Most readers already know that, pursuant to the Elections Code, the Solana Beach City Council commissioned an outside report on “... the effect of the proposed Initiative measure” titled “Community Access to and Use of Fletcher Cove Community Center.” The completed report was received by the Council during its meeting Wednesday, Nov. 6, 2013. However, the findings of this report by the law firm of Lounsbery Ferguson Altona & Peak were neither discussed nor referenced by the Council at that time.
The report concludes that “... based on the documents and analysis included in this Report, there are not expected to be adverse impacts to the City’s General and Specific Plans, zoning, land use, housing, funding for infrastructure, schools, parks, traffic, parking, open space ...” (underlines added. See Report Section D., Conclusion, p. 11)
The report goes on to say:
“The Initiative would be internally consistent with the General Plan and the Highway 101 Corridor Specific Plan.” (C.2.a, p. 5)
“The City has tools to prevent adverse impacts from events at the FCCC. A special event permit can be denied if an applicant does not adequately provide safety measures for noise, as determined by the City Manager in his sole discretion.” (C.3.a, p.6)
“Any Special Use Permit issued for the FCCC for resident-hosted events must be approved by the City Manager. The City Manager must consider ‘the disruption to public transit and traffic flow’ and the application may be denied if it ‘has not adequately provided for safety measures including, but not limited to: traffic, crowd control, noise, parking, and sanitation facilities.’ “ (C.4.c, p. 8).
While my earlier letters to the editor proposed that post-Initiative regulation of FCCC usage, if needed, could be achieved through changes to those Municipal Code sections that are incorporated by reference in the Initiative, the Council’s chosen law firm pointed out a much simpler way: the permit process. In view of this, I hope these legal findings will ease the minds of the nearby residents and the Council who fear that they are being strait-jacketed if the Initiative passes in the forthcoming special election. As for costs, the report notes that the cost of the special election is about 5 percent of the undesignated General Fund reserves (C.1.a, p 4).
The report is on the City website as City Council Action Agenda of Nov. 6, 2013, Staff Reports Item C.1, Updated Report #1, attachment 1.