CITY OF SOLVANG PLANNING COMMISSION MEETING AGENDA

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1 CITY OF SOLVANG PLANNING COMMISSION MEETING AGENDA Monday, January 7, :00 P.M. Council Chambers Solvang Municipal Center 1644 Oak Street Members: Staff: Gay Infanti, Vice-Chair; Aaron Petersen; Jack Williams, Daniel Johnson Holly Owen, Planning & Economic Development Director Roy Hanley, Assistant City Attorney Brynda Messer, Assistant Planner PLEDGE TO THE FLAG 1. PRELIMINARY MATTERS: A. Public Comment: Requests from the public to speak to the Commission on matters not on the agenda B. Requests for Continuance, Withdrawals, or Addition of Ex-Agenda items C. Conflicts and/or Ex-Parte Communications D. Approval of Minutes from December 3, 2018 meeting 2. PUBLIC HEARINGS ON NEW DEVELOPMENT AND CITY PROJECTS A. Consideration by the Planning Commission and public testimony regarding a proposed addition to the Solvang Zoning Ordinance pertaining to the addition of story poles and on-site noticing requirements as part of project review and approval. 3. DISCUSSION ITEMS 4. PLANNING COMMISSIONER S COMMENTS 5. PLANNING/COMMUNITY DEVELOPMENT DIRECTOR S COMMENTS (Oral reports only/no written materials provided in packet) 6. ADJOURNMENT In Compliance with the Americans with Disabilities Act, if you need special assistance to participate in a meeting, you should contact the Office of Administrative Services at or the California Relay Service. Notification 48 hours prior to the meeting would enable the City to make reasonable arrangements to ensure accessibility to this meeting.

2 CITY OF SOLVANG PLANNING COMMISSION DRAFT MEETING MINUTES Monday, December 3, :00 P.M. Regular Hearing of the Planning Commission Council Chambers Solvang Municipal Center 1644 Oak Street Commissioners Present: Commissioners Absent: Robert Clarke, Chair; Gay Infanti, Vice-Chair; Jack Williams, Aaron Petersen, Daniel Johnson None Staff Present: Staff Absent: Holly Owen, Planning & Economic Development Director Roy Hanley, Assistant City Attorney Brynda Messer, Assistant Planner CALL TO ORDER: Chair Clarke called the meeting to order at 6:00 p.m. PLEDGE TO THE FLAG 1. PRELIMINARY MATTERS: A. Public Comment: Requests from the public to speak to the Commission on matters not on the agenda None B. Requests for Continuance, Withdrawals, or Additions of Ex-Agenda items None. C. Conflicts and/or Ex-Parte Communications None

3 Planning Commission Meeting Minutes Meeting Date: December 3, 2018 D. Approval of Minutes September 4, 2018 Motion to approve the minutes made by Commissioner Infanti and seconded by Commissioner Williams. Vote is PUBLIC HEARING ON NEW DEVELOPMENT AND CITY PROJECTS A. Request of the Planning Director for review of proposed language, amending Zoning Ordinance Section to reflect legal requirements for Accessory Dwelling Units (ADUs). Holly Owen, Planning Director, presented the staff report, stating that Brynda Messer, Assistant Planner, had prepared the staff report and PowerPoint presentation for the meeting, but had fallen ill so she would present in her absence. She provided a background on the state s mandate on Accessory Dwelling Units and followed stating that Planning Commission had discussed the issue previously, and had brought their recommendations to Council. Council then directed staff to research water and sewer capacity in regard to ADUs and owner/occupancy requirements. Ms. Owen continued through the staff report and PowerPoint, noting items that can be regulated by local jurisdictions and asked the Planning Commission for recommendations for each item. Chair Clarke asked the commissioners for comments and questions. Commissioner Infanti asked Ms. Owen how many ADUs have been applied for and how many have been issued permits. Ms. Owen answered that five have been applied for and three have been approved. Ms. Infanti asked if there is a way for the City to require neighbor noticing for ADUs. Roy Hanley, Assistant City Attorney, answered that he did not think there was a prohibition against noticing neighbors, but what would they do with neighbor comments. Staff to research this question. Commissioner Petersen asked if ADUs are not allowed on certain areas of land (hillside, slope, etc.) Mr. Hanley answered they are supposed to be allowed everywhere permissible. Discussion followed regarding allowing ADUs in fire hazard areas and that a city cannot craft an ordinance to allow neighbor veto power. Discussion followed regarding review time and when does the 120 day review time

4 Planning Commission Meeting Minutes Meeting Date: December 3, 2018 start and stop. Commissioner Petersen asked if the ADU would require separate water and sewer meters and fees. Ms. Owen stated that Ms. Messer had sent a text stating a new detached unit could have a sub-meter off the existing meter. Discussion followed regarding fees and how to gauge what is considered a proportional cost. Chair Clarke asked why sprinklers would not be required and why BAR review is not required and Mr. Hanley stated the code says city s may not burden the project, and Commissioner Petersen stated the BAR could suggest things, but not mandate items on single family dwellings. Commissioner Williams made comments that could not be heard (mike off). Discussion followed regarding the City s water supply and that Public Works staff would be tasked to do a water study in the future. Commissioner Infanti asked if there can be a requirement for on-site parking if the street fronting the proposed ADU had no sidewalk. Mr. Hanley responded that the City cannot impose that on an ADU proposal. Commissioner Williams stated that ADUs were supposed to encourage below market rate rentals and how is that encouraged. Mr. Hanley stated you cannot do that unless you impose rent control. Commissioner Petersen stated that with owner/occupancy the owner could live in the ADU and rent out the primary residence. Chair Clarke opened public comment: Susan Bott: WE Watch. Thanked staff for the thorough staff report Had concerns regarding the following: 1. Setbacks: incorporate SLO s guidelines 2. Lot Size: keep it like original ordinance 3. Max Size: incorporate SLO s guidelines 4. Max Height: keep as low as possible 5. Design Guidelines: incorporate SLO s language (compatibility) 6. Zones: is fine with residential zones allowing ADUs She had further concerns regarding the water supply, regional housing, vacation rentals, parking. Chair Clarke closed public comment. Ms. Owen asked the commission for a recommendation. Commissioner Petersen stated he likes the SLO ordinance. Commissioner Infanti stated she would like to keep the ordinance as close as possible to the old ordinance, she feels 1,200 square feet for

5 Planning Commission Meeting Minutes Meeting Date: December 3, 2018 detached ADUs is too large, and that 50% of the primary residence is also too large. Commissioner Williams stated he likes the summary provided from Ms. Bott. 1. DISCUSSION ITEMS None 2. PLANNING COMMISSIONER S COMMENTS Ms. Owen thanked the commissioners for their service this year. 3. PLANNING/COMMUNITY DEVELOPMENT DIRECTOR S COMMENTS None Chair Clarke adjourned the meeting.

6 Agenda Item: 2A PLANNING COMMISSION STAFF REPORT CONSIDERATION AND RECOMMENDATION OF THE ADDITION TO SECTION OF THE SOLVANG ZONING ORDINANCE REQUIRING THE USE OF STORY POLES AND THE ADDITION OF ON-SITE NOTICING RQUIREMENTS TO SECTION , PUBLIC HEARING NOTICES MEETING DATE: January 7, 2019 TO: FROM: CITY PLANNING COMMISSION Holly Owen, Planning Director, City of Solvang DATE PREPARED: December 5, 2018 LOCATION: Citywide REQUEST: Discussion and recommendation to City Council the addition of a requirement to be added to Section , Development Plans, to require story poles and Section , Public Hearing Notices, to require on-site noticing for certain development projects in the City of Solvang. I. RECOMMENDATION: A. Review of proposed language, amending Zoning Ordinance Section and , to require the use of story poles to assess visual impacts and on-site noticing requirements for projects in the City of Solvang. After discussion and review, the Commission will recommend the ordinance changes to Council for their review and approve Resolution 19-01, recommending changes to the Zoning Ordinance. II. BACKGROUND AND DISCUSSION: The use of story poles and visual on-site noticing in the form of a placard has become more common as cities allow more density within their city limits. The advantage of using story poles is that it gives the community a sense of mass and scale for a proposed project. They are used to build a temporary full scale representation of the proposed structures, made of wood or PVC pipe, to be constructed within a time frame that will allow the public to express more well-informed opinions about the possible impacts that a project will have before it is scheduled for a public hearing. A current local example of the use of story poles is in Buellton, behind the shopping center at Highway 246 and McMurray Road (behind the current location of Tractor Supply) see photo below.

7 Ordinance Amendment - Story Poles and On-Site Noticing Requirements PC Hearing Date: January 7, 2019 Page 2 The advantage of on-site noticing, which would be for all projects requiring a public hearing, is that the surrounding community is made more aware of upcoming projects and hearings. Currently, we have a 300-foot noticing requirement to be mailed to the owners of the properties in that radius. Any tenants, renters, or other interested parties would need to have been told of the public hearing by the owner or happen to see the public notice in the newspaper. On-site noticing placards will be available at our Planning Department and will be issued when the application is deemed complete. The applicant will be required to install the placard and staff will verify that it is posted before the ten day period has begun. As Solvang grows and as expansion outside our current City limits is not supported at present, it could become a denser urban environment. Although current building height is restricted to 35 feet for both commercial and residential uses, applicants may request modifications to height ( G (1)) as part of the development plan approval process. In addition, the requirement for rezoning to meet state housing requirements may require an increase in the height limits for structures in certain zones in the future. The use of story poles, paid for by the applicant and in place before project approval, will allow the community to visualize potential impacts with regard to sightlines, mass and scale of the proposed structures as well as the impact to existing view sheds.

8 Ordinance Amendment - Story Poles and On-Site Noticing Requirements PC Hearing Date: January 7, 2019 Page 3 IV. FURTHER DISCUSSION: Each jurisdiction may determine the appropriate time frame for installation and dismantling/removal of the story poles, and how long the on-site noticing placard needs to remain in place. After review of other cities requirements, Staff is recommending that story poles and onsite placards be in place a minimum of ten days before a scheduled public hearing. Staff is recommending that the story poles be removed after the appeal period has expired for project review and determination (usually ten days) and that the on-site noticing placards be in place until building permit issuance. The criteria for requiring story poles varies with the jurisdiction. Some requirements are governed by a height limit, such as a requirement for structures over 25 in height. As Solvang has only a few vacant parcels left and as certain projects will have more of a visual impact, Staff recommends that determination as to the requirement for story poles be made at the staff level at the time of application. Upon Council direction and after approval of the requirements, Planning Staff will create the appropriate forms for applicants, as well as facilitate the creation of the on-site posting signs. V. ATTACHMENTS: 1. Proposed Amendments to Zoning Ordinance , (redlined) 2. List of Jurisdictions Using Story Poles 3. Example of On-Site Posting Instructions (City of Santa Barbara) 4. Example of Story Pole Requirements (County of Santa Clara) 5. Planning Commission Draft Resolution 19-01

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16 ATTACHMENT 2 KNOWN CALIFORNIA JURISDICTIONS USING STORY POLES Orange County Marin Burlingame Huntington Beach Sausalito Calabasas Hermosa Beach San Luis Obispo Tiburon Manhattan Beach Hillsborough Oak Grove Playa Del Ray Saratoga Pleasanton Beverly Hills San Mateo Piedmont Rancho Palos Verdes Burton Ridge Menlo Park Del Mar San Rafael Clayton Dana Point Berkeley Martinez Newport Beach La Habra Heights Novato Seal Beach San Francisco Mission Viejo Encinitas Pacific Palisades Monterey Laguna Beach La Canada Pacific Grove Costa Mesa Solana Beach Oceano La Jolla Carlsbad Morro Bay Sunset Beach Dana Point Oceanside Los Gatos Brisbane Pasadena Cupertino Larkspur Buellton Palo Alto Glendale Capistrano Montecito San Diego Big Sur Santa Barbara San Carlos Richmond Los Altos Hills Palm Desert Belmont Half Moon Day Goleta Berkeley Mammoth Lakes Palm Springs Santa Cruz Sun Valley Santa Clara Beaufort Santa Fe Albany Mill Valley Florence Emeryville Grover Beach Petaluma Healdsburg Orinda Moraga San Clemente Seaside Belvedere Pinole San Carlos Long Beach Monte Sereno Rancho Estates El Cerrito Los Cerritos

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21 PC RESOLUTION NO A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SOLVANG, RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE AMENDING TITLE 11, ZONING REGULATIONS, TO ADD THE REQUIREMENT FOR ON-SITE PUBLIC HEARING NOTICING AND THE USE OF STORY POLES; AND TO ACCEPT THE EXEMPTION, PURSUANT TO OF THE GUIDELINES FOR IMPLEMENTATION OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT THE PLANNING COMMISSION OF THE CITY OF SOLVANG HEREBY RESOLVES AS FOLLOWS: WHEREAS, the Planning Commission has reviewed the proposed amendments to the aforementioned Section of the City s Municipal Code, Title 11, and, WHEREAS, the Planning Commission has held a duly noticed Public Hearing on the proposed amendments to the Municipal Code, Title 11, on January 7, 2019, at which time all interested persons were given the opportunity to be heard; and WHEREAS, the Planning Commission has reviewed the amendments in compliance with the California Environmental Quality Act (CEQA) and has determined that the project is Exempt under the General Rule, Section of the Guidelines for the Implementation of California Environmental Quality Act, and directs staff to prepare and file a Notice of Exemption; WHEREAS, the Planning Commission, after due research and deliberation makes the following findings in regards to the proposed amendments to Title 11: 1. The potential environmental impacts are insignificant; 2. The proposed amendments are in the interest of the general community welfare; 3. The proposed amendments are consistent with the General Plan, the requirements of State Planning & Zoning Laws, and the Solvang Municipal Code; and 4. The proposed amendments are consistent with good zoning and planning practices. NOW, THEREFORE BE IT RESOLVED that the Planning Commission of the City of Solvang hereby recommends that the City Council approve the amendments to the aforementioned Sections of Title 11 of the Solvang Municipal Code, and accept the Exemption from the California Environmental Quality Act (CEQA). On motion by Commissioner and seconded by Commissioner, the foregoing Resolution is hereby adopted by the following vote: AYES: NOES: ABSENT: DATE: January 7, 2019

22 PC Resolution Title 11 Ordinance Amendments Adopted: January 7, 2019 Page 2 APPROVED: Gay Infanti Planning Commission Co-Chair APPROVED AS TO CONTENT: Holly R. Owen, AICP Planning & Economic Development Director