resource constraints and thus were not recommended to be included in the sites inventory.
In February 2023 during the public comment period for the initial draft of the County's Housing Element, the City Council submitted a comment letter requesting changes to the potential rezone sites identified for the Carpinteria Valley. Specifically, the Council asked that both the "Bailard" proposed project site and the "Van Wingerden 1" site be removed from further consideration due to policy conflicts with the County's and City's respective Coastal Land Use Plans and the California Coastal Act (Coastal Act) concerning protection of agricultural resources and conversion of agricultural lands. A copy of the February 2023 letter is provided as Attachment B to this report. 1 Following several public workshops and hearings, the County submitted the initial draft of its proposed Housing Element to the California Department of Housing and Community Development (HCD) for review on March 31, 2023. Despite the City's February 2023 letter, and acknowledgement by the County that the rezone of these sites pose Coastal Act and LCP policy inconsistency issues, no changes were made to the proposed Carpinteria Valley sites included in the initial draft Housing Element.
In April 2023, the County received preliminary comments back from HCD on their draft Housing Element, and resubmitted a revised draft Housing Element to HCD on June 29, 2023. The revised June 29
th draft included a number of changes to the initial draft, including identifying additional potential rezone sites throughout the County for inclusion in the sites inventory and briefly discussing how environmental constraints may impact capacity of sites included in the inventory. The revised draft did not, however, make any changes to the previously-identified proposed sites in the Carpinteria Valley, nor did it acknowledge in any detail how the Coastal Act or County LCP policies may affect the viability of conversion of these sites for high density residential land uses.
DISCUSSION
In light of the County's recent submittal of a revised draft Housing Element to HCD, staff believes it is an appropriate time to comment on the revised draft in order to reiterate the City's request that the County amend the sites inventory. A draft copy of the proposed comment letter is provided as Attachment A to this report.
Like the previous letter sent to the County on February 28, 2023, the proposed draft letter addresses the two potential rezone sites in the Carpinteria Valley and the pending "Bailard" multifamily housing project. The letter urges the County again to abandon inclusion of the "Van Wingerden 1" and "Bailard" sites due to Coastal Land Use Plan and Coastal Act policy inconsistencies to preserve the established urban-rural boundary and protect the agricultural character of the Carpinteria Valley. 1 The February 27, 2023 City Council staff report for this item is available on the City website at:
https://carpinteriaca.gov/city-hall/agendas-meetings/
G:\CC Staff Reports\2023 0828\Final\County Housing Element Comment Letter\CC Staff Report County Housing Element Comment Ltr 2023-08-28.docx
Santa Barbara County Housing Element Update Comment Letter August 28, 2023
The letter also addresses concerning comments made during the February 2023 County Planning Commission Concept Review Hearing on the proposed "Bailard" housing project. During the hearing, the applicant team shared their intent to resubmit the project under the "Builder's Remedy" provisions of the Housing Accountability Act.
Comments were also made to suggest that such a Builder's Remedy application would limit the County's ability to deny or modify the "Bailard" project.
The proposed draft letter specifically addresses these comments and asserts the City's understanding that pursuant to Government Code section 65589.5, subdivision (e), nothing in the Housing Accountability Act, including the Builder's Remedy, relieves the County from complying with the California Coastal Act or the California Environmental Quality Act. Rather, the Housing Accountability Act, which includes the Builder's Remedy provisions, like other housing laws, must be harmonized with the Coastal Act to the maximum extent feasible. The "Bailard" multifamily housing project is located entirely within the coastal zone and is thus subject to the County's certified Coastal Land Use Plan (CLUP) and Local Coastal Program (LCP). Therefore, the County must still apply any provisions of the County's CLUP and LCP to the Project. The letter respectfully urges the County to acknowledge that it will process the "Bailard" project consistent with its certified CLUP and LCP along with all applicable California Coastal Act policies and conduct a thorough environmental review under the California Environmental Quality Act.
The letter also requests the County's commitment to collaborate with the City on any potential rezones or consideration of new high density residential projects in the vicinity of the City to ensure impacts from such development are properly mitigated and coastal resources are adequately protected.
OPTIONS
1. Approve the letter to be sent to Santa Barbara County Long Range Planning and copied to the County Board of Supervisors (staff recommendation)
2. Approve the letter to be sent with suggested modifications.
3. Receive the report and decline to send the letter.
ATTACHMENTS
Attachment A
Attachment B
Draft letter dated August 28, 2023
February 27, 2023 letter sent to the County
G:\CC Staff Reports\2023 0828\Final\County Housing Element Comment Letter\CC Staff Report County Housing Element Comment Ur 2023-08-28.docx
Santa Barbara County Housing Element Update Comment Letter August 28, 2023
Staff contact: Nick Bobroff, Director
Community Development Department
(805) 755-4407, [email protected]
Reviewed by: Dave Durflinger, City Manager
(805) 755-4400, [email protected]
G:\CC Staff Reports\2023 0828\Final\County Housing Element Comment Letter\CC Staff Report County Housing Element Comment Ur 2023-08-28.docx
Attachment A
Draft letter dated August 28, 2023
County Housing Element Comment Letter
August 28, 2023 City Council Meeting
CITY of CARPINTERIA, cALIFoRNIA
August 28, 2023
VIA EMAIL: [email protected]
Board of Supervisors
County of Santa Barbara
c/o Jessi Steele, Long Range Planning Division
Re: Santa Barbra County Draft 2023 - 2031 Housing Element Update Dear Chair Williams and Honorable Members of the Board of Supervisors:
The City of Carpinteria (City) has been closely following the Santa Barbara County (County) Housing Element Update process. We appreciate the challenges faced by the County and other local jurisdictions, ourselves included, in crafting a Housing Element Update that satisfies our respective regional housing needs assessment (RHNA) allocations and meets the California Department of Housing and Community Development's (HCD) high bar for certification. We recognize the need for all areas of the County to share in meeting regional housing needs and that difficult decisions must be made concerning where and how to accommodate needed housing in a manner that affirmatively furthers fair housing.
The City Council submits this letter as a follow up to our February 28, 2023 letter (attached) wherein we requested modifications to the proposed housing sites in the Carpinteria Valley and a County commitment to implement policies and programs aimed at preventing displacement and promoting affordable housing. Since our last letter, we have been pleased to see the County move forward with the recent adoption of a justcause residential eviction ordinance as an important step toward protecting tenants and helping to preserve the South County affordable rental housing stock.
We remain disheartened, however, to see that the County has not made changes to its inventory of potential rezone sites as requested by the City. Namely, the County still identifies the "Van Wingerden 1" potential rezone site and the "Bailard" pending housing project moving forward, despite the fact that these sites are inconsistent with the County's Comprehensive Plan Agricultural Element Policies, the County's Coastal Land Use Plan, and the California Coastal Act, which call for the preservation of coastal agricultural lands.
Wise planning practices call for higher residential densities to occur within or immediately adjacent to the urban core. County and City land use policies and the Coastal Act support these practices. Yet, the Van Wingerden 1 and Bailard sites contradict these fundamental principles by proposing the highest densities found in the Carpinteria Valley on agricultural lands at the very edge of the City, outside the urban5775 CARPINTERIA A VENUE• CARPINTERIA, CA 93013-2603 (805) 684-5405 • FAX (805) 684-5304
www.carpinteria.ca.us
rural boundary, at significant distance from the urban core, with no immediate access to pedestrian, bicycle and public transit routes, and not within reasonable walking distance to grocery shopping and other necessities and conveniences of daily living.
Again, we encourage the County to focus its Housing Element Update rezones on infill development sites located within existing urban and suburban areas throughout the South County. These infill development sites are more likely to be found consistent with California Coastal Act resource protection policies and will promote more desirable residential development near existing job centers and services.
Although the bar remains high to convert agricultural uses, the City believes that the "Van Wingerden 2" site may be an appropriate site to meet the goals of the Coastal Act and County Housing Element Policy 1.3. This site deserves continued consideration given its location along a major transit route, adjacent to existing urban development, and apparent adequate ingress/egress.
The City Council also wishes to address concerning comments regarding the proposed Bailard Avenue Multifamily Housing Project. At the February 2023 County Planning Commission Concept Review Hearing, comments were made indicating the developer intends to resubmit the project under an SB 330 Preliminary Application as a "Builder's Remedy" project pursuant to the Housing Accountability Act. Additional comments were made suggesting the inability of the County to deny or modify the project due to the invocation of the "Builder's Remedy" provisions.
The City asserts that these comments misstate the applicable law. Pursuant to Government Code section 65589.5, subdivision (e), nothing in the Housing Accountability Act, including the Builder's Remedy, relieves the County from complying with the California Coastal Act or the California Environmental Quality Act. Rather, the Housing Accountability Act, like other state housing laws, must be harmonized with the Coastal Act to the maximum extent feasible. The Bailard Avenue Multifamily Housing Project is located entirely within the coastal zone and thus subject to the County's certified Coastal Land Use Plan (CLUP) and Local Coastal Program (LCP). Therefore, the County must still apply any provisions of the County's CLUP and LCP to the Bailard Avenue Multifamily Housing Project. The City Council respectfully urges the County to acknowledge that it will process the Bailard Avenue Multifamily Housing Project consistent with its certified CLUP and LCP along with all applicable California Coastal Act policies and conduct a thorough environmental review under the California Environmental Quality Act.
The City Council requests that the County collaborate with the City as it moves forward with the rezoning of potential sites and consideration of proposed projects in the vicinity of the City. Collaboration with the City regarding appropriate mitigation measures for development impacts (e.g., traffic, parks, coastal resources, etc.) that will occur as a result of these high density residential projects is critical to ensure that new and existing development have access to the public resources that make the Carpinteria Valley a desirable place to live and work. These mitigation measures are necessary to ensure
that implementation of the County's Housing Element Update achieves the dual goals of affirmatively furthering fair housing and protecting coastal resources.
Thank you in advance for your consideration of this request.
Sincerely,
Councilmember Monica J. Solorzano Councilmember Wade T. Nomura Councilmember Roy Lee Vice Mayor Natalia Alarcon
Mayor Al Clark
Cc: County Clerk of the Board ([email protected])
Alia Vosburg, County Development Review Division ([email protected])
Attachment B
February 27, 2023 City Council Comment Letter
re: County Housing Element
County Housing Element Comment Letter
August 28, 2023 City Council Meeting
CITY of CARPINTERIA, cAuFoRN1A
February 28, 2023
Board of Supervisors
County of Santa Barbara
c/o Jessi Steele, Long Range Planning Division Via email: [email protected] Re: Santa Barbra County Draft 2023 - 2031 Housing Element Update Dear Chair Williams and Honorable Members of the Board of Supervisors:
The City of Carpinteria has been closely following the County Housing Element Update process. We appreciate the challenges faced by the County and other local jurisdictions, ourselves included, in crafting a Housing Element Update that satisfies our respective regional housing needs assessment (RHNA) allocations and meets HCD's high bar for certification. We recognize the need for all areas of the County to share in meeting regional housing needs and that difficult decisions must be made concerning where and how to accommodate needed housing.
The City of Carpinteria City Council offers these comments on the Draft 2023 - 2031 Santa Barbara County Housing Element in the spirit of interagency cooperation and collaboration on housing policies that best serve the Carpinteria Valley and its residents. In consideration of the need to provide the state-mandated housing and, in particular, affordable housing, in southern Santa Barbara County, we are requesting two items:
• Modifications to the proposed housing sites in the Carpinteria Valley; and • County commitment to implement policies and programs aimed at preventing displacement and promoting affordable housing.
Proposed Housing Sites in the Carpinteria Valley
Agriculture remains an important element of the Carpinteria Valley's identity and economic base, and the desire to protect and preserve the Valley's agricultural heritage going forward is critical. State Housing Element Law requirements to plan for adequate housing sites do not take precedence over the Resource Protection policies of the California Coastal Act ("Coastal Act") and as embodied in the policies and regulations of County and City's respective Local Coastal Programs ("LCPs"). Guidance from the Coastal Commission on this issue cites the need to instead harmonize State Housing laws with Coastal Act policies. 5775 CARPINTERIA AVENUE• CARPINTERIA, CA 93013-2603
(805) 684-5405 • FAX (805) 684-5304
www.carpinteria.ca. us
The County's Draft Housing Element fails to adequately take into account the Resource Protection policies of the Coastal Act, including Coastal Act policies embodied in the County's LCP, with regard to protection of Agricultural Resources. Numerous County and City LCP Policies address Agricultural Buffers and the need to protect agricultural lands/operations from urban residential development (see, e.g., County Article II, Section 35-144O-Agricultural Buffers, Appendix H: Agricultural Buffer Implementation Guidelines and Santa Barbara County Right to Farm Ordinance).
Our position that high density urban development is not appropriate for rural agricultural areas along the City's edges is further supported by numerous adopted policies found in both the County's and City's respective certified LCPs, including but not limited to:
County Comprehensive Plan Agricultural Element Policy and California Coastal Act§ 30241. The maximum amount of prime agricultural land shall be maintained in agricultural production to assure the protection of the areas' agricultural economy, and conflicts shall be minimized between agricultural and urban land uses through all of the following:
• By establishing stable boundaries separating urban and rural areas, including, where necessary, clearly defined buffer areas to minimize conflicts between agricultural and urban uses.
• By limiting conversions of agricultural lands around the periphery of urban areas to the lands where the viability of existing agricultural use is already severely limited by conflicts with urban uses or where the conversion of the lands would complete a logical and viable neighborhood and contribute to the establishment of a stable limit to urban development.
• By permitting the conversion of agricultural land surrounded by urban uses where the conversion of the land would be consistent with Section 30250. • By developing available lands not suited for agriculture prior to the conversion of agricultural lands.
• By assuring that public service and facility expansions and non-agricultural development do not impair agricultural viability, either through increased assessment costs or degraded air and water quality.
• By assuring that all divisions of prime agricultural lands, except those conversions approved pursuant to subdivision (b) of this section, and all development adjacent to prime agricultural lands shall not diminish the productivity of such prime agricultural lands.
City Policy LU-3a: New development shall occur contiguous to existing developed areas of the city. Higher density in certain residential neighborhoods and for residential uses in commercial districts shall be provided as a means to concentrate development in the urban core consistent with zoning designations, particularly where redevelopment of existing structures is proposed.
California Coastal Act § 30250. (a) New residential, commercial, or industrial development, except as otherwise provided in this division, shall be located within, contiguous with, or in close proximity to, existing developed areas able to accommodate it or, where such areas are not able to accommodate it, in other areas with adequate public services and where it will not have significant adverse effects, either individually or cumulatively, on coastal resources.
Specifically, in the Carpinteria Valley, sites identified as the "Van Wingerden 1" potential rezone site and the "Bailard" pending housing project, should be eliminated because of impacts to coastal agricultural lands. Wise planning practices call for higher residential densities to occur within or immediately adjacent to the urban core. City and County land use policies and the Coastal Act support these practices. These two sites contradict this fundamental principle by proposing the highest densities found in the Carpinteria Valley at the very edge of the City, outside the urban-rural boundary, at significant distance from the urban core, with no immediate access to pedestrian, bicycle and public transit routes, and not within reasonable walking distance to grocery shopping and other necessities and conveniences of daily living.
We also do not believe that these sites have the potential to meet state regulations for conversion of agricultural land/use to residential use. The Coastal Act section 30242 expressly identifies that lands suitable for agricultural use shall not be converted to other uses unless continued agricultural use is not feasible or such conversion would preserve prime agricultural land or concentrate development within a developed area. Consistent with this Coastal Act policy, the City is closely scrutinizing potential rezones of agricultural lands within the City to avoid conversion of other agricultural land within the Carpinteria Valley and to concentrate residential development within its urban boundaries. However, the City Council firmly believes that the County and the Coastal Commission cannot make these findings for the Van Wingerden 1 and Bailard sites for the reasons stated above.
While the bar remains high for consideration of conversion of agricultural use and land, the City believes the "Van Wingerden 2" site may appropriately be considered given its location situated along a major transit route, its adjacency to existing urban development on two sides, and what appears to be adequate ingress/egress opportunity.
Lastly, we continue to urge the County to explore and identify additional potential sites for infill development opportunities throughout the unincorporated South County's urbanized and suburban areas. More specifically, the County should be identifying and prioritizing underutilized commercial, office, residential, and governmental properties within these urban areas rather than relying so heavily on "greenfield" development opportunities on agricultural lands outside of the urban-rural boundary. In addition to having a better chance for being found consistent with Coastal Act resource protection policies, such infill opportunities that are closer to job centers could have a more meaningful impact on achieving a regional jobshousing balance and reducing vehicle miles traveled, as encouraged by Draft County Housing Element Policy 1.3.
Request for Policies and Programs aimed at preventing displacement and promoting affordable housing
We have a common interest in helping to ensure the availability of housing for workers in the agricultural, service and hospitality industries because these are important parts of the regional economy and wages are typically too low to keep pace with housing markets. Housing markets in attractive coastal areas, like Carpinteria, are heavily influenced by factors other than supply, such as demand for vacation rentals and second homes. These factors we expect will continue to contribute to escalating housing prices despite planned growth in supply.
As such, promoting growth and relying on development purported to be "affordable by design" will not be sufficient to meet the housing needs of the region. Government interventions will be required in order to provide housing that is available and that is affordable to many people that work in the City and in the Carpinteria Valley. We urge the County to join the City in developing measures to address this such as:
• Prioritize production of rental housing units over ownership units; • Prioritize housing for agricultural and service workers; • Adopt inclusionary requirements to achieve an amount of lower income rent restricted units significantly greater than provided for in state laws; • Prohibit vacation rentals for multi-family residential housing built in the Carpinteria Valley, including prohibitions on corporate and limited liability company ownership models;
• Establish a vacancy tax and/or other measures to ensure second home use contributes to affordable housing development and preservation;
• Enact rent stabilization on multi-family rental housing; and • Establish no-cause eviction prohibition regulations beyond state law requirements.
The City included each of the above measures in its Annual Work Plan and plans to incorporate these measures in our Housing Element to advance the City's evidence to prevent displacement of existing residents and provide affordable housing for South County essential workers. The County should incorporate similar measures in its Housing Element policies and programs to ensure that the County and City move forward collaboratively to advance truly affordable housing policies within the Carpinteria Valley.
Lastly, we are seeking a commitment from the County to collaborate with the City to determine appropriate mitigation for development impacts, (e.g., traffic, parks, etc.) that will occur in the City as a result of these higher residential densities occurring outside the City limits, and to require these to be addressed as a part of project development approval. Such mitigation is critical to ensure that new and existing development have access to the public resources that make south Santa Barbara County a desirable place to live and work.
Page4
Thank you in advance for your consideration of this request.
Sincerely,
er Monica J. Solorzano Co
w
uncilmem
Jf!
ber Wade
,.-
T. Nomura
Councilmember Roy Lee
ui!
Vice
-
M
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ayor Natalia Alarcon
Mayor Al Clark
Cc: [email protected]
City of Carpinteria
COUNCIL AGENDA STAFF REPORT
August 28, 2023
ITEM FOR COUNCIL CONSIDERATION
Annual Review of Fire Protection Mitigation Fee Program.
STAFF RECOMMENDATION
Adopt Resolution No. 6259, approving the update of the Fire Protection Mitigation Fee Schedule for Development and accepting the Carpinteria-Summerland Fire Protection District's Annual Report.
Sample Motion: I move to adopt Resolution No. 6259, as read by title only.
BACKGROUND
The State Legislature passed into law the Mitigation Fee Act (AB 1600) that established California Government Code Section 66000 et. seq. The City and County of Santa Barbara (County) subsequently adopted ordinances imposing Fire Protection Fees on any new development within the jurisdictions of the City and County, respectively. The mitigation fees are collected by the City and County for the benefit of the Carpinteria-Summerland Fire Protection District (District). The City ordinance is codified in Chapter 8.26 of the Carpinteria Municipal Code. The County ordinance is codified in Chapter 15, Article IIIA of County Code. The District's Development Impact Fee Calculation and Nexus Report and Master Facilities Plan for the Carpinteria-Summerland Fire Protection District (dated August 10, 2016) is the initial report that served as the nexus study in accordance with the Mitigation Fee Act.
Each year, the City and County are required to receive and review an annual report provided by the District. The annual review includes the District's Development Impact Fee (DIF) fund description, Fee Schedule, Master Facilities Plan, and current fee ledger.
Resolution No. 6150 (adopted July 25, 2022) was the City Council's last approval and acceptance of the District's Annual Report.
The initial public hearing was scheduled on July 24, 2023, for the City Council's review; however, in response to a request by the District, the Council directed the continuation of the public hearing to its meeting of August 28, 2023. The purpose of this agenda matter is for the City Council to adopt Resolution No. 6259, approving the update of the Fire Annual Review of Fire Protection Mitigation Fee Program August28,2023
Protection Mitigation Fee Schedule for Development, and accepting the CarpinteriaSummerland Fire Protection District's Annual Report.
DISCUSSION
The District Board approved the Annual Report, as shown in Attachment A, and updated the Fee Schedule at its meeting of July 5, 2023. This City staff report serves as the Annual Report for the Fire Protection Mitigation Fee Program. Should the City Council adopt Resolution No. 6259, as shown in Attachment B, it would also approve the adjustments of the fire protection mitigation fees.
Table 1 below shows the comparison of both the current Fee Schedule as adopted by the City Council on July 25, 2022 and the proposed Fee Schedule with adjustments supported by the Annual Report. The fire protection mitigation fees are adjusted on July 1 of each fiscal year by a percentage equal to the Construction Cost Index as published by Engineering News Record for the preceding twelve months in accordance with Carpinteria Municipal Code Section 8.26.040.
Table 1
Fire Protection Development Impact Fee Schedule
(Current and Proposed)
Type of Development 2022-2023 Fees (Current) 2023-2024 Fees (Proposed) Estate Residential Dwellinq $2,265.92 First 2,700 Sq. Ft. (2) $2,376.95 First 2,700 Sq. Ft. (1) Detached Residential Dwellings $2,312.60 Per Unit $2,370.02 Per Unit Attached Multiple Residential $2,004.76 Per Unit $2,102.99 Per Unit ADU < 750 Sq. Ft. $0.00 (3) $0.00 (2)
ADU ~ 750 Sq. Ft. $0.521 Per Sq. Ft. of primary $0.546 Per Sq. Ft. of primary dweltinq (3) dwelling (2)
Mobile Homes $4,120.56 Per Unit $4,322.47 Per Unit
Senior Assisted Living Units $2,879.09 Per Unit $3,020.16 Per Unit Commercial Lodqina $1,946.72 Per Unit $2,042.11 Per Unit Retail/Service/Office Uses $4.35 Per Sq. Ft. $4.56 Per Sq. Ft.
Industrial/Manufacturing Uses $0.536 Per Sq. Ft. $0.562 Per Sq. Ft.
Institutional Uses $0.308 Per Sq. Ft. $0.323 Per Sq. Ft.
Notes: (1) Plus $0.482/Square Foot beyond 2,700 Square Feet (2) Plus $0.521/Square Foot beyond 2,700 Square Feet
(3) Fees per 2019 AB 68, AB 881 and SB 13; Government Code Section 65852.2 Source: Development Impact Fee Calculation and Nexus Report and Master Facilities Plan for the CarpinteriaSummerland Fire District. August 10, 2016
POLICY CONSISTENCY
The recommendation is consistent with Mitigation Fee Act and Carpinteria Municipal Code Chapter 8.26.
The recommendation is also consistent with the Public Facilities & Services Element of the General Plan and Local Coastal Plan Policies:
Annual Review of Fire Protection Mitigation Fee Program August 28, 2023
PF-5b. The City will require proposed new developments to pay a fair share of the cost of needed public facilities and services ...
PF-5c. The City will ensure that new development will not adversely impact services and facilities provided to existing development.
FINANCIAL CONSIDERATIONS
Collection of fire protection mitigation fees provides for a portion of the revenue necessary for the Carpinteria-Summerland Fire Protection District to fund equipment acquisitions and construct facilities as outlined in the District's Facilities Master Plan. The fees are adjusted on an annual basis (July 1st) in accordance with Carpinteria Municipal Code Section
8.26.040 by using the Construction Cost Index percentage of the preceding twelve months as listed in the Engineering News Record, which was 4.9-percent for Fiscal Year 2022-23.
Table 2 below shows examples of fee payments.
Table 2
Fire Protection Development Impact Fee Comparison
2022-2023 Fee 2023-2024
Proposed Development Units/Size (Current) (Proposed Fee) Examole Residential Proiects
Residential 1 Unit $2,265.92 $2,376.95
Multi-family 2 Units $4,531.84 $4,753.90
Commercial 6,668 Sq. Ft. $29,005.80 $30,406.08
Residential 6 Units $13,595.52 $14,261.70
Multi-family 23 Units $46,109.48 $48,368.77
LEGAL AND RISK MANAGEMENT CONSIDERATIONS
Notice of Public Hearing appeared in The Coastal View News on July 13 and 20, 2023.
On February 10, 2004, the City of Carpinteria and the Carpinteria-Summerland Fire Protection District executed an indemnification and hold harmless agreement. The purpose of the agreement was for the District to indemnify and hold harmless the City and City agents, officers, and employees from claims related to the imposition, administration, and collection of the District's fire protection mitigation fees. This agreement continues to be in effect.
OPTIONS
1. Approve and adopt Resolution No. 6259, updating the Fire Protection Mitigation Fee Schedule for Development, and approving and accepting the CarpinteriaSummerland Fire Protection District's Annual Report. (Staff recommendation)
2. Direct staff to amend Resolution No. 6259, as determined appropriate, and adopt the resolution as amended.
3. Decline to adopt Resolution No. 6259 which retains the current Fire Protection Mitigation Fee Schedule. However, the current fees would not be commensurate Annual Review of Fire Protection Mitigation Fee Program August 28, 2023
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with the increased service demands of the Carpinteria-Summerland Fire Protection District caused by any future development.
PRINCIPAL PARTIES EXPECTED AT MEETING
Carpinteria-Summerland Fire Protection District
ATTACHMENTS
Attachment A:
Attachment B:
Carpinteria-Summerland Fire Protection District Annual Report Resolution No. 6259
Staff contact:
John L. Ilasin, Public Works Director
(805) 880-3402; [email protected]
Reviewed by:
Dave Durflinger, City Manager
(805) 755-4400; [email protected]
ATTACHMENT A
Carpinteria-Summerland Fire Protection District Annual Report
THIS PAGE INTENTIONALLY LEFT BLANK
CARPINTERIA-SUMMERLAND
FIRE PROTECTION DISTRICT
STAFF REPORT
To:
From:
By:
Date:
Topic:
Carpinteria-Summerland Fire Protection District Board of Directors Greg Fish, Fire Chief
Michael LoMonaco, Fire Marshal
June 29, 2023
Annual Review of Fire Protection Mitigation Fees
Summary
AB 1600, passed into law in 1989, allows for government agencies to impose Development Impact Fees (DIF).
The law was codified in Government Code section 66000 et seq., also referred to as the Mitigation Fee Act.
Development Impact Fees or Mitigation Fees are intended to assist local fire agencies in delivering the increasing service demand caused by additional development. In 2003, the City of Carpinteria and the County of Santa Barbara adopted ordinances imposing fire protection mitigation fees on any new development within the Carpinteria-Summerland Fire Protection District. The City's ordinance is codified in Chapter 8.26 of the Carpinteria Municipal Code. The County ordinance is codified in Chapter 15, Article IIIA, of the County Code.
AB 1600 requires that projects to be financed with DIF must be identified in a Master Facilities Plan.
Periodic review and adjustment to the DIF ensures that the district collects sufficient funds to construct and purchase additional facilities and equipment to serve new residential and commercial development.
Discussion
Government Code Section 66002 requires that an annual report be prepared that reviews the District's Master Facilities Plan and the estimated costs for constructing public facilities. The estimated costs for construction are adjusted each year by the Engineering News Record Construction Cost Index, which was 4.9 % for FY 2022-2023. In accordance with Carpinteria Municipal Code 8.26.040 and Santa Barbara County Code 15-67 the fees are automatically adjusted.
During FY 2022-2023, fund revenue was $89,404.22 due to various new estate and ocean front developments; interest generated was $5,989.47. Total expenditures during this period were $354,588.35. The ending fund balance was $210,272.12.
Conclusion
Approve the 2023 Annual Review of the Fire Protection Mitigation Fees and direct the Fire Chief to forward the report to Santa Barbara County and Carpinteria City as required by County Code Section 15-67 (a) and Municipal Code Section 8.26.040.
Financial Impact
The proposed fees account for a 4.9% increase of 2023 amounts.
Attachments
Exhibit A - Development Impact Fees
Exhibit B - CSFPD Fund 3633 Balance
EXHIBIT A DEVELOPMENT IMPACT FEES
Current Fees
2022-2023 Fire Protection Development Impact Fee Schedule Type of Development
Estate Residential Dwelling $2,265.92 First 2,700 Sq. Ft. (1) Detached Residential Dwellings $2,312.60 Per Unit
Attached Multiple Residential $2,004.76 Per Unit
ADU<750 Sq. Ft. $0.00 (2)
ADU~750 Sq. Ft. $0.521 Per Sq. Ft. (2)
Mobile Homes $4,120.56 Per Unit
Senior Assisted Living Units $2,879.09 Per Unit
Commercial Lodging $1,946.72 Per Unit
Retail/Service/Office Uses $4.35 Per Sq. Ft.
Industrial/Manufacturing Uses $0.536 Per Sq. Ft.
Institutional Uses $0.308 Per Sq. Ft.
Notes: (1) Plus $0.521/Sq. Ft. Beyond 2,700 Sq. Ft.
(2) Fees per 2019 AB 68, AB 881 and SB 13; Government Code Section 65852.2 Source: Carpinteria Summerland Fire Protection District-Development Impact Fees Nexus Calculation Report and Revised Master Facilities Plan, February 2016 Engineering News Record Construction Cost Index 2021-2022 8.0 % Fee schedule effective July 1, 2023
2023-2024 Fire Protection Development Impact Fee Schedule Type of Development
Estate Residential Dwelling $2,376.95 First 2,700 Sq. Ft. (1) Detached Residential Dwellings $2,370.02 Per Unit
Attached Multiple Residential $2,102.99 Per Unit
ADU< 750 Sq. Ft. $0.00 (2)
ADU~ 750 Sq. Ft. $0.546 Per Sq. Ft. (2)
Mobile Homes $4,322.47 Per Unit
Senior Assisted Living Units $3,020.16 Per Unit
Commercial Lodging $2,042.11 Per Unit
Retail/Service/Office Uses $4.56 Per Sq. Ft.
Industrial/Manufacturing Uses $0.562 Per Sq. Ft.
Institutional Uses $0.323 Per Sq. Ft.
Notes: (1) Plus $0.546/Sq. Ft. Beyond 2,700 Sq. Ft.
(2) Fees per 2019 AB 68, AB 881 and SB 13; Government Code Section 65852.2 Source: Carpinteria-Summerland Fire Protection District-Development Impact Fees Nexus Calculation Report and Revised Master Facilities Plan, February 2016 Engineering News Record Construction Cost Index 2022-2023 4.9% 2 EXHIBIT B Carpinteria Summerland FPD Fund 3633
Fire Protection District Development Impact Fees - Ledger FY 2021-/2022* Ledger@ Ledger@
July 1, 2021 Credits Interest Debits June 30, 2022
Fund 3633 $469,466.71 $73,006.15 $3,287.35 $44,707.13 $501,053.08 Fire Protection
Capital
Improvements
* Final Audited Numbers 7/18/2022
Fire Protection District Development Impact Fees - Ledger FY 2022-/2023** Ledger@ Ledger@
July 1,2022 Credits Interest Debits June 30, 2023
Line Item 5305 $469,466.71 $89,404.29 $5,989.47 $ 354,588.35 $210,272.12 Fund 3633
Fire Protection
Capital
Improvements
** Totals are unaudited and require review before the final report is complete. 3 ATTACHMENT B
Resolution No. 6259
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RESOLUTION NO. 6259
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARPINTERIA UPDATING THE FIRE PROTECTION
MITIGATION FEE SCHEDULE FOR DEVELOPMENT AND
APPROVING AND ACCEPTING THE CARPINTERIASUMMERLAND FIRE PROTECTION DISTRICT'S ANNUAL REPORT
WHEREAS, on March 22, 2004, the City Council of the City of Carpinteria, California ("City") adopted Ordinance 599, creating and establishing the authority for imposing and charging a fire protection mitigation fee, as codified in Carpinteria Municipal Code Chapter 8.26, and Resolution No. 4857 which established the level of Fire Protection Mitigation Fees; and WHEREAS, the Carpinteria-Summerland Fire Protection District (District) prepared an analysis of the need for new facilities and improvements required, in the form of a revised 2008 Master Facilities Plan, which set forth the relationship between new development, the needed facilities, and their cost estimates; and WHEREAS, on September 12, 2016, the City Council received and considered a Report by Revenue and Cost Specialists, LLC, dated August 10, 2016, which analyzes the impacts of future development on the District's fire protection facilities and improvements; and
WHEREAS, by Resolution No. 6150, adopted July 25, 2022, the City Council last approved the District's Annual Report and adjusted Fire Protection Mitigation Fee Schedule for Development; and
WHEREAS, Carpinteria Municipal Code Section 8.26.050 allows the Fire Protection Mitigation Fee to be set and revised periodically by resolution of the City Council; and
WHEREAS, the updated Report and all documents filed with the City Clerk were available for public review on July 7, 2023 and a notice of hearing was published on July 13, 2023 and July 20, 2023 in a newspaper of general circulation within the jurisdiction of the City.
NOW, THEREFORE, BE IT RESOLVED as follows:
Resolution No. 6259
SECTION 1.
The City Council finds that new development in the City will generate additional demands on fire protection facilities serving the City and will contribute to the impact upon such facilities.
\
SECTION 2.
The City Council finds the cost estimates set forth in the District's Master Facilities Plan are reasonable cost estimates for the public facilities contained in said Plan and determines that there is a continued need for these improvements and that the improvements are consistent with objectives and policies described in the City's General/Local Coastal Land Use Plan and Environmental Impact Report, Fire Hazard, Objective S-5.
SECTION 3.
The City Council finds that the fees expected to be generated by new development will not exceed the costs for construction of fire protection facilities and improvements set forth in the Master Facilities Plan.
SECTION 4.
The City Council finds as follows:
a. The purpose of the fees is to finance the acquisition and construction of certain fire protection capital improvements, including structures, fire apparatus, and fire equipment. b. The use to which the fees are to be put is to finance the acquisition and construction of certain fire protection capital improvements, including structures, fire apparatus, and fire equipment. c. The City Council finds that there is a reasonable relationship between the need for the public facilities for which fees are collected and the type of development project on which the fee is imposed, as more particularly described in Exhibits 1, 2, 3, and 4. d. The City Council finds that there is a reasonable relationship between the use of the fees and the type of development project on which the fee is imposed, as more particularly described in Exhibit's 1, 2, 3, and 4.
Resolution No. 6259
SECTION 5.
The City Council approves the District's adopted Master Facilities Plan as shown in Exhibit 3.
SECTION 6.
The City Council approves the District's Fire Protection Development Impact Fee Schedule as shown in Exhibit 2.
SECTION 7.
As to funds on deposit in the Fire Mitigation Fees Fund, the City Council finds as follows:
a. The purpose of the Fire Mitigation Fees is to finance necessary District infrastructure, fire apparatus and equipment as detailed further in Exhibit 3.
b. A reasonable relationship between the Mitigation Fee and its purpose exists, in that the District nexus calculation report demonstrates that the fee assessed to new development is in proportion to such development's impacts on necessary District infrastructure. c. The sources and amounts of funding anticipated to complete financing for the Master Facilities identified in the District's Master Facilities Plan are identified as shown in Exhibit 3.
d. All projects on the District's Master Facilities Plan are expected to be completed with development fees, when sufficient funds are collected within the 20-year span of the plan, as shown on Exhibit 3.
PASSED, APPROVED AND ADOPTED on August 28, 2023, by the following vote:
AYES: COUNCILMEMBER(S):
NOES: COUNCILMEMBER(S):
ABSENT: COUNCILMEMBER(S):
ABSTAIN: COUNCILMEMBER(S):
Mayor, City of Carpinteria
Resolution No. 6259
ATTEST:
Brian C. Barrett, CMC, CPMC
City Clerk, City of Carpinteria
I hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Carpinteria held on August 28, 2023.
Brian C. Barrett, CMC, CPMC
City Clerk, City of Carpinteria
APPROVED AS TO FORM:
Jena Shoaf Acos, on behalf of Brownstein
Hyatt Farber Schreck, LLP acting as
City Attorney of the City of Carpinteria
EXHIBIT 1 TO RESOLUTION NO. 6259
FUND DESCRIPTION
Master Facilities Plan: Fees collected for the actual and estimated costs to acquire certain fire protection capital improvements, including structures, fire apparatus and fire equipment.
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EXHIBIT 2 TO RESOLUTION NO. 6259
FEE SCHEDULE
Fiscal Year 2023-24 Adopted Fire Protection Development Impact Fee Schedule Type of Development Fee
Estate Residential Dwelling $2,376.95 First 2,700 Sq. Ft. (1) Detached Residential Dwellings $2,370.02 Per Unit
Attached Multiple Residential $2,102.99 Per Unit
ADU< 750 Sq. Ft. $0.00 (2)
ADU ~ 750 Sq. Ft. $0.546 Per Sq. Ft. of primary dwelling (2) Mobile Homes $4,322.47 Per Unit
Senior Assisted l.ivinq Units $3,020.16 Per Unit
Commercial l.odqinq $2,042.11 Per Unit
Retail/Service/Office Uses $4.56 Per Sq. Ft.
lndustrial/Manufacturinq Uses $0.562 Per Sq. Ft.
Institutional Uses $0.323 Per Sq. Ft.
Notes: (1) Plus $0.521/Square Foot beyond 2,700 Square Feet (2) Fees per 2019 AB 68, AB 881 and SB 13; Government Code Section 65852.2 Source: Development Impact Fee Calculation and Nexus Report And Master Facilities Plan For the Carointeria-Summerland Fire District, August 10, 2016.
Enqineerino News Record Construction Cost Index 2022-2023 4.9%
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EXHIBIT 3 TO RESOLUTION NO. 6259
Carpinteria-Summerland Fire Protection District Master
Suppression Facilities Plan Fire Suppression Facilities, Vehicles %from Total Dollar $ from other Project Buildand Equipment 2022-23 Fee Cost from Fee Resources Out (+2.7%) FD-01 Relocate Northerly Station #2 25 $1,180,251 $3,540,754 $4,721,005 FD-02 Expand Southerly Station #1 100 $1,845,676 $1,845,676 FD-03 Relocate the Administration Office 25 $1,325,854 $3,977,563 $5,303,417 FD-04 Construct an Emergency Operations Center (EOC} 25 $273,912 $821,738 $1,095,650 FD-OS Construct Training Tower/Drafting Pit 25 $422,861 $1,268,583 $1,691,444 Acquire a Type 1 Engine w/Aerial Attack Capability
FD-06 (Telesquirt) 75 $581,165 $193,722 $774,887
FD-07 Acquire a Type Ill Fire Engine $354,588.35 100 $354,176 $354,176 FD-08 Acquire a Multi-Use Incident Support Vehicle 25 $64,574 $193,722 $258,296 FD-09 Improve the Wildland Patrol/Brush lnsp. Vehicle 25 $5,740 $17,219 $22,959 TOTALS $16,067,510
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EXHIBIT 4 TO RESOLUTION NO. 6259
FEE ACCOUNTING
Carpinteria-Summerland FPD Fund 3633
Fire Protection District Development Impact Fees - Ledger FY 2022-/2023** Ledger@ Ledger@
July 1, 2022 Credits Interest Debits June 30, 2023
Line Item 5305 $469,466.71 $89,404.29 $5,989.47 $354,588.35 $210,272.12 Fund 3633
Fire Protection
Capital
Improvements
** Totals are unaudited and require review before the final report is complete.
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City of Carpinteria
COUNCIL AGENDA STAFF REPORT
August 28, 2023
ITEM FOR COUNCIL CONSIDERATION
Adoption of Resolution No. 6265, initiating amendment of the City's Accessory Dwelling Unit and Junior Accessory Dwelling Unit Regulations, a part of its Local Coastal Program and Zoning Code, in response to recent state Accessory Dwelling Unit legislation.
STAFF RECOMMENDATION
Adopt Resolution No. 6265 (Attachment A), initiating amendments to the Carpinteria Local Coastal Program and Chapter 14.72 of Title 14, Zoning, of the Carpinteria Municipal Code, to address recent state Accessory Dwelling Unit legislation.
Sample Motion: I move to approve and adopt Resolution No. 6265, initiating amendments to the Carpinteria Local Coastal Program and Chapter 14.72 of Title 14, Zoning, of the Carpinteria Municipal Code, in response to recent state Accessory Dwelling Unit legislation.
BACKGROUND
On September 23, 2019, City Council voted unanimously to approve Resolution No. 5915, which initiated the process of amending the City's Local Coastal Program (LCP) and Zoning Code in response to numerous changes in state Accessory Dwelling Unit (ADU) laws. From 2019 through 2022, City staff worked to create Ordinance No. 758, which rescinded and replaced in its entirety Chapter 14.72 (Accessory Dwelling Units and Junior Accessory Dwelling Units) of the Carpinteria Municipal Code (CMC), and minorly amended other chapters, in compliance with state laws regarding ADUs and Junior Accessory Dwelling Units (JADUs).
On September 26, 2022, the City Council voted unanimously to approve Resolution No. 6160, which certified that Ordinance No. 758 was intended to carry out the policies of the City's Coastal Land Use Plan consistent with the California Coastal Act, and which directed that Ordinance No. 758 be sent to the California Coastal Commission (CCC) for certification. The CCC certified Ordinance No. 758 in December 2022, and City Council subsequently reviewed and unanimously approved the Ordinance upon a second reading on January 23, 2023. A copy of Ordinance No. 758, which reflects the Accessory Dwelling Unit Local Coastal Program Amendment Initiation August 28, 2023
City's current ADU and JADU regulations, is included with this report as Attachment B.
Since adoption of Ordinance No. 758, a total of 11 ADUs have been applied for, with five of those (as of August 11
th
) having completed all necessary reviews and obtained
their respective building permits.
In September 2022, the state legislature passed and the Governor signed into law, Senate Bill (SB) 897 and Assembly Bill (AB) 2221, which further amended state requirements for local government regulation of ADUs and JADUs. Staff proposes updating the CMC to conform to the requirements of SB 897 and AB 2221, which went into effect January 1, 2023. Additional updates in response to any other changes to state legislation and state ADU law adopted in 2023 also can be addressed as part of this effort.
The purpose of this agenda item is for the City Council to consider taking action to initiate a LCP Amendment that will harmonize the new ADU and JADU requirements in state law with the City's Zoning Code, LCP and Coastal Act policies. Should the Council initiate the work as recommended, staff will draft the proposed amendments, including holding related public meetings, for future consideration by the City's Planning Commission and City Council, and certification by the CCC.
DISCUSSION
In recent years, the state legislature has passed a flurry of housing laws with the goal of increasing housing affordability and availability, an objective shared by the City. In an effort to do so, however, the state has increasingly eroded local agencies' ability to regulate residential development, including ADUs. For example, SB 897 and AB 2221 increase the size and scope of ADUs that local agencies must allow under certain conditions, streamline the permitting process for certain types of ADUs or JADUs, and further limit the circumstances under which an application for an ADU or JADU may be denied. These laws also require that local agency ordinances apply objective standards to ADUs and JADUs.
These new laws will require changes throughout CMC Chapter 14.72, most notably regarding height limits, exceptions for front setbacks, and parking requirements for ADUs that are included in applications for new residences. Attachment C to this report summarizes how recent changes to state ADU/JADU law affect the City's current ADU/JADU regulations. In addition, 2023 legislation may further amend ADU/JADU law in a manner that necessitates additional changes to CMC Chapter 14.72.
Initiation of the subject legislative work will allow staff to embark on updates to the City's Local Coastal Program and Zoning Code standards for ADUs and JADUs to implement the goal of state ADU legislation to facilitate and increase the availability of smaller, more affordable housing units while also addressing local conditions, including the need to protect coastal resources under the Coastal Act.
G:\CC Staff Reports\2023 0828\Final\ADU Ordinance Amendments lnitiation\Final CC SR ADU Ord Amendment Initiation 2023-08-28.docx
Accessory Dwelling Unit Local Coastal Program Amendment Initiation August 28, 2023
ENVIRONMENTAL
The initiation of the described amendments to the Carpinteria Local Coastal Program, and Chapter 14. 72 of Title 14, Zoning of the Carpinteria Municipal Code is not subject to the California Environmental Quality Act ("CEQA") pursuant to Public Resources Code Section 21080.17 and Title 14 of the California Code of Regulations Section 15060( c)(2) (the initiation of potential amendments will not result in a direct or reasonably foreseeable indirect physical change in the environment), 15060(c)(3) (the initiation of potential amendments is not a "project" as defined in section 15378), 15061 (b)(3) (the initiation of potential amendments is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment; where it can be seen with certainty that there is no possibility that the initiation of potential amendments in question may have a significant effect on the environment, the activity is not subject to CEQA), and 15262 (the initiation of possible amendments only authorizes feasibility and planning studies for possible amendments to the City's Local Coastal Program).
POLICY CONSISTENCY
There are a number of policies within the Land Use, Community Design, and Housing Elements of the General Plan/Local Coastal Land Use Plan that speak to housing availability, community character, and coastal resource protection that are relevant to the contemplated ADU/JADU regulations amendments. Some of the key policies are listed below.
LAND USE ELEMENT
Objective LU-1: Establish the basis for orderly, well planned urban development while protecting coastal resources and providing for greater access and recreational opportunities for the public.
Policy LU-1c: Where policies in the Land Use Element overlap, the policy that is most protective of resources (e.g., land, water, air, etc.) shall take precedence.
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-3a: New development shall occur contiguous to existing developed areas of the city. Higher density in certain residential neighborhoods and for residential uses in commercial districts shall be provided as a means to concentrate development in the urban core consistent with zoning designations, particularly where redevelopment of existing structures is proposed.
G:\CC Staff Reports\2023 0828\Final\ADU Ordinance Amendments lnitiation\Final CC SR ADU Ord Amendment Initiation 2023-08-28.docx
Accessory Dweiiing Unit Local Coastal Program Amendment Initiation August 28, 2023
Policy LU-3b: The Community Design Element shall guide the character of development, and represent a comprehensive statement of the community's visual objectives.
Policy LU-3i: Ensure the provision of adequate services and resources, including parking, public transit and recreational facilities, to serve proposed development.
COMMUNITY DESIGN ELEMENT
Citywide Community Design Objectives
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-3: The design of the community should be consistent with the desire to protect views of the mountains and the sea (California Coastal Act of 1976 §30251).
Community Design Subareas
Subarea 1. Downtown Beach Neighborhood
Objective CDS1-3: Ensure that the scale and character of new development is consistent with the existing small-scale character of the residential neighborhood and that it is consistent with the neighborhood "small beach town" image. Discourage new development of large, "boxy" buildings, with ground floors primarily devoted to garages.
Subarea 3. Santa Monica, Canalino and El Carro Nei'ghborhoods Objective CDS3-2: Preserve and enhance the existing residential neighborhood and ensure that new development enhances the neighborhood character. [GP]1 Objective CDS3-3: Ensure that new development is sensitive to the scale and character of the existing neighborhoods, and consistent with the city's "small beach town" image.
Subarea 4. The Northeast
Objective CDS4-2: To take advantage of the subarea's unique mixture of workplaces and affordable housing to develop a vital living and working center for the city. [GP] Objective CDS4-3: Enhance existing residential neighborhoods and ensure that new development improves the neighborhood scale and character. [GP] 1 The notation [GP) included herein refers to provisions of the General Plan that are not part of the certified Local Coastal Program.
G:\CC Staff Reports\2023 0828\Final\ADU Ordinance Amendments lnitiation\Final CC SR ADU Ord Amendment Initiation 2023-08-28.docx
Accessory Dwelling Unit Local Coastal Program Amendment Initiation August 28, 2023
Policy CDS4-a: Ensure that new development is sensitive to the scale and character of the existing neighborhoods, and consistent with the city's "small beach town" image.
Subarea 5. Concha Loma Neighborhood
Objective CDS5-2: Preserve the existing residential neighborhoods and their unique characteristics, and ensure that new development enhances the neighborhood character. [GP]
Objective CDS5-3: Ensure that new development is sensitive to the scale and character of the existing neighborhoods, and consistent with the city's "small beach town" image.
HOUSING ELEMENT
2 Program Category #1: MAKE SITES AVAILABLE TO ACCOMMODATE THE RHNA Goals:
• Maintain an adequate supply of appropriately zoned land and take all necessary actions to support the production of at least 901 housing units in the City to accommodate the RHNA allocation for the 2023-2031 period • Maintain a jobs-housing balance or ratio within the 0. 75 to 1. 25 range suggested by the Santa Barbara County Association of Governments.
Policies:
• Adequate Sites: Provide sufficient sites in the General Plan/Coastal Plan and zoning map to meet the housing needs allocated to the City by the Regional Housing Needs Allocation (RHNA) Plan.
• Housing Types: In the General Plan/Coastal Plan and implementing ordinances, provide for a mix of housing types consistent with the City's needs, including single-family detached and multi-family housing.
• Accessory Dwelling Units: Promote the development of ADUs consistent with State law and City regulations.
• 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.
2 The Housing Element is part of the General Plan but is not part of the City's certified Local Coastal Program. City Council adopted the 2023-2031 Housing Element on April 10, 2023, however the Housing Element has not yet been certified by HCD. An amended Housing Element will be brought forward to the Council for re-adoption in late summer or fall 2023 before being resubmitted to HCD for certification.
G:\CC Staff Reports\2023 0828\Final\ADU Ordinance Amendments lnitiation\Final CC SR ADU Ord Amendment Initiation 2023-08-28.docx
Accessory Dweiiing Unit Local Coastal Program Amendment Initiation August 28, 2023
Programs:
2. Accessory Dwelling Units
Accessory dwelling units (ADUs) represent an important source of affordable housing in cities with high housing costs. Since ADUs can be accommodated on developed sites at no additional land cost, they represent an excellent option for addressing the needs of seniors, university students, household employees, local service workers and extended family members.
In 2023, after extensive collaboration with the California Coastal Commission, the City amended its ADU regulations in compliance with current state law. The City will promote and facilitate ADU construction to facilitate an annual production of 20 units per year (160 units during this housing cycle) by implementing the following actions:
a. Post and annually update information regarding ADU opportunities at City Hall and on the website
b. Continue to review ADU regulations on an annual basis to determine whether standards could be modified to increase opportunities for additional ADUs without causing adverse impacts on surrounding properties. c. Provide two standardized pre-approved ADU plans (400sf and 480sf) to interested homeowners. .
d. Offer incentives such as fast-track processing and reduced processing fees when ADUs are voluntarily deed-restricted for low- or moderate-income persons. e. Monitor ADU production and affordability annually and implement additional actions or incentives if production is not meeting anticipated levels. Additional actions, if necessary, should be taken in a timely manner (e.g., within six months), and if necessary, the degree of additional actions should be in stride with the degree of the gap in production and affordability.
ANNUAL WORK PLAN
The contemplated amendments to the City's ADU and JADU regulations to conform to current state law are generally reflected in the tasks identified as part of the Community Development Department Advanced Planning Program's "Housing Element Update and Response to State Housing Legislation" work plan item, which calls for updating the City's Housing Element and Zoning Code to reflect current state housing laws. This item has been identified as a "high" priority task in the approved work plan and is expected to carry over into 2024 for completion.
LEGAL AND RISK MANAGEMENT CONSIDERATIONS
The City is obligated to amend its LCP and Zoning Code to closely conform to current state ADU/JADU law while still also complying with Coastal Act resource protection policies.
G:\CC Staff Reports\2023 0828\Final\ADU Ordinance Amendments lnitiation\Final CC SR ADU Ord Amendment Initiation 2023-08-28.docx
Accessory Dwelling Unit Local Coastal Program Amendment Initiation August 28, 2023
The contemplated amendments to the City's ADU/JADU regulations discussed in this report would not become effective within the City of Carpinteria until the necessary steps have been completed to obtain a certified LCPA from the CCC. In the interim, the City's existing ADU/JADU regulations remain in effect given that state ADU/JADU law does not supersede the California Coastal Act.
FINANCIAL CONSIDERATIONS
Staff time necessary to complete the ordinance development and adoption work would be paid for from the City's General Fund, and has been budgeted for in the current FY2023-24 adopted Budget as part of the Community Development Department's Advance Planning program work and the Administrative Services Department's Central Services program (for the Management Intern position).
Amending the City's ADU/JADU regulations to conform to current state law is expected to have a small net positive impact on the number of ADUs and JADUs applied for and permitted within the City, along with a corresponding small increase in revenues associated with permit and plan check fees.
OPTIONS
The Council may choose to:
1. Initiate amendments to the Local Coastal Program and Zoning Code to address recent changes in state Accessory Dwelling Unit Laws.
2. Take no action, or elect not to initiate the amendments as proposed herein.
3. Request staff to return to a future Council meeting with additional information prior to deciding whether to initiate the amendments.
PRINCIPAL PARTIES EXPECTED AT MEETING
Affected property owners
Interested citizens
ATTACHMENTS
Attachment A Resolution No. 6265, initiating changes to City ADU and JADU regulations
Attachment B Ordinance No. 758 (current City ADU/JADU regulations) Attachment C Summary of anticipated changes to City's current ADU/JADU regulations.
G:\CC Staff Reports\2023 0828\Final\ADU Ordinance Amendments lnitiation\Final CC SR ADU Ord Amendment Initiation 2023-08-28.docx
Accessory Dwelling Unit Local Coastal Program Amendment Initiation August 28, 2023
Prepared by: Megan Musolf, Management Intern
[email protected]
Staff Contact: Nick Bobroff, Director
Community Development Department
(805) 755-4407 I [email protected]
Reviewed by: Dave Durflinger, City Manager
(805) 755-4400, [email protected]
~ ~lure
G:\CC Staff Reports\2023 0828\Final\ADU Ordinance Amendments lnitiation\Final CC SR ADU Ord Amendment Initiation 2023-08-28.docx
Attachment A.
Draft Resolution No. 6265,
Initiation of Changes to City ADU/JADU Regulations
August 28, 2023 City Council Meeting
Initiation of Amendments to ADU/JADU Regulations
Project 23-2231-ORD/LCPA
RESOLUTION NO. 6265
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARPINTERIA, INITIATING AMENDMENTS TO
CARPINTERIA ZONING CODE CHAPTER 14.72, PART OF
THE LOCAL COASTAL PROGRAM, TO ADDRESS RECENT
CHANGES IN STATE ACCESSORY DWELLING UNIT LAWS
WHEREAS, the City of Carpinteria (City) has an Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) Ordinance, codified as Chapter 14.72 of the Carpinteria Municipal Code (CMC); and
WHEREAS, the City's ADU/JADU regulations were last updated and adopted in January 2023 under Ordinance No. 758 in response to numerous changes in state ADU/JADU legislation that were passed between 2016 and 2021; and WHEREAS, in September 2022, the state legislature passed and the Governor signed into law, Senate Bill (SB) 897 and Assembly Bill (AB) 2221, which further amended state requirements for ADUs and JADUs, and which went into effect January 1, 2023; and
WHEREAS, the changes to state law require substantive amendments to the City's ADU and JADU regulations to reflect, among other changes, increases to the size and scope of ADUs that must be allowed under certain conditions, new permitting streamlining measures for certain types of ADUs and JADUs, and additional limitations to the circumstances under which an application for an ADU or JADU may be denied; and WHEREAS, additional changes to CMC Chapter 14.72 may be required to reflect other recent changes to state legislation and/or commitments to ADU/JADU production targets called for in the City's Housing Element; and
WHEREAS, the City proposes updates to CMC Chapter 14.72 to harmonize the new ADU and JADU requirements in state law with the City's Zoning Code, Local Coastal Program and Coastal Act policies; and
WHEREAS, the City Council has conducted a public hearing on August 28, 2023 to consider initiation of the above-described amendments, and provided advanced public noticing for the hearing in a manner consistent with the requirements of the California Coastal Act.
NOW, THEREFORE, BE IT RESOLVED as follows:
SECTION 1. The above recitals are true and correct, an incorporated herein by reference.
- I -
-sECTION 2~. The CityCouncil hereoy initiates amendments to the Carpinteria Local Coastal Program, and Chapter 14.72 of Title 14, Zoning of the Carpinteria Municipal Code, to address recent changes in State Accessory Dwelling Unit laws consistent with the Coastal Act and Coastal Commission guidance to date.
SECTION 3. The City Council finds that the initiation of amendments to the Carpinteria Local Coastal Program, and Chapter 14.72 of Title 14, Zoning of the Carpinteria Municipal Code is not subject to the California Environmental Quality Act ("CEQA") pursuant to Public Resources Code Section 21080.17 and Title 14 of the California Code of Regulations Section 15060( c)(2) (the initiation of potential amendments will not result in a direct or reasonably foreseeable indirect physical change in the environment), 15060(c)(3) (the initiation of potential amendments is not a "project" as defined in section 15378), 15061 (b)(3) (the initiation of potential amendments is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment; where it can be seen with certainty that there is no possibility that the initiation of potential amendments in question may have a significant effect on the environment, the activity is not subject to CEQA), and 15262 (the initiation of possible amendments only authorizes feasibility and planning studies for possible amendments to the City's Local Coastal Program).
PASSED, APPROVED AND ADOPTED on this 28
th day of August, 2023, by the
following vote:
AYES: COUNCILMEMBER(S):
NOES: COUNCILMEMBER(S):
ABSENT: COUNCILMEMBER(S):
ABSTAIN: COUNCILMEMBER(S):
Mayor, City of Carpinteria
ATTEST:
Brian C. Barrett, CMC, CPMC
City Clerk, City of Carpinteria
I hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Carpinteria held on August 28, 2023. - 2 -
Brian C. Barrett, CMG, CPMC
City Clerk, City of Carpinteria
APPROVED AS TO FORM:
Jena Shoaf Acos, on behalf of Brownstein
Hyatt Farber Schreck, LLP acting as
City Attorney of the City of Carpinteria
- 3 -
Attachment B.
Ordinance No. 758
(Current City ADU/JADU Regulations)
August 28, 2023 City Council Meeting
Initiation of Amendments to ADU/JADU Regulations
Project 23-2231-ORD/LCPA
ORDINANCE NO. 758
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARPINTERIA AMENDING CHAPTER 14.72 OF TITLE 14 (ZONING) OF THE CARPINTERIA
MUNICIPAL CODE BY RESCINDING AND REPLACING RESIDENTIAL
SECONDARY DWELLING UNIT PROVISIONS WITH PROVISIONS CONCERNING
ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS,
AND INCLUDING RELATED AMENDMENTS TO VARIOUS OTHER CHAPTERS WITHIN TITLE 14 TO BE CONSISTENT WITH THIS INTENT
RECITALS
WHEREAS, on September 27, 2016, the State Legislature adopted Assembly Bill ("AB") 2299 and Senate Bill ("SB") 1069 (Government Code ("GC") Section 65852.2) requiring ministerial approval of planning and building permit applications for Accessory Dwelling Units ("ADUs") that are located within single-family residential zones and comply with applicable parking, setback, and size restrictions.
WHEREAS, on October 8, 2017, the State Legislature adopted SB 229 and AB 494 (GC Section 65852.2) to allow ADUs on all lots zoned for single- or multi-family uses, reduce maximum parking requirements, and make clarifying edits to GC Section 65852.2.D.
WHEREAS, on October 9, 2019, the State Legislature adopted AB 68, AB 881, and SB 13 (GC Sections 65852.2 and 65852.22) to further streamline the permit process for and reduce the development standards applicable to ADU and Junior Accessory Dwelling Units ("JADUs").
WHEREAS, on September 28, 2020, the State Legislature adopted AB 3182 to update and clarify provisions of GC Section 65852.2.
WHEREAS, on January 1980, by Resolution No. 1019, the City Council adopted the Coastal Plan that was developed pursuant to The California Coastal Act of 1976 (Public Resources Code 30000 et seq.) ("Coastal Act"), which includes the entirety of the City's jurisdiction.
WHEREAS, on October 12, 1981, by Ordinance 315, the City Council adopted Title 14 of the Carpinteria Municipal Code, in compliance with the State of California planning and zoning laws.
ORDINANCE N0.758
WHEREAS, on May 29, 2001, by Resolution 4670, the City Council adopted the first amendment to the Carpinteria General Plan and Local Coastal Program (Project No.
GPA/LCPA 97-810), in compliance with California Law (Government Code Section 65300, et seq., and Public Resources Code 30000 et seq.), respectively.
WHEREAS, in March of 2019, the City published its Final City of Carpinteria Sea Level Rise Vulnerability Assessment and Adaptation Project, which constitutes a sciencebased investigation, findings, and recommendations to address physical effects of sea level rise upon the public and lands in the City's jurisdiction, and responds to California Coastal Commission guidance related to protection of Coastal Act resource policies.
WHEREAS, the Final City of Carpinteria Sea Level Rise Vulnerability Assessment and Adaptation Project investigates coastal flooding, tidal inundation, and coastal erosion risks in 2019 and projected coastal hazard risks in 2030, 2060, and 2100, based upon the regional County of Santa Barbara Coastal Resilience Project, utilized by the counties of Santa Barbara and Ventura and the cities of Goleta and Oxnard.
WHEREAS, the Final City of Carpinteria Sea Level Rise Vulnerability Assessment and Adaptation Project identifies the greatest coastal hazard risks in the Beach Neighborhood District, which is bounded by the Carpinteria Salt Marsh to the west, the Union Pacific Railroad to the north, Carpinteria City Beach to the south, and Linden Avenue to the east, as defined in the Community Design Element of the City's General Plan and Local Coastal Plan (2003), with an estimated 1.1 miles of public road and 4 public parking lots vulnerable to coastal hazards by 2030; 2.5 miles of lateral coastal access, 13 vertical coastal access points, and 2.2 miles of coastal trails vulnerable to coastal hazards; and the most vulnerable parcels, comprised of approximately 90 percent residential lots, located in this district.
WHEREAS, the Final City of Carpinteria Sea Level Rise Vulnerability Assessment and Adaptation Project identifies that the Carpinteria Salt Marsh, and three neighborhood districts: Beach Neighborhood, Carpinteria Bluffs, and Concha Loma Neighborhood, as defined in the Community Design Element of the City's General Plan and Local Coastal Plan (2003), warrant regional strategies and adaptation measures. Such strategies for built environments of these neighborhoods may include but are not limited to implementation of a Managed Retreat Program (e.g., Beach Neighborhood), a Repetitive Loss Program, storm drain and channel improvements, and a Coastal Adaptation Overlay Zone.
WHEREAS, consistent with the City's certified Local Coastal Program ("LCP") and policies of the Coastal Act, the City's current LCP Objective LU-1 requires the City to "establish the basis for orderly, well planned urban development while protecting coastal resources and providing for greater access and recreational opportunities for the public." ORDINANCE N0.758 2
WHEREAS, consistent with the City's certified Local Coastal Program and policies of the Coastal Act, the City's current LCP Objective S-4 requires the City to "minimize the potential risks and reduce the loss of life, property and the economic and social dislocations resulting from flooding."
WHEREAS, on September 23, 2019, the City adopted Resolution No. 5915 to initiate the Accessory Dwelling Unit zone code amendment work program item, recognizing the need to develop City ADU and JADU regulations in order to promote development of more affordable housing units as well as market rate units to increase the City's housing supply; the City Council directed staff to proceed with incorporating State ADU and JADU law into its LCP, recognizing Coastal Act consistency requirements remain in effect.
WHEREAS, the City Council finds that the need to proactively encourage the safe and orderly development of ADUs and JADUs in the City must also address compliance with the Coastal Act and the City's Local Coastal Program, including preservation and promotion of public access and recreational opportunities and minimization of potential risks to public safety associated with loss of life, property, impaired traffic flow, and social dislocations resulting from identified coastal hazards, including flooding.
WHEREAS, the City Council therefore identifies an area of the Beach Neighborhood District, as an area excluded from development of ADUs and JADUs due to identified, science-based coastal hazards that presently occur along the seaward side of Sandyland Road, and with increasing hazards that are projected to occur in the district due to estimated sea level rise of one to five feet, between the present and through 2100 as identified in the City of Carpinteria Sea Level Rise Vulnerability Assessment and Adaptation Project.
WHEREAS, the City Council now finds that it is in the interest of the orderly development of the City and important to the preservation of the health, safety, and general welfare of the residents of the City, to adopt an ordinance amending Chapter
14.08 - DEFINITIONS; Chapter 14.12 (R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT; Chapter 14.14 (PRO PLANNED RESIDENTIAL DEVELOPMENT DISTRICT); Chapter
14.16 (PUD PLANNED UNIT DEVELOPMENT DISTRICT); Chapter 14.17 (MHS/PUD
MOBILE/MODULAR HOME SUBDIVISION/PLANNED UNIT DEVELOPMENT DISTRICT); Chapter 14.18 (MHP PLANNED UNIT DEVELOPMENT DISTRICT); Chapter
14.20 (CPD COMMERCIAL PLANNED DEVELOPMENT DISTRICT); Chapter 14.22 (CB CENTRAL BUSINESS DISTRICT); Chapter 14.26 (M-RP INDUSTRIAL RESEARCH PARK DISTRICT); Chapter 14.28 (M GENERAL INDUSTRY DISTRICT); Chapter 14.32 (A AGRICULTURE DISTRICT); and Chapter 14.72 (SECONDARY DWELLING UNITS) to implement new regulations regarding the permitting of ADUs and JADUs in compliance with GC Sections 65852.2 and 65852.22.
ORDINANCE N0.758 3
WHEREAS, the proposed Title 14 - Zoning Ordinance amendment is consistent with the General Plan and Coastal Land Use Plan and the requirements of the State planning, zoning, and development laws.
WHEREAS, the proposed Title 14-Zoning Ordinance amendment is in the interest of the general community welfare since it will serve to implement the requirements of State law that promote the development of ADUs and JADUs that will increase the supply of housing in the City while protecting coastal resources consistent with the Coastal Act and the City's certified LCP.
WHEREAS, the Planning Commission has held a duly noticed public hearing on August 1, 2022, as required by GC Section 65854, on the proposed Title 14 - Zoning Ordinance amendment at which hearing the proposed amendment was explained and comments invited from people in attendance.
WHEREAS, the Planning Commission adopted a resolution at a public meeting on August 1, 2022 that provides its recommendations on the proposed Title 14 - Zoning Ordinance amendment to the City Council.
WHEREAS, on August 1, 2022, the Planning Commission unanimously recommended that the City Council adopt this ordinance (Ordinance 758) to implement the Accessory Dwelling Unit and Junior Accessory Dwelling Unit Program based on its determination of the program's consistency with the City's Local Coastal Program, General Plan, and Municipal Code Chapter 14 - Zone Code.
WHEREAS, on August 1, 2022, the Planning Commission unanimously recommended that the City Council determine that Ordinance No. 758 is statutorily exempt from review under CEQA pursuant to Public Resources Code Section 21080.17, which states that CEQA does not apply to adoption of an Accessory Dwelling Unit ordinance to implement the provisions of State Government Code Section 65852.2 WHEREAS, on August 1, 2022, the Planning Commission unanimously recommended that the City Council determine that Ordinance No. 758 is categorically exempt from review under CEQA in accordance with CEQA Guidelines Section 15303, which exempts new construction or conversion of small structures, implemented under the provisions of State Government Code Section 65852.22.
WHEREAS, the City Council has held a duly noticed public hearing on (TBD "adoption date"), as required by GC Section 65854, on the proposed Title 14 - Zoning Code amendment at which hearing the proposed amendment was explained and comments invited from people in attendance.
ORDINANCE N0.758 4
WHEREAS, the City adoption of the proposed Title 14 - Zoning Code amendment reflects the Council's commitment to promote development of ADUs and JADUs in accordance with state housing laws, to increase the City's affordable and market rate housing supplies and contribute to the City's Regional Housing Needs Allocation, and to protect coastal resources in accordance with the Coastal Act and the City's Coastal Land Use Plan.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARPINTERIA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. INCORPORATION OF RECITALS
The City Council hereby finds and determines that the foregoing recitals, which are incorporated herein by reference, are true and correct.
SECTION 2. ADOPTION OF ADU - BEACH NEIGHBORHOOD OVERLAY DISTRICT MAP
Pursuant to Section 14.04.070 of the Carpinteria Municipal Code, Exhibit 1, attached to and made a part of this ordinance by this reference, delineates the boundaries of the ADU Beach Neighborhood Overlay District.
SECTION 3. RESCINDING CHAPTER 14.72
Chapter 14.72 of the Carpinteria Municipal Code is rescinded in its entirety.
SECTION 4. AMENDMENT OF TITLE 14 OF CARPINTERIA MUNICIPAL CODE Chapter amendments to the Carpinteria Municipal Code made by this ordinance are delineated below as underlined text with the exception of Chapter 14.72, which includes text that replaces the current text in its entirety.
Chapter 14.04, of Title 14 of the Carpinteria Municipal Code is hereby amended (in part) to read as follows:
14.04.060 - Overlay Districts.
1. In addition to the regulations governing the foregoing districts, the following overlay districts and the symbols used to represent them on the official zoning maps are established as follows:
----A-DU -Bea_c_h ·Neig-hborhoo_d - -_--l-r __ A=D=U=-B=e=a=c=h~-- Coastal Ap eals Area ---------i- CA
Ellinwood Parcel I Ellinwood
Environment~y Sensitive fj_abitat_ I ESH
Flood Hazard Area --- ·-
1 -- FH
Residential
~--- -- ----- ------
_ __ i R __
ORDINANCE N0.758 5
I ---
Specific Plan - 7-- s
I Transportation Corridor Wetland TCW
I
( Vacation Rental VR
I Visitor-Serving/ Highway Commercial V
I Whitney Site I Whitney
2. The regulations of the overlay district shall apply to the land in the same manner as specific district regulations. Overlay regulations shall apply wherever the symbol and the boundaries of the area are shown on the official zoning maps. When a symbol for an overlay district is added to a district symbol, the provisions of the overlay district shall be effective in addition to the applicable district regulations. If any of the provisions of the overlay district conflict with provisions of the specific district regulations, the provisions which are most restrictive shall govern.
Section 14.08.010, of Chapter 14.08 (DEFINITIONS), of Title 14 of the Carpinteria Municipal Code is hereby amended, in part, to read as follows: ·
14.08.010 Accessory Building or Structure.
"Accessory building or structure" means a building containing no kitchen, with the exception of an Accessory Dwelling Unit as defined in Section 14.72, and located upon the same building site as the building or use to which it is accessory the use of which is customarily incidental, appropriate and subordinate to the use of the main building, or to the main use of the land.
Chapter 14.12 (R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT), of Title 14 of the Carpinteria Municipal Code is hereby amended, in part, to include Section 14.12.015 to read as follows:
14.12.15 - Processing Accessory Dwelling Units and Junior Accessory Dwelling Units.
The following processes shall govern development of such units in the R-1 district. in accordance with Section 14.72 (ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS):
1. Accessory Dwelling Units, outside the coastal zone appeals jurisdiction, shall be subject to approval of an administrative coastal development permit.
2. Accessory Dwelling Units, within the coastal zone appeals iurisdiction, shall be subject to approval of an administrative coastal development permit. appealable to the California Coastal Commission as provided in Chapter 14.78 (APPEALS).
3. Junior Accessory Dwelling Units shall be subject to issuance of a building permit.
Chapter 14.14 (PRO PLANNED RESIDENTIAL DEVELOPMENT DISTRICT), of ORDINANCE NO. 758 6
Title 14 of the Carpinteria Municipal Code is hereby amended, in part, to include Section
14.14.015 to read as follows:
14.14.015 - Processing Accessory Dwelling Units and Junior Accessory Dwelling Units.
The following processes shall govern development of such units in the PRO district, in accordance with Section 14.72 (ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS):
1. Permits for Accessory Dwelling Units and Junior Accessory Dwelling Units located in the ADU Beach Neighborhood Overlay District, shall be subject to discretionary review in accordance with Section 14. 72.110 of this Chapter.
2. Accessory Dwelling Units and Junior Accessory Dwelling Units shall be permitted in the PRO district.
3. Junior Accessory Dwelling Units shall be subject to issuance of a building permit.
4. Accessory Dwelling Units outside the coastal zone appeals jurisdiction, shall be subject to approval of an administrative coastal development permit.
5. Accessory Dwelling Units, within the coastal zone appeals jurisdiction, shall be subject to approval of an administrative coastal development permit, appealable to the California Coastal Commission as provided in Chapter
14.78 (APPEALS).
Chapter 14.16 (PUD PLANNED UNIT DEVELOPMENT DISTRICT), of Title 14 of the Carpinteria Municipal Code is hereby amended, in part, to include Section 14.16.025 to read as follows:
14.16.025 - Processing Accessory Dwelling Units and Junior Accessory Dwelling Units.
The following processes shall govern development of such units in the PUD district, in accordance with Section 14.72 (ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS):
1. Accessory Dwelling Units, outside the coastal zone appeals jurisdiction, shall be subject to approval of an administrative coastal development permit.
2. Accessory Dwelling Units, within the coastal zone appeals jurisdiction, shall be subject to approval of an administrative coastal development permit, appealable to the California Coastal Commission as provided in Chapter
14.78 (APPEALS).
3. Junior Accessory Dwelling Units shall be subject to issuance of a building permit.
ORDINANCE N0.758 7
Chapter 14.17 (MHS/PUD MOBILE/MODULAR HOME SUBDIVISION/ PLANNED UNIT DEVELOPMENT DISTRICT), of Title 14 of the Carpinteria Municipal Code is hereby amended, in part, to include Section 14.17.045 to read as follows:
14.17.045 - Processing Accessory Dwelling Units and Junior Accessory Dwelling Units.
The following processes shall govern development of such units in the MHS/PUD district, in accordance with Section 14.72 (ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS):
1. Accessory Dwelling Units, outside the coastal zone appeals jurisdiction, shall be subject to approval of an administrative coastal development permit.
2. Accessory Dwelling Units, within the coastal zone appeals jurisdiction. shall be subject to approval of an administrative coastal development permit, appealable to the California Coastal Commission as provided in Chapter
14.78 (APPEALS).
3. Junior Accessory Dwelling Units shall be subject to issuance of a building permit.
Chapter 14.18 (MHP PLANNED UNIT DEVELOPMENT DISTRICT), of Title 14 of the Carpinteria Municipal Code is hereby amended, in part, to include Section 14.18.015 to read as follows:
14.18.015 - Processing Accessory Dwelling Units and Junior Accessory Dwelling Units.
The following processes shall govern development of such units in the MHP district, in accordance with Section 14.72 (ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS):
1. Permits for Accessory Dwelling Units and Junior Accessory Dwelling Units located in the ADU Beach Neighborhood Overlay District, shall be subject to discretionary review in accordance with Section 14.72.110 of this Chapter.
2. Accessory Dwelling Units. outside the coastal zone appeals jurisdiction. shall be subject to approval of an administrative coastal development permit.
3. Accessory Dwelling Units, within the coastal zone appeals jurisdiction, shall be subject to approval of an administrative coastal development permit, appealable to the California Coastal Commission as provided in Chapter
14.78 (APPEALS).
4. Junior Accessory Dwelling Units shall be subject to issuance of a building permit.
Chapter 14.20 (CPD COMMERCIAL PLANNED DEVELOPMENT DISTRICT), of Title 14 of the Carpinteria Municipal Code is hereby amended, in part, to include Section ORDINANCE N0.758 8
14.20.015 to read as follows:
14.20.015 - Processing Accessory Dwelling Units and Junior Accessory Dwelling Units.
The following processes shall govern development of such units in the CPD district, in accordance with Section 14.72 (ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS):
1. Permits for Accessory Dwelling Units and Junior Accessory Dwelling Units located in the ADU Beach Neighborhood Overlay District, shall be subject to discretionary review in accordance with Section 14.72.110 of this Chapter.
2. Accessory Dwelling Units, outside the coastal zone appeals jurisdiction, shall be subject to approval of an administrative coastal development permit.
3. Accessory Dwelling Units, within the coastal zone appeals jurisdiction, shall be subject to approval of an administrative coastal development permit, appealable to the California Coastal Commission as provided in Chapter
14.78 (APPEALS).
4. Junior Accessory Dwelling Units shall be subject to issuance of a building permit.
Chapter 14.22 (CB CENTRAL BUSINESS DISTRICT), of Title 14 of the Carpinteria Municipal Code is hereby amended, in part, to include Section 14.22.015 to read as follows:
14.22.015 - Processing Accessory Dwelling Units and Junior Accessory Dwelling Units.
The following processes shall govern development of such units in the CB district, in accordance with Section 14.72 (ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS):
1. Accessory Dwelling Units, outside the coastal zone appeals jurisdiction, shall be subject to approval of an administrative coastal development permit.
2. Accessory Dwelling Units, within the coastal zone appeals jurisdiction, shall be subject to approval of an administrative coastal development permit, appealable to the California Coastal Commission as provided in Chapter
14. 78 (APPEALS).
3. Junior Accessory Dwelling Units shall be subject to issuance of a building permit.
Chapter 14.26 (M-RP INDUSTRIAL RESEARCH PARK DISTRICT), of Title 14 of the Carpinteria Municipal Code is hereby amended, in part, to include Section 14.26.015 to read as follows:
ORDINANCE N0.758 9
14.26.015 - Processing Accessory Dwelling Units and Junior Accessory Dwelling Units.
The following processes shall govern development of such units in the M-RP district, in accordance with Section 14.72 (ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS):
1. Accessory Dwelling Units, outside the coastal zone appeals jurisdiction, shall be subject to approval of an administrative coastal development permit.
2. Accessory Dwelling Units. within the coastal zone appeals jurisdiction, shall be subject to approval of an administrative coastal development permit. appealable to the California Coastal Commission as provided in Chapter
14.78 (APPEALS).
3. Junior Accessory Dwelling Units shall be subject to issuance of a building permit.
Chapter 14.28 (M GENERAL INDUSTRY DISTRICT), of Title 14 of the Carpinteria Municipal Code is hereby amended, in part, to include Section 14.28.015 to read as follows;
14.28.015 - Processing Accessory Dwelling Units and Junior Accessory Dwelling Units.
The following processes shall govern development of such units in the M district. in accordance with Section 14.72 (ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS):
1. Accessory Dwelling Units, outside the coastal zone appeals jurisdiction, shall be subject to approval of an administrative coastal development permit.
2. Accessory Dwelling Units. within the coastal zone appeals jurisdiction. shall be subject to approval of an administrative coastal development permit. appealable to the California Coastal Commission as provided in Chapter 14. 78 (APPEALS).
3. Junior Accessory Dwelling Units shall be subject to issuance of a building permit.
Chapter 14.32 (A AGRICULTURE DISTRICT), of Title 14 of the Carpinteria Municipal Code is hereby amended, in part, to include Section 14.32.025 to read as follows:
Chapter 14.32 - A AGRICULTURE DISTRICT
14.32.025 - Processing Accessory Dwelling Units and Junior Accessory Dwelling Units.
The following processes shall govern development of such units in the A district. in accordance with Section 14.72 (ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS):
ORDINANCE N0.758 10
1. Accessory Dwelling Units, outside the coastal zone appeals jurisdiction, shall be subject to approval of an administrative coastal development permit.
2. Accessory Dwelling Units, within the coastal zone appeals jurisdiction, shall be subject to approval of an administrative coastal development permit, appealable to the California Coastal Commission as provided in Chapter
14.78 {APPEALS).
3. Junior Accessory Dwelling Units shall be subject to issuance of a building permit.
Chapter 14.72 of Title 14 of the Carpinteria Municipal Code is hereby rescinded and replaced in its entirety to read as follows:
Chapter 14.72 - ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS.
14.72.010 Purpose and Intent.
The purpose of this chapter is to provide for processing requests for Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) within zone districts that permit residential uses, as defined in this Chapter and Chapters governing zone districts of Title 14. The need for these provisions is based on the following findings:
1. The adopted policy of the city is to encourage a range of housing types, designs, and costs to suit the varying needs and desires of the community in terms of income, family size, and physical ability within existing neighborhoods.
2. Opportunities for affordable housing for persons of low and moderate income are becoming increasingly scarce.
3. The shortage of low-and moderate-income housing opportunities is exacerbated by the lack of available rental units at a time when few rental units are being constructed. Thus, the existing rental stock needs to be preserved and new rental opportunities provided.
4. Accessory Dwelling Units have been a part of the city's housing stock and provide a valuable source of rental housing for persons of low and moderate income, particularly the elderly, students, and single-parent family households.
5. The establishment of clear objective development standards, consistent with applicable state law, including but not limited to Government Code Section 65852.2 or 65852.22 and the California Coastal Act, is required to reduce the time necessary to secure permits for Accessory Dwelling Unit and Junior Accessory Dwelling Unit construction and to ensure that there will be no adverse effect on the public health, safety and welfare.
6. Expand opportunities to create additional housing to suit the spectrum of individual lifestyles and space needs, allow more efficient use of existing ORDINANCE N0.758 11
housing stock and public infrastructure, and provide a range of housing opportunities.
7. Allow Accessory Dwelling Units and/or Junior Accessory Dwelling Units as an accessory use to a Primary Residential Unit, consistent with California Government Code Section 65852.2 or 65852.22 and the California Coastal Act, as applicable.
8. Promote Accessory Dwelling Units and/or Junior Accessory Dwelling Units that are compatible with the surrounding neighborhood, cultural and historic resources, and historic districts; preserve the City's coastal resources including but not limited to environmentally sensitive habitats, public coastal access, and visual resources; promote long-term sustainability; contribute to a desirable living environment; and avoid risks to public safety associated with loss of life, property, and social dislocations resulting from identified coastal hazards, including flooding.
14.72.020 Definitions.
Chapter 14.08 (DEFINITIONS) apply to Chapter 14.72, unless they conflict with the definitions below. Where a conflict may occur, the definitions below shall apply and have the following meaning:
A Accessory Dwelling Unit. An attached or a detached residential unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing Primary Residential Unit. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation and be located on the same parcel that the Primary Residential Unit is or will be situated. The following categories of Accessory Dwelling Units are subject to specific development standards:
Accessory Dwelling Unit. Accessory Dwelling Units connected with an existing or proposed Primary Residential Unit, with size, height, and setback standards as described in Section 14.72.055, (DEVELOPMENT STANDARDS FOR ACCESSORY DWELLING UNITS). Up to one
Accessory Dwelling Unit and one Junior Accessory Dwelling Unit may be allowed on property where residential uses are permitted and has been developed, or will be developed concurrently with the Accessory Dwelling Unit(s), subject to the provisions of this Chapter (14.72).
Special Accessory Dwelling Unit. Specific types of Accessory Dwelling Units, meeting specific criteria identified in Government Code section 65852.2(e) that may be combined with a Junior Accessory Dwelling Unit with certain size, height, and setback standards described in Section
14.72.090. (DEVELOPMENT STANDARDS FOR SPECIAL ACCESSORY DWELLING UNITS). Further, Special Accessory Dwelling Units allow for more than one Accessory Dwelling Unit on a property zoned for multiple family use. Such units are not subject to local zoning and development standards, but must meet building code and health and safety requirements.
ORDINANCE N0.758 12
An Accessory Dwelling Unit also includes the following:
1) An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code.
2) A manufactured home, as defined in Section 18007 of the Health and Safety Code.
B. Carshare Vehicle. A motor vehicle that is operated as part of a regional fleet by a public or private car sharing company or organization which provides hourly or daily car sharing service to its members.
C. Efficiency Kitchen. A kitchen that includes at a minimum:
1) Appliances for cooking food and refrigeration, either built-in or countertop. 2) A sink for food preparation greater than 12 inches by 12 inches, excluding the sink located in the bathroom.
3) A food preparation counter.
D. Existing Floor Area. A legally permitted building constructed on the site with a final inspection or certificate of occupancy as of the date of application submittal, that conforms to current zoning standards or is legal nonconforming as to current zoning standards, in accordance with Section
14.08.270 (FLOOR AREA, GROSS) and Section 14.08.275 (FLOOR AREA, NET).
E Junior Accessory Dwelling Unit. A unit that is no more than 500 square feet in size and contained entirely within an existing or proposed single residential unit. A Junior Accessory Dwelling Unit may include separate sanitation facilities or may share sanitation facilities with the existing or proposed single residential unit and includes an efficiency kitchen.
F. Passageway. A pathway that is unobstructed clear to the sky and extends from a street to one entrance of the Accessory Dwelling Unit.
G. Primary Residential Unit. The existing or proposed residential unit on a lot on which an Accessory Dwelling Unit or Junior Accessory Dwelling Unit is permitted. The Primary Residential Unit shall comprise one unit in either a dwelling, one family; dwelling, two family; dwelling, multiple; or mixed-use development (as those terms are defined in Section 14.08 (DEFINITIONS) of this Title).
H. Principal Place of Residence. The residence where a property owner actually lives for the greater part of time, or the place where the property owner remains when not called elsewhere for some special or temporary purpose and to which the property owner returns frequently and periodically, as from work or vacation.
If multiple persons own the property as tenants in common or some other form of common ownership, a person or persons representing at least 50 percent of the ownership interest in the property shall reside on the property a majority ORDINANCE N0.758 13
of their time as their principal place of residence. Any person or persons who qualify for the homeowner's tax exemption under the California State Board of Equalization rules, may qualify as an owner occupant.
The burden shall be on the property owner to show that the primary residential unit, accessory dwelling unit, or junior accessory dwelling unit is the property owner's principal place of residence as evidenced by qualifying for the homeowner's tax exemption, voter registration, vehicle registration, or similar methods that demonstrate owner-occupancy as their principal place of residence.
14.72.030 Where Permitted.
A Accessory Dwelling Unit. An Accessory Dwelling Unit that conforms to the development standards of this section shall be permitted in any zone that allows residential use, located on a lot developed or proposed to be developed with one or more residential units, except as prohibited or restricted in subsection C below. An Accessory Dwelling Unit that does not conform to the development standards of this section, may nonetheless be approved in accordance with the requirements of Section 14.72.060.H.2.
B. Junior Accessory Dwelling Unit. A Junior Accessory Dwelling Unit may be permitted in any zone that allows residential use, and shall be located on a lot developed with an existing or proposed single residential unit, except as prohibited or restricted in subsection C below.
C. Prohibited or Restricted Locations.
1) Based on the Final Sea Level Rise Vulnerability Assessment and Adaption Plan identification of flooding hazards in the Beach Neighborhood Overlay District and City Local Coastal Plan Objective S-4, proposed Accessory Dwelling Units in the Beach Neighborhood Overlay District, as defined in the ADU Beach Overlay District Zoning Map, shall be subject to discretionary review, as determined necessary by the Community Development Director, or a Director-appointed designee, to address and mitigate identified coastal hazards, including flooding, and coastal resource policy issues that address coastal access, in order to avoid risks to public safety associated with loss of life, property, and social dislocations 2) Accessory Dwelling Units shall be permitted in locations that are consistent with coastal resource protection policies of the City's Coastal Land Use Plan, including but not limited to environmentally sensitive habitats; coastal access; and visual, recreational, and cultural resources. 3) No Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall be permitted in a formally designated area where water or sewer service is found to be inadequate by the Carpinteria Sanitary District or Carpinteria Valley Water District, as appropriate, or in a formally designated area where traffic flow and public safety would be adverse impacted, as determined by the Carpinteria-Summerland Fire Protection District.
ORDINANCE N0.758 14
4) Unless prohibited or restricted by C.1 - C.4 of this subsection, applications for an Accessory Dwelling Unit and/or Junior Accessory Dwelling Unit in the California Coastal Commission's Appeals Jurisdiction shall be permitted in accordance with Section 14.72.110.
14.72.035 Unit Configuration.
A One Accessory Dwelling Unit and/or one Junior Accessory Dwelling Unit shall be permitted on a lot in addition to the Primary Residential Unit, pursuant to this Chapter. However, multiple Accessory Dwelling Units may be permitted in accordance with all the configuration requirements, development standards, and special procedures outlined in Section 14.72.090, Development Standards for Special Accessory Dwelling Units.
B. An Accessory Dwelling Unit may be permitted in the following configurations:
1) Incorporated entirely within an existing or proposed Primary Residential Unit.
2) Incorporated entirely within an existing accessory building, including garages, located on the same lot as the Primary Residential Unit. 3) Through conversion of a garage, carport or covered parking structure. 4) Attached to or increasing the size of an existing Primary Residential Unit or attached accessory building located on the same lot as the Primary Residential Unit.
5) Detached from and located on the same lot as the existing or proposed Primary Residential Unit. An Accessory Dwelling Unit that is attached to another detached accessory building, but not the Primary Residential Unit, or is attached by a breezeway or porch, is considered detached.
C. Except as provided in Health and Safety Code Section 17981.12, Accessory Dwelling Units shall not be permitted within an existing nonconforming structure if the structure is nonconforming as to the coastal resource protection policies of the LCP.
14.72.040 Sale, Rental, and Occupancy Terms.
All Accessory Dwelling Units and Junior Accessory Dwelling Units shall be subject to the following sale, rental, and occupancy terms:
A Not to be Sold Separately. An Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall not be sold separately from the Primary Residential Unit, subject to the provisions of Government Code Section 65852.26 and/or other provisions of state law that govern Accessory Dwelling Unit and/or Junior Accessory Dwelling Unit sales.
B. Deed Restriction. Prior to issuance of a permit for an Accessory Dwelling Unit or Junior Accessory Dwelling Unit, the owner shall record a deed restriction with the County Recorder and file the recorded deed restriction with the City, acknowledging the applicable use limitations consistent with ORDINANCE NO.758 15
this Section 14.72.040 or other applicable limitations in the Title 14 of the Carpinteria Municipal Code and City administrative policies applying to the applicable base zone district that shall run with the land.
C. Rental Terms. The Accessory Dwelling Unit or Junior Accessory Dwelling Unit may be rented as a residential unit. The Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall not be rented as a Short-Term Rental, as defined in Section 14.08.562 or for less than thirty one (31) consecutive days, whichever is more restrictive. Rental terms shall not allow termination of the tenancy prior to the expiration of at least one thirty (30) day period occupancy by the same tenant.
D. Owner Occupancy. The following types of projects are subject to an owner occupancy requirement:
1) The property owner's principal place of residence requirement, upon the property where an Accessory Dwelling Unit is permitted, shall not apply to Accessory Dwelling Units approved between adoption of this Chapter 14.72 and January 1, 2025. The property owner's principal place of residency requirement shall apply to, an Accessory Dwelling Unit permit issued after January 1, 2025, unless otherwise prohibited under state law, or upon repeal of Government Code Section 65852.2(a)(6)(B) removing the stateimposed prohibition of an owner occupancy requirement, whichever occurs first.
2) Where a Junior Accessory Dwelling Unit is located on a property, the burden shall be on the property owner to show that the Primary Residential Unit, or Junior Accessory Dwelling Unit is the property owner's principal place of residence as evidenced by qualifying for the homeowner's tax exemption, voter registration, vehicle registration, or similar methods that demonstrate owner-occupancy. A property owner shall have only one principal place of residence for the purposes of this Chapter 14.72. Notwithstanding, owner occupancy shall not be required if the property owner is another governmental agency, land trust, or housing organization.
E Hardship Waiver. If owner occupancy is required in accordance with subsection D, Owner Occupancy, the property owner may apply for a temporary waiver in the event of a hardship. For the purposes of this section, an event of a hardship includes but is not limited to the death or disability of the property owner, job transfer, or similar significant personal situation which prevents the property owner from occupying the owner's unit. A property owner or estate representative may apply for a temporary waiver of the owneroccupation requirement for a specific time period to allow the owner's unit to be occupied by a non-property owner until the cessation of the circumstances preventing the property owner from occupying the owner's unit on the property. The Community Development Director shall review applications for an event of hardship waiver. Any such temporary waiver shall specify the period of time for which it is granted, provided that no such waiver may be granted for a period longer than three (3) years.
ORDINANCE N0.758 16
F. Removal of Owner Occupancy Requirement. With the exception of owner occupancy covenants, restrictions or conditions required to permit a Junior Accessory Dwelling Unit, the Community Development Director will, in a form acceptable to the City Attorney, release an owner occupancy requirement recorded against the property prior to adoption of this ordinance upon the request of the property owner. No other covenants, restrictions or conditions required pursuant to this Title 14, and contained in the agreement recorded against the property shall be released, unless the Community Development Director determines that the covenant, restriction or condition conflicts with California Civil Code section 714.3.
14.72.050 Required Features.
Each Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall contain, at a minimum, the following features:
A Residential Elements. Permanent provisions for separate residential occupancy must be provided as follows within the contiguous livable floor space of the Accessory Dwelling Unit or Junior Accessory Dwelling Unit and must be independent from the Primary Residential Unit, unless otherwise noted:
1. Provisions for cooking, including storage, countertop, sink, and electric outlets as required per Carpinteria Municipal Code, Title 15 - Buildings and Construction. A Junior Accessory Dwelling Unit may contain an efficiency kitchen.
2. A bathroom consisting of a toilet, sink, and bathtub or shower. A Junior Accessory Dwelling Unit may share sanitation facilities with the existing or proposed Primary Residential Unit.
3. A separate sleeping room, except in studio residential units, where a living room is considered a sleeping room.
B. Minimum Floor Area. The minimum floor area for a new Accessory Dwelling Unit is as follows:
1. Efficiency Unit: 150 square feet.
2. Studio Unit: 220 square feet.
Such usable floor area shall be exclusive of open porches, garages, basements, cellars and unfinished attics. The minimum floor area for Accessory Dwelling Units that are created by converting existing structures is 150 square feet.
C. Exterior Access. Exterior access to the unit, that is independent from the Primary Residential Unit must be provided. An Accessory Dwelling Unit or Junior Accessory Dwelling.Unit may provide an interior connection consisting of one fire-rated lockable door between the Primary Residential Unit, but one is not required.
ORDINANCE N0.758 17
D. Fire Sprinklers. Fire sprinklers are required only if they are required for the Primary Residential Unit.
E Permanent Foundation. Attached and detached units shall be constructed with a City-approved permanent foundation in accordance with Chapter 15 - Buildings and Construction, of the Carpinteria Municipal Code.
F. Property Addresses. Addresses identifying all residential units on the lot, with minimum three- and one-half-inch numbers plainly visible from the street or road fronting the property shall be provided.
G. Utility Fees. An Accessory Dwelling Unit shall not be considered by a local agency, special district, or water corporation to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the Accessory Dwelling Unit was constructed with a new single-family dwelling.
H. Public Sewer Service. Accessory Dwelling Units and Junior Accessory Dwelling Units shall comply with the sewer service requirements of the Carpinteria Sanitary District, including but not limited to advanced procurement of a Sewer Construction Permit for exterior plumbing modifications or sewer lateral installation.
I. Public Water Service. Accessory Dwelling Units shall comply with the water service requirements of the Carpinteria Valley Water District, consistent with state law, including but not limited to Government Code Section 65852 .2(f)(2)(A).
J. Direct Utility Connection. No direct new or separate utility connection, or related fees, shall be required between a public sewer or water service district and an Accessory Dwelling Unit or Junior Accessory Dwelling Unit that is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure (including an expansion of not more than 150 square feet beyond the same physical dimensions as the existing structure.
K Passageway. No passageway is required in conjunction with the construction of an Accessory Dwelling Unit or Junior Accessory Dwelling Unit.
L Enforcement of Building Standards. In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code, a local agency, upon request of an owner of an accessory dwelling unit for a delay in enforcement, shall delay enforcement of a building standard, subject to compliance with Section 17980.12 of the Health and Safety Code providing the Accessory Dwelling Unit was built prior to January 1, 2020.
ORDINANCE NO. 758 18
14.72.055 Development Standards for Accessory Dwelling Units and Junior Accessory Dwelling Units.
A Development Standards Generally. The development standards listed in this section apply to Accessory Dwelling Units and Junior Accessory Dwelling Units, except for Special Accessory Dwelling Units permitted in accordance with all the configuration requirements, development standards, and special procedures outlined in Section 14.72.090, Standards for Special Accessory Dwelling Units.
1. The reductions and exceptions to the development standards normally applicable to residential development allowed in this section are for the express purpose of promoting the development and maintenance of an Accessory Dwelling Unit and/or Junior Accessory Dwelling Unit on the lot.
If for any reason the Accessory Dwelling Unit is not maintained on the lot in conformance with this section, the lot shall be brought into compliance with all of the requirements for the residential development, or with the legal nonconforming condition of the lot prior to the development of the Accessory Dwelling Unit, including, but not limited to, the requirements for open yard, setbacks, and covered parking.
2. Except as otherwise specified in this section, projects developed in accordance with this Chapter shall otherwise comply with objective development standards applicable to an attached or detached accessory building or structure for the housing type and base zone in which the lot is located.
3. One Primary Residential Unit shall be designated on a lot on which an Accessory Dwelling Unit and/or Junior Accessory Dwelling Unit is permitted.
4. Notwithstanding Section B below or other local development standards for the base zone district that are not expressly prohibited by state law or reduced due to provisions in Section 14.72.030, any other minimum or maximum size for an Accessory Dwelling Unit based upon a percentage of the proposed floor area or existing floor area, or limits on building coverage, floor area ratio, open space, or minimum lot size, for either attached or detached dwellings shall permit at a minimum: an 800 square foot Accessory Dwelling Unit that is up to 16 feet in height, with four-foot side and rear yard setbacks, constructed in compliance with all other local development standards.
B. Maximum Floor Area. The maximum floor area(s) for a standard Accessory Dwelling Unit and Junior Accessory Dwelling Unit are as follows:
1. Attached Accessory Dwelling Unit. An Accessory Dwelling Unit that is attached to, and increasing the size of, the Primary Residential Unit shall not exceed 50 percent of the existing floor area of the existing Primary Residential Unit, and shall not exceed a maximum floor area of 800 square feet.
ORDINANCE N0.758 19
2. Converted Accessory Dwelling Unit. An Accessory Dwelling Unit that is incorporated entirely within an existing Primary Residential Unit, or within an existing accessory building, is not limited in size.
3. Detached Accessory Dwelling Unit. An Accessory Dwelling Unit that is detached from the Primary Residential Unit and may or may not be attached to another detached accessory building, including detached garages, shall not exceed the following maximum floor area based on lot size and number of bedrooms:
a. Lots up to 14,999 square feet:
i. One-bedroom or studio units: 850 square feet.
ii. Two or more-bedroom units: 1,000 square feet.
4. Junior Accessory Dwelling Unit. The maximum floor area of a Junior Accessory Dwelling Unit shall not exceed 500 square feet.
C. Relationship to Other Floor Area Limitations. The floor area of an Accessory Dwelling Unit or Junior Accessory Dwelling Unit is included in any other floor area limitation in this Title that is applicable to an attached or detached accessory building for the housing type and in the base zone in which the lot is located.
1. Exception. The floor area of a detached Accessory Dwelling Unit shall be excluded from the aggregate maximum lot coverage allowed for other detached accessory buildings, such as work or storage sheds.
D. Building Separation. The minimum separation between the Primary Residential Unit and a detached Accessory Dwelling Unit shall be five feet.
E Front, Side, and Rear Setbacks. The following setbacks shall apply to new and converted standard Accessory Dwelling Units approved pursuant to this section:
1. New Construction. Newly constructed Accessory Dwelling Units shall comply with the following setback standards:
a. Front Setback: Meet the minimum front setback for residential structures of the base zone district.
b. Side and Rear Setback: Four feet in all zones except 4-R-1, which must maintain a minimum three feet of distance in the side yards.
2. Converted. No setback is required to convert the existing floor area of a principal or accessory building to an Accessory Dwelling Unit.
3. Demolished or Substantially Redeveloped. No setback is required when an existing principal or accessory building is demolished or substantially redeveloped and converted to an Accessory Dwelling Unit, provided that the new building is reconstructed in the same location and with the same dimensions and floor area as the existing building.
a. Exception for Small Conforming Additions. One small 150-square-foot conforming first floor addition may be permitted on a substantially ORDINANCE N0.758 20
redeveloped and converted accessory building that is nonconforming as to the front, side, or rear setbacks for accommodation of unit ingress and egress.
4. New Construction Combined with Replacement of a Nonconforming Accessory Structure. The construction of an Accessory Dwelling Unit may be combined with the demolition and replacement of a detached accessory structure that is nonconforming as to the front, side, or rear setbacks if all of the following requirements are met:
a. The new accessory structure is reconstructed in the same location and with the same dimensions as the existing accessory structure; or b. The Accessory Dwelling Unit and any additions to the accessory structure shall conform with setbacks of this section; and c. The new accessory structure shall comply with all applicable height and all other development standards of this section.
14.72.060 Design Review.
All Accessory Dwelling Units or Junior Accessory Dwelling Units shall be subject to the following architectural design criteria as applicable to either new construction or exterior alterations, which shall be reviewed ministerially by the Community Development Director or the Director's designee. Design standards in the base zone district shall apply where they do not conflict with this section or state law.
For purposes of this section, portions of a building or site considered to be the Accessory Dwelling Unit shall include all of the contiguous interior livable floor area of the Accessory Dwelling Unit and any exterior alterations directly attached to, and integral to, the livable floor area of the Accessory Dwelling Unit.
A Prohibition of Shiny Roofing and Siding. New roofing and siding materials that are shiny, mirror-like, or of a glossy metallic finish are prohibited.
B. Grading. No more than 30 cubic yards of grading on slopes of less than 15 percent.
C. Height. An Accessory Dwelling Unit shall not exceed the following, whichever is greater:
1. Height of the Primary Residential Unit;
2. Number of stories of the Primary Residential Unit; or
3. 16 feet.
This height limitation is not applicable to an Accessory Dwelling Unit constructed above a garage; however, in no event shall the resulting building exceed the maximum height or number of stories allowed for a detached or attached accessory building in the zone.
4. Unless constructed over a garage, the new unit located in the front yard shall be:
ORDINANCE N0.758 21
a. No more than one-story and 16 feet in height; and
b. Screened from the street by location or landscape, as viewed from the street.
D. Design. New detached or attached Accessory Dwelling Units shall utilize the design of the Primary Residential Unit regarding style, fenestration, materials, colors, and details if the Accessory Dwelling Unit meets any of the following:
1. Attached to, or if any portion of the Accessory Dwelling Unit is located within 20 feet of, the Primary Residential Unit;
2. Two stories tall, or 12 feet or taller in building height;
3. Located in the front yard or visible from a public street or public place.
4. Located on a site on which there is a historical resource as follows:
a. Listed on the National Register of Historic Places or the California Register of Historic Resources; or
b. Designated as a City of Carpinteria Landmark or Structure of Merit.
E Front Yard Location. The construction of a new detached Accessory Dwelling Unit located in the front yard shall be subject to all of the following:
The new Accessory Dwelling Unit must be located a minimum of 20 feet back from all front lot lines, or meet the minimum front setback for the zone in which the lot is located, whichever is greater, providing setbacks do not preclude construction of a Special Accessory Dwelling Unit.
F. Privacy Standards. The construction of an Accessory Dwelling Unit where any portion of the proposed construction is either: two or more stories tall or 16 feet or taller in building height, shall comply with the following:
1. Upper story unenclosed landings, decks, and balconies greater than 20 square feet, shall face the Primary Residential Unit or the public right-ofway.
2. Upper story unenclosed landings, decks and balconies, that do not overlook the adjoining property due to orientation or topography, may be located at the minimum interior setback line if an architectural screening element such as enclosing walls, trellises, awnings or perimeter planters with an eight-foot minimum height is incorporated into the unenclosed landing, deck or balcony.
3. Upper story windows that face or overlook the adjoining property, located within 15 feet of the interior lot lines, shall be installed with a minimum of 72 inches above finish floor.
G. Solar Access. Newly constructed detached Accessory Dwelling Units are subject to the Energy Code requirement to provide solar panels. The panels may be installed on the Accessory Dwelling Unit or the Primary Residential Unit. Accessory Dwelling Units that are constructed within existing space, or as an addition to existing homes, including detached additions where an ORDINANCE N0.758 22
existing detached building is converted from non-residential to residential space, are not subject to this requirement.
14. 72.070 Protection for Historic Resources.
No Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall be permitted if the proposal would cause a substantial adverse change in the significance of a historical resource that is listed or eligible for listing on the National Register of Historic Places, the California Register of Historical Resources, located in the downtown and Old Town District, or designated as a City of Carpinteria Landmark or Structure of Merit. The Community Development Director shall make this determination by requiring additional information that the Director determines is necessary, including but not limited to a Historic Resources Report, to ensure that the proposal is consistent with City cultural and historic resource policies and as appropriate, the Secretary of Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings.
14.72.080 Parking Standards
Consistent with the requirements of the City's Coastal Land Use Plan Policies, sufficient off-street parking must be provided for any new development and substantial redevelopment so as to avoid significant adverse impacts to public access to the shoreline and coastal recreation areas. Automobile parking, therefore, must be provided consistent with this Section for lots developed with Accessory Dwelling Units or Junior Accessory Dwelling Units, as follows:
A Beach Neighborhood Overlay District. All required parking in the Beach Neighborhood Overlay District shall be located based on:
1. The City's Local Coastal Plan Objective OSC-14 and Policy OSC-14a, the City's Final Sea Level Rise Vulnerability Assessment and Adaption Plan identification of increasing coastal flood hazards in the Beach Neighborhood Overlay District and given existing identified impeded traffic flow during flood events at neighborhood and Carpinteria State Beach parking lots.
2. The need to preserve coastal public access in this area, where specific vacation rental provisions are implemented under the LCP and high demand exists for coastal visitor-serving recreational opportunities, including coastal access parking.
Parking may be located and designed consistent with D.3 of this section.
B. Primary Residential Units. Automobile parking for the Primary Residential Unit shall be provided in compliance with Chapter 14.54, except as provided below.
1. Special Procedures for Conversion or Demolition of Existing Covered Parking to an Accessory Dwelling Unit. When an existing garage, carport, or other covered parking structure is converted to an Accessory Dwelling ORDINANCE N0.758 23
Unit or a Junior Accessory Dwelling Unit or demolished in conjunction with the construction of the unit, the required covered parking spaces that are displaced by the conversion or demolition shall not be required to be replaced.
2. Nonconforming Conditions. If the Accessory Dwelling Unit and/or Junior Accessory Dwelling Unit is developed in accordance with all the requirements of this Chapter, and is a Special Accessory Dwelling Unit eligible for approval, nonconforming parking shall not be required to conform to current parking standards for new floor area associated with the unit(s).
C. Junior Accessory Dwelling Units. No automobile parking is required for Junior Accessory Dwelling Units.
D. No Parking Required for Certain Dwelling Units. The following types of Accessory Dwelling Units are not required to provide parking if it meets all of the following criteria:
1. The Accessory Dwelling Unit is located outside of ADU Beach Neighborhood Overlay District based on the Final Sea Level Rise Vulnerability Assessment and Adaption Plan science-based identification of coastal hazards in the Beach Neighborhood Overlay District, that presently occur along the seaward side of Sandyland Road, and with increasing hazards that are projected to occur in the district due to estimated sea level rise of one to five feet, between the present and through 2100
2. The Accessory Dwelling Unit meets at least one of the following measures that will sufficiently reduce the demand for off-street parking:
a. The Accessory Dwelling Unit is located within a walking distance of one-half mile of an operational public transit stop, which shall include various means of transportation that charge set fees, run on fixed routes, and are available to the public; or
b. The Accessory Dwelling Unit is located within the Downtown Old Town District; or
c. The Accessory Dwelling Unit is contained entirely within the permitted floor area of the existing Primary Residential Unit or an existing accessory building; or
d. When on-street parking permits are required but not offered to the occupants of the Accessory Dwelling Unit; or
e. When there is a carshare vehicle located within 500 feet of the Accessory Dwelling Unit.
3. All other Accessory Dwelling Units shall provide parking as below:
a. A minimum of one uncovered automobile parking space per unit or bedroom, whichever is less. Guest parking shall not be required for Accessory Dwelling Units in any circumstance.
ORDINANCE N0.758 24
b. The space may be provided as tandem parking on a driveway. c. Uncovered parking spaces may be located four feet from any interior lot line, provided a minimum of three feet in width of planting area is provided for the length of the paved parking area along the interior lot line.
14.72.090 Development Standards for Special Accessory Dwelling Units.
Special Accessory Dwelling Units, as defined in Section 14.72.020(A), shall be allowed, consistent with state law, in accordance with either subsection A or B, below, and shall conform to the development standards of subsection C, below.
Design standards of the base zone district shall apply where they do not conflict with this section or state law.
A Configuration - Dwelling, Single Family Lots. A lot developed with only one existing or proposed single residential unit, may permit one of the following types of Special Accessory Dwelling Units:
1. Converted Portion of Main Building. Only one Accessory Dwelling Unit and/or Junior Accessory Dwelling Unit contained entirely within the fully enclosed existing floor area of the existing or proposed Primary Residential Unit; or
2. Converted Accessory Building. Only one Accessory Dwelling Unit contained entirely within the fully enclosed existing floor area of a garage or other accessory building on the same lot as the Primary Residential Unit, plus one 150-square-foot conforming first floor addition, if the addition is limited to accommodating ingress and egress; or
3. One Unit - New Construction. One newly constructed Accessory Dwelling Unit, detached from any other main or accessory building; or
4. Two Units - Combination. One Junior Accessory Dwelling Unit contained entirely within the existing, legally permitted, fully enclosed livable floor area of the existing or proposed Primary Residential Unit, plus one newly constructed, Accessory Dwelling Unit, detached from any other main or accessory building.
B. Configuration - Dwelling, Multiple Family Lots. A lot developed with two or more residential units may permit one of the following types of Special Accessory Dwelling Units:
1. Converted Non-Livable Space. At least one Accessory Dwelling Unit, and up to twenty five percent (25%) of the existing number of multifamily structures (structure containing multiple dwelling units) on a lot, may be converted into a Special Accessory Dwelling Unit on the lot, if contained entirely within portions of fully enclosed existing floor area of a residential structure that is not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages; or
ORDINANCE N0.758 25
2. Two Units - New Construction. No more than one newly constructed Accessory Dwelling Unit, detached from any other main or accessory building, shall be allowed for lots with four of fewer units. For lots with greater than four units, no more than two newly constructed Accessory Dwelling Units, detached from any other main or accessory building shall be allowed.
C. Development Standards Generally. The development standards listed in this section apply to specific types of Special Accessory Dwelling Units with certain size, height, and setback standards that, if followed, allow for a permit issued by the Director of the Community Development Department. Further, no lot coverage, floor area ratio, open space, or minimum lot size shall preclude the construction of a Special Accessory Dwelling Unit.
1. Maximum unit size. The maximum unit size of a Special Accessory Dwelling Unit shall be 800 square feet.
2. Height. The maximum height of a Special Accessory Dwelling Unit shall be 16 feet.
3. Setbacks. Rear yard and side yard setbacks shall be a minimum of 4 feet.
4. Parking. Except for Accessory Dwelling Units or Junior Accessory Dwelling Units located in Beach Neighborhood Overlay District, which is subject to Section 14.72.080 - PARKING STANDARDS, no replacement or additional parking shall be required.
5. Nonconformity. Correction of any existing or created nonconformity shall not be required, except that Special Accessory Dwelling Units shall not be allowed in buildings or structures that are nonconforming as to coastal resource protection policies or development standards of the LCP.
6. Rental term. No unit shall be rented for 30 days or less.
7. Fire sprinklers. Fire sprinklers are required in units where required for the primary residence.
8. Density. Units shall not be calculated as part of general plan/coastal land use plan density calculations.
9. Ownership occupancy. Special Accessory Dwelling Units and Junior Accessory Dwelling Units shall conform to owner occupancy terms as defined in Section 14.72.040(0).
D. Development Standards for Conversion of Existing or Proposed Primary Single-Family Residence or Accessory Structure into a Special Accessory Dwelling Unit.
Except for Accessory Dwelling Units located in Beach Neighborhood Overlay District, which is subject to Section 14.72.080 - PARKING STANDARDS, no size limitation, height, setback, lot coverage, design review, landscape, or other development standard shall be required. The proposed unit shall be required to obtain a building permit.
ORDINANCE N0.758 26
E Any reductions and exceptions in this section are for the express purpose of promoting the development and maintenance of a Special Accessory Dwelling Unit or Junior Accessory Dwelling Unit on the lot. If for any reason the Accessory Dwelling Unit or Junior Accessory Dwelling Unit is no longer maintained on the lot, the lot shall be brought into compliance with all of the requirements for the remaining residential development, or with the legal nonconforming condition of the lot prior to the development of the Accessory Dwelling Unit or Junior Accessory Dwelling Unit.
F. Applications utilizing the Special Accessory Dwelling Unit standards described in this section may not utilize the less restrictive configuration, size, and height standards allowed under another section to achieve a larger unit or more than one unit.
G. Except as otherwise specified in this section, Special Accessory Dwelling Units developed in accordance with this Chapter shall otherwise comply with the development standards applicable to the housing type and base zone district in which the lot is located and all applicable state and local building codes.
14.72.100 Processing Requirements.
All Accessory Dwelling Units and Junior Accessory Dwelling Units shall comply with applicable state and local building codes and shall require approval of either a Coastal Development Permit without public hearing and a building permit, or an Appealable Coastal Development Permit and a building permit for units located within the zones governed by the California Coastal Commission Appeals Jurisdiction.
A Residential Density. An Accessory Dwelling Unit or Junior Accessory Dwelling Unit is a residential use that is consistent with the existing Coastal Land Use Plan designation and zoning for lots within the allowable residential zones. Any Accessory Dwelling Unit or Junior Accessory Dwelling Unit permitted pursuant to this section does not exceed the allowable density for the lot upon which the Accessory Dwelling Unit or Junior Accessory Dwelling Unit is located.
B. Combined Permits. If a permit application for an Accessory Dwelling Unit or Junior Accessory Dwelling Unit is submitted at the same time as a permit application for a new single-unit dwelling, review of the permit for the Accessory Dwelling Unit or Junior Accessory Dwelling Unit application shall be delayed until the permit for the single-unit dwelling has been approved.
C. Permit Approval. Except for applications to create an Accessory Dwelling Unit or a Junior Accessory Dwelling Unit in the Beach Neighborhood Overlay District, where the City determines that discretionary review is required, the City shall act on the application to create an Accessory Dwelling Unit or a Junior Accessory Dwelling Unit within 60 days from the date a complete application is submitted, if an existing primary residence or multifamily dwelling exists on the lot and the proposed Accessory Dwelling Unit or Junior Accessory Dwelling Unit conforms to all applicable objective development ORDINANCE N0.758 27
standards of this Chapter. If an applicant requests a delay, the application shall be deemed approved unless the City provides the applicant with notice within the 60 day period that the application implicates Coastal Act/LCP policies such that it requires further review.
D. Building Permit Approval. The City shall ministerially approve or disapprove a complete building permit application for an Accessory Dwelling Unit or Junior Accessory Dwelling Unit in compliance with time periods established by State law, following any applicable coastal development permit approvals.
E Exemption for Public Improvements. No public improvements shall be required for the creation or conversion of an Accessory Dwelling Unit or Junior Accessory Dwelling Unit.
F. Impact Fees. Accessory Dwelling Units up to 750 square feet are exempt from impact fees. Accessory Dwelling Units that are 750 square feet or larger may be charged impact fees but only such fees that are proportional in size (by square foot) to those for the primary dwelling. In no event shall Junior Accessory Dwelling Units be charged impact fees.
G. School Impact Fees. School districts may levy impact fees for Accessory Dwelling Units greater than 500 square feet. Such fees should be based on City and school district coordination and evaluation, and findings of a district prepared nexus study to determine any appropriate fees necessary to ensure the adequacy of school facilities.
H Recorded Agreement. Before obtaining a building permit for an Accessory Dwelling Unit or Junior Accessory Dwelling Unit, the property owner shall execute an agreement, containing ct reference to the deed under which the property was acquired by the present owner which outlines the requirements regarding the sale, rental, and owner occupancy of lots developed with Accessory Dwelling Units and Junior Accessory Dwelling Units as specified in Section 14.72.040 of this Chapter and other applicable limitations in the Title 14 of the Carpinteria Municipal Code and City administrative policies applying to the applicable base zone district that shall run with the land.
I. Recorded Deed Restriction. As a condition of coastal permit approval for new development in the ADU Beach Neighborhood Overlay District, and as required by the City Zoning code and other applicable laws, ordinances, policies, practice and/or procedures, the City may require that an applicant record a deed restriction on the property to acknowledge and agree to certain conditions, including but not limited to: 1) that the development is located in a hazardous area, or an area that may become hazardous in the future; 2) to assume the risks of injury and damage from such hazards in connection with the permitted development; 3) to unconditionally waive any claim of damage or liability against the City of Carpinteria and Coastal Commission, if the property is appealed, its officers, agents, and employees with respect to approval of the project against any and all liability, claims, demands, damages, costs (including costs and fees incurred in defense of ORDINANCE N0.758 28
such claims), expenses, and amounts paid in settlement arising from any injury or damage due to such hazards; 5) that they have no rights under Coastal Act Section 30235 and related LCP policies to shoreline armoring in the future; 6) that sea level rise could render it difficult or impossible to provide services to the site (e.g., maintenance of roadways, utilities, sewage or water systems), thereby constraining allowed uses of the site or rendering it uninhabitable; 7) that the boundary between public land (tidelands) and private land may shift with rising seas, the structure may eventually be located on public trust lands, and the development approval does not permit encroachment onto public trust land; 8) any future encroachment must be removed unless the Coastal Commission determines that the encroachment is legally permissible pursuant to the Coastal Act and authorizes it to remain, and any future encroachment would also be subject to the State Lands Commission's (or other trustee agency's leasing approval; and 9) that the structure may be required to be removed or relocated and the site restored if it becomes unsafe or if removal is required.
14.72.110 Authority to Review.
A Coastal Commission Permit Jurisdiction. Notwithstanding other permit and appeal provisions of this chapter, development proposals which are located on lands identified as tidelands, submerged lands or public trust lands as identified on the Post-LCP Certification Permit and Appeal Jurisdiction Map, City of Carpinteria, adopted by the Coastal Commission, shall require a coastal development permit from the Coastal Commission pursuant to California Public Resources Code Section 30519(b). Upon submittal to the City of an application for a coastal development permit, the Community Development Director shall notify the applicant and the Coastal Commission of the determination that the project is within the retained permit jurisdiction of the Coastal Commission, and therefore, a State coastal development permit issued by the Coastal Commission is required for the development. In conjunction with the City's review and decision on the development in accordance with the requirements of this chapter and other City codes, the City shall also make a recommendation to the Coastal Commission regarding the development's conformance with the certified Local Coastal Program, including this chapter. The City's determination of development conformance with the objectives and requirements of the Local Coastal Program shall be advisory only and not a final action under this chapter. Development shall not proceed until the Coastal Commission grants a coastal permit for such a development.
B. Coastal Commission Appeals Jurisdiction. Where an appealable coastal development permit is required pursuant to Section 14.48 of this Title, the authority to review an application for a Coastal Development Permit is designated to the Community Development Director or the Director's designee. In the appealable area, decisions of the Director or the Director's designee may be appealed to the Coastal Commission in accordance with ORDINANCE N0.758 29
Section 14.48. Actions on applications to construct Accessory Dwelling Units within these areas shall be consistent with the provisions of the applicable zone and the policies and development standards of the City of Carpinteria's certified Local Coastal Program and Chapter 3 of the California Coastal Act.
C. Discretionary Review with Appeals (ESHA and Beach Neighborhood Overlay District.) Applications to create an Accessory Dwelling Unit or a Junior Accessory Dwelling Unit in Beach Neighborhood Overlay District, where the Community Development Director or the Director's designee determines that discretionary review is required, shall be processed with a Coastal Development Permit, that may be appealed in accordance with Section 14. 78 of this Chapter.
D. Coastal Development Permits without Discretionary Review. When a proposed Accessory Dwelling Unit or Junior Accessory Dwelling Unit is not a Special Accessory Dwelling Unit and is located outside the Coastal Commission appeals jurisdiction, the Beach Neighborhood Overlay District, and/or an Environmentally Sensitive Habitat Area, a coastal development permit application shall be required and the application shall be reviewed and approved by the Community Development Director, or the Director's designee, without a public hearing in accordance with Government Code Section 65852.2. The decision of the Community Development Director, or the Director's designee shall not be appealable and constitute the final action of the City.
E Administrative Coastal Development Permit for Special Accessory Dwelling Units. When a Special Accessory Dwelling Unit is proposed in conformance with 14.72.090 of this Section and is located outside the Coastal Commission appeals jurisdiction, the Beach Neighborhood Overlay District, and/or an Environmentally Sensitive Habitat Area, such unit shall be issued an administrative coastal development permit by the Community Development Director or the Director's designee without a public hearing in accordance with Government Code Section 65852.2 and not be appealable and constitute the final action of the City.
F. Building Permits for .Junior Accessory Dwelling Units. When a Junior Accessory Dwelling Unit is completely within the footprint of a single-family residence and is located outside the Coastal Commission appeals jurisdiction and/or the Beach Neighborhood Overlay District, such unit shall be required to obtain a building permit to ensure compliance with building code and health and safety standards.
End
ORDINANCE N0.758 30
PASSED, APPROVED AND ADOPTED on the 23
rd of January, 2023, by the
following vote:
AYES: COUNCILMEMBER(S): Lee, Nomura, Solorzano, Alarcon, Cl ark NOES: COUNCILMEMBER(S): None
ABSENT: COUNCILMEMBER(S): None
ABSTAIN: COUNCILMEMBER(S): None
ar W,.,.t--
Mayor. City oarpinteria
ATTEST:
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Brian C. Barr
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City Clerk, City of Carpinteria
I hereby certify that the foregoing Ordinance was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of Carpinteria held on January 23, 2023.
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Brian C. Barre
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City Clerk, City of Carpinteria
APPROVED AS TO FORM:
ORDINANCE NO. 758 31
Exhibit 1
Ordinance No. 758
ADU Beach Neighborhood Overlay District
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CJ ADU Beach Neighbamaad Overlay Boundary
· - Parcels in Beach Neighporhaad ADU Overlay * Public Beach Access ........ 1.,-J Carpinteria Ci1y Boundary
Ctty of Carpinteria
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Attachment C.
Summary of Anticipated Changes to
City ADU/JADU Regulations
August 28, 2023 City Council Meeting
Initiation of Amendments to ADU/JADU Regulations
Project 23-2231-ORD/LCPA
Attachment C
Summary of Changes Required to CMC § 14.72
Required under SB 897 and AB 2221
• Requires that the standards imposed on ADUs and JADUs be objective. Such standards include, but are not limited to, parking, height, setback, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historical Resources. Excludes imposing requirements on minimum lot size. Defines "objective standards" as "standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal." Gov. Code§ 65852.2(a)(1 )(B)(i) and 65852.2U)(7).
o Language in CMG § 14. 72 currently meets the requirement to impose objective standards on AOUs/JAOUs. All language added to or revised in CMG § 14. 72 must also adhere to this requirement.
• Prohibits denial of ADU permit applications due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit. Gov. Code§ 65852.2(d)(2).
o Language in CMG § 14. 72. 035(C) should be added to specify that existing nonconforming structures unrelated to ADU construction shall not be used as a reason to deny an ADU application.
• If a detached garage is being demolished and replaced by an ADU, requires local agency to review and issue a demolition permit for the garage at the same time as it reviews and issues the permit for the ADU (within 60 days). Gov. Code§ 65852.2 (a)(1 )(D)(xi).
o Language in CMG§ 14. 72.100(0) should be added to include a concurrent garage demolition permit as specified.
• Increases the maximum height limitation to 18 feet if the accessory dwelling unit is within 0.5 mile walking distance of a major transit stop or a high-quality transit corridor, or if the ADU is detached and on a lot that has an existing multifamily, multistory dwelling. Gov. Code§ 65852.2(c)(2)(D)(ii-iii). o Height requirements throughout CMG Chapter 14. 72 should be changed from 16 to 18 feet for ADUs within 0. 5 mile walking distance of a major transit stop or a high-quality transit corridor, and for AOUs detached and on a Jot that has an existing multifamily, multistory dwelling.
Attachment C I 1
• Increases the maximum height limitation to 25 feet if the accessory dwelling unit is attached to a primary dwelling. Gov. Code§ 65852.2(c)(2)(D)(iv). o Height requirements throughout CMG Chapter 14. 72 should be changed from 16 to 25 feet for ADUs attached to a primary dwelling. • Provides that the construction of an ADU does not constitute a Group R occupancy change under the local building code, except as found by an enforcement agency. Gov. Code§ 65852.2(a)(1 )(D)(viii). o Language in CMG § 14. 72. 050 should be added to ensure the construction of an ADU does not constitute a Group R occupancy change under the local building code, except as found by an enforcement agency. • Prohibits the construction of an ADU from triggering a requirement that fire sprinklers be installed in the existing primary dwelling. Gov. Code§ 65852.2(a)(1 )(D)(xii).
o Language in CMG§ 14. 72.050(0) should be amended to clarify that ADU construction will not trigger a requirement for fire sprinklers in the main residence.
• Prohibits a local agency from rejecting an application for an ADU because the existing multifamily dwelling exceeds applicable height requirements or has a rear or side setback of less than 4 feet. If the existing multifamily dwelling exceeds applicable height requirements or has a rear or side setback of less than 4 feet, a local agency is prohibited from requiring any modification to the existing multifamily dwelling to satisfy these requirements. Gov. Code§ 65852.2(e)(1 )(D)(ii).
o Language in CMG § 14. 72. 090(8) should be added to clarify that an existing multifamily dwelling that exceeds applicable height limits or that does not meet minimum setbacks is not grounds for rejection of an application for an ADU, and that modifications to the existing multifamily dwelling cannot be required to satisfy these requirements. • Prohibits a local agency from imposing any parking standards on an ADU that is included in an application to create a new single-family dwelling unit or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit meets other specified requirements. Gov. Code§ 65852.2(d)(1 )(F). o Language in CMG § 14. 72. 080 should be added to ensure no parking standards will be required on an ADU that is part of an application for a new primary residence.
• Requires a permitting agency to return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant, if the permitting agency denies an application for an ADU or JADU. Gov. Code§ 65852.2(a)(3)(B).
Attachment C I 2
o Language in CMG § 14. 72. 100 should be added to ensure these written comments are provided to the applicant upon denial of an ADUIJADU application.
• If a JADU does not include its own bathroom, requires a JADU to include a separate entrance from the main entrance to the structure, and an interior entry to the main living area. Gov. Code§ 65852.22(a)(5)(8).
o Language in CMG § 14. 72. 050 should be added to ensure an interior entry to the main living area is included in JADUs without a separate bathroom. • Prohibits a local agency from denying an application for a permit to create a JADU due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the junior accessory dwelling unit. Gov. Code §65852.22(d).
o Language in CMG § 14. 72. 035 should be added to specify that existing nonconforming structures unrelated to JADU construction shall not be used as a reason to deny a JADU application.
• Prohibits a local agency from denying a permit for an unpermitted ADU that was constructed before January 1, 2018, because, among other things, the unit is in violation of building standards or state or local standards applicable to ADUs, unless the local agency makes a finding that correcting the violation is necessary to protect the health and safety of the public or occupants. Gov. Code§ 65852.23(a).
o Language in CMG § 14. 72. 050 should be amended to reflect this new date for permitting unpermitted ADUs.
• Prohibits limits on front setbacks that do not permit the construction of at least an 800 square foot accessory dwelling unit, as specified. Gov. Code§ 65852.2( c)(2)(C).
o Language in CMG§ 14. 72.055(A) should be added to include front setback exceptions to allow for ADUs of at least 800 square feet.
Additional changes proposed
• CMC § 14.73.080 - Parking standards should be renumbered to 14.72.080 to correct an existing typo.
• Gov. Code§ 65852.2(e)(1) states that a local agency shall allow at least one ADU within an existing multifamily dwelling and shall allow up to 25 percent of the existing multifamily dwelling units.
o Language in CMG § 14. 72. 090 should be amended to clarify that the number of ADUs allowed within an existing multifamily dwelling shall be Attachment C I 3
based off of 25 percent of the existing multifamily dwelling units, not multifamily structures (as currently written).
Additional changes to CMG§ 14.72 may be proposed as Staff continue to work on these amendments and bringing the zoning code into compliance with state law.
Attachment C I 4
City of Carpinteria
COUNCIL AGENDA STAFF REPORT
August 28, 2023
ITEM FOR COUNCIL CONSIDERATION
Agreement between the Carpinteria Skate Foundation and the City of Carpinteria for Carpinteria skate park youth services.
STAFF RECOMMENDATION
Authorize the City Manager to execute the agreement with the Carpinteria Skate Foundation.
MOTION: I move to authorize the City Manager to execute the agreement with the Carpinteria Skate Foundation.
BACKGROUND
On February 22, 2016 City Council authorized entering into a MOU with the Carpinteria Skate Foundation (CSF) to define each party's role in the pursuit of a skate park in Carpinteria at the City Hall Campus.
CSF was incorporated in 2009 and is a 501 c3 non-profit organization. CSF has raised over a million dollars to date toward the construction of the Carpinteria Skate Park.
On March 13, 2023, the Carpinteria City Council adopted Ordinance No. 763, establishing Skate Park Rules and Regulations as a part of Carpinteria Municipal Code (CMG) Chapter 12.24, including that Skate Park hours shall be established by City Council Resolution, CMG 12.24.101 (C)(20).
On August 26, 2023, the City, in partnership with CSF, held a soft-opening event for the Carpinteria Skate Park, including a ribbon cutting, donor recognition, and remarks by City and CSF representatives.
The purpose of this agenda matter is to provide a summary of the attached proposed agreement between the City and CSF for the provision of youth services at the Carpinteria Skate Park, and to seek approval from City Council to execute said agreement and/or to receive direction on changes to said agreement.
Agreement with the Carpinteria Skate Foundation
August 28, 2023
DISCUSSION
The Carpinteria Skate Park is an unstaffed facility subject to the rules and regulations outlined in City Council-adopted Ordinance No. 763. The attached agreement was developed by City staff with feedback from CSF to define each parties' role, responsibilities, and requirements related to operations of the Carpinteria Skate Park.
Below is a list of the key bullet points of the agreement:
• CSF will play an active role in the management of the Carpinteria Skate Park. • CSF will provide light cleaning of the park while conducting youth programming. • CSF will cooperate with the City to enforce Skate Park Regulations. • CSF will provide youth programming at the Carpinteria Skate Park for beforeschool and after-school classes, evening classes, weekend classes and/or camp activities, and special events.
• CSF will be solely responsible for determining the outline and content of instruction.
• CSF will provide monetary compensation to the City that equates to 10% of the gross fees received by CSF for any and all City-approved paid programming. • The City agrees to promote CSF programming held at the Carpinteria Skate Park.
The precise schedule of programing provided by CSF for the skate park is still pending and will be negotiated as CSF advances their efforts.
In addition to programming, the proposed agreement allows CSF to fundraise for park maintenance and improvements.
The agreement is for one year after start date and may be renewed up to four annual extensions at the City's sole discretion. The City and CSF will meet at least once annually to review the terms of the Agreement and to decide if revisions are necessary.
POLICY CONSISTENCY
The Carpinteria Skate Park completion and operation are part of the City of Carpinteria Workplan.
FINANCIAL CONSIDERATIONS
No additional funding is requested.
Agreement with the Carpinteria Skate Foundation
August 28, 2023
LEGAL AND RISK MANAGEMENT CONSIDERATIONS
The agreement requires the CSF to provide appropriate insurance meeting the City's standard insurance provisions. This agreement also requires CSF to observe all city, state and federal regulations while performing the services.
OPTIONS
1. Authorize the City Manager to execute an Agreement with the Carpinteria Skate Foundation. (Staff recommendation)
2. The City Council could choose to not approve the recommendation and direct staff as determined appropriate.
PRINCIPAL PARTIES EXPECTED AT MEETING
Members of the Carpinteria Skate Foundation.
ATTACHMENTS
Attachment A: Agreement Between the Carpinteria Skate Foundation and the City of Carpinteria for Carpinteria Skate Park Youth Services.
Staff Contact: Aida Thau, Management Analyst II
(805) 755-4432, [email protected]
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ATTACHMENT A
AGREEMENT BETWEEN
THE CARPINTERIA SKATE FOUNDATION AND THE CITY OF CARPINTERIA
FOR CARPINTERIA SKATE PARK YOUTH SERVICES
THIS AGREEMENT (hereinafter "Agreement") is entered into this _ day of August, 2023, by and between CARPINTERIA SKATE FOUNDATION, a nonprofit 501(c)(3) organization (tax-exempt ID# 3214751) hereinafter referred to as "FOUNDATION", and CITY OF CARPINTERIA, a municipal corporation of the State of California, hereinafter referred to as "CITY"; collectively referred to as "Parties", with reference to the following.
WHEREAS, the CITY has possessory interest in certain real property and building known as the Carpinteria Skate Park located at 5781 Carpinteria Avenue, Carpinteria, CA, and also identified as Assessor Parcel Number 001-170-018, as depicted on the attached Exhibit B incorporated herein by reference (hereinafter the "Property"); and
WHEREAS, the CITY and FOUNDATION wish to encourage the free use of the Carpinteria Skate Park by the general public and to such ends, wish to define the management and operational responsibilities related to the Carpinteria Skate Park ("Skate Park"); and
WHEREAS, the CITY desires to operate parks and recreation programs that contribute to the quality of life in the community; and WHEREAS, cooperation between CITY and non-profit organizations to create parks and recreational activities for the community achieves greater availability of recreational opportunities at a reduced cost to taxpayers; and WHEREAS, on February 24, 2016, the CITY and the FOUNDATION entered into a Memorandum of Understanding (MOU) that requires the CITY and the FOUNDATION to negotiate in good faith to create a Park Operational Plan (POP) and an Operations and Maintenance Agreement (OMA); and
WHEREAS, the FOUNDATION has expertise to assist with operations of the Skate Park and to provide programming for community members, including lessons, day camps, contests and fundraising; and
WHEREAS, the FOUNDATION and CITY now desire to enter into this Agreement to implement the purpose of the MOU in lieu of the POP and OMA and establish parameters for the FOUNDATION and CITY to coordinate on the Carpinteria Skate Park youth services and activities described in this Agreement.
NOW, THEREFORE, in consideration of the provisions, covenants, and conditions set forth herein, the FOUNDATION and the CITY hereby agree as follows:
I. SERVICES
A) FOUNDATION agrees to provide Skate Park management and operational services as described in Exhibit A ("Scope of Services"), attached hereto and incorporated by reference.
B) Quality of services under this Agreement shall be of the level of quality performed by persons regularly rendering these services. Determination of acceptable quality shall be made at the sole discretion of the CITY.
C) CITY shall permit FOUNDATION to perform the Scope of Services, subject to further approval by the CITY for each service, and provide a storage room at the Skate Park for FOUNDATION use to store program equipment.
II. COMPENSATION
In consideration of the CITY providing the FOUNDATION with access to the Skate Park for the Scope of Services, the FOUNDATION shall provide monetary compensation to the CITY that equates to ten percent (10%) of the gross fees received by the FOUNDATION for any and all CITY-approved paid programming, including but not limited to the Summer Skate Camp identified in the Scope of Services on a monthly basis. The FOUNDATION also shall provide a report to the CITY including the necessary information to verify compliance with this Section. FOUNDATION shall not receive payment from the CITY for performing any services under this Agreement.
FOUNDATION shall also provide other support for the Skate Park as detailed in Exhibit A.
Ill. TERM
The term of this Agreement shall commence upon date of execution and shall terminate one (1) year after date of execution unless terminated earlier pursuant to Paragraph IV of this agreement.
This Agreement may be renewed by written extension, at the CITY's sole discretion, for up to four (4) additional years. The CITY and FOUNDATION will meet at least once annually to review the terms of the Agreement and to determine if revisions are necessary. All revisions shall be mutually agreed upon in writing, and may be subject to City Council approval at the CITY's sole discretion. Any renewal of the contract shall also be subject to City Council approval. The initial term, plus any option to extend, shall not exceed a total of five (5) years.
IV. TERMINATION
Either party may terminate this agreement with or without cause at any time upon thirty (30) days written notice as provided in Paragraph X.
V. LIABILITY AND WORKER'S COMPENSATION INSURANCE
8. The CITY requires the FOUNDATION to obtain and maintain a one million dollar ($1,000,000 per occurrence) General Liability Insurance policy with a company approved by, and in a form satisfactory to the CITY and provide a certificate of insurance to the CITY. Additionally, said insurance policy must include the following special endorsements:
a. The CITY is to be included as an additional insured but only insofar as operations under this contract are concerned. b. The insurer will not cancel or reduce the insured's
coverage without thirty (30) days prior written notice to the CITY. c. A Products Liability Endorsement.
No cancellation provision in any insurance policy shall be construed in derogation of the continuous duty of the FOUNDATION to furnish insurance during the term of the proposed contract. Said policy or policies shall be underwritten to the satisfaction of the CITY.
All third parties must be reported to, and approved by, the CITY before work is commenced and may be required to list the CITY as additional insured.
Furthermore, the CITY requires the FOUNDATION to obtain and maintain a Statutory Workers' Compensation policy covering all FOUNDATION's employees while performing any work incidental to the performance of this Agreement.
The FOUNDATION shall provide the CITY with a certificate of insurance documenting the required insurance coverage prior to any Agreement becoming effective. The policies shall provide that no cancellation, expiration or reduction in coverage shall be effective or occur until at least thirty (30) days after receipt of a notice by the CITY describing changes in insurance coverage. Upon request by the CITY, the FOUNDATION shall provide a certified copy of any insurance policy to the CITY within ten (10) working days.
VI. INDEMNIFICATION
To the fullest extent permitted by law, FOUNDATION shall indemnify, defend and hold harmless CITY, and any of its officials, directors, employees and agents ("Indemnified Parties"), from and against any and all losses, liabilities, damages, costs, charges, payments, claims, and expenses, including attorney's fees and costs of defense, which arise out of, are a consequence of, or are in any way attributable to, in whole or in part, this Agreement, including but not limited to any activities associated with carrying out agreed the Scope of Services by FOUNDATION, its agents, employees, subcontractors, consultants, assigns or by any individual or entity for whom FOUNDATION is legally liable.
VII. COMPLIANCE WITH LAWS AND PERMIT CONDITIONS
FOUNDATION shall comply with all applicable laws and permit conditions in performing its obligations under this Agreement. FOUNDATION shall comply with all applicable federal, state and local laws, regulations, ordinances and policies, including but not limited to, Business and Professions Code section 18975; Government Code section 831. 7; Health and Safety Code section 115800, Carpinteria Municipal Code Chapter 12.24 (Public Parks and Beaches); and, Resolution No. 6256, establishing Skate Park Operating Hours, in effect or as may be amended. The FOUNDATION shall also provide training in child abuse and neglect reporting to its staff and volunteers in accordance with applicable federal, state and local law.
FOUNDATION, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses, certificates, and approvals that may be required in connection with performance of Services described in Exhibit A.
VIII. RECORDS
FOUNDATION shall keep accurate records of all matters related to this Agreement, including but not limited to, financial, nonprofit status, and operation and maintenance records. Said records to be available to CITY upon request at reasonable times.
FOUNDATION shall keep said records for not less than five (5) years.
IX. NON-EMPLOYMENT STATUS
It is understood and agreed by the parties hereto that FOUNDATION, while engaged in operation of the programs described herein and complying with the terms of this agreement, is and shall act as an independent contractor and is not an officer, agent or employee of the CITY; and officers, employees and agents of FOUNDATION are not entitled to any of the benefits of CiTY employees. FOUNDATION shall have no right or power to bind the CITY to any other contracts or agreements with third parties.
FOUNDATION shall have control of all services provided under this Agreement and shall be free to contract for similar service to be performed for others during the term herein. However, CITY retains the right to provide general instructions to and observe FOUNDATION in its performance.
X. NOTICES
All notices and submissions required under this Agreement shall be delivered to the respective party in the manner described herein to the address stated in this Agreement or such other address as either party may designate by prior written notice to the other.
Notices given under this Agreement shall be in writing and shall be personally delivered, sent by next day express delivery service, certified mail, or first class U.S. mail postage prepaid, and addressed to the person listed below ("Designated Representative").
Notice will be deemed given on the date when one of the following first occur: (1) the date of actual receipt; (2) the next business day when notice is sent next day express delivery service or personal delivery; or (3) three days after mailing first class or certified U.S. mail.
If Notice is sent to the FOUNDATION, it shall be addressed and sent to:
Carpinteria Skate Foundation
Attn: Executive Director
1041 Casitas Pass Rd.
Carpinteria, CA 93013
If Notice is sent to the CITY, it shall be addressed and sent to:
City of Carpinteria
Attn: City Manager
5775 Carpinteria Avenue
Carpinteria, CA 93013
XI. AMENDMENT
This Agreement may be amended or revised in writing, signed by both Parties.
Amendments or revisions may be subject to CITY Council approval in the CITY's sole discretion.
XII. ASSIGNMENT
Any attempt by FOUNDATION to assign the benefits and burdens of this Agreement or any part thereof without the prior written approval of the CITY Manager is prohibited and shall be null and void.
XIII. NONDISCRIMINATION
FOUNDATION agrees, and it is a condition to the continuance of this Agreement, that there will be no discrimination against, or segregation of, any person or group of persons on the basis of race, color, sex, sexual orientation, gender identity, creed, national origin or ancestry, religion, age, disability, marital status, domestic partner status, medical condition or as a member of any other protected class under federal, state or local law in the use of the Skate Park or any portion thereof.
XII. NO THIRD PARTY BENEFICIARY
This Agreement shall not be construed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any claim or right of action under this Agreement.
XIII. GOVERNING LAW
The terms of this Agreement shall be interpreted according to the laws of the State of California. Should litigation occur, venue shall be in the Superior Court of California, County of Santa Barbara.
XIV. SEVERABILITY
In the event that any one or more of the provisions of this Agreement is found to be invalid, illegal or unenforceable, the remaining provisions shall remain in effect and be enforceable.
XV. INTEGRATED AGREEMENT
This Agreement and the attached Exhibits to this Agreement represent the entire understanding between the Parties as to its subject matter. No verbal agreement or implied covenant shall be held to vary the provisions of this Agreement.
XVI. AUTHORITY TO EXECUTE
Each Party hereto expressly warrants and represents that through its Designated Representative it has the authority to execute this Agreement on behalf of its corporation, partnership, business entity, or governmental entity, and bind each Party to the performance of its obligations herein.
XVII. INCONSISTENT OR CONFLICTING PROVISIONS
In the event of any contradictions or inconsistencies between any attached Exhibit or documents incorporated by reference herein and the provisions of the terms of the Agreement itself, the terms of this Agreement shall control. Any Exhibit that is attached and incorporated by reference shall be limited to the purposes for which it is attached, as specified in this Agreement. Any contractual terms or conditions contained in any Exhibit imposing additional obligations on the CITY are not binding upon the CITY's Designated Representative unless specifically agreed to in writing.
XVIII. PARAGRAPH HEADINGS
The paragraph heading contained herein are for convenience and reference only and are not intended to define or limit the scope of this agreement.
XIX. EXECUTION
This Agreement may be executed in any number of original counterparts. The contract will be effective when all parties have executed the same counterpart, or each party has executed separate counterparts and has delivered a copy of the signature page of the counterpart to the other party. Upon execution by all of the parties, the counterparts shall constitute one and the same contract. Counterparts or signature pages may be delivered via delivery of an original or duplicate in person or by mail, or a duplicate, including scanned copy, in an electronic format, including transmission by electronic mail, secure Internet drop-box, facsimile, or similar other standard interchange format capable of reproduction and storage
IN WITNESS THEREOF, the parties hereto have caused this agreement to be executed on the day and year first above written.
CITY OF CARPINTERIA
A Municipal Corporation
Carpinteria Skate Foundation
Dave Durflinger
City Manager
Peter Bonning
Executive Director
APPROVED AS TO FORM:
City Attorney
By _
Jena S. Acos, on behalf of Brownstein Hyatt
Farber Schreck, LLP acting as City Attorney
for the City of Carpinteria
EXHIBIT A
SCOPE OF SERVICES
In collaboration with the City of Carpinteria ("CITY"), the Carpinteria Skate Foundation ("FOUNDATION") will play an active role in the management of the Carpinteria Skate Park, providing light cleaning of the park while conducting youth programing, such as sweeping, blowing, and picking up trash.
The CITY and FOUNDATION acknowledge that there will not be assigned staffing or monitoring of the Carpinteria Skate Park ("Skate Park"); that use of the Skate Park is a high-risk activity; and, that visitors will use the Skate Park at their own risk. Rules consistent with reasonable use of the Skate Park shall be prominently posted at the entrances to the Skate Park, and the public-including FOUNDATION users-is required to comply with all applicable laws, including, but not limited to, Carpinteria Municipal Code Chapter 12.24 (Public Parks and Beaches); and CITY Resolution No. 6256 establishing Skate Park Operating Hours ("Skate Park Regulations"). The FOUNDATION shall reasonably cooperate with the CITY to facilitate the CITY's enforcement of all Skate Park Regulations.
The CITY and FOUNDATION acknowledge that the FOUNDATION has proposed youth programming services at the Skate Park. The FOUNDATION further acknowledges that it must obtain written approval and all applicable permits from the CITY and other agencies as required prior to commencement of any of the services described below.
The FOUNDATION may provide youth programming for the Carpinteria Skate Park. The FOUNDATION has experience and training in providing services and instruction in this Scope of Services. The CITY lacks this experience and training and is not qualified to determine methods and means to be employed in providing such services. The CITY is only interested in the results to be achieved. As a result, the FOUNDATION shall be solely responsible for determining the outline and content of instruction. The FOUNDATION shall be solely responsible for determining the instructional methods and means to be used for all instruction under this Agreement and in determining manner by which services will be provided.
The FOUNDATION may provide instruction at the Carpinteria Skate Park for beforeschool and after-school classes, evening classes, weekend classes and/or camp activities, and special events on a schedule approved by the CITY, in writing, to meet the needs of program participants, the FOUNDATION shall set its own schedule and hours (including any time for preparation) and location of work. The schedule is subject to change by the CITY, which may reschedule or cancel any or all programming at its sole discretion.
From time to time, the FOUNDATION will work with the CITY to coordinate exclusive use hours of the Carpinteria Skate Park.
The FOUNDATION retains the rights to provide similar services, including recreational programming for other cities, special districts or private entities or to provide its services directly to the general public.
CITY agrees to promote, through means of its choice, FOUNDATION programming held at the Carpinteria Skate Park. All promotional materials such as flyers, postcards, and any other print or digital promotions shall be subject to the prior written approval of the CITY at least 5 business days prior to dissemination to the public. Prior to the advertising of a class in the CITY newsletter, website, social media or flyer, the FOUNDATION shall notify the CITY in writing of the minimum and maximum number of registrants for each program provided, and provide final registration roster of the class or event after the registration period is completed.
The FOUNDATION shall observe all city, state and federal regulations while performing the services required by the Agreement.
EXHIBIT B
CARPINTERIA SKA TE PARK LOCATION
The attached map shows the location and boundaries (in red) of the Carpinteria Skatepark. No extension of the existing location and boundaries shall take place without proper public process, including, but not limited to, public meetings and review and recommendation from the Carpinteria City Council.
Note: Map is before construction
EXHIBITC
CARPINTERIA SKATEPARK RULES AND SIGNAGE
The Carpinteria Skatepark is unsupervised. Use of the facility is at your own risk.
The City of Carpinteria assumes no liability for any injury or damage to you or your property resulting from your voluntary use of the Skatepark.
1. Users must wear helmets, elbow pads and knee pads AT ALL TIMES
2. Children under the age of 12 must be accompanied by an adult
3. Only non-motorized skateboards and skates
4. No bicycles, scooters, or motor vehicles of any kind
5. No smoking or vaping
6. No alcohol
7. No controlled substances, cannabis or other mind-altering drugs allowed
8. No animals. Only service animals are allowed in the skate park
9. No graffiti, stickers or littering
10. No vending, except by written permit
11. Skate Parks hours are as posted- No exceptions uniess authorized by the PR&CS Director
12. No amplified music except by written permit
13. No food or beverages in the skating area - only on the perimeter paths and plaza area
14. Only plastic or metal water bottles. No glass bottles.
15. No skating in parking areas, plaza area, walkways, tables or benches or driveways of the skate park
16. No unauthorized equipment or obstacles including, ramps or jumps within the skate park
17. The Skatepark will be open 30 minutes before sunrise until 30 minutes after sunset every day of each week. Operating Hours may be extended by the City Manager until 1 0PM when posted at the Park by the City in writing and then only when the Skate Park lights are illuminated. The City of Carpinteria, notrespassing ordinance will be enforced after the park is closed.
18. The Skatepark has been designed for all skill levels. Please be courteous to other people using the facility and all other park patrons.
19. All general regulations for Public Parks and Beaches of Chapter 12.24 of the Carpinteria City Code apply.
EXHIBIT D
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees to amend, supplement or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence.
Auto Insurance. If CSF employees, volunteers, and contractors will use personal autos in any way during the performance of this Agreement, CSF shall ensure the employees, volunteers, and contractors maintain automobile insurance that meet, at minimum, current statutory requirements and provide proof of this insurance to the City, if requested.
When applicable, Workers Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident or disease.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella.
Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured's liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Consultant, subconsultants or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $1,000,000 per occurrence.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of' the insured and must include a provision establishing the insurer's duty to defend.
The policy retroactive date shall be on or before the effective date of this agreement.
Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A. M. Bests rating of A- or better and a minimum financial size VII.
General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant:
1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, volunteers and agents, using standard ISO endorsement No. CG 2010-0413. Consultant also agrees to require all contractors and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees or agents, from waiving the right of subrogation prior to a loss.
Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g., elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option.
8. Certificate(s) are to reflect that the insurer will provide 30 (thirty) days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate.
9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City.
10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review.
11. Consultant agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Consultant's existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions.
12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City.
13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as City or its employees or agents face an exposure from operations of any type pursuant to this Agreement. This obligation applies whether or not the Agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages.
17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this Agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents.
18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be limiting or all-inclusive.
19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such.
20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section.
21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.
22. The City's failure to comply with reporting requirements should not affect coverage required under the Agreement.
23. The consultant's insurance is primary to that of any insurance claimed by the City.
Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.
City of Carpinteria
Cour.rcu- AceruoR Srerr RepoRr
August 28,2023
ITEM FOR COUNCIL CONSIDERATION
Annual Report on Law Enforcement Services.
STAFF RECOMMENDATION
Receive and file the report.
Sample Motion: I move to receive and file the Annual Report on Law Enforcement Services.
BAC KG ROU N D/DI SC USSION
The City of Carpinteria contracts for law enforcement services with the County of Santa Barbara for law enforcement services. Annually, as part of the contract services, the Sheriffs Office makes a presentation on staffing levels, general and supplemental law enforcement services provided to the City, and data on calls for services, crimes and arrests.
ATTACHMENTS
Print out of PowerPoint Presentation
Staff contact:
Lt. Ugo Arnoldi
(805) 568-3388
u pa0378@sbsheriff. orq
,b sR
Signature
Reviewed by: Dave Durflinger, City Manager
(805) 7 55-4400, [email protected]
CITY OF CARPINTERIA
POLICE SERVICES
Summary : Calendar Year 2022
Presentation: August 28, 2023
HISTORIC VIEW
SHERIFF’S OFFICE IN CARPINTERIA
On July 1, 1992, law enforcement
services for the City of Carpinteria
were contracted to the Santa
Barbara Sheriff’s Office.
Our purpose is to provide a full
range of police services that
enhance the quality of life for
Carpinteria’s residents, businesses,
and visitors.
Sheriff’s Lieutenant
Ugo Peter “Butch” Arnoldi
Over 49+ years of Law Enforcement Experience
Previous assignments include:
Coastal Patrol Bureau
County-wide Patrol Watch Commander
Criminal Investigations Bureau
Goleta Patrol Bureau
Judicial Services Bureau
Sheriff’s Adjutant
Collateral assignments include:
Special Olympics Liaison
Sheriff’s Chaplain Program Liaison
Surrendered and Beached Vessel Exchange Program Manager Law Enforcement Cooperative Agreement/Rural Crime Manager County Family Assistance Center Liaison
CARPINTERIA POLICE STAFF
CHIEF OF POLICE
The City currently contracts with the County to receive 24/7 law enforcement services on a cost reimbursement basis.
The current agreement expired on June 30, 2023 and the
City and County are currently operating under an extension and are negotiating the terms of a successor agreement.
CONTRACT:
Specialized law enforcement functions included at no additional cost:
Crisis Intervention Team (CIT)
Dive Team
Fugitive/Warrant Detail
Hostage Negotiations
Hazardous Devices Team
Helicopter/fixed wing patrol
Law Enforcement Canines (Patrol, Tracking, Narcotics, and EOD) Mounted Unit Patrol
Professional Standards Investigations
Reserve Forces
Search & Rescue
Special Enforcement (SWAT) Team
CONTRACT:
SERVICES INCLUDED
HUMAN RESOURCES UPDATE:
Dan Calderon,
Sergeant
22+ years of
experience
Chris Corbett,
Sergeant
25+ years of
experience
CARPINTERIA POLICE STAFF
2023 SUPERVISORS
Brian Flick,
Sergeant
20+ years of
experience
Ben Sandu,
A/Sergeant
14+ years of
experience
CARPINTERIA POLICE STAFF
COMMUNITY RESOURCE DEPUTY
Responsible for:
Coordinating activities with businesses,
residents, visitors, and City Staff
Coordination of:
▪ Crime Prevention Program
▪ Neighborhood Watch Program
▪ Business Watch Program
▪ Homeless Outreach
▪ Downtown Bicycle and Foot Patrol
Restorative Court Program Liaison
School Resource Deputy
Bryan Dickey
Sheriff’s Deputy, Special Duty
19+ years of experience
CARPINTERIA POLICE STAFF
ADMINISTRATIVE OFFICE PROFESSIONAL
Serves as the contact between the
Sheriff’s Office and City staff, local
businesses, residents, schools, and the
Carpinteria community in general
Clerical and Administrative support
Carpinteria Station Lobby Open Monday
through Friday 8 AM to 4 PM
▪ Responsible for processing, distribution
and filing of all reports, citations and other
documents Christie Idol
6+ years of experience
Part One Crimes 18.0% Decrease
Part Two Crimes 7.6% Increase
Traffic Collison's 27.6% Decrease
Calls for Service 2.2% Decrease
CITY OF CARPINTERIA
COMPARISON 2021 TO 2022
CITY OF CARPINTERIA
HOMELESS ACTIVITY
Calls for Service Reports Taken Arrests/Citations
2022 615 259 189
2021 505 251 187
2020 475 243 166
2019 392 187 138
CITY OF CARPINTERIA
HOMELESS ACTIVITY
392
187
138
475
243
166
505
251
187
615
259
189
0 100
200
300
400
500
600
700
Calls for Service Reports Taken Arrest/Citations
2019 2020 2021 2022
Homicide Rape Robbery Agg. Assault Burglary Larceny MV Theft Arson Total 2022 0 0 6 25 9 140 16 4 200
2021 0 1 2 19 27 172 23 0 244
2020 0 1 4 16 25 183 26 2 257
2019 1 0 3 7 20 125 20 0 176
2018 0 0 2 20 37 151 26 0 236
2017 0 4 10 19 60 209 29 1 332
2016 0 2 8 16 49 178 14 0 267
2015 0 2 2 9 43 150 14 3 223
2014 0 2 1 16 49 140 8 1 217
2013 0 3 4 14 50 191 20 0 282
CITY OF CARPINTERIA
PART ONE CRIMES
CITY OF CARPINTERIA
PART ONE CRIMES
282
217 223
267
332
236
176
257
244
200
-
50 100
150
200
250
300
350
2013 2014 2015 2016 2017 2018 2019 2020 2021 2022
CITY OF CARPINTERIA
PART TWO CRIMES
2013 2014 2015 2016 2017 2018 2019 2020 2021 2022
Total 943 988 933 845 771 776 791 749 658 708
All Other Offenses 468 480 401 341 375 358 306 216 168 235 Curfew & Loitering 0 5 1 0 2 2 4 0 0 0
Disorderly Conduct 9 9 9 5 2 8 12 23 9 7
Drugs 87 90 92 138 71 91 105 167 161 156
Drunkenness 98 102 98 75 70 56 65 32 45 43
DUI 40 44 81 37 20 21 20 14 61 53
Embezzlement 0 2 0 1 0 8 2 0 0 0
Forgery &
Counterfeit 14 10 25 21 35 20 26 21 22 20
Fraud 6 15 14 9 11 9 16 13 12 10
Liquor Laws 21 13 23 15 14 13 29 55 27 18
Off Agnst
Family/Child 10 12 7 4 5 10 11 2 3 2
Prostitution/Vice 2 1 0 0 0 0 0 0 0 1
Runaways 5 10 2 3 3 23 28 15 16 3
Sex Offenses 5 4 6 5 6 5 2 5 4 6
Simple Assault 103 97 93 84 73 81 67 80 65 80
Stolen Prop:B/R/P 2 3 1 6 2 7 3 3 5 2
Vagrancy 0 6 4 4 0 2 0 3 0 1
Vandalism 73 78 57 89 76 50 75 81 49 43
Weapons 0 7 19 8 6 12 20 19 11 18
CITY OF CARPINTERIA
PART TWO CRIMES
943
988
933
845
771 776 791
749
658
708
-
200
400
600
800
1,000
1,200
2013 2014 2015 2016 2017 2018 2019 2020 2021 2022
Forgery, Embezzlement, Buy/Sell/Receive Stolen Property, Vandalism, Weapons, Prostitution/Vice, Sex Offenses, Drug Offenses, Offenses Against Family/Child, DUI, Liquor Law Violations, Drunkenness, Disorderly Conduct, All Other Crimes, Suspicion, Curfew/Loitering, Runaways
CITY OF CARPINTERIA
CALLS FOR SERVICE
10,941 11,322
12,734
11,923 12,170
10,881
9,206 9,501 9,493 9,286
-
2,000
4,000
6,000
8,000
10,000
12,000
14,000
2013 2014 2015 2016 2017 2018 2019 2020 2021 2022
QUESTIONS / COMMENTS
City of Carpinteria
Gour,rcr- AceruoR Srnrr RepoRr
August 28,2023
ITEM FOR COUNCIL CONSIDERATION
2023 Work Plan Status Report.
STAFF RECOMMENDATION
Receive and file the 2023 Work Plan status report.
Sample Motion: I move to receive and file the 2023 Work Plan status report.
BACKGROUND
Each year in late January the City Council, City Manager and staff Department Heads meet to discuss strategic issues and the Annual Work Plan. The public meeting was held this year on Monday, January 30. Both the draft and approved Work Plans are annually published on the City's website.
The annual Work Plan is the primary document that guides new or significantly modified staff work for the coming year, including budget development. The document includes a brief description of City Departments, including a mission statement and detailed information about discrete Department work matters. Each work item includes a description of: the project itself, objectives and policy consistency, previous and ongoing work, tasks necessary to carry out the work, work products, estimated completion date, and resource requirements including staffing and budget.
The Annual Work Plan also includes the identification of strategic issues facing the City, a discussion of the proposed approach to addressing these issues, and implementation measures set out through the Work Plan.
This agenda matter is intended to allow for the Department Heads to present information to the City Council on the status of work for which they are responsible and for the City Council to ask questions, discuss the work and priorities.
G:Dave/City Council/S-Work Plan Midyear 2023
Work Plan Status Report
August 28,2023
DISCUSSION
A status report table on each Work Pan matter is attached to this Staff Report (Attachment A) and Department Heads will present highlights at the Council meeting The annual Work Plan represents discrete work items that have been anticipated and either represent one-time work or initiation of matters intended to be permanent. As such, the Work Plan does not reflect all work conducted during the year. For example, in circumstances where the day-to-day work in a Department makes significant demands on staff resources, the Work Plan may represent a small fraction of the work undertaken annually.
Annual City work also includes cooperative and collaborative work with other agencies and organizations. These efforts can be critical and time consuming because, as a small government agency, services that are important to Carpinteria such as health and human services, youth education, transportation and housing, are most efficiently and effectively addressed at a regional level with the City working in cooperation with the agencies that have primary responsibility for these services. Finally, the Work Plan Status Report may also include information about new work initiated in the first half of the calendar year that is not anticipated in the Work Plan.
POLICY CONSISTENCY
The Work Plan includes initiatives aimed at implementing important policies and regulations of the City, including, for example, policies of the General Plan / Local Coastal Land Use Plan.
A review of the status of Work Plan implementation is consistent with best practices and the City's interest in prioritizing important work in a dynamic environment.
FINANCIAL CONSIDERATIONS
The City's adopted Fiscal Year 2021-22 Budget was informed by the Work Plan and, should the Council determine to provide direction to add or modify Work Plan items or their prioritization, this may affect the adopted Budget. For this reason, such changes would be considered as a separate agenda matter at a future meeting.
LEGAL AND RISK MANAGEMENT CONSIDERATIONS
The Work Plan can include initiatives aimed at furthering City interests identified by the City Council and/or mandated by state or federal law through legislation/legislative advocacy, litigation, and/or risk management.
G:Dave/City Council/S-Work Plan Midyear 2023
Work Plan Status Report
August 28,2023
OPTIONS
1. Receive and file the report
2. Request additions, deletions or changes to the Work Plan. Should this option be elected and the change wishing to be considered involves a budget change or significant change in Work Plan and/or priorities, a separate matter will be scheduled for a subsequent agenda.
ATTACHMENT
A. 2023 Work Plan Status Report Table
Staff contact: Dave Durflinger, City Manager
[email protected] (805) 7 55-4400
G:Dave/City Council/S-Work Plan Midyear 2023
ATTACHMENT A
GENERAL GOVERNMENT
2023 Work Plan Status
Activity Comments
Program: Legislative & Policy
Legislative Advocacy. Establishing
and maintaining good communication
and working relationships with county,
state and federal officials including
elected representatives. This may
include conducting advocacy and/or
building coalitions for City positions,
drafting legislation, making
presentations, and providing
testimony before other agencies or
directly to legislators.
The City relies, generally, on the League of California Cities to advocate the State legislature on matters of
local government interest and to assist the City in
identifying issues of unique local interest. Work under the Legislative & Policy program includes researching and
analyzing legislation and evaluating public policy matters.
At the regional level, the 2023 Work Plan anticipates
work in the areas of Housing, Highway 101
Improvements and Oil & Gas Development/
City work to date has included:
• Winter Storm Response: City worked
collaboratively with the County of Santa Barbara
respond to winter storms including declarations of
emergency, issuance of emergency repair
permits, and public communications.
• County Housing Element: City provided comment
on the County’s Housing Element involving work
that included reviewing the draft, conducting legal
review, communicating with county staff, and
preparing staff presentation and draft letter for
Council action.
• State Voter Initiative Opposition. Letter sent to
state representatives articulating City’s oppose
position of a proposed voter initiative that would
restrict voter and local government ability to raise
revenues for services.
• Senate Bill 423 Opposition letter. Council
approved sending letter to state legislative
representatives about opposing this proposed
legislation that would further undermine local
control and negatively impact coastal resources.
• State Budget Funding for Housing Support
• Request for State Fentanyl Response.
Legislative & Policy Research and
Development. Local legislative and
policy responses to new/changed
federal and state laws, legal or
practical mandates, and changing
community needs/expectations.
• Building Reach Code: City Council held the first
reading on Ordinance 764 in April to establish a
prohibition of fuel gas infrastructure in new
construction. This was proceeded by Council
meeting January to initiate the regulatory
process. The work came out of regional
collaborations of the Central Coast Community
Energy, Tri-County Regional Energy Network, a
Reach Code Advisory Committee and work with
the Cities of Goleta and Santa Barbara and the
County.
• Response to Brown Act Changes: Conducted
research and prepared resolution for Council
adoption in order to implement changes in state
law that establish post-pandemic Brown Act
amendments.
• Outdoor Business Permit Program. Work was
completed to advance Council’s interest in
making the Downtown T parklet program
permanent. This involved research and preparing
program rules and regulation through public and
advisory committee/commission meetings.
• Formula Business Regulations: The City
established a temporary moratorium, initiated the
regulatory process and adopted regulations
establishing limits on Formula Businesses in the
City.
• Housing Element Update/Housing Laws. An
analysis of new state housing laws was prepared
and presented to Council.
• Safe Parking Programs. A Two-Year pilot
program was started in June of 2023, following
Council approval of an agreement with New
Beginnings Counseling Center, which runs the
program in Santa Barbara county. The program is
a part of the City’s response to homelessness.
• Skating and Skate Park Rules & Regulations.
After research through CJPIA, City Attorney’s
office and other local governments, CMC
amendments were prepared for Council adoption
and rules written for approval.
• Night Friendly Sky regulations review. A
review of City policies, regulations and practices
for implementation of measures to protect the
night sky from light pollution was presented to
Council in April.
• Local Hazard Mitigation Plan Update: Council
approved the new plan for submittal to the state
in April. The work was the culmination of a multiyear regional effort to update all Plans in Santa Barbara County.
• Housing Element Approved for resubmittal to
State. Council held a public hearing and
approved changes in response to State HCD
comments.
• Camping Regulations Amendment. Council
approved changes to regulations concerning
sleeping and camping in the City for consistency
with legal precedents.
• Zone Code Amendments. The City Council
initiated changes to City zoning regulations in
order to implement programs of the Housing
Element.
• Anti-Displacement Ordinance. Council initiated
the regulatory process to establish measures
aimed at mitigating displacement of residents,
including: Housing Affordability; Just Cause
Eviction; Vacant Parcel Tax; Fractional
Ownership Time Shares; Inclusionary Housing
program; and Short Term Rental program
amendments.
Regional Programs Collaboration
and Cooperation. City Council
members and staff participate on a
number of regional committees and
groups. Council member assignments
to these entities are listed on the City
Council agenda and include Joint
Committees of elected representatives
of the City and School Board, Sanitary
District and Water District for example,
as well as representatives to regional
organizations such as the Air Pollution
Control District (APCD), and the Santa
Barbara County Association of
Governments (SBCAG).
Homeless Services. Collaboration with County and local
service providers continued in the first half of 2023. A presentation was made to the Council on the work. City
representatives also participated in the Elected Leaders 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 and SBCAG on the Rincon Trail
project. In May, the Council approved a proposed
alignment that will allow the project to proceed once
funding has been confirmed.
Council Committees Meeting with other agency
representatives. The City/First District Supervisor
Committee met twice; the Public Safety Committee met
three times; and the School Board Committee met twice
during the first half of the year to discuss matters of mutual interest.
Program: City Administration
Active Adult / Senior Center. The
purpose of this Work Plan item is to
identify potential interim and long-term
center locations, program service
models, and partnerships for active
adult / senior services in order to
develop an actionable plan, or plans,
for implementation, including
budgetary requirements, for
consideration by City Council.
Development of Active Adult / Senior Center
recommendations for City Council consideration is in
progress. A Request for Proposal (RFP) was issued for
program design and implementation services; however,
no proposals were received. The RFP was re-issued with
a submission deadline of August 27 and staff has been in contact with one or more firms that plan to submit a
proposal. In addition, representatives from Seniors Inc., The Gym Next Door, Girls Inc. of Carpinteria, and the
Carpinteria Arts Center have volunteered their time to
create and coordinate free programming for active adults and seniors. The Carpinteria Community Library is also
offering programming, as well as space for volunteer-led programming. Initially, programs were offered two days a week, and have since expanded to five days a week. A
formalized program is expected to begin in the fall.
Strategic Reorganization. To ensure
the expanding needs of the City are
met and to provide more programs
and services than current offerings
with a broader and deeper capacity
requires reorganization of staff, duties
and responsibilities.
Newly-proposed or reinvigorated work
plan programs include: Homeless
Services, Senior Services, Civic
Engagement, and Youth Engagement/
Youth Civic Engagement, Santa
Barbara County Regional Broadband
Strategic Plan, Establishment of
Performance Metrics and Emergency
Response Capacity Building.
The objective of the Strategic
Reorganization is for increased staff
capacity to meet all Program
Objectives of new programs as well as
appropriate allocation of resources to
meet all ongoing City programs.
Whereas a structure for Carpinteria
City Government Departments and
Divisions are outlined in the
Carpinteria Municipal Code, an
allowance exists for its expansion,
deletion or modification as needed.
The most substantial organization change was made
between the Parks, Recreation, and Public Facilities
Department and the Public Works Department (PW.)
Ordinance No. 768 (currently in second reading)
changes the Parks, Recreation, and Public Facilities
Department to Parks, Recreation, and Community
Services Department (PRCS.) Public Facilities duties,
which primarily include maintenance, were moved to PW
with minimal impact to the department as the majority of maintenance functions were already overseen by this
department. The change created additional capacity for
PRCS to oversee community services, and work plan
priorities, such as the library, senior services, and civic and youth engagement. Merging the maintenance team
under PW will improve project coordination and create
opportunities for cross-training amongst the maintenance staff.
Racial Equity & Social Justice:
Establishment of a Racial Equity &
Social Justice (RESJ) program that
implements the policy intent
embedded in City Council Resolution
No. 5981 and subsequent City Council
actions.
A Diversity, Equity, and Inclusion (DEI) committee made up of City staff was formed to identify and address
internal challenges and opportunities for improvement in DEI. In April, select City staff participated in a three-day Train-the-Trainer workshop organized by National
League of Cities Racial Equity and Leadership team
(NLC-REAL.) The training prepared staff to provide
future training on Normalizing Racial Equity and
Organizing for Racial Equity. In addition, an agreement with Equity Praxis was executed to provide community
engagement, training and development, feedback and
meaning-making, and project management related to
internal and external DEI efforts within the City and
broader community.
Youth Engagement. The purpose of
this Work Plan item is to collaborate
with Carpinteria Unified School District
and other youth organizations to
increase youth engagement with Law
Enforcement and prepare students for
civic life.
The City Council/School Board Committee, with
additional participation from the City’s Community
Resource Deputy, continues to meet and discuss
important youth related items affecting the community.
In addition, a Civic/Youth Engagement Committee was
formed to in November of 2022 to assist staff in
developing program recommendations for City Council
consideration.
Program: Community Services Support
Homeless Services
Develop a program that will track,
evaluate, improve and optimize the
services and compliance mechanisms
at the City to assist people
experiencing homelessness in the
community.
Initial assessment of current services and gaps is
being compiled.
The Showers of Blessings one year pilot program was
restarted in Novembre of 2022 and the progress is
being monitored.
The Safe Parking Two-Year Pilot program was started
in June of 2023.
Program: Community Promotion and Communications
Civic Engagement
Develop a program that will create
partnerships between the City and its
residents.
Together We Thrive, a councilmember-led neighborhood
initiative, aimed to boost community engagement at the
local level. The event included a survey enabling
residents to offer feedback to the City. Results: 28 inperson surveys and 79 completed online responses.
Program: Economic Vitality
Micro Transit Options.
The City has historically taken an
asset-based approach to economic
development. Examples include the
City’s Parklet program and support of
special events. In 2022, the City
continued to provide a focused
response in support of small
businesses affected by the COVID-19
Pandemic. In addition, mid and longterm initiatives to support economic recovery were explored. In 2023, the
City will continue its asset-based
approach and focus on mid and longterm recovery by exploring transportation initiatives with potential
to impact economic vitality. The
project requires continued
collaboration with the Santa Barbara
Metropolitan Transit District (MTD),
and research of various micro transit
options such as electronic bike rental
programs.
No activity. Funds are being considered for reallocation to a business parklet program still in development.
Program: Emergency Services
Community Preparedness &
Engagement. The City’s Community
Preparedness & Engagement
Program is designed to engage and
empower Carpinteria residents by
providing them with preparedness and
response education and resources.
It is our goal to offer CERT trainings again in the fall of 2023.
CERT volunteers had an information table at the 2023
National Night Out and plans to have a table at the
Avocado Festival just like in 2022. CERT volunteers
helped with a request for an emergency shed update at
Sandpiper Mobile Home Parks
Community education has taken place at Communify,
San Roque Mobile Park and Kinderkirk Preschool in
2023.
Emergency Response Capacity
Building. To ensure effective and
efficient response to local
emergencies, strategic and long-term
emergency planning and capacity
building is critical. Through the
development of new plans, revising
previous plans and acquiring
resources that will aid emergency
responders and citizens, the City will
be taking active steps to ensure we
are ready to respond when an
emergency occurs.
The 2022 Local Hazard Mitigation Plan Update and the
Multijurisdictional Hazard Mitigation Plan Update were
approved by FEMA and CalOES in March of 2023 and
adopted by the City Council in April of 2023.
Incorporation of the plan into the Safety Element of
Carpinteria’s General Plan and grant closeout are
pending to be completed by April of 2024.
COVID-19 reimbursement sought for monies expended
in 2020.
Provided Councilmembers the information for FEMA selfpace study courses. One council member completed IS 100 and 700.
City Staff Training & Exercise. As
mandated by FEMA and Cal OES,
City Staff will participate in trainings to
maintain their FEMA certifications and
to increase their ability to 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.
Trainings to be held in the fall of 2023.
Program: Volunteer Services
Volunteer Management. Over 200
active volunteers assist City
Departments in a variety of capacities.
Volunteers provide critical support
through the HOST and CERT
Programs, as dog walkers, as
docents, and more. To continue to
manage and sustain a growing and
dynamic volunteer corps, critical steps
will continue to be taken to create
practices and procedures for
managing, recognizing, training and
communicating with volunteers and
minimizing risk within the program.
The 2023 HOST Season saw an increase in a dozen new
regular volunteers bringing the list to 52 after a significant decrease in 2022.
Active recruitment of volunteers is currently occurring with advertisement in the Coastal View News and
through the City online Newsletter.
Volunteer documentation is being updated using
resources provided by CJPIA.
A list of volunteer opportunities has been compiled to be made available on the website and upon request.
Program: Staff Recruitment &
Retention
Employee Training and
Development. To train managers and
supervisors in various management
skills critical to the long-term success
of the City, including training such as
maximizing employee performance,
succession planning, and risk
management. In addition, the project
will include the formal development of
City and department-level onboarding
procedures. The onboarding process
The City’s Human Resources department (HR) has
created career paths which allow City employees to gain experience in their current positions, with the opportunity for future growth, while also assisting with City’s
succession planning. In addition, HR revised the City’s annual performance evaluation document and process,
and provided training for supervisors that reinforces core values and recognizes employees for their commitment
to these values. The process emphasizes the role of
supervisors, improving accountability and acting as a risk management tool by focusing on the supervisor’s role in will be supported by development of
an annual training calendar including
a variety of developmental courses
such as writing for success, injury
prevention, and leadership.
promoting safety and developing staff. Training is offered through CJPIA, Leibert Cassidy Whitmore, League of
Cities, and others, and is encouraged and supported by
department program budgets. Development of City-wide
and department-level onboarding procedures are in
progress.
Program: Risk Management
Program: Records Management
Records Management Program
Update and Implementation.
Upgrade Records Management
Program & Retention Schedules and
improved related storage facility.
In Process.
The City hired a records consultant in July to (1) update the City’s current records retention schedules for all City departments; (2) review and update policies and forms
for destroying records and provide staff training; (3)
analyze the current file classification for the City Clerk’s Office and provide recommendations for restructuring,
including a new file classification system; and (4) provide a subscription service to provide updated retention
schedules per law changes and/or changes requested by
staff every other year.
In August, the records consultant met with each City
department to review their respective records retention schedules. Departments will provide any changes to the
consultant prior to review by the City Attorney’s Office.
The updated records retention policy and retention
schedules are anticipated to go before the City Council for approval in Fall 2023. Once approved, the consultant will provide City staff training on the records retention schedules and the process for destroying records that
have exceeded their required retention period. Once the new retention schedules are in place, each City
department will review the current records in their
possession and those records that have exceeded their
retention period and are not deemed historical will be
requested for destruction. All destruction requests will be signed off by the Department Head, City Clerk, and City Attorney prior to records being destroyed.
The consultant provided a new file classification system for the City Clerk’s records. Currently, all the City Clerk records are organized by topic. The new file
classification system is by record series (e.g.
agreements, agenda packets, etc.). The current file
structure has served the City well for many decades and allows staff to easily find a document; however, it is not useful when it comes to document retention as a variety of record types with differing retention periods are placed together. In order to incorporate the new filing system, the Clerk will determine which records may be destroyed and seek authorization to destroy them. The remaining
records will be split up according to their record type and organized chronologically. The Clerk will include a cross reference by topic in the new classification system for ease in searching and pulling documents.
Under the proposed records retention schedules, for the majority of record types, the paper record may be
destroyed after it is imaged and quality checked to
ensure it contains all significant details from the original and is an adequate substitute for the original document and it is placed on unalterable media. The City Clerk
intends to scan older documents such as Council staff
reports and destroy the paper record once the electronic record is quality checked. Staff is also looking into either obtaining a cloud system, an enterprise content
management system (such as OnBase or Laserfiche), or
using a separate drive to store and index all official and final records of the City.
The ultimate goal of this work effort is to reduce the
amount of paper records kept, free up storage space,
reduce costs, and provide efficiency in storing and
recalling the City’s official record.
Work on reorganizing the City Clerk files will be on an ongoing basis.
ADMINISTRATIVE SERVICES
2023 Work Plan Status
Activity Comments
Program: Financial Management Services
Dashboards and Financial
Transparency
Staff is working on updating the Administrative Service webpage on the City’s website to provide stakeholders access to relevant information in an easier-to-understand medium (i.e., charts and graphs instead of spreadsheets of information). Staff is also looking into various software to assist with providing more transparency.
Business License and ShortTerm Rental Enforcement
Program
The objective is to create an enforcement program in which three City departments, Administrative Services, Community Development- Code Compliance, and General GovernmentLegal Services, work together to ensure City-wide compliance with Business License and Short-Term Rental policies. With an increased tracking of license renewals, the idea is to increase the collection of various fees, and outreach to the community to ensure compliance with City policies. This has not been started.
Cost of Service Analysis The consultant was hired to perform a new Cost of Service Analysis on City programs that will provide a revenue-to-cost comparison system that can be used to determine the level of fees that would have to be imposed in order to meet the cost recovery percentages as stipulated by the City’s municipal code (CMC 3.34.040). This project is in progress and is expected to go to Council for approval of the new master fee schedule in September 2023.
Financial Policies and
Regulations Update
The objective is to make updates to various Carpinteria Municipal Code sections related to financial policies and regulations, including fiduciary, bonding, business license, and purchasing sections. Performed on an as-needed basis, updates to the Municipal Code ensure that the city’s policies and procedures will continue to safeguard City assets and ensure the City’s long-term financial health. The City has contracted with HdL Companies to update the Business License and
Transient tax codes. This will also include an analysis of the cost to administer the program. We have also contracted Bill Statler to assist with policy updates. The Budget and Fiscal Policy was adopted in June 2023 and Purchasing Policy scheduled for September 2023. Travel Policy and Cash Handling is drafted and scheduled for September 2023.
COMMUNITY DEVELOPMENT
2023 Work Plan Status
Activity Comments
Program: ADMINISTRATION
Digitize / Modernize
• Digitize remaining
approved building plan
sets and address files.
• Lease/purchase a large
format scanner
Create Advanced Planning
Division
• Fill vacant Principal
Planner position
• Fill vacant Assistant /
Associate Planner
position
Ongoing. The Department continues to move forward scanning approved building plans, project files and address files.
The effort to lease / purchase a large format scanner has been put 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 been sending all large format approved building permits to an outside scanning service to ensure we have all approved building permits in an electronic (.pdf) format. The cost for this service is charged to the building permit applicant.
Ongoing. Recruitments are currently underway to fill the vacant positions in the newly established Advanced Planning Division.
The Principal Planner recruitment closed on August 2nd and the Assistant / Associate Planner recruitment closed on August 14th.
Applicants who met the minimum qualifications for the positions are currently being screened and top candidates are being interviewed through the end of this month and into September. It is expected that both positions could be filled in October 2023.
Program: ADVANCED PLANNING: Design Standards and Guidance Downtown Design Overlay
• Prepare draft
Downtown Design
Overlay Ordinance
• Complete adoption of
Downtown Design
Overlay Ordinance
Neighborhood Design
Guidelines
• Prepare / update
neighborhood design
guidelines for the City’s
6 community sub-areas
• Complete
administrative adoption
of neighborhood
guidelines
Ongoing. Work on the Downtown Design Guidelines
commenced in April 2021 and is ongoing. The consultant team hired to help develop the Downtown Design Guidelines is currently finalizing the administrative draft. The public draft of the Guidelines is expected to be released in late 2023, and review/adoption of the Overlay is expected to carry over into 2024. Portions of Overlay work funded by SB2 grant must be completed and invoiced by September 30, 2023.
On Hold. Updates to the Neighborhood Design Guidelines
have been deferred as other more pressing Advanced Planning projects move forward. Once higher priority tasks are
completed, work on these Guidelines will recommence, and will include review by the Ad-Hoc Design Review Committee, ARB, and Planning Commission, and adoption by the City Council.
Program: ADVANCED PLANNING: General Plan / Coastal Plan Update General Plan / Coastal
Land Use Plan Update
• Prepare Draft
General/Coastal Plan
Update Document
• Prepare CEQA
Document
• Complete adoption of
General Plan/Local
Coastal Land Use Plan
Update
Sea Level Rise
Vulnerability Assessment
and Adaptation Plan
Ongoing. This represents a multi-year project. The
Department retained the services of WSP USA Environmental & Infrastructure, Inc. (formerly Wood Environment & Infrastructure Solutions, Inc.) to prepare the City’s General Plan/Coastal Plan update in May 2017, with the first contract amendment in May, 2018, followed by a second in September 2019, and a third contract amendment was completed in September 2022.
The draft Elements including the policies reviewed by the General Plan Update Committee and Coastal Commission are in various stages of internal review before the initial public review review by the Planning Commission. The accompanying CEQA EIR is currently being prepared.
Complete. The Sea Level Rise Vulnerability Assessment and Adaptation Plan (SLRVAAP) is complete, although periodic updates are planned to keep the document current. The
SLRVAAP is being utilized in support of the City’s Living Shoreline Adaptation Project.
Program: ADVANCED PLANNING: Zoning Code Updates
Accessory Dwelling Units
(ADUs)
• Update and adopt ADU
regulations to reflect
current state law
• Prepare pre-designed
ADU building plans for
use by public
Formula Business
Regulations
• Prepare & adopt
permanent regulations
governing formula
businesses
Comprehensive Zoning
Code Update
• Complete specific high
priority zoning code
updates (e.g. density
bonus, SB 9, CDP, sign
regulations, etc.)
• Complete
comprehensive update
Ongoing. The City’s ADU ordinance was comprehensively
updated in 2021-22 and adopted in Feb. 2023, and is currently in effect. Approx. 11 ADU applications have been submitted to date. A new round of amendments to the ADU ordinance are currently underway (initiated August 2023) to respond to latest changes to state law that took effect in 2023.
The City’s grant-funded pre-designed ADU building plans were made available to the public in July 2023. First permit submittals using the plans are expected in late summer/fall 2023.
Complete. Citywide formula business regulations were drafted in 2022, certified by the Coastal Commission in June 2023, adopted by the City Council in July 2023, and took effect on August 9, 2023.
Ongoing. The comprehensive update of the entire Zoning
Code has been a multi-year effort that is currently paused while updates to specific high priority sections of the Zoning Code are being worked on. These high priority work efforts typically relate to changes to state law (e.g., ADUs, density bonus, SB 9 lot splits) or Council priorities (e.g. formula business regulations).
Several of these high priority updates have been initiated and are presently underway, including density bonus and coastal development permit and a suite of amendments related to the of entire Zoning Code preservation of affordable housing (anti-displacement legislation)
Program: ADVANCED PLANNING: Housing Element Update & Response to State Housing Legislation
• Staff Report/Public
Workshops
• Planning Commission
and City Council
Hearings
• Submittal to Coastal
Commission
Ongoing. The completely updated ADU-JADU Zone Code
Section has had extensive review by the Coastal Commission and HCD subsequent to an initial review by the Planning Commission and City Council in late 2021. On August 1, 2022, the Planning Commission held a public hearing on the draft Ordinance and recommended that with minor clarifications, it is ready for a first read by the City Council in September 2022.
A formal request to initiate required revisions to the Density Bonus provisions is also expected to occur in September 2022, along with a new CDP Section of the Zone Code a new Section addressing SB 9 ministerial lot splits and permitted duplexes on single family lots. Refer to the Advanced Planning Project List below.
Program: ADVANCED PLANNING: Project List
Work Underway:
• General Plan / Coastal Plan Update
• Housing Element Update
• ADU / JADU Regulations Update
• Density Bonus Update
• Anti-displacement Regulations
Update
• Downtown Design Overlay
• CDP Zone Code Update
• Soft Story Building Regulations
• Safe Parking Regulations
• Multi-family Residential Smoking
Regulations
Pending Projects:
• Zoning Code Updates in response to
Housing Element Update
• SB 9 Lot Split Ordinance Regulations
• Co-ownership Property Moratorium
• Co-ownership Property Permanent
Regulations
• Wireless Regulations Update
• Subdivision Ordinance Update
• Sign Regulations Update
• Neighborhood Design Guidelines Update
• Short Term Rental Ordinance Updates
• Entertainment License Updates
Program: DEVELOPMENT REVIEW & BUILDING
Large Projects
• Carpinteria Farm,
Hospitality & Residential
project
• Lagunitas Mixed-Use
project
• Surfliner Inn
• 4745 Carpinteria Ave
Mixed-Use project
• 700 Linden Adaptive Reuse project
Ongoing. Several large and high profile projects have been submitted in 2023 and are currently under review, including the Carpinteria Farm, Hospitality & Residential project, the Lagunitas Mixed-Use project, the Surfliner Inn, and the 4745 Carpinteria Ave Mixed-Use project. Upon completeness
determination, these projects will proceed into preliminary review with the ARB and environmental review under CEQA during the latter half of 2023 and into 2024.
The 700 Linden Adaptive Re-use project is currently under construction and is anticipated to be complete by summer 2024.
Program: BUILDING & SAFETY
Vulnerable Building
Assessment and Policy
• Identify potential softstory structures
• Prepare & adopt
Ordinance to facilitate
necessary retrofits
Ongoing. Potential “soft story" buildings have been identified and work has begun to review the building and engineering plans on file for these structures in order to determine if retrofits are needed.
Following initiation and a first read of the proposed soft story Ordinance, a well-received public workshop was held on
February 22, 2020.
The City intends to return for a first read with a revised Ordinance by Fall 2023.
Program: CODE COMPLIANCE
Multi-family Residential
Smoking Regulations
• Prepare and adopt
Ordinance to regulate
smoking in multi-family
residences
Camping Regulations &
Abandoned Property Policy
• Prepare and adopt
updates to the City’s
camping regulations
and abandoned
property policy to
reflect current state law
Ongoing. Preparation of an administrative draft Ordinance is underway. The public draft Ordinance is anticipated to be ready to present to the City Council for a first reading in fall 2023.
Complete. Updates to the City’s CMC regulations related to public sleeping and camping were adopted by the City Council on May 8, 2023 under Ordinance No. 765. Updates to the City’s Abandoned Personal Property policy was finalized in July 2023.
The changes were necessary in order to bring City regulations into conformance with current law.
PUBLIC WORKS
2023 Work Plan Status
Activity Comments
Program: Public Works Administration
Community Broadband In November 2021, the City Council approved the Memorandum of Understanding with the Santa Barbara
County Association of Governments (SBCAG), County of
Santa Barbara (County), and the cities of Buellton, Goleta, Guadalupe, Lompoc, Santa Barbara, Santa Maria, and
Solvang concerning the preparation of the Santa Barbara County Regional Broadband Strategic Plan (BSP). In
November 2022, the City Council accepted the final BSP. In December 2022, SBCAG Board of Directors approved the final BSP.
Local Agency Technical Assistance (LATA) Grant
In May 2023, the California Public Utilities Commission (CPUC) approved a LATA Grant in the amount of $1M to the joint grantees of the County and SBCAG for implementing the BSP including preliminary broadband network design,
programmatic environmental impact report, and joint powers authority establishment.
Regional and Statewide Middle Mile
Statewide, the State of California Department of Technology continues to advance middle mile efforts through the mapping.
Regionwide, another middle mile is being worked on by both the Chumash Tribe and Econ Alliance called the North County Fiber Ring, which proposes to provide redundancy and
resiliency for Santa Ynez Valley and Los Alamos among other areas.
Digital Literacy and Affordability Programs
SBCAG is participating in efforts with the Santa Barbara Foundation in order to expand digital literacy and ensure this continues to advance. Similarly, SBCAG is working with the Broadband Consortium of Pacific Coast in order to ensure Internet Service Providers are creating or expanding programs to improve affordability to meet grant program funding goals.
Internet Service Providers
The City is currently permitting Frontier Communications with its citywide fiber optic installation project.
Program: Capital Improvements
Carpinteria Avenue Bridge
Replacement Project
No significant updates. The eminent domain proceeding is complete. Right of 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 still estimated in fall 2024. The construction phase is not programmed in the Fiscal Year 2023/24 Capital Improvement Program Budget.
City Hall Campus
Improvements Project
In December 2022, the City Council authorized the design of the replacement of the City Hall sewer lateral and related parking lot pavement and storm drain work. The design is significantly complete, and start of construction is estimated in summer 2023.
City Hall Storage
In May 2023, the Planning Commission approved the
Development Plan and Coastal Development Permit for the conceptual design of the City Hall storage facility. The design (preliminary and final designs) and construction phases are not programmed in the Fiscal Year 2023/24 Budget.
City Hall Solar Energy
Generation and Storage
Project
No significant updates. The joint request for qualification (RFQ) and request for proposal (RFP) were released in 2022, and the City was written into a grant application. Currently the City of Carpinteria and Carpinteria Valley Water District are waiting to hear if that grant will be awarded.
Rincon Multi-Use Trail Project Plans, specifications, and estimate still 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 Impact Report (Focused EIR) is
complete. Public outreach campaign with stakeholders is complete.
At its special meeting of May 15, 2023, the City Council selected Alternative 3 (Steeper Slopes and Reduced
Earthwork), which is the environmentally superior alternative per the Focused EIR.
The design (preliminary and final designs) and construction phases are not programmed in the Fiscal Year 2023/24
Budget.
PARKS, RECREATION & COMMUNITY SERVICES
2023 Work Plan Status
Activity Comments
Program: Parks, Recreation & Community Services Administration Harbor Seal Advisory
Committee
Off-Leash Dog Park, Pickle
Ball Facility
Art in Public Places
Maintenance Building
Department Staffing
Staff facilitated 6 meetings of the City Council Appointed Harbor Seal Advisory Committee and authored a report with committee recommendations that was considered at the July 10 City Council meeting.
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 (Lagunitas Park). Pickle ball courts and general park amenities are also included.
The off-leash area at El Carro Park has been closed. A new pilot project at Monte Vista Park has been designed (in-house) with an estimated project cost of $20,000; however, the project is not part of the FY23/24 budget. It is a fully fenced design in contrast to El Carro Park that had no fences.
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.
In the spring of 2023, the City restored much of the paint work in the Tomol interpretative play area including a new marine mammal mural along the main entry.
Design and permitting in progress; however, the project is not part of the FY23/24 budget.
The objective is to integrate new staffing positions to best deliver facility inspections and maintenance services.
--Park Ranger. No activity. This position was not budgeted for FY23/24.
--Parks & Facilities Attendant. Staff is currently working on drafting a job description and developing the timeline for hire.
Program: Capital Improvements Strategic Priorities
Carpinteria Skate Park
Completion and Operation
Construction of this project has been completed. A ribbon cutting celebration took place on August 26, 2023. The skate park is open to the public. The City is partnering with the Carpinteria Skate Foundation to provide youth and teen
programming. We have also developed the Carpinteria Skate Park webpage and created QR codes to be included in the park signage for easy access to the webpage by the park users.
Playground Structure
Replacement
The new playground at Monte Vista Park was completed in June. It has been very well received by the community. The design of the new play structure has a forest theme that blends nicely with the trees at that park and provides a safer design that is more inclusive and accessible.
Carpinteria Community
Library Improvements
City is finalizing negotiations with the County on the building’s lease terms and working to further improvements to the
library’s accessibility and to replace the monument sign.
City is working to renew the Seaside Building Lease that houses the Used Book Store operated by the Friends of the Library.
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 Land and Water Conservation Fund (LWCF) program
was not successful. An interim park project is being evaluated until funding can be identified for the permanent park project.
Plans for the permanent and interim park have been prepared.
Rincon Bluffs Preserve
Carpinteria Bluffs III
Improvements
The objective is to design and permit improvements to the Carpinteria Rincon Bluffs Preserve. The 23-acre property is permanently protected as open space with native habitat and 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 has been submitted but was not
awarded. An RFP for environmental services was issued and two responses were received. The two submittals were
reviewed with COSMAB and the Land Trust. The project path is to get permits and then seek funds for construction.
Linden Avenue 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. State parks is reviewing the project application and plan set.
Carpinteria Community Pool
Swim Lesson Pool
No activity. This project is not part of the FY23/24 budget.
Program: Capital Improvements Carpinteria Coastal Trail Carpinteria Coastal Vista Trail Discretionary permits have been granted for the trail improvement across the south side of 6155 Carpinteria
Avenue.
The next step is to demolish an out building at the site and install a fence between the public trail easement and the commercial use area there. The unpermitted 3,000 square foot building has been demolished and a rough in trail has been opened. The Habitat Conservation Fund (HCF)
Acquisition Grant has been closed out. This grant funded 50% of the trail acquisition. A 2nd HCF grant application has been submitted to fund 50% of the construction costs. No word yet on the success of that application.
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.
This interim trail has been constructed and is now open to the public
City of Carpinteria
COUNCIL AGENDA STAFF REPORT
August 28, 2023
ITEM FOR COUNCIL CONSIDERATION
Together We Thrive: A Community Resource and Engagement Fair Debrief and Survey Report.
STAFF RECOMMENDATION
Receive and file Together We Thrive: A Community Resource and Engagement Fair Debrief and Survey Report.
Sample Motion: I move to receive and file the Together We Thrive: A Community Resource and Engagement Fair Debrief and Survey Report.
BACKGROUND
"Together We Thrive: A Community Resource and Engagement Fair" was a successful event, laying the foundation for a series of district-focused gatherings. The event was strategically designed to invigorate engagement within Districts 1 and 2, with a special emphasis on families residing near Aliso School, whom traditionally have been less engaged with local government. This pioneering initiative, championed by Councilmember Solorzano and Vice Mayor Alarcon, seamlessly aligned with the Civic Engagement Community Promotion and Communication Workplan item, which has as its goal to bring local resources, city information and elected officials closer to the community.
The journey from conceptualization to execution spanned a condensed five-week period, commencing with a brainstorming session and culminating in the actual event day on May 20,2023. Central to this vision was facilitating efficient communication with City Hall, and learning and understanding localized concerns. There was a range of activities available including music, craft for kids, a raffle and an opportunity for attendees to learn about community organizations and city resources available to them.
Vice Mayor Alarcon, Councilmember Solorzano, communications consultant Lea Boyd, Librarian Jody Thomas, Environmental Program Manager Erin Maker, and Program Manager Olivia Uribe Mutal played pivotal roles in orchestrating the event. ·•-Jl,j"
Together We Thrive: A Community Resource and Engagement Fair Debrief and Survey Report.
August 28, 2023
Organizations that participated and thereby added significant value to the event's offerings included: Parents for Aliso, Housing Mediation Task Force, Carpinteria Summerland Fire Protection District, Santa Barbara Sheriff's Office, CERT, LISTOS, Girls Inc., The Alcazar Theater, Carpinteria Beautiful, Muralism, Hope Net, and Carpinteria Children's Project. Staff from various city departments including General Government, Community Development, Public Works, Parks Recreation & Community Services, and the Salt Marsh docent were actively engaged, answering questions and enriching the event's multifaceted character.
The event's success was intrinsically linked to meticulous planning, underscored by collaborative engagement. This encompassed a series of four essential meetings, a site walkthrough, and a concerted effort to reach out to the community. Methodical outreach initiatives, included spanning newsletter announcements, strategically placed flyers (Attachment A), and direct engagement by councilmembers with their respective districts, effectively ensured widespread participation.
The event yielded tangible outcomes, including newsletter sign-ups, an engaging raffle experience, bilingual materials including a city resource and contact lists, board/commission vacancy list and city-branded materials. The incorporation of public safety entities sparked remarkable interest, especially among younger attendees who · had the chance to ride the fire truck, interact with the Sheriff Patrol, test out the drone, and witness a demonstration of the jaws of life. Collaborative involvement from community organizations provided a holistic and enriching experience for all participants which included roughly 50 members of the public.
A primary purpose of this report is to acknowledge success and lessons learned in order to inform planning for future events. Enhancing outreach to the Spanish-speaking community emerged as a priority, aiming for heightened inclusivity. Suggestions to consider event timing, weather preparedness, healthier snacks, and engaging activities for older children underscored our commitment to continuous improvement.
The "Together We Thrive" event resonated as a resounding testament to the potential of community synergy, strategic foresight, and shared dedication to elevate Carpinteria's vibrancy by allowing residents to engage in conversations, ask questions, meet city staff, and forge new connections with nonprofits serving the community, emergency personnel and neighbors. By leveraging our successes and embracing invaluable lessons, the city is poised to enhance the impact of upcoming council districtfocused events with councilmembers and staff partnering to design events that best suit each district. The events hold the prospect for fostering deeper community bonds and community resilience.
G:\CC Staff Reports\2023 0828\Final\Together We Thrive - Event Debrief and Survey Report Out\TWT Staff Report.docx
Together We Thrive: A Community Resource and Engagement Fair Debrief and Survey Report.
August 28, 2023
Survey Report:
A component of the event was taking advantage of bringing people together by developing a survey to gather feedback from event attendees regarding the effectiveness of the services being provided and to identify the community's needs that can be addressed. Developing this bilingual survey was the heavier lift of this idea, therefore the organizers decided to extend its reach by making it available online.
The City received 107 surveys in total, with 79 completed on line and 28 completed in person at the Together We Thrive Community Resource and Engagement Fair. The survey was also offered as a bilingual (English/Spanish) hard copy at the event, and an advertisement with a QR code was placed in the Coastal View News the week following the event (Attachment C). The link to the survey was also included in The Current, the City's newsletter.
The survey focused on the following areas: Communication Preferences, Services Utilized, Neighborhood Challenges and Resources. Additionally, questions were asked to learn about Key Concerns, ADU Awareness, Transportation Preferences and Needs, Law Enforcement Perception, and Community Belonging. See detailed responses in Attachment B.
This survey responses provide a snapshot of community sentiments and should not be used to represent the entire population. Nonetheless, the data collected presents a valuable opportunity to refine our communication strategy and gain deeper insights into the needs and concerns of Carpinteria residents.
The survey findings underscore the significance of enhancing education and outreach, advancing transportation options, and nurturing inclusivity within the community for the betterment of Carpinteria.
The survey outcomes offer vital insights to city administration and the council, which is expected to help the city to address challenges and opportunities. It is expected that the survey data, over time, will assist city leaders in developing and prioritizing policies, projects, and community engagement initiatives to address resident concerns. These results also bolster existing initiatives that are already city priorities, empowering the council and city administration to make informed decisions that enhance the quality of life in Carpinteria by understanding resident needs and concerns.
As indicated above, the intent of the survey is to conduct similar surveys on an annual basis. This approach allows us to aggregate data over time, providing us with a comprehensive understanding of evolving community sentiments. Our aim is to publish the results transparently, thereby contributing to open communication and informing city decision-making in a well-rounded manner.
G:\CC Staff Reports\2023 0828\Final\Together We Thrive - Event Debrief and Survey Report Out\TWT Staff Report.docx
Together We Thrive: A Community Resource and Engagement Fair Debrief and Survey Report.
August 28, 2023
POLICY CONSISTENCY
This work implements and is consistent with the purpose of the Civic Engagement Community Promotion and Communication Workplan Item and the City's Sustainability Policy (Resolution No.5500), which states, among other objectives: "Implement programs which promote interactions and communication between neighbors, including internet-based social programs and local community groups."
FINANCIAL CONSIDERATIONS
The City's expenses encompassed various items, including printing costs for the ADU poster, advertising expenses for the 'Thank you' Ad in the Coastal View, as well as costs associated with banners, canopies, tablecloths, and raffle items. It's worth noting that certain items will be reused for future events.
OPTIONS
1. Approve and file Together We Thrive: A Community Resource and Engagement Fair Debrief and Survey Report.
2. The City Council could choose not to approve the recommendation and provide further direction to staff.
ATTACHMENTS
Attachment A: Event Flyer
Attachment B: Community Survey Narrative and Results.
Attachment C: Coastal View News Ad
Staff contact: Olivia Uribe Mutal, Program Manager
(805) 755-4401, [email protected]
Reviewed by: Dave Durflinger, City Manager
(805) 755-4400, [email protected]
G:\CC Staff Reports\2023 0828\Final\Together We Thrive - Event Debrief and Survey Report Out\TWT Staff Report.docx
ATTACHMENT A
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ATTACHMENT 8
Together We Thrive - Community Survey Narrative
Introduction
This survey was created by Vice Mayor Natalia Alarcon, Council member Monica Solorzano, Communications Consultant Lea Boyd of Two Trumpets, and city staff including City Librarian, Jody Thomas and Program Manager, Olivia Uribe Mutal.
Purpose
The purpose of the survey was to gather feedback from event attendees and on line respondents regarding the effectiveness of the services being provided and to identify the community's needs that can be addressed. City leaders can address resident concerns by developing and prioritizing policies and projects, as well as promoting community education and engagement. Furthermore, it's important to note that the intent of the survey is to establish a recurring pattern for future events, conducting similar surveys on an annual basis. This approach allows us to aggregate data over time, providing us with a comprehensive understanding of evolving community sentiments. Our aim is to publish the results transparently, thereby contributing to open communication and informing City decision-making in a well-rounded manner.
Survey Distribution
The City received 107 surveys in total, with 79 completed on line and 28 completed in person at the Together We Thrive Community Resource and Engagement Fair. The survey was also offered as a bilingual (English/Spanish) hard copy at the event, and an advertisement with a QR code was placed in the newspaper the week following the event. The link to the survey was also included in The Current, the City's newsletter. It is important to note that not all participants answered every question on the survey, so the results may not be representative of 107 responses.
Districts: District 5 had the highest level of engagement, followed by District 1. Districts 2, 3, and 4 had lower levels of engagement.
Ages: Among online respondents, the 65+ age group had the highest participation, while the 35-54 age range was most engaged in the in-person survey. Combining both surveys, the 65+ age group showed the highest overall interest, followed closely by the 35-54 age range.
Communication Preferences: The survey found that online sources were the preferred choice for obtaining information, with the City Newsletter being the most popular option, followed by Coastal View News and social media. However, a notable portion of respondents in the in-person survey expressed their preference for receiving information in person.
Services Used: The survey revealed that the beach (87 mentions), community parks (80 mentions) and the library (70 mentions) were the most popular services, followed by the pool (28 mentions), senior programming (12 mentions), and the permit process (18 mentions). Other notable services included rental barbecue sites (7 mentions), and rental of the Veterans Building (3 mentions). Additionally, residents expressed interest in services related to roads, bikeways, sidewalks/streets, shops, e-waste, trails, bluffs, and pickleball courts.
Neighborhood Challenges: Safety emerged as a significant concern, mentioned by 27 respondents.
Graffiti, cleanliness/trash services, and parking were also common issues raised. Other challenges highlighted included poor road conditions, homelessness, gentrification, and lack of enforcement of vacation rentals.
Resources to Add in Neighborhoods: The survey provided valuable feedback from residents regarding City services and resources they would like to see more of in their neighborhood. The feedback received is categorized by department and summarized below:
• General Government: Residents emphasized the importance of evacuation/emergency preparedness plans. They also expressed a desire for increased community events, better communication about available resources, and improved law enforcement community liaisons. • Community Development: Residents highlighted maintaining existing planning without violating regulations and addressing issues such as bikes and scooters on sidewalks. Residents also called for better parking management and enforcement, enforcement of short-term rental ordinances, and code enforcement to maintain neighborhood integrity. • Parks & Recreation & Community Services: Residents called for more senior and teen services.
Requests also included the establishment of community gardens and dog parks, permanent pickleball courts, and improved beach conditions. Residents also expressed the need for recreational programs, better park facilities, and improved accessibility to the beach. • Public Works & Facilities: Improving bike lanes and cycling safety, addressing pavement and road repairs, and constructing sidewalks were mentioned. Residents also called for better street sweeping, sign age for stores, and maintenance of trees. Environmental initiatives, efficient large item pick-up, and creek restoration were also raised.
• Other: Suggestions encompassed various areas, such as opening Aliso playground, implementing a city shuttle, and providing homework help for kids. Residents also mentioned the need for affordable housing, senior shuttles, and improved public transportation. Preserving the unique character of Carpinteria, advocating for tenants' rights, and supporting mental health services were highlighted.
Housing Concerns: The majority of respondents expressed concerns about housing affordability, with 75 respondents indicating this as an issue. Additionally, 44 respondents mentioned the need for increased availability of housing options.
Important Issues to Carpinterians: The survey results offer valuable insights into the key concerns of Carpinteria households, which include connection to neighbors, public safety, preservation of Carpinteria's character, access to nutritious and healthy food options, transportation, and involvement in decision making.
ADU Awareness: In the survey, participants were asked if they were aware of Accessory Dwelling Units (ADUs) and how to obtain more information on building them. The results showed that 68 respondents out of the total 102 were aware of AD Us and knew how to access additional information. On the other hand, 34 respondents indicated that they were not aware or did not know how to get more information about ADUs.
Transportation Use: The survey found that cars are the most popular mode of transportation, followed by walking, then, biking. This information can be used to improve transportation options and make the community more walkable and bikeable.
Transportation Needs: According to the survey findings, respondents expressed their interest in several areas for improvement, including enhanced bike paths, increased frequency of train services, and a strong desire for the revival of the Seaside Shuttle, which unfortunately will not be reinstated.
Additionally, respondents highlighted the necessity for improved bus routes and reliable rideshare services.
Law Enforcement: The survey found that the community's perception of law enforcement is predominantly positive. The majority of respondents rated their perception as either extremely positive or mostly positive.
Belonging: The survey found that a majority of respondents feel a strong sense of belonging and connection to the larger Carpinteria community. However, there were some respondents who did not feel as connected to the community, citing reasons such as isolation, challenges in meeting people, changes in the community, and feeling excluded.
Conclusion
In conclusion, it's crucial to acknowledge that this survey provides only a snapshot of community sentiments and doesn't represent the entire population. Nonetheless, the data collected presents a valuable opportunity to refine our communication strategy and gain deeper insights into the needs and concerns of Carpinteria residents.
The survey findings underscore the significance of enhancing education and outreach, advancing transportation options, and nurturing inclusivity within the community. These areas are pivotal for the betterment of Carpinteria.
The outcomes of this survey furnish city administrators and policymakers with essential insights to confront the challenges and possibilities confronting the Carpinteria community. Moreover, these results lend additional weight to ongoing initiatives that have been prioritized by City leaders. By comprehending the needs and concerns of our residents, city leaders are empowered to make wellinformed decisions, thus paving the way for an improved quality of life in Carpinteria. Your participation has been invaluable in shaping our collective journey towards a brighter future.
Together We Thrive - Community Survey Results
DEMOGRAPHICS
District: (Choose from Districts 1-5)
□ 1 □ 2 □ 3
DISTRICTS
□ 4 □ 5
■ Online ■ In Person
1 Age: Select age range
□ 19-34
2 3 4 5
□ 35-54 □ 55-64 □ 65+
AGE RANGE
■ Online ■ In Person
19-3 4 3 5-5 4 55-64 65+
1 2
COMMUNICATION
1. How do you receive information from the City? (Select multiple options) Other: Council meetings; word of mouth; Nextdoor {3); email; through Olivia; Council Attendance; SB NewsPress, Independent; website; HOST program
D City Newsletter
D Coastal View News
D Social Media
D Other:
CURRENT COMMUNICATIONS
■ Online ■ In Person
CITY NEWSLETTER COASTAL VIEW
NEWS
SOCIAL MEDIA 0TH ER
2. How would you like to receive information from the City? (Select multiple options) D City Newsletter/email D Social Media
D Newspaper
D Other: Nextdoor (2); more frequent e-newsletter; texts (for emergencies); Council attendance; website; HOST program;
COMMUNICATION PREFERENCE
■ Online ■ In Person
CITY NEWSLETTER COASTAL VIEW
NEWS
SOCIAL MEDIA - OTHER
3 SERVICES
3. Which City services do you use the most? (Select multiple options) □ Carpinteria Community Library □ Community parks
□ Pool □ Rental: BBQ sites
□ Senior Programming □ Rental: Veteran Memorial Building □ Permit process (i.e., business licenses, building □ Beach permits) □ Other:
Roads, bikeways {3); sidewalks/streets; shops, e-waste(2); trails(3); bluffs(2); pickleball courts;
CITY SERVICES MOST USED
■ Online ■ In Person
OTHER
BEACH
RENTAL: VETS BLDG. El!
RENTAL: BBQ SITES
COMMUNITY PARKS
PERMIT PROCESS
SENIOR PROGRAMMING
POOL
LIBRARY
4 4. Do you use the Carpinteria Community Library?
□ Yes □ No {If not, why not?)
Didn't have time to go yet, but I will I not much of a reader; not familiar with new system, no programs for my kids' ages on days that work; haven't needed to go yet; Don't read much; Have big library of my own; I don't use it that often because I have the internet and ChatGPT; I get books from people I know; I'm a very part time resident; It's on the bucket list; no card; No info - not promoted; No need (S);The hours aren't convenient for me; World Wide Web
DO YOU USE THE CARPINTERIA COMMUNITY
LIBRARY?
■ Online ■ In Person
~- ~,,,~_Jiirl;~ . .i!if~.?:~]
15 YES NO
5. What are the biggest challenges in your neighborhood? (Select multiple options):
Freeway overpass going to aliso from memorial park; homeless(S); cars speeding on Carp Ave, added traffic on carp Ave since completion of new exit; cleanliness at beach; shuttle downtown; cleanliness of sidewalks; need pedestrian lights at mi fiesta market corner; Equity in schools (CUSD/CMS); shelter (temps emergency weather); more community events; Lack of sidewalks throughout downtown for safe and accessible walking/whee/chairing; GentrificaHon; Loss of community with growing number of second homes and absentee ownership; Poor road conditions on Via Real; Vacant houses (loss of revenue); Owners not cleaning up after their dogs; People not following laws/regulaHons (e.g., walking bicycles across footbridge); Need more landscaping in parkways; Places to let my dog run and play; MAGA neighbors; Illegal car camping, recycling bin harvestinq; Occasional theft by outsiders; vector control & unkempt open public spaces within the housing community - 6th street; No safe sidewalk on Cravens Lane; Dredging making the ocean too dirty to use; Bike safety; Mow and blow gardening services too much, too loud; Density of multiple families per residence; The noise polluHon of the freeway. More trees planted near the freeway would buffer the noise; Dog poop on the sidewalks conHnually!; Bicyclists not adhering to rules of the road such as riding inside the bike lanes, single file, and stopping at stop signs; Lack of enforcement of vacation rentals, too many unlicensed rentals, and resultinq lack of housing for persons working in this community; Shuttles for the elderly; Cars drive too fast □ Safety □ Parking □ Pedestrian Safety (e.g.,
□ Graffiti □ Pavement crosswalks)
□ Cleanliness/trash services □ Access to public □ Other:
□ Lighting transportation
Together We Thrive - Community Survey Results
NEIGHBORHOOD CHALLENGES
■ Online ■ In Person
OTHER
PEDESTRIAN SAFETY
TRANSPORTATION ACCESS
PAVEMENT
PARKING
LIGHTING
CLEANLINESS/TRASH SERVICES
GRAFFITI
SAFE TY
24 -~ •'_,' : 8
6. What City services or resources would you like to see more of in your neighborhood? KUDOS: city is doing a great job!;. looking forward to the skate park; It's all good in my local neighborhood; services are good at this time;
General Government
evacuation/emergency preparedness plans {2}; senior services {4}; teen services; more community bulletin boards; regulation of e-bikes; more effective bilingual law enforcement community liaison; More police patrols (6); More community events to build relationships with neighbors; Monitoring vehicle traffic; More communication about what is available in the city; Knowledgeable and more helpful Sheriffs in civil matters; Community events; Community Development
Maintain existing planning without violating current height and density; Police - citations for bikes and scooters on sidewalks; design guidelines; Parking management and enforcement {4); Code enforcement; more parking; enforce the short-term rental ordinance & tax second homes(2); Code enforcement of overcrowded houses; Parks & Recreation
community gardens, dog parks; permanent pickleball courts/ more open play pickleball; Dedicated dog park (5); The beach and the care for our beach has gone downhill in the last five years. It's no longer regularly combed, the berm stays up through most of the year making it hard to access, and all of the dumping has made the water much less enjoyable as well as dark melt and sometimes dangerous due to debris; Parks and Trails; Recreation programs for adults; park 5 6
Public Works & Facilities
Bike Lanes(2); Cycling safety; pavement(S), road repairs; build out sidewalks on 8th and 9th streets; traffic (speeding) controls; street repaved not just slurry coated; trash cans for the visitors walking in the area; cleanliness and repairs of sidewalks(3); Street sweeping is not effective because residents don't understand the schedule and park on the street and the sweeper can't do their job.; Better signage for stores off the main road; Better sidewalks along more traveled streets such as Holly Avenue from Fifth to Seventh street and Eight and Seventh between Holly Ave and Linden Ave.; Maintain trees(2);tree planting, publish the city's prioritized list of road improvement projects; Landscaping (2) in parkways; Carpinteria Ave is just dirt, dog poop, and graffiti lazily covered up; Better way to compost- there should be a separate "trash" can for compost; Fix pot holes on Via Real; Pick up of large items left in front of individual homes; Sidewalk extension on Palm; creek restoration; speed control on Palm Ave; environmental - no pesticides; Recycling machines like in Japan.
OTHER
open Aliso playground to the public; city shuttle (6); homework help for kids, beach cleanup; a coffee shop; more Wi-Fi spots (2); Affordable housing; Senior Shuttles; more transportation for seniors; Protection of the small diverse beach town essence that is Carpinteria; More Robust Tenants Rights; Public transportation(2); better bus service; Children's summer programs; More housing; Would like to see the new 19x bus line go out to Bailard Ave. Really want to see improvement in the local schools. Teachers aren't paid enough and we have high turnover of teachers and principals; Low income housing; Vector control and weed abatement- 6th street; Rent control like Pasadena just passed; Build the train hotel!; Local mental health services.
7. What are your concerns regarding housing? (Select multiple options) NIMBYism. We need more inventory that is thoughtfully planned. Too Many people against building; houses getting too big; workforce housing; housing availability for seniors; developer driven permit building; Overdevelopment (2); Preserving neighborhoods; Sensible infill development not imposed by County or State; Balancing quality of life and high-density affordable housing; Development in agricultural boundary areas;Badly maintained apartment buildings; Too much affordable housing building; The unhoused; State government overriding self-government; Slum lords; High density, too many vacation rentals, lack of parking, conversion of prime agricultural land, crowded beaches, crowded trails; Rent control; Gentrification and lack of low-income housing; Protection from griftersl; Mass production of high-density housing; The amount of essentially vacant second homes; Better planning; Lack of long-term rentals due to STR conversions; Keeping monthly mobile home fees low for seniors D Affordability (23) D Other: (3)
D Housing market availability (12)
HOUSING CONCERNS
■ Online ■ In Person
I
~
32 .. • ...... ._ .... _. •• .... t- ..,,._ :,t, .,.,. • 20 AFFORDABILITY AVAILABILITY OTHER
7 8. Which issues are important to your household? (Check all that apply) Equity Education for Latino/Spanish-speaking residents; slow growth; quality afterschool or summer programs for youth (in Summer/and); Homeless overtaking bike path/creek; Off-leash dog park; Ability to live AND work in Carpinteria; Maintaining basic City services; Architectural design reflecting Carpinteria's history and heritage; Keep Carpinteria from becoming like other overbuilt coastal towns; Bailard Farm becoming an educational center for youth on sustainable living and regenerative farming
D Work/Job training D Caring for a family member who cannot care for D Feeling connected to neighbors
D Childcare
D Public safety
D Cost/Access to healthy food
D Quality of affordable pre-school
D Accessibility for people w/disabilities
D Involvement in local decision making
D Quality after-school or summer programs for
youth
D Access to mental health services
themselves
D Access to safe outdoor spaces
D Access to outdoor/indoor recreational
programming
D Pets
D Transportation
D Services & programming for seniors
D Preservation of Carpinteria character
D Other:
IMPORTANT ISSUES
■ Online ■ In Person
0TH ER
PRESERVE CARP CHARACTER
SENIOR SERVICES
TRANSPORTATION
PETS
REC PROGRAMMING
OUTDOOR SPACES
FAMILY CARE
MENTAL HEALTH SERVICES
YOUTH PROGRAMS
DECISION MAKING
ACCESSIBILITY
PRE-SCHOOL
HEALTHY FOOD
PUBLIC SAFETY
CH I LDCARE
CONNECTION TO NEIGHBORS
WORK/JOB TRAINING
11 ■3
15 ■3
25 12
18 · · -8
43 13
45 12
8 9. Are you aware of Accessory Dwelling Units (ADUs/granny flats) and how to get more information on how to build them? For more information call the City's Community Development Department (805-755-4410) □ Yes □ No
ADU AWARENESS
■ Online ■ In Person
YES NO
10. What is your main mode of transportation? Check all that apply. □ Car □ Bike/e-bike
□ Bus □ Walking
□ Other: (e.g., train, HELP of Carpinteria) Would bike if it weren't for all the beaten path via real to casitas pass;
TRANSPORTATION
■ Online ■ In Person
CAR BUS E/BIKE WALKING OTHER
9 11. What type of public transportation would be helpful to you? Bike Paths; improved train services; city shuttle; car; shuttle; bus; shuttle; beach van-parking is impossible in summer; carp bus; shuttle services; handicap capable; seaside shuttle with pick up at mobile home parks; smaller bus; None
Seaside Shuttle {17}including access to Sandpiper MHP and Bates Rd communities, Bus {4};Train {4};Contiguous bike paths{l}; More frequent train service to Santa Barbara and Montecito {3); Local commuter buses {2); More options/faster routes for getting to airports, downtown Santa Barbara/Goleta;; HELP; Door-to-door bus; Restart the Seaside Shuttle, Construction-free freeway; Taxi; Metro/ink Trains; Better bus routes to SBCC; Shuttle to Rincon Beach; more frequent bus routes; More reliable/accessible Ubers/Lyfts
12. How would you rate your overall perception of law enforcement in our community? are they present? extremely expensive 70% of budget? REALLY? □ Extremely positive □ Neutral
□ Mostly positive □ Mostly negative
□ Extremely negative
LAW ENFORCEMENT
■ Online ■ In Person
EXTREMELY+ MOSTLY+ NEUTRAL MOSTLY - EXTREMELY -
13. Do you feel that you and/or your family are a part of the larger Carpinteria community? If not, why not? Yes, overall but it can be intimidating to be new to this community and not feel judged for being a 'transplant'; amazing city council leadership; 'definitely not'; yes, sometimes; hard with affordable housing decreasing and community members being pushed out and stressed
□ Yes □ No
SENSE OF BELONGING
■ Online ■ In Person
YES NO
10 Positive: Yes, because I participated; Yes, but I do not/eel that the City leadership and management are working to address issues in our community and neighborhood.; Yes, but less and less as it seems to be changing; Yes, lived here for fifty years; Yes, love the feeling of neighborliness in Carpinteria.; Yes, my family has been here 150yrs.;Yes, through involvement with Carpinteria Beautiful; Yes, through nonprofit organizations; Yes, very much so.; Yes, we volunteer for various orgs in town; Overall yes, however I don't like when national politics spill over and influence people to make local decisions that have nothing to do with what the town actually would benefit from, and instead furthers some political party agenda. We need to support All of our residents, and I know that sometimes that means decisions I wouldn't necessarily like; I feel quite connected;
Negative:
As a small business owner without access to affordable office space, I'm forced to work from home which is isolating and prevents me from interacting with the community as much as I'd like to. Also, as a tenant, I feel a sense of precarity; it's hard to really settle in with the idea that I could be evicted without cause.; Getting to know people is challenging; I don't know what the "larger Carpinteria community" is.; In an apt. Complex. People not social.; Moved here during the pandemic so a very slow start to making it feel like home and making friends; No. Moved here during pandemic and have not yet made the effort; No, due to lack of recognition of the LGBTQ community; No, hard to meet community members; No, working retired; No. Need more senior activities; No. It feels real cliquey; Not really. It's annoying that I read about the chalk art event in this month's newsletter but didn't know about it beforehand. My kids would've liked it; Sort of.
Been here 3 years and find many locals are not welcoming. They're friendly but have their own cliques and don't let anyone in; The Community has changed. Many people have had to move away. Newcomers are not community minded.; Neutral:
Somewhat; Somewhat but too many vacation rentals and empty second homes.; Sometimes; We are introverts.; Yes and No. Yes, I can get involved and I care about the town in general. But often the decisions are already in place and no matter my (or others) opinion, they won't change.
ATTACHMENT C
We appreciate all the
District 1 and 2 residents who
came out to meet their City
Council representative and
to everyone who
participated in our first
community resource and
engagement fair.
Agradecemos a todos los
residentes de los Distritos l y 2
que vinieron a conocer a su
representante del Concejo
Municipal ya todos los que
participaron en nuestra
primera feria de participaci6n
y recursos comunitarios.
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CARPINTERIA
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City of Carpinteria
COUNCIL AGENDA STAFF REPORT
August 28, 2023
ITEM FOR COUNCIL CONSIDERATION
Annual Report on implementation of the City's Sustainable Community Policy.
STAFF RECOMMENDATION
Receive and file the Annual Report on the City's Sustainable Community Policy (Resolution No. 5500).
Sample Motion: I move to receive and file the Sustainable Community Policy Annual Report.
BACKGROUND
In 2014, the City of Carpinteria identified environmental stewardship, economic strength, and social equity as priorities through the adoption of Resolution No. 5500, the Sustainable Community Policy (Policy). The objective of the Policy is to incorporate practices into all aspects of City business that promote environmental stewardship and social justice while also taking into account economic vitality.
The Policy includes four main goals to assist the City in developing sustainability work plan items annually; guiding future policy and development goal setting in order to integrate sustainability principles into the City's decision making processes and budgeting; educating City employees to empower them in implementing sustainability initiatives through their jobs; and to initiate and lead collaborative sustainability initiatives and communicate efforts to residents and business owners and operators, becoming a resource to the community
The purpose of this agenda matter is to provide a progress report on implementation of the City's Sustainable Community Policy.
Sustainable Community Policy Update
August 28, 2023
DISCUSSION
State and Regional Collaboration
The City continues to participate in multiple state and regional programs that cover a broad range to topics and are explained in more detail below. Participation in these groups is critical to furthering sustainability goals in a manner that provides regional policy consistency and legislative advocacy.
Santa Barbara Regional Climate Colleboretive; The Collaborative is a network of public agencies, non-profit and for-profit groups, and community-based organizations that aim to combat climate change through work in the local Santa Barbara area. The Collaborate consists of a Steering Committee and multiple subcommittees 1 . The work of
the Collaborative aims to identify regional climate adaptation and mitigation priorities, planning strategies, information sharing/research needs. The Collaborative also advocates for regional initiatives and support at the state and federal levels. Examples of initiatives of the Collaborative that the City is currently participating in include the Building Electrification Reach Code Working Group, the Resilience Hub grant collaboration with Girls, Inc, the County of Santa Barbara, and other stakeholders, and a monitoring grant acquired by the City of Santa Barbara and the Beach Erosion Authority for Clean Oceans and Nourishment. The City's Environmental Program Manager, Erin Maker, represents the City on the Collaborative and is the current Chair of the Steering Committee.
Beach Erosion Authority for Clean Oceans (BEACON): BEACON is a Joint Powers Authority established in 1986 to address coastal erosion, beach nourishment and clean oceans along the Central California Coast from Point Conception to Point Mugu. The member agencies of BEACON include the Counties of Santa Barbara and Ventura as well as coastal cities in those counties, including Carpinteria. The BEACON Board is made up of two Supervisors from each county and one council person (at this time Councilmember Solarzano represents the City) from each coastal city for a total of ten.
BEACON also has a technical Science Advisory Committee, which reviews how science research and data collection can be improved, enhanced and expanded to increase alignment with and better inform decision-making of its member agencies. The Science Advisorv .I Committee focuses ot rimarilv .I on the tooI ics of rea'-' ional s-e-- dime- nt - manaa..;J eme-·nt (RSM), coastal resource and ecosystem management, and regional climate change and sea level rise (SLR) adaptation planning.
Central Coast Community Energy (3CE): 3CE is a community choice energy organization that was established to source clean and renewable electricity at competitive prices for customers throughout Monterey, San Benito, San Luis Obispo, Santa Cruz, and Santa Barbara counties. 3CE is locally controlled and governed by 1 Currently there are six subcommittees including the Clean Energy Assurance subcommittee, Equity Advisory and Outreach subcommittee, and Sea Level Rise Adaptation subcommittee. The subcommittees identify topic-specific challenges requiring regional collaboration, engage stakeholders and conduct indepth analysis, and recommend policies and projects for the Collaborative to pursue.
Sustainable Community Policy Update
August 28, 2023
board members who represent each community served by the agency. The City shares a seat on both the Policy Board (Councilmembers) and Operations Board (City Administrators or their designees) with the City of Goleta through a Memorandum of Understanding (MOU). The MOU is structured so that each agency holds on active seat at all times, with the other City acting as the alternate. Currently, the City of Carpinteria holds the active seat on the Policy Board, with Councilmember Nomura fulfilling the duties of that role, and the alternate seat on the Operations Board. This position rotates every two years.
Santa Barbara Air Pollution Control District (APCD): The APCD implements programs that focus on improving air quality and reducing sources of toxic air pollution, as well as conducting air quality monitoring at locations throughout Santa Barbara County. APCD also administers several grant and incentive programs, including programs for electric vehicle supply equipment (EVSE) and the Landscape Equipment Electrification Fund (LEEF) provides incentive funds for businesses, public agencies, schools, and nonprofits to trade in their gasoline/diesel landscape equipment for electric equipment.
APCD's Board consists of each of the five county supervisors plus a city council member from each of the county's eight incorporated cities. Mayor Clark currently represents the City on the APCD Board. More detail on City work with APCD is included under Electric Vehicle Infrastructure.
South Coast Youth Safety Partnership (SCYSP): The mission of SCYSP is to improve and support the safety and quality of life for youths, their families, and the community by improving communication and coordination with government agencies and non-profit organizations who are engaged with providing services and programming to local at-risk youth. The Policy Team of SCSYP includes representatives from school districts, nonprofit organizations, and law enforcement, as well as City administrators and councilmembers. Currently the City Manager, Dave Durflinger, and two Councilmembers, Councilmember Solarzano and Councilmember Alarcon, represent the City.
Santa Barbara County Association of Governments (SBCAG): SBCAG is a regional planning agency comprised of Santa Barbara County and all eight incorporated cities within the county. Currently Mayor Clark represents the City and its interests on the Board. SBCAG distributes local, state, and federal transportation funds and acts as a forum for addressing regional and multi-jurisdictional issues, including traffic, housing, air quality, and growth extend beyond jurisdictional boundaries. SBCAG has several divisions, including Programming, Planning, and Traffic Solutions. More detail on recent work with SBCAG is provided under City Operations
Groundwater Sustainability Plan Advisory Committee (GSPAC): A City representative serves on the Carpinteria Sustainable Groundwater Management Agency's GSPAC to provide input on the drafting of the Groundwater Sustainability Plan, which will guide the Sustainable Community Policy Update
August 28, 2023