Carpinteria City Council
December 19, 2022

City of Carpinteria
Special Joint City Council, Planning Commission and
Architectural Review Board Meeting Agenda
Monday, December 19, 2022
Council Chamber, 5775 Carpinteria Avenue
5:30 p.m.

In-Person and Virtual Participation Options
Attendance/Viewing Options:
• Attend the in-person meeting in City Council Chambers at City Hall (5775 Carpinteria Ave.).
• View the meeting live through the City’s website (https://carpinteria.ca.us/cityhall/agendas-meetings) on your computer, tablet or smartphone. • View the meeting on Government Access Television Channel 21 (broadcast live and rebroadcast on the Wednesday and the Saturday following the meeting at 8:00 p.m. and 5:00 p.m., respectively).
• Call 669-900-9128 (and enter Webinar ID 849 5178 9727) to listen to the meeting on your phone.
• Join the City’s Zoom webinar from your computer, tablet, or smartphone by CLICKING HERE. Alternatively, you can join the Zoom webinar by logging on to www.zoom.us, downloading the application, selecting "Join Meeting", and entering Webinar ID 849 5178 9727.

Public Comments
• Provide a live public comment during the in-person meeting in City Council Chambers at City Hall (5775 Carpinteria Ave.). Please note the City has the discretion to limit both the overall and individual speaker time for any meeting or agenda matter. Typically, the Council’s practice has been to limit each speaker to three minutes.
• Provide a live comment through the City’s Zoom webinar platform (through the link provided above). To make public comments through this platform please use the “raise your hand” feature to notify staff that you would like to make a public comment during designated public comment times. Once it is your turn to provide a public comment, staff will unmute your microphone and you will be given a designated amount of time to provide your comment (typically, the practice has been up to 3 minutes per speaker on each item). At the end of your comment, staff will once again mute your microphone.
• Submit a written comment (as either a general public comment or on a specific agenda item) to be distributed to Council Members by 12:00 P.M. on the day of Special Joint City Council, Planning Commission
and Architectural Review Board Meeting Agenda
December 19, 2022

the meeting by either submitting your comment via (1) email to [email protected], or (2) the eComment link on the City's agenda website (https://carpinteria.ca.us/city-hall/agendas-meetings). Please reference the agenda item to which your comment pertains.

Please note that the City will make every effort to make the meeting accessible virtually; however, if one of the above virtual attendance/viewing or public comment options is unavailable due to technological issues, you are invited to take advantage of one of the other participation options outlined above (including attending and providing public comment in-person in the City Council Chambers). Additional options may be made available at the meeting.

Also, please note that Spanish interpretation will be available at the in-person meeting (but will not be available through the City’s Zoom webinar).

CALL TO ORDER

ROLL CALL

PLEDGE OF ALLEGIANCE

CITY COUNCIL BUSINESS
The City Council, Planning Commission and Architectural Review Board will meet to discuss the following subject matter:

Conceptual review of a mixed-use commercial/residential development on a 0.87-acre lot located in the City’s Downtown Core at 4745 Carpinteria Avenue (APN 003-251-021).

Project No. 22-2193-CON.

Recommendation: Receive public comment and provide conceptual review and comments on the subject mixed use development proposal.

Staff presenter: Nick Bobroff, Principal Planner
a. Staff presentation
b. Public comment
c. Discussion

PUBLIC COMMENT WILL BE HEARD CONCERNING ONLY THE AGENDIZED ITEM

FOR THIS SPECIAL MEETING

ADJOURNMENT
Special Joint City Council, Planning Commission
and Architectural Review Board Meeting Agenda
December 19, 2022

In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk's Office at 755-4403 or the California Relay Service at (866) 735-2929. Notification two business days prior to the meeting will enable the City to make reasonable arrangements for accessibility to this meeting.

Materials related to an agenda item submitted to the City Council after distribution of the agenda packet are available for public review at the City Clerk's Office.

This agenda was posted on Thursday, December 15, 2022, in the City Clerk's Office, on the City Hall Public Notices Window, and on the Internet.

City of Carpinteria

SPECIAL JOINT CITY COUNCIL / PLANNING COMMISSION / ARCHITECTURAL

REVIEW BOARD AGENDA STAFF REPORT
December 19, 2022

ITEM FOR COUNCIL/COMMISSION CONSIDERATION
Conceptual review of a mixed use commercial/residential development on a 0.87-acre lot located in the City’s Downtown Core at 4745 Carpinteria Avenue (APN 003-251- 021). Project No. 22-2193-CON.

STAFF RECOMMENDATION
Receive public comment and provide conceptual review and comments on the subject mixed use development proposal.

PROJECT DESCRIPTION
This is a conceptual proposal to redevelop the property at 4745 Carpinteria Avenue (currently occupied by Sun Coast Rentals) into a new three-story mixed use (commercial/residential) development. The proposed mixed use development would be comprised of a 24-unit 26,400 square foot two-story apartment complex built atop a ground-level 22,500 square foot concrete parking podium, and a 6,000 square foot twostory commercial building fronting Carpinteria Avenue. All existing site improvements would be removed to facilitate the proposed development. Cumulative square footage for the proposed project would total approximately 54,900 square feet. Maximum building height to the top of the proposed three-story element would be approximately 36 feet.

The contemplated two-level, 24-unit apartment building would be comprised of 13 onebedroom units and 11 two-bedroom units. The lower level of the apartment complex would house 15 units total, each of which would be approximately 960 square feet in size. The upper level of the apartment complex would be occupied by the remaining nine units. Four of the units on the upper level would be 960 square feet each in size.

The remaining units on this upper level would be larger in size at 1,632 square feet.

The proposed two-story commercial building would be located along the property’s Carpinteria Avenue frontage. It would contain a ground level commercial space of 3,800 4745 Carpinteria Ave Mixed Use Concept Review
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square feet and an upper level commercial space of 2,200 square feet with a 650 square foot patio.

The ground-level covered parking podium would provide a total of 59 parking spaces onsite to serve both the proposed commercial and residential elements of the project.

Private storage, trash enclosures, and utility/mechanical closets would be provided within the covered parking podium area. Vehicular access to the parking would be provided from a “primary” driveway on Carpinteria Avenue and a “secondary” driveway entrance from Ninth Street, at the rear of the project site. An additional 10 “head-in” spaces are proposed to be provided in the Ninth Street right-of-way for public on-street parking as part of contemplated frontage improvements.

Open space and landscaping for the project would be provided along the west side of the property within the required 50-foot setback buffer from the adjacent Franklin Creek channel. Spaces for ornamental landscaping would also be provided along the project’s two street frontages and along the interior side property line. Additional open space areas for the use of apartment residents would be provided in a centralized courtyard space on the lower level of the apartment building and in several “rooftop” deck spaces on the upper level of the apartment building.

Density Bonus
The contemplated concept calls for utilizing the state’s Density Bonus Law (Gov. Code §§ 65915-65918) (Density Bonus Law) to allow for the inclusion of additional dwelling units beyond what the City’s maximum density would allow for under the current zoning designation in exchange for designating a certain number of the apartment units as income-restricted rentals. More specifically, the project calls for setting aside 10 units for households that fall within the moderate-income level (80% to 120% of the area median income (AMI)) in exchange for a density bonus for six additional units. These additional granted units and moderate-income restricted units are included the project figures described above.

Pursuant to Density Bonus Law, the concept proposal also requests the use of incentives or concessions from the local jurisdiction’s development standards in order to facilitate the construction of the project and/or to accommodate the increased density. In this case, the project proposes to utilize three incentives or concessions to: 1.) Reduce required parking; 2.) Allow for increased building height beyond the maximum allowed by the City; and 3.) Allow for building lot coverage in excess of City zoning requirements for the Planned Residential Development (“PRD-13”) zoned portion of the property.

A more detailed description of the Density Bonus Law, its applicability to this project, and an analysis of the project’s consistency with it is provided later in this report.

A copy of the proposed concept plans, streetscape vignettes and inspirational images are provided as Attachment A.
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BACKGROUND
Purpose of Concept Review
The purpose of the conceptual review process is to allow an applicant to submit tentative plans in order to receive advisory comments and suggestions from the City’s decision makers. These advisory comments shall constitute a conceptual review only. A conceptual review and recommendation are not binding upon the Planning Commission or City Council as to any further determinations to be made with respect to the project.

The City decision makers shall be wholly free to render a different determination and/or decision upon formal review of the project. Since only limited information regarding the project is provided at this time, the analysis in this report is preliminary and tentative.

Upon completion of the conceptual review process, the next step for the applicant would be to submit a formal application for the project. Once the City has deemed the application complete, environmental review pursuant to the California Environmental Quality Act (“CEQA”) would be conducted, followed by formal review by the Architectural Review Board and Planning Commission, appealable to the City Council.

Project Setting
The 0.87-acre (38,053 square feet) site is located at the western edge of the City’s downtown core on Carpinteria Avenue. The project site is defined as a “through lot” with street frontages along both Carpinteria Avenue (to the front) and Ninth Street (to the rear). The project site is bordered by the Franklin Creek channel along its western boundary. To the east, the project site is adjacent a commercial property (Pacific Auto Body) along the Carpinteria Avenue frontage, and a multi-family apartment complex (4760 Ninth Street) along the Ninth Street frontage. To the north, across Carpinteria Avenue from the subject property sits a pair of smaller multi-family residential developments, and the entrance to the “All Around Irrigation” commercial property. To the south, across Ninth Street sits half of the Arbor Trailer Park development and a two-unit apartment development (4751/4755 Ninth Street).

Presently, the project site is occupied and used by “Sun Coast Rentals” as an equipment rental business and storage yard. A small 850 square foot commercial building and approximately 650 square feet of outbuildings are located near the northeast corner of the property, nearest the driveway entrance on Carpinteria Avenue. The remainder of the site is used for open storage of equipment, machinery and vehicle parking.

The project site has a somewhat complicated mix of land use and zoning designations:

The site is split-designated Visitor-serving Commercial (“VC”) and General Commercial (“GC”) on the City’s General Plan/Coastal Plan Land Use Map (see Figure 1, below), 4745 Carpinteria Ave Mixed Use Concept Review
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with the VC designated approximately one-third of the property located along the Carpinteria Avenue frontage and the remaining GC-designated portion of the property located on the remaining southerly two-thirds of the property. The property is identified in the Community Design Element of the General Plan/Coastal Land Use Plan as being located within Community Design Subarea 2a: the Downtown Core District.

Figure 1. Land Use Designations Figure 2. Zoning Designations The property is also split-zoned: the majority (approximately eighty percent) of the property is zoned Commercial Planned Development (“CPD”), however the southeastern corner of the property along Ninth Street and adjacent a multi-family residential development is zoned Planned Residential Development (“PRD-13”) (see Figure 2, above). The property is also subject to the following overlay districts: 1.) Visitor-serving Commercial (“V”) Overlay for the portion of the property designated VC on the land use map; 2.) Flood Hazard (“FH”) Overlay due to the property’s location within the 100-year floodplain (zone AE) according to current FEMA flood insurance rate map (“FIRM”) for the area; and 3.) Coastal Appeals (“CA”) Overlay due to the property’s adjacency to Franklin Creek.

DISCUSSION
The following discussion provides an overview analysis of how the mixed use concept proposal conforms to applicable Carpinteria Municipal Code (“CMC”) and General Plan/Coastal Land Use Plan regulations and policies, and applicable state laws (e.g., density bonus).

Carpinteria Municipal Code, Title 14. Zoning
The subject property is split-zoned CPD and PRD-13, and is subject to the V, FH and CA overlay districts. Applicable zoning requirements and allowable uses for each the districts are discussed below:

The majority of the subject property (30,968 square feet) is zoned CPD. Permissible uses in the CPD zone district (CMC §14.20), subject to approval of a Development Plan and Coastal Development Permit by the Planning Commission, include a variety of office, retail, service, and wholesale businesses, as well as “dwelling units integrated 4745 Carpinteria Ave Mixed Use Concept Review
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into the overall commercial development” (i.e., mixed use developments). The contemplated project would place all of the commercial square footage and some of the residential component of the project within the portion of the property zoned CPD.

Accordingly, it appears the contemplated mixed use (commercial/residential) project could be found consistent with the types of uses permissible in this zone district.

The southeastern corner subject property, totaling approximately 7,085.5 square feet in area, is zoned PRD-13. Permissible uses in the PRD zone district (CMC §14.14), subject to approval of a Development Plan and Coastal Development Permit by the Planning Commission, include multifamily residential developments (such as apartment complexes). The proposed building within the PRD-13-zoned portion of the lot would include ground-level parking and two floors of residential apartments, above. Such uses would be consistent with the types of land uses permissible in this zone district.

The following table describes the conceptual proposal’s general conformance to the applicable CPD zone district (CMC § 14.20) and PRD-13 zone district (CMC §14.14) development standards.

Standard Requirement/Allowance Proposal
CPD Setbacks (min.)-
(CMC 14.20.090)
Front
(Carpinteria Ave)
Side (east)
Side (west)
Rear (Ninth Street)
35 feet from centerline of
street or 5 feet from
property line, whichever is
greater.
0 feet from property line
50 feet min. from top of
creek bank
20 feet min. from
residentially-zoned
property lines
46 feet from centerline of street;
5 feet from property line.
5 feet from property line
50 feet from top of creek bank
5 feet from property line;
65 feet from a residentiallyzoned property line
PRD Setbacks (min.)-
(CMC 14.14.060)
Front (Ninth Street)
Side (east)
Side (west)
Rear
50 feet from centerline of
street or 20 feet from
property line, whichever is
greater
5 feet from property line
5 feet from property line
15 feet from property line
50 feet from centerline; 20 feet
from property line
5 feet
N/A
N/A
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Distance Between BuildingsPRD (CMC 14.14.070) Min. ½ sum of building heights
N/A
Building CoveragePRD (CMC 14.14.080)50% max. (1,417 sq ft) ~77% (5,480 sq ft)* Building HeightCPD (CMC 14.20.100)
PRD (CMC 14.14.090)
30 feet max.
30 feet max.

Project Total:
36 feet max.*
Open Space & LandscapingCPD (CMC 14.20.060)
PRD (CMC 14.14.110)
5% min. to 20% max. as
established by Planning
Commission (1,548 sq ft –
6,194 sq ft)
20% min. common and/or
public open space (1,417
sq ft)
Project Total: To be determined.

Ground-level landscaping8,530 sq. ft. (~22.4%)
Upper-level courtyards & decks6,353 sq. ft. (~16.7%)
District Density CPD
PRD-13
(CMC 14.14.100)
20 dwelling units/acre max.
(14 units)
13 dwelling units/acre max.
(2 units)
Project Total: 16 units
Project Total: 24 units*
Parking (CMC 14.54.040) Commercial: 1 space per
250 sq ft (27 spaces)
Residential: 1-bedroom
units (1 covered space ea.)
(13 spaces)
2-bedroom units (2
covered spaces ea.) (22
spaces)
Visitor spaces (1 per 3
dwelling units) (8 spaces)
Project Total: 70 spaces
Project Total: 59 covered
spaces*
*See Density Bonus discussion, below
Zoning Overlay Districts
As previously noted, the project is subject to the Visitor-serving Commercial (V), Flood Hazard (FH) and Coastal Appeal (CA) Overlay districts. Projects located in overlay districts must comply with additional development standards beyond those required of the base zoning district(s).

The V overlay district applies to the portion of the property designated for Visitor-serving Commercial uses on the City’s Land Use Map. This area affects the approximately northerly third of the property fronting Carpinteria Avenue, and limits the use of this area for commercial development that will serve visitors to the City as well as local residents.

Examples of the types of uses permissible in the V overlay include hotels, motels, restaurants, and service and retail commercial uses normally associated with the needs of visitors and which may also serve local residents. The visitor-serving commercial 4745 Carpinteria Ave Mixed Use Concept Review
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use(s) must function as the primary use of the property, either in terms of square footage and/or by being situated and designed such that it both appears and functions as the primary use of the parcel from its primary street frontage. Further, in the V overlay, non-visitor-serving commercial uses are restricted to upper-level floors only. At this conceptual level, it appears the contemplated proposal could be found consistent with the requirements of the V overlay, provided (future) commercial tenants are of a visitor-serving nature.

The FH overlay applies to properties designated as being located within a flood hazard area according to the current Flood Insurance Rate Maps (FIRM) issued from FEMA.

Presently, the subject property is mapped as being located within the 100-year floodplain (zone AE) according to the current FIRM for the area. Projects located within the FH overlay must comply with the City’s floodplain management requirements (i.e., CMC § 15.50, Flood Damage Protection). Examples of the types of applicable requirements may include, but not be limited to, placement of habitable or conditioned living space outside of, or above, projected 100-year flood elevations, and designing flood prone areas for periodic flooding (e.g., flood vents, etc.).

The CA overlay applies to properties located within the appeals jurisdiction of the California Coastal Commission. The subject property is located within the CA overlay due to its immediate adjacency to Franklin Creek. Properties located within the CA overlay are subject to special permit procedures, including but not limited to, the ability for the project’s final local action (by the Planning Commission or City Council, on appeal) to be appealed to the California Coastal Commission by an aggrieved party or by the Commission itself. In the event an appeal is taken up by the California Coastal Commission, the Commission would have the ability to take over permit authority for the project unless a determination of no substantial issue is made.

Density Bonus
The contemplated proposal seeks to utilize provisions allowed for under the state’s Density Bonus Law to provide more apartment units onsite than the City’s zoning would otherwise allow for, and to make use of various incentives, concessions, waivers and/or reductions allowed for under Density Bonus Law to allow for deviation from local zoning standards, in exchange for setting aside a specified percentage of the units for targeted affordability rates for a defined period of time. More specifically, the proposal calls for setting aside 39% of the total apartment units for moderate income households (80% - 120% AMI) for a minimum period of 55 years in exchange for a 34% bonus density (i.e., six additional units) and use of three incentives, concessions, waivers and/or reductions: 1.) parking reduction; 2.) exceedance of maximum building height; and 3.) exceedance of PRD zone district maximum lot coverage.

Density Bonus Law requires that a local jurisdiction grant a density bonus at an amount commensurate with the percentage of base units set aside for the targeted income category, and as prescribed in the law. Further, Density Bonus Law requires that a 4745 Carpinteria Ave Mixed Use Concept Review
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qualifying application be granted a specified number of incentives or concessions to reduce local development standards based on the percentage of units set aside for the targeted income category. Density Bonus Law also allows applicants making use of its provisions to request additional waivers or reductions from local zoning standards, as needed, to help facilitate construction of the project and production of affordable housing. In addition, Density Bonus Law specifies vehicle parking ratios based on the number of bedrooms in each unit.

The applicant suggests their conceptual project would qualify for a 34% bonus density and use of up to three concessions or waivers in exchange for setting aside 39% of the total units as rental apartments affordable to a moderate income household. However, this arrangement as presented does not appear to be consistent with Density Bonus Law. In particular, state Density Bonus Law does not include provisions for granting a density bonus to a moderate-income rental apartment project. Instead, the project would need to set aside a percentage of rental apartments for either the low- or very-low income category in order to use Density Bonus Law, or the project would need to be a “for sale” project (i.e. condominiums) offering all the units for sale to the general public with at least 10 percent of the units sold to persons or families in the moderate-income category or some percentage of the units for sale in the low- or very-low income categories in order to use Density Bonus Law.

Density Bonus Law stipulates that the base density upon which the calculations are made is to be based on the maximum allowed density under the General Plan, which in the case of the subject property is a maximum of 20 dwelling units per acre. However, it appears the applicants have calculated the required number of designated affordable units based upon a percentage of the total number of units provided in the project rather than as a percentage of the base number of units allowed under the City’s General Plan. The applicant correctly calculated the base property density using a maximum of 20 dwelling units per acre rate for the entirety of the property, which based upon the subject property’s size would allow for up to 18 units. The minimum required number of income-restricted units that would need to be provided to comply with Density Bonus Law would be calculated as a percentage of this base density rather than the total number of units in the entire project.

The proposal could be made consistent with Density Bonus Law and still result in a total of 24 units if it instead proposed one of the following scenarios:
 Set aside 34% of the 18 base units for sale to moderate-income households (80% - 120% AMI) in a project offering all of the units to sale to the general public. This would equate to six moderate-income-restricted units, and would grant the project a 29% density bonus (six additional units);  Set aside 17% of the 18 base units for low-income households (50% - 80% AMI), which would equate to three income-restricted units. This would grant the project up to a 30.50% density bonus (six additional units), which would equal 24 units; or
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 Set aside 12% of the 18 base units for very-low-income households (50% or lower AMI), which would be equivalent to two units, and would also qualify the project for a 38.75% density bonus (up to seven units, which would technically allow for up to 25 units).

Any of these above scenarios would result in fewer income-restricted units overall, compared to the concept proposal as presented by the applicant, but would target those remaining affordable units provided to either moderate-income households for purchase, or to low- or very-low-income households for rent. The applicant could consider other scenarios as well (e.g., higher or lower percentages of designated affordable units), depending upon the desired final density or unit count, and/or the desired number of granted incentives or concessions (discussed further below).

With respect to the three above-discussed scenarios (i.e., 34% moderate-income for sale units; 17% low-income rental units; or 12% very-low-income rental units), the proposed project would qualify for use of a defined number of incentives or concessions pursuant to Density Bonus Law. A project designating 34% of the base units as for sale to the moderate-income category would qualify for use of up to three such incentives or concessions; whereas a project designating 17% of the base units to low-income or 12% of the base units to very-low income would be eligible for use of up to two incentives or concessions.

The concept plans call for utilizing the granted incentives or concessions for: 1.) a reduction to the required number of parking spaces; 2.) exceeding the maximum allowed building height; and 3.) exceeding the PRD zone district maximum lot coverage allowance.

The proposed parking reduction would reduce the total number of parking spaces provided onsite from the minimum 70 required spaces calculated by zoning to 59 spaces, a reduction of 11 spaces. Technically, the concept proposal may not need to utilize a granted incentive or concession to reduce required parking since Density Bonus Law automatically grants qualifying projects reduced residential parking rates.

Specifically, Density Bonus projects are only required to provide residential parking at a maximum rate of one space per one-bedroom unit, and one and one-half spaces per two-bedroom unit, inclusive of required parking for visitors and persons with a disability.

Using these automatically granted reduced residential parking rates, the project as a whole would be required to provide a minimum of 57 parking spaces. As currently presented, the project would be providing two additional spaces beyond this minimum required under Density Bonus Law. However, if the applicant desired to utilize some or all of the project’s commercial space for a restaurant or similar high intensity use, additional parking beyond the calculated minimums would likely be required. In such a scenario, the applicant could use a granted incentive or concession under Density Bonus Law to reduce this required amount of commercial parking associated with the project.
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With respect to the requested exceedance of the City’s maximum allowed building height, the contemplated proposal would exceed the City’s maximum allowed height limit of 30 feet by six feet, reaching a maximum height of 36 feet. At this conceptual stage, it appears the 36-foot height maximum would apply to the project’s elevator tower only. Per CMC § 14.50.090, chimneys, elevator and stair housings, among other architectural projections may exceed the building height limit in all districts where such excess heights are not in conflict with other provisions of the zoning code. Nevertheless, the three-story residential portion of the project is expected to also exceed the City’s 30- foot height limit, but may remain below the project’s identified 36-foot height maximum.

Importantly, the two-story commercial portion of the building along the Carpinteria Avenue frontage appears it could remain below the City’s 30-foot height limit.

The requested exceedance of the PRD zone district’s maximum allowed building coverage limit would apply (only) to the portion of the project located in the PRD-13 zone district (i.e., property’s southeast corner). The PRD zone allows for a maximum lot coverage of 50%; the contemplated proposal calls for a lot coverage figure of approximately 77% of the PRD-zoned portion of the property.

State Density Bonus Law provides that for qualifying projects, concessions or incentives must be granted unless the local jurisdiction makes a written finding, based upon substantial evidence, that: 1.) the concession or incentive does not result in identifiable and actual cost reductions to provide for affordable housing costs or for rents for the targeted units; 2.) the concession or incentive would have a specific, adverse impact upon public health and safety, or on any real property that is listed in the California Register of historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low-income and moderate-income households; or 3.) the concession or incentive would be contrary to state or federal law. The local agency also must produce the substantial evidence to support these findings.

Further, Density Bonus Law allows for an applicant to request additional waivers or reductions to development standards that would otherwise have the effect of physically precluding the construction of a density bonus-qualifying project. However, in the case of the subject concept proposal, no such additional waivers or reductions are being requested at this time.

Finally, Density Bonus Law provides that it does not supersede or in any way alter or lessen the effect or application of the California Coastal Act (Coastal Act), and that any density bonus, concessions, incentives, waivers or reductions of development standards and parking ratios to which the applicant is entitled under Density Bonus Law must be permitted in a manner that is consistent with both Density Bonus Law and the Coastal Act. Subsequent guidance from the California Coastal Commission has indicated that efforts should be made by local jurisdictions to “harmonize” the requirements of both Density Bonus Law and the Coastal Act. At this conceptual stage, consideration should be given as to whether any aspects of the proposed project would 4745 Carpinteria Ave Mixed Use Concept Review
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potentially conflict with or contradict Coastal Act priority land uses (e.g., visitor-serving commercial) or coastal resources (e.g., ESHA, creeks, public coastal access, coastal views, etc.), and if so, how those conflicts might be mitigated or resolved.

General Plan/Coastal Land Use Plan
The project site has split General Plan/Coastal Plan designations of Visitor-serving Commercial (VC) and General Commercial (GC), and is located within Subarea 2a, Downtown Core District, as identified in the Community Design Element.

The following is a partial list of key policies contained in the City’s General Plan/Coastal Land Use Plan that pertain to the conceptual proposal, grouped by theme, to help facilitate the conceptual review discussion. A comprehensive list and full analysis of the applicable policies would occur with the review of a formal application for development.

Land Use
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.

Objective LU-3: Preserve the small beach town character of the built environment of Carpinteria, encouraging compatible revitalization and avoiding sprawl development at the City’s edge.

Policy LU-3d: Establish a commercial sector that balances the retail and service needs of citizens and tourists.

Policy LU-3e: Direct commercial development toward the center of town and in established commercial nodes. Exceptions include visitor-serving commercial uses in the Bluffs III sub-area, and commercial uses of a character, size and location that are intended solely to serve a specific neighborhood and thereby reduce vehicle trips.

Policy LU-3f: Encourage the remodeling and revitalization of neighborhoods and commercial areas in accordance with principles established in the Community Design Element.

Policy LU-3g: Provide for a range of business activities that bring vitality, revenue, and employment to Carpinteria and are compatible with its small town character.

The proposed concept contemplates a commercial-residential mixed use development on the western edge of the City’s downtown core in place of an existing equipment rental business. The project represents an opportunity for higher density infill development, including both expanded visitor-serving commercial leasable space and one- and two-bedroom workforce rental housing, including a number of income- 4745 Carpinteria Ave Mixed Use Concept Review
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restricted affordable units, on an under-utilized site on the Carpinteria Avenue corridor.

Downtown mixed use developments that provide opportunities for both new/expanded commercial development in the downtown and desperately needed new workforce housing help to achieve the intent of the above Land Use Element policies. Such developments concentrate workforce housing near job centers and existing businesses, and in close proximity to essential services (including, but not limited to, transit). Higher density mixed use developments also help to foster a more lively and vital downtown district by introducing additional year round residents to the area to supplement seasonal tourism.

The redevelopment of the site with a multi-story mixed use building creates an opportunity to gain additional utility out of a rare large, but under-developed site in the City’s Downtown “T” district. While three-story construction has been controversial in the City in the past, the contemplated proposal may offer a means of preserving a two-story façade along Carpinteria Avenue, while also providing a meaningful number of new housing units and meeting the project’s required parking (as adjusted by Density Bonus Law) in a manner that reflects the (desired) character for the downtown Carpinteria Avenue corridor (i.e., transitioning Carpinteria Avenue into an integrated downtown street similar to Linden Avenue- see Policy CDS2A-c, below).

Visitor-serving Commercial Development
Objective LU-5: Maintain availability of agriculture, coastal -dependent industry and visitor-serving commercial development including hotels/motels, restaurants and commercial recreation uses.

Policy LU-5a: The City shall continue to give priority to agriculture, coastal-dependent industry and visitor-serving commercial recreational facilities designed to enhance public opportunities for coastal recreation over residential, general industrial, or general commercial development.

Policy LU-5c: The City shall prohibit the removal or conversion of visitor-serving development unless it will be replaced by development offering comparable visitorserving opportunities.

The project site is presently occupied by a long-time tenant operating an equipment rental business with a large outdoor yard devoted to the storage and parking of various equipment, machinery and/or vehicles available for hire. Arguably, the existing use provides an important service to the community, but caters more to residents than visitors despite the property’s (partial) visitor-serving commercial designations.

The proposed mixed use concept includes 6,000 square feet of commercial leasable space, situated along the site’s Carpinteria Avenue frontage, and distributed between two floors. The ground floor would be 3,800 square feet in area and oriented directly to the sidewalk on Carpinteria Avenue. The second floor would contain an additional 2,200 4745 Carpinteria Ave Mixed Use Concept Review
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square feet of commercial space and a 650 square foot patio space overlooking Carpinteria Avenue. Cumulatively, this new square footage would provide expanded opportunities for new visitor-serving commercial development to be introduced at the west end of the downtown core, and present an opportunity to activate or reinvigorate commercial activity in this part of the downtown. In order to maintain consistency with the intent of these policies, future commercial tenants would need to be visitor-serving in nature.

Mixed Use Development
Policy LU-3a: New development shall occur contiguous to existing developed areas of the city. Higher density in certain residential neighborhoods and for residential uses in commercial districts shall be provided as a means to concentrate development in the urban core consistent with zoning designations, particularly where redevelopment of existing structures is proposed.

Policy LU-6a: The City may consider and permit mixed use (i.e., residential/commercial or residential/industrial) on parcels designated on Figure LU-1 for commercial or industrial use. Such mixed use may be considered if the City has found that either the allowance would encourage rehabilitation of important existing housing stock, or the residential use of the subject parcel(s) would result in the production of affordable housing in the community, and that mixed use on the site would assist the City in maintaining an appropriate balance between jobs and housing. Mixeduse development shall not be permitted on parcels designated for commercial or industrial use unless it is found by the City to be compatible with existing and anticipated uses in the area surrounding the site.

Implementation Policy 2: When residential development is proposed on parcels designated for commercial or industrial use, the residential density shall not exceed the highest residential density permitted in the city’s land use categories; i.e., 20 units/acre including any bonus density allowances. The City shall determine the appropriate residential density for a commercial/industrial-designated parcel proposed for residential use on all or a portion of the parcel and shall consider, but not be limited to, the following factors:
a. Availability and cost of providing local services and infrastructure; e.g., sewer, water, and schools, and transportation and parking availability. b. Unique site characteristics such as size, shape, topography, and easements c. The existence on site or adjacent to the site of Environmentally Sensitive Habitat area.
d. The need for protection or enhancement of other coastal resources; e.g., viewsheds, coastal access, recreation, visitor-serving commercial and other coastal dependent or coastal related uses.
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When mixed-use development is proposed in a common building, determination of the allowable density shall include, in addition to the criteria above, consideration of the intensity of the commercial/industrial use including characteristics such as parking demand, vehicle trip generation, noise and vibration, that could affect compatibility of the residential use with the commercial/industrial component.

In all cases, commercial or industrial use shall be the primary use of a site designated for mixed-use development. A commercial or industrial use of a developed site shall be found by the City to be the primary use if it is greater in area than the residential component and/or is situated and designed such that it both appears and functions as the primary use of the parcel from its primary street frontage.

Policy LU-6c: Parcels designated coastal-dependent industrial or visitor-serving commercial shall not be considered for mixed use or residential use, with the exception that second-story mixed use or residential use shall be allowed on visitor-serving commercial parcels in the Downtown Core District.

Policy CDS2A-a: Encourage and carefully regulate the development of two- and threestory mixed-use building along Linden and Carpinteria Avenues, to define a vital, lively, and valuable center for the city while prioritizing visitor-serving commercial uses.

Policy CDS2A-b: Ensure that intensified land uses within the subarea support a lively place to visit, live, work and shop, and that the scale and character of the District remain consistent with the city’s “small beach town” image.

The contemplated project calls for a mixed use development containing 6,000 square feet of commercial space and 24 rental apartment units (13 one-bedroom units and 11 two-bedroom units). Assuming the maximum allowed residential density of the General Plan pursuant to Density Bonus Law, the project achieves an overall maximum base density of 18 units per acre. The proposal seeks to utilize Density Bonus Law to increase the allowable density onsite to approximately 28 units per acre, which in the case of the subject property would accommodate 24 units, in exchange for setting aside a percentage of the units as income-restricted affordable units.

Broadly speaking, a “high density” mixed use development such as the proposed concept is appropriately located in the City’s downtown commercial core where residents of the project would be centrally located near employment, businesses and services, and can in turn help to increase activity and vitality in the downtown district through an increase in year-round residents. The mix of relatively small one- and twobedroom housing units is appropriate to the type of “workforce” housing desired in the downtown, and in exchange for the granting of a density bonus, would include a percentage of income-restricted affordable units. While the Density Bonus Law provides the option of offering moderate-income units for sale, or low- or very-low-income units for rent or sale in exchange for a density bonus, the conceptual proposal presently calls for providing rental apartments. Staff believes rental apartments are preferable in this 4745 Carpinteria Ave Mixed Use Concept Review
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downtown location and for this type of smaller workforce housing to better serve the City’s housing needs.

Consistent with the above provisions for mixed use development in visitor-serving commercial areas, the commercial square footage has been located and configured along the Carpinteria Avenue frontage to appear and function as the “primary” use of the property. The residential component of the mixed use project would be located behind and/or above the commercial areas, such that it would read as being secondary as viewed from Carpinteria Avenue. Viewed from Ninth Street, at the rear of the property, the site would have a more residential character, which is appropriate to the residential setting of the adjacent parcels along Ninth Street.

Two- and especially three-story development in the downtown is sensitive for the community, and redevelopment of this site is expected to be no different. While there are other two- and even partial three-story developments in the general vicinity, the introduction of a new multi-story mixed use development on this site will unavoidably be prominently visible given the relatively low intensity of the site’s existing use and its adjacency to the (open) Franklin Creek channel and surrounding smaller scale residential and commercial developments. The applicant has explored ideas for preserving a two-story façade along the Carpinteria Avenue frontage and stepping up to three story in the lot’s interior and along the Ninth Street frontage. This approach may be successful for the Carpinteria Avenue frontage but is likely to be out of scale with surrounding development along the project’s Ninth Street frontage. Further consideration should be given to design refinements that could bring down the perceived scale and mass, particularly of the project’s Ninth Street frontage.

Downtown Core and “Small Beach Town” Character
Objective CD-1: The size, scale and form of buildings, and their placement on a parcel should be compatible with adjacent and nearby properties, and with the dominant neighborhood or district development pattern.

Policy OSC-13b: Require new development or redevelopment in the downtown section of Carpinteria to conform with the scale and character of the existing community and consistent with the city’s theme of a small beach-oriented community.

Objective CD-2: Architectural designs based on historic regional building types should be encouraged to preserve and enhance the unique character of the city.

Policy CD-7d: Courtyard housing types, with multiple small units fronting onto a common courtyard or garden, are encouraged as an alternative to apartment “blocks” or more massive buildings within mixed-use districts.

The contemplated proposal calls for a three-story mixed use building with a total square footage of approximately 54,900 square feet and a maximum building height of 36 feet. 4745 Carpinteria Ave Mixed Use Concept Review
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The building includes a two-story commercial component situated along Carpinteria Avenue and behind it, a two-story apartment complex placed atop a ground level parking garage. Through the application of incentives, concessions, and automatic reductions granted through the use of Density Bonus Law, the contemplated project would exceed the maximum allowed heights limitations by six feet, exceed the PRDzone lot coverage maximums for a portion of the project site, and provide less than the required minimum amount of parking. In all other instances, it appears the concept proposal would conform to the applicable zoning standards.

Nevertheless, a singular new three-story 54,900 square foot building would be a departure from other developments in the City’s downtown core. While there have been other larger three-story mixed use developments along Carpinteria Avenue in the recent past (i.e., “Village Gardens” and “Lavender Court”), both have more closely followed the “courtyard” type of development encouraged by Policy CD-7d, above. However, given the smaller size and creek setback constraints of the subject property, the project architect did not believe the desired residential density, prominent commercial component, and the proposed amount of parking could be reasonably accommodated in a similar courtyard configuration for this project. Rather, the applicant has relied upon a podium style building with creative use of setbacks and massing in an attempt to fit this large new building into the downtown setting. Use of building rooftops would be employed in lieu of, or in addition to, more typical landscaped yard areas to provide outdoor common area amenities for residents of the project.

While limited information is available at this conceptual stage, the massing study and Carpinteria Avenue rendering provided in the plan set suggest that the project could fit within the desired scale and character of Carpinteria Avenue. The layout presents a single story ground floor façade that steps up to two-stories with a rooftop patio overlooking the sidewalk. The third floor is set back even farther, behind the commercial component of the project which should significantly decrease its perceived scale and visual prominence from the street. Additional attention should be given to the western side elevation given its visible exposure to the creek and whether there are opportunities to step in upper floors to further break up massing along this exposed side of the building. Along the rear elevation, the conceptual plans show a rendered elevation that again is highly articulated but is nevertheless likely to be much larger in scale, mass and height than anything else along Ninth Street.

Architectural style for the concept proposal could be described as “coastal mid-century modern” and includes design elements seen on other multi-family residential developments in the City and on commercial buildings in the City’s downtown core. Staff believes the general direction of the architecture could be found consistent with the eclectic mix of styles found in downtown Carpinteria.

Objective CDS2A-2: Preserve and enhance the downtown’s historic status as the center of commercial activity of the city by encouraging a range of uses that serve both residents and visitors.
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Policy CDS2A-a: Encourage and carefully regulate the development of two- and threestory mixed-use building along Linden and Carpinteria Avenues, to define a vital, lively, and valuable center for the city while prioritizing visitor-serving commercial uses.

Policy CDS2A-b: Ensure that intensified land uses within the subarea support a lively place to visit, live, work and shop, and that the scale and character of the District remain consistent with the city’s “small beach town” image.

Policy CDS2A-c: Encourage the gradual but systematic transformation of Carpinteria Avenue from a highway commercial strip to an integrated downtown street similar in character to Linden Avenue.

Objective CD-7: Enhance and maintain the Linden Avenue downtown core, the Carpinteria Avenue commercial core, the Eugenia Professional office area, the Casitas Village, Shepard’s place Shopping Center, and the Cindy Lane-Mark Avenue industrial park districts.

Policy CD-7a: Retail and commercial uses should generally have large transparent “storefront” windows for display of merchandise to pedestrians. Blank sections of walls on street frontages are strongly discouraged.

The above objective and policies encourage the gradual but careful transformation of Carpinteria Avenue into an integrated downtown street similar in character to Linden Avenue. These policies also call for enhancing commercial opportunities in the downtown to the benefit of both residents and visitors. The contemplated mixed use development could be found to be consistent with the intent of these objectives and policies. The project has been designed to include a mix of uses that are desired in the downtown (e.g., additional visitor-serving commercial space and workforce housing) with a frontage design that feels appropriate to a downtown pedestrian-oriented setting (with wide sidewalks, large open storefronts, outdoor patio areas, and onsite parking mostly located away from the primary street façade). Provided the overall scale, mass and height of the building can be adequately mitigated through careful design and architecture, staff believes the project could be found consistent with these objectives and policies.

Objective CD-10: Areas with attractive frontage designs should be maintained. New development should be carefully planned with frontage areas which maintain and enhance the quality of Carpinteria’s streetscape.

Policy CD-10a: Minor variations in front yard building alignments within a block are encouraged. Relatively steady setback patterns clearly define the public space of the street and reinforce small town character.
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Policy CD-10c: Commercial and mixed-use frontages should generally have wide sidewalks adequate to encourage customers and residents to walk, shop and linger in the public right-of-way. Commercial buildings should have large windows and entries on the street at the ground level. Residential ground floor uses should be set up or back from the street enough to afford privacy within the dwelling.

The front building setback along Carpinteria Avenue for the commercial portion of the project would generally line up with other commercial buildings on the street, built up to the sidewalk or allowing for a wider sidewalk to be installed. The residential portion of the building and covered parking garage below would be set back into the lot helping to both reinforce the “primary” commercial use of the site and to help soften the visibility and scale of the three-story building mass. The commercial component has been designed to open onto Carpinteria Avenue and features large storefronts facing the street and a second floor patio overlooking the sidewalk. These features appear to be consistent with the desired frontage treatments.

Along the Ninth Street frontage, the building’s mass, scale and height will be unlike anything else in the vicinity. While the project has been designed to conform to its applicable minimum setback requirements from Ninth Street, the visual impact of the project would nonetheless be significant. Additional consideration should be given to softening and reducing the prominence of this elevation, if possible.

Objective CDS2A-1: Preserve and strengthen the visual and physical connections between the downtown and the beach, mountains, and other neighborhoods.

Policy CDS2A-d: Enhance the pedestrian character of the District’s streets, plazas, paseos, parks and lanes.

Policy C-7b: Develop safe and direct pedestrian accessibility between residential areas, schools, parks, and shopping areas in both new and existing urban areas.

CDS2A Implementation Policy 26: The provision of small spaces with benches, fountains, public art and other special elements that encourage people to gather and linger in public should be encouraged, particularly where they support businesses, such as sidewalk cafes.

CDS2A Implementation Policy 27: Gardens or plazas should be located adjacent to viable commercial uses or designed for a specific active uses, such as a children’s play area.

The contemplated mixed use project has been designed with a significant amount of open space despite the overall size of the development. Approximately 22% of the site would be landscaped, largely due to the required 50-foot setback from the Franklin Creek channel. While this area is required to be restored and protected as habitat, there may be an opportunity to incorporate passive recreational uses into this buffer, such as 4745 Carpinteria Ave Mixed Use Concept Review
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seating and/or a trail connecting Carpinteria Avenue to the Ninth Street pedestrian bridge, which could enhance pedestrian connectivity in the area. Areas for decorative planters and landscaping have been provided around the remaining perimeter of the site as well.

The commercial element of the project, located along the Carpinteria Avenue frontage, is shown with wide sidewalks/walkways around the building and a second floor patio area overlooking the street. These types of spaces could be used to accommodate outdoor café seating or similar amenities which would be in keeping with the above policies. The residential portion of the project would make use of building rooftops to provide outdoor common area amenities for residents of the development. While these features have not been developed at this time, they could include usable landscaped patio and courtyard areas and amenities typical of the varieties found in other multifamily residential developments.

Public Parking and Infrastructure
Policy LU-3h: Develop land uses that encourage the thoughtful layout of transportation networks, minimize the impacts of vehicles in the community, and encourage alternative means of transportation.

Policy LU-3i: Ensure the provision of adequate services and resources, including parking, public transit and recreational facilities, to serve proposed development.

CDS2A Implementation Policy 29: On-street parking and public parking requirements for coastal access shall be considered in deciding the required amount of off-street parking. Parking lots are discouraged on street frontages and are strongly discouraged on corner lots.

Policy C-3l: Provide sufficient parking and loading space in commercial and industrial areas to minimize interference with efficient traffic circulation.

Per the City’s Zoning Code, the contemplated mix of uses would require a minimum of 70 parking spaces, not accounting for any additional parking that may be required for certain higher intensity commercial uses (e.g., restaurants). However, as part of the applicant’s utilization of Density Bonus Law, the project may make use of reduced residential parking standards, which in this case have allowed the provided parking to be reduced by 11 spaces to 59. These 59 spaces would serve both the onsite commercial and residential uses, including visitor spaces. As discussed previously, these 59 spaces would slightly exceed the project’s minimum required parking as adjusted by Density Bonus Law. In the event the project requires additional parking (due to restaurant seating, for example), the applicant could request to utilize an incentive, concession, waiver or reduction granted by Density Bonus Law to reduce the amount of required onsite commercial parking. The onsite parking could be accessed from either the primary driveway on Carpinteria Avenue or a secondary driveway on Ninth Street. 4745 Carpinteria Ave Mixed Use Concept Review
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The project also contemplates the provision of new “head-in” public on-street parking on Ninth Street, where on-street parking demands have been historically high. Presumably, the project would also provide onsite bicycle parking or storage, although this has not been developed at this conceptual stage.

The site’s location within the Downtown “T” on Carpinteria Avenue would also allow the project to utilize existing transit and alternative transportation infrastructure. Carpinteria Avenue is improved with class II bicycle lanes and continuous sidewalks leading into the downtown, and MTD’s line 20 bus service runs along Carpinteria Avenue with stops in close proximity to the project site.

Objective PF-5: To provide a high quality and broad range of public services, facilities and utilities to meet the needs of all present and future residents of the Carpinteria Planning Area.

Policy PF-5b: The City will require proposed new developments to pay a fair share of the cost of needed public facilities and services. Further, in areas of the city designated for non-residential use but where residential use may be permitted, the City shall monitor total residential development and report annually to the School, Fire, Water and Sanitary districts to permit proper facilities planning by these special districts.

Policy PF-5c: The City will ensure that new development will not adversely impact services and facilities provided to existing development.

In the event the proposed concept were submitted as a formal project application, all special districts serving the project site would have the opportunity to condition the project with necessary requirements to adequately serve the project, including any needed upgrades to existing facilities. As part of any application completeness review, the applicant will be required to obtain a “can and will serve” letter from the Water District demonstrating that water service is available for a project of this scope.

Likewise, the City’s Public Works Department would also have the opportunity to consider needed frontage and street improvements, storm drainage and water quality measures, and utility upgrades or relocations.

Policy OSC-6f: All development shall be evaluated for potential adverse impacts to water quality and shall consider Site Design, Source Control and Treatment Control BMPs in order to minimize polluted runoff and water quality impacts resulting from the development. In order to maximize the reduction of water quality impacts, BMPs should be incorporated into the project design in the following progression: (1) Site Design BMPs, (2) Source Control BMPs, and (3) Treatment Control BMPs.

Based on the conceptual plans provided, which call for altering existing buildings and hardscape areas, it appears the concept proposal would likely qualify as a “Tier 3” project (projects with 15,000 square feet or more of impervious surfaces). Such projects must implement the following stormwater design measures:
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 Implement Low Impact Development (LID) Measures:
o Limit disturbance of natural drainage features;
o Limit clearing, grading and soil compaction;
o Minimize impervious surfaces;
o Minimize runoff by dispersing runoff to landscape or using permeable pavements.
 Treat runoff with an approved and appropriately sized LID treatment system prior to discharge from the site;
 Prevent offsite discharge from events up to the 95th percentile rainfall event using Stormwater Control Measures.

The submitted concept plans provide only limited information, however required stormwater features could likely be incorporated into landscape areas and/or uncovered parking areas, for example, to meet the above requirements.

Public View Corridors
Objective CD-3: The design of the community should be consistent with the desire to protect views of the mountains and the sea (California Coastal Act of 1976 §30251).

Objective OSC-13: Preserve Carpinteria’s visual resources.

Policy OSC-13a: Preserve broad, unobstructed views from the nearest public street to the ocean, including but not limited to Linden Avenue, Bailard Avenue, Carpinteria Avenue, and U.S. Highway 101. In addition, design and site new development on or adjacent to bluffs, beaches, streams, or the Salt Marsh to prevent adverse impacts on these visual resources. New development shall be subject to all of the following measures:
a. Height and siting restrictions to avoid obstruction of existing views of visual resources from the nearest public areas.
b. In addition to the bluff setback required for safety, additional bluff setbacks may be required for oceanfront structures to minimize or avoid impacts on public views from the beach. Blufftop structures shall be set back from the bluff edge sufficiently far to ensure that the structure does not infringe on views from the beach except in areas where existing structures already impact public views from the beach. In such cases, the new structure shall not be greater in height than adjacent structures and shall not encroach seaward beyond a plane created by extending a straight line (“stringline”) between the nearest building corners of the existing buildings on either side of the proposed development. Patios, balconies, porches and similar appurtenances, shall not encroach beyond a plane created by extending a straight line between the nearest corners closest to the beach from the existing balconies, porches or similar appurtenances on either side of the proposed development. If the stringline is grossly inconsistent with the established line of seaward encroachment, the Planning Commission or City 4745 Carpinteria Ave Mixed Use Concept Review
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Council may act to establish an encroachment limit that is consistent with the dominant encroachment line while still limiting seaward encroachment as much as possible.
c. Special landscaping requirements to mitigate visual impacts.

Objective CDS2A-1: Preserve and strengthen the visual and physical connections between the downtown and the beach, mountains, and other neighborhoods.

The project site is situated with its primary frontage along Carpinteria Avenue and a secondary frontage on Ninth Street. Public ocean views are not available from this location and thus would not be impacted by redevelopment of the site. Public mountain views are available along Carpinteria Avenue, but are of marginal quality and constrained to mainly looking down the street corridor or as glimpses over and between existing developments. The project’s location on the south side of Carpinteria Avenue is not expected to further interfere with these (limited) views.

Public views from Ninth Street towards the mountains are similarly compromised by existing landscaping and development. Construction of a new two- and three-story mixed use building would further constrain these view corridors, although the adjacent Franklin Creek channel and the project’s required 50-foot setback from said channel would provide an opportunity to preserve and perhaps enhance a mountain view corridor from the Ninth Street pedestrian bridge and any associated trails within the creek channel right-of-way.

Creek Setback
Objective OSC-6: Preserve the natural environmental qualities of creekways and protect riparian habitat.

Policy OSC-6a: Support the preservation of creeks and their corridors as open space, and maintain and restore riparian habitat to protect the community’s water quality, wildlife diversity, aesthetic values, and recreation opportunities.

OSC-6-Implementation Policy 25: A setback of 50 feet from top of the upper bank of creeks or existing edge of riparian vegetation (dripline), whichever is further, shall be established and maintained for all development. This setback may be increased to account for site-specific conditions. The following factors shall be used to determine the extent of an increase in setback requirements:
a. Soil type and stability of the stream corridor
b. How surface water filters into the ground
c. Types and amount of riparian vegetation and how such vegetation contributes to soil stability and habitat value
d. Slopes of the land on either side of the stream
e. Location of the 100 year floodplain boundary, and
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f. Consistency with other applicable adopted plans, conditions, regulations and/or policies concerning protection of resources.

Where existing buildings and improvements, conforming as to use but nonconforming as to the minimum creek setback established herein, are damaged or destroyed by fire, flood, earthquake or other natural disaster, such buildings and improvements may be reconstructed to the same or lesser size and in the same general footprint location, provided that reconstruction shall be inaugurated by the submittal of a complete construction application within 24 months of the time of damage and be diligently carried to completion.

OSC-6-Implementation Policy 26: Prior to issuance of a development permit, all projects shall conform with the applicable habitat protection policies including but not limited to the General Plan/Local Coastal Plan, Open Space Bluffs Master Program, Creek Preservation Ordinance, and the Zoning Ordinance.

Consistent with the above policies and the City’s Creeks Preservation Program, the concept proposal shows the required 50-foot setback from the adjacent Franklin Creek channel. This creek setback area would be required to be protected in perpetuity as part of the project and restored as riparian and/or upland habitat. Limited opportunities for passive recreational use within the creek setback may be feasible, similar to the walking path and seating areas included in the Lagunitas Creek restoration area completed as part of the larger Lagunitas mixed use development.

Public Safety
Objective S-1: Minimize the potential risks and reduce the loss of life, property and the economic and social dislocations resulting from fault surface rupture in the planning area, from ground shaking due to an earthquake along a fault in the planning area or in the region, from seismically-induced liquefaction in the planning area, and from seismically-induced tsunamis.

Objective S-3: Minimize the potential risks and reduce the loss of property and the economic and social dislocations resulting from expansive soils, soil settlement, subsidence, and hydrocompaction.

According to Figures S-2 and S-3 of the City’s General Plan/Coastal Land Use Plan, the project site is located in an area that is potentially vulnerable to a high risk of liquefaction and soil settlement. If a formal development permit application for the project is submitted, a project-specific geotechnical report will be required in order to demonstrate compliance with the above Objectives and Policies. Further, any future project approval would be conditioned upon compliance with the findings and recommendations from the site-specific geotechnical report. 4745 Carpinteria Ave Mixed Use Concept Review
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Objective S-4: Minimize the potential risks and reduce the loss of life, property and the economic and social dislocations resulting from flooding.

The project site is currently located in a flood hazard area (zone AE) according to the current FEMA FIRM for the area. Accordingly, the project would be required to comply with the City’s floodplain management regulations in order to reduce flood risk hazards.

The project site was not identified as being vulnerable to possible future sea level rise in the City’s draft Sea Level Rise Vulnerability document.

Objective S-5: Minimize the potential risks and reduce the loss of life, property and economic and social dislocation resulting from urban and wildland fires.

Policy S-5a: All new structures must adhere to the Carpinteria-Summerland Fire Protection District Ordinance and the Santa Barbara County Fire Department Ordinances, where applicable.

The project site is not located within an identified high fire hazard area. Nevertheless, as part of any formal development permit application, the project will be reviewed by the Fire District to ensure it complies with applicable Fire District Ordinance requirements, including but not limited to fire prevention, emergency access, and sprinkler/alarm systems.

Noise
Objective N-3: The City will minimize the adverse effects of traffic generated noise from City streets on residential and other sensitive land uses.

N-3-Implementation Policy 1: The City will use the land use/noise compatibility matrix shown on Figure N-3 to determine the appropriateness of land uses relative to roadway noise.

N-3-Implementation Policy 2: An acoustical study showing the ability to meet state noise insulation standards will be required for any development proposed in an area where noise exceeds the “normally acceptable” level shown on Figure N-3.

According to Figures N-1 and N-2 (Existing and Future Noise Contours) of the City’s General Plan/Coastal Land Use Plan, the project site is located in an area with expected noise levels in the 60- 65 dBA range. The City’s Land Use Compatibility Matrix (Figure N-3 in the General Plan/Coastal Land Use Plan) identifies commercial uses as “normally acceptable” within this noise range and multifamily residential uses as being “conditionally acceptable” within this range. Accordingly, if a formal development application is submitted, it should include an acoustical analysis of any necessary design and construction techniques to ensure interior and exterior residential noise thresholds are not exceeded.
4745 Carpinteria Ave Mixed Use Concept Review
December 19, 2022

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Objective N-5: The City will minimize the effects of nuisance noise effects on sensitive land uses.

Policy N-5a: The City will address nuisance noise on a case-by-case basis and develop appropriate mitigation measures such as scheduling of events or activities during hours when effects would be minimal.

The project site is bordered by commercial uses to the east on Carpinteria Avenue and by the Franklin Creek channel to the west. To the south (rear) and southeast, behind the project site, are located a mix of residential uses. The greater surrounding area also contains residential units that are located within one block of the project site. The project site itself would also include new residential units in immediate proximity to the onsite commercial uses. In general, the downtown core is an appropriate and desired location for commercial uses, including those integrated into a mixed use development. The provision of outdoor useable areas that can provide seating or spaces for public community functions as an amenity of these types of uses is also encouraged and appropriate for the downtown setting.

Nevertheless, these types of anticipated uses and amenities, can create the potential for nuisance noise impacts to result that could negatively affect some of the surrounding existing and proposed residential land uses. For example, outdoor dining or patios, in particular, could create land use compatibility concerns during the evening hours. These types of operational nuisance noise impacts can likely be addressed through a combination of physical measures (e.g., use of buffering measures and construction techniques) and limitations on uses (e.g., restricted business hours, limitations on outdoor events, etc.). If necessary, an acoustical study can be used to help identify needed noise mitigation measures to avoid nuisance noise impacts.

Temporary construction noise resulting from any future project approvals can be addressed through the City’s standard construction mitigation measures, including but not limited to, restricting construction hours, requiring the use of noise attenuation and muffler devices on equipment, and if necessary, physical attenuation methods such as sound blankets for nearby sensitive receptors. Again, a project-specific acoustical analysis can aid in estimating anticipated construction noise impacts on neighboring uses and mitigating those impacts, if needed.
4745 Carpinteria Ave Mixed Use Concept Review
December 19, 2022

N:\Project Files\2022 (2139- )\2193 Klentner 4745 Carpinteria Ave Concept\FINAL Klentner Mixed Use Concept Review SR 2022-12-19.docx
Housing Element
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.

Program Category #2. Assist in the Development of Adequate Housing to Meet the Needs of Extremely-Low-, Very-Low-, Low-, and Moderate-Income Households.

Goals:
 Attain a housing supply that meets a variety of housing needs.  Attain a housing supply that meets the needs of extremely-low-, very-low-, lowand moderate-income households.

Policies:
 Infill Development: Promote infill housing development through land use policies and by deferring or reducing development impact fees where the City wants to encourage infill development.
 Downtown Mixed Use: Encourage studio and one bedroom units above commercial uses in the downtown district to reduce parking needs and facilitate affordability.

Program Category #3. Address and, Where Appropriate and Legally Possible, Remove Governmental Constraints to the Maintenance, Improvement and Development of Housing.

Goals:
 Address, and to the extent legally possible, mitigate and/or remove governmental constraints to the maintenance, preservation, improvement and development of housing.
 Implement land use regulations that facilitate meeting affordable housing needs. 4745 Carpinteria Ave Mixed Use Concept Review
December 19, 2022

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Policies:
 Expedite Affordable Housing Development Review: Affordable housing developments shall receive the highest priority and efforts by staff, the Planning Commission and City Council to: a) provide technical assistance to affordable housing developers, including community involvement; b) take into account project funding and timing needs in the processing and review of the applications; and c) provide the fastest turnaround possible in determining application completeness.
 Fee Mitigation: Permit on a case-by-case basis fee reductions and waivers to help owner-builder projects, project with minimum public service impacts, retrofitting projects and affordable housing developments.

Consistent with many of the above-listed Housing Element programs, goals and policies, the contemplated proposal calls for constructing a mixed use development in the City’s downtown core that would include a mix of one- and two-bedroom workforce housing units. Further, the developer proposes to utilize Density Bonus Law provisions to: 1.) set aside a certain percentage of the units for long-term (i.e., 55 years) affordability for a targeted income range; and 2.) allow for the provision of additional dwelling units through a higher residential density than the City’s zoning regulations would otherwise allow for. Accordingly, this project represents an opportunity to achieve a high density infill project in the City’s downtown. As noted previously, the current conceptual proposal calls for rental apartments rather than condominiums. Staff agrees that rental apartments are preferable in the downtown and for this type of high density workforce housing development, and would help to better serve the City’s housing needs.

Bringing the project forward for an early conceptual review allows the applicant the chance to receive crucial feedback on the proposal prior to committing to a costly formal application and can help to streamline the formal application review process by identifying and resolving policy consistency issues early on in the design process. In the event a formal project application is submitted, it too would be prioritized pursuant to the above policies, and would likely receive a waiver on Development Impact Fees for any designated affordable units pursuant to Assembly Bill 571, discussed in the Development Impact Fees section of this report, below.

State Housing Laws
The California Legislature has enacted numerous new laws to promote the development of housing, especially affordable housing, by reducing local agencies discretion over housing projects absent the local agency being able to make specific findings. Many of these laws do not supersede the Coastal Act and the City’s authority to implement its certified Coastal Land Use Plan and Local Coastal Program. At this conceptual stage, it is not feasible to assess the application of various state housing laws to the project.

However, it is important to note that the City’s discretion over the proposed project may be limited in certain ways if it consists of market rate and/or affordable housing. 4745 Carpinteria Ave Mixed Use Concept Review
December 19, 2022

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Public Improvements
The Public Works Department has reviewed the concept plans and made a preliminary determination that the project would likely demand the following public improvements:
 Improvements shall include upgrades to curb ramps at the following locations for conformance with current Americans with Disabilities Act (ADA) standards:
o Southwest corner of Holly Avenue and Ninth Street intersection o Northwest corner of Holly Avenue and Ninth Street intersection o Southwest corner of Carpinteria Avenue and Holly Avenue intersection  Improvements shall include concrete curbs, gutters, and sidewalks; and street trees along north and south sides of Ninth Street from Holly Avenue to Ninth Street terminus.
 Improvements shall include removal of existing driveway approach at Carpinteria Avenue frontage and replacement with concrete curb, gutter, and sidewalk.  Improvements shall include new concrete driveway approaches at the following property frontage locations for conformance with current Americans with Disabilities Act (ADA) standards:
o Carpinteria Avenue
o Ninth Street
 Improvements shall include cul-de-sac or other end treatment at Ninth Street terminus.
 Improvements shall include application of fog seal (quick setting asphaltic emulsion) on asphalt concrete pavement of Ninth Street.  Improvements shall include pavement rehabilitation of Carpinteria Avenue between Franklin Creek Bridge and Holly Avenue.
 Improvements shall include the removal and replacement of any lifted or damaged sidewalks, curbs, and gutters along the property frontage on Carpinteria Avenue between Franklin Creek Bridge and Holly Avenue.  All new and existing utility services shall be installed underground from the closest point of connection or utility pole and completed prior to any paving required for the project. No new utility poles shall be installed.

All public improvements would be required to be designed and executed consistent with Downtown public improvements policies and practices.

DEVELOPMENT IMPACT FEES
A series of ordinances and resolutions adopted by the City Council require the payment of various Development Impact Fees (“DIFs”) for projects resulting in a net increase in the number of dwelling units, an increase in commercial or industrial square footage, or projects resulting in a change of use (e.g., from “commercial” to “residential”). Based on the concept plans provided, the conceptual proposal would be subject to payment of City DIFs for the net increase in commercial square footage (5,150 square feet) and the 4745 Carpinteria Ave Mixed Use Concept Review
December 19, 2022

N:\Project Files\2022 (2139- )\2193 Klentner 4745 Carpinteria Ave Concept\FINAL Klentner Mixed Use Concept Review SR 2022-12-19.docx
24 new residential units. Project DIFs are estimated, below, using the fee rates currently in effect:

Estimated Development Impact Fees as of December 13, 2022 The following is an estimate for 24 residential units and a net addition of 5,150 square feet of commercial space
Fee Type Fee Total Fee
Streets and Thoroughfares
 Multifamily Residential
 Commercial
$874.83/unit
$1.94/ sq. ft.
$20,995.92
$9,991.00
Highway Interchanges &
Bridges
 Multifamily Residential
 Commercial
$4,466.73/unit
$9.91/ sq. ft.
$107,201.52
$51,036.50
Traffic Control Facilities
 Multifamily Residential
 Commercial
$359.00/unit
$0.80/ sq. ft.
$8,616.00
$4,120.00
General Facilities &
Equipment
 Multifamily Residential
 Commercial
$976.86/unit
$0.36/ sq. ft.
$23,444.64
$1,854.00
Storm Drainage Facilities
 Multifamily Residential
 Commercial
$1,073.22/unit
$0.90/ sq. ft.
$25,757.28
$4,635.00
Open Space Acquisition
 Commercial $5.77/ sq. ft. $29,715.50
Land Acquisition
 Multifamily Residential
$15,726.84/unit $377,444.16
Parks & Recreation Facilities
 Multifamily Residential $3,893.27/unit $93,438.48
Aquatics Facilities
 Multifamily Residential $243.74/unit $5,849.76
New Construction Tax
 Multifamily Residential
 Commercial
$500.00/unit
$0.0450/ sq. ft.
$12,000.00
$231.75
TOTAL $776,331.51
In 2021, the state legislature adopted Assembly Bill (AB) 571 which clarified that affordable units provided through application of state density bonus laws are not subject to “housing impact fees, including inclusionary zoning fees and in-lieu fees.” Staff understands this as meaning the City’s DIFs would not apply to any units set aside for 4745 Carpinteria Ave Mixed Use Concept Review
December 19, 2022

N:\Project Files\2022 (2139- )\2193 Klentner 4745 Carpinteria Ave Concept\FINAL Klentner Mixed Use Concept Review SR 2022-12-19.docx
affordable housing under the density bonus provisions. Accordingly, depending upon the final number of designated affordable units, the “per unit” DIFs (totaling $28,113.49 per unit) for the affordable units would be subtracted from the above estimated total DIF payment.

Further, AB 602, also adopted by the state legislature in 2021, established new requirements for the preparation of a local jurisdiction’s DIF nexus study. When the City next updates its nexus study, it will be done so in compliance with the requirements of AB 602. Projects approved or that pay applicable DIFs subsequent to the City’s adoption of an updated nexus study would be subject to the updated fees and fee categories reflected in that nexus study.

Finally, mitigation fees and similar charges from the various special districts who would serve the project may also apply to this project. These fees would be calculated by the respective districts, including the Carpinteria-Summerland Fire Protection District, the Carpinteria Sanitary District, the Carpinteria Valley Water District and the Carpinteria Unified School District. Estimates of any respective fees from the special districts were not obtained for the purposes of this conceptual review proposal.

SUMMARY OF ISSUES
The City Council, Planning Commission, and Architectural Review Board should comment on the following issue areas:
 Consistency with applicable City regulations;
 Balance and mix of uses provided (commercial vs. residential);  Use of density bonus, targeted income category and related incentives/waivers;  Compatibility with Downtown Core & “small beach town” character;  Compatibility with surrounding residential development on Ninth Street;  Building architecture and design; and
 Adequacy of on- and off-site parking, and vehicular circulation.

PRINCIPAL PARTIES EXPECTED AT MEETING
Justin Klentner, prospective buyer and developer
Michael Stroh, DMHA Architecture, project architect
Ryan Mills, DMHA Architecture, project designer
Interested citizens

ATTACHMENTS
Attachment A: Conceptual Plans
4745 Carpinteria Ave Mixed Use Concept Review
December 19, 2022

N:\Project Files\2022 (2139- )\2193 Klentner 4745 Carpinteria Ave Concept\FINAL Klentner Mixed Use Concept Review SR 2022-12-19.docx
Staff contact: Nick Bobroff, Senior Planner
805-755-4407 / [email protected]
Signature
Reviewed by: Steve Goggia, Director
Community Development Department
Signature
Reviewed by: Dave Durflinger, City Manager
Signature
Attachment A
Proposed Conceptual Plans
4745 Carpinteria Avenue Mixed Use Development
Conceptual Proposal
December 19, 2022 Joint City Council- Planning CommissionArchitectural Review Board Meeting SCALE :

MAB 2018/09/13
805.965.7777
1 N. Calle Cesar Chavez #102
Santa Barbara, CA 93103
www.DMHAA.com
4745 Carpinteria Avenue Mixed Use Development

SITE AERIAL
11/01/22
A1

PROJECT SITE
4745 CARPI NTERIA AVENUE
38,053 S.F.

APN: 003-251-008
4745 CARPINTERIA AVENUE

PROPOSED MIXED USE DEVELOPMENT
SCALE :

MAB 2018/09/13
805.965.7777
1 N. Calle Cesar Chavez #102
Santa Barbara, CA 93103
www.DMHAA.com
4745 Carpinteria Avenue Mixed Use Development

SITE CONTEXT PHOTOS
11/01/22
A2
SCALE :

MAB 2018/09/13
805.965.7777
1 N. Calle Cesar Chavez #102
Santa Barbara, CA 93103
www.DMHAA.com
4745 Carpinteria Avenue Mixed Use Development

SITE SURVEY
11/01/22
A3

CPD ZONING
30,968 SF
30'-0" Height

PRD ZONING
7,085.5 SF
50% Max.

Lot Coverage
30'-0" Height
NO

PARKING
OR

DEVELOPMENT
IN
CREEK

SETBACK

COVERED PARKING
59 SPACES
8 SPACES
10 SPACES
10 SPACES
12 SPACES
10 SPACES

NOT CREDITED TO PROJECT
UTIL.

UTIL.

PRIVATE

STORAGE
TRASH
Street Setback
20'-0"
19 SPACES
Transformer
Sideyard Setback
5'-0"
Street Setback
5'-0"

COMMERCIAL
3,800 S.F.

Franklin
Creek
Line of Floor Above
ELEV.

MACH.

PARKING REQUIREMENTS:

COMMERCIAL RETAIL: 6,000 SF / 250 = 24 SPACES
2 BEDROOM (11 UNITS) = 22 SPACES
1 BEDROOM (13 UNITS) = 13 SPACES
TOTAL REQUIRED = 59 SPACES
TOTAL PROVIDED = 59 SPACES

VISITOR SERVING COMMERCIAL

GENERAL COMMERCIAL
Line of Floor Above
Front
Yard
Setback
5'-0"
Cre
5 e
0 k
'
Setback
-0"
SCALE :

MAB 2018/09/13
805.965.7777
1 N. Calle Cesar Chavez #102
Santa Barbara, CA 93103
www.DMHAA.com
1" = 10'-0"
4745 Carpinteria Avenue Mixed Use Development

GROUND LEVEL
11/01/22
A4
1 7
8 9
10 11 12 13 14
2 3
4 5
6 15

COURTYARD
(PODIUM BELOW)
Commercial Patio 650 SF
2 BEDROOM
1 BEDROOM
1 BEDROOM
2 BEDROOM
1 BEDROOM 1 BEDROOM 1 BEDROOM 1 BEDROOM 1 BEDROOM
1 BEDROOM
1 BEDROOM
1 BEDROOM
1 BEDROOM
1 BEDROOM
1 BEDROOM

UPPER LEVEL

COMMERCIAL
2,200 SF
SCALE :

MAB 2018/09/13
805.965.7777
1 N. Calle Cesar Chavez #102
Santa Barbara, CA 93103
www.DMHAA.com
1" = 10'-0"
4745 Carpinteria Avenue Mixed Use Development

SECOND LEVEL
11/01/22
A5
LOT COVERAGE AT PRD ZONE IS APPROX.
4,847 SF/7,085 SF
=69% (DOES NOT COMPLY)
EACH SECOND LEVEL UNIT SHOWN AS APPROX.
24' X 40' (960 SF)
AS-OF-RIGHT DENSITY:
38,053 SF (20 DUA) = 18 UNITS
BONUS DENSITY:
39% OF UNITS AT MODERATE INCOME GRANTS
34% BONUS DENSITY + (3) INCENTIVES
BONUS DENSITY ACHIEVED: 6 ADDITIONAL
UNITS (24 TOTAL)
MODERATE INCOME UNIT TOTAL: 10 UNITS
INCENTIVES USED: PARKING MODIFICATION +
HEIGHT (3RD STORY) + PRD ZONE LOT

COVERAGE
16 24
23 22
21 20
17 18
19 OPEN TO

COURTYARD
BELOW
ROOF
1 BEDROOM
1 BEDROOM
2 BEDROOM
2 BEDROOM 2 BEDROOM
1 BEDROOM
1 BEDROOM
1 BEDROOM
1 BEDROOM
SCALE :

MAB 2018/09/13
805.965.7777
1 N. Calle Cesar Chavez #102
Santa Barbara, CA 93103
www.DMHAA.com
1" = 10'-0"
4745 Carpinteria Avenue Mixed Use Development

THIRD LEVEL
11/01/22
A6
UNITSS 21-24 ARE SHOWN APPROX. 24' X
40' (960 SF)
UNITS 16-18 AND 19-20 ARE SHOWN
APPROX. 34' X 48' (1,632 SF).

PODIUM COURTYARD
3RD FLOOR
2ND FLOOR
PODIUM
2ND FLOOR COMMERCIAL
1ST FLOOR COMMERCIAL
STAIR
MAX. ROOF HEIGHT: 36FT
SCALE :

MAB 2018/09/13
805.965.7777
1 N. Calle Cesar Chavez #102
Santa Barbara, CA 93103
www.DMHAA.com
4745 Carpinteria Avenue Mixed Use Development

ISOMETRIC VIEW
11/01/22
A7
SCALE :

MAB 2018/09/13
805.965.7777
1 N. Calle Cesar Chavez #102
Santa Barbara, CA 93103
www.DMHAA.com
4745 Carpinteria Avenue Mixed Use Development

RENDERINGS
11/01/22
A8
SCALE :

MAB 2018/09/13
805.965.7777
1 N. Calle Cesar Chavez #102
Santa Barbara, CA 93103
www.DMHAA.com
4745 Carpinteria Avenue Mixed Use Development

INSPIRATION IMAGERY
11/01/22
A9