Adoption of two resolutions, first readings of three more happen in complicated proceedings
In a meeting that had even members of the Solvang City Council shaking their heads about new resolutions and procedures, two resolutions were passed and three more had first readings concerning zoning changes proposed by the Planning Department.
The zoning changes were introduced by Planning and Building Manager Rafael Castillo in Agenda Item 7a, which consisted of the five parts, were made to give the city more control over what could and couldn’t be built in the city, and to protect itself against projects being built via the state’s Builder’s Remedy.
The changes also are proposed to align with the City of Solvang’s 2045 General Plan, along with three zoning changes required by the state for the city’s Sixth Cycle Housing Element which was approved by the city in December 2023.
In giving his report, Castillo zeroed in a state law SB-9, that allows for property owners in single-family residential zones to complete the following: Split a single lot, regardless of size, into two lots; construct dwelling units for duplexon each lot, and accesory dwelling unit (ADU), meaning a lot in a Solvang residential zone can have six units per lot.
“Anyone who comes in tomorrow and applies for an SB-9 lot split can get this tomorrow, no public hearing,” Castillo said. “I think that’s not what we want for the valley, that’s not what we want for Solvang. What we have going for us is a great community, with a robust amount of public input.”
To combat that law, Castillo said the city should consolidate the 7-R-1 and 8-R-1 residential areas south of downtown to close the SB-9 loophole, which would provide more local control over housing decisions. A builder would still be able by law, to propose building out on those lots, but it would by subject to public comment and would have to go through city approval.
Castillo also proposed for building form and design to split the downtown area into two zones, one the Village District (DD-1) and the Mission District (DD-2). Castillo said that would give the city the ability to have the say over how buildings look in the downtown area, and could design an illustrated handbook to help local builders and business owners understand the rules.
“The Design Review Committee’s first task for February will be how to meld these into a guidebook,” he said.
When it came time for council questions, Councilmember Elizabeth Orona asked, with the dependency expected of the guidebook from developers, how they would define the guidelines. Castillo replied the guidelines are already defined by the city code, and the guidebook would add photos and illustrations to make it more palatable.
District 3 Councilmember and Mayor Pro Tem David Brown asked if having an agricultural component on the Mission Santa Ines would be banned. Castillo answered that they already have permission from the LA Archdiocese to have one if it is proposed. Castillo also said that city permits would be required by the mission for general events, but not church events.
Public comment was generally negative toward the proposed zoning changes, with the main objections being that the changes were being pushed through too quickly, and residents were still concerned about the potential lot splits still being possible.
“It’s not about NIMBYism; we support reasonable developemnt,” said resident Brian Carillo. “The zoning changes are not accompanied by a thorough, transparent analysis on issues. I urge council to pause the process.”
Solvang resident and business owner Aaron Petersen weighed in on the building regulations for downtown.
“We need objective standards, and this is missing too many key elements,” he said. “The detail is admirable, but it needs input from the DRC. Good start, but don’t pass it as law; slow down.”
Castillo, however, said that these developments wouldn’t be final and can be fine tuned.
“There needs to be a starting point,” he said. “There will be changes, but we need a starting point.”
When it came time to vote on the item, Councilmembers Elizabeth Orona and Claudia Orona recused themselves because they lived and/or worked within 500 feet of properties affected by the zoning changes.
The three-man panel of Councilmember Robert Clarke, Mayor Mark Infanti, and Brown consulted frequently with City Attorney Chelsea O’Sullivan to figure out their options, voting on the first resolution 24-1272 adopting an Addendum to the FEIR Solvang Comprehensive General Plan Update and Rezoning.
At first, Infanti moved to reject the resolution, which OK’d required CEQA guidelines, but O’Sullivan advised that if they did, making changes on it later could be difficult. Castillo reminded the council that the Housing Element hinged on passing the resolution, and being behind on the rezone deadline, they needed to shown progress.
Ultimately, Infanti motioned to approve the resolution with Clarke seconding, and it passed 3-0.
The second part, Resolution No. 24-1273, which amended the zoning of one parcel downtown from Tourist Commercial to Park passed quickly by another 3-0 vote.
The next three were first readings: Item 4, Ordinance No. 24-377 contained most of the zoning changes, passed 2-1 with the dissenting vote by Infanti.
Claudia Orona returned for the next first reading, on Ordinance No. 24-376, changing six lots from Recreational to Open Space, with Clarke motion to approve quickly passing 4-0.
Elizabeth Orona returned to make it a full council for the last part, Ordinance No. 24-378, which concerned the Repealing and Replacing Title 11 (Zoning Regulations) of the Solvang Municipal Code and the Official Zoning Map of the City of Solvang. That item passed 4-1, with Elizabeth Orona dissenting.
The council will next meet on Dec. 9, with the transfer to the new City Council, including the swearing-in of David Brown as the mayor, and Infanti and Claudia Orona as district-based councilmembers to take place on that night.
