Council approves Rincon contract for Wildwood EIR over public objections about omitted easement parcels

Solvang's City Council on Feb. 11 approved a contract with Rincon Consultants Inc. to prepare the initial study and environmental impact report for the proposed Wildwood development, despite multiple speakers urging the council to pull the item from consent so the scope would explicitly include easement parcels they say will be materially affected.

Residents told the council the contract's project understanding and Exhibit A did not identify all parcels involved in the application and omitted easement areas that the developer proposes to use for access and parking. "I don't think the contractor, Rincon, has a good understanding of the scope of the project based upon the packet," said Dennis Beebe (resident), who asked the council to discuss the item rather than approve it on consent.

Al Cortese (resident) added that the contract "does not include the property that represents 20% of the development that is easement property," and urged council members to move the item to the discussion calendar. Multiple speakers said the staff report misstates the project acreage and the number of affordable units in recent submissions.

City planning staff told the council the contract before them is to "prepare a legally adequate CEQA document" and that the detailed project description, including site access, grading, utilities, phasing and other elements, will be developed during the public scoping phase. Rafael (city staff) said task 3 of the scope requires a project description that will "include a description of the site and surrounding uses" and that impacts to additional parcels or easements would be included in the CEQA analysis if the project or its effects would occur there.

Staff explained that the public scoping meeting, tribal consultation under AB 52, peer review and any necessary follow-up technical studies are part of the normal CEQA process; additional technical work can be requested if peer reviewers identify gaps. "The proposal lists a number of tasks, to get through that process," Rafael said, adding that the consultant would typically run the scoping meeting together with city staff.

Several residents warned the council that omitting the easement from environmental review could exclude analysis of traffic, drainage and noise impacts on neighboring properties: "It will not analyze the dangers of accumulation and drainage of water on the impervious, easement road running downhill to empty onto Hillside Drive," said Steve Martin (resident). Others said the staff packet listed only two APNs while the project affects additional parcels.

Councilmembers asked procedural questions, including whether the consent pull or discussion would count as one of the five hearings allowed under the developer's legal pathway; staff replied it would not. Councilmembers also discussed whether the contract's cost included sufficient technical expertise; staff said peer review and additional technical studies can be ordered if needed and the applicant would pay those fees.

After discussion, Councilmember Infante moved to approve the agreement; the motion passed on a roll call vote of four to one. The final tally was: Councilmember Infante, yes; Mayor Pro Tem Claudia Arona, yes; Councilmember Smith, no; Councilmember Elizabeth Arona, yes; Mayor Brown, yes. The contract amount before the council was described as not to exceed $2,252,277 and the city estimated work could take roughly nine months to a year.

Why it matters: Approving the consultant contract begins the formal CEQA process for a high-profile and contested project. The public scoping and EIR phases will determine the specific environmental topics, technical studies and parcels that are included in the legally required impact analysis. Public commenters urged the council to ensure the scope explicitly encompasses easement acreage and appropriate engineering reviews for traffic and geotechnical impacts.

What happens next: City staff and the consultant will hold a publicly noticed scoping meeting, perform tribal consultation consistent with AB 52, and publish draft environmental materials for public review. Staff said it will place technical materials on the city website and notify interested parties via the city's mailing list.

Votes at a glance

- Item: Approve agreement with Rincon Consultants Inc. to prepare an IS/EIR for LUP 23-242 (Wildwood). Motion: Approve contract not to exceed $2,252,277. Vote: 4-1 (Infante yes; Mayor Pro Tem Claudia Arona yes; Smith no; Elizabeth Arona yes; Mayor Brown yes).