Cneated: 2422-08-25 14:03:18 IESTI
4. The on-shore "launching area" means that area of beach from the easterly edge ofAsh Avenue on the east to the westerly city limit on the west. The off-shore "launching area" shall extend three hundred feet from the mean high tide line and shall be bounded by the westerly city limit to the west and a parallel line of sixty feet to the east of the westerly city limit.
B. Within the limits of any bathing beach in the city and within three hundred feet seaward of the mean high tide line, it is unlawful for any person or persons to do any of the following acts:
1. To ride, float on, or otherwise use any surfboard, or to engage in the sport of surfing with a surfboard, or to ride with or on a surfboard, on ocean waves or swells or the surf;
2. To use or operate any motorized vessel;
3. To launch or land any motorized vessel;
4. To moor, store or otherwise maintain any raft, motorized vessel, boat or other privately owned equipment except as such may be specifically authorized by the city manager or his authorized representatives;
5. To consume an alcoholic beverage or possess an open container of any alcoholic beverage as set forth in Section 9.08.010.
C. Within the limits of any launching area in the city it is unlawful for any person or persons to do any of the following acts:
'J.. Launch any motorized vessel between the hours of eight p.m. and eight a.m.; except such motorized vessel may be launched if its engine is not used within three hundred feet of the mean high tide line;
2. Operate any motorized vessel in excess of five miles per hour;
3. Moor, store, refuel, service or otherwise maintain any raft, motorized vessel or boat or other privatelyowned equipment except as such may be specifically authorized by the city manager or his authorized representatives;
4. Utilize, maintain or otherwise be in possession of trailers except when actually in the process of launching or retrieving any raft, motorized vessel or boat;
5. Launch any motorized vessel without first providing the on-duty lifeguard, if such lifeguard be on duty, with the State of California boat registration number (CF number);
6. Launch any motorized vessel without the operator thereof first familiarizing himself or herself with the rules, regulations, ordinances and statutes applicable to the permitted launching and operation of such motorized vessel in the area;
Operate any motorized vessel in violation of any applicable state or local law, ordinance, rule or regulation, including, but not limited to, limitations placed on noise levels; Launch without the appropriate number of personal flotation devices. All vessels, regardless of the means of propulsion, must have on board a U.S. Coast Guard approved personal flotation device (PFD) for each person on board said vessel. Such personal flotation devices shall be in a serviceable condition.
D. The provisions of this section shall not be deemed to prevent the operation or use of surfboards, boats or vehicles by any police officer, lifeguard or other duly authorized and appointed employee of the city or State of California or any agency or instrumentality thereof while in the performance of such person's official duties.
(Supp. No.45,8-221
7 8
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E Notwithstanding the definitions of "bathing beach" in subsection A3 of this section, and "on-shore launching area" in subsection 44 of this section, the city manager is authorized to establish a temporary alternate onshore launching area at the seaward end of Linden Avenue, subject to all other terms and conditions of this chapter, when it is determined by the city manager that the use of the Ash Avenue on-shore launching area is either unsafe or unusable for launching vessels, and only until such time that the city manager determines that the Ash Avenue location is again usable for that purpose. Said temporary launching area shall not exceed twenty-five feet in width and shall be clearly marked and posted with signs indicating directions and regulations for use of said temporary launching area. Said on-shore launching area shall be open only when said signs are posted and in place. All users of said temporary launching area shall obtain a seasonal permit for such use from the city prior to using said launching area. ln the event that use of the temporary on-shore launching area is determined by the city managerto constitute a public nuisance, as defined in California Penal Code Section 370, further use ofsaid on-shore launchijB area shall be suspended pending a public hearing before the city council whose decision regarding further use of said temporary on-shore launching area shall be final.
(Ord.506 52,!994; Ord.448 $ 1,1989; Ord.426 5 1, 1988: Ord.370 $ 1, 1985: Ord.358 S 1,1984: Ord.328 5 1, 1-982; prior code $ 4903)
( Ord. No. 644,5 3,8-9-2010 )
L2.24.060 Enforcement-Authority to ej ect vi olators.
The city manager, city police or such other deputies as duly appointed and designated by the city manager, or any peace officer, shall have the authority to eject from any public park or beach any person acting in violation of Sections t2.24.O70 through 72.24.050 or Section t2.24.090. (Ord. a67 $ 4 (part), 1991; Ord. 358 5 2, 1984: prior code 5 4904) t2.24.O7O Enforcement-Authority to confiscate property.
The city manager, city police or such other deputies as duly appointed and designated by the city manager, or any peace officer, shall have the authority to seize and confiscate any property, thing or device in the parks or beach, used in violation of Sections L2.24.010 through 12.24.05O or t2.24.O9O. (Ord.467 $ 4 (part), 1991: Ord. 358 5 3, 1984: prior code $ 4905) t2.24.O8O Enforcement-Authority to arrest.
The city manager, city police or such other deputies as duly appointed and designated by the city manager, or any peace officer, shall have the power to arrest in connection with the enforcement of any of the provisions of Sections t2.24.OLO through t2.24.O5O or L2.24.O9O.
(Ord. a67 5 4 (part), 1991: Ord. 358 S 4, 1984)
L2.24.O9O Protection of harbor seals.
Access to that portion of the city beach, starting at the base of the existing Chevron Pier and extending approximately seven hundred fifty feet easterly and westerly along the beach, with the exact boundary to be determined by the city manager (in consultation with qualified marine mammal experts), shall be closed at all times during the harbor seal pupping season, commencing each December lst and ending May 3lst of the following year.
(Supp. No.45,8-22)
A.
25268747.5
Created: 2022-08-25 14:03:18 [EST]
B. During such period, dogs or other animals shall be prohibited from the closed beach area and from an area adjacent to the closed beach area (adjacent area), to be determined by the city manager (in consultation with qualified marine mammal experts). No person shall, at any time during such period, allow any dog or other animal to be in the closed beach area or in the adjacent area, as posted.
C. During such period, no person, without prior authorization of the city manager, shall enter the closed beach a rea.
D. The city manager shall post such information and warning signs in and around the closed beach area to identify the closed beach area and adjacent area, and may erect appropriate fences if such are found to be necessary.
E. During such period, no person shall operate or use motorized vessels (as defined in Section 12.24.050) within three hundred (300) feet seaward of the mean high tide line for the length of the closed beach area, and no person shall operate or use personal watercraft within one thousand (1,000) feet seaward of the mean high tide lineforthe length of the closed beach area. "Personal watercraft" means a motorized vessel under sixteen (16) feet in length, designed to be capable of speeds in excess of twenty (20) miles per hour, and designed to be operated by a person sitting, standing, or kneeling on, or being towed behind the vessel, rather than the conventional manner of sitting or standing inside the vessel. (Ord. 470 $ 4, L991; Ord. 469 S 4, 1991: Ord. 469 S 4, 1991; Ord.470 5 4, L991: Ord. 465 $ 4, 1991: Ord. 460 I 4, lseo)
L2.24.LOO Assessment District No. 5.
Upon formation of Assessment District No. 5, and for the duration of the existence of Assessment District No. 5, the city shall contribute to Assessment District No. 5, from any sources of revenue not otherwise prohibited by law, an amount specified by the city council for the purpose of paying for a portion of the costs associated with the city's winter protection berm program conducted on the Carpinteria City Beach, and the payment of expenses incidental thereto for the use and benefit of Assessment District No. 5. All contributions by the city to Assessment District No. 5 shall be in an amount as determined by resolution or other appropriate action of the city council. (Ord. 483 $ 1, 1993)
(Supp. No. 45,8-221
25268747.5
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Created: 2022-08-25 14:03:18 [EST]
ATTACHMENT B
CITY OF CARPINTERIA
ADMINISTRATIVE POLICY
ADMINISTRATIVE POLICY FOR ENFORCEMENT OF
NO CAMPING REGULATIONS
(cMc 8.20 AND 12.241
PURPOSE AND AUTHORITY
The purpose of this policy is to provide the City Staff and the Sheriffs Office with information regarding the City's interpretation of what constitutes permissible enforcement of City Municipal Code ("CMC") 8.20 and 12.24 (collectively the "No Camping Regulations") in light of recent case law regarding enforcement of no camping ordinances, including Martin v. City of Boise ("Martin') and Johnson v. City of Grants Pass ("Grants Pass).
Martin prohibits enforcement of No Camping Regulations against individuals who do not have access to shelter. The decision does not, however, provide a clear definition for what constitutes "access to shelter". Also, importantly, footnote 8 of the decision specifically states that it:
o Does not apply to individuals who do have access to adequate temporary shelter but choose not to use it;
o Does not completely prohibit cities from banning sitting, lying, or sleeping outside at particular times or in particular locations;
o Does not prevent cities from prohibiting structures in public rights-of-way; and . Makes the valid enforcement of regulations depend on whether that law criminalizes an individual for not having "the means to live out the universal and unavoidable consequences of being human."
The Martin decision was recently applied in the Grants Pass decision. There are several key takeaways from the Granfs Pass case:
o This decision indicates that when considering whether there are "available shelter beds", a city should look only at shelters within its boundaries. . This decision indicates that both regulations prohibiting camping and civil penalties and enforcement of no camping regulations may be unconstitutional. . This decision is a reminder that the Eighth Amendment prohibits not only cruel and unusual punishment but also excessive fines.
25171846.3
Together, Maftin and Granfs Pass provide guideposts as to when and how enforcement of the City's No Camping Regulations is or is not constitutional.
ENFORCEMENT POLICY
The below policy summarizes the rules from Martin and Granfs Pass into an outline style flowchart that City staff and the Sheriffs Office can use when addressing potential violations of the City's No Camping Regulations. Exhibit 1, attached hereto, provides a visual flowchart of the below outline.
1. Assess fhe sifuation and consr'der whether a citation is warranted.l a. Consider the totality of the circumstances:
i. Have you encountered this person before? Have you issued them a warning?
ii. ls the person trespassing?
iii. ls the person violating the CMC provisions regarding parking of vehicles? iv. ls there an immediate health and safety concern, such as if the person is camping in an environmentally sensitive area?
v. Are there facts to suggest violation of some other law or CMC provision? vi. ls the person camping in violation of the No Camping Regulations? b. Based on the totality of the circumstances, use your discretion in determining the best next step. When faced specifically with someone that appears to be violating the No Camping Regulations, please be reminded that homeless persons are entitled to certain protections under the law such that it may not be appropriate to cite them under the No Camping Regulations. Keep moving through this flow chart to determine if a citation under the No Camping Regulations is permissible.
2. ls the person homeless?
a. How to determine:
i. Use reasonable discretion
ii. Ask the person what they are doing and why they are there iii. Ask if they have a home/accommodations available to them
1. Example: Person who is living out of their car permanently is homeless.
1 The purpose of this initial step in the process is to remind the reader of two things. First, the first time you encounter someone is not necessarily the first time you cite them. Second, regardless of whether the person is homeless and/or camping, the facts may indicate that a citation is warranted under other regulations and provisions of the CMC. The City staff person or SBSO officer should consider the totality of the circumstances, utilizing this policy as a guide in assessing the circumstances related to potential violation of the No Camping Regulations.
2 25171846.3
2. Example: Person who is sleeping in their car for the night as they road trip from their home,n SF down the coast is likely not homeless.
b. lf yes: Keep moving through flow chart.
c. lf no: Stop and enforce ordinance.
3. ls there space rn fhe ftomeless shelfers in the Regional Network? a. Note: Due to the small size of the City, the City works in conjunction with other local agencies to address and respond to homelessness on a regional basis.
This regional network is known as the County of Santa Barbara Continuum of Care ("CoC"). The City looks to all shelter options in the CoC rather than only the shelters in the City's boundaries.
b. How to determine if space is available:
i. Call the CoC's Coordinated Entry System phone line at 805-450-3558. ii. Call a CoC Diversion Specialist at 805-270-9581.
c. lf yes (i.e., space is available): Keep moving through flowchart d. lf no (i.e., space is not available): Alternative enforcement procedures2 i. Ask the person to move.
1. lf the person is in a car, consider giving them an Overnight Camping Notice, which includes information about local services for persons experiencing homelessness.
2. lf the person is camping outside, they should generally be given at least 72-hours to move their belongings. See the clean-up policy below.
ii. Offer information regarding resources and services, including informing the person that there are restrooms located near 9th Street that are open 24 hours per day.
iii. Offer information regarding transportation to shelters, even if such shelters are ones with barriers and/or out of the City. In offering this information, it is important to frame this as an offer and not a requirement.
The goal is to connect the person with services.
4. ls the shelter where there is space an accessible shelte/? a. How to determine:
i. An accessible shelter is one that does not have barriers to entry ii. Shelter cannot require person to be of a certain religion, require person to have a car, etc.
2 Note that the alternative enforcement procedures may be updated as the City updates its No Camping Regulations.
3 25171846.3
b. lf yes: Take to shelter. lf they refuse, enforce ordinance c. lf no: Alternative enforcement procedures (see above)
5. Shelter Options
a. There are currently several different types of shelter options available throughout the City and within the Regional Network, including those listed below. Not all of the below options are "accessible" shelters, but they still can and should be recommended to homeless persons in case the person meets the criteria to enter the shelter.
i. Reoional Network: The CoC maintains a website page with lists of local housing providers: https://www.countvofsb.orq/S72llocal-Providers. ii. Warminq Centers: Warming centers are activated in two situations: (1) there is a projection of 50% or higher for rain or (2) it is estimated that the temperature will be at or below 35 degrees. When activated, the warming center rotates its location between Carpinteria Veterans Hall and the Carpinteria Community Church. There are little to no barriers to entry to warming centers, except that the weather must be of a certain condition.
The warming centers do not offer beds, only mats.
iii. Safe Parkins Pilot Proqram: The City is in the process of establishing a Safe Parking Pilot Program, which will allow for overnight vehicle camping in specified locations and will include the provision of certain services.
This program is offered in conjunction with a third-party, New Beginnings.
For more information, callthe City at (805) 684-5405.
iv. Other: ln addition to the above options, there may be other private shelter options, such as shelter options offered by local churches or other similar groups.
POLICY FOR NON.DISCRIMINATORY ENFORCEMENT
City staff and law enforcement personnel shall treat all persons equally, regardless of their economic or living conditions. All persons have the right to use the public streets, parks, beaches and facilities so long as they are not engaged in specific activity that violates state or local laws. Factors such as race, sex, sexual preference, age, dress, unusual or disheveled or impoverished appearance do not alone justify enforcement action. Nor can generalized complaints by residents or merchants or others justify detention or citation of any person absent individualized suspicion or probable cause.
GENERAL NOTES
The law in this area is continually evolving, and we willwork to continually update this policy as necessary. Regardless of changes to the law, City staff and the Sheriffs Office should be mindful of the following:
4 25171846.3
. Act with compassion.
o Aim to connect persons experiencing homelessness with housing and services o Cite as a last resort.
. Reach out to the City Manager with questions or suggestions.
QUESTIONS?
lf you have any questions regarding this policy, contact the City Manager at [email protected], and please copy the City Program Manager of Emergency Services, Volunteers & Outreach at [email protected].
Policy Approved by
Dave Durflinger, City Manager Date
5 25171846.3
EXHIBIT 1
Flowchart
On next page
6 25171846.3
rt here!
No
RESPONDING TO COMPTAINTS RE ITLEGAL CAMPING
Consider the Totality of the Circumstances
Have you encountered this perso,r before? Have you issued them a waming?15 the person trespassing?15 the person violeting th€ CMC provisions regarding parking of vehicles?ls there an immediate health and safuty concem, such as if the person is camping in an environmentally unsafe area? Are there fucts to suggestviolation ofsome other law or cMc provision? lsthe person cemping in violation ofthe No Camping Regulations? Yes
Yes
How to Determine:
Use remable diqretion
Ask the person what they are doiog and why they areth€re Ask ifthey have a home/accoenmodations available tr
them
No
Alternative Enforcement Procedures: . Ask the person to mo\re, . offur information regarding resources and s€rvices . offierinformationregardingtrensportationto shelters, even iI such shelters are ones with
barriers and/or out of ttl'e city. ln offering this
infonnation, it is importantto frarne this as an offer
and not a reguirement. The goal is to connect the
person with services.
Yes
How to Determine: . call the CoCs Coordinated Entrysystem phofle line at 80545(}3558. . Call a coc DiveBion Specialist at 8(F27S,9581, . See note below re sheheroptions, No
Howto Determine:
An acressible shetter is one tlrat does nst have
barriers to efltry
sheher cannot require person to be of a certain
r€ligion, require person to have a car, etc
No
Yes
Note re Shelter Options . Regional Network: Due to the small size of the City, th€ City u,arts in conjundion with other local agencies to address and respond to homelessness on a regional b€s's through a regional netr,vorft is known as the county of santa Barbara continuum of care {*Cog). . Warmins @nters: Warming centers are activated in two situaUons: (1) there is a projection of 5O% or higher for rain or {2) it is estimated that the temperature will be at orbelow 35 degre€s When activated, the warmir€ center rotates its location between Carpinteria Veterans Hall and tt}e Carpinte,ia Community Ctrurch, . s#e Psrkins Pilot Prograrn: This is in the process of being established. . otlCt There may also be other Private sh€lter opuons available. ls the shelter
accessible?
Assess the
Situation
Do the No Camping
Regulations apply?
This chart is N/A
Use AlternativeEnforcementProcedures
ls the person
homeless?
ls there space in the
shelters?
Enforce
Ordinance
Take person to
shelter
25171846.3
ATTACHMENT C
Gity of Garpinteria
5775 Garpinteria Ave
Garpinteria, GA 930'13
OVERNIGHT CAMPING NOTICE
This is a notice that you may be in violation of the City of Carpinteria's regulations pertaining to public sleeping and camping, which are codified in Carpinteria Municipal Code Sections 8.20 and 12.24. To view the full text of the regulations, visit https ://l i b ra ry. m u n icod e. com/calca rp i nte ri a/cod es/cod e of_o rd i na n ces.
Resources for Persons Experiencing Homelessness
lf you are in crisis, call 911
lf you are experiencing homelessness or at risk of homelessness, you can connect with the Santa Barbara County Coordinated Entry System
o Diversion Specialist: 805-270-9581
o Coordinated Entry System: 805-450-3558
o https://wunr.countyofsb.o19/568/Steps-to-Getting-Help o https.//www.countyofsb.orglST2llocal-Providers
a
25171828.5
City of Carpinteria
COUNCIL AGENDA STAFF REPORT
April 24, 2023
ITEM FOR COUNCIL CONSIDERATION
Authorization concerning an easement and accompanying agreements for the Carpinteria Valley Water District El Carro Park Groundwater Monitoring Wells Project.
STAFF RECOMMENDATION
Authorize the City Manager to execute the Easement Deed, Easement Agreement, and License Agreement on behalf of the City of Carpinteria as property owner for the El Carro Park Groundwater Monitoring Wells Project.
Sample Motion: I authorize the City Manager to execute the Easement Deed, Easement Agreement, and License Agreement on behalf of the City of Carpinteria as property owner for the El Carro Park Groundwater Monitoring Wells Project. (This motion requires a roll call vote.)
BACKGROUND
The City received a development permit application from the Carpinteria Valley Water District (CVWD) for the El Carro Park Groundwater Monitoring Wells Project (City Permit Application No. 22-2140-CUP/CDP). The project proposes to install three (3) groundwater monitoring wells at El Carro Park, 5300 El Carro Lane, for the purpose of monitoring water levels and quality. Once installed, the groundwater monitoring wells would be incorporated into and become a component of the Carpinteria Groundwater Sustainability Agency's Groundwater Sustainability Plan. The City is also a member of the Carpinteria Groundwater Sustainability Agency
1 .
CVWD is in the process of developing a network of groundwater monitoring wells in the Carpinteria Groundwater Basin. The Sustainable Groundwater Management Act requires groundwater basins that are designated as either high- or medium-priority by the state to develop a sustainability plan. In 2019, the state designated the Carpinteria Groundwater Basin as a high-priority basin. In order to implement such a plan, the Carpinteria Groundwater Sustainability Agency would need to monitor groundwater conditions throughout the Carpinteria Groundwater Basin. As a part of a network of 1 On January 13, 2020, the City Council approved the City in joining the Carpinteria Groundwater Sustainability Agency and authorized execution of the Joint Exercise of Powers Agreement.
Carpinteria Valley Water District El Carro Park Groundwater Monitoring Wells Project April 24, 2023
groundwater monitoring wells, CVWD identified three locations within City properties including El Carro Park, Franklin Creek Park, and Memorial Park. CVWD also identified existing private agriculture wells in the unincorporated territories of the County of Santa Barbara that would also be a part of the network. The proposed groundwater monitoring wells could also be used for regulatory compliance of the future Carpinteria Advanced Purification Project
2 .
On June 10, 2022, the project's concept design as well as proposed easements were introduced to the Public Facility Site Acquisition/Development Committee in which they did not have objections. On June 27, 2022, the City Council authorized the City Manager to sign Permit Application No. 22-2140-CUP/CDP on behalf of the City of Carpinteria as property owner. In September 2022, the Planning Commission adopted Planning Commission Resolution No. PC-22-008, determining the project is consistent with the General Plan and Local Coastal Plan.
In January 2023, the Planning Commission adopted Planning Commission Resolution No. PC-23-001, granting a Conditional Use Permit and Coastal Development Permit for the project. In March 2023, a draft Easement Deed including details of the proposed easements were presented to the Public Facility Site Acquisition/Development Committee in which they did not have objections.
The purpose of this agenda matter is for the City Council to authorize the City Manager to execute the Easement Deed, Easement Agreement, and License Agreement on behalf of the City of Carpinteria as property owner for the El Carro Park Groundwater Monitoring Wells Project.
DISCUSSION
Easement Deed
The proposed Easement Deed, as shown in Attachment A, is for a permanent easement. The permanent easement is for the installation, access, maintenance, monitoring, replacement, and retrieval of data from the groundwater monitoring wells and their related facilities. These related facilities include, but are not limited to, · markers, manholes, monitoring devices, data logging devices, and all related incidents, fixtures, and appurtenances necessary for the use of the groundwater monitoring well.
The markers, manholes, and other related facilities would be located upon the ground surface and flush with the ground surface elevation. The Permanent Easement is an non-exclusive easement and is proposed as shown in Exhibit A of the Easement Deed.
In brief, the terms and conditions of the Easement Deed are as follows:
1. The improvement plans of groundwater monitoring well facilities shall be maintained by CVWD.
2 The Carpinteria Advanced Purification Project is a joint, collaborative project between the City, Carpinteria Valley Water District, and Carpinteria Sanitary District. The project proposes to purify recycled water and replenish the Carpinteria Groundwater Basin.
Carpinteria Valley Water District El Carro Park Groundwater Monitoring Wells Project April 24, 2023
2. CVWD shall have the right of ingress and egress for its personnel, vehicles, and equipment to and from the Permanent Easement. However, the City shall have the right to close such ingress and egress and to provide CVWD with comparable alternative access to the Permanent Easement as deemed reasonable by CVWD.
3. The Permanent Easement is subject to all existing fencing, drainage and utility easements, public roads, electrical transmission facilities, and communication lines and all future uses which do not directly or indirectly interfere with or endanger CVWD's exercise of its rights. CVWD shall have the right to clear and keep clear from the Permanent Easement. The City shall not construct nor permit others to construct permanent facilities which conflict with CVWD's ability to use the Permanent Easement.
4. Subsequent to the grant of the easements, the City shall not grant any easements of any kind whatsoever to others in, over, on, through, within, under and across the easements without the prior written approval of CVWD, which approval shall not be withheld unreasonably.
Details of the terms and conditions are shown in the Easement Deed.
Easement Agreement
Accompanying and concurrent with the Easement Deed for the permanent easement, the proposed Easement Agreement, as shown as Attachment B, stipulates terms and conditions that are to be mutually agreed upon by the City and CVWD. Of note, CVWD must pay administrative costs to the City; and indemnify and hold harmless the City from claims, damages, costs, judgments, or liability caused by CVWD arising from CVWD's entry and mitigation on the City's property during the easement period. In turn, the City must provide CVWD use of the permanent easement free of any leases over the City's property that may conflict with CVWD's rights under the Easement Deed, agrees to hold CVWD harmless, and reimburse CVWD for any and all of its losses and expenses and occasioned by reason of all leases of the City's property held by tenants of the City.
Mitigation measures and other conditions of approval are already tied to the CVWD project under City Permit No. 22-2140-CUP/CDP, and the Easement Agreement references thereto. Details of the terms and conditions are shown in the Easement Agreement.
License Agreement
The proposed License Agreement, as shown as Attachment C, is for all temporary uses necessary in conjunction with the construction and installation of the project including equipment and material staging, fencing, soundwall, and other miscellaneous associated activities. The licensed area is shown in the License Agreement. The License Agreement would be effective at 15 days after issuance of a written notice by Carpinteria Valley Water District El Carro Park Groundwater Monitoring Wells Project April 24, 2023
CVWD to the City. The License Agreement would terminate upon completion of the project or one year after commencement, whichever occurs first. Details of the terms and conditions are shown in the License Agreement.
POLICY CONSISTENCY
The recommendation is consistent with the Sustainable Groundwater Management Act (SGMA). The SGMA is overseen by the California Department of Water Resources and enforced by the California State Water Resources Control Board. The Carpinteria Groundwater Sustainability Agency, which comprises of the City, CVWD, Santa Barbara County Water Agency, and County of Ventura, is required to manage the Carpinteria Groundwater Basin in accordance with the SGMA.
The recommendation is also consistent with the following objectives of the Public Facilities and Services Element in the General Plan and Local Coastal Use Plan:
Objective PF-1: To ensure the provision of adequate water supplies by minimizing consumption and investigating new sources either in existing supply or outside existing sources.
FINANCIAL CONSIDERATIONS
There is no cost associated with the recommendation. As with any other development permit, there would be administrative costs for processing. Such costs are borne by the permit applicant.
LEGAL AND RISK MANAGEMENT CONSIDERATIONS
The City must be signatory as the legal property owner for the Easement Deed, Easement Agreement, and License Agreement.
OPTIONS
The City Council could choose:
1. Authorize the City Manager to execute the Easement Deed, Easement Agreement, and License Agreement on behalf of the City of Carpinteria as property owner for the El Carro Park Groundwater Monitoring Wells Project. (Staff recommendation)
2. Direct staff concerning any changes as determined necessary.
3. Decline to approve the recommendation.
PRINCIPAL PARTIES EXPECTED AT MEETING
Robert McDonald, General Manager, Carpinteria Valley Water District Carpinteria Valley Water District El Carro Park Groundwater Monitoring Wells Project April 24, 2023
ATTACHMENTS
Attachment A:
Attachment B:
Attachment C:
Easement Deed
Easement Agreement
License Agreement
Staff contact:
John L. Ilasin, Public Works Director
(805) 880-3402; [email protected]
Reviewed by:
Dave Durflinger, City Manager
(805) 755-4400; [email protected]
b4' ~,gn-
a
,
t '
he t~
ATTACHMENT A
Easement Deed
Recording requested by:
Hamner, Jewell & Associates
Government Real Estate Services
When recorded, mail to:
Carpinteria Valley Water District
Attn: General Manager
1301 Santa Ynez Ave.
Carpinteria, CA 93013
APN: 004-005-004
Property Address: 5300 El Carro Lane Carpinteria, California Exempt from the $75 Building and Jobs Act Fee per Gov't Code §27388.1 (2)(0) Public Agency No Documentary Transfer Tax per R&T Code § 11922
No Recording Fee per Government Code§ 27383
EASEMENT DEED
(For Permanent Easement)
For a valuable consideration, receipt of which is hereby acknowledged, City of Carpinteria (hereinafter referred to as "Grantor"), hereby grants to
Carpinteria Valley Water District, a County Water District organized pursuant to Water Code§§ 30000 (hereinafter referred to as "Grantee"),
a permanent easement ("Well Easement") in, over, on, through, within, under, and across the Easement Area (defined below) to access, monitor, retrieve data from, maintain, repair, and, to the extent reasonably necessary, remove and replace the groundwater monitoring wells and related facilities. These "Related Facilities" may include, but are not limited to, markers, manhole covers, monitoring devices, data logging devices, and all related incidents, fixtures, and appurtenances necessary for the use of the groundwater monitoring well. The Related Facilities may be located upon the ground surface provided that they are flush with the ground surface elevation. "Easement Area" means the property described and depicted in Exhibit A attached hereto and incorporated by reference herein, which is a portion of Grantor's property located at 5300 El Carro Lane, Carpinteria, California and identified by Assessor Parcel Number 004-005-004 ("Grantor's Property").
The Well Easement shall be SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
1. Plans for all improvements installed in the Easement Area shall be maintained at the Grantee's principal offices.
2. Grantee shall have the right of reasonable ingress and egress over lanes, drives, rights-of-way, and roadways within Grantor's Property which now exist or which hereinafter may be APN 004-050-004
25490935.3
City of Carpinteria/ Carpinteria Valley Water District
constructed for personnel, vehicles, and construction equipment to and from the Easement Area as may be convenient and necessary for the purpose of exercising the rights herein set forth; provided, however, that nothing herein shall prevent or limit Grantor's rights to close such roadways, lanes, or rights-of-way, and to provide Grantee with comparable alternative access to the Well Easement.
3. The Well Easement is subject to all existing fencing, drainage and utility easements, public roads, electrical transmission facilities, and communication lines existing on the date this document is signed by Grantor, and all future uses which do not directly or indirectly interfere with or endanger Grantee's exercise of the rights described herein.
4. Subsequent to the grant of the Well Easement, Grantor shall not without the prior written approval of Grantee, which approval shall not be unreasonably withheld, (i) grant any easements that conflict with Grantee's ability to use the Well Easement for the rights granted herein in, over, on, through, within, under and across Easement Area or (ii) construct, or permit others to construct, permanent facilities in the Easement Area that conflict with Grantee's ability to use the Well Easement for the rights granted herein. Grantee shall have the right to clear and keep clear from the Easement Area buildings, structures, walls, permanent facilities, and earth cover or stockpile of material that interfere with Grantee's use of Well Easement and that are installed or placed on the Easement Area subsequent to the grant of this Well Easement without the Grantee's written consent, provided that Grantee first notify Grantor of the issue and give Grantor a thirty (30) day opportunity to correct the same.
5. The rights granted herein are subject to Grantee's compliance with (i) the terms ofan Easement Agreement executed by Grantor and Grantee concurrently herewith, (ii) the Conditional Use Permit/Coastal Development Perm it No. 22-2140-CUP/CDP issued to Grantee by Gran tor, and (iii) all applicable federal, state, and local laws, rules, regulations, and ordinances.
Executed this __ day of _
GRANTOR:
City of Carpinteria
,.
By: _
Name: Dave Durflinger
Title: City Manager
APN 004-050-004
25490935.3
City of Carpinteria I Carpinteria Valley Water District 2 ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of --------
On before me, , Notary
Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _ (Seal)
APN: 004-050-004
25490935.3
City of Carpinteria/ Carpinteria Valley Water District
3 CERTIFICATE OF ACCEPTANCE
This is to certify that the Carpinteria Valley Water District hereby accepts for public purposes the real property, or interest therein, described in that Easement Deed dated --------
from the City of Carpinteria, Grantors therein, to the Carpinteria Valley Water District, Grantee therein, and consents to the recordation thereof.
In Witness Whereof, I have hereunto set my hand this day of , 20_ Carpinteria Valley Water District
By:---------------
Name:
Title:
ATTEST:
By: ---------------- Name:
Title:
APN 004-050-004
25490935.3
City of Carpinteria/ Carpinteria Valley Water District
4 EXHIBIT A
Legal Description and Depiction of Easement Area
APN: 004-050-004
25490935.3
City of Carpinteria/ Carpinteria Valley Water District
5 WELL EASEMENT
Exhibit A
A PORTION OF PARCEL 2 OF PARCEL MAP No. 25,135,, BEING A SUBDIVISION OF A PORTION OF THE
OUTSIDE OF PUEBLO LANDS OF THE CITY OF SANTA BARABARA IN THE COUNTY OF SANTA BARBARA
STATE OF CALIFORNIA, AS SHOWN ON THE MAP FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY IN BOOK 42, PAGES 21 THROUGH 22 OF PARCEL MAPS, DESCRIBED AS FOLLOWS:
COMMENCING ON THE EAST LINE OF LOT 6 OF TRACT MAP 25,091 AS SHOWN IN BOOK 125 PAGE 94 OF MAPS. DISTANT 42.72 FEET SOUTH 12"38'25" WEST FROM THE NORTH EAST CORNER OF SAID LOT 6; 1) THENCE ALONG SAID EASTERLY ALONG THE EASTERLY LINE OF SAID TRACT 25,091 ALONG LOTS 6, 7, AND 8, NORT 12"38'25" EAST 115.01 FEET; 2) THENCE LEAVING SAID EASTERLY LINE OF TRACT 25,091 LINE AT RIGHT ANGLES SOUTH 77"21'35" EAST 24.00 FEET TO THE TRUE POINT OF BEGINNING; 3) THENCE PARALLEL WITH THE EASTERLY LINE OF TRACT 25,091 AND DISTANT 24.00 FEET MEASURED AT RIGHT ANGLES NORTH 12° 38"25' EAST 120.00 FEET TO AN ANGLE POINT OF SAID WELL EASEMENT BEING DESCRIBED;
4) THENCE SOUTH 77 21'35" 10.00 FEET TO AN ANGLE POINT OF SAID WELL EASEMENT BEING DESCRIBED;
5) THENCE PARALLEL TO THE EASTERLY LINE OF SAID TRACT 25,091 SOUTH 12"38'25" WEST 120.00 FEET TO AN ANGLE POINT OF SAID WELL EASEMENT BEING DESCRIBED; 6) THENCE NORTH 77"21'35" WEST 10.00 FEET TO THE TRUE POINT OF BEGINNING;
END OF DESCRIPTION
The ar~f the above described is 1,200 square feet more or less. . \.AND .
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10 WELL EASEMENT
EXHIBIT A
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9 for EL CARRO PARK
- COUNTY OF SANTA BARBARA -
- STATE OF CALIFORNIA -
-APRIL 2022-
WATERS CARDENAS LAND SURVEYING, LLP
JOSE V. CARDENAS & BARRY J. WATERS
LICENSED LAND SURVEYORS
5553 HOLLISTER AVE.-STS. 7&8- GOLETA, CALIFORNIA 93117
PHONE: (805) 967-4416
SCALE: 1" = 50' WC W.0. #22-1129
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ATTACHMENT B
Easement Agreement
THIS PAGE INTENTIONALLY LEFT BLANK
PROPERTY APN: 004-005-004
PROPERTY ADDRESS: 5300 El Carro Lane, Carpinteria, California PROJECT: Carpinteria Valley Water District -
El Carro Park Groundwater Monitoring Wells Project
EASEMENT AGREEMENT
(Permanent Easement and License)
THIS AGREEMENT is made and entered into by and between the City of Carpinteria (hereinafter called "City") and the Carpinteria Valley Water District (hereinafter called "District"), collectively hereinafter called "Parties." An instrument in the form of an Easement Deed (hereinafter called "Deed") for a permanent easement (hereinafter called "Well Easement") and a License Agreement for temporary construction purposes (hereinafter called "License") covering City's property (hereinafter called "Property") particularly described therein have been executed concurrently with this Agreement and delivered to District.
In consideration of which, and other considerations hereinafter set forth, it is mutually agreed as follows:
1. Parties have herein set forth the whole of their agreement. The performance of this Agreement constitutes the entire consideration for grant, acceptance, and/or use of Property.
2. District shall:
A. PAYMENT- Directly pay City all application, permit, and processing fees associated with City review, approval, and execution of Deed and License promptly after invoiced to District.
B. RECORD A TION OF INSTRUMENT - Accept Deed and cause the same to be recorded in the office of the Santa Barbara County Recorder.
C. MISCELLANEOUS COSTS - Pay any and all transactional closing costs incurred in connection with the grant, acceptance, and/or use of Property.
D. INDEMNIFICATION - Indemnify and hold harmless City from any and all claims, damages, costs, judgments, or liability caused by District or its officers, employees, contractors, or agents specifically arising from District's exercise of its rights under Deed and License.
E. EASEMENT ACTIVITY - Exercise its rights under Deed and License in accordance with all applicable laws and the terms of the City and City Conditional Use Permit/Coastal Development Permit No. 22-2140-CUP/CDP. District shall exercise its rights in a safe, prudent, and professional manner.
APN: 004-050-004 Carpinteria Valley Water District - El Carro Park Groundwater Monitoring Wells Project
25416303.2
F. LIENS - Pay all contractors when due and keep Well Easement free from all mechanic's liens.
G. INSURANCE- Maintain adequate insurance and name City as an additional insured.
H. NO INTERFERENCE - District shall not interfere with City's use of Well Easement or surrounding City property.
3. City shall:
A. LEASE - Provide District use of Well Easement, as described in Deed, free of any leases over Property that may conflict with District's rights under Deed.
4. Parties agree:
A. ARTICLE HEADINGS -Article headings in this Agreement are for convenience only and are not intended to be used in interpreting or construing the terms, covenants and conditions of this Agreement.
B. COUNTERPARTS -This Agreement may be executed in counterparts, each of which so executed shall irrespective of the date of its execution and delivery be deemed an original, and all such counterparts together shall constitute one and the same instrument.
C. COMPLETE UNDERSTANDING - This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof, superseding all negotiations, prior discussions, and preliminary agreements or understandings, written or oral.
This Agreement may not be amended except in writing by the parties hereto or their successors or assigns.
E. APPROVAL - This Agreement is not binding upon Parties until executed by the appropriate official(s) acting in their authorized capacity.
CITY OF CARPINTERIA:
By: _
Name: Dave Durflinger
Title: City Manager
Dated: -----------
CITY'S MAILING ADDRESS:
City of Carpinteria
Attn.: City Manager
5575 Carpinteria Ave.
Carpinteria, CA 93117
APN: 004-050-004 Carpinteria Valley Water District- El Carro Park Groundwater Monitoring Wells Project
25416303.2
CARPINTERIA VALLEY WATER DISTRICT
By: _
Name: Robert McDonald
Title: General Manager
Dated: -----------
DISTRICT'S MAILING ADDRESS
Carpinteria Valley Water District
Attn.: General Manager
1301 Santa Ynez Ave.
Carpinteria, CA 93013
ATTEST:
By: _
Name: Brian C. Barrett, CMC
Title: City Clerk
APPROVED AS TO FORM:
By: _
Name: Jena S. Acos
Title: Acting as City Attorney on behalf of
Brownstein Hyatt Farber Schreck,
LLP for the City of Carpinteria
APN: 004-050-004 Carpinteria Valley Water District - El Carro Park Groundwater Monitoring Wells Project
25416303.2
ATTACHMENT C
License Agreement
THIS PAGE INTENTIONALLY LEFT BLANK
Property APN: 004-005-004
Property Address: 5300 El Carro Lane, Carpinteria, California Project: Carpinteria Valley Water District - El Carro Park Groundwater Monitoring Wells License Agreement
This License Agreement ("License Agreement") is by and between the City of Carpinteria ("City") and the Carpinteria Valley Water District ("District"), collectively hereinafter called "Parties" and is effective as of , 2023.
RECITALS
A. City owns the real property located at 5300 El Carro Lane, Carpinteria, California which is used by City for a public park and is identified as APN 004-005-004 ("City Property").
B. District seeks permission to enter upon City Property, within that certain area ("License Area") as described in Exhibit "A" and depicted in Exhibit "B", which are attached hereto and made a part hereof, for all uses necessary in conjunction with the construction and installation of groundwater monitoring wells ("District Facilities") including equipment and material staging, fencing, soundwall, and other miscellaneous associated activities.
C. Subject to the terms and conditions of City as issued under City Conditional Use Permit/Coastal Development Permit No. 22-2140-CUP/CDP, City will issue approval to District for District Facilities, and by execution of License Agreement City will issue approval to District for use of License Area.
LICENSE AGREEMENT and TERMS
NOW, THERFORE, City and District agree as follows:
1. City grants a license to District for use of License Area subject to the terms of License Agreement and City Conditional Use Permit/Coastal Development Permit No. 22-2140- CUP/CDP.
2. License Agreement shall commence 15 days after issuance by District to City of a written Notice of Construction Commencement and shall terminate upon completion of District Facilities, or one year after commencement, whichever occurs first.
3. The license, as granted by City, is revokable at any time and at the sole discretion of City.
At any time, City can provide District with written Notice to Terminate license and cease use of License Area, and District shall have 60 days after said notice to cease all use of License Area.
4. District shall have the exclusive right to use License Area during the term of this License Agreement and may fence License area from commencement through completion and restrict access thereto by City and others. Upon completion of District Facilities, District shall mitigate License Area in accordance with City Conditional Use Permit/Coastal Development Permit No. 22-2140-CUP/CDP at no expense to City.
5. District shall indemnify and hold harmless City from any and all claims, damages, costs, judgments, or liability caused by District or its officers, employees, contractors, or agents specifically arising from District's exercise of its rights under License Agreement.
CITY OF CARPINTERIA:
By: Dated: _
Name: Dave Durflinger
Title: City Manager
CARPINTERIA VALLEY WATER DISTRICT
By: Dated: _
Name: Robert McDonald
Title: General Manager
2 License Agreement
Exhibit A
A PORTION OF PARCEL 2 OF PARCEL MAP No. 23,135, BEING A SUBDIVISION OF A PORTION OF THE
OUTSIDE OF PUEBLO LANDS OF THE CITY OF SANTA BARABARA IN THE COUNTY OF SANTA BARBARA
STATE OF CALIFORNIA, AS SHOWN ON THE MAP FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY IN BOOK 42, PAGES 21 THROUGH 22 OF PARCEL MAPS, DESCRIBED AS FOLLOWS:
COMMENCING ON THE EAST LINE OF LOT 6 OF TRACT MAP 25,091 AS SHOWN IN BOOK 125 PAGE 94 OF MAPS. DISTANT 42.72 FEET SOUTH 12°38'25" WEST FROM THE NORTH EAST CORNER OF SAID LOT 6; 1) THENCE LEAVING SAID EASTERLY ALONG THE NORTHERLY LINE OF LOTS 1 THROUGH 4 OF SAID TRACT 25,091 SOUTH 75°44'56" EAST 269.67 FEET TO THE NORTH EAST CORNER OF SAID LOT 1;
2) THENCE LEAVING SAID NORTHERLY TRACT25,091 AT RIGHT ANGLES NORTH 14°15'04" 45.00 FEET TO THE TRUE POINT OF BEGINNING; 3) THENCE CONTINUEING NORTH 14° 15"04' 80.00 FEET TO AN ANGLE POINT OF SAID TEMPORARY CONSTRUCTION EASEMENT BEING DESCRIBED;
4) THENCE PARALLEL TO LOTS 1 THROUGH 4 OF SAID TRACT 25,091 NORTH 75°44'56" WEST 173.15 FEET TO AN ANGLE POINT OF SAID TEMPORARY CONSTRUCTION EASEMENT BEING DESCRIBED;
5) THENCE PARALLEL TO THE EASTERLY LINE OF SAID TRACT 25,091 NORTH 12°38'25" EAST 143.18 FEET TO AN ANGLE POINT OF SAID TEMPORARY CONSTRUCTION EASEMENT BEING DESCRIBED;
6) THENCE NORTH 77°21'35" WEST 100.00 FEET TO THE EASTERLY LINE OF SAID TRACT 25,091. DISTANT 17.31 FEET SOUTH 12°38'25" WEST FROM THE NORTH EAST CORNER OF LOT 10 OF SAID TRACT 25,091;
7) THENCE ALONG THE EASTERLY LINE OF TRACT 25,091 SOUTH 12°38'25" WEST 220.40 FEET TO A POINT DISTANT 45.02 FEET NORTH 12°38'25" EAST FROM THE EASTERLY ANGLE POINT AS SHOWN OF SAID LOT 6 ON SAID TRACT MAP 25,091; 8) THENCE LEAVING SAID EASTERLY LINE OF SAID TRACT 25,091 ON A LINE PARALLEL TO THE NORTHERLY LINE OF LOTS 1 THROUGH 4 OF SAID TRACT MAP 25,091 SOUTH 75°44'56" EAST 270.94 FEET TO THE TRUE POINT OF BEGINNING.
END OF DESCRIPTION
The area of the above described is 35,942 square feet more or less. ___ .,,,/'l AN 0--- ...
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- STATE OF CALIFORNIA -
-APRIL 2022-
WATERS CARDENAS LAND SURVEYING, LLP
JOSE V. CARDENAS & BARRY J. WATERS
LICENSED LAND SURVEYORS
5553 HOLLISTER AVE.-STS. 7&8- GOLETA, CALIFORNIA 93117
PHONE: (805) 967-4416
SCALE: 1" = 50' WC W.O. #22-1129
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City of Carpinteria
Councr- Aoeuoe Srnrr Reponr
April 24,2023
ITEM FOR COUNCIL CONSIDERATION
Amendments to the Downtown "T" Encroachment Guidelines, authorizing a parklet as an allowed encroachment of the City of Carpinteria public right-of-way in the Downtown "T" Business District, and disposition of the outdoor space permit program for private property.
STAFF RECOMMENDATION
1. Adopt Resolution No. 6174, approving the amended Downtown "T" Encroachment Guidelines.
2. Direct staff in the selection of a cost recovery rate towards purchase of prefabricated modular parklets.
3. Direct staff with respect to the development of an outdoor space permit program for private property.
4. Initiate process to extend the Temporary COVID-19 Outdoor Business Permit Program.
Sample Motion: I move to
1. Adopt Resolution No. 6174, approving the amended Downtown "T" Encroachment Guidelines.
2. Direct staff in the selection of a cost recovery rate towards purchase of prefabricated modular parklets.
3. Direct staff with respect to the development of an outdoor space permit program for private property.
4. Initiate process to extend the Temporary COVID-19 Outdoor Business Permit Program.
BACKGROUND
Temporary COVID-I9 Outdoor Business Permit Program
On May 21,2020, the COVID-19 Recovery Committee recommended the enactment of temporary permit regulations in order to allow for essential and lower-risk businesses to use their private property outdoor spaces and City public rights-of-way for limited business operations in a manner consistent with the health orders of the County of Santa Barbara Health Officer. Specifically, because the health orders' social distancing Downtown "T" Encroachment Guidelines Amendment
April24,2023
1 The Downtown "T" Encroachment Guidelines have been in place since its adoption in 200g (City Council Resolution No. 5092).
requirements effeclively prohibited indoor dining and other gatherings, the COVID-19 Recovery Committee supported allowing owners/operatorslo temp6rarily conduct such business activities outdoors in order to support the businesses duiing th6 pandemic. on May 26,2020, the city council approved urgency ordinance No. 744, which established the Tempo_rary COVID-19 Outdoor Business Permit Program (Temporary Program) for allowing limited business operations in the City's publiiright-of-wiy and privately-owned outdoor spaces, as well as waiving the related'City feJs for the permits.
Tte.Tempolary Program was subsequently extended by the City iouncil four times (Ordinance Nos. 746,749,754, and 761) since its adopiion and currenfly is set to expire on June 30,2023.
Concurrent with its second extension of the Temporary Program (Ordinance No. 74g), the City Council also directed staff to initiate the iegislitive process for parklets to be allowed as anothertype of encroachment into City rights-of-way under ihe Downtown "T" Encroachment Guidelines.l The current extension was intended to allow parklets permitted under the Temporary Program to remain in place until the City amends the Downtown "T" Encroachment Guidelines. The Tempoiary Program extension is also intended to allow sufficient time for existing holders of Temporary Program permits to apply for a new encroachment permit under an amended Downtown "1" Encroachment Guidelines (should o1e be adopted by the City Council), for the City to reviedapprove the application, and for installation of the parklet.
Since the beginning of the Temporary Program, ten (10) permits have been issued for business operations in the City's public right-of-way. Twenty-One (21) permits have been issued for business operations in privately-owned outioor spaces. Seven (7) of the public right-of-way permits are for parklets. The design of the existing parkleis'vary from fully built enclosed spaces to tables and chairs protected by City-initalled concrete barrier rails.
Stakeholder Outreach
ln March 2022, staff conducted an in-person public workshop at The Carpinteria Seal Fountain, 850 Lind.en Avenue. The public workshop was an opportunity for the Downtown "T" business owners to provide input on the potentlat prefabricated modular parklet designs. During the public workshop, staff disseminated survey forms about concept_designs and other various survey questions about parklet locitions, number, and preferences, among others. Staff received a total of thirteen (13) completed surveys.
ln June 2022, staff presented the proposed amended Downtown "T" Encroachment Guidelines (amended Guidelines) to the City Council's Public Facility Site Acquisition/Development Committee, including adding an allowancefor parklets. The Committee provided general direction as to aesthetici, size of parklets, noticing of adjacent businesses, potential restrictions on the number of parklets that could be permitted, and for the parklets' walls to have open railing typbs for public safety.
Downtown "T" Encroachment Guidelines Amendment
April24,2023
ln July 2022, staff presented the amended Guidelines to the Traffic Safety Committee (TSC). The TSC recommended for access to be in compliance with the Americans with Disabilities Act (ADA) standards, consideration of accommodating larger parklets where street widths could accommodate them, incorporation of open railing designs, and for parklets to be closed to the public when not in use by the business.
The amended Guidelines were presented to the Architectural Review Board (ARB) at its meeting in July 2022. Only two Downtown "T" businesses, Giannfranco's Trattoria (666 Linden Avenue) and The Worker Bee Caf6 (973 Linden Avenue), commented. Neither of those businesses supported parklets in the City's public rights-of-way. After receiving the public comments, the ARB recommended for standardized design details including open railings, allowances for low intensity, night sky-friendly lighting, prohibition of permanent roofs, incorporation of landscaping within parklets, selection of durable materials for ease of maintenance, and a prohibition of business signage in or on the parklet.
ln September 2022, staff conducted a second survey of the Downtown "T" businesses regarding whether there is interest in a permanent parklet program. The survey queried permit holders of existing temporary parklets on: 1) if they were interested in replacement of temporary parklets with permanent ones; and 2) if the cost of the prefabricated modular parklets would change their interest. The City sent out seven surveys and received responses from each of the permit holders. All seven of the respondents favored a permanent parklet program; however, four of the respondents said they would likely decline to participate if initial parklet costs to the business remained in the estimated range of $14,000 to $16,000.
On December 5, 2022, the Planning Commission recommended (4-1 vote) for the City Council to approve Resolution No. 6174, which, if adopted, would approve the amended Guidelines including the permitting of parklets. The Planning Commission action included direction to revise the amended Guidelines as follows:
o Allow an initial five-year permit term for parklets.
. Allow heaters and canopies to remain stored in parklets after business hours. o Allow parklets to remain in place during the Avocado Festival.
At the Downtown "T" Business Advisory Board (DTBAB) meeting of January 5,2023, staff presented the amended Guidelines as modified by the Planning Commission. The DTBAB received staffs report and found no exceptions.
At its regular meeting of February 13, 2023, the City Council reviewed the amended Guidelines and took the following actions:
o Referred to the Finance Committee for recommendations concerning appropriate permit fee for a parklet
. Requested for information of potential number of parklets to be allowed; . Requested for information of options for grandfathering existing temporary parklets; and
Downtown "T" Encroachment Guidelines Amendment
April24,2023
. Requested for information of additional design options for prefabricated modular parklets.
The purpose of this agenda matter is for the City Council to consider adoption of Resolution No. 6174, approving the amended Guidelines, direct staff in the selection of a.cost recovery rate towards purchase of a prefabricated modular parklet, direct staff with respect to the development of an outdoor space permit program for private property, and initiate process to extend the Temporary COVID-19 Outdoor Business Permit Program. Given the complexity of options for establishing a fee associated with a parklet permit program and the need for input from the City to w-ork on the cost of service study update, the matter of the permit fee establishment is currenfly being deveLoped. Once complete, a proposed permit fee will be presented to the City C-ouncil at a future date. ln the meantime, this agenda matter is also for the City Council to direct staff in the selection of a cost recovery rate towards purchase of a prefabricated modular parklet.
DISCUSSION
The Temporary Program is currently set to expire on June 30,2023, in accordance with urgency Ordinance No. 761, which a copy is shown as Attachment A. Should the amended Guidelines take effect through adoption of the proposeO City Council resolution, the amended Guidelines would be effective on July 1,2023. The processing of permits for encroachments other than parklets will continue as normal und-er the current Downtown "T" Encroachment Guidelines during the period when the amended provisions and fees are being established.
Amended Downtown "T" Encroachment Guidelines
Pursuant to Section 12.08.105 (Commercial use of rights-of-way) of the Carpinteria Municipal Code, the Downtown "T" Encroachment Guidelines may be modified from time to time. The amended Guidelines are a part of Resolution trt6. Ot T4 as shown in Attachment B. The amended Guidelines would continue to be exclusively applicable to the City's public right-of-way in the Downtown "T" business district.
The proposed modification to the existing Downtown "T" Encroachment Guidelines would add parklets as a permissible type of encroachment. The modification for a parklet was based, in part, on input from Downtown "T" businesses that participated in a public workshop and survey, as well as the recommendations from the various aforementioned City advisory and discretionary bodies. The table below provides a summary of topics addressed and recommendations of the various City advisory and discretionary bodies, and where related provisions are located in the pioposed - amended Guidelines.
nt Committee
Recommendation Amended Guidelines Section
. Aesthetics DEG25 through DEG46,
Add itional Parklet Amenities,
Pre-Approved Parklet Vendors
Public Facil Site uisitio
Downtown "T" Encroachment Guidelines Amendment
April24,2023
Traffic Committee
Architectural Review Board
Planni Commission
o Size of parklets DEG25, DEG37, DEG38,
DEG39, DEG42, Parklet Plan
View and Section View Layouts
r Noticing of adiacent businesses Custom Parklet
o Potential restrictions on the number of parklets
that could be permitted
lnitial Term of Permit
o Parklets walls to be of open railing types for
public safetv
DEG38
Recommendation Amended Guidelines Section
o Access to be in compliance with the Americans
with Disabilities Act standards
DEG36
o Consideration of accommodating larger parklets DEG25
where street widths could accommodate them
. lncorporatinq open railing desiqns DEG38
o Parklets to be closed to the public when not in
use bv the business
Not considered by Planning
Commission; DEG30
Recommendation Amended Guidelines Section
o Standardized design details including open
railinos
DEG38
o Allowances for low intensity Additional Parklet Amenities o Niqht skv-friendlv liqhtinq Additional Parklet Amenities . Prohibition of permanent roofs DEG43
o lncorporation of landscaping within parklets Additional Parklet Amenities o Selection of durable materials for ease of
maintenance
P re-Approved Parklet Vendors,
Custom Parklet, Custom
Parklet
o Prohibition of business signage in or on the
parklet
DEG29, DEG31
Recommendation Amended Guidelines Section
o Allow an initial five-vear permit term for parklets lnitial Term of Permit o Allow heaters and canopies to remain stored in Additional Parklet Amenities parklets after business hours
o Allow parklets to remain in place during the DEG28
Avocado Festival
The amended Guidelines prescribe the following eligibility criteria for permitting a parklet:
Downtown "T" Encroachment Guidelines Amendment
April24,2023
Parklet Eligibility:
1. Must be a restaurant as defined in Section 8.08.820 of the Carpinteria Municipal Code.
2' Must be on a street where the posted speed limit is 25 miles per hour or less. 3. Must be on the bottom floor of the building and fronting onto a public sidewalk with adjacent on-street parking (may be all-day, time timiteO parking, or loading zone).
lnitial Term of Permit:
The initial term of the encroachment permit for a parklet would be for five (S) years. lf the permittee desires to extend the parklet use beyond this initial term, the permittee is re-quired to apply for a permit renewal including providing updated insurance information. Following the initial term of the paiklet encroachment permit, further terms will be no greater than year-to-year thereafter. The initial term of an encroachment permit or extensions thereof, however, remains subject to Carpinteria Municipal Code Sections 12.08.1 10 and 12.08.130, which require the permittee to hold the City harmless related to the encroachment permit and authorize removal of the encroachment under certain circumstances.
Parklet Area Limits:
A parklet will be allowed in a single parking space directly in front of the permittee's business, and, if allowed, a maximum of two (2) parking ipaces per business may be used for a parklet. Two adjacent businesses may combine to use up to four (4) pirking spaces. Parklets for a single business may be permitted a second parking sda'cb if th; second parking space is in front of the business, or if the adjacent businels is a joint permittee.
Downtown Carpinteria Parking Study
The amended Guidelines considered the findings and recommendations of the Downtown carpinteria Parking study (study).2 the stuoy makes various recommendations concerning planning for future parking demand. While acknowledging the loss of on-street parking is an inherent downside to parklets, the Study does recommend for the City to consider a permanent parklet program as a means for {nproving the pedestrian and bicycling experience in the'Downtown. Specifically, the Study concludes that, on balance, parklets would be a benefit to the Downtown-"T" area. The excerpt from the Study is shown as Attachment C.
Pre-approved Prefabricated Modular parklet Designs
Staff evaluated various prefabricated modular parklet manufacturing companies and found only two that meet the design criteria of the amended Guidelines. ln no order of preference, the two companies are Archatrak, lnc. (Bozeman, MT) and Modstreet (Durango, CO).
2 On November 22,2021, the City Council accepted the Downtown Carpinteria parking Study Downtown "T" Encroachment Guidelines Amendment
April24,2023
These two companies are able to customize numerous design options depending on the desirable style and budget. Apart from the standard parklet structure base and sides, the following design options are available:
o Various colors
o Side material and design
. Floor material
. Canopy or umbrella design and color
o Landscaping can be integrated, separate (planters or pots), or none at all o Table and chair designs
o Fixed seating design and level of integration
o Parklet area may be extended onto sidewalk
Additional design options may become available through the manufacturer or by request of the business owner. These will be considered on a case-by-case basis and, if approved, would be available to other parklet designs.
The two companies are listed in the amended Guidelines as pre-approved companies of prefabricated modular parklets.
Potential Prefabricated Modular Parklet Gosts
The potential cost of a pre-approved, prefabricated modular parklet ranges from $14,000 to $16,000. The exact cost of a parklet depends on the style, design options, and available accessories selected from either of the two companies. Examples of the potential costs are shown in Attachment D.
Number of Parklets to be Allowed
The City Council raised a concern about on-street parking impacts if every business were allowed to place a parklet. There are currently seven existing temporary parklets that use on-street parking spaces along Linden Avenue. To date, staff finds no significant impacts to the current on-street parking inventory by these existing temporary parklets.
The City is currently having a Downtown Parking Management Plan prepared as a follow-up to the Downtown Carpinteria Parking Study. Parking demand data was collected in summer 2022, which considered the existing temporary parklets.
Preliminary analysis of the data forecasts a 210-parking space surplus across the entire Downtown "T" area. There are currently seventeen (17) food service businesses along Linden Avenue and ten (10) food service businesses along Carpinteria Avenue within the Downtown "T" area for a total of twenty-seven (27). Several more businesses are anticipated from the 700 Linden Adaptive Reuse Project which is currently under construction. The administrative draft of the Parking Management Plan is estimated to be complete in spring2023, and, at which time, it will be presented to the Public Facility Site Acquisition/Development Committee for further review.
Downtown "T" Encroachment Guidelines Amendment
April24,2023
As it stands now, the aforementioned preliminary analysis appears to forecast adequate parking _supply in the Downtown "T" area. For a scenaiio where all the restaurants ilong Linden Avenue seek a parklet, parking supply would not be significanfly impacted.
Parking space conversion from commercial use to restaurant use is oft-en prohibitively costly, and additional parklets to the existing seven would not likely be a significant impact to the parking supply. However, the City Council may conceivably tiirt tne amount of parklets allowed, either by block, street, or area.
Grandfathering of Existing Custom Temporary parklets
There are currently seven (7) existing custom temporary parklets that vary in design from structures to on-street parking spaces that are enilosed by City-furnlshed barrier rails. A Temporary Program permit holder that wishes to continue the use of the onstreet p_arking space as a parklet will be required to apply for a new encroachment permit for conformance with the amended Guidelines and select either one of the preapproved prefabricated modular parklets or custom parklet.
A Temporary Program permit holder that wishes to continue the use of the structure as a parklet will be required to apply for a new encroachment permit, and the structure will be required to be certified by a qualified professional (i.e., licensed architect, engineer, or contractor) in determining whether the parklet can meet the design criteria of tne amended Guidelines and any modifications thereto in order to meelthe design criteria.
Assuming a certification by a qualified professional is obtained by the Temporary Program permit holder, the Temporary Program permit holder miy requesi for - exemption of non-structural elements such as existing parklet tenltn and aesthetics. ln accordance with the amended Guidelines, the City m-ay refer sucf, requests to the Architectural Review Board. The City will not consider exemptions to structural capacity, capability, and/or integrity; accessibility (i.e., Americans with Disabilities Act); traffic safety (i.e., traffic laws and traffic control devices); and/or public safety (i.e.,'law enforcement monitoring and emergency response).
Finance Commiftee Recommendations
At.its.meeting of March 3,2023, the Finance Committee discussed options for calculation methodologies for a permit fee, space lease charge program, cost recovery rate for the purchase of prefabricated modular parklets. Afteiits'deiiberation, the Finance Committee requested for more information of calculation methodologies for a permit fee and space lease charge program. The Finance Committee did recommend for a cost recovery rate between 50- and 100-percent for the purchase of prefabricated modular parklets. That is, the City would subsidize between half and full cost of furnishing and installing the prefabricated modurar parklets.
Staff returned to the Finance Committee at its meeting of March 30,2OZg. The Finance Committee recommended for the cost recovery methodology instead of appraisal methodology for calculation of a permit fee. Examples of coit recovery meihodologies used by other cities include recovery of costs for permitting, inspection, and maintenance (e.9. sidewalk cleaning).
Downtown "T" Encroachment Guidelines Amendment
April24,2023
Temporary Program Sunset and Extension
As currently established, the Temporary Program permits that have been issued will expire on June 30,2023. After the Temporary Program sunsets, any outdoor business activities allowed under the Temporary Program will be required to cease including the removal of any improvements and restoration of the outdoor area to their prior condition, unless superseded by a separate, regular development and/or land use permit. ln the context of the proposed amended Guidelines, staff recommends for initiating the process to extend the Temporary Program in order to allow sufficient time for existing permits to transition to the amended Guidelines including for staff to administer the transition. Transition work would include staff time as follows:
. Providing information about the opportunities under the amended Guidelines to both current permit holders and other businesses that may qualify for participation;
. Creation of a permit form necessary to prepare for roll-out; . Assisting businesses through the application submittal process; o Reviewingapplications;
o Furnishing and installing of the prefabricated modular parklets, if applicable; and . Inspecting parklet (prefabricated modular or custom parklets) installations.
Should the City Council act to approve the amended Guidelines, staff estimated six (6) months to complete the transition. No new Temporary Program permits would be issued during that time.
Staff received interest from several holders of Temporary Program permits on private property in making those approvals permanent. However, staff does anticipate various regulations such as the City minimum parking standards, building codes, and state Alcoholic Beverage Control (ABC) regulations may potentially present significant barriers. Should the City Council provide direction to staff, the options for proceeding are provided in the discussion that follows.
Disposition of Private Property Permits
Temporary Program permit holders for outdoor space business use on private property have been notified about the impending expiration of the Temporary Program. A sample of the City's notice is shown as Attachment E. Several of the affected permit holders have expressed an interest in pursuing approvals to allow private property parklets on an ongoing basis and have sought guidance from staff on what such a process would entail.
During previous discussions concerning private parklets, the City Council has not provided staff with specific direction to explore options for creating an ongoing private property parklet program. Nevertheless, staff has indicated such parklets could conceivably be considered and permitted on a case-by-case basis through the City's standard discretionary permitting process in the absence of a parklet-specific permitting program.
The permitting process for the establishment of a non-temporary parklet would need to address standard zoning district requirements including, but noilimited to, setbacks, landscape coverage, and parking (both any existing part<ing eliminated by the parklet itself as well as any additional parking triggered Uy-aOOeO Jeating capaciiy created by the parklet).Under such a scenario, there is the possibility for an appiicani to seek and obtain approval of a modification to allow, for example, a reduced number or waiver of 1egt1i1ed parking spaces in order to accommodate a private property parklet.
Additionally, some businesses could be eligible to take advantage of 'parking
relief
granted under recent state law (Assembly Bill 2097) that would preclude thJCity from requiring onsite/off-street parking for certain types of projects located within one-half mile.from walking distance of identified types of transit facilities (e.g., Amtrak Train Station).
ln light of the expressed interest from some of the Temporary Program permit holders to establish permanent private parklets direction from the City Council is needed as to whether there is interest in exploring the establishment of a permanent private property parklet program. Please note that while such a work effort was not ideniitieO or'inciuded as a part of the 2023 Work Plan, should the Council wish to proceed, it would require prioritization in order that the program could be ready to succeed the sunset of the Temporary Program.
lf the City Council is interested in developing such a program, it should either be included for consideration as a part of the 2024 Work Plin (which would require a corresponding extension into 2024 of the Temporary Program on private property), or a direction to staff with respect to where devetopmen{of suih a program would sitielative to other priorities already identified in the Work plan.
POLICY CONSISTENCY
General Plan/Coastal Land Use Ptan
Downtown "T" Encroachment Guidelines Amendment
April24,2023
The Planning Commission determined the proposed amended Downtown ,,T" Encroachment Guidelines can be found consistent with the following goals, objectives, and/or policies of the General Plan and Local coastal Land Use planl Land Element
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-39: Provide for a range of business activities that bring vitality, revenue, and employment to Carpinteria and are compatible with its small town charicter.
Downtown "T" Encroachment Guidelines Amendment
April24,2023
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.
Communitv Design Element
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.
Objective CD-8: To encourage and facilitate pedestrian and bicycle pathways. Policy CD-8a: All streets should be designed with safe and pleasant pedestrian ways at their edge. Pedestrian ways shall be spatially separated from vehicular traffic by elements such as trees, other plantings, streetlights, and/or parked cars.
Policy CD-8b: To provide convenient pedestrian routes, the existing network of automobile lanes, trails and pedestrian ways in the Downtown District and adjacent neighborhoods should be preserved, reinforced and extended into other neighborhoods.
This pedestrian network should be in addition to, not in lieu of pedestrian ways on the streets.
Objective CD-9: To ensure that streets enhance the established city framework and design.
Objective CD-11: Existing public spaces should be maintained, and new public spaces should be incorporated into neighborhoods and districts as an important aspect of their design.
Policy CD-11(b): Public spaces should be located and designed to encourage their use during the day and in the evening. The time and type of use for each space should be planned to be compatible with adjacent land uses, and with any existing flora and fauna that are to be preserved.
Policy CD-1 1(c): All public spaces and facilities should reflect quality design.
Objective CD-13: Ensure that lighting of new development is sensitive to the character and natural resources of the City and minimizes photo pollution to the maximum extent feasible.
Policy CD-13b: Lighting shall be low intensity and located and designed so as to minimize direct view of light sources and diffusers and to minimize halo and spillover effects.
Downtown "T" Encroachment Guidelines Amendment
April24,2023
CD-13-lmplementation Policy 6: Exterior lighting on commercial development shall be designed to complement the building and shall be at the minimum height and intensity required to ensuie public safety.
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.
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 bistrict 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.
Policy CDS2A-d: Enhance the pedestrian character of the District's streets , plazas, paseos, parks and lanes.
CDS2A lmplementation Policy 26: The provision of small spaces with benches, fountains, public art and other special elements that encouiage people to gather and linger in public should be encouraged, particularly where the/ support Uusinesses, such as sidewalk cafes.
CDS2A lmplementation Policy 27: Gardens or plazas should be located adjacent to viable commercial uses or designed for a specific active use, such as a chiidren's play area.
CDS2A lmplementation Policy 28: Curbside parking is encouraged to provide convenient parking for businesses and coastal access and to piovide an additional buffer between pedestrians and traffic.
Annual Work Plan
At the beginning of each year, the City Council works with the City Manager and department heads to prepare the Annual Work Plan. The Annual Work plan describes prior year's work plan accomplishments, discusses strategic initiatives for the City to undertake and identifies and prioritizes departmental worli efforts for the ensuing year.
The development of a Downtown "T" Parklet Permit Program was identified as jfiign p1olty task for the 2022 Annual Work Plan and remainJa part of the recenily appr6ved 2023 Annual Work Plan. The proposed amended Downtown "T" Encroachment' ' Guidelines would fulfill this task.
FINANCIAL CONSI DERATIONS
Parklet Permit Fee
Given the complexity of options for establishing a fee associated with a parklet permit program and the need for input from the City to work on the cost of service stud'y Downtown "T" Encroachment Guidelines Amendment
April24,2023
update, the matter of the permit fee establishment is currently being developed. Once complete, a proposed permit fee will be presented to the City Council at a future date.
On March 30,2023, the Finance Committee did concur with staffs recommendation for a using a cost recovery methodology.
While it may be calculated based on the area of the permitted space, the cost recovery methodology would not include a space lease charge for the on-street parking space occupied by the parklet.
Gost Recovery Rate for Purchase of Prefabricated Modular Parklets This agenda matter is also for the City Council to direct staff in the selection of a cost recovery rate towards a one-time purchase of prefabricated modular parklets. Pursuant to the Finance Committee, a cost recovery rate between 50- and 100-percent is recommended. Should the City Council elect to subsidize the cost, the money to cover the expense would be allocated from funds set aside for mid to long-term economic recovery support for businesses. Staff recommends for the purchase of one prefabricated modular parklet base model from each of the preapproved companies in order to showcase two models of prefabricated modular parklets. The estimated total cost for two base models would be $30,000. ln the current fiscal year, an amount of $250,000 was budgeted for this effort.
Parklet Maintenance Cost
The amended Guidelines does require for the permit holder to maintain the parklet. No maintenance cost would be borne by the City. However, there would be cost by the City for the temporary removal of parklets in the event of a City capital project (e.9. street improvements) or special event.
LEGAL AND RISK MANAGEMENT CONSIDERATIONS
The recommendation is consistent with Section 12.08.105 (Commercial use of rights-ofway) of the Carpinteria Municipal Code. The City Attorney's Office also reviewed both Resolution No. 6174 as to form and the amended Downtown "T" Encroachment Guidelines.
Should the City Council approve the amended Downtown "T" Encroachment Guidelines, the City's Downtown "T" Encroachment Permit form including standard conditions will be updated for parklets. Further, insurance and indemnification requirements will be reviewed by the City's insurance carrier, California Joint Powers Insurance Authority, for any updates for parklets.
OPTIONS
1. Adopt Resolution No.6174, approving the amended Downtown "T" Encroachment Guidelines, direct staff in the selection of a cost recovery rate towards purchase of a prefabricated modular parklet, direct staff with respect to the development of an outdoor space permit program for private property, and Downtown "T" Encroachment Guidelines Amendment
April24,2023
initiate process to extend the Temporary COVID-19 Outdoor Business permit Program. (Staff recommendation)
2. Direct changes to the proposed amended Downtown "T" Encroachment Guidelines _This option could include or may require extension to the Temporary COVID-19 Outdoor Business Permit program.
3. Decline to approve recommendations and direct staff as determined appropriate with regard to the disposition of the Temporary COVID-19 Outdoor Bubineis Permit Program.
PRINCIPAL PARTIES EXPECTED T MEETING
Downtown "T" businesses
ATTACHMENTS
Attachment A:
Attachment B:
Attachment C:
Attachment D:
Attachment E:
Staff contact:
John L. llasin, Public Works Director
(805) 880-3402; ioh n [email protected]
Reviewed by:
Dave Durflinger, City Manager
(805) 7 55-4400; [email protected]
ordinance No. 761, Temporary coVlD-1g outdoor permit program Resolution No.6174
Excerpts of Downtown Carpinteria parking Study
Potential Prefabricated Parklet Costs
Sample- Notice to Temporary Program permit Holders
&;
ATTACHMENT A
Ordinance No. 761, Temporary COVID-I9 Outdoor Permit Program
THIS PAGE INTENTIONALLY LEFT BLANK
ORDINANCE NO. 761
AN URGENCY ORDINANCE OF THE CITY OF CARPINTERIA AMENDING ORDINANCE NO. 744, AS AMENDED BY ORDINANCE NOS. 746,749, AND 754 TO EXTEND THE TEMPORARY COVID-1g OUTDOOR BUSINESS PERMIT PROGRAM TO ALLOW BUSINESSES TO OPERATE IN THE CITY RIGHT.OF-WAY AND OTHER PRIVATELY.OWNED OUTDOOR SPACES TO ENCOURAGE SOCIAL DISTANCING AND ECONOMIC REGOVERY FROM THE COVID.I9 PANDEMIC AND SETTING
FORTH THE FACTS CONSTITUTING SUCH URGENCY
WHEREAS, Govemment Code Sections 8558 and 8630, ef seg., Health and Safety Code Section 101080, and Chapter2.40 of the Carpinteria Municipal Code ("CMC"), empower the City of Carpinteria ("City") Director of Emergency Services to make and issue rules and regulations on matters reasonably retated to the protection of life and property during proclaimed local emergencies; and WHEREAS, on March 4,2020, Governor Newsom declared a state of emergency to make additional resources available, to formalize emergency actions already underway, and to help prepare the effects of the Novel Coronavirus ("COVID19") pandemic; and WHEREAS, on March 11,2020, Governor Newsom and California Department of Public Health ("CDPH") officials recommended that non-essentialgatherings should be postponed or cancelled statewide until the end of March in order to implement social distancing guidelines intended to protect all individuals, particularly those who are at high risk of severe illness from the COVID-19 virus, and to slow further spread thereof; and
WHEREAS, on March 12,2020, the County of Santa Barbara ("County") Health Officer declared a local health emergency exists countywide due to an imminent and proximate threat to public health, within the meaning of Health and Safety Code Section 101080, by the introduction of the COVID-19 virus and directed cities countywide to implement Governor Newsom's social distancing guidelines; and WHEREAS, on March 16,202A, Governor Newsom declared in Executive Order N-28-20 that the economic impacts of the COVID-19 pandemic have been significant and could threaten to undermine Californians' housing security and the stability of California businesses; and
WHEREAS, on March 17,2020, the CDPH and County Public Health Department directed all bars, nightclubs, pubs, breweries, and wineries to close immediately as well as restaurants and other food facilities offering onsite dining should immediately transition to only offering delivery or take-out service as part of the public health effort to slow the spread of the COVID-19 virus; and WHEREAS, on March 17,2020, the City Director of Emergency Services issued a Proclamation of Local Emergency by the Director of Emergency Services for the COVID-1 9 pandemic ("Proclamation"); and
Ordinance No. 761
Councit
WHEREAS, the ci$'s Proclamation was found necessary and ratified by the City at its regular meetings on Uarcffi-t0iil;'adoption of Resolution No. sg54i 3$ 1e;latiti9! uv !!e crtv council onAprit 1i,toid,';L adoption of Resotution No. 5954, Mav 13, 20?!:via-adoption or R6sotufi;;G"'igig, Resolution June 8, zo2o,via adoption of No' 5980, June22,zo2o,yqaoogilon ornesolution No. ggg5, and July 13, 202'0, via adoption of Resolution No. 5989, iri "ro"ii" utilize all ,*roor."r'necessary to ;"J$l,Lflj[r:ou'o-1e pandemic and o."ru"lnv si"te and/orreoeiaitunds that may WHEREAS, the Proclamation invokes in the City all powers and mechanisms set forth in the california Emergency services nct (c;;;;il"nt code sections 8550, ef seg')' be
city ordinanes and iesolutions, and all other applicable state and federal laws to used by authorized City personnel; and -' -rr 33-20
WHEREAS, on March 19,2020, Governor Newsom issued Executive order N- for ail individuats tiving in it" stjt" ;i c;tii";;;i,:st"t"1 place to stay home or at their of residence, except as needed to mainlain contilruity of operation of federal critical infrastructure seciors and additional""ciors;ril" may state public Health officer designate as critical to protect healttr and *"rr-o"irg of all californians (hereinafter called "essential businesses;'); and WHEREAS, many events countywide were and continue to be cancered, postponed, or implement social distancing aue tolne oro"r, and recommendations at all levels of govemmentto restrict large githerings amil concerns over the spread of the coVtD-19 virus, and these canc"il"tio;;, ;;;tp;n"i.r"nt, and sociatdistancing cause a loss in revenue for the associated of F-ldd;rganizations and businesses, loss
surrounding
incom.e for the people who would have staffed the eients, as well as lost revenue for local businesses that rely on such events to bring patrons to their businesses; and WHEREAS' many businesses citywide were either not permitted or to remain open Also,
required to severely restrict activities, causing signift&nt adverse financial impacts. state and couniy heath orders and grld"i;i;iii.g on residents to stay at home and implement socialdistancing continues to result in a severe decline in consumer spending and tourism, which hJs had significani;;g;ti"; impacts on revenue for most small businesses in Carpinteria; and 20',which
WHEREAS, on. May 4,2020, Governor Newsom issued Executive order N-60- is incorporated herein by referenc", to "ilo*'ie-opening of lower-risk business and
Resilience
spaces (hereinafter called "lower-risk urJi..*"";f in st"g" Two of the state,s Roadmap subject to certain limitations. o; il;y g,2o2o,the county Health officer issued county Health officer older zozo-a.1,*iii.n further clarified the lower- risk businesses erigibre to be open forrimited ;Giil; countywide; and WHEREAS, on May, 18,2o2o, the City Council enacted Resolution No. 5g77 establishing requiremelf..for wearing ra"" "lueiing* "i'."rtain places and in certain circumstances as an additional healti protection mEarur" in response to the covlD-1g Ordinance No. 761
pandemic in order to protect the public health and safety of members of the public; and WHEREAS, on May 21,2020, the County Health Officer issued County Health Officer Order 2}2}-8.2,wnicn allowed essential businesses and lower-risk business that may remain open with modified operations and social distancing to open or open more fully with self-certification. Although the State and County entered Stage Two of the State's Resiliency Roadmap, whilh loosened some public health and safety restrictions and allowed essential and lower-risk businesses to re-open with certain protections in place, these businesses remained severely restricted and experienced corresponding significant adverse financial impacts; and
WHEREAS, on May 26, 2O2O, the City Council adopted Ordinance No. 744, enacting the Temporary COVID-19 Outdoor Business Permit Program ("Temporary COVID-19 Outdoor Buiiness Permit Program") to allow business to operate in the City's right-of-way and in other privately-owned outdoor spaces to encourage socialdistancing and economic activity during the COVID-I9 pandemic; and WHEREAS, on August 28,2020, Governor Newsom announced the Blueprint for. a Safer Economy Plan, wiich replaced the State's Resilience Roadmap and established new guidelines for business operations to encourage social distancing and economic activity during the COVID-19 pandemic; and
WHEREAS, the City Council recognizes that the Temporary COVID-19 Outdoor Business Permit Program, adopted via Ordinance No. 744,has assisted businesses to continue economic activity during the COVID-19 pandemic; and WHEREAS, on May 10,2021, the City Council approved and adopted urgency Ordinance No. 746, ameniing Ordinance No. 744, extending the Temporary COVID-19 Outdoor Business Permit to remain in effect until 11 :59 pm on December 31 ,2O21', and WHEREAS, on November 10,2A21, the City Council approved and adopted urgency Ordinance No. 749, amending Ordinance No. 744 and superseding Ordinance No. 746, extending the Temporary COVID-19 Outdoor Business Permit to remain in effect until 11:59 pm on June 31,2022i and
WHEREAS, on January 1A,2022, a peak in the community case rate of COVID19, was observed in the County due to the spread of a the significantly more transmissible SARS-CoV-1 8.1.1.529 "Omicron" variant of COVID-19; and WHEREAS, on February 7,2022,the California Department of Public Health updated their guidance for the Use of Face Masks to take effect on FebruarV 16t 2022' requiring unvaccinated person to wear masks in all indoor public settings, requiring universil masking in only specified settings, and recommending continued indoor masking when the risk may be high; and
WHEREAS, on February 16,2022, the County Health Officer issued County Health Officer Order 2022-10.1 Superseding and Replacing Health Officer Order No.
Ordinance No. 761
2072-10, which requires unvaccinated person to wear masks in all indoor public settings, requires univ.ersalmasking only in.p".m"Jtettings and recommends continued indsor masking when risl may b" fiigh ;;;Ji*ent with cDpH guidance; and WHEREAS, as of April15,2a22, the COVID-19 case and hospitalization rates in the county have declined ind community *ansmission was categorized as *Low,, based on the U's' centers for Disease controrlno irevenlion'r fcDc') indicators; and WHEREAS, on Aprir 2s, zozz,the c.ity _councir approved and adopted urgency ordinance No' 754,.amending'ordinance tto. za+ "nu
,up"oeding ordinance Nos. 746 and749 extending the Temporary coVlD-re outoo;iersiness permit to remain in effect until 1 1:5g pm on December 31 ,2022;and--- - WHEREAS, as of November 8,2022,the COVID-19 case and hospitalization "Low"
rates in the county have declined and .orrrnitv tr"nJmirrion was categorized as based on the CDC indicators; WHEREAS, covlD-1g case and hospitalization rates the county may rise at any time, especially given the-anticipated increasJi. G;;iand events during the winter season, that may require further socialdistanling r"""Lrc and impact local businesses; and -.---"-"'v WHEREAS, on Governor Newsom announced that the CoVID-1g State of Emergency will end.on February 28,2a23d;G th" nearth care system flexibility to handle any potentiar surge in cases occurring after horidays; and WHEREAS, the city retains authority under its policy powers and Vehicle code section 22507 to continue imprementation ittn; i;;;*ry coVrD-19 outdoor Business Permit program to promote T:l.Tig-develJpment and social distancing after the end of the Governor's procraimed covrD-1g state;f Emergency; and WHEREAS, the continuation of the Temporary covlD-ig outdoor Business Permit Program remains necessary to provide businesses w1h opportunities to encourage socialdistancing 31$-to oromote economic recovery from the negative impacts resulting from the covlo-l'g pandemic and its variants that may extend beyond the Governor's State of Emergency; and WHEREAS, the city councir has initiated the deveropment of a proposed permanent permit program to atlow for "parklet" rivL oriooor seating areas in the city right-of-way; and .
WHEREAS, the continuation oflhe Temporary covlD-1g outdoor Business Permit Program would allow the Planning com;isri.in *o city council additional tirne to consider the proposed permanent "par-kl"t" Iroli"r Jnd receive public input about said permanent "parklet,' program; and WHEREAS, if the proposed permanent permit ,,parkret,, program is approved, the Ordinance No. 761
Cig and businesses will need sufficient time to implement the permanent permit program to allow businesses to obtain permits and construct "parklets" under the permanent "parklef' program prior to dismantling their current temporary outdoor spaces; and
WHEREAS, the continuation of the Temporary COVID-19 Outdoor Business Permit Program provides the opportunity for the City to consider development of the proposed pLrmanent program and businesses to continue to operate in outdoor areas under the Temporary COVIO-19 Outdoor Business Permit Program until the City can consider apprwal oithe permanent program and, if approved, implement the permanent program within the City; and
WHEREAS, the City Council recognizes that the Temporary COVID-19 Outdoor Business Permit Program must be flexible and responsive to changing conditions associated with the COVIO-1 9 pandemic, the state of emergency, or governmental response, including modifications to public health and safety directives, social disiancing guidance, and business operation conditions, in order to effectively achieve the dual puUtic health and safety and economic goals of the City during and following the COVID-19 pandemic.
THE CITY COUNCIL OF THE CITY OF CARPINTERIA DOES ORDAIN AS FOLLOWS:
Section 1. lncorporation of Recitals. All the recitals set forth above are true, correst, and valid, and are hereby incorporated and adopted as findings of the City Council as though fully set forth herein.
Section 2. Findings. The Council hereby finds, determines and declares that this Urgency Ordinance aOoptlon pursuant to Government Code Section 36937 is necessary because:
A. Commercialactivity and businesses are essentialto a vibrant and healthy community, and this TemporarybOVtO-tg Outdoor Business Permit Program prwides flexibility to local businesses tore-open and remain open while protecting the health, safety, ind welfare of members of the public during and following the COVID-19 pandemic; and
B. Without the amendment and extension of the Urgency Ordinance, there is an increased risk of a substantial impact to local businesses, causing further disruption by delaying local economic recovery, and imperiling the lives or property of inhabitants of the City; and
C. The Downtown "T" Encroachment Permit Program was established for local businesses within the Downtown "T" in order to apply for a permit to conduct certain business operations within the City right-of-way, which provided a framework for the portion of the Temporary COVID-19 Outdoor Business Permit Program applicable to the City right-of-way and other privately-owned property, but requires certain Ordinance No. 761
modifications
speed
to streamline the approval and implementation of permits with all due during and foilowing the COVTD-1g p"rO!*;; ;;; D. cMC chapter 14.64 estabrishes a temporary use permit businesses to ailow to enqage ,l t"rpgr:.ry-ly on privatery-owneo property framework that provides a for thd.Temporary coVro-tg outiooi eJsin"", permit program to privately-owned appticable pl-opgTl,'uut requires certain r-ooii..tions to streamline the approval and implementation of peimits *in "ii COVID-19 ir" rp""u during and fol6w6g the pandemic; and E' The city councilrecognizes
Permit the Temporary covlD-1g outdoor Business Program may'continue requirements
to re{uire that certain i"rpor"ry exceptions to the of cMC chapter 12'oi,tne oownto*n ;iJ'lncroachment permit program, and Emergency
CMC Chapter 1a'64 may be neLssary, as determined by the Director of described
serviesand city Manager tnrougn, aooitional rutes and regulations, as in Section 6 herein; and e
council
F'
finds
For the immediate preservation of the public peace, health, and safety, the No.744,
that it is. necessarv'to alopt tnis urg!;;;-oroinance amending ordinance Temporary
as amended by ordinin." Nor. 746,T4g,and 754 that estabrished the in the
covlD-19 dutdoor Business Permit Program, for all of the reasons set forth recitals above, which and are incorporated herein by reference. which are
section 3' urgency Need. B."tqd on the-foregoing recitals and findings, all of immediate
deemed true and iorrect, this urgency ordinance is needed for the shalltake
preservation. of the public pea.", h""ith, JnJ sarety. This Urgency ordinance in Government
effect imm{iately upon adoption in accoroance with the provisions set forth Code Section iOgg7. -
Section 4. Amendment.
A.
read as fol,
This Urgency ordinance hereby amends and supersede section 4.A to lows:
CMc
'R' "Director of Emergency services" has the same meaning as specified in chaptqr 2.40, inclu?ins'hirn"io""i;;;;G);and refers tolne dity M"n"s"r, including his/trer d-esignee(si, fottowing th; i;r;i;.tion of the proclamation of Local Emergency for ihe cbUo_tg pinoemic. . "
Ordinance
B'
No.
This Urgency ordinance hereby amends and supersedes Section 11 of 744 to reaO as follows:
"Section 11' Effective Date and Termination. This Urgency ordinance shall become effective immediately and "h;ia;;;;in in etrect untit 11:59 pm on June 30,2023, or it is terminated by the CitV Councii.;" This urgency ordinance hereby also supersedes and replaces urgency ordinance Nos.
Ordinance No. 761
746,749 andTSi.with respect to Section 11 of Ordinance No. 744.
Section 5. Scope. Except as expressly amended and superseded by this Urgency Ordinance, all other sections, subsections, sentences, clauses, phrases or words of Ordinance No. 744 remain in full force and effect.
Section 6. Severability. lf any section, subsection, sentence, clause, phrase or word of this Urgency Ordinance is for any reason held to be invalid and/or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Urgency Ordinance or Ordinance No. 744.
Section 7. Effective Date. This Urgency Ordinance shall become effective immediately.
Section 8. Environmental Determination. The City Councilfinds that the adoption and implementation of this urgency Ordinance are exempt from the provisions of the California Environmental Quality Act ('GEQA') under CEQA Guideline Section 15061(bX3) in that the City Councilfinds there is no possibility that the implementation of this resolution may have significant effects on the environment. The urgency Ordinance would amend Ordinance No. 744, that established a Temporary COVID-19 Outdoor Business Permit Program, similar to existing permit processes, which is solely an administrative process resulting in no change to the environment.
SECTION 9, Publication. The City Clerk is directed to cause this urgency Ordinance to be published in the manner required by law.
Ordinance No. 761
vote:
PAssED, AppRovED AND ADoprED on November 14, zo2z,by the foilowing AYES:
NOES:
ABSENT:
ABSTAIN:
couNctLMEMBER(S):
coUNctLMEMBER(S):
coUNctLMEMBER(S):
coUNcILMEMBER(S):
Alarcon, Carty, Lee, Clark, Nomura
None
None
None
City of Carpinteria
Brian C. Barrett,
, CPMC
City Clerk, Gity of Carpinteria
I hereby certiff that the foregoing ordinance was duly and regularly introduced and 3,aorte! November
at a regular meeting otine city council or ilrL ciiy of carpinteria held on 14,2A22. tze.
ATTEST:
C. Barrett, CPMC
City Clerk, City of Carpinteria
APPROVED AS TO FORM:
S. behalf of Brownstein
Fa reck, LLP acting as
rney ofthe City of Carpinteria
ATTACHMENT B
Resolution No.6174
THIS PAGE INTENTIONALLY LEFT BLANK
RESOLUTION NO. 6174
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARPINTERIA AMENDING THE DOWNTOWN "T'' ENCROACHMENT
GUIDELINES TO INCLUDE PARKLETS AS AN ALLOWED
TYPE OF ENCROACHMENT
WHEREAS, the City has the authority to regulate the stopping and standing of parking as authorized under Section 22507 of the California Vehicle Code; and
WHEREAS, the City's permit program for public right-of-way encroachments is set forth in Chapter 12.08 (Street and Sidewalk Encroachments) of the Carpinteria Municipal Code; and
WHEREAS, on January 14,2008, the City Council approved Resolution No. 5092 adopting the Downtown "T" Encroachment Guidelines; and WHEREAS, parklets are a small public gathering space, occupying parking stalls, on a public street, used either as an extension of sidewalk dining, or as a standalone dining area, connected visually to, and for use by patrons of a nearby restaurant or food service establishment. Parklets can be separate or extensions of the sidewalk area and are designed to meet accessibility and safety needs. Parklets are subject to all the terms and conditions of the associated restaurant or food service establishment's permits including permits and licenses related to alcohol consumption; and
WHEREAS, parklets can help to improve the public outdoor space by activating the streetscape and providing greater opportunities for people to socialize and interact with others. Parklets have been used in many communities throughout California and the United States and have been shown to enhance a sense of public safety and decrease crime; and
WHEREAS, activating outdoor spaces through measures such as parklets has been found to benefit the economic vitality of downtown commercial districts; and
WHEREAS, during the COVID-19 pandemic on May 26,2020, the City Council approved urgency Ordinance No. 744, which established the Temporary COVID-19 Outdoor Business Permit Program ("Temporary Program"). The City successfully allowed temporary parklets with outside dining through the Temporary Program; and
Resolution No.6174
Page2
WHEREAS, concurrent with its second extension of the Temporary Program (Ordinance No. 749), the City Council also directed staff to initiaie the legislative process for parklets to be allowed as another type of encroachment into City rights-of-way under the Downtown "T" Encroachment Guidelines; and WHEREAS, on November 22,2021, the City Council accepted the Downtown Carpinteria Parking Study, dated June 21,2021. The City's Downtown Carpinteria Parking Study also identified public parking surplus within the overall Downtown "T" area, and the effective use of the City's public parking resources such as with parklets can help enhance the Downtown "T" area's character; and WHEREAS, the city's Downtown carpinteria parking study finds the conversion of a few spaces on Linden Avenue to parklets is anticipated to have a negligible impact on the total supply of parking in the Downtown "T" area, and the benefits of attractive and enjoyable outdoor space can be a net benefit compared to the number of parking spaces removed; and
WHEREAS, the City Council deems the permitting of parklets to be in the best interest of the Carpinteria community; and
WHEREAS, by adopting the provisions of this Resolution to allow parklets as a right-of-way encroachment balances the needs of the parklet permittee with City's interests in improving economic opportunities and the protection of public safety; and
WHEREAS, the Traffic Safety Committee held a public meeting on July 20,2022, and provided comments on the amended Guidelines; and WHEREAS, the Architectural Review Board held a public meeting on July 28,2022, and provided comments on the amended Guidelines; and WHEREAS, the Planning Commission held a public meeting on December 5,2022, and recommend approval of the amended Guidelines and related exemptions from the California Environmental Quality Act (CEQA) to the City Council; and
WHEREAS, the City Council has reviewed the amended Guidelines and determined them to be consistent with applicable General plan and Local Coastal Plan policies including, among others:
Policy LU-3d: Establish a commercial sector that balances the retail and service needs of citizens and tourists.
Policy LU-39: Provide for a range of business activities that bring vitality, revenue, and employment to Carpinteria and are compatible with its small town character.
a
o
Resolution No.6174
. 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 CD-8a: All streets should be designed with safe and pleasant pedestrian ways at their edge. Pedestrian ways shall be spatially separated from vehicular traffic by elements such as trees, other plantings, and/or parked cars.
o Policy CD-1 1c: All public spaces and facilities should reflect quality design.
. 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-d: Enhance the pedestrian character of the District's streets, plazas, paseos, parks, and lanes; and
WHEREAS, the City Council intends to amend the existing Downtown "T" Encroachment Guidelines ("amended Guidelines") to allow parklets in order to build on the success of the Temporary Program and improve business opportunities and the quality of life of residents and visitors; and WHEREAS, the amended Guidelines also are consistent with Chapter
12.O8 (Street and Sidewalk Encroachments) of the Carpinteria Municipal Code entitled; and
WHEREAS, the amended Guidelines will supersede and replace any previous guidelines concerning encroachments in the Downtown "T" area; and WHEREAS, The City Council finds that this Resolution is categorically exempt from CEQA pursuant to CEQA Guidelines Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), 15301(c) (existing facilities), 15303(e) (new construction of small structures), 15305(b) (minor alterations in land use limitations, and 1531 1(c) (accessory structures).
Resolution No. 6174
NOW, THEREFORE, BE tT RESOLVED as follows:
SECTION 1. The above recitals are true and correct, and incorporated herein by this reference.
sEcrloN 2. The amended Downtown "T" Encroachment Guidelines attached as Exhibit 1 are adopted.
SECTION 3. The amended Downtown "T" Encroachment Guidelines shall be effective on July 1,2023.
PASSED, APPROVED AND ADOPTED on Aprit 24,2029, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN
couNcILMEMBER(S):
coUNctLMEMBER(S):
couNcTLMEMBER(S):
coUNctLMEMBER(S):
ATTEST
Brian C. Barrett, CMC, City Clerk
City of Carpinteria
Mayor, City of Carpinteria
Brian C. Barrett, CMC, 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 hetd on April 24,2029.
Resolution No.6174
APPROVED AS TO FORM
Jena S. Acos, on behalf of Brownstein
Hyatt Farber Schreck, LLP acting as
City Attorney of the City of Carpinteria
EXHIBIT 1 TO RESOLUTION NO. 6174
Amended Downtown "T" Encroachment Guidelines
THIS PAGE INTENTIONALLY LEFT BLANK
Gity of Garpinteria
Downtown ttT" Encroachment Guidelines
The City of Carpinteria (City) regulates encroachments in the City's public right-of-way under Chapter 12.08 (Street and Sidewalk Encroachments) of the Carpinteria Municipal Code. The regulations establish the authority and process for allowing certain types of encroachments that are determined to be necessary or beneficial to the public interesi and can be conducted in a manner that will not jeopardize public health and safety. The Downtown "T" Encroachment Guidelines were adopted by the City Council and are updated from time to time.
Encroachment Defined:
The City defines an encroachment as any item, good, material or merchandise placed on a City street or right-of-way. For the purposes of these guidelines, the encroachments addressed are those of a commercial nature that occur near or adjacent to the storefronts and sidewalk areas of businesses in the Downtown "T" commercial district.
D "T" Area Map:
Purpose:
The purpose of the Downtown "T" Encroachment Guidelines is to promote safe and attractive use of the public areas in the Downtown District. The City also aims to maintain and preserve existing public facilities and properties. These guidelines are intended to assist applicants and business owners in establishing attractive and safe encroachments that benefit both the Downtown business community and the citizens that enjoy those public spaces.
Orqan ization:
These guidelines are organized as follows:
. General Guidelines
. Location and Dimensions
. Maintenance and Operational Standards
. Colors and Materials
. Outdoor Displays
. Umbrellas and Outdoor Furniture
. Planters and Landscaping
. Alcohol Service
. Parklets
. Other Types of Encroachments
. Downtown "T" Encroachment Requirements
The following sections include references to the Carpinteria Municipal Code and the City's General Plan and Local Coastal Plan. All applicable policies, standards and guidelines are shown in italics.
General Guidelines
The City's interest in reviewing applications for encroachment permits relates to the safety and well-being of the public and the promotion of the Downtown as a vital and attractive pedestrian district. The City's goal is to maintain the highest standards of accessibility and safety while achieving an attractive and functional design. ln general, allowed encroachments should complement public use and improvements. ln no case shall encroachments be permitted which serve to exclude the public from any public sidewalk or street.
Items permitted to encroach in the City right-of-way shall comply with all requirements of the Carpinteria Municipal Code and the City's General Plan and Local Coastal Plan. The City will deny an encroachment permit application that it determines does not comply with these guidelines or any other standard or regulation set forth by the City. 2 Location and Dimensions
Encroachments may be allowed where it can be determined by the City that the encroachment would not result, individually or cumulatively, in a narrowing of the sidewalk such that important functional attributes of the Downtown, (e.g., ability of pedestrians to stroll side-by-side and to pass comfortably for significant stretches, lingering and windowshopping) are not jeopardized. The location and dimensions of any item located in a public place shall meet these minimum guidelines and applicable local, state, and/or federai laws or regulations.
DEG1 - Encroachments shall be allowed so as to maintain a clear path of no less than six feet.
The City Manager may permit paths of travel of no less than four feet in instances where safe access can be determined.
DEG2 - Encroachments shall not block safe access to businesses, parking spaces, bike stalls, or other spaces required by local, state or federal building or safety-codes.
DEG3 - Encroachments shall not encroach into the areas near corners of sidewalks or where crosswalks are present. This area shall be defined with a 1S-foot area, beginning near the crosswalk or curb cuts. (See figure below)
Main St.
DEG4 - Tables shall not exceed 42 inches in width at the greatest dimension.
DEGS - Chairs shall not extend into the required accessible walkway at any time. Chairs 3 .a-. q
op
U>
Planters
12 lnch Curb Buffer
EiliE
o
CL
e
oPi-operty Line
must be at a scale appropriate to the size of the table or space available for seating DEGG - Portable outdoor heating devices are prohibited. Permanently mounted heating devices shall be reviewed by the Public Works Director for safety and aesthetics, and require separate building permit review.
DEGT - The Public Works Department may require the Architectural Review Board to review any items placed in the City right-of-way that are not clearly consistent with these guidelines.
Maintenance and Operational Standards
DEGS - Maintenance of sidewalk or parklet encroachments shall be the sole responsibility of the permit holder.
DEG9 - Any item permitted to be placed in the City right-of-way shall be maintained in a safe manner so as not to obstruct pedestrian access to public sidewalks, access ramps or doorways. Movable items, like chairs, shall be positioned to prevent obstruction of access routes at all times. The permitted item shall be, if moved by patrons, relocated to the appropriate location at all times.
DEG10 - All materials shall be well maintained without stains, rust, tears or discoloration.
Materials that show signs of significant wear/age shall be replaced.
DEG11 - Umbrellas shall be constructed of durable fade resistant materials Golors and Materials
The types of materials placed on City sidewalks shall portray a well maintained and aesthetically appealing streetscape. The variety of uses that exist in the Downtown require a cohesive Guideline of allowed materials, colors and variation of items permitted in the common commercial area.
DEG12 - All items located on the public sidewalk shall be constructed of durable materials appropriate for use in the public rights-of-way. Folding chairs, lightweight materials, deteriorated, U.V. damaged, splintered or other similar furniture will not be approved or placed in the rights-of-way. Sealed or painted metal or wood tables are recommended.
DEG13 - Permitted encroachments shall be complimentary in material, color and design to the buildings they serve and are adjacent to.
DEG14 - Table cloths, umbrellas and similar materials used as part of an encroachment, shall be clearly,described in the project application (material samples may be required). All materials shall be painted, stained, etc., in a solid color; stripes and patterns are discouraged.
DEG15- Street furniture shall not contain signs, advertising, or logos.
Outdoor Displays
DEG16 - Sales racks shall not be permitted within the City right-of-way. 4 DEG17 - Outdoor displays shall be limited to single items or object displays or a few examples of items or goods sold in the store and must comply with all other standards of these guidelines.
Umbrellas and Outdoor Furniture
DEG18 - Umbrella shades shall have approved solid colors. Patterns and stripes are discouraged.
DEG19 - Umbrellas shall be installed and maintained so as to provide pedestrian clearance by maintaining seven (7) feet of clearance from the sidewalk to the lowest edge of the umbrella. Umbrellas shall not exceed a maximum height of nine (9) feet from lhe base to the top portion of the pole.
Planters and Landscaping
DEG20 - The use of pots and other planters should be kept to a minimum and used against buildings to accent openings. Planters shall not be used to define seating areas or othenrise cordon off the public sidewalk for private use.
DEG21- Planters shall be of a variety and maintained so as to not drain onto the sidewalk or street.
DEG 22 - Plant materials shall be high quality and shall be maintained in viable condition at alltimes.
DEG23 - Debris or litter caused by planters or nearby landscaping shall be maintained or cleaned by the responsible business or property owner. Debris, siains or litter shall be cleaned or removed by the responsible business or property owner.
DEG24 - Planters and landscaping shall be trimmed to maintain the required six-foot clearance required by DEG1.
Alcohol Service
No alcohol shall be served in outdoor areas in the public right-of-way unless approved by the City and California Department of Alcoholic Beverage Control.
Parklets
Parklets are a small public gathering space, occupying parking stalls, on a public street, used either as an extension of sidewalk dining, or as a stand-alone dining area, connected visually to, and for use by patrons of, a nearby restaurant, or food service establishment. They may also be used for public or private seating, bicycle parking, or other sidewalk type uses Parklets can be separate or extensions of the sidewalk area and are designed to meet accessibility and safety needs. When requirements of this section conflict with other Downtown "T" Encroachment Guidelines for the purpose of installing a parklet, the requirements of this section shall prevail. See attached Parklet Plan View and Section View 5 Layouts.
Parklet Eligibility
1. Must be a restaurant as defined in Section 8.08.820 of the Carpinteria Municipal Code.
2. Must be on a street where the posted speed limit is 25 miles per hour or less.
3. Must be on the bottom floor of the building and fronting onto a public sidewalk with adjacent on-street parking (may be all-day, time limited parking, or loading zone). lnitialTerm of Permit:
The initial term of the Permit will be for five (5) years. lf the Permittee desires to extend the parklet use beyond this initial term, Permittee shallsubmit a complete renewal application and updated insurance information. Following the initial term of the Permit, further Permit terms will be no greater than year-to-year thereafter. The initial term of a Permit or extensions thereof, however, remains subject to Carpinteria Municipal Code Sections
12.08.110 and 12.08.130.
Parklet Requirements:
DEG25 - Parklets will be allowed in a single parking space directly in front of the Permittee's business, and, if allowed, a maximum of two (2) parking spaces per business may be used for a parklet. Two adjacent businesses may combine to use up to four (4) parking spaces.
Parklets for a single business may be permitted a second parking space if the second parking space is in front of the business, or if the adjacent business is a joint Permittee.
DEG26 - Parklet including the street, roadway, or pavement underneath parklet shall be clean and free of all debris. Parklet shall be maintained in a safe, clean, and attractive condition at all times.
DEG27 - Parklet will be required to be inspected at time of installation and on an annual basis thereafter or before renewal of the Permit.
DEG28 - Parklet may be required to be removed or made removable a minimum of 24 hours before the start of a City project or special event. Written notification will be issued by the City at least 10 calendar days in advance of the City project or special event.
DEG29 - Advertisement of the business will be allowed to be placed on the outside sides of the parklet facing parked cars up to a maximum total signage area of 16" x 2O" each. The preferred signage type would be the business logo. The allowed signage shall not be on the side facing the street. No additional advertisement signage shall be posted within the inside of the parklet other than incidental to the service to customers. Where more than one business shares a parklet, each business will be allowed to have an advertisement sign up to the maximum allotted size described herein,
DEG30 - Parklet shall be for Permittee's business use during business hours and shall be available for public use during non-business hours.
DEG31 - A sign of business hours shall be conspicuously posted at the entrance of the parklet. The sign design shall conform to the following detail and be 1O-inches high by 20- inches wide (see figure below):
6 PARKLET
[8USINESs NAMEI SEATING HOURS
V1C)N tRI Lt:30 PM l[) t,tvt
SAI SI.]N 2 PM 9 PM
OPEN TO THE PUBUC ALL OTHER HOURS
.fti$",r,. .i-i ttt
" l..it
DEG32 - Wheel stops shall be installed 18-inches from the curb at the edge of the parking spaces in front of and behind the parklet. Wheel stops shall extend out to-O-feet from the iurb and shall be made of recycled rubber with reflective bands on the outside end and facing the parking space. Wheel stops shall be mounted to the roadway in conformance with the manufacturer's designs and details.
DEG33 - Reflective delineators (e.g. Safe-Hit Durapost or approved equal by the City Engineer) shall be installed at the outside end of the wheel stops. Delineatois shall not be placed within 1-foot of a bike lane or 2-feetof a vehicle lane. Raised reflective markers shall be placed along the parklet side of the bike lane or vehicle lane at 2-teet intervals along the entire parklet space including side buffers.
DEG34 - Reflective elements shall be installed along the corners of the parklet facing oncoming vehicular traffic. The reflective element shall be a minimum of a single element that is at least 6-inches in length and 2-inches wide or multiple elements that together add up to 6-inches of reflective length and each 2-inches wide.
DEG35 - Parklet shall not obstruct access to utility facilities including, but not limited to, drainage inlets, manholes, vaults, boxes, cabinets, and valves. Parlilet shall be placed no closer than 1S-feet from a fire hydrant, within 6-feet of a transit stop, nor within 6-feet of a driveway. Parklet shall not obstruct any traffic control device within the City right-of-way.
DEG36 - Parklet shall be oriented parallel to the curb and ramped to provide access to the entire parklet in conformance with the Americans with Disabilities Act (ADA) standards.
DEG37 - Parklet shall be located at least 4-feet from the wheel stops and no more than 6- feet, 6-inches from the curb face where there is an 8-foohwide parking space. Where the parking area is wider, the parklet may be wider by the same amount the width is over 8-feet.
Parklet area may extend onto the sidewalk a minimum of 2-feet and maximum of 6-feet provided there is a minimum of 6-feet clear from the edge of the parklet extension to the building or public right-of-way, whichever is closer. At the approval of the City, this clear space requirement may be reduced to S-feet where there is fixed public infrastructure that restricts sidewalk clear space.
DEG38 - Parklet outside railing adjacent to the bike lane shall not be less than 30-inches nor greater than 42-inches in height. Side railing that faces parked vehicles shall not be less than 24-inches nor greater than 42-inches in height. Parklet railing panels shall be visually open, 7 such as mesh, rails, slats, or a similar design as approved by the City Engineer. Visually transparent material may be installed on the inside of railing panels.
DEG39 - A minimum setback of 2-feet shall be provided from the edge of an adjacent bike lane or 4-feet from the edge of a vehicle travel lane.
DEG40 - Parklet shall contain a minimum of two fixed (2) public use seats for use during nonbusiness hours.
DEG41 - Parklet including, but not limited to, any part, component, and element, except the roadway attached wheel stop, shall not be permanently affixed, installed, placed, or connected to the City right-of-way including, but not limited to, street, roadway, pavement, curb, gutter, sidewalk, parkway, street tree, streetlight, and traffic control device.
DEG42 - Parklet shall be placed in at least one (1) parking space or 20-feet from the curb return of a street intersection corner. The presence of a curb extension, bicycle corral, or other physical barrier will allow the applicant to place the parklet adjacent to that facility if the City determines that safe sight distance is provided.
DEG43 - Parklet shall not have any solid roof and/or walls or other opaque materials above the railing. Parklet shall not have any covered structure with the exception of shade canopies and umbrellas made of flexible materials. Vertical pole or post type elements to place lighting, solar panels, or to hold shade canopy fabric or similar flexible materials for temporary shade may be permitted on a case-by-case basis. These lighting, solar panels, shade canopies, or vertical pole elements may remain in place during non-business hours.
Canopy materials and design are subject to City review and approval.
DEG44 - Parklet may be of any color subject to City approval and may be referred to the Architectural Review Board.
DEG45 - No television, projector, radio, speaker, and other visual and/or audio playing electronic entertainment devices shall be used within the parklet area. Outdoor live entertainment is prohibited unless otherwise permitted under Chapter 5.40 of the City's Municipal Code.
DEG46 - No cords, cables, wires, or other external electric service or supply connection shall be used. Generators shall not be used. Any proposed lighting shall be approved by the City prior to installation or as a part of the permit.
Additional Parklet Amenities
The following additional amenities may be allowed to be a part of a parklet as approved by the City and subject to any applicable discretionary review:
Furnishings - ln addition to the public use seating requirements, private furnishings including tables and chairs may be set or placed inside parklet. Private furnishings shall be removed out of parklet at the end of business hours. Furnishings may be distinct from any furnishings otherwise used by the permittee's business.
Landscaping - Landscaping is not required. However, landscaping is encouraged to be integrated into the parklet railing and sides, or placed within the parklet. Permittees are encouraged to use drought-tolerant and native plants.
Heatinq - Outdoor heating elements may be used inside the parklet. Outdoor heating a
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elements will require separate permitting and approval by the Fire District and/or City Building and Safety as stated in DEG6 above. Heating eiements may remain stored within the parklet during non-business hours and shall not block use of public seating areas.
o Liqhtinq - Self-contained solar- or battery-powered LED lighting systems may be used inside parklet if they do not interfere with or impact street iraffic and pedestrilns using the sidewalk. Permissible lighting shall be low intensity, hooded, downward-oriented and night sky-friendly in design.
' Bicvcle Parkinq - Bicycle parking may be installed by the applicant or the City in areas adjacent to the parklet including the street area between the parklet and a pirking wheel stop. lf bicycle parking is installed by the City, it will be maintained by the Oty.
Bicycle parking installed by the Permittee shall be reviewed and approved -by
the City
as a part of the Permit, and shall be maintained by the permittee.
Pre-Approved Parklet Vendors
The City has pre-approved the following parklet vendors that the applicant may consider. All product models and designs proposed from any of these vendors shall conform to the requirements herein:
1. Modstreet
2. Archatrak
lf used, the pre-approved vendor designs may be subject to an expedited permit review and approval.
Custom Parklet
For the purpose of these guidelines, the term, "custom parklet," refer to any parklet that is not from one of the City pre-approved vendors stated above. A custom parklet will be considered by the City for approval, and may be referred to the Architectural Review Board. Custom parklets shall conform to the standards described in Parklet Requirements (DEG 25 through DEG 46) and may include the types of amenities as described in Additional parklet Amenities. Custom parklets shall conform to City building code requirements as determined by the City Engineer. Custom parklet designs shall be prepared by a qualified professional such as a licensed contractor, engineer, or architect.
Other Types of Encroachments
DEG47 - Other types of encroachments, not anticipated in these guidelines, may be considered and permitted by the City, but must comply with the purpose and intent of these guidelines.
Downtown "T" Encroachment Requirements
Applicants seeking an encroachment permit to allow for encroachments into the City's public right-of-way in the Downtown "T" shall submit the following materials to the public Works Department for review and approval:
o Application and Fee - Complete the appropriate encroachment permit application and 9 a
submit the corresponding application or renewal fee
Description - Detailed written description that includes the number, style and type of material.
Diagram - Scaled drawing showing proposed Encroachments in relation to existing sidewalk, business frontage, parking, or landscape areas. lmages - Applicant shall provide photographs of the proposed material(s)/furniture Maintenance Responsibility - Applicant shall maintain the permitted location free from all debris. For permitted parklet, applicant shall maintain free from all debris in, within, on, and under thereof. The term, debris, shall include, but not limited to, garbage, litter, loose material, refuse, rubbish, scrap, trash, and/or waste pieces or remains.
Pedestrian Access - Applicant shall maintain the required pedestrian access set forth by the permit, these guidelines or any other safe access requirements. lndemnification and lnsurance - lssuance or renewal of an encroachment permit shall be contingent upon the applicant signing the City's indemnification and hold harmless agreement. The applicant shall also provide proof of insurance in accordance with Chapter 12.08 of the Carpinteria Municipal Code. Minimum coverage limits will be established by the City at the time of application.
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11 Section View
ATTACHMENT C
Excerpts of Downtown Garpinteria Parking Study
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WALKER
CONSULTANTS
Downtown Carpinteria Parking Study
33-2129.00
Additionally, TNCs have the potential to provide some benefits to parking demand, as those that arrive by TNC will not need to park a personal vehicle.
. Provide dedicated pickup/drop-off space for Transportation Network Companies (TNCs, such as Uber and Lyft).
Pa rklets
The City of Carpinteria expressed interest in exploring the opportunity to allow for parklets in the downtown. A parklet reimagines on-street parking as places to "park" people instead of cars, expanding the sidewalk into one or more on-street parking spaces. The intent of parklets is to provide more space for people and people-oriented activity. Parklets provides the opportunity to provide street amenities such as seating, landscaping, public art, or bicycle parking, among others.
ln response to the Covid-19 pandemic, the City has allowed temporary parklets for some businesses on Ltnden Avenue. Since then, there has been interest in making these permanent.
Similar to a public park, parklets are typically open to the public and allows for a free flow of community activity.
Parklets can also be established for the exclusive use of a business or a combination of both - i.e. for patrons of a businesses for a set number of hours and then open to the public.
Many cities across the country have implemented parklets in varying capacities with great success in generating community and economic development by attracting more people to retail corridors where they are shopping, people watching or just plain havingfun. Businesses have reported aI0%lo 20% increase in sales when parklets were built.6 Further, studies have shown that parklets can activate a commercial district by encouraging people to visit when they otherwise would stay home.
Given that Linden Avenue and Carpinteria Avenue are relatively long streets for walking, there is an opportunity to use one or more parklets to create a more comfortable pedestrian experience, allowing pedestrians a place to rest and relax, Further, given that outdoor dining areas on Linden Avenue can block pedestrian access, moving dining areas to a parklet opens the sidewalk back to pedestrians.
The City can partner with local businesses and other organizations to lease the right-of-way and create parklets that provide additional outdoor seating for a restaurant or provide additional public space. A similar program in Portland, Oregon, called the Street Seat Program, allows businesses and non-profits to build flex spaces based on City approval for a fee of S5,520. Parklets work well outside of existing restaurants or cafes, especially those with no cost Wi-Fi. The City can partner with these locations to assist in the responsibilities and upkeep of the space (e.g. taking in chairs, move dining tables, etc.). Parklets should be ADA accessible and outfitted with seating and planters to provide a barrier to the street.
Recommendation Summary - Transportation Network Companies 6 Metropolitan Planning Council study of Chicago's People Spots, 2014 available at www.metroplanning.org/peoplespots WALKERCONSULTANTS I 104
e WALKER Downtown Carpinteria Parking Study
33-2129.00
CONSUTTANTS
Figure 32: Parklet with Outdoor Seating and Bike parking Example While the City may partner with a business, it is also recommended that the parklets remain publicly available and not for the exclusive use of this business for at least some of the time. This allows the space to remain part of the public realm and not exclude members of the public.
Beyond just dining or sitting, flex spaces may be used for bike or scooter parking. Some flex spaces may be designed to allow for a combination of both seating and parking for bikes or scooters.
Some additional benefits of flex space include
o Flex space increases foot traffic around nearby businesses, providing a positive economic impact . Can provide a traffic-calming effect on the street
r Enhanced pedestrian experience
e lncrease sense of place and community
lf it is the community's desire to retain parking on Linden Avenue and Carpinteria Avenue, parklets may also be considered along side streets. This provides additional public space while still being within close proximity to the commercial downtown.
lmpacts of Parklets on Downtown parking
The primary drawback to parklets is that they reduce public on-street parking. Considerations would need to be made in regard to how and where this parking would be displaced. However, while the space could accommodate one parked vehicle, a parklet could provide space for several pedestrians, additional seating, and bike parking.
With the existing surplus of parking, the conversion of a few spaces on Linden Avenue to parklets should have an imperceptible impact. over time, as parking demand increases in downtown, the parking management strategies recommended as part of this study should aid in continuing to mitigate in any potential loss of parking due to parklets.
The City may also consider providing limits on the number of parklets allowed per block (e.g. one or two per block) to limit the amount of parking displaced. Some cities also require parklets to be designed to be removable. This allows the City more flexibility in requiring parklets to be removed some of the time (e.g. a parade or community WALKER CONSULTANTS | 105
WALKER
CONSULIANTS
event). Additionally, parklets would
require permits that the City would
review annually, allowing flexibility for
the City to evaluate the feasibility of
continuing to allow parklets.
Additionally, in order to maintain a
protected bike lane (as recommended
previously), the parklet can be located
in the parking lane, with additional
design considerations considered such
as marked pedestrian crossing and
signage indicating to bikes that
pedestrians may be crossing into the
parklet.
o Create a parklet program for Downtown Carpinteria
Downtown Carpinteria Parking Study
33-2129.00
Recom mendation Su m ma ry - Pa rl<lets
WALKERCONSULTANTS I 106
ATTACHMENT D
Potential Prefabricated Parklet Costs
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Potential Prefabricated Parklet Costs
26'x 6'
12'x 6' $14,911
$20,115
b<tra Planter $872
$664$721
Extra 3' RailingExtra 4' Railing
LED Lighted
Umbrclla
$900 Pole for Hanging
Ughts
$1e0
Ground Planter $960
Modslreet
Accessories
12'x6'
24'x6'
$12,400$21,300
$195
$1,300
Hanging Planter
Extra 4' Railing
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ATTACHMENT E
Sample- Notice to Temporary Program Permit Holders
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CITY of CARPINTERIA
January 3I,2023
Island Brewing Company
5049 6th Street
Carpinteri4 CA 93013
Re: Temporary Permits for Outdoor Use of Private Property Dear Business Owner:
The City of Carpinteria is notifying you that permits for Temporary Outdoor Business operations on private property, will expire on June 30,2023. On February 13,2A23,the City Council will make amendments to the Downtown "T" Encroachment Permit Guidelines, that, if approved, will provide holders of permits for locations in public rights-of-way in the Downtown "T'o a path to a permanent permit.
The City Council has not initiated a process that would allow any similar path for holders of perrrits on private property. This means the only path available is a regular development permit / amended development permit.
So please contact the Community Development Departrnent prior to the June 30, 2023, so you have time to explore your options and/or feasibility of pursuing a regular permit in order to continue using your private properfy.
Alonzo
Code Supervisor
5775 CARPINTERIA AVENUE r CARPINTERIA, CA 93013-2603 (S05) 684-5405 o FAX (S05) 6S4-5304 www.carpinteria.ca. us
City of Carpinteria
GouttclI. Acenon Srarr Reponr
April 24,2023
ITEM FOR COUNCIL CONSIDERATION
Bob Hansen Creeks Preservation Program Annual Report
STAFF RECOMMENDATION
Receive a presentation on City efforts to protect and restore City creek resources as part of the Bob Hansen Creeks Preservation Program.
Sample Motion: I move to receive and file the annual Bob Hansen Creeks Preservation Program Report.
BACKGROUND
City staff annually carries out work and participates in activities to protect and restore Carpinteria's creeks consistent with City policies and regulations. Some of these activities have become routine and are undertaken on an annual or ongoing basis, while others are project-specific efforts, or special projects that the City lends its support to as part of various m u lti-j u risd ictional efforts.
Each year, as part of the City's ongoing implementation of the Bob Hansen Creeks Preservation Program, City staff provides an update to the City Council and community on current efforts undenray related to the preservation and restoration of the City's four creeks: Carpinteria Creek, Franklin Creek, Lagunitas Creek and Santa Monica Creek.
DISCUSSION
Below is a brief summary of projects and activities completed since the last report on the Bob Hansen Creeks Preservation Program (presented to the City Council in February of 2022), as well as a description of projects/events that are expected to be undertaken in support of protecting Carpinteria creeks within the current calendar year (2023 calendar year).
April24,2023
Annual Creeks Program Report
Development Review and Resource protection
Community Development Department staff continue to review development proposals for projects adjacent to City creeks and ensure that projects presenly under construction avoid impacts to adjacent creeks resources through proper mitigation measures. Staff also continue to undertake routine efforts to reduce unpermitted activities within City creeks in an effort to better protect sensitive creek resources. Since the 2021 update, City staff has worked on the following creeks-related development projects and resource protection efforts:
o 9arpinteria Avenue Bridqe Replacement: The project design team continues to finalize construction plans for the replacement of ihe existing Carpinteria Avenue Bridge with a new three-span bridge that will meet current sitety and design requirements, including improving the hydraulic capacity of the bridge to accommodate 1O0-year storm flows. The new bridge would also further reduce obstructions-to steelhead migration by removing the existing row of piers from the creek's low flow channel. Utility relocation coordination with affected'public utilities in the project area remains undenryay. Some limited tree removals ahead of anticipated overhead utility relocation may take place in Fall 2023. The project is fully permitted and, at this time the City is expecting to put the construction contract out to bid in Fall2023 in anticipation of a Spring 2024 start date for construction activities.
9.S.. Hiqhwav 101 HQV Wideninq Proiect & Santa Claus Land Multi-Use path: ;n April 2019, the Planning Commission approved a ConOitionat Use permit anO Coastal Development Permit for the portion of the project located within the City of carpinteria. work on the U.s. Highway 101Hov Widening project commenced in spring of 2020, with work starting in Carpinteria and moving west towards Santa Barbara. As part of the widening project, the existing freeway bridges over Franklin and santa Monica creeks are being replaced'to accommodate the additional travel lane in each direction bnd improve storm flows. More recently, in December 2021, Caltrans received approval from the Planning Commission for the construction of the Santa Claus Lane Multi-Use Path, which is currently under construction as part of the highway widening project adjacent to the Carpinteria Salt Marsh. Work occurring in-or near CIty creeks, the Carpinteria Salt Marsh and related storm drainage facilities is subject to mitigation measures to address water quality, sensitive species avoidance, habitat restoration requirements, and a requirement for an onsite environmental monitor during construction.
Mgtel 6- Liqhting and Landscapino lmprovements: As part of a zoning compliance effort, City staff is continuing to work with the opEratois of the Motel-6 located at 5550 Carpinteria Avenue, adjacent to Carpinteria Creek, to address incremental removal of trees from the site and installation of non-compliant site lighting. a
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April24,2023
Annual Creeks Program Report
Most recently, in 2022, the Motel 6 operators brought on a new project team to develop a revised lighting plan and landscape plan that better responds to previous input provided by staff and the ARB. The revised plan was granted preliminary approval by the ARB in April2022 and approved by the Director in May 2022. Unfortunately, shortly thereafter, the subject Motel 6 property changed ownership. Staff has met with the new ownership, briefed them on the project status and proposed plans, and agreed to a temporary hold on the project until the new owner can assemble a consultant team to complete the project. Staff anticipates this effort to pick back up in early 2023.
a Carointeria Sanitarv District Creek Embank ment Reoairs: During the January 2018 debris flow event, the armored embankment of Carpinteria Creek protecting the District's wastewater treatment facility was damaged. The District received an Emergency Permit from the California Coastal Commission in Fall 2018 to undertake interim emergency repairs to stabilize the embankment and prevent further damage in the event of subsequent debris flow events. ln 2021,hhe District received a Coastal Development Permit from the California Coastal Commission to undertake permanent repairs to the embankment. Work was completed on the embankment repair in 2021122. Mitigation monitoring and habitat enhancement remains ongoing for five years following completion of the project.
Klentner Mixed Use Concept: ln December 2022, the City Council, Planning Commission and ARB considered a conceptual proposalfor a com mercial/residential m ixed-use development at 47 45 Carpinteria Aven ue, adjacent to the Franklin Creek channel. The conceptual proposal showed the required SO-foot setback from Franklin Creek for the new development. City decision-makers provided feedback to the property owner to assist in the refinement of the plans in anticipation of a formal project submittal in early 2023 nion P uisitio With grant funding awarded through the CaIOES a
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hazard mitigation grant program, the City successfully completed the acquisition of the Mannion property, located along the west bank of Carpinteria Creek, just downstream of Carpinteria Avenue. Pursuant to the terms of the grant, existing improvements on the property were removed and the area was restored to an undeveloped condition. Acquisition of the property by the City and removal of improvements from flood prone areas along the creek corridor reduces flood risk, and over time will serve to enhance protection of, and public access to, the Carpinteria Creek corridor. Future work efforts will focus on developing and implementing a plan for how this property can fit into the City's open space and recreational prog ramming.
a Via Real Stormwater Proiect: Phase 1 of the Via Real Stormwater Project, which includes 1o0o/o design, plans, and specifications, was completed and submitted April24,2023
Annual Creeks Program Report
to the California Office of Emergency Management (CalOES) on February 16, 2022. The project includes construction of a detention basin, a new storm drain along Poplar Street and Via Real, as well as a series of infiltration swales designed to slow flows and improve water quality.
The City was awarded funding for the first phase (design) of the project under the Federal Emergency Management Agency ("FEMA") Hizard Mitigati-on Grant Program, administered by caloES for phase 1 (design) and phJse 2 (construction). The City was also awarded an Urban Flood Protection (UFp) Grant, administered by the California Natural Resource Agency, The iity received approval to move fonryard with Construction in OctoOer of 2022 and is currently in the process of determining additional funding sources. By the end of 2022, Public Works was finalizing the construction phnJ in anticipation of issuance of a Coastal Development Permit for the project in early 2023. o Santa Barbra Flood Control Maintenance Activities: City staff continues to work closely with other agencies including Santa Barbara County Flood Control District to review and permit routine creek maintenance projects in City watersheds.
County Flood Control District staff annually survey City creeks and flood control facilities to identify necessary maintenance needs to ensure adequate storm 1ow capacities through allwaterways. No routine maintenance activities were identified for Carpinteria waterways in 2022.
City staff has also been coordinating with Flood Control staff concerning the Flood Control District's Updated Carpinteria Salt Marsh Enhancement plan, which addresses the ongoing periodic dredging of accumulated sediments from the lower Franklin Creek channel and the main channel through the Salt Marsh, as well as periodic clearing of accumulated sediments from Carpinteria Valley detention basins. ln both cases, this work is completed in order io restore and maintain adequate hydraulic capacity of flood control facilities for future storm events.
The sediments removed from these facilities are a desirable source of natural materials that are generally suitable for beach nourishment. However, City staff has been advocating for development of a larger programmatic approach to these ongoing activities that could consider and identify alternative sediment removal strategies that avoid the routing of truck trips through City streets and across the City beach in order to dispose of the collected sediments on the City beach, and appropriate mitigation measures for unavoidable impacts. The City remains in communication with County Flood Control District on this matter. creet< survew: The city's Biological consultant, Vince semonsen, and city Planning and Public Works staff completed eight walks of parts of the City's creeks to look for sources of illicit discharges, unpermitted development and other threats to the well-being of the creeks as well as to monitor ihe progress of a
April24,2O23
Annual Creeks Program Report
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various development and restoration sites and gauge overall creek health. The City Biologist's annual report for 2022, which includes monitoring of current and ongoing projects for the calendar year, has been recently completed and will be posted to the City website.
The annual report noted several areas along lower Carpinteria Creek where invasive non-native vegetation was observed to be spreading and recommended these areas be addressed early in 2023.In particular, he identified several small isolated sprouts of giant reed (Arundo donax) within the City limits and a larger infestation of cape wy (Delairea odorata) along the east bank of Carpinteria Creek, just upstream of the Carpinteria Avenue Bridge. Removal of these invasive non-native species before they can further spread would greatly benefit the overall health of the creek.
Stormwater and lllicit Discharqes: The City also continues to address impacts to City creeks as a result of urban runoff and stormwater events as required by the State Water Quality Control Board Phase ll Small Municipality Separate Storm Sewer System Permit (Order No. 2013-0001 DWO) (Phase ll Permit). The Public Works Department continues to implement the RegionalWater Quality Control Board's ("RWQCB") Post-Construction Runoff Controls for Central Coast municipalities through the Stormwater Technical Guidance for Low lmpact Development for new, qualifying construction projects.
The City submitted its ninth annual report for compliance with the Phase ll Permit in October 2021. The Phase ll Permit regulates and addresses all aspects of stormwater runoff including source reduction, illicit discharge elimination, water quality and education/outreach. A new draft of the Phase ll Permit is expected to be released in summer 2023. This permit update has experienced several delays due to staffing changes. Through the City's membership with the California Stormwater Quality Association, staff continues to interface with staff from the State Water Resources Control Board on draft language prior to public release.
The City continues to work on the lllicit Discharge Detection and Elimination Program, tracking and abating unpermitted discharges into the City's storm drains and/or creeks. ln 2022, staff followed up on ten reported discharges and issued five verbal warnings and two citations, both of which included an order to abate.
Encampments: Public Works, Parks and Recreation Department, Code Compliance and Sheriffs staff continue cooperation/coordination in abating litter and hazardous waste associated with encampments of people experiencing homelessness within the City, including in, or adjacent to, City creeks. These encampments pose a threat to creek resources due to habitat damage/vegetation removal, trash accumulation and human waste. a
April24,2023
Annual Creeks Program Report
Recognizing the ongoing challenges with encampments in this area, the areas along the carpinteria creek bike path were signed and posted as an environmentally sensitive habitat area subject to restricted entry in 2021. Despite this designation, the area continues to be an attractive location for encampments. ln the 2022 calendar year, Code Compliance and Public Works staff logged more than a dozen clean-ups of encampments from the City's creek corridori, with the majority of them occurring in the last two months of the year. The uptick in encampment clean-ups has been attributed to a new group of younger individuals experiencing homelessness who have repeatedly sought out areas along the creek for larger, more elaborate encampments than staff has experienced in the past years. lt is expected that abatement of these encampments will continue to be a priority effort heading into 2023.
Going fonryard, the project design team for the Carpinteria Avenue Bridge replacement has incorporated design solutions into the bridge plans that would aid in discouraging encampments around, or under, the new bridge. ln addition to these cleanups, City staff and Law Enforcement have been offering resources for people in the encampments to clean up after themselves. This includes providing trash bags and gloves during contact at encampments that are not located in watenruays.
ln 2022, Staff acquired improved code compliance software that allows for simpler, and more complete tracking of code compliance activities, including abatement of homeless encampments. Accordingly, staff anticipates having a more complete understanding of the expenditure of staff time and resources in abating encampments in 2023 and beyond.
Public Education and Outreach
Pursuant to the provisions of the City's Creeks Preservation Program and State Water Board Phase ll Permit requirements, City staff conduct a numbei of public education and outreach efforts related to City creeks and natural areas, trash pick-ups, water quality, stormwater and urban runoff. Ongoing education and outreach efforts included Annual Creeks Mailer: The City annually sends a letter to property owners and occupants adjacent to City creeks notifying them of the creek's special status and additional restrictions that apply to development and maintenance activities near creeks in the City. ln total, approximately 415 notices are annually sent out to property owners and residents adjacent to the City's creeks. o Public ucation The City is been involved in various outreach/educational gfforts, including helping to hosUorg anize cleanups of the right-of-way, creeks, beaches, and local parks, as well as replacing invasive species with natives along creek corridors. Additionally, the City coordinates with other local agencies to host evening community presentations about our local creeks in coordination April24,2023
Annual Creeks Program Report
with Creek Week, leading Carpinteria Salt Marsh tours, and once again sponsoring and participating in the Santa Barbara County Creek Week events and Coastal Cleanup Day. This Bob Hansen Creeks Report is also a part of these Public Education efforts. ln 2022, two city-wide trash cleanups were conducted, one in the spring in partnership with Carpinteria Beautiful and one in the fall as part of Coastal Cleanup Day. An estimated 165 volunteers showed up for those events.
Inteqrated Pest Management: The City's lntegrated Pest Management ('lPM") committee continues to meet as needed and work on pest and weed control issues on City-owned properties.
Carpinteria Creek Restoration Work
As noted in previous years' reports, all major fish passage removal and creek habitat restoration projects identified in the Carpinteria Watershed Management Plan and the post-Thomas Fire recovery plan have been fully completed. Periodic, smaller-scale restoration projects will continue on an ongoing basis, typically as part of new or redevelopment projects occurring adjacent to City creeks. lncrementally, over time, these smaller scale projects will help to preserve and improve habitat quality, and in appropriate circumstances, can enhance public access to, City creek resources.
Upcoming Projects and Endeavors
ln the coming year, City staff anticipates continuing work on a variety of creeks-related projects including:
Ongoing monitoring of the habitat restoration and landscaping components of the Highway 101 Linden-Casitas Interchanges and Via Real Extension project; Continuing work on the U.S. Highway 101 HOV Lanes project, including the replacement of the freeway overcrossings at Santa Monica and Franklin Creeks, and construction of the Santa Claus Lane Multi-Use Path project; Continuing work on some of the above-described development projects including but not limited to the Carpinteria Avenue Bridge Replacement Project, the Motel 6 Lighting and Landscaping Project, the Via Real Hotel Project, and the 4745 Carpinteria Avenue M ixed-Use Development;
Permitting and initiation of Phase 2 (construction) for the Via Real Stormwater Project.
Ongoing implementation of the RWQCB's post-construction stormwater req uirements for development projects;
Undertaking small-scale stormwater improvements as part of larger Development Projects (such as stormwater/drainage improvements for private development); Pursuing grants for stormwater projects and creekside property acquisitions; and a
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April24,2023
Annual Creeks Program Report
' Continued participatlon in regional groups to improve water quality, such as the lntegrated Regional Water Management group and Santa Barbari County Association of Municipally separate storm sewer system Managers; Additionally, the City will continue to lend its support to projects restoring Carpinteria Creek and to raise awareness throughout the Carpinteria Valley of the clommunity's unique creek resources.
Creeks Program Annual Reportino
The City intends to continue to work towards protecting and preserving creek resources within the City and working collaboratively with other organizationr and agencies in the Carpinteria Valley to implement a watershed-based apploach to creek protection and restoration. However, due to many of the large-scale projects having been completed, staff_is requesting direction from Council regarding the format of thJannual reporting ior the Bob Hansen Creeks Preservation Program. As mentioned above, much of the work conducted in 2022, as in the previous year, was ongoing programmatic work. This pattern is expected to continue for the foreseeable future. Aciordingly, this report could be presented in future years as a summary memo, or updates coulJ be provided throughout the year as part of the City Manager's Report and on the City's website if the council no longer wishes to receive annual report and presentation.
OPTIONS
1. Receive and file the Bob Hanson Creeks Preservation Program and provide direction to staff on future annual reporting.
Staff contact: Nick Bobroff, Principal planner
(805) 7 55-4407 ; n [email protected]
Signature
Staff contact: Erin Maker, Environmental p
(805) 880-34 1 5; [email protected]
rogram Manager
Reviewed by: Dave Durflinger, City Manager
7z
City of Carpinteria
COUNCIL AGENDA STAFF REPORT
April 24, 2023
ITEM FOR COUNCIL CONSIDERATION
Annual report on the progress being made implementing the City's General Plan.
STAFF RECOMMENDATION
Accept the 2022 General Plan Annual Progress Report and direct the Community Development Director to submit the Report to the Governor's Office Planning and Research.
Sample Motion: I move to accept the 2022 General Plan Annual Progress Report and to direct the Community Development Director to submit the Report to the Governor's Office of Planning and Research.
BACKGROUND
Pursuant to California State law, each City and County is required to prepare an Annual Report to its legislative body on the status of the General Plan and progress on its implementation. The law requires that a copy of the General Plan Annual Progress Report (Report) be submitted to the Governor's Office of Planning and Research (QPR) at the same time it is submitted to the legislative body. The Community Development Department will send the report to the State and post the document on the City's website pursuant to Council's direction.
DISCUSSION
Carpinteria adopted an update of its General Plan and Coastal Land Use Plan in January 2003. An updated Housing Element was certified by the State in 2014. The Housing Element Annual Report is reviewed and submitted separately from the General Plan Annual Report. The 2022 Housing Element Report was reviewed and approved by the City Council on March 13, 2023 and was subsequently submitted to the State Department of Housing and Community Development on March 15 th
. The report is
included as an exhibit with the General Plan Annual Progress Report. 2022 General Plan Annual Progress Report
April 24, 2023
The General Plan identifies the central goal of the community.
To preserve the essential character of our small beach town, its family-oriented residential neighborhoods, its unique visual and natural resources and its open, rural surroundings while enhancing recreational, cultural and economic opportunities for our citizens.
Implementation of the central goal is described through objectives and policies organized by eight elements: Land Use, Housing, Community Design, Circulation, Open Space/Recreation & Conservation, Safety, Noise, and Public Facilities & Services.
The 2022 Report was prepared, in part, to comply with the requirements of OPR's General Plan Guidelines. The format and content of the Report has been prepared in accordance with the State's submittal requirements. The report includes a summary of activities and actions taken by the City that implement the objectives and policies of the General Plan. The report is organized by the eight General Plan elements. Each General Plan Element has been identified and is accompanied by a brief summary of its adoption and amendments that followed. Important goals and objectives are then summarized with a description of City activities and achievements that were undertaken to implement those objectives and policies over the last calendar year.
In summary, the Report describes various development, legislative and administrative/regulatory actions that serve to implement the General Plan. The accomplishments include actions taken by the City Council, Planning Commission and various committees and boards in response to private and public development project applications, legislative actions that further the objectives and policies of the General Plan, and supporting administrative and regulatory activities undertaken by City staff.
POLICY CONSISTENCY
As a requirement of Government Code (Section 65400(a)(2)), the Report serves as evidence of implementation of the City's General Plan goals, objectives and policies. By submitting the Report to the Office of Planning and Research and the Department of Housing and Community Development each year, the City fulfills statutory requirements to report certain housing information that shows progress in the local agency's efforts in meeting its share of regional housing needs and local efforts. The Report is also a tool for understanding where General Plan implementation work remains and how related resources may need to be focused to address General Plan policies.
FINANCIAL CONSIDERATIONS
Other than the cost of preparation, there is no anticipated financial impact to the City as a result of submitting this report. Preparation of the annual General Plan Report is an unfunded state mandate.
N:\Director\Annual Reports - GP and HE\2022\2022 GP Update\CC Staff Report GP Annual Progress Report 03 2023.docx 2022 General Plan Annual Progress Report
April 24, 2023
LEGAL AND RISK MANAGEMENT CONSIDERATIONS
With submittal of the document to OPR, the City will have complied with California planning law pursuant to §65400(b)(1) of the Government Code.
OPTIONS
1. Authorize the COD Director to submit the Report to the Governor's Office of Planning and Research.
2. Recommend changes be incorporated into the Report and authorize the Community Development Director to submit the revised Report to QPR.
3. Recommend changes and direct staff to return a revised Report for further review.
PRINCIPAL PARTIES EXPECTED AT MEETING
Interested members of the public.
ATTACHMENTS
Attachment A
Staff contact:
Reviewed by:
Reviewed by:
2022 General Plan Annual Progress Report
Marysol Smith, Associate Planner
(805) 755-4451, [email protected]
j ~ Signature
Steve Goggia, Community Development Director
(805) 755-4414, [email protected]
~
~
~M
~
Dave Durflinger, City Manager
(805) 755-4400, [email protected]
N:\Director\Annual Reports - GP and HE\2022\2022 GP Update\CC Staff Report GP Annual Progress Report 03 2023.docx Attachment A
2022 General Plan Annual Progress Report
City Council Meeting
April 24, 2023
This page is intentionally left blank
2022 General Plan Annual Progress Report
City of Carpinteria
-.
Report Presented to the City Council
April 24, 2023
City Council
Al Clark, Mayor
Natalia Alarcon, Vice Mayor
Roy Lee
Wade Nomura
Monica J. Solorzano
Planning Commission
Jane L. Benefield, Chair
Glenn La Fevers, Vice-Chair
David Allen
John Moyer
Katherine Salant
City Staff
Dave Durflinger, City Manager
Steve Goggia, Community Development Director
Matt Roberts, Parks, Recreation & Public Facilities Director John Ilasin, Public Works Director
Licette Maldonado, Administrative Services Director
21Page
Contents
Introduction 4
Development Activities/Project and Program Review 5
General Plan Elements and lmplementation 10
LAND USE ELEMENT 10
COMMUNITY DESIGN ELEMENT 14
CIRCULATION ELEMENT. 16
OPEN SPACE, RECREATION & CONSERVATION ELEMENT 19
SAFETY ELEMENT 24
NOISE ELEM ENT 26
PUBLIC FACILITIES AND SERVICES ELEMENT 27
HOUSING ELEMENT 29
General Plan/Coastal Plan and Zoning Code Updates 30
Goals, Priorities and Objectives 31
Conclusion 32
Figures
City of Carpinteria Land Use Map 13
Exhibits
Housing Element Annual Progress Report (2022)
Work Plan Accomplishments Table (2022)
City Council Staff Report (April 24, 2023)
Exhibit 1
Exhibit 2
Exhibit 3
31Page
City of Carpinteria
2022 General Plan Annual Progress Report
Introduction
California Government Code Section 65400(a)(2) requires an annual report on the status of the General Plan and the City's progress in its implementation, including progress in meeting its share of regional housing needs. This Annual Report must be submitted to the City Council and the Office of Planning and Research (OPR) each year; a separate annual report detailing the City's progress toward implementing its Housing Element has been submitted to the Department of Housing and Community Development (HCD). The preparation of this report provides an opportunity to review activities and projects of the prior year in the areas of development and other programs that work toward implementing the City's General Plan.
Carpinteria adopted an update of its General Plan and Coastal Land Use Plan in January 2003.
The General Plan identifies the central goal of the community:
To preserve the essential character of our small beach town, its family-oriented residential neighborhoods, its unique visual and natural resources and its open, rural surroundings while enhancing recreational, cultural and economic opportunities for our citizens.
Since its adoption in 2003, the City has worked to implement the policies outlined in the General Plan. The various departments that make up the City of Carpinteria work together to implement various aspects of the General Plan. These departments include General Government, Administrative Services, Parks, Recreation and Public Facilities, Public Works, and Community Development. The General Plan is designed to be consistent with the California Coastal Act. The Land Use Plan is a part of the City's certified Local Coastal Program.
This document is a reporting document, and does not create or alter policy. The content is provided for informational purposes only, and is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15306.
This report is organized to comply with OPR's General Plan Guidelines. The report includes sections that correlate with the Elements of the General Plan and details important information and events from the 2022 calendar year. Exhibit 1 includes the City Council Adopted Housing Element Annual Progress Report. Exhibit 2 includes the Work Plan Accomplishments Table from the City of Carpinteria's Annual Work Plan.
41Page
Development Activities/Project and Program Review
Throughout 2022, the City reviewed numerous projects through the development review process and participated in many planning efforts. The proposed projects function to implement land use, community design and other elements of the General Plan. The following summaries provide a general overview of the projects, programs and permits that were reviewed. These summaries are general and are not intended to be exhaustive.
BUILDING PERMITS
In 2022, the Building Division issued 282 Building Permits. These permits were issued for commercial remodel projects, residential remodels, solar photovoltaic power systems projects, new construction projects, and various other energy-reducing water heater replacements, LED lighting upgrades, and other minor permits throughout the City. Fourteen Certificates of Occupancy were issued for new residential units and one for a commercial location.
PLANNING PERMITS
The Planning Division processed a variety of planning permits throughout the year, including Development Plans, Conditional Use Permits, Coastal Development Permits, Parcel Maps, and associated environmental review documents, as needed.
The Planning Commission reviewed the following application types over the course of the year:
4 Development Plans/Amendments/Revisions
6 Conditional Use Permits/Revisions
9 Coastal Development Permits
2 Conceptual Reviews
4 Government Code § 65402 Consistency Reviews
Over the course of the year, the Architectural Review Board reviewed 31 items, which consisted of 25 separate projects (including 16 residential projects). Of those reviewed, 15 projects resulted in favorable recommendations to the Community Development Director or the Planning Commission, 8 received conceptual comments, and 1 project were continued with comments for redesign.
SI Page
CODE COMPLIANCE
The Code Compliance Division works diligently to abate code violations through voluntary and, if needed, mandatory actions. This year, the Division abated numerous Zoning Code violations, including unpermitted garage conversions, and numerous Building Code violations. Other abated violations include, smoking in public places, public nuisance, and parking violations. Although many violations required formal citations, most violations get resolved through voluntary compliance efforts. During the year, voluntary compliance efforts were successful in abating unpermitted advertising banners, parking violations, weed abatement, fences and many other minor violations. The Division reports back quarterly to the City Council.
CITY COUNCIL
The City Council reviewed various programs, projects and regulations this past year. The following is a summary of key items reviewed.
January 10 Adopted Resolution No. 6079, authorizing the Community Development Director to submit a planning grant application to the California Coastal Commission for support of the Carpinteria Coastal Land Use Plan (CLUP)/General Plan and-Zoning Ordinance updates, and to update related consultant services agreements
January 24 Reviewed District Maps, including three draft plans created by Redistricting Partners. Council received the staff presentation, opened the public hearing and received public comment, deliberated and provided direction to staff and the consultant.
February 24 Accepted the Dune and Shoreline Management Plan and provided staff with feedback and request for more information.
March 14 Received and filed report on interim and long-term options for the establishment of City-operated, or sponsored senior programs, including the provision of a City facility, or facilities, for programming.
Allocated the CDBG Public Services Grant Funding pursuant to the recommendations of the City's CDBG Committee to equally share the funds between Peoples' Self-Help Housing's Carpinteria Camino Scholars program and the United Boys & Girls Club of Santa Barbara County's Carpinteria Club. 6IPage
March 28 Approved District Map A2 as the final District Map for the City Council District Elections and Ordinance No. 752 and schedule the second reading for the City Council meeting of April 11, 2022.
Adopted Ordinance No. 753, thereby establishing the sequencing schedule for district elections concerning five Council districts, amended the approved District Map by applying numeric District designations consistent with the sequencing schedule.
April 11 Adopted Resolution No.6119 approving the Local Roadway Safety Plan.
April 25 Approved and authorized the City Manager to execute the Mitigation Cooperative Agreement with the California Department of Transportation for the former Whitney Property.
Adopted Resolution No. 6127, approving the formation of an Ad Hoc Senior Services Planning Committee to include Council members Gregg A. Carty and Roy Lee.
Received and filed the annual report on efforts to assist people experiencing homelessness in Carpinteria and requested staff come back with a report on options on how to set up a Committee on Homelessness and how to initiate a homeless services program.
May 23 Authorized the City Manager to execute an agreement with Walker Parking Consultants for developing the Downtown Carpinteria Parking Management Plan.
June 27 Approved and adopted Ordinance No. 755, as modified by the City Council, an urgency ordinance establishing a temporary moratorium on the establishment of formula businesses in the City of Carpinteria.
July 11 Approved and adopted Resolution No. 6146, initiating amendment to the Carpinteria Local Coastal Program, including, but not limited to, the Zoning Code, regarding Formula Businesses in Carpinteria with general direction as discussed at this hearing to help guide the permanent regulations.
Accepted the draft Dune and Shoreline Management Plan and directed staff to move forward with acquiring funding for a cost benefit analysis. 7JPage
September 26 Adopted Resolution No. 6160 certifying that Ordinance No. 758 is intended to carry out the policies ofthe city's LCP consistent with the California Coastal Act, and directed that Ordinance No. 758 be transmitted to the California Coastal Commission for filing.
October 10 Authorized the City Manager to execute an Agreement with RRM Design Group to provide consulting design services for the Franklin Creek Trail Improvement Project.
October 17 Reviewed the public release of the draft 2023-2031 Housing Element Update. Authorized staff to submit draft to HCD for review, with changes.
October 24 Authorized the City manager to sign a consultant services agreement on behalf of the city with Equity Praxis group for assistance with the City's Racial, Equity, and Social Justice program
8JPage
PLANNING COMMISSION
The Planning Commission reviewed various projects last year, the following are a few examples.
May2 Approved the project and adopted the attached Resolution PC-22-005, thereby approving Project 21-2107-CUP/CDP/ARB to construct a new 500- foot segment of the Coastal Vista Trail; to remove a 3,400 square-foot building, existing asphalt and concrete paving.
June 6 Public meeting to discuss the 2023-2031 update to the Housing Element.
July 5 Approved a Development Plan and Coastal Development Permit to construct a new interim spur of the Coastal Vista Trail between Linden Avenue and Holly Avenue on City property along the south side of the Southern Pacific Railroad tracks.
August 1 Approved Ordinance 758 amending Title 14 of the Zoning Code by establishing Accessory Dwelling Units regulations and recommend that the City Council approve the Ordinance.
Approved Resolution PC-22-007 for the Development Plan Revision and Coastal Development Permit to allow an exterior building remodel and site renovations at 4994 Carpinteria Avenue to house Santa Cruz Island Foundation's "Chrisman California Islands Center".
Public meeting to discuss strategies to incorporate into the 2023-2031 Housing Element update.
September 6 Adopted Resolution No. PC-22-008 thereby determining that Carpinteria Valley Water District/Carpinteria Groundwater Sustainability Agency's acquisition of a temporary construction easement of approximately 35,635 square feet and a nonexclusive monitoring well easement of approximately 1,200 square feet for the purpose of constructing and operating three groundwater monitoring wells on the property owned by the City of Carpinteria, pursuant to Government Code §65402.
December 5 Recommended to the City Council that it adopt Resolution No. 6174 which would establish the parklets permit program.
91Page
General Plan Elements and Implementation
This section of the Annual Progress Report discusses specific projects and policies that demonstrate the implementation of the goals detailed in the General Plan during the 2022 calendar year. The 2022 Work Plan Accomplishments table is attached as Exhibit 2.
LAND USE ELEMENT
The Land Use Element establishes the type and density of land uses and guides growth and development by presenting a plan that reflects the community's desire to maintain and enhance an enjoyable, balanced quality of life. The City's Land Use Map identifies specified land use areas, including Agriculture, Residential, Commercial, Industrial and Open Space/Recreation. Decisionmaking bodies, such as the Architectural Review Board and the Planning Commission, rely on Land Use Element policies during the discretionary development review process. This basic tenet is expressed in the community's goal:
To preserve the essential character of this small beach town, its family-oriented residential neighborhoods, its unique visual and natural resources and its open, rural surroundings, while enhancing recreational, cultural and economic opportunities for residents.
Key Objectives
❖ 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-2: Protect the natural environment within and surrounding Carpinteria. ❖ 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.
❖ Objective LU-4: Influence land use decision making, use and development patterns in the unincorporated Carpinteria Valley to be supportive of the California Coastal Act and City objectives to preserve unique coastal resources by establishing open-field agricultural use as the predominant use in the unincorporated Valley.
❖ Objective LU-5: Maintain availability of agriculture, coastal -dependent industry and visitor-serving commercial development including hotels/motels, restaurants and commercial recreation uses.
lOIPage
❖ Objective LU-6: Create flexible land use and zoning standards for general commercial and industrial parcels that allow opportunities for residential use to expand, as determined appropriate by the City, in response to changing needs relative to the jobs/housing balance locally and in the region, and as incentive toward the development of affordable housing.
❖ Objective LU-7: Adopt and amend as necessary a Sphere of Influence that serves to establish the basis for annexation of certain land contiguous to city limits.
Land Use - 2022 Implementation Summary
• Zone Code Updates: Zone code updates are underway for new Accessory Dwelling Unit and Density Bonus program, discussed in more detail in this report. • The ordinance for Accessory Dwelling Units/Junior Accessory Dwelling Units was completed. The City Council reviewed the final draft September of 2022 and authorized transmittal to the Coastal Commission. The Coastal Commission approved the program in December of 2022. It will return to the City Council in January for final approval of the ordinance.
• Downtown "T" Parklet Permit Program: In 2021, the City Council directed staff to initiate drafting an ordinance for permitting parklets in the downtown. In March of 2022, staff conducted a public workshop in the downtown area. In June, staff presented the draft permit program to the Public Facility Site Acquisition/Development Committee. In July 2022, the draft permit program was presented to the Traffic Safety Committee and Architectural Review Board, respectively. In December, the draft permit program was presented to the Planning Commission.
Ongoing Implementation
Carpinteria strives to participate with the County of Santa Barbara in the land use planning process and review of development projects within the Carpinteria Valley. Likewise, the City provides notification to the County when development is proposed adjacent to the City's boundaries. This same process applies to local special districts whose district boundaries include both incorporated and unincorporated lands in the Carpinteria Valley.
Carpinteria identified Sphere of Influence adjustments were made in 2003, 2009, and 2015. In 2009, the Coastal Commission certified an amendment to the Local Coastal Program to rezone one property to allow the development of 34 condominiums on Cravens Lane. The project served as a transition between more urbanized residential development within the City to the south of 11 JPage
the site and a more rural area within the County of Santa Barbara jurisdiction to the north. The property was annexed into the City by the Local Agency Formation Commission (LAFCO) in 2009.
In 2015, two agricultural parcels were removed from the City's Sphere of Influence to protect future agricultural uses of the sites. In addition, a correction was made to the Sphere of Influence to remove a portion of a parcel which was believed to have been included in error. 121Page
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COMMUNITY DESIGN ELEMENT
The Community Design Element identifies key design characteristics of the community and establishes objectives and policies to guide future development in a consistent manner. The Community Design Element includes both overarching policies that apply citywide as well as policies that apply to specific subareas of the City.
Key Objectives (Citywide)
❖ 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.
❖ Objective CD-2: Architectural designs based on historic regional building types should be encouraged to preserve and enhance the unique character of the city. ❖ Objective CD-3: The design of the community should be consistent with the desire to protect views of the mountains and the sea.
❖ Objective CD-4: These objectives and policies should be implemented through Specific Plans or similar documents based on the identified neighborhood, district and corridor design subareas.
In addition to the citywide design objectives outlined above, the City of Carpinteria seeks to ensure that the existing unique qualities and characteristics of the City's neighborhoods and districts are enhanced through the preservation of both citywide physical characteristics and neighborhood subareas. Each category and neighborhood have specific objectives and policies.
Physical Community Design Characteristics
Residential Neighborhoods
Neighborhood Interiors
Neighborhood Edges
Commercial, Office, Industrial & Mixed Use
Corridors
Frontage Design
Public Spaces
Neighborhood Design Subareas
Downtown Beach
Downtown and Old Town
Downtown Core District
Santa Monica, Canalino and El Carro
The Northeast
Concha Loma
The Bluffs (Areas 0, I, II and Ill)
141Page
Community Design - 2022 Implementation Summary
• Downtown Design Guidelines: Work was initiated and is ongoing.
Ongoing Implementation
On every project that is reviewed, City decision makers apply the unique community design standards applicable to the neighborhood. The Architectural Review Board, Community Development Department staff and Planning Commission consider these design standards in their review of projects on a case-by-case basis to maintain and enhance the quality of the Carpinteria's streetscape.
The City Council created a new ad hoc committee in 2019 to make recommendations to the Planning Commission and City Council on a strategy, tasks, and a schedule for creating polices and regulations capable of reducing uncertainty as a part of the City's development review decision-making process. It is envisioned that the Committee's recommendation to the Commission and Council could include new form-based codes and zoning overlays in addition to recommending modifications to the City's Neighborhood Design Guidelines. The committee's work is ongoing.
The City adopted design guidelines for the Beach Neighborhood (2012) and the Concha Loma Neighborhood (2014), establishing standards to guide future development in these neighborhoods. Design guidelines for other neighborhoods is being planned for in the future.
The City conducts meetings with the local agencies regarding development to ensure that adequate consideration is made for the concerns raised by new development. Through these Interdepartmental Agency Group (IDAG) meetings, projects are reviewed in their early stages to anticipate concerns and issues which may impact their design or eventual build-out.
Development proposals are transmitted to the Carpinteria-Summerland Fire Protection District for recommendations relating to fire safety. These recommendations are incorporated into a master set of conditions required for the approval of a project. 151Page
CIRCULATION ELEMENT
The purpose of the Circulation Element is to designate an efficient system of streets and highways that will provide adequate linkages between land uses in the city. This Element complements the Land Use Element by contributing to the achievement of the economic, physical, and social goals of the community. The Circulation Element describes the existing transportation network and how future transportation needs can be accommodated. Provisions for the use of alternative modes of transportation, including bicycle and pedestrian circulation, are also included in the Circulation Element. The Circulation Element implements coastal access policies as required by the City's Local Coastal Program.
Key Objectives
❖ Objective C-1: To improve the community's ability to access U.S. 101 and areas north of the freeway through the improvement of interchanges.
❖ Objective C-2: To designate scenic routes so as to provide for the scenic enjoyment of and maintain and enhance the natural beauty of the lands and views along the roadways of the Carpinteria Valley.
❖ Objective C-3: Provide a balanced transportation network with consistent designations and standards for roadways that will provide for the safe and efficient movement of goods and people through the community.
❖ Objective C-4: Improve the Carpinteria Avenue corridor to ensure adequate traffic flow, safe bicycle use and improved aesthetic qualities.
❖ Objective C-5: Provide a system of safe and functional truck routes. ❖ Objective C-6: Provide adequate safe railroad crossings and to effectuate community design of buffers that will attenuate rail-related noise. ❖ Objective C-7: Build demand for alternative transportation use by increasing ease, effectiveness, and social acceptability, and through foresighted planning. ❖ Objective C-8: Support and develop safe, direct and well-maintained bicycle and pedestrian systems and recreational boating facilities that serve all segments of the public.
❖ Objective C-9: Promote the use of public transit systems that provide mobility to all city residents, and reduce automobile congestion within the capabilities of the community. 16jPage
Circulation - 2022 Implementation Summary
• Pavement Management Program: The year's maintenance projects were completed in and the rehabilitation projects is ongoing
• Carpinteria Avenue Bridge Replacement Project: The Right-of-Way Certification was completed in September 2021. Start of construction would wait until Federal-aid funds are available in the fall of 2024.
• Improve Public Transit Services: In June 2021 the Transportation Committee received a status of the Seaside Shuttle (SBMTD Route 36} from SBMTD General Manager Jerry Estrada, who explained they are reassessing the route including the use of microtransit service. The Seaside Shuttle has been replaced by a new all-electric, ondemand microtransit service called The Wave. • Parking Management Plan: The Downtown Carpinteria Parking Study, the basis for the parking Management Plan, was prepared. The administrative draft of the plan was presented to the Public Facility Site Acquisition/Development Committee in 2020. The City Council accepted the plan in November of 2021. The Council authorized proceeding with recommendations of the plan in May of 2022. Implementation in progress.
The South Coast Highway 101 Improvement Projects
• Santa Claus Lane Bikeway Project: SBCAG is acting as the implementing agency of the environmental phase, and Caltrans is the CEQA/NEPA lead agency. The Mitigated Negative Declaration was certified in January 2020. Construction is in progress. • HOV Lanes - Carpinteria to Santa Barbara Project: Construction of Franklin Creek and Santa Maria Creek bridges, sound walls, drainage, and freeway pavement are now substantially complete. Santa Monica Road and Via Real intersection improvements are complete.
• Linden Avenue-Casitas Pass Road Interchanges and Via Real Extension Project:
Caltrans deemed the construction by the freeway contractor as complete. Punch list items for City public improvements are complete. Punch list items for landscape improvements are complete.
171Page
Ongoing Implementation
The City has coordinated with Caltrans and the Santa Barbara County Association of Governments (SBCAG) on several projects to improve freeway accessibility and circulation throughout the community.
Carpinteria aims to provide a balanced transportation network with consistent designations and standards for roadways that will provide for the safe and efficient movement of goods and people through the community. With new development, the City works to improve circulation and enhance safe and efficient traffic patterns.
The City supports various forms of alternative transportation, including bike, bus, van-pool, and train, to serve the wide variety of needs of both residents and visitors. The City aims to encourage and develop safe, direct and well maintained bicycle and pedestrian systems that serve all segments of the public and serve to connect residential areas, schools, parks and shopping areas.
The City strives to provide safe mobility for those with access and functional needs through the design of street improvements and public facilities, provide continuous sidewalks in priority locations for safe pedestrian circulation and promote alternative transportation.
The City continues planning efforts to complete the Alternative Transportation Plan, which would guide and influence bikeway and pedestrian policies and programs to make the bicycling and walking experience for residents and visitors safe, convenient and enjoyable.
I
Paratransit services, like HELP, Easy-Lift, are provided to aid community members with access and functional needs. Circulation Element policies are implemented through these services that provide alternatives to traditional automobile transportation. These forms of alternative transportation also improve access to coastal resources such as local beaches and city parks.
Street maintenance projects are an ongoing effort for Public Works through their Pavement Management Program, which is used to establish baselines and improvement strategies to repair and replace aging street infrastructure over time. As part of this program, the Department conducts city-wide inspections and maintenance analysis. Pavement maintenance and rehabilitation capital improvement projects are ongoing. A multi-year Pavement Management Map was completed in 2020. The map shows existing pavement condition, proposed treatment, and treatment schedule for each street.
Through its contract for law enforcement services with the Santa Barbara County Sheriff's Department, renewed in 2019, the City conducts traffic safety operations, in particular, at locations where public safety issues related to speeding and other vehicle code violations have been identified.
181Page
OPEN SPACE, RECREATION & CONSERVATION ELEMENT
This combined element describes the community open space, recreation and natural resources that the City manages. This includes natural open space areas, outdoor recreation areas, water habitats, plant and animal life, agricultural land, scenic and cultural resources, and management of open space for public health and safety. Carpinteria has a variety of natural resources that have local, regional and statewide significance such as wetlands, riparian areas, coastal bluffs, beaches and tidal areas.
The City's policies support the preservation and conservation of environmental resources to maintain the quality of the environment and the character of the community. Adopted policies that provide for clean air, water and soil; adequate protection of plant and wildlife habitats; maintenance of visual resources; and preservation and enhancement of special resources including beaches, recreation areas, trails, marshland, creekways, and agricultural land. The Open Space, Recreation, and Conservation Element implements various components of the Local Coastal Program, including coastal access and resource protection.
Key Objectives
❖ Objective OSC-1: Protect, preserve and enhance local natural resources and habitats. ❖ Objective OSC-2: Preserve and restore the natural resources ofthe Carpinteria Bluffs. ❖ Objective OSC-3: Preserve and restore wetlands such as the Carpinteria Salt Marsh. ❖ Objective OSC-4: Preserve the biological diversity of shoreline habitats. ❖ Objective OSC-5: Protect the Harbor Seal Hauling Ground from human disturbance. ❖ Objective OSC-6: Preserve the natural environmental qualities of creekways and protect riparian habitat.
❖ Objective OSC-7: Conserve native plant communities.
❖ Objective OSC-8: Protect and conserve Monarch butterfly tree habitat. ❖ Objective OSC-9: Encourage and promote open-field agriculture as an independent, viable industry to meet the needs of present and future populations and to preserve the Carpinteria Valley's rural, open space character.
❖ Objective OSC-10: Conserve all water resources, and protect the quality of water. ❖ Objective OSC-11: Carpinteria will conduct its planning and administrative activities so as to maintain the best possible air quality.
191Page
❖ Objective OSC-12: Maintain an understanding of the oil industry and its exploration objectives.
❖ Objective OSC-13: Preserve Carpinteria's visual resources. ❖ Objective OSC-14: Provide for adequate park and recreation facilities to meet the needs of the community and visitors.
❖ Objective OSC-15: Maintain the existing trail system and provide additional recreation and access opportunities by expanding the trail system. ❖ Objective OSC-16: Preserve Carpinteria's cultural resources.
Open Space, Recreation & Conservation - 2022 Implementation Summary • Carpinteria Coastal Vista Trail - Progress Updates: The project application for the Bluffs II reach of the trail was submitted to the Planning Department for review and processing (Project# 21-2107-CUP/CDP/ARB; 6155 Carpinteria Avenue). Refer to the following section for a summary of the overall multi-year trail project. • Linden to Holly Trail: Permits were granted for an interim trail crossing (near 399 Linden Avenue). The project is interim until a decision about proceeding with the Surfliner Inn project is made.
• Rincon Bluffs Preserve: A public workshop was held and concept designs were completed for the 23-acre preserve (previously the Bluffs Ill property prior to City acquisition). The preserve permanently protects the property as open space with native habitat and passive public recreational uses. Design and funding for trails in the preserve are ongoing. A grant application for funds under the Rural Recreation and Tourism program was not successful. Staff is preparing an RFP to find a Consultant to prepare the environmental documents for the project.
• Creekside Parcel Acquisition: The objective is to acquire flood prone real estate located adjacent to Carpinteria Creek. The City was awarded a grant to purchase a
0.61 acre parcel located south of Carpinteria Avenue on the west side of the creek.
The acquisition has been completed. The grant has been successfully closed out. • Dog Park Project: Concept designs for a dedicated 2.4 acre dog park and fenced offleash area have been prepared. A pilot program at El Carro Park has been established and an annual report on the program was presented to the City Council. The pilot program was granted a one-year extension. A second report is scheduled to be 20 IP age
presented to the City Council in 2023 to help determine continuance options for the program.
• Concha Park: The objective of this project is to permit a pocket park in the Concha Loma area nearest the multifamily residential property closest to Carpinteria Avenue.
A concept park design has been approved. A grant application was not successful. A concept interim park plan has been prepared for consideration. • Community Farm Project: Staff conducted a neighborhood meeting to receive neighborhood feedback on the concrete fence. Staff received a cost proposal for the fence. The City is waiting for Caltrans to convey the property to the City. The City expects to receive a 2.75 acre property as a result of surplus land from the freeway improvement project. Use of the land would be restricted to agricultural use in perpetuity. The objective is to develop a long-term viable agricultural use with public benefit. The City prepared a temporary lease agreement for the property for when the title is transferred.
• Skate Park Planning: The project began construction and is expected to be completed in 2023.
• Linden Beach Plaza and Lifeguard Tower: The objective of this project is to improve coastal access, ADA compliance, emergency response, bicycle and pedestrian use and general ambiance of the Linden Street end. It is a cooperative project between the City and California State Parks. A grant has been awarded to construct the portion of the project on State Park property. A survey has been prepared. Additional design work is underway.
• Park and Playground Improvement Projects: Construction for a new playground at Heath Ranch Park was completed and has since been reopened. A purchase order was issued to replace the playground at Monte Vista Park. The project is estimated to be completed in 2023.
• Rincon Multi-Use Trail Project: Preparation of plans, specifications and estimate are well underway. The Mitigated Negative Declaration was accepted and certified by the Planning Commission in January of 2020. The petition for modification was submitted to the California Public Utilities Commission in July of 2020. The Focused Environmental Report has been completed. The Public Outreach campaign with stakeholders is in progress.
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Ongoing Implementation
The City operates approximately 100 acres of parkland. Each park is unique, but most offer some visitor amenities such as picnic facilities, restrooms, ball fields or children's play structures.
Ongoing use of the City's fields for adult and youth soccer, softball and baseball remains in high demand as these activities are very important to the local and visiting community. The Parks and Recreation Department continues to conduct a variety of pool and ocean recreation programs for youth and adults.
The Carpinteria Creek Watershed Management Plan provides a framework for implementing various projects to achieve the Coalition's goals. A number of restoration projects along Carpinteria Creek have been accomplished over years as a result of this group's efforts.
Through protection of local creek resources and improvements to infrastructure, like creek crossings and bridges, along with efforts of other local agencies like the Carpinteria Creek Watershed Coalition, the County's Agricultural Commissioner, and many volunteer organizations, the City has implemented both habitat protections and improved public access to areas of natural priority.
The City continues to conduct water quality monitoring in partnership with the cities of Goleta, Buellton, and Solvang and the County of Santa Barbara. All monitoring was done in accordance with the Phase II MS4 Permit 3030(d) Monitoring Plan, approved by the Central Coast Regional Water Quality Control Board. A report is submitted annually to the State Water Board.
The City is continually looking for opportunities to acquire undeveloped property within or adjacent to Carpinteria Creek. In doing so, Carpinteria can preserve important riparian habitat, reduce urban runoff into the creek and maintain an undeveloped riparian corridor for aesthetic and wildlife movement purposes, as well as for contributing to ocean water quality.
The Parks and Recreation Department continues efforts to realize completion of a Coastal Vista Trail, a City-wide hiking/biking trail system. The long-term goal is a trail for walking or biking that would connect Rincon County Beach, the Carpinteria's Bluffs Nature Preserve, the Carpinteria State Beach Park, the City's Salt Marsh Park, and Santa Claus Lane. The City envisions that a network of trails that would connect northern beaches to the town, improve coastal access and result in significant bike and pedestrian improvements. The Coastal Vista Trail project is dependent on several key linkages detailed below.
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Coastal Vista Trail - Key linkages
Carpinteria Rincon Trail Reach
This trail would connect easterly Carpinteria Avenue
and the Carpinteria Bluffs with Rincon County Park
Bluffs II Reach
A public trail easement across the property known
as Bluffs II
The City acquired the property and it is now
Bluffs Ill (Rincon Bluffs Preserve) protected under a conservation easement and endowment
The Los Angeles-San Diego-San Luis Obispo (LOSSAN)
Rail Corridor Agency was awarded a grant to pursue
various improvements. Locally, a commuter rail
station would be improved to include double
tracking to allow for trains to pass, a new platform
Fifth Street to Carpinteria Avenue on the south side of the tracks, a railroad undercrossing, and the establishment of key
pedestrian linkages. One of the pedestrian routes
includes a connection from Fifth Street to
Carpinteria Avenue, including a walking bridge over
Franklin Creek.
This trail would link westerly Carpinteria Avenue to
Santa Claus Lane in unincorporated Santa Barbara
Santa Claus Lane Trail County. The project was incorporated into the freeway widening project and the Rincon Trail
project.
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SAFETY ELEMENT
The purpose of this Safety Element is to adopt policies that will reduce death, injuries, property damage, and the economic and social dislocation resulting from natural hazards. City policies minimize the potential risks and reduce the loss of life, property and the economic and social dislocations resulting from natural hazards. The Element identifies several issues related to natural hazards including seismically induced hazards, slope stability hazards, soil hazards, flood hazards, fire hazards and hazardous materials.
Key Objectives
❖ Objective 5-1: 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 seismicallyinduced tsunamis. ❖ Objective 5-2: Minimize the potential risks and reduce the loss of life, property and economic and social dislocations resulting from seismically-induced and naturally - occurring landslides, from mud and debris flows, from rock falls, and from seacliff retreat. ❖ Objective 5-3: 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.
❖ Objective 5-4: Minimize the potential risks and reduce the loss of life, property and the economic and social dislocations resulting from flooding. ❖ Objective 5-5: Minimize the potential risks and reduce the loss of life, property and economic and social dislocation resulting from urban and wild land fires. ❖ Objective 5-6: Minimize the potential risks and reduce the loss of life, property and the economic and social dislocations resulting from hazardous materials accidents at large industrial facilities, at facilities handling acutely hazardous materials, and along transportation corridors.
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Safety - 2022 Implementation Summary
• Work continues to update the Local Hazard Mitigation Plan and the Multi-jurisdiction Hazard Mitigation Plan is currently being updated. Working through a grant from FEMA, mapping specific to Carpinteria has been incorporated into the updated plans.
A draft of the plans were completed and presented to CalOES and FEMA. • Sea Level Rise Vulnerability Assessment and Adaptation Plan: As part of the preparation for the General Plan Update effort, this assessment and adaptation plan has been completed and biennial updates are planned to keep the document current. • National Flood Insurance Program Community Rating System: Work on Community Rating System (CRS) Application is in progress. Submittal of the CRS Application to the Federal Emergency Management Agency (FEMA) was deferred until the City Council accepted the Dune and Shoreline Management Plan. The City Council accepted the Dune and Shoreline Management Plan on July 11, 2022. Submittal of CRS application was submitted in December 2022 and is in progress of being reviewed by FEMA. • COVID-19 Pandemic Emergency response and recovery programs continued.
Ongoing Implementation
Through the development review and environmental review process, the City ensures that development meets the standards set forth in the Safety Element. The Building & Safety Department ensures that new construction or retrofit projects are done to meet current safety requirements and that the necessary geotechnical studies are conducted when appropriate.
The City plans and administers preparedness and response programming for all types of humanmade and natural disasters that may occur within the City and surrounding areas. City staff actively serve on county-wide committees that facilitate the coordination of disaster planning and response efforts, maintain and update City-wide emergency plans, conduct disaster preparedness and response trainings and exercises for City staff and residents, and participate in other activities that enhance the City's and residents' ability to prepare and respond to disasters and emergencies.
In 2018, the Federal Emergency Management Administration (FEMA) released updated flood maps depicting the 100-year flood plain and the Flood Insurance Rate Map (FIRM). This updated map clarifies what properties are in the flood zone and are therefore required to obtain flood insurance and comply with minimum finish floor elevations to avoid flooding impacts to new development. Through the permit review process, development has been required to meet minimum standards that meet or exceed anticipated flood levels to reduce risk and potential loss 25 IP age
of life and structure due to flood hazards. The City continues to work with FEMA to ensure the FIRMs are updated and accurate.
NOISE ELEMENT
Carpinteria is affected by several different sources of noise, including automobile and rail traffic, agricultural and industrial activity, ocean waves and wind, and periodic nuisances such as construction, loud parties or other events. The Noise Element identifies these sources and provides goals and policies that ensure that noise from these sources does not create an unacceptable noise environment. The City believes that controlling noise sources can substantially improve the quality of life for residents as well as visitors to the City.
Key Objectives
❖ Objective N-1: The City will minimize noise impacts of Highway 101 traffic on residential and other sensitive land uses.
❖ Objective N-2: The City will minimize the noise impacts of the railroad on residential and other sensitive land uses.
❖ Objective N-3: The City will minimize the adverse effects of traffic generated noise from City streets on residential and other sensitive land uses. ❖ Objective N-4: Minimize noise spillover from industrial operations into adjacent residential neighborhoods and other sensitive uses.
❖ Objective N-5: The City will minimize the effects of nuisance noise effects on sensitive land uses.
Noise - 2022 Implementation Summary
• Highway Improvement Project: A variety of measures have been implemented to reduce noise impacts, including sound walls and noise-reducing pavement materials.
Ongoing Implementation
Noise impacts are evaluated during public improvement projects and the development review process. Site-specific noise studies provide recommendations for construction techniques that will mitigate noise impacts for development near Highway 101. Similarly, for highway improvement projects noise studies are used to develop mitigation measures to ensure that new traffic patterns or increased traffic volumes will not significantly affect nearby residents.
The Public Works Department replaces worn or deterioratlng asphalt roads with rubberized asphalt to reduce street noise from vehicle traffic. The City analyzes the location of industrial and 26 IP age
commercial truck access on property adjacent to residential areas and makes recommendations during site planning to mitigate noise spillover onto sensitive uses.
Through the Code Compliance Division, City staff also responds to noise complaints from neighbors located near commercial or industrial operations. Through amendments to the Municipal Code, the City has placed limitations on the days and hours during which construction may occur in order to protect sensitive land uses. In addition, the Municipal Code grants the Community Development Director and Planning Commission authority to impose more restrictive construction hours as a condition for approval on permits.
PUBLIC FACILITIES AND SERVICES ELEMENT
Local government supplies essential public services, provides for the general welfare of the community and implements regulations in the interest of public health and safety. Preparing for and planning how to accomplish these tasks is addressed in the Public Facilities and Services Element. The Element evaluates the major public and private services and facilities in the Carpinteria Planning Area and includes policies and objectives to plan for future needs.
The City wishes to maintain the best possible police and fire safety services for the community.
The City implements development review procedures that incorporate fire district and law enforcement interaction at the earliest possible point in the process. The City seeks to provide a high quality and broad range of public services, facilities and utilities to meet the needs of all current and future residents of the Carpinteria Planning Area.
Key Objectives
❖ Objective PF-1: To ensure the provrsion of adequate water supplies by mrrumrzmg consumption and investigating new sources either in existing supply or outside existing sources.
❖ Objective PF-2: Ensure adequate service systems for the transmission, treatment and disposal of sewage and wastewater generated within this area as well as the disposal of trash, green waste and recyclable material.
❖ Objective PF-3: The City shall strive to maintain the best possible police and fire safety services for the community.
❖ Objective PF-4: To assist the school district in continued provision of high-quality educational opportunities for all of the community's youth. ❖ 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.
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❖ Objective PF-6: To ensure that new development is adequately served by utilities and does not impact existing service areas in the community.
Public Facilities & Services - 2022 Implementation Summary • Via Real Stormwater Project: Federal-aid and state-aid funding awarded. Engineering design has been completed.
• Organics Waste Diversion: Ordinance 750 was approved by the City Council in January 2021 to incorporate SB 1383 Organics Diversion requirements. The City is now implementing SB 1383. The Franchise Agreement negotiations are complete. The City Council approved the Franchise Agreement on May 23, 2022. • City Hall Solar Energy Generation and Storage Project: The request for qualification and request for proposal are complete. The Carpinteria Valley Water District and Carpinteria Sanitary District agreed to partner with the City for the project. • City Storage Building: Planning for a new 1,500 square foot storage building on the City Hall campus. Site plan and structural designs have been completed. Permit application has been submitted and is under review.
• Carpinteria Branch Library: The City prepared to take over library operations.
Submitted requisite information to the State Library Board. The library gained membership in the Black Gold system. Establishment of the Library Board of Trustees.
Creation of a Library Advisory Commission. A City Librarian was hired. Improvements to the facility and library system were completed.
• Racial Equity and Social Justice Council Committee: Consultants were engaged to support the work in creation of a new program. Councilmembers completed training on Normalizing Racial Equity. City Staff participated in an anonymous survey.
Additional trainings are being coordinated for Councilmembers and staff.
Ongoing Implementation
The City continued cooperative work with the Water and Sanitary Districts toward developing a recycled (potable) water project to serve the Carpinteria Valley.
The Strategic Energy Plan was adopted by the City Council in 2019. The focus of the plan is on emergency preparedness as well as long-term energy resiliency. The plan recommends solar photovoltaic installations at City Hall and public parking lots 1, 2 and 3 would be evaluated for installations.
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Carpinteria Southern California Edison customers have been transitioned to Central Coast Community Energy which supports renewable energy.
The Public Works Department opens its Antifreeze, Batteries, Oil and Paint (ABOP) Center two weekends each month to provide free services for community members to recycle these types of materials.The ABOP facility is part of the City of Carpinteria and County of Santa Barbara joint effort to reduce the risk of hazardous waste in our landfills and in the environment.
The City also hosted an annual Household Goods and Hazardous Waste Collection Day.
Carpinteria residents have the opportunity to safely dispose of hazardous chemicals, cleaning products, used oil, solvents, universal and electronic waste such as computer screens, televisions, household appliances and fluorescent, mercury and other gas filled tubes.
HOUSING ELEMENT
The Housing Element is prepared in accordance with State and Federal Law to identify policies and guidelines that implement City goals to provide and maintain safe and adequate housing for households in all economic sectors. Goals and objectives support affordable housing programs, rehabilitate aging housing stock and provide services to prevent homelessness. The Housing Element Update was adopted by the City Council and certified by the State's Housing and Community Development Department in 2014.
2022 Update
• The update process for the 2023-2031 Housing Element is nearing completion. The City Council, Planning Commission, and the public weighed in on the Housing Element Update project. The draft Housing Element was released in November of 2022. The draft was submitted to the State Department of Housing and Community Development (HCD) for review. A response letter is expected early 2023.
The 2022 Annual Housing Report is attached as Exhibit 1. The document was transmitted to the State Department of Housing and Community Development on March 15, 2023. 29 IP age
General Plan/Coastal Plan and Zoning Code Updates
The General Plan was adopted in April 2003. The General Plan visioning process included planning and goal strategies to plan for a 20-year timeline. The Zoning Code was adopted in 1981 and consistency updates and amendments occur annually.
The City has initiated two separate comprehensive multi-year update programs, for both the General Plan/Coastal Plan and the Zoning Code. In addition to updating all of the required General Plan Elements, new sections would be incorporated that address climate change/sea level rise and healthy community initiatives. The Circulation Element will also receive an update to include Vehicle Miles Traveled (VMT) metrics. The City continues planning for an upcoming comprehensive zone code update project which would in part evaluate vertical consistency between the Land Use Designations and zone districts. This concerted multi-year work effort is in progress.
2022 Updates
• General Plan /Coastal Plan Update Program: The Sea Level Rise Vulnerability Assessment and Adaptation Plan is complete and will inform the General Plan/Coastal Plan update program. Draft policies were reviewed at public committee meetings.
Draft Elements are currently under review by the Coastal Commission. Preparation of the CEQA Environmental Impact Report is also underway.
• Accessory Dwelling Unit (ADU) and Density Bonus: Development of a new ordinance and zone code update has been completed for the ADU and Density Bonus sections.
Public hearings at the Planning Commission and City Council were held in the fall. An administrative draft has been provided to the California Coastal Commission and the State Housing and Community Development Department for comments before the ordinance becomes effective in early 2023.
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Goals, Priorities and Objectives
The City of Carpinteria aims to implement the priorities and objectives outlined in the General Plan throughout various activities and functions of local government. Many of the goals outlined for the future of the City are reviewed annually through the City's Annual Work Program process whereby the City Council adopts strategies and goals to direct the staff work effort for the upcoming calendar year. In this way, the implementation of the General Plan is an ongoing endeavor. Some of the primary goals to implement over the course of the next few years will include the following:
• Continue leading efforts and supporting recovery from the COVID-19 pandemic; • Complete updates ofthe City's Zoning Code and Zoning Map as implementation of the General Plan/Local Coastal Land Use Plan;
• Establish concrete plan for expansion/improvement of local public transit to include better connectivity;
• Continue projects to reduce energy use at City buildings and facilities through equipment replacement and taking advantage of incentives programs; • Continue to expand and improve the City's emergency preparedness program in order to promote resilient households, neighborhoods and businesses; • Complete another phase of City Hall campus facility improvements and upgrading of various hardware and software systems;
• Continue to collaborate with Peoples' Self-Help Housing and the County Housing Authority to increase affordable housing opportunities; • Continue working towards the completion of the Carpinteria Coastal Vista Trail; and • Continue and expand collaboration and cooperation with other agencies in providing accessible and effective health and human services to the Carpinteria community, including but not limited to County mental and public health services, Central Coast Collaborative on Homelessness, Restorative Policing, and other initiatives. 311Page
Conclusion
The General Plan Annual Progress Report illustrates activities undertaken by the City of Carpinteria last year that worked toward implementing the City's General Plan. The City has worked to progressively implement the policies outlined in each element of the City's guiding planning document as outlined in the various sections of this Progress Report. The General Plan represents the community's collective vision for preserving and improving the quality of life in the Carpinteria Valley. Only minor revisions, aside from the Housing Element Update, have been implemented since the General Plan/Coastal Land Use Plan Update was adopted in 2003. The update process for the General Plan was initiated in 2015 and will continue over the next couple of years.
The ideas, proposals and suggestions that have come to the City have all furthered the City's goal to preserve important local resources, improve the local economy and quality of life for the community. The City will continue its efforts in this regard.
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The 2022 Work Plan Accomplishments Table is attached as Exhibit 2 and the April 24, 2023 City Council Staff Report is attached as Exhibit 3.
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Exhibit 1
2022 Housing Element Annual Progress Report
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City of Carointeria
2022
Housing Element Annual
Progress Report
March 2023
2022 Housing Element Annual Progress Report
INTRODUCTION
Pursuant to Section 65400 of the Government Code, Community Development Department staff prepares an annual report to the City Council on the status of the General Plan and its Elements and progress being made in implementation. This is an opportunity to review activities and projects of the prior year in the areas of housing development and other programs that implement the City's Housing Element. The City's Housing Element identifies community housing needs and describes how safe, affordable housing can be provided and maintained for City residents. Included in this report are statistics demonstrating progress in meeting regional housing needs.
The 2015-2023 Housing Element was adopted by Resolution No. 5556 by the City Council on November 10, 2014. The State Department of Housing and Community Development certified the Housing Element on November 20, 2014. This update complies with the Housing Element planning period from February 15, 2015 through February 15, 2023 and includes information related to housing in Carpinteria for the 2022 calendar year. The resolution complies with the State Department of Housing and Community Development's requirement for municipalities within the Santa Barbara County Association of Governments (SBCAG) to update their housing elements every eight years and is consistent with the City's General Plan. 2022 Housing Highlights
In 2022, one building permit was issued for a new residential unit in the City of Carpinteria.
Nine residential units received Certificates of Occupancy in 2022, five of which were for new single-family homes in The Cottages development, and four were for the Phari LLC condominium development on a lot that previously contained two units, for a net increase of two units.
Additionally, four project applications were submitted and/or deemed complete for processing in 2022. Those applications include a mix of housing types. Two applications were for new single-family dwellings, one was for a condominium triplex, and one was for a mixed-use project with two apartment units. The proposed projects, if approved and constructed, would result in seven new housing units in the City of Carpinteria.
The City continues to provide various forms of assistance to increase housing opportunities in Carpinteria. In 2022, staff continued to implement the Workforce Housing Down Payment Loan Program. The program was first funded by the 2011 Development Agreement that allowed the conversion of five affordable residential units at Lavender Court into a payment of $571,000 to the City's Affordable Housing Trust Fund. Like an in-lieu fee, the funds are used to provide down paymentloans for families purchasing homes in the City of Carpinteria. During 2022, no new loans were approved or repaid. Staff continues to work with the Housing Trust Fund of Santa Barbara County to find interested buyers looking to use the deferred repayment loans to buy homes in Carpinteria. The City also continues to participate in Santa Barbara County's Home for Good program with the regional Creative Housing Solutions Subcommittee, a working group composed of representatives from the County Housing Authority, People's SelfPage 1 2022 Housing Element Annual Progress Report
Help Housing Corporation, Home for Good, United Way, and City staff, along with the local community, to identify and pursue innovative housing opportunities.
Housing Element Review
The Housing Element is organized into two sections that describe the goals and objectives of the City in addressing the community's housing needs. The Housing Element also includes Technical Appendices with detailed information to document compliance with the Government Code. Section 2 of the Housing Element is organized by the five primary program categories which are to be implemented during the planning period. The document also contains a Housing Program which describes 21 specific programs the City implements to realize the goals of the Housing Element. This report explains the housing programs and goals and how the City implemented them throughout 2022.
Program Category 1: Make sites available to accommodate the RHNA Housing Needs Summary
The Santa Barbara County Association of Governments (SBCAG) allocated a housing need to the City of 163 housing units for the 2014-2022 Regional Housing Needs Allocation Plan. The 2015-2023 Housing Element Table 11-1 below shows the City's share of the regional housing need across five income categories.
Table 11-1
Land Inventory Summary
Income Category Total
Very Low Low Mod Above
RHNA 2015-2023 39 26 34 64 163
Units completed after 1/1/2014 (Housing Element 33 9 2 5 49 Table B-2)
Net remaining RHNA 23 32 59 114
Housing sites (Housing Element Table B-3) 76 6 35 117
Adequate capacity? Yes Yes
1 Yes
1 Yes
Notes:
1. Reflects excess lower-income sites
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.
2022 Housing Element Annual Progress Report
• 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 multiple 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.
Result
The City keeps an inventory that details the amount, type and size of vacant parcels to assist developers in identifying land suitable for residential development. The City also reports on the number of extremely low, very low, low, and moderate income units constructed annually. If the inventory indicates a shortage of available sites, the City will rezone or identify new sites sufficient to accommodate the City's RHNA. The City also works with developers to ensure that appropriate lot densities are used when planning new development.
In 2022, nine new residential units received their Certificates of Occupancy; four of which were for the Phari LLC condominium project and five of which were for new single-family residences at The Cottages, as summarized in Table I below. One building permit was issued in 2022 for a new single-family residence. This building permit is summarized in Table II below.
Table I: New Residential Units Completed in 2022
(Issued Certificate of Occupancy)
Project Name Address Units Income Category
Phari LLC Condos 1112 Linden Avenue 4 Above Moderate
The Cottages 1335 Vallecito Place 5 Above Moderate Residences Total Residential Units Completed in 2022: 9
Table II: New Residential Units Building Permits Issued in 2022 (Not Completed in 2022)
Project Name Address
Number of Income Category Units
Wood Residence 650 Concha Loma 1 Above Moderate
Total Residential Units Approved in 2022: 1
The City's annual RHNA progress for the 2015-2023 cycle is summarized in Table 111 below. For RHNA, units are counted when the building permits are issued. Although the City has approved 185 new units so far for this RHNA cycle, the Very Low-, Low-, and
2022 Housing Element Annual Progress Report
Moderate-income categories are below the RHNA allocations. For comparison of units approved (via building permits) versus actual units constructed, see Table IV below which summarizes the numbers of Certificates of Occupancy issued for each year of the RHNA cycle.
Table Ill: Regional Housing Needs Allocation (RHNA) Progress (Based on Building Permit Issuance Date)
Units
Income 2015- Units Units Units Units Units Units Units Units Added Total Group 2023 Added Added Added · Added Added Added Added Added 2023 Units RHNA 2015 2016 2017 2018 2019 2020 2021 2022 Aooroved
Very 39 33 0 0 0 0 0 0 0 - 33
Low
26 9 0 3 0 0 0 0 0 - 12
Low
34 2 0 0 0 0 0 0 0 - 2
Moderate
Above 64 82 4 0 1 25 14 11 1 - 138
Moderate
TOTAL 163 126 4 3 1 25 14 11 1 - 185
Table IV: Constructed Units
(B ase d on C e rtl1f 1ca t e o f O ccupancy I ssuance a Year Units Completed
(Certificate of Occupancy)
2015 44
2016 74
2017 1
2018 0
2019 4
2020 12
2021 16
2022 9
TOTAL 160
D te)
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-, low- and moderate-income households.
• Attain a housing supply that meets the needs of special population groups.
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2022 Housing Element Annual Progress Report
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.
• Second Units: Promote the development of second units consistent with the State law and the City's second unit ordinance.
• Suitable Housing Unit Sizes: Provide for a range in the number of bedrooms in assisted housing developments so as to help meet the needs of various household types and special needs populations.
• Downtown Mixed Use: Encourage studio and one bedroom units above commercial uses in the downtown district to reduce parking needs and facilitate affordability. • Rental Assistance: Continue participation in the County of Santa Barbara Housing Authority's Section 8 program as the primary means to address the City's rental assistance needs. Allocate HOME funds and In lieu Fees to state and federally assisted housing that provides rent restricted units in existing and/or new residential developments.
• Acquisition and Rehabilitation of Rental Housing: Work with non-profit sponsors to acquire and rehabilitate rental housing units in order to maintain long-term affordability of the units. This will include, but not be limited, to: (a) technical support needed to obtain funding commitments from county, state and/or federal programs; (b) assistance in permit processing; (c) possible deferral, reduction or waiver of City fees; and (d) contribution of City housing funds, if available.
• Critical Workforce Housing: Implement "set-aside" policies for critical workforce occupations. New housing developed through the lnclusionary Housing Ordinance, current and future Development Agreements and other appropriate Housing Element programs should set aside a percentage of the units for households employed in critical workforce occupations. Examples of critical workforce occupations are law enforcement, firefighters, nurses, teachers and local government.
• Farm Employee and Supportive Housing: Allocate in lieu fees for predevelopment activities, including state and/or federal funding applications, to support the sponsors of farm employee housing and supportive housing for special needs populations. • Shelter for the Homeless: Support countywide programs to provide for a continuum of care for the homeless including emergency shelter, transitional housing, supportive housing and permanent housing. Allocate CDBG funds to agencies assisting homeless persons and families to meet shelter and non-shelter needs.
Result
The City worked with the developers of the Faith Lutheran/The Cottages project to market and sell the Above-moderate income (121-200% AMI) affordable residential unit that was part of the lnclusionary Housing Ordinance requirements for the development at 1335 Vallecito Place. The affordable lottery was held in February 2022, and the unit was sold in April 2022. Additionally, 204 households in Carpinteria received rental assistance via Section 8 vouchers in 2022.
2022 Housing Element Annual Progress Report
Also within Program Category 2, the Community Development Department implemented the Secondary Dwelling Unit Program which allowed development of secondary dwelling units in the Single Family Residential Zone Districts subject to certain criteria. During the 2022 period, the Community Development Department did not issue any building permits for second units. The City's 2015-2023 Housing Element addresses this issue and recommends that the second-unit development standards be reviewed to ensure that there are no governmental constraints to the development of second units. The Secondary Dwelling Unit Program has now been superseded by the Accessory Dwelling Unit Ordinance No. 758, which complies with State Law and the Coastal Act to allow additional dwelling units (known as Accessory Dwelling Units and Junior Accessory Dwelling Units) to be constructed in more than only residential zone districts. The Accessory Dwelling Unit Ordinance was approved by the Coastal Commission on December 15, 2022 and became effective on February 22, 2023. Additionally, in 2017, the City reduced the Development Impact Fees for accessory dwelling units, pursuant to Assembly Bill 2299 (Resolution #5750, 9/25/2017).
To assist the local homeless population, the City participates in the Santa Barbara Continuum of Care, known as Home for Good of Santa Barbara County, and facilitates the Carpinteria Regional Coordination Committee. The Coordination Committee has two subgroups: The Creative Housing Solutions Subcommittee, which identifies opportunities and resources for homeless individuals, and the Coordinated Outreach Team, which makes regular contact with those individuals and attempts to connect them with the services and housing they need.
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.
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 ownerbuilder projects, projects with minimum public service impacts, retrofitting projects and affordable housing developments.
Result
The City has implemented a 50% Development Impact Fee reduction for 100% affordable housing developments to assist in removing governmental constraints to the development of affordable housing. This reduction was applied for both the Dahlia Court and Casas de
2022 Housing Element Annual Progress Report
las Flores Apartments sites in the past and, more recently, for the Habitat for Humanity affordable residential ownership units.
Program Category 4: Conserve and improve the condition of the existing stock of affordable housing.
Goals
• Conserve existing housing important to the community such as rental apartments, mobile home parks and other affordable housing units.
• Maintain the affordability of existing and future affordable housing developments. • Attain a housing supply free from substandard and deteriorated housing conditions.
Policies
• Section 8 Housing: Maintain the numbers of extremely-low-, very-low- and low-income households that are assisted by the Section 8 rental assistance program. • Apartment Conservation: Conserve apartment rental housing by prohibiting the conversion to condominium ownership unless the apartment rental vacancy rate is more than 5%.
• Mobile Homes, Mobilehome Parks and Manufactured Housing: Conserve mobile homes, mobilehome parks and manufactured housing as an essential part of Carpinteria's housing supply.
• Mobile Home Rents: Continue the Mobile Home Park Rental Stabilization ordinance. • Occupancy Inspections: Conduct occupancy inspections for code requirements for single-family residential units and apartment structures when they are sold. • Long-Term Housing Affordability: Enforce resale controls and income restrictions to ensure that affordable housing provided through the lnclusionary Housing Program remains affordable over time to the income group for which it is intended. • Maintenance and Repair. Promote the maintenance and repair of owner-occupied and rental housing to prevent deterioration within the City. • Housing Rehabilitation: Facilitate the rehabilitation of substandard and deteriorated housing where feasible.
• Housing Replacement: Where possible, promote the removal and replacement of those substandard units that cannot be rehabilitated.
• CDBG Rehabilitation: Allocate CDBG funds to multi-family rehabilitation programs and retrofitting of existing housing.
• Acquisition and Rehabilitation of Rental Housing: Work with non-profit sponsors to acquire and rehabilitate rental housing units in order to maintain long-term affordability of the units. This will include, but not be limited to: (a) technical support needed to obtain funding commitments from County, State and/or Federal programs; (b) assistance in permit processing; (c) possible deferral, reduction or waiver of City fees; and (d) contribution of City housing funds, if available.
2022 Housing Element Annual Progress Report
Result
Seven mobile home parks provide affordable-by-design housing in the City with a total of 860 mobile home park spaces. The City's Mobile Home Rent Stabilization regulations aim to protect the value of mobile homes for tenants of rental parks. The City also allows manufactured homes to be constructed in all residential zones which may reduce construction costs.
In addition, the City initiated three legislative efforts to preserve affordable housing stock:
The Mobile Home Park Closure Regulations, Tenancy-In-Common Ownership Regulations, and Mobile Home Park Residency Law legislative advocacy.
Program Category 5:
Goals
Promote housing opportunities for all persons.
• Attain a housing market with "fair housing choice," meaning the ability of persons of similar income levels regardless of race, color, religion, sex, national origin, disability and familial status to have available to them the same housing choices.
Policies
• Promote Fair Housing: Promote fair housing opportunities through the City's participation in the County's Community Development Block Grant Program. • Information and Referral: Promote fair housing through the provision of information and referral services to residents who need help on fair housing issues. This includes referring local residents who want to file a housing discrimination complaint to the appropriate local, county, state or federal agency, depending on the nature of the complaint.
• Fair Housing Information: Implement activities to broaden resident knowledge of fair housing law.
Result
The City continues to fund services provided by the City of Santa Barbara Rental Housing Mediation Program (RHMP). The RHMP provides dispute resolution resulting from landlord, tenant and roommate issues which arise in rental housing situations. The primary goal of the program is to provide an alternative to the formal judicial system and provide legal advice and mediation when disputes arise. The program provides free legal assistance for residents living at or below the poverty line, while also providing general social service guidance for those with disabilities, seniors and victims of domestic violence.
In 2014, the RHMP began outreach programs in Carpinteria to educate local residents about tenant/landlord rights and to answer housing questions. The program shows success in preventing litigation through mediation and conflict resolution. In 2022, the RHMP provided service to 50 Carpinteria tenants and landlords regarding issues related to rental housing and to educate local residents about the services provided by RHMP and other typical concerns related to rental housing. The City continues to look for such opportunities.
2022 Housing Element Annual Progress Report
Conclusion
The Housing Element Annual Progress Report illustrates activities undertaken by the City of Carpinteria in 2022 that seek to improve the quality and quantity of market rate and affordable housing in Carpinteria. As required by state law, the 2009 Housing Element Update was completed and certified in 2011; given the success of Carpinteria's program, many of the affordable housing strategies were continued into the 2015-2023 Housing Element with modifications made as necessary to meet the City's regional housing needs.
The City remains in compliance with Housing Element Law by adoption of its Housing Element update in late 2014 and production of housing units thus far.
Exhibit 1 Housing Element Annual Progress Report Form 2022
CITY of CARPINTERIA, cAuFoRNIA
March 15, 2023
California Department of Housing and Community Development Housing Policy Development Division
[email protected]
Re: City of Carpinteria 2022 Housing Element Annual Progress Report Dear Colleague:
The City of Carpinteria is formally submitting its 2022 Housing Element Annual Progress Report in conformance with Government Code section 65400(a)(2)(B). The Report was reviewed and accepted by the City Council at its March 13, 2023 meeting. I have enclosed a copy of the City Council staff report which accompanied the Annual Progress Report as well as the Annual Progress Report Form in Excel format. Please let me know if you need any additional information. I can be reached by phone at (805) 755-4414 or by email at [email protected].
Sincerely, _
St~
6 Community Developm
~
ent Director
cc: Governor's Office of Planning and Research, [email protected] 5775 CARPINTERIA AVENUE• CARPINTERIA, CA 930\3-2603 (805) 684-5405 • FAX (805) 684-5304 www .carpinteria.ca. us
2022 CARPINTERIA Housing Element Annual Progress Report General Information
Syndi ...... 5775 Carpinteria Avenue 8057554405
Last Name Souter City Carpinteria Email [email protected] Title Associate Planner Zip Code 93013
Comments: Include any additional information or explanation for the information provided in the following tables.
CARPINTERIA • 2022
2022 CARPINTERIA Housing Element Annual Progress Report Unit Information
Project Identifier Proposed Units Affordability by Household Incomes CurrentAPN Street Very Low- Very Low- Low-Income Low-Income Moderate- Moderate- Above Total Total Total Address Income Deed Income Non Deed Non Deed Income Deed Income Non Moderate- Proposed Approved Disapproved Restricted Deed Restricted Restricted Restricted Deed Income Units by Units by Units by Restricted Restricted Prolect Proiact Prolect
003-440-013 4818 Dorrance 0 0 0 0 0 0 0 0
Wa
003-303-018 4775 Seventh 0 0 0 0 0 0 0 0
Street
003-311-001 4905 Eighth 0 0 0 0 0 0 3 3 0 0
Street
003-242-007 4675 0 0 0 0 0 0 2 2 0 0
Carpinteria
Avenue
Totals 0 0 0 0 0 0 7 7 0 0
CARPINTERIA - 2022
Project Information
Project Identifier Unit Types Density Bonus Applications Prior APN Current APN Street Project Name Local Unit Tenure Date Was Was a Density Was a Density Please Notes Address Jurisdiction Category Application Application Bonus Bonus indicate the Tracking ID Submitted Submitted requested for approved for status of the Pursuant to this housing this housing application
SB 35 development? development?
Streamlinina?
003-440-013 4818 Dorrance Howard New 22-2162- SFD Owner 12/28/2022 No No No Pending Wav Residence DP/CDP/ARB
003-303-018 4775 Seventh Finnigan New 21-2131- SFD Renter 0710612022 No No No Pending Street Residence & DP/CDP/ARB
Garaoe
003-311-001 4905 Eighth Zins SFD 21-2083- 2 lo4 Owner 03/0712022 No No No Pending Street Demo&New DPfTPMICDP/
Condo Triolex ARB
003-242-007 4675 Cruz Mixed 15-1781- 2 lo 4 Renter 1011712022 No No No Pending Carpinteria Use Building DP/CDP
Avenue
CARPINTERIA - 2022
2022 CARPINTERIA Housing Element Annual Progress Report Entitlements
Project Identifier Affordability by Household Income - Entitlements CurrentAPN Street Local Very Low- Very Low- Low-Income Low-Income Moderate- Moderate- Above Entitlement # of Units Address Jurisdiction Income Deed Income Non Deed Non Deed Income Deed Income Non Moderate- Date Issued Tracking ID Restricted Deed Restricted Restricted Restricted Deed Income Approved Entitlements Restricted Restricted
003-340-008 650 Concha 15-1767-CDP 0 0 0 0 0 0 0 0
Loma
004-041-036, - 1112 Linden 19-1983- 0 0 0 0 0 0 0 0
037, -038, - Avenue DPITPM/CDP
039, -040
003-142-033, - 1335 Vallecito 16-1849- 0 0 0 0 0 0 0 0
034, -035, - Place CUPRITTM/CD
036, -037, - p
038, -039
Totals 0 0 0 0 0 0 0 0
Building Permits
Project Identifier Affordability by Household Income - Building Permits CurrentAPN Street Local Very Low- Very Low- Low-Income Low-Income Moderate- Moderate- Above Building # of Units Address Jurisdiction Income Deed Income Non Deed Non Deed Income Deed Income Non Moderate- Permits Date Issued Tracking ID Restricted Deed Restricted Restricted Restricted Deed Income Issued Building Restricted Restricted Permits
003-340-008 650 Concha 15-1767-CDP 0 0 0 0 0 0 07/07/2022 Loma
004-041-036, • 1112 Linden 19-1983- 0 0 0 0 0 0 0 0
037, -038, - Avenue DP/TPM/CDP
039, -040
003-142-033, • 1335 Vallecito 16-1849- 0 0 0 0 0 0 0 0
034, -035, - Place CUPRITTM/CD
036, -037, - p
038, -039
Totals 0 0 0 0 0 0
CARPINTERIA· 2022 4
Certificate of Occupancy
Project Identifier Affordability by Household Income - Certificate of Occupancy Current APN Street Local Very Low- Very Low- Low-Income Low-Income Moderate- Moderate- Above Certificates of #of Units Address Jurisdiction Income Deed Income Non Deed Non Deed Income Deed Income Non Moderate- Occupancy or Issued Tracking ID Restricted Deed Restricted Restricted Restricted Deed Income other forms of Certificates of Restricted Restricted readiness Occupancy or
Date Issued other forms of
readiness
003-340-008 650 Concha 15-1767-CDP 0 0 0 0 0 0 0 0
Loma
004-041--036, - 1112 Linden 19-1983- 0 0 0 0 0 0 4 09/30/2022 4 037, -038, - Avenue DP/TPM/CDP
039, -040
003-142-033, - 1335 Vallecito 16-1849- 0 0 0 0 0 0 5 10/25/2022 5 034, --035, - Place CUPR/TTM/CD
036, --037, - p
038, -039
Totals 0 0 0 0 0 0 9 9
CARPINTERIA - 2022 5
Project Information
Project Identifier Unit Types Housing with Demolished/Destroyed Units Financial Units?
Assistance and/or
Deed Restrictions
Prior Current Street Project Local Unit Tenure Extreme! Was Infill Assistan Deed Housing Term of Number Demolish Demolish Notes APN APN Address Name Jurisdicti Category ylow Project Units? ce Restricti without Affordabi of ed or ed/or on Income Approve Program on Type Financial lily or Demolish Destroye Destroye Tracking Units d using s for Assistan Deed ed/ d Units? d Units ID SB 35 each ceor Restricti Destroye Owner or
Streamli Develop Deed on d Units Renter
nlng? ment Restricti
ons
003-340- 650 Wood 15-1767- SFD Owner 0 N y 0
008 Concha New CDP
Loma Residenc
e
004-041- 004-041- 1112 Phan LLC 19-1983- 2 lo4 Owner 0 N y 0 001 036, -037, linden Condos DP/TPM/
-038, - Avenue CDP
039, -040
003-142- 003-142- 1335 Faith 16-1849- SFD Owner 0 N y 0 032 033, -034, Vallecito Lutheran CUPR/TT
-035, • Place Church M/CDP
036, -037, Subdivisi
-038, • on/The
039 Cottages
Residenc
es
Density Bonus
Project Identifier Density Bonus
Current APN Street Address Local Jurisdiction Deed Restriction Type Total Density Bonus Number of Other List the incentives, Did the project receive Tracking ID Applied to the Project Incentives, concessions, waivers, a reduction or waiver (Percentage Increase Concessions, and modifications of parking standards? In Total Allowable Waivers, or Other (Excluding Parking (Y/N) Units or Total Modifications Given to Waivers or Parking Maximum Allowable the Project (Excluding Modifications) Residential Gross Parking Waivers or
Floor Area) Parking Reductions)
CARPINTERIA · 2022 6
Permitted Units Issued by Affordability
Income
Level
RHNA Restriction Projection Year 1 -
Allocation s Period 2015
Year 2 -
2016
Year3-
2017
Year4-
2018
Year5-
2019
Year 6 -
2020
Year 7 -
2021
Year 8 -
2022
Year 9 - Total Units Total
2023 to Date (all Remaining
years) RHNA by
Income
Level
Very Low" 39
Deed
restricted
0 33 0 0 0 0 0 0 0 0
NonRestricted
0 0 0 0 0 0 0 0 0 0
33 6
Low 26
Deed
restricted
0 9 0 3 0 0 0 0 0 0
NonRestricted
0 0 0 0 0 0 0 0 0 0
12 14
Moderate 34
Deed
restricted
0 0 0 0 0 0 0 0 0 0
NonRestricted
0 2 0 0 0 0 0 0 0 0
2 32
Above
Moderate
64 0 82 4 0 25 14 11 0 138 0
Total Units 0 126 4 3 25 14 11 0 185
Total
RHNA
163 Total Remaining Need for RHNA Period 52
Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1) Extremely Year 1- Year2- Year3- Year4- Year 5- Year6- Year7- Year8- Year 9 - Total Units Total Low-Income 2015 2016 2017 2018 2019 2020 2021 2022 2023 to Date Remaining Need ELI Need
Extremely Low-Income
20 0 0 0 0 0 0 0 0 0 0 20
Units
0 For the last year of the 5th cycle planning period, Table B will only include units that were permitted before the end date of the 5th cycle planning period.
For the first year of the 6th cycle planning period, Table B will only include units that were permitted since the start date of the 6th cycle planning period.
CARPINTERIA - 2022
Projection Period units are included in a separate column . .. Units serving extremely low-income households must be included in the very low-Income permitted totals in order to be credited toward the RHNA. -Extremely low-Income units determined pursuant to Government Code 65583(a)(1). Default value Is half of the very low-income RHNA. May be overwritten.
CARPINTERIA - 2022 8
2022 CARPINTERIA Housing Element Annual Progress Report TABLE C - Sites Identified or Rezoned to Accommodate Shortfall Housing Need No Data Available
CARPINTERIA - 2022 9
2022 CARPINTERIA Housing Element Annual Progress Report Program Description Housing Programs Progress Report - Government Code Section 65583 Name of Housing Element
Program
Objective Tlmeframe in H.E. Status of Program Implementation Second Unit Program 14 second units durtng the planning period Ongoing In 2022, no second units were permitted by CDD.
However, the draft ADU ordinance was approved by
Cil Council in 2022.
Energy Conservation Program Reduce residential energy use throughout the planning Ongoing period
The Building Division and Community Development
Department continue to promote energy efficient and
energy saving opportunities on new and
redevelo ment rolects.
No Net Loss Program Ensure compliance with no net loss requirements throughout the planning period
Ongoing The Community Development Department continues
to ensure compliance with no net loss of residential
units throu h the review of develo ment ermits.
Section 8 Rental Assistance
Program
169 Section 8 Certificates during the planning period Ongoing In 2022, 204 Section 8 Certificates were issued by the Housing Authority of Santa Barbara County and the
City of Santa Barbara Housing Authority within the City of Car interia.
Affordable Rental Housing
Pro ram
43 lower income rental units during the planning period Ongoing In 2022, no new low-income rental units were constructed.
lnclusionary Housing Program 10 lnclusionary Housing Units during the planning period
Ongoing Staff will continue to identify opportunities for additional inclusionary housing and work with
developers which might develop multi-family housing
developmerns. Two projects, Green Heron Spring and
Faith Lutheran Church Subdivision/The Cottages
Residences, provided a lotal of five inclusionary units within this 2015-2023 Housin Element C cle.
Density Bonus Procedures Continue to offer density bonus incentives throughout Ongoing the planning period
Although no density bonus units were developed in
2022, staff will continue to provide density bonus
incentive information to qualifying developments
throu h the fannin and develo ment review rocess.
Facilitate Lot Consolidation Continue to facilitate consolidation of small lots during Ongoing the planning period
Although no lots were consolidated in 2022, staff will
continue lo identify opportunities and work with
develo ers to consider consolidation of small lots.
CARPINTERIA - 2022 10
Regulatory Conce ssions and Facilitate construction of affordable units Ongoing Although no projects were approved in 2022 which Incentives commensurate with the City's needs throughout the took advantage of the concessions and incentives planning period provided for affordable housing, the Community Development Department is in discussions regarding
both affordable rental units and affordable-ownership
condominiums.
Fee Mitigation Program Facilitate construction of affordable units Ongoing Although no projects were approved in 2022 which commensurate with the City's needs throughout the took advantage of the concessions and incentives planning period provided for affordable housing, the Community Development Department is in discussions regarding
both affordable rental units and affordable ownership
condominiums. In 2017, the city lowered the
Development Impact Fees for Accessory Dwelling
Units to facilitate the oerrnittino of such units.
Special Needs Housing Program Continue to implement zoning regulations that facilitate Ongoing Although no new pennits were issued with resonable construction of housing for persons with special needs accomodation requests in 2022, staff is willing to assist throuoh the otannina period applicants with special needs.
Conservation of Mobile Home Facilitate preservation of seven mobile home parks Ongoing The city has continued to monitor rental rates in mobile Parks and moderate rental rates throughout the planning home parks through the Mobile Home Rent period Stabilization Program and has had no conversion of the seven mobile home parks in Carpinteria.
Condominium Conversion Facilitate preservation of existing units throughout the Ongoing During the 2022 calendar year, no residential rental Ordinance planning period units were converted to condominiums due to provisions of the Condominium Conversion Ordinance
related to rental vacancv rates.
Housing Code Compliance Facilitate preservation of existing single-family rental Ongoing The Community Development Department's Building housing units throughout the planning period and Code Compliance divisions conducted several site inspections and enforced the housing and building and
safety codes through compliance orders and
administrative citations.
Single Family Housing Rehabilitation of two units occupied by extremely-low Ongoing The city will continue to encourage eligible very-low Rehabilitation income owner household and three units occupued by income homeowners to contact the USDA Rural very-low income owner households during the Housing Repair and Rehabilitation Program for loans planning period to help modernize and improve their homes to remove health and safety hazards.
Multi-family Rehabilitation Rehabilitation of two extremely-low income units, one Ongoing The city will continue to seek grant funds and assist in very-low income unit, and six low income units during the rehabilitation of multifamily housing in need of the □lannina oeriod reoair.
CARPINTERIA - 2022 11
Fair Housing Information and Continue to disseminate fair housing inform ation to Ongoing The city continues to partner with the City of Santa Referral residents, landlords, and other interested parties Barbara's Rental Housing Mediation Program to throughout the planning period; conduct annual fair provide tenants, landlords, and interested parties with housing workshops in cooperation with the Rental information and mediation services related to housing Housing Mediation Program and rental disputes. In 2022, 50 residents received rental-related consultation via phone or in person. The city also refers residents to the Legal Aid Foundation
of Santa Barbara County and California Rural Legal
Assistance to address concerns related to disability
access, those living on fixed incomes, and victims of
domestic or elder abuse.
Workforce Homebuyer Down Continue to facilitate home ownership for local Ongoing The city continues to provide down payment loans, in Payment Loans workforce throughout the planning period collaboration with the Housing Trust Fund of Santa Barbara County. No loans were funded in 2022.
CARPINTERIA - 2022 12
2022 CARPINTERIA Housing Element Annual Progress Report No Data Available
CARPINTERIA - 2022 13
2022 CARPINTERIA Housing Element Annual Progress Report Affordability by Household Incomes
(Units that DO NOT count towards RHNA)
Extremal Low-Income Ve Low-Income Low-Income Total Units 0 0 0 0
Preservation of Units At-Risk 0 0 0 0
Ac uisition of Units 0 0 0 0
Mobilehome Park Preservation 0 0 0 0
Total Units b Income 0 0 0 0
Affordability by Household Incomes
(Units that DO count towards RHNA)
Extremal Low-Income Ver low-Income Low-Income Total Units 0 0 0 0
Preservation of Units At-Risk 0 0 0 0
Ac uisition of Units 0 0 0 0
Mobilehome Park Preservation 0 0 0 0
Total Units b Income 0 0 0 0
Oescri tion of Actlvit
Oescri tion of Activit
CARPINTERIA - 2022 14
2022 CARPINTERIA Housing Element Annual Progress Report TABLE G • Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of (CCR Title 25 i'l½6202)
No Data Available
CARPINTERIA - 2022 15
2022 CARPINTERIA Housing Element Annual Progress Report TABLE H • Locally Owned Surplus Sites (CCR Title 25 'il ½6202) No Data Available
CARPINTERIA - 2022 16
2022 CARPINTERIA Housing Element Annual Progress Report Total Award Amount 65,000.00
Task $ Amount Awarded $ Cumulative Reimbursement
Re uested
Task Status Other Funding Notes
CARPINTERIA - 2022 17
A
DU-JADU Program Tasks &
65,000.00 .00 In
Progress
None 1) Interagency, Tribal
Budget:
Consultation, and Special
1) Coordination: $10,000
District Coordination: (Initial
2) Hearing-Adoption Process:
comments received from all
$15,000
districts, the CCC and HCD.
3) Coastal Commission: $12,000
Tribal consultation completed,
4) Legal Review: $15,000
anticipate more coordination
5) Management: $3,000
during the adoption hearing
6)Outreach and Training:
process, 100% complete)
$10,000
2) Hearing-Adoption Process:
(ongoing process through the
Planning Commission and City
Council adoption hearing
process. Planning Commission
hearing date tentatively set for
5/2/2022, and related staff
report, exhibits, and notices are
being prepared, 100% complete)
3) Coastal Commission
Coordination, Hearing
Attendance, Certification
Process: (ongoing task through
the certification process, first
comments from the CCC
received, 100% complete)
4) Legal Review of the ADU
Program: (ongoing task, 100%
complete)
5) Program Public Management
and Grant Administration:
(ongoing task, 90% complete)
6) Post-adoption Public
Outreach and Staff Training:
(This will occur after program
adoption, HCD approval, and
Coastal Commission
certification, 100% complete)
This grant has recently been
initiated during this current grant
quarter (Q1-2022). The approval
and contract execution phase
was extended by HCD, in part
CARPINTERIA - 2022
18 due to the pandemic, which
resulted in a delay in the grant
approval and contract execution
by approximately one year
(311121 to 311/22). However,
tasks are in line to be completed
on time, with the exception of
Task 6, which may need to be
extended given the grant
aooroval delav.
CARPINTERIA - 2022 19
Exhibit 2
2022 Work Plan Accomplishments Table
This page is intentionally left blank
APPENDIX A
GENERAL GOVERNMENT
2022 Work Plan Accomplishments
Activity Comments
Program: Legislative & Policy
Legislative Advocacy. Establishing The City relies, generally, on the League of California and maintaining good communication Cities to advocate the State legislature on matters of local and working relationships with county, government interest and to assist the City in identifying state and federal officials including issues of unique local interest. Work under the Legislative elected representatives. This may & Policy program includes researching and analyzing include conducting advocacy and/or legislation and evaluating public policy matters. City building coalitions for City positions, work to date has included:
drafting legislation, making
presentations, and providing testimony • Response to Civil Grand Jury Reports on public before other agencies or directly to pensions and State programs to assist the legislators. homeless.
• Racial Equity and Social Justice Training for City
Council members and staff.
• Support position for HRl 190, Medal of Honor
for Ret. Colonel Philip J. Conran.
• Support position for AB 1881, care and treatment
of dogs and cats.
• Support position for AB2097, parking
requirements for certain development.
• Report on Proposition 19
• Resolution Supporting Reproductive Rights for
Women
• County Housing Element Update comment letter
and public comment concerning policy conflicts;
formation of Ad hoc Council Committee.
Legislative & Potier. Research and • Outdoor Business Permit Program. Extended Develoement. Local legislative and through the end of February 2023, the emergency
12.olicv res12.onses to ne,v/changed legislation creating the temporary use program tsdsial and state laws, legal or for outdoor use areas by restaurant and retail
12.ractical mandates, and changing businesses and developed concepts for a permit communi(l• needs/ex12.ectations. program for such use in City street rights-of-way that were reviewed by ARB and Planning
Commission.
• ADU/JADU Legislation
Draft regulations were prepared, reviewed by the
Planning Commission and approved for submittal
to the California Coastal Commission. The
Coastal Commission approved the regulations in
December, which are now scheduled for final
Council approval in January 2023 with an
estimated effective date by the end of Febrnary.
• Objective Design Standards Consultant
Services. Continued work through managing
consultant services necessary to establish
106
APPENDIX A
Activity Comments
objective design standards for certain
development types in response to preemptive
state laws.
• Housing Element Update/Housing Laws. The
draft General Plan Housing Element updated was
completed, approved by the City Council and
submitted to State Housing & Community
Development Department (HCD). A City Council
Ad hoc Committee was created to support staff in
developing response to HCD comments and
requests for information during its review
process.
• Senior Services Program. Research on Senior
Services programs run by cities and formation of
a committee to advise the council on creation of
policies and programs was completed. The
Committee conducted regular meetings and
submitted its recommendations to the City
Council. The Committee was extended for the
purpose of assisting staff in developing an action
plan for Council consideration.
• Formula Business regulations. Researched and
analyzed formula business regulations and
prepared moratorium for adoption.
• Flag Policy. Research and preparation for
adoption of a flag display policy. Council
adopted an updated flag display policy by
resolution.
• Dune & Shoreline Management Plan .
Completion and presentation of the Dune &
Shoreline Management Plan.
• Districting Elections. Researched and analysis
of legal requirements, processes, and alternatives,
facilitated public district mapping process.
• SB1383 Compliance, Organics Waste Disposal.
Implemented through updated regulations and
franchise agreement adoption.
• Initiative Measure 9212 Report. Conducted
research and analysis of proposed initiative,
reviewed state laws and prepared report for
Council consideration.
• Safe Parking Programs. Conducted research
and analysis of safe parking programs in Santa
Barbara County as part of preparation of options
for Council consideration.
Train Noise Research. The City Council requested that
staff determine maximum train horn volume and options
for lowering volume and/or adjusting other aspects of
107
APPENDIX A
Activity Comments
train horn blowing to minimize potential for ear damage on the public, in particular, children.
RegJonal Progzpms Collaboration Library Services. Held meetings concerning transfer of and Cooeeration. City_ Council services and facilities with City and County of Santa members and stcr(lparticipate on a Barbara staff, and with representatives of Black Gold number of_regional committees and Cooperative. Transfer of library to the City was easus: Council member assigJ_1ments consmmnated with City reopening of the library on July to these entities are listed on the Citr 1, 2022 and ribbon cutting grand opening event on July Council agenda and include Joint 16.
Committees o[e!ected re{2resentatives Homeless Services. Collaboration with County and local o[the Cit}.' and School Board, Sanitary_ service providers continued in the first half of 2022. A District and Water District -{jJr presentation was made to the Council on the work and the examele, as well as ismsssmeusss to Council requested to review options for establishing a regional organizations such as the Air City Homeless Services program, which is now being Pollution Control District CAPCD), researched and developed in conceit with partners. City and the Santa Barbara County representatives also participated in the Elected Leaders Association o[Governments CSBCAG). Forum on Homelessness quarterly meetings.
Youth and Family Services. The City continues to
participate in the South Coast Youth Safety Partnership.
Youth services were discussed as a part of meetings with CUSD representatives. The City continues to financially support various local youth and family services
organizations including Boys & Girls Club, Girls Inc.,
and the Carpinteria Children's Project Main Family
Resources Center.
Parks and Trails. The City continued to collaborate with Caltrans, the County ru1d SBCAG on the Rincon Trail
project. Public meetings were held on a proposed
alignment and related environmental document and
alternatives are being developed.
Council Committees. The City/School Board and
Utilities Committee met during the first half of the year to discuss matters of mutual interest.
Program: Citv Administration
Library. Transition of the Carpinteria Staff completed this work that included hiring of staff, Library to City management and collaborating with City and County of Santa Barbara, operation. working as member of Black Gold Cooperative, establishing a website, transitioning and updating the
library collection and library facility, and opening the library on July l.
108
APPENDIX A
Activity Comments
Racial Equity & Social Justice: Councilmembers completed training on Normalizing Establishment of a Racial Equity & Racial Equity. City staff participated in an anonymous Social Justice (RESJ) program that Racial Equity Survey with a completion percentage over implements the policy intent 90%. General Government staff are coordinating embedded in City Council Resolution additional training dates for Councilmembers and City No. 5981 and subsequent City Council staff, while also meeting with potential Diversity, Equity, actions. & Inclusion (DEI) consultants to carry on the work of the recently dissolved Just Communities organization.
Youth Engagement. The purpose of The City, Sheriffs Department, and School District this Work Plan item is to collaborate designated representatives to develop a plan to with Carpinteria Unified School improve relations between youth, law enforcement, District and other youth organizations and the community. Since this time, the group has met to increase youth engagement with twice and is in the process of developing detailed Law Enforcement and prepare students recommendations for the City/School Board for civic life. committee's consideration.
Program: Community Promotion and Communications
Neighbor to Neighbor. The Neighbor to Neighbor program has been on hold due Develop a program that will create to the COVID-19 pandemic. This program is being partnerships between the City and its redesigned and incorporated into the Civic Engagement residents. Program.
Program: Economic Vitality
COVID-19 Economic Recovery In May and June of 2022, staff collaborated with the Action Plan. Santa Barbara South Coast Chamber of Commerce to The public health response to the create and distribute the Carpinteria Business COVJD-19 COVJD-19 Pandemic has resulted in Recovery Survey. Data collected from the survey will be state and county restrictions on travel presented at an upcoming business workshop facilitated and conduct of business activities, by the Chamber and tentatively scheduled for fall of among other things. These necessary 2022. The in-person workshop will engage business public health protection measures have owners in an open discussion surrounding mid and longhad devastating conununity impacts, term strategies for recovery. Feedback from the workshop in particular, on small businesses and will serve as the basis for future recommendations related the local economy. The City Council to COVJD-19 Economic Recovery initiatives.
Ad hoc Recovery Committee initiated
this work to establish an Economic
Recovery Action Plan that reflects the
response work conducted to date by
the City to support small businesses as
well as mid and long-term initiatives
identified as being needed to support
economic recovery.
109
APPENDIX A
Activity Comments
Surfliner Inn and public Parking The City Council considered and authorized execution of Project. the Lease Development and Disposition Agreement on Located at 499 Linden A venue and July 19, 2021.
along the railroad tracks / Linden
A venue, the consideration of concept
plans for the municipally owned land
in the City's downtown allowing the
City to plan for area improvements.
Use of this land could include a visitor
serving inn and a restaurant. The
location of the historic railroad
building could be an ideal location
with downtown proximity, ocean
views and railroad service. The
project could provide significant
economic benefits to downtown
businesses while generating revenues
for the City.
Program: Law Enforcement
Service Agreement Update and A dispute over proposed charges under the agreement for Implementation. law enforcement services for the 2022-23 fiscal year has This work plan matter includes the been settled, pending a final agreement that is being expected need to update and prepared. City and Sheriffs representatives have initiated implement provisions of the work on a successor for the current agreement that City/County Agreement for Law sunsets on June 30, 2023.
Enforcement Services. The Sheriffs
Department has notified contracting
cities in the County that it has engaged
the services of a consultant to develop
a revised cost methodology and will be
proposing related changes to the
respective law enforcement services
Agreements. Also, the City has
embarked on an effort to create a
Racial Equity and Social Justice
program that is planned to be
developed, in part, through
collaboration with the Sheriffs Office.
Program: Emerzencv Services
Community Preparedness & LISTOS training held in May.
Engagement. The City's Community
Preparedness & Engagement Program It is our goal to offer CERT trainings again in the Spring is designed to engage and empower of 2023. Previously active CERT volunteers met once in Carpinteria residents by providing 2022 to begin the planning work. them with preparedness and response
education and resources.
110
APPENDIX A
Activity Comments
Emergency Response Capacity A draft has been completed and presented to CalOES and Building. To ensure effective and FEMA of the Local Hazard Mitigation Plan Update and efficient response to local the Multijurisdictional Hazard Mitigation Plan Update. emergencies, strategic and long-term Working through a grant from FEMA, mapping specific emergency planning and capacity to Carpinteria has been added. building is critical. Through the
development of new plans, revising Regarding COVID-19 response activities:
previous plans and acquiring resources • Communication efforts continue through added that will aid emergency responders editions of the City E-newsletter, press releases, and citizens, the City will be taking social media posts, and the local newspaper active steps to ensure we are ready to providing up to date information on health orders respond when an emergency occurs. and protective measures. • The Ad Hoc COVID-19 Communication
Committee met every other week from July 2021
- May 2022 and is available to meet as needed.
• Self-testing Antigen Kits were procured by the
City from the Santa Barbara Department of
Public Health and distributed in partnership with
the Carpinteria Unified School District and the
Carpinteria Children's Project. Additional tests
were made available at the Carpinteria
Community Pool and at the Carpinteria
Community Library.
• Testing on-site took place from Jan 2022 to June
31 st
. Testing resumed in December of 2022 and
will continue until needed. Testing Kits have
been procured for City Staff.
City Staff Training & Exercise. As Staff has been trained on new safety protocols needed mandated by FEMA and Cal OES, during the COVID - 19 pandemic.
City Staff will participate in trainings
to maintain their FEMA certifications Emergency Services Program Manager was CERT and and to increase their ability to LISTOS trained in 2022 effectively operate the City's
Emergency Operations Center (EOC).
Additionally, to test the City's
Emergency Operations Plan (EOP), a
city-wide disaster exercise will be
held, involving City Special Districts
and First Responders.
111
APPENDIX A
Activity Comments
Program: Volunteer Services
Volunteer Management. Over 200 The 2022 HOST season began on Memorial Day and active volunteers assist City ended after the Labor Day weekend.
Departments in a variety of capacities.
Volunteers provide critical support After a couple of missed years in 2022 an End-of-Season through the HOST and CERT Celebration was held in recognition of the HOST Programs, as dog walkers, as docents, Volunteers
and more. To continue to manage and
sustain a growing and dynamic Recruitment of CERT and HOST volunteers is currently volunteer corps, critical steps will occurring with advertisement in the Coastal View News continue to be taken to create practices and through the City online Newsletter. and procedures for managing,
recognizing, training and
communicating with volunteers and
minimizing risk within the program.
Program: Staff Recruitment &
Retention
Total Compensation Survey and The Total Compensation Study was completed and Compensation Schedule. California presented to City Council on April 25, 2022. As the minimum wage will increase every City's Human Resources Manager position was recently year until it reaches $15.00 per hour. vacated, staff initiated an agreement with a Human The minimum wage for 2021 is $14.00 Resources (HR) consulting firm to provide HR support per hour. The City has adjusted the services beginning in August of 2022. Staff will work Compensation Schedule of Hourly and with the selected consultant to outline potential options Seasonal Employees to comply with for implementing the study's recommendations, including the minimum wage law; however, the impacts to the City's budget and staff recruitment & Compensation Schedule of retention strategies.
Management, and Miscellaneous
Unpresented Employees has not been
updated to adjust to the minimum
wage increases. The last Total
Compensation Survey was done in
2014. Additionally, current
unemployment is very low. The City
has experienced a turnover of
employees in the last 2-3 years. In
order to retain employees and be
competitive in recrnitment, the City
should update and adjust as
appropriate the Compensation
Schedule of Management and
Unrepresented Miscellaneous
Employees.
Employee Training and This work plan initiative is deferred until the HR/Risk Development. Train managers and Manager, or other similar position or service, is filled to supervisors in various leadership skills lead this work. that include effective performance
evaluation of employees, cross
training team building workshops for
112
APPENDIX A
Activity Comments
managers and supervisors and a formal
new employee orientation program.
Develop a staff training program and
have a variety developmental courses
such as public speaking, customer
service, and Microsoft Word
essentials.
The Human Resources/Risk Manager
will develop a schedule of mandated,
leadership, safety and other
development training for City Staff.
Using resources such as California
Joint Powers Association (CJPIA),
Linkedln, and other 3
rd party training
companies, the Human Resources/Risk
Manager will conduct, facilitate and
coordinate a yearlong employee
training program. Additionally, the
HR/Risk Manager will develop a
virtual and in-person (Lunch and
Learn) training series that will provide
employees computer and leadership
training options.
Labor Agreement. The City's In process.
agreement with employees represented The City's Assistant City Manager and labor law attorney by SEIU Local 620 is due to expire at with Liebert Cassidy Whitmore have started the labor the end of the 2020-2021 fiscal year negotiation process with SEIU. and this matter involves negotiating
and gaining approvals necessary to
establish a successor agreement to be
effective July 1, 2022.
Options on Health Insurance This work plan initiative is deferred until the Carrier for City Employees. The HR/Risk Manager, or other similar position or City has not conducted a Request for service, is filled to lead this work.
Proposal (RFP) for an insurance
broker in several years and conducting
an RFP would ensure accessibility to
the most cost-effective plans available
other than CalPERS, as well as
ensuring a variety of benefits remains
available for the City to offer
employees. The City would like to
also evaluate options for the
provisions of dental and vision
insurance other than the City's current
administrator, Guardian. And, evaluate
options for the provisions of
supplemental insurances other than the
113
APPENDIX A
Activity Comments
City's currents administrator,
Guardian Life Insurance, Aflac,
TransAmerica, and Wage Works.
Also, looking to partnering with a
larger Benefits Insurance Brokers
might provide better options to City to
enhance options to employees in order
to assist in obtaining health goals.
Program: Risk Management
Loss Control Action Plan
(LossCAP)
The City participates in the California
Joint Powers Insurance Authority
(CJPIA). The self-insuring and loss
pooling programs provide coverage for
Property Insurance, Workers'
Compensation, Public Official and
Employee Bonds, and General and
Automobile Liability. The program
provides significant advantages to the
City in terms of cost, protection, risk
management and loss control advice
and assistance.
LossCAP is a comprehensive program
designed to assist the City in
addressing risk exposure areas,
examine key areas of operations,
including services, personnel and
property or loss data and support the
need for change in operations or
activities.
On February 2020_, a Risk
Management Evaluation (RME) for
the City of Carpinteria was conducted
by the California Joint Powers
Insurance Authority (CJPIA). The
resulting report includes
recommendations for various City
operations and programs.
In process.
Development and implementation of appropriate policies, programs and procedures is underway in each responsible Department.
Program: Elections
Establishing District BasedElections Completed.
The District Elections Ad Hoc Committee developed a
plan for workshops and outreach in the community to
develop and adopt district election maps. The Ad Hoc
Committee completed its work after three workshops were held in September 2021 to inform the public about the
process to moving to district elections, learn about
114
APPENDIX A
Activity Comments
Communities of Interest, and draw the district map. The City also created a project website for all public
communications regarding district elections as well as a link to Districtk, the online mapping tool for the public to draw districts and submit maps. The City Council held five noticed public hearings on the shift to district elections in accordance with Elections Code §10010 and received
district maps from the public. On April 11, 2021, the
Council adopted two Ordinances, one establishing district elections and adopting the final district map and the other establishing the sequence of elections for Councilmember districts. City staff worked with the County Elections
Office to incorporate districts into the election process for the first district-based municipal election on November 8, 2022.
2022 Municipal Election. Completed.
Proponents filed an Initiative Petition with City Clerk in November 2021. In January 2022, the City Council
accepted City Clerk's Certificate of Sufficiency of the Initiative Petition and adopted resolutions calling the November 2022 municipal election for the submission of
the Initiative Measure to the voters, consolidating the election with the Statewide General Election, setting
priorities for filing written arguments, and providing for the filing of rebuttal arguments. In May 2022, the Council adopted resolutions calling the November 2022 municipal election for the election of Councilmembers, consolidating the election with the Statewide General Election, and
adopting regulations for candidate statements. Notice of Election published in Coastal View News on July 7, 2022.
Notice of Deadline to File Arguments posted at City Hall on July 11, 2022. City Clerk prepared Candidate
Handbook and assisted potential candidates with required filings to run for office. City Clerk processed received Arguments For/ Against Initiative Measure due on August 4, 2022. City Clerk processed Rebuttals to Arguments
For/Against Measure due by August 15, 2022. City Clerk
published Notice of Nominees in Coastal View News on
August 25, 2022. City Council declare results of the
election and new and returning Councilmembers sworn in
on December 12 2022.
Program: Records Management
Records Management Program Work on this item is anticipated to begin early 2023. 115
APPENDIX A
COMMUNITY DEVELOPMENT
2022 W or k Pl an A ccomp r 1s h ments
Activity Comments
Program: ADMINISTRATION
Digitize / Modernize Ongoing. The Department continues to move forward scanning Digitize remaining
approved building plans, project files and address files. •
approved building plan The effort to lease / purchase a large format scanner has been put sets and address files. on hold due to a lack of space for the scanner and a reduction in the budget for this equipment. In the meantime, CDD staff has • Lease/purchase a large been sending all large format approved building permits to an format scanner outside scanning service to ensure we have all approved building permits in an electronic (.pdf) format.
Program: ADV AN CED PLANNING: Desisn Standards and Guidance • Staff Report/Public Ongoing. Work on the Downtown Design Guidelines Workshops commenced in April 2021 and is ongoing.
• Planning Commission Updates to the Residential Design Guidelines has been deferred and City Council as other more pressing Advanced Planning projects move Hearings forward.
• Submittal to Coastal
Commission The Ad-Hoc Design Review Committee was created to advance and oversee the Design Standards and Guidance documents.
Program: ADVANCED PLANNING: General/Coastal Plan Undate • Draft Sea Level Rise Ongoing. This represents a multi-year project. The Department Vulnerability retained the services of Wood Environment & Infrastructure .,;;,
Assessment and Solutions, Inc. to prepare the City's General Plan/Coastal Plan Adaptation Plan update in May 2017, with the first contract amendment in May, • Draft General/Coastal 2018, followed by a second in September 2019. A third contract Plan Document amendment was submitted by WSP (formally Wood) in July • Draft CEQA 2022, and executed on October 10, 2022.
Document The Sea Level Rise Vulnerability Assessment and Adaptation • Staff reports for public Plan is complete, although biennial updates are planned to keep hearings the document current.
• Updated General The draft Elements including the policies reviewed by the Plan/Local Coastal General Plan Update Committee and Coastal Commission are in Land Use Plan
various stages of internal review before the first-round review by the Planning Commission. The accompanying CEQA EIR is
now being prepared.
Program: ADV AN CED PLANNING: Zonin2: Code Undate
• Public Draft Zoning Ongoing. Review of the draft Zone Code materials was put on Code hold as the work effort was focused on the rollout of our short- • Staff Report/Public term rental program, the County and City's own cannabis Workshops programs, the Department's increased workload due to COVID19 and numerous new state law updates that required immediate • Planning Commission attention. The Department has focused on ADU and Density and City Council Bonus updates first using grant funds, followed by a new Coastal Hearings Development Permit Section. The comprehensive Zone Code • Submittal to Coastal update incorporating material from the General/Coastal Plan Commission
116
APPENDIX A
Activity Comments
• Final Zoning Code update is expected to commence subsequent to the completion of the General/Coastal Plan update.
Prozram: ADVANCED PLANNING: Response to State Housing Legislation • Staff Report/Public Ongoing. The completely updated ADU-JADU Zone Code Workshops Section has had extensive review by the Coastal Commission and • Planning Commission HCD subsequent to an initial review by the Planning and City Council Commission and City Council in late 2021. On August 1, 2022, Hearings the Planning Commission held a public hearing on the draft • Submittal to Coastal Ordinance and recommended that with minor clarifications. On Commission September 26, 2022 the Ordinance received its first read before being sent to the Coastal Commission where it was approved on December 15, 2022. The City Council's second read of the Ordinance occurred on January 23, 2023. It will become
effective on February 22, 2023.
The Density Bonus update was initiated on September 12, 2022, as was the new CDP Zone Code provisions.
Refer to the Advanced Planning Project List below.
Program: ADV AN CED PLANNING: Project List
Work Underway: Pending Projects:
General Plan/Coastal Plan Update New SB 9 Ordinance Regulations Comprehensive Zone Code Update New Co-ownership Property Regulations Housing Element Update Wireless Regulations Update
ADU / JADU Update Subdivision Ordinance Update
ADU / JADU City Approved Building Plans Sign Regulations Update New Downtown Design Overlay Neighborhood Design Guidelines Update Multi-family Housing Smoking Regulations Short T erm Rental Ordinance Updates Formula Business Permanent Regulations Massage Regulations Update New Soft Story Building Regulations Wireless Regulations Update Density Bonus Zone Code Update Subdivision Ordinance Update New CDP Zone Code Ordinance
Camninz Regulations Update
Prozram: DEVELOPMENT REVIEW & BUILDING
Highway 101 Projects Ongoing. The South Coast HOV Lanes project is now wrapping • Linden/Casitas up with the installation of landscaping and signage.
Interchanges and Via
Real Extension
• South Coast HOV Lanes
Prozram: BUILDING
Vulnerable Building Ongoing. Potential "soft story" buildings have been identified Assessment and Policy and work has begun to review the building and engineering plans • Identify potential soft- on file for these structures in order to determine if retrofits are story structures needed.
117
APPENDIX A
Activity Comments
• Meet with property Following initiation and a first read of the proposed soft story owners Ordinance, a well-received public workshop was held on • Identify a course of February 22, 2020.
action to facilitate
The City intends to return for a first read with a revised necessary retrofits
Ordinance by Spring 2023.
118
APPENDIX A
PUBLIC WORKS
2022 Work Plan Accomplishments
Activity Comments
Program: Public Works Administration
National Flood Insurance Conummity Rating System (CRS) Application is in progress.
Program Community Rating Submittal of the CRS Application to the Federal Emergency System Management Agency (FEMA) was deferred until the City Council accepted the Dune and Shoreline Management Plan. The City Council accepted the Dune and Shoreline Management Plan on July 11, 2022. Submittal of CRS Application was submitted in December 2022 and is in progress of being reviewed by FEMA.
Program: Sustainabilitv and Environment
Sustainable Resources • Via Real Stormwater Project. Design is complete. Grant was awarded by the Urban Flood Protection Grant
Program.
• SCE territory enrollment with Central Coast Community Energy, formerly Monterey Bay Community Power, is
complete.
Program: Capital Improvements
CarQinteria A venue Bridge • The eminent domain proceeding is complete. Right of ReQlacement Project Way Certification was completed in September 2021.
Due to the delay by the eminent domain process as well
as the federal-aid funding availability, start of
construction is now estimated in fall 2024.
Ci~ Hall CamQus A conceptual design for a City Hall storage facility is in progress.
ImQrovements- Phase 2 However, the emergency repair of the sanitary sewer lateral is prioritized and is in progress.
City Hall Solar Energy The request for qualification (RFQ) and request for proposal Generation and Storage Project (RFP) are complete. The Carpinteria Valley Water District and Carpinteria Sanitary District agreed to partner with the City for the project.
Rincon Multi-Use Trail Project Plans, specifications, and estimate at 90-percent completion. The Subsequent Mitigated Negative Declaration was accepted and certified by the Planning Commission in January 2020. The Petition for Modification was submitted to the California Public Utilities Commission in July 2020. The Focused Environmental Report is complete. Public outreach campaign with stakeholders is in progress.
119
APPENDIX A
Activity Comments
U.S. Highway 101 Projects • Highway 101 HOV Carpinteria to Santa Barbara Project.
Constrnction of Franklin Creek and Santa Monica Creek
bridges, sound walls, drainage, and freeway pavement are substantially complete.
• Highway 101 Linden A venue-Casitas Pass Road
Interchanges and Via Real Extension Project. Caltrans
deemed the construction by the freeway contractor as
complete. Punch list items for City public improvements are complete. Punch list items for landscape
improvements are complete.
• Santa Claus Lane Bikeway Project. SBCAG is currently
acting as the implementing agency of the environmental
phase, and Caltrans is the CEQA/NEPA lead agency. The
Mitigated Negative Declaration was certified in January 2020. The constrnction is in orozress.
Program: Transportation, Parking, and Liahtinz
Improved Public Transit In July 2022, the Transportation Committee received a Services presentation from the Santa Barbara Metropolitan Transit District (SBMTD) about the status of the Seaside Shuttle service. It is now superseded by The Wave service, which is an all-electric, on-demand microtransit service. The Wave service is estimated to start within 2022.
Parking Management Plan Administrative Draft was presented to Public Facility Site Acquisition/Development Committee in June 2020. Development of special website for Draft Parking Management Plan completed in October 2020. In November 2021, the City Council accepted the Parking Management Plan. In May 2022, the City Council authorized the preparation of implementing the recommendations of the Parking Management Plan. The Parking Management Plan is in progress.
Downtown "T'' Parklet In November 2021, the City Council directed staff to initiate Permit Program drafting an ordinance for permitting. In March 2022, staff conducted a public workshop in the Downtown "T" area. In June 2022, staff presented the draft permit program to the Public Facility Site Acquisition/Development Committee. In July 2022, the draft permit program was presented to the Traffic Safety Committee and Architectural Review Board, respectively. In December 2022, the draft permit program was presented to the Planning Commission.
Program: Solid Waste
Franchise Agreement The City is now implementing the SB 1383 Organics Diversion Negotiations and SB 1383 requirements. The Franchise Agreement negotiations are complete. The City Council approved the Franchise Agreement on Mav 23, 2022.
120
APPENDIX A
PARKS & RECREATION & FACILITIES MAINTENANCE
2022 W or k Pl an A ccomp r 1s h ment s
Activity Comments
Program: PARKS, Recreation and Facilities Administration Car{2_h1teria Blzr{[§ III The objective is to design and permit improvements to the lmerovements Carpinteria Rincon Bluffs Preserve. The 23-acre property is permanently protected as open space with native habitat and Rincon Bluffs Preserve passive public access uses. To date, a concept plan has been prepared, a public workshop has been conducted and the project has been reviewed and discussed at two public COSMAB
meetings. A Grant application under the Rural Tourism Grant program was not successful. An RFP is being prepared for service to prepare an environmental document.
Off Dog Park The objective is to design and permit a dedicated off leash dog park along with additional amenities desired by the public. To date a design has been prepared that uses City owned property to optimize a dog park with a small dog area and a large dog area.
In addition, pickle ball courts and general park amenities are also included.
An off-leash area program has also been established in El Carro Park with off-leash privileges permitted in morning and afternoon hours. The program is a pilot program. A second report is scheduled to be presented on January 23, 2023 to the City Council to help determine continuance options for the program.
Community Farm Planning The City expects to receive a 2.75 acre property as a result of surplus land from the Freeway Project. Use of this land will be restricted to agricultural use in perpetuity. The objective is to develop a viable long term agricultural use with public benefit for the property. The City prepared a temporary lease agreement for the property while we wait for the title to be transferred.
Art in Public Places The next step is the establishment of a City Council Ad Hoc Committee to initiate a path forward, evaluate other
communities' programs, and select options for Carpinteria.
City Storage Building This project involves the construction of a new 1,500 square foot storage building on the City Hall campus. To date, the City has received the structural design of the proposed building, prepared a site plan for the building and has applied for discretionary permits. An ARB review is scheduled for late January.
Creekside Parcel Acq_uis;tion The objective is to acquire flood prone real estate located adjacent to the Carpinteria Creek. The City was awarded a grant to purchase real estate just south of Carpinteria Avenue on the west side of the creek. This acquisition is completed. The grant has been successfully closed out.
Cit11 Hall Exeansion With the decommissioning of the adjacent oil and gas property to the south of City Hall, an opportunity to acquire additional real estate for public use exists. After preliminary discussions, this project has been deferred until the land owner has more time to consider their future actions.
121
APPENDIX A
Activity Comments
Skate Park Construction This Project is under construction and is expected to be completed before summer of 2023
Concha Park The objective of this project is to permit a pocket park in the Concha Loma area nearest the multifamily residential property closest to Carpinteria Avenue.
A concept park design has been prepared. A grant application to the L WCF program was not successful. A concept interim park plan has been prepared for consideration.
Carpinteria Coastal Vista Trail Discretionary permits have been granted for the trail improvement across the south side of 6155 Carpinteria A venue.
A demolition permit of the existing building was issued in January 2023.
Discretionary permits have been granted for an interim trail crossing 399 Linden Avenue. Known as the Linden to Holly Trail, the project is interim until a decision about proceeding with the Surfliner Inn project is made.
Design and funding of trails in the Carpinteria Rincon Bluffs Preserve are ongoing. A grant application for funds under the Rural Recreation and Tourism program was not successful. Staff is preparing an RFP to find a Consultant to prepare the environmental documents for the project.
Playground Replacement The Heath Ranch Playground has been replaced in 2022.
The next project is Monte Vista Park. A purchase order has been issued for the project. The project schedule is for completion by June 2023.
Linden A venue Lifeguard
Tower Replacement and
Linden Plaza
The objective of this project is to improve coastal access, ADA compliance, emergency response, bicycle and pedestrian use and general ambiance of the Linden Street end. This project is a cooperative project with California State Parks. A grant has been awarded to construct the portion of the project on State Park property in the amount of $226,800. A topo survey has been prepared and additional design work is underway.
Library Services Staff completed hiring of staff, collaborating with City and County of Santa Barbara, working as member of Black Gold Cooperative, establishing a website, transitioning and updating the library collection and library facility, and opening the library on July 1. Next steps include continued negotiations with the County on the building's lease terms, further improvements to the library accessibility, and replacement of the monument sign. 122
C ty of Carpinteria
Gour,rcu- Aceruoa Srnrr Reponr
April 24,2023
ITEM FOR COUNCIL CONSIDERATION
Reclassification of the limited term Principal Planner position and eliminating the limited term authorization and establishing it as a regular permanent full-time position.
STAFF RECOMMENDATION
Adopt Resolution No. 6233, reclassifying the limited term Principal Planner position assigned to advanced planning duties and eliminating the limited term authorization Sample Motion: I move to approve and adopt Resolution No. 6233, as read by title only.
BACKGROUND
On June 22,2020, the City Council adopted the Fiscal Year 2020121 Budget which presented an Advanced Planning program summary of the long-range planning activities for the City. The program included a new Principal Planner position to take the lead working with the Community Development Director to assist with the multi-year General/Coastal Land Use Plan update, Zoning Code update, and the Development Review Process update. On August 10,2020, the City Council approved and adopted Resolution No. 5997, formally creating a three-year term Principal Planner position. On November 16,2020, the City filled the position, and the incumbent officially retired on April 14, 2023.
ln the City's Annual Work Plan Workshop held on January 30,2023, the City Council set advanced planning as a high priority. The advanced planning workload that has stymied progress on many important planning matters is projected to continue into the foreseeable future. Further, the use of consultant services as the primary means to address the City's advanced planning function has recently proven unreliable, inconsistent, and costly. To address these issues, the Community Development Director recommended the creation of an Advanced Planning Division, including the creation of one AssistanUAssociate Planner and the reclassification of the limited term Principal Planner to a regular full-time position.
Reclassification of the Limited Term principal planner position April24,2024