2/14/24

On Oct. 6, 2023, an out-of-town developer submitted a pre-application for a Builder’s Remedy project that ignores both the existing Solvang City zoning and that of the Draft Housing Element currently being considered by the California Department of Housing and Community Development (HCD) for two lots along Alamo Pintado Road, across from the Nielsen’s Shopping Center. The owner/developer proposes to put 109 apartments occupying more than 105,000 square feet in 3 three-story buildings on 5.48 acres. Builder’s Remedy projects are proposed when a jurisdiction does not have a certified Housing Element.

The City had hoped to work cooperatively with the owner by encouraging a Lot Line Adjustment to create a less constrained parcel of 2.5 acres that would be zoned for high-density residential. 

However, much earlier (and unknown to both the City and the public) in March of 2023, the developer’s attorney had written to the State asking HCD to “deny the City of Solvang’s draft Housing Element” which had not yet been adopted. The developer sought to have HCD force Solvang to revert to an earlier version of the draft Housing Element, on the grounds that “NIMBYs” were arbitrarily dictating the public planning process.

When members of the public found out about the letter to HCD they encouraged the City to write HCD rebutting the allegations and defending the public planning process, but the City chose not to respond. Residents were shocked to accidentally discover that the City had incorporated within the Environmental Review of Solvang’s Housing Element the alternative project for Site C submitted by the developer that was totally inconsistent with the Draft Housing Element. 

The Builder’s Remedy project will include 22 affordable units that are greatly needed, however the City had hoped to see 36 affordable units developed on the lower flatter half of the site that has fewer constraints that would impede affordability. That direction was included in the Draft Housing Element developed over two years that Solvang submitted to HCD for review and that was certified by the State agency on Feb. 12, 2024.

The buildings as proposed would reach 40-41 feet tall (35’ is the current City height limit). Many mature oak trees would be removed. The access would rely on a single driveway, creating a serious safety problem in the event of fire, earthquake or flooding.

Upset residents argue that the apartments are a generic “cookie-cutter” design totally inappropriate for the varied topography of the site. The side of Building B facing Alamo Pintado is more than 230’ long (2/3 of a football field). Building C is almost as long and would be set 32’ above the road. The buildings would permanently change the entire character of an important entry into the City.

Many Solvang residents attended the public workshops and hearings and submitted oral and /or written comments regarding appropriate residential development that would include much-needed affordable housing.  Cumulatively, they spent thousands of hours participating in the process of delineating the community’s vision for the future. 

Neighbors and residents pointed out that the larger steep hilly parcel was seriously constrained due to topography, difficult access, an existing drainage, and the presence of the historic Mission Aqueduct. They also noted that problematic expansive soils and the extensive grading needed would add to the expense of development and undercut affordability. They claimed that the lower flatter portion of the site was more suitable for affordable housing because it would be more economic to develop. They noted that high-density development of the entire site would require a large retention basin that would displace housing from the part of the site most economical to develop. 

They reminded city officials that traffic was the single issue of greatest concern to residents, and that unnecessary development on the site would cause existing traffic problems at adjacent intersections (Old Mission Drive/Alamo Pintado Road & Alamo Pintado Road/Hwy. 246) to be even worse.

Residents are encouraging the City to push back against the Builder’s Remedy project that negates the public planning process. Solvang and other Santa Ynez Valley residents have pointed out that this is the largest construction project proposed in Solvang since Skytt Mesa was developed and that the City should not abdicate control of the zoning and development of Solvang.

The City’s Housing Element was certified by HCD on February 12th, “prescribing policy goals and objectives to shape and guide the physical development of the City.” However, the developer is still required to address a major issue: Meeting the requirements of the California Environmental Quality Act (CEQA). 

According to the City’s website, “No CEQA determination has been made; however, it is anticipated the following items will be required:
    • Geotechnical report;
    • Preliminary biological analysis and assessment;
    • Arborist report for proposed development around oak trees or proposed oak tree     removals;
    • Cultural resources assessment and analysis; and
    • View-shed analysis.

“Based on initial reviews, other documents will be required for CEQA determination, as a part of a complete application submittal.”

From the State’s website: “CEQA mandates actions all state and local agencies must take to advance that policy. Specifically, for any project under CEQA's jurisdiction with potentially significant environmental impacts, agencies must identify mitigation measures and alternatives by preparing an Environmental Impact Report, and must approve projects with feasible mitigation measures and the environmentally superior alternative.” 

Earlier, on November 3, 2023, the City sent a Preliminary Plan Review letter to the developer notifying them that they have until April 3, 2024 to file a full development application, including CEQA. If the developer fails to meet the deadline, they lose the ability to proceed with the Builder’s Remedy zoning they want to have applied.

A Change.org petition (https://chng.it/TQ5VKFVMw9 calling for the City to oppose the project as planned has been viewed by more than 36,000 people and gathered more than 2,500 signatures from the citizens of Solvang, the Santa Ynez Valley, the County and tourists from around the State and Country.