WHEREAS, the City has determined that it is in the public interest to adopt the proposed floodplain management regulations that are coordinated with the California Building Standards Code.
THE CITY COUNCIL OF THE CITY OF CARPINTERIA DOES ORDAIN AS FOLLOWS:
SECTION 1. INCORPORATION OF RECITALS
The above recitals are true and correct and are incorporated herein, and are each relied upon independently by the City Council for its adoption of this Ordinance.
SECTION 2. AMENDMENT TO CHAPTER 15.50 (FLOOD DAMAGE
PROTECTION) OF TITLE 15 (BUILDINGS AND CONSTRUCTION) OF THE
CARPINTERIA MUNICIPAL CODE
Chapter 15.50 (Flood Damage Protection) of Title 15 (Buildings and Construction) of the Carpinteria Municipal Code is hereby amended to read as follows:
Chapter 15.50 - FLOOD DAMAGE PROTECTION
15.50.010 - Statutory authorization.
The Legislature of the State of California has in Government Code Sections 65302, 65560, and 65800 conferred upon local governments authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry.
These regulations, in combination with the flood provisions of California Code of Regulations Title 24, the California Building Standards Code consisting of the Part 2 (building), Part 2.5 (residential), Part 10 (existing building), and related codes, shall be known as the Floodplain Management Regulations of the City of Carpinteria.
15.50.020 - Findings of fact.
A. The flood hazard areas of the city are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.
B. These flood losses are caused by uses that are inadequately elevated, floodproofed, or protected from flood damage. The cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities also contributes to the flood loss.
15.50.030 - Purpose.
2 Ordinance No. 759
It is the purpose of this chapter to promote the public health, safety, and general welfare. and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
A. Protect human life and health;
B. Minimize expenditure of public money for costly flood control projects; C. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; D. Minimize prolonged business interruptions;
E. Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in areas of special flood hazard;
F. Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future blighted areas caused by flood damage; Ensure that potential buyers are notified that property is in an area of special flood hazard; and G. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
Coordination with California Building Standards Code. Pursuant to the requirement established in State statute that the City of Carpinteria administer and enforce the California Building Standards Code, the city council of the City of Carpinteria hereby acknowledges that the building codes contain certain provisions that apply to the design and construction of buildings and structures in flood hazard areas. Therefore, these regulations are intended to be administered and enforced in conjunction with the building codes. The issuance or denial of a floodplain development permit pursuant to this Code is a ministerial act for the purposes of Section 21080, subdivision (b) (1), of the Public Resources Code.
15.50.040 - Methods of reducing flood losses.
In order to accomplish its purposes, this chapter includes methods and provisions to:
A. Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities;
B. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
3 Ordinance No. 759
Page4
C. Control the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters; D. Control filling, grading, dredging, and other development which may increase flood damage; and
E. Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.
15.50.050 - Definitions.
Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application. Where terms are not defined in these regulations and are defined in the building code (CCR Title 24 Part 2) and used in the residential code (CCR Title 24 Part 5), such terms shall have the meanings ascribed to them in those codes. Where terms are not defined in these regulations or the building code, such terms shall have ordinarily accepted meanings such as the context implies.
1. "Accessory structure" means a structure on the same parcel of property as a principal structure and the use of which is incidental to the use of the principal structure. For floodplain management purposes, the term includes only accessory structures that are used either:
a. Solely for the parking of no more than two cars; or
b. A small, low cost shed for limited storage, less than one hundred fifty square feet and one thousand five hundred dollars in value.
2. "Accessory use" means a use which is incidental and subordinate to the principal use of the parcel of land on which it is located.
3. "Alluvial fan" means a geomorphologic feature characterized by a cone or fan-shaped deposit of boulders, gravel, and fine sediments that have been eroded from mountain slopes, transported by flood flows, and then deposited on the valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration.
4. "Agricultural Structure" means a walled and roofed structure used exclusively for agricultural purposes or uses in connection with the production, harvesting, storage, raising, or drying of agricultural commodities and livestock, including aquatic organisms. Structures that house tools or equipment used in connection with these purposes or uses are also considered to have agricultural purposes or uses. 4 Ordinance No. 759
5. "Apex" means the point of highest elevation on an alluvial fan, which on undisturbed fans is generally the point where the major stream that formed the fan emerges from the mountain front.
6. "Appeal" means a request for a review of the floodplain administrator's interpretation of any provision of this chapter or a request for a variance.
7. "Area of special flood hazard" (see "Special flood hazard area").
8. "ASCE 24" means the standard Flood Resistant Design and Construction, referenced by the building code, developed and published by the American Society of Civil Engineers, Reston, VA. Where cited, ASCE 24 refers to the edition of the standard that is referenced by the building code.
9. "Base flood" means a flood which has a one percent chance of being equaled or exceeded in any given year (also called the "100-year flood").
Base flood is the term used throughout this chapter. [Also defined in CCR Title 24 Part 2.]
10. "Base flood elevation (BFE)" shall mean the elevation shown on the Flood Insurance Rate Map for Zones AE AH, AO, A 1-30, VE and VI-V30 that indicates the water surface elevation resulting from a flood that has a 1- percent or greater chance of being equaled or exceeded in any given year.
11. "Basement" means any area of the building having its floor subgrade (i.e., below ground level on all sides). [Also defined in CCR Title 24 Part 2.]
12. "Breakaway walls" are any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which is not part of the structural support of the building and which is designed to break away under abnormally high tides or wave action without causing any damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by flood waters. A breakaway wall shall have a safe design loading resistance of not less than ten and no more than twenty pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions:
a. Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and
b. The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood.
5 Ordinance No. 759
13. "Building code" means California Code of Regulations Title 24, the California Building Standards Code, the family of building r.orlP.s specifically adopted by the State of California and composed of:
1. Part 2, applicable to buildings and structures other than dwellings within the scope of this part.
2. Part 2.5, applicable to one- and two-family dwellings and townhouses not more than three stories, and accessory structures.
3. Part 10, applicable to existing buildings (as defined in that code).
4. Other specified codes.
14. "Building" (see "Structure").
15. "Coastal high hazard area" means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. It is an area subject to high velocity waters, including coastal and tidal inundation or tsunamis. The area is designated on a flood insurance rate map (FIRM) as Zone V1-V30, VE, or V. [Also defined in CCR Title 24 Part 2.]
16. "Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
17. "Encroachment" means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain.
18. "Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the placing of foundations) is completed before the effective date of the floodplain management regulations adopted by the city council on September 28, 1987.
19. "Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites on or after July 7, 1978 by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the placing of foundations).
20. "Federal Emergency Management Agency (FEMA)" means the Federal Emergency Management Agency, an agency of the United States 6 Ordinance No. 759
Department of Homeland Security.
21. "Flood, flooding, or flood water" means:
a. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source; and/or mudslides (i.e., mudflows); and b. The condition resulting from flood-related erosion.
22. "Flood boundary and floodway map (FBFM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the floodway.
23. "Flood hazard boundary map" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated the areas of flood hazards.
24. "Flood insurance rate map (FIRM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. [Also defined in CCR Title 24 Part 2.]
25. "Flood insurance study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the flood insurance rate map, the flood boundary and floodway map, and the water surface elevation of the base flood. [Also defined in CCR Title 24 Part 2.]
26. "Floodplain or flood-prone area" means any land area susceptible to being inundated by water from any source (see "Flooding")."Floodplain administrator" is the individual appointed to administer and enforce the floodplain management regulations.
27. "Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.
28. "Floodplain management regulations" means this chapter and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other application of police power which control development 7 Ordinance No. 759
in flood-prone areas. This term describes federal, state or local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage.
29. "Floodproofing" means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents (refer to FEMA Technical Bulletins TB 1-93, TB 3-93, and TB 7-93 for guidelines on dry and wet flood proofing.)
30. "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as "regulatory floodway." [Also defined in CCR Title 24 Part 2.)
31. "Floodway fringe" is that area of the floodplain on either side of the "regulatory floodway" where encroachment may be permitted.
32. "Fraud and victimization" as related to Section 15.50.240, of this chapter, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the city council will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty to one hundred years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates.
33. "Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long-term storage or related manufacturing facilities.
34. "Governing body" is the local governing unit (i.e., county or municipality) which is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry.
35. "Hardship" as related to Section 15.50.240 of this chapter means the exceptional hardship that would result from a failure to grant the requested variance. The city council requires that the variance be exceptional, 8 Ordinance No. 759
unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.
36. "Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
37. "Historic structure" means any structure that is:
a. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; b. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
c. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or
d. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs.
38. "Levee" means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding.
39. "Levee system" means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices.
40. "Lowest floor" means the lowest floor of the lowest enclosed area, including basement (see "Basement").
9 7
Ordinance No. 759
a. An unfinished or flood roaistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor provided it conforms to applicable nonelevation design requirements, including, but not limited to:
i. The wet floodproofing standard in Section 15.50.160(C)(3); ii. The anchoring standards in Section 15.50.160(A);
111. The construction materials and methods standards in Section 15.50.160(8); and
Iv. The standards for utilities in Section 15.50.170.
b. For residential structures, all subgrade enclosed areas are prohibited as they are considered to be basements (see
"Basement"). This prohibition includes below-grade garages and storage areas.
41. "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle."
42. "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
43. "Market value" shall be determined by estimating the cost to replace the structure in new condition and adjusting that cost figure by the amount of depreciation which has accrued since the structure was constructed. The cost of replacement of the structure shall be based on a square foot cost factor determined by reference to a building cost estimating guide recognized by the building construction industry. The amount of depreciation shall be determined by taking into account the age and physical deterioration of the structure and functional obsolescence as approved by the floodplain administrator, but shall not include economic or other forms of external obsolescence. Use of replacement costs or accrued depreciation factors different from those contained in recognized building cost estimating guides may be considered only if such factors are included in a report prepared by an independent professional appraiser and supported by a written explanation of the differences.
44. "Mean sea level" means, for purposes of the National Flood Insurance 10 Ordinance No. 759
Program, the North America Vertical Datum (NAVO) of 1988 or other datum, as determined by the floodplain administrator, to which base flood elevations shown on a community's flood insurance rate map are referenced.
45. "New construction" for floodplain management purposes, means structures for which the "start of construction" commenced on or after the effective date of floodplain management regulations adopted by the city, and includes any subsequent improvements to such structures on or after September 28, 1987.
46. "New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the placing of foundations) was completed on or after July 7, 1978.
47. "Obstruction" includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.
48. "One-hundred-year flood" or "100-year flood" (see "Base flood").
49. "Primary frontal dune" means a continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal storms.
The inland limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively mild slope.
50. "Public safety and nuisance" as related to Section 15.50.240 of this chapter, means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.
51. "Recreational vehicle" means a vehicle which is:
a. Built on a single chassis;
11 Ordinance No. 759
b. Four hundred square feet or less when measured at the largest horizontal projection;
C. Designed to be self-propelled or permanently towable by a lightduty truck; and d. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
52. "Regulatory floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
53. "Remedy a violation" means to bring the structure or other development into compliance with state or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing state or federal financial exposure with regard to the structure or other development.
54. "Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
55. "Sand dunes" mean naturally occurring accumulations of sand in ridges or mounds landward of the beach.
56. "Sheet flow area" (see "Area of shallow flooding").
57. "Special flood hazard area (SFHA)" means an area in the floodplain subject to a one percent or greater chance of flooding in any given year. It is shown on an FHBM or FIRM as Zone A, AO, AI-A30, AE, A99, AM, VI - V30, VE or V.
58. "Start of construction" includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the placing of foundations, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufacture home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, 12 Ordinance No. 759
and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. This applies to all permit dates on or after July 7, 1978.
59. "Structure" means a walled and roofed building that is principally above ground. This includes a gas or liquid storage tank or a manufactured home.
60. "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent of the market value of the structure before the damage occurred.
61. "Substantial improvement" means any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either:
a. Any project for improvement of a structure to correct existing violations of existing state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
b. Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure."
62. "V zone" (see "Coastal high hazard area").
63. "Variance" means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.
64. "Violation" means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided.
13 Ordinance No. 759
65. "Water surface elevation" means the height, in relation to the North America Vertical Datum (NAVO) of 1988, (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
66. "Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.
15.50.060 - Lands to which this chapter applies.
This chapter shall apply to all areas of special flood hazards within the jurisdiction of the city.
15.50.070 - Basis for establishing areas of special flood hazard.
The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study (FIS) dated March 15, 1977 [[[see below FEMA records]]] and accompanying flood insurance rate (FIRMs) and flood boundary and floodway maps (FBFMs), and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this chapter. This FIS and attendant mapping is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the city by the floodplain administrator. The FIS, FIRMs and FBFMs are on file at City Hall, 5775 Carpinteria Avenue, Carpinteria, California.
14 Ordinance No. 759
Community Status Book Report
CALIFORNIA
Communities Partic.ipating in the National Flood Program CID Community Name County lnit lnit FIRM Curr EffReg-EmerTribal CRS FHBM Identified Map Date Entry
Identified Date Date
06007 4 BISHOP, CITY OF INYO COUNTY 06/07174 06/19/85 12/03/20 06/19/85 No 060438 BLUE LAKE, CITY OF HUMBOLDT COUNTY 01/17/75 09/30/82 11/04/16 09/30/82 No 060248 BLYTHE, CITY OF RIVERSIDE COUNTY 05/10174 06/30/76 (NSFHA) 06/30176 No 065017 BRADBURY, CITY OF LOS ANGELES 11/21175 09/26/08 (NSFHA) 09/07/84 No COUNTY
060066 BRAWLEY, CITY OF IMPERIAL COUNTY 06/18/76 09/26/08 09/26/08 08/04178 No (M)
060214 BREA CITY OF ORANGE COUNTY 05/24174 12/02/80 12/03/09 12/02/80 No 060439 BRENTWOOD, CITY OF CONTRA COSTA 02/07175 06/16/09 03/21/17 04/15/79 No COUNTY
060314 BRISBANE. CITY OF SAN MATEO 05/24174 03/29/83 04/05/19 03/29/83 No COUNTY
060757 BUELLTON, CITY OF SANTA BARBARA 12/20/74 03/15179 12/04/12 10/16195 No COUNTY
USE THE SANTA BARBARA COUNTY [060331] FIRM.
060215 BUENA PARK, CITY OF ORANGE COUNTY 11/01174 02101179 12103/09 02/01179 No 065018 BURBANK, CITY OF LOS ANGELES 07/19/74 03/16181 09126/08 01/23/81 No COUNTY
065019 BURLINGAME, CITY OF SAN MATEO 06128174 09/16/81 04105/19 09/16181 No 05/01/12 COUNTY
060017 BUTTE COUNTY• BUTTE COUNTY 09/06174 09/29/89 01/06/11 09/29189 No 0607 49 CALABASAS, CITY OF LOS ANGELES 12/02/80 12/21118 03110/93 No COUNTY
CALABASAS IS LOCATED ON FIRM PANEL 065043 0613B.
060633 CALAVERAS COUNTY" CALAVERAS 11/29177 09105/90 05116117 09105190 No COUNTY
060067 CALEXICO, CITY OF IMPERIAL COUNTY 02101174 01120182 09126108 01120/82 No 060440 CALIFORNIA CITY, CITY OF KERN COUNTY 04115177 01102182 09126/08 01/20182 No 0607 40 CALIMESA, CITY OF RIVERSIDE COUNTY 08/28/08 08/28/08 05/01191 No USE THE RIVERSIDE COUNTY [060245) FIRM.
060068 CALIPATRIA, CITY OF IMPERIAL COUNTY 04/12/74 09/26/08 (NSFHA) 06/01/82 No 060206 CALISTOGA, CITY OF NAPA COUNTY 05/10/74 09128179 09/26108 09/28179 No 065020 CAMARILLO, CITY OF VENTURA COUNTY 07119174 09/29/86 01107115 09129/86 No 060338 CAMPBELL, CITY OF SANTA CLARA 05131174 06130176 02/19114 06/30176 No COUNTY
060753 CANYON LAKE, CITY OF RIVERSIDE COUNTY 04115180 04119/17 09115198 No
THE CITY OF CANYON LAKE HAS ADOPTED THE RIVERSIDE
COUNTY (060245) FIRM PANELS 2060, 2070 AND 2090.
060354 CAPITOLA, CITY OF SANTACRUZ 05/17174 08/15184 09/29/17 08115/84 No COUNTY
060285 CARLSBAD, CITY OF SAN DIEGO COUNTY 05/31174 06114177 12/20119 06114/77 No 060196 CARMEL BY THE SEA CITY OF MONTEREY COUNTY 06114174 04102109 06121117 12118/97 No 060332 CARPINTERIA, CITY OF SANTA BARBARA 06121174 03115/77 09128118 03115/77 No COUNTY
15.50.080 - Compliance.
No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor.
Nothing herein shall prevent the city council from taking such lawful action as is necessary to prevent or remedy any violation.
15.50.090 - Abrogation and greater restrictions.
This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another chapter, ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
15 '
Ordinance No. 759
15.50.100 - Interpretation.
In the interpretation and application of this chapter, all provisions shall be:
A. Considered as minimum requirements;
B. Liberally construed in favor of the governing body; and C. Deemed neither to limit nor repeal any other powers granted under state statutes.
15.50.110 -Warning and disclaimer of liability.
The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the city, any officer or employee thereof, the State of California, or the Federal Insurance Administration, Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.
15.50.120 - Severability.
This chapter and the various parts thereof are hereby declared to be severable.
Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.
15.50.130 - Establishment of development permit.
A development permit shall be obtained before any construction or other development begins within any area of special flood hazard established in Section
15.50.070. Application for a development permit shall be made on forms furnished by the floodplain administrator and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevation of the area in question; existing or proposed structures, fill; storage of materials; drainage facilities; and the location of the foregoing. Specifically, the following information is required:
A. Site plan, including but not limited to:
1. For all proposed structures, spot ground elevations at building corners and twenty foot or smaller intervals along the foundation footprint, or one foot contour elevations throughout the building site; 16 Ordinance No. 759
2. Proposed locations of water supply, sanitary sewer, and utilities;
3. If available, the base flood elevation from the flood insurance study and/or flood insurance rate map; and
4. If applicable, the location of the regulatory floodway.
B. Foundation design detail, including but not limited to:
1. Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures;
2. For a crawl-space foundation, location and total net area of foundation openings as required in_Section 15.50.160(C)(3) of this chapter and FEMA Technical Bulletins 1-93 and 7-93; and
3. For foundations placed on fill, the location and height of fill, and
4. compaction requirements (compacted to ninety-five percent using the Standard Proctor Test method).
C. Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in Section
15.50.160(C)(2) of this chapter and FEMA Technical Bulletin TB 3-93.
D. All appropriate certifications listed in Section 15.50.150 of this chapter; and
E. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
15.50.140 - Designation of the floodplain administrator.
The city manager or his designee is hereby appointed to administer, implement, and enforce this chapter by granting or denying development permits in accord with its provisions.
15.50.150 - Duties and responsibilities of the floodplain administrator.
The duties and responsibilities of the floodplain administrator shall include, but not be limited to the following.
A. Permit Review. Review all development permits to determine that:
1. Permit requirements of this chapter have been satisfied, including determination of substantial improvement and substantial damage of existing structures;
17 Ordinance No. 759
2. All other required state and federal permits have been obtained;
3. The site is reasonably safe from flooding; and
4. The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purposes of this chapter, "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point within the City of Carpinteria.
5. All new development, including construction, excavation, and grading, except for flood control projects and nonstructural agricultural uses, shall be prohibited in the floodway unless offsetting improvements in accordance with this chapter are provided.
6. All letters of map revision (LOMR's) for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued based on conditional letters of map revision (CLOMR's). Approved CLOMR's allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition.
B. Review, Use and Development of Other Base Flood Data. 1 . When base flood elevation data has not been provided in accordance with Section 15.50.070, the floodplain administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source, in order to administer Sections 15.50.160 and 15.50.210.
Any such information shall be submitted to the city council for adoption; or
2. If no base flood elevation data is available from a federal or state agency or other source, then a base flood elevation shall be obtained using one of two methods in FEMA publication, "Managing Floodplain Development in Approximate Zone A Areas- A Guide for Obtaining and Developing Base (100-year) Flood Elevations," in order to administer Sections 15.50.160 and 15.50.210
a. Simplified method.
i. One hundred year or base flood discharge shall be
obtained using the appropriate regression equation
18 Ordinance No. 759
found in a U.S. Geological Survey publication, or the
discharge-drainage area method; and
ii. Base flood elevation shall be obtained using the
Quick-2 computer program developed by FEMA; or
b. Detailed method.
1. One hundred year or base flood discharge shall be
obtained using the U.S. Army Corps of Engineers
HEC-HMS computer program; and
11. Base flood elevation shall be obtained using the U.S.
Army Corps of Engineers HEC-RAS computer
program.
C. Notification of Other Agencies.
1. In alteration or relocation of a watercourse:
a. Notify adjacent jurisdictions and the California Department of Water Resources prior to alteration or relocation;
b. Submit evidence of such notification to FEMA; and
c. Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained.
2. Base Flood Elevation changes due to physical alterations:
a. Within six months of information becoming available or project completion, whichever comes first, the floodplain administrator shall submit or assure that the permit applicant submits technical or scientific data to FEMA for a letter of map revision (LOMR).
b. All LOMR's for flood control projects are approved prior to the issuance of building permits. Building Permits must not be issued based on conditional letters of map revision
(CLOMR's). Approved CLOMR's allow construction of the
proposed flood control project and land preparation as
specified in the "start of construction" definition. Such submissions are necessary so that upon confirmation of
those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data.
19 Ordinance No. 759
3. Changes in corporate boundaries: Notify FEMA in writing whenever the corporate boundaries have been modified by annexation or other means and include a copy of a map of the community clearly delineating the new corporate limits.
D. Documentation of Floodplain Development. Obtain and maintain for public inspection and make available as needed the following:
1. Certification required by Section 15.50.160(C)(1) (lowest floor elevations);
2. Certification required by Section 15.50.160(C)(2) (elevation or floodproofing of nonresidential structures);
3. Certification required by Section 15.50.160(C)(3) (wet floodproofing standard);
4. Certification of elevation required by Section 15.50.180 (subdivision standards);
5. Certification required by Section 15.50.200 (floodway encroachments);
6. Information required by Section 15.50.21 0(F) (coastal construction standards); and
E. Map Determinations. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard. Where there appears to be a conflict between a mapped boundary and actual field conditions, grade and base flood elevations shall be used to determine the boundaries of the special flood hazard area. The person contesting the action of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Chapter 15.50.230 F. Remedial Action. Take action to remedy violations of this chapter as specified by Section 15.50.080
15.50.160 - Standards of construction.
In all areas of special flood hazards the following standards are required:
A. Anchoring.
1. All new construction and substantial improvements shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
20 Ordinance No. 759
2. All manufactured homes shall meet the anchoring standards of Section 15.50.190.
B. Construction Materials and Methods. All new construction and substantial improvement shall be constructed:
1. With flood resistant materials as specified in FEMA publication, "Flood Damage- Resistant Materials Requirements," and utility equipment resistant to flood damage;
2. Using methods and practices that minimize flood damage;
3. With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; and
4. Within Zones AH or AO, so that there are adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures.
C. Elevation and Floodproofing.
1. Residential construction, new or substantial improvement, and manufactured homes shall have the lowest floor, including basement:
a. In AE, AH, A1-30 Zones, elevated to or above the base flood elevation and freeboard.
b. In an AO zone, elevated above the highest adjacent grade to a height equal to or exceeding the depth number specified in feet on the FIRM and freeboard, or elevated at least two feet above the highest adjacent grade if no depth number is
specified and freeboard.
c. In an A zone, without BFE's specified on the FIRM
[unnumbered A zone], elevated to or above the base flood elevation and freeboard; said base flood elevation shall be determined by one of the methods in Section 15.50.150(8) of this chapter.
d. In a VE zone, the lowest horizontal support member
elevated to or above the base flood elevation and freeboard. 21 '
Ordinance No. 759
Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by licensed civil engineer, architect, or land surveyor; and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the floodplain administrator.
2. Nonresidential construction, new or substantial improvement, shall either be elevated to conform with subsection (A)(1) of this section, or together with attendant utility and sanitary facilities:
a. Be floodproofed together with attendant utility and sanitary facilities, below the base flood elevation so that the structure is watertight with walls substantially impermeable to the passage of water;
b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
c. Be certified by a licensed civil engineer, architect, or land surveyor that the standards of this subsection are satisfied.
Such certification shall be provided to the floodplain
administrator.
3. All new construction, substantial improvement, and manufactured homes with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater.
Designs for meeting this requirement shall follow the guidelines in FEMA publications, "Flood Damage- Resistant Materials
Requirements," and "Wet Floodproofing Requirements," and must exceed the following minimum criteria:
a. Have a minimum of two openings having a total net area of not less than one square inch for every square foot of
enclosed area subject to flooding. The bottom of all openings shall be no higher than one foot above adjacent natural grade. Openings may be equipped with screens, louvers,
valves or other coverings or devices provided that they permit the automatic entry and exit of floodwater; or
b. Be certified by a licensed civil engineer, architect, or land surveyor.
4. Manufactured homes shall also meet the standards in Section
15.50.190.
22 Ordinance No. 759
5. All new and substantially improved garages and low-cost accessory structures shall meet the following standards:
a. Accessory structure used solely for parking (2-car detached garages or smaller) or limited storage (small, low-cost sheds) may be constructed such that its floor is below the base flood elevation provided the structure is designed and constructed in accordance with the following requirements:
i. Use of the accessory structure must be limited to
parking or limited storage;
11. The portions of the accessory structure located below the BFE must be built using flood-resistant materials;
111. The accessory structure must be adequately anchored to prevent flotation, collapse and lateral movement;
iv. Any mechanical and utility equipment in the accessory structure must be elevated or floodproofed to or above
the BFE;
v. The accessory structure must comply with floodplain
encroachment provisions in Section 15.50.200, and
vi. The accessory structure must be designed to allow for the automatic entry of flood waters in accordance with
Section 15.50.160.
b. Detached garages and accessory structures not meeting the above standards must be constructed in accordance with all applicable standards in Section 15.50.160.
15.50.170 - Standards for utilities.
A All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from the systems into flood waters.
B. On-site waste disposal systems shall be located to avoid impairment to them, or contamination from them during flooding.
15.50.180 - Standards for subdivisions.
A All preliminary subdivision proposals shall identify the special flood hazard area and the elevation of the base flood.
23 7
Ordinance No. 759
□. All subdivision plans will provide the elevation of proposed structure(s) and pad(s). If the site is filled above the base flood elevation, the lowest floor and pad elevations and lowest adjacent grade shall be certified by a licensed civil engineer, architect, or land surveyor; and provided to the floodplain administrator.
C. All subdivision proposals shall be consistent with the need to minimize flood damage.
D. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.
E. All subdivisions shall provide adequate drainage to reduce exposure to flood hazards.
15.50.190 - Standards for manufactured homes.
A All manufactured homes that are placed or substantially improved, on sites located: (1) outside of a manufactured home park or subdivision; (2) in a new manufactured home park or subdivision; (3) in an expansion to an existing manufactured home park or subdivision; or (4) in an existing manufactured home park or subdivision upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall:
1. Within Zones A1-30, AH, and AE on the community's flood insurance rate map, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and freeboard and be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
2. Within Zones V1-30, V, and VE on the community's flood insurance rate map, meet the requirements of Section 15.50.210.
B. All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones Al-30, AH, AE, V1-30, V, and VE on the community's flood insurance rate map that are not subject to the provisions of subsection 15.50.190(A) will be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and be elevated so that either the:
1. Lowest floor of the manufactured home is at or above the base flood elevation and freeboard; or
2. Manufactured home chassis is supported by reinforced piers or other 24 Ordinance No. 759
foundation elements of at least equivalent strength that are no less than thirty-six inches in height above grade.
Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a licensed civil engineer, architect, or land surveyor; and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the floodplain administrator
15.50.195 - Standards for recreational vehicles.
A. All recreational vehicles placed on sites within Zones A1-30, AH, and AE on the community's Flood Insurance Rate Map will either:
1. Be on the site for fewer than one hundred eighty consecutive days, and be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or
2. Meet the permit requirements of Sections 15.50.130, 15.50.140,
15.50.150 and 15.50.220 of this chapter and the elevation and anchoring requirements for manufactured homes in Section
15.50.190(A).
B. Recreation vehicles placed on sites within Zones V1-30, V, and VE on the community's Flood Insurance Rate Map will meet the requirements of Sections 15.50.195 and 15.50.210.
15.50.200 - Floodways.
Located within areas of special flood hazard established in Section 15.50.020 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters, which carry debris, potential projectiles, and erosion potential. the following provisions apply:
A. Prohibit encroachments, including fill, new construction, substantial improvement, and other new development unless certification by a licensed civil engineer, architect, or land surveyor is provided demonstrating that encroachments shall not result in any increase in the base flood elevation during the occurrence of the base flood discharge.
B. If Section 15.50.200(A) is satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of this section.
15.50.210 - Coastal high hazard areas.
25 Ordinance No. 759
Within coastal high hazard areas, Zone VE, as established under Section 15.50.070, the following otnndnrde chall apply:
A. All new construction and substantial improvement shall be elevated on adequately anchored pilings or columns and securely anchored to such pilings or columns so that the lowest horizontal portion of the structural members of the lowest floor (excluding the pilings or columns) is elevated to or above the base flood level. The pile or column foundation and structure attached thereto is anchored to resist flotation, collapse, and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water loading values used shall be those associated with the base flood. Wind loading values used shall be those required by applicable state or local building standards.
B. All new construction and other development shall be located on the landward side of the reach of mean high tide.
C. All new construction and substantial improvements shall have the space below the lowest floor free of obstructions or constructed with breakaway walls as defined in Section 15.50.050 of this chapter. Such temporarily enclosed space shall not be used for human habitation and will be usable solely for parking of vehicles, building access or storage.
D. Fill shall not be used for structural support of buildings.
E. Manmade alteration of sand dunes which would increase potential flood damage is prohibited.
F. The floodplain administrator shall obtain and maintain the following records:
1. Certification by a registered engineer or architect that a proposed structure complies with Section 15.50.21 0(A); and
2. The elevation (in relation to mean sea level) of the bottom of the lowest structural member of the lowest floor (excluding pilings or columns) of all new and substantially improved structures, and whether such structures contain a basement.
15.50.213 - Mudslide (i.e., mudflow) prone areas.
A. The floodplain administrator will review permits for proposed construction or other development to determine if it is proposed within a mudslide area.
B. Permits shall be reviewed to determine that the proposed site and improvement will be reasonably safe from mudslide hazards. Factors to be ,-1 considered in making this determination include but are not limited to the:
26 Ordinance No. 759
1. Type and quality of soils;
2. Evidence of ground water or surface water problems;
3. Depth and quality of any fill;
4. Overall slope of the site; and
5. Weight that any proposed development will impose on the slope.
C. Within areas which may have mudslide hazards, the floodplain administrator shall require that:
1. A site investigation and further review be made by persons qualified in geology and soils engineering;
2. The proposed grading, excavation, new construction, and substantial improvement be adequately designed and protected against mudslide damages;
3. The proposed grading, excavations, new construction, and substantial improvement not aggravate the existing hazard by creating either onsite or off-site disturbances; and
4. Drainage, planting, watering, and maintenance not endanger slope stability.
15.215 - Flood-related erosion-prone areas.
A. The floodplain administrator shall require permits for proposed construction and other development within all flood-related erosion-prone areas as known to the City of Carpinteria.
B. Permit applications shall be reviewed to determine whether the proposed site alterations and improvements will be reasonably safe from flood-related erosion and will not cause flood- related erosion hazards or otherwise aggravate the existing hazard.
C. If a proposed improvement is found to be in the path of flood-related erosion or would increase the erosion hazard, such improvement shall be relocated or adequate protective measures shall be taken to avoid aggravating the existing erosion hazard.
D. Within Zone Eon the Flood Insurance Rate Map, a setback is required for all new development from the ocean, lake, bay, riverfront or other body of water to create a safety buffer consisting of a natural vegetative or contour strip. 27 Ordinance No. 759
This buffer shall be designated according to the flood-related erosion hazard and erosion rate, in relation to the anticipated useful life of structures, and depending upon the geologic, hydrologic, topographic, and climactic characteristics of the land. The buffer may be used for suitable open space purposes, such as for agricultural, forestry, outdoor recreation and wildlife habitat areas, and for other activities using temporary and portable structures.
15.50.220 - Nature of variances.
The variance criteria set forth in this section of the ordinance are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this chapter would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels.
The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners.
It is the duty of the City of Carpinteria to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below flood level are so serious that variances from the flood elevation or from other requirements in the flood ordinance are quite rare. The long-term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited.
Therefore, the variance guidelines provided in this chapter are more detailed and contain multiple provisions that must be met before a variance can be properly granted.
The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate.
15.50.230 - Appeal board.
A. The planning commission of the city shall hear and decide appeals and requests for variances from the requirements of this chapter.
B. The planning commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the floodplain administrator in the enforcement or administration of this chapter.
C. In passing upon requests for variances, the planning commission shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and the
1. Danger that materials may be swept onto other lands to the injury of others;
2. Danger of life and property due to flooding or erosion damage;
3. Susceptibility of the proposed facility and its contents to flood damage 28 Ordinance No. 759
and the effect of such damage on the existing individual owner and future owners of the property;
4. Importance of the services provided by the proposed facility to the community;
5. Necessity to the facility of a waterfront location, where applicable;
6. Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
7. Compatibility of the proposed use with existing and anticipated development;
8. Relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
9. Safety of access to the property in time of flood for ordinary and emergency vehicles;
10. Expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and
11. Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges.
D. Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that
1. The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars ($25) for one hundred dollars ($100) of insurance coverage, and
2. Such construction below the base flood level increases risks to life and property. It is recommended that a copy of the notice shall be recorded by the floodplain administrator in the office of the county recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.
E. The floodplain administrator shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Insurance Administration and Federal Emergency Management Agency.
29 Ordinance No. 759
15.50.240 - Conditions for variances.
A. Generally, variances may be issued for new construction, substantial improvement, and other proposed new development to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of Sections 15.50.130 through 15.50.210 of this chapter have been fully considered. As the lot size increases beyond one-half (1/2) acre, the technical justification required for issuing the variance increases.
B. Variances may be issued for the repair or rehabilitation of "historic structures" upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
C. Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result.
D. Variances shall only be issued upon a determination that the variance is the "minimum necessary" considering the flood hazard, to afford relief. "Minimum necessary" means to afford relief with a minimum of deviation from the requirements of this chapter. For example, in the case of variances to an elevation requirement, this means the planning commission need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the planning commission believes will both provide relief and preserve the integrity of the local ordinance.
E. Variances shall only be issued upon a:
1. Showing of good and sufficient cause;
2. Determination that failure to grant the variance would result in exceptional hardship (as defined in Section 15.50.050) to the applicant; and
3. Determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance, cause fraud or victimization of the public, or conflict with existing local laws or ordinances.
F. Variances may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of this section are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats 30 Ordinance No. 759
to public safety and does not create a public nuisance.
G. Upon consideration of the factors of Section 15.50.230 and the purposes of this chapter, the planning commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
SECTION 3. REPEAL OF EXISTING ORDINANCE(S) AND REGULATION(S) This Ordinance specifically repeals and replaces the following ordinance(s) and regulation(s): Ordinance No. 496, 1993; and Section 15.50.050 (Definitions) of Chapter
15.50 of Title 15 (Buildings and Construction).
SECTION 4. EFFECTIVE DATE
This Ordinance shall be in full force and effect thirty (30) days following a second reading of the Ordinance; and before the expiration of fifteen (15) days following passage, this Ordinance shall be published once with the names of the members of the City Council voting for and against the same in the Coastal View News, a newspaper of general circulation, published in the City of Carpinteria.
SECTION 5. SEVERABILITY
If any section, subsection, sentence, clause, phrase or word of this Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decisions shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed and adopted this Ordinance, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid.
SECTION 6. CEQA EXEMPTION
The City Council finds that this Ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines§ 15060(c)(3) (this activity is not a "project" as defined in CEQA Guidelines§ 15378(b)(3)).
SECTION 7. LIMITED EFFECT
Except as explicitly provided herein, all other provisions of Title 15 (Buildings and Construction) of the Carpinteria Municipal Code shall remain unchanged and in full force and effect.
PASSED, APPROVED AND ADOPTED on September 26, 2022, by the following vote:
AYES: COUNCILMEMBER(S):
31 Ordinance No. 759
NOES: COUNCILMEMBER(S):
ABSENT: COUNCILMEMBER(S):
ABSTAIN: COUNCILMEMBER(S):
Mayor, City of Carpinteria
ATTEST:
Brian C. Barrett, CMC, City Clerk
City of Carpinteria
I hereby certify that the foregoing Ordinance was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of Carpinteria held on September 26, 2022.
Brian C. Barrett, CMC, City Clerk
City of Carpinteria
APPROVED AS TO FORM:
Jena S. Acos, on behalf of Brownstein
Hyatt Farber Schreck, LLP acting as
City Attorney of the City of Carpinteria
32 ATTACHMENT B
Annotated Draft Ordinance
THIS PAGE INTENTIONALLY LEFT BLANK
Technical Review prepared by Brian J. Trushinski, FEMA Region 9 Senior NFIP Specialist
Completed: October 1, 2021
All text in red color= required changes to the ordinance All text in green color = suggestions for added text to the ordinance; at the City's discretion
Chapter 15.50 - FLOOD DAMAGE PROTECTION
15.50.010 - Statutory authorization.
The Legislature of the State of California has in Government Code Sections 65302, 65560, and 65800 conferred upon local government units authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry.
Therefore, the city council of the City of Carpinteria does hereby adopt the folloi.ving floodplain management regulations.
These regulations, in combination with the flood provisions of California Code of Regulations Title 24, the California Building Standards Code consisting of the Part 2 (building), Part 2.5 (residential), Part 10 (existing building), and related codes, shall be known as the Floodplain Management Regulations of the City of Carpinteria. (Ord. 589 § 1 (part), 2003: Ord. 416 § 3 (part), 1987)
15.50.020 - Findings of fact.
A. The flood hazard areas of the city are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.
B. These flood losses are caused by uses that are inadequately elevated, floodproofed, or protected from flood damage. The cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities also contribute to the flood loss.
(Ord. 589 § 1 (part), 2003: Ord. 416 § 3 (part), 1987)
15.50.030 - Purpose.
It is the purpose of this chapter to promote the public health, safety, and general welfare. and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
A. Protect human life and health;
B. Minimize expenditure of public money for costly flood control projects; C. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; D. Minimize prolonged business interruptions;
E. Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines: and streets and bridges located in areas of special flood hazard;
F. Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future blighted areas caused by flood damage; Ensure that potential buyers are notified that property is in an area of special flood hazard; and G. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
(Ord. 589 § 1 (part), 2003: Ord. 416 § 3 (part), 1987)
Coordination with California Building Standards Code. Pursuant to the requirement established in State statute that the City of Carpinteria administer and enforce the California Building Standards Code, the city council of the City of Carpinteria hereby acknowledges that the building codes contain certain provisions that apply to the design and construction of buildings and structures in flood hazard areas. Therefore, these regulations are intended to be administered and enforced in conjunction with the building codes. The issuance or denial of a floodplain development permit pursuant to this Code is a ministerial act for the purposes of Section 21080, subdivision (b) (1), of the Public Resources Code.
15.50.040 - Methods of reducing flood losses.
In order to accomplish its purposes, this chapter includes methods and provisions to:
A. Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities;
B. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
C. Control the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters; D. Control filling, grading, dredging, and other development which may increase flood damage; and
E. Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas. (Ord. 589 § 1 (part), 2003: Ord. 416 § 3 (part), 1987)
15.50.050 - Definitions.
Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter it's most reasonable application. Where terms are not defined in these regulations and are defined in the building code (CCR Title 24 Part 2) and used in the residential code (CCR Title 24 Part 5), such terms shall have the meanings ascribed to them in those codes. Where terms are not defined in these regulations or the building code, such terms shall have ordinarily accepted meanings such as the context implies.
1. "Accessory structure" means a structure that is either on the same parcel of property as a principal structure and the use of which is incidental to the use of the principal structure. For floodplain management purposes, the term includes only accessory structures that are used either:
a. Solely for the parking of no more than two cars; or
b. A small, low cost shed for limited storage, less than one hundred fifty square feet and one thousand five hundred dollars in value.
2. "Accessory use" means a use which is incidental and subordinate to the principal use of the parcel of land on which it is located.
3. "Alluvial fan" means a geomorphologic feature characterized by a cone or fan-shaped deposit of boulders, gravel, and fine sediments that have been eroded from mountain slopes, transported by flood flows, and then deposited on the valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration.
4. "Agricultural Structure" means a walled and roofed structure used exclusively for agricultural purposes or uses in connection with the production, harvesting, storage, raising, or drying of agricultural commodities and livestock, including aquatic organisms. Structures that house tools or equipment used in connection with these purposes or uses are also considered to have agricultural purposes or uses. -,
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5. "Apex" means the point of highest elevation nn an alluvial fan, which on undisturbed fans is generally the point where the major stream that formed the fan emerges from the mountain front.
6. "Appeal" means a request for a review of the floodplain administrator's interpretation of any provision of this chapter or a request for a variance.
7. "Area of special flood hazard" (see "Special flood hazard area").
8. "ASCE 24" means the standard Flood Resistant Design and Construction, referenced by the building code, developed and published by the American Society of Civil Engineers, Reston, VA. Where cited, ASCE 24 refers to the edition of the standard that is referenced by the building code.
9. "Base flood" means a flood which has a one percent chance of being equaled or exceeded in any given year (also called the "100-year flood").
Base flood is the term used throughout this chapter. [Also defined in CCR Title 24 Part 2.]
10. "Base flood elevation (BFE)" shall mean the elevation shown on the Flood Insurance Rate Map for Zones AE AH, AO, A1-30, VE and VI-V30 that indicates the water surface elevation resulting from a flood that has a 1- percent or greater chance of being equaled or exceeded in any given year.
11. "Basement" means any area of the building having its floor subgrade (i.e., below ground level on all sides). [Also defined in CCR Title 24 Part 2.]
12. "Breakaway walls" are any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which is not part of the structural support of the building and which is designed to break away under abnormally high tides or wave action without causing any damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by flood waters. A breakaway wall shall have a safe design loading resistance of not less than ten and no more than twenty pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions:
a. Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and
b. The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood.
13. "Building code" means California Code of Regulations Title 24, the California Building Standards Code, the family of building codes specifically adopted by the State of California and composed of:
1. Part 2, applicable to buildings and structures other than dwellings within the scope of this part.
2. Part 2.5, applicable to one- and two-family dwellings and townhouses not more than three stories, and accessory structures.
3. Part 10, applicable to existing buildings (as defined in that code).
4. Other specified codes.
14. "Building" (see "Structure").
15. "Coastal high hazard area" means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. It is an area subject to high velocity waters, including coastal and tidal inundation or tsunamis. The area is designated on a flood insurance rate map (FIRM) as Zone V1-V30, VE, or V. [Also defined in CCR Title 24 Part 2.]
16. "Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
17. "Encroachment" means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain.
18. "Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring placing of concrete fIBGS foundations) is completed before the effective date of the floodplain · management regulations adopted by the city council on [Insert the date of the City of Carpinteria's first adopted floodplain management ordinance here].
19. "Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites on or after July 7, 1978 by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring placing j
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of concrete pads foundations).
20. "Federal Emergency Management Agency (FEMA)" means the Federal Emergency Management Agency, an agency of the United States Department of Homeland Security.
21. "Flood, flooding, or flood water" means:
a. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source; and/or mudslides (i.e., mudflows); and b. The condition resulting from flood-related erosion.
22. "Flood boundary and floodway map (FBFM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the floodway.
23. "Flood hazard boundary map" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated the areas of flood hazards.
24. "Flood insurance rate map (FIRM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. [Also defined in CCR Title 24 Part 2.]
25. "Flood insurance study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the flood insurance rate map, the flood boundary and floodway map, and the water surface elevation of the base flood. [Also defined in CCR Title 24 Part 2.]
26. "Floodplain or floodprone area" means any land area susceptible to being inundated by water from any source (see "Flooding")."Floodplain administrator" is the individual appointed to administer and enforce the floodplain management regulations.
27. "Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.
28. "Floodplain management regulations" means this chapter and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other application of police power which control development in flood-prone areas. This term describes federal, state or local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage.
29. "Floodproofing" means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents (refer to FEMA Technical Bulletins TB 1-93, TB 3-93, and TB 7-93 for guidelines on dry and wet flood proofing.)
30. "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as "regulatory floodway." [Also defined in CCR Title 24 Part 2.]
31. "Floodway fringe" is that area of the floodplain on either side of the "regulatory floodway" where encroachment may be permitted.
32. "Fraud and victimization" as related to Section 15.50.240, of this chapter, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the city council will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty to one hundred years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates.
33. "Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long-term storage or related manufacturing facilities.
34. "Governing body" is the local governing unit (i.e., county or municipality) =,
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which is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry.
35. "Hardship" as related to Section 15.50.240 of this chapter means the exceptional hardship that would result from a failure to grant the requested variance. The city council requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.
36. "Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
37. "Historic structure" means any structure that is:
a. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; b. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
c. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or
d. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs.
38. "Levee" means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding.
39. "Levee system" means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices.
40. "Lowest floor" means the lowest floor of the lowest enclosed area, including basement (see "Basement").
a. An unfinished or flood resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor provided it conforms to applicable nonelevation design requirements, including, but not limited to:
1. The wet floodproofing standard in Section
15.50.160(C)(3);
ii. The anchoring standards in Section 15.50.160(A);
iii. The construction materials and methods standards in_ Section 15.50.160(8); and
iv. The standards for utilities in Section 15.50.170.
b. For residential structures, all subgrade enclosed areas are prohibited as they are considered to be basements (see
"Basement"). This prohibition includes below-grade garages and storage areas.
41. "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle."
42. "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
43. "Market value" shall be determined by estimating the cost to replace the structure in new condition and adjusting that cost figure by the amount of depreciation which has accrued since the structure was constructed. The cost of replacement of the structure shall be based on a square foot cost factor determined by reference to a building cost estimating guide recognized by the building construction industry. The amount of depreciation shall be determined by taking into account the age and physical deterioration of the structure and functional obsolescence as approved by the floodplain administrator, but shall not include economic or other forms of external obsolescence. Use of replacement costs or accrued depreciation factors different from those contained in recognized building cost estimating guides may be considered only if such factors are included in a report prepared by an independent professional appraiser and supported by a written explanation of the differences.
44. "Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 North America Vertical Datum (NAVO) of 1988 or other datum, as determined by the floodplain administrator, to which base flood elevations shown on a community's flood insurance rate map are referenced.
45. "New construction" for floodplain management purposes, means structures for which the "start of construction" commenced on or after the effective date of floodplain management regulations adopted by the city, and includes any subsequent improvements to such structures. [Insert date of the City's first adopted floodplain management ordinance.]
46. "New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring placing of concrete pads foundations) was completed on or after July 7, 1978.
47. "Obstruction" includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.
48. "One-hundred-year flood" or "100-year flood" (see "Base flood").
49. "Primary frontal dune" means a continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal storms.
The inland limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively mild slope.
50. "Public safety and nuisance" as related to Section 15.50.240 of this chapter, means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.
51. "Recreational vehicle" means a vehicle which is:
a. Built on a single chassis;
b. Four hundred square feet or less when measured at the largest horizontal projection;
c. Designed to be self-propelled or permanently towable by a lightduty truck; and d. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
52. "Regulatory floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
53. "Remedy a violation" means to bring the structure or other development into compliance with state or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing state or federal financial exposure with regard to the structure or other development.
54. "Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
55. "Sand dunes" mean naturally occurring accumulations of sand in ridges or mounds landward of the beach.
56. "Sheet flow area" (see "Area of shallow flooding").
57. "Special flood hazard area (SFHA)" means an area in the floodplain subject to a one percent or greater chance of flooding in any given year. It is shown on an FHBM or FIRM as Zone A, AO, AI-A30, AE, A99, AM, VI - V30, VE or V.
58. "Start of construction" includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring placing of slab or footings foundations, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufacture home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. This applies to all permit dates on or after July 7, 1978.
59. "Structure" means a walled and roofed building that is principally above ground. This includes a gas or liquid storage tank or a manufactured home.
60. "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent of the market value of the structure before the damage occurred.
61. "Substantial improvement" means any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either:
a. Any project for improvement of a structure to correct existing violations of existing state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
b. Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure."
62. "V zone" (see "Coastal high hazard area").
63. "Variance" means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.
64. "Violation" means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided.
65. "Water surface elevation" means the height, in relation to the North America Vertical Datum (NAVO) of 1988, (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
66. "Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.
(Ord. 589 § 1 (part), 2003: Ord. 496 § 1, 1993; Ord. 416 § 3 (part), 1987) (Ord. No. 658, § 2, 10-9-2012)
15.50.060 - Lands to which this chapter applies.
This chapter shall apply to all areas of special flood hazards within the jurisdiction of the city. (Ord. 589 § 1 (part), 2003: Ord. 416 § 3 (part), 1987)
15.50.070 - Basis for establishing areas of special flood hazard.
The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study (FIS) dated March 15, 1977 [[[see below FEMA records]]] and accompanying flood insurance rate (FIRMs) and flood boundary and floodway maps (FBFMs), and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this chapter. This FIS and attendant mapping is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the city by the floodplain administrator. The FIS, FIRMs and FBFMs are on file at City Hall, 5775 Carpinteria Avenue, Carpinteria, California.
(Ord. 589 § 1 (part), 2003: Ord. 416 § 3 (part), 1987)
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Community Status Book Report
CALIFORNIA
Communities Participating in the National Flood Program CID Community Name County lnit lnlt FIRM Curr EffReg-EmerTribal CRS FHBM Identified Map Date Entry
Identified Date Date
060074 BISHOP, CITY OF INYO COUNTY 06/07ll4 06/19/85 12/03/20 06/19/85 No 060438 BLUE LAKE, CITY OF HUMBOLDT COUNTY 01/17/75 09/30/82 11/04/16 09/30/82 No 060248 BLYTHE, CITY OF RIVERSIDE COUNTY 05/10/74 06/30/76 (NSFHA) 06/30/76 No 065017 BRADBURY, CITY OF LOS ANGELES 11/21/75 09126/08 (NSFHA) 09/07/84 No COUNTY
060066 BRAWLEY, CITY OF IMPERIAL COUNTY 06/18/76 09/26/08 09/26/08 08/04/78 No (M)
060214 BREA, CITY OF ORANGE COUNTY 05/24n4 12102/80 12/03/09 12/02/80 No 060439 BRENTWOOD, CITY OF CONTRA COSTA 02/07ll5 06/16/09 03/21/17 04/15ll9 No COUNTY
060314 BRISBANE, CITY OF SAN MATEO 05/24/74 03/29/83 04/05/19 03/29/83 No COUNTY
060757 BUELLTON, CITY OF SANTA BARBARA 12120/74 03/15/79 12/04/12 10/16/95 No COUNTY
USE THE SANTA BARBARA COUNTY [060331] FIRM.
060215 BUENA PARK, CITY OF ORANGE COUNTY 11/01n4 02/01n9 12/03/09 02/01n9 No 065018 BURBANK, CITY OF LOS ANGELES 07/19/74 03/16/81 09/26/08 01/23/81 No COUNTY
065019 BURLINGAME, CITY OF SAN MATEO 06/28/74 09/16/81 04/05/19 09/16/81 No 05/01/12 COUNTY
060017 BUTTE COUNTY• BUTTE COUNTY 09/06/74 09129/89 01/06/11 09/29189 No 0607 49 CALABASAS, CITY OF LOS ANGELES 12/02/80 12/21/18 03/10/93 No COUNTY
CALABASAS IS LOCATED ON FIRM PANEL 065043 0613B.
060633 CALAVERAS COUNTY• CALAVERAS 11/29n7 09/05/90 05/16/17 09/05/90 No COUNTY
060067 CALEXICO, CITY OF IMPERIAL COUNTY 02l01n4 01/20/82 09/26/08 01/20/82 No 060440 CALIFORNIA CITY, CITY OF KERN COUNTY 04/15n7 01/02/82 09/26/08 01/20/82 No 060740 CALIMESA, CITY OF RIVERSIDE COUNTY 08/28/08 08/28/08 05/01/91 No USE THE RIVERSIDE COUNTY [060245] FIRM.
060068 CALIPATRIA, CITY OF IMPERIAL COUNTY 04/12n4 09/26/08 (NSFHA) 06/01/82 No 060206 CALISTOGA, CITY OF NAPA COUNTY 05/10/74 09/28179 09/26/08 09/28ll9 No 065020 CAMARILLO, CITY OF VENTURA COUNTY 07/19/74 09/29/86 01/07/15 09/29/86 No 060338 CAMPBELL, CITY OF SANTA CLARA 05/31/74 06/30/76 02/19/14 06/30/76 No COUNTY
060753 CANYON LAKE, CITY OF RIVERSIDE COUNTY 04/15/80 04/19/17 09/15/98 No
THE CITY OF CANYON LAKE HAS ADOPTED THE RIVERSIDE
COUNTY (060245) FIRM PANELS 2060, 2070 AND 2090.
060354 CAPITOLA, CITY OF SANTACRUZ 05/17174 08/15/84 09/29/17 08/15/84 No COUNTY
060285 CARLSBAD, CITY OF SAN DIEGO COUNTY 05/31/74 06/14177 12/20/19 06/14177 No 060196 CARMEL BY THE SEA, CITY OF MONTEREY COUNTY 06/14/74 04/02/09 06/21/17 12/18/97 No 060332 CARPINTERIA, CITY OF SANTA BARBARA 06/21/74 03/15177 09/28/18 03/15/77 No COUNTY
15.50.080 - Compliance.
No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor.
Nothing herein shall prevent the Carpinteria city council from taking such lawful action as is necessary to prevent or remedy any violation.
(Ord. 589 § 1 (part), 2003: Ord. 416 § 3 (part), 1987)
15.50.090 - Abrogation and greater restrictions.
This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another chapter, ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(Ord. 589 § 1 (part), 2003: Ord. 416 § 3 (part), 1987)
15.50.100 - Interpretation.
In the interpretation and application of this chapter, all provisions shall be:
A. Considered as minimum requirements;
B. Liberally construed in favor of the governing body; and C. Deemed neither to limit nor repeal any other powers granted under state statutes.
(Ord. 589 § 1 (part), 2003: Ord. 416 § 3 (part), 1987)
15.50.110 - Warning and disclaimer of liability.
The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the city, any officer or employee thereof, the state State of California, or the Federal Insurance Administration, Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder. (Ord. 589 § 1 (part), 2003: Ord. 416 § 3 (part), 1987)
15.50.120 - Severability.
This chapter and the various parts thereof are hereby declared to be severable.
Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid. (Ord. 589 § 1 (part), 2003: Ord. 416 § 3 (part), 1987)
15.50.130 - Establishment of development permit.
A development permit shall be obtained before any construction or other development begins within any area of special flood hazard established in Section
15.50.070. Application for a development permit shall be made on forms furnished by the floodplain administrator and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevation ot the area in question; existing or proposed structures, fill; storage of materials; drainage facilities; and the location of the foregoing. Specifically, the following information is required:
A. Site plan, including but not limited to:
1. For all proposed structures, spot ground elevations at building corners and twenty foot or smaller intervals along the foundation footprint, or one foot contour elevations throughout the building site;
2. Proposed locations of water supply, sanitary sewer, and utilities;
3. If available, the base flood elevation from the flood insurance study and/or flood insurance rate map; and
4. If applicable, the location of the regulatory floodway.
B. Foundation design detail, including but not limited to:
1. Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures;
2. For a crawl-space foundation, location and total net area of foundation openings as required in_Section 15.50.160(C)(3) of this chapter and FEMA Technical Bulletins 1-93 and 7-93; and
3. For foundations placed on fill, the location and height of fill, and compaction requirements (compacted to ninety-five percent using the Standard Proctor Test method).
C. Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in Section
15.50.160(C)(2) of this chapter and FEMA Technical Bulletin TB 3-93.
D. All appropriate certifications listed in Section 15.50.150 of this chapter; and
E. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
(Ord. 589 § 1 (part), 2003: Ord. 416 § 3 (part), 1987)
15.50.140 - Designation of the floodplain administrator.
The city manager or his designee is hereby appointed to administer, implement, and enforce this chapter by granting or denying development permits in accord with its provisions.
(Ord. 589 § 1 (part), 2003: Ord. 416 § 3 (part), 1987)
15.50.150 - Duties and responsibilities of the floodplain administrator.
The duties and responsibilities of the floodplain administrator shall include, but not be limited to the following.
A. Permit Review. Review all development permits to determine that:
1. Permit requirements of this chapter have been satisfied, including determination of substantial improvement and substantial damage of existing structures;
2. All other required state and federal permits have been obtained;
3. The site is reasonably safe from flooding; and
4. The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purposes of this chapter, "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point within the City of Carpinteria.
5. All new development, including construction, excavation, and grading, except for flood control projects and nonstructural agricultural uses, shall be prohibited in the floodway unless offsetting improvements in accordance with this chapter are provided.
6. All letters of map revision (LOMR's) for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued based on conditional letters of map revision (CLOMR's). Approved CLOMR's allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition.
B. Review, Use and Development of Other Base Flood Data.
1. When base flood elevation data has not been provided in accordance with Section 15.50.070, the floodplain administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other -,
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source, in order to administer Sections 15.50.160 and 15.50.210.
Any such information shall be submitted to the Carpinteria city council for adoption; or
If no base flood elevation data is available from a federal or state agency or other source, then a base flood elevation shall be obtained using one of two methods from the in FEMA publication, "Managing Floodplain Development in Approximate Zone A AreasA Guide for Obtaining and Developing Base (100-year) Flood Elevations," dated July 1995 in order to administer Sections
15.50.160and 15.50.210
a. Simplified method.
1. One hundred year or base flood discharge shall be
obtained using the appropriate regression equation
found in a U.S. Geological Survey publication, or the
discharge-drainage area method; and
ii. Base flood elevation shall be obtained using the
Quick-2 computer program developed by FEMA; or
b. Detailed method.
i. One hundred year or base flood discharge shall be
obtained using the U.S. Army Corps of Engineers
HEC-HMS computer program; and
11. Base flood elevation shall be obtained using the U.S.
Army Corps of Engineers HEC-RAS computer
program.
C. Notification of Other Agencies.
1. In alteration or relocation of a watercourse:
a. Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation;
b. Submit evidence of such notification to FEMA; and
c. Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained.
2. Base Flood Elevation changes due to physical alterations:
a. Within six months of information becoming available or project completion, whichever comes first, the floodplain administrator shall submit or assure that the permit applicant submits technical or scientific data to FEMA for a letter of map revision (LOMR).
b. All LOMR's for flood control projects are approved prior to the issuance of building permits. Building Permits must not be issued based on conditional letters of map revision
(CLOMR's). Approved CLOMR's allow construction of the
proposed flood control project and land preparation as
specified in the "start of construction" definition. Such submissions are necessary so that upon confirmation of
those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data.
3. Changes in corporate boundaries: Notify FEMA in writing whenever the corporate boundaries have been modified by annexation or other means and include a copy of a map of the community clearly delineating the new corporate limits.
D. Documentation of Floodplain Development. Obtain and maintain for public inspection and make available as needed the following:
1. Certification required by Section 15.50.160(C)(1) (lowest floor elevations);
2. Certification required by Section 15.50.160(C)(2) (elevation or floodproofing of nonresidential structures);
3. Certification required by Section 15.50.160(C)(3) (wet floodproofing standard);
4. Certification of elevation required by Section 15.50.180 (subdivision standards);
5. Certification required by Section 15.50.200 (floodway encroachments);
6. Information required by Section 15.50.21 0(F) (coastal construction standards); and
E. Map Determinations. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard. Where there appears to be a conflict between a mapped boundary and actual field conditions, grade and base flood elevations shall be used to determine the boundaries of the special flood hazard area. The person contesting the action of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Chapter 15.50.230 F. Remedial Action. Take action to remedy violations of this chapter as specified by Section 15.50.080
(Ord. 589 § 1 (part), 2003: Ord. 416 § 3 (part), 1987)
(Ord. No. 658, § 2, 10-9-2012)
15.50.160 - Standards of construction.
In all areas of special flood hazards the following standards are required:
A. Anchoring.
1. All new construction and substantial improvements shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
2. All manufactured homes shall meet the anchoring standards of Section 15.50.190.
B. Construction Materials and Methods. All new construction and substantial improvement shall be constructed:
1. 2.
3. 4.
With flood resistant materials as specified in FEMA publication, Technical Bulletin 2 93 "Flood Damage- Resistant Materials Requirements," and utility equipment resistant to flood damage; Using methods and practices that minimize flood damage; With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; and
Within Zones AH or AO, so that there are adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures.
C. Elevation and Floodproofing.
1. Residential construction, new or substantial improvement, and manufactured homes shall have the lowest floor, including basement:
a. In AE, AH, A1-30 Zones, elevated to or above the base flood elevation and freeboard.
b. In an AO zone, elevated above the highest adjacent grade to a height equal to or exceeding the depth number specified in feet on the FIRM and freeboard, or elevated at least two feet above the highest adjacent grade if no depth number is
specified and freeboard.
c. In an A zone, without BFE's specified on the FIRM
[unnumbered A zone], elevated to or above the base flood elevation and freeboard; said base flood elevation shall be determined by one of the methods in Section 15.50.150(8) of this chapter.
d. In a VE zone, the lowest horizontal support member
elevated to or above the base flood elevation and freeboard.
Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional licensed civil engineer, architect, or land surveyor; and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the floodplain administrator.
2. Nonresidential construction, new or substantial improvement, shall either be elevated to conform with subsection (A)(1) of this section, or together with attendant utility and sanitary facilities:
a. Be floodproofed together with attendant utility and sanitary facilities, below the base flood elevation so that the structure is watertight with walls substantially impermeable to the passage of water;
b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
c. Be certified by a registered professional licensed civil engineer, er architect, or land surveyor that the standards of this subsection are satisfied. Such certification shall be provided to the floodplain administrator.
7 :J
I
3. All new construction, substantial improvement, and manufactured homes with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking ot vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater.
Designs for meeting this requirement shall follow the guidelines in FEMA publications, Technical Bulletins TB 1 93 and TB 7 93 "Flood Damage- Resistant Materials Requirements," and "Wet
Floodproofing Requirements," and must exceed the following minimum criteria:
a. Have a minimum of two openings having a total net area of not less than one square inch for every square foot of
enclosed area subject to flooding. The bottom of all openings shall be no higher than one foot above adjacent natural grade. Openings may be equipped with screens, louvers,
valves or other coverings or devices provided that they permit the automatic entry and exit of floodwater; or
b. Be certified by a registered professional licensed civil engineer, 0f architect, or land surveyor.
4. Manufactured homes shall also meet the standards in Section
15.50.190.
5. All new and substantially improved garages and low-cost accessory structures shall meet the following standards:
a. Accessory structure used solely for parking (2-car detached garages or smaller) or limited storage (small, low-cost sheds) may be constructed such that its floor is below the base flood elevation provided the structure is designed and constructed in accordance with the following requirements:
i. Use of the accessory structure must be limited to
parking or limited storage;
11. The portions of the accessory structure located below the BFE must be built using flood-resistant materials;
111. The accessory structure must be adequately
anchored to prevent flotation, collapse and lateral
movement;
iv. Any mechanical and utility equipment in the
accessory structure must be elevated or floodproofed
to or above the BFE;
v. The accessory structure must comply with floodplain
encroachment provisions in Section XX, and
vi. The accessory structure must be designed to allow for the automatic entry of flood waters in accordance with
Section XX.
b. Detached garages and accessory structures not meeting the above standards must be constructed in accordance with all applicable standards in Section XX.
(Ord. 589 § 1 (part), 2003: Ord. 416 § 3 (part), 1987)
(Ord. No. 658, § 2, 10-9-2012)
15.50.170 - Standards for utilities.
A. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from the systems into flood waters.
B. On-site waste disposal systems shall be located to avoid impairment to them, or contamination from them during flooding.
(Ord. 589 § 1 (part), 2003: Ord. 416 § 3 (part), 1987)
15.50.180 - Standards for subdivisions.
A. All preliminary subdivision proposals shall identify the special flood hazard area and the elevation of the base flood.
B. All subdivision plans will provide the elevation of proposed structure(s) and pad(s). If the site is filled above the base flood elevation, the lowest floor and pad elevations and lowest adjacent grade shall be certified by a registered professional licensed civil engineer, er architect, or land surveyor; and provided to the floodplain administrator.
C. All subdivision proposals shall be consistent with the need to minimize flood damage.
D. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.
E. All subdivisions shall provide adequate drainage to reduce exposure to flood hazards.
(Ord. 589 § 1 (part), 2003: Ord. 416 § 3 (part), 1987)
15.50.190 - Standards for manufactured homes.
A. All manufactured homes that are placed or substantially improved, on sites located: (1) outside of a manufactured home park or subdivision; (2) in a new manufactured home park or subdivision; (3) in an expansion to an existing manufactured home park or subdivision; or (4) in an existing manufactured home park or subdivision upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall:
1. Within Zones A1-30, AH, and AE on the community's flood insurance rate map, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and freeboard and be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
2. Within Zones V1-30, V, and VE on the community's flood insurance rate map, meet the requirements of Section 15.50.210.
B. All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones Al-30, AH, AE, V1-30, V, and VE on the community's flood insurance rate map that are not subject to the provisions of subsection 15.50.190(A) will be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and be elevated so that either the:
1. Lowest floor of the manufactured home is at or above the base flood elevation and freeboard; or
2. Manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six inches in height above grade.
Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional licensed civil engineer, Gf architect, or land surveyor; and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the floodplain administrator
(Ord. 589 § 1 (part), 2003: Ord. 496 § 2, 1993: Ord. 416 § 3 (part), 1987) (Ord. No. 658, § 2, 10-9-2012)
15.50.195 - Standards for recreational vehicles.
A. All recreational vehicles placed on sites within Zones A1-30, AH, and AE on the community's Flood Insurance Rate Map will either:
1. Be on the site for fewer than one hundred eighty consecutive days, and be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or
2. Meet the permit requirements of Sections 15.50.130, 15.50.140, 15.50.150 and 15.50.220 of this chapter and the elevation and anchoring requirements for manufactured homes in Section 15.50.190(A).
B. Recreation vehicles placed on sites within Zones V1-30, V, and VE on the community's Flood Insurance Rate Map will meet the requirements of Sections 15.50.195 and 15.50.210.
(Ord. 589 § 1 (part), 2003: Ord. 496 § 3, 1993)
15.50.200 - Floodways.
Located within areas of special flood hazard established in Section 15.50.020 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters, which carry debris, potential projectiles, and erosion potential. the following provisions apply:
A. Prohibit encroachments, including fill, new construction, substantial improvement, and other new development unless certification by a registered professional licensed civil engineer, architect, or land surveyor is provided demonstrating that encroachments shall not result in any increase in the base flood elevation during the occurrence of the base flood discharge.
B. If Section 15.50.200(A) is satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of this section. (Ord. 589 § 1 (part), 2003: Ord. 416 § 3 (part), 1987)
15.50.210 - Coastal high hazard areas.
Within coastal high hazard areas, Zone VE, as established under Section 15.50.070, the following standards shall apply:
A. All new construction and substantial improvement shall be elevated on adequately anchored pilings or columns and securely anchored to such pilings or columns so that the lowest horizontal portion of the structural members of the lowest floor (excluding the pilings or columns) is elevated to or above the base flood level. The pile or column foundation and structure attached thereto is anchored to resist flotation, collapse, and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water loading values used shall be those associated with the base flood. Wind loading values used shall be those required by applicable state or local building standards.
B. All new construction and other development shall be located on the landward side of the reach of mean high tide.
C. All new construction and substantial improvements shall have the space below the lowest floor free of obstructions or constructed with breakaway walls as defined in Section 15.50.050 of this chapter. Such temporarily enclosed space shall not be used for human habitation and will be usable solely for parking of vehicles, building access or storage.
D. Fill shall not be used for structural support of buildings.
E. Manmade alteration of sand dunes which would increase potential flood damage is prohibited.
F. The floodplain administrator shall obtain and maintain the following records:
1. Certification by a registered engineer or architect that a proposed structure complies with Section 15.50.21 0(A); and
2. The elevation (in relation to mean sea level) of the bottom of the lowest structural member of the lowest floor (excluding pilings or columns) of all new and substantially improved structures, and whether such structures contain a basement.
(Ord. 589 § 1 (part), 2003: Ord. 416 § 3 (part), 1987) only. (Ord. 110 § 1, 1994)
15.50.213 - Mudslide (i.e., mudflow) prone areas.
A. The floodplain administrator will review permits for proposed construction or other development to determine if it is proposed within a mudslide area.
B. Permits shall be reviewed to determine that the proposed site and improvement will be reasonably safe from mudslide hazards. Factors to be considered in making this determination include but are not limited to the:
1. Type and quality of soils;
2. Evidence of ground water or surface water problems;
3. Depth and quality of any fill;
4. Overall slope of the site; and
5. Weight that any proposed development will impose on the slope.
C. Within areas which may have mudslide hazards, the floodplain administrator shall require that:
1. A site investigation and further review be made by persons qualified in geology and soils engineering;
2. The proposed grading, excavation, new construction, and substantial improvement be adequately designed and protected against mudslide damages;
3. The proposed grading, excavations, new construction, and substantial improvement not aggravate the existing hazard by creating either onsite or off-site disturbances; and
4. Drainage, planting, watering, and maintenance not endanger slope stability.
15.215 - Flood-related erosion-prone areas.
A. The floodplain administrator shall require permits for proposed construction and other development within all flood-related erosion-prone areas as known to the City of Carpinteria.
B. Permit applications shall be reviewed to determine whether the proposed site alterations and improvements will be reasonably safe from flood-related erosion and will not cause flood- related erosion hazards or otherwise aggravate the existing hazard.
C. If a proposed improvement is found to be in the path of flood-related erosion or would increase the erosion hazard, such improvement shall be relocated or adequate protective measures shall be taken to avoid aggravating the existing erosion hazard.
D. Within Zone Eon the Flood Insurance Rate Map, a setback is required for all new development from the ocean, lake, bay, riverfront or other body of water to create a safety buffer consisting of a natural vegetative or contour strip.
This buffer shall be designated according to the tlood-related erosion hazard and erosion rate, in relation to the anticipated useful life of structures, and depending upon the geologic, hydrologic, topographic, and climactic characteristics of the land. The buffer may be used for suitable open space purposes, such as for agricultural, forestry, outdoor recreation and wildlife habitat areas, and for other activities using temporary and portable structures.
15.50.220 - Nature of variances.
The variance criteria set forth in this section of the ordinance are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this chapter would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels.
The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners.
It is the duty of the City of Carpinteria to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below flood level are so serious that variances from the flood elevation or from other requirements in the flood ordinance are quite rare. The long term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited.
Therefore, the variance guidelines provided in this chapter are more detailed and contain multiple provisions that must be met before a variance can be properly granted.
The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate.
(Ord. 589 § 1 (part), 2003)
15.50.230 - Appeal board.
A. The planning commission of the city shall hear and decide appeals and requests for variances from the requirements of this chapter.
B. The planning commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the floodplain administrator in the enforcement or administration of this chapter.
C. In passing upon requests for variances, the planning commission shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and the
1. Danger that materials may be swept onto other lands to the injury of others;
2. Danger of life and property due to flooding or erosion damage;
3. Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the property;
4. Importance of the services provided by the proposed facility to the community;
5. Necessity to the facility of a waterfront location, where applicable;
6. Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
7. Compatibility of the proposed use with existing and anticipated development;
8. Relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
9. Safety of access to the property in time of flood for ordinary and emergency vehicles;
10. Expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and
11. Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges.
D. Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that
1. The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars ($25-:-GG ) for one hundred dollars ($100-:-GG ) of insurance coverage, and
2. Such construction below the base flood level increases risks to life and property. It is recommended that a copy of the notice shall be recorded by the floodplain administrator in the office of the county recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.
E. The floodplain administrator shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Insurance Administration and Federal Emergency Management Agency.
(Ord. 589 § 1 (part), 2003: Ord. 416 § 3 (part), 1987)
15.50.240 - Conditions for variances.
A. Generally, variances may be issued for new construction, substantial improvement, and other proposed new development to be erected on a lot of one-half(½ 1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of Sections 15.50.130 through 15.50.210 of this chapter have been fully considered. As the lot size increases beyond one-half(-½ 1/2) acre, the technical justification required for issuing the variance increases.
B. Variances may be issued for the repair or rehabilitation of "historic structures" upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
C. Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result.
D. Variances shall only be issued upon a determination that the variance is the "minimum necessary" considering the flood hazard, to afford relief. "Minimum necessary" means to afford relief with a minimum of deviation from the requirements of this chapter. For example, in the case of variances to an elevation requirement, this means the planning commission need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the planning commission believes will both provide relief and preserve the integrity of the local ordinance.
E. Variances shall only be issued upon a:
1. Showing of good and sufficient cause;
2. Determination that failure to grant the variance would result in exceptional "hardship" (as defined in Section 15.50.050) to the applicant; and
3. Determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance, cause fraud or victimization of the public, or conflict with existing local laws or ordinances.
F. Variances may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of this section are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance.
G. Upon consideration of the factors of Section 15.50.230 and the purposes of this chapter, the planning commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
(Ord. 589 § 1 (part), 2003: Ord. 416 § 3 (part), 1987)
City of Carpinteria
COUNCIL AGENDA STAFF REPORT
September 12, 2022
ITEM FOR COUNCIL CONSIDERATION
Adoption of Resolution No. 6157, initiating legislation to amend the City's Density Bonus Program, a part of its Local Coastal Program, in response to state Density Bonus legislation
STAFF RECOMMENDATION
Adopt Resolution No. 6157 (Attachment A), initiating amendments to the Carpinteria Local Coastal Program, including, but not limited to, the Zoning Code in response to state Density Bonus legislation.
Sample Motion: I move to approve and adopt Resolution No. 6157, initiating amendments to the Carpinteria Local Coastal Program, including, but not limited to, the Zoning Code, in response to state Density Bonus legislation.
BACKGROUND
Government Code Section 65915 - 65918 generally referred to as "state Density Bonus law", provides density bonuses beyond maximum densities identified in the General/Coastal Plan and Zoning designations and incentives or concessions for the development of housing that is affordable to households of different income categories and to certain types of qualifying residents.
The City's current Bonus Density provisions, established by Ordinance No. 668 in 2016, are in CMC Chapter 14.77 of the City's Zoning regulations. The provisions implemented policies of the City's 2015 - 2023 Housing Element (Resolution No. 5556, 2014 ).
Significant state Density Bonus law amendments over the past few years, discussed below, require cities in California to amend local policies and regulations to conform with these recent amendments. The amendments to state Density Bonus law aim to encourage developers of multi-family residential projects to include additional income restricted, i.e., "affordable", and special needs housing by providing additional project incentives.
N:\Project Files\2021 (2079- 2138)\2111 Density Bonus Update Program\lnitiation\FINAL CC Staff Report Initiation of Density Bonus Program(24641723.1 ).docx
Density Bonus Program Local Coastal Program Amendment Initiation September 12, 2022
Under state Density Bonus law, applicants that agree to restrict a certain percentage of their units to very-low, low and moderate incomes or certain types of special needs housing are entitled to receive an increase in project density above local standards (up to 50%) in addition to incentives or concessions, waivers of local development standards and specified parking ratios.
1 For qualifying projects, an applicant can request an incentive or concession from the local government, which are a reduction in site development standards or a modification of zoning code requirements that exceed minimum building standards. These reductions or modifications can include, but are not limited to, a reduction in setback, building height or square footage requirements and in the ratio of vehicle parking spaces that would otherwise be required.
Qualifying projects also are entitled to specific parking ratios, depending on the size of the units and proximity to major transit stops.
In addition, an applicant also can request a waiver of development standards that have the effect of "physically precluding the construction of the development" pursuant to state Density Bonus law.
The State of California has recently enacted further amendments to state Density Bonus law, including a limitation on impact fees for affordable units in density bonus projects [Assembly Bill (AB) 571], longer affordability periods of up to 55 years (AB 634), expansion of incentives and concessions [Senate Bill (SB) 290], allowance of the sale of affordable units directly to non-profits corporations (SB 728).
This agenda item allows the City Council to consider and initiate a Local Coastal Program Amendment (LCPA) to implement recent state legislative amendments to state Density Bonus law. The project is expected to be applicable to a number of Zoning Districts and parcels that permit residential uses, located throughout the City. Should the Council initiate the work as recommended, staff will draft the proposed amendment and hold related public meetings for future consideration by the City's Planning Commission and City Council.
1 For the purposes of Density Bonus Law, the income categories, which are further adjusted by household size, are as follows:
Very Low Income Households: up to 50 percent of area median income Low Income Households: up to 80 percent of the area median income Moderate Income Households: between 80 and 120 percent of area median income (Health & Saf. Code,§§ 50052.5, 50105, 50079.5; Cal. Code Regs., tit. 25, §§ 6926, 6928, 6930, 6932.) The Santa Barbara County area median income is $90,100 per year. (Cal. Code Regs., tit. 25, § 6932.) N:\Project Files\2021 (2079- 2138)\2111 Density Bonus Update Program\lnitiation\FINAL CC Staff Report Initiation of Density Bonus Program(24641723.1 ).docx
Density Bonus Program Local Coastal Program Amendment Initiation September 12, 2022
DISCUSSION
The proposal to initiate changes to the City's Density Bonus regulations of the Zoning ordinance is necessary to ensure consistency with recent changes to State density bonus-related housing laws. The state's Density Bonus law intends to encourage developers of multi-family residential projects to include income restricted, i.e., "affordable", and special needs housing by allowing a greater number of units beyond the base density established by land use designations and zone districts. /
This proposed update to the City's Bonus Density regulations is being funded by a Senate Bill 2 grant awarded in response to the City-submitted SB 2 grant application (Resolution No. 5929). Proposed grant deliverables include a public and final draft of the proposed zone code amendment; notices, agendas, and staff reports associated with this hearing and the adoption hearings before the Planning Commission, City Council, and Coastal Commission.
The following is a summary of the recent State legislation that City staff, in consultation with the City Attorney's Office, has determined require amendment to the City's Bonus Density regulations.
AB 571 (effective January 1. 2022)
AB 571 prohibits affordable housing impact fees, including inclusionary zoning fees and in-lieu fees, from being imposed on a housing development's affordable units under state Density Bonus law. When a housing development project receives bonus density based on its percentage of affordable units, the City cannot charge any affordable housing impact fees on the designated affordable units, but it can continue to charge these fees on the market rate units.
AB 2345 (effective January 1, 2021)
AB 2345 provides a number of significant changes to state Density Bonus law. The bill decreases the percentage of total units that must be for lower income households to qualify for two or three incentives or concessions (from 20 percent to 17 percent for two incentives/concessions and from 30 percent to 25 percent for three incentives/concessions). This bill also increases the maximum density bonus based on a sliding scale (from 35 percent to 50 percent maximum bonus density).
The law reduces the maximum ratio of vehicle parking spaces for 2-3 bedroom units to
1.5 spaces per unit and authorizes a local agency to not impose parking requirements on for-rent housing developments for people 62 and older with transit service or access to a bus route meeting certain siting criterion.
AB 2345 allows for an 80 percent density bonus if a project has 100 percent of its units (including both base units and bonus units) affordable to lower income households N:\Project Files\2021 (2079- 2138)\2111 Density Bonus Update Program\lnitiation\FINAL CC Staff Report Initiation of Density Bonus Program(24641723.1 ).docx
Density Bonus Program Local Coastal Program Amendment Initiation September 12, 2022
(except 20 percent of those units can be affordable to moderate income households).
The bill allows agencies an ability to grant a development standard waiver to a project (which is not considered an incentive) and requires local agencies to publish an annual report of approved density bonus projects.
AB 634 (effective January 1, 2022)
AB 634 allows the City to require that developers record a 55-year affordability covenant on affordable housing units that qualify for density bonus by a local ordinance. Housing projects that comply with an inclusionary housing program may be subject to longer affordability terms.
SB 290 (effective January 1, 2022)
SB 290 provides additional incentives to encourage the development of density bonus projects, which include allowing inclusionary units to be calculated as part of the base density when assigning a bonus. SB 290 also includes a new student housing density bonus provision for lower income students, when the development is to be used exclusively by full time students at an accredited institution.
SB 728 (effective January 21, 2022)
SB 728 requires that the developer and City ensure that the initial occupant of a for-sale unit that qualified the developer for density bonus is a person or family of very low, low, or moderate income. This law also provides qualified non-profits the first opportunity to repurchase a unit that they have sold to a qualified resident, based on specified terms.
Coastal Act
State Density Bonus Law does not supersede the Coastal Act. (Gov. Code, § 65915(m).) However, in response to the decision in Kaine/ Gardens, LLC v. City of Los Angeles (2016) 3 Cal.App.5th 927, the legislature amended state Density Bonus law to state "[a]ny density bonus, concessions, incentives, waivers or reductions of development standards and parking ratios to which an applicant is entitled ... shall be permitted in a manner that is consistent with [state Density Bonus law and the Coastal Act]." (Emphasis added.) Accordingly, amendments to the City's Density Bonus regulations in response to state Density Bonus Law would clarify the City's approach to implementing state Density Bonus law consistent with the City's certified Local Coastal Program (LCP) and General Plan/Coastal Land Use Plan.
Ordinance Adoption Process
Once initiated, staff will work to prepare a draft ordinance. Upon completion of the draft ordinance, it first will be considered at a public hearing by the Planning Commission.
The Planning Commission will provide recommendations on the draft ordinance to the City Council at a noticed public hearing. The Council will then hold a public hearing to N:\Project Files\2021 (2079- 2138)\2111 Density Bonus Update Program\lnitiation\FINAL CC Staff Report Initiation of Density Bonus Program(24641723.1 ).docx
Density Bonus Program Local Coastal Program Amendment Initiation September 12, 2022
receive the Planning Commission's recommendation(s) and to consider adoption of the draft ordinance upon a first reading. The Council would have the opportunity to modify or amend the draft ordinance. If the draft ordinance is significantly modified, the City will need to provide six weeks' notice to the public before the City Council returns to hold a final vote adopting the ordinance upon a first reading.
Upon adoption, the Council would also authorize staff to submit the draft ordinance to the California Coastal Commission (CCC) as a LCPA. The CCC would be responsible for ensuring that the City approved Zoning Code amendment is consistent with the policies of the California Coastal Act and the City's certified LCP. Upon certification of the LCPA by the CCC, the draft ordinance would be returned to the City Council for: 1) acceptance of any modifications required by the CCC and 2) adoption of the ordinance upon a second reading.
If the CCC certifies the ordinance without any suggested modifications, the certification is effective immediately, and the ordinance will go into effect thirty (30) days following the City Council's second reading of the ordinance. If the CCC suggests modifications, then certification does not become effective until 1) the CCC Executive Director receives notification of the City's acceptance and implementation of those modifications, 2) the Executive Director determines in writing that the City's action and notification procedures are legally adequate to satisfy the CCC's certification order, and 3) the Executive Director reports this determination to the CCC at its next regularly scheduled meeting.
Depending upon the extent and manner in which the CCC completes the review and certification of the City's LCPA, the entire ordinance adoption process could take approximately 6 to 9 months. The City projects the legislative process will be completed no later than December 31, 2023, and in compliance with the terms of the grant funding.
Scope of the Density Bonus Program Local Coastal Program Amendment The scope of the amendment to the Local Coastal Program involves an update to the City's existing Density Bonus program regulations provided in Chapter 14.77 of Title 14 Zoning, of the Carpinteria Municipal Code to implement recent changes to state Density Bonus law. As part of the grant agreement, the City will coordinate with Coastal Commission staff given the amendment proposes to modify Coastal Commission certified Chapter 14 (Zoning) of the Carpinteria Municipal Code.
POLICY CONSISTENCY
A number of policies within the existing Land Use and Housing Elements of the General Plan/Local Coastal Land Use Plan address the expansion of housing opportunities in the City to address the ongoing and increasing housing needs for affordable and market rate households, while ensuring that the amendment is consistent with the City's LCP. A few key policies that the amendment process will address are identified below.
N:\Project Files\2021 (2079- 2138)\2111 Density Bonus Update Program\lnitiation\FINAL CC Staff Report Initiation of Density Bonus Program(24641723.1 ).docx
Density Bonus Program Local Coastal Program Amendment Initiation September 12, 2022
LAND USE ELEMENT
Objective LU-1: Establish the basis for orderly, well planned urban development while protecting coastal resources and providing for greater access and recreational opportunities for the public.
Policy LU-1c: Where policies in the Land Use Element overlap, the policy that is most protective of resources (e.g., land, water, air, etc.) shall take precedence.
HOUSING ELEMENT
2 The City is actively amending the 2015 - 2023 Housing Element (November 2014), as part of the Sixth Cycle 2023 - 2031 Housing Element update process. Proposed amendments to Chapter 14.77 would be drafted to be consistent with current State Housing Element update requirements. Goals and policies of the current 2015 - 2023 Housing Element are listed below:
Program Category #1: MAKE SITES AVAILABLE TO ACCOMMODATE THE RHNA Goals:
• Attain additions to the housing supply that meet the housing needs of all economic segments.
• Maintain a jobs-housing balance or ratio within the 0. 75 to 1. 25 range suggested by the Santa Barbara County Association of Governments.
Policies:
• Adequate Sites: Provide sufficient sites in the General Plan/Coastal Plan and zoning map to meet the housing needs allocated to the City by the Regional Housing Needs Allocation (RHNA) Plan.
• Housing Types: In the General Plan/Coastal Plan and implementing ordinances, provide for a mix of housing types consistent with the City's needs, including single-family detached and multi-family housing.
• Public Services and Facilities: Ensure that public services and facilities have the capacity to support the need for the new residential development allocated to the City by the RHNA Plan.
Programs:
2 The Housing Element is part of the General Plan but is not part of the City's certified Local Coastal Program. However, amendments to Coastal Commission certified Title 14 Zoning, of the Carpinteria Municipal Code, require a Local Coastal Program Amendment.
N:\Project Files\2021 (2079- 2138)\2111 Density Bonus Update Program\lnitiation\FINAL CC Staff Report Initiation of Density Bonus Program(24641723.1 ).docx
Density Bonus Program Local Coastal Program Amendment Initiation September 12, 2022
7. Density Bonus
Under state law, developments that provide affordable housing may be entitled to a density bonus of up. to 35 percent. A density bonus is also allowed in exchange for land donation or provision of a child care facility. The City will continue to implement the density bonus ordinance consistent with State law.
Responsible agency: Community Development Department
Funding sources: General Fund; Affordable Housing Trust Fund Objective & Timeframe: Continue to provide density bonus and other incentives to qualifying developments throughout the planning period.
FINANCIAL CONSIDERATIONS
Chapter 14.77 Density Bonus amendments will be funded by the awarded Housing and Community Development, Senate Bill (SB) 2 grant allocation of $35,000.
LEGAL AND RISK MANAGEMENT CONSIDERATIONS
Use of Senate Bill 2 grant funds to amend Title 14 Zoning, Chapter 14.77 Density Bonus provisions is consistent with the City's intent in ensuring legally valid, up-to-date, density bonus regulations in conformance with state housing laws. The City Attorney's Office will coordinate with the Community Development Department to update the City's density bonus regulations in accordance with state law.
OPTIONS
The Council may choose to:
1. Initiate amendments to the Local Coastal Program, including but not limited to the Zoning Code, to address recent changes in state Density Bonus laws, as the Council determines is appropriate for reasons of public policy.
2. Take no action, or elect not to initiate the amendments as proposed herein.
3. Request staff to return to a future Council meeting with additional information prior to deciding whether to initiate the amendments.
PRINCIPAL PARTIES EXPECTED AT MEETING
Interested citizens
ATTACHMENTS
Attachment A Draft Resolution No. 6157
N:\Project Files\2021 (2079- 2138)\2111 Density Bonus Update Programilnitiation\FINAL CC Staff Report Initiation cf Density Bonus Program(24641723.1 ).docx
Density Bonus Program Local Coastal Program Amendment Initiation September 12, 2022
Staff Contact: Steve Goggia, Director
Community Development Department
(805) 755-4414 I [email protected]
Reviewed by: Dave Durflinger, City Manager
(805) 755-4400, [email protected]
Reviewed by: Jena Shoaf Acos,
on behalf of Brownstein Hyatt Farber Schreck, LLP
acting as City Attorney for the City of Carpinteria
N:\Project Files\2021 (2079- 2138)\2111 Density Bonus Update Program\lnitiation\FINAL CC Staff Report Initiation of Density Bonus Program(24641723.1 ).docx
Attachment A
Resolution No. 6157
RESOLUTION NO. 6157
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARPINTERIA INITIATING AMENDMENTS TO THE
CARPINTERIA LOCAL COASTAL PROGRAM, TITLE 14-
ZONING OF THE CARPINTERIA MUNICIPAL CODE,
CHAPTER 14.77, TO IMPLEMENT AMENDMENTS TO THE
DENSITY BONUS PROGRAM
WHEREAS, pursuant to the City of Carpinteria's ("City") police power, as granted broadly under Article XI, Section 7 of the California Constitution, the City Council of the City ("City Council") has the authority to enact and enforce ordinances and regulations for public health, safety, and welfare; and
WHEREAS, the City's Zoning Ordinance currently allows density bonus projects within the City, which provide development incentives to encourage housing developers to construct needed affordable and senior housing; and
WHEREAS, the State of California ("State") has recently enacted further amendments to the State's Density Bonus Law (Gov. Code, §§ 65915-65918), to limit impact fees on affordable units in density bonus projects [Assembly Bill (AB) 571 ], to allow longer affordability periods of up to 55 years (AB 634), to expand incentives and concessions [Senate Bill (SB) 290, to allow sale of affordable units directly to non-profits corporations (SB 728); and
WHEREAS; on January 1980, by Resolution No. 1019, the City Council adopted the Coastal Plan that was developed pursuant to The California Coastal Act of 1976 (Public Resources Code 30000 et seq.) ("Coastal Act"), which includes the entirety of the City's jurisdiction; and
WHEREAS, on October 12, 1981, by Ordinance No. 315, the City Council adopted Title 14 of the Carpinteria Municipal Code, in compliance with the State of California planning and zoning laws; and
WHEREAS, on May 29, 2001, by Resolution No. 4670, the City Council adopted the first amendment to the Carpinteria General Plan and Local Coastal Program (Project No. GPA/LCPA 97-810), in compliance with California Law (Government Code Section 65300, et seq., and Public Resources Code 30000 et seq.); and WHEREAS, on November 10, 2014, by Resolution No. 5556, the City Council adopted an amendment to the Carpinteria General Plan and Local Coastal Program to implement the Chapter 14.77 Density Bonus Program to Title 14 Zoning, of the Carpinteria Municipal Code (Project No. 09-1508-GPA), in compliance with California Law, Government Code Sections 65915 - 65918 Density Bonuses; and - 1 -
Resolution No. 6157
WHEREAS, the City Council finds that the need to encourage density bonus projects in the City is in the interest of the general community welfare since it will serve to implement the requirements of State housing laws that promote incentive-based affordable and special needs housing in the City while ensuring qualifying projects are consistent with the Coastal Act and the City's certified Local Coastal Program.
NOW, THEREFORE, BE IT RESOLVED that, based on the foregoing recitals incorporated herein by this reference, the City Council hereby initiates amendments to the Carpinteria Local Coastal Program, including, but not limited to, Title 14, Zoning, of the Carpinteria Municipal Code to regulate density bonus projects within the City of Carpinteria.
PASSED, APPROVED AND ADOPTED on September 12, 2022, by the following vote:
AYES: COUNCILMEMBER(S):
NOES: COUNCILMEMBER(S):
ABSENT: COUNCILMEMBER(S):
ABSTAIN: COUNCILMEMBER(S):
Mayor, City of Carpinteria
ATTEST:
City Clerk, City of Carpinteria
I hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Carpinteria held on September 12, 2022.
City Clerk, City of Carpinteria
APPROVED AS TO FORM:
Jena Acos Shoaf, on behalf of Brownstein
Hyatt Farber Schreck, LLP acting as
City Attorney of the City of Carpinteria
- 2 -
Resolution No. 6157
City of Carpinteria
COUNCIL AGENDA STAFF REPORT
September 12, 2022
ITEM FOR COUNCIL CONSIDERATION
Adoption of Resolution No. 6156, initiating an amendment to Carpinteria Municipal Code, Title 14: Zoning Regulations, concerning the implementation of Coastal Development Permit Procedures.
STAFF RECOMMENDATION
Adopt Resolution No. 6156 (Attachment A), initiating an amendment to the Carpinteria Local Coastal Program Zoning Code to implement Coastal Development Permit Procedures.
Sample Motion: I move to approve and adopt Resolution No. 6156, initiating an amendment to the Carpinteria Local Coastal Program Zoning Code, regarding Coastal Development Permit Procedures.
BACKGROUND
Regulations concerning the City's process for review and approval of development are a part of the Zoning regulations in Title 14 of the Carpinteria Municipal Code. The Zoning regulations are guided by policies of the Carpinteria General Plan/Coastal Land Use Plan and the Local Coastal Program (collectively, "GP/LCP"). The GP/LCP was last comprehensively updated in 2001 (Resolution No. 4670 on May 29, 2001, Project No.
GPA/LC PA 97-810). The City's Zoning Code, which was originally adopted in 1981, is part of the City's Coastal Commission-certified LCP and incorporated Development Permit procedures and procedures for Appeals of Development Permits in the Coastal Zone. However, since the certification of the 2001 GP/LCP update, Coastal Commission staff requested that the City revisit its provisions on Development Permits in the Coastal Zone and amend its Zoning Code to establish a separate Coastal Development Permit section similar to other jurisdictions.
As part of the City's objective to implement the Coastal Development Permit Procedures, by amending Title 14 Zoning, the City submitted an application for a Coastal Commission Round 7 Grant in December of 2021 (City Council Resolution No.
Coastal Development Permit Local Coastal Program Amendment Initiation September 12, 2022
6079). The City's grant request was approved by the Coastal Commission and an agreement was executed between the City and Coastal Commission on June 21, 2022.
Task 4 of this grant involves the necessary Local Coastal Program (LCP) Implementation Plan amendment to include Coastal Development Permit zoning regulations. The Commission awarded $90,000 to Task 4, with a City-proposed completion date of December 31, 2023, within the Coastal Commission timeframe of December 2025.
The purpose of this agenda matter is to provide the City Council with the opportunity to initiate the City's legislative process to draft Coastal Development Permit Procedures as an amendment to the City's Local Coastal Program, Title 14 Zoning of the Carpinteria Municipal Code.
DISCUSSION
The City's Zoning regulations, Title 14 of the Municipal Code, are a part of the City's certified Local Coastal Program. The Zoning regulations include provisions for the Development Permit process as well as special provisions for appeals of Development Permits in the Coastal Zone. The Zoning regulations, established in 1981, are (as a whole) one of the earliest examples of local zoning regulations that serve to implement the California Coastal Act (1978). The City's 2001 GP/LCP update previously identified the need for new development permitting regulations that are specific to the Coastal Development Permitting similar to other coastal cities.
Pursuant to the terms of the grant the City has been awarded to complete the subject legislative work, once initiated, staff will prepare an administrative draft, public draft, and final drafts of the proposed zoning code amendment; notices, agendas, and staff reports associated with the adoption hearings; agendas and meeting minutes related to Coastal Commission staff coordination meetings; and the Local Coastal Program submittal package. The work product will be the draft ordinance presented for consideration of adoption by Council and certification by the Coastal Commission.
Ordinance Adoption Process
Once initiated, staff will work to prepare a draft ordinance. Upon completion of the draft ordinance, it first will be considered at a public hearing by the Planning Commission.
The Planning Commission will provide recommendations on the draft ordinance to the City Council at a noticed public hearing. The Council will then hold a public hearing to receive the Planning Commission's recommendation(s) and to consider adoption of the draft ordinance upon a first reading. The Council would have the opportunity to modify or amend the draft ordinance. If the draft ordinance is significantly modified, the City will need to provide six weeks' notice to the public before the City Council returns to hold a final vote adopting the ordinance upon a first reading. \\Coc5h\cdd\Project Files\2022 (2139- )\2146 CDP LCPA\lnitiation\FINAL 9.12 Staff Report re Initiation of Coastal Development Permit Procedures (003)(24642398.1 ).docx
Coastal Development Permit Local Coastal Program Amendment Initiation September 12, 2022
Upon adoption, the Council would also authorize staff to submit the draft ordinance to the California Coastal Commission (CCC) as a Local Coastal Program Amendment (LCPA). The CCC would be responsible for ensuring that the City approved Zoning Code amendment is consistent with the policies of the California Coastal Act and the City's certified LCP. Upon certification of the LCPA by the CCC, the draft ordinance would be returned to the City Council for: 1) acceptance of any modifications required by the CCC and 2) adoption of the ordinance upon a second reading.
If the CCC certifies the ordinance without any suggested modifications, the certification is effective immediately, and the ordinance will go into effect thirty (30) days following the City Council's second reading of the ordinance. If the CCC suggests modifications, then certification does not become effective until 1) the CCC Executive Director receives notification of the City's acceptance and implementation of those modifications, 2) the Executive Director determines in writing that the City's action and notification procedures are legally adequate to satisfy the CCC's certification order, and 3) the Executive Director reports this determination to the CCC at its next regularly scheduled meeting.
Depending upon the extent and manner in which the CCC completes the review and certification of the City's LCPA, the entire ordinance adoption process could take approximately 12 to 15 months. The City may request an extension of time on the program; however, the grant term currently extends potential time extensions to December 31, 2025. Given the desire to implement this component of the Local Coastal Program Implementation Plan, the City intends to complete Grant Task 4 by December 31, 2023.
Scope of the Coastal Development Permit Procedures
The scope of the amendment to the Local Coastal Program Implementation Plan involves development of Coastal Development Permit procedures, which will include a stated purpose and intent, applicability, processing, expiration, appeals, and other administrative procedures. This proposed amendment will also consider provisions to address state required permit streamlining trends, including the need to implement certain objective development standards for mixed-use, multi-family, and accessory dwelling unit development applications, as they relate to coastal resource protection policies both within and outside the Coastal Commission's appeals jurisdiction. As part of the grant agreement, the City will coordinate with Coastal Commission staff during the drafting of the proposed zoning code amendment.
POLICY CONSISTENCY
This Coastal Development Permit Procedures amendment to Title 14 Zoning serves to update the City's Local Coastal Program and ensure that comprehensive and necessary permit procedures are pursued concurrently with other important Zoning Code \\Coc5h\cdd\Project Files\2022 (2139- )\2146 CDP LCPA\lnitiation\FINAL 9.12 Staff Report re Initiation of Coastal Development Permit Procedures (003)(24642398.1 ).docx
Coastal Development Permit Local Coastal Program Amendment Initiation September 12, 2022
amendments that are presently underway, including the Downtown Design Overlay Program, Density Bonus Update, and the Accessory Dwelling Unit programs. Completion, implementation, and certification of the Coastal Development Permit procedures for the Chapter 14 - Zoning regulations are essential to ensure development projects are consistent with the Coastal Act.
FINANCIAL CONSIDERATIONS
The Coastal Development Permit Procedures amendment will be primarily funded by the awarded Coastal Commission Round 7 grant, Task 4 allocation of $90,000. As part of the executed grant agreement, a 20 percent match of $18,000 will be provided from the City's general fund.
LEGAL AND RISK MANAGEMENT CONSIDERATIONS
Use of grant funds and the City's general fund match to implement the Title 14 Zoning procedures for Coastal Development Permits is consistent with the City's intent in ensuring legally valid, up-to-date, and relevant planning polices and regulations. The City Attorney's Office will assist with the development of Coastal Development Permit procedures.
OPTIONS
The Council may choose to:
1. Initiate amendments to the Local Coastal Program, including but not limited to the Zoning Code, to implement the Coastal Development Permit Procedures.
2. Take no action, or elect not to initiate the amendments as proposed herein.
3. Request staff to return to a future Council meeting with additional information prior to deciding whether to initiate the amendments.
PRINCIPAL PARTIES EXPECTED AT MEETING
Interested citizens
ATTACHMENTS
Attachment A Draft Resolution No. 6156
\\Coc5h\cdd\Project Files\2022 (2139- )\2146 CDP LCPA\lnitiation\FINAL 9.12 Staff Report re Initiation of Coastal Development Permit Procedures (003)(24642398.1 ).docx
Coastal Development Permit Local Coastal Program Amendment Initiation September 12, 2022
Staff Contact: Steve Goggia, Community Development Director (805) 755-4414 / [email protected] ~~
Sign u e
. ) . ;1/'-
L_~
Reviewed by: Dave Durflinger, City Manager
(805) 755-4400, [email protected]
Reviewed by: Jena Shoaf Acos,
on behalf of Brownstein Hyatt Farber Schreck, LLP
acting as City Attorney for the City of Carpinteria a-kT Au, J Signature
\\Coc5h\cdd\Project Files\2022 (2139- )\2146 CDP LCPA\lnitiation\FINAL 9.12 Staff Report re Initiation of Coastal Development Permit Procedures (003)(24642398.1 ).docx
Attachment A
Resolution No. 6156
RESOLUTION NO. 6156
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARPINTERIA INITIATING AMENDMENTS TO THE
CARPINTERIA LOCAL COASTAL PROGRAM, TITLE 14 -
ZONING OF THE CARPINTERIA MUNICIPAL CODE,
INCLUDING CHAPTER 14.60, TO IMPLEMENT THE
COASTAL DEVELOPMENT PERMIT PROCEDURES
WHEREAS, on January 1980, by Resolution No. 1019, the City Council adopted the Coastal Plan that was developed pursuant to The California Coastal Act of 1976 (Public Resources Code 30000 et seq.) ("Coastal Act"), which includes the entirety of the City's jurisdiction; and
WHEREAS, on October 12, 1981, by Ordinance No. 315, the City Council adopted Title 14 of the Carpinteria Municipal Code, in compliance with the State of California planning and zoning laws; and
WHEREAS, on May 29, 2001, by Resolution No. 4670, the City Council adopted the first amendment to the Carpinteria General Plan and Local Coastal Program (Project No. GPA/LCPA 97-810), in compliance with California Law (Government Code Section 65300, et seq., and Public Resources Code 30000 et seq.); and WHEREAS, Title 14 of the Coastal Commission Certified Carpinteria Municipal Code includes Development Permit procedures and procedures for Appeals of Development Permits in the Coastal Zone; however, the provisions need to be updated in order to ensure consistency with the Coastal Act; and WHEREAS, the City of Carpinteria was awarded a Coastal Commission Round 7 grant in June 2022, which funds the Coastal Development Permit Procedures Implementation Plan; and
WHEREAS, the City Council finds that the Coastal Development Permit Procedures Implementation Program will support the expeditious permitting of development in the City, including, but not limited to, Accessory Dwelling Units and Junior Accessory Dwelling Units, an essential housing program to address the City's Regional Housing Needs Allocation.
NOW, THEREFORE, BE IT RESOLVED that, based on the foregoing recitals incorporated herein by this reference, the City Council hereby initiates amendments to the Carpinteria Local Coastal Program, including, but not limited to Chapter 14.60 of Title 14 Zoning of the Carpinteria Municipal Code to update its coastal development permit procedures within the City of Carpinteria.
- 1 -
Resolution No. 6156
PASSED, APPROVED AND ADOPTED on September 12, 2022, by the following vote:
AYES: COUNCILMEMBER(S):
NOES: COUNCILMEMBER(S):
ABSENT: COUNCILMEMBER(S):
ABSTAIN: COUNCILMEMBER(S):
Mayor, City of Carpinteria
ATTEST:
City Clerk, City of Carpinteria
I hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Carpinteria held on September 12, 2022.
City Clerk, City of Carpinteria
APPROVED AS TO FORM:
Jena Acos Shoaf, on behalf of Brownstein
Hyatt Farber Schreck, LLP acting as
City Attorney of the City of Carpinteria
- 2 -
Resolution No. 6156
City of Carpinteria
COUNCIL AGENDA STAFF REPORT
September 12, 2022
ITEM FOR COUNCIL CONSIDERATION
Special Event Permit Application for the 2022 California Avocado Festival.
STAFF RECOMMENDATION
1. Approve the Special Event Permit Application for the 2022 California Avocado Festival.
2. Designate the area within the event footprint as a public park during the hours of operation pursuant to Carpinteria Municipal Code Section 10.68.010.
3. Authorize expenditures for special event law enforcement services and temporary traffic control and street cleaning services.
Sample Motion: I move to:
1. Approve the Special Event Permit Application for the 2022 California Avocado Festival.
2. Designate the area within the event footprint as a public park during the hours of operation pursuant to Carpinteria Municipal Code Section 10.68.010.
3. Authorize expenditures for special event law enforcement services and temporary traffic control and street cleaning services.
This motion requires a roll call vote.
BACKGROUND
The California Avocado Festival is an annual community event. In California, it is one of the largest free festivals that is held in a downtown center. The event also provides a major fund raising opportunity for local non-profit organizations. The last California Avocado Festival event was in 2019. The event was suspended for 2020 and 2021 due to the height of the pandemic. The event organizer, California Avocado Festival Inc., submitted a Special Event Permit Application for the 2022 California Avocado Festival in order to reprise a long-standing tradition. The applicant's Special Event Permit Application is being presented to the City Council for consideration of approving the ..,
Special Event Permit Application for 2022 California Avocado Festival September 12, 2022
operation of the event in the City riqht-of-wav, sales and serving of alcoholic beverages on public property, and authorization of expenditures from City funds in order to pay for a portion of the costs associated with providing special event law enforcement services from the Santa Barbara County Sheriff's Department and temporary traffic control and street cleaning services from the Public Works Department.
The purpose of this agenda matter is for the City Council to approve the Special Event Permit Application for the 2022 California Avocado Festival.
DISCUSSION
The Special Event Permit Application, as shown in Attachment A, proposes an event schedule from Friday, September 30, 2022, to Sunday, October 2, 2022. The event footprint area would include Linden Avenue between Carpinteria Avenue to the north, Sixth Street to the south, and portions of intersecting streets within the event footprint area. Linden Avenue would be closed on the morning of Thursday, September 29, for preparation and set-up and is expected to be reopened to vehicular traffic late Sunday night, October 2. On Friday, September 30, the event is proposed to operate from 1 :00 p.m. to 10:00 p.m. On Saturday, October 1, the event is proposed to operate from 10:00 a.m. to 10:00 p.m. and on Sunday, October 2, from 10:00 a.m. to 6:30 p.m.
For electric power sources, the event proposes to provide most of its own power by portable power generators. For sanitary facilities, the event proposes to provide portable hand washing and urinal/toilet facilities and janitorial services. The City public restrooms at Parking Lot #1 (Ninth Street) and Parking Lot #3 (Fifth Street) would be closed during the event.
The Special Event Permit Application is requesting for alcoholic beverage sales and serving to be allowed until forty-five (45) minutes prior to closing on each day of the event within a designated portion of Linden Avenue and intersecting streets extending from Eighth Street to Ninth Street/Wullbrandt Way. The applicant's Alcoholic Beverage Control (ABC) license application is consistent with the Special Event Permit Application. Hours of operation that are proposed for alcoholic beverage sales and serving are from 1 :00 p.m. to 9: 15 p.m. on Friday, from 11 :00 a.m. to 9: 15 p.m. on Saturday, and from 11:00 a.m. to 5:15 p.m. on Sunday.
The Special Event Permit Application is also requesting for special event law enforcement services from the Santa Barbara County Sheriff's Department and temporary traffic control and street cleaning services from the Public Works Department. The request for these services was made in previous years' event in which the City Council authorized expenditures for.
The Santa Barbara County Sheriff's Department and Public Works Department as well as the Carpinteria-Summerland Fire Protection District and Community Development Department Code Compliance Division coordinated with California Avocado Festival Inc. in developing the event action plan (EAP). The EAP is a central document in Special Event Permit Application for 2022 California Avocado Festival September 12, 2022
managing the emergency response to an incident, and the EAP was prepared by the Carpinteria-Summerland Fire Protection District as the lead agency of incident command.
POLICY CONSISTENCY
A. Special Event Permit
With any special event, public health and safety are priorities to the City.
Provisions that are taken to protect public health and safety include, but are not limited to:
1. Mandatory Food Safety Meeting and Inspections- The applicant facilitates an annual meeting with the Santa Barbara County Public Health Department in order to advise event food vendors on food safety requirements for outdoors.
Health inspectors visit each food vendor booth prior to serving food to the public.
2. Mandatory Alcoholic Beverage Servers Training- All volunteers that serve alcoholic beverages are required to participate in the State of California ABC server training. The server training is intended to minimize public intoxication and violations of alcohol regulations.
3. Event Security- The applicant is responsible for providing qualified private event security services.
4. Public Safety- The applicant pays for special event law enforcement services provided by the Santa Barbara County Sheriff's Department. An event safety area that is operated by the Santa Barbara County Sheriff's Department, Carpinteria-Summerland Fire District, and trained volunteers, provides public safety information and also serves as a central location for paramedic/emergency medical services and lost-and-found.
5. Hours of Operation- The applicant must operate the event that fits with the character and interests of the Carpinteria community. For recurring events, the organizer must make adjustments as needed in order to improve the event in meeting the expectations of the City and the community. Hours of operation, entertainment, vendors, and other aspects of event operations must be reviewed by City staff for public health and safety requirements.
Also, event rules are reviewed for the incorporation of the prohibition of animals except for legally registered service animals and emotional support animals, smoking, and other conduct determined to be inconsistent with the Carpinteria Municipal Code. The Special Event Permit requires the event rules to be posted at all entrances to the event.
B. Alcoholic Beverages
,
Special Event Permit Application for 2022 California Avocado Festival September 12, 2022
Page4
-I
The City Council may allow alcoholic beverage sales and serving in the event footprint area by determining said area to be a public park. This determination would then allow alcoholic beverage sales and serving. Carpinteria Municipal Code Section 10.68.010 defines a special event as including any event in a public park where regulated alcoholic beverages are to be consumed. ABC would then issue a permit to the event subject to conditions and/or restrictions on the sale and serving of alcoholic beverages including defining the Alcohol Sales Permit footprint area and limiting the hours of sale.
C. Sanitary Facilities, Storm Water Pollution Prevention, and Recycling
1. Sanitary Facilities- Portable hand washing and urinal/toilet sanitary facilities and janitorial services are required to be provided by the event organizer.
2. Storm Water Pollution Prevention- Best management practices are required to be implemented at existing storm drain inlets within and adjacent to the event.
3. Recycling- Recyclables are required to be segregated from the event's solid waste stream. Vendors are prohibited from using non-recyclable, plastic takeout food containers. The applicant is also required to instruct vendors to avoid distribution of plastic-filmed bags and to document and report solid waste stream and recycling diversion amounts.
FINANCIAL CONSIDERATIONS
The estimated cost of special event law enforcement services for the 2022 Carpinteria Avocado Festival is $22,400. This is an adjusted cost based on a cost increase of approximately 16.5-percent
1 since the last Carpinteria Avocado Festival, which was in 2019. Should the City Council approve this request, the cost would be allocated from the Law Enforcement Program budget (Expense Account No. 101-171-5255) in the Adopted Fiscal Year 2022/23 Budget. ·
The estimated total cost of temporary traffic control and street cleaning services is $43,100. This is also an adjusted cost based on a cost increase of approximately 16.5- percent 1 since the last Carpinteria Avocado Festival. The cost would be allocated from the Gas Tax Fund for the temporary traffic control and Measure A Fund for the street cleaning services.
The Community Development Department Code Compliance Division would perform normal duties in the event footprint area which includes enforcing parking, bicycle, and 1 Construction Cost Indices of September 2019 and September 2022. Engineering News Record Special Event Permit Application for 2022 California Avocado Festival September 12, 2022
skating regulations; and prohibiting illegal vendors. There would be no additional costs associated with these services.
The event's beneficial economic impact to the community has been discussed amongst the City Council in previous years in conjunction with the City's subsidy of the event.
One aspect to the economic benefit has been the opportunity of fundraising for local non-profit organizations. Further, it has been generally acknowledged in previous years that the event boosted sales and transient occupancy taxes.
LEGAL AND RISK MANAGEMENT CONSIDERATIONS
Approval of the Special Event Permit Application allows the footprint of the event to operate as a public park which would allow the sales and serving of food and alcoholic beverages in City property.
OPTIONS
1. Approve the Special Event Permit for the 2022 California Avocado Festival. (Staff recommendation)
2. Direct changes to the conditions and approve the Special Event Permit.
3. Deny the Special Event Permit Application.
PRINCIPAL PARTIES EXPECTED AT MEETING
California Avocado Festival, Inc.
ATTACHMENTS
Attachment: Special Event Permit Application
Staff contact:
John L. Ilasin, Public Works Director
(805) 880-3402; [email protected]
Reviewed by:
Dave Durflinger, City Manager
(805) 755-4400; [email protected]
ATTACHMENT A
Special Event Permit Application
PERMIT NO.
City of Carpinteria, California
PUBLIC WORKS DEPARTMENT
SPECIAL EVENT PERMIT APPLICATION
1. EVENT INFORMATION
Name of Event California Avocado Festival
Address/Area/Location of Event _S_ee __att_a_ch_e_d _ m__:. ap _
2. EVENT ORGANIZER INFORMATION
Contact name Kim Gutierrez
Phone 805-684-0038
Address 5320 Carpinteria Ave Ste K.
0 . . California Avocado Festival
rqanization _
Email [email protected]
Carpinteria, CA 93013
3. EVENT INFORMATION
Description of event: _S_e_e_a_tt_a_c_h_e_d _
Date of event: From Fri Sept 3o
Estimated attendance 60,000 flow
Start time (incl. set up) See attached
Open to the public? 0'esQo
Will minors be present? 0 esUo
Admission fee charged? Qes~o
Will food be served?*
To: Sun Oct 2
End time (incl. clean up) See attached
Will food be sold?* 0'es0o
Will alcohol be served?* 0esQo
Will alcohol be sold?* 0'es Do
Will this event cause any disturbance, noise or congestion in the vicinity of the proposed event? Yes No If yes, please attach an explain and give mitigating measures. *If food or alcohol will be served, please attach the appropriate approved permits. For Temporary Food EVENT, which may be obtained from the Santa Barbara County Public Health Department visit www.sbcphd.org. For Alcohol Beverage Control visit https:l www.abc.ca.gov/FormslPDFSpc.html (please note the City only allows alcohol under specific conditions and reserves the right to reject alcohol sales for special events). All vendors and commercial participants shall have an active City of Carpinteria Business License at the time of the event. Vendors shall be required to have proof of such License the day of the event if requested by City staff or other enforcement agency. 7 :I
I
SITE PLAN/MAP ROUTE/TRAFFIC CONTROL PLAN DIAGRAM
Your site plan should include the following:
0>utline of entire event, including street names. If your event includes road closures, please indicate the location of all closures, route to be traveled (if athletic event), including direction of travel and detours.
11/rrhe location of all stages, platforms, scaffolding, loud speakers, bleachers, canopies, Tents, portable toilets, booths, dumpsters and other temporary structures. 0rhe location of all approved signs, barricades, and barriers. All signage associated with the event shall be placed as not to interfere with vehicles, bicycles and pedestrians. Signs directing traffic shall be in accordance with the California manual of Traffic Control Devices (CA MUTCD).
~ny signs that the event organizer plans on using to direct athletic event participants (may not imitate traffic control signs in any way)
Oother related event components not listed above
Support Request: Traffic Iv' I Crowd Control Iv' I Street Closure Iv' I Other D The Department of Public Works will consider your request for support; however, a request does not guarantee support. If your event is requesting support from the City, please plan accordingly and submit your application no less than two months prior to the event date. Requests for support require approval by the Carpinteria City Council or their designee.
PLEASE BE SURE YOUR APPLICATION IS COMPLETE!
In addition to the items above, your application must include the following items to be ~sidered for approval:
~pplication Fee ($135/non-profits, $570/for-profits) □insurance Indemnification* Droof of Insurance
Qdditional Insured Endorsement
*Not less than one million dollars ($1,000,000) combined single limit for both bodily injury and property damage. The policy or policies shall also contain a provision that no termination, cancellation, or change of coverage for the insured or additional insured shall take effect until ten (10) days notice has been given in writing to the City Clerk of the City of Carpinteria.
Please attach any additional information including maps, descriptions, and insurance information. Your permit will not be processed unless it is complete.
Special Event Permit Page 2 Revised 8/21 EM
4. CONDITIONS OF USE
A. PERMIT CONDITIONS
1. An EVENT is not considered permitted until (1) EVENT ORGANIZER delivers to the City of Carpinteria the Special Event permit application, application fee, certificate of insurance and additional insured endorsement, written evidence of permits and licenses, and any other items deemed necessary by the City of Carpinteria; and (2) the City of Carpinteria, in its sole discretion, approves such permit in writing.
2. EVENT ORGANIZER shall provide the City with a single contact who is to serve as the representative for EVENT ORGANIZER's activities.
3. EVENT ORGANIZER shall be responsible for securing all required permits and licenses.
4. The EVENT shall be used for the purpose stated in this agreement and no other use will be permitted.
5. EVENT ORGANIZER shall not use the City of Carpinteria's name to suggest endorsement or sponsorship of the event without prior written approval of the City of Carpinteria Public Works Director or his/her designee. EVENT ORGANIZER's publicity of the event shall clearly and accurately identify the name of the sponsoring organization or individual.
6. EVENT ORGANIZER shall permit any City of Carpinteria officers, employees, or agents to visit the event described in this permit.
7. EVENT ORGANIZER is an independent contractor and not the agent or employee of the City of Carpinteria.
B. INDEMNIFICATION AND INSURANCE
1. EVENT ORGANIZER shall indemnify, defend, and hold harmless the City of Carpinteria, its officers, employees, and agents from any and all losses, costs, expenses, claims, liabilities, actions, or damages, including liability for injuries to any person or persons or damage to property arising at any time during and/or arising out of or in any way connected with EVENT ORGANIZER's use or occupancy of the EVENT and adjoining property, unless solely caused by the gross negligence or willful misconduct of the City of Carpinteria, its officers, employees, or agents.
2. General liability insurance. EVENT ORGANIZER shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. lf alcohol is sold during the permitted activity, coverage must include full liquor liability. Such insurance shall name the City of Carpinteria, its officers, employees, agents, and volunteers as additional insureds prior to the date of the permit. EVENT Special Event Permit Page 3 Revised 8/21 EM
ORGANIZER shall tile certificates of such Insurance with the City of Carpirtteria, which shall be endorsed to provide ten (10) days notice to the City of Carpinteria of cancellation or any change of coverage or limits. If a copy of the insurance certificate is not on file prior to the event, the City of Carpinteria may deny access to the EVENT.
All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager.
Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the EVENT ORGANIZER maintains higher limits than the minimums shown above, the City of Carpinteria requires and shall be entitled to coverage for the higher limits maintained by the EVENT ORGANIZER. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Carpinteria.
3. EVENT ORGANIZER shall report any personal injuries or property damage arising at any time during and/or arising out of or in any way connected with EVENT ORGANIZE R's use or occupancy of the City of Carpinteria's facilities and adjoining property to the City of Carpinteria Public Works Director or his/her designee, in writing and as soon as practicable.
4. EVENT ORGANIZER waives any right of recovery against the City of Carpinteria, its officers, employees, and agents for fires, floods, earthquakes, civil disturbances, regulation of any public authority, and other causes beyond the their control. EVENT ORGANIZER shall not charge results of "acts of God" to the City of Carpinteria, its officers, employees, or agents.
5. EVENT ORGANIZER waives any right of recovery against the City of Carpinteria, its officers, employees, and agents for indemnification, contribution, or declaratory relief arising out of or in any way connected with EVENT ORGANIZER's use or occupancy of the EVENT and adjoining property, even if the City of Carpinteria, its officers, employees, or agents seek recovery against EVENT ORGANIZER.
6. The City of Carpinteria makes no warranty, express or implied, as to the suitability of any roadway, bikeway or sidewalk for the event proposed. Not all City facilities are specifically designed for use as proposed.
C. SECURITY
1. The City of Carpinteria, at its sole discretion, may require a certain number of security or Sheriff officers for the event. EVENT ORGANIZER shall be responsible for Special Event Permit Page 4 Revised 8/21 EM
procuring and paying for officers through the City of Carpinteria or a private security agency.
2. EVENT ORGANIZER is solely responsible for supervising all individuals at the EVENT and adjoining property during the event. The City of Carpinteria is not responsible for providing this supervision. However, the City of Carpinteria may evict individuals from the EVENT during the event if their conduct is not in the best interest of the public or is deemed to be detrimental in any way.
D. SET UP/ CLEAN UP/ TRAFFIC CONTROLS
1. All participants shall sign written acknowledgment stating the following: 1) the California Vehicle Code must be complied with, including but not limited to section 21464, "Interference with Traffic Devices" and 2) that due caution shall be exercised.
2. This permit for use of the public rights-of-way for the subject event is not intended to provide participants with any guarantee of safety in completing the proposed activity.
Participants shall be responsible for their own safety in using the public rights of way.
3. It is the responsibility of the EVENT ORGANIZER to inspect and monitor the physical condition of the event route, including but not limited to pavement conditions, areas that may be effected by weather changes and traffic volumes, and determine the suitability of the route for the proposed event.
4. 'No Parking' signs shall be installed 72 hours prior to the EVENT in those areas where parking will be affected.
5. Barricades/cones shall be installed one half hour (minimum) prior to beginning of event and shall be removed immediately upon completion of the event. Vehicles shall be placed on the event side of the barricades as an added measure of protection. All barricades shall be monitored to ensure emergency vehicles can enter and exit the event location without impediment.
6. All traffic control signage notifying motorists of approved road closures and detours shall be in conformance with the California Manual on Uniform Traffic Control Devices.
7. The EVENT ORGANIZER shall conduct a briefing for all event monitors explaining the conditions of this permit. Unsatisfactory conduct by event monitors, promoters or sponsors is grounds for revocation of this permit and/or denial of future permits.
8. EVENT ORGANIZER shall not use any permanent markings or fasteners in any part of the public right-of-way and shall not make or allow to be made any alterations of any kind therein.
9. EVENT ORGANIZER shall be responsible for all cleanup of the EVENT, including adjacent grounds, at the end of the EVENT. EVENT ORGANIZER shall pick up, bag, and remove all trash and any markings generated by all activity in any way connected with its use of the EVENT. leaving the public right-of-way clean and free of all trash and litter. EVENT ORGANIZER shall also leave all fixtures, if any, in good working condition.
Special Event Permit Page 5 Revised 8/21 EM
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l
1 O. EVENT ORGANIZER shall not store any equipment or materials at the EVENT or adjoining property without the prior written approval of the City of Carpinteria Manager or his/her designee.
11. EVENT ORGANIZER shall be responsible for any and all damage to the EVENT and/or its contents during use. In the event damage occurs or excessive cleaning is necessary, EVENT ORGANIZER shall be charged for any and all janitorial and/or repair fees incurred by the City of Carpinteria as a result.
E. EQUIPMENT / ACCESSORIES
1. EVENT ORGANIZER shall not remove, relocate, or take City of Carpinteria property outside of the EVENT for any reason without the prior written approval of the City of Carpinteria Public Works Director or his/her designee.
2. EVENT ORGANIZER shall not use City of Carpinteria equipment, tools, or furnishings located in or about the EVENT without the prior written approval of the City of Carpinteria Public Works Director or his/her designee.
3. EVENT ORGANIZER shall not drive motorized vehicles on field or green space.
4. The City of Carpinteria does not provide audio/visual systems, public address systems, spotlights, floodlights, or projectors. EVENT ORGANIZER, at its own cost, may bring these systems into the EVENT for their use.
5. EVENT ORGANIZER shall secure the approval of the City of Carpinteria before using audio/visual systems, public address systems, and live or recorded amplified music.
EVENT ORGANIZER shall not record, televise, or broadcast the event or any portion thereof without prior written approval of the City of Carpinteria Public Works Director or his/her designee.
F. MISCELLANEOUS
1. EVENT ORGANIZER shall comply with all local, state, and federal laws and regulations related to the use of the EVENT. The EVENT ORGANIZER agrees to abide by all applicable federal and state accessibility standards and regulations.
2. EVENT ORGANIZER shall not admit a larger number of individuals than can lawfully, safely, and freely move about the EVENT.
3. Gambling of any kind is not permitted at the EVENT.
4. The EVENT shall comply with Municipal Code §8.52 Smoking Regulations. The Code prohibits smoking in all public places where other persons can be exposed to secondhand smoke. Pursuant to §8.52.060 D, the applicant shall designate a smoking area where smoking may be permitted subject to the conditions listed in §8.52.060 C of the Carpinteria Municipal Code.
5. If EVENT ORGANIZER violates any part of this permit or reports false information to the City of Carpinteria, the City of Carpinteria may refuse EVENT ORGANIZER future Special Event Permit Page 6 Revised 8/21 EM
permits and EVENT ORGANIZER shall forfeit a portion of or all of the fee and/or the deposit.
6. The City of Carpinteria may impose additional requirements as deemed necessary to protect the health, safety, and/or welfare of the community.
7. Any person aggrieved by the City of Carpinteria's decision with respect to this permit may appeal to the City of Carpinteria Public Works Director or his/her designee in writing no later than five (5) days after the City of Carpinteria's decision has been communicated to the aggrieved party.
8. If any provision of this permit is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
IMPORTANT
I am an authorized agent of the organization submitting this agreement. The information provided in this agreement is true and correct. I have read and understand this agreement and agree to all of the aforementioned rules, regulations, and conditions of l.ffl- use.
I 4867 8th St Unit B Carpinteria
ign~ Address
Kim Gutierrez 714-280-3676
Print name
California Avocado Festival
Phone
i [email protected]
Organization Email
City of Carpinteria USE ONLY
Permit fee _
Deposit _
Total paid _
Deposit returned _
APPROVED BY:
Sheriff's Department Public Works Director City Manager Date Date Date
Special Event Permit Page 7 Revised 8/21 EM
2022 California Avocado Festival
Project Description and Outline
5/11/22
Table of Contents
1. Concept & Overview 2
2. Hours of Operation 2
3. Site & Activities 3
4. Parking Restrictions 3
5. Street Closures, Detours & Traffic Control 4
6. Alcohol Service 5
7. Police, Fire & Communications 5
8. Utilities, Sanitation, Trash, etc. 6
9. Insurance 6
10. Permits, Approvals 7
11. Key Festival Contacts 7
~
I 2022 California Avocado Festival
Project Description and Outline
05/11/22
1. FESTIVAL CONCEPT AND OVERVIEW
., A. The California Avocado Festival is a community event to be a major fund raising opportunity for many of the local non-profits and service groups of Carpinteria Valley; It was also created as an annual festival for the enjoyment of the people of the State of California, for the promotion of avocados.
B. The Festival was organized in 1986 as a non-profit (S0lC-3) California corporation called the California Avocado Festival, Inc. The directors of the Festival are comprised of community members.
C. Historically, the Festival has drawn some 80-100,000 attendees during the three days. Visitors come primarily from all over Southern California. After the Festival was covered on the Food Network and the Travel Channel, our visitors come from all over the world.
2. HOURS OF OPERATION
A. The 36th Annual Festival will operate on Friday (09/30/22) from 2:00 PM to 10:00 PM, on Saturday (10/01/22) from 10:00 AM to 10:00 PM and Sunday (10/02/22) from 10:00 AM to 6:00 PM.
B. Preparation for the Festival begins Thursday morning (09/29/22) with the placing of the canopies and tents for the food court along the 900 block of Linden Ave.
C. The Friday Festival will take place in the 700, 800 & 900 blocks of Linden. Food booths will be open and there will be music at the Seal Fountain, Grotto Stage, & Main Stage.
D. Arts and Crafts will be setup Saturday morning, and open Saturday and Sunday 10:00 AM-6:00 PM.
On the 600 Block of Linden.
E. Beer and wine sales manned by the California Avocado Festival will cease at 9:15 PM on Friday, 9:15 PM on Saturday and 5:15 PM on Sunday, (45 minutes hour prior to closing).
F. The music will stop at 10:00 PM on Friday, 10:00 PM on Saturday and 5:45 PM on Sunday.
G. All vendors will cease selling at 10:00 PM on Friday, 10:00 PM on Saturday and 5:45 PM on Sunday. 2 2022 California Avocado Festival
Project Description and Outline
05/11/22
3. SITE AND ACTIVITIES
A. Linden Avenue (900): Is a mixed use area, Commercial Booths, George Bliss Expo Tent and the High School Cheerleader's "Largest Vat of Guacamole" site.
B. Linden Avenue (800): Food Booths will be concentrated on the 800 block of Linden, leaving a clear zone around the fountain. The fountain area will be left for music presentations. There will be tables and chairs in front of the Seal Fountain Stage and also on Wullbrandt Way. The Festival beer and wine booths will be located in this block. One booth in front of Senor Frogs, 1 booth in front of the Carpinteria Arts Center and one on the side of Rite Aid.
C. Linden Avenue (700): Arts & Crafts Booths with handmade items. Exhibitors have applied for the Festival and have been judged by a committee to minimize duplicate items, keep quality high, etc.
Festival staff will control entry and exit of vehicles from this area.
D. Linden Avenue (600): Lifestyle area with RV, ATV, Jet Ski and other "lifestyle" displays E. 8
th Street will be the site of the Grotto Stage hosting musical acts Friday, Saturday and Sunday and all contests with covered seating.
F. Jth Street between Yucca and Cactus will be the site for the Kid's Area and Kid's Stage.
G. 9
th Street (900 block): The Main Stage will be located between Yucca and Linden with a defined dance area directly in front of stage.
H. Wullbrandt Way (900 block): Food Vendors, table and chairs for eating, free speech area, bathrooms.
I. 8
th Street (Between 900-800 block): refrigerated semi trailer for perishable food storage; Sheriffs Command Center vehicle, First Aid, Aware and Prepare, and Fire District will provide Fire Engine.
J. The "Torrey Pine Site" will serve as "Doggie Day Care." Bathroom facilities and waste containers will be provided. We have arranged with Sandy Paws to provide the "Doggie Day Care" free of charge to participants. A 40' x 40' fenced enclosure with a staging area will be provided for and operated by Sandy Paws volunteers.
4. PARKING RESTRICTIONS
The following work will be performed by Public Works staff unless otherwise noted.
A. Sleeves will be put on the 90-minute parking signs at Parking Lot #1 (rear) from early Friday morning until the end of Festival.
B. Public Works will place "No Parking" signs at the following locations and times. a. Carpinteria Ave (Westbound)@ Front ofTorrey Pine: Sat-Sun 9 AM-10 PM b. Carpinteria Ave (Westbound) @ Pool Hall: Sat-Sun 9 AM-10 PM c. Linden Ave: 600 block Fri-Sun 7 AM-10 PM
3 2022 California Avocado Festival
Project Description and Outline
05/11/22
- '
d. Linden Ave: 700 block
e. Linden Ave: 800 block
f. Linden Ave: 900 block
g. Smart & Final Driveway Fronting on 800 Linden
h. Smart & Final Driveway Behind Reading Room
i. Deliver 4 barriers to Smart & Final for Parking lot
j. 7
th Street: 4900 Block to Cactus
k. 7
th Street: 500 Block to Yucca
I. 8
th Street: 4900(S&F & Cactus to Linden)
m. 8
th Street: 5000, ½ block to alley
n. 9
th Street: 4900, ½ block to alley
o. Wullbrandt Way (5000), ½ block to alley
p. 9
th& Cactus: 4 parking spaces SW corner of lot 2
q. 9
th Street from Yucca to Elm
r. Behind Napa Auto parts, Lot 1, extra Handicap parking s. Smart & Final Parking lot, pt row, fountain to corner Thurs-Sun 7 AM-10 PM
Thurs-Sun 8 AM-10 PM
Thurs-Sun 8 AM-10 PM
Fri-Sun 8 AM-10 PM
Fri-Sun 8 AM-10 PM
Fri-Sun 8 AM-6 PM
Fri-Sun 8 AM-10 PM
Thurs-Sun 8 AM-10 PM
Thurs-Sun 8 AM-10 PM
Thurs-Sun 8 AM-10 PM
Thurs-Sun 8 AM-10 PM
Thurs-Sun 8 AM-10 PM
Fri-Sun 8 PM-10 PM
Thurs-Sun 8 AM-10 PM
Fri-Sun 8 AM-10 PM
Thurs-Sun 8 AM-10 PM
C. Post "Permit Parking only" at the following locations. (Monitored by festival event staff) a. 9
th Street - As with past years, we will provide our musicians with a parking permit for that area.
b. The properties along the South side of 9
th Street will be notified and, if requested, will be given parking permits (as we have in the past).
c. 9
th St. Permit parking will enter from Yucca and exit Elm. d. On the north side of 8
th Street from Smart and Fina l's Driveway to Maple Ave. e. Cravens Parking on 6
th Street (601 Linden) - permit by parking only for residents.
D. Both drives from 9
th St. to Parking lot 1 will be closed/barricaded (to allow for additional parking in Lot 1 and 9
th Street in the entrance/exit area).
E. Downtown irrigation is shut off in the Festival footprint.
F. The Festival provides 2022 "Vendor Event Access Cards" for closed street areas for loading/unloading only as provided in the past. There are 5 areas designated by 5 different colors/60 of each:
a. Arts & Crafts
b. Commercial
c. Food
d. Entertainment
e. General
Please see attached for example.
5. STREET CLOSURES, DETOURS AND TRAFFIC CONTROL
Public Works staff will perform the following work unless otherwise noted.
A. Street Closures will occur at the following locations:
a. The 700 block of Linden Ave. to Carpinteria Ave. Thursday, September 29 th at 7:00 AM to
Sunday, October 2
nd 2022 and will be open by 11:00 PM.
4 2022 California Avocado Festival
Project Description and Outline
05/11/22
b. 8
th street between Elm Ave and Maple Ave, 9
th street from Elm Ave to Linden, and
Wullbrandt Way Thursday, September 29
th through Sunday, October 2nd
, 2022, and will be
open by 11:00 PM.
c. 600 Block of Linden Avenue to be closed from 6:00 AM Friday-11:00 PM Sunday. d. 8th Street between Cactus Avenue and Yucca from 8:00 AM Friday - 11:00 PM Sunday. e. 9th Street between Cactus Avenue and Yucca from 8:00 AM Friday - 11:00 PM Sunday.
B. Traffic detour signs will be placed at the following locations with respect to street closure times noted in above items #1 and #2.
a. Elm Avenue at 9
th
, 8
th
, and 6
th Streets place (north/south arrow)
b.Maple Avenue at 8
th
, and 7
th Streets (north/south arrow)
c. Linden Avenue, south of Carpinteria Avenue (east/west arrow) d.Linden Avenue, north of Carpinteria Avenue (head of control cones) e. Linden Avenue, north of 6
th Street (south arrow)
f. No Parking on 8
th Street from Von's Driveway to Elm - Operations parking c. Traffic control cones will be placed at the intersection of Carpinteria Avenue and Linden Avenue to detour southbound Linden Avenue traffic onto Carpinteria Avenue by way of left turn and right turn movements only.
D. Traffic signal sequencing shall be modified by Public Works at the intersection of Carpinteria Avenue and Linden Avenue.
E. Closed streets will be opened on Sunday night after vendors and equipment have been removed and street clean up is complete. Public Works will monitor area during cleaning and opening of streets. All Public Works items will be placed at corners for pickup on Monday morning. Items such as beverage trailers, portable restrooms and roll off containers will either be located on private property or be situated close to the curbs so as to not impede traffic or pose any hazards.
F. Festival volunteers will pick up all shuttle bus direction signs. 5 2022 California Avocado Festival
Project Description and Outline
05/11/22
6. ALCOHOL SERVICE
We will be continuing our relationship with the Safe Servers program facilitated by the California Avocado Festival.
A. The California Avocado Festival is the 2022 sole vendor of beer and wine in the public right-of-way at the Festival. Approval ofthis special event permit will permit such vending and suspend the City's ban on consumption in the specified public area for the Festival hours only.
B. Beer and wine sales shall be from 1:00 PM to 9:15 PM on Friday, 11:00 AM until 9:15 PM on Saturday and 11:00 AM until 5:15 PM on Sunday.
C. The Festival shall acquire the necessary ABC permit and insurance.
D. Beverages will be poured into plastic containers unique to their operation.
E. Consumption of beer and wine sold by the Festival shall be limited to the designated area on Linden Ave. between 8
th Street and 9
th Street including the Main Stage area on 9th Street, the Avo Performing Stage seating area and the small area of Wullbrandt Way. (see attached map).
F. The Festival will hire a qualified guard to monitor compliance at each booth.
G. The Festival will provide 12 guards around the perimeter of the festival to assure consumption occurs within the City's suspended ban areas (see attached map).
H. The Festival will require alcohol server awareness training for shift volunteers.
7. POLICE, FIRE, SECURITY AND COMMUNICATIONS
A. The Santa Barbara County Sheriff's Department controls all necessary law enforcement and procedures under contract to the City of Carpinteria.
B. The Festival will provide for a licensed security guard service to handle property security before and after the Festival hours of operation. The Festival will contract for security on Thursday, Friday and Saturday evenings with the number of personnel to be determined based on the number and location of exhibits.
c. The Festival will request a "Command Post" vehicle from the Sheriff's Department.
D. The Festival will obtain sufficient numbers of portable radios and/or cellular phones for troubleshooting, information requests, calls for service and emergencies. A portable or base station will be provided for the communications trailer to enhance the dispatching of EMT personnel.
E. The Fire District will require proof of flame-resistance for each tent erected. In addition, proper fire extinguishers shall be provided by the tent contract for each booth employing open flame cooking or for larger enclosed tents, as required by the California Fire Code. 6 2022 California Avocado Festival
Project Description and Outline
05/11/22
F. The County Sheriff's Department and event staff will enforce the "no dog" policy. Signs will be posted at all entries.
8. UTILITIES, SANITATION, TRASH, ETC.
We will be utilizing the team and systems from recent years to maintain our Zero Waste Status.
A. The Festival will be responsible for the hook-up of all electrical appliances in a safe manner according to the Uniform Electrical Code. Vendors will be asked not to bring household type appliances or halogen lights because of their typically heavy draw on current.
B. On-site trash and garbage will be collected by a professional janitorial service contracted by the festival for that purpose. Trash and Recycling will be disposed of in 3 - 40-yard roll-off containers (plus one smaller container) by E.J. Harrison & Sons of Ventura. They will be located in the Smart & Final parking lot and on T" Street. The contractor is also providing numerous collection receptacles in the Festival area.
C. Festival volunteers will assist in overall clean up of the area around the Festival site and will supervise and assist the on-site clean up on Saturday and Sunday evenings.
D. Appropriate containers for waste oils and grease will be provided for the food vendors and will be disposed of by a rendering company. The Festival will clean any excess grease or oils on the sidewalk or street. A post washing facility (self-contained) is being pursued for the food booth area. Food vendors are required to place appropriate flooring on the street to catch any cooking oils. All county health requirements will be met.
E. Portable sanitary facilities will be provided at various locations: CHS, 9 th and Yucca, 9
th and Cactus, 8th
and Yucca, 7
th and Linden. The Festival will contract for servicing of the facilities once on Friday twice on Saturday and once on Sunday. Toilets will be placed Thursday morning and picked up on Monday morning. Hand washing facilities will be placed at most sites.
F. The Health Department ofthe County of Santa Barbara is the lead agency for controlling food vending at the Festival. All food vendors are required to attend a pre-Festival meeting at Carpinteria Woman's Club with Health Department officials and must undergo a final inspection prior to first sales on Friday. All vendors will comply with Health Department rules and regulations.
G. The Festival will supply standard and handicap bathrooms and sinks at City bathroom locations. City will lock City bathrooms.
9. INSURANCE
A. The Festival will contract for a $2,000,000 liability insurance naming the City of Carpinteria as an additional insured. The Festival will also provide proof of insurance as required to the Carpinteria Unified School District and any other property owners who make facilities available to the Festival. 7 2022 California Avocado Festival
Project Description and Outline
05/11 /22
B. Proof of insurance is also required of all vendors who are selling any product/service at the Festival.
Any Attraction using the City right-of-way will be required to include the city of Carpinteria as an "also insured" as well as the Festival.
10. PERMITS AND APPROVALS
A. The following permits, approvals or notifications will be obtained by the representative agencies for the Festival:
a. Special Event Permit (City of Carpinteria).
b. Affected vendors will be required to obtain a Sales Tax permit. c. Food vendors will be required to obtain Public Health Department permits for their booths from Santa Barbara County (through Festival).
d. City will request additional police services for the event from the Santa Barbara County Sheriff Department.
e. Carpinteria-Summerland Fire Department, emergency medical services and the local schools will be notified of all street closures by the event coordinator.
11. KEY FESTIVAL PERSONNEL
A. Gary Dobbins
B. Mike Lazaro
C. Ben Mascari
D. Jeff Theimer
E. Emily Miles
F. Melissa Brown
G. Eydie Kaufman
H. Marybeth Carty
I. Kim Gutierrez
Board President/Media Chair
Operations/Entertainment
Treasurer/Operations
Operations/Board Member
Expo Chair/Board Member
Expo Co-Chair/Board Member
Commercial Venue/Guest Services/Safety
Food Chair
Executive Administrator
448-4771 (cell)
403-7631 (cell)
453-5258 (cell)
455-5662 (cell)
452-6884 (cell)
212-0450 (cell)
403-5332 (cell)
453-0461 (cell)
684-0038(office) 714-280-3676(cell)
8 City of Carpinteria
COUNCIL AGENDA STAFF REPORT
September 12, 2022
ITEM FOR COUNCIL CONSIDERATION
Informational Report on Train Horn Noise Level at Tomol Interpretive Play Area.
STAFF RECOMMENDATION
Consider the informational report and direct staff based on the Options included herein.
Sample Motion: I move to accept the report and direct staff consistent with Option(s) __ , included herein.
BACKGROUND
At the June 13
th City Council meeting, Councilmember Carty raised a concern about children being affected by train horns at the Tomol Interpretive Play Area. A motion requesting this item to be brought back to City Council was supported by Councilmembers Alarcon and Lee.
The Tomol Interpretive Play Area is located directly adjacent the rail corridor through Carpinteria, and southeast of the crossing at Linden Avenue. The railroad line traversing Carpinteria was established in the late 1 B00's. Today, the rail line is owned by Union Pacific Railroad (UPRR) and used primarily by Amtrak for passenger train service.
Amtrak trains travel through Carpinteria ten times daily at approximately; 7:08 a.m., 9:04 a.m.,12:13 p.m., 2:03 p.m., and 7:20 p.m. south bound and 9:36 a.m., 11:34 a.m., 5:28 p.m., 7:07 p.m., 9:35 p.m. north bound. UPRR freight trains travel through Carpinteria inconsistently and usually not more than twice daily
1 .
Tomol Interpretive Play area opened in 2011 as a collaboration between California State Parks, the Rotary Club of Carpinteria Morning and the City of Carpinteria. The Play area is at times heavily used by children and their families. Peak periods of use 1 Amtrak, Pacific Surfliner schedule, September, 2022 https://www.pacificsurfliner.com/ ~
I
..,
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Train Horn Noise
September 12, 2022
tend to be daytime wookonds and holidays with greater use overall in summer months when school is out.
Train horns are intended to alert people and animals of an approaching train, especially where trains cross roadways at-grade. State laws and railroad operating rules govern use of train horns at highway-rail grade crossings. Train horns can be louder than 100 decibels. There are at least two federal programs where cities can establish rail crossing safety improvements in order to mitigate the need for locomotive horn sounding.
According to the National Institute of Health (NIH)2, sounds can be harmful when they are too loud, even for a brief time, or when they are both loud and long-lasting. Noise induced hearing loss can be caused by a one-time exposure to an intense "impulse" sound, such as an explosion, or by continuous exposure to loud sounds over an extended period of time. The distance from the source of the sound and the length of time exposed to the sound are also important factors in avoiding hearing loss. A good rule of thumb, according to NIH, is to avoid noises that are too loud, too close, or last too long. NIH information suggests that 110 decibels exposure for two minutes or longer can cause hearing damage in children.
3 NIH recommends the following measures to help protect against hearing loss:
•
•
•
•
•
•
•
Know which noises can cause damage . Wear earplugs or other protective devices when involved in a loud activity (activity-specific earplugs and earmuffs are available at hardware and sporting goods stores).
If you can't reduce the noise or protect yourself from it, move away from it.
Be alert to hazardous noises in the environment.
Protect the ears of children who are too young to protect their own . Make family, friends, and colleagues aware of the hazards of noise . Have your hearing tested if you think you might have hearing loss .
The purpose of this City Council agenda matter is to provide the Council information concerning current train horn noise occurring at the Tomol Interpretive Play Area near the Linden Avenue rail crossing, current train horn standards that apply to trains operating at this location, and, based on this information, options for the Council to consider that may serve to mitigate the train horn noise at the Tomol Interpretive Play Area.
2 National Institute on Deafness and Other Communication Disorders (NIDCD) website at https://www.nidcd.nih.gov/health/noise-induced-hearing-loss. The NIDCD is a part of the National Institutes of Health (NIH).
3 I bid https://www. noisyplanet. nidcd. nih .gov/parents/too-loud-too-long \GDrive\Olivia\Other\RailRoad\Staff Report - Train Horn Noise Train Horn Noise
September 12, 2022
DISCUSSION
Train Horn Noise Loudness. On July 6
th 2022, Code Compliance Supervisor Alonzo
measured
4 the noise level from Tomol Interpretive Play Area at 2:00 p.m. during the Amtrak passenger train arrival and recorded a maximum ambient noise level of 73.5 decibels. At 2:06 p.m. while the Amtrak passenger train passed, the maximum noise level recorded was 97.4 decibels, which is within the Train Horn rule range of 96 dB(A) to 110 dB(A). The sound level recording conducted by Supervisor Alonzo is intended to give a general idea about the train generated sound level at this location. If more detailed and accurate information is desired, sound level readings conducted by a person trained in sound level measurement and using a device that meets American National Standards Institute (ANSI) specifications is recommended.
Current Train Horn Standards and Compliance. The Train Horn Rule was most recently updated and published by the Federal Rail Administration in 2005 (the summary is provided as Attachment A to this Report). The Rule prescribes when, where and how the horn is sounded at highway-rail crossings (and private crossings within "quiet zones"), including a minimum 96 dB(A)
5 , and maximum 110 dB(A) decibel
or loudness of the horn.
The rule referenced here addresses use of the horn only with respect to highway-rail grade crossings. Railroads remain free to use the horn for other purposes as prescribed in railroad operating rules on file with FRA, and railroads must use the horn as specified in other FRA regulations (in support of roadway worker safety and in the case of malfunctions of highway-rail grade crossing active warning devices).
The City's General Plan (Figure N-3, page 175) identifies that average noise level exposure from about 67 to 75 Ldn or dBA is Normally Unacceptable while average noise level exposure over about 72 Ldn or dBA is Clearly Unacceptable. Environmental analysis completed as a part of the development permit review for the Tomol Interpretive Play Area concluded that the project would not result in exposure of people to sound levels in excess of the City's standards.
Options. The following options available have been identified for the City to address the concern about the loudness of the train horn near the Tomol Interpretive Play Area; directing staff to work with Amtrak and UPRR to ensure that train horns are operated within the allowable decibel levels, providing informational signage to adult users of the Play Area; decrease noise by installing wayside horns or establishing a Quite Zone. 4 The recording was taken from a central position along the path in the playground that is directly adjacent the railroad corridor. The path is just over 50 feet distance the track at its nearest point. The recording was taken on an iPhone using the NIOSH Sound Level Meter App. 5 A-weighted decibel (dBA or dB(A)) is an expression of the relative loudness of sounds as perceived by the human ear. A-weighting gives more value to frequencies in the middle of human hearing and less value to frequencies at the edges as compared to a flat audio decibel measurement. \GDrive\Olivia\Other\RailRoad\Staff Report - Train Horn Noise --;
Train Horn Noise
September 12, 2022
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1. Ensure that Amtrak and UPRR train horns are being operated within the maximum allowable decibel level.
A request can be made to Amtrak and the UPPR that they provide documentation as necessary to confirm that locomotives used in Carpinteria are operating within the prescribed standards for train horns. If it is determined that a locomotive(s) is being operated in a manner that is out of compliance, the City may seek to ensure changes are made as necessary to gain compliance.
2. Inform and Educate.
While being near to train tracks represents an obvious risk of being exposed to train horns, the City may elect to provide advisory signs to the public about train horn noise.
Below is an image of the current sign at the Play Area and the City could modify the sign to include a warning about the Play Area being a sudden loud noise exposure area, consider protection from approaching trains and providing a reference website.
Welcome
Tomol Interpretive Play Are
For Your Safety
Alcohol, foes, smoking, littering, sk.-itebo;irc\ing,
bicycles ;inc\ qlass containers are prohibited.
All dog, must be on <1 leash, Courteous dog
owners obey the law and pick up aFter their dogs.
This area is closed (torn sunset to 7 AM c\aily
\GDrive\Olivia\Other\RailRoad\Staff Report - Train Horn Noise Train Horn Noise
September 12, 2022
3. Wayside Horn
Another option to reduce noise is for stationary wayside horns (consistent with federal and state standards) to be installed at each crossing and sounded as a replacement of train mounted horns. Mounted at street level and aimed towards each approaching street, wayside horns have lower volume and reduced range compared to train mounted horns, but they would still be sounded at all times of the day for all trains. The sound is directed down the roadway, which greatly reduces the noise footprint of the audible warning. The installation of wayside horns and the associated train detection system can cost up to $500,000 at each crossing. Wayside Horns have been established in the City of San Mateo.
The steps to implement a Wayside Horn include:
1. An application for approval by the California Public Utilities Commission
2. Scheduling a Diagnostics Meeting on site with representatives from United Pacific Rail Road (UPRR), the Federal Railroad Administration FRA and the California Public Utilities Commission (CPUC) from the Rail Crossings and Engineering Branch - Rail Safety Division.
4. Quiet Zone
Quiet Zones can result in the prohibition of routine train horn sounding at crossings where myriad enhanced rail crossing safety components are installed in compliance with federal standards and in collaboration with UPRR and various regulatory agencies.
Per the Guide to the Quiet Zone Establishment Process published by the Federal Rail Administration, a Quiet Zone is a section of a rail line at least one-half mile in length that contains one or more consecutive public highway-rail grade crossings at which locomotive horns are not routinely sounded when trains are approaching the crossings.
The prohibited use of train horns at Quite Zones only applies to trains when approaching and entering crossings and does not include train horn use within passenger stations or rail yards.
The section of rail line that includes the crossings at Palm and Linden Avenues could qualify for consideration of a Quiet Zone; however, the exemption for sounding the horn at passenger stations within a Quiet Zone could significantly undermine the benefit at this location since there exists an Amtrak station just west of the Linden crossing. Train horns may also be sounded in emergency situations or to comply with other railroad or FRA rules even within a quite zone. Quiet zone regulations also do not eliminate the use of locomotive bells at crossings.
The steps to establish a quiet zone include:
1. Determining which crossings will be included in the quiet zone.
2. Identifying any private highway rail grade crossings within the proposed quiet zone.
\GDrive\Olivia\Other\RailRoad\Staff Report - Train Horn Noise ~
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Train Horn Noise
September 12, 2022
3. Identifying any pedestrian crossinqs within the proposed quiet zone and conduct diagnostic review of those crossings. (FRA strongly recommends that all crossings in the quiet zone be reviewed by a diagnostic team consisting of a representative from the public authority, railroad, and State agency responsible for crossing safety and FRA grade crossing managers.)
4. Updating the U.S. DOT Crossing Inventory Form to reflect current physical and operating conditions at each public, private and pedestrian crossing located within a proposed Quiet Zone.
5. Providing a Notice of Intent (NOi) to all the railroads that operate over crossings in the proposed quiet zone, the State agency responsible for highway safety and the State agency responsible for crossing safety.
6. Applying for the use of Alternative Safety Measures.
7. Determining how the quiet zone will be established using one of the criteria listed above.
8. Completing the installations of SSMs and ASMs and any other required improvements.
9. Ensuring that the required signage at each public, private and pedestrian crossing is installed in accordance with relevant Codes of Federal Regulations and the standards outlined in the Manual on Uniform Traffic Control Devices.
10. Establish the quiet zone by providing a Notice of Quiet Zone Establishment to all of the parties listed in the relevant Codes of Federal Regulations.
While not listed as a required item, a robust public engagement process in addition to step number 5, NOi can be considered.
A Quiet Zone has been established in the City of Placentia in Orange County. Few of these Quiet Zones have been established in the nation.
Currently addressing the horn noise levels is not an identified item within the 2021-2022 Work Plan and therefore has no resources of staff time allocated to it.
POLICY CONSISTENCY
Noise is an important public health, property value, business and quality of life issue.
State law, Government Code Section 65302(f), requires the preparation of a noise element in city General Plans that identifies and appraises potential noise conflicts in the community. Noise sources analyzed in Carpinteria's General Plan include the freeway, major roads, the railroad, and industrial and agricultural stationary sources.
The General Plan also provides guidance on compatibility of land use types, including playgrounds, and average noise levels.
Policies include:
\GDrive\Olivia\Other\RailRoad\Staff Report - Train Horn Noise Train Horn Noise
September 12, 2022
Objective N-2: The City will minimize the noise impacts of the railroad on residential and other sensitive land uses.
Policy N-2a. The City will plan noise-compatible land uses near the Union Pacific Railroad.
Policy N-2b. The City will work with railroad operators to install noise mitigation features where operations adversely affect existing adjacent residential or other noise-sensitive uses.
FINANCIAL CONSIDERATIONS
Should the City Council direct work on Option 1 or 2, costs would be nominal, involving primarily staff time. Options 3 or 4 would be significant, involving capital projects. Per the Federal Railroad Administration Highway-Rail Crossing and Trespasser Program Division, establishing a Quiet Zone (as discussed in Option 4, above) that require either Supplementary Safety Measures (SSM) and/or Alternative Safety Measures (ASM) can cost from $30,000 per crossing to more than $1 million depending on the number and types of safety improvements required. The installation of wayside horns and the associated train detection system can cost up to $500,000 at each crossing.
LEGAL AND RISK MANAGEMENT CONSIDERATIONS
Should the Council determine to select one of the action Options included in this Report, analysis of the City Attorney's Office may be warranted. As a part of the preparation of this Report, staff consulted with a representative of the California Joint Powers Insurance Authority.
The Quiet Zone program described in Option 4 above, requires cities to take on certain liabilities associated with the modified rail crossing systems. These systems have been established in some Orange County cities that are members of the California Joint Powers Insurance Authority (CJPIA). In response, CJPIA has developed a liability insurance coverage program that some members participate in and which, should the Council determine to further explore the Quiet Zone option, the City could request additional information about.
OPTIONS
City Council has the following options to address the concern about the loudness of the train whistle inside City Limits:
1. Direct staff to work with Amtrak and UPRR ensure that train horn noise levels are operated within the allowable decibel standards and if not, to work toward compliance.
2. Direct staff to provide informational signage to adult users of the Play Area. \GDrive\Olivia\Other\RailRoad\Staff Report - Train Horn Noise Train Horn Noise
September 12, 2022
3. Direct staff to work with UPRR to decrease noise by i11slc1lli11y wayside llu, 11s or
4. Direct staff to work with UPRR to decrease noise by establishing a Quite Zone within the City Limits of Carpinteria.
7 ATTACHMENTS
A. FRA Train Horn Final Rule
B. Tomol Interpretive Play Area Environmental Study Excerpt Staff contact: Olivia Uribe Muta!
(805) 755-4401, [email protected]
Reviewed by: Dave Durflinger, City Manager
(805) 755-4400, [email protected]
\GDrive\Olivia\Other\RailRoad\Staff Report - Train Horn Noise
ATTACHMENT A
THE "TRAIN HORN" FINAL RULE
Summary
1. Overview:
• The Final Rule on Use of Locomotive Homs at Highway-Rail Grade Crossings, published in the Federal Register on April 27, 2005, is intended to:
~ Maintain a high level of public safety;
~ Respond to the varied concerns of many communities that have sought relief from unwanted horn noise; and
~ Take into consideration the interests of localities with existing whistle bans. • Currently, state laws and railroad operating rules govern use of the horn at highway-rail grade crossings. When this rule takes effect, it will determine when the horn is sounded at public crossings (and private crossings within "quiet zones"). • This Final Rule was mandated by law', and was issued by the Federal Railroad Administration (FRA) after consideration of almost 1,400 public comments on the Interim Final Rule (IFR) (68 FR 70586) published December 18, 2003. • Consistent with the statutory mandate requiring its issuance, the rule requires that locomotive horns be sounded at public highway-rail grade crossings, but provides several exceptions to that requirement. 2
• Local public authorities may designate or request approval of, quiet zones in which train horns may not be routinely sounded. The details for establishment of quiet zones differ depending on the type of quiet zone to be created (Pre-Rule or New) and the type of safety improvements implemented (ifrequired).
• Homs may continue to be silenced at Pre-Rule Quiet Zones, provided certain actions are taken.
• Intermediate Quiet Zones (whistle bans that were implemented after October 9, 1996 but before December 18, 2003) may continue to have the horns silenced for one year (until June 24, 2006), provided certain actions are taken. After which time they must comply with the provisions for a New Quiet Zone if the horns are to remain silent. 149 U.S.C. 20153.
Disclaimer: This is a summary of the Final Rule for initial briefing purposes only. Entities subject to the rule should refer to the rule text as published in the Federal Register on April 27, 2005. • The rule goes into effect on June 24, 2005.
• Pre-Rule Quiet Zones in the six county Chicago region are excepted from the provisions of this rule pending further evaluation of the data.
2. Requirement to sound the locomotive horn:
• Outside of quiet zones, railroads must sound the horn 15-20 seconds prior to a train's arrival at the highway-rail grade crossing, but not more than 1/4 mile in advance of the crossmg.
Note: Most State laws and railroad rules currently require that the horn be sounded beginning at a point 1/4 mile in advance of the highway-rail grade crossing and continued until the crossing is occupied by the locomotive. Under the rule, for trains running at less than 45 mph, this will reduce the time and distance over which the horn is sounded. This will reduce noise impacts on local communities. • The pattern for sounding the horn will remain, as it currently exists today (two long, one short, one long repeated or prolonged until the locomotive occupies the highway-rail grade crossing).
• Locomotive engineers may vary this pattern as necessary where highway-rail grade crossings are closely spaced; and they will also be empowered (but not required) to sound the horn in the case of an emergency, even in a quiet zone. • The rule addresses use of the horn only with respect to highway-rail grade crossings .
Railroads remain free to use the horn for other purposes as prescribed in railroad operating rules on file with FRA, and railroads must use the horn as specified in other FRA regulations (in support of roadway worker safety and in the case of malfunctions of highway-rail grade crossing active warning devices).
• The rule prescribes both a minimum and maximum volume level for the train horn. The minimum level is retained at 96 dB(A), and the new maximum will be 110 dB(A). This range will permit railroads to address safety needs in their operating territory (see discussion in the preamble).
• The protocol for testing the locomotive horn will be altered to place the sound-level meter at a height of 15 feet above top of rail, rather than the current 4 feet above the top of the rail. Cab-mounted and low-mounted horns will continue to have the sound-level meter placed 4 feet above the top of the rail.
Note: The effect of this change will be to permit center-mounted horns to be "turned down" in some cases. The previous test method was influenced by the "shadow Disclaimer: This is a summary of the Final Rule for initial briefing purposes only. Entities subject to the rule should refer to the rule text as published in the Federal Register on April 27, 2005. effect" created by the body of the locomotive to indicate a lower sound level than would otherwise be expected several hundred feet in front of the locomotive (where the crossing and approaching motorists are located). • The effect of these changes will reduce noise impacts for 3.4 million of the 9.3 million people currently affected by train horn noise.
3. Creation of quiet zones:
• The rule provides significant flexibility to communities to create quiet zones, both where there are existing whistle bans and in other communities that heretofore have had no opportunity to do so.
• The Final Rule permits implementation of quiet zones in low-risk locales without requiring the addition of safety improvements.
✓ This concept utilizes a risk index approach that estimates expected safety outcomes (that is, the likelihood of a fatal or non-fatal casualty resulting from a collision at a highway-rail crossing).
✓ Risk may be averaged over crossings in a proposed quiet zone. ✓ Average risk within the proposed quiet zone is then compared with the average nationwide risk at gated crossings where the horn is sounded (the "National Significant Risk Threshold" or "NSRT"). FRA will compute the NSR T annually.
The effect of this approach is that horns can remain silenced in over half of Pre-Rule Quiet Zones without significant expense; and many New Quiet Zones can be created without significant expense where flashing lights and gates are already in place at the highway-rail grade crossings.
• If the risk index for a proposed New Quiet Zone exceeds the NSRT, then supplementary or alternative safety measures must be used to reduce that risk (to fully compensate for the absence of the train horn or to reduce risk below the NSRT). • The Final Rule-
✓ Retains engineering solutions known as "supplementary safety measures" for use without FRA approval.
✓ Retains explicit flexibility for the modification of "supplementary safety measures" to receive credit as "alternative safety measures." For instance, Disclaimer: This is a summary of the Final Rule for initial briefing purposes only. Entities subject to the rule should refer to the rule text as published in the Federal Register on April 27, 2005. shorter traffic channelization arrangements can be used with reasonable effectiveness estimates
✓ Adds a provision that provides risk reduction credit for pre-existing SSMs and pre-existing modified SSMs that were implemented prior to December 18, 2003.
✓ Continues education and enforcement options, including photo enforcement, subject to verification of effectiveness.
3 • The public authority responsible for traffic control or law enforcement at the highway-rail grade crossing is the only entity that can designate or apply for quiet zone status. • FRA will provide a web-based tool for communities to use in performing "what if' calculations and preparing submissions necessary to create or retain quiet zones. The tool may be found at http://www.fra.dot.gov.
• In order to ensure proper application of the risk index, the National Highway-Rail Crossing Inventory must be accurate and complete. In the absence of timely filings to the Inventory by the States or Railroads, local authorities may file updated inventory information, and railroads must cooperate in providing railroad-specific data. • FRA regional personnel will be available to participate in diagnostic teams evaluating options for quiet zones.
• Once a quiet zone is established (including the continuation of Pre-Rule or Intermediate Quiet Zones pending any required improvements), the railroad is barred from routine sounding of the horn at the affected highway-rail grade crossings. • See below for discussion of Pre-Rule Quiet Zones and New Quiet Zones. 3 The rule neither approves nor excludes the possibility ofrelying upon regional education and enforcement programs with alternative verification strategies. FRA is providing funding in support of an Illinois Commerce Commission-sponsored regional program. The law provides authority for use of new techniques when they have been demonstrated to be effective.
Disclaimer: This is a summary of the Final Rule for initial briefing purposes only. Entities subject to the rule should refer to the rule text as published in the Federal Register on April 27, 2005.
Horns may continue to be silenced at Pre-Rule Quiet Zones ifQ The average risk at the crossings is less than the NSRT; or Q The average risk is less than twice the NSRT and no relevant collisions have occurred within the past 5 years; or
Q The community undertakes actions to compensate for lack of the train horn as a warning device (or at least to reduce average risk to below the NSRT).
Train horns will not sound in existing whistle ban areas if authorities state their intention to maintain "Pre-Rule Quiet Zones" and do whatever is required (see above) within 5 years of the effective date (June 24, 2005) (8 years if the State agency provides at least some assistance to communities in that State).
A "Pre-Rule Quiet Zone" is a quiet zone that contains one or more consecutive grade crossings subject to a whistle ban that has been actively enforced or observed as of October 9, 1996 and December 18, 2003.
To secure Pre-Rule Quiet Zone status, communities must provide proper notification to FRA and other affected parties by June 3, 2005 and file a plan with FRA by June 24, 2008 (if improvements are required).
Disclaimer: This is a summary of the Final Rule for initial briefing purposes only. Entities subject to the rule should refer to the rule text as published in the Federal Register on April 27, 2005.
New Quiel Zones may be created ifAll public highway-rail grade crossings are equipped with flashing lights and gates; and either-
✓ After adjusting for excess risk created by silencing the train horn, the average risk at the crossings is less than the NSRT; or ✓ Supplemental Safety Measures are present at each public crossing; or ✓ Safety improvements are made that compensate for loss of the train horn as a warning device (or at least to reduce average risk to below the NSRT).
Detailed instructions for establishing or requesting recognition of a quiet zone are provided in the regulation.
4. Length of quiet zones:
• Generally, a quiet zone must be at least½ mile in length and may include one or more highway-rail grade crossings.
• Pre-Rule Quiet Zones may be retained at the length that existed as of October 9, 1996, even if less than ½ mile. A Pre-Rule Quiet Zone that is greater than ½ mile may be reduced in length to no less than ½ mile and retain its pre-rule status. However, if its length is increased from pre-rule length by the addition of highway-rail grade crossings that are not pre-rule quiet zone crossings, pre-rule status will not be retained.
5. Supplementary and alternative safety measures:
• Supplementary safely measures are engineering improvements that clearly compensate for the absence of the train horn. If employed at every highway-rail grade crossing in the quiet zone, they automatically qualify the quiet zone (subject to reporting requirements).
They also may be used to reduce the average risk in the corridor in order to fully compensate for the lack of a train or to below the NSRT. ✓ Temporary closure used with a partial zone;
✓ Permanent closure of a highway-rail grade crossing;
✓ Four-quadrant gates;
Disclaimer: This is a summary of the Final Rule for initial briefing purposes only. Entities subject to the rule should refer to the rule text as published in the Federal Register on April 27, 2005. ✓ Gates with traffic channelization arrangements (i.e., non-mountable curb or mountable curb with delineators) at least 100 feet in length on each side the crossing (60 ft. where there is an intersecting roadway); ✓ One-way Street with gate across the roadway.
• Alternative safety measures may be applied such that the combination of measures at one or more highway-rail grade crossings reduces the average risk by the required amount across the quiet zone (so-called "corridor approach").
✓ Any modified supplementary safety measure (e.g., barrier gate and median; shorter channelization); or
✓ Education and/or enforcement programs (including photo enforcement) with verification of effectiveness; or
✓ Engineering improvements, other than modified SSMs; or ✓ Combination of the above.
• The rule provides that pre-existing SSMs and pre-existing modified SSMs will be counted towards risk reduction.
6. Recognition of the automated wayside horn:
• The rule authorizes use of the automated wayside horn at any highway-rail grade crossing with flashing lights and gates (inside or outside a quiet zone) as a one-to-one substitute for the train horn.
• Certain technical requirements apply, consistent with the successful demonstrations of this technology.
• The Federal Highway Administration (FHW A) has issued an interim approval for the use of wayside horns as traffic control devices. Communities interested in employing this option should contact FHW A to ensure that they comply with the provisions of the interim approval.
7. Special circumstances:
• A community or railroad that views the provisions of the rule inapplicable to local circumstances may request a waiver from the rule from FRA. • A railroad or community seeking a waiver must first consult with the other party and seek agreement on the form of relief. If agreement cannot be achieved the party may still request the relief by a waiver, provided the FRA Associate Administrator determines that a joint waiver petition would not be likely to contribute significantly to public safety.
Disclaimer: This is a summary of the Final Rule for initial briefing purposes only. Entities subject to the rule should refer to the rule text as published in the Federal Register on April 27, 2005. • FRA grants waivers if in the public interest and consistent with the safety of highway and railroad users of the highway-rail e;rnrle crossings.
8. Summary of major changes to the Interim Final Rule
• The final rule provides a one-year grace period to comply with New Quiet Zone standards for communities with pre-existing whistle bans that were in effect on December 18, 2003, but were adopted after October 9, 1996. These communities are considered "Intermediate" Quiet Zones under the final rule.
• The final rule addresses quiet zones that prohibit sounding of horns during the evening and/or nighttime hours. These are referred to as Partial Quiet Zones. • The final rule requires diagnostic team reviews of pedestrian crossings that are located within proposed New Quiet Zones and New Partial Quiet Zones. • The final rule requires quiet zone communities to retain automatic bells at public highway-rail grade crossings that are subject to pedestrian traffic. • The final rule extends "recognized State agency" status to State agencies that wish to participate in the quiet zone development process.
• The final rule contains a 60-day comment period on quiet zone applications. • The final rule requires public authorities to provide notification of their intent to create a New Quiet Zone. During the 60-day period after the Notice oflntent is mailed, comments may be submitted to the public authority.
• The final rule provides quiet zone risk reduction credit for certain pre-existing SSMs. • The final rule provides quiet zone risk reduction credit for pre-existing modified SSMs. • The final rule contains a new category of ASMs that addresses engineering improvements other than modified SSMs.
Additional information, including the full text of the Final Rule, the Final Environmental Impact Statement, and background documents, are available at http://www.fra.dot.gov.
Disclaimer: This is a summary of the Final Rule for initial briefing purposes only. Entities subject to the rule should refer to the rule text as published in the Federal Register on April 27, 2005.
ATTACHMENT B
X. MINERAL RESOURCES.
ENVIRONMENTAL SETTING
Oil is the only mineral resource known in the Carpinteria Area in significant quantities. At this time, oil mining and extraction activities are limited to offshore drilling and extraction platforms, onshore~! storage facilities, a crew boat base, product transportation terminal and an oil and natural gas processing plant. No other mineral resources are known to exist in the Project site
POTENTIALLY
SIGNIFICANT
IMPACT
WOULD THE PROJECT:
a) Result in the loss of availability of a known D
mineral resource that is or would be of value to
the region and the residents of the state?
b) Result in the loss of availability of a locally D
important mineral resource recovery site
delineated on a local general plan, specific plan,
or other land use plan?
DISCUSSION
a-b) There are no identified mineral resources or mineral recovery s·t s within the Project vicinity. Because the Project site area is in a public park area, the Proje would not result in the loss of available mineral resources or a mineral recovery site. No lmpa
LESS THAN
SIGNIFICANT LESS THAN
WITH SIGNIFICANT NO
MITIGATION IMPACT IMPACT
□ □
□ □
---):>- XI. NOISE.
ENVIRONMENTAL SETTING
Noise level (or volume) is generally measured in decibels (dB) using the A-weighted sound pressure level (dBA). The A-weighting scale is an adjustment of actual sound power levels to better correlate with the human hearing response, which is most sensitive to frequencies around 4,000 Hertz (about the highest note on a piano) and less sensitive to low frequencies (below 100 Hertz). In addition to the actual instantaneous measurement of sound levels, the duration of sound is important since sounds that occur over a long period of time are more likely to be an annoyance or cause direct physical damage or environmental stress.
Some land uses are considered more sensitive to noise levels than others, due to the amount of noise exposure (in terms of both exposure time and insulation from noise) and the types of activities typically involved. Residences, motels and hotels, schools, libraries, churches, hospitals, nursing homes, auditoriums, parks and outdoor recreation areas are generally considered more sensitive to noise than are commercial and industrial land uses. Sensitive receptors in the Project area include the campgrounds and parkland to the south of the Project site.
Interpretive Play Area/Bioswale/Palm-Linden Trail Project Carpinteria State Beach
Department of Parks and Recreation
56 Noise Standards. The City of Carpinteria prohibits unnecessary, excessive, and annoying noises from all sources, be it noise associated with short-term construction activities or longterm use of land. The 2003 Carpinteria General Plan identifies 55 dBA CNEL as the maximum "normally acceptable" for residences and areas with ambient noise levels between 55 dBA and 70 dBA as "conditionally acceptable" for residential uses. In general, if the proposed use would cause exterior noise levels exceeding 65 dBA CNEL, a significant effect would be determined.
LESS THAN
POTENTIALLY SIGNIFICANT LESS THAN
SIGNIFICANT WITH SIGNIFICANT NO
IMPACT MITIGATION IMPACT IMPACT
WOULD THE PROJECT:
a) Generate or expose people to noise levels in excess □ □ □ of standards established in a local general plan or
noise ordinance, or in other applicable local, state,
or federal standards?
b) Generate or expose people to excessive groundborne □ □ □ ~ vibrations or groundborne noise levels?
c) Create a substantial permanent increase in ambient □ □ □ ~ noise levels in the vicinity of the Project (above
levels without the Project)?
d) Create a substantial temporary or periodic increase □ □ □ in ambient noise levels in the vicinity of the Project, in excess of noise levels existing without the
Project?
e) Be located within an airport land use plan or, where □ □ □ such a plan has not been adopted, within two miles
of a public airport or public use airport? If so,
would the Project expose people residing or working
in the Project area to excessive noise levels?
f) Be in the vicinity of a private airstrip? If so, would the □ □ □ Project expose people residing or working in the Project area to excessive noise levels?
DISCUSSION
a-c) The Project may include noise generation from children playing in the play area and from park maintenance activities. These noises are infrequent and periodic and would not trigger any thresholds of significance. Because only pathway lighting is proposed as a part of the Project, no significant noise generation is anticipated before sunrise or after dark when the playground is closed. No Impact.
d) Construction noise would be short term in nature and construction hours and days would be limited to existing City standards. As a result, no long term impacts to noise would result. Short term impacts would be mitigated by standard conditions which dictate hours of construction activities. No Impact.
Interpretive Play Area/Bioswale/Palm-Linden Trail Project Carpinteria State Beach
Department of Parks and Recreation
57