINTED: 05/23/2024
MAP FOR INFORMATIONAL PURPOSES ONLY
Zoning Map Amendments
Effective Date Ordinance No.
Mission Dr.
Laurel Ave.
Fir Ave.
Eucalyptus Dr.
Maple Ave.
Ave.
2nd Pl.
4th Pl.
Alisal Rd.
Pine St.
Alisal Rd. Alisal R Alisal R
1st St.
2nd St.
St.
St.
Copenhagen Dr.
Birch Dr.
Elverhoy Way
5th St.
Chalk Hill Rd.
Fredensborg Canyo n Rd.
Viborg Rd.
Alamo Pintado Rd.
Elisino re Dr.
Fir
Atterdag Rd.
4th
Elem Ave.
5th St.
Skytt Mesa Dr.
Solvang Mesa Dr.
N yst ed Dr.
Skagen Dr.
Kolding Ave.
Creekside Dr.
K
Reb lid Dr
Holly Ln
Old Mission Rd.
Valley O ak Rd.
Pistach Ave ach Ave
Sawleaf Ln.
Olesen Dr.
Coast Oak Dr.
Solvan
Pistac
Oak Ridge Rd.
1 2
3 4
h A
5 v
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8 9
10 10
11 11
14 15 16
17 18
19 20
21 22 23
24 25
26 30
31 32 33
34 35
en
36 D
37 30
37 38
27 28
29 en D
12 nhagen D nhagen D
13 Alborg Wy.
Rd.
Eucalyptus Dr.
Oak St.
Oster Sted
Vester Sted
17 16
Sted
Aarh u s Dr.
3r d St.
Willow Dr.
Alisal Mesa
Valhall a D r.
Odin Way
Freya Dr
25 Alisal Rd.
Alisal Rd. Alisal Rd.
Rancho Alisal Rd.
27 Rancho Alisal Rd
anch
Riley Rd.
F airway Pl
Fai rway Dr.
22 23
24 Fjord Dr.
24 Juniper Ave.Juniper Ave
Manzanita Dr.
Junip
D
1st St
.
20 3rd St.
Windmill Ln
Coyote Creek Rd.
Dr.
Ringsted Dr.
Ro
33 skilde Rd
Village Ln.
Alamo Pintado Cr
eek
F
F
Ali sal Creek
Santa Ynez River
Unincorporated
Santa Barbara County
Unincorporated
Santa Barbara County
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R-2 R-2
R-2
R-2
R-3
R-3
R-3
R-3
VMU VMU
VMU
VMU
VMU VMU
R-3
R-3
R-3
R-3
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R-2
R-2
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ER-1
ER-1
ER-1
ER-1
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CR
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OP
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P
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26 City of Solvang
California
Official Zoning Map
Street Names
Legend
City Limits
Creeks & Rivers
Specific Plan (SP2)
Agriculture Tourist (AT) Village Mixed-Use (VMU)
Retail Commercial (CR)
Heavy Commerical (CH)
Professional Office (PO)
Light Industrial (LI)
Public/Institution (PI)
Park (P)
Open Space (OS)
Estate Residential (ER-3)
Estate Residential (ER-1)
Residential Low Density (R-1)
Planned Residential (PR)
Residential Medium Density (R-2)
Residential High Density (R-3)
Mobile Home Park (MHR)
1. Myrtle Ct.
2. Peterson Ave.
3. Park View Trail
4. Rosenvej
5. Mid Mesa Dr,
6. Hans Park Trail
7. Aebeltoft Way
8. Bakke Way
9. Aalborg Way
10. Kronborg Dr.
11. 4th Pl.
12. Park Way
13. Molle Way
14. Ash Ln.
15. Vester Hof
16. Midten Hof
17. Nykobing
18. Sycamore Way
19. Esrom Dr.
20. Mountain View Dr.
21. Pepperwood Way
22. Sandalwood Way
23. Ironwood Way
24. Hickory Way
25. 1st Ct.
26. 3 Spring Rd.
27. Buttonhook Rd.
28. Oxbow Pl.
29. Bow Pl.
30. Honey Locust Ct.
31. Hindfell Way
32. Vigard Dr.
33. Nordentoft Way
34. Hornbeck Pl.
35. Augustenborg Pl.
36. Ringsted Pl.
37. Hillside Dr.
38. Aquaduct Way
DRAFT NOT ADOPTED
Alisal Rd. Alis
1st St. 1st St. 1st St. 1st St.
2nd St. 2nd
St.
2nd
St.
Birch Dr. Birc
1st
Birch Dr Birch Dr
Elverhoy Way Elverhoy WayElverhoy WayElverhoy Way rhoy Way rhoy Way rhoy Way 5th St. 5th St. 5th St. 5th
Mesa Dr.
e
Sawle Ln. af
Ol
L
Dr.
sa
Olesen Dr
Coast Oak Dr.
Oak
3 4
eaf L
5 14
2nd
18 19
Oak St.
OsterO
Birc
St.
19 Alisal Mesa
Valhall a D r.
Odin Way
a
19 a
Odi
Freya Dr
R-3 R-3
VMU VMU
VMU
R-2
R-2 Elverhoy Way Elverhoy Elverhoy Elverhoy
PR
PI
Official Zoning Map
City Limits
Creeks & Rivers
Specific Plan (SP2)
Agriculture Tourist (AT)
Retail Commercial (CR)
Heavy Commerical (CH)
Professional Office (PO)
Light Industrial (LI)
Public/Institution (PI)
Park (P)
Open Space (OS)
Estate Residential (ER-3) DRAFT NOT ADOPTED
ALISAL
MISSION
OAK
ELM
FIFTH
FJORD
FIR
LAUREL
THIRD
MAPLE
CHALK HILL
ODIN
AARHUS
ATTERDAG
AARS
ODBY
WILLOW
PARK
MOLLE
GLEN
JUNIPER
FREYA
BIRCH
SECOND
ELVERHOY
ALISAL MESA
VALLEY OAK
FIRST
PISTACHE
VALHALLA
MANZANITA
ALNOR
ASH
MESA
HANS PARK
ACORN
ROSKILDE
COPENHAGEN
ESROM
SAWLEAF
FOURTH
VESTER STED
SORO
ELSINORE
EUCALYPTUS
AALBORG
ROSENVEJ
SOLVANG MESA
AEBELTOFT
BAKKE
OLESEN
FLORAL
NYKOBING
OSTER STED
KRONEN
SIERRA VISTA
SYCAMORE
AMBER
MOUNTAIN VIEW
HICKORY
NORDENTOFT
IRONWOOD
PEPPERWOOD
SECOND
FOURTH
COPENHAGEN
FIRST
FOURTH
SORO
FIRST
FIRST
EUCALYPTUS
AALBORG
Design Districts
¯ 0 0.075 0.15 0.3 Miles
Source: City of Solvang, 2022; Mintier Harnish, 2024.
June 17, 2024
Legend
Village Area Design District
Mission Design District
Service Layer Credits: Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community Village Area Design District
139
ALISAL
MISSION
VIBORG
PINE
ALAMO PINTADO
REBILD
KOLDING
HOLLY
LADAN
ODIN
OLD MILL
SKAGEN
RANCH
MAPLE
HILLSIDE
EUCALYPTUS
LAUREL
OLD MISSION
NYSTED
CREEKSIDE
IVY
FREYA
FIR
ALISAL MESA FREDENSBORG CANYON
HIGH MEADOW
AQUEDUCT
RINGSTED
ROSKILDE
VALHALLA
PARK
KRONEN
VILLAGE
COLLEGE CANYON
SECOND
FREDENSBORG
COYOTE CREEK
WINDMILL
ADOBE CREEK
HWY 246
FLORAL
ASKOV
OVERDEL
ADELGADE
VIGARD
MISSION SANTA YNEZ
FIRST
HORNBECK
AMBER
LILLEBAKKE
HINDFELL
Design Districts
¯ 0 0.1 0.2 0.4 Miles
Source: City of Solvang, 2022; Mintier Harnish, 2024.
June 17, 2024
Legend
Village Area Design District
Mission Design District
Service Layer Credits: Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community Mission Design District
140
Chapter 5
AGRICULTURAL TOURIST (AT) ZONE
§ 11-5-1 Purpose and intent.
The purpose of the Agricultural Tourist (AT) is to designate lands appropriate for agricultural tourist uses, as defined on the general plan land use designation map and element. The intent is to provide standards which will support agriculture tourism. § 11-5-2 Allowable Land Uses and Permit Requirements
Table 11.2 – Agriculture Tourist Zone Allowable Land Uses and Use Permit Requirements1 Land Use AT1 Specific Use Regulations
Recreation, Education, & Public Facilities
Agricultural grazing P
Public trails P
Golf Course CUP
Meeting Facility Public or Private CUP
Residential
Accessory Dwelling Unit P Section 11-12-3
Accessory Structure P Section 11-12-2
Agriculture Employee Housing P Section 11-12-26
Caretaker Dwelling Unit CUP Section 11-12-10
Services
Guest Ranch CUP
Transportation & Infrastructure
Parking Facility CUP Section 11-11
Telecommunication Facility CUP Section 11-18
Utilities Facility CUP Section 11-12-20
Underground Utilities Facility CUP Section 11-12-20
End Note
1. Permits Required. All uses identified as permitted or “P” may require approval of one or more of the following planning applications (as well as a building permit if a new or modified structure is involved):
Zoning Clearance (Section 11-16-3)
Development Plan (Section 11-16-4);
Legend
P Permitted Use
CUP Conditional Use Permit Required
-- Use Not Allowed
141
§ 11-5-3 Agriculture Tourist Development Standards.
Table 11.3 – Agriculture Tourist Zone Development Standards AT
Building Placement Requirements1
Setbacks
Front 25’
Side 20’
Rear 20’
Building Form Requirements
Building Height (max.) 35’
Density Requirements
Residential Density (units/acre) –
maximum 20 du/acre
FAR - maximum 0.34
Lot Requirements
Lot size (min.) 15 gross acres
Other Requirements
Landscaping (min.) N/A
Fences, Walls and Screening See Section 11-12-14
Parking See Section 11-11
Signs See Section 11-13
End Note
1. Measured from property line
142
Chapter 6
RESIDENTIAL ZONING DISTRICTS
§ 11-6-1 Purpose and intent.
This Chapter lists the residential zones as established by Section 11-4-2 (Official Zoning Map and Zones), and establishes the types of land uses allowed and development standards in each residential zone.
§11-6-2 Residential Zones Defined.
A. Estate Residential (ER-1/ER-3). The Residential Estate zone is intended to accommodate detached large lot, estate ranch type residential dwelling units not to exceed one (1) dwelling units per three (3) per acres for the ER-3 zone, and one (1) dwelling unit per acre for the ER-1 zone. Additional units and or lot splits may be allowed pursuant to the California Government Code. Public and quasi-public uses, and similar or compatible uses may be appropriate.
B. Residential Low Density (R-1). The Residential Low Density zone is intended to accommodate detached residential dwelling units not to exceed one (1) dwelling units per acre. Additional units or lot splits may be allowed pursuant to the California Government Code. Public and quasi-public uses, and similar or compatible uses may be appropriate.
C. Planned Residential (PR). The Planning Residential zone is intended for detached residential developments typically of single unit detached dwellings that typically includes infrastructure and/or open spaces maintained by a financing mechanism such as a landscape and lighting district, Homeowners Association, etc. Density range of up to two (2) dwelling units per acre is permitted. Additional units, including attached dwellings or lot splits may be allowed pursuant to the California Government Code.
D. Residential Medium Density (R-2). The Residential Medium density zone is intended for single- and multifamily residential development typically comprised of detached single-family and/or medium-density, multi- family residences on smaller parcels.
Density for proposed developments is three (3) units to the acre up to eight (8) units per acre. Public and quasi-public uses, and similar or compatible uses may also be appropriate.
E. Residential High Density (R-3). The Residential High Density Residential Zone is intended to accommodate small-lot detached and attached multi-unit residential dwellings at densities ranging from eight (8) units to the acre not exceeding 20 units per acre. These properties could have increased density based on State Law. Public and quasi-public uses, and similar or compatible uses may also be appropriate
F. Mobile Home Park (MHR). The Mobile Home Park zone is tended for the development of mobile home parks. The residential densities shall be up to eight (8) units to the acre. §11-6-3 Allowable Land Uses and Permit Requirements
Table 11.4 – Residential Zones Allowable Land Uses and Use Permit Requirements1 Land Use ER-3 ER-1 R-1 PR R-2 R-3 MHR
Specific Use
Regulations
Residential
143
Table 11.4 – Residential Zones Allowable Land Uses and Use Permit Requirements1 Land Use ER-3 ER-1 R-1 PR R-2 R-3 MHR
Specific Use
Regulations
Accessory Dwelling Units P P P P P P P 11-12-3
Accessory Structures P P P P P P P 11-12-2
Animal Keeping P P P P P P P 11-12-4
Communal Housing CUP CUP
Day Care – Small or Large Family P P P P P P P 11-12-6
Hobby Farm2 P P
Home Occupation P P P P P P P 11-12-5
Mobile Home Park CUP 11-6-5
Mobile Home P P P P P P P 11-12-11
Multi-Unit Attached Dwellings P P P
Multi-Unit Detached Dwellings/Cluster
Development
P P
Residential Care Facilities 1-6 clients P P P P P P
Residential Care Facilities 7 or more
Clients
CUP CUP CUP CUP CUP CUP
Single Room Occupancy Facilities P P
Short Term Rental P 11-12-30
Single Unit Dwelling P P P P P P
Two-Unit Housing
Developments/Duplexes
P P P P
Transitional and Supportive housing P P P P P P P 11-12-35 Recreational, Education & Public
Assembly
Meeting Facility Public or Private CUP CUP CUP CUP CUP CUP Park, Playground (Public) P P P P P P P
Public or Quasi Public Facility CUP CUP CUP CUP CUP CUP Transportation and Infrastructure
Parking Facility CUP CUP 11-11
Telecommunication Facility CUP CUP CUP CUP CUP CUP CUP 11-18 Utilities Facility CUP CUP CUP CUP CUP CUP CUP 11-12-20 End Note
1. Permits Required. All uses identified as permitted or “P” may require approval of one or more of the following planning applications (as well as a building permit if a new or modified structure is involved):
a. Zoning Clearance (Section 11-16-3)
b. Development Permit (Section 11-16-4)
144
Table 11.4 – Residential Zones Allowable Land Uses and Use Permit Requirements1 Land Use ER-3 ER-1 R-1 PR R-2 R-3 MHR
Specific Use
Regulations
Legend
P Permitted Use
CUP Conditional Use Permit Required
-- Use Not Allowed
145
§ 11-6-4 Residential Development Standards.
Table 11-5– Residential Zones Development Standards
ER-3 ER-1 R-1 PR R-2 R-32 MHR Specific Regulations
Building Placement Requirements
Setbacks (minimum, in feet)
Front (in feet): 25’ 25’ 20’ 20’ 15’ 10’ 15’ 11-12-16
Side 10’ 10’ 10’ 5’ 5’ 5’ 5’
Street Side 15’ 15’ 15’ 15’ 10’ 5’ 5’
Rear 25’ 25’ 10’ 10’ 5’ 5’ 10’
Building Form Requirements
Building Height
(maximum, in feet)
25’ 25’ 25’ 25’ 35’ 35’ 25’
Lot Coverage
(maximum)
30% 30% 30% 50% 60% 60% 60% 11-12-16
Distance between
buildings (in feet)
10’ 10’ 6’ 6’ 6’ 6’ 6’
Density Requirements
Density (units/gross
acre1) – minimum
3 82
Density (units/gross
acre1
) – maximum
1 /
3 ac
1 1 2 8 20 8
Lot Requirements
Lot Size
(minimum square feet,
unless noted)
3 acres 1 acre 20,000 10,000 6,000 2,178 4,000
11-12-16
Lot Width (minimum, in
feet)
100’ 100’ 100’ 80’ 60’ 30’ 40’
Lot Depth (minimum, in
feet)
100’ 100’ 100’ 90’ 70’ 50’ 70’
Other Requirements
Landscaping - minimum 30% 30% 25% 20% 10% 10% 15% Section 11-12-19 Fences, Walls &
Screening
See Section 11-12-14
Parking See Chapter 11-11
End Notes
1. “Gross Acreage” shall be defined as the entire area of a lot measured to the center line of the street and including all rights of way or easements granted to the City or other public agencies.
2. Housing sites identified in the Housing Element shall have a minimum density of 20 du/acre. 146
CHAPTER 7
COMMERCIAL & INDUSTRIAL ZONING DISTRICTS
§ 11-7-1 Purpose and intent.
This Chapter lists the commercial and industrial zones as established by Section 11-4-2 (Official Zoning Map and Zones) and establishes the types of land uses allowed and development standards in each commercial and industrial zone.
§11-7-2 Commercial and Industrial Zones Defined.
A. Light Industrial (LI). The Light Industrial zone is intended to accommodate a range of light industrial characterized by light manufacturing, research and development facilities, warehouses, and processing facilities. Maximum Floor Area Ration (FAR) is 0.75.
B. Heavy commercial (CH). The Heavy Commercial zone is intended to accommodate for large scale commercial establishments and is characterized by wholesale, heavy commercial uses, and residential mixed-use development. Residential is permitted in this designation only in a vertical mixed-use format. For vertical mixed-use developments, the ground floor shall remain a non-residential use. Maximum FAR is 0.65. Maximum allowable residential density shall be 20 units per acre.
C. Retail Commercial (CR). This Retail Commercial zone is intended for uses that serve the everyday needs of residents. This designation is characterized by specialty shops, grocery stores, personal service establishments, and residential mixed-use development.
Residential is permitted in this designation only in a vertical mixed-use format. For vertical mixed-use developments, the ground floor shall remain a non-residential use.
Maximum FAR allowed is 1.0, and allowable residential density shall be up to 20 units per acre.
D. Village Mixed-Use (VMU). The Village Mixed-Use zone is intended for a mix of commercial establishments, residential, professional office, hotels, hospitality uses, visitor-serving uses, and entertainment venues. This designation provides for a variety of uses with an emphasis on visitors-serving within the Danish theme downtown area. The ground floor shall remain a non-residential use for all vertical mixed-use developments, and horizontal mixed-use developments are permitted so long as the front facing uses are commercial retail/service uses. Maximum FAR allowed is 3.0, and allowable residential density shall be up to 20 units per acre.
E. Professional Office (PO). The Professional Office zone is intended for a range of office uses and is characterized by medical centers, general office uses, and residential mixeduse development. Residential uses are permitted in this designation only in a vertical mixed-use format. The ground floor shall remain a non-residential uses for all vertical developments. Maximum FAR allowed is 0.65 with a maximum density of 20 dwelling units per acre.
§11-7-3 Allowable Land Uses and Permit Requirements
147
Table 11.6 – Commercial & Industrial Zones Allowable Land Uses and Permit Requirements1 Land Use LI CH CR VMU OP Specific Use
Regulations
Industry, Manufacturing & Processing
Storage - Warehouse P P
Storage – Outdoor CUP CUP
Storage – Personal Storage Facility CUP CUP
Storage – Vehicles CUP CUP
Research and Development / Technology Uses P P P
Media Production P P P P
Manufacturing - Artisan P P P
Manufacturing/Processing, Light P P P
Manufacturing/Processing, Medium P P
Manufacturing/Processing, Heavy CUP CUP
Recycling – Processing Facility CUP CUP
Recycling – Small Collection Facility P P P P
Winemaking / Distillery Making P P
Recreation, Education & Public Assembly
Public or Quasi-Public Facility CUP CUP CUP CUP CUP
Park, Playground (Public) P P P P P
Specialized Education/Training/vocational CUP CUP CUP P Meeting Facility Public or Private CUP CUP CUP CUP CUP
Commercial Recreation Facility – Indoors P P CUP P
Commercial Recreational Facility – Outdoors CUP CUP CUP Health/Fitness Facility P P P P
Studio – Art, Dance, Martial Arts, other instruction P P P P P Certified Farmers' Market X CUP P
Residential
Accessory Dwelling Unit P P P 11-12-2
Home Occupation P P P 11-12-5
Short Term Rental P 11-12-30
Mixed-Use Project3 CUP CUP CUP CUP
Single room occupancy CUP
Live/Work Unit CUP CUP CUP CUP 11-12-9
Transitional and Supportive Housing P P P
Single Unit Dwelling P2
Residential Care Facilities 1-6 clients2 P
Day Care – Small or Large Family2 P 11-12-6
Retail
Adult Oriented Business CUP 11-14
Automobile Service and Repair6 CUP CUP CUP
148
Table 11.6 – Commercial & Industrial Zones Allowable Land Uses and Permit Requirements1 Land Use LI CH CR VMU OP Specific Use
Regulations
Lumber and building materials sales yard P P
Lumber and building materials sales yard, indoor
only
P P P P
General Retail except the following: P P P P
Alcoholic Beverages CUP CUP
Outdoor Sales Yard CUP CUP CUP
Bar/Tavern CUP P
Wine & Distillery Tasting P P CUP P CUP
Microbrewery / Tap Room P CUP P CUP
Live Entertainment CUP 11-12-34
Restaurant4 P P P
Outdoor Barbecues CUP CUP
Formula Restaurants P 11-12-7
Walk-up window P 11-12-7
Live Entertainment CUP CUP CUP
Medical Cannabis Retailer CUP 11-12-XX
Vehicle Sales P P
Services
Vehicle Repair and Service P P CUP
Childcare Facility P P P P 11-12-6
Lodging CUP P
Financial institutions P P P
Office – Business/Service P P P P P
Office – Professional P P P P P
Personal Services P P P P
Personal Services -Restricted CUP CUP CUP
Mechanical car wash CUP CUP
Animal Care Facility P P P P
Medical Services – Hospital CUP
Medical Services – Clinic/Urgent Care P P P
Medical Services – Doctor’s Office P P P P
Medical Services – Extended Care Facility CUP CUP
Business Support Services P P P P P
Maintenance Services – Client Site Services P P
Repair Services – Small Equipment P P P P P
Repair Services – Large Equipment P P
Vehicle Rental P P CUP P
Vehicle Charging Stations P P P P P
Equipment Rental P P P
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Table 11.6 – Commercial & Industrial Zones Allowable Land Uses and Permit Requirements1 Land Use LI CH CR VMU OP Specific Use
Regulations
Catering and Commercial Kitchen Services P P P CUP P
Transportation & Infrastructure
Parking Facility CUP CUP CUP CUP CUP 11-11
Telecommunication Facility CUP CUP CUP CUP CUP 11-18
Utilities Facility CUP CUP CUP CUP CUP 11-12-20
Underground Utilities Facilities CUP CUP CUP CUP CUP 11-12-20 End Note
1. Permits Required. All uses identified as permitted or “P” may require approval of one or more of the following planning applications (as well as a building permit if a new or modified structure is involved):
a. Development Plan (Section 11-16-4);
b. Zoning Clearance (Section 11-16-4)
2. Single Family Residence. An existing single family residence is permitted including an addition or expansion consistent with underlying zoning standards with a zoning clearance. No new single family residences permitted after the effective of this date. Conversions of a single-family residence into a horizontal or vertical mixed-use shall require a Conditional Use Permit approval be consistent with Footnote 3.
3. Mixed-Use. Multi-family residential is permitted under the following conditions:
a. Residential uses are not permitted on the ground floor of mixed-use development or facing the dominant/primary street within horizontal mixed-use projects. b. Mixed-Use projects outside of the Design District Overlay zones shall be limited to no more than 49% of the total floor area uses of proposed non-residential uses.
4. Outdoor Barbecues. Use is associated with a food serving use on the same site licensed by the Santa Barbara County health department and operated pursuant to the policies and standards adopted by city council resolution.
6. Automobile Service and Repair. No fuel is stored above ground.
Legend
P Permitted Use
CUP Use Permit Required
-- Use Not Allowed
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§ 11-7-4 Commercial and Industrial Development Standards.
Table 11.7 – Commercial and Industrial Zones Development Standards LI CH CR VMU OP Specific Regulations
Building Placement Requirements
Setbacks (minimum)
Front (measure from edge of right of way)
Building 20’ 10’1 10’2 0’3 15’
Side 10’ 0’ 0’ 0’3 15’
Street Side
10’ 0’ 0’ 0’3 15’
Rear
Adjacent to Residential Zone
0’
50’
0’
20’
10’
10’
10’
10’
15’
10’
Building Form Requirements
Building Height - maximum 35’ 35’ 35’ 35’ 35’
Coverage - maximum 50% 50% 70% 100% 40%
Distance Between Buildings 6’ 6’ 0’4 0’4 10’
Density Requirements
Residential Density (units/acre) –
maximum 20 20 20 20
FAR - maximum 0.75 0.65 1.0 3.0 0.65
Lot Requirements
Lot size - minimum square feet
Lot Width - minimum 50’ 50’ 50’ 50’ 50’
Other Requirements
Landscaping - minimum 10%
Fences and Screening See Section 11-12-14
Parking See Chapter 11-11
Signs See Chapter 11-13
End Notes
1. Front Setback Encroachment. Open canopies, porches, roofed or unroofed, and similar accessory structures may encroach not more than six (6) feet into the front setback area, provided that in no event shall such structures encroach upon a public street right-of-way unless an encroachment permit is issued by the city and Caltrans where applicable.
2. Front Setback Encroachment. No structure including open canopies, porches, roofed or unroofed, and similar accessory structures may encroach upon a public street right-of-way unless an encroachment permit is issued by the city and Caltrans where applicable.
3. Setbacks for Existing Single Family Residences. Existing single family proposing to additions or expansions shall have a minimum front and side street setback of 10 feet, and 5-feet on the side setback.
4. Residential Density. “Gross Acreage” shall be defined as the entire area of a lot measured to the center line of the street and including all rights of way or easements granted to the City or other public agencies for the purposes of calculating density.
5. Architectural Features in the VMU. Architectural features may not exceed 50 feet in height. Refer to Chapter 19
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CHAPTER 8
PUBLIC /INSTITUTIONAL ZONING DISTRICT
§ 11-8-1 Purpose and intent.
The purpose of the Public Facility/Institutional (PI) is intended to accommodate a variety of public and quasi-public uses, and is characterized by schools, places of assembly, hospitals, and public utility facilities, as defined on the general plan land use designation map and element. § 11-8-2 Allowable Land Uses and Permit Requirements
Table 11.8 – Public/Institutional Zone Allowable Land Uses and Permit Requirements1 Land Use PI Specific Use Regulations
Recreation, Education & Public Assembly
Park, playground (public) P
Public Trails P
Public or Quasi Public Facility P
Community Gardens P
Meeting Facility Public or Private CUP
Cemetery CUP
Services
Medical Services – Hospital CUP
Transportation & Infrastructure
Parking Facility P 11-11
Telecommunication Facility CUP 11-18
Utilities Facility CUP 11-12-20
Underground Utilities Facility CUP 11-12-20
1. Permits Required. All uses identified as permitted or “P” may require approval of one or more of the following planning applications (as well as a building permit if a new or modified structure is involved):
a. Zoning Clearance
b. Development Plan
Legend
P Permitted Use
CUP Conditional Use Permit Required
§ 11-8-3 Public/Institutional Development Standards.
A. Development standards in the Public Facility/Institutional Zone shall be determined by the Review Authority as part of the development plan application. 152
CHAPTER 9
PARK & OPEN SPACE ZONING DISTRICTS
§ 11-9-1 Purpose and intent.
This Chapter lists the commercial and industrial zones as established by Section 11-4-2 (Official Zoning Map and Zones) and establishes the types of land uses allowed and development standards in each park and open space district.
§ 11-9-2 Allowable Land Uses and Permit Requirements.
Table 11.10 – Park & Open Space Districts Zone Allowable Land Uses and Permit Requirements1
Land Use P OS Specific Use
Regulations
Recreation, Education & Public Assembly
Park, playground (public) P
Public Trails P P
Community Gardens P P
Golf courses CUP CUP
Public or Quasi Public Facility P
Meeting Facility Public or Private CUP
Residential
Caretakers Residence CUP
Transportation & Infrastructure
Parking Facility CUP CUP 11-11
Telecommunication Facility CUP CUP 11-18
Utilities Facility CUP CUP 11-12-20
Underground Utilities Facility CUP CUP 11-12-20
1. Permits Required. All uses identified as permitted or “P” may require approval of one or more of the following planning applications (as well as a building permit if a new or modified structure is involved):
a. Zoning Clearance
b. Development Plan
Legend
P Permitted Use
CUP Conditional Use Permit Required
§ 11-9-3 Allowable Land Uses and Permit Requirements.
A. Development standards in the Park and Open Space Zones shall be determined by the Review Authority as part of the development plan application. 153
Chapter 11
OFF-STREET PARKING AND LOADING
§ 11-11-1 Purpose and intent.
The purpose of this chapter is to assure the provision and maintenance of safe, adequate, well designed off-street parking facilities in conjunction with any use or development. The intent is to reduce street congestion and traffic hazards and to promote an attractive environment through design and landscaping standards for parking areas. The standards set forth in this chapter shall be considered minimums, and more extensive parking provisions may be required by the planning commission as a condition of project approval. (Ord. 90-112, 1990)
§ 11-11-2 Applicability.
A. New buildings. Parking shall be provided in accordance with this Section at the time any main building or structure is erected, or any new land use or new residential unit is established.
B. Existing Buildings and Land Uses. Existing buildings and land uses that are conforming or nonconforming to the requirements of this Section may be changed, altered, or enlarged as follows:
1. Residential Building and Uses.
a. Additions to existing residences which are no greater than 500 square feet are not required to meet the parking standards of this Section, but shall be required to retain the number and type (covered or uncovered) of existing parking spaces. b. Additions greater than 500 square feet are required to comply with parking standards in this Section; however, the Review Authority may make minor exceptions for parking space dimensions if it can be demonstrated that it is unreasonable or impractical.
2. Non-Residential Buildings and Uses.
a. Additions. Where an addition of floor area creates an increase of 10 percent or more of the existing square footage, additional parking as required in Table 11.X shall be provided for the increase in parking required for the addition. i. The existing parking shall be maintained.
ii. If the number of existing parking spaces is greater than the requirements for such use, the number of spaces in excess of the prescribed minimum may be counted toward meeting the parking requirements for the addition.
b. Change in Use. Where an existing land use is changed to another permitted land use, parking shall be provided in accordance with this Section except as follows. i. Village Mixed-Use (VMU), Commercial Retail (CR). No additional off-street parking is required for a change in use of an existing structure in the Village Mixed-Use and Commercial Retail (CR) zones, with the exception of lodging, hotel, and short term rentals.
c. Same Use. Where an existing use is proposed to be replaced with the same use that previously occupied the building, no additional parking is required. 154
C. When constructed. Parking facilities required by this Section shall be constructed or installed prior to the issuance of a Certificate of Occupancy for the uses that they serve.
Unless otherwise provided in the specific, applicable district, the provisions of this chapter shall apply to all appropriate uses and development.
(Ord. 90-112, 1990)
§ 11-11-3 Parking space regulations.
A. Maintenance. No parking area or parking space provided for the purpose of complying with the provisions of this chapter shall thereafter be eliminated, reduced or converted in any manner unless equivalent facilities approved by the city are provided elsewhere in conformity with this chapter. The permit for the use for which the parking was provided shall immediately become void upon the failure to comply with the requirements of this chapter.
B. Recalculation on Change of Use. Upon the change of any use, the number of parking spaces to be provided shall be calculated according to the requirements of this chapter only for the new use. Any previous parking modifications granted by the planning commission, planning manager shall be null and void.
(Ord. 90-112, 1990; Ord. 22-0355 § 32)
§ 11-11-4 Parking space size, location and design.
A. Size.
1. Residential Pparking spaces shall be eight and one-half9 (8-1/2) feet wide by sixteen and one-half (16-1/2)18 feet long.
2. Nonresidential parking spaces shall be nine feet wide by sixteen and one-half (16-1/2) feet long.
32. Compact Car Spaces. Thirty percent of the required parking for nonresidential uses may be provided as compact car spaces. Compact car spaces shall have a size of eight feet by fourteen and one-half (14-1/2) feet. Every stall designed to accommodate compact cars shall be clearly marked as a compact car stall.
B. Location. Parking spaces shall not be located within required setback areas except as otherwise noted in this Zoning Code and as allowed below.
1. Off-street parking spaces shall not be located in the required front or side yard setback area unless specifically permitted in the applicable district regulations. Provisions shall be made for direct access from the street to each parking space. Such access shall be adequate for standard size automobiles unless the parking area is restricted to compact cars.Single Unit Dwellings. Parking may be located within the setback area if the following standards are met:
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a. A minimum of dimension of 9 foot by 18-foot for each space. b. All parking spaces are located behind an existing or future sidewalk, as determined by the City Engineer.
c. Parking shall be located on a paved surface.
2. Multi-Unit Attached and detached dwellings in Residential Zones. Parking may be located within a side setback or rear setback area.
23. For all types of dwellings, the required parking spaces shall be provided on the same site on which the dwelling(s) is located.
34. For nonresidential structures or uses, the required parking spaces shall be provided within 500 feet of the main building or site, if there is no main building, as measured along streets not including alleys. Off-site parking shall be secured by a recorded document approved by the city attorney. The agreement shall include:
a. A guarantee from the landowner for access to and use of the shared parking facility; and
b. A guarantee that the spaces to be provided will be maintained and reserved for the uses served for as long as such uses are in operation.
C. Construction and Design.
1. All parking areas shall be graded and haveinclude a drainage plan subject to review and approval provided so as to dispose of all surface water without erosion, flooding and other inconveniences or hazardsby the City Engineer.
2. Uncovered parking areas and driveways shall be paved with a minimum of two inches of asphalt, concrete or equivalent on a suitable base.
3. Parking spaces shall be marked and access lanes clearly defined. Bumpers and wheel stops shall be installed as necessary.
4. For nonresidential uses, parking areas shall be so designed that no vehicle shall be required to encroach into a street, alley or sidewalk when backing out of a parking space.
5. The design of parking areas shall not require the moving of any car to gain access to a required parking space unless the applicable district regulations specifically permit tandem parking.
6. All parking areas serving uses operating at night shall be adequately lighted. Such lighting shall be so arranged as to direct the light away from adjoining residencesin conformance with Section 11-12-18.
7. The design of parking spaces and the maneuvering space in connection therewith shall be in 156
accordance with the requirements illustrated in the parking diagram, figures 1, 2 and 3, and the parking table on file with the city.
(Ord. 90-112, 1990; Ord. 04-242, 2004; Ord. 06-261, 2006) § 11-11-5 Landscape/screening of parking areas.
Parking area includes the parking spaces and the maneuvering space necessary for use of such spaces.
A. Where nonresidential parking areas abut residentially zoned or developed property, a wall of not less than five feet in height shall be erected and maintained between the parking area and the adjoining residentially zoned or developed property.
B. Where trees already exist on the property, the design of the parking area should make the best use of this growth and shade.
CB. Screening shall be provided along each property line consisting of a five foot-wide strip, planted with sufficient shrubbery to effectively screen the parking area, or a solid fence or wall not less than four feet in height. Such fences or walls abutting streets shall be ornamental in texture, pattern or shadow relief. Plantings, fences or walls abutting streets shall not exceed 30 inches in height for a distance of 25 feet on either side of entrances or exits to the property. This requirement for screening may be waived or modified by the planning manager if adjacent property already has provided a solid wall not less than four feet high.
DC. When the total uncovered parking area on the property (including adjoining parcels over which the property has parking privileges) exceeds 3,600 square feet, the following shall be required, in addition to other provisions of this section, as part of a landscape plan:
1. Trees, shrubbery and ground cover shall be provided at suitable intervals in order to break up the continuity of the parking area. Planting islands for such trees and shrubs shall be protected from automobile traffic by either asphalt or concrete curbs.
2. All ends of parking lanes shall have landscaped islands.
3. Prior to the issuance of a land use permit, performance securities, in amounts to be determined by the planning manager, to guarantee the installation of plantings, walls and fences in accordance with the approved plan, and adequate maintenance of the planting for two years shall be filed with the city clerk. The performance security portion for installation will be released at the time the planning manager approves the installation. The remaining maintenance performance security portion shall be released at the end of the two year period provided the planting has been adequately maintained.
(Ord. 90-112, 1990; Ord. 22-0355 §§ 33, 34)
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§ 11-11-6 Driveways.
A. Width, Number and Location. Unless otherwise provided in the specific, applicable districts, the width and number of driveways, in relation to intersections, obstructions, other driveways and property lines, shall be as prescribed by the county resolution on road standards until amended by any subsequent resolution of the city council regulating road standards.
B. Driveway to Side or Rear Parking Areas. A driveway used for access to a parking area on the side or rear of a building shall not be less than 10 feet wide in clear distance between any obstruction to vehicular traffic.
C. Special Requirements. Upon recommendation of the city engineer or the planning manager or upon their own initiative when considering any project, the planning commission may place special requirements on an individual building site that will have the effect of reducing or increasing the number or width of driveways or prescribing their location on the building site when the commission determines that such special requirements either reduce or do not create traffic hazards or street parking problems. Such special requirements shall be final subject to appeal to the city council as provided in section 11-17-5 of this title. (Ord. 90-112, 1990; Ord. 22-0355 § 35)
(Ord. 90-112, 1990)
§ 11-11-7 Required number of parking spaces.
A. General Requirements.
1. The minimum number of parking spaces as required in the specific applicable district or specified in this chapter shall be provided and continuously maintained in conjunction with the related use or development.
2. For all development (other than single-family residential) which is subject to the requirements of a development plan, the planning commission shall determine if there is a need to provide for bicycle parking. If such a need exists, the planning commission shall then determine the required number of parking spaces, bike racks and locking devices that shall be provided.Bicycle parking shall be provided consistent with the adopted California Building Code.
3. For additions to existing developments, the parking requirement shall be based on the total floor area and/or number of employees of all proposed new buildings or structures on the property.
43. For the purposes of this chapter, gross floor area shall be the measure of total square footage for a project; however, stairways, open, unenclosed corridors, required exit corridors, permanent storage areas, bearing walls and common restrooms shall be excluded.
54. Where the standards require any fractional space, the next larger whole number shall be the 158
number of spaces required.
65. In the case of mixed uses the total requirement shall be the sum of the number of spaces required for the individual uses computed separately except at the discretion of the planning commission. The planning commission may consider conjunctive uses to determine the number of parking spaces for a multi-or mixed-use project.
76. Where the parking requirement for a use is not specifically defined in the applicable district or this chapter, the parking requirement shall be determined by the planning manager based upon the requirement for the most comparable use specified herein.
87. All parking areas shall provide handicap parking spaces as required under state law.by the California Building Code.
9. Modifications to the parking requirements may be granted through issuance of a Development Permit (11-16-5) and if they following findings can be made:
a. Criteria for Approval. The Review Authority may approve a parking reduction if one of the following findings can be made
i. Special conditions exist—including, but not limited to, the nature of the proposed operation; peak hours of uses that share the parking facility will not overlap or coincide; transportation characteristics of persons residing, working, or visiting the site; or because the applicant has undertaken a transportation demand management program that reduce parking demand at the site, or
ii. The existing structure location and/or lot size render the parking requirement unreasonable or impractical (e.g., a portion of the existing building would need to be removed) and any adverse impacts to public access are mitigated. b. Parking Demand Study. In order to evaluate a proposed project’s compliance with the above criteria, a parking demand study which substantiates the basis for granting a parking reduction may be required.pursuant to section 11-16-4(G) of this title.
B. Residential. Parking spaces to be permanently maintained on the same building site on which the dwelling(s) is located.Required Parking Spaces by Land Use:
Table 11. X Required Parking Spaces by Land Use
Land Use Parking Requirement
Residential
Accessory Dwelling Unit / Junior Accessory
Dwelling Unit (JADU)
1 parking space when not within ½ mile of a
transit stop.
No parking required when located within ½ mile
of a transit stop, or when an ADU is developed
within an existing accessory structure, or existing
primary residence.
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Table 11. X Required Parking Spaces by Land Use
Land Use Parking Requirement
Emergency Shelter No additional parking is required beyond the standard for residential dwellings in the zone in
which the use is located.
Single Unit Dwelling 2 spaces per dwelling unit
Mobile Home Parks 2 spaces per site which may be tandem 1 space for every 3 sites for guest parking
Multi-Unit and Mixed-Use Residential Component 1 space for a one bedroom/studio unit 2 spaces for a two bedroom or more unit
1 space per 5 dwelling units for guest parking
Multiple Detached Dwellings 2 spaces per dwelling unit
1 guest space per 5 dwelling units
Caretaker’s Residence 1 space per dwelling unit
Day Care – Small or Large Family Home None beyond the parking required for the residential dwelling.
Live/Work Each live/work unit shall provide parking based on the area of non-residential use, or a minimum
of two spaces, whichever is greater. The Review
Authority may modify this requirement for the
use of existing structures with limited parking
Residential Care 1-6 clients None beyond the parking required for the residential dwelling
Residential Care - 7 or more clients 1 space per 4 bed spaces 1 space per 2 employees
Residential Care Facility for the Elderly 1 space per 4 bed spaces 1 space per 2 employees
Single Room Occupancy Facility 1 space per every 3 units Transitional & Supportive Housing None beyond the parking required for the residential dwelling.
Two Unit Dwelling 2 spaces per dwelling unit
Retail
Adult Business 1 space per 500 square feet of floor area.
Automobile Sales 1 space per 300 square feet of floor area Bar/Tavern/Live Entertainment/Nightclub 1 space per 300 square feet of floor area and any outdoor use area
Building/Landscape Materials 1 space per 300 square feet of floor area plus 1 space per 1,500 square feet of outdoor use area
Retail 1 space per 300 square feet of floor area
Restaurant 1 space per 300 square feet of floor area
1 space per 750 square feet of outdoor seating
area
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Table 11. X Required Parking Spaces by Land Use
Land Use Parking Requirement
Wine/Distillery Tasting 1 space per 300 square feet of floor area plus 1 space per 1,500 square feet of outdoor use area.
Services
Animal Care Facility 1 space per 300 square feet of floor area Business Support Services 1 space per 300 square feet of floor area Catering Service 1 space per 300 square feet of floor area Child Day Care – Day Care Center
Equipment Rental 1 space per 300 square feet of floor area Financial Institutions 1 space per 300 square feet of floor area Lodging 1 space per guestroom
1 space per 300 square feet of floor area of
ancillary uses/office/lobby
Short Term Rental 1 space for 1 bedroom/studio
2 spaces for 2-4 bedrooms
1 space for each bedroom greater than 4
bedrooms
Maintenance Service – Client Site Services 1 space per 300 square feet of floor area Medical Services – Clinic/Urgent Care 1 space per 200 square feet of floor area Medical Services – Doctor Office 1 space per 200 square feet of floor area Medical Services – Extended Care 1 space per 300 square feet of floor area Medical Services – Hospital 1 space per 300 square feet of floor area Mortuary/Funeral Home/Cemetery 1 space per 300 square feet of floor area Office 1 space per 300 square feet of floor area
Personal Service 1 space per 300 square feet of floor area Repair Services 1 space per 300 square feet of floor area Vehicle Rental 1 space per 300 square feet of floor area Vehicle Repair and Services 1 space per 300 square feet of floor area Industry, Manufacturing & Processing
High Technology Uses 1 space per 750 square feet of floor area Manufacturing, Artisan 1 space per 750 of manufacturing area 1 space per 300 square feet of
retail/ancillary/office area
Manufacturing/Processing 1 space per 750 square feet of floor area Media Production 1 space per 750 square feet of floor area Recycling-Processing Facilities 1 space per 1,000 square feet of floor area Storage-Warehouse 1 space per 1,000 square feet of floor area Storage-Outdoor 1 space per 1,000 square feet of floor area Storage – Personal Storage Facility 1 space per 1,000 square feet of floor area Storage-Vehicles 1 space per 1,000 square feet of site area Wholesaling and Distribution 1 space per 750 square feet of floor area Recreational, Education & Public Assembly
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Table 11. X Required Parking Spaces by Land Use
Land Use Parking Requirement
Commercial Recreation Facility - Indoor Theater/Cinema
1 space per 40 square feet of seating floor area
Other:
1 space per 500 square feet of floor area
Commercial Recreation Facility – Outdoor 1 space per 1,000 square feet of lot area Community Gardens 2 spaces
Health/Fitness Facility 1 space per 300 square feet of floor area Meeting Facility, public or private 1 space per 4 seats, but not less than 1 space per 40 square feet of floor area of the largest meeting
hall
Specialized Education/Training 1 space per 300 square feet of floor area Studio – Art, Dance, Martial Arts 1 space per 300 square feet of floor area Transportation & Infrastructure
Parking Facility 1 space per 300 square feet of office area Telecommunication Facility 1 space per 300 square feet of office area Utilities Facility 1 space per 300 square feet of office area
C. Miscellaneous Nonresidential.
D. Commercial. Parking under the following provisions is the minimum required; however, additional parking may be required for retail developments in the TRC District based upon projected demand. All parking required under the following provisions shall be provided on site or shall meet the requirements of section 11-11-4(B)(3) for off-site parking.
Notwithstanding the foregoing, an optional in-lieu fee may be paid as provided in section 11-11-9 of this chapter to satisfy some or all of the parking requirements for retail business and general commercial development projects, development projects for restaurants, and food and/or beverage establishments, or projects changing to or intensifying any such type of development.
E. Industrial.
F. Recreational Facilities.
G. Agriculture.
11-11-8 Off-street loading facilities.
A. For every building hereafter erected, which is to be occupied by manufacturing, storage, warehouse, retail store, wholesale store, market, hotel, hospital, mortuary, laundry, dry cleaning, or other uses similarly requiring the receipt or distribution by vehicles of materials and merchandise, off-street loading spaces shall be provided as follows:
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Commercial uses
3,000 or more square feet gross floor area 1 loading space Industrial uses
10,000 to 24,999 square feet gross floor area 1 loading space 25,000 to 49,999 square feet gross floor area 2 loading spaces Each additional 50,000 square feet or major fraction
thereof
1 loading space
B. Each loading space shall not be less than 10 feet in width, 30 feet in length, and with an overhead clearance of 14 feet.
C. Such space may not be located in any part of any required front or side yard.
D. Such space shall be so designed that it will not interfere with vehicular circulation or parking nor with pedestrian circulation.
(Ord. 90-112, 1990)
§ 11-11-9 In-lieu parking fees.
A. Purpose. The purpose of the in-lieu parking fee is to implement the objectives of the city's general plan and to mitigate the adverse parking impacts caused by new retail and commercial development, development of new restaurants and food and/or beverage establishments, or a change to or an intensification of any such type of development.
B. Establishment of In-Lieu Parking Fee. The city council hereby creates and establishes an inlieu parking fee that may be paid by those developers of retail business and general commercial projects, projects developing restaurants and food and/or beverage establishments, or projects changing to or intensifying any such type of development.
Developers for such projects must either: (1) provide the number of parking spaces required under section 11-11-7(D); or (2) pay a parking development fee in lieu of providing some or all parking required under section 11-11-7(D). Developers who elect to pay a fee in lieu of providing some or all on-site or off-site parking required by section 11-11-7(D) shall pay the in-lieu parking fee prior to the issuance of a building permit.
The city council has determined that, for those developers who choose not to provide some or all required parking on site or off site pursuant to section 11-11-7(D), such a parking development fee is necessary to: (1) finance the construction of alternative parking facilities within the city; and (2) pay for each such development's fair share of the construction costs of those parking facilities. In establishing the in-lieu parking fee, the city council has found such a fee to be consistent with its general plan.
The city council shall, in a city council resolution: (1) set forth the specific amount of the fee; (2) 163
describe the benefit and impact area on which the fee is imposed; (3) describe the specific parking facilities to be financed; (4) describe the estimated cost of such parking facilities; and (5) describe the reasonable relationship between the fee and the various types of development.
The city council shall review the in-lieu parking fee from time to time, but at least on an annual basis to: (1) identify the purpose to which the in-lieu parking fee is to be put; and (2) determine whether there is a reasonable relationship between the fee and the purpose for which it was charged.
C. Accounting of Funds—Use of Fees. Pursuant to Government Code section 66006, the city council directs that all in-lieu parking fees collected shall be maintained in a specific capital facilities account. The city shall use the fees in such account, along with any interest earnings, only to:
1. Pay for the city's future construction of the parking facilities described in the resolution enacted pursuant to subsection B of this section; or
2. To reimburse the city for those parking facilities constructed by the city with funds advanced by the city from other sources.
D. Fee Adjustments. An electing developer may apply to the city council for a reduction or adjustment to, or a waiver of, the in-lieu parking fee, based upon the absence of any reasonable relationship or nexus between the parking impacts of the development and either: (1) the amount of the fee charged; or (2) the type of parking facilities to be financed.
The application shall be made in writing and filed with the city clerk not later than: (1) 10 days prior to the public hearing on the development permit application for the project; or (2) if no development permit is required, at the time of the filing of the request for a building permit. The application shall state in detail the factual basis for the claim of reduction, adjustment or waiver. The city council shall consider the application at the later of: (1) the public hearing on the permit application; or (2) a separate hearing held within 60 days after the filing of the fee adjustment application. The city council's decision shall be final. If the city council grants a reduction, adjustment or waiver, any change in use within the project shall invalidate such reduction, adjustment or waiver.
(Ord. 90-112, 1990; Ord. 04-242, 2004; Ord. 06-261, 2006; Ord. 07-272, 2007; Ord. 10-287, 2010; Ord. 17-327
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Chapter 16
PERMIT PROCEDURES
§ 11-16-1 Permit Application Filling and Processing
A. The purpose of this Section is to set forth permit procedures and requirements for the preparation, filing, and processing of development applications required by this Zoning Code. The development review process is designed to provide a consistent and efficient method for the City to implement its General Plan and other adopted goals, policies, and standards.
B. Authority for Land Use Decisions. Table 11.X identifies the Review Authority responsible for reviewing and making decisions on each type of Planning Application required by this Zoning Code.
Table 11.X Review Authority
Type of Action Code
Section
Review Authority
Planning
Manager
DRC Planning
Commission
City
Council
General Plan
Amendment
11-17-3 Recommend No Action Recommend Decision
Zoning Code
Amendment
11-17-3 Recommend Recommend
1 Recommend Decision
Development Permit 11-16-5 Recommend Recommend Decision Appeal Conditional Use Permit 11-16-6 Recommend No Action Decision Appeal Variance 11-16-8 Recommend No Action Decision Appeal
Specific Plan 11-16-9 Recommend Recommend1 Recommend Decision Zoning Clearance2 11-16-4 Decision2 -- -- --
Short Term Rental
Permit
11-12-30 Decision No Action Appeal Appeal
Temporary Use Permit 11-16-9 Decision No Action Appeal Appeal Interpretations 11-2-5 Decision No Action Appeal Appeal Sign Permit 11-13-X Recommend Decision No Action Appeal Note:
1. Zoning Code amendments that include design standards, building form, etc., shall be reviewed and recommended by the DRC.
2. The Planning Manager’s decision under a Zoning Clearance is a ministerial action and not subject to an appeal.
3. The Review Authority responsible for reviewing and making decisions on each type of permit shall be responsible for making any applicable CEQA determination. A CEQA determination may be appealed to the Council.
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C. Application Review.
1. Determination of completeness. The Planning Manager or their designee shall review each application for completeness and accuracy before it is considered officially filed.
The Planning Manager’s determination of completeness shall be based on the Department’s submittal requirements including checklists, and any additional instructions provided by the Planning Manager.
a. Notification of Applicant. As required by Government Code Section 65943, within 30 calendar days of application filing, the applicant shall be informed in writing that the application is complete and has been accepted for processing or that the application is incomplete and that additional information shall be provided to complete the application process. b. Appeal of determination. Where the Planning Manager has determined that an application is incomplete, and the applicant believes that the application is complete and/or that the information requested by the Planning Manager is not required, the applicant may appeal the determination in compliance with Section 11-17-5 (Appeals).
c. Time for submittal of additional information. When an application is incomplete, the time used by the applicant to submit the required additional information shall not be considered part of the time within which the determination of completeness shall occur.
d. Expiration of application. If an applicant fails to provide the additional information specified in the incompleteness letter within one year, the application shall expire and be deemed withdrawn. At which time, the Planning Manager may authorize a partial refund based upon the pro-rated costs to-date at the time of withdrawal. After the expiration of an application, development approval shall require the submittal of a new, complete application, together with all required deposits and/or fees. e. Environmental information. After an application has been accepted as complete, the Planning Manager may require the applicant to submit additional information needed for the environmental review of the development.
D. Application Fees.
1. Fee schedule. The Council shall establish a schedule of fees for the processing of the applications required by this Zoning Code, which shall be listed in the City's Master Fee Schedule. Fees are intended to allow recovery of all costs incurred by the City in processing development applications.
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2. Timing of payment. The City will not process an application until all required fees or deposits have been paid. If at any time during the review process deposits are insufficient to cover the City’s costs of processing the application, the City shall cease processing until additional funds are submitted.
3. Refunds and withdrawals. Application fees cover City costs for public hearings, mailings, staff time, and the other activities involved in processing applications. Fees are not refundable in the event of denial by the Review Authority. In the case of a withdrawal, the Planning Manager may authorize a partial refund based upon the prorated costs to-date at the time of withdrawal. § 11-16-2 Indemnification
A. Applicant agreement. At the time of submitting a development application, the applicant shall agree to defend, indemnify, and hold harmless the City and its agents, attorneys, employees, and officers, from any action, claim, loss, or proceeding brought against the City or its agents, employees, and officers to attack, set aside, void, or annul a discretionary land use approval of the City. The required indemnification shall include damages awarded against the City, if any, costs of suit, attorney's fees, and other costs and expenses incurred in connection with the action.
B. City notification of applicant. In the event that an action, claim, or proceeding referred to in Subsection A. above is brought, the City shall promptly notify the applicant of the existence of the action, claim, or proceeding and shall cooperate fully in the defense of the action, claim, or proceeding.
C. City participation in defense. Nothing in this Section shall prohibit the City from participating in the defense of any action, claim, or proceeding, if the City elects to bear its own attorney's fees and costs.
§ 11-16-3 Pre-Application Review / Conference
A. An applicant may submit a pre-application review with the Planning Manager before completing and filing a planning application for major development applications (e.g., residential subdivisions greater than 5 units, mixed-use projects, large non-residential projects, etc.), or to ensure conformity with objective design standards prior to building permit submittal for projects that may be approved with a Zoning Clearance (Section 11- 16-4).
B. The purpose of the review for a pre-application project is to:
1. Inform the applicant of development and design standards as they apply to the proposed development;
2. Review the City’s permit process, possible development alternatives, or modifications; and
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3. Identify information and materials the City typically requires for similar applications, and any necessary technical studies and information relating to the environmental review of the development (if applicable).
4. Allow for a presentation to the Review Authority to receive feedback on a conceptual project design.
C. The purpose of the review for a project that requires a Zoning Clearance is to provide verification that the proposed project is in conformance with objective development and design standards or identify which standards are not in compliance with the Zoning Code.
The applicant may re-submit for an additional review and pay the required fee as established in the Master Fee Schedule.
D. Failure by City staff to identify all required studies or all applicable standards does not constitute a waiver of those studies or standards.
E. The pre-application review shall not be construed as either a recommendation for approval or denial of the application by the City.
F. Application content. All development applications shall be filed with the Department on a City application form, together with all required fees and/or deposits and all other information and materials specified in the Department’s handouts and/or checklists submittal requirements for the specific type of application and any additional instructions provided by the Planning Manager. The Department will prepare required forms and checklists.
G. Eligibility. An application may only be filed by the owner of the property, an authorized agent of the owner, a person acting in compliance with a purchase contract or other written consent, or the Planning Manager on behalf of the Council.
H. SB 330 Preliminary Application. The SB 330 Preliminary Application review process was established under the State’s Housing Crisis Act of 2019 and is a specific type of review by the Planning Manager. The process provides early identification of all standards and requirements applicable to a project, offering a vesting of standards relative to the time an SB 330 Preliminary Application is submitted. A review under this procedure is subject to all requirements and information and materials listed on the City’s SB 330 Preliminary Application. The availability of this type of review shall sunset on January 1, 2030, unless extended by the State legislature. The preliminary application review process is at the option of a project proponent and may only be implemented when all requirements are satisfied, including all timeframes required for submittal of a formal application. The following outlines the process to be followed:
1. In compliance with Government Code Section 65941.1, a proponent of a multiunit residential development or mixed-use development with a residential component has the option of submitting a Preliminary Application. All of the information listed in City’s SB 330 Preliminary Application form and payment of the Preliminary 168
Application processing fee shall be submitted to the City.
2. If the City determines that the Preliminary Application for the development project is incomplete, the project proponent must submit the specific information needed to complete the application within 90 days of receiving the City’s written identification of the necessary information. If the project proponent does not submit this information within the 90-day period, then the preliminary application shall expire and have no further force or effect, and if any portion of the ministerial design review was completed or approved, it shall be deemed null and void.
3. After submittal of all of the information required, if the project proponent revises the project to change the number of residential units or square footage of construction changes by 20 percent or more, excluding any increase resulting from Density Bonus Law, the development proponent must resubmit the required information so that it reflects the revisions.
4. The project proponent shall submit a formal application for a development project within 180 calendar days of submitting a complete preliminary application. If the City determines that the formal application for the development project is incomplete, the project proponent shall submit the specific information needed to complete the application within 90 days of receiving the City’s written identification of the necessary information. If the project proponent does not submit this information within the 90-day period, then the preliminary application shall expire and have no further force or effect, and any such ministerial design review approval shall be deemed null and void.
5. If the applicant revises the project between the Preliminary Application phase and the formal application phase such that the number of residential units or square footage of construction changes by 20 percent or more, exclusive of any increase resulting from the receipt of a density bonus, incentive, concession, waiver, or similar provision, the project shall not be deemed to have submitted a Preliminary Application, in satisfaction of State and City requirements, until the project proponent resubmits the required information.
§ 11-16-1 4 Land use permits.Zoning Clearance
A. Purpose. This Section provides a procedure for issuing Zoning Clearances, which are used to verify that a proposed land use or structure complies with the allowed uses and development standards applicable to the type of use or the zone of the subject parcel.
Purpose and Intent. This section establishes procedures and findings for the issuance of land use permits which are required for all uses and developments permitted under the regulations of this title. A land use permit is the final permit required by the planning division. The intent of this section is to ensure that development proposals conform to the provisions of this title, the general plan and any conditions set by the city.
B. Applicability. Zoning Clearance is required to verify that all requirements of this Zoning 169
Code have been satisfied for any permitted (“P”) land use allowed by Chapters 5 through 9 of this Title and where no discretionary permit approval to establish the use or development is required. In addition, the following require Zoning Clearance:
1. Additions to existing dwelling units.
2. Additions to existing multi-unit dwellings.
3. A “reconfiguration” of an architectural feature which does not modify the previously approved theme or plan for an approved planning application.
4. Restriping of a parking lot which does not decrease the number of parking spaces required for an approved development project nor change the vehicle circulation patterns, unless otherwise required to comply with Americans with Disabilities Act (ADA) requirements.
5. Color and material board changes that are consistent with the original approval for a completed residential, commercial, or industrial development project.
6. New single unit residences.
7. New two-unit residences/duplexes.
8. Accessory Dwelling Units/Junior Accessory Dwelling Units.
9. As otherwise required by this Zoning Code.
C. Review Authority. Zoning Clearance is conducted by the Planning Manager or their designee and not subject to an appeal.
D. An application for Zoning Clearance shall be prepared, filed, and processed in compliance with Section 11-16-1 (Permit Application Filing and Processing) to comply with the following:
1. A Zoning Clearance shall be filed concurrently with the Building Permit application, if applicable. An applicant may file a Pre-Application (Section 11-16-3) for a preliminary assessment of whether a contemplated project would comply with the objective development and design standards of the Zoning Code.
2. No person shall alter, install, occupy, or use any newly constructed or modified structure, or change or occupy any newly initiated or modified use, or type or class of use without first applying for and obtaining the required Zoning Clearance.
E. Notice and Hearing. A public notice and hearing shall not be required for the Planning Manager’s decision on Zoning Clearances.
F. Approval. The Planning Manager shall issue the Zoning Clearance after first determining 170
that the proposed development or improvement:
1. Complies with all of the applicable provisions, requirements, and standards for the category of use and the zone of the subject parcel;
2. Demonstrates compliance with any previously issued conditions of approval affecting the use on the subject parcel;
3. Demonstrates compliance with the Zoning Code and other applicable City standards; and
4. Is consistent with the General Plan and any applicable specific plan or overlay zones.
G. Conditions of Approval. The Planning Manager’s decision on a Zoning Clearance shall not impose any conditions of approval.
§ 11-16-5 Development Permit.
A. Purpose. This Section establishes procedures for Development Permits for new development and major additions to ensure that all development and design standards are met that may be appropriate on particular sites and/or may need to be carefully designed to avoid or minimize potential negative impacts on the surrounding area.1. Before using any land or structure, or commencing any work pertaining to the erection, moving, alteration, enlarging, change of use or rebuilding of any building, structure or improvement within the city wherein permits are required under the provisions of this title, a land use issued by the planning manager unless other regulations of this title specifically indicate such permit is not required or the activity is included in one of the following exemptions:
B. Applicability. The following types of projects require approval of a Development Permit (a Conditional Use Permit approval may also be required for a defined land use within this Zoning Code):
1. Residential development projects with two or more dwelling units (no DRC review required)
2. Mixed-use development projects.
3. New non-residential development or redevelopment.
4. Additions to non-residential buildings greater than 500 square feet, or requesting an additional story.
5. Conversion of a residential dwelling to a commercial use.
6. As required by other Sections of this Zoning Code.
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C. Review Authority. The Planning Commission is authorized to approve, conditionally approve, or deny Development Permit applications. When required, the Design Review Committee will make applicable recommendations.a. Repair and maintenance activities that do not result in addition to, or enlargement or expansion of, the object of such repair or maintenance activities.
D. Application requirements. An application for a Development Permit shall be prepared, filed, and processed in compliance with Section 11-16-1 (Permit Application Filing and Processing).
E. Notice and hearing. Notice of the public hearing shall be provided and the hearing shall be conducted in compliance with Section 11-17-4 (Public Hearing Notices) for Planning Commission meeting only.
F. Findings. The Commission may approve a Development Permit application only after making all of the following findings:
1. The proposed development is consistent with the General Plan, this Zoning Code, and other City goals, policies, and standards, as applicable.
2. For non-residential development, the subject site is physically suitable in terms of design, operating characteristics, shape, size, and topography.
3. The development will not constitute a hazard to the public, health, safety, or welfare G. Conditions of Approval. In approving a Development Permit, the Planning Commission may impose conditions of approval to ensure that the development will comply with the findings required by Subsection F (Findings).
b. Fences and walls of six feet or less and gateposts of eight feet or less in height. c. Installation of irrigation lines.
d. Public works facilities constructed by the city.
e. Buildings or structures having an aggregate value of less than $500. f. Underground gas pipelines less than 12 inches in diameter, and similar installations erected, installed or maintained by public agencies or public service or utility districts or companies.
g. Exemptions. One-story detached accessory buildings used as tool and storage sheds, playhouses, doghouses, gazebos, pergolas and similar structures, provided that such buildings do not exceed 12 feet in height, and the building does not exceed 120 square feet in area and do not include plumbing or electrical facilities. All structures, which are determined to be exempt from a land use permit, are required to conform to the setbacks of the applicable zone district or 172
section 11-12-2, as applicable.
2. Notwithstanding any provision of the specific district regulations to the contrary, where there is no development plan requirement, no land use permits shall be required for grading which is any of the following:
a. Grading which does not require a permit under title 10, chapter 5 of this code. b. Grading involving less than 1,500 cubic yards of cut or fill on slopes of less than 30%.
Provided, however, that a land use permit shall be required for grading which:
i. Has the potential to change or adversely affect an intermittent or perennial stream or regional watercourse.
ii. Would adversely impact paleontological, archaeological or uniquely important cultural resources.
iii. Could adversely affect exceptional wildlife values. iv. Is proposed to be located within 300 feet and in the visible area of a public park, or area designated as recreational or open space on the applicable general plan land use maps. v. Necessitates the removal of three or more trees. These trees must be greater than 17 inches in circumference measured two feet above the ground.
A land use permit shall be required prior to issuance of a grading permit (unless exempt); however, the requirements of this section shall not be construed to alter the provisions and regulations of title 10, chapter 5 of this code.
C. Contents of Application.
1. As many copies of a land use permit application as may be required shall be submitted to the planning manager. Said application shall include the following:
a. A site plan which shall indicate clearly and with full dimensions the following information, if applicable:
i. North arrow and scale of drawing.
ii. Site address.
iii. Lot dimensions and boundaries.
iv. All proposed and existing buildings and structures and their locations, size, height and use.
v. Distance from proposed structures to property lines, centerline of the street or alley and existing structures.
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vi. Walls and fences: location, height and materials.
vii. Names and widths of streets (right-of-way) abutting the site. viii. Off-street parking: location, dimensions of parking area, number of spaces, arrangement of spaces and internal circulation pattern.
ix. Access: pedestrian, vehicular, service; and delineations of all points of ingress and egress. x. Signs: location, size, height and method of illumination. xi. Loading spaces: location dimensions and number of spaces. xii. Lighting: general nature, locations and hooding devices. xiii. Proposed street dedications and improvements.
xiv. All applicable easements.
xv. Landscaping, if required.
xvi. Method of sewage disposal. Show position of septic tanks and leach lines, if applicable. xvii. For commercial and industrial projects indicate where applicable:
(A) Number of motel or hotel units.
(B) Seating capacity or square footage devoted to patrons. (C) Total number of employees.
b. Source of water supply.
c. Any other information that the planning manager may require.
D. Processing.
1. A land use permit shall not be issued until all necessary approvals, except building permits, have been obtained.
2. For a development requiring a public hearing and final action by the planning commission or planning manager, the planning manager shall not issue a land use permit until after expiration of the 10 day appeal period provided under title 1, chapter 6 of this code.
3. If a land use permit is requested for property subject to a resolution of the city council initiating a rezoning, a land use permit shall not be issued while the proceedings are pending on such rezoning unless the proposed buildings or structures would conform to both the existing zoning of such property and the said rezoning initiated by the city council or unless a development plan was approved by the planning commission before the adoption of said 174
resolution.
E. Findings Required for Approval of a Land Use Permit. A land use permit shall be issued only if all of the following findings are made:
1. That the proposed development conforms to the applicable policies and provisions of this title and any applicable general plan.
2. That the proposed development is located on a legally created lot as determined by the city engineer.
3. That the subject property is in compliance with all laws, rules and regulations pertaining to zoning uses, subdivisions, setbacks and any other applicable provisions of this chapter, and such zoning violation processing fees and/or fines as established from time to time by the city council have been paid. This section shall not be interpreted to impose new requirements on legal nonconforming uses and structures.Prior to issuance of a land use permit, the city shall make the finding, based on information provided by environmental documents, staff analysis and the applicant, that adequate public or private services and resources (i.e., water, sewer, roads, etc.) are available to serve the proposed development. The applicant shall assume full responsibility for costs incurred in service extensions or improvements that are required as a result of the proposed project. Lack of available public or private services or resources shall be grounds for denial of the project or reduction in the density otherwise indicated in the general plan F. Expiration.
1. A land use permit shall expire one year from the date of issuance if the use, building, or structure for which the permit was issued has not been established or commenced.
2. Prior to the expiration of such one year period, the planning manager may grant one extension of one year for good cause shown.
§ 11-16-2 6 Conditional use permits.
A. Purpose. This Section establishes procedures for Use Permits for developments and uses that may only be appropriate on particular sites and/or may need to be carefully designed to avoid or minimize potential negative impacts on the surrounding area.Purpose and Intent.
The purpose of this section is to provide for uses that are essential or desirable but cannot be readily classified as principally permitted uses in individual districts by reason of their special character, uniqueness of size or scope, or possible effect of public facilities or surrounding uses. The intent of this section is to provide for discretionary review of these uses.
B. Applicability. A Conditional Use Permit is required to authorize land uses as specified in Chapters 5 through 9 of this Title or as required by other Sections of this Zoning Code.Applicability. The provisions of this section shall apply to those uses listed under subsections D and E of this section and those uses listed in the "uses permitted with a conditional use permit" section in the various districts.
C. Review Authority. The Planning Commission is authorized to approve, conditionally 175
approve, or deny Use Permit applications.Jurisdiction.
D. Application requirements. An application for a Use Permit shall be prepared, filed, and processed in compliance with Section 11-16-1 (Permit Application Filing and Processing).
E. Notice and hearing. Notice of the public hearing shall be provided and the hearing shall be conducted in compliance with Section 11-17-4. (Public Hearing Notices) for Planning Commission meeting only.
F. 1. The planning manager shall have jurisdiction of all minor conditional use permits and extensions of time thereof and shall hold any necessary public hearings therefor; except as otherwise provided for in subsection (E)(3) of this section, the planning commission shall have jurisdiction of all major conditional use permits and extensions of time thereof.
2. In the event an application is under the jurisdiction of both the planning commission and the planning manager, the planning commission shall have sole jurisdiction.
D. Minor Conditional Use Permits. The following uses may be permitted in any zone district in which they are not otherwise permitted with a minor conditional use permit, provided the planning manager can make the findings set forth in subsection H of this section:
1. Buildings, structures and uses of a public works nature, except airports.
2. Fences and walls over six feet in height.
3. Sale of agricultural products grown on the premises, subject to the additional requirements set forth in subsection (K)(5) of this section.
4. Special care homes, subject to the provisions of subsection K of this section.
5. Antennas for amateur radio operation and dish antennas unless completely screened from public view. Such determination of public view shall be made by the planning manager.
6. Uses, buildings and structures accessory and customarily incidental to the above uses.
E. Major Conditional Use Permits. The following uses may be permitted provided the planning commission can make the findings set forth in subsection H of this section.
1. Except in the AG District, the following uses may be permitted in any zone district in which they are not otherwise permitted, with a major conditional use permit:
Clinic.
Conference center.
Hospital, sanitarium, nursing home and rest home subject to the provisions of subsection K of this section.
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Library.
Uses, buildings and structures accessory and customarily incidental to the above uses.
2. The following uses may be permitted in any zone district in which they are not otherwise permitted, with a major conditional use permit:
Animals, use of property for animals different in kind or greater in number than otherwise permitted in this title.
Cemetery.
Charitable and philanthropic institutions (except when human beings are housed under restraint).
Club facilities.
Congregate care facility (serving more than six individuals).
Country club.
Educational facilities, including nursery schools and day nurseries.
Electrical substations subject to requirements of this title.
Golf courses and driving ranges.
Helistops.
Hostel.
Master television antenna system, subject to the provisions of subsection K of this section.
Mausoleum.
Monastery.
Mortuary accessory to a cemetery and subject to subsection K of this section.
Museum.
Polo fields and playing fields for outdoor sports.
Single room occupancy.
Stable, commercial (including riding and boarding).
Water diversion projects.
Uses, buildings, and structures accessory and customarily incidental to the above uses. 177
3. The following uses may be permitted in any zone district in which they are not otherwise permitted, with a major conditional use permit. However, for the uses set forth in this subsection only, the planning manager shall have authority to issue the major conditional use permit, provided the planning manager can make the applicable findings set forth in subsection H of this section. Such uses must obtain architectural approval from the design review committee if other uses in the same zone would be required to obtain such approval.
Notwithstanding anything to the contrary in this section, a public hearing on the application for a major conditional use permit shall not be required for uses authorized in this subsection. However, in conformity with section 11-17-4 of this title, a notice shall be given at least 10 days prior to the date of the planning manager's consideration of the application for a major conditional use permit. The planning manager may approve, conditionally approve, or deny the application:
Church.
F. Contents of Application.
1. As many copies of a conditional use permit application as may be required shall be submitted to the planning division. Said application shall contain all or as much of the submittal requirements for a development plan as are applicable to the request.
2. In the case of a conditional use permit application in a zone district subject to the development plan requirements where the proposed conditional use is not part of a permitted use, a development plan will not be required in addition to obtaining a conditional use permit.
3. Where a conditional use permit application is submitted in conjunction with a development plan for the property, the conditional use permit shall be processed as part of the development plan.
G. Processing.
1. Upon receipt of the required copies of the conditional use permit application, the planning division shall process the application through environmental review.
2. After a determination has been made, the conditional use permit application shall be referred to the development review committee for review and recommendation to the planning commission or planning manager.
3. The planning commission, planning manager shall then consider the requested conditional use permit at a noticed public hearing and either approve, conditionally approve or deny the request. Notice of the time and place of said hearing shall be given in accordance with section 11-17-4 of this title.
4. The action of the planning commission or planning manager shall be final subject to appeal to the city council as provided under title 1, chapter 6 of this code.
5. Conditional use permits may be granted for such period of time and upon such conditions and limitations as may be required to protect the health, safety and general welfare of the 178
community. Such conditions shall take precedence over those required in the specific zone districts.
6. Any amendments to a conditional use permit shall be processed in the same manner as specified for approval of the original conditional use permit.
H. Findings Required for Approval. A conditional use permit application shall only beThe Planning Commission may approve a Conditional Use Permit approved only after making all of the following findings:or conditionally approved if all of the following findings are made:
1. The proposed development is consistent with the General Plan, this Zoning Code, and other City goals, policies, and standards, as applicable.
2. For non-residential uses, the subject site is physically suitable in terms of design, operating characteristics, shape, size, and topography.
The type, and intensity of use being proposed will not constitute a hazard to the public, health, safety, or welfare.1. That the site for the project is adequate in size, shape, location and physical characteristics to accommodate the type of use and level of development proposed.
2. That significant environmental impacts are mitigated to the maximum extent feasible.
3. That streets and highways are adequate and properly designed.
4. That there are adequate public services, including, but not limited to, fire protection, water supply, sewage disposal and police protection to serve the project.
5. That the project will not be detrimental to the health, safety, comfort, convenience and general welfare of the neighborhood and will be compatible with the surrounding area.
6. That the project is in conformance with the applicable provisions and policies of this title and the general plan.
7. That the conversion of the residential structure into a commercial use shall not detract from the residential character of the property, nor from the neighborhood, which may require additional landscaping, screening, architectural design and paving normally above what exists on the property.
I. Time Limit.
1. At the time the planning commission or planning manager approves a conditional use permit, a time limit may be established within which construction must commence or the use must begin. The time limit shall be a reasonable time based on 179
the size and nature of the proposed development or use. If no date is specified, the time limit shall be one year from the date of approval. Said time may be extended by the planning manager for good cause shown, provided a written request, including a statement of reasons for the time extension request, is filed with the planning manager prior to the expiration date.
2. A conditional use permit shall become null and void and be automatically revoked if the use permitted under the conditional use permit is discontinued for a period of more than one year. Said time may be extended by the planning commission or planning manager one time for good cause shown, provided a written request, including a statement of reasons for the time extension request, is filed with the planning manager prior to the expiration date.
3. J. Revocation. If any of the conditions of the conditional use permit are not complied with, the planning commission or planning manager, after written notice to the permittee and a noticed public hearing, may revoke the conditional use permit.
K. Additional Requirements. In addition to the provisions set forth above, the following uses shall be subject to additional requirements as set forth below:
1. Master Television Antennas. Any conditional use permit granted by the planning commission for master television antenna or antennas shall become effective only upon approval by the city council. Any and all conditions reasonably related to the public health, safety and welfare and not in conflict with general laws may be imposed on conditional use permits granted as provided in this title, including, among other things, regulation of height, general appearance and location of guy wires; provided, however, that in all cases the following express conditions shall apply whether expressly set out in the conditional use permit or not:
a. No part of any master television antenna or antennas, nor the cables or lines or other appurtenances thereto, shall be permitted to encroach into, under, over, or upon, or cross under or over any public streets in the city unless either a franchise or an encroachment permit shall first have been obtained from the city and no such encroachment or crossing shall be permitted to be so maintained except pursuant to the terms of a valid existing franchise or encroachment permit from said city.
b. Cables and lines and other appurtenances of master television antenna or antennas which are owned and operated by a nonprofit organization or entity may be permitted to use public streets in the city pursuant to encroachment permits after first obtaining a conditional use permit as provided herein. All such encroachment permits and all conditional use permits granted hereunder shall automatically terminate and become null and void in the event any master television antenna or antennas or any part thereof, or cables, lines or other appurtenances thereto, or parts thereof owned and operated by a nonprofit organization or entity shall be transferred to or operated by any person or entity organized or operating for profit-making purposes. This provision shall not be deemed to prevent the acquisition or operation of such master television antennas or parts thereof as set out hereinabove, by any person or entity organized or operating for profit-making purposes, which shall first have 180
obtained a valid franchise and a valid conditional use permit as provided herein for such purposes.
c. Transmission of television and radio frequency modulation signals shall be by coaxial cable conforming to federal communications commission standards to prohibit radiation interference, unless otherwise expressly permitted by the city council upon satisfactory evidence that no such radiation interference is likely to result. d. All master television antenna systems shall be so designed, constructed and oriented as to be able to receive all local television and radio frequency modulation station signals which include the master television antenna system within their class "A" signal areas as the same are designated by the Federal Communications Commission.
2. Hospitals and Similar Uses. In the cases of hospitals, sanatoria, convalescent homes and other similar buildings and facilities for the treatment of human ailments where facilities are provided for keeping patients overnight or longer, the following provisions shall apply:
a. The public hearing before the planning commission on an application for a building or facility covered by this section shall not be scheduled until the planning division has referred the application to the Santa Barbara subarea advisory council of the health systems agency, Ventura-Santa Barbara or to its successor or successors. b. The action of the planning commission, instead of being final shall be a recommendation to the city council, that it approve, conditionally approve or deny the request for a conditional use permit based upon the determination of the planning commission of compliance with subsection H of this section.
3. Mortuaries, Crematories and Funeral Homes. Subject to the issuance of a conditional use permit, mortuaries, crematories and funeral homes may be permitted in the following locations:
a. Within cemeteries operating under a valid land use permit; or b. On any parcel of land abutting such a cemetery if zoned for such uses.
In all such locations, the planning commission shall impose conditions requiring that the architectural design of all buildings and structures be compatible with neighboring residential buildings, that signs are unobtrusive and that adequate off-street parking space is provided for funeral procession assembly areas.
4. Handicraft Industries. A conditional use permit may be issued under the provisions of this section for the manufacture in C-2 and C-3 Districts of handicraft items, jewelry, notions and other items on a small scale, and involving no effects on surrounding property which would constitute a greater nuisance than those created by other uses permitted in the district in which such manufacture is allowed.
A conditional use permit for such use may only be issued subject to the provisions of this section 181
and to the following conditions and to any further conditions which, in the opinion of the planning commission, are necessary to protect the public peace, health, safety and general welfare, to maintain property values in the neighborhood and to safeguard essential community services and values such as traffic circulation, sewage disposal, water supply, fire protection and neighborhood character:
a. All manufacturing activities shall be conducted within a completely enclosed building having a total gross floor area of not to exceed 2,500 square feet. b. All storage of materials and equipment shall be screened from view from surrounding properties by a solid fence approved by the planning commission. c. No fumes, noxious gases, objectionable odors, heat, glare or radiation generated by or resulting from such use shall be detectable at any point upon the boundary of the property upon which the use is located.
d. The use shall create no objectionable noise or vibration. e. No smoke or dust shall be created except from the heating of buildings.
5. Agricultural Products. Sale of agricultural products grown on the premises. a. The premises shall consist of two or more contiguous acres. b. If a building or structure is required for the sale of such products, the sale shall be conducted either within an existing accessory building or from a separate stand not to exceed 200 square feet of sales and storage area except that if the premises consist of five or more contiguous acres, such building shall not exceed 600 square feet. The building or structure shall be located no closer than 20 feet to the right-of-way line of any street; this requirement shall apply in lieu of any other setback requirements of the zone district or the sign regulations. Only one stand shall be allowed on the premises.
c. New structures shall be approved by the design review committee. d. If required, a building permit shall be obtained.
e. Signs advertising the sale of agricultural products shall conform to chapter 13 of this title. f. A minimum of two permanently maintained on-site parking spaces shall be provided, which shall not be located closer than 20 feet to the right-of-way line of any street. g. Prior to the issuance of a land use permit, a permit for the sale of agricultural products shall be obtained from the department of health care services pursuant to California Administrative Code title 17, section 13653.
(Ord. 90-112, 1990; Ord. 94-150, 1994; Ord. 96-176, 1996; amd. 2001 Code; Ord. 07-272, 2007; Ord. 21-0347 § 4; Ord. 22-0355 §§ 89—96)
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§ 11-16-3 7 Variances.
A. Purpose and Intent. The purpose and intent of this section is to allow variances from the strict application of the regulations on land, buildings and structures of this title where, because of exceptional conditions such as the size, shape, unusual topography or other extraordinary situation or condition of such piece of property, the literal enforcement of this title would impose practical difficulties or would cause undue hardship unnecessary to carry out the intent and purpose of this zoning ordinance.
B. Applicability. A Variance may be granted to waive or modify any requirement of this Zoning Code except the following: allowed land uses, residential density, specific prohibitions (for example, prohibited signs), or procedural requirements.Applicability.
1. The provisions of this section shall apply to all zone districts.
2. In no case shall a variance be granted to permit a use or activity which is not otherwise permitted in the district in which the property is located.
3. Variances may only be granted from the regulations on land, buildings and structures, and no variances may be granted from the procedural regulations of this title.
C. Review Authority. The Planning Commission is authorized to approve, conditionally approve, or deny Variance applicationsJurisdiction.
1. Upon making the findings required under this section, the planning manager may approve or conditionally approve variances to the regulations contained in this title (and shall hold any required public hearings thereon) up to the following respective percentages of the applicable required feet, parking spaces, square footage or in the case of building height, permitted feet:
Minimum lot or building site area or widthup to 10%
Front, rear, side yard setback up to 50%
Building height up to 10%
Parking up to 20%
Landscaping up to 10%
Distance between buildings up to 50%
2. Jurisdiction of the Planning Commission. Upon making the findings required under this section, the planning commission may approve or conditionally approve variances to any regulations on land, buildings, and structures, except for the regulations within the jurisdiction of the planning manager as set forth in subsection (C)(1) of this section. 183
3. In the event an application is under the jurisdiction of both the planning commission and the planning manager, the planning commission shall have sole jurisdiction.
D. Application. As many copies of the variance application as may be required shall be submitted to the planning manager. Said application shall contain full and complete information as required pertaining to the request.
E. Processing.
1. An application filed pursuant to this section that is inconsistent with the use and/or density requirements of this title or any adopted general plan must be accompanied by an application to make the project consistent. The planning division may refuse to accept for processing any application the planning manager finds to be inconsistent with the adopted or pending general plan.
2. The planning commission or planning manager shall hold at least one noticed public hearing on the requested variance and either approve, conditionally approve, or deny the request. Notice of the time and place of said hearing shall be given in the manner prescribed in section 11-17-4 of this title except the publishing of said notice in a newspaper of general circulation shall not be required.
3. The planning commission or planning manager, in granting said variance may require such conditions as deemed necessary to assure that the intent and purpose of this title and the public health, safety and welfare will be promoted.
4. The planning commission's or planning manager's action is final, subject to appeal to the city council as provided in title 1, chapter 6 of this code.
D. Application requirements. An application for a Variance shall be prepared, filed, and processed in compliance with Section 11-16-1 (Permit Application Filing and Processing).
E. Notice and hearing. Notice of the public hearing shall be provided and the hearing shall be conducted in compliance with Section 11-17-4. (Public Hearing Notices) F. Findings Required for Approval. A variance shall only be approved if all of the following are made:
1. Because of special circumstances applicable to the property, including, but not limited to, size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification.
2. The granting of the variance shall not constitute a grant of special privileges inconsistent with the limitations upon other property in the vicinity and zone in which such property is situated.
3. That the granting of the variance will not be in conflict with the intent and purpose of this title or any applicable general plan.
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4. The applicant agrees in writing to comply with all conditions imposed by the city in the granting of the variance.
G. Conditions of Approval. In approving a Variance, the Commission may impose conditions of approval to ensure that the development will comply with the findings required by Subsection F. (Ord. 90-112, 1990; Ord. 22-0355 §§ 97—99)
§ 11-16-4 8 Temporary UseDevelopment plansPermit.
A. Purpose. This Section establishes procedures and standards for Temporary Use Permits for the short-term activities specified in this Section. These are activities that may not comply with particular standards of the applicable zone, but may otherwise be acceptable because of their temporary nature, if reviewed and appropriately conditioned in compliance with this Section.
B. Applicability. A Temporary Use Permit is required to permit the short-term activities specified in this Section.
C. Review Authority. The Planning Manager or their designee is authorized to issue Temporary Use Permits. The Planning Manager shall approve, conditionally approve, or deny Temporary Use Permits
D. Application requirements. An application for a Temporary Use Permit shall be prepared, filed, and processed in compliance with Section 11-16-1 (Permit Application Filing and Processing).
E. Exempt short-term activities. The following activities are allowed without a Temporary Use Permit, but may require other permits as specified.
1. Construction yards - On-site. On-site contractor's construction yard for an approved construction project including storage or cargo containers. The construction yard shall be removed immediately upon completion of the construction project, or the expiration of the Building Permit authorizing the project construction, whichever occurs first.
2. Fund-raising events. a. Fund raising events (e.g., bake sales, yard sales, car washes, etc.) conducted on property within a non-residential zone, limited to a maximum of two days per month for each sponsoring organization. b. Sponsorship shall be limited to educational, fraternal, religious, or service organizations directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance with 501(c) of the Federal Revenue and Taxation Code.
3. Garage sales. Garage sales may be held in up to four (4) times a year in residential zoned properties.
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4. Public right-of-way. Activities conducted within the public right-of-way that are authorized by an Encroachment Permit.
5. Special Events. A Special Events Permit shall be required in compliance with Municipal Code Section 8-9 (Special Events) if an event is anticipated or planned to be attended by more than 100 people on private property or within public right-ofway or property. The Planning Manager may defer such determinations to the City Manager.
6. Meeting halls or public assembly facilities. Events that occur at permanent meeting halls or public assembly facilities.
F. Allowed short-term activities. A Temporary Use Permit may authorize the following shortterm activities within the specified time limits, but in no event for more than 12 months.
Other activities that are proposed to occur for no more than 12 months, but do not fall within the categories defined below shall instead comply with the Development Permit requirements and development standards that otherwise apply to the property.
1. Events. Art and craft exhibits, carnivals, circuses, fairs, festivals, flea markets, food events, open-air theaters, outdoor entertainment/sporting events, promotional events, rummage sales, swap meets, and other special events, that will have less than 100 people at any one given time. Events of more than 100 attendees shall be considered a special event and shall refer to section 8.-9 (Special Events).
2. Amplified Music. Amplified Music that is an accessory use to the primary use shall be allowed if the following criteria is met:
a. The use does and not create any adverse impacts other than those normally associated with the permitted use.
b. Shall be in compliance with the City’s noise standards. c. Does not charge a fee for entry.
d. Amplified Music shall be limited to the hours of 12 p.m. to 8 p.m., and shall not exceed 80 decibels (dB) on Friday, Saturday, and Sunday, as measured from the edge of the property line, and 70 decibels Monday through Thursday. e. Other conditions as imposed by the Planning Manager consistent with subsection I.
3. Seasonal sales lots. Seasonal sales activities (e.g., Christmas tree lots, pumpkins, agricultural products grown on the premises, etc.) including temporary residence/security trailers.
4. Model homes & sales office. A model home(s) and/or sales office associated with a 186
residential project. This may include off-site directional signs located on private property with written permission from the property owners. The maximum sign area shall be 36 square feet for each sign and a maximum sign height of six feet.
5. Temporary structures. A temporary classroom, office, or similar structure (not for storage), including a manufactured or mobile unit, may be approved as an accessory use for a maximum of 12 months.
6. Temporary storage containers. A temporary storage or cargo container not associated with an active building permit may be approved for a maximum of 30 days. The storage container shall be located on-site.
7. Temporary office and living quarters. A trailer or mobile home used as a temporary work and/or living quarters when associated with an active construction site.
8. Construction yards - Off-site. Off-site contractors' construction yards, for an approved non-City construction project. The construction yard shall be removed immediately upon completion of the construction project, or the expiration of the Building Permit authorizing the project, whichever occurs first.
9. Similar short-term activities. A short-term activity that the Director determines is similar to the other activities listed in this Section, and compatible with the applicable zone and surrounding land uses.
G. Notice and hearing. A public notice and hearing shall not be required for the Director’s decision on a Temporary Use Permit.
H. Findings. The Planning Manager may approve a Temporary Use Permit subject to making all of the following findings:
1. The location, operation and time period of the temporary use will not constitute a hazard to the public interest, health, safety, or general welfare.
2. The operation of the temporary use will not be detrimental to adjoining properties through the creation of excessive dust, light, noise, odor, or other objectionable characteristics.
3. The proposed lot is adequate in size and shape to accommodate the temporary use without detriment to the enjoyment of other properties located adjacent to and in the vicinity of the subject lot.
4. The proposed lot is adequately and safely served by streets having sufficient capacity and improvements to accommodate the quantity of traffic that the temporary use will or could reasonably be expected to generate.
5. Adequate temporary parking to accommodate vehicular traffic to be generated by the 187
use will be available either on-site or at an acceptable off-site location.
I. Conditions of Approval. In approving a Temporary Use Permit application, the Planning Manager may impose conditions that are deemed reasonable and necessary to ensure that the permit would be in full compliance with the findings required by Subsection H. This may include conditions from other City departments (e.g. Public Works, Parks) and other outside agencies (e.g. Santa Barbara County Fire Department, Santa Barbara County Sheriff) that may have a direct effect on the operation of the temporary use. Conditions may address any pertinent factors affecting the operation of the temporary event, or use, and may include the following:
1. Regulating the length of time for operations, operating hours and days.
2. Provision for adequate temporary pedestrian and vehicular circulation, and parking facilities.
3. Regulation of nuisance factors including mitigation of glare or direct illumination, dirt, dust, noise, odors, smoke, trash, and vibration on adjacent lots.
4. Regulation of temporary structures and facilities, including placement, height, size, and location of equipment.
5. Provision to meet City building and fire code requirements.
6. Provision for sanitary and medical facilities, as appropriate.
7. Provision for solid, hazardous, and toxic waste collection, recycling, and/or disposal.
8. Provision for police/security and safety measures, as appropriate.
9. Regulation of signs.
10. Other conditions that would ensure that the operation of the proposed temporary use would be conducted in an orderly manner, and in full compliance with the purpose of this Section.
A. Purpose and Intent. The purpose of a development plan is to provide discretionary action for projects allowed by right within their respective zoning districts which, because of the type, scale or location of the development, require comprehensive review.
B. Applicability. No permit shall be issued for any development, including grading, for any property located in a zone district in which a development plan is required until a development plan has been approved as provided below in this section with the exception that as provided in section 11-7A-1(B)(1) the planning manager may waive the requirements of this section if the project involves only a minor alteration, addition or replacement to an existing structure, and/or the additional enlargement of the outdoor patio 188
or seating area of a restaurant, bar, cocktail lounge or wine tasting establishment, and where there is a previously approved development plan on file with the city and the project is in substantial conformance with such development plan.
C. Contents of a Development Plan. As many copies of a development plan as may be required shall be submitted unless otherwise specifically waived by the planning manager, the information submitted as part of the development plan shall include the following:
1. A plot plan of the proposed development drawn to scale showing. a. Gross acreage and boundaries of the property;
b. Location of areas of geologic, seismic, flood and other hazards; c. Location of areas of all existing and proposed structures, their use and square footage of each structure;
d. Location of areas of prime scenic quality, habitat resources, archaeological sites, water bodies and significant existing vegetation;
e. All interior circulation patterns including existing and proposed streets, walkways, bikeways and connector roads and other major highways;
f. Location of all utilities easements;
g. Location and use of all buildings and structures within 50 feet of the boundaries of the property;
h. Location and amount of land devoted to public purposes, open space, landscaping and recreation;
i. Location and number of parking spaces; and
j. All easements.
2. Contour map showing topography including existing natural contours and proposed grading lines.
3. Proposed drainage system.
4. Preliminary floor plans.
5. Preliminary building elevations.
6. Preliminary landscaping plans.
7. Statistical information including the following:
a. Number and type of dwelling units in each building, i.e., single-family dwelling, 189
condominium, apartment, etc., and number of bedrooms in each unit. b. Square footage and percentage of total net land area of the property devoted to landscaping and open space.
c. Total number of parking spaces and parking ratio parking spaces per building square foot, number of employees or dwelling units, whichever is applicable. d. Total square footage of gross floor area of all stories and percent of total net land area of the site covered by buildings.
e. Estimated number of potential residents in each residential category. f. Number of employees and number of proposed new employees, if applicable. g. Average slopes, if parcel contains slopes of 30% or more.
8. A statement and design showing how the proposed development conforms to the architectural theme in the area, including the following architectural detail:
a. Description of plans showing overall building shapes, as well as parts of any structure, building, walls, screens, towers or signs in existing or permitted structures in the areas; b. Provisions for harmonious relationship with existing and proposed adjoining developments and conformance with the design motif and theme of the area; c. Provisions for harmony of materials, colors and composition of all sides of a structure or building;
d. Provisions for consistency and unity of composition and treatment of exterior elevations; e. Provisions for the materials on the exterior face of the building or structure (wood, concrete, brick, stone);
f. Provisions for adequate landscaping in proportion to the project and the site, with due regard to preservation of specimen, landmark or other healthy trees; selection of a size and type of planting which will be appropriate to the project and will grow on the site; and provisions for maintenance of all plantings;
g. Provisions for site layout, orientation and location of structures, buildings and signs in appropriate and well designed relationship to one another with consideration given to open spaces, topography, definition of pedestrian and vehicular areas and exterior building lighting;
h. Provisions for open space suitably landscaped;
i. Provisions of design of signs and lighting and other advertising media to harmonize and be subordinate to the building it serves;
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j. Provisions for mechanical and electrical equipment and trash storage should be concealed and integrated in the total design concept;
k. Provisions for parking and loading areas to be attractively landscaped and otherwise screened, and landscaping between property lines and parking areas; l. Provisions for storage areas to be defined as to height limits and architectural screening where exterior of structure;
m. Provisions for the location, color and screening of roof features shall be integrated into the overall design; and
n. Provisions for landscaping to soften large expanses of paved areas.
9. A statement of intent with respect to the establishment of utilities, services and facilities including water, sewage disposal, fire protection, police protection, schools and transportation, i.e., access, proximity to public transit or provision of bike lanes, etc.
10. Measures to be used to prevent or reduce nuisance effects, such as noise, dust, odor, smoke, fumes, vibration, glare, traffic congestion and to prevent danger to life and property.
11. If development is to occur in stages, the sequence and timing of construction of the various phases.
12. Proposed public access to recreational areas, trails or streets to be dedicated to the city.
13. Any other data requested by the planning manager.
D. Processing of a Development Plan.
1. Any application filed pursuant to this section that is inconsistent with the use and/or density requirements of this title or any applicable general plan must be accompanied by an application to make the project consistent. The planning manager may refuse to accept for processing any application that is inconsistent with the general plan.
2. Upon receipt of the development plan, the planning manager shall process the plan through environmental review. The plan may be concurrently referred to the development review committee and design review committee for review. However, action on the project cannot be taken until the environmental review process is completed.
3. After a determination and/or preparation of the final environmental document, the planning manager shall refer the development plan to the design review committee and then to the development review committee for review and recommendation to the planning commission.
4. The planning commission shall hold at least one noticed public hearing then certify the environmental impact report or approve the negative declaration. The planning commission shall then consider the development plan and approve, conditionally approve or deny the 191
plan. The planning commission's action shall be final, subject to appeal to the city council.
5. If the development plan is in conjunction with a rezone application, the planning commission may make a determination on the development plan subject to city council action on the rezoning. The planning commission shall at the same time make a recommendation to the city council on the rezone.
6. A revised development plan shall be processed in the same manner as the original plan.
When approved by the planning commission, such revised plan automatically supersedes any previously approved plan.
E. Plans for Land Use Permit Issued by the Planning Manager. As many copies of the development plan as may be required shall be submitted to the planning manager. The information submitted shall consist of the following:
1. All information and maps required under subsection C of this section.
2. Dimensioned building elevations, including overall building height.
3. Floor plans of each floor of each building indicating total gross and net floor area of each building.
4. Detailed landscaping and irrigation plan indicating existing and proposed trees, shrubs and ground cover, and delineating species, size and placement.
5. Proposed homeowners' association (if applicable), indicating CC&Rs, deeds and restrictions and methods of open space maintenance.
6. The proposed method of fulfilling all conditions of approval required on the development plan approval, including any improvement security as required by title 1, chapter 7 of this code.
7. Any other data requested by the planning manager.
F. Findings Required for Approval.
1. A development plan shall be approved only if all of the following findings can be made:
a. That the site for the project is adequate in size, shape, location and physical characteristics to accommodate the density and intensity of development proposed. b. That adverse impacts are mitigated to the maximum extent feasible. c. That streets and highways are adequate and properly designed. d. That there are adequate public services, including, but not limited to, fire protection, water supply, sewage disposal and police protection to serve the project. e. That the project will not be detrimental to the health, safety, comfort, convenience and 192
general welfare of the neighborhood and will not be incompatible with the surrounding areas.
f. That the project is in conformance with the applicable provisions of law, including this title and is consistent with the general plan.
g. That the development will not materially or adversely aggravate the parking and traffic conditions in the area.
h. That the project will not conflict with any easements required for public access through, or public use of, a portion of the property.
2. The planning manager shall issue a land use permit for a development plan only if the following findings are made:
a. Such plan is in substantial conformance with the approved development plan. b. Such plan is in conformance with all applicable provisions and policies of the general plan, with law and this title.
G. Conditions, Restrictions and Modifications.
1. At the time the development plan is approved, the building height limits, distance between buildings, setback, yard, parking, building coverage, landscaping or screening requirements specified in the applicable zone district may be modified when there is a finding that such modifications are justified.
2. As a condition of approval of the development plan the planning commission may impose any appropriate and reasonable conditions or require any redesign of the project as they may deem necessary to protect the persons or property in the neighborhood, to preserve the neighborhood character, natural resources of scenic quality of the area, to preserve the theme or motif of the city, to preserve or enhance the public peace, health, safety and welfare, or to implement the purposes of this title.
3. The planning commission may require as a condition of approval of any development plan, the preservation of trees existing on the property and adequate parking.
H. Time Limit. Final development plans shall expire three years after approval unless, prior to the expiration date, substantial physical construction has been completed on the development or a time extension has been applied for by the applicant. The planning commission may, upon good cause shown, grant time extensions for one year periods.
I. Development Review Committee to Recommend. The development review committee of the city shall review and make recommendations on all development plans and shall include with the same proposed findings and recommended conditions that may be adopted by the city.
J. Public Hearings. Public hearings shall be held on all development plan approvals, when 193
required by Government Code section 65905 and, in such case, notice shall be given as required by Government Code section 65091.
(Ord. 92-134, 1992; Ord. 97-186, 1997; Ord. 20-0344 § 2; Ord. 20-0345 § 2; Ord. 21-0347 § 4; Ord. 22-0355 §§ 100—104)
§ 11-16-5 9 Specific plans.
A. Purpose and Intent.
1. These regulations are based on the recognition that one parcel or a group of parcels of land which may be in separate ownership are suitable for a specific use or combination of uses, and should be planned as a unit to ensure protection of valuable resources and allow maximum flexibility in site planning.
2. The purpose of the specific plan is to allow for a more precise level of planning for an area than is ordinarily possible in the general plan land use element and to provide for a mixture of uses through comprehensive site planning.
3. This section is adopted to guide the preparation of specific plans pursuant to the provisions of Government Code sections 65450 through 65457.
B. Applicability.
1. A specific plan shall not be considered adopted until a site development plan as described in subsection (C)(2) of this section, together with the required accompanying data, have been approved by ordinance by the city council after consideration at a noticed public hearing and a recommendation by the planning commission.
2. At the time of adoption of the specific plan, the city council shall determine whether the existing zoning on the property is consistent with the specific plan. If the city council finds that it is not consistent, then either the city or proponent of the specific plan shall initiate rezoning of the parcel(s) to bring the zoning into conformance with the specific plan.
3. After the city council adopts the specific plan, no construction shall commence on properties requiring a specific plan until a development plan, as provided in section 11-16-4 of this chapter has been approved.
C. Contents of Specific Plans.
1. As many copies of a specific plan as may be required shall be submitted to the planning manager.
2. Unless specifically otherwise authorized in writing by the planning manager, the information submitted as part of the specific plan shall consist of a site development plan including a map or maps drawn to scale and other supplemental information indicating:
a. Acreage and approximate boundaries of the property;
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b. Contour maps showing topography and areas proposed for major regrading; c. Approximate width and location of proposed streets and their connector roads and other major highways on surrounding property;
d. Location of areas of geologic, seismic, flood and other hazards; e. Location of areas of prime scenic quality, habitat resources, archaeological sites, water bodies and areas with significant existing vegetation;
f. Location of all proposed structures including, but not limited to, residential (distinguishing between the various types of residential structures, i.e., single-family dwelling, duplex, apartment, condominium, etc.), industrial and recreational structures, description of the general dimensions and square footage of each of these structures, and an indication of the total number of and estimated total population for each type of dwelling unit; g. Location and amount of open space for use by prospective residents and the public; h. Location and description of proposed recreational facilities; i. Location of parking areas;
j. A statement of intent with respect to establishment of utilities, services and facilities, including water, sewage disposal, fire protection, police protection and schools; k. If development is to occur in stages, a general indication of the sequence and time of construction of the various phases;
l. Text of the specific plan requirements applicable to the area involved; m. Any other supplementary data requested by the planning manager.
D. Processing.
1. After receipt of the specific plan, the planning manager shall process the plan through environmental review. The plan may be concurrently processed to the development review committee, design review committee and planning commission for a preliminary review and input on the project.
2. After a determination and/or preparation of the final environmental document, the planning manager shall refer the specific plan to the development review committee and design review committee for review and recommendation to the planning commission.
31. The planning commission shall hold at least one noticed public hearing to consider the specific plan. Notice of time and place of said hearing shall be given in accordance with the procedures set forth in section 11-17-4 of this chapter. Any hearing may be continued from time to time.
42. If the planning commission recommends approval, with or without modifications, the 195
matter shall be referred back to the planning division and city attorney for the preparation of an ordinance adopting the specific plan. The planning commission's recommendation on the specific plan shall be transmitted to the city council accompanied by a statement of the planning commission's reasons for such recommendation.
53. The city council shall hold at least one noticed public hearing before adopting the proposed specific plan. The notice of time and place of said hearing shall be given in the same time and manner as provided for the giving of notice of the hearing by the planning commission.
Any hearing may be continued from time to time.
6. The city council shall not make any change or addition to any proposed specific plan thereto recommended by the planning commission until the proposed change or addition as been referred to the planning commission for a report and a copy of the report has been filed with the city council. Failure of the planning commission to report within 40 days after the reference or such longer period as may be designated by the city council shall be deemed to be a recommendation for approval of the proposed change or additions. It shall not be necessary for the planning commission to hold a public hearing on the proposed change or addition.
74. The adoption of the specific plan shall be by ordinance.
86. After adoption of a specific plan, no permits shall be issued for construction, erection or moving in of any building, nor for grading, nor for any use of land which requires a land use permit until a development plan as required under the applicable zoning district has been approved.unless completion of required additional entitlements as specified by the Specific Plan and/or zoning ordinance.
97. Subsequent amendments to the specific plan shall be processed in the same manner as specified for adoption of an original specific plan.
E. Findings Required for Approval. A specific plan shall not be adopted unless all of the following findings are made:
1. The specific plan is in conformance with and will implement all applicable general plan policies and incorporates any other conditions specifically applicable to the parcels that are set forth in the plan.
2. The specific plan will not be detrimental to the health, safety, comfort, convenience and general welfare of the neighborhood.
3. The specific plan will not adversely affect necessary community services such as traffic circulation, sewage disposal, fire protection and water supply.
4. The specific plan represents sound community planning and will provide a measure of public benefit as determined by the city council.
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§ 11-16-6 Prior permit compliance on application.
A. Purpose and Intent. This section establishes a requirement that any applicant for a tentative map, a major or minor conditional use permit, a major or minor variance, a development plan or an application that is to be reviewed by the design review committee must show on any such application that the applicant is in full compliance with all conditions on each and every previously issued tentative map, major or minor conditional use permit major or minor variance, development plan or application reviewed by the design review committee, as long as such is being used by the applicant and is subject to the jurisdiction of the city.
B. Applicability.
1. All application forms that are required by and processed through the planning division for applications listed in subsection A of this section shall include a section to be filled in by the applicant that requires the applicant to state whether the applicant uses any of the permits listed in subsection A of this section from the city. If the answer is yes, then the applicant shall provide the following information about all such permits:
a. The date of the permit.
b. The type of permit.
c. The permit number.
d. Whether the permit is currently valid.
e. Whether the applicant is in full compliance with the permit, if it is still valid and in effect.
2. The planning division shall review the information provided by the applicant pursuant to subsection (B)(1) of this section and any other information deemed necessary by the planning division to verify the information provided by the applicant.
3. After the review and verification by the planning division, if the applicant is found to not be in full compliance with all conditions for such permits previously issued by the planning division, the planning division shall so notify the applicant in writing within 30 days of the submission of the application. The application shall be deemed to be incomplete until the applicant is in full compliance with all conditions of all such permits and no further processing of the new application shall occur until the planning division has adequate proof of full compliance.
4. For purposes of this section, applicant shall also include any entity in which any individual who is involved in the project which is the subject of the new permit applicant owns or holds an interest which is 50% or greater in a project which has previously been issued a permit listed in subsection A of this section.
C. Appeal.
1. Once an applicant has been notified in writing that the application is incomplete pursuant to subsection B of this section, then the applicant shall have the right to appeal the determination of the planning division by requesting a hearing conducted by the city manager.
2. The appeal filed pursuant to subsection (C)(1) of this section shall be filed with the city manager within 30 days of the date that the planning division's notice to the applicant is dated, or mailed, whichever date is later.
3. The appeal shall include any and all information and documentation that the applicant will submit to the city manager in support of applicant's claim that the planning division's determination is incorrect. Applicant shall submit a copy of the appeal to the planning division at the same time as filing with the city manager.
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4. Within 10 days of the filing of the appeal by the applicant, the planning division shall submit any and all information and documentation to the city manager and applicant which the planning division relied on in support of the determination made pursuant to subsection (B)(3) of this section.
5. The city manager shall notify the applicant and the planning division of a date for a hearing of the appeal within 30 days of the date the appeal is filed. The hearing date shall not be more than 60 days from the date the appeal was filed.
6. The hearing shall be held at a place and a time designated by the city manager, the hearing may only be continued at the request of the applicant. The applicant and the planning division shall submit their respective evidence and documentation at the hearing.
7. The city manager shall issue a decision on the appeal in writing within 10 days after the hearing and such decision shall be final.
§ 11-16-11 Permit Implementation.
A. This Section provides requirements for the implementation of the development applications or approvals required by this Zoning Code.
B. Effective Date of Permits. The approval of a discretionary planning application for a development shall become effective after the 10th working day following the date of application approval by the Review Authority, where no appeal of the Review Authority's action has been filed in compliance with Section 11-17-5 (Appeals).
C. Applications Deemed Approved. A development application deemed approved in compliance with Government Code Section 65956(b) shall be subject to all applicable provisions of the General Plan, this Development Code, and other applicable City policies and standards before a building permit is issued or a land use not requiring a building permit is established.
D. Permits to Run with the Land. Unless otherwise specified, development applications and approvals granted in compliance with this Chapter shall run with the land, and shall continue to be valid upon a change of ownership of the site or structure to which it applies, with the exception of Home Occupation Permits.
§ 11-16-12 Performance Guarantee.
A. Deposit of Security.
1. The Review Authority or the Planning Manager may require the execution of a covenant or other agreement to deposit security in a reasonable amount to ensure the faithful performance of one or more of the conditions of approval.
2. The security shall, as required by law or otherwise at the option of the City, be in a form which includes but is not limited to cash, a certified or cashier’s check, letter of credit, or a performance bond executed by the applicant and a corporate surety authorized to do business in California and approved by the City Manager.
3. The security shall remain in effect until all of the secured conditions have been performed to the satisfaction of the Planning Manager.
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4. Security required in compliance with this Section shall be payable to the City of Solvang.
B. Release of security. Upon satisfactory compliance with all applicable provisions of this Section, the security deposit shall be released.
C. Failure to comply.
1. Upon failure to perform any secured condition(s), the City may perform the condition, or cause it to be done, and may collect from the obligor all costs incurred, including administrative, engineering, legal, and inspection costs.
2. Any unused portion of the security shall be refunded to the obligor after deduction of the cost of the work.
§ 11-16-13 Time Limits and Extensions
A. Time Limits.
1. Unless a condition of approval or other provision of this Zoning Code or Municipal Code establishes a different time limit, any permit or approval not exercised within 24 months of approval shall expire and become void, except where an extension of time is approved in compliance with Subsection B.
2. If a development is to be constructed in approved phases, each subsequent phase shall be exercised within 24 months from the date that the previous phase was exercised, or the permit shall expire and become void, except where an extension of time is approved in compliance with Subsection B.
3. The permit shall not be deemed "exercised" until the applicant has substantially commenced construction of the approved development or actually commenced the allowed use on the site in compliance with the conditions of approval.
B. Extensions.
1. Filing and review of request.
a. Time for filing. The Applicant shall file an application for an extension of time with the Planning Manager or their designee before the expiration of the permit, together with the filing fee required by the City's Master Fee Schedule. The permit shall be automatically extended for 60 days, or until the application for the extension is approved, conditionally approved, or denied, whichever occurs last.
b. Evidence to be provided. The Review Authority shall determine whether the applicant has made a good faith effort to exercise the permit. The burden of proof is on the applicant to establish that circumstances beyond the control of 199
the applicant (e.g., demonstrated problems with completing the acquisition of the lot, poor weather during periods of planned construction, financial circumstances, etc.) have prevented exercising the permit. c. Public hearing. If the original approval required a public hearing, the Review Authority shall hold a public hearing on a proposed extension of time, after providing notice of the public hearing in compliance with Section 11.17.4. (Public Hearing Notices). If the original approval did not require a public hearing, the Planning Manager may approve the extension of time.
2. Action on extension request.
a. A permit may be extended for three additional 12-month periods beyond the expiration of the original approval; provided, the Review Authority finds that there have been no changes in the conditions or circumstances of the site or development.
b. If a project requires the issuance of a permit by the federal or state governments, or a local agency other than the City in order to be constructed, additional extensions may be granted beyond the extensions allowed in subsection 2.a, if the review authority can make a finding the delay in the project was not caused by the Applicant’s actions or failure to use due diligence in pursuing the required permits necessary to move forward with construction of the project.
§ 11-16-14 Changes to Approved Entitlements or Developments A. Application
B. Notice and hearing. If the matter originally required a noticed public hearing, the Review Authority shall hold a public hearing in compliance with Section 11-17-4. (Public Hearing Notices), except for the minor changes outlined in Subsection C. below.
1. A development or new land use allowed through a permit or approval granted in compliance with this Zoning Code shall be in substantial compliance with the approved drawings and plans, and any conditions of approval imposed by the Review Authority, except where changes to the development are approved in compliance with this Section.
2. An Applicant shall request desired changes in writing, and shall also furnish appropriate supporting materials and an explanation of the reasons for the request.
Requested changes may involve changes to one or more conditions imposed by the Review Authority or actual changes to the development (e.g., hours of operation, expansion of a use, etc.) as originally proposed by the Applicant or approved by the Review Authority.
3. Changes shall not be implemented until first approved by the applicable Review 200
Authority, and may be requested either before or after construction or establishment and operation of the approved use.
C. Minor changes by Planning Manager. The Planning Manager may authorize minor changes to an approved development application or other approval only if the changes:
1. A basis for findings in a Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report for the development;
2. A basis for conditions of approval for the development; or
3. A specific consideration by the Review Authority (e.g., the Planning Manager, Commission, or City Council) in approving the permit; and
4. Do not involve expansion of the use of more than 10%, complies with all applicable life/safety codes.
§ 11-16-15 Permit Revocation
A. Permit Revocations. The City’s action to revoke a permit or approval shall have the effect of terminating the permit or approval and denying the privileges granted by the original approval.
1. Ten days before the public hearing, notice shall be mailed or delivered to the applicant being considered for revocation and the property owner of the site.
2. Exceptions.
a. Temporary Use Permits.
B. Hearing and notice required. The Commission shall hold a public hearing to revoke a permit or approval granted in compliance with the provisions of this Development Code.
The hearing shall be noticed and conducted in compliance with Section 11-17-4. (Public Hearing Notices).
C. Findings.
1. Permits. A Conditional Use Permit or other development application or approval (except a Variance, see Subsection 2., below) may be revoked by the Planning Commission, if it makes any one of the following findings:
a. Circumstances under which the permit or approval was granted have been changed by the applicant to an extent that one or more of the findings that justified the original approval can no longer be made, and the public health, safety, and welfare require revocation.
b. The permit or other approval was granted, in whole or in part, on the basis of a 201
fraud, misrepresentation, or omission of a material statement in the application, or in the applicant’s testimony presented during the public hearing, for the permit or approval.
c. One or more of the conditions of the original permit or approval have not been substantially fulfilled or have been violated.
d. The approved use or structure has ceased to exist or has been suspended for a period in excess of 12 months.
e. An improvement authorized in compliance with the permit or approval is in violation of any applicable code, law, ordinance, regulation, or statute. The improvement/use allowed by the permit or approval has become detrimental to the public health, safety, or welfare or the manner of operation constitutes or is creating a nuisance.
2. Variances. A Variance may be revoked by the Commission, if the Commission makes any one of the following findings, in addition to any one of the findings specified in Subsection 1, above:
a. Circumstances under which the original approval was granted have been changed by the applicant to a degree that one or more of the findings contained in the original approval can no longer be made in a positive manner, and the grantee has not substantially exercised the rights granted by the Variance.
b. One or more of the conditions of the Variance have not been met, or have been violated, and the grantee has not substantially exercised the rights granted by the Variance.
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CHAPTER 19
DESIGN DISTRICT OVERLAY ZONES.
§ 11-19-1 Purpose.
This section sets forth procedures and standards for the establishment of Design Overlay Districts throughout the City. The purpose of the Design Overlay district is as follows.
A. Ensure that development within the overlay is in accordance with adopted Community Character Element goals, policies, and objectives within the adopted General Plan.
B. Promote the character, stability and visual quality of existing neighborhoods and by ensuring that development continues to adhere to the sense of place that has been established in Solvang in terms of design within the Design District Overlay by considering the architectural character and environmental setting of the district.
C. Assist in ensuring the visual attractiveness of residential development that meets the needs of all social and economic groups consistent with the City’s adopted Housing Element while maintain the established design aesthetic that makes Solvang and unique and inviting place to live.
D. Prevent the development of structures or uses which are not of acceptable exterior design or appearance of the established design district overlay.
E. Protect the integrity of previously attained entitlements.
F. Provide for on-going decision maker involvement in project design and evolution of these objective standards to ensure conformity to the established design aesthetic, while adhering to new mandates as required.
§ 11-19-2 Establishment of District.
The City Council may establish new districts, or change boundaries of districts, by following the procedures set forth in Section 11-17-3 of this Zoning Code.
A. Design district boundaries shall be consistent with the Official Zoning Map consistent with Section 11-1-2.
§ 11-19-3. Permit Requirements.
Permit requirements shall be required consistent with Chapter 16 of this Zoning Code for uses as set forth in Chapter 7.
§ 11-19-4. Village Area Design District (DD-1) Standards.
A. Purpose.
1. Maintain high-quality site planning and building design for where new multi-unit attached, mixed-use, and non-residential projects within the identified Village Design District.
2. Continue to promote the “Old World Danish” design aesthetic while maintaining and enhance a high quality of life for residents, creation of business opportunities, and maintaining the design aesthetic as viewed from the public realm, including:
a. Building form that gives exhibits “Old World Danish” (Tudor) design aesthetic that includes inviting pedestrian realm spaces, provides convenient access to buildings and active uses from the street, and creates aesthetically interesting and human-scaled facades 203
to which the Solvang Village is known for. Placement and orientation of doorways, windows, and landscape elements are important features that help create strong, direct relationships between the building frontage/sidewalks and the street. b. Open space requirements provide for a variety of functional, well designed open spaces that mimic courtyard and gathering spaces of Europe that enhance, the quality of life for residents, businesses, and visitors.
c. A vibrant pedestrian network that offers clear circulation paths, as well as parking that is visibly screened from the public right-of-way, maintaining a friendly, inviting environment.
3. Design appropriate screening features to enhance the appearance of district for residents and pedestrians, minimize the appearance of mechanical and trash areas from the public realm, with screening that is architecturally and aesthetically compatible with buildings on site.
4. Facilitate the development or redevelopment of underutilized properties, reduce barriers, and accelerate housing production through the clear communication of design objectives and an efficient review process.
B. This Section provides standards for development projects within the established district including the following:
1. All new structures/buildings within the established district boundary, with the exception of ADUs in conjunction with existing single unit dwellings.
2. Redevelopment projects that propose façade improvements greater than 500 square feet that require a building permit;
3. Additions greater than 500 square feet with the exception of existing single unit residences,
4. Projects that propose an additional story(s), with the exception of additions to single unit dwellings.
5. All proposed re-painting of existing structures within the district, with the exception of existing single unit residences, and ADUs for single unit residences.
6. All proposed re-roofs of existing structures.
C. Mixed-Use Projects.
1. A mixed-use project may combine residential uses with any other uses allowed in the applicable zone where allowed by Section 11-7-3. The residential component of mixed-use development is allowed at ground level behind street-fronting nonresidential uses (horizontal mixed-use) and on upper stories as specified by this Section.
D. Site Planning.
1. Section 11-7-4 shall establish requirements for heights, setback, and lot requirements, unless specified in this section.
E. Building Form and Design.
1. Façade.
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a. All sides of new structures shall include a menu of façade materials.
These materials may be utilized as a stand alone, or in combination. i. Wood
ii. Faux wood material that mimics wood grain texture and colors including but not limited to trex, panels, siding, and other similar architectural grade materials.
iii. Stucco shall be smooth finished
b. No unarticulated or blank walls adjacent to public right of ways shall not run in a continuous plane of more than 15 feet without incorporating at least one of the following:
i. An opening with transparent glazing providing views into work areas, display areas, sales areas, lobbies, or similar active spaces
ii. A working door for ingress/egress
iii. Public art
iv. Outdoor dining areas
2. Architectural Materials. The following is a menu of architectural details are required on all new structures. These may be utilized as a stand alone, or utilized in combination.
a. Bricks.
i. Red or yellow toned bricks comprised of either clay or faux veneer that mimics red/yellow clay bricks shall be utilized. ii. Bricks shall be uniformed in size.
iii. Bricks may be utilized as an accent on a wall or series of walls.
iv. Bricks utilized as accent bands shall have a minimum of four (4) feet in height from finished floor elevation or to the base of required ingress/egress window, whichever is less.
b. Half-timbering shall include the following
i. All beams shall consists of wood or synthetic composite wood like material.
ii. Main beams (Balker) shall be Horizontal with a minimum width of six (6)-inches with a maximum width of 12-inches. iii. Vertical Posts (Stolper). Shall be spaced evenly and align with the main beams (Balker). Minimum spaces shall be two (2) feet apart from each horizontal post, not to exceed four (4) feet.
iv. Diagonal Braces (Skråbånd) shall be utilized to add visual interest.
v. Timber Colors. Shall be dark colors such as black, dark brown, or charcoal grey.
vi. Pattern. timbers in a vertical, horizontal, and diagonal pattern to create a grid or crisscross appearance.
c. Stone or cobbles.
i. Stones such as granite, limestone, fieldstone shall be utilized. Faux stone shall be permitted if the material mimics 205
appearance of natural stone.
ii. Cobble stone may be utilized if constructed of granite or other synthetic materials. Cobble stone shall range in shapes with diameter minimum of four (4) inches to a maximum of 4-inches.
iii. Stone or cobble stone utilized for accent bands shall consist of no more than 30 percent of surface of wall plane facing a public right of way or alleyway.
iv. Mortar utilized in stone or cobble application shall be in a color that complements the stone.
3. Building Mass and Height.
a. Measure of Height for structures. Measurement of floors and structure height shall consist of the following:
i. Building height shall be measured within the village from finished floor area to the top of plate for habitable spaces, and shall not exceed 35-feet in height.
ii. Architectural appendages shall not exceed more than 10-feet beyond the maximum height. This shall include gables,
pitched roofs, dormers, etc.
iii. Structures that include architectural focal points such as windmills, bell towers, steeples, and other similar features, shall not exceed 50-feet consistent with Section 11-7-4. iv. Minimum first floor height shall be 12-feet, as measured from finished floor, with a maximum of 15-feet for multistory buildings. v. Maximum height of 2nd stories and above shall be 10-feet, consistent with traditional construction techniques.
vi. Elevator shaft or stairway. An elevator or stairway to a rooftop deck/upper story open space that is no more than 100 square feet in area and set back from any building edge by at least five feet may exceed the maximum height limit by up to eight feet
b. Overhangs. Structures that are two stories and above that extend beyond the lower floors (jettying) shall adhere to the following:
i. Extend a minimum of 18 inches from the first floor, not to exceed 24-inces as measured from the edge of the first-floor façade.
ii. Decorative brackets. The use of decorative brackets shall be spaced at a minimum of 24-inch intervals.
4. Roofing
a. Decorative Brackets. Use of decorative brackets to support eaves is encouraged. Materials shall consists of stones or decorative wood consistent with section 11-19-4.E.2.
b. Eves. Eaves shall extend a minimum of 12 inches to a maximum of 18 inches.
c. Ridge caps. The use of decorative ridge caps to enhance the roofline 206
is encouraged.
d. Roof Form and Structure. Roofs shall have a minimum pitch of 30 degrees with a maximum pitch of 45 degrees.
e. Roofing Materials. Roofing materials shall consist of the following. i. Clay Tiles, either red or orange hues.
ii. Slate Tiles, either red or orange hues.
iii. Architectural grade asphalt composition that mimics the appearance of traditional roofing materials that contained dimensionality, color variation. Variation and dimensionality.
Layering may also be utilized to create dimensionality and color variation.
f. Rooflines shall be vertically articulated at a maximum of 50-foot intervals along the street frontages through the use of the following:
i. A change in roof height.
ii. A change in roof pitch
iii. Use of a dormer, gables, parapet, chimney.
5. Windows.
a. Decorative elements. Decorative elements are encouraged including but not limited to patterns such as diamond or grid layouts. The use of bars/dividers are also encouraged. If bars/dividers are utilized, the following standards shall be applicable.
i. Divider/Bars shall be proportionally spaced, dividing windows into smaller panes in either 6 over 6 or 8 over 8 design schemes.
ii. Minimum divides/bars shall have a minimum depth of six (6) inches.
b. Placement. Windows shall be placed symmetrically on the façade and adhere to the following spacing standards:
i. Spaced a minimum of 12 inches.
ii. Windows shall be located a minimum of 24 inches from corners of buildings.
iii. Vertical distance between the tops of the windows on one floor and the bottoms of the windows on the floor above should be at least 12 inches.
c. Proportions. Windows shall have a height-to-width ratio of 2:1 to 3:2, reflecting traditional proportions.
d. Shutters. Use of shutters is encouraged.
e. Trim. Use of Trim shall consists of wood or molding that compliments the selected building color. Trim shall be a minimum depth of six (6) inches.
6. Ornamental Details.
a. Balconies. Balconies may be utilized on second stories and above with the following standards:
i. Width of balcony shall be a minimum of three (3) feet, with a maximum width of six (6) feet.
ii. Railing height shall have a maximum height of 42-inches. 207
iii. Balconies shall have a minimum 12-inch projection from the façade.
iv. Railing design shall consist of wrought iron, or powder coated steel/aluminum that mimic the appearance of
wrought iron.
v. Baluster spacing shall be no greater than four (4) inches apart.
vi. Placement of balcony(ies) shall be centered on the facade, aligning with other architectural elements including
windows and doors.
b. Chimneys. Chimneys may be utilized with the following standards:
i. Shall extend a minimum of three (3) feet above the roof line. ii. Minimum width of a chimney shall be two (2) for residential structures and four (4) for commercial/mixed-use structures. iii. Minimum depth shall be 18-inches.
iv. Position chimneys shall either be at the center of a roof line or at the gable ends of the building.
v. Stone or brick materials shall be utilized for the façade of the chimney.
vi. Decorative cap shall be utilized. Metal caps shall be permitted.
c. Dormers. The Use of Dormers is encouraged to create roofline variation. The following standards shall apply.
i. Proportions. Dormers should have a height-to-width ratio of approximately 1:1 or 3:2.
ii. Roof Pitch. Roof pitch shall be a minimum of 30 degrees to a maximum of 60 degrees.
iii. Dormers shall be integrated into to main roof, avoiding abrupt transitions.
iv. Dormers shall have a minimum 12 inch setback from eaves. v. Materials. Materials shall be consistent with roofing materials. Use of timber framing is encouraged.
vi. Trim. Use decorative trims around dormer windows,
matching those on the main façade shall be utilized. Trims shall have a minimum depth of 6-inches.
d. Gables. Use of gables is encouraged to create roofline variation. The following standards shall apply.
i. Roof Pitch. Roof pitch shall be a minimum of 45 degrees to a maximum of 60 degrees.
ii. Proportion. Gables should have a height-to-width ratio of approximately 1:1 or 3:2.
iii. Eaves shall extend a minimum of 12 inches on the gable. iv. Exposed timber framing shall be utilized and may be stained or painted to compliment the building color.
v. Infill material. Use of brick, stone is encouraged for the infill material between the timber or entire gable.
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F. Lighting. Exterior structure lighting shall adhere to the following standards.
1. Design. Lighting fixtures shall complement building design.
2. Shielded fixtures. Fully shielded fixtures shall be utilized that direct light downward and prevent light from escaping upward.
3. Light fixtures shall be limited to a maximum height of 20 feet or the height of the nearest building, whichever is less.
4. Outdoor lighting shall utilize energy-efficient fixtures/lamps such as lightemitting diodes (LED), compact fluorescent lamp (CFL) lights, or other energyefficient fixtures.
5. Non-residential outdoor lighting affixed to poles shall not exceed 20 feet in height.
6. Pathway and Walkway lighting. Bollards with downward-facing lights to illuminate paths without causing glare or skyglow shall be utilized.
G. Landscaping and Open Spaces. Developments are required to meet minimum landscaping and open space standards set forth in Section 11-7-4. The following shall also be applicable.
1. Developments are encouraged to include courtyards and gathering spaces.
Developments greater than 15,000 square feet in gross floor area shall be required to incorporate courtyard or gather spaces which includes the following:
i. shaded seating areas
ii. Public art,
iii. Dining areas oriented towards the public right-of-way iv. Other public amenities in courtyards consistent with proposed building design.
2. Private Residential open spaces. Development projects with proposed residential development shall include a minimum of 60 square feet of private open space.
Minimum dimension, width or depth, of any private residential open space shall be five (5) feet. The private open space shall be accessible from within the unit and may include patio areas, balconies, and decks, but not stairs, entrance decks, stoops, and/or landings.
3. Common Residential Open Space. Common residential open space may be utilized to meet private residential open space requirements. The following standards shall be applicable:
i. Minimum dimension, width or depth, of any common residential open space area shall be 15 feet.
H. Parking and Vehicle Access.
1. Vehicle access shall be located on alleys and side streets where available.
2. Except for driveway access, off-street parking, off-street vehicle loading, and vehicular circulation areas are prohibited between the building and the primary building frontage Pedestrian Access.
3. In the drive aisle, decorative materials such as pavers or scored or colored concrete shall be required from the back of sidewalk for a minimum of five feet in depth.
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4. Driveway Curb Cuts. Curb cuts shall not exceed one curb cut for every 50 feet of street frontage.
I. Pedestrian Access and Circulation.
1. Primary Pedestrian Entrance. For all residential and nonresidential uses, at least one primary entrance to a ground-floor use shall face the primary street right-ofway. Individual residential entries may face a secondary/side street or be accessed through the interior of the building. On corner parcels, the primary entrance may face the street corner of the primary street and a secondary street.
2. Required Pedestrian Connections. An internal system of pedestrian walkways shall be designed to provide direct access connections to and between the following:
i. Entrances to each primary structure;
ii. Off-street parking areas or parking structures;
iii. All site amenities or public gathering spaces; and iv. The public sidewalk system along the perimeter streets abutting the development.
3. Minimum Walkway Width. Internal walkways shall be a minimum of six (6) feet wide where located adjacent to any common open space areas. Internal walkways elsewhere on the property shall be a minimum of four feet wide.
4. Walkways through Vehicle Areas. At each point that the on-site pedestrian walkway system crosses a parking lot, internal street, or driveway, the walkway or crosswalk shall be clearly marked by a change in paving materials distinguished by color, texture, or height.
J. Trash Enclosures and Screening. Solid waste and recycling enclosures shall be articulated consistent with the structure design and are screened from the public-right of-way.
K. Colors. Façade colors shall utilized approved color palettes contained in Appendix A.
Alternative colors may be approved by the Review Authority.
L. Alternative Compliance. Design standards are not intended to limit creative solutions.
Requests for alternative compliance through the Modification to Standards (Section 11- 19-X) process may be accepted for any application to which these standards apply. § 11-19-5. Mission Design District (DD-2) Design Standards.
A. Purpose.
1. Maintain high-quality site planning and building design for where new multi-unit attached mixed-use, and non-residential projects within the established Mission Design District.
2. The Mission Design District is intended to provide cohesive high-quality development that reflects traditional California architectural design and history including the following:
a. Recognize distinctive sites that exemplify the Spanish Colonial Revival structures in the planning area such as Mission Santa Ines and the landmark Veterans Memorial Hall on the north side of 210
Mission Drive
b. Create a cohesive design scheme that embraces an assortment of existing buildings and developments in the district already embrace the Spanish Colonial Revival design style and architectural features within the plan area.
c. Create a distinct separate design aesthetic compared to the Village Design District.
3. Facilitate the development or redevelopment of underutilized properties, reduce barriers, and accelerate housing production through the clear communication of design objectives and an efficient review process.
B. This Section provides standards for development projects within the established district including the following:
1. All new structures/buildings within the established district boundary, with the exception of ADUs in conjunction with existing single unit dwellings.
2. Redevelopment projects that propose façade improvements greater than 500 square feet that require a building permit;
3. Additions greater than 500 square feet with the exception of existing single unit residences,
4. Projects that propose an additional story(s), with the exception of additions to existing residential units.
C. Mixed-Use Projects.
1. A mixed-use project may combine residential uses with any other uses allowed in the applicable zone where allowed by Chapter 7. The residential component of mixed-use development is allowed at ground level behind street-fronting nonresidential uses (horizontal mixed-use) and on upper stories as specified by this Section.
D. Site Planning.
1. Section 11-7-3 shall establish requirements for heights, setback, and lot requirements, unless specified in this section.
E. Building Form and Design.
1. Façade.
a. All sides of new structures shall include smooth or lightly textured stucco.
b. Colors shall be earthtone.
c. No unarticulated or blank walls adjacent to public right of ways shall not run in a continuous plane of more than 15 feet without incorporating at least one of the following:
i. An opening with transparent glazing providing views into work areas, display areas, sales areas, lobbies, or similar active spaces
ii. A working door for ingress/egress
iii. Public art
iv. Outdoor dining areas
v. Arcade or Arch
2. Architectural Materials. The following is a menu of architectural details are required on all new structures. These may be utilized as a stand alone, or utilized 211
in combination.
a. Wrought Iron. Wrought iron may be utilized as decorative materials on the exterior of building including but not limited to window grilles, balconies, railings, light fixtures. The following standards are applicable.
i. Finish. Black, dark bronze or natural patina finished shall be utilized.
ii. Repetition of Design. Use of motifs and patterns across various ironwork elements (e.g., gates, grilles, railings) shall be utilized.
iii. Height. Railings height shall be a minimum of 36-inches. iv. Spacing. Baluster spacing shall be even, with a maximum spacing of four (4) inches between balusters.
v. When used in conjunction with windows, wrought iron shall be securely anchored and integrated with window design. b. Tile. Use of tiles is encouraged as for use in stair risers, baseboards, accent walls and Niches. The following standards are applicable. i. Material. Ceramic or terra cotta tiles shall be utilized. ii. Color. Tile colors shall consist of earthy tones (terracotta, ochre, brown), vibrant blues, greens, yellows, and whites. iii. Patterns. Use of patterns include geometric designs, floral motifs, and traditional Spanish or Moorish-inspired patterns, is encouraged.
iv. Tiles utilized in baseboards shall have a minimum height of two (2) includes from the finished floor elevation, with a maximum of eight (8) inches in height.
v. Tiles are encouraged to create focal points or highlight architectural features, such as alcoves or archways.
c. Wood. The use of wood adds, texture, and authenticity to the building's facade. The following standards are applicable. i. Wood material such as Cedar, redwood, treated pine, or faux wood material that mimics wood grain texture and colors including but not limited to trex, panels, siding, and other similar architectural grade materials shall be utilized. ii. Wood utilized as columns and posts shall have a minimum diameter of 8 inches, not to exceed 12 inches in diameter or width, unless required by the California Building Code. iii. Columns and posts shall be spaced evenly.
iv. Decorative corbels and brackets are encouraged.
3. Building Mass and Height.
a. Measure of Height for structures. Measurement of floors and structure height shall consist of the following:
i. Building height shall be measured within the Mission Design District from finished floor area to the top of plate for habitable spaces, and shall not exceed 35-feet in height. ii. Architectural appendages shall not exceed more than 10-feet 212
beyond the maximum height.
iii. Structures that include architectural focal points such as bell towers, etc, shall not exceed 50-feet consistent with Section 11-7-4.
iv. Minimum first floor height shall be 12-feet.
v. Elevator shaft or stairway. An elevator or stairway to a rooftop deck/upper story open space that is no more than 100 square feet in area and set back from any building edge by at least five feet may exceed the maximum height limit by up to eight feet.
4. Roofing
a. Eves. Eaves shall extend a minimum of 12 inches to a maximum of 24 inches.
b. Soffits. The use of soffits is encouraged. Soffits shall be open or covered with wood plank or stucco.
c. Roof Form and Structure. Roofs shall have a minimum pitch of 15 degrees with a maximum pitch of 30 degrees.
d. Materials. Roofing materials shall consist of the following. i. Clay or terracotta.
ii. Concrete tiles that mimic the design of traditional clay tiles. iii. Metal tiles that mimic the design of traditional clay tiles. iv. Fiber cement tiles that mimic the design of traditional clay. v. All roofing material shall be red, orange, or brown hues. e. Shape. Round or “S” shape tiles (mission/barrel).
f. Rooflines shall be vertically articulated at a maximum of 50-foot intervals along the street frontages through the use of the following:
i. A change in roof height.
ii. A change in roof pitch
iii. Use of a dormer or gables.
5. Windows.
a. Shape. Windows shall be rectangular or arched.
b. Trim. Use of Trim shall consists of wood or molding that compliments the selected building color. Trim shall be a minimum depth of six (6) inches.
6. Ornamental Details.
a. Arches and Arcades. The use of arches and arcades are encouraged. b. Balconies. Balconies may be utilized on second stories and above with the following standards:
i. Width of balcony shall be a minimum of three (3) feet, with a maximum width of eight (8) feet.
ii. Railing height shall have a maximum height of 42-inches. iii. Balconies shall have a minimum 12-inch projection from the façade.
iv. Railing design shall consist of wrought iron, or powder coated steel/aluminum that mimic the appearance of
wrought iron.
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v. Baluster spacing shall be no greater than four (4) inches apart.
vi. Placement of balcony(ies) shall be centered on the facade, aligning with other architectural elements including
windows and doors.
c. Dormers. The Use of Dormers is encouraged to create roofline variation. The following standards shall apply.
i. Dormers shall be integrated into to main roof, avoiding abrupt transitions.
ii. Dormers shall have a minimum 12 inch setback from eaves.. iii. Trim. Use decorative trims around dormer windows,
matching those on the main façade shall be utilized. Trims shall have a minimum depth of 6-inches.
d. Gables. Use of gables is encouraged to create roofline variation. The following standards shall apply.
i. Eaves shall extend a minimum of 12 inches on the gable. ii. Exposed rafters shall be utilized and may be stained or painted to compliment the building color.
F. Lighting. Exterior structure lighting shall adhere to the following standards.
1. Design. Lighting fixtures shall complement building design.
2. Shielded fixtures. Fully shielded fixtures shall be utilized that direct light downward and prevent light from escaping upward.
3. Light fixtures shall be limited to a maximum height of 20 feet or the height of the nearest building, whichever is less.
4. Outdoor lighting shall utilize energy-efficient fixtures/lamps such as lightemitting diodes (LED), compact fluorescent lamp (CFL) lights, or other energyefficient fixtures.
5. Non-residential outdoor lighting affixed to poles shall not exceed 20 feet in height.
6. Pathway and Walkway lighting. Bollards with downward-facing lights to illuminate paths without causing glare or skyglow shall be utilized.
G. Landscaping and Open Spaces. Developments are required to meet minimum landscaping and open space standards set forth in Section 11-7-4. The following shall also be applicable.
1. Developments are encouraged to include courtyards and gathering spaces.
Developments greater than 15,000 square feet in gross floor area shall be required to incorporate courtyard or gather spaces which includes the following:
i. shaded seating areas;
ii. Paseos;
iii. Courtyards;
iv. Patios;
v. Gardens.
2. Private Residential open spaces. Development projects with proposed residential 214
development shall include a minimum of 60 square feet of private open space.
Minimum dimension, width or depth, of any private residential open space shall be five (5) feet. The private open space shall be accessible from within the unit and may include patio areas, balconies, and decks, but not stairs, entrance decks, stoops, and/or landings.
3. Common Residential Open Space. Common residential open space may be utilized to meet private residential open space requirements. The following standards shall be applicable:
vi. Minimum dimension, width or depth, of any common residential open space area shall be 15 feet.
H. Parking and Vehicle Access.
1. Vehicle access shall be located on alleys and side streets where available.
2. Except for driveway access, off-street parking, off-street vehicle loading, and vehicular circulation areas are prohibited between the building and the primary building frontage Pedestrian Access.
3. In the drive aisle, decorative materials such as pavers or scored or colored concrete shall be required from the back of sidewalk for a minimum of five feet in depth.
4. Driveway Curb Cuts. Curb cuts shall not exceed one curb cut for every 50 feet of street frontage.
I. Pedestrian Access and Circulation.
1. Primary Pedestrian Entrance. For all residential and nonresidential uses, at least one primary entrance to a ground-floor use shall face the primary street right-ofway. Individual residential entries may face a secondary/side street or be accessed through the interior of the building. On corner parcels, the primary entrance may face the street corner of the primary street and a secondary street. Use of entry porch, stoop, or covered element shall be incorporated.
2. Required Pedestrian Connections. An internal system of pedestrian walkways shall be designed to provide direct access connections to and between the following:
i. Entrances to each primary structure;
ii. Off-street parking areas or parking structures;
iii. All site amenities or public gathering spaces; and iv. The public sidewalk system along the perimeter streets abutting the development.
J. Trash Enclosures and Screening. Solid waste and recycling enclosures shall be articulated consistent with the structure design and are screened from the public-right of-way.
K. Alternative Compliance. Design standards are not intended to limit creative solutions.
Requests for alternative compliance through the Modification to Standards (Section 11- 19-6) process may be accepted for any application to which these standards apply. § 11-19-5. Review Authority.
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A. Review Authority Established. Review authority shall be consistent with Section 11-19-2 for proposed permit types. If the Planning Manager or their designee has determined that a proposed project has met the objective design standards, the review authority shall be limited to the following:
1. Landscaping.
2. Lighting.
3. Colors.
§ 11-19-6. Modification to Standards.
A. Purpose. This purpose of this Section is to provide the flexibility necessary to allow for minor deviations or exceptions from development standards and/or objective design standards applicable to development to respond to unique conditions of a property or project or to the conditions on adjacent properties, that constitute a reasonable use or development of a property that will be compatible with surrounding uses and development.
B. Applicability. An application for Modification to Standards may only be submitted for the following:
1. Decrease of up to 10 percent in the dimensions that are stated.
2. For additions and alterations to existing buildings, an alteration, relief, or substitution required by an objective design standard listed in Section 11-19-3 and 11-19-4.
3. For new buildings, an alteration, relief, or substitution required by an objective design standard listed in Section 11-19-3 and 11-19-4.
C. Review Authority. the Planning Commission is authorized to approve, conditionally approve, or deny Modification to Standards seeking any type of exception from an objective design standards. The Design Review Committee shall provide a recommendation to the Planning Commission.
D. An application for a Modification to Standards shall be prepared, filed, and processed in compliance with Section 11-16-1.
E. Approval. A modification to standards shall be approved only after the Review Authority makes all of the following findings:
1. The Modification to Standards is consistent with the purpose, intent, goals, policies, programs, and land use designation of the General Plan, Zoning Code, and any applicable specific plan.
2. The Modification to Standards will not be detrimental to the health, safety, or general welfare of the persons within the vicinity.
3. For exceptions to objective design standards, the Modification to Standards will result in a superior design approach suited to the type of development, circumstances at the property or adjacent property(ies), and/or constitutes a reasonable design solution that improves compatibility with surrounding development.
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