Carpinteria City Council
November 27, 2023

City of Carpinteria
City Council Regular Meeting Agenda
Monday, November 27, 2023
Council Chamber, 5775 Carpinteria Avenue, Carpinteria, CA 93013 5:30 p.m. Regular Meeting
In-Person and Virtual Participation Options
Attendance/Viewing Options:
• Attend the in-person meeting in City Council Chambers at City Hall (5775 Carpinteria Ave.).
• View the meeting live through the City’s website https://carpinteriaca.gov/cityhall/agendas-meetings/) on your computer, tablet or smartphone. • View the meeting on Government Access Television Channel 21 (broadcast live and rebroadcast on the Wednesday and the Saturday following the meeting at 8:00 p.m. and 5:00 p.m., respectively).
• Call 669-900-9128 (and enter Webinar ID 889 0390 2262) to listen to the meeting on your phone.
• Join the City’s Zoom webinar from your computer, tablet, or smartphone by CLICKING HERE. Alternatively, you can join the Zoom webinar by logging on to www.zoom.us, downloading the application, selecting "Join Meeting", and entering Webinar ID 889 0390 2262.

Public Comments
• Provide a live public comment during the in-person meeting in City Council Chambers at City Hall (5775 Carpinteria Ave.). Please note the City has the discretion to limit both the overall and individual speaker time for any meeting or agenda matter. Typically, the Council’s practice has been to limit each speaker to three minutes.
• Provide a live comment through the City’s Zoom webinar platform (through the link provided above). To make public comments through this platform please use the “raise your hand” feature to notify staff that you would like to make a public comment during designated public comment times. Once it is your turn to provide a public comment, staff will unmute your microphone and you will be given a designated amount of time to provide your comment (typically, the practice has been up to 3 minutes per speaker on each item). At the end of your comment, staff will once again mute your microphone.
• Submit a written comment (as either a general public comment or on a specific agenda item) to be distributed to Council Members by 12:00 P.M. on the day of City Council Regular Meeting Agenda
November 27, 2023

the meeting by either submitting your comment via (1) email to [email protected], (PLEASE NOTE NEW PUBLIC COMMENT EMAIL ADDRESS) or (2) the eComment link on the City's agenda website (https://carpinteriaca.gov/city-hall/agendas-meetings/). Please reference the agenda item to which your comment pertains. While written comments become part of the record, they will not be read aloud at the meeting.

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

Also, please note that Spanish interpretation will be available at the in-person meeting and through the City’s Zoom webinar.

CALL TO ORDER

ROLL CALL

PLEDGE OF ALLEGIANCE
COUNCILMEMBER(S) REQUEST FOR REMOTE PARTICIPATION UNDER AB 2449:

The City Council may consider Councilmember(s) request to participate in the meeting remotely under the regulations of AB 2449 by making the necessary findings and voting on whether the Councilmember(s) may participate remotely.

AGENDA MODIFICATIONS: The City Council may modify the regular agenda by tabling items, adding urgency items to the agenda, or changing the order in which items are considered. Changes to the Consent Calendar are considered at the time the Consent Calendar is considered.

INTRODUCTIONS, PROCLAMATIONS AND PRESENTATIONS:

1. Proclamation Recognizing 2023 Outgoing Santa Barbara Association of Realtors President Todd Shea. (Requires approval prior to presentation of proclamation.)

2. New Employee Introduction: Mindy Fogg, Principal Planner and Megan Musolf, Assistant Planner.

3. Presentation of the 2023 Carpinteria Valley Economic Profile.

City Council Regular Meeting Agenda
November 27, 2023

4. Resolution No. 6275, Congratulating Dave Durflinger on His Retirement and Commending and Thanking Him for 24 Years of Loyal and Dedicated Service to the City of Carpinteria. (Requires approval prior to presentation of resolution.)

RECESS FOR REFRESHMENTS IN COUNCIL FOYER

RECONVENE THE REGULAR MEETING OF THE CITY COUNCIL

PUBLIC INFORMATION REPORTS AND ANNOUNCEMENTS
This may include updates on law enforcement activity within the City from a Sheriff’s Office representative.

CITY MANAGER’S REPORT
The City Manager will report to the City Council regarding various City and/or community events and/or matters of interest. There will be no City Council discussion except to ask questions or refer matters to staff; and no action will be taken unless listed on a subsequent agenda.

PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
This is a time for public comments on matters not otherwise on the agenda but within the subject matter jurisdiction of the City Council. The Public Comment period is limited to 15 minutes and divided among those persons desiring to speak. No person shall speak longer than three minutes; however, the Mayor may establish shorter periods based on the time available and/or the number of persons waiting to speak. Persons wishing to speak on a specific item will be recognized at the time the agenda item is considered.

The audio-visual system in the Council Chamber is not available for speaker use during the general Public Comment period.

The City and the City Council are not responsible for the content of statements made during the public comment period, or the factual accuracy of any such statements.

CONSENT CALENDAR: Items on the consent calendar are considered to be routine and are normally enacted by one unanimous vote of the Council. If you wish to speak on a consent calendar item please do so during the public comment period provided at the beginning of this item.

5. Approve the minutes of the regular meeting held November 13, 2023.

6. Receive and file the Expenditures for the period beginning November 6, 2023 and ending November 17, 2023.

City Council Regular Meeting Agenda
November 27, 2023

7. Receive and file Report of Contracts Executed by the City Manager for the Period of October 17, 2023 through November 20, 2023.

8. Receive and file the Monthly City Treasurer’s Report on Compliance with Statement of Safekeeping and Investment of Public Funds for October 2023.

9. Adopt Ordinance No. 772 (second reading), amending various sections in Carpinteria Municipal Code Chapter 2.08 (“City Manager”) to align with law and practice. (This motion requires a roll call vote.)

10. Accept Parcel Map 25,187 and associated documents including project-specific Covenants, Conditions and Restrictions (CC&Rs), and Informational Notice document, for the Haber Condominium Project (20-2076-DP/CDP/TPM/TEX) located at 4716 Seventh Street.

11. Excusing City Manager Dave Durflinger from attending the meeting(s) of the City Council held after November 27, 2023.

ADMINISTRATIVE MATTERS:

12. Appointments of public members to the Ad Hoc Harbor Seal Advisory Committee.

Recommendation: Make appointments to the Ad Hoc Harbor Seal Advisory Committee.

Staff Presenter: Brian C. Barrett, City Clerk
a. Staff Report
b. Public Comment
c. City Council Determination

13. Authorize the City Manager to sign the Landscape Equipment Electrification Fund Program Application.

Recommendation: (1) Authorize the City Manager to sign the Landscape Equipment Electrification Fund Program Application and (2) Approve a budget appropriation in the amount of $11,250 to the Right-of-Way Maintenance District Fund and $1,000 to the General Fund for Fiscal Year 2023-24 Budget. (This motion requires a roll call vote.)
Staff Presenter: John L. Ilasin, Public Works Director
a. Staff Report
b. Public Comment
City Council Regular Meeting Agenda
November 27, 2023

c. City Council Determination

14. A Maintenance Agreement with the California Department of Transportation concerning the Carpinteria High School Area Crosswalk Safety Improvement Project.

Recommendation: Authorize the City Manager to execute a Maintenance Agreement with the California Department of Transportation for the Carpinteria High School Area Crosswalk Safety Improvement Project. (This motion requires a roll call vote.)
Staff Presenter: John L. Ilasin, Public Works Director
a. Staff Report
b. Public Comment
c. City Council Determination
PUBLIC HEARING:

15. Ordinance No. 774, an Ordinance of the City Council of the City of Carpinteria, California, Amending Chapter 2.06 of Title 2 (City Council District Elections) and Chapter 3.34 of Title 3 (Revenue and Finance) of the Carpinteria Municipal Code Regarding Fee and Service Charge Revenue/Cost Comparison System, and Resolution No. 6282, Approving and Adopting the City’s Master Fee Schedule. (Continued from November 13, 2023 Council Meeting)
Recommendation: (1) Introduce and approve Ordinance No. 774, as read by title only, and continue the second reading of the ordinance for adoption to December 11, 2023; and (2) Approve and adopt Resolution No. 6282, updating the City’s Master Fee Schedule. (This motion requires reading of ordinance title and a roll call vote.)
Staff Presenter: Licette Maldonado, Administrative Services Director a. Staff Report
b. Public Comment
c. City Council Determination

16. Annual Report of the Development Impact Fee Program and Updating the Capital Improvement Plan.

Recommendation: Adopt Resolution No. 6276, approving and accepting the Annual Report of the Development Impact Fee Program and updating the Capital Improvement Plan.

City Council Regular Meeting Agenda
November 27, 2023

Staff Presenter: John L. Ilasin, Public Works Director
a. Staff Report
b. Public Comment
c. City Council Determination

CONSIDERATION OF ANY ITEMS REMOVED FROM CONSENT CALENDAR

AND/OR OTHER AGENDA ITEMS REQUESTED TO BE ADVANCED
MATTERS CONTINUED FROM PREVIOUS MEETINGS: NONE
OTHER BUSINESS:

17. 2023 Economic Vitality Program Report.

Recommendation: Receive and file the 2023 Economic Vitality Program Report.

Staff Presenter: Michael Ramirez, Assistant City Manager a. Staff Report
b. Public Comment
c. City Council Determination

18. Approval and adoption of the City Manager Employment Agreement with a Base Salary of $225,000.

Recommendation: Approve, adopt, and authorize for the Mayor’s signature the City Manager Employment Agreement Between the City of Carpinteria and Michael Ramirez. (This motion requires a roll call vote.) Staff Presenter: Jena Acos, Legal Counsel
a. Staff Report
b. Public Comment
c. City Council Determination
LEGISLATIVE UPDATE: The City Council will discuss local, state and/or federal legislation under consideration and decide whether to direct staff to place a matter(s) on a future City Council agenda for consideration.

COMMITTEE REPORTS, INQUIRIES AND OTHER MATTERS PRESENTED BY

COUNCILMEMBERS
Informational reports from Councilmember representatives on the committees, commissions and organizations listed below. This is also an opportunity for City Council Regular Meeting Agenda
November 27, 2023

Councilmembers to request information from staff or seek support from fellow Councilmembers for future agenda items.

1. Appointees to Other Government Agencies
a. Beach Erosion Authority for Clean Oceans and Nourishment (BEACON) (Solórzano/Alt. Clark)
b. California Joint Powers Insurance Authority (CJPIA) (Clark/Alt. Alarcon) c. Santa Barbara County Association of Governments (SBCAG)(Clark/Alt.

Nomura)
d. Santa Barbara County Air Pollution Control District (APCD)(Clark/Alt.

Nomura)
e. Central Coast Community Energy (3CE) (Nomura/Alt. Goleta) f. Santa Barbara Mosquito and Vector Management District (Joe Franken) g. Santa Barbara Metropolitan Transit District (Solórzano)

2. Regional Committees
a. Channel Counties Division, League of California Cities (Nomura/Alt.

Alarcon)
b. Santa Barbara Joint Affordable Housing Task Group (Alarcon & Solórzano) c. Santa Barbara County Elected Leaders Forum to Address Homelessness (Clark/Alt. Alarcon)
d. South Coast Youth Safety Partnership (Solórzano/Alt. Lee) e. Multijurisdictional Solid Waste Task Group (Lee/Alt. Alarcon)

3. Joint and Standing Committees
a. City Council/Economic Vitality Committee (Alarcon & Lee) b. City Council/Public Safety Committee (Clark & Nomura) c. City Council/School Board Committee (Lee and Alarcon) d. City Council/Utilities Committee (Lee & Nomura)
e. City Council/First District Supervisor Committee (Lee & Solórzano) f. City Council Finance/Budget Committee (Alarcon & Clark) g. Transportation Committee (Lee & Clark)
h. Development Review Committee (Joint Committee membership from City Council, Planning Commission and Architectural Review Board) (CC: Clark & Nomura) (PC: To Be Selected by Planning Commission) (ARB: Stein & O’Connor)
i. General Plan and Coastal Plan Update Committee (Joint Committee membership from City Council and Planning Commission) (Lee & Clark) (PC: To Be Selected by Planning Commission)
j. Public Facility Site Acquisition/Development Committee (Clark & Nomura) k. City Council Boards, Commissions and Committees Interview Committee (Clark & Nomura/ Alt. Lee)
City Council Regular Meeting Agenda
November 27, 2023

l. Sustainability Committee (Nomura & Solórzano)

4. Ad Hoc Committees
a. Senior Services Planning Committee (Lee & Solórzano) b. Civic/Youth Engagement Committee (Lee & Nomura)
c. City Council Housing Element Committee (Clark & Nomura) d. Harbor Seal Advisory Committee (Solórzano & Alarcon) e. Appointment Process Committee (Alarcon & Clark)

5. Appointed Representatives to Area Boards & Committees a. Community Media Access Center (Gary Dobbins)
b. County Library Advisory Committee (Gail Marshall)

ATTENDANCE OF COUNCILMEMBERS FOR FUTURE MEETINGS

ADJOURNMENT
The next regular City Council meeting will be held December 11, 2023 at 5:30 p.m.

In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk's Office at (805) 755-4403 or the California Relay Service at (866) 735-2929. Notification two business days prior to the meeting will enable the City to make reasonable arrangements for accessibility to this meeting.

Materials related to an agenda item submitted to the City Council after distribution of the agenda packet are available for public review at the City Clerk's Office, located at 5775 Carpinteria Avenue, Carpinteria, CA 93013 or by going to the City’s website at https://carpinteriaca.gov/city-hall/agendas-meetings/.

This agenda was posted on Wednesday, November 22, 2023, in the City Clerk's Office, on the City Hall Public Notices Board, and on the Internet.

PROCLAMATION

PROCLAMATION OF THE CARPINTERIA
CITY COUNCIL RECOGNIZING 2023

OUTGOING SANTA BARBARA

ASSOCIATION OF REALTORS PRESIDENT

TODD SHEA
WHEREAS, the Santa Barbara Association of REAL TORS® is celebrating 116 years of service to the local communities of Carpinteria, Summer/and, Montecito, Santa Barbara, Goleta and Gaviota; and
WHEREAS, during 2023, Santa Barbara Association of REAL TORS® President of the Board, Todd Shea, has displayed his leadership skills in organizing a variety of events and fundraising campaigns to enhance the quality of life for those who live in these communities, in keeping with the 116-year-old tradition; and
WHEREAS, President Shea helped secure $46,000 in cash donations from the Santa Barbara Association of REAL TORS® to help fund Habitat for Humanity; and WHEREAS, President Shea supported the membership with constant communication and educational opportunities; and
WHEREAS, President Shea provided pertinent and timely information to the community regarding the real estate profession; and
WHEREAS, President Shea encouraged and empowered the Santa Barbara Association of REAL TORS® Young Professionals Network which held multiple events helping the community including Coastal Clean-Up Days and a Brush-of-Kindness Days; and WHEREAS, as a member of the National Association of REAL TORS® and a Director for the California Association of REAL TORS® President Shea has displayed his interest and participation in various governmental and outreach programs by speaking eloquently before government parties advocating for REAL TORS® and homeowners; and WHEREAS, President Shea also supports the community; dedicating his time to youth by coaching the Junior Varsity Girls Volleyball team at Dos Pueblos High School; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Carpinteria offers a deep appreciation for President Todd Shea's ability to exhibit strong leadership and strength in character in service to his community and the membership of the Santa Barbara Association of REAL TORS® for the year of Two Thousand and Twenty Three.

IN WITNESS THEREOF, the Mayor hereunto set their hand and caused the official seal of the City of Carpinteria, California, to be affixed this 27th day of November, 2023.

Al Clark, Mayor
ATTEST:

Brian C. Barrett, CMG, CPMC, City Clerk
City of Carpinteria

COUNCIL AGENDA STAFF REPORT
November 27, 2023

ITEM FOR COUNCIL CONSIDERATION
2023 Economic Vitality Program report

STAFF RECOMMENDATION
Receive and file the 2023 Economic Vitality Program report Sample Motion: I move to receive and file the 2023 Economic Vitality Program report.

BACKGROUND
The annual report on the Economic Vitality Program ("Program") was last provided in 2019. Reports were not provided for years 2020, 2021, and 2022 due to COVID-19 and staffing transition.

The Program consists of activities related to all City Departments, including General Government; Administrative Services; Community Development; Public Works; and Parks, Recreation and Community Services. The Program is overseen by the City Manager's office with primary responsibility assigned to the Assistant City Manager. The integrated nature of the Program in the City organization is fundamental to its approach in promoting a vital and sustainable economy in Carpinteria.

Outlined in this report are the various Program activities, projects, and services that contribute to economic vitality in Carpinteria.

DISCUSSION
A. General Government
Program items managed annually by General Government staff may include business attraction and retention activities, legislative action and/or advocacy, visitor services (e.g., HOST Program), and communication and coordination with the Chamber of Commerce.

Economic Vitality Program Report
November 27, 2023

Legislative Advocacy and Development
The City has taken positions on legislation or developed legislation that supports local businesses in several ways, including, but not limited to:
• A moratorium on formula businesses
• Protection of the City's affordable housing stock, including letters of opposition to various proposed bills affecting housing and threatening local control, changes to Zoning regulations and Zoning Map regarding Accessory Dwelling Unit (ADU) and Junior Accessory Dwelling Unit (JADU) regulations, and anti-displacement measures, to name a few.
• Anti-Displacement program regulations were initiated by the City Council in May of this year. Related work to date includes adoption of a just-cause eviction ordinance to protect tenants that was adopted as an urgency matter in September. The anti-displacement program, in part, serves to protect housing for workers in key local industries such as hospitality.
• COViD-19 Outdoor Business Permit Program and Downtown" "Parklet Permit Program: Allows use of private property outdoor spaces and City right-of-way for limited business operations, initially to comply with County health orders and to support businesses during the pandemic, and later in acknowledgment of ongoing risks and to support economic recovery efforts.

HOST Program
The City's HOST Program exists primarily to support and promote visitor services in the Downtown. Every weekend from Memorial Day through Labor Day in September, City HOSTs volunteer their time at the downtown Visitor Center greeting visitors, answering questions about the Carpinteria Valley and providing information on activities that appeal to a variety of interests. During the 2023 Season, HOST greeted 3,282 visitors representing 28 states and 13 countries, including many Californians.

General Business Assistance
• In the past, City staff maintained an Available Commercial Properties inventory on the City's web page; however, this was discontinued due to the current real estate climate post-pandemic and diminished utility.
• To develop and maintain relationships and support local business, City staff and elected officials attend various business-related events such as the annual State of the City and County events, Chamber mixers, and the annual UCSB South County Economic Summit.

Economic Vitality Program Report
November 27, 2023

Chamber of Commerce
In the past, the City Manager served as an ex-officio member of the Carpinteria Valley Chamber Board of Directors. In addition, members of City Council and the Chamber Board of Directors met as the City/Chamber Committee to work on cooperative projects and programs aimed at improving the business climate in Carpinteria. Since the last Program report in 2019, the Carpinteria Valley Chamber of Commerce merged with chambers from Santa Barbara, Goleta, and surrounding areas, to form the Santa Barbara South Coast Chamber of Commerce ("Chamber".) After the merger, the Chamber initiated the Carpinteria Business Committee. The committee last met on October 17, 2022, and has since dissolved; however, according to the Chamber, several members sit on other Chamber committees where similar discussions occur.

In partnership with the Chamber, the City sponsors and participates in the Chamber's annual State of the City event and the Carpinteria Community Awards Gala. In addition, to maintain communication with the Chamber on Carpinteria-specific issues, the City Manager, Assistant City Manager, and Chamber Executive Director endeavor to meet at least quarterly to discuss overlapping matters of interest with the goal of assisting Chamber efforts that are in alignment with City policy, as well as improving mutual understanding for individual policies not in exact alignment. The Chamber's current programs and priorities include, but are not limited to:
• Housing, including State and local legislation pertaining to Average Unit Density, City Housing Elements, and Regional Housing Needs Allocation 1 . To promote
workforce housing as a critical piece of the region's economic development. • Pandemic Response & Recovery2. To address long-term recovery strategies, emerging issues, and additional challenges businesses faced during reopening. • Techtopia
3 . A moniker for what the Chamber calls the "bustling hub of tech companies ranging from startups to industry leaders." Techtopia aims to promote and expand the "thriving technology and manufacturing industry on the Santa Barbara South Coast."
• Childcare
4 . To ensure a stable and equitable workforce.
• County's Climate Action Plan
5 . To ensure economically feasible and impactful
climate policies.
• Homelessness
6 . To address the well-being of individuals and the community atlarge. Additionally, it recognizes the impact homelessness has on businesses, tourism, and the local economy and encourages business participation in regional homelessness discussions and solutions.
1 https://sbsccham ber. com/wp-content/u ploads/2 023/03/Roadmap-to-Recovery-The-Road-Home. pdf 2 5e553e0f-aae8-4 f4a-95a0-6c4b166c2b20. pdf ( constantcontact.com) 3 https://sbscchamber.com/advocate/special-projects/
4 https://sbscchamber.com/advocate/special-projects/
5 https://sbscchamber.com/advocate/special-projects/
6 https://sbscchamber.com/advocate/special-projects/
Economic Vitality Program Report
November 27, 2023
Page4
The City and Chamber work individually and cooperatively in many of these areas.

Some examples include:
• Carpinteria Business Recovery Survey Walk: Assistant City Manager, Michael Ramirez, and Chamber Staff spoke to business operators about their recovery challenges and needs, and encouraged business owners to complete a recovery needs survey developed by the Chamber (May 2022).
• Promotional Ribbon Cutting events such as BEGA's Flip the Switch event to celebrate the company's large solar project (September 2022), and more recently the grand opening of Lokomania (August 2023.)
• Workshop Participation: Regional Economic Action Coalition (REACH) Economic Development Roundtable (May 2022.) Santa Barbara County Workforce Housing and Economic Development Workshop (May 2023).
• Safe Parking Program Pilot: Provides a safe place to sleep at night for individuals experiencing homelessness and living out of their vehicle, and connects individuals to resources.

Measure X
A portion of revenues from Measure X have funded Economic Vitality-related programs and services, including $200,000 allocated in the 2023-2024 adopted City budget for addressing mid and long-term impacts of the pandemic on small businesses. One example of how these funds will be spent in the current fiscal year is the purchase of prefabricated modular parklets in order to assist with upfront costs related to the City Council-approved permanent parklet program. Measure X also helps to support the City's Community Resource Officer position that provides expanded public safety, including business outreach.

B. Community Development
The Community Development Department (COD) has a direct impact on the economic vitality of Carpinteria by providing the overall framework for the physical development of the City, encouraging new private investment and promoting the City as an attractive and safe place to live, work, and visit. Additionally, the Department oversees enforcement of local laws through its Code Compliance division to ensure the City's business districts are accessible, safe, and attractive. The Code Compliance team is instrumental in support of the City's economic vitality efforts by helping to ensure that properties are properly constructed and maintained, parking laws are adhered to, illegal and misplaced signs are corrected, and no smoking in public space rules are enforced, to name a few. Also, City Code Compliance Officers are working proactively with homeless outreach service organizations and the Sheriff's Department in their involvement with the City's homeless population
Economic Vitality Program Report
November 27, 2023

Notable projects since last annual report include:
• 700 Linden Avenue
• Via Real Hotel
• Surfliner Inn
• The Carpinteria Farm, Hospitality and Residential Project Details on the status of these projects, and others, can be found in the recently published 2023 Carpinteria Valley Economic Profile (Attachment A.) Housing
COD provides a variety of activities that support the maintenance and development of workforce housing. In addition to efforts stated in the Legislative Advocacy and Development section, COD is shepherding several mixed-use projects at various stages of development, including 68 residential and apartments units. Additional detail on the status of these projects is included in the 2023 Carpinteria Valley Economic Profile (Attachment A.).

The Department also oversees programs and implements regulations aimed at preserving the City's housing stock and affordability, including, but not limited to, city regulations that serve to limit short-term vacation rental, condominium and cooperative ownership conversions, and mobile home park conversions.

General Business Assistance
COD staff provide a variety of assistance to new and existing businesses, including but not limited to, zoning, development, business expansion, and certificates of occupancy.

C. Public Works
The Public Works Department is responsible for the administrative, engineering, operations, and maintenance of the City infrastructure. The Department provides staff support to the Downtown "T" Business Advisory Board, the Traffic Safety Committee, and the Tree Advisory Board, and represents the City on regional transportation matters. The Public Works Department directly and indirectly impacts the local economy by making needed infrastructure improvements and maintaining City infrastructure. This work supports and encourages private investment and quality of life for both residents and visitors. The Department has on-going programs to maintain and improve the City's public realm such as administering environmental programs (e.g., stormwater quality, solid waste, resource conservation, etc.); upkeep of parks, open space, and public facilities; cleaning and painting street furnishings; repairing asphalt and concrete pavement; curbs, gutters and sidewalks; and trimming and replacing street trees. The improvement and maintenance of City infrastructure is critical to attracting and Economic Vitality Program Report
November 27, 2023

maintaining business, supporting private property values, and promoting the community as a safe and attractive place to live and visit.

A list of the Public Works Department's completed and scheduled economic vitality related activities since the last report include, but are not limited to:
• Public Parking Lot No. 1 improvements, i.e., Electric Vehicle Charging Stations, regulatory changes concerning overnight parking, etc.
• 2022 Pavement Rehab Project
• 2023 Pavement Maintenance and Rehabilitation Project
• Linden Avenue Improvements Project
• Franklin Creek Trail Improvement Project
• Carpinteria Skate Park Project
• Linden Avenue Beach-End Beautification Project
• Parklet Permit Program
Additional detail on these projects, and others, is included in the Capital Improvements section (p. 112) of the 2023-24 Adopted Budget7.

Downtown "T" Business Advisory Board
• As it relates to on-going general promotion of Downtown business activities, economic growth, and infrastructure maintenance of the Downtown "T" (sidewalks, street furniture, parking lots, street lighting, landscaping), the Downtown "T" Business Advisory Board (DTBAB) makes recommendations to the City Council concerning use of assessment district revenues for these purposes.

Special Events
• Community activities, especially special events, also stimulate participation and invite tourism which in turn provides vitality to the Carpinteria community's local economy. The Public Works Department administers the permitting of various special events, including but not limited to:
o California Avocado Festival
o Holiday Spirit Parade
o Independence Day Parade
o Surf 'n' Suds Beer Festival
o Carpinteria Farmers Market
7 https://carpinteriaca. gov /wp-contenUu ploads/202 3/06/FY -202 3-24-Adopted-Budget-06. 26. 2023-Fina I. pdf Economic Vitality Program Report
November 27, 2023

o Rods and Roses Classic Car Show
o Amgen Tour of California
D. Parks, Recreation, and Community Services (PRCS)
Open space conservation and the creation of City parks are investments that produce significant local economic benefits. Parks provide intrinsic environmental, aesthetic, and recreation benefits to our community. Parks enhance property values, increase municipal revenue, bring in homebuyers, tourists and businesses, and attract retirees. A well-developed park and trail system benefits public health, community identity, and improves property values and local economic metrics. PRCS provides, is currently working on, and/or has completed several significant projects, programs, and services that will serve to improve the economy in the Carpinteria community, key items include, but are not limited to:
• Carpinteria Bluff II Trail
• Carpinteria Skate Park
• Carpinteria Rincon Trail Project
• Monte Vista Park Play Structure Replacement
• Senior Services
• Ocean Lifeguard Service
• Library Services

POLICY CONSISTENCY
The Economic Vitality Program is consistent with the City's Mission to enhance the City's economic base in a manner that is consistent with the needs and preferences of the community.

FINANCIAL CONSIDERATIONS
There are no financial considerations at this time.

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
There are no legal considerations associated with receipt and file of this report.

OPTIONS

1. Receive and file.

2. Direct staff as appropriate.

Economic Vitality Program Report
November 27, 2023

PRINCIPAL PARTIES EXPECTED AT MEETING
No principal parties expected to attend.

ATTACHMENTS
Attachment A: 2023 Carpinteria Valley Economic Profile
Staff contact: Michael Ramirez
(805) 755-4450, [email protected]
Reviewed by: Dave Durflinger, City Manager
(805) 755-4400, [email protected]

ATTACHMENT A
2023 Carpinteria Valley
Economic Profile
The 2023 Carpinteria Valley
Economic Profile
Volume 6 September 2023
Prepared for:

City of Carpinteria
5775 Carpinteria Avenue
Carpinteria, CA 93013
(805) 684-5405
Prepared by:

The California Economic Forecast
Mark Schniepp, Director
5385 Hollister Avenue, Box 207
Santa Barbara, California 93111
(805) 692-2498
[email protected]

Table of Contents
Executive Summary 1
Demographics 8
Employment and Income 14
Residential Real Estate 19
Commercial Real Estate 22
Retail Trade and Tourism 25
New Development 29
Quality of Life 38
Data Sources 43
Acknowledgements 44

EXECUTIVE SUMMARY
1 Overview
The Carpinteria Valley is a community of just
over 16,000 residents. The community has
always been a diverse economy consisting
of emerging tech companies, advanced
manufacturers, and healthcare products and
services firms. The agriculture sector employs
more people than any other industry, followed
by manufacturing. Software and IT development
have historically been a principal labor market
sector in Carpinteria along with the hospitality
sector supporting tourism.

The labor market is fully utilized today. In April
2023, 3.6% of Carpinterians actively seeking
employment were unemployed. Since 2020,
construction has been the fastest growing
employment sector, followed by entertainment
& recreation services, and private education.

All of the jobs lost in the pandemic recession
of 2020 were fully restored in 2021, led by
accommodation and food services. Between
2021 and 2022, an estimated 517 total new jobs
were created.

The largest employer in the Valley is software
developer, Procore, followed by Agilent
Technologies, providers of diagnostic
instruments and software, and the Carpinteria
Unified School District which serves all public
school students in grades K-12. LinkedIn and
Nusil Technologies round out the top 5 largest
employers in the region.
7,500
7,800
8,100
8,400
8,700
9,000
9,300
9,600
9,900
10,200
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022
Total Employment / Carpinteria Valley
2012 - 2022 jobs
The city attracts a large volume of visitors to its
beaches including the State and City beach,
the Carpinteria Bluffs for hiking, the Salt Marsh
Preserve for bird watching, and the annual
Avocado Festival.

EXECUTIVE SUMMARY
2023 CARPINTERIA VALLEY ECONOMIC PROFILE 2
LinkedIn. The campus on Via Real includes 87,000 square feet on 15 acres.

The company is now a subsidiary of Microsoft and the principal focus of the Carpinteria operation is the production of tutorial videos for online learning.

Largest Employers in the Carpinteria Valley.

EXECUTIVE SUMMARY
3 CALIFORNIA EC0NOMIC FORECAST
Tourism
The presence of visitors and their spending
represents a significant contribution to the
Carpinteria Valley economy. Tourism generates
substantial revenues for the city’s general fund,
supports a significant number of jobs, and
accounts for more than half of all retail sales
transactions in the city of Carpinteria, including
at local shops, restaurants, recreational sites,
and gasoline stations.

The State Beach attracted an estimated 895,000
visitors in the latest reporting year, and these
visitors spent approximately $50 million in
Carpinteria.

The 230 acre park is dominated by an estuary set aside as a sanctuary for shorebirds. The preserve includes a 1.2 mile hiking trail with several observation areas for bird watching.

There are seven formal transient lodging
facilities with 594 rooms in the region, and more
than 200 short term vacation rental properties.

Hotel/motel occupancy is high to full during the
summer months. In fact, peak level occupancy
has precipitated the need for additional transient
properties, which are now in development.

Annual room sales will record new highs in the
city during fiscal year 2022-2023.

EXECUTIVE SUMMARY
2023 CARPINTERIA VALLEY ECONOMIC PROFILE 4
The short term visitor rental industry has grown
in popularity over the years and contributed
a record $844,000 in transient occupancy
tax revenues to the City of Carpinteria during
calendar 2022.

The annual California Avocado festival was
first held in 1987 and has been an ongoing
annual celebration of the avocado ever since.

It is the largest community gathering in the city
estimated to attract 100,000 visitors over the 3
day event.

Commercial Real Estate
Despite rising employment in the office sector,
remote work-from-home and hybrid work
schedules have reduced the need for office
space. There are fewer workers utilizing the
office on a daily basis. Consequently, employers
need less office space and have downsized as
they renew leases, or have vacated some space
and are marketing it for sublease.

Source: Edhat Santa Barbara
Linden Avenue, downtown Carpinteria

EXECUTIVE SUMMARY
5 CALIFORNIA EC0NOMIC FORECAST
A large amount of space---approximately 27
percent of the total office market---is currently
available for lease. Much of this space has been
vacated by ProCore the largest employer in
Carpinteria.

Manufacturing and technology are the most
important sectors of the Carpinteria Valley
economy. Historically, the high rates of both
office and industrial market utilization are a
testament to the strength of the Carpinteria
Valley as a desirable business location along the
Central Coast. While all office utilization is now
in flux, the industrial sector remains a strong
competitor to neighboring cities Santa Barbara,
Goleta, and Ventura. Currently, industrial
vacancy is negligible.

Residential Real Estate
The existing housing market is characterized
by extraordinarily low inventory, high mortgage
rates, and record high selling values, all of
which conspire to limit home sales in the current
environment.

The median selling value of a single family home
in Carpinteria during 2023 was $2.3 million, an
increase of 19 percent over the median selling
value of all homes sold during the 2022 calendar
year. There has been no correction observed in
home prices despite high mortgage rates and
the attendant slowdown in housing demand.
0 4
8 12
16 20
24 28
2018 Q1 2019 Q1 2020 Q1 2021 Q1 2022 Q1 2023 Q1
percent Office Vacancy Rate / Carpinteria Valley
vacant 2018 Q1 - 2023 Q1

0.4 0.6

0.8 1.0

1.2 1.4

1.6 1.8

2.0 2.2
2003 2005 2007 2009 2011 2013 2015 2017 2019 2021 2023* Median Selling Price / Single-Family Homes
Carpinteria Valley millions
of dollars 2003 - 2023
* through May. Source: Santa Barbara Association of Realtors

EXECUTIVE SUMMARY
2023 CARPINTERIA VALLEY ECONOMIC PROFILE 6
New Housing Development
Fourteen homes are currently under
construction along with 9 approved homes
waiting to start construction this year. Just over
80,000 square feet of commercial space is under
construction, including the 700 Linden project
that will substantially upgrade a full city block of
commercial space in the center of town.

Currently, the new residential pipeline is the
largest since 2013 with 151 housing units in
some stage of the planning process; 100 of
these units have been approved.

With the formal application of the Carpinteria
Farm project in February 2023, there is a
record 417,000 square feet of commercial
and industrial space in the total non-residential
pipeline, with 226,000 square feet of space now
approved or underway.

The Farm project features 99 transient rooms,
an organic farm, restaurant, spa and commercial
space, all totaling 122,200 square feet of
development.
0 50
100
150
200
250
Sep-11 Oct-12 Apr-13 Apr-15 Apr-17 Apr-19 Sep-21 Jun-23 Residential Project Pipeline / Carpinteria units
2011 -- 2023
Total pipelilne
Approved or
under construction
Artist rendering of 700 Linden at 8th Street.

EXECUTIVE SUMMARY
7 CALIFORNIA EC0NOMIC FORECAST
Quality of Life
Regional economic conditions are both
supported and sustained by quality of life
factors present in the community. These include
educational attainment of the population, their
relative income, public safety and general
mobility of the population to access their
workplace, and acquire goods and services
efficiently.

Residents of the Carpinteria Valley enjoy a
relatively high standard of living, and 39 percent
of the population has a 4 year college degree
or higher. For the greater Santa Barbara County
area, 35 percent of the population has earned a
bachelor’s degree or higher.

Crime rates in Carpinteria remain extraordinarily
low despite the uptick observed in many
cities and towns during 2020 and 2021. The
incidence of both property and violent crimes
in Carpinteria is still among the lowest levels
observed in Central Coast communities, and is
significantly lower than those prevailing across
California.

Commute times for Carpinteria residents
averaged 26 minutes in 2022. This average was
higher than commuting residents in neighboring
Santa Barbara but lower then commuting
residents of Ventura and Oxnard. Highway 101
construction largely played an influencing factor
in the commuting time averages.

Though the lengthy Highway 101 widening
project continues between Santa Barbara and
Summerland, the phase of construction through
Carpinteria is now complete. Consequently,
peak hour congestion is expected to markedly
improve in Carpinteria this year and especially
by mid 2024 when the Rincon to Ventura phase
is scheduled for completion.
100
150
200
250
300
350
400
2002 2004 2006 2008 2010 2012 2014 2016 2018 2020 2022
Total Crime Index
2002 - 2022
reports per
10,000
residents
City of Carpinteria
California
Santa Barbara
County
18 20
22 24
26 28
30 Goleta City of
Santa
Barbara
Santa Maria Carpinteria Camarillo Oxnard City of
Ventura
Lompoc
Average Commute Times for
Selected Cities in
Santa Barbara and Ventura Counties
2023
minutes
each way

DEMOGRAPHICS
8 Demographic trends can be highly influential for
regional economies.

Population growth is an important driver of
economic activity, as it typically results in a
larger income pool and greater consumer
spending, which brings new customers to local
businesses. It also creates demand for housing,
which can spur the construction industry and
lead to gains in property tax revenue.

Income is strongly related to educational
attainment, and regions with a highly trained
workforce often have a larger share of
individuals in the upper income categories.

Population Growth
The Carpinteria population is now declining, with
the City of Carpinteria losing approximately 150
residents in 2023.

According to the Department of Finance, the city
of Carpinteria has 12,711 residents as of 2023.

This sends it back to population levels that were
last observed in 1987.

The population has been shrinking since 2016.

Between 2016 and 2023, the overall population
fell by approximately 830 residents as high home
prices resulted in a meaningful wave of outmigration.

Housing prices have become a serious issue that
have limited population growth and have made
it difficult for low-income households to live in
Carpinteria.

The population of the Carpinteria Valley, which
includes the City of Carpinteria and the entirety
of zip code 93013, is 16,069 residents in 2023.

The Valley-wide population has been remarkably
constant over the last 13 years.
15,921
16,202
16,069
15,750
15,800
15,850
15,900
15,950
16,000
16,050
16,100
16,150
16,200
16,250
2010 Census 2020 Census 2023 Estimate
Population / 93013 number of
residents
12,600
12,800
13,000
13,200
13,400
13,600
13,800
14,000
2003 2005 2007 2009 2011 2013 2015 2017 2019 2021 2023
number of Population / City of Carpinteria
residents 2003 - 2023

DEMOGRAPHICS
9 Ethnicity and Age
White alone constitutes the largest ethnicity of
Carpinteria Valley residents, followed by a mix of
2 or more races. Asian, Black/African American,
and Native American round out the balance of
the population’s ethnicity. The composition of
ethnicity in the Valley has been relatively constant
since the 2010 census.

Just over 20 percent of the resident population is
under 18 years old, largely constituting the preschool and K-12 school age population. In 2023, The 5 to 17 year old population population was
estimated at 2,470 children.

College age population constitutes 9.2 percent of
the total. Entry and mid-level managerial worker
age populations (25 to 44 years old) account for
the largest population share at 27 percent. The
population that would overlap with the senior level
workforce comprises 24 percent of Carpinteria
Valley residents. The retirement age population
(65 years and over) accounts for nearly 19 percent
of the local population.

Household Income
• The Carpinteria Valley has evolved as a
relatively affluent area where residents report
higher incomes than the average California or
average Santa Barbara County resident.
• As of 2023, the median household income
in the city of Carpinteria is $83,882, which is
lower than Santa Barbara County ($84,816) and
California ($89,113).

White 74%
Black 1%
Native American
1%
Asian 2%
Other 22%
Ethnicity of Population / Carpinteria Valley • 2023

5.2 20.6

8.9 25.7 24.3

11.9 8.6
0 5
10 15
20 25
30 0 to 4 5 to 17 18 to 24 25 to 44 45 to 64 65 to 74 75 & over percent of Population by Age Category / Carpinteria Valley population 2023 Principal Fall 2022
School Enrollment
Canalino Elementary 506
Aliso Elementary 347
Carpinteria Family 70
Summerland Elementary 49
Carpinteria Middle 438
Howard School 78
Carpinteria High 678
Cate High School 279
Source: California Economic Forecast

DEMOGRAPHICS
2023 CARPINTERIA VALLEY ECONOMIC PROFILE 10
Demographic Snapshot Carpinteria 2023
• More than 40 percent of households earned
$100,000 or more. An unusually high share
(almost 19 percent) earned more than
$200,000.
• Carpinteria also has a flatter distribution of
income than California or Santa Barbara
County. Carpinteria has a larger share of
households with incomes between $50,000
and $199,999 and a lower share of households
with incomes below $50,000.
• Housing costs in Southern Santa Barbara
County, including Carpinteria, have come
to influence the distribution of income in
the resident population. Because housing
affordability remains a growing issue,
higher income households are better able
to obtain housing in the region. Over time,
higher income households have moved into
Carpinteria and some low income households
have migrated elsewhere.

Education
• According to Claritas, a demographic data
company, 23 percent of residents aged 25 and
older have a bachelor’s degree in the City of
Carpinteria, and 14 percent have an advanced
degree.
• Across Santa Barbara County, 21 percent of
residents have a bachelor’s degree and 14
percent have an advanced degree.

Population Population with
Change Population in Population Median 4-Year Degree
Since Labor in Household or
Population 2010 (%) Force (%) Poverty (%) Income ($) Higher (%) City of Carpinteria 12,711 -2.3 65.3 3.0 83,882 36.7
Santa Barbara County 448,731 5.9 63.2 6.6 84,816 34.8
California 39,455,491 5.9 63.5 8.6 89,113 34.7
Population Population Population
Age 5-17 (%) Age 25-64 (%) Age 65+ (%)
City of Carpinteria 2,108 15.9 6,637 51.1 2,588 19.5
Santa Barbara County 72,939 16.3 209,385 46.7 74,753 16.7 California 6,382,689 16.2 20,793,813 52.7 6,368,969 16.1 Source: California Department of Finance, Claritas, California Economic Forecast 14 16
18 20
22 24
26 28
30 32
Less Than $50,000 $50,000 - $99,999 $100,000 - 199,999 $200,000 and Above percent of Household Income
households 2023
City of Carpinteria Santa Barbara County California

DEMOGRAPHICS
11 CALIFORNIA ECONOMIC FORECAST
• Statewide, 22 percent of the population has
a bachelor’s degree and 13 percent has an
advanced degree.
• Approximately 31 percent of Carpinteria
residents have earned an associate’s degree,
or have attended some college classes
without graduating, while 23 percent have a
high school diploma or less.

California schools now administer the CAASPP
exam – a replacement system for the old
California Standard Test (CST).

The State of California has established
benchmarks for student scores, and schools can
be evaluated by the rate at which their students
pass these benchmarks.

Because information for the 2022-2023 school
year is currently still unavailable, the most
recently available data is for the 2021-2022
school year.
• On the English Language Arts portion of
the CAASSP, approximately 43 percent of
students met testing benchmarks in the
Carpinteria USD, according to the California
Department of Education.
• Across California, 47 percent of students met
benchmarks on the English Language Arts
test.
5 10
15 20
25 30
35 40
High School or Less Some College Bachelor's Degree Advanced Degree Educational Attainment Among
percent of Population Age 25 and Older
population 2023
Santa Barbara County
City of Carpinteria
California

DEMOGRAPHICS
12 CALIFORNIA ECONOMIC FORECAST
• Approximately 44 percent of students met
Math benchmarks in the Carpinteria USD,
while 54 percent met benchmarks statewide.
• Testing results varied by race and ethnicity. In
the Carpinteria USD, 65 percent of Asian and
70 percent of White students met benchmarks
in English Language Arts, while 35 percent
of Hispanic or Latino students met the
benchmarks.1
• In Math, approximately 70 percent of Asian
and 62 percent of White students met
benchmarks at Carpinteria USD, compared to
29 percent of Hispanic or Latino students.
• Statewide, Asian students met benchmarks
at higher rates than White or Hispanic/Latino
students on both tests.

The California Department of Education records
the four-year adjusted cohort graduation rate
each year. This includes the number of students
in each cohort, the number of students who
received a regular high school diploma, and the
number of students who graduated meeting UC/
CSU requirements.

During the 2021-2022 school year, the
Carpinteria Unified School district had a
graduation rate of approximately 97%, which is
the highest rate on record.
___________________________________________
1 The California Department of Education only provides data for the White, Asian, and Hispanic/Latino groups for the Carpinteria Unified School District for the CAASPP.

DEMOGRAPHICS
13 CALIFORNIA ECONOMIC FORECAST
24%
28%
32%
36%
40%
44%
48%
2016-2017 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 School Year
Percent of Students Meeting UC/CSU
Requirements By School Year
percent of
students Carpinteria FY 2017 -- FY 2022
SB County
California
Santa Barbara County and the entire state of
California also had their highest graduation rates
in the 2021-2022 school year, both being above
90%.

These all-time high rates are most likely due to
the California Legislature enacting Assembly
Bill 104, which altered specific policies to help
students earn their diplomas following the
COVID-19 pandemic.

The pandemic took a toll on many students
education during the 2020-2021 school year,
and grades took a significant dip. AB 104 was
signed off on by California Governor Gavin
Newsom in July of 2021, and provides students
with three options towards learning recovery:
pass/no pass grading, student retention, and
altered graduation requirements.
84%
88%
92%
96%
100%
2016-2017 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 School Year
Percent of Students Graduating By School Year percent of students
FY 2017 -- FY 2022
Carpinteria
SB County
California
Evidently, the bill was successful at increasing
graduation rates, even if it came at the cost of
lowered academic standards.

As for the percentage of graduating students
meeting UC/CSU requirements, the bill didn’t
seem to have much of an impact. In the 2021-
2022 school year, 46% of California students
met the requirements, 40% of Santa Barbara
county students met the requirements, and 43%
of Carpinteria students met the requirements.

EMPLOYMENT AND INCOME
14 Employment and Unemployment
The labor market is currently the strongest pillar of
the Carpinteria economy, indicative of California
labor markets in general which are showing few
signs of weakening through the first half of 2023.

Total overall jobs have been restored from the
pandemic recession, and total employment is
now at record levels in both the County of Santa
Barbara and the Carpinteria Valley.

Carpinteria is a jobs center, with more jobs
available than a resident labor force to fill
it. Because the population of Carpinteria is
shrinking, this has limited the growth of the
resident labor force amid the growing demand
by local employers for workers. The region
draws from the Santa Barbara and Ventura
labor markets to accommodate the demand for
workers, especially by the largest employers.

The unemployment rate fell to as low as 2 percent
in the spring of 2022, and remained very low
reflecting a very tight labor market until early
2023. It has since increased, averaging 4.0
7,000
7,500
8,000
8,500
9,000
9,500
10,000
10,500
Jun-10 Jul-12 Aug-14 Sep-16 Oct-18 Nov-20 Dec-22
Total Employment / Carpinteria Valley
June 2010 -- December 2022 jobs

1.0 1.5

2.0 2.5

3.0 3.5

4.0 4.5

5.0 5.5
Apr-21 Jul-21 Oct-21 Jan-22 Apr-22 Jul-22 Oct-22 Jan-23 Apr-23 Unemployment Rate percent
unemployed
April 2021 -- April 2023
Santa Barbara
Carpinteria
Goleta
percent for the year. Unemployment rates in
neighboring Santa Barbara and Goleta are also
rising as the general economy slows down in
2023.

Labor markets are still fully utilized, however,
and job openings are still at above average
levels. Heath care and education are the
principal sectors with job openings, followed by
manufacturing.
750
825
900
975
1,050
1,125
1,200
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022
Employment in Hotels, Restaurants, Bars, Catering
Carpinteria Valley
2012 - 2022 jobs

EMPLOYMENT AND INCOME
15 CALIFORNIA ECONOMIC FORECAST
Total ads
August 2023 246
September 2021 195
February 2020 140
Job Postings Carpinteria Valley
Since 2020, construction has been the fastest
growing employment sector, followed by
entertainment & recreation services, and private
education. All of the pandemic-related job
loss in 2020 was restored in 2021, including
accommodation and food services. Between
2021 and 2022, an estimated 517 total new jobs
were created.

Construction employment has increased
because of new development projects in
the Valley, including the freeway widening
and overpass project, 700 Linden, and other
rehabilitation projects around the City. In view
of the number of future projects in the planning
process, construction employment is likely to
remain at current levels for the next two years.
700
750
800
850
900
950
1,000
1,050
1,100
1,150
1,200
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022
Employment in Professional & Business Services
Carpinteria Valley
2012 - 2022
jobs
Cannabis production was surging in Carpinteria
Valley in 2019 and 2020, along with agricultural
employment. The industry is only producing
indoor, occupying the greenhouses that used
to grow orchids and other flowers before 2018.

Employment remains at its highest levels
although cannabis production has softened due
to both steep price declines in the cultivation
and retail markets, as well as an overabundance of supply statewide. 325
350
375
400
425
450
475
500
525
550
575
600
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022
Employment in Construction / Carpinteria Valley
2012 - 2022 jobs
1,225
1,250
1,275
1,300
1,325
1,350
1,375
1,400
1,425
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022
Employment in Manufaturing
Carpinteria Valley
2012 - 20221 jobs

EMPLOYMENT AND INCOME
2023 CARPINTERIA VALLEY ECONOMIC PROFILE 16
The rebound in hotel and food services
employment has been evidence of a
strengthening visitor industry, and employment
in retail stores has surged since the economy
fully reopened in the spring of 2021. Many retail
jobs in the Carpinteria Valley support residentserving grocery stores like Albertsons and Smart & Final, but visitor-serving restaurants and bars
account for 21 percent of all retail outlets and 29
percent of total retail sales.
450
475
500
525
550
575
600
625
650
675
700
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022
Employment in Retail Trade / Carpinteria Valley
2012 - 2022 jobs
425
450
475
500
525
550
575
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022
Public Sector Employment / Carpinteria Valley
2012 - 2022 jobs
Average Salaries
Average salaries rose 7.4 percent in 2022 and
are now at just under $70,000 per worker.

With an average salary of $166,000, the
management sector paid the highest wages in
2022.
2020 to 2022
Sector 2018 2020 2022 pecent change
--------------------------– total jobs –-------------------------- Agriculture 1,295 1,575 1,845 17.1
Construction 457 464 585 26.2
Manufacturing 1,285 1,298 1,361 4.9
Wholesale Trade 710 508 521 2.6
Retail Trade 561 572 681 19.1
Information 1,211 1,041 1,071 2.9
Finance & Insurance 190 173 183 5.8
Real Estate & Rental & Leasing 140 123 126 2.7
Professional, Scientific, & Technical 323 404 415 2.6
Management Of Companies & Enterprises 98 77 54 -29.7
Admin Suppor, Waste Mgmt & Remediation 474 599 712 18.9 Educational Services (NGOs) 215 216 267 23.3
Health Care & Social Assistance 292 308 368 19.6
Arts, Entertainment, & Recreation 139 119 149 24.6
Accommodation & Food Services 1,197 819 991 21.0
Other Services 137 133 162 22.1
Utilities, Mining, Transporation, Warehousing 81 74 76 2.1 Public Sector (City, State, Schools) 481 464 512 10.3
Total, all Industries 9,285 8,967 10,078 12.4
Employment by Sector Carpinteria Valley

EMPLOYMENT AND INCOME
17 CALIFORNIA ECONOMIC FORECAST
The manufacturing, finance, information, utilities,
and professional services sectors generate
relatively high salaries, and dominate the largest
employers in Carpinteria. Because of the
large hospitality and visitor services sector, the
average per worker salary is lower overall for the
entire workforce in the Valley labor market.

The lowest paying sectors are hotels,
restaurants, bars, and caterers. These
businesses have large numbers of young
workers, part time workers, and workers without
college degrees, and compensation tends to be
lower.

Largest Employers in the
Carpinteria Valley
In the Carpinteria Valley, the California Economic
Forecast identified 12 organizations that have
sizeable employee headcounts. This information
was obtained through phone surveys that were
conducted in May of 2023.

Sector 2022 Average Salary*
Management Of Companies 165,898
Information 135,445
Finance & Insurance 92,985
Professional, Scientific, & Technical 92,359
Manufacturing 91,206
Wholesale Trade 81,574
Construction 67,743
Local Public Sector 67,118
Educational Services 62,848
Real Estate & Rental & Leasing 55,217
Other Services 53,897
Administration and Support Services 52,572
Agriculture 48,798
Transportation & Warehousing 47,020
Health Care & Social Assistance 40,802
Retail Trade 40,196
Arts, Entertainment, & Recreation 38,751
Hotel & Food Services 32,194
Total, All Industries 69,165
*dollars per worker
Source: California Economic Development Department
and the California Economic Forecast
Average Annual Salary Carpinteria Valley
46,000
49,000
52,000
55,000
58,000
61,000
64,000
67,000
70,000
2014 2015 2016 2017 2018 2019 2020 2021 2022
Average Salary / Carpinteria Valley
2014 - 2022
dollars
per worker

EMPLOYMENT AND INCOME
2023 CARPINTERIA VALLEY ECONOMIC PROFILE 18
Many of these organizations have locations
in other counties, states, and nations, but the
information presented in this section is limited to
jobs located in the Carpinteria Valley.

For the 12 organizations surveyed, employment
totaled 2,894 workers in May 2023.

Employment overall is not lower in 2023 than
in 2021 when the last survey was conducted.

But the largest employers now employ fewer
workers than 2 years ago, due in large part
to remote work and/or transfers to alternative
operations or other areas.

In the Carpinteria Valley, the largest employer
is still Procore, a firm that designs software
programs for the construction industry. Procore
expanded rapidly through 2019, growing to
over 700 employees over five years. Procore’s
headcount in Carpinteria has declined as many
workers have transferred to Procore operations
in other states, notably Texas.

Agilent and Gigavac added the largest numbers
of jobs over the last two years. Agilent,
a medical diagnostics firm, increased its
headcount by 25 while Gigavac, which makes
parts for electronic vehicles, added 68 new
workers.

In the public sector, the largest employer is the
Carpinteria Unified School District. With 310
employees, it is also larger than any private
organization except for Procore and Agilent.
2021 Employee 2023 Employee Change from
Rank Organization Industry Headcount Headcount 2021 to 2023 1 Procore Software Services 611 480 -131
2 Agilent Medical Diagnositcs 425 425 0
3 LinkedIn Private Education Services 336 274 -62
4 Carpinteria USD Public School District 310 336 26
5 Gigavac Industrial Manufacturing 300 300 0
6 Nusil Technology Silicone Manufacturing 275 275 0
7 Plan Member Services Financial Services 180 183 3
8 Bega US Industrial Manufacturing 160 174 14
9 Continental Auto systems Automotive Lidar Design 125 70 -55 10 Albertsons Grocerey Store 122 124 2
11 AGIA, Inc. Insurance Services 119 119 0
12 Freudenberg Medical Medical Product Design 90 134 44 Total 3,053 2,894 -159
Source: California Economic Forecast
Largest Employers Carpinteria Valley September 2023

RESIDENTIAL REAL ESTATE
19 The 2023 housing market is haunted by the
highest mortgage rates in 15 years, record high
home prices, and a slowing economy. These
factors have sharply reduced the number of
housing transactions throughout the nation, the
state and in Santa Barbara County.

Existing home sales in the Carpinteria Valley
declined 25 percent in 2022 and have dropped
another 28 percent in 2023.

In 2021, homebuying was prolific to the point of
buyer panic. Half of all properties were selling
above the asking price and bidding wars were
common.

Conditions in 2023 have changed, and are largely
impacted by the lack of inventory. As selling
prices have leveled off and financing rates remain
high, sellers are not anxious to sell their homes
into a market where prices are no longer rising
and in some instances are correcting.
10 20
30 40
50 60
70 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 Home Sales / Carpinteria
2012 -- 2023
Condominiums
Single family
detached
number
of sales
0 10
20 30
40 50
60 Apr-13 Apr-15 Apr-17 Apr-19 Apr-21 Apr-23
number of Home for-sale Inventory / Carpinteria Valley
homes April 2013 -- April 2023
500
750
1,000
1,250
1,500
1,750
Apr-13 Apr-15 Apr-17 Apr-19 Apr-21 Apr-23
Median Home Selling Price / Carpinteria Valley thousands of dollars April 2013 -- April 2023
Consequently, the lack of inventory is limiting the
supply of available homes which is preventing
market values for homes from moderating further.

In fact, selling values do not appear to have
declined much due to the scarcity of available
homes for sale.

RESIDENTIAL REAL ESTATE
20 CALIFORNIA ECONOMIC FORECAST
0 75
150
225
300
375
450
2003 2005 2007 2009 2011 2013 2015 2017 2019 2021 2023
Mobile Home Median Selling Price
Carpinteria Valley thousands
of dollars 2003 - 2023
Source: Santa Barbara Association of Realtors
And while the available inventory of condos and
mobile homes is also scarce in the Carpinteria
Valley, these housing types have much lower
selling prices, providing affordable options
for households that are unable to enter the
traditional single-family home ownership market.

During the first half of 2023, the median price of
the single family detached homes that sold was
$1.8 million, as reported by Redfin. If financed
at 80 percent of value, the monthly payment
is $10,734. For the median-priced condo of
$822,500, the monthly payment was $4,940.

These payments include property tax and
insurance.

Mobile homes are particularly prominent in
Carpinteria and represent a more affordable
housing option. The total stock of occupied
mobile homes in the Carpinteria Valley is
estimated at 861. Aside from rural regions, no
other jurisdiction in California has a higher share
of mobile homes than the city of Carpinteria.

The median selling price for mobile homes
peaked in 2022 at $461,000, but the median
value declined for subsequent sales occurring in
2023.
0 10
20 30
40 50
60 2002 2004 2006 2008 2010 2012 2014 2016 2018 2020 2022 Mobile Home Sales / Carpinteria Valley homes
sold 2002 - 2022
Source: Santa Barbara Association of Realtors
275
350
425
500
575
650
725
800
875
2003 2005 2007 2009 2011 2013 2015 2017 2019 2021 2023
Condominium Median Selling Price
thousands Carpinteria Valley of dollars 2003 - 2023
Source: Santa Barbara Association of Realtors

RESIDENTIAL REAL ESTATE
2023 CARPINTERIA VALLEY ECONOMIC PROFILE 21
In general, single family detached and
condominium home prices in Carpinteria are
similar to those of the broader South Santa
Barbara County market. However, in the city
of Carpinteria, apartments and mobile homes
account for 53 percent of the housing stock,
representing a larger proportion of affordable
housing for resident households, compared
to any other city in Santa Barbara or Ventura
Counties.

Apartment rents in Carpinteria are approximately
9 percent lower than the average monthly rent
for all apartments in adjacent Santa Barbara.

Nevertheless, average monthly rental rates for
apartment units have soared since April of 2020,
rising 30 percent.

Carpinteria Valley Residential Real Estate 2017-2023*
2017 2018 2019 2020 2021 2022 2023*
Single-Family Homes
Listings (units) 129 145 111 127 106 106 35
Sales (units) 91 78 89 95 94 76 26
Median Selling Price ($) 1,040,000 1,161,900 1,150,000 1,245,000 1,751,902 1,865,000 2,262,500 percent change 14.3 11.7 -1.0 8.3 40.7 6.5 21.3
Condos
Listings (units) 91 121 91 87 118 68 20
Sales (units) 74 76 72 72 108 59 16
Median Selling Price ($) 566,000 585,000 577,500 631,000 692,500 820,000 780,000 percent change 1.3 3.4 -1.3 9.3 9.7 18.4 -4.9
Mobile Homes
Listings (units) 36 48 43 36 28 32 12
Sales (units) 38 24 34 36 27 20 11
Median Selling Price ($) 280,750 298,250 292,000 311,000 395,000 460,750 369,000 percent change 22.1 6.2 -2.1 6.5 27.0 16.6 -19.9
* Estimated with data for January 1 - April 2023
Source: Santa Barbara Association of Realtors and California Economic Forecast 2,500
2,700
2,900
3,100
3,300
3,500
3,700
3,900
4,100
Apr-17 Apr-18 Apr-19 Apr-20 Apr-21 Apr-22 Apr-23
Average Apartment Rent / Carpinteria dollars
per month April 2017 -- April 2023

COMMERCIAL REAL ESTATE
22 Office Market
The Carpinteria office market has been impacted
by downsizing of the region’s largest employer,
ProCore. As of April 1, 2023, the vacancy rate
had soared to 27.1 percent for the entire office
market, largely due to the vacancy of nearly
80,000 square feet of space in two buildings on
Carpinteria Avenue---both Procore subleases.

The next largest vacancy is just under 9,000
square feet on Cindy Lane. After that, there are
few other vacancies. The current environment
demonstrates how every vacancy can make a
large splash in a limited inventory market.

Rising vacancy in the general office market
today is the result of the workforce shifting to
remote work locations, typically their homes.

The ProCore subleases are due to shifts by
many of ProCore’s employees to alternative
company locations in the U.S, particularly Austin
Texas.
0 4
8 12
16 20
24 28
2018 Q1 2019 Q1 2020 Q1 2021 Q1 2022 Q1 2023 Q1
percent Office Vacancy Rate / Carpinteria Valley
vacant 2018 Q1 - 2023 Q1

1.40 1.60

1.80 2.00

2.20 2.40

2.60 2.80
2018 Q1 2019 Q1 2020 Q1 2021 Q1 2022 Q1 2023 Q1
Office Lease Rate / Carpinteria Valley dollars per
square foot 2018 Q1 - 2023 Q1
Most Carpinteria area employees are now
working in the office but an estimated 25 to 35
percent are on a hybrid schedule, and most
local companies have maintained their office
leases. Consequently, with very few actual
vacancies, average lease rates have held firm or
have continued to marginally rise.

Very few office-using firms have had major
layoffs over the last year, and some have
expanded despite the slowing business cycle in
2022 which has continued into 2023.

LinkedIn now operates with a policy that
enables all permanent employees to work-fromanywhere, opening the door to downsizing its physical footprint. However, because LinkedIn’s
Carpinteria campus is unique in that it produces
educational videos that frequently require
sophisticated equipment, many workers need
to be on site. Furthermore, Linkedin owns the
space, so it’s likely to retain the entire campus
intact to accommodate future growth.

COMMERCIAL REAL ESTATE
2023 CARPINTERIA VALLEY ECONOMIC PROFILE 23
0 1
2 3
4 5
6 7
8 2018 Q1 2019 Q1 2020 Q1 2021 Q1 2022 Q1 2023 Q1
percent Industrial Vacancy Rate / Carpinteria Valley
vacant 2018 Q1 - 2023 Q1
Industrial Market
Over the last 6 months, industrial leasing has
been active throughout the South Coast, and
lease rates for space have been flat in Santa
Barbara, and generally rising in Goleta and
Carpinteria.

The industrial sector continues to be a mix of
technology companies and various service
industries. With no significant industrial projects
in the pipeline, vacancy rates will continue
to remain tight along the South Coast for the
indefinite future.

0.75 1.05

1.35 1.65

1.95 2.25

2.55 2.85
2018 Q1 2019 Q1 2020 Q1 2021 Q1 2022 Q1 2023 Q1
Industrial Lease Rate / Carpinteria Valley dollars per
square foot 2018 Q1 - 2023 Q1
In Carpinteria, there is just one industrial
vacancy of 15,600 SF at 6384 Via Real. The
vacancy rate has dropped to just 1.2 percent at
the end of 2022 and remains at that level today.

The Carpinteria market is limited of inventory,
having had three notable leases in late 2022
involving expanding companies and one new
entrant into the market. Rincon Power leased
8,600 SF at 6381 Rose Lane; Soil Organics
leased a healthy 34,400 SF of former ProCore
space at 6395 Cindy Lane; and an undisclosed
tech company leased 20,000 SF at 5251 6th
St. While office space is plentiful in Carpinteria,
industrial product is and will remain scarce for
the foreseeable future.

Lease rates for industrial facilities have declined
consistently over the last two years, falling to
just $1.15 per square foot, making Carpinteria
a much more affordable option than Santa
Barbara ($2.78 per square foot) or Goleta ($1.61
per square foot).

Retail Market
The Carpinteria Valley retail market is comprised
of a relatively small number of retail storefronts,
which are largely locally owned shops.
50 60
70 80
90 100
110
120
130
140
150
1998 2000 2002 2004 2006 2008 2010 2012 2014 2016 2018 2020 2022 millions Retail Sales / City of Carpinteria of dollars 1998 -- 2022

COMMERCIAL REAL ESTATE
2023 CARPINTERIA VALLEY ECONOMIC PROFILE 24
Commercial Real Estate Carpinteria Valley 2021 Q3 - 2023 Q1 2021 Q3 2021 Q4 2022 Q1 2022 Q2 2022 Q3 2022 Q4 2023 Q1 Office
Lease Rate ($ per SF) 2.19 2.32 2.19 2.2 2.51 2.44 2.69 Vacancy Rate (%) 1.7 3.7 2.8 2.4 3.5 1.2 1.2
Industrial
Lease Rate ($ per SF) 1.35 1.78 2.06 1.87 1.93 2.45 2.45 Vacancy Rate (%) 1.7 3.7 2.8 2.4 3.5 1.2 1.2
Retail
Lease Rate ($ per SF) 2.14 2.18 2.09 2.21 2.28 2.26 2.23 Vacancy Rate (%) 6.7 5.4 4.3 4.0 4.2 4.2 4.0
Source: Radius Commercial Real Estate, and the California Economic Forecast 2 3
4 5
6 7
8 9
10 2018 Q1 2019 Q1 2020 Q1 2021 Q1 2022 Q1 2023 Q1
percent Retail Vacancy Rate / Carpinteria Valley
vacant The local retail market has not followed the 2018 Q1 - 2023 Q1 same trends as the markets in Santa Barbara
and Goleta where big-box stores have
populated the retail landscape, including Target,
Ross, Costco, and large department stores
like Sears, Macy’s or Nordstrom. Therefore,
Carpinteria is not prone to the empty store
syndromes that have plagued larger retail cities
in recent years. Santa Barbara is currently faced
with an empty Nordstrom, Macy’s, and Sears,
along with the stretch of vacant storefronts
on State Street that have led to a downtown
vacancy rate of 14 percent. Aside from its
grocery stores, Carpinteria has very few big
facilities that would need to be repurposed in
the event of a store closure.

The Carpinteria retail market is showing few
signs of weakness, during a year in which
general economic growth is softening. The
restaurant and bar sector has rebounded
sharply from the pandemic recession, as have
gasoline sales due to higher prices for fuel
during the current inflationary environment.

2.00 2.20

2.40 2.60

2.80 3.00

3.20 3.40
2018 Q1 2019 Q1 2020 Q1 2021 Q1 2022 Q1 2023 Q1
Retail Lease Rate / Carpinteria Valley dollars per
square foot 2018 Q1 - 2023 Q1

RETAIL TRADE AND TOURISM
25 The Retail Industry
Taxable Retail Sales
Spending at retail stores and shops in the city
of Carpinteria has surged since the pandemic
restrictions were lifted entirely in the spring of
2021.

A material transition to online spending and
warehouse centers by consumers has generally
occurred over the last several years and particularly since the pandemic. Retail sales rose sharply in 2022, by 12 percent over 2021. The
principal category of spending is food and beverage sales, by both residents and visitors.

At restaurants, taxable sales jumped 17 percent in 2022. And due to rising gasoline prices throughout 2022, fuel sales soared 33 percent.

Both of these categories of retail expenditure are
supported in large part by visitors to or through
the area. The two categories of expenditure account for 57 percent of all taxable retail sales in the City of Carpinteria.

With traffic now flowing freer on Highway 101,
more vehicles can traverse the freeway every
day, generating more fuel stops at Casitas Pass
and Santa Monica Roads. Because fuel sales
are heavily dependent on visitor stops, sales at
gas stations rise faster during periods of peak
travel, or from April to September.
105
110
115
120
125
130
135
140
145
2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 millions Taxable Retail Sales / City of Carpinteria of dollars 2011 - 2022 4 5
6 7
8 9
10 11
12 13
2015 Q3 2016 Q4 2018 Q1 2019 Q2 2020 Q3 2021 Q4 2023 Q1 Restaurant & Bar Retail Sales / Carpinteria millions of dollars 2015 Q3 -- 2023 Q1
Share of Retail Sales by Category / Carpinteria
2022
Gas Stations
28%
Restaurants
& Bars
29%
Food & Grocery
Stores
16%
Other
16%
Hardware & Nurseries
10%

RETAIL TRADE AND TOURISM
2023 CARPINTERIA VALLEY ECONOMIC PROFILE 26
Tourism and Retail Spending
The Carpinteria retail environment is heavily
dependent on tourism activity. Visitors to
Carpinteria account for an estimated 75
percent of all retail sales. Since 2019, the City
of Carpinteria has collected a sales tax of 1.25
percent to 1.5 percent, with visitors contributing
more than $1.5 million to the City budget
through sales taxes.

The annual Avocado Festival is the most prominent single contributor to tourist retail spending, attracting an estimated 100,000 visitors to the
Carpinteria Valley over a 3 day weekend in early
October. These visitors typically spend an average of $41 per day in the Carpinteria economy, totaling $3.1 million for the 3-day festival.

The Avocado festival was cancelled in 2020
and 2021, which impacted taxable retail sales
in the city during those years, but the event was
restored in 2022, which contributed to the surge
in local spending.

0.8 1.0

1.2 1.4

1.6 1.8

2.0 2.2
2013 2014 2015 2016 2017 2018 2019 2020 2021 2022
Distribution of Sales Taxes to Carpinteria
fiscal year 2013 -- 2022
millions
of dollars
Local Tourism
The Carpinteria State Beach and City Beach are
the principal visitor attractions to the community.

State Beach annual attendance is estimated by
the Park Service at 895,853 visitors.

The entry fee for the State Beach is $10 per day.

There are 208 sites in the overnight campground
with fees ranging from $45 to $80 per night for
hook-ups. Direct fees for day use and overnight
camping generated $4.6 million in 2019, the latest year for which the statistical data are available.

Lifeguards are on duty at both beaches during
the summer months. Kayak rentals are a popular
activity. There is also volleyball, picnic tables,
and showers.

Carpinteria State Beach Map

RETAIL TRADE AND TOURISM
27 CALIFORNIA ECONOMIC FORECAST
Formal Overnight Visitor
Accommodations
There are seven transient lodging facilities within
the city of Carpinteria, totaling 594 rooms.

Monthly average occupancy rates range from 50
percent in the winter to over 80 percent during
the summer months. During 2022, the annual
occupancy rate was 70.2 percent, an increase of
2 ½ percentage points over the average annual
occupancy during 2021.

During peak periods of the year, such as during
the Avocado Festival and in the months of July
and August, transient facilities fill up. This has
prompted the need to add additional transient
establishments in the City. Currently there are
proposals to build three new transient facilities: the Via Real Hotel, The Surfliner Inn, and a 99 room lodge as part of the Carpinteria Farm.

These are discussed in more detail in the New
Development Chapter.

The daily room rate in Carpinteria averaged
$155 in 2022. The average through May of 2023
is slightly lower.

The hotel occupancy rate is expected to average 65 percent in 2023, less than the 2022 average. Lower utilization forecast for 2023 is due to higher travel costs, higher inflation in general,
and a slowdown in the statewide economy.
8 10
12 14
16 18
20 22
24 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023* Hotel Room Sales / Carpinteria Valley
2011 - 2023
millions
of dollars
* estimated for the year based on actual room sales through May 2023 Number
Hotel / Motel of Rooms
Best Western 145
Casa Del Sol 21
Hotel Inn Express 108
Motel 6 Carp 139
Motel 6 Via 125
Sandyland Reef 52
Watermark 4
Total 594
Source: California Economic Forecast
70 80
90 100
110
120
130
140
150
160
2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023
Average Daily Room Rate / Carpinteria Valley
2013 - 2023*
* through March 2023
dollars
per night

RETAIL TRADE AND TOURISM
2023 CARPINTERIA VALLEY ECONOMIC PROFILE 28
Room revenues from the seven hotels generated
$2.6 million in tax receipts to the City of
Carpinteria in fiscal year 2022. The transient
occupancy tax (TOT) rate is 12 percent. For
fiscal year (FY) 2023, TOT receipts are estimated
to be slightly higher, adding a similar amount of
tax revenue to FY2023 City finances.

Vacation Rentals
Vacation rentals (VRs) are private homes that are
rented to tourists or other visitors for 30 days or
less. They are frequently advertised on websites
including Airbnb and VRBO.
20 30
40 50
60 70
80 90
Jun-19 Nov-19 Apr-20 Sep-20 Feb-21 Jul-21 Dec-21 May-22 Oct-22 Mar-23 Hotel-Motel Occupancy Rate / City of Carpinteria percent June 2019 -- March 2023 The City of Carpinteria primarily allows homes in
residential neighborhoods to be used as vacation rentals in the downtown district, near the beach. In this region of the city, a maximum
of 236 VRs can be permitted. 218 of these are
restricted to the area between Ash Ave. and
Linden Ave., and in between the train tracks and
the beach.

The VR program began in mid-2017. Over
time, it has become increasingly popular with
visitors generating $7 million in sales in calendar
2022. In 2023, vacation rentals are on pace to
record another $6.2 million in total revenues,
contributing $746,000 to the City budget in the
form of lodging taxes.
200
300
400
500
600
700
800
900
2018 2019 2020 2021 2022 2023*
VR Transient Occupancy Taxes / Carpinteria thousands
of dollars 2018 - 2023
• estimated for calendar 2023 based on actual tax receipts received through May 2023

NEW DEVELOPMENT
29 Residential and Non-Residential
Permit Activity
Over the last two calendar years of 2021 and
2022, a total of 15 residential units have been
permitted in the city of Carpinteria, representing
a slight increase from the number of units
permitted from 2016 to 2020.

At the end of 2021, permits were issued for
the 700 Linden project which is underway
now. Nearly $10 million in renovations of
existing non-residential structures, along with
projects associated with the 101 widening
have contributed to recent new development
momentum in Carpinteria.

In 2021 and 2022, total investment in both
residential and commercial or industrial
structures was recorded at $62 million, the
largest 2 year total on record.
0 10
20 30
40 50
2006 2008 2010 2012 2014 2016 2018 2020 2022
Total Investment in Residential and Non-Residential
Structures / City of Carpinteria millions
of dollars 2006 - 2022
0 10
20 30
40 50
60 70
80 90
2006 2008 2010 2012 2014 2016 2018 2020 2022
New Residential Units / City of Carpinteria
2006 - 2022
units
The development of new commercial and
industrial structures accounts for about half of
total investment in the 2021-2022 period. New
single family home development represents
25 percent of all building activity. The balance
of total development went to alternations and
remodel work, mostly to commercial buildings.

The project pipeline has been expanding rapidly
since 2020, and includes 101 residential units, a
50-unit assisted living facility, 3 hotels, a skate
park, and a 60,000 square foot warehouse
conversion project by Procore. Currently, 14
residential units are under construction and 9
more are approved waiting to start construction.

The GranVida Senior facility is also approved.

Just over 80,000 square feet of commercial
space is under construction, including 700
Linden and the skate park. The Surfliner Inn
along with the Carpinteria Farm, Hospitality and
Residential project are anticipated to start the
development review process this year.

NEW DEVELOPMENT
2023 CARPINTERIA VALLEY ECONOMIC PROFILE 30
Status of Particular Projects
Granvida Phase II Expansion
The Granvida Phase II Expansion project is a
50-unit assisted living facility originally proposed
in 2018. The site is situated at 5464 Carpinteria
Avenue.

The project features a 2-story building
containing 11 studio units (averaging 370 square
feet), 33 one-bedroom units (580 square feet)
and 6 two-bedroom units (800 square feet).

As of March 2023, the entitlement process and
the design development phase were completed,
however the project has been delayed due to
change of ownership and is currently inactive.

Bailard Avenue Housing Project
An apartment complex with 173 units has been
proposed for Bailard Avenue. The project site is
outside of the Carpinteria city limits but would
have a meaningful impact on the housing supply
for the Carpinteria Valley.

Of the 173 units in the project, a total of 41
would be reserved for low-income residents
and the remaining 132 units would be rented at
market rates.

The project is receiving backlash from residents
of Carpinteria who are concerned about the
surrounding neighborhoods being impacted.

A community group, Save Bailard Farm, has
collected more than 2,500 signatures opposing
the project, with many advocates alleging that
the state’s housing needs allocation has forced
the county to push the urban-rural boundary into
areas that were traditionally used for agricultural
purposes.

The City of Carpinteria City Council
also opposes the Bailard project due to
inconsistencies with local and state Coastal Act
provisions.

The project is still in the conceptual phase, with
changes likely to evolve.

Granvida Phase II Expansion | source: Noozhawk

NEW DEVELOPMENT
31 CALIFORNIA ECONOMIC FORECAST
Vernon Residences
The Vernon Residences project could produce
5 new residential units at 502 Maple Avenue,
adjacent to Island Brewing Company.

The area has a mix of commercial, industrial,
and residential facilities, and is within walking
distance to the Carpinteria Amtrak station. The
project is currently awaiting approval. There is
no estimated timeline for this project yet.

Zins Condominiums
The Zins Condominium project is located
at 4905 Eighth Street, on the corner of Elm
Avenue. The project would demolish an existing
single-family residence and construct three new
condominium units. The project was approved
by the Planning Commission on February 6,
2023.
5775 Carpinteria Avenue
A new 1,500-square-foot storage building
is proposed for the City Hall campus,. This
building is located at 5775 Carpinteria Avenue,
which comprises the City Hall campus. The
storage building has been approved by planning
but no building permits have been submitted
yet.

Via Real Hotel
The project site for this proposed 72-room hotel
is located on Via Real between Santa Monica
Road and Cravens Lane. The 44,000 square foot
hotel would be two stories in height.

The proposal was recently approved by the
Carpinteria Planning Commission.

Mixed Use Project
The project at 4745 Carpinteria Avenue
is comprised of 24 apartment units and
4,300-square-feet of commercial space. The
complex will be two-stories on top of a groundlevel, 22,500 square-foot concrete parking structure. There would be a courtyard in the
center of the project and the building is planned
to be 36 feet tall.

Businesses on the street-facing side of the
property must be open to and in service of the
public, such as a restaurant, retail store or art
gallery.

Via Real Hotel | source: CoastalView.com

NEW DEVELOPMENT
2023 CARPINTERIA VALLEY ECONOMIC PROFILE 32
The residential part of the project would consist
of 2 one-bedroom units and 22 two-bedroom
units, ranging from about 1100 square feet to
1,400 square feet.

The project is utilizing state Density Bonus
Law to receive approval of additional units in
exchange for setting aside a specified number
of units for low income households. As part of
the Density Bonus program, the project can also
utilize reduced parking requirements and seek
additional exceptions from city development
standards, including maximum building height.

The project submitted an approval request in
April 2023 and is currently under review.
700 Linden Avenue
This 30,000 square-foot project will produce
a full city block of adaptive reuse retail and
commercial space that will contain food and
coffee shops, markets, office space, and a
rooftop bar. This project has been designed
by Santa Barbara-based DMHA Architects,
and is an extensive remodel of the five existing
buildings that comprise the property.

New second floor construction is proposed for
the “Butterfly” building to create a series of 10
small office suites, along with a rooftop bar and
common and private deck/patio areas. This
second floor addition would add 3,200 square
feet of building and 2,900 square feet of deck
space.

Total cumulative building square footage would
be modestly increased from the existing 19,952
square feet to approximately 20,961 square feet.

A surface parking lot, for 20 spaces would be
provided onsite, accessed from Cactus Lane.

The existing surface parking lot in the middle of
the block would be repurposed into an outdoor
central plaza that would provide seating,
gathering areas and related amenities (such as
outdoor fireplaces or a water fountain) open
to the public during business hours. The plaza
may also be made available for community uses
such as markets, festivals, outdoor concerts or
movies.

The project is currently under construction and
completion is estimated for summer of 2024.
700 Linden Avenue | source: sitelinesb.com

NEW DEVELOPMENT
2023 CARPINTERIA VALLEY ECONOMIC PROFILE 33
Surfliner Inn
The Surfliner Inn was initially proposed in 2016
and the project has undergone several redesigns
and adjustments since then. This new hotel
project adjacent to the Amtrak Station calls for
a 2 story building of 40 rooms, including a café.

It would be accompanied by a new parking lot
that could be used by hotel guests as well as
Amtrak passengers and the public.

The project was initiated by the City of
Carpinteria in 2018, which has entered into a
Lease Disposition and Development Agreement
with 499 Linden Managers, LLC. 499 Linden
Managers, LLC has been formed to pursue the
project with the City by Whitt Hollis, Jack and
Jeff Theimer, Jim and Matthew Taylor, and Andy
Norris.

Measure T, which would have changed the
property’s zoning to block hotel development
at the site, was rejected by voters in November
2022. The project has not yet been formally
submitted for planning permits.

Carpinteria Rincon Trail
The proposed Carpinteria Rincon Trail would
extend from the eastern end of Carpinteria
Avenue, in the city of Carpinteria, to Rincon
Beach County Park, in unincorporated Santa
Barbara County. The new, shared-use trail
would span a distance of 2,800 feet. The project
was approved by the planning commission in
January of 2022, but three appeals were filed
with concerns over pedestrian and bicycle
safety. The appeals were conditionally granted,
forcing the Project to study other alternatives.

In May of 2023, after considering a number of
project alternatives, the City Council reaffirmed
their support for the alternative previously
approved by the Planning Commission. The
project will next return to the City Council to
finalize permits for the trail design.

Conceptual Rendering of the Surfliner Inn Project on Linden Avenue and Fifth Street in Carpinteria | source: City of Carpinteria

NEW DEVELOPMENT
2023 CARPINTERIA VALLEY ECONOMIC PROFILE 34
Highway 101 HOV Lanes
This project is currently under construction and
actually completed within the City of Carpinteria.

The project is adding one high-occupancy
vehicle lane in each direction on US 101 from

0.2-mile south of Bailard Avenue in the City of
Carpinteria to Sycamore Creek in the City of
Santa Barbara. The project is 10.9 miles long.

The added lanes are currently proposed as parttime high-occupancy vehicle lanes, meaning that they will operate as general-purpose lanes
during off-peak periods on weekdays and
weekends. Currently, HOV lanes are in force on
weekdays from 6 to 9 AM and 3 to 6 PM.

Project improvements are confined primarily to
the existing State Highway right-of-way.

Santa Claus Lane Bike Path
The Santa Claus Lane Bikeway construction
began in September of 2022 and will continue
through the Summer of 2023. The project will
create a new Class I bikeway and multipurpose
path to connect Santa Claus Lane to Carpinteria
Avenue. This will close a gap in the California
Coastal Trail between Sand Point Road and
Carpinteria Avenue. The new bikeway is being
constructed in-between Highway 101 and the
railroad tracks.

The trail is currently open for use by the public
through the end of summer at which time the
trail will be temporarily closed to complete
installation of the permanent stafety railings
along the edges of the trail.

Santa Claus Lane Bike Path Rendering | source: noozhawk

NEW DEVELOPMENT
35 CALIFORNIA ECONOMIC FORECAST
The Carpinteria Farm, Hospitality and Residential
Project
The Farm project filed a formal application with
the City in early February 2023.

The project proposes to replace the Tee Time
Golf Range located at the bluffs on Carpinteria
Avenue with a hospitality experience on a 27.5-
acre site.

The project will formally construct a 99-room
lodge, bungalow and hotel building, a
multi-use trail, and developed open space.

During conceptual review of the project, the
developers found themselves under fire by
Carpinterians who then called the project an
“unforgivable betrayal” of the area’s natural
space in a joint City meeting in April 2022.

However, the project countered this opposition
by allotting 20 acres for open space, specifically
native habitat restoration, public trails, and
an organic farm. The organic farm will also
be utilized to supply the on-site Restaurant,
Farmstand, and Hotel and Spa as a selfsustaining system. Approximately 122,211 square feet of structural development is
planned on the northern portion of the site,
and no development is planned on the 4.1 acre
southern parcel.

Additionally, 40 affordable housing units are
proposed as part of the project to provide
housing for on-site team members and the
general Carpinteria workforce who qualify.

Project Size (square feet) by use
Hotel 68,860
Residential 37,948
Event Barn 5,850
Farm Stand 450
Farm Building 1,800
Restaurant 7,303
Total 122,211
Parking: 273 spaces
Source: California Economic Forecast
The Farm Project

NEW DEVELOPMENT
2023 CARPINTERIA VALLEY ECONOMIC PROFILE 36
Commercial Projects Carpinteria May 2023
Project Name/Developer Square Feet Description Status
Via Real Hotel 44,191 72-Room Hotel Approved
Procore Business Training Center 60,522 Convert 2 Warehouses into Training Center Proposed Surfliner Inn 36,118 40-Room Inn and Café Proposed
McCann Mini Storage 12,192 113 New Mini-Storage Units Approved Carpinteria Avenue Skate Facility 38,160 Skate Park, Parking Lot, Plaza Area Under Construction 700 Linden Adaptive Reuse Project 30,000 Retail, Restaurant, and Office Space Under Construction Rincon Multi-Use Trail 2,800 Foot / Bike Trail between Carp & SB Proposed Total 223,983
Source: City of Carpinteria and California Economic Forecast Mixed-Use Projects Carpinteria May 2023
Project Name/Developer Res Units Commercial Square Feet Description Status Cruz Mixed Use 2 500 Residential / Commercial Approved
M3 Mixed Use 2  6,668 Apartments / Office / Retail BP Issued The Farm 40 122,211 Apartments / Commercial Proposed
4745 Carp Ave. Mixed Use 24 4,300 Apartments / Commercial Proposed Total 68 133,679
Source: City of Carpinteria and California Economic Forecast

NEW DEVELOPMENT
2023 CARPINTERIA VALLEY ECONOMIC PROFILE 37
0 50
100
150
200
250
300
350
400
450
Sep-11 Oct-12 Apr-13 Apr-15 Apr-17 Apr-19 Sep-21 Jun-23 thousands of Non-Residential Project Pipeline / Carpinteria square feet 2011 -- 2023
Total pipelilne
Approved or
under construction
0 50
100
150
200
250
Mar-11 Sep-11 Oct-12 Apr-13 Apr-15 Apr-17 Apr-19 Sep-21 Jun-23 Residential Project Pipeline / Carpinteria units
2011 -- 2023
Total pipelilne
Approved or
under construction
Project Name/Developer Units Description Status
GranVida Phase II Expansion 50 Assisted Living Facility Approved Vernon Residences 5 Residential Units Proposed
Pfaff SFD 1 New 2-Story SFD Proposed
Scerni SFD 1 New 2-Story SFD Proposed
Saticoy Condominiums 3 Residential Units Proposed
Finnigan SFD 1 New SFD with 4-Car Garage Proposed
Zins Condominiums 3 Demolish SFD and Build 3 Condos Approved Haber Condominiums 2 Subdivide Existing SFD Lot and Construct 2 Condos Approved Able Second Unit 1 Second Unit on Existing Lot Under Construction Gobbell Second Unit 1 Second Unit on Existing Lot Approved Hawkins SFD 1 New Single-Family Unit on Vacant Lot Under Construction Stein Second Unit 1 Second Unit on Existing Lot Under Construction Strickland SFD 1 Convert 2 Apts into a Single-Family Unit Under Construction Wood SFD 1 New Single-Family Unit on Vacant Lot Approved Total 71
Source: City of Carpinteria and California Economic Forecast Residential Projects Carpinteria May 2023

QUALITY OF LIFE INDICATORS
38 The social environment of the Carpinteria
Valley directly affects local business progress
and performance, and quality of life indicators
impact the desirability of real estate assets in
the region. Public safety, traffic, and commute
times are important features of this environment,
and are examined by referencing published
information on local crime rates, traffic volumes,
and commute patterns.

Crime
Carpinteria has some of the lowest crime rates
in Santa Barbara County, placing it among the
safest cities in California. Moreover, crime rates
have been very low in Carpinteria over the last
20 years.

The broadest measure of crime, the Total
Crime Index, is the sum of the following crime
categories: homicide, rape, robbery, aggravated
assault, burglary, motor vehicle theft, larceny,
and arson.

As of 2022, a total crime index of 196 was
reported for the City of Carpinteria, which is
significantly lower compared to the last 2 years,
when the index was consistently above 240.

For small cities including Carpinteria, because
crime rates can fluctuate from year-to-year, the
longer term evaluation of crime in Carpinteria
indicates consistently lower levels of both
violent and property crime compared to adjacent
cities and counties of California.

Carpinteria also has lower crime rates than
most cities in Santa Barbara County. In 2022,
total crimes per 10,000 people was 152 for
Carpinteria, 177 for Goleta, and 194 for Buellton.

In 2022, there were only 128 property crimes
per 10,000 residents. Property crimes include
burglary, larceny, arson, and motor vehicle theft.
50 100
150
200
250
300
350
400
Buellton Carpinteria Solvang City of
Goleta
City of
Santa Barbara
Lompoc Santa Maria
Crime Rates / Cities in Santa Barbra County
2022
reports per
10,000
residents
100
150
200
250
300
350
400
2002 2004 2006 2008 2010 2012 2014 2016 2018 2020 2022
Total Crime Index
2002 - 2022
reports per
10,000
residents
City of Carpinteria
California
Santa Barbara
County

QUALITY OF LIFE INDICATORS
2023 CARPINTERIA VALLEY ECONOMIC PROFILE 39
Additionally, there were only 31 violent crimes
per 10,000 residents in Carpinteria in 2022.

Violent crimes include homicide, forcible rape,
robbery, and aggravated assault.

During 2022, the city with the largest total
crime per 10,000 residents was Santa Maria
with 331, while the lowest was Solvang with
144. Carpinteria falls on the lower end of this
boundary.

Total Crimes* / Carpinteria
2017 2018 2019 2020 2021 2022
Violent Crime
Homicide 0 0 1 0 0 0
Rape 5 0 0 1 1 0
Robbery 10 2 3 4 2 6
Aggravated Assault 19 20 7 16 19 25
Property Crime
Burglary 58 36 19 25 27 9
Theft 195 148 116 183 172 140
Motor Vehicle Theft 29 28 20 26 23 16
Arson 1 0 0 2 0 0
Total Violent 34 22 11 21 22 31
Total Property 282 212 155 234 222 165
Grand Total Part 1 Crimes 316 234 166 255 244 196
* Part 1 crimes, which include Violent and Property Crime felonies 0 10
20 30
40 50
60 70
2002 2004 2006 2008 2010 2012 2014 2016 2018 2020 2022
Violent Crime Rates
2002 -- 2022
reports per
10,000
residents
City of Carpinteria
California
Santa Barbara
County
100
150
200
250
300
350
2002 2004 2006 2008 2010 2012 2014 2016 2018 2020 2022
Property Crime Rates
2002 -- 2022
reports per
10,000
residents
City of Carpinteria
California
Santa Barbara
County

QUALITY OF LIFE INDICATORS
40 CALIFORNIA ECONOMIC FORECAST
Traffic and Commuting
Traffic Counts
Traffic counts reveal information about road
usage and can provide insight into economic,
demographic, and lifestyle trends.

In general, traffic counts decline during periods
of economic weakness and grow during periods
of strength. This occurs for several reasons,
including the increased shipment of goods, a
larger number of individuals driving to work, and
higher disposable incomes that can be spent on
transportation.

Traffic levels can affect the living standards of
a community. High levels of traffic can cause
congestion, leading to longer commute times
and lower resident satisfaction. By contrast,
low traffic volumes can lead to improved living
standards.

As a general rule, Carpinteria tends to
have much lower levels of road usage than
surrounding regions, and during most times of
the day, driving around the city is relatively easy.

But peak hour traffic can be heavy, and people
who commute from Carpinteria to Santa
Barbara or Goleta can encounter high levels of
congestion. This issue has been exacerbated by
construction projects on Highway 101.

In order to get around construction points,
drivers have been exiting Highway 101 and
using the city streets in Carpinteria, leading
to traffic problems that are often severe. Now
that the highway construction projects are
nearly completed, it is expected that this peak
hour congestion will improve significantly in
Carpinteria.
56,000
58,000
60,000
62,000
64,000
66,000
68,000
70,000
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022
Average Daily Traffic Count
Route 101 at Casitas Pass Rd. / Carpinteria
2012 - 2022
cars
per day
60,000
62,000
64,000
66,000
68,000
70,000
72,000
74,000
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022
Average Daily Traffic Count
Route 101 at Linden Ave. / Carpinteria
2012 - 2022
cars
per day
18 20
22 24
26 28
30 Goleta City of
Santa
Barbara
Santa Maria Carpinteria Camarillo Oxnard City of
Ventura
Lompoc
Average Commute Times for
Selected Cities in
Santa Barbara and Ventura Counties
2023
minutes
each way

QUALITY OF LIFE INDICATORS
2023 CARPINTERIA VALLEY ECONOMIC PROFILE 41
Caltrans estimates traffic counts for state
highways, including interstates and routes.

Annual average daily traffic is the total traffic
volume for the year divided by 365.

Traffic volumes were heavily impacted by the
Coronavirus Pandemic. Due to layoffs and
work-from-home arrangements, there have been
far fewer daily commuters since March 2020,
leading to reductions in weekday road usage.

The additional lane on the 101 through
Carpinteria will result in higher traffic counts per
day. Consequently, traffic volumes are expected
to increase in 2023 and 2024, but congestion
should decrease.

Average Commute Time
In 2022, workers who lived in Carpinteria had
an average commute time of 26 minutes. By
comparison, residents of other parts of the
South Coast spent less time commuting, while
residents in nearby Ventura County had longer
commutes.

For residents of Ventura, Camarillo, and Oxnard,
commute times averaged 28 minutes each way.

Lompoc residents spent the most time
commuting in 2023. Many people from Lompoc
commute all the way to Santa Barbara, and the
average Lompoc commuter spent 30 minutes in
the car each way.

Commute times vary for Carpinteria residents,
most spending fewer than 30 minutes traveling
to work (37%). As of 2023, approximately 24
percent spend 30-44 minutes on their trip to
work, and only 6 percent commute for longer
than 45 minutes.

Highway 101 Widening Project
To improve local circulation and freeway
access in Carpinteria, construction has been
underway on Highway 101 between Mussel
Shoals and Carpinteria and between Carpinteria
and Summerland and into Santa Barbara. The
highway interchanges at these junctions have
been updated with new bridges and freeway
ramps, and a third lane is being added to
Highway 101 in each direction.

This project is a partnership between Caltrans,
the Santa Barbara County Association of
Governments, and the City of Carpinteria.

Most of the project directly affecting the City
of Carpinteria is now complete: Phase 2
covered the 101 freeway from Mussel Shoals to
Carpinteria, and Phase 3 covered Casitas Pass
to Linden Avenue. Phase 4, the final phase, is
underway at this time. 0
5 10
15 20
25 30
35 40
Less than
15 Minutes
15 - 29
Minutes
30 - 44
Minutes
45 - 59
Minutes
60+
Minutes
Commute Times for
Residents of Carpinteria
2023
percent
of all
commuters

QUALITY OF LIFE INDICATORS
2023 CARPINTERIA VALLEY ECONOMIC PROFILE 42
The Padaro segment of Phase 4 is widening
the highway to 3 lanes in each direction to
Summerland. The project includes bridges over
Toro Creek and Arroyo Parida Creek. The bridge
and freeway ramps at the South Padaro Lane
undercrossing are being replaced. New on and
off ramps are being built at the North Padaro
Lane Interchange. Sound walls are also being
added.

Via Real will be connected across Carpinteria
Creek through a new roundabout up to Linden
Ave. New bridges will be built over Carpinteria
Creek on Highway 101 and Via Real, and four
new sound walls will be built to reduce freeway
noise in nearby neighborhoods.

This phase of the project continues with freeway
widening through Montecito and into Santa
Barbara. The Cabrillo Boulevard Interchange will
be reconstructed with new bridges and freeway
ramps, including a new northbound off-ramp
and new southbound on-ramp.

Construction started in the fall of 2016 and
will continue into 2024 as the project finishes
the widening, the under crossings, and the
landscaping through Summerland. Between
Summerland and Santa Barbara, the project is
still being permitted and funded, and the current
timeline has completion estimated to be by
2027.

Highway 101 construction | source: GraniteConstruction.com The Padaro segment of the Highway 101: Carpinteria to Santa Barbara project adding a third lane in each direction

DATA SOURCES
43 CALIFORNIA ECONOMIC FORECAST
Data Sources
Chapter Principal Data Source
Demographics California Department of Finance,
Demographic Research Unit
Claritas Spotlight
California Department of Education
Employment Labor Market Information Division, State of California Residential Real Estate Santa Barbara Multiple Listing Service Commercial Real Estate Radius Group
Retail Trade & Tourism California Department of Tax and Fee Administration STR North America
City of Carpinteria
New Development City of Carpinteria
Construction Industry Research Board
Quality of Life Santa Barbara County Sherriff’s Office
Claritas Spotlight
CalTrans Traffic Division

ACKNOWLEDGEMENTS
2023 CARPINTERIA VALLEY ECONOMIC PROFILE 44
Acknowledgements
This publication was prepared for the City of Carpinteria in September 2023. The Profile is intended to provide annually updated economic, demographic, and quality of life information about the Carpinteria Valley.

California Economic Forecast
Julia Schniepp, B.A. candidate
New Development
Largest Employers
Publication Layout & Design
Mark Schniepp, Ph.D.

Principal Author & Editor
Databank Contributers
California Department of Tax and Fee Administration
California Department of Education
California Department of Finance
California Department of Transportation
California Employment Development Department
CIRB
City of Carpinteria
Nick Bobroff
Licette Maldonado
Claritas Spotlight
Santa Barbara County Sherrif’s Office
Google
Indeed
Radius Group
Redfin
Santa Barbara Multiple Listing Service
STR North America
This publication benefitted from the review and comments by Dave Durflinger, Michael Ramirez, and Nick Bobroff.

RESOLUTION NO. 6275

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF CARPINTERIA CONGRATULATING

DAVE DURFLINGER ON HIS RETIREMENT AND
COMMENDING AND THANKING HIM FOR 24 YEARS

OF LOYAL AND DEDICATED SERVICE TO

THE CITY OF CARPINTERIA
WHEREAS, Dave Durflinger announced his retirement as City Manager for the City of Carpinteria on January 18, 2023, with his last day with the City being December 8, 2023, the City Council on behalf of the people of the Carpinteria community, wish to express their appreciation to Mr. Durflinger and recognize his twenty-four year tenure as a vital member of the City of Carpinteria organization; and WHEREAS, Dave's educational background includes an Associate Degree from Glendale Community College with academic honors, a Bachelor of Arts in Sociology from the University of California at Riverside (UCR); and a Certificate in Land Use Planning through the UCR Extension Program; and WHEREAS, Dave spent 13 years at Cathedral City starting as a Community Development Analyst and rising through the ranks to Assistant Planner, Associate Planner, Senior Planner, and finally City Planner; and
WHEREAS, Dave's career with the City of Carpinteria started on January 4, 1999 when he was hired as the Community Development Director, he also served as Deputy City Manager and filled in as Interim City Manager from October 1999 to January 2000 and again from June 1, 2001 until July 2001, and was promoted to City Manager effective July 24, 2001; and WHEREAS, one of the first actions Dave did as City Manager was to provide the Coastal View News with the agenda packets for City Council and Planning Commission meetings so it could provide the public with more concise factual information; in fact, the first time the packets were ready, Dave personally delivered the first one to the Coastal View News; and
WHEREAS, Dave served as City Manager with distinction and ably served many City Councils over the years in the management of all administrative affairs and provided great responsiveness to the community and general public; and
WHEREAS, under Dave's astute leadership and prudent financial responsibility, the City has grown and weathered many a financial storm and is in a good financial position for years to come; and WHEREAS, Dave Durflinger has served as City Manager for 22 years, the longest City Manager tenure in the City's history and has left a lasting and positive legacy on the City organization and Carpinteria community; and
WHEREAS, the City Council and staff recognize Dave as an effective leader and a team player whose commitment and loyalty to the community, along with his positive and supportive attitude to staff and high work ethic, have made him an outstanding employee and an extremely valuable asset to the Carpinteria community.

NOW, THEREFORE, BE IT RESOLVED as follows:

SECTION 1. The above recitals are true and correct, and incorporated herein by reference.

SECTION 2. Dave Durflinger is congratulated on his well-deserved retirement and commended and thanked for his long and stellar service to the City organization and the Carpinteria community.

SECTION 3. The City Council extends its best wishes to Dave Durflinger and his family on behalf of the citizens of Carpinteria on this occasion and looks forward to hearing of his enjoyment and relaxation in the years ahead.

PASSED, APPROVED, AND ADOPTED this 21h day of November, 2023.

ATTEST:

Brian C. Barrett, CMG, CPMC
City Clerk, City of Carpinteria
Al Clark, Mayor, City of Carpinteria

MEMORANDUM
Council Meeting Date: November 27, 2023
To: Honorable Mayor and City Council
From: Dave Durflinger, City Manager
Subject: City Manager’s Report
City Holiday Closure Schedule.

City Hall Closure Dates:
• Monday, December 25, 2023
• Tuesday, December 26, 2023
• Friday, December 29, 2023
• Monday, January 1, 2024
City Hall will be open as usual on Tuesday, January 2, 2024.

Library Closure Dates:
• Monday, December 25, 2023
• Tuesday, December 26, 2023
• January 1, 2024
• January 2, 2024
Pool Closure Dates: Winter closure for maintenance will begin December 17, 2023, and the pool is scheduled to reopen on Wednesday, January 3, 2024.

Senior Services Committee.

The Senior Services Planning Committee met on November 20, 2023, to discuss current programming updates, program branding, and a letter of interest to manage senior services in Carpinteria from Family Service Agency (FSA).) Existing programming attendance is strong thanks to support from City staff member Jena Jenkins, program volunteers, and active partners such as the Carpinteria Community Library, The Gym Next Door, GranVida, Carpinteria Arts Center, and the Central Coast Commission for Seniors. To improve program recognition and focus on the purpose of the program rather than the individuals served (e.g., active adults, seniors, etc.), the Committee voted to approve a new program name, AgeWell. As part of program branding efforts, the City will be updating its program webpage to include several improvements such as a program newsletter, easy to read activity calendar, and more.

The CEO for FSA, Lisa Brabo, was in attendance at the meeting and shared information about her organization’s qualifications in the area of senior services, and took questions from the committee and committee working group. The Committee directed staff to bring back additional information on the potential benefits and disadvantages of contracting 2 with FSA for management of senior services, as well as for operating the program inhouse. The Committee’s next meeting is scheduled for December 11, 2023, at 8:30 AM in Council Chamber, and is open to the public.

National Flood Insurance Program / Flood Insurance Rate Maps Update Community Rating System
The City has taken steps to allow, as of July 20, 2023, for the Carpinteria community to be enrolled in the Community Rating System (CRS) of the National Flood Insurance Program. The CRS qualification makes property owners eligible for a five percent flood insurance. The discount is for most flood insurance policies that are renewed on or after April 1, 2024. In October 2023, a letter was mailed to local lending institutions, real estate agents, and insurance agents regarding the CRS discount.

Flood Insurance Rate Map (FIRM) Restudy
The Federal Emergency Management Agency (FEMA) completed a FIRM Restudy in November 2022. FEMA is currently drafting the preliminary flood insurance rate maps, including the accompanying flood insurance study, for publication. FEMA estimates a tentative time frame of January 2024 for issuance of these documents. Publication of the preliminary map will be followed by a 90-day public review period. Once FEMA provides a specific schedule the City will make it available to the public along with the related materials.

City of Carpinteria
City Council Minutes
Regular Meeting
Monday, November 13, 2023
In-Person and Virtual

CALL TO ORDER
Mayor Clark called the meeting to order at 3:01 pm.

ROLL CALL
Councilmembers present: Councilmember Roy Lee
Councilmember Wade T. Nomura
Councilmember Mónica J. Solórzano
Vice Mayor Natalia Alarcon
Mayor Al Clark
Staff members present: Dave Durflinger, City Manager
Jena Shoaf Acos, on behalf of Brownstein Hyatt Farber
Schreck, LLP acting as City Attorney of the City
of Carpinteria
Brian C. Barrett, City Clerk

PUBLIC COMMENT ON CLOSED SESSION MATTERS
There was no public comment.

CLOSED SESSION

1. PUBLIC EMPLOYEE APPOINTMENT (Gov. Code Section 54957(b)(1)) Title: City Manager
CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code Section 54957.6) City designated representative: Jena S. Acos, City Attorney Unrepresented employee: City Manager

TEMPORARY ADJOURNMENT TO CLOSED SESSION
Mayor Clark temporarily adjourned the meeting to Closed Session at 3:02 pm.

RECONVENE IN OPEN SESSION
City Council Regular Meeting Minutes
November 13, 2023

Mayor Clark reconvened the meeting in Open Session at 4:45 pm with all Councilmembers present and Legal Counsel Acos and City Clerk Barrett present.

CLOSED SESSION REPORT
Legal Counsel Acos announced that there was no reportable action from the Closed Session.

ADJOURNMENT OF CLOSED SESSION
Mayor Clark adjourned the Closed Session at 4:45 pm.

CALL TO ORDER
Mayor Clark called the meeting to order at 5:32 pm.

ROLL CALL
Councilmembers present: Councilmember Roy Lee
Councilmember Wade T. Nomura
Councilmember Mónica J. Solórzano
Vice Mayor Natalia Alarcon
Mayor Al Clark
Staff members present: Dave Durflinger, City Manager
Jena Shoaf Acos, on behalf of Brownstein Hyatt Farber
Schreck, LLP acting as City Attorney of the City
of Carpinteria
Brian C. Barrett, City Clerk
John L. Ilasin, Public Works Director
Nick Bobroff, Community Development Director
Erin Maker, Environmental Program Manager

CLOSED SESSION REPORT
Legal Counsel Acos previously announced the Closed Session Report prior to the adjournment of the Closed Session.

PLEDGE OF ALLEGIANCE
Mayor Clark led those present in the salute to the flag.

COUNCILMEMBER(S) REQUEST FOR REMOTE PARTICIPATION UNDER AB 2449:

City Council Regular Meeting Minutes
November 13, 2023

There were no Councilmember requests for remote participation under AB 2449.

AGENDA MODIFICATIONS: NONE
INTRODUCTIONS, PROCLAMATIONS AND PRESENTATIONS:

2. Presentation in honor of members of the Boys & Girls Club who have achieved Gold Card status.

Speakers in-person: Michael Baker, CEO of Boys & Girls Club of Santa Barbara County Mayor Clark announced the names of the children who achieved Gold Card Status and Vice Mayor Alarcon presented the certificates to each child.

3. New Employee Introduction: Shay Darrington, Engineering Technician.

Public Works Director Ilasin introduced Shay Darrington, Engineering Technician who provided remarks.

TEMPORARY ADJOURNMENT FOR THE PURPOSE OF HOLDING THE MONTHLY

MEETING OF THE CARPINTERIA LIBRARY BOARD OF TRUSTEES
Mayor Clark temporarily adjourned the meeting at 5:50 pm.

RECONVENE THE REGULAR MEETING OF THE CITY COUNCIL
Mayor Clark reconvened the meeting at 6:05 pm.

PUBLIC INFORMATION REPORTS AND ANNOUNCEMENTS
Lieutenant Butch Arnoldi with the Santa Barbara County Sheriff’s Department provided an update on crime in the City.

CITY MANAGER’S REPORT
City Manager Durflinger introduced the City Manager’s Report.

Community Development Director Bobroff spoke on the Housing Element Update.

Public Works Director Ilasin presented the new service request portal that the City recently launched.

City Manager Durflinger reported on the memo that staff distributed to Councilmembers on the possibility of broadcasting Architectural Review Board meetings, including on City Council Regular Meeting Minutes
November 13, 2023

GATV, Granicus, and Zoom as well as adding Zoom broadcast and public comment access to Planning Commission meetings.

Motion by Councilmember Solórzano, seconded by Councilmember Nomura, to direct staff to explore televising and providing Zoom commentary for Architectural Review Board meetings and also adding Zoom commentary to Planning Commission meetings.

City Manager Durflinger sought clarification on the motion that direction for staff referred to returning back with an agenda matter for a budget adjustment for those services. The motion maker and seconder agreed with City Manager Durflinger’s clarification of the motion. City Manager Durflinger said it would also involve a contract amendment with TVSB.

The roll call vote on the motion was as follows:

AYES: Councilmember Lee, Councilmember Nomura, Councilmember Solórzano, Vice Mayor Alarcon, and Mayor Clark
NOES: None
ABSENT: None
ABSTAIN: None
The motion carried unanimously.

City Manager Durflinger reported out on the actions of the Planning Commission meeting of November 6, 2023 and Community Development Director Bobroff responded to questions from the Council.

PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
Speakers in-person: Patrick O’Connor, Sandy Nargi, Mario Nargi, Ann Matson, Jane Benefield, Rob Denholtz, Robert Stein (not present), and Amrita Salm Emails distributed: Douglas Qualls and Laura Cook
In response to Ms. Salm’s comments regarding notification of residents on open public comment periods for items outside City Council meetings such as for the Revised Draft Housing Element, Mayor Clark inquired about ways to notice the public.

Councilmember Nomura suggested using the City section in the Coastal View News to provide such information to the public.

City Manager Durflinger responded that staff would work with the website consultant to look at ways to put out alerts anytime there is a public comment period open.

City Council Regular Meeting Minutes
November 13, 2023

Legal Counsel Acos noted that the seven-day notice period referred to is required before the City resubmits the Housing Element to the California Department of Housing & Community Development and that it would come back before the City Council for final adoption and there will be another opportunity for public comment to be provided.

Community Development Director Bobroff clarified that for this administrative step in the Housing Element, City staff followed the State mandate to have a seven-day public posting of the draft element and circulate notice of the posting to individuals who have specifically requested notification about the Housing Element. He noted that when staff returns for a public hearing on the Housing Element to the City Council for final adoption, staff will do the normal legal posting of the ad in the Coastal View News, mail notice to those on the interest list, and go through a more robust public noticing effort.

In response to several public comments regarding e-bikes in the Salt Marsh, Mayor Clark inquired if this was on staff’s radar. Community Development Director Bobroff responded that Community Development has been working with the Parks, Recreation & Community Services Department to get signs put back up when they have been knocked down and having Code Compliance staff prioritize patrols at the Salt Marsh Park for bike riding, ebikes and dogs, and at the Bluffs for off-leash dogs. He commented that Parks, Recreation & Community Services Department staff has been looking into suggested barriers to the entrances at the Salt Marsh Park to prevent bikes from entering.

CONSENT CALENDAR:

There was no public comment.

Motion by Councilmember Lee, seconded by Councilmember Nomura, to approve the Consent Calendar Item Nos. 4 through 6. Upon voice vote, the motion carried unanimously.

4. Approve the minutes of the regular meeting held October 23, 2023 and the special meeting held October 30, 2023.

5. Receive and file the Expenditures for the period beginning October 16, 2023 and ending November 3, 2023.

6. Approve and adopt Resolution No. 6281, declaring certain City-owned property/equipment as surplus assets and authorizing disposal.

ADMINISTRATIVE MATTERS:

7. Consider canceling the regular City Council meeting of December 25, 2023.

Recommendation: Authorize the cancelation of the regular City Council meeting of December 25, 2023.

City Council Regular Meeting Minutes
November 13, 2023

City Clerk Barrett presented the staff report.

There was no public comment.

Motion by Vice Mayor Alarcon, seconded by Councilmember Nomura, to authorize the cancelation of the regular City Council meeting of December 25, 2023. Upon voice vote, the motion carried unanimously.

8. Approval and adoption of Resolution No. 6273, authorizing the City to apply for California Department of Resources, Recycling and Recovery grant programs.

Recommendation: Approve and adopt Resolution No. 6273, authorizing the City to apply for California Department of Resources Recycling and Recovery grant programs, and authorizing the City Manager or their designee to execute related grant program documents.

Environmental Program Manager Maker presented the staff report.

There was no public comment.

Motion by Councilmember Solórzano, seconded by Councilmember Nomura, to approve and adopt Resolution No. 6273, authorizing the City to apply for California Department of Resources Recycling and Recovery grant programs, and authorizing the City Manager or their designee to execute related grant program documents.

Councilmember Nomura noted that the sample motion mentioned adoption of Resolution No. 6270 while the staff report title and recommendation mentioned Resolution No. 6273.

Environmental Program Manager Maker stated that the sample motion was incorrect and should refer to Resolution No. 6273, not 6270.

Upon voice vote, the motion carried unanimously.

PUBLIC HEARING (Continued from October 30, 2023 Council Meeting):

9. Continuation of Public Hearing to Amend Carpinteria Municipal Code (CMC) and Master Fee Schedule to November 27, 2023, City Council Meeting.

Recommendation: Continue the public hearing to Amend CMC and Master Fee Schedule to the November 27, 2023, City Council meeting.

City Clerk Barrett presented the staff report.

There was no public comment.

City Council Regular Meeting Minutes
November 13, 2023

Motion by Vice Mayor Alarcon, seconded by Councilmember Nomura, to continue the public hearing to Amend CMC and Master Fee Schedule to the November 27, 2023, City Council meeting. Upon voice vote, the motion carried unanimously.

CONSIDERATION OF ANY ITEMS REMOVED FROM CONSENT CALENDAR AND/OR OTHER AGENDA ITEMS REQUESTED TO BE ADVANCED: NONE MATTERS CONTINUED FROM PREVIOUS MEETINGS: NONE
OTHER BUSINESS:

10. Approve and authorize for the Mayor’s signature a letter to the County of Santa Barbara advocating for the use of carbon filtration technology to address cannabis odors impacting the residential, educational and recreational areas of the City.

Recommendation: Approve and authorize for the Mayor’s signature a letter to the County of Santa Barbara (Attachment A).

Community Development Director Bobroff presented the staff report.

There was no public comment.

Motion by Councilmember Lee, seconded by Councilmember Nomura, to approve and authorize the Mayor to sign and transmit a letter to the County of Santa Barbara advocating for the use of carbon filtration technology to address commercial cannabis odors. Upon voice vote, the motion carried unanimously.

11. Adoption of Ordinance No. 772 amending various sections in Carpinteria Municipal Code Chapter 2.08 (“City Manager”) to align with law and practice.

Recommendation: Approve the first reading of Ordinance No. 772 amending Chapter 2.08 to remove the residency requirement and appeal rights for the City Manager (first reading as read by title only). (This motion requires reading of ordinance title and a roll call vote.)
Legal Counsel Acos presented the staff report.

There was no public comment.

Motion by Vice Mayor Alarcon, seconded by Councilmember Nomura, to approve the first reading of Ordinance No. 772, amending Chapter 2.08 to remove the residency requirement and appeal rights for the City Manager, and continue this item to the November 27, 2023 Council Meeting for second reading and adoption.

City Council Regular Meeting Minutes
November 13, 2023

City Clerk Barrett read aloud the title of Ordinance No. 772 into the record.

The roll call vote on the motion was as follows:

AYES: Councilmember Lee, Councilmember Nomura, Councilmember Solórzano, Vice Mayor Alarcon, and Mayor Clark
NOES: None
ABSENT: None
ABSTAIN: None
The motion carried unanimously.

12. First Amendment to the Cooperative Agreement with the Santa Barbara County Association of Governments for Carpinteria Circulation Improvements Funds.

Recommendation: Authorize the Mayor to sign the First Amendment to the Cooperative Agreement with the Santa Barbara County Association of Governments for Carpinteria Circulation Improvements Funds.

Public Works Director Ilasin presented the staff report.

There was no public comment.

Motion by Councilmember Nomura, seconded by Councilmember Solórzano, to authorize the Mayor to sign the First Amendment to the Cooperative Agreement with the Santa Barbara County Association of Governments for Carpinteria Circulation Improvements Funds. Upon voice vote, the motion carried unanimously.

13. Authorization for the City Manager to execute Agreements with: 1.) Bureau Veritas North America, Inc.; and 2.) True North Compliance Services, to provide consulting building plan check and inspection staff augmentation services for the City’s Building and Safety Division of the Community Development Department.

Recommendation: Authorize the City Manager to execute Agreements with: 1.) Bureau Veritas North America, Inc.; and 2.) True North Compliance Services, to provide consulting building plan check and inspection staff augmentation services to the City’s Building and Safety Division in respective amounts not-toexceed $100,000 each. (This motion requires a roll call vote.) Community Development Director Bobroff presented the staff report.

Speakers via Zoom: Amrita Salm
Motion by Councilmember Solórzano, seconded by Councilmember Nomura, to authorize the City Manager to execute Agreements with: 1.) Bureau Veritas North America, Inc.; City Council Regular Meeting Minutes
November 13, 2023

and 2.) True North Compliance Services, to provide consulting building plan check and inspection staff augmentation services to the City’s Building and Safety Division in respective amounts not-to-exceed $100,000 each. The roll call vote on the motion was as follows:

AYES: Councilmember Lee, Councilmember Nomura, Councilmember Solórzano, Vice Mayor Alarcon, and Mayor Clark
NOES: None
ABSENT: None
ABSTAIN: None
The motion carried unanimously.

14. Options for City of Carpinteria Legislative Advocacy.

Recommendation: Receive and file the report and direct staff as determined appropriate.

City Manager Durflinger presented the staff report.

Speakers in-person: Fred Shaw
There was Council consensus on using a Council Standing Committee with a Legislative Platform as an alternative to the current practice of the City Council legislative advocacy.

Motion by Councilmember Lee, seconded by Councilmember Nomura, to receive and file the report on the City’s legislative advocacy process and options and direct staff to place it on the 2024 Annual Work Plan for further discussion. Upon voice vote, the motion carried unanimously.

LEGISLATIVE UPDATE:

City Manager Durflinger reported on the usual attachment from the League of California Cities and announced that there is a tentatively scheduled Council meeting on December 4 th to go over an update on housing laws.

Legal Counsel Acos added that the proposed December 4th Council meeting will cover a handful of bills and staff will be back in January to provide an update on the new legislation that has just been passed on housing issues.

Councilmember Lee asked for an update on the legal actions between Huntington Beach and the State regarding housing legislation and its Housing Element. Legal Counsel Acos provided a brief update and said a further update could be made at the December 4th Council meeting.

City Council Regular Meeting Minutes
November 13, 2023

COMMITTEE REPORTS, INQUIRIES AND OTHER MATTERS PRESENTED BY

COUNCILMEMBERS
Councilmember Solórzano reported on the following:
• Next Beacon meeting on Friday in the Council Chambers. • Santa Barbara Metropolitan Transit District Board of Directors met last week and received the findings of the District’s annual audit.
• City Council/First District Supervisor Committee meeting has been rescheduled to December 4th.

ATTENDANCE OF COUNCILMEMBERS FOR FUTURE MEETINGS
All Councilmembers are expected to be in attendance at the November 27th regular Council meeting.

ADJOURNMENT
Mayor Clark adjourned the meeting at 8:09 pm.
__________________________
Al Clark, Mayor
ATTEST:
____________________________
Brian C. Barrett, CMC, CPMC
City Clerk
City of Carpinteria

COUNCIL AGENDA STAFF REPORT
November 27, 2023

ITEM FOR COUNCIL CONSIDERATION
Expenditures for the period beginning November 06, 2023 and ending November 17, 2023.

STAFF RECOMMENDATION
Receive and file Warrant Register for the period of November 06, 2023, through November 17, 2023, pursuant to Carpinteria Municipal Code 2.08.150(F).

DISCUSSION
As part of each regular City Council agenda, a list of all checks (attached) dispersed since the last reporting period is presented to the City Council pursuant to C.M.C.

2.08.150(F). The report is provided for City Council and public information and serves as staff's verification that the expenditures have been reviewed and are within budgeted appropriations.

FINANCIAL CONSIDERATIONS
The warrant register is designed to communicate fiscal activity since the prior reporting period.

ATTACHMENTS
Attachment A: Warrant Register for the period beginning November 06, 2023 and ending November 17, 2023.

Warrant Register
November 27, 2023
Page #2
Staff contact: Brenda Robinson, Accounting Specialist ~1 ~ (805) 755-4442, [email protected] _ _.[/J&!//. ~"""""'lf-=--"""- £__,....._.L.L.,_-=---- Reviewed by: Dave Durflinger, City Manager
(805) 755-4400, [email protected]
G:\Admin Services\Staff Report\Staff Report AP.docx
Warrant Register
Carpinteria, CA
Date Range: 11/06/2023 - 11/17/2023
Vendor Number
Payable#
Bank Code: AP Bank-AP Bank
Payment Type: Regular
13JJ-3637-6G6C
14FV-34WX-4TYN
17JC-JXM6-JP9K
1JPHV1P-4M7J
1KNC-19Ml-1196
1MMV-K6DJ-19FD
1MR1-JRH3-1GFD
1P6W-7LM9-7VYT
1QC4-JJLK-DYMY
1VDQ-J7TK-3NPM
lWCT-MCYl-HHGH
1WVY-7FN7-KMWX
IN2884308
200019962
521680
521752
521905
CARP CITY OCT23 SERVICE
INV0005068
60494
60495
60507
2321224
2321224S
Vendor Name
Payable Type

MBJ HOMES INC

ADVANTAGE TELECOM
Invoice

AMAZON CAPITAL SERVICES INC
Invoice ZIP BOOKS-COMMUNITY LIBRARY
Invoice BOOKS FOR LIBRARY
Invoice BOOKS FOR LIBRARY
Credit Memo BOOKS FOR LIBRARY RETURNED
Invoice DOG ADOPTION SUPPLIES, STORAGE CONTAINERS
Invoice BOOKS FOR LIBRARY
Invoice BOOKS FOR LIBRARY
Invoice OFFICE CHAIR, LABELS, CARBURETOR KIT
Invoice BOOKS FOR LIBRARY
Invoice ZIP BOOKS-K. MOLONEY
Invoice BOOKS FOR LIBRARY
Invoice DOG BAG DISPENSERS
BASIC 11/09/2023
Invoice OCT23 MONTHLY FSA ADMIN FEE

BLACK GOLD COOPERATIVE LIBRARY SYSTEM
Invoice

CA DEPT OF JUSTICE
Invoice

CALIFORNIA SOCIETY OF MUNICIPAL FINANCE OFFICERS
Invoice

CARPINTERIA VALLEY LUMBER CO
Invoice
Invoice
Invoice

CARPINTERIA VALLEY WATER DISTRICT
Invoice
CITY OF SANTA BARBARA CD-RH MP 11/09/2023
Invoice

COASTAL VIEW NEWS
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice

FENCE FACTORY
Payment Date Payment Amount Number
Payable Description
11/07/2023
11/09/2023
NOV23 EMERGENCY PHONE LINE SERVICES
11/09/2023
11/09/2023
FY23-24 Ql REIMBURSABLE HOOPLA & HOTSPOTS
11/09/2023
SEP23 FINGERPRINT APPLICATIONS
CHANNLE COUNTIES MEETING 11/1/23
OCT23-WATER FOR MULTIPLE LOCATIONS
DEWBERRY ENGINEERS INC.

DISPENSING TECHNOLOGY COPORATION

LIQUID SEAL FOR PAINT SPRAYER

PUMP REPAIR KIT FOR PAINT SPRAYER

EVERYWHERE RIGHT NOW
11/09/2023
11/09/2023

ELECTRICAL SUPPLIES FOR COMMUNITY GARDEN REPAIR

CABLE TIES, GLUE FOR PLAQUES AT SKATE PARK

STAPLE GUN FOR PARKS
11/09/2023
FY23/24 Ql RENTAL HOUSING MEDIATION PROGRAM
11/09/2023
PLANNING COMMISSION HEARING AD 10/26/23
MONTE VISTA DOG PARK OFF LEASH AD 10/26/23
TRICK OR TREAT 2024 AD 10/26/23
11/09/2023
JUL23 CARPINTERIA AVENUE BRIDGE REPLACEMENT
JUN23 CARPINTERIA AVENUE BRIDGE REPLACEMENT
11/09/2023
11/09/2023

ANNUAL DOMAIN RENEWAL FOR LIBRARY
OCT23 WEBSITE PROGRAMMING CITY HALL & LIBRARY
11/09/2023
(1,618.98) 102039

69.98 102460
2,421.04 102461
127.00 102462
1,197.78 102463
192.00 102464
120.00 102465

89.17 102466
24,742.11 102467
4,507.75 102468
947.00 102469
3,819.82 102470
282.64 102471
910.00 102472
201.89 102473

233417 Invoice MATERIAL FOR FENCE REPAIR AT EL CARRO PARK FIRST NATIONAL BANK OF OMAHA 11/09/2023 7,922.19 102474 OCT23 0983 Invoice CREDIT CARD PAYMENT-OUM
OCT23 3498 Invoice CREDIT CARD PAYMENT-JT
OCT23 3696 Invoice CREDIT CARD PAYMENT-LM
OCT23 4480 Invoice CREDIT CARD PAYMENT-NB
OCT23 4545 Invoice CREDIT CARD PAYMENT-BB
OCT23 5544 Invoice CREDIT CARD PAYMENT-DD
OCT23 6160 Invoice CREDIT CARD PAYMENT-JI
OCT23 8528 Invoice CREDIT CARD PAYMENT-AW
OCT23 9341 Invoice CREDIT CARD PAYMENT-MR
GILBERT PUNSALAN 11/09/2023 168.45 102475
INV0005071 Invoice REIMBURSE FOOD FOR NEW EMPLOYEE ORIENTATION 10/23 INV0005072 Invoice REIMBURSE FOOD FOR NEW EMPLOYEE ORIENTATION 10/16 GOVERNMENT FINANCE OFFICERS ASSOC 11/09/2023 190.00 102476 2368551 Invoice MEMBERSHIP 12/1/23-11/30/24 L. MALDONADO HAAKER EQUIPMENT COMPANY 11/09/2023 11,772.00 102477
E5A04P Invoice 9/27-10/24/23 HAAKER STREET SWEEPER RENTAL HDL SOFTWARE LLC 11/09/2023 450.84 102478
SIN032531 Invoice SEP23 NEW ACCOUNTS PROCESSED/STR RETURNS IMPULSE ADVANCE COMMUNICATIONS 11/09/2023 1,619.03 102479 111475 Invoice DEC23 PHONE SERVICES
JOY EQUIPMENT PROTECTION INC 11/09/2023 215.00 102480
1992 Invoice ANNUAL FIRE SPRINKLER INSPECTION CITY HALL JUAN O'S MOBILE REPAIR 11/09/2023 3,600.00 102481
126 Invoice MOVE K RAILS FOR AVOCADO FESTIVAL
KANOPY 11/09/2023 53.00 102482
373970 - PPU Invoice OCT23 LIBRARY VIDEOS
LIEBERT CASSIDY WHITMORE 11/09/2023 1,831.50 102483
253222 Invoice PROFESSIONAL LEGAL SERVICES THROUGH 9/30/23 LIN CONSULTING INC. 11/09/2023 5,004.94 102484
15192 Invoice JUL23 ENGINEERING CARP & PALM AVE INTERSECTION MBJ HOMES INC 11/09/2023 1,618.98 102485
INV0004883 Invoice RELEASE OF LANDSCAPE BOND
INV0004884 Invoice RELEASE OF LANDSCAPE BOND
INV0004885 Invoice RELEASE OF LANDSCAPE BOND
MOFFATT & NICHOL 11/09/2023 541.98 102486
00778869 Invoice APR23 PROJECT MANAGEMENT DUNE & SHORELINE 00779654 Invoice MAY23 PROJECT MANAGEMENT DUNE & SHORELINE OVERDRIVE INC. 11/09/2023 2,547.81 102487
01352C023396591 Invoice OCT23 EBOOK/AUDIOBOOK MATERIAL FOR LIBRARY 01352DA23401461 Invoice OCT23 EBOOK/AUDIOBOOK MATERIAL FOR LIBRARY PARADISE CHEVROLET 11/09/2023 331.36 102488
CTCS692410 Invoice NEW KEY, OIL CHANGE, WARRANTY WORK 22 COLORADO QUINN COMPANY 11/09/2023 712.39 102489
WON10020910 Invoice SERVICE ON CITY HALL GENERATOR
REGIONAL GOVERNMENT SERVICES 11/09/2023 9,111.82 102490 15671 Invoice SEP23 CONTRACTED HR SERVICES SUPPORT
15786 Invoice EXPENSE REIMBURSEMENT-RANDOLPH POLLARD
ROCKWELL PRINTING 11/09/2023 158.62 102491
43103 Invoice BUSINESS CARDS FOR TWO NEW EMPLOYEES
SANTA BARBARA SWIM CLUB 11/09/2023 1,104.50 102492
INV0005070 Invoice NOV23 SBSC NOVICE SWIM MEET
SHOWSCAPES 11/09/2023 20,567.30 102493

388333355
388333356
388333357
388333358
388333359
388333361
388333693
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
TRACTOR RENTAL FOR EL CARRO PARK RENOVATION 5/8/23
IRRIGATION REPAIR EL CARRO 7/10/23
IRRIGATION REPAIR EL CARRO PARK 7/11/23
IRRIGATION REPAIR EL CARRO PARK 6/29/23
IRRIGATION REPAIR TOMOL PARK 6/29/23
IRRIGATION REPAIR MONTE VISTA PARK 6/29/23
IRRIGATION REPAIR SEASIDE BLDG 8/14/23
SITEONE LANDSCAPE SUPPLY (ALL AROUND) 11/09/2023 335.43 102494 135778100-001 Invoice
OCT23 700230547624
OCT23 700274833982
OCT23 700525378417
OCT23 700604790697
OCT23 006 514 2700 7
OCT23 014 914 3239 7
OCT23 016 913 9500 6
OCT23 140 914 3084 4
188658
188659
188660
188662
1020230156
23-241328
92987051
287303896883X10102023
NOV23 0905
INV0005079
INV0005080
INV0005081
INV0005082
INV0005083
100000017324410
100000017324415
FY23-24 RETRO DC MS
PR23 11/16/23

SO CA ED ISON
Invoice
Invoice
Invoice
Invoice

SO CAL GAS
Invoice
Invoice
Invoice
Invoice

TRAFFIC TECHNOLOGIES LLC
Invoice

TRI-CO REPROGRAPHICS
Invoice
Invoice
Invoice
Invoice

UNDERGROUND SER VICE ALER T OF SOUTHERN CALIFORNIA
Invoice
Invoice

VILLAGE POOL SUPPLY
Invoice ACID FOR POOL 10/25/23

WESTAIRE HEATING & CO NDITIONING INC
Invoice
WEX BANK (76)
Invoice

AT&T MOBILITY
Invoice

EXTRA SPACE STORAGE
Invoice UNIT RENT 11/23/23-12/23/23

MISSIONSQUARE
Invoice
Invoice
Invoice
SEIU LOCAL 620
Invoice
Invoice
CalPERS HEALTH
Invoice
CalPERS HEALTH
Invoice
CalPER S
Invoice

EDD-SIT
Invoice

DRIP MATER IALS FOR AVOCADO FARM
11/09/2023
OCT23 ELECTRICITY-5103 CARPINTERIA AVE
OCT23 ELECTRICITY-901 CACTUS LN EV EV
OCT23 ELECTRICITY-931 WALNUT AVE & 4851 5TH ST
OCT23 ELECTRICITY-CAPP AV/CSTS PAS 609
11/09/2023
NATURAL GAS 5305 CARPINTER IA AVE (POOL)
NATURAL GAS 5103 CARPINTER IA AVE (FRIENDS OF LIBRA
NATURAL GAS 5775 CARPINTER IA AVE (CITY HALL)
NATURAL GAS 941 WALNUT AVE (VETS HALL)
SAFETY LIGHT FOR UNIT 250
SCANNING SMALL FORMAT, FILE RENAME 10/24/23
SCANNING SMALL FORMAT, FILE RENAME 10/24/23
SCANNING SMALL FORMAT, FILE RENAME 10/24/23
SCANNING SMALL FORMAT, FILE RENAME 10/24/23
SEP23 HVAC MAINTENANCE-CITY HALL
OCT23 FUEL FOR CITY VEHICLES
SEP23 CITY HALL CELL PHONES

UNITED WAY OF SANTA BARBARA CO UNTY
Employee United Way Contribution
11/09/2023
11/09/2023
11/09/2023
11/09/2023
11/09/2023
11/09/2023
11/16/2023
11/16/2023
11/16/2023
Deferred Compensation Contribution-Part Time Emp
MissionSquareEmployee Contributions
MISSIONSQUARE Employee Contributions
11/16/2023
Employee Union Dues Contribution
11/16/2023
11/09/2023
OCT23 HEALTH PREMIUMS
11/09/2023
OCT23 HEALTH PREMIUMS CC
11/16/2023
FY23-24 RETRO CONTRIBUTIONS-D. CH EPLEY & M. SMITH
11/16/2023
PR23 11/16/13 SIT TAXES
1,520.10 102495
2,650.17 102496
114.71 102497

22.73 102498
197.96 102499
NOV23 NEW TICKET CHARGES & DATABASE MAINTENANCE
OCT23 CA STATE FEE FOR REGULATORY COSTS
374.10 102500
1,250.00 102501
796.43 102502
390.59 102507
550.00 102508
4,210.35 102509
258.94 102510

24.00 102511
48,840.78 DFT0003156
7,488.87 DFT0003157
138.90 DFT0003166
6,818.99 DFT0003167

INTERNAL REVENUE SER VICE 11 /16/2023 20,164.46 DFT0 003168 PR23 11/16/23 Invoice PR23 11/16/13 FED ER AL TAXES
CalPER S 11/16/2023 15,241.45 DFT0 003169
10/14/23-10/27 /23 CLASSIC Invoice CLASSIC RETIREMENT 10/14/23-10/27 /23 CalPER S 11/16/2023 9,131.85 DFT0 003170
10/14/23-10/27 /23 PEP RA Invoice PEPRA RETIREMENT 10/14/23-10/27/23 ED D-SDI 11/16/2023 1,457.68 DFT0 003171
PR23 11/16/23 Invoice PR23 11/16/13 SDI TAXES

City of Carpinteria

COUNCIL AGENDA STAFF REPORT
November 27, 2023

ITEM FOR COUNCIL CONSIDERATION
Contracts Executed by the City Manager on behalf of the City for the Period of October 17, 2023 through November 20, 2023.

STAFF RECOMMENDATION
Receive and file Report of Contracts Executed by the City Manager for the Period of October 17, 2023 through November 20, 2023.

DISCUSSION
The City Manager is delegated authority by the Carpinteria Municipal Code (CMG), §2.08.150B, to execute contracts on behalf of the City in the amount of $30,000 or less.

Pursuant to CMG §2.08.150C, a list of all contracts executed by the City Manager is provided for City Council information and appended to this Staff Report as Attachment A. Attachment A lists all contracts entered into on behalf of the City for goods, construction and services for the Period of October 17, 2023 through November 20, 2023.

FINANCIAL CONSIDERATIONS
All contracts entered into are within the appropriated budgeted amounts.

ATTACHMENTS
A. Report of Contracts Executed by the City Manager
Report of Contracts Executed by City Manager
November 27, 2023

Staff contact:

Brian C. Barrett, City Clerk
(805) 755-4403, [email protected]
Reviewed by: Dave Durflinger, City Manager
(805) 755-4400; [email protected]
G:\FIDELA\CITY COUNCIL\STAFF REPORT\2023\Report of Contracts Awarded by City Manager.docx

ATTACHMENT A
Report of Contracts Executed by the City Manager
P en. o d 0 f O ct o b er 17 2023 th h N b 20 2023 ' rouq ovem er ' VENDOR PURPOSE AMOUNT Carpinteria Arts Center Grant Agreement for Financial Support $6,000.00 of Arts by the Sea Summer Camp and
Bellas Artes Summer Camp
City of Carpinteria

COUNCIL AGENDA STAFF REPORT
November 27, 2023

ITEM FOR COUNCIL CONSIDERATION
Monthly City Treasurer's Report on Compliance with Statement of Safekeeping and Investment of Public Funds.

STAFF RECOMMENDATION
Receive and file the report.

Sample Motion: I move to receive and file the report.

BACKGROUND / DISCUSSION
The City Council is the City of Carpinteria trustees and is authorized to make investment decisions concerning public funds that are subject to the Prudent Investment Standard.

The Prudent Investor Standard of the California Government Code Section 53600.3 states, "when investing, reinvesting, purchasing, acquiring, exchanging, selling or managing public funds, a trustee shall act with care, skill, prudence and diligence under circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated need of the City, that a prudent person in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the City." The standard or prudence to be used by investment officials shall be applied in the context of managing the overall portfolio.

Trustees are those persons authorized to make investment decisions on behalf of a local agency. Trustees or City Investment Officials, acting in accordance with investment policy and exercising due diligence, shall be relieved of personal responsibility for an individual security's credit risk changes or market price changes, provided deviations from expectations are reported in a timely manner and appropriate action is taken to control adverse developments.

The purpose of this agenda matter is to provide the City Council with the required monthly Treasurer's Report (Attachment A.)
Monthly City Treasurer's Report
November 27, 2023

POLICY CONSISTENCY
The City is in compliance with the adopted Statement of Safekeeping and Investment of Public Funds.

FINANCIAL CONSIDERATIONS
Cash Statement: At October 31, 2023, the City held cash and cash investments as shown in the table below.

Table I
CASH ACTIVITY FOR THE MONTH:

Cash and Investment Beginning of the Month
Cash Receipts
Cash Disbursements
Cash and Investment End of the Month
$ 18,290,243.40
3,640,238.73
(3,665,628.17)
$ 18,264,853.96
Investments:

Changes in the market value of treasury securities are inversely proportional to changes in interest rates demanded in the open market (i.e., when rates rise market values fall, when rates fall market values rise.) The sensitivity of a portfolio's market value to these changes in market rates is a function of its days to maturity and its coupon rate.

Securities with longer maturities and/or lower coupon rates are more sensitive to changes in market interest rates. As security matures, changes in its value become less sensitive to market rate changes.

As of October 31, 2023, the portfolio's average days to maturity was 1.90 years, the average coupon rate was 1. 70%, the average yield to maturity was 5.19%, the par value was $10,150,000 and the Market Value was $9,582,468.62
The City does not intend to sell nor does it have any foreseeable need to sell any securities. The intention of the City's investment policy is to hold all securities to maturity, and securities so held are redeemed at par value resulting in no net market gain or loss.

Attached for City Council review is the Treasurer's Report listing all the investments and cash activity during the month.

The City of Carpinteria will be able to meet all expenditure obligations that might reasonably be anticipated for the next six-month period May 1, 2024. \\COC5H\GDrive\Admin Services\Bank Reconciliations\Treasury\City Treasurer's report.docx Monthly City Treasurer's Report
November 27, 2023

LEGAL
This report has been prepared in compliance with California Government Code Sections 53600 and 53646.

PRINCIPAL PARTIES EXPECTED AT MEETING
None.

ATTACHMENTS
Attachment A: City of Carpinteria Monthly Treasurer's Report Staff contact:

Licette Maldonado, Administrative Services Director _
[email protected]; (805) 755-4448 Signature
Reviewed by: Dave Durflinger, City Manager
[email protected]; (805) 755-4400
\
\\COC5H\GDrive\Admin Services\Bank Reconciliations\Treasury\City Treasurer's report.docx Attachment A
City Treasurer's Monthly Report

CITY OF CARPINTERIA TREAS URER'S REPORT
For the Month Ended October 2023
CASH ACTMTY FOR THE MONTH:

Cash and Investment Beginning of the Month $ 18,290,243.40 Cash Receipts 3,640,238.73
Cash Disbursements (3,665,628.17}
Cash and Investment End of the Month $ 18 264 853 96
CASH AND INVESTMENT PORTFOLIO:

Tvpe of InvestmentlCouponlCUSIP #
Yield to Maturity # Days to
I nstitution/lssuer Maturity Date Maturity Par Value Market Value {I) Book Value (2) Demand Deposit - General Checking Montecito Bank NIA NIA NIA 449,024.21 449,024.21 449,024.21 Demand Deposit - Premier Public Money Market Montecito Bank NIA 1111/2023 1 140,822.95 140,822.95 140,822.95 Demand Deposit - Section 125 Checking Montecito Bank NIA NIA NIA 5,987.00 5,987.00 5,987.00 Demand Deposit - Payroll Checking Montecito Bank NIA NIA NIA 153,957.77 153,957.77 153,957.77 Local Agency Investment Fund State of California 0.22% 11/112023 1 3,535,284.14 3,535,284.14 3,535,284.14 Demand Deposit - Money Market Charles Schwab NIA 111112023 1 4,121,067.46 4,121,067.46 4,121,067.46 Treasury Note, 2.75%, (912828WE6) U.S. Government 2.23% 11/1512023 15 250,000.00 249,726.55 252,049.66 Treasury Note, 0.75%, (91282CDR9) U.S. Government 0.73% 1213112023 61 250,000.00 248,085.93 249,993.47 Treasury Note, 2.5%, (9128285Z9) U.S. Government 0.06% 113112024 92 200,000.00 198,562.50 199,388.94 Treasury Note, 2.375%, (9128286GO) U.S. Government 0.78% 212912024 121 200,000.00 197,968.74 199,264.00 Treasury Note, 0.25%, (91282CBR 1) U.S. Government 2.17% 3/1512024 136 250,000.00 245,273.43 240,750.00 Treasury Note, 2.25%, (9128286R6) U.S. Government 2.41% 413012024 182 250,000.00 245,976.55 249,156.76 Treasury Note, 2.0%, (912828XT2) U.S. Government 1.11% 513112024 213 250,000.00 245,000.00 255,10750 Treasury Note, 0.25%, (91282CCG4) U.S. Government 4.61% 6/1512024 228 250,000.00 242,031.25 235,669.96 Treasury Note, 3.0%, (91282CFA4) U.S. Government 4.53% 7131/2024 274 250,000.00 245,429.68 244,503.55 Treasury Note, 3.25%, (91282CFG 1) U.S. Government 4.30% 813112024 305 250,000.00 245,429.68 245,158.84 Treasury Note, 0.375%, (91282CCX7) U.S. Government 1.08% 9/1512024 320 250,000.00 239,179.68 245,359.46 Treasury Note, 2.125%, (9128282Y5) U.S. Government 4.31% 913012024 335 250,000.00 242,617.18 239,586.84 Treasury Note, 0.625%, (91282CDB4) U.S. Government 4.14% 10/1512024 350 250,000.00 238,82813 233,056.64 Treasury Note, 2.25%, (912828G38) U.S. Government 4.35% 11/1512024 381 250,000.00 241,953.13 241,052.35 Treasury Note, 1.00%, (91282CDN8) U.S. Government 0.98% 12/1512024 411 250,000.00 238,125.00 250,079.39 Treasury Note, 1.125%, (91282CDS7) U.S. Government 4.09% 111512025 442 250,000.00 237,812.50 237,350.47 Treasury Note, 1.125%, (912828ZC7) U.S. Government 1.29% 212812025 486 250,000.00 236,640.63 248,740.00 Treasury Note, 2.625%, (9128284F4) U.S. Government 1.30% 313112025 517 250,000.00 241,015.63 260,224.61 Treasury Note, 0.25%, (912828ZTO) U.S. Government 1.25% 513112025 578 250,000.00 231,328.13 241,660.01 Treasury Note, 0.25%, (912828ZW3) U.S. Government 1.53% 613012025 608 250,000 00 230,546.88 239,598 86 Treasury Note, 0.25%, (91282CAM3) U.S. Government 1.32% 913012025 700 250,000.00 228,203.13 240,265.00 Treasury Note, 3.0%, (9128285J5) U.S Government 4.09% 10131/2025 731 250,000.00 240,195.30 242,136.63 Treasury Note, 0.375%, (91282CBC4) U.S. Government 1.20% 12131/2025 792 250,000.00 226,523.42 241,955.00 Treasury Note, 0.375%, (91282CBC4) U.S. Government 1.37% 12131/2025 792 250,000.00 226,523.43 240,365.00 Treasury Note, 3.875%, (91282CGE5) U.S. Government 3.77% 111/2026 793 250,000.00 244,062.50 250,641.19 Treasury Note, 1.625%, (9 I 2828P46) U.S. Government 1.56% 2/1512026 838 250,000.00 231,796.88 250,595.69 Treasury Note, 0.5%, (91282CBQ3) U.S. Government 1.28% 212512026 848 250,000.00 225,507.80 242,113.19 Treasury Note, 0.75%, (91282CBT7) U.S. Government 1.28% 313112026 882 250,000 00 226,445.30 244,459.30

CITY OF CARP INTERIA TREAS UR ER'S REPORT
For the Month Ended October 2023
Treasury Note, 0. 75%, (91282CCF6) U.S. Government 1.34% 5/31/2026 943 250,000.00 224,804.68 243,702.50 Treasury Note, 0.875%, (91282CCJ8) U.S Government 1.35% 6/30/2026 973 250,000.00 225,195.30 244,821.96 Treasury Note, 1.625%, (9 l 282YQ7) U.S. Government 4.00% 10/31/2026 1096 250,000.00 227,421.88 227,869.30 Treasury Note, 2%, (91282U24) U.S. Government 4.31% 11/15/2026 1111 250,000.00 229,726.55 228,317.27 Treasury Note, 1.25%, (91282CDK4) U.S. Government 1.28% 11/30/2026 1126 250,000.00 224,257.80 249,602.02 Treasury Note, 1.5%, (912828278) U.S. Government 3.64% 1/31/2027 1188 250,000.00 224,843.75 231,040.31 Treasury Note, 2.25%, (9 l 2828V98) U.S. Government 4.29% 2/15/2027 1203 250,000.00 230,234.38 229,819 14 Treasury Note, 2.5%, (91282CEF4) U.S. Government 3.96% 2/16/2027 1204 250,000.00 231,562.50 235,031.06 Treasury Note, 2.75%, (91282CEN7) U.S. Government 3.71% 4/30/2027 1277 250,000.00 233,046.88 241,094.62 Treasury Note, 3.25%, (91282CEW7) U.S. Government 3.70% 6/30/2027 1338 250,000.00 236,484.38 245,668.13 Treasury Note, 3.125%, (91282CFH9) U.S. Government 4.19% 8/31/2027 1400 250,000.00 234,804.68 238,232.21 Treasury Note, 4.125%, (9 I 282CFU0) U.S. Government 4.02% 10/31/2027 1461 250,000.00 243,203.13 250,962.10 Treasury Note, 2.25%, (9128283F5) U.S. Government 4.01% 11/15/2027 1476 250,000.00 226,093.75 232,267.50 18,556.143.53 17,988,612.15 18,264,853.96

REPORT ON COMPLIANCE WITH STATEMENT OF SAFEKEEPING AND INVESTMENT OF PUBLIC FUNDS The City is in compliance with the adopted Statement of Safekeeping and Investment of Public Funds.

REPORT OF ABILITY TO MEET REQUIRED EXPENDITURES FOR THE NEXT SIX MONTHS Based upon currently budgeted revenues and expenditures, the City currently has sufficient liquid financial resources to meet anticipated expenditures during the period 11/01/23 through 5/01/24.

WEIGHTED AVERAGE MATURITY OF PORTFOLIO
As of Octber 31, 2023 the weighted average days to maturity of the City's investment portfolio is I. 90 years.

FOOTNOTES TO REPORT/DEFINITION OF TERMS:
(I) The market value of U.S. Goverrnent Securities was provided by the custodial agent, Charles Schwab.

For the Local Agency Investment Fund the market value represents the contract value.

For all other investments, the market value is equal to book value. (2) Book value of demand deposits equals the bank balance minus outstanding checks plus deposits-in-transit.

Yield to Maturity (YTM): The percentage rate of return for the note assuming that the City holds the asset until its maturity date. lt is the sum of all its remaining coupon payments.

Par Value: Equals face value of security (value of the security when it reaches maturity).

Market Value: The last price for which a security was bought or sold. In this case, the value as of the last day of the month of this report.

Book Value: The amount at which the security is carried in the City's accounting records (adjusted at year-end for GASB 40 reporting purposes).

City of Carpinteria

COUNCIL AGENDA STAFF REPORT
November 27, 2023

ITEM FOR COUNCIL CONSIDERATION
Adoption of Ordinance No. 772 amending various sections in Carpinteria Municipal Code Chapter 2.08 ("City Manager") to align with law and practice.

STAFF RECOMMENDATION
Adopt Ordinance No. 772 (second reading), amending Chapter 2.08, City Manager, of the Carpinteria Municipal Code.

Sample Motion: I move to adopt Ordinance No. 772, amending Chapter 2.08, City Manager, of the Carpinteria Municipal Code. (This motion requires a roll call vote.)

BACKGROUND
In anticipation of the installation of a new City Manager, staff recommends revising certain outdated provisions in Carpinteria Municipal Code Chapter 2.08, governing the City Manager position. The City's employment counsel, Liebert Cassidy Whitmore suggested these amendments and the City Attorney's Office agrees with these recommendations.

On October 9, 2023, the City Council determined the maximum distance from the City that the city manager is required to reside is 30 miles and the time frame the city manager has from their appointment to establish a residence is 90 days. At the City Council's subsequent meeting on October 23, 2023, however, Council expressed concern with the 90 day timeframe and requested staff to amend the proposed ordinance to provide 180 days for a city manager to reside within the agreed upon distance. The City Council also requested the addition of language authorizing the Council to change the distance or timeframe by resolution. These terms are included in the attached Ordinance No. 772 for Council's consideration. Additionally, because the requested amendment was substantive in nature, Ordinance No. 772 returned for first reading at the November 13, 2023 meeting.

The purpose of this agenda matter is for the Council to consider the second reading and adoption of Ordinance No. 772.
26112899.4
Adoption of Ordinance No. 772 - Amending CMC Chapter 2.08 November 27, 2023

DISCUSSION
The draft Ordinance No. 772 includes two changes to Chapter 2.08: (1) amending the City Manager residency requirement to accord with State law, and (2) eliminating an appeal right to dismissal, which is contrary to the at-will nature of the City Manager's employment.

Amending the Residency Requirement
CMG Section 2.08.030 ("Residency Requirements") currently provides as follows:
"Residence in the city at the time of appointment shall not be required as a condition of appointment; provided, however, that within twelve months after the appointment of the city manager, he shall establish his residence in the city, unless such time is extended by resolution of the city council."
Article XI § 1 0(b) of the California Constitution and Government Code §50083, however, prohibit local agencies from requiring their employees to reside within the boundaries of the particular agency; the former, however, does permit employees "be required to reside within a reasonable and specific distance of their place of employment or other designated location." This prohibition also bars residency requirements applied to applicants for public agency employment.

It is common practice for local agencies to require public safety personnel, such as police officers and fire fighters, to live near their agency, under the premise that the restriction ensures rapid emergency response. The same may be true of a city manager, who is often the designated Director of Emergency Services. 1 Other
legitimate objectives for a residency requirement include enhancement of the quality of employee performance by greater personal knowledge of the city's conditions and by a feeling of greater personal stake in the city's progress, as well as diminution of absenteeism and tardiness among municipal personnel.2
In light of State law, it is proposed that the title for Section 2.08.030 be changed to "Residency," and the substance of the section be amended to read as follows:
"Residence in the city shall not be required as a condition of appointment, but the city manager shall establish residence within 30 miles of the city within 180 days of appointment unless, by resolution, the city council establishes a different reasonable and specific distance from the city and/or time period to establish residency. Thereafter, the city manager shall maintain a residence within the specified distance."
1 In the City, the City Manager acts as the designated Director of Emergency Services. 2 See 77 Ops Cal Atty Gen 170 (1994).

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Adoption of Ordinance No. 772 -Amending CMC Chapter 2.08 November 27, 2023

Beyond legal requirements, because local housing prices not only within the City's jurisdictional limits, but throughout south Santa Barbara County may be a hurdle for the recruitment and retention of a new City Manager, the language proposed above allows the Council to be as restrictive as it desires, while also carving out discretion that may be exercised on a case-by-case basis.

As examples from other jurisdictions, the City of Palos Verdes Estates (municipal code Section 2.08.020) and the City of Sonoma (municipal code Section 2.08.020) both require the city manager to live within 10 miles from the City, but afford the Council a similar flexibility that is in the suggested amendment.

In deciding on a distance to insert in the recommended amendment, the following may be considered. The distance from Carpinteria City Hall to the outer limits of various neighboring cities are as follows:
• Goleta (measured to Bacara Resort): 26.7 miles (approximately 30 minute drive)
• Ventura (measured to Azahar Park): 25 miles (~30 minute drive) • Oxnard (measured to Haas Automation): 27.2 miles(~ 30 minute drive) • Camarillo (measured to Quito Park): 36.5 miles (~35-50 minute drive) • Buellton (measured to Alder Ln): 51.1 miles (~1 hour drive) Delete the Right to Appeal Dismissal
CMC Sections 2.08.070 to 2.08.100 provide the city manager with a right to appeal his or her dismissal. This is not only unusual, but contrary to the at-will nature of city employment. For this reason, it is recommended that Section 2.08.070 be amended to remove mention of the right, and Sections 2.08.080 to 2.08.100 be removed altogether because they discuss the hearing process.

Section 2.08.070 is recommended to be edited as follows (strikethrough indicates deletion; underline indicates additional text):

2.08.070 - Agreement for administrative services and removal authorized.

Pursuant to the employment of the city manager, the city council and the city manager shall enter into an agreement, in writing, agreeable to both parties which shall set forth the conditions of employment and an agreement of termination; provided, however, that such agreement shall not be contrary to those stipulations established in this chapter. The removal of the city manager shall be only upon a three member vote of the whole council in a regular council meeting, subject, ho•Never, to the provisions of Sections 2.08.080 through

2.08.100, and the decision shall be final.

Sections 2.08.080 through 2.08.100, which are recommended for deletion, provide as follows:

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Adoption of Ordinance No. 772 - Amending CMG Chapter 2.08 November 27, 2023
Page4

2.08.080 - Removal-Hearing.

Within seven days after the delivery to the city manager of such notice, he may, by written notification to the mayor, request a hearing before the city council.

Thereafter, the city council shall fix a time for the hearing which shall be held at its usual meeting place, but before the expiration of the thirty-day period, at which the city manager shall appear and be heard, with or without counsel.

2.08.090 - Removal-Suspension pending hearing.

After furnishing the city manager with written notice of intended removal by resolution of the council subsequent to the hearing as provided in Section

2.08.080, the city manager shall be suspended from further duties.

2.08.100 - Removal-Discretion of council.

In removing the city manager, the city council shall use its uncontrolled discretion and its action shall be final and shall not depend upon any particular showing or degree of proof at the hearing, the purpose of which is to allow the city manager to present to the city council his grounds of opposition to his removal prior to its action.

POLICY CONSISTENCY
The proposed amendment is consistent with the City's interest in ensuring its policies and
practices are consistent with applicable federal and state laws.

FINANCIAL CONSIDERATIONS
None.

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
The City Attorney's Office prepared this report and the City Attorney will be available to discuss and answer questions at the meeting.

OPTIONS

1. Adopt Ordinance No. 772 (second reading), amending Chapter 2.08 to remove the residency requirement and appeal rights for the City Manager. (Staff recommendation)

2. Direct staff to revise Ordinance No. 772 and bring the matter back at a later date for further consideration.

3. Elect to not adopt the recommended amendments to CMG Chapter 2.08.

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Adoption of Ordinance No. 772 - Amending CMC Chapter 2.08 November 27, 2023

PRINCIPAL PARTIES EXPECTED AT MEETING
None.

ATTACHMENTS
A. Ordinance No. 772
Staff contact: Brian C. Barrett, City Clerk
(805) 755-4403; [email protected]
Reviewed by: Dave Durflinger, City Manager
(805) 755-4400; [email protected]
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ATTACHMENTA
ORDINANCE NO. 772

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARPINTERIA, CALIFORNIA, AMENDING CHAPTER 2.08 TO

AMEND THE RESIDENCY REQUIREMENT AND APPEAL

RIGHTS FOR THE CITY MANAGER
WHEREAS, certain provisions of Carpinteria Municipal Code ("CMC") Chapter

2.08 relating to the City Manager position need updating to reflect current legal requirements; and,
WHEREAS, the City desires the align the CMC with the Article XI Section 10(b) of the California Constitution, which prohibits a city from requiring that its employees be residents of such city, but permits a residency requirement within a reasonable and specific distance of a place of employment or other designated location; and, WHEREAS, Government Code Section 50083 contains a parallel provision to that of the California Constitution; and,
WHEREAS, on October 23, 2023, the City Council provided direction on the amendment of CMC Section 2.08.030 ("Residency Requirements"), which direction is memorialized in the proposed amendment of the ordinance; and WHEREAS, certain CMC provisions providing appeal rights upon suspension or removal are contrary to the at-will nature of the City Manager's employment and are to be removed.

THE CITY COUNCIL OF THE CITY OF CARPINTERIA DOES ORDAIN AS FOLLOWS:

SECTION 1. INCORPORATION OF RECITALS
The above recitals are true and correct and are incorporated herein, and are each relied upon independently by the City Council for its adoption of this Ordinance.

SECTION 2. AMENDMENT OF CMC SECTION 2.08.030 ("RESIDENCY REQUIREMENTS").

Section 2.08.030 of the Carpinteria Municipal Code ("CMC") is hereby amended in its entirety to read as follows:
"Section 2.08.030 - Residency.

Residence in the city shall not be required as a condition of appointment, but the city manager shall establish residence within 30 miles of the city within 180 days 26329357.2
Ordinance No. 772

of appointment unless, by resolution, the city council establishes a different reasonable and specific distance from the city and/or time period to establish residency. Thereafter, the city manager shall maintain a residence within the specified distance."
SECTION 3. AMENDMENT OF CMC SECTION 2.08.070 ("AGREEMENT FOR ADMINISTRATIVE SERVICES AND REMOVAL AUTHORIZED").

CMC Section 2.08.070 is hereby amended in its entirety to read as follows:
"Pursuant to the employment of the city manager, the city council and the city manager shall enter into an agreement, in writing, agreeable to both parties which shall set forth the conditions of employment; provided, however, that such agreement shall not be contrary to those stipulations established in this chapter. The removal of the city manager shall be only upon a three member vote of the whole council, and the decision shall be final."
SECTION 4. DELETION OF CMC SECTIONS 2.08.080, 2.08.090, and 2.08.100.

CMC Sections 2.08.080, 2.08.090, 2.08.100 are hereby repealed and shall be Reserved and denoted as such.

SECTION 5. EFFECTIVE DATE.

This Ordinance shall take effect and be in force and effect thirty (30) days from and after its passage; and before the expiration of fifteen (15) days of its passage shall be published once with the names of the members of the City Council voting for and against the same in the Coastal View, a newspaper of general circulation, published in the City of Carpinteria, County of Santa Barbara pursuant to California Government Code Section 36937.

SECTION 6. SEVERABILITY.

If any section, subsection, sentence, clause, phrase or word of this Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decisions shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed and adopted this Ordinance, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid.

SECTION 7. CEQA EXEMPTION.

The City Council finds that this Ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines § 15060(c)(3) (this activity is not a "project" as defined in § 15378). 26329357.2
Ordinance No. 772

PASSED, APPROVED AND ADOPTED on November 27, 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, CMG, CPMC
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 November 27, 2023.

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
26329357.2
City of Carpinteria
Gour.rcr- Aceruon Srarr Reponr
November 27,2023

ITEM FOR COUNCIL CONSIDERATION
Acceptance for recordation of Parcel Map 25,187, and associated documents including project-specific Covenants, Conditions and Restrictions (CC&Rs), and lnformational Notice document, for the Haber Condominium Project (20-2076-DPICDP/TPM/TEX) located at4716 Seventh Street.

STAFF RECOMMENDATION
Staff recommends the Council accept Parcel Map 25,187 and associated documents for recordation.

Sample Motion: I move to accept Parcel Map 25,187 and associated documents, and authorize staff to take the necessary steps to submit Parcel Map 25,187 and associated documents to the County Recorder of Santa Barbara County for recordation.

BACKGROUND
The Haber Condominium Project includes the remodel of an existing single family dwelling, the construction of a new detached two-car carport, the construction of two new attached two-story residential units with attached garages, and the subdivision of the property for condominium purposes. The project also includes various site improvements, including construction of a new shared driveway/motorcourt, siteperimeter retaining walls and fences, site landscaping, onsite stormwater facilities, and the removal of an existing power pole on the project's Seventh Street frontage as a part of utilities undergrounding.

The proposed project was considered and approved by the Planning Commission at the June 4,2018 meeting subject to the adopted conditions of approval (Project 17-1883- DP/CDP/TPM; Resolution No. PC-18-006). The Planning Commission's approval became final on June 14,2018, following the expiration of the requisite 1O-calendar day appeal period. The original project approval was granted for a period of three years, Parcel Map 25,187 Final Map Clearance
November 27,2023
Page No. 2
giving the applicant until June 14,20211o obtain building permits and commence construction.

The subject property and proposed project were purchased by the current owner, Michael Haber, Surf Cottages, LLC, from the former owner and original project applicant, Bob Gobuty, in July 2020. upon transfer of the property, a new project number was assigned (20-2076-DPICDP/TPM) to reflect the new ownership interest and financially responsible party.

Pursuant to Assembly Bill (AB) 1561 , housing-retated projects that were approved prior to March 4,2020 and that would have expired prior to DeCember 31, 2021, were subject to an automatic 18-month time extension. The time extension was granted in responie to delays in statewide housing production caused by the global COVID-1g pandemic. As the subject project met the necessary qualifications, the automatic 18-month extension to the project approvals extended the project approval expiration date from June 14, 2021 to December 14,2022.

On November 7,2022, the applicant requested a 24-month time extension for the project due to delays in completing the permit process and commencing construction as a result of the COVID-19 pandemic. The request for the time extension was considered 31d,apRroved by the Planning Commission on December 5, 2022 (Project 20-2076- DP/CDP/TPM/TEX; Resolution No. PC-22-010). The Planning Commission's approval became final on December 16,2022, following the expiration of the requisite 10- calendar day appeal period. With the granted 24-month time extension, the project approvals remain valid through December 16, 2024.

DISCUSSION
Pursuant to the State Subdivision Map Act and Title 16 (Subdivisions) of the Carpinteria Municipal Code, prior to recordation of the Parcel Map, said Map and any associated required measures or documents must first return to the City Council for iormal acceptance and to authorize staff to complete all remaining steps necessary for execution and recordation of the documents. As part of this action, the Council must confirm that all project conditions of approval required to be satisfied prior to recordation of the Parcel Map have been properly and fully executed.

The project Conditions of Approval (Attachmenl A) require the following map conditions be satisfied prior to recordation:

Map Condition 30: Prior to recordation of the Parcel Map and subject to CDD approval as to form and content, the applicant shall include all of the project conditions required by this project approval on a separate informational iheet to be recorded with the Parcel Map.
a
o Map Gondition 31: Prior to recordation of the Parcel Map, the applicant shall pay applicable Quimby Fees.

QLCC Staff Reports\2023 1127\Final\Haber Condominiums Map Acceptance\CC Finat Map Acceptance SR Haber Condos 20231127.docx
Parcel Map25,187 Final Map Clearance
November 27,2023
Page No. 3
a
a
a
a
a
Map Condition 32: The Parcel Map shall be subject to the Subdivision Ordinance of the City of Carpinteria and to the State Subdivision Map Act. The Map shall be prepared by a qualified California Registered Civil Engineer or Licensed Land Surveyor. Closure calculations shall be submitted along with adequate reference data and a current title report. Two copies of the map and one copy of the calculations shall be submitted for review. Within thirty (30) days after the recordation of the Parcel Map, the applicant shall deliver one set of reproducible mylar copies of the recorded map to the Community Development Department.

Map Condition 33: The Parcel Map shall be substantially in conformance with the Tentative Map as approved. Any substantial changes, as determined by City staff, require the approval of the Planning Commission and the City Council.

Map Condition 34: Prior to recordation, public utility easements shall be provided at the locations and of widths required by the serving utilities. The subdivider shall submit to the City Surveyor a set of prints of the Parcel Map accompanied by a letter from each utility and water and sewer district serving the property stating that the easements shown thereon are acceptable.

Map Condition 35: The applicant shall pay all engineering fees and all other fees and deposits prior to approval of the Parcel Map by the City Council.

Map Condition 36: Before recordation of the Parcel Map, Developer shall provide the City Engineer with written evidence from the Santa Barbara County Clerk's Office that Developer has executed and filed with the Clerk all certificates, statements and securities required by Government Code Sections 66492 and 66493.

Map Condition 37: Conditions, Covenants and Restrictions (CC&Rs) for the project shall be submitted for review to the City Attorney, Community Development Department and Public Works Department, and approved by the City Council prior to acceptance of the Parcel Map. The CC&Rs shall include provisions for the HOA maintenance of any landscaping, fencing and specialty hardscape within the City's right-of-way and shall provide for the shared maintenance responsibilities by all parcels for common area shared improvements. The CC&Rs shall also include by reference responsibilities for all parcels to maintain property in compliance with all conditions of approval for the project. Further, the City Attorney and the City Council may require additional restrictions within the CC&Rs as found to be appropriate.

The Development Plan and Coastal Development Permit conditions also stipulate that certain requirements be included in the project's CC&Rs, including: maintenance of landscaping for the life of the project; compliance with approved exterior lighting; a G:\CC Staff Reports\2023 1127\Final\Haber Condominiums Map Acceptance\CC Final Map Acceptance SR Haber Condos 20231127.docx
Parcel Map25,187 Final Map Clearance
November 27,2023
Page No. 4
requirement that parking spaces within garages be maintained at all times for the parking of vehicles; and a requirement that the uncovered guest space be maintained for the life of the project. Finally, the project conditions of approvai state that no permits for construction shall be issued prior to recordation of the parcel Map, City staff, including Community Development, Public Works, the City Surveyor, and the City Attorney's office have reviewed and administratively accepted all pertinent documents as having satisfied the respective project conditions. Copies of the proposed final exhibits and associated documents to be signed and recorded following acceptance by the City Council are included in the following attachments:
. Parcel Map No. 25,187 exhibit as Attachment B;
o Project Covenants, Conditions and Restrictions (CC&Rs) as Attachment C; and o conditions of Approval lnformational Notice as Attachment D;

FINANCIAL CONSIDERATIONS
All staff time and costs associated with the review and recordation of Parcel Map No. 25,187 and associated documents are borne by the applicant. All project accounts are paid and current, and sufficient funds remain on hand to cover anticipated costs associated with final review and recordation.

Parkland acquisition fees, also known as "euimby Fees," for the project total $32,935.14 and were paid in full on November 14,2023. All othei Development lmpact Fees associated with the project are due at the time of Occupancy Clearance for the respective new dwelling units.

LEGAL ND RISK MANAG EMENT CONSIDE TIONS
Staff has confirmed that all required project conditions of approval that must be satisfied prior to recordation of the Parcel Map have been properly and fully complied with. City staff shall be responsible for ensuring that all of the referenced documents are propeily executed and recorded.

OPTIONS
2 Accept Parcel Map 25,187 and associated documents for recordation (staff recommendation).

Request revisions to Parcel Map No. 2s,187 and/or any of the associated documents, and direct staff to return with the revised documents to a future Council meeting.

PRINCIPAL PARTIES CTED AT MEETING
Michael Haber, Surf Cottages, LLC (owner)
QLCC Staff Reports\2023 1127\Final\Haber Condominiums Map Acceptance\CC Finat Map Acceptance SR Haber Condos 20231127.docx
1 Parcel Map 25,187 Final Map Clearance
November 27,2023
Page No. 5
Eva Turenchalk, agent

ATTACHMENTS
Attachment A: Project Conditions of Approval
Attachment B: Parcel Map No. 25,187 exhibit
Attachment C: Project Covenants, Conditions and Restrictions (CC&Rs) Attachment D: Conditions of Approval lnformational Notice Staff contact: Brian Banks, Principal Planner
Community Development Department
805-755-4 41 4 I brian. [email protected] ov
Signature
Reviewed by: Nick Bobroff, Director
Commun ity Development Department %
Reviewed by: Dave Durflinger, City Manager
(805) 7 55-4400, [email protected]
G:\CC Staff Reports\2023 1127\Final\Haber Condominiums Map Acceptance\CC Final Map Acceptance SR Haber Condos 20231127.docx
Attachment A
Project Conditions of Approval
Haber Condominiums
Final Map Clearance - Parcel Map No. 25,187
November 27 , 2023 City Council Hearing

PLANNING COMMISSION HEARING
PROJECT 20.207 6.DP/CDP/TPM/TEX

HABER CONDOMINIUMS TIME EXTENSION
4716 SEVENTH STREET (APN 003-301-020)
DECEMBER 5,2022
EXHIBIT 3: CONDITIONS OF APPROVAL
(APPLICANT: MICHAEL HABER, SURF COTTAGES' LLC)
The Conditions set forth in this permit affect the title and possession of the real property that is the subject of this permit and shall run with the real property or any portion thereof. All the terms, covenants, conditions and restrictions herein imposed shall be binding upon and inure to the benefit of the owner (applicant, developer), his or her heirs, administrators, executors, successors and assigns. Upon any sale, division or lease of real property, all the conditions of this permit shall apply separately to each portion of the real property and the owner (applicant, developer) and/or possessor ofany such portion shall succeed to and be bound by the obligations imposed on the owner (applicant, developer) by this permit.

PROJECT DESCRIPTION
This Development Plan, Coastal Development Permit and Tentative Parcel Map is based upon and limited to compliance with the project description, the hearing exhibits (Exhibit 1 , Attachment B to the staff report dated December 5, 2022), and conditions of approval set forth below. Any deviations from the project description, exhibits or conditions must be reviewed and approved by the City for conformity with this approval. Deviations may require approved changes to the permit and/or further environmental review. Deviations without the above described approval will constitute a violation of permit approval.

The project description is as follows:

Development Plan: A Development Plan (DP) is requested to allow for the construction of the proposed project. The project includes the following elements:

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Remodel of Existing Single Family Residence: An existing I ,165 square foot one-story single family residence would be remodeled. Proposed improvements include updated exterior treatments and materials (board and batten siding, windows, corrugated metal roofl, a new front entry and covered porch, removal of an existing exterior utility closet, and an upgrade to interior plumbingfixtures. Maximum existing height of the residence would remain at approximately l4 feet four inches.

New Detached Two-Car Carport: A new detached 324 square foot twocqr garage would be constructed to serve the existing detached residence. The garage would be located directly behind the existing residence. Maximum height of the new garage would be approximately ninefeet ll inches.

Conditions of Approval, Resolution No. PC-22-010
Haber Condominiums Time Extension; PC Hearing Date: December 5,2022 Page I
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Conditions of Approval, Resolution No. PC-22-010
Haber Condominiums Time Extension; PC Hearing Date: December 5,2022 Page2
construct Two New Residential (Jnits: Two new attached two-story residences with attached two-car garages would be constructed on the north and west portions of the subject lot. Each unit would contain three bedrooms and two-and-a-half bathrooms. Total square footage of the units would be: Unit "A" 1,968 square feet of tiving area plus a 412 square foot attached two-car garage,. Unit "8" 1,966 square feet of living area plus a 408 square foot attached two-car garage. (Jnit ,,A,,' whichfaces the street would include a 62 square foot secondfloor deck.

Maximum height of the new units, as measuredfromfinished grade would be approximately 27 feet.
site Improvements: Proposed site improvements include construction of a new shared driveway/motorcourt located in the center of the lot and providing access to all three residences' garages and the sharedvisitor space, site perimeter retaining walls andfences, site landscoping, including both common and private open space areos, onsite stormwater facililies (e.g., permeable paving materials, and distributed bio-retention basins), and underground utilities including the removal of an existing power pole on the project's Seventh Street frontage. Estimated earthworkquantities are 740 cubic yards ofcut and 985 cubic yards of /ill, for a net import of 245 cubic yards. Much of the excavation/cut is to allow for proper recompaction to support the new building pads. The additionol fill will be used in recompaction and to ensure positive drainage.

In total, the project would result in three residential units with a total combined squarefootage of5,204 squarefeet ofliving area, and 1,144 squarefeet of garages, covered parking and storage. The cumulative total squarefootage of all structures would be 6,348 square feet.
coastal Development Permit: A coastal Development permit (cDp) is required to allow the proposed development within the coastal zone as described above.

Tentative Parcel Map: The approval of rentative parcel Map (fpM) No. 2 5 , I 87 would allow for the three-way subdivision of the property for condominium purposes, resulting in three residential condominium units and one common area lot.

The grading, development, use, and maintenance of the properfy, the size, shape, arrangement, and location ofstructures, parking areas and landscape areas, and the protection and preservation ofresources shall conform to the project description above and the hearing exhibits and conditions of approval below. The property and any portions thereof shall be sold, leased or financed in compliance with this project description and the approved hearing exhibits and conditions of approval hereto. All plans (such as Landscape Plans) must be submitted for review and approval and shall be implemented as approved by the City.
2 PROJECT SPECIFIC CONDITIONS
The design, scale and character of the project architecture shall be compatible and blend harmoniously with vicinity development. Plan Requirement and Timing:

The applicant shall submit architectural, landscape and grading plans of the project for final review by the Architectural Review Board prior to approval of any Building Permit for physical development. Monitoring: CDD shall review submitted plans, provide direction to the ARB regarding this condition and site inspect prior to, and during the construction phase.

All materials and colors used in construction and all landscape materials shall be as represented to the Architectural Review Board and any deviation will require the express review of the Board.

In compliance with the Water Conservation in Landscaping Act of 2006 (Assembly Bill I 881, Laird) ) as amended by the May 29,2015 Information Bulletin 2015-03 from the Department of Housing and Community Development and Chapter 15.90 of the City's Municipal Code: Water Efficient Landscaping, a Landscape Documentation Package containing the following elements shall be prepared by a design professional : pnolgcr INFoRMATIoN; wATER EFFICIENT LANDSCAPE WORKSHEET; SOIL MANAGEMENT REPORT; LANDSCAPE DESIGN PLAN; IRRIGATION DESIGN eLAN; and cRaowc DESIGN PLAN. The preparation of a Certificate of Completion containing the following elements shall also be prepared by a design professional: cpRrrlcartoN oF INSTALLATIoN (per the approved plan); FINAL soLS INFORMATION; IRRIGATION SCHEDULING PARAMETERS; MAINTENANCE SCHEDULES; and tRRtcatloN AUDIT REpoRT. Plan Requirements and Timing: Prior to approval of a Building Permit, the applicant shall submit a Landscape Documentation Package to the CDD for review and approval. The CDD shall send a copy of the Documentation Package the Carpinteria Valley Water District. The applicant shall enter into an agreement with the City to install required landscaping and irrigation and maintain required landscaping for the life of the project.

Subsequent to installation of the approved Grading, Landscape and Irrigation Plans, the applicant shall submit a Certificate of Completion to CDD for review and approval. The Landscape Documentation Package and Certificate of Completion forms are available at the CDD, and are required to be approved by the CDD prior to Occupancy Clearance. Monitoring: CDD shall conduct site visits to ensure installation and maintenance of landscape and irrigation.

Any exterior night lighting installed on the project site, including but not limited to building mounted lights, motor court lighting and outdoor landscaping lighting, shallbe of low intensity, low glare design, minimum height, and shallbe hooded to direct light downward onto the subject parcel and prevent spill-over onto adjacent parcels. Plan Requirements: The locations and designs of all exterior lighting fixtures shall be depicted on a Lighting Plan to be reviewed and approved by CDD with input from the ARB. Monitoring: CDD and ARB shall review a Lighting Conditions of Approval, Resolution No. PC-22-010
Haber Condominiums Time Extension; PC Hearing Date: December 5,2022

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6. Plan for compliance with this measure prior to approval of a building permit for the development. cDD shall site inspect prior to occupancy clearance.

All mechanical equipment including heating and air conditioning units, and trash receptacle areas, shall be completely screened from surrounding properties and shall be either enclosed within a building or parapet, or located in a ienced rear yatd atea. Plan Requirements: The locations of all exterior mechanical equipment shall be depicted on a Roof andlor Mechanical Equipment Plan to be reviewed and approved by cDD with input from the ARB. Monitoring: cDD and ARB shall review the Roof and/or Mechanical Equipment plan for compliance with this measure prior to approval of a Building Permit for the development. Building Inspector shall inspect structures upon completion to ensure that mechanical equipment has been installed consistent with the approved plan.

Final plans shall include the location of all above ground and vaulted appurtenances including, but not limited to, utility vaults, gas meters, fire backflow piwention systems, and check valves. The location of such appurtenances shall be approved by cDD and may be required to be located and/or screened to as to minimize aesthetic impacts.

The recommendations outlined in the project specific preliminary foundation investigation shall be followed in the construction of the subject project and the applicants shall be required to have the project engineering geologist onsite to observe all excavations prior to placement of compacted soil, gravel backfill, or rebar and concrete. PIan Requirements/Timing: Two copies of the preliminary foundation investigation shall be submitted with the building plans for building permit plan check. Applicable plan sheets (i.e., grading, foundation, etc.) shallle in substantial compliance with the recommendations outlined in the soils report. The project engineering geologist shall be onsite during excavation, recompaction and foundation preparation work, as applicable. Monitoring: Building Inspector shall review and approve building plans and shall site inspect during construction, prior to occupancy clearance.

Adequate space shall be made available to allow vehicles to be parked within garages. This requirement shall be written into the project CC&Rs and enforced by the Homeowners' Association.
l0 A minimum of I uncovered visitor parking space shall be provided and maintained for the life of the project. The required visitor space shall be permanently marked as such, and remain available for guests and visitors of the residents. This requirement shall be written into the project cc&Rs and enforced by the Homeowners' Association.

I 1. In the event that the project site is removed from the 1O0-year floodplain prior to issuance of Building Permits as confirmed by the most current FEMA Flood Conditions of Approval, Resolution No. PC-22-010
Haber Condominiums Time Extension; pC Hearing Date: December 5,2022

9 Insurance Rate Map (FIRM) in effect atthat time, the project design shall be revised to reduce or eliminate the raised floor foundations, as applicable. Design revisions may be referred to the Architectural Review Board for further review.

DEVELOPMENT PLAN CONDITIONS

12. Construction materials and waste such as paint, mortar, concrete slurry, fuels, etc. shall be stored, handled, and disposed of in a manner which minimizes the potential for storm water contamination. Plan Requirements and Timing: Bulk storage locations for construction materials and any measures proposed to contain the materials shall be shown on the building and grading plans submitted to the City for review prior to issuance of a Building or Grading Permit. Monitoring: CDD and Public Works shall site inspect prior to the commencement and as needed during all grading and construction activities.

13. Sixty-five percent (65%) or more of all construction and demolition debris generated shall be diverted from the landfill, as mandated by Carpinteria Municipal Code. Demolition and/or excess construction materials shall be separated onsite for reuse/recycling or proper disposal (e.g., concrete asphalt). During demolition and grading, separate bins for recycling of construction materials and brush shall be provided onsite. Plan Requirements: This requirement shall be printed on demolition plans. Applicant shall report any self-hauled materials to the City or contract with an approved waste hauler for disposal of construction and demolition debris. Timing: Materials shall be recycled as necessary throughout demolition and grading activities. All materials shall be recycled prior to occupancy clearance.

Monitoring: Public Works shall review and approve self-hauled disposal receipts from transfer stations prior to occupancy clearance.

14. To prevent construction and/or employee trash from blowing offsite, appropriate receptacles shall be provided onsite prior to commencement of grading or construction activities. Waste shall be picked up weekly or more frequently as directed by CDD staff. Plan Requirements and Timing: Prior to Building Permit issuance, applicant shall designate and provide to CDD the name and phone number of a contact person to monitor trash/waste and organize a clean-up crew.

Trash control shall occur throughout all grading and construction activities.

Monitoring: CDD shall inspect periodically throughout grading and construction activities.

15. During construction, washing of concrete trucks, paint, equipment or similar activities shall occur only in areas where polluted water and materials can be contained for subsequent removal from the site. Wash water shall not be discharged to the storm drains, street, drainage ditches, creeks or wetlands. The location of the washout area shall be clearly noted at the construction site with signs. Plan Requirements: The applicant shall designate a washout area, acceptable to CDD, and this area shall be shown on the grading and building plans. Timing: The wash off area shall be designated on all plans prior to issuance of a Grading or Building Conditions of Approval, Resolution No. PC-22-010
Haber Condominiums Time Extension; PC Hearing Date: December 5,2022

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Conditions of Approval, Resolution No. PC-22-010
Haber Condominiums Time Extension; PC Hearing Date: December 5,2022

Permit. The washout area shall be in place and maintained throughout construction Monitoring: cDD shall check plans prior to issuance of a Grading or Building Permit and staff shall site inspect throughout the construction period to ensure proper use and maintenance of the washout area.

Best available erosion and sediment control measures shall be implemented during grading and construction. Best available erosion and sediment control measures may include but are not limited to use of sediment basins, gravel bags, silt fences, geo-bags or gravel and geotextile fabric berms, erosion control blankets, coir rolls, jute net and straw bales. Storm drain inlets shall be protected from sediment-laden waters by use of inlet protection devices such as gravel bag barriers, filter fabric fences, block and gravel filters, and excavated inlet sediment traps. sediment control measures shall be maintained for the duration of the construction period. construction entrances and exits shall be stabilized using gravel beds, rumble plates, or other measures to prevent sediment from being tracked onto adjacent roadways. Any sediment or other materials tracked off site shall be removed the same day as they are tracked using dry cleaning methods. plan Requirements: An erosion and sediment control plan shall be submitted to and approued by the City prior to issuance of a Grading or Building permit. The plan shall be designed to address erosion and sediment control during all phases of development o?the site.

Timing: The plan shall be implemented prior to the commencement of construction. Monitoring: Public Works shall perform site inspections throughout construction.

Dust generated by the development activities shall be kept to a minimum with a goal of retaining dust on the site by following the dust control measures listed below. During clearing, grading, earth moving, excavation or transportation of cut or fill materials, water trucks or sprinkler systems shall be used to prevent dust from leaving the site and to create a crust after each day's activities cease. a. During construction, use water trucks or sprinkler systems to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this shall include wetting down such areas in the late morning and after work is completed for the day. Increased watering frequency shall be required whenever the winds speed exceeds l5 miles per hour. Reclaimed water should be used whenever possible. b. Minimize amount of disturbed area and reduce on site vehicle speeds to l5 miles per hour or less.
c. If importation, exportation and stockpiling of fill material is involved, soil stockpiled for more than two days shall be covered, kept moist or treated with soil binders to prevent dust generation. Trucks transporting fill materialto and from the site shall be tarped form the point of origin. d. After clearing, grading, eafth moving or excavation is completed, treat the disturbed areaby watering, or revegetating, or by spreading soil binders until the area is paved or otherwise developed so that dust generation will not occur.

Plan Requirements: Allrequirements shall be shown on the grading and building plans. Timing: Condition shall be adhered to throughout all grading and construction activities. Monitoring: CDD shall ensure measures are on plans.

Grading and Building Inspectors shall spot check and ensure compliance onsite.

APCD inspectors shall respond to nuisance complaints.

18. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering as necessary to prevent transport of dust off-site. Their duties shall include holiday and weekend periods when work may not be in progress. Plan Requirements: The name and telephone number of such persons shall be provided to the APCD and the Community Development Department. Timing: The dust monitor shall be designated prior to issuance of a Grading or Building Permit. Monitoring: CDD shall contact the designated monitor as necessary to ensure compliance with dust control measures.

19. The following Diesel Exhaust Control Measures should be implemented during construction activities :
a. Diesel construction equipment meeting the California Air Resources Board's current emission standards for off-road heavy-duty diesel engines shall be used.
b. The engine size of construction equipment shall be the minimum practical size.
c. The number of construction equipment operation simultaneously shall be minimized through efficient management practices to ensure that the smallest practical number is operating at any one time. d. Construction equipment shall be maintained in tune per the manufacturer's specifications.
e. Construction equipment operating onsite shall be equipped with two to four degree engine timing retard or pre-combustion chamber engines. f. Catalytic converters shall be installed on gasoline-powered equipment, if feasible.
g. Catalytic converters, diesel oxidation catalysts and diesel particulate filters as certified andlor verified by EPA or California shall be installed on equipment operating onsite.
h. Diesel powered equipment should be replaced by electric equipment whenever feasible.
i. State law requires that idling of heavy-duty diesel trucks during loading and unloading shall be limited to five minutes; auxiliary power units should be used whenever possible.

Plan Requirements: All requirements shall be shown on grading and building plans. Timing: Condition shall be adhered to throughout all grading and construction activities. Monitoring: CDD shall ensure measures are on plans.

Grading and Building Inspectors shall spot check and ensure compliance onsite.

Conditions of Approval, Resolution No. PC-22-0 I 0
Haber Condominiums Time Extension; PC Hearing Date: December 5,2022 PageT
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Conditions of Approval, Resolution No. PC-22-010
Haber Condominiums Time Extension; PC Hearing Date: December 5,2022

In the event archaeological remains are encountered during grading, work shall be stopped immediately or redirected until a CDD-qualified archaeologist and Native American representative are retained by the applicant to evaluate the significance of the find pursuant to Phase 2 investigations of the City Archaeological Guidelines. If remains are found to be significant, they shall be subject to a Phase 2 mitigation program consistent with city Archaeological Guidelines and funded by the applicant. Plan Requirements/Timing: This condition shall be printed on all final building and grading plans. Monitoring: cDD shallcheck in the field.

Construction activity for site preparation and for future development shall be limited to the hours between 7:00 a.m. and 5:00 p.m., Monday through Friday. No construction shall occur on weekends or State holidays (e.g. Thanksgiving, Labor Day). Construction equipment maintenance shall be limited to the same hours.

Non-noise generating construction activities such as interior painting are not subject to these restrictions. Plan Requirements: A sign stating these restrictions shall be provided to the applicant and posted onsite. Timing: Sign shall be in place prior to the beginning of and throughout all grading and construction activities.

Violations may result in suspension of permits. Monitoring: Building Inspector shall spot check and respond to complaints.

All construction equipment shall be maintained in proper operating condition and fitted with standard noise reduction features (e.g., mufflers). Timing: During all construction activities. Monitoring: CDD staff shall notify the contractor of this requirement prior to construction and spot check in the field.

This Development Plan and Coastal Development Permit does not constitute approval for the installation of new and/or repair of existing underground utilities.

All modifications to, or installations of new utilities shall be under separate permit(s) from the appropriate utility providers and the Public Works Department for any work within the public right-of-way. utility provider permission for excavation shall precede issuance of any permits for construction within the public right-of-way.

Approval of the Development Plan, CoastalDevelopment Permit and Tentative Parcel Map shall expire on December 14,2024 (i.e., six years and six months after initial approval by the Planning Commission) unless prior to the expiration date, substantial physical construction has been completed on the development. No further time extensions shall be considered.

No permits for development shall be issued except in conformance with the approved Development Plan, Coastal Development Permit and Tentative Parcel Map. The size, shape, arrangement, use and location of buildings, walkways, parking areas and landscaped areas shall be developed in conformity with the approved Development Plan marked Exhibit l, Attachment B, dated June 4, 2018. Substantial conformity shall be determined by the community Development Department Director.

26. On the date a subsequent Development Plan is approved for this site, any previously approved but unbuilt plans shall become null and void.

27. To allow time for the utility companies to locate and mark their facilities for the contractor, the applicant shall telephone Underground Service Alert (USA) toll free at 1-800-227-2600 a minimum of 48 hours prior to the start of construction. For best response, provide as much notice as possible, up to l0 working days.

28. Existing and proposed easements for all utilities shall be located and described on the engineering plans or the architectural drawings prior to issuance of building permits.

TENTATIVE PARCEL MAP CONDITIONS

29. The Tentative Parcel Map shall expire three years after approval or conditional approval by the final decision maker unless otherwise provided in the Subdivision Map Act, Government Code $66452.6.

30. Prior to recordation of the Parcel Map and subject to CDD approval as to form and content, the applicant shall include all of the project conditions required by this project approval on a separate informational sheet to be recorded with the Parcel Map.

31. Prior to recordation of the Parcel Map, the applicant shall pay applicable Quimby Fees.

32. The Parcel Map shall be subject to the Subdivision Ordinance of the City of Carpinteria and to the State Subdivision Map Act. The Map shall be prepared by a qualified California Registered Civil Engineer or Licensed Land Surveyor. Closure calculations shall be submitted along with adequate reference data and a current title report. Two copies of the map and one copy of the calculations shall be submitted for review. Within thirty (30) days after the recordation of the Parcel Map, the applicant shall deliver one set of reproducible mylar copies of the recorded map to the Community Development Department.

33. The Parcel Map shall be substantially in conformance with the Tentative Map as approved. Any substantial changes, as determined by City staff require the approval of the Planning Commission and the City Council.

34. Prior to recordation, public utility easements shall be provided at the locations and of widths required by the serving utilities. The subdivider shall submit to the City Surveyor a set of prints of the Parcel Map accompanied by a letter from each utility and water and sewer district serving the property stating that the easements shown thereon are acceptable.

35. The applicant shall pay all engineering fees and all other fees and deposits prior to approval of the Parcel Map by the City Council.

Conditions of Approval, Resolution No. PC-22-010
Haber Condominiums Time Extension; PC Hearing Date: December 5,2022

36 37.

Before recordation of the Parcel Map, Developer shall provide the city Engineer with written evidence from the Santa Barbara County Clerk's Office that Developer has executed and filed with the Clerk all ceftificates, statements and securities required by Government Code Sections 66492 and 66493.

Conditions, Covenants and Restrictions (CC&Rs) for the project shall be submitted for review to the City Attorney, community Development Department and public works Department, and approved by the city council prior to acceptance of the Parcel Map. The CC&Rs shall include provisions for the HOA maintenance of any landscaping, fencing and specialty hardscape within the city's right-of-way and shall provide for the shared maintenance responsibilities by all parcels for common area shared improvements. The cc&Rs shall also include by reference responsibilities for all parcels to maintain property in compliance with all conditions of approval for the project. Further, the city Attorney and the city council may require additional restrictions within the cc&Rs as found to be appropriate.

CITY RULES & REGULATIONS/LEGAL REQUIREMENTS

38. Before using any land or structure, or commencing any work pertaining to the erection, moving, alteration, enlarging, or rebuilding of any building, structure, or improvement, the applicant shall obtain a Building Permit. These Permits are required by ordinance and are necessary to ensure implementation of the conditions required by the Planning commission. Before any Permits will be issued by the community Development Department, the application must obtain written clearance from all departments having conditions; such clearance shall indicate that the applicant has satisfied all preconstruction conditions. A form for such clearance is available from Community Development.

39. All applicable conditions of approval and mitigation measures shall be printed in their entirety on applicable pages of construction or building plans submitted to CDD. The approved set ofplans shall be retained at the construction site for review by the Building Inspector during the course of construction.
40 Prior to issuance of a Building Permit, the applicant shall provide a signed copy of the Conditions or Approval on a form acceptable to Community Development. Such form may be obtained from the CDD office.

Prior to issuance of a Building Permit, the applicant shall pay all applicable cDD permit processing fees in full. Any outstanding plan check or inspection fees incurred during construction shall be paid in full prior to occupancy clearance.

The applicant shall pay the statutory school fees in effect at the time of issuance of Building Permits to the Carpinteria Unified School District. PIan Requirements and Timing: The applicant shall submit final square footage calculations and the required fee payment to the SchoolDistrict prior to issuance of Building Permits. 41 42.

Conditions of Approval, Resolution No. PC-22-010
Haber Condominiums Time Extension; PC Hearing Date: December 5,2022 Page l0
Monitoring: CDD shall ensure payment is made prior to issuance of a Building Permit.

43. In accordance with Chapter 15.80 of the Carpinteria Municipal Code, the applicant shall pay Development Impact Fees to the City prior to Occupancy Clearance. The amount of the fees will be determined at the time permits are issued.

44. Prior to the issuance of any Building Permits, the applicant shall post a landscape security bond of $500.00 and comply with the following requirements:
a. All landscaping and inigation plans shall be prepared by a State licensed landscape architect or similar professional as determined appropriate by CDD.
b. The landscaping shall be maintained in good condition for the life of the project. After landscaping has become established at three years and found to be in good condition, the security will be released. c. Landscaping shall be drought resistant, low water species. d. Where feasible, locally adapted native plants shall be required. e. Prior to Occupancy Clearance, all landscaping and planting shall be installed; and
f. Specimen trees shall be appropriate to the site and shall be maintained in good condition so as to attain a full and healthy mature appearance.

45. Any change ofuse in the proposed buildings or structures shall be subject to environmental analysis and appropriate review by the City including Building Code compliance.

46. The conditions of this approval supercede all conflicting notations, specifications, dimensions, and the like which may be shown on submitted plans.

47. Any and all damage or injury to public property resulting from this development, including without limitation, City streets, shall be corrected or result in being repaired and restored to its original or better condition.

48. All requirements of the City of Carpinteria (including but not limited to public improvements as defined in the City of Carpinteria Municipal Code (CMC), Section

15.16.110) and any other applicable requirements of any law or agency of the State and/or any government entity or District shall be met.

49. The standards defined within the City's adopted model Building Codes (UBC;NEC; UMC; UFC; UPC; UHC) relative to the building and occupancy shall apply to this project.

50. Any minor changes may be approved by the City Manager and/or Community Development Director. Any major changes will require the filing of a modification application to be considered by the Planning Commission.

Conditions of Approval, Resolution No. PC-22-010
Haber Condominiums Time Extension; PC Hearing Date: December 5,2022

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54 No building permits shall be issued for this project prior to meeting all required terms and conditions listed herein. When not specified herein, all conditions shall be satisfied prior to issuance of a building permit or prior to occupancy when allowed by the Community Development Director.

If; at any time, the City or Planning Commission determines that there has been, or may be, a violation of the findings or conditions of this Development plan and Coastal Development Plan, or of the Municipal Code regulations, a public hearing may be held before the Planning commission to review this permit. At said hearing, the Planning Commission may add additional conditions, or recommend enforcement actions, or revoke the permit entirely, as necessary to ensure compliance with the Municipal code, and to provide for the health, safety, and general welfare of the City. The applicant shall reimburse the City for all costs associated with gaining compliance with the original conditions of approval.

In the event that any Condition of Approval imposing a fee, exaction, dedication or other mitigation measure is challenged by Applicant/Owner/Permittee in an action filed in a court of law or threatened to be filed therein which action is brought within the time period provided by law, this approval shall be suspended pending dismissal of such action, the expiration of the limitation period applicable to such action, or final resolution of such action. If any condition of Approval is invalidated by a court of law, the entire project shall be reviewed by the City and substitute Conditions of Approval may be imposed.

The owner/applicant ("owner") hereby agrees to defend, indemnify and hold harmless the city, its officers, employees, agents, consultants and independent contractors ("city's Agents") from any claim, action or proceeding ("claims") against the city and the city's Agents to attack, review, set aside, void or annul, in whole or in part, the city's approval of the Development plan and coastal Development Permit (the "Project"), or any condition attached thereto, or any proceedings, acts or determinations taken, done or made prior to the approval that were part of the approval process. owner further agrees to indemnify and hold harmless the City and the City's Agents from any award of attorneysifees or court costs made in connection with any Claim. owner further agrees to pay any and all City costs, permits, attorneys' fees, engineering fees, license fees and taxes arising out of or concerning the Project, whether incurred prior to or subsequent to the dite of approval and that the city's costs shall be reimbursed prior to this approval becoming valid. These commitments of defense and indemnification are material conditions of the approval of the Project. Nothing contained in this condition shall prevent the City or the City's Agents from independently defending any Claim. If the city or the city's Agents decide to independently defend a claim, the city and the City's Agents shall bear their own attorneys' fees, expenses and costs of that independent defense.

Conditions of Approval, Resolution No. PC-22-010
Flaber Condominiums Time Extension; PC Hearing Date: December 5,2022

SPECIAL DISTRICT CONDITION LETTERS

55. Compliance with the attached Departmental and District letters is required as follows:
a. City of Carpinteria Public Works Department dated April 16,2018 b. Carpinteria-Summerland Fire Protection District dated September 18, 2017
c. Carpinteria Sanitary District letter dated July I 8,2017 d. Carpinteria Valley Water District letter dated October 11,2013 e. Santa Barbara County Air Pollution Control District dated July 7,2017 Written authorization to proceed and consent to conditions of approval by the legal owner of the property shall be provided to the City prior to building permit issuance.

Approved by the Planning Commission on December 5,2022

I HAVE READ AND UNDERSTOOD, AND I WILL COMPLY

WITH ALL ABOVE STATED CONDITIONS OF THIS PERMIT
ApplicantiProperty Owner Date
Conditions of Approval, Resolution No. PC-22-010
Haber Condominiums Time Extension; PC Hearing Date: December 5,2022

CITY oF CARPINTERIA
,

CALIFORNIA
Department of Public Works
Memorandum
To: Vernon McCaslin
From Debbie Talarico, Civil Engineer
Department of Public Works
Date June 5, 2018
subject Gobuty condominiums, prolect No. 17-1gg3 Dp/cDp/TpM The Department of Public Works has reviewed the project submittal, dated March 14, 2018, and has the following comments.

GENERAL ENGINEERING CONDITIONS

1. An Engineering Permit for the project will be required for the on-site grading and drainage improvements (outside of the building) and other work within the fublic right-of-way. The deposit for the Permit will be determined based on the estimated construction cost of the work being performed. A standard lndemnification form will also be required.

2. The applicant shall submit grading and drainage plans prepared by a California Registered Civil Engineer in conformance with City Standards. plans shall include but not be limited to street, utility and storm drain improvements and shall be submitted to the Department of Public Works for review and approval prior to issuance of a grading/engineering permit.

3. A plan check fee deposit shall accompany the initial Grading and/or lmprovement Plan submittal. The plan check fee deposit shall be the amount shown in the current fee schedule and based on the estimated construction cost of the project. 4- Prior to issuance of Engineering/Building Permit, an Engineering Cost Estimate shall be submitted with the Grading and lmprovement Plans. Eath page of the estimate shall be signed and stamped by the applicant's engineer.

5. Prior to issuance of Engineering/Building Permits, faithful performance, and labor and material bonds (each to be 100% of the City Engineer's Estimate for public improvements, 50% for private improvements) shall be filed with the City to cover all public improvements and any on-site grading and other improvemenis. Refer to Chapter 2.17 of the City Municipal Code for additional bonding requirements.

CITY OF CARPINTERIA
5TT5CARPINTERIAAVENIJECARPINTERIA,CA 93013-2603r(805)684-5405rFAX(805)684-5304o wrvw.caroinrerra.caus

17 -1 883 Gobuty Condominiums
Conditions of Approval
June 5,2018

6. Prior to issuance of an Engineering/Building Permit, the applicant shall submit plans and calculations as required to apply for all necessary Engineering permits.

Said permits include, but are not limited to, Street Construction, Excavation in the pu blic rig ht-of-way, G rad i n g and/or Encroach ment.

7. Development shall be undertaken in accordance with conditions and requirements of the Central Coast Regional Water Quality Control Board. Project Grading and Storm Drain lmprovement Plans shall identify and incorporate Best Management Practices (BMPs) appropriate to the uses conducted on-site and during construction to effectively mitigate storm water pollution.

8. At the time of acceptance of public improvements, the applicant shall submit a set of "Record Drawings" showing any and all changes made to the design plans during the construction period. The "Record Drawings" shall be the original construction tracings or permanent mylar copies of a quality acceptable to the City Engineer.

GRADING CONDITIONS

9. A Soils Report (2 copies) shall be submitted with lmprovement Plans and Grading/Drainage Plans for review and approval by the City Engineer. The Soils Report shall be prepared by a California Registered Geologist or Soils Engineer and submitted to the Public Works Department. The Report shall address soils engineering and compaction requirements, R-values, and other soils and geology related issues (including liquefaction) and shall contain recommendations as to foundation design, retaining wall design and paving sections, where applicable for the project.

10.At the time that lmprovement and/or Grading and Drainage Plans are submitted for review and approval by the City Engineer, hydrology/hydraulic calculations shall be submitted by the applicant's engineer determining the adequacy of the proposed drainage system and the adequacy of the existing downstream system A rain fall frequency of twenty-five (25) years shall be used for sizing piping and inlet structures. lf no overland escape is available, 1OO-year flows shall be used as the basis of design. Santa Barbara County Engineering Design Standards shall be used. Storm drainage run-off shall be conveyed to the public street in a safe and adequate manner per Santa Barbara County Standards. Easements required for drainage shall be described and shown on the lmprovement Plans.

11. Prior to performing any grading, the developer shall obtain an Engineering Grading Permit from the City Engineer, in accordance with Chapter 8.36 of the Carpinteria Municipal Code and pay the required grading permit deposits/fees.

17 -1 883 Gobuty Condomin iums
Conditions of Approval
June 5,2018
For all prolects over 1 acre in size, a separate grading permit is required to be obtained from the State Water Resources Control Board.

STORM WATER MANAGEMENT CONDITIONS

12.An Erosion and Sediment Control Plan must be prepared and submitted to obtain the necessary Grading/Engineering Permit from the City Engineer prior to any grading activity.

13. This project is subject to the requirements of the County of Santa Barbara Technical Guide for Low lmpact Development. The applicant shall submit a Storm Water Control Plan (SWCP) complying with the Technical Guide that includes the following elements: identification of potential pollutant sources that may affect the quality of the storm water discharges; the proposed design and placement of structural and non-structural PCRs to address identified pollutants; a proposed operation and Maintenance plan; a method for ensuring maintenance of all PCRs over the life of the project; and certification by a licensed civil engineer, architect, or landscape architect.

14. The Homeowner's Association shall be responsible for the ongoing execution of the Operation and Maintenance Plan for all installed stormwater features. This responsibility shall be addressed in the project CC&Rs and reference the adopted Operation and Maintenance plan.

FLOODP IN PROTECTION NDITIONS

15.The project is subject to the City's Floodplain requirements, Carpinteria Municipal code 15.50. Prior to issuance of building permits, the applicant shall be responsible for demonstrating that the prolect complies with said Ordinance.

16.The applicant shall submit an Elevation Certificate once construction is sutficiently completed to document that the Finished Floor Elevation (FFE) of the new building units meet the City's floodplain requirements.

17.Prior to issuance of Building Permits, the applicant shall demonstrate to the satisfaction of the Public works Director, that the scope of proposed improvements to the existing single-family residence to remain does not constitute a substantial improvement as defined by the County of Santa Barbara Flood Control District (FCD). Applicant shall submit the completed "Determination of s u bsta ntial/Non-s ubstantia I I m provement wo rksheet" and su pporti n g documentation (e.9., contactor's bid and current structure appraisal) foitne Director's review and approval. Plan Requirements: All proposed improvements to the existing residence consistent with FCD's Substantial lmprovement Reference document shall be accounted for in the completed worksheet and

1 7-1 883 Gobuty Condominiums
Conditions of Approval
June 5,2018
supporting documentation. Timing: Materials shall be submitted for review and approval prior to issuance of any Building Permits for construction. Monitoring:

CDD and PW staff shall be responsible for monitoring throughout construction to ensure ongoing compliance with this measure.

UTILITY CONDITIONS

18. Prior to occupancy of the project, all new and existing utility services shall be placed underground and completed prior to any paving required for the project.

No new utility poles shall be installed. All undergrounding shall extend along the project street frontage to the nearest utility pole(s) outside of the project limits.

The existing power pole on the prolect site shall be removed in its entirety at the applicant's expense. Feed points shall be as approved by the City Engineer. All costs of undergrounding existing utility lines and service laterals shall be borne by the applicant.

19. Existing and proposed easements for all utilities shall be located and described on the engineering plans or the architectural drawings prior to issuance of engineering/build ing perm its.

20. Separate electric meters shall be installed for each unit unless a 'gang' meter is approved by SCE. Electric meters shall be shown on the plans submitted for building permit to be checked by the City building permit plan checker. 21 . Show the points of connection of all utilities in the public right-of-way. All overhead utilities on-site for the project shall be placed underground and shown on the project plans.

STREET IMPROVEMENTS

22.Plans shall be submitted for frontage improvements on 7th Street prior to issuance of Engineering/Building Permits for review by the City Engineer.

Frontage improvements, include but may not be limited to, asphalt, driveway apron, curb, gutter, sidewalk and other facilities as determined by the City Engineer, are to be installed in conformance with the standards, specifications, and policies of the City at the locations shown on the lmprovement Plans. Unless othenuise specified, the City utilizes the County of Santa Barbara Engineering Standards.

23. Paving, curbs and gutters shall transition into existing public improvements as required by the City Engineer. Plans shall be submitted prior to issuance of building permits for review by the City Engineer. Construction shall be completed prior to issuance of Certificate of Occupancy.

17 - 1 883 Gobuty Condominiums
Conditions of Approval
June 5, 2018

24.APublic Works Engineering Permit shall be obtained from the Public Works Department prior to any construction within the public right-of-way.

25.All improvements in the public right-of-way shall be completed to the satisfaction of the City Engineer prior to the issuance of a Certificate of Occupancy by the Comm u nity Development Department.

26. Prior to the release of any securities, a Notice of Completion for all public improvements shall be presented to and accepted by the City Council and recorded by the County Recorder.

SOLID WASTE CONDITIONS

27.Sixty-five percent (65%) or more of all construction and demolition debris generated shall be diverted from the landfill, as mandated by Carpinteria Municipal Code. Demolition and/or excess construction materialb shall be separated onsite for reuse/recycling or proper disposal (e.g., concrete asphalt).

During demolition and grading, separate bins for recycling of construction materials and brush shall be provided onsite. plan Requirements: This requirement shall be printed on demolition plans. Applicant shall report any selfhauled materials to the City or contract with an approved waste hauler for disposal of construction and demolition debris. Timing: Materials shall be recycled as necessary throughout demolition and grading activities. All materials shall be recycled prior to occupancy clearance. Monitoring: Public Works shall review and approve self-hauled disposal receipts from transfer stations prior to occupancy clearance.

P SPECIFIC CONDITIONS

28. Curbs, fences and landscaping proposed within the City right-of-way shall be reviewed and approved by the Department of Public Works prior to issuance of an Engineering Permit.

29. No construction-related debris (mud, dust, paint, lumber, rebar, etc) shall leave the project site unless transports to an approved disposal site.

30.A haul route is required if import/export net is 30 cubic yards or greater.

End of Gomments
Ci,nPINTERIA - S JMMERLAND
FrnE PnorEcTrox DrsrRrcr FI F3
September 18,2O17
Nick Bobroff
Senior Planner
City of Carpinteria
57 7 5 Carpinteria Avenue
Carpinteria, CA 93013
shP 7 1 2tl'l/
RE: Project: 17-'t883-DP/CDPffMP/ New2 Unit Res, remodel SFD APN 003-301-020 I 4716 Seventh St.

Dear Nick Bobroff:

The following items are necessary for fire protection:

1. Fire Protection District Project Notes shallbe revised indicating applicable codes to be currently adopted year (2O16 edition). Revise Note 3 to read Carpinteria-Summerland Fire Protection District.

2. All new buildings/ structures shall be protected by an approved automatic fire sprinkler system. A NFPA 13D System shall be provided to each unit independently. Prior to installation, plans for the proposed fire sprinkler systems shall be designed by a quaiified person and submitted to the prevention bureau for approval.

3. The Fire District highly recommends the installation of an automatic fire sprinkler system for the remodeled single family dwelling.

4. Smoke detectors and Carbon monoxide alarms must be installed in all residences in accordance with the National Electric Code per the provisions of the 2016 California Building and Fire Codes. Plans shall indicate the proposed location of each.

5. Application for address changes/ additions for the buildings shall be submitted to the Fire Prevention Bureau.
"PrideinSeraice" Page 112
1140 Eugenia Place, Suite A o Carpinteria, Calif,ornia 93013 o (805) 684-4591 Fax (805) 684-8242

6. Address numbers must be posted at the driveway and on the buildings such that they are visible from the street. Numbers shall be a minimum 4 inches high on a contrasting background.

Roof access must meet the requirements stated in the carpinteria MunicipalCode.

8. Access, when access ways are gated, a Fire District approved key box/ switch shall be installed in an accessible location. Prior to installation, the Fire District shallapprove the location and type.

9. Public fire hydrants supplying the required fire flow within the required driving distance from the structures shall be provided. submitted plans must indicate the location of the fire hydrant nearest to the project address.
'10. Per carpinteria-summerland Fire District ordinance No. 2003-01 pertaining to fees and service charges, a permit application fee is assessed on all plans reviews.

11. Pursuant to c.s.F.P.D. ordinance No. 92-02 and carpinteria city ordinance No. 599, priorto issuance of a "certificate of occupancy'', the Carpinteria-Summerland Fire Protection District mitigation fee muJt be paid.

12.Any future changes, including fufther division, intensification of use, or increase in hazard classification, may require additional conditions in order to comply with applicable fire district development standards. lf you need additional information on Fire District conditions, ptease contact me at 566-2451.

Sincerely,
Ed Foster
Fire Marshal
Fire Prevention Bureau
7

5300 Sixth Street
Carpinteria, CA 9301 3

CARPINTERIA
Sanitary District
Phone (805) 684-7214, Fax (805) 684'7213
July 1 8,2017
Nick Bobroff
Community Development Department
City of Carpinteria
577 5 Carpinteria Avenue
Carpinteria, California 93013
Subject: Project No. {7-1883/DP/CDPTTPM
4716 Seventh Street (APN: 003-301-020)
Applicant: Bob Gobuty
Agent: Vernon Mccaslin
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Dear Mr. Bobroff:

Thank you for the opportunity to provide comments on the subject project. The applicant proposes to remodel an existing single family residence, construct a new detached carport, construct two new attached two-story residential units and subdivide the propefty for condominium purposes.

The Carpinteria Sanitary District (District) recommends that the following conditions be incorporated into the review/approval process to address sewer system improvements:

1. All sewer improvements shall conform to approved District construction standards for materials and methods.

2. A sewer construction permit is required for any and allwork on the building sewer and lateral sewer that will serve the residence. The permit shall be procured and applicable fees paid prior to issuance of Building Permits. The applicant shall submit an engineered drawing to the District showing any proposed sewer connections, alterations or additions. During the construction phase, it is the applicant's and contractor's responsibility to notify the District of any sewer improvements or modifications not noted on the approved plans.

3. The submitted plans show a private, shared sewer lateral that will serve the two new residential units. lf the Home Owners Association (HOA) is legally responsible to maintain the private sewer lateral, a single lateral serving both new residential units will be allowed. lf the property owner of each new unit is responsible for their sewer lateral, separate sewer laterals for each unit must be I i.t\,.'llii )f.,\.rl "r1;\1 i 1.,\i)l ll,,llil,ii.l ( ,\lil,l.l i lil;\ ,,li,.t{ I 1,i..,!i . www.carpsan.com
constructed. lf the HOA is responsible for maintaining the shared sewer lateral in the development, the HOA must provide a letter of reiponsibility to the District. 4' The sewer lateral serving the existing residence shall be evaluated, and if necessary, brought into compliance with approved District construction standards for materials and methods,
5' During construction, all installed sewer pipes and fittings shall be inspected by the District prior to placing trench backfill. Failure t,o request or obtain an inspection will require complete re-excavation and reconstruction of the work. All sewer improvements shall be pressure tested in accordance with District standard procedures prior to final acceptance.

6. A Development lmpact Fee (DlF) shall be paid to the District for each newly constructed "equivalent dwelling unit" (EDU). Currently, the DIF is $4,600 per EDU; subsequent increases in DIF's are subject to Distiict Board approvals. DIF credit will be given for the existing EDU. For the proposed project, a DIF of $ 9200 shall be paid to the District prior to issuance of required permits.

7. District sewer service charges (SSC's) are collected through the County of Santa Barbara property tax rolls on an annual basis. Prior to obtaining a Certificate of OccupancY, lhe applicant shall pay District applicable SSC's drie for the period between building occupancy and the following June 30th. The current annual SSC is $625.31 per year.
lf you have ary qu9^sliors regarding the comments provided by the District, please contact me at (805) 684-7214, ext. 13.

Sincerely,

CARPINTERIA SANITARY
Lance Lawhon
Engineering Technician
Bob Gobuty
Vernon McCaslin
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Carpinteria Valley Water District
1301 Santa Ynez Avenue . Carpinteria, CA 93013
Phone (805) 684-2816 . Fax (805) 684-3170

BOARD OF DIRECTORS
Matthew Rob€ns
President
Alonzo Orozca
Vice Prcsident
Richard Forde
Polly Holcombe
June Van Wingerden

GENEML MANAGER
Charles B. Hamilton
October ll,2013
Mr. Nick Bobroff, Assistant Planner
Community Development Department
City of Carpinteria
57 7 5 Carpinteria Avenue
Carpintcria, CA. 93013
SUBJf,CT: APN 003-301-020,4716 SEVENTH STREET, GOBUTY CONDO. PROJECT Dear Mr. Bobroff,
Please be advised, this parcel is within the Carpintcria Valley Water District and therefore is entitled to District water service in accordance with this District's RLrles and Regulations.

At this time we find no system limitations that would prevent service to the proposed construction of three condominiurns on the subject property. The District intends to continue service to this properfy.

I'he property is currently being served by three 3/q incll water meters. However, two of the lo inch meters are served by one service line. Individual service lines to each meter shall be installed by the District at the cost of the applicant (see attached Fee Estimate), prior to approval of building pennits.

Additionally the preliminary utilities site plan shows a Fire Service conneotiorr. T'lre owner will be responsible to pay the Capital Cost Recovery Fees and Installation deposit for this service line prior to approval of building pennits. And supply the Carpinteria Valley Water District with a set of calculation frorn a register fire sprinkler engineer for the sizing of the Fire Service [,ine. The fees for the fire service line are based on the size calculated for the project(see attached Fee Estimate).

Ifyou should have any questions concerning these conditions or fees, please do not hesitate to call me at 684-2816.

Very truly yours,

CARPINTERIA VALLEY WATER DIST'RICT
Brian King PE
Assoicate Engineer
C: File ,"0/
Richard and Bob Gobuty P. O. Box 6361 'Ihousand Oaks CA. 91359

CARPINTERIA VALLEY WATER DISTRICT

FEE ESTIMATE FOR NEW SERVICES
Remove Tee branch and install individual service lines for each meter and fees for Fire Service Line
Owner Richard and Bob Gobuty
Project Name
Description:

Date of Fee estimate
Estimate valid through:

Gost
parce s
c ItalCost
Fees
Fees
** r CWD Rules and
Gobuty Condos Project
4716 Seventh Street
05t22t2018
06/30/2018
Meters
RFSUBTOTAL =
Fire Seruice Line
1 CCRF SUBTOTAL =
m
7 lnstallation
remove tee ranch new se
Fire servie line 2"-4"
and c
$19,000.00 $19,000.00
DEPOSITS SUBTOTAL = $3 000.00
TOTAL FOR CCRF & DEPOSTTS = $37,778.00
rtion atv Unit Fee Fee
$0.00
$0.00
$0.00
ee
$0.00
rfion atv Unit Fee Fee
U:\CVWD Estimates\4716 Sevenlh Street updated OS222O1g
At the time the meter is installed the account will be opened. * Size estimated based on similar projects. A set of calculations from a Fire Sprinkler Engineer will be required as to the size required for subject project.
initial
initial
Brian King , Associate Engineer
Carpinteria Valley Water District
Siganture
Owner
Note: District Rule #4 "Credit of Applicant" Establishment of Credit No later than 7 working days after the commencement of service, each applicant must establish credit with the District by one of the following methods:
(1) lf the applicant provides sufficient evidence of creditworthiness established on another Carpinteria Valley Water District service account, as determined solely by the Manager or his designee, credit will be deemed established.
(2) By a cash deposit with the District in the amount required by Rule Number 6. (3) By receipt of a lefter or e-mail from another public water agency with the following information confirming the customer's good credit account history for a current account with that agency:
i. Date account was open.
ii. Statement that there have been no shut offs for non-payment or door tags in the last 2 years.

A current account includes an account closed at the request of the customer within 60 days of the date of the new service request. The District must receive a customer's letter of credit prior to the service start date.

District Rule #6a Deposit Amount. The amount of cash deposit to establish credit, as reuired by Rule Number 4 for all classes of service, shall be a sum equal to twice the estimated average bill for the type of service rendered.

U:\CVWD E$timates\4716 Seventh Street updated 05222018
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Santa Barbara County Alr Pollution Control Dlstrict
July7,2O17
Nick Bobroff
City of Carpinteria
Community Development Department
5775 Carpinteria Avenue
Carpinteria, CA 93013
\
, O*..Vtslon l& Clean Alr

RECE,VED
JUL t a 20I
arrroFeARpnuIEFrA
Re APCD suggested conditions on 471G seventh street, t7-tggg-DplcDp/TpM Dear Mr. Bobroff:

The Air Pollution Control District (APCD) has reviewed the referenced project, which consists of remodeling an existing single-family residence, constructing a new detached carport, constructing two new attached two-story residential units and subdividing the property into three residential condominium units. The existing single-family residence would be reduced to 1,165 sguare feet (sq ft) and a new detached 324 sq ft two-car carport would be provided for it. New Unit "A" would be 1,635 sq ft and have an attached 375 sq ft two-car garage. New Unit "8" would be 1",6L7 sq ft and have an attached 370 sq ft two-car garage. Total building square footage would be comprise d of 4,4rgsq ft of living area and l',069 sq ft of covered parking area. Grading is estimated to be 740 cubic yards (cy) cut and 985 cy fill with 245 cy import. The subject property, a 0.25-acre parcel zoned planned Residential Development (PRD-15) and identified in the Assessor Parcel Map Book as ApN 003-301-020, is located at 4716 Seventh Street in the City of Carpinteria.

Air Pollution control District staff offers the following suggested conditions:

L. standard dust mitigations (Attachment A) are recommended for all construction and/or grading activities. The name and telephone number of an on-site contact person must be provided to the APCD prior to grading/building permit issuance.

The State of Californla considers particulate matter emitted by diesel engines carcinogenic.

Therefore, during project grading, construction, and hauling, construction contracts must specify that contractors shall adhere to the requirements listed in Attachment B to reduce emissions of particulate matter (as well as of ozone precursors) from diesel equipment, Recommended measures should be implemented to the maximum extent feasible. 3 All portable diesel-fired construction engines rated at 50 bhp or greater must have either statewide Portable Equipment Registration Program (PERP) certificates or ApCD permits prior to grading/building permit issuance. Construction engines with pERp certificates rr" """rpi frot APCD permit, provided they will be on-site for less than 12 months.

4. Advisory: The applicant should determine whether any structure(s) proposed for demolition or renovation contains asbestos that is friable or has the potentialto become friable during demolition or disposal' lf any structure does contain friable asbestos, the asbestos should be removed by a contractor that is state certified for asbestos removal. For more information on asbestos in construction, please see www,ourair.orglasbestos/. "'
Aeron Arlin Genet Air pollution Control
260 North san Antonio Road, suite A , santa Barbara, cA 93110 OurAir.org twitter.com/OurAirSBC
Officer
805.951.8800
;
APC> Suggested Conditlons on 77-1,o3-DP/CDP/TPM, 4716 Seventh Street luly 7, 2017

5. Natural gas-fired fan-type central furnaces with a rated heat input capacity of less than 175,000 Btu/hr and water heaters rated below 75,000 Btu/hr must comply with the emission limits and certification requirements of APCD Rule 352. Please see www.ouralr.orslwo' content/u ploads/rule352.odf fo r mo re informatio n.

6. Small boilers and water heating units (rated between 75,000 and 2.0 million Btu/hr) must comply with the emission limits and certification requirements of APCD Rule 360. Combinations of units totaling 2.0 million Btu/hr or greater are required to obtain a District permit prior to building permit issuance. Please see www.ouralr.orglwp-content/uploads/rule360.pdf for more information and a list of certified boilers (note: any units fired on fuel(s) other than natural gas must be certified by the APCD on a case-by-case basis, even if the unit is certified when fired on natural gas).

7. At a minimum, prior to occupancy, any feasible greenhouse gas reduction measures from the following sector-based list should be applied to the project:
o Energy use (energy efficiency, low carbon fuels, renewable energy) o Water conservation (improved practices and equipment, landscaping) r Waste reduction (material re-use/recycling, composting, waste diversion/minimization) e Architecturalfeatures (green building practices, cool roofs)

8. Asphalt paving activities shall comply with APCD Rule 329, Cutbock and Emulsified Asphalt Poving Moterials.
lf you or the project applicant have any questions regarding these comments, please feel free to contact me at (805) 961-8893 or via email at NlshtlnraleK@sbcapcd,orr, Sincerely,
1cutr
Krista Nightingale,
Air Quality Specialist
Technology and Environmental Assessment Division
Attachments: Fugitive Dust Control Measures
Diesel Particulate and NO,Emission Measures
cc: Vernon McCaslin
TEA Chron File
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Santa Barbara County
Alr Pollutlon Control Dlstrlct

ATTACHMENTA
Fucrrvr Dusr CoNTRor MEASURES
These measures are required for all projects involving earthmoving activities regardless of the project size or duration. Proper implementation of these measures is assumed to fully mitigate fugitive dust emissions.

During construction, use water trucks or sprinkler systems to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this should include wetting down such areas in the late morning and after work is completed for the day. lncreased watering frequency should be required whenever the wind speed exceeds 15 mph. Reclaimed water should be used whenever possible. However, reclaimed water should not be used in or around crops for human consumption.
a
lt
Minimize amount of disturbed area and reduce on site vehicle speeds to 15 miles per hour or less. lf importation, exportation and stockpiling of fill material is involved, soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation.

Trucks transporting fill material to and from the site shall be tarped from the point of origin.

Gravel pads shall be installed at all access points to prevent tracking of mud onto public roads.

After clearing, grading, earth moving or excavation is completed, treat the disturbed area by watering, gl revegetating, or by spreading soil binders until the area is paved or otherwise developed so that dust generation will not occur.

The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust offsite. Their duties shall include holiday and weekend periods when work may not be in progress. The name and telephone number of such persons shall be provided to the Air Pollution Control District prior to grading/building permit issuance and/or map clearance.

Plan Requirements: All requirements shall be shown on grading and building plans and/or as a separate information sheet listing the conditions of approvalto be recorded with the map. Timing:

Requirements shall be shown on plans prior to grading/building permit issuance and/or recorded with the map during map recordation. Conditions shall be adhered to throughout allgrading and construction periods.

MONITORING: Lead Agency shall ensure measures are on project plans andlor recorded with maps. Lead Agency staff shall ensure compliance onsite. APCD inspectors will respond to nuisance complaints.
a
a
a
o
/
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Santa Barbara CountY
Alr Pollutlon Control Dlstrlct
Anncnrvlrrur B

DIESEL PARTICULATE AND NO' EMISSION REDUCTION MEASURES
Particulate emissions from diesel exhaust are classified as carcinogenic by the state of California, The following is a list of regulatory requirements and control strategies that should be implemented to the maximum extent feasible.

The following measures are required by state law:
r All portable diesel-powered construction equipment shall be registered with the state's portable equipment registration program OR shallobtain an APCD permit.
r Fleet owners of mobile construction equipment are subject to the California Air Resource Board (CARB) Regulation for tn-Use Off-Road Diesel Vehicles {Title L3, California Code of Regulations (CCR), 52449), the purpose of which is to reduce oxides of nitrogen (NOx), diesel particulate matter (DPM), and other criteria pollutant emissions from in-use off-road dieseFfueled vehicles. Off-road heavy-duty trucks shall comply with the State Off-Road Regulation. For more information, see www.arb.Sa.eov/msoros/ordiesel/orlliesel.htm. o Fleet owners of mobile construction equipment are subject to the CARB Regulation for ln-Use (On-Road) HeavyDuty Diesel-Fueled Vehicles {Title 13, CCR, 52025}, the purpose of which is to reduce DPM, NOx and other criteria pollutants from in-use (on-road) diesel-fueled vehicles. On-road heavy-duty trucks shall comply with the State OnRoad Regulation. For more information, see www.arb.ca.sov/msoros/onrdiesel/onrdiesel.htm. r All commercial off-road and on-road diesel vehicles are subject, respectively, to Title 13, CCR, S2aa9(dX3) and 52485, limiting engine idling time. ldling of heavy-duty diesel construction equipment and trucks during loading and unloading shall be limited to five minutes; electric auxiliary power units should be used whenever possible.

The following measures are recommended:
o Diesel equipment meeting the CARB Tier 3 or higher emission standards for off-road heavy-duty diesel engines should be used to the maximum extent feasible.
o On-road heavy-duty equipment with model year 2010 engines or newer should be used to the maximum extent feasible.
o Diesel powered equipment should be replaced by electric equipment whenever feasible. . Equipmentlvehicles using alternative fuels, such as compressed natural gas (CNG), liquefied natural gas (LNG), propane or biodiesel, should be used on-site where feasible. o Catalytic converters shall be installed on gasoline-powered equipment, if feasible. o All construction equipment shall be maintained in tune per the manufacturer's specifications. o The engine size of construction equipment shall be the minimum practical size. o The number of construction equipment operating simultaneously shall be minimized through efficient management practices to ensure that the smallest practical number is operating at any one time. r Construction worker trips should be minimized by requiring carpooling and by providing for lunch onsite, Plan Requirements: All requirements shall be shown on grading and building plans and/or as a separate information sheet listing the conditions of approval to be recorded with the map. Timing: Requirements shall be shown on plans prior to grading/building permit issuance and/or recorded with the map during map recordation. Conditions shall be adhered to throughout all grading and construction periods.

MONITORING: Lead Agency shall ensure measures are on project plans and/or recorded with maps. Lead Agency staff shall ensure compliance onsite. APCD inspectors will respond to nuisance complaints, Attachment B
Parcel Map No.25,1BT Exhibit
Haber Condominiums
Final Map Clearance - Parcel Map No. 25,187
November 27 , 2023 City Council Hearing
Oh?,TER9 STAIEUENT PARCEL MAP NO. 25,187

FOR CONDOMIN/UM PURPOSES
,URWYffis STAEUENT
rH6 MAP WA, PRqPARED 8Y ME OR UNDER MY DIR'CNON ANO /5 BAS.D

UPON A FIELD SURVEY IN CONFORMANCE WTH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORD|NANC| AT THE REQUEST OF MICHAEL HABER AND SCOTT ADELSON IN FEBRUARY 2021, / HEREBY STATE THAT rHlS PARCEL MAP SUBSTANT|ALLY CONFORMS TO THE APPROWD OR COND|TIONALLY APPROWD TENTAT|W MAP, lF ANY. I ALSO HEREBY STATE

THAT ALL MONUMENTS SHOWV ARE OF THE CHARACTER AND OCCUPY THE POSINONS lNDICATED AND THAT THEY ARE SUFFIC\ENT TO ENABLE TH|S SURWY TO BE RETRACED.

WE HEREEY STATE THAT WF ARE THE OWNERS OT OR HAVE AN INT.REST IN THE LAND INCLUDED W\HIN fHE SUBDIV|SION SHOlllV ON THE ANNEXED I'IAP, AND THA| WE ARE THE ONLY PERSONS WHOSE CONSENT 6 NECESSARY TO PASS CL.AR TITLE rO SAID LAND, / CONSENT TO THE PREPARANON AND RECORDATION OF SAIO MAP AND SUBDIWSION SHOWN WITHIN THE DlSNNCTIW EORD'R LINES OF THIS MAP.

FEBRUARY 2O2I
WW SURVEYING, /NC.
/727 SrArE STREET /28
SANTA BARBARA, CAL.FORN|A 93707
PHONE (805) 681-1615
SURF COTTAGES, LLC A CAL|FORNIA LlMITED LlAEIUTY COMPANY

MICHAEL HABER
OWVER
DA TE JAM|S G. WENZEL ii
L.S. 9209
DATf

CONDOMINIUM NOTE
THIS SUBD|WS|ON IS APPROWD AS A CONDOMINIUM PROJECT FOR THRE| (J) UMTS, WHER.BY THE OWNERS OF THE UNITS OF AlR SPACE WLL HOLD AN UNDIWD.D lNTERFST IN THE COMMON AR.AS THAT WLL, IN TURN, PROV|DE THE NFCESSARY ACCESS AND UNUTY EASEMENT FOR THE UNITS. CITY SURWYOR,S STA TEUENT ACKNO'}LEDCMENT I HEREBY STATE THAT I HAW EXAMIN'D TH|S MAP, THAT THE

SUBDIWSION AS SHOWN IS SUBSTANNALLY THE SAMT AS IT APPEARED ON rHE ENTANW MAP, lF REQUIRED, AND ANY APPROWD ALTERANONS .IH.R|OF, THAT ALL PROVISIONS OF CHAPT.R 2 OF THI SUBD|VISION MAP ACT AND ANY LOCAL ORDINANCES APPLICABLI AT THE flME OF
APPROVAL OF THE T.NTAT|VE MAP, IF RESUIRFD, HAW EEEN COMPu'D WTH AND IHAT I AM SANSFIED THAT THE MAP 15 TECHNICALLY CORRICT.

NOTE
A NOTARY PUBLIC OR OTHER OFF|CER COMPLFTING THIS CERNFICATE

WRIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WEH THE CERflF|CATE 6 ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY OR VAUUTY OF THE DOCUMENT.

TH|S MAP lS SUBJECT TO CERTAIN CONDITIONS AND INFORMAT|ON INCLUDED IN A ''NONCE'' AND RECORD'D CONCURRENTLY AS INSTRUMENT NUMBER OF OFFICIAL RECORDS IN THE OFNCI OF THE SANTA EARBARA COUNTY RECORDER. srArE oF cALtFoRNtA )

COUNTY OF SANTA BARBARA )
CHRISTOPHER G, VANDREY PLS 878J
ClTY SURIEYOR
dTY OF CARP|NTERIA
DATE

ON BEFORE ME A NOTARY PUBLIC,
ACKNOhLEDGMENT

PERSONALLY APPEARED
tutlo pRovED ro ME oN rHE BASTS OF SA1SFACTORY EWDENCE rO BE rHE PERSON(S)

WHOSE NAME(S) IS//ARE SUBSCRIBED TO THE MTHIN INSTRUMENT, AND ACKNOWLEDGED TO

ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AIJTHORIZED cApActry(tEs), AND rHAr By Hts/HER/rHEtR S|CNATURE(S) ON THE LNSTRUMENT, rHE PERSON(S) OR THE ENflTY UPON BFHALF OF WHICH THE PERSON(S) ACTED, FXECUTED

THE INSTRUMENT

I CERTLFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA rHAT THE FOREGOING PARAGRAPH lS TRUF AND CORRECT
WTNESS MY HAND AND OFFICIAL SEAL..

A NOTARY PUBLIC OR OTHER OFFICER COMPLENNG THIS CERNF|CATE VERIF|ES ONLY THE IDENTITY OF THE INDIWDUAL WHO SIoNED THE DOCUMENT TO WHICH THE CFRflF|CATE 6 A|TACHED, AND NOT THE TRUTHFULNESS, ACCURACY OR VAUilTY OF THE DOCUMENT RECORDERS STATEIIENT:

STATE OF CALIFORNIA )

COUNTY OF SANTA BARBARA )

ON , BEFORE ME,
FTLED rHlS _ DAY OF 2023 Ar

A NOTARY PUBLIC,

IN EOOK
-

OF PARCEL MAPS AT PAGES-TO RECORDS
OF SANTA EARBARA COUNTY AT THE REQUIST OF DENNIS M. DODSON, L.S. 72J4.

FEE:

PTRSONALLY APPEARED

SIGNATURE
MY COMMISSION EXPIRES:
coMMtsstoN No.

PRINTED NAME
I//I1O PROVED TO ME ON THE BASIS OF SANSFACTORY EWDENCE TO BE THE PERSON(S)

WHOSE NAMF(S) IS//ARE SUBSCRIBED TO HE WTHIN INSTRUMENT, AND ACKNOMEDGED TO ME THAT HE/SHE/THEY EXFCUTED THE SAME IN HIS/HER/|HEIR AUTHORIZED cApActry(Es), AND rHAr By H|9/HER/THE\R SIGNATURE(S) ON rHE |NSTRUMENT, rHE PERSON(S) OR THE ENTITY UPON BFHALF OF W]ICH THE PFRSON(S) ACTED, EXECUTED THE INSTRUMENT.
/ CERTIFY UNDER PENAL|Y OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH 6 TRUE AND CORRECT
WTNESS MY HAND AND OFFICIAL SEAL:

JOSEPH E. HOLLAND
COUN TY CLERK_ RECORDER- ASSESSOR
BT
DEPUTY
PRINC|PAL OFFICE LOCATION

CITY CLERKS STAEUENN

SIGNATURE
MY COMMISSION EXPIRES.'
coMMtsstoN No.

PRINTED NAME I HERBY STATE THAT THF ClTY COUNCIL OF dTY OF CARPINTERIA, BY MlNUTE ACflON ON DAY OF 2O2J APPROWD TH6 MAP.

PRLNCIPAL OFNCE LOCAflON
CLERK OF \HE AOARD STATEMENT: CITY CLERK _ C/TY OF CARPINTER|A DA TE

I, JACQUELYNE ALEXANDER, CLERK OF THE BOARD OF SUPERWSORS OF SANTA

BARBARA COUNTY DO HEREBY STATE THAT PURSUANT TO GOWRNMENT CODE s|ctoN 66464 (STATE SUBDTWSTON MAP ACu, rHAr rHE CERrlFrcArES AND DEPOSITS REQUIRED UNDER GOWRNMENT CODE SECNONS 66492 AND 6649J (srArE suBDtwstoN MAP Acr) oN rHE PRoPERTY W|H\N TH|S SUBDTWSTON HAVE BEEN FILED AND MADE.

COUHUNITY DEWLOPUENT DIRECTOR'S STATETIENT

I HEREBY STATE THAT I HAW EXAMINED THIS PARCEL MAP AND HAW DETERM|NED THAT IT SUBSTANNALLY CONFORMS TO THE TENTANW MAP AS APPROV1D BY THE PLANN|NG COMMISSION OF THE CITY OF CARP|NTERIA ON AND TO THF CONUflONS AS IMPOSED
BY THEREON.

CHRISIOPHTR G VAIIDREY
No. 8783

JACOUFLYNE ALEXANDER

CLERK OF THE BOARD

OF SUPERWSORS OF
SANTA BARBARA COUNTY DATE..

DEPUTY

STEVE GOGGIA
COI'IMUM rY DEIELOPMEN r DIREC rOR
DA TE
SH.ETIOF2SHEETS SOJ2JO

PROJECT SITE
i r.lt

PARCEL ''B''
113 RS 65

PARCEL ''A''
1t3 RS 65
t
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s 4500'00" E
s 4432'J0" E

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/NSTRUMENT / 2005-0067261 O.R.

PARCEL MAP BOOK 44 PAGE 20
RECORD OF SURVEY BOOK 113 PAG. 65
RACK 2 MAP 4 ClTY OF CARP\NTERIA
RECORD OF SURVEY BOOK 118 PAGE 85
CORNER RECORD 4081 COUNTY OF SANTA BARBARA
@ FOUND SP.KE & WASHER MARKED
''PLS 6392,, PER R_6
a FaUND t/2" tRoN plpE yt4TH TAG TLLEGIBLE AccEprED pER R-2 o F)UND //2" |RON ptpE wTH rAG MARKED "LS 3804" pER R_3 O SET LEAD & TAG MARKED ''LS 7234"
o sEr 1/2 /.p. wTH TAG MARKED "LS 7234"
O NO MONUMENT FOUND OR SEf UNLESS STATED OTHERWSE
M OR MEAS. MEASURED

CFR CALCULATED FROM RECORD
F,T.C. FROM TRUE CORN'R
s 4432'30" t 90.01 R-2 90.00'MEAS.

BASIS OF BEARINGS
s 4432'30" E
s 4529'56" W

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SEVENTH
b' STREET
THE BASIS OF BEAR\NGS FOR TH/S MAP ARE TWO
FOUND t"
tnOU p/pfs wTH /LLEG/BLE TAGS ACCE7TED
PER PARCEL MAP BOOK 44 PAGF 20
\ S 4432,30'' E 90,01' RECORD 9O.OO' MEASURED
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40' R-2 40'R-2
80' PARCEL MAP NO. 25,187

FOR CONDOMIN/UM PURPOSES
LOT 7 BLOCK 46 OF TH€ TOI1IV OF CARPINTERIA, COIJNTY OF SAN\A BARAARA, 5!4tE OF CALTFORNIA, RECORDID tN RACK 2 MAp NO. 4 tN THE OiF\CE OF rHt

COUNTY RECORDER TOGETHER WTH THE SOUTHEASTERLY HALF OF ASH STREET (Now AEAND)NED) LY|NG N1RTHI4ESTERLY AND ADJACENT To N7RTHuE,TERLY LlNE OF SAID LOT 7 BLOCK 48 OF rHE .OWIV OF CARPINTERIA WW SURVEY/NG, /NC.
1727 STATE STREET /28
SANTA BARBARA, CAL/FORNIA 9J/Ol
PHONE (505) 6S/-/6/5
LOr I
10,997 SQ. FT. GROSS
10,997 SQ. FT. NET
FEBRUARY 2021 s03230 SHEET2OF2SHEET
Attachment C
Project Covenants, Conditions and Restrictions
(cc&Rs)
Haber Condominiums
Final Map Clearance - Parcel Map No. 25,187
November 27 , 2023 City Council Hearing
Recording Requested By:

When Recorded Return To:

Shereef Moharram, Esq.

PRICE, POSTEL & PARMA LLP
200 East Carrillo Street, Suite 400
Santa Barbara, California 93101
(80s) e62-0011
2023.11.07

SPACE ABOVE THIS LINE FOR RECORDER'S USE

DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
OF

SURF COTAGES HOMEOWNERS' ASSOCIATION

IF THIS DOCUMENT CONTAINS ANY RESTRICTION BASED ON RACE,

COLOR, RELIGION, SEX, GENDER, GENDER IDENTITY, GENDER

EXPRESSIONO SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL srATUS, DISABILITY, NATIONAL ORIGIN, SOURCE OF INCOME AS

DEFINED IN SUBDIVISION (P) OF GOVERNMENT CODE SECTION
12955, OR ANCESTRY, THAT RESTRICTION VIOLATES STATE AND

FEDA,RAL HOUSING LAWS AND IS VOID, AND MAY BE REMOVED
PURSUANT TO SECTION 12956.2 OF THE GOVERNMENT CODE.

LAWFUL RESTRICTIONS UNDER STATE AND FEDERAL LAW ON THE

AGE OF OCCUPANTS IN SENIOR HOUSING AND HOUSING FOR

OLDER PERSONS SHALL NOT BE CONSTRUED AS RESTRICTIONS
BASED ON FAMILIAL STATUS.

THE ASSOCIATION, THE BOARD, ALL OWNERS, AND DECLARANT

SHALL BE BOUND BY THE DISPUTE RESOLUTION PROCEDURES,

INCLUDING THE WAIVER OF RIGHT TO JURY TRIAL, BINDING

ARBITRATION AND JUDICIAL REFERENCE PROVISIONS DESCRIBED

IN ARTICLE X HEREINO WHICH MAY IMPACT THE LEGAL RIGHTS
OF SUCH PARTIES.

1.01 L02

1.03 1.04

1.05 1.06
1'07

1.08 1.09
l.l0

1.11 t.t2
l.l3

1.14 l.l5

1.16 1.17
l.t8

1.19 1.20
|.21

1.22 1.23
ARTICLES. .2
.2
Boeno op DIRECTORS oR BOARD.

COMMON AREA .....2
COMMON FACILITIES.......,... ')

CONDOMINIUM
.......2
ASSoCIATION
Connounruu PLAN. ............
2 2
DEcLARANT 2
DECLARATION 2
J
J
-t
DELTVERY oF DOCUMENTS To MEMBERs; AssocnIoN................

DEVELoPMENT
DIRECTOR.

EXCLUSIVE USE CoMMoN AREA. ...

MANAGEMENT DOCUMENTS.

MEMBER,..

MoRTGAGE; FIRST MORTGAGE.

Monrcacee; FrRST MoRTGAGEE..........

RESIDENTIAL UNIT oR UNIT..............

VOTING PowER oF THE ASSOCIATION

ARTICLE II DESCRIPTION OF LAND AND IMPROVEMENTS
PARTITION.

UTTLTTIES. ..........

MARKETING oF CONDoMINIUMS
LICENSE.
..3
...........3
...........3
.J
.J
.4
.4
.4 2.02 .4 FLooRAREA.......................

3.01 3.02

3.03 3.04

MANAGEMENT AND OPERATIONS
CONSENT To BECOMING MEMBER oF Assocn]Tou
PowERS oF THE ASSOCIATION
VESTING oF VOTING PowER.
5 6
EASEMENToF ENJOYMENT ..............6
..............6 DELEGATIoN oF USE. .,...
5 5
5 5
ARTICLE IV PRoPERTY RIGHTS oF MEMBERS; EASEMENTS; pARTITION.........................................s

4.01 4.02

4.03 4.04

4.05 4.06

4.07 4.08

4.09 4.10

4.tl

4.12 4.13

4.14 4.15

4.16 4.17
Excl.usIvp OWNERSHIP AND POSSESSION BY MEMBER; INCIDENTS oF OWNERSHIP. ....

CONVEYANCE Cenrugs ENTIRE INTEREST oF MEMBER.

EASEMENTS FoR BENEFIT oF ASSOCIATIoN AND DECLARANT; GRANTS oF EASEMEN.TS GRANT oF EXCLUSIVE USE OVER CoMMoN AREA.

PROHIBITIoN AGAINST Sgvenesll-ITy oF COMPONENT INTERESTS IN CONDOMINIUM...,.

DRATNAGE Svsrnrv; MATNTENANCE. ....................

EASEMENTS RESERVED AND GRANTED
.8
.8
.........9
ExcLUStvE UsE CoMMoN AREAS........... ............9
.....10
..... I 0
CONDITIoNS oF APPRoVAL l0
ARTTCLE V USES OF THE pROpERTy .....................11

5.01 RESTDENTTAL Usp; OslrcerroN To REBUILD.

5.02 RESTRICTION oN USE.

5.03 LEASES....

ARTICLE VI ASSESSMENTS AND LIENS..........

GENERAL ASSESSMENTS

SPECIAL ASSESSMENTS
COMMON AREA; CoMMoN FACILITIES
DAMAGE TO COMMON AREA oR COMMON FACILITY....

EXTERIOR REPAIR AND MAINTENANCE oF CoMMoN FACILITIES..........

MEMBER'S REPAIR AND MAINTENANCE; ALTERATIONS.

SPECIAL ASSESSMENT. ........

MAINTENANCE MANUAL. ...

9.OI BOARDAPPOINTEDATTORNEY-IN-FACT

9.02 SALE BY CoNSENT
ll

6.01 6.02

6.03 6.04

6.05 6.06

6.07 6.08

6.09 6.10

6.t I

6.t2

6. l3

7.01 7.02

7.03 7.04

7.05 7.06

7.07 7.08

7.09 7.10

7.11 7.12
.20
.21
))
t5
15 15
24 24
24 25
25 26
26 .....................17
EMERGENCY SITUATIONS... .,.......I8
PAYMENT oF TAXES......

STATUTORY CoMPLIANCE. .23
ALTERNATE LEGAL AcrroN; SerrLeveNr..... .......23
ARTICLE VII INSURANCE; DESTRUCTION OF IMPROVEMENTS ...............23 NOTICE OF ASSESSMENTS; INCREASE IN ASSESSMENTS. ......19 DEFAULT; Lnrs Csnncp; INTEREST 19
PRE-LIENNorrcE; PAYMENTPLANS; DrspurE RESoLUTToN. .......................19 LIEN FOR DELINQUENT ASSESSMENTS.

ENFORCEMENT oF LIEN; ATTORNEYS' FEES.

PRIORITY OF ASSESSMENT LIENS; SUBORDINATION
GgNsnel INSURANCE REeUIREMENTS.
...............22
LIABILITY INSURANCE...

EXCESS oR UMBRELLA LIABILITY
DIRECTORS AND OFFICERS LIABILITY INSURANCE...

WORKERS CovIppNsRrIoN.

PROPERTY INSIJRANCE.

MEMBER'S LIABILITY; UPGRADES AND CONTENTS INSURANCE
OTHER INSURANCE COVERAGE; DEDUCTIBLES; SUBROGATION; LIABILITY,...

BOARD APPOINTED ATTORNEY-IN-FACT. ...............

DAMAGE oR DESTRUCTION..............
..23
..23
..24

REVIEW OF INSURANCE COVERAGE AND BROKER SERVICES

DISPUTE RESOLUTION
ARTICLE VIIr MATNTENANCE, REPLACEMENT AND IMPROVEMENT............. .............30 .30
.30

8.01 8.02

8.03 8.04

8.05 8.06

10.01 10.02

10.04 10.05
....................30
....................3 I
.31
32 32
ARTICLE IX CONDEMNATION...... .......33
..........................32
..........JJ
....JJ

9.03 DISTRIBUTION OF SALE PROCEEDS oR CONDEMNATION AWARD..................., ....33

9.04 FArR MARKET Var-ue. 34
ARTICLE X REPAIR ISSUES AND ARBITRATION; DISPUTE RESOLUTION..........................................34 ACTIONS, DISPUTES INVOLVING REPAIR ISSUES.

REPAIR ISSUES; ASSOCIATION AS CLAIMANT..,..

RECOVERY OF MONETARY DAMAGES.

DISPIJTE RESOLUTION .44
ARTICLE XI GENERAL PROVISIONS; REPORTS TO PROSPECTM PURCHAS8RS.......................,..44 .34
.37
1I.OI INTERPRETATION: INCONSISTENCY .44

11.02 1 1.03
I 1.04
I 1.05
1 1.06
r1.07

12.01 12.02

12.03 12.04

12.05 12.06

12.07 12.08

12.09 12.10
t2.tl

12.12 ARTICLE XII ARCHITECTURAL CONTROL.. .......,.46
ENFORCEMENT; WAIVER. ..44
BINDING oN SUcCESSoRS. .,,,,.....44
ATTORNEYS'FEES ............. .......,.45
BREACHES: EFFECT oN LIENS .45
APPOINTMENT oF ARCHITECTURAL COMMITTEE .......49
.49
MECHANICS' LIENS......,,.... ...49
ARTICLE XIII DURATION AND AMENDMENT................ ............50 50 13.02 50 AMENDMENT
List of Exhibits
Exhibit A - Legal Description of Real Property
Exhibit B - Sample Grant Deed
Exhibit C - Civil Code Section 4035 et seq
lll
THIS DECLARATION is made this _ day of 2024,by Surf
Cottages, LLC a California limited liability company, herein referred to as 'oDeclarant" with reference to the following facts:
(a) Declarant is the owner of certain real property commonly described as Surf Cottages, in the City of Carpinteria and County of Santa Barbara, California, and more particularly described in attached Exhibit "A" (the "Real Property" or "Development"). (b) The Real Property is a "Condominium Project" within the meaning of Section 4125 of the California Civil Code, subject to the provisions of the Davis-Stirling Common Interest Development Act (Part 5, Division Four of the Civil Code, commencing with Civil Code Section 4000 et seq.), and it is the intention and desire of Declarant to divide the project into Condominiums by grant deed substantially in the form of that attached as Exhibit "B." (c) Declarant intends to impose on the Real Property mutually beneficial restrictions under a general plan of improvement for the benefit of all of the Condominiums and the Members.

NOW, THEREFORE, Declarant hereby declares that the Real Property is held and shall be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied and improved subject to the following covenants, conditions and restrictions, all ofwhich are declared and agreed to be in furtherance of a plan for the improvement of the Real Property and the division thereof into Condominiums and are established and agreed upon for the purpose of enhancing and perfecting the value, desirability and attractiveness of the Real Property and every part thereof. All of the covenants, conditions and restrictions shall:
(A) Run with the Real Property;
(B) Be binding upon all parties having or acquiring any right, title or interest therein or any part thereof;
(C) Be for the benefit of each owner of any portion of the Real Property or any interest therein; and
(D)
owners thereof.

Inure to the benefit of and be binding upon each successor in interest of the This Declaration is made by Declarant pursuant to Sections 4200,4250 and 5975 of the California Civil Code.

I

ARTICLE I
Delinition of Terms
Unless expressly provided otherwise, the following terms as used herein shall have the following meaning:
1,01 Annual Budget Report. That budgetary information required to be distributed by the Association to the Members pursuant to Civil Code Section 5300. See also Section 7.03(A) of the Bylaws.

L02 Annusl Policy Statement. That policy information required to be distributed by the Association to the Members pursuant to Civil Code Section 5310. See also Section 7.04(8) of the Bylaws.

1.03 Articles, The Articles of Incorporation of the Association filed with the California Secretary of State.

1.04 Association.
mutual benefit corporation.

Surf Cottages Homeowners' Association, a Califomia nonprofit

1.05 Board of Directors or Board. The governing body of the Association.

1.06 Bylaws. The duly adopted Bylaws of the Association as amended.

1.07 Common Area. Pursuant to California Civil Code Section 4095, "Common Area" shall mean the entire project excepting all Residential Units.

1.08 Common Facilities. Any improvements constructed in the Common Area, including but not limited to, structures bounding the Residential Units, and Exclusive Use Common Areas.

1.09 Condominium" The estate in property conveyed by the grant deed to the Grantee as defined by Section 783 of the Civil Code, consisting of any undivided interest or easements in the Common Area more particularly described in Section 2.01 below, and a Residential Unit.

1.10 Condominium Plan. The Condominium Plan on file for the Development, which is recorded in Book , Pages through _,
inclusive, of Condominium Maps, in the
office of the Recorder of Santa Barbara County. All those notes and definitions set forth in the Condominium Plan are hereby incorporated by reference.

LI1 Declarant. Surf Cottages, LLC, a California limited liability company, and any successor or assign that expressly assumes the rights and duties of Declarant under this Declaration in a recorded written document.

I.I2 Declaration This Declaration, as it may be amended from time to time. 2 1.13 Delivery of Documents to Memberq Association, The Association's Management Documents may include references to the manner in which documents or notices are to be delivered either to the Members by the Association or to the Association by the Members. The parameters for delivery from the Association to Members by "individual delivery" or o'individual notice" are set forth in Civil Code Section 4040; the parameters for delivery from the Association to the members by "general delivery" or "general notice" are set forth in Civil Code Section 4045; and the parameters for delivery from a Member to the Association are set forth in Civil Code Section 4035. A copy of each of each ofthese Sections ofthe Civil Code as well as related Sections 4050 and 4055 are attached hereto as Exhibit "C".

The Association and Members are advised to review any amendments to these Sections as may be enacted from time to time.

1.14 DevelopmenL The Real Property including all structures and improvements thereon.

1.15 Director. A duly elected or appointed member of the Board of Directors of the Association.

1.16 Exclusive(JseCommonAreu PursuanttoCivilCodeSection4145,thoseportions of the Common Area set aside for exclusive use of a Member. See Article II and Section 4.12.

I.l7 Management Documents. This Declaration, the Articles of Incorporation, the Bylaws, the Condominium Plan, the budget, and applicable rules and regulations of the Association adopted by the Board, including any supplements, amendments and exhibits thereto.

1.18 Member. The record owner, whether one or more persons or entities, of the fee simple title to any Condominium, including contract purchasers in possession, but excluding those having such interest merely as security for performance of an obligation.

1.19 Mortgage; First Mortgage. Any recorded mortgage or deed of trust by which a Condominium is hypothecated or encumbered to secure the performance of an obligation pursuant to a loan made by a Mortgagee. A First Mortgage shall mean any mortgage or deed of trust made by an individual, or entity including a bank, savings and loan association, credit union, trust company, real estate investment trust, insurance company, or other lending institution in Santa Barbara County (including the Federal National Mortgage Association, Federal Home Loan Mortgage Corporation, Federal Housing Administration, Veterans Administration or other similar institutional secondary market mortgage purchaser or insurer) that makes or is the assignee of a loan secured by a Mortgage on a Condominium with first priority over other Mortgages thereon.

1.20 Mortgagee; First Mortgagee. A beneficiary or holder of a Mortgage or his/her/its assignee. A First Mortgagee is the Mortgagee of a First Mortgage.

1.21 Officer. A duly elected or appointed officer of the Association.

J

1.22 Residential Unit or Unit. A Condominium estate, exclusive of any undivided interest or easements in the Common Area, consisting of the airspace elements and Exclusive Use Common Areas described in Section 2.01 andArticle 4.13 as shown on the Condominium plan.

1.23 Voting Power of the Association A number equal to the total number of Condominiums subject to this Declaration. Each Member shall have one (l) vote for each Condominium, provided that there shall be only one (1) vote for each Condominium.

ARTICLE II
Description of Land and Improvements

2.01 ConJiguration. The land within the Development consists of rectangular shaped parcel improved by two (2) buildings. There is a total of three (3) Residential Units in said buildings. All Residential Units may have the following airspace elements as designated on the Condominium Plan: Living Area: "LA"; Carport Area'oCA"; and Garage Area "GAi'. pursuant to Section 4.12 below, a Residential Unit may also include a balcony and/or deck serving the Residential Unit (and not otherwise located in the Residential Unit) designated as ,,EUCA (unit )" on the condominium Plan. The common Area consists of the Development excepting the Residential Units. An undivided one-third (l/3) interest in the Common Area and all Common Facilities will be conveyed to each Owner of a Residential Unit to comprise his/her Condominium along with any Exclusive Use Common Areas and appurtenant easements. The boundaries of the Condominiums shall be as set forth in the Condominium plan.

2.02 Floor Area. The Floor Area of a Residential Unit shall include all of the square footage of that airspace element designated Living Area: "LA" on the Condominium plan and shown on the approved building plans for the Development dated and on file with the City of Carpinteria. The owners acknowledge and accept that the determination of Floor Area as set forth herein is for purposes of this Restated Declaration only and may be inconsistent with other calculations of floor area that may appear on other documents such as grading plans, site plans or advertising material. For purposes hereof; the Floor Area of each Unit shall be as follows:

Residential Unit Floor Area A 1636
B 1617
c 116s
Total Floor Area 4418
4 ARTICLE III
The Owners' Association

3.01 Management and Operations. The Development, to be known as Surf Cottages, shall be organized and operated as a Condominium Project. The grant deeds conveying interests to individual purchasers shall expressly refer to and incorporate by reference this Declaration. All owners of Condominiums in the Development shall be Members of Surf Cottages Homeowners' Association, a nonprofit mutual benefit corporation which will exercise the powers as granted to the Association. Such powers are for the purpose of operating, maintaining and managing the Common Area, Exclusive Use Common Areas and Common Facilities for the benefit of the owners of Condominiums and for providing such service for and conducting such common business affairs of its Members as is specified in the Management Documents.

3.02 Consent to Becoming Member of Association. The purchaser of any Condominium in the Development shall, by the acceptance of a deed therefor whether from Declarant or from subsequent owners of that Condominium, or by the signing of an installment land sale contract or agreement to purchase the Condominium, consent to becoming a Member of the Association, to abide by the Management Documents of the Associationo and to accept all of the benefits and obligations of the Members.

3.03 Powers of the Association The powers of the Association, its membership and their voting rights and the authority of its Officers and Directors shall be set forth in its Management Documents.

3.04 Vesting of Voting Power. The voting power shall vest when the power of assessment has passed to the Association, as set forth in Section 6.01 below.

ARTICLE IV
Property Rights of Members; Easements; Partition

4.01 Exclusive Ownership and Possession by Member; Incidents of Ownership. Each Member shall be entitled to exclusive ownership and possession of his/her Residential Unit and ingress and egress thereto. A Member also shall have the exclusive right to paint, repaint, tile, wax, paper or otherwise refinish and decorate the inner surfaces of the walls, floors, ceilings, windows and doors bounding the Residential Unit. A Member shall not be deemed to own the perimeter walls, floors, ceilings, windows, and doors bounding his/her Residential Unit or any other Common Facilities.

Each Member shall own the fractional interest in the Common Area and Common Facilities, as set forth in Article II above, and such percentage shall have a permanent character and shall not be altered without the consent of all Members expressed in an amendment to this Declaration duly recorded, except as expressly provided otherwise herein. The percentage of the undivided interest in the Common Area and Common Facilities shall not be separated from the Residential Unit to which it pertains and shall be deemed to be conveyed or encumbered or released from liens on the Residential Unit, even though such interest is not expressly mentioned or 5 described in the conveyance or other instrument. Each Member may use the Common Area and Common Facilities subject to rights conveyed pursuant to Sections 4.05,4.06 and 4.07 below, and in accordance with the purpose for which it is intended, as long as such use does not hinder or encroach upon the lawful rights of the other Members.

The foregoing notwithstanding, in the event Declarant has established a sales office and model homes in the Development pursuant to Section 5.01 below, Declarant, its sales agents and employees shall have the right to the nonexclusive use of the Common Area and Common Facilities for the purpose of maintaining the sales office and model homes and signs reasonably necessary to market the Condominiums. This right shall terminate upon sale of the last Condominium in the Development. Use ofthe Common Area and Common Facilities by Declarant and its agents and employees shall not unreasonably interfere with the use thereof by any Member or lawful occupants of any other Residential Unit.

4.02 Conveyance Carries Entire Interest of Member. Any conveyance of a Condominium shall be presumed to convey the entire interest of a Member, including membership in the Association; however, any Member may create a co-tenancy in his/her ownership of a Condominium with any other person or persons, or convey an undivided fractional interest in the Condominium.

4.03 Easement of Enjoyment. Every Member shall have the right and easement of enjoyment and use of the Common Area and Common Facilities, so long as such use does not hinder or encroach upon the lawful rights of other Members, and such easements shall be appurtenant to, and shall pass with, the title to every Condominium, subject to the following provisions:
(A) The right of the Association, by appropriate rules, to limit the number of guests of Members, and use of the common Area and common Facilities; (B) The right of the Association, in accordance with its Bylaws, to borrow money for the purpose of improving the Common Area or Common Facilities andlor performing its rights and privileges, duties and obligations, under the Management Documents; and (C) Subject to Section 4.06 below, the right of the Association to dedicate or transfer all or any part of the Common Area to any public agency or authority, or to other persons or entities, for such purposes as the Board deems in the best interests of the Association.

Unless otherwise permitted under Civil Code Section 4510, the Association shall not deny any Member or lawful occupant of any Condominium physical access to the Condominium.

4.04 Delegation of Use. Any Member may delegate his/her right of enjoyment to the Common Area, Exclusive Use Common Areas and Common Facilities to persons who are actually residing in his/her Condominium and who are members of his/her family, his/her guests, tenants or contract purchasers. The guests of a Member or a lessee shall be entitled to use the Common Area, Exclusive Use Common Areas and Common Facilities, subject to the Management Documents.
6 4.05 Encroachments, Each Residential Unit is hereby declared to have an easement over the Common Area, Common Facilities and other Residential Units for the purpose of accommodating any encroachment due to engineering or surveying errors, effors in original construction, settlement or shifting of any building, overhangs and projections in original construction, or for any other cause not due to willful misconduct of any Member. There shall be, in addition, valid and appropriate easements for the maintenance of such encroachments. If any portion of the Common Area or Common Facilities encroaches upon any Residential Unit or any Residential Unit encroaches upon the Common Area, Common Facilities or other Residential Unit as a result of the construction, reconstruction, repair, shifting, settlement, or movement of any portion of the Development, a valid easement for the encroachment and for the maintenance thereof shall exist so long as the encroachment exists.

4.06 Easementsfor BeneJit of Association and Declarant; Grants of Easements. The Association shall have an easement over, under, across and through the Common Area, Common Facilities and each Residential Unit where necessary for any construction, maintenance, repair or other functions required of the Association by this Declaration. Declarant shall have an easement over, under, across and through the Common Area, Common Facilities and each Residential Unit where necessary for any construction, maintenance and repair or other functions required of Declarant by this Declaration. Declarant shall have the right to grant nonexclusive specific and blanket easements in, on, over, under and through the Common Area and Common Facilities for all utility services and purposes and for such other uses as Declarant may deem appropriate.

Declarant's right to grant such easements hereunder shall cease after the sale of the first (lst) Condominium. Subject to the provisions of Section 4.07 below, the Board shall have the right in the name of the Association and all of the Members as their attorney-in-fact to grant nonexclusive and specific as well as blanket easements, in on, over, under and through the Common Area and Common Facilities to any public agency or authority, or other persons or entities, to accomplish any purpose that in the sole discretion of the Board is in the interest of the Association and its Members and does not unreasonably interfere with the use and enjoyment of the Common Area by the Members.
4,07 Grant of Exclusive Use Over Common Ares. Except as otherwise provided in this Declaration and/or in the Bylaws or as specifically provided pursuant to Civil Code Section 4600, any grant of exclusive use by the Board of any part of the Common Area and Common Facilities to any Member for any purpose, must be approved in writing by the unanimous consent of the Voting Power of the Association pursuant to Civil Code Section 4600. Written notice of any such transfer or dedication shall be sent to every Member not less than seven (7) days, nor more than thirty (30) days, in advance of the execution of such instrument by the Board. Any measure placed before the Members requesting that the Board grant exclusive use of any portion of the Common Area or Common Facilities shall specifu whether the Association will receive any monetary consideration for the grant and whether the Association or the transferee will be responsible for providing any insurance coverage for exclusive use of the Common Area or Common Facilities.

4.08 Partition. Except as provided by Section 4610 of the California Civil Code or as otherwise may be required under Section 7.10(E) orArticle IX below, there shall be no judicial partition of all or any part of the Development, and Declarant and any person acquiring an interest in all or any parL of the Development absolutely waive the right to partition the Real Property in kind and waive the right to seek partition for the purpose of a sale of the Real Property or any 7 portion thereof. However, if any Condominium is owned by two (2) or more Members as tenants in common, or as joint tenants, nothing herein contained shall be deemed to prevent a judicial partition as between such Members.

4.09 Prohibition Against Severability of Component Interests in Condominium. No Member shall be entitled to sever hisiher Residential Unit from his/her fractional interest in the Common Area or Common Facilities for any purpose. No such interest may be severally sold, conveyed, encumbered, hypothecated or otherwise affected, and any act in violation of this provision shall be void and of no effect. The suspension of this right of severability in no event will last beyond the period set forth in Article XIII below, including any extensions thereunder.

4.10 Utilities.
(A) Except for the utility lines and facilities which each Member owns and maintains under subsection (B) below, the Association shall maintain any and all utility lines and facilities located in, on, and underthe Common Area, Exclusive Use Common Areas and Common Facilities (the "Common Lines"), except for those lines and facilities maintained by utility companies (public, private or municipal). The Association shall pay all charges for utilities supplied to the Development, except those metered or charged separately to the Condominiums, and the cost thereof shall be included in the Association's budget for assessment against the Condominiums as provided in Article VI.

Accordingly, if any Common Line becomes clogged, stopped-up, damaged, destroyed or otherwise requires repair, the Association shall furnish such maintenance, replacement or repair, including repair of any structural damage or loss in the Common Area, Exclusive Use Common Areas or Common Facilities. However, if it can be determined that the cause of such clogging, stoppage, damage, destruction or repair originated in the Residential Unit of any particular Member (or was caused by the actions of any Member), or of any agent, employee, guest or family member of any Member, whether or not such act was negligent or culpable, the Association may charge such Member the cost of the repair, replacement or maintenance. If any Member fails to pay such costs, the Association may among other remedies available to it collect them by levying a special assessment upon the Condominium of the Member responsible therefor under the provisions of this subsection (A). Except as otherwise provided in subsection 8.01(A) below, the Association shall not be responsible for damage to any Condominium, or to any personal or structural property located therein, caused by a damaged or defective Common Line.

In the event of a failure or inability of the Board to take timely action to maintain, replace or repair any Common Line (including repair of any structural damage or loss in the Common Area, Exclusive Use Common Areas or Common Facilities), the Member who owns any Condominium served by such Common Line shall have the right, and is hereby granted an easement to the full extent necessary therefor, to enter upon such Condominium, Common Area or Common Facilities in, under, or upon which such Common Line (or any portion thereof) may be located, as is reasonably necessary to repair, replace or maintain such Common Line (including structural damage as provided above). The Association shall reimburse the Member the costs incurred by the Member in making such Common Line maintenance, repair or replacement; provided that if a dispute arises between any Member and the Board as to: (l) the persons or entities responsible for maintaining, repairing or replacing such Common Line; (2) the existence 8 and amount of any structural damage; or (3) the necessity and scope of the work, the matter shall be resolved in the manner set forth in Section 10.05 below. If entry onto the Common Area, Common Facilities or any Condominium is required hereunder, the party making such entry must give reasonable notice to the Association and to the Member who owns such Condominium, as applicable.
(B) Each Member shall be deemed to own the utility lines and facilities and outlets of all utility lines and facilities located within and serving only such Member's Residential Unit, and shall be responsible for the maintenance of such utility lines, facilities and outlets. (C) To the extent any Residential Unit includes a fire sprinkler system serving the Residential Unit, the water or other utility lines constituting the system that are located in the Common Area and Common Facilities ofthe Development shall be maintained by the Association as above set forth. The sprinkler heads located in each individual Residential Unit, including any sprinkler heads located in any Exclusive Use Common Area appurtenant thereto, shall be owned and maintained by the Member who owns the Unit.
(D) Whenever any Common Line serves more than one Residential Unit, each Member who owns a Residential Unit served by such Common Line shall be entitled to the full use and enjoyment of the portions of such Common Line that service such Member's Residential Unit.

4.11 Marketing of Condominiums. Pursuant to Civil Code Section 4730, the Association may not, among other things:
(A) Establish an exclusive relationship with any broker through which the sale or marketing of any Condominium is required to occur; or (B) Adopt any rule or regulation that arbitrarily or unreasonably restricts the ability of any Member to market such Member's Condominium. Any such rule or regulation shall be deemed void.

4.12 Exclusive Use Common Areas.
(A) Those balcony areas located in the Common Area designated as "EUCA BA _ " on the Condominium Plan pursuant to Section 2.01, which provide a balcony area for such Residential Units, are easements appurtenant to each of the respective Units for the exclusive use and enjoyment of the owners and occupants of such Units. (B) Those deck areas located in the Common Area designated as "EUCA DA _" on the Condominium Plan pursuant to Section 2.01, which provide a deck area for such Residential Units, are easements appurtenant to each of the respective Units for the exclusive use and enjoyment of the owners and occupants of such Units. (C) Those private yard areas located in the Common Area designated as "EUCA PYA " on the Condominium Plan pursuant to Section 2.01, which provide a private yard area for such Residential Units, are easements appurtenant to each of the respective Units for the exclusive use and enjoyment of the owners and occupants of such Units. 9 (D) The Members shall be responsible for keeping their respective Exclusive Use Common Areas in a neat, clean and sanitary condition. The Association shall be responsible for repairing and maintaining the Common Facilities bounding or underlying the Exclusive Use Common Areas in the manner provided in Sections 8.01 and 8.03 below. (E) No use may be made of any Exclusive Use Common Area other than those described herein.

4.13 Drainage System; Maintenance. The storm drain system located in the Common Area of the Development shall be maintained by the Association and the costs thereof shall be included in the Association's budget for assessment against the Condominiums as provided in Article VI. Included in the foregoing is the requirement that storm drain water interceptors and other storm water pollution devices be maintained and replaced in accordance with the schedules and provisions of the operations and maintenance procedure plan approved by the City of Carpinteria. Further, the Association shall regularly clean all catch basins and permeable paver areas.

4.14 Essements Reserved and Granted. Any easements referred to in this Declaration shall be deemed reserved or granted, or both reserved and granted, by reference to this Declaration in the first deed by Declarant to any Condominium, and shall henceforth be deemed covenants running with the land for use and benefit of the Condominiums.

4.15 License. The Association may license portions of the Common Area to a Member in a manner consistent with Civil Code Section 4600 provided among other things that the license should be in writing and that (a) the license is revocable at will by either party upon five (5) days written notice to the other party in a manner set forth in Exhibit "C" attached hereto; (b) the Member maintains such Common Area; (c) the Member defends, indemnifies and holds the Association harmless against any claim arising out ofthe use of such portion ofthe Common Area; and (d) upon termination of the license such Common Area shall be restored by the licenseeMember to its condition as existing upon the grant of the license or as directed by the Board provided that the latter is not of greater cost than restoring such area to its preexisting condition. 4,16 Conditions of Approval. The Members acknowledge, accept and agree that the Development is subject to certain conditions of approval imposed by the City of Carpinteria pursuant to Resolution No. PC-l8-006 adopted by the Planning Commission of the City of Carpinteria on June 4,2018 and on file with said City. The Board of Directors shall enforce the provisions of this Declaration in a manner consistent with such conditions and the City of Carpinteria Municipal Code and shall designate the President to be the liaison to the City of Carpinteria for purposes of maintaining the Development in compliance with the conditions andlor the City of Carpinteria Municipal Code. The Association and its Members shall succeed to the rights and privileges, duties and obligations set forth in the Resolution. Neither the Association nor any Members shall modify or alter said Resolution PC-l8-006 without the prior written consent of the City of Carpinteria. The Members are advised to refer to the actual Resolution for a further understanding of the terms and conditions of each such document.

4.17 Parking. There are a total of seven (7) parking spaces in the Development, including:
10 (A) A total of six (6) covered parking spaces included in the Garage Area airspace element serving the Residential Units designated "GA_" as shown on the Condominium Plan.
(B) A total of one (1) covered parking space in the Development. The owners acknowledge and agree that the one (1) open parking space is for use of guests, invitees, visitors of the owners and occupants of the Units and are not for use by the owners or occupants themselves.
(C) Unless otherwise approved by the City of Carpinteria, the seven (7) parking spaces as described in sub-sections (A) and (B), above, shall be maintained in a manner consistent with the approved building plans on file with the City of Carpinteria for the life of the project.

ARTICLE V
Uses of the Property

5.01 Residential Use; Obligation to Rebuild. The Real Property included within the Development is hereby restricted to residential use. No building or structure shall be erected or placed, temporarily or pennanently, upon the Real Property other than buildings and structures bounding the Residential Units that are substantially the same as those originally erected by Declarant, and the Common Facilities used in connection therewith. If any building or structure bounding one or more Residential Units or any Common Facility is damaged or destroyed by fire or other casualty, the Association shall in accordance with the provisions of Article VII below reconstruct the same substantially in accordance with the original plans and specifications, so that the exterior appearance resembles that existing prior to the damage or destruction.

Declarant shall have the right to designate, from time to time, and use, one or more Condominiums owned or leased by Declarant for model homes and sales offices in the Development. This right shall terminate upon sale of the last Condominium in the Development by Declarant.

5.02 Restriction on (Ise. The Real Property shall be subject to the following restrictions:
(A) Each Condominium shall be used as a residence for a single family in compliance with applicable zoning regulations. The number of persons residing'in a Residential Unit shall not exceed two (2) persons per bedroom, plus one (1) extra occupant. Guests may visit the Residential Units, but shall not reside in the Residential Units. For purposes hereof, a visit shall be considered a period not to exceed forty-five (45) days in any calendar year. (B) Condominiums shall not be used, either directly or indirectly, for any business, commercial, manufacturing, mercantile or other non-residential purpose by any Member or occupant of any Condominium, or by any family member, guest, employee, agent or invitee of any Member or occupant of any Condominium, unless such use is specifically authorized by applicable law, or:
ll
(a) Does not involve any visible signs of commercial use apparent from outside the "LA" airspace element (Living Area) of such Condominium; (b) Does not involve any regular conspicuous business activity; (c) Does not involve regular deliveries or pick-ups to or from the Condominium or any part of the Development,
(d) Is conducted solely within the confines of the ,,LA,'airspace element (Living Area) of such Condominium;
(e) Does not normally involve customers, clients or patients visiting the Condominium or any part of the Development; (0 Does not otherwise interfere with the residential nature or character of the Development or the quiet enjoyment of any Member or occupant of any other Condominium; and
(g) Is in compliance with all zoning, labor, business and other applicable local, county, state and federal ordinances, codeso statutes and regulations.

If and when any non-residential use of a Condominium is declared, by the Board, to be in violation of this subsection (B), such non-residential use shall be discontinued immediately, or as otherwise determined by the Board, and shall not be resumed without prior written authorization from the Board.
(C) No animals, livestock or poultry of any kind shall be raised, bred or kept on any portion of the Development, except that aquatic animals kept within an aquarium (an "Aquarium") and/or domesticated dogs, cats, birds or other animals, as agreed to by the Board (collectively referred to hereinafter as o'Pets"), may be kept in a Residential Unit if lhey are not kept, bred or maintained for any commercial purposes and if they do not become a nuisance to other Members or occupants in the Development. If and when any Aquarium or Pet is declared to be a nuisance by the Board, it shall be removed from the Development immediately or as otherwise determined by the Board. The owners of Pets shall be responsible for the cleanup of any litter left by such Pets in the Common Area. Dogs shall be kept on a leash when in the Common Area. The foregoing notwithstanding, no more than one (1) Aquarium and one (l) such pet may be kept in any Condominium.
(D) No commercial advertising signs, billboards or unsightly objects shall be erected on the Development, except thata sign of customary and reasonable dimensions may be used for the sole purpose of advertising for sale or lease any Condominium. This provision shall not be applicable to Declarant.

Pursuant to Civil Code Section 4705, one (1) flag of the United States, made of fabric, cloth or paper may be displayed from a staff or pole within a Residential Unit or in the window of a Residential Unit. Other noncommercial signs, posters, flags or banners may be displayed as permitted under Section 4710 of the Civil Code. Non-commercial signs and posters shall not 12 exceed nine (9) square feet in size, and non-commercial flags or banners shall not be more than fifteen (15) square feet in size.
(E) No obnoxious or offensive activity, including but not limited to repair and restoration of automobiles or other motorized vehicles, shall be carried on upon any portion of the Development, nor shall anything be done thereon which may be or may become an annoyance or nuisance to other Members, occupants, or to the neighborhood or which shall increase the rate of insurance on any adjacent Residential Unit, Common Area or Common Facility. (F) No clothesline, drying rack, storage pile or other unsightly object shall be maintained on the Development, except that clotheslines and drying racks may be permitted in the Deck Area or Private Yard Area of a Residential Unit subject to reasonable restrictions that may be imposed by the Board as provided in Civil Code Section 4750.10. All rubbish, trash or refuse shall be deposited at a location provided for each Residential Unit, or at such other location as may be designated from time to time by the Board. Woodpiles may be maintained by Members or occupants on the Deck Area or Private Yard Area of a Residential Unit, provided they are clean and attractive in appearance as determined by the Board. (G) All driveways, sidewalks, entries and passages outside of the Residential Units shall remain unobstructed and shall not be used for purposes other than ingress and egress to and from the Residential Units, except that parking spaces designated by the Board may be used for parking vehicles.
(H) With the exception of propane tanks used in barbeque equipment, no tank or other receptacle for the storage of gas or flammable liquid shall be installed upon or in the Development unless such installation is done by Declarant, the Association or has been approved by the Board.
(D No boat, trailer, mobile home, recreational vehicle, truck having a carrying capacity of greater than one-half (ll2) ton, van having a seating capacity in excess of eight (8) persons, or similar equipment shall be parked or kept within the Development. (J) The occupants of each Condominium shall have not more than a total of two (2) automobiles or other motorized vehicles customarily used for general transportation within the Development at any one time. All such vehicles shall be maintained in running order. No noisy or smoky vehicles shall be kept or operated in the Development. No unlicensed motor vehicles shall be kept or operated in the Development. The Association may establish rules and regulations from time to time for the parking of such vehicles in the Development. (K) No awnings, sunshades or screen doors, other than those originally installed, shall be installed without the prior written approval of the Board. All window coverings visible from the exterior of the buildings shall be of a neutral tone and of material approved by the Board.
(L) No roofs shall be erected over any Deck Area, Private Yard Area, and any fence (including any supplemental apparatus attached thereto) surrounding any Deck Area shall not be greater than six (6) feet in height, without the prior written approval of the Board and the l3
City of Carpinteria. No hot tub, whirlpool spa, Jacuzzi, or similar equipment of any kind shall be installed on any Deck Area or Balcony Area without the prior written approval of the Board. (M) No fence, statuary or structure of any kind shall be installed or erected in or upon any Common Area or any Common Facility without the prior written approval of the Board. (N) No exterior radio antenna shall be used or installed in the Development. No exterior video or television antenna (including a satellite dish) that has a diameter or diagonal measurement of more than thirty-six (36) inches shall be used or installed in the Development. A video or television antenna (including a satellite dish) that has a diameter or diagonal measurement of thirty-six (36) inches or less may be used and installed by a Member in his/her Condominium, provided that the antenna or satellite dish is not visible from any street and is screened from view from the other Residential Units, Common Area, Exclusive Use Common Areas or Common Facilities, provided that such screening does not unreasonably interfere with signal strength or cost an unreasonable amount of money. The Board may establish reasonable restrictions on the installation of video and television antennae (including satellite dishes) that have a diameter of thirty-six (36) inches or less consistent with the foregoing and with Civil Code Section 4725. (O) A landscaping plan for the Development (the "Landscape Plan") has been submitted to and approved by the Architectural Board of Review of the City of Carpinteria ("ABR"). The Association shall landscape and maintain the Common Area and Common Facilities in accordance with the approved Landscape Plan and in accordance with Civil Code Section 4735.
(P) No plants or other landscaping improvement, other than those installed and maintained by the Association, shall be planted, installed or maintained in the Common Area or any common Facilities, without the prior written approval of the Board. (a) Bicycles shall be parked and stored within the Residential Units and not in the Common Area or Common Facilities of the Development. (R) Garages shall be used only for parking those vehicles referred to in subsection (J) above and limited storage, which does not interfere with parking by the number of such vehicles for which the garage was originally designed, and shall not be converted for living or recreational activities. Garage doors shall remain closed except when occupants are entering, leaving or working in or around their garages.
(S) No exterior carpeting, mats or similar materials that trap moisture below them shall be located on any Balcony or Deck Area in the Development. Similarly, no plants or similar vegetation shall be located on any Balcony or Deck Area in the Development, unleis placed in pots or other containers that allow sufficient airflow between the bottom of the pot and the surface of the Balcony or Deck Area, so as to prevent water damage or dry rot from occurring on the Balcony or Deck Common Area, structure, or improvements adjacent to the Balcony or Deck Area.
(T) Exterior lighting shall be low level and directed in such a manner that direct lighting or glare will affect neither adjacent properties nor public streets or walkways. 14 (U) The Association may impose reasonable restrictions on the installation, maintenance e, repair, replacement, removal and use of electric vehicle charging stations in the Development, in a manner consistent with the provisions of Civil Code Section4745; provided that the Association may not effectively prohibit or unreasonably restrict the installation or use of an electric vehicle charging station.

5.03 Leases. No Member is permitted to lease all or any portion of any Condominium for transient or hotel purposes. No Member may lease less than an entire Condominium, without the prior wriffen consent of the Board. Any lease of any Condominium shall provide that, in all respects, such lease is subject to the provisions of the Management Documents. Such lease shall further provide that any failure by the lessee to comply with the terms of the Management Documents shall be a default under the lease. All leases and rental agreements of Condominiums shall be in writing and shall be for aterm of thirty (30) days or more. Any Member leasing or renting any Condominium shall notify the Board in writing of: (i) the names and telephone numbers ofall persons occupying such Condominium; (ii) the address where such Member resides, if not within the Development and the Member's telephone number; and (iii) the date the Member acquired title to his/her Condominium. Notwithstanding any agreement between any Member and any prospective tenant to the contrary, the leasing or rental of any Condominium shall not operate to relieve the Member thereof of the primary responsibility for compliance with all provisions of the Management Documents, including the payment of all charges and assessments. In the event the provisions of this Section 5.03 are later amended to prohibit such rentals or leases, no such amendment shall be effective as to any Member who acquired title to his/her Condominium prior to the date of such amendment, except as otherwise provided in Civil Code Section 4740.

ARTICLE VI
Assessments and Liens

6.01 Assessment Power. Each Condominium within the Development and the improvements thereon, except such improvements as are owned by the Association, shall be subject to general and special assessments and Liens to secure their payment. The Association, by the Board, shall have the sole authority to fix and establish the amounts of the general assessments provided for in this Declaration and the amounts of such interest, costs and late charges for the late payment or nonpayment thereof. The power of assessment shall vest on the first (lst) day of the month following the first (lst) conveyance of a Condominium. The Association shall not impose or collect an assessment or fee that exceeds the amount necessary to defray the costs for which it is levied.

6.02 General Assessments. General assessments shall be fixed and established annually or more often by the Board and shall be collected monthly by the Association, as follows:
(A) Budget; General. By resolution duly adopted, the Board shall have in effect at all times an operating budget setting forth the cash requirements and reserves for future maintenance or contingencies reasonably necessary and proper for the management, operation, maintenance, care and improvement of the Development in accordance with the provisions of the Management Documents. Except as otherwise provided below, the Board may modifo any budget at any time by resolution to meet changed circumstances or unforeseen events. 15 (B) Annual Budget. The Board shall, at a regular or special meeting held during the month of October of each year or at such other time ar .ay be designated by the Board, make its estimate of cash requirements and reserves for the ensuing calendaiyear. Following the estimation of cash requirements and reserves? the Board shall prepare an annual budget foi ttre ensuing oalendar year based thereon and shall distributc thc budget not less than thirty (30) days and not more than ninety (90) days prior to the beginning of the calendar year as providedin Section 7.03 of the Bylaws. If the Board elects a fiscal year other than the calendai yearo such estimate shall be made at least two (2) months prior to the beginning of that fiscal year, and the annual budget for the ensuing fiscal year shall be prepared and distributed to the Members as set forth above.
(C) General Assessments. Subject to the terms of subsection (D) below, the Board may from time to time, by resolution, set general assessments based upon duly adopted budgets as provided above or modifu any budget previously made and raise or lo*e. the amount previously estimated as the cash requirements and reserves of the Association for all or part of a yea1. The Board may raise or lower the amount of the general assessment to correspond to such revised budget, provided that no such determination by the Board shall have any retroactive effect on the amount of assessment payable by any Member for any period elapsed prior to the date of such determination. Such estimate of cash requirements and reserves shall be apportioned among all the Condominiums as provided herein, and the sum allocable to each Condominium shall be the general assessment against such Condominium for the ensuing calendar year or other period. (D) Limit on Increased Assessments.
(a) Annual increases in general assessments for any fiscal year shall not be imposed unless the Board has complied with Section 5605(a) of the Civii Code; (b) The Board may not impose a general assessment hereunder which is more than twenty percent (20%) greater than the general assessment for the immediately preceding fiscal year without the vote or written consent of Members constituting a quorum of thl Voting Power of the Association casting a majority of the votes, pursuant to Civil Code Section 5605(b). For purposes hereof, a quorum shall mean two-thirds (2l3rds)of the Voting power of the Association. Any vote of the Members as set forth above shall be conducted in accordance procedures set forth in Civil Code Section 5100 et seq. (E) Apportionment of Assessment.
apportioned among the Condominiums as follows:

The general assessments shall be
(a) Those allocations set forth in the Association's budget for roof reserves, painting reserves, and reserves for wood-destroying pests or organisms appiicable to the Common Facilities bounding the Residential Units, Exclusive,Use Common Areaq all Risk Hazard Insurance, earthquake insurance (if any), and flood insurance (if any) shall be apportioned among the Condominiums upon the basis of the ratio of the square footage of the floor area of the "LA" airspace element (Living Area) of the Condominium to be assessed to the total square footage of floor area of all the "LA" airspace elements (Living Areas) of all Condominiums. For purposes of this subsection (a), the square footage of the "LA" airspace elements (Living Areas) l6
of the Condominiums (as shown on the Condominium Plan) are more particularly described in Section 2.02 above;
(b) All other allocations set forth in the Association's budget shall be apportioned equally among the Condominiums.
(F) Payment. The general assessments shall be collected on a monthly basis, due on the first (1st) of the month to which such assessment pertains. (G) First Assessments. The notice provisions of Section 6.05(A) below notwithstanding, assessments on all Condominiums shall commence on the first (1st) day of the month following the first (lst) conveyance of a Condominium in an amount per month equal to that set forth in the initial budget for the Association prepared by Declarant until the Board, at any meeting thereafter legally held, shall determine, by resolutiono a change in the amount of the assessment and the first date for payment of such changed assessment (H) Obligations of Declarant and Members. A regular or special assessment and any late charges, reasonable fees and costs of collection, reasonable attorney's fees, if any, and interest,if any, shall be a debt of the owner of the Condominium at the time the assessment or other sums are levied in the manner set forth in Civil Code Section 5650(a). Declarant, for each Condominium, hereby covenants, and each Member, by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, covenants and agrees: (1) to pay to the Association general assessments and charges and special assessments for purposes permitted herein; and (2) to allow the Association to enforce any Lien established hereunder by nonjudicial proceedings under a power of sale or by any other means authorized by law. Neither Declarant nor any Member may exempt himself/herself from liability for his/her contributions towards the common expenses of the Association by waiver of the use or enjoyment of any Common Area or Common Facilities, or by the abandonment of his/her Condominium. The foregoing notwithstanding any Member (including Declarant) shall be exempt from the payment of that portion of any general or special assessment which is for the purpose of defraying expenses and reserves directly attributable to the existence and use of a Common Facility that is not complete at the time the assessments commence.

6.03 Special Assessments. A special assessment is an assessment to reimburse the Association for expenses incurred, or to be incurred, which are not ordinarily included in the annual estimate of expenses referred to in Section 6.02 above. They may be levied as follows:
(A) Purpose. The Association shall have the right to impose special assessments for the following purposes:
(a) To collect such sums due from Members under Sections 4.l0 (Utilities),6.1I (Taxes),7.08(B) (Deductibles),7.10(B) (Insufficient Insurance),7.10(G) (Damage to Common Facilities Other Than Structures Bounding Residential Units), 8.05 (Common Area Damage, Unit Damage, and Unit Maintenance), 12.10 (Mechanics Liens) and 12.11(,4) (Enforcement) herein;
l7
(b) To defray the cost of any construction or reconstruction project, unexpected repair or replacement of any Common Facilities or any other capital improvement in the Common Area, not covered by the provisions of Article VII below; (c) To collect a monetary penalty imposed by the Board in accordance with the Bylaws as a disciplinary measure for failure of a Member to comply with the Management Documents;
(d) To reimburse the Association for costs incurred by the Association in the repair of damage to the Common Area or Common Facilities caused by a Member, his/her guests or tenants;
(e) To defray the cost of any additional improvement in the Common Area or Common Facilities, not in existence on the date of this Declaiation, and which Declarant is not otherwise obligated to complete; or
(f) To restore funds to the Association,s reserve account pursuant to Section 7.05 of the Bylaws.
(g) To defray the cost for unexpected operating or other costs or for such other purposes as the Board in its discretion considers appropriate. (B) Limit. The Board may not levy special assessments under subsections (AXb), (AXe) and (A)(g) aboveo which in the aggregate, exceed five percent (5%) of the budgeted gross expenses of the Association for that fiscal year, without the vote or written consent of Members constituting a quorum of the Voting Power of the Association casting a majority of the votes pursuant to Civil Code Section 5606(b). For purposes hereof a quorum shall mean twothirds (2l3rds) of the Voting Power of the Association. Special assessments shall be due and payable on the first day of the month following their levy unless otherwise determined by the Board.

Any vote of the Members as set forth above shall be conducted in accordance with the procedures set forth in CivilCode Section 5100 et seq.
(C) Apportionment. Any special assessment levied pursuant to the provisions of Section 7.10(B) below, shall be levied upon the basis of the ratio olthe square footage of the floor area of the Residential Unit to be assessed to the total square footage of floor area of all such Residential Units to be assessed. Any other special assessment, which is levied against all Condominiums, shallbe apportioned among all the Condominiums as provided in Section 6.02(E) above.

6.04 Emergency Situations. Despite the provisions of Sections 6.02(D) and 6.03(8) above, the Board may increase or levy general andlor special assessments necessary for emergency situations. For the purposes of this Section 6.04, an emergency situation is any on" of thl following:
(A) An extraordinary expense required by court order;
18 (B) An extraordinary expense necessary to repair or maintain the Development, or any part of it for which the Association is responsible, where a threat to safety of persons is discovered; or
(C) Repairs to, or maintenance of,, the Development that could not have been reasonably foreseen in preparing the budget. However, prior to the imposition or collection of such an assessment, the Board shall pass a resolution containing written findings as to the necessity of the extraordinary expense involved and why the expense was not or could not have been reasonably foreseen in the budgeting process, and the resolution shall be distributed to the Members with the notice of assessment.
6,05 Notice of Assessmentq Increase in Assessments.
(A) Notice of the amount of any general or special assessment imposed by the Association shall be mailed to each Member by individual delivery not less than thirty (30) days prior to the date the assessment or charge becomes due and payable. (B) The Association shall provide notice by individual delivery to each Member of any increase in the general or special assessments of the Association, not less than thirty (30) nor more than sixty (60) days prior to the increased assessment becoming due.

6.06 Default; Late Charge; Interest. Fifteen (15) days after any general or special assessment is due and payable by a Member, but remains unpaid or not otherwise satisfied, it shall be and become delinquent and shall so continue until the amount of the assessment, together with all costs, late charges and interest as herein provided, have been fully paid or otherwise satisfied.

The Board may establish a reasonable charge for late payment of any assessment to defray the additional administration costs a late payment may cause, subject to the limitations as set forth in Civil Code Section 5650, which currently provides that a late charge shall not exceed ten percent (10%) of the delinquent assessment or Ten Dollars ($10.00), whichever is greater. Such late charges may be imposed at any time after any assessment has become delinquent. Interest shall accrue at the rate of twelve percent (12%) per annum upon all unpaid assessments commencing thirty (30) days after the assessment becomes due.

6.07 Pre-Lien Notice; Payment Plans; Dispute Resolution. At any time after any general or special assessment against a Condominium has become delinquent, the Association may record a lien for delinquent assessments (a "Lien") as to such Condominium; provided, however, that at least thirty (30) days before recording the Lien, the Association shall have provided the owner of such Condominium, in writing, by certified mail, all of the information required pursuant to California Civil Code Section 5660 ("Pre-Lien Notice"). Pursuant to Civil Code Section 5665, a Member may submit a written request to meet with the Board to discuss a payment plan for the delinquency. The Association shall provide Members with the standards for payment plans, if any exist. If so requested by the Member, the Board shall meet with the Member in executive session within forty-five (45) days of the date of the postmark of the Member's notice. If there is no regularly scheduled Board meeting within that period, the Board may designate a committee of one or more members to meet with the Member. Prior to recording a lien for delinquent assessments, the Association shall offer the Member, and if so requested by the Member, to participate in dispute resolution in the manner set forth in Civil Code Section 5670. t9
The foregoing notwithstanding, a monetary penalty imposed by the Association, pursuant to Section 6.03(A)(c), except for the late payments, may not be characterized nor treated in the Management Documents as an assessment that may become a Lien against the Member,s Condominium enforceable by the sale ofthe interest under Civil Code Sections 2924,2g24(b) and 2924(c).

6.08 Lien fot Delinquent Assessments. Except as otherwise provided in Section 6.02 above, on or after thirty (30) days from the delivery of a Pre-Lien Notice, as described in Section

6.07 above, the Association may record a Lien as to such condominium. (A) Immediately upon the recording of a Lien, the amount of the delinquent assessments, plus any costs of collection, late charges, and interest assessed in accordance with California Civil Code Section 5650, shall become a Lien on the Member's Condominium, which Lien shall continue until the amount of such delinquency and the interest, costs and late charges accrued thereon have been fully paid or otherwise satisfied or the Lien foreclosed as proviJed therein. The recorded Lien shall include all information required pursuant to California Civil Code Section 5675.
(B) Such Lien shall be signed by an Officer and a copy thereof shall be mailed, by certified mail, to every person whose name is shown as an owner of the Condominium no later than ten (10) calendar days after recordation. The decision to record a Lien shall be made only by the Board and may not be delegated to any agent of the Association. The Board shall approvi thl decision by a majority vote of the Directors in an open meeting of the Board. The Board shall record the vote in the minutes of that meeting.
(C) In addition to the requirements of this Section 6.08, notice of a recorded Lien shall be served by the Association on the owner's legal representative, if any, in accordance with the manner of service of summons described in Article 3 (commencing with Section 415.10) of chapter 4 of Title 5 of Part 2 of the california code of civil procedure. (D) Upon receipt of a written request by a Member identifying a secondary address for purposes of collection notices, the Association shall send additional iopies of any notices required by this Section 6.08 to the secondary address provided. The Association shall notifu Members of their right to submit secondary addresses to the Association, at the time the association issues the pro forma operating budget pursuant to California Civil Code Section 5300.

A Member's request identifying a secondary address for purposes of collection notices shall be in writing and shall be mailed to the Association in a manner provided in Civil Code Section 4035 (see Exhibit "C"). The Member may identify or change a secondary address at any time, provided that, if a secondary address is identified or changed during the collection p.oces, the Association shall only be required to send notices to the indicated secondary addiess from the point the Association receives the request.
(E) Any payments received shall first be applied to the assessments owing, and then to the fees and costs of collection, attorneys' fees, late charges and interest. When a Member makes a payment, he/she may request a receipt, and the Association shall provide it. The receipt shall indicate the date of payment and the person who received it. 20 (F) Within twenty-one (21) days of the payment of the sums specified in a recorded Lien, or upon other satisfaction thereof, the Association shall record, or cause to be recorded, a Lien release or notice of rescission and provide the Member with a copy of the Lien release or notice that the delinquent assessment has been satisfied. (G) If it is determined that a Lien previously recorded against the Condominium was recorded in error, the party who recorded the Lien shall, within 2l calendar days, record or cause to be recorded in the Office of the County Recorder in which the notice of delinquent assessment is recorded a lien release or notice of rescission and provide the owner of the Condominium with a declaration that the Lien filing or recording was in error and copy of the lien release or notice of rescission.

If it is determined that the Association has recorded a Lien for a delinquent assessment in error, the Association shall promptly reverse all late charges, fees, interest, attorney's fees, costs of collection, costs imposed for the notice prescribed in Civil Code Section 5660, and costs of recordation and release of the Lien authorized under subdivision (b) of Civil Code Section 5720, and pay all costs related to any related dispute resolution or alternative dispute resolution.

If the Association fails to comply with the procedures set forth in this Article, the Association shall prior to recording a lien, recommence the required notice process. Any costs associated with recommencing the notice process shall be borne by the Association and not by the Member.
6,09 Enforcement of Lien; Attorneys' Fees.
(A) Except as otherwise provided in Subsection (C) below or in Civil Code Section 5700, each Lien created pursuant to the provisions of this Declaration may be enforced in any manner permitted by law, including sale by the court, the Association, the trustee or other person authorized to make the sale after the expiration of thirty (30) days following recording of the Lien; provided, however, that, pursuant to Civil Code Section 5720, a Lien in an amount less than One Thousand, Eight Hundred Dollars ($1,800.00), not including any accelerated assessments, late charges, fees and costs of collection, attorneys' fees, or interest, may not be enforced through judicial or nonjudicial foreclosure until: (i) the amount of the delinquent assessments secured by the Lien, exclusive of any accelerated assessments, late charges, fees and costs of collection, attorneys' fees, or interest, equals or exceeds One Thousand, Eight Hundred Dollars ($1,800.00); or (ii) the assessments secured by the Lien are more than twelve (12) months delinquent.
(B) The decision to initiate foreclosure of a Lien for delinquent assessments that has been validly recorded shall be made only by the Board and may not be delegated to any agent of the Association. The Board shall approve the decision by a majority vote of the Directors in an executive session. The Board shall record the vote in the minutes of the next meeting of the Board open to all Members. The Board shall maintain the confidentiality of the owner of the Condominium subject to foreclosure by identifying the matter in the minutes by the parcel number of the property, rather than the name of the Member. A Board vote to approve foreclosure of a Lien shall take place at least thirty (30) days prior to any public sale. The Association shall notifu 21 the Member by personal service ifthe Board votes to foreclose on the Condominium in the manner set forth in Civil Code Section 5705(d).
(C) Prior to initiating foreclosure of a Lien the Association shall offer the Member and, if so requested by the Member, participate in dispute resolution procedures as described in Section 5705(b) of the Civil Code.
(D) The sale of a Condominium pursuant to this Section 6.09 may be conducted in accordance with the provisions of sections2924,2g24(b),2924(c) and2934(a)oithe california Civil Code, or in any other manner permitted by law. The Association may bring separate legal action to collect delinquent assessments without foreclosing such Lien. In any urtion to collect delinquent assessments or to foreclose any Lien, the Association shall be entitled to costs, including reasonable attomeys' fees as determined by a court of competent jurisdiction, interest, and such late charges for delinquent assessments as shall have been esiablishld by the Board. The personal obligation for delinquent assessments shall not pass to a Member's successor in title unless expressly assumed by him/her.
(E) A nonjudicial foreclosure by the Association to collect upon a debt for delinquent assessments shall be subject to a right of redemption pursuant to Califomia Civil Code Section 5715(b). The redemption period within which a Condominium may be redeemed from a foreclosure sale by the Member will end ninety (90) days after the sale. (F) To facilitate collection of assessments, fees and charges, the Association may record a statement of relevant information pursuant to Civil Code Section 4210.

6.10 Priority of Assessment Liens; Subordination. Sale or transfer of any Condominium shall not affect the assessment Lien. However, the Lien of the assessments provided for herein, including interest and costs (including attorneys' fees), shall be subordinate to the lien of any prior recorded First Mortgage upon the Condominium. Accordingly, the sale or transfer of any Condominium pursuant to judicial or nonjudicial foreclosure of a Fiist Mortgage shall extinguish the Lien of such assessments as to payments which became due prior to such sale or transfer. However, a First Mortgagee who obtains title to a Condominium, puriuant to ajudicial or non-judicial foreclosure shall be liable for up to six (6) months of the Condominium,s share of the unpaid, regularly budgeted common expenses or assessments by the Association chargeable to such Condominium which became due prior to the acquisition of title to such Condomi-nium by such First Mortgagee. If the Association's Lien priority includes costs of collecting the unpaii assessments, the Mortgagee will also be liable for any fees or costs related to the collection of the unpaid assessments. No sale or transfer shall relieve such Condominium from Liens for any assessments thereafter becoming due.

6.1I Payment of Taxes. The Association shall have the right, to the extent not paid by the Members, to pay all real property taxes and assessments levied upon uny part or portion of tnl Development by a duly authorized governmental or quasi-govern-.ntul authority. The Association shall have the right to impose a special assessment und Li.n against such portion of the Development for the amount paid by the Association pursuant to the righi given by this Section

6.11. Such assessment and Lien imposed by the Association shall be "nfor".d as provided in this Article VI.
22 6.12 Statutory Compliance, It is the intent of Declarant that the above provisions relating to prior notice, recordation and foreclosure of Liens against Condominiums in the Development be in compliance with applicable provisions and requirements of the Davis-Stirling Common Interest DevelopmentAct and otherapplicable statutes and regulations of the State of Califomia. However, such statutory requirements are subject to change and the Board and Members should regularly refer to such authorities (in particular Chapter 8 of Part 5 of Division 4 of the California Civil Code, commencing with Section 5600) when providing Pre-Lien Notices, and when recording or foreclosing Liens on any Condominium in connection with such delinquent assessments, in order to ensure that all such notices, recorded Liens and procedures relating to such Liens are in full compliance with applicable law.

6.13 Alternute Legal Action; Settlement. Nothing in this Article VI shall prohibit the Association from pursuing available legal remedies against any Member to recover sums specified in a Pre-Lien Notice or sums for which a Lien is created, or from taking a deed in lieu of foreclosure.

ARTICLE VII
Ins urance 1 Destr uction of Improvements

7.01 General fnsurance Requirements. All insurance policies that the Association purchases shall be maintained in force at all times and the Association shall pay the premiums out of the general assessment fund. Except as otherwise determined by the Board, the insurance policies written by an insurer admitted or not admitted in the State of California must have a rating ofA- IX or better in the most recently published A.M. Best's Rating Guide. The policy or policies shall name the Association as the first named insured. All insurance forms and policies may be Insurance Services Office (ISO) forms and policies or equivalent.

7.02 Liability Insurance. Commercial general liability insurance shall be purchased by the Association as promptly as possibly following the Organizational Meeting of Members pursuant to Section 4.03 of the Bylaws. Until then, such insurance shall be procured by Declarant.

The policy or policies shall name the Association as the insured. Declarant shall be named as an additional insured on such policy or policies until such time as Declarant conveys all of the Condominiums in the Development. The policy or policies shall: (A) insure against any liability incidental to the ownership and/or use of the Common Area, Exclusive Use Common Areas and Common Facilities; (B) include contractual exposures of the Association and the Board; and (C) include "severability of interest" in its terms (or a specific endorsement to preclude the insurer's denial of the claim of any Member because of negligent acts of the Association or of any other Member). The limits of commercial general liability and property damage insurance required by this Section 7 .02 shall be as determined by the board, but shall be not less than Two Million dollars ($2,000,000.00), covering all claims for death, personal injury and property damage arising out of a single occurrence, or such higher amount as may be required under Civil Code Section 5805 to protect the Association and Members against certain claims of civil liability. Unless otherwise determined by the Board, such insurance shall be on an occurrence basis and include a crossliability or severability of interest endorsement insuring each insured against liability to each other insured.
23 7.03 Excess or Umbrella Liability. The Association may purchase an Excess or Umbrella policy to satisff the above general and automobile liability iimlts or provide for higher liability limits as the Board shall determine.

7.04 Directors and Officers Liability fnsurance, The Association shall purchase Directors and Officers liability insurance in an amount determined by the Board but not less than Five Hundred Thousand Dollars ($500,000.00), or such higher amount as may be required under civil code section 5800, or as otherwise determined by the Board. 7,05 Workers Compensation. The Association shall purchase Workers' Compensation insurance to the extent required by law respecting employees of the Association

7.06 Propertylnsurance.
(A) The Association shall purchase a property policy or policies of insurance that covers the Common Facilities and other insurable improvements in the Common Area but excluding underground utilities, as promptly as possible following the Organizational Meeting of Members pursuant to Section 4.03 of the Bylaws. Until then, such insurance shall be procured by Declarant. Such improvements shall include, among other things, exterior and interior walls and doors, roofs, ceilings, floors, foundations, footings, and surface materials (e.g. paint, wallpaper, carpets, tile and hardwood floors), utility fixtures (including electric and plumbing;, built-in cabinets, appliances (such as those used for refrigeration, ventilating, .ooling, diJhwashing, laundering, security, or housekeeping), heating systems, water heaters, fixtures, pools, and tennis courts, but shall not include any improvements, alterations or upgrades to any ofihe foregoing, or to the building structure to the extent of any such improvements, alterations, or upgradis. 1n" policy or policies shall also cover business/personal property owned in common by the Association, but excluding any personal property located in the Residential Units. Unless otherwise determined by the Board, such property must be insured for Special Causes of Loss Form, and the per occurrence blanket policy amount shall be an amount equal to one hundred percent (100%) of the full replacement cost of the improvements and personal property at the time of loss. The policy will also include the following coverages: (l) Ordinance and-Law Coverage; (2) Replacement Cost of the improvements; (3) Demolition Cost; (4) Increased Cost of Construction with a minimum limit of l50Yo of the required full replacement cost of the improvements and personal property at the time of the loss; (5) an Agreed Amount endorsement which waives any coinsurance clause contained in the policy; (6) if available, an Inflation Guard endorsement; (7) a Deductible endorsement with the amount of such deductible to be determined by the Board; and (8) Waiver of Subrogation Rights against any insured. The Association will be a named insured as its interests may appear, with a waiver of subrogation clause. The policy or policies shall provide for the issuance of certificates or such endorsements evidencing the insurance as may be required by the respective Mortgagees. Declarant shall be named as an additional insured on such policy or policies until such time as Declarant conveys all of the Condominiums in the Development.
(B) A Member may have other insurance covering the same property as purchased by the Association, but the Association's policy is intended to be primary-and not contributory with such other insurance. Any diminution in insurance proceeds from the Association's policy resulting from the existence of such other insurance or failure to have the 24 proceeds resulting from the existence of such other insurance payable pursuant to the provisions of Section 7.10 below shall be chargeable to the Member who acquired such other insurance, and who shall be liable to the Association to the extent of any such diminution or loss of such proceeds.

7.07 Member's LiabiW; Upgrades and Contents Insurance. In addition to the Common Area liability insurance covered under Section 7.02 above, a Member may carry such personal liability insurance as the Member may desire. Further, any improvements, alterations or upgrades made by a Member to those improvements insured within a Residential Unit under Section 7.06 above, as well as any personal property of a Member,may be separately insured by such Member. All such property insurance separately purchased by a Member shall contain a waiver of subrogation rights by the carrier as to negligent acts of the Association or Members.

The Association shall have no responsibility whatsoever to secure any insurance for any improvements, alterations or upgrades made within any Residential Unit, or for any personal property of any Member, wherever located. Concurrent with the sale of his/her Condominium, the owners shall disclose to the purchaser all improvements, alterations or upgrades made by the owner to the Condominium or disclosed to the owner by his/her predecessor in title.

7.08 Other Insurance Coverage; Deductibles; Subrogation; Liability. (A) Other Insurance Coverage. The Association may purchase and maintain in force earthquake, flood and/or tsunami insurance, fidelity bonds, and other insurance or bonds that are necessary or appropriate in the discretion of the Association. Any and all policies purchased by the Association may be combined into one or more blanket or consolidated policies at the Association's discretion.
(B) Deductibles. The Board shall determine the amount of deductibles on its policies of insurance and adopt rules and regulations regarding payment of deductibles. Unless the Board determines otherwise, Members responsible for the payment of any deductibles shall pay the amount of the deductible up to an amount not to exceed $5,000 (adjusted annually for inflation from the date of this Declaration). The Association shall pay from Association funds (i) the balance of any deductible for which a Member is responsible that exceeds 55,000 (as adjusted for inflation from the date of this Declaration), and (ii) all deductibles under any insurance claim not otherwise the responsibility of a Member. If insufficient funds are available from the Association's funds or from funds borrowed by the Association in accordance with the Management Documents, the Association shall levy a Special Assessmento in accordance with Section 6.03(AXl) of this Declaration, with respect to the amount of any such deductible which exceeds funds available to the Association from Association funds or from borrowing. (C) Waiver of Subrogation. Any insurance maintained by the Association shall, if available at commercially reasonable rates as determined by the Board, contain (i) a "waiver of subrogation" as to the Association and its Officers, Directors and owners and occupants of the Units and Mortgagees, and (ii) a cross-liability or severability of interest endorsement insuring each insured against liability to each other insured. 25 (D) Liability. Neither the Association, the Board, nor any managing agent shall be liable for failure to obtain any coverages required by this Article VII, or ior uny lori oi da-ug" resulting from such failure, if such failure is due to the unavailability of such coverages from reputable insurance companies, or if such coverages, in the judgment of the Board, are available but only at unreasonable cost.

7.09 Board Appointed Attorney-in-Fact. The Board is hereby appointed attorney-infact for all Members to negotiation loss adjustments on the policies carried-under Sections 7.02,

7.06 and 7.08 above.

7.10 Damage or Destruction.
(A) Segregation of Funds; Obligation to Rebuild. If any Common Facility bounding any Residential Unit and/or Exclusive Use Common Area and other improvements insured under Sections 7 .06 or 7.0S(A) above are damaged or destroyed by a peril covered by the Association's property insurance policy as provided in Sections 7.06 or Z.Oqa;, all insurance proceeds paid in satisfaction of claims for such losses shall be paid to the Association as trustee for the Members and for the encumbrancers as their interests may appear. The Members shall be responsible to the Association pursuant to any necessary special assessment for the costs of repair or reconstruction that are not covered by the Association's insurance policies or is within the deductible amount. The insurance proceeds and the proceeds of any special assessments as hereinafter provided, whether or not subject to liens of Mortgages oi deeds of trust, shall be collected and disbursed by the Association through a separate trust account pursuant to the provisions of subsection (C) below. Subject to the provisions of subsections @j and (E) below, and on behalf of the affected Member(s), the Board, acting through a hired construction consultant, public adjuster or third party administrator, shall (a) obtain bids from one or more reputable contractors licensed in the State of California, whose bids shall set forth in detail the work required to repair, reconstruct or restore the damaged Condominium(s) to substantially the same condition as itlthey existed prior to being damaged (or modified as may be required by applicable building codes), and (b) determine the amount of all insurance proceeds available io tn. Association to effect such repair, reconstruction or restoration. Thereupon, the Association may contract immediately to repair or rebuild the damaged portion of such Condominium(s); provided, however, that before commencement of any demolition or construction, the Association shall procure, and shall maintain in force until completion and acceptance of the work, a Special All Risk Builder's Risk insurance policy insuring the replaced improvements under contract, including soft costs but excluding contractor's, subcontractor's and construction manager's tools and equipment, and property owned by contractor's or subcontractor's employees, with property limits in an amount at least equal to the estimated cost of construction, including soft.orir, fo. ail work at the job site, and if required in the contract, in transit or materials whiG being fabricated at an offsite location.
(B) Special Assessments. If any insured loss to a Common Facility Structure bounding any Residential Unit and/or Exclusive Use Common Area or other improvements insured under Sections 7.06 or 7.08(4), above are repaired or reconstructed pursuant to the provisions of this Section 7.10 andthere are insufficient funds from the insuranci proceeds paid for such damage and the agreed, signed contract price for repairing or rebuilding iuch improvements, the Board shall levy a special assessment against all Members apportioned as 26 provided in Section 6.03(C) above. If any Member fails to pay said special assessment within thirty (30) days after the levy thereof, the Board shall make up the deficiency by payment from the general assessment fund, and the Association shall have the same remedies as those provided in Article VI above covering a default of any Member in the payment of assessments. (C) Disbursement Procedure. If the estimated cost of repair or reconstruction of any Common Facility Structure bounding any Residential Unit and/or Exclusive Use Common Area or other improvements insured under Sections 7.06 or 7.08(4), above exceeds the sum of Ten Thousand Dollars ($10,000.00), whether or not all or any part of the cost is covered by the insurance proceeds, the monies deposited in the special trust account referred to above shall be disbursed for the purpose of the repair or reconstruction on the following terms and conditions:
(1) The Board shall obtain the consent and agreement of a majority of the affected First Mortgagees to supervise the progress of repair or reconstruction work and the disbursement of funds in connection therewith.
(2) Thereafter, all insurance proceeds, Association monies allocated for the repair or reconstruction, and any borrowings by the Association for the repair or reconstruction shall be deposited with a commercial lending institution experienced in the disbursement of construction loan funds (the "Depository") as selected by the Board and a majority of First Mortgagees. Funds shall be disbursed in accordance with the normal construction loan practices of the Depository that require as a minimum that the construction consultant, general contractor and architect certify within ten (10) days prior to any disbursement substantially the following:
(a) that all of the work completed as of the date of such request for disbursement has been done in compliance with the approved plans and specifications; (b) that such disbursement request represents monies which either have been paid by or on behalfofthe construction consultant, the general contractor or the architect and/or are justly due to contractors, subcontractors, materialmen, engineers, or other persons (whose name and address shall be stated) who have rendered or furnished certain services or materials for the work and giving a brief description of such services and materials and the principal subdivisions or categories thereof and the respective amounts paid or due to each ofthose persons in respect of such services and stating the progress of the work up to the date of such certificate;
(c) that the sum then requested to be disbursed plus all sums previously disbursed does not exceed the cost of the work insofar as actually accomplished up to the date of such certificate;
(d) that no part ofthe cost ofthe services and materials described in the foregoing sub-paragraph (b) above has been or is being made the basis for the disbursement of any funds in any previous or then pending application; (e) that the amount held by the Depository, after payment ofthe amount requested in the pending disbursement request, will be sufficient to pay in full the costs necessary to complete the repair or reconstruction; and, 27 (0 that mechanics' lien releases have been obtained from those eligible to file lien claims.
(3) If for any reason no such commercial lending institution is willing to act as the Depository, the Association may act as such and shall follow the provision o? subsections (a) - (0 above as are reasonably practicable. (4) No disbursement for the work shall be made without the prior approval of a majority of First Mortgagees, unless pursuant to the provisions set forth in subseition (2) above.
(D) Election Not to Rebuild. tt is the general intent of subsections (A), (B) and (C) above to assure the repair or reconstruction of any Common Facility Structure bounding a Residential Unit and/or Exclusive Use Common Area or other improvements insured under Sections 7.06 or 7.08(,{) above irrespective of the cause of the damage or destruction, or of the adequacy of any insurance proceeds or funds from special assessments. The Association may, however, with the vote or written consent of 100% of the Voting Power of the Association, elett not to repair or rebuild such Common Facility Structure, and other improvements, provided that, in such event, the Board shall have prepared and filed, as promptly as practicable, a map reverting the Real Property to acreage (converting the Development into an unimproved parcel of land), and the entire Development shall be offered for sale and sold forthwith at the highest and best price obtainable, either in its damaged condition, or after all structures have been iazed. The net proceeds of such sale and the proceeds, if anyo of insurance shall be distributed among the Members and their respective Mortgagees as their interests appear according to the proportionate fair market value of the respective Condominiums immediately prior to the time of the destruction, as determined by independent appraisal pursuant to subsection (H) below. For purposes of effecting such sale, each Member grants to the Association an irrevocable power of attorney to sell the entire Development for the benefit of the Members, to terminate this Declaration, and to dissolve the Association.
(E) Inability to Rebuild. If the damage or destruction occurs to all or a portion of any of the Condominiums, and there exists an impossibility or inability to repair or reconstruct all of the damaged Condominiums for reasons beyond the control of the Membirs, including, but not limited to, zoning restrictions which have been enacted, or geologicalhazards which have developed, or been discovered, since the date of this Declaration, and the Members do not make the election under subsection (D) above, the following shall occur:
(l) The insurance proceeds payable on account of the condominiums that cannot be rebuilt shall be disbursed by the Association, first to pay the cost of removing any remaining or destroyed portions of the improvements and complying with all other appliiable requirements of governmental agencies, and then unless otherwise provided by law, to or forthe benefit of the owners of the Condominiums that cannot be rebuilt in proportion to the actual cash value of their Condominiums immediately preceding the destruction as determined under the Association's insurance policy statement of values and other appropriate documentation/information. Any other funds received by the Association with respect to the Condominium that cannot be rebuilt, such as condemnation proceeds, shall also be disbursed to or for the benefit of such owners in the manner set forth above. All payments to be made hereunder 28 to or for the benefit of the Owner of a Condominium that cannot be rebuilt shall be paid first to reduce or eliminate the lien of any mortgage, deed of trust or other encumbrance on such Condominium, and only the balance after satisfaction of such lien shall be paid directly to each owner.
(2) Concurrently, the fair market value of the Condominium that cannot be rebuilt, reflecting the impossibility or inability to rebuild such Condominium, shall be determined by independent appraisal pursuant to subsection (H) ("adjusted fair market value"). (3) The Association shall pay to the affected owner(s) of such Condominiums the adjusted fair market value of the Condominiums determined in the manner above set forth. The obligation to pay the adjusted fair market value of the Condominiums shall be allocated equally among the remaining Condominiums. The Association, at its option, may either (a) levy a special assessment against the remaining Condominiums to collect the sums owing to the owner(s) of the Condominiums that cannot be rebuilt, or (b) issue a promissory note to the owner(s) of the Condominiums that cannot be rebuilt. Such promissory note shall bear interest at the minimum rate permitted by law and be fully amortized for a term not to exceed three (3) years.

The Board shall collect the funds to repay such promissory notes through one or more special assessments against the remaining Condominiums.
(4) Upon receipt of their respective share of insurance proceeds as provided above, each of the owners of a Condominium that cannot be rebuilt shall convey his/trer Condominium to the Association as trustee for the owners of the remaining Condominium and execute such other documents necessary to terminate his/her interest in the Development, including any right he/she may have had to rebuild after damage or destruction. (5) When all such deeds conveying Condominiums have been recorded, the Board shall convey the totality of such interests in equal shares to the remaining owners of Condominiums to achieve the ultimate result that one hundred percent (100%) of the unbuildable Residential Unit and Common Area will be equally apportioned among the Condominiums of the remaining owners. The Board shall also execute and record all documents and maps, including an amendment to the Condominium Plan, necessary, among other things, to eliminate the airspace formerly occupied by the damaged or destroyed Condominiums. (F) Amendment. Subsections (A), (B), (C), (D) and (E) above may be amended only by an instrument in writing, executed and acknowledged by not less than twothirds (2l3rds) of the Voting Power of the Association and recorded in the Office of the County Recorder. Such percentages shall include the owners whose Condominiums cannot be rebuilt, if any, or whose Condominiums have suffered damage or destruction, and which have not, at the time of such amendment, been fully repaired or reconstructed. (G) Damage to Common Facilities other than Structures Bounding Residential Units. Upon damage to or destruction by fire or other casualty of all or any portion of a Common Facility other than structures bounding Residential Units, all insurance proceeds paid in satisfaction for claims of said loss and the proceeds of any special assessment as hereinafter provided shall be used by the Board to repair or rebuild the damaged portion of such Common Facility substantially in accordance with the original plans and specifications thereof. 29 However, within ninety (90) days from the date of such destruction, not less than two-thirds (2/3) of the Voting Power of the Association may determine that such reconstruction shall not take place or that such Common Facility be reconstructed in a manner differing from the original plans and specifications. Ifthere is any deficiency between the insurance proceeds paid for the damage to the Common Facility and the contract price for repairing or rebuilding ruch Common Facilif, the Board shall levy a special assessment against each owner as provided in Section 6.03(A)(a) above. If all or any portion of the insurance proceeds are not devoted to the repair or rebuilding such Common Facility, the unspent balance shall be distributed among the Mimbers and their respective mortgagees as their interests appear according to the proportionate fair market value of the respective Condominiums at the time of the destruction as determined by independent appraisal.
(H) Appraisal. Wherever the fair market value or adjusted fair market value of all or any part of the Development is to be independently appraised under this Section 7.10, such appraisal shall be made by a licensed member of the Appraisal Institute ("MAI") appraiser, as chosen by a majority of the Board, or, lacking such a majority, as chosen by a majoiity of the Voting Power of the Association.

7.11 Review of Insurance Coverage and Broker Services, The Board periodically (and not less than once every three (3) years) shall review the Association's agent or broker and the Association's insurance policies. The Board shall make changes of their Agent or Broker and/or adjustments to such policies and the terms and conditions thereof as the Board considers, in its discretion, to be in the best interest of the Association. Such periodic review of the Association's insurance policies shall include an appraisal by a qualified appraiser of the curent replacement costs of all insured property, unless the Board, in its discretion, is satisfied that the current dollar limit of the policies, coupled with the amount of actual reserves on hand, is equal to or greater than the current replacement costs of the insured property.

7.12 Dispute Resolution. If a dispute arises among any Member and the Association respecting the provisions of this Article VII, the resolution of such dispute shall proceed in accordance with Section 10.05 below.

ARTICLE VIII
Maintenance, Replacement and Improvement

8.01 Common Area; Common Facilities.
(A) The Common Area and Common Facilities shall be conveyed by Declarant in undivided interests to each Member. All such Common Area, Exclusive Use Common Areas and Common Facilities shall be maintained, repaired, operated, cared for and managed exclusively by the Association, for the benefit and use of the Members, as provided herein.

The Association shall not be liable for damage to any Residential Unit (nor any personal or structural property located therein) caused by any damaged or defective Common Facility or any damaged or defective Common Line, referred to in Section 4.10 above, unless such damage is caused by the recklessness of the Association or the Board, Officers, employees or agents of tle 30 Association. To illustrate the foregoing, the Association shall not be liable for damage to any Residential Unit (nor any personal or structural property located therein) resulting from water which may leak or flow from outside the Residential Unit or from any pipes, drains, conduits, appliances or equipment, or from any other place or cause, unless caused by the recklessness of the Association, the Board, officers, employees or agents of the Association. (B) The Association shall pay the cost for the repair and maintenance of any Common Facilities damaged by the presence of wood-destroying pests or organisms and may cause the temporary removal of any Member or occupant from the Development for such periods and at such times necessary for the prompt, effective treatment of wood-destroying pests or organisms. If the Association deems it necessary to temporarily remove any Member or occupant from the Development, the Association shall give written notice to such Member or occupant not less than fifteen (15) days, nor more than thirty (30) days, prior to the date of removal in the manner prescribed in Section 4785 of the California Civil Code, as amended. The cost of temporary relocation shall be borne by such Member or occupant, and not by the Association.

8.02 Damage to Common Area or Common Facility. If any Common Area, Exclusive Use Common Area or Common Facility is damaged or destroyed through the act or omission of any Member or his/her guests, members of his/her family, agents, or employees, whether or not such act or omission is negligent or otherwise culpable, the Association shall forthwith proceed to rebuild, repair, or replace it to as good a condition as formerly existed, and the costs thereof shall be reimbursed to the Association by the Member. However, if the repair is covered by insurance carried by the Association, the Association shall make the repair and the Member shall pay any deductible under the insurance policy in the manner set forth in Section 7.08(8). If such responsible Member fails to pay the deductible in a timely manner, the Association shall have the right to do so.

8.03 Erterior Repair and Maintensnce of Common Fucilities. As part of the Association's responsibility for the repair and maintenance of the Common Area, the Association shall provide exterior repair and maintenance of the Common Facilities and for all other Common Area improvements (including the Common Facilities bounding and/or underlying the Exclusive Use Common Areas as provided in.section 4.12 above) as follows: paint, repair, replace and care for roofs, gutters, down spouts, exterior building surfaces, balcony and deck structur€i, (including moisture barriers) trees, shrubs, grass, fences, walls, walks, private drives and other exterior improvements. The Association shall cause the structural components (including moisture barriers) comprising all Deck Areas in the Development to be inspected every five:(5) years for water damage, dry rot and structural integrity. Such exterior maintenance shall not include the maintenance repair, replacement or cleaning of glass surfaces or the maintenance of any detachable floor covering within the interior of any deck, balcony or patio, the foregoing being the responsibility of the Member. Such exterior maintenance also shall not impose any obligation on the Association to rebuild or replace any damaged or destroyed Residential Unit, irrespective of the cause thereof, such restoration being provided for in SectionT.10 above. The Association shall have the exclusive right to plant and maintain plantings and other improvements on the Common Area (exclusive of portions within private patios and fenced yards). If the need for exterior maintenance or repair is caused by an act of any Member, or by any guest, family member, agent or employee of any Member, whether or not such act is negligent or culpable, then such Member shall pay the cost of such maintenance or repair. If such responsible Member fails to timely 3l
maintain or repair the Common Area or Common Facility, as required in this Section 8.03, the Association shall have the right to do so.

8.04 Member's Repair and Muintenance; Alterations. Except for the repair and maintenance of the exterioro as provided in Section 8.03 above, each Mernber shall repair and maintain, at his/her own cost and expense, his/her Residential Unit, including the repair, replacement and cleaning of glass surfaces, provided that no Member shall make any alteraiion, repair or addition to his/her Condominium which would affect its exterior appearance or its structure without the prior written approval of the Board in the manner set forth in Article XII. No Member shall install tiles or other material covering any Deck Area or Private Yard Area that may block, interfere with or alter the drainage portion of any such Deck Area or Private yard Area. If any Member fails to timely maintain or repair his/her Residential Unit, the Association shall have the right to do so.

8.05 Special AssessmenL lf the Association undertakes: (A) the rebuilding, repair or replacement of any Common Area or Common Facility, including the payment of any deductible for which a Member is liable pursuant to Section 8.02; (B) the exierior maintenance of the Common Facilities and/or other Common Area improvements, for which a Member is liable pursuant to Section 8.03; or (C) the repair, maintenance, rehabilitation and/or restoration of a Residential Unit (ALT: and Exclusive Use Common Area) for which a Member is liable pursuant to Section 8.04, the Association may recover the cost thereof through a special assessment against the condominium of the responsible Member pursuant to section o.o:14;1u;.

8.06 MaintenanceManual.
(A) Declarant shall furnish the Association with a maintenance manual that shall include a schedule of the reasonable works of maintenance that must be performed by the Association in connection with the maintenance of the Common Area, Exclusive Use Common Areas and any Common Facilities. The failure of the Association to follow the maintenance schedule in the manual, as well as commonly accepted maintenance obligations, is an affirmative defense pursuantto CaliforniaCivilCode Section 945.5(c) to any allegaiion of potential liability on the part of Declarant for alleged defects in the construction or design of the Common Area, Exclusive Use Common Areas and Common Facilities.
(B) Declarant shall fumish each initial owner of a Condominium with an owner's maintenance manual that shall include a schedule of the reasonable works of maintenance that must be performed by the owner in connection with the maintenance of his/her Residential Unit. Declarant shall also give the Association a copy of this maintenance manual, and, upon request, the Association shall provide any owner a copy of the same. The failure of any owner to follow the maintenance schedule in the manual, as well as commonly accepted maintenance obligations, is an affirmative defense pursuant to California Civil Code Section 945.5(c) to any allegation of potential liability on the part of Declarant for alleged defects in the construction or design of such owner's Residential Unit. Declarant has instructed each first purchaser to deliver the maintenance manual to the subsequent purchaser of his/her respective Rlsidential Unit, and subsequent owners are instructed to deliver the manual to their pu..husrrr. 32 ARTICLE IX
Condemnation

9.01 Board Appointed Attorney-in-Facl. The Board is hereby appointed as attorney-infact for all Members to represent the Members in any condemnation proceedings or in negotiations, settlements and agreements with the condemning authority for acquisition of all or a portion of the Development.

9.02 Sale by Consent. If an action for condemnation of all or a portion of the Development is proposed or threatened by any governmental agency having the right of eminent domain, then upon the written consent of two-third (2/3rds) of the Voting Power of the Association, the Development, or a portion of it, may be sold and conveyed to the condemning authority by the Board, acting as attorney-in-fact for the Members, for a price deemed fair and equitable by the Board. If the requisite number of Members does not consent to a sale of all or a portion of the Development and the condemning authority institutes condemnation proceedings, the court shall fix and determine the condemnation awards.

9.03 Distribution of Sale Proceeds or Condemnation Award. (A) Upon a total sale or taking of the Development, meaning a sale or taking:
(a) That renders more than fifty percent (50%) of the
Condominiums uninhabitable (such determination to be made by the Board in case of a sale and by the court in the case of a taking); or
(b) That renders the Development, as a whole, uneconomic as determined by the vote or written consent of a two-thirds (2/3rds) of the Voting Power of the Association, the right of any Member to partition through legal action, pursuant to Section 4.08 above, shall revive immediately. However, any determination that a sale or taking is total must be made before the proceeds from any sale or award are distributed. The proceeds of any such total sale or taking of the Development, together with the proceeds of any sale pursuant to a partition action, shall be paid to all Members and their respective Mortgagees as their interests may appear, in the proportion that the fair market value of each Condominium bears to the fair market value of all Condominiums in the Development. The fair market value of Condominiums shall be determined as set forth below.
(B) Upon a partial sale or taking of the Development, meaning a sale or taking that is not a total taking as described above, the proceeds from the sale or taking shall be paid or applied in the following order of priority, and any judgment of condemnation shall include the following provisions as part of its terms, as applicable:
(a) To the payment of expenses of the Association in effecting the sale or to any party in any condemnation action to whom such expenses are awarded by the court to be paid from the amount awarded;then
JJ
(b) To Members and to their respective Mortgagee(s), as their interest may appear, whose Residential Units have been sold or taken, un urount equal to the aggregate fair market value of each such Condominium as determined below, less such Members' share of the above Association's expenses (which share shall be in proportion to each Member,s undivided interest in the Common Area). After such payment, the recipient shall no longer be deemed a Member, and the Association, acting as attorney-in-fact of all Members, shall amend the Tract Map, Development Plan, Condominium Plan, and Management Documents (as necessary) to eliminate from the Development the Condominiums so sold or taken and to adjust the undivided ownership interest of the remaining Members in the Common area based upon lh. ratio that each remaining Member's undivided interest bears to all the remaining Members' undivided interest in all the Common Area;then
(c) To each remaining Member and to his/her Mortgagee(s), as his/her interests may appear, whose Condominium has been diminished in fair market value as a result of the sale or taking disproportionate to any diminution in fair market value of all Condominiums, as determined below, but as of a date immediately after any announcement of condemnation, in an amount up to the total diminution in value; then (d) To all remaining Members and to their respective
Mortgagees, as their interest may appear, the balance of the sale proceeds or award in proportion to the ratio that the fair market value of each remaining Member's Condominium bears to the fair market value of all remaining Members' condominiums, as determined below.

9.04 Fair Market Value. Wherever, in this Article IX reference is made to a determination of the fair market value of one or more Condominiums, it shall mean the fair market value of each such Condominium as of a date immediately prior to any announcement of condemnation or other applicable date of value, as determined by an appraisaiby un independent appraiser selected by the Association, who shall be a licensed Member of the Appraisal institute ("MAI") or other nationally recognized appraiser organization and who shall apply its or such other organization's standards in determining the value or fair market value of each such Condominium. The cost of such appraisal shall be paid from the sale proceeds.

ARTICLE X
Repair Issues and Arbitrotion; Dispute Resolution

10.01 Actions, Disputes Involving Repair Issues.
(A) Declarant, Construction Participanto Repair fssues Defined. For the purposes of Sections 1 0.0 1 through I 0.04 below, the following parties shall be defined as specified below:
(a) Declarant. 'oDeclarant" shall be defined to include Declarant (as defined in Section 1.11 above), as well as Declarant's officers, directors, shareholders, 34 principals, managers, members, partners, agents, employees, trustees, successors and assigns, as the case may be.
(b) ConstructionParticipanL "ConstructionParticipant"shall be defined to include any and all contractors, subcontractors, consultants, suppliers, manufacturers, engineers, architects, analysts, designers or other professionals alleged or believed to have been involved, in any way, with the Development, the Real Property or construction or manufacture of any of the improvements located thereon.
(c) Repair Issue. "Repair Issue" shall be defined as any deficiency in the construction, design, specifications, surveying, planning, supervision, testing or observation of construction of any portion of the Development, or any other improvements related thereto, under the functionality standards set forth in Section 896 et seq. of the California Civil Code.
(B) Actions, Disputes Involving Repair Issues: It is the intent of Declarant that the Common Area, Exclusive Use Common Areas Common Facilities, Residential Units and any other improvements constructed by Declarant in the Development or related thereto be built in a manner consistent with the functionality standards for residential construction set forth in California Civil Code Section 896 et seq. as applicable. Nevertheless, due to the complex nature of construction and the subjectivity involved in evaluating such consistency and compliance, disputes may arise as to whether a defect exists and the party or parties responsible therefor. In the event that the Association or any Member (individually and collectively 'oClaimant") claims, contends, or alleges that Declarant or any Construction Participant is responsible for any Repair Issue, such Claimant shall first pursue such claim under the prelitigation nonadversarial procedures set forth in California Civil Code Section 9 t 0 et seq. For purposes of this Article X, all Common Facilities including those bounding the Exclusive Use Common Areas shall be deemed structures under the definition of "structure" in Section 895(a) of the California Civil Code. Nothing in this Section I 0.0 1 is intended, nor shall be construed as, extending any applicable statute of limitations. (C) Repair Issue in Common Area. Ifthe Repair Issue pertains to the Common Area any Exclusive Use Common Areas or any Common Facilities, as defined in Sections 1.07 and 1.08 above, or if the Repair Issue pertains to any portion of the exterior of a Residential Unit which is the responsibility of the Association to maintain under Section 8.03 above, the Association shall have the right to bring a claim for such Repair Issue. (D) Decisions to Initiate Claims. Notwithstanding any other provision in the Declaration to the contrary (including, without limitation, any provision which expressly or implicitly provides Declarant with control over Association decisions for any period of time), Declarant hereby relinquishes control over the Association's ability to decide whether to initiate any claim against Declarant or any Construction Participant with respect to any Repair Issue in the Common Area, Exclusive Use Common Area or concerning any Common Facilities or any portion of the exterior of a Residential Unit which is the responsibility of the Association to maintain under Section 8.03 above. The decision to initiate any such claims for Repair Issues shall, instead, rest with the majority of the Voting Power of the Association other than Declarant. 35 (E) Notice. This shall serve as notice, pursuant to Civil Code Sectio n 912(f), to any potential Claimant that Section 910 et seq., of the Civil Code sets forth standards for prelitigation nonadversarial procedures which must be followed by any potential Claimant.

Such procedures impact the legal rights of any potential Claimant. Declarant further notifies such Claimant pursuant to Section 914(a) of the Civil Code that Declarant intends to engage in the nonadversarial dispute resolution procedures set forth in Civil Code Sectiongl0 eisiq. (F) Service of Claim Notice. Notice of any Claim against Declarant or Construction Participant, including Civil Code Sections 896 and, 897 claims, or requests for information, shall be served on Declarant via certified mail, overnight mail or personal delivery at the following address:

Surf Cottages, LLC
c/o MichaelHaber
4975 Sawyer Avenue
Carpinteria, CA 93013
If the notice cannot be served on Declarant at the above-referenced address because Declarant is no longer located at the address and Declarant has not provided the Claimant with an updated address, the Claimant may serve the claim notice on Declarant's agent for service of process under Civil Code Section 912(e) on file with the California Secretary of Stut.,r office in Sacramento, California. The current telephone number and website for the Secretary of State,s office are (916) 653.3984 and www.sos.ca.gov. Written request can be mailed to the California Secretary of State, Special Filing, P.O. Box 942877 , Sacramento, California , 94277 -0001 . (G) Notice of ll/ater Intrusion. Notwithstanding any other provision herein, in the event there is intrusion of water into any Residential Unit or in any Common Area, Exclusive Use Common Areas or Common Facilities (including, without limitation, as a result of any roof, window, siding or other leaks, including plumbing leaks), and whether or not the cause of such water intrusion constitutes a Repair Issue, the owner of the affected Residential Unit, or the Association in the oase of water intrusion in the Common Area, Exclusive Use Common Areas or Common Facilities, shall be obligated to immediately notify Declarant and any Construction Participant (as applicable) of such event. In addition, the owner or Association, ai the case may be, shall take all necessary and appropriate action to stop any such water intrusion. Declarant and any Construction Participant (as applicable) shall thereafter have all ofthe rights specified in Civil Code Section 910 et seq., and in this Section 10.01 among other things, to inspect the condition, the right to assess the likelihood of mold or mildew, and to offer recommendations for mitigation of mold or mildew. Each owner and the Association shall be obligated to take all reasonable steps to mitigate any possible spread or accumulation of mold or mildew. Nothing herein shall obligate Declarant or any Construction Participant to take any action, nor shall uny iightr of Declarant or any Construction Participant under this subsection (G) constitute an admission or acknowledgment that any causes of water intrusion are the result of defective construction or design. The failure of any owner or the Association, as the case may be, to timely notify Declarant and any Construction Participant (as applicable) of any such water intrusion shall be cause to 36 deny future claims against Declarant or any Construction Participant relating thereto, which claims could have been mitigated had earlier action been taken. (H) No Additional Obligations, Irrevocability and Waiver of Right Nothing set forth in this Section 10.01 is intended, nor shall be construed as, extending any applicable statute of limitations, or imposing any obligation on Declarant any Construction Participant to inspect, test, repair or replace any item or address any Repair Issue for which Declarant or such Construction Participant is not otherwise obligated. The right of Declarant and Construction Participant to enter, inspect, test, repair or replace reserved hereby shall be irrevocable and may not be waived or otherwise terminated except by a writing executed and recorded by Declarant in the Official Records of the County. (I) Amendment of Section. This Section 10.01 shall not be amended without the prior written consent of Declarant.

10.02 Repair Issues; Association as Claimant.
(A) Notice to Members. If the Association is a Claimant, it must provide written notice to all Members prior to initiation of arbitration (or judicial reference proceeding) against Declarant or any Construction Participant, which notice shall include all of the following:
(a) Description A description of the Repair Issue.
(b) Attempts to Address. A description of the attempts of Declarant or Construction Participant to address such Repair Issue and the opportunities provided to Declarant or such Construction Participant to address such Repair Issue. (c) Scope of lYork. A description ofthe scope ofwork necessary to address such Repair Issue to the extent known, or an explanation as to why such a description is not obtainable or appropriate.
(d) Estimated Cost. The estimated cost to satisfactorily address the Repair Issue to the extent known.
(e) Board Statement. An affirmative statement from the Board that the action is in the best interests of the Association and its Members. (0 Notice of Meeting. That a meeting'will take place to discuss the matter, and the time and place of such meeting.
(g) Options to Address. The options available to address the problems.
(h) Proposed Contract. A description of the proposed contract or affangement between the Association and the attorney retained by the Association to pursue the claim against Declarant or Construction Participant.
37 (i) Estimated Legal Expenses. The estimated attorneys, fees and expert fees and costs necessary to pursue the claim and the source of the funds which will be used to pay such fees and expenses.
(B) Incurring Legal Expenses by Association. The Association shall not incur legal expenses, including attorneys' fees, where the Association initiates arbitration (or judicial reference proceeding) or is joined as a plaintiff in legal proceedings, without the affirmative vote or written consent of the majority of the Voting Power of the Association, excluding the voting power of any Member who would be a defendant in such arbitration or proceedings againsi Declarant or Construction Participants for a Repair Issue. Except as provided in Section Z.-OS(B) of the Bylaws, the Association must finance any such legal proceiding with monies that are specifically collected for same and may not use reserve funds or other monGs collected for specific Association obligations other than legal fees. In the event that the Association commences any arbitration (or judicial reference proceeding) described herein, a Member must give notice to prospective purchasers of his/her interest in the Development of such arbitration (or judicial reference proceeding) and must provide such prospective purchasers with a copy of the notice received from the Association in accordance with this subsection (B). (C) Amendment. This Section 10.02 shall not be amended without the prior written consent of Declarant.

10.03 REPAIR ISSUES; ARBITRATION.
(A) SUBMITTAL TO BINDING ARBITRATION. IF: (D THE

CLAIMANTO DECLARANT OR CONSTRUCTION PARTICIPANT ARE UNABLE TO

RESOLVE THE REPAIR ISSUE PURSUANT TO THE PRT,LITIGATION AND NONADVERSARIAL PROCEDURES IN CM CODE SECTION 910 et seq.; (ii) ANY

REPAIRS UNDERTAKEN BY DECLARANT OR CONSTRUCTION PARTICIPANT PURSUANT To cIuL coDE sEcrIoN 917 et seq., HAyE Nor RESoLVED THE REPAIR rssuE; oR (iii) CLAIMANT, DECLARANT oR coNsrRUCTroN

PARTICIPANT F'AILS TO FOLLOW THE PROCEDURES OR TO MEET THE DEADLINES sET FORTH rN cIvIL coDE SEcrIoN 910 et seq., THEN THE RESOLUTION OF THE REPAIR ISSUE SHALL BE DETERMINED BY BINDING ARBITRATION IN ACCORDANCE WITH THIS SECTION 10.03.
(B) JAMS. ALL DISPUTES SUBMITTED TO BINDING

ARBITRATION'PURSUANT TO THIS DECLARATION SHALL BE DETERMINED BY

AND PURSUANT TO THE ARBITRATION RULES AND PROCEDURES OF JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC. (.,JAMS") IN EFFECT AT THE TIME OF THE INITIATION OF THE ARBITRATION. IN THE EVENT JAMS IS FOR ANY REASON UNWILLING OR UNABLE TO SERVE AS THE ARBITRATION

SERVICE, THE PARTIES SHALL SELECT ANOTHER REPUTABLE ARBITRATION SERVICE. IF THE PARTIES ARE UNABLE TO AGREE ON AN ALTERNATE

SERVICE, THEN A PARTY MAY PETITION THE SUPERIOR COURT IN SANTA BARBARA COUNTY, CALIFORNIA TO APPOINT EITHER AN ALTERNATE

SERVICE OR AN ARBITRATOR, AND SUCH APPOINTMENT BY THE COURT SHALL BE BINDING ON THE PARTIES. THE RULES AND PROCEDURES OF THE 38 ALTERNATIVE ARBITRATION SERVICE IN EFFECT AT THE TIME THE REQUEST FOR ARBITRATION IS SUBMITTED SHALL BE FOLLOWED. IF THE COURT

APPOINTS AN ARBITRATOR INSTEAD OF AN ALTERNATE SERVICE, THE

ARBITRATION SHALL BE CONDUCTED UNDERAND PURSUANT TO CALIFORNIA coDE oF clvll, pRocEDURE SECTIONS 1282-1284.2, BUT NOT INCLUDING SECTION 1283.05 AND EXCEPT AS THOSE RULES MAY BE MODIFIED HEREBY. (C) TIMELINESS. THE ARBITRATION SHALL BE CONDUCTED IN
A TIMELY MANNER. THE ARBITRATOR SHALL BE APPOINTED WITHIN SIXTY (60) DAYS FROM THE SUBMITTAL OF THE DISPUTE TO BINDING ARBITRATION.

THE ARBITRATION SHALL COMMENCE AS SOON AS POSSIBLE THEREAFTER

AND BE CONCLUDED IN A TIMELY MANNER, INCLUDING THE ISSUANCE OF' THE ARBITRATOR'S DECISION.
(D) FEDERAL ARBITRATION ACT. THE ASSOCIATION, AND

EACH MEMBER BY ACCEPTANCE OF A DEED TO A CONDOMINIUM, EXPRESSLY

AGREE AND ACKNOWLEDGE THAT THIS DECLARATION INVOLVES AND CONCERNS INTERSTATE COMMERCE AND IS GOVERI\{ED BY THE PROVISIONS OF THE FEDERAL ARBITRATION ACT (9 U.S.C. SECTION I et seq.\ NOW IN EFFECT

AND AS THE SAME MAY FROM TIME TO TIME BE AMENDEDO TO THE

EXCLUSION OF ANY DIF'FERENT OR INCONSISTENT STATE OR LOCAL LAW, ORDINANCE, REGULATION, OR JUDICIAL RULE. ACCORDINGLY, ANY AND ALL

DISPUTES SHALL BE ARBITRATED WHICH ARBITRATION SHALL BE

MANDATORY AND BINDING - PURSUANT TO THE FEDERAL ARBITRATION ACT

AND THE CALTFORNTA ARBITRATTON ACT (CALTFORNTA CODE OF CML PROCEDURE SECTION 1280 et seq.) TO THE EXTENT THE CALIFORNIA

ARBITRATION ACT IS NOT INCONSISTENT WITH THE FEDERAL ARBITRATION ACT. TO THE EXTENT THAT ANY STATE OR LOCAL LAW, ORDINANCE,

REGULATIONO OR JUDICIAL RULE SHALL BE INCONSISTENT WITH THIS

ARBITRATION AGREEMENT AND ANY PROVISION OF THE RULES OF THE

ARBITRATION SERVICE UNDER WHICH THE ARBITRATION PROCEEDING

SHALL BE CONDUCTED, THIS ARBITRATION AGRI,EMENT AND SUCH RULES SHALL GOVERN THE CONDUCT OF THE PROCEEDING.
(E) SELF-EXECUTING ARBITRATION AGREEMENT. THIS

ARBITRATION AGREEMENT SHALL BE DEEMED TO BE A SELF-EXECUTING ARBITRATION AGREEMENT. ANY DISPUTE CONCERNING THE

INTERPRETATION OR THE ENFORCEABILITY OF THIS ARBITRATION

AGREEMENT, INCLUDING, WITHOUT LIMITATION, ITS REVOCABILITY OR

VOIDABILITY FOR ANY CAUSE, ANY CHALLENGES TO THE ENFORCEMENT OR

THE VALIDITY OF THIS DECLARATION, OR THIS ARBITRATION AGREEMENT,

OR THE SCOPE OF ARBITRATABLE ISSUES UNDER THIS ARBITRATION

AGREEMENT, AND ANY DEFENSE RELATING TO THE ENFORCEMENT OF THIS

ARBITRATION AGREEMENT, INCLUDING, WITHOUT LIMITATION, WAIVER,

ESTOPPEL, OR LACHES, SHALL BE DECIDED BY AN ARBITRATOR IN

ACCORDANCE WITH THIS ARBITRATION AGREEMENT AND NOT BY A COURT OF LAW.
39 (F) PARTIES. THIS ARBITRATION AGREEMENT SHALL INURE TO THE BENEF'IT OF, BIND AND BE ENFORCEABLE BY AND AGAINST EACH MEMBER' THE ASSOCIATION, DECLARANT AND CONSTRUCTION PARTICIPANTS.
(G) ATTORNEYS' FEES. EACH PARTY SHALL BEAR ITS OWN ATTORNEYS' FEES AND COSTS (INCLUDING EXPERT COSTS) FOR THE ARBITRATION.
(H) AUTHORITY OF ARBITRATOR. THE ARBITRATOR SHALL BE

AUTHORIZND TO PROVIDE F'OR ALL RECOGNIZED REMEDIES AVAILABLE IN

LAW OR IN EQUITY FOR ANY CAUSE OF'ACTION THAT IS THE BASIS OF' THE ARBITRATION, INCLUDING COMPENSATORY DAMAGES. THE AWARD OF' THE ARBITRATOR SHALL BE FINAL, CONCLUSIVE AND BINDING, AND SHALL NOT BE SUBJECT TO ANY JUDICIAL OR OTHER REVIEW OR APPEAL. AN APPLICATION To CONFIRII' vAcATE, MODIFY oR CORRECT ANY AWARI)

RENDERED BY THE ARBITRATOR SHALL BE FILED IN THE SUPERIOR COURT IN *10.1 COUNTY, CALIFORNIA.
(D PARTICIPATION IN JUDICIAL PROCEEDING. THE

PARTICIPATION BY ANY PARTY IN ANY JUDICIAL PROCEEDING CONCERNING THIS ARBITRATION AGREEMENT OR ANY MATTER ARBITRATABLE

HEREUNDER SHALL NOT BE ASSERTED ORACCEPTED AS A REASON TO DELAYO TO REF'USE TO PARTICIPATE IN, OR TO REFUSE TO ENFORCE ANY ARBITRATION UNDER THIS SECTION 10.03. Error! Reference source not found. (J) FEES AND COSTS OF ARBITRATION. THE FEES AND COSTS TO INITIATE THE ARBITRATION SHALL BE PAID BY DECLARANT OR CONSTRUCTION PARTICIPANT. THE REMAINING FEES AND COSTS SHALL BE PAID AS AGREED BY THE PARTIES. IF THE PARTIES CANNOT REACH AN

AGREEMENT, THE F'EES AND COSTS OF THE ARBITRATION AND THE ARBITRATOR SHALL ULTIMATELY BE BORNE AS DETERMINED BY THE ARBITRATOR IN HIS/HER AWARD.
(K) NEUTRAL ARBITRATOR. THE ARBITRATOR APPOINTED TO
SERVE SHALL BE A NEUTRAL AND IMPARTIAL INDIVIDUAL. ANY PARTY MAY CHALLENGE THE ARBITRATOR APPOINTED ON THE GROUNDS OF'BIAS. (L) VENUE. THE VENUE OF THE ARBITRATION SHALL BE IN

SANTA BARBARA COUNTY, UNLESS THE PARTIES AGREE IN WRITING TO ANOTHER LOCATION.
(M) UNENFORCEABILITY OF ANY PROVISION. IF ANY PROVISION OF THIS ARBITRATION AGREEMENT SHALL BE DETERMINED TO BE

UNENFORCEABLE OR TO HAVE BEEN WAIVED, THE REMAINING PROVISIONS SHALL BE DEEMED TO BE SEVERABLE THEREFROM AND ENFORCEABLE ACCORDING TO THEIR TERMS.
40 (N) NOTICE. THE ASSOCIATION, AND EACH MEMBER BY

ACCEPTANCE OF A DEED TO A CONDOMINIUM, AGREE TO HAVE ANY DISPUTE DESCRTBED rN SECTTONS 10.01 AND 10.02 ABOVE, TNCLUDTNG CLAIMS AGATNST

DECLARANT AND/OR CONSTRUCTION PARTICIPANTS, DECIDED BY NEUTRAL,

BINDING ARBITRATION IN ACCORDANCE WITH THE FEDERAL ARBITRATION

ACT AND THE CALIFORNIA ARBITRATION ACT, TO THE EXTENT THE

CALIFORNIA ARBITRATION ACT IS NOT INCONSISTENT WITH THE FEDERAL

ARBITRATION ACT, AND THE ASSOCIATION AND SUCH MEMBER

ACKNOWLEDGE THAT HE/SHE/IT ARE VOLUNTARILY AND KNOWINGLY

GIVING UP ANY RIGHT HE/SHE/IT MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL OR OTHER PROCEEDING. THE

ASSOCIATION, AND EACH MEMBER BY ACCEPTANCE OF' A DEED TO A

CONDOMINIUMO ARE GIVING UP HIS/HER/ITS JUDICIAL AND STATUTORY RTGHTS TO DISCOVERY, TRrAL AND APPEAL, EXCEPT TO WHATEVER EXTENT

ANY RIGHTS ARE SPECIF'ICALLY INCLUDED IN THIS ARBITRATION AGREEMENT. IF' A MEMBER OR THE ASSOCIATION REF'USES TO SUBMIT TO ARBITRATION: (D SUCH PARTY MAY BE COMPELLED TO ARBITRATE UNDER

THE FEDERAL ARBITRATION ACT AND THE CALIFORNIA ARBITRATION ACTO

TO THE EXTENT THE CALIFORNIA ARBITRATION ACT IS NOT INCONSISTENT WITH THE F,EDERAL ARBITRATION ACT; OR (iD ARBITRATION MAY GO FORWARD IN THE ABSENCE OF'THE REFUSING PARTY.
(o) AcrroNS COMBTNING COVERED AND OTHER RELATED
CLAIMS. IF' ANY DISPUTE, ACTION OR CLAIM, INVOLVING ONE OR MORE

REPAIR ISSUES, COMBINES CAUSES OF ACTION OR DAMAGES DISTINCT FROM

SUCH REPAIR ISSUES, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURIES, CLASS ACTIONS, OTHER STATUTORY REMEDIESO AND FRAUD.

BASED CLAIMS, THEN ANY AND ALL SUCH CLAIMS SHALL BE ADMINISTERED

ACCORDING TO THE ABOVE PROCEDURES IN THE MANNER SET FORTH IN CIVIL CODE SECTION 931.
(P) JUDICIAL REFERENCE. SOLELY IN THE EVENT THAT THE

FOREGOING BINDING ARBITRATION PROVISIONS SHOULD BE CHALLENGED

AND HELD NOT TO APPLY OR HELD INVALID, VOID OR UNENFORCEABLE FOR

ANY REASONO DECLARANT' THE ASSOCIATIONO AND EACH MEMBER AGREE THAT:
(a) ANY CLAIM AS SET FORTH ABOVE' SHALL

THEREAFTER BE HEARD BY A REFEREE IN A JUDICIAL REFERENCE

PROCEEDING PURSUANT TO CALIFORNIA CODE OF CML PROCEDURE, sEcrroNs 638 THROUGH 645.2, AND/OR ANy SUCCESSOR AND/OR COMPANION

STATUTE(S), AND THIS GENERAL REFERENCE AGREEMENT IS INTENDED TO BE SPECIFICALLY ENFORCEABLE IN ACCORDANCE WITH SECTION 638. (b) uPoN THE FILING OF A COMPLAINT GMNG

RISE TO SUCH A REFERENCE PROCEEDING, THE PARTIES SHALL ENDEAVOR

TO AGREE UPON A RETIRED SUPERIOR COURT JUDGE OR COURT OF APPEALS 41 JUSTICE FROM THE THEN CURRENT PANEL OF RETIRED JUDGES ASSOCIATED

WITH JAMS, OR SUCH OTHER COMPARABLE JUDICIAL DISPUTE RESOLUTION

SERVICE AS APPROVED BY THE PARTIES, WHICH RETIRED JUDGES ARE

AVAILABLE TO SERVE AS REFEREES IN THE COUNTY OF VENUE (VENUE

SHALL BE IN SANTA BARBARA COUNTY, CALIFORNIA, UNLESS THE PARTIES AGREE TO SOME OTHER LOCATION). IF THE PARTIES ARE UNABLE TO AGREE uPoN A PERSON TO SERVE AS REFEREE WTTHTN THTRTY (30) DAYS AFTER THE

SERVICE OF SUCH COMPLAINTO OR IF THE PERSON SELECTED BY THE PARTIES

AS REFEREE IS NOT AVAILABLE OR WILLING TO SERVE AND THE PARTIES CANNOT AGREE ON AN ALTERNATE WITHIN FIF'TEEN (I5) DAYS AFTER BEING

NOTIF'IED OF SUCH REFEREE'S UNAVAILABILITY OR UNWILLINGNESS TO

SERVE, THEN ANY PARTY MAY FILE A PETITION WITH THE COURT TO HAVE A

REF'EREE APPOINTED PURSUANT TO CALIF'ORNIA CODE OF CIVL PROCEDURE, SECTTONS 638 - 640.
(c) THE PARTIES SHALL ADVANCE, IN EQUAL

SHARES, THE FEES AND EXPENSES OF THE REFEREE SELECTED PURSUANT TO THIS SECTION; PROVIDED, HOWEVER, THAT THE LOSING PARTY oR PARTIES

IN ANY SUCH REFERENCE PROCEEDING MAY, IN ADDITION TO PAYING ANY

JUDGMENT AWARDED BY THE REFEREE, BE ORDERED TO REIMBURSE THE

PREVAILING PARTY OR PARTIES FOR ANY AND ALL FEES AND EXPENSES INCURRED IN CONNECTION WITH THE REFERENCE PROCEEDING. JUDGMENT

UPON THE AWARD RENDERED BY THE REFEREE MAY BE ENTERED IN ANY

COURT HAVING JURISDICTION THEREOF, AND SHALL BE BINDING UPON ALL PARTIES, THEIR SUCCESSORS AND ASSIGNS.
(d) THE PARTTES SHALL PROMPTLY AND

DILIGENTLY COOPERATE WITH ONE ANOTHER AND THE REFEREE, IN GOOD

F'AITH, TO ENSURE THAT ALL NECESSARY AND APPROPRIATE PARTIES ARE

INCLUDED IN THE REFERENCE PROCEEDING, AND THE PARTIES SHALL

PERFORM,IN GOOD FAITH, SUCH ACTS AS MAY BE REASONABLY NECESSARY TO PROMPTLY COMMENCE THE REFERENCE PROCEEDING BEFORE THE

REFEREE AND OBTAIN A PROMPT AND EXPEDITIOUS RESOLUTION OF' THE DISPUTE OR CONTROVERSY IN ACCORDANCE WITH THE TERMS HEREOF. THE

REFERENCE PROCEEDING SHALL COMMENCE ON A DATE AGREED TO BY THE

PARTIES, AND IF THE PARTIES CANNOT AGREE, THEN ON A DATE DETERMINED BY THE REFEREE.
(e) THE PARTIES SHALL BE ENTITLED To

DISCOVERY AND THE REFEREE SHALL OVERSEE DISCOVERY AND MAY MAKE

AND ENFORCE ALL DISCOVERY ORDERS IN THE SAME MANNER AS A TRIAL JUDGE IN THE SUPERIOR COURTS OF' THE STATE OF' CALIFORNIA. THE

PARTIES MAY PURSUE ALL FORMS OF DISCOVERY AVAILABLE IN THE

SUPERIOR COURTS OF THE STATE OF CALIFORIIIA, INCLUDING, WITHOUT LIMITATION' SITE INSPECTIONS' INTERROGATORIES, DEPOSITIONS, ADMISSTONS REQUESTS AND DOCUMENT REQUESTS.
42 (O THE SELECTED ORAPPOINTED REF'EREE SHALL

HAVE THE POWER TO DECIDE ALL ISSUES IN THE ACTION OR PROCEEDING,

WHETHER OF FACT OR OF LAW, AND SHALL HAVE THE POWER TO GRANT ALL LEGAL AND EQUITABLE REMEDIES, INCLUDING COMPENSATORY DAMAGES.

THE REFEREE SHALL NOT HAVE THE POWER TO AWARD PUNITIVE, SPECIAL AND/OR CONSEQUENTIAL DAMAGES.
(g) THE REF'EREE SHALL CONDUCT NEUTRAL AND

IMPARTIAL PROCEEDINGS IN ACCORDANCE WITH THE APPLICABLE RULES

OF JAMS OR SUCH OTHER JUDICIAL DISPUTE RESOLUTION PROVIDERO AS SELECTED BY THE PARTIES.
(h) No ACTION OF ANY PARTY IN CONNECTTON

WITH THE REF'ERENCE PROCEEDING SHALL BE DEEMED TO BE A WAIVER OF THE ATTORIIEY/CLIENT PRIVILEGE OR THE WORK/PRODUCT DOCTRINE. (D THE ASSOCIATION, AND EACH MEMBER BY

ACCEPTANCE OF A DEED TO A CONDOMTNIUM, ACKNOWLEDGE THAT,

PURSUANT TO THE ABOVE JUDICIAL REFERENCE PROVISTONS, HE/SHE/IT

VOLUNTARILY AND KNOWINGLY WAIVES AND COVENANTS NOT TO ASSERT

HIS/IIER/ITS CONSTITUTIONAL RIGHT TO TRIAL BY JURY OF ANY DISPUTES,

INCLUDING, BUT NOT LIMITED TO, CLAIMS AGAINST DECLARANT AND/OR

CONSTRUCTION PARTICIPANTS RELATING TO CONSTRUCTION DEFECTS,

MISREPRESENTATION OR FAILURE TO DISCLOSE MATERIAL FACTS, AND

COVENANTS AND AGREES THAT THIS WAIVER OF JURY TRIAL SHALL BE

BINDING UPON HIS/HER/ITS SUCCESSORS AND ASSIGNS AND UPON ALL

PERSONS AND ENTITIES ASSERTING RIGHTS OR CLAIMS OR OTHERWISE

ACTING ON BEHALF OF ANY MEMBER, THE ASSOCIATION, OR THEIR SUCCESSORS AND ASSIGNS.
c) rF ANY PART OF THIS SUB-SECTION (P)

CONFLICTS OR IS INCONSISTENT WITH THE JUDICIAL REFERENCE STATUTE (coDE oF cIvIL PROCEDURE SECTIONS 638-645.2), THEN THE JUDTCIAL REFERT,NCE STATUTE SHALL CONTROL.
(a) AMENDMENT OF SECTION. THIS SECTION Error! Reference source not found. SHALL NOT BE AMENDED WITHOUT THE PRIOR WRITTEN CONSENT OF'DECLARANT.

10.04 Recovery of Monetary Damages. If the Association or any Member recovers monetary damages from any party pursuant to the foregoing, the Association or Member shall first apply such funds to repair any defect that has resulted in the award of such damage (reasonable costs and attorneys' fees excepted). Included in the foregoing shall be the ability of the Association to fund reserves for the purpose of repairing the defect that has resulted in such award. If the Association has excess funds remaining after repair of such any defect by the Association, such funds shall be paid into the Association's reserve account. 43 This Section 10.04 shall not be amended without the prior written consent of Declarant.

10.05 Dispute Resolution.
(A) Except as otherwise set forth below, in any dispute between the Association and a Member involving their rights, duties and liabilities under the Management Documents or any other matters referred to in Civil Code Section 5900, the parties shall attempt to resolve the dispute pursuant to those Internal Dispute Resolution Procedures, either provided by the Association pursuant to Civil Code Section 5910 et seq., or as otherwise set forth in Civil Code Section 5915 et seq., as applicable.
(B) Neither the Association nor any Member shall file an enforcement action (as defined in Civil Code Section 5925(b)) unless the parties have attempted to resolve the dispute in the manner provided in subsection (A) above, as applicable. If not so resolved (or if Civil Code Section 5900 is inapplicable), the parties shall have endeavored to submit their dispute to alternative dispute resolution pursuant to Civil Code Section 5925 et seq., as applicable, prior to filing an enforcement action.

The provisions of this Section 10.05 shall not be applicable to any claims or actions against Declarant or Construction Participant or claims or actions to which it is a party relating to Repair Issues, as that term is defined in Section 10.01(A)(c) all of which shall be governed exciusively by Sections 10.01 to 10.04 of this Article X.

ARTICLE XI
General Provisions; Reports to Prospective purchasers
l1.U Interpretation: Inconsistency. The provisions of this Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the operation of the Development for the mutual benefit of all Members. If the provisions of this Declaration conflict with any of the provisions of the other Management Documents or the Condominium Plan, the provisions of this Declaration shall control.

11.02 Severability. The provisions herein shall be deemed independent and severable, and the invalidity or partial invalidity or unenforceability of any of these provisions shall not affect the validity of the remaining provisions.
11,03 Enforcement; Waiver. Except as otherwise provided in this Declaration, the Association and any Member shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants and reservations imposed by this Declaration. Failure by tlie Association, or by any Membero to enforce any covenant or restriction herein contained shall not be deemed a waiver of the right to do so thereafter.

I1.04 Binding on Successars. This Declaration shall be binding upon, and shall inure to the benefit of, the successors and assigns of Declarant, and the heirs, peisonal representatives, grantees, lessees, sublessees, contract purchasers, guests and assignees of the Members. 44 11.05 Attorneys'Fees Except as otherwise provided herein, in any action arising from rights and obligations established under this Declaration, including but not limited to actions for damages resulting from a breach of this Declaration or actions for specific enforcement hereof, the prevailing party shall be entitled to recover such a reasonable sum as the court, arbitrator, referee or other decision-maker may fix as attorneys' fees and costs.

11.06 Breaches: Effict on Liens A breach of any of the provisions of this Declaration will not render invalid or otherwise affect the lien of any Mortgage or deed of trust.

11.07 Reports to Prospective Purchasers
(A) In accordance with California Civil Code Section 912(h), Declarant has delivered to the first purchaser of each Condominium certain documents in conjunction with the original sale, including the following, and has instructed the first purchaser to retain such documents and provide copies to his/her subsequent purchaser:
(a) Civil Code Section 912(b): All maintenance and
preventative maintenance recommendations (including the Maintenance Manual described in Section 8.06);
(b) Civil Code Section 912(c): All manufactured products maintenance, preventative maintenance, and limited warranty information; (c) Civil Code Section 912(d)l All of Declarant's limited contractual warranties in effect at the time of the original sale; (d) Civil Code Section 912(e): Declarant's agent for
notice/service of process; and
(e) Civil Code Section 912(9): Sections 895-945.5 of the Civil Code ("S8800").

The subsequent purchaser shall instruct his or her purchaser to retain suph documents and to provide copies to the next purchaser of the Condominium. The foregoing shall remain in effect for as long as the provisions of California Civil Code Section 895-945.5 remain applicable. (B) In accordance with California Civil Code Section !525,the.lVlember shall, as soon as practicable before transfer of title to his/her Condominium or execution of a real property sales contract therefor (as defined in California Civil Code Section 2985), provide the following to the prospective purchaser (this section does not apply to an owner that is subject to the requirements of Section 11018.6 of the Business and Professions Code):
(a) Management Documents. A copy of the Management
Documents;
(b) Annual Budget Report; Annual Policy Statement. A copy of the Annual Budget Report and the Annual Policy Statement described in Civil Code Section 5300 and 5310, respectively, and in Article VII, Sections 7.03 and 7.04(8) of the Bylaws; 45 (c) Certfficate of Financial Information. A true statement signed by an authorized representative of the Association as to the amount of the Association's current general and special assessments and fees, as well as any assessments levied upon the Member's Condominium which are unpaid on the date of the statement, and any monetaiy fines or penalties levied on the Member's Condominium and unpaid on the date of the statement. The certificate shall also include true information on late charges, interest and costs of collection which, as of the date of the statement, are or may be made a Lien upon the Member's Condominium as set forth in California Civil Code Section 5650.
(d) Assessment Changes. Any change in the Association's current general and special assessments and fees which have been approved by the Board, but have not become due and payable as of the date disclosure is provided. (e) Notice of Alleged Violations. A copy or summary of any notice previously sent to the Member pursuant to Civil Code Section 5855 that sets forth any alleged violation of the Management Documents that remains unresolved. The notice shall not be deemed a waiver of the Association's right to enforce the Management Documents against the Member or the prospective purchaser of the Condominium with respect to any violation. (f) Minutes of Board Meetings.lf requested by the prospective purchaser, a copy of the minutes of the Board, excluding meetings held in executive sission, conducted over the previous twelve (12) months that were approved by the Board.

Upon written request, the Association shall, within ten (10) days ofthe mailing or delivery of the request, provide the Member with a copy of the requested items specified in this subparagraph (B) pursuant to Civil Code Section 4530. The Association may chaige a fee for this service, which shall not exceed the reasonable cost to prepare and reproduce the requested items.

ARTICLE XII
Architectural Control

12.01 Architectural Restrictions. Except for construction of improvements by Declarant, including those improvements made by Declarant as optional improvements to the Units, if any, no building, fence, wall or other structure shall be erected or maintained on or within the Developmento and no structural alterations, or exterior additions or changes, to the Condominiums, Common Areas, (ALT: Exclusive Use Common Areas) or Common Facilities, including, but not limited to, solar heating systems, air conditioners, landscaping, stonework, concrete work, paint, awnings, patio covers, mechanical, plumbing or electrical facilities (including any plumbing, electrical or other work which would result in the penetration of the finished surfaies of the ceilings, wall or floors), shall be made until complete plans and specifications showing the nature, kind, shape, height and materials, including the color ("Plans and Specifications"), have been submitted to and approved in writing by the Board. Without limitation upon the foregoing, the Board shall evaluate the impact which such improvements may have on the other Condominiums, the Common Area, the Development and the harmony of design and location of such improvements in relation to surrounding structure, landscaping and topography of the Development. Subject to Sections 12.07 and 12.10 below and the provisions-of Civil Code 46 Sections 47 60 and 47 65 ,
the Board shall approve or disapprove such Plans and Specifications at a duly constituted meeting within forty-five (45) calendar days after all of said Plans and Specifications requested by the Board have been submitted to it. If the Board fails to do so, such approval will not be required, and the Member proposing such items shall be deemed to have fully complied with this Section.

12.02 No Waiver. The approval by the Board of any Plans and Specifications for any work done or proposed or in connection with any other matter requiring the approval of the Board under this Declaration shall not be deemed to be or constitute a waiver of any right to withhold approval as to any similar plan, specification or matter whenever submitted for approval. In addition, the Board's failure to act shall not be deemed to be or constitute a waiver of any right to review subsequent plans and specifications within the purview of the Board.

12.03 Disclaimer of Liability. The Board, and any member thereof, shall not be liable to any Member for any damage, loss or prejudice suffered or claimed on account of:
(A) The approval or disapproval of Plans and Specifications, whether or not defective;
(B) The construction or performance of any worko whether or not pursuant to approved Plans and Specifications; or
(C) Damage to the Unit or any property within the Development. (D) The development or manner of development of any property within the Development; provided, however, that the Board and such member have acted in good faith.

12.04 Variunces. Where circumstances, such as topography, location or property lines, location of trees, or other matters require, the Board may allow reasonable variances as to any of the covenants, conditions or restrictions contained in the Management Documents of the Board on such terms and conditions as it shall require; provided, however, that all such variances shall be in keeping with the general plan for the improvement and development of the Development. Such variances shall not waive the right of the Board to require strict adherence to this Declaration in all other circumstances.

12.05 No Right to Modify. Each Member acknowledges and understands that he or she has absolutely no right or ability to modifu the exterior or any structural elements of his/her Condominium in any manner, unless otherwise provided by the Board.

12.06 Building Guidelines. The Board may, from time to time, and in its sole discretion, adopt, amend and repeal rules and regulations to be known as "Building Guidelines" that interpret or implement the provisions of this Declaration with respect to construction or alteration of improvements. Such building guidelines shall be consistent with the requirements of Civil Code Section 4765. The Building Guidelines among other things shall interpret and implement the provisions hereof by setting forth guidelines for architectural design of improvements, placement of improvements, color schemes, exterior finishes and materials and similar features which are recommended for use in the Development; provided, however, that said Building Guidelines shall 47 not detract from or conflict with the standards required by this Declaration. The Building Guidelines may also include such other limitations and restrictions as the Board shall adopt including, without limitation, regulations of the following: construction, reconstruction, exterior addition, change or alternation to or the maintenance of any buildingo structure, wall or fence, including, without limitation, the nature, kind, shape, height, materials, exterior color and surface and location, or other improvements of any kind. In the event of any inconsistency between this Article XII, on the one hand, and the Building Guidelines, if any, on the other hand, for former shall control.

12.07 Compliance. With respect to compliance with the architectural controls of this Declaration, the following rules shall apply in addition to those set forth elsewhere in this Declaration:
(A) If approved, the Member may proceed to construct the improvements at the Member's cost, and shall hold the Association and the owners of the other Condominiums harmless from all liability arising out of any injury or damage to any persons or property occuring in, on or about the Residential Units or Common Areas arising from or related to the construction. (B) All improvements approved or deemed approved under this Article XII shall be completed within six (6) months after such approval, unless extended by the Board upon request of the Member.
(C) The exterior color of any improvement cannot be changed from that existing on the date of this Declaration without the consent of the Board. (D) Any duly authorized agent of the Board may at any reasonable time enter and inspect any Condominium and those portions of an improvement covered by this Declaration, if the Board believes that a violation of any part of this Declaration is occurring or has occurred. (E) All improvements shall conform to and be constructed in accordance with all applicable governmental regulations, including zoning ordinances of the City of Carpinteria. (F) If the improvements require a modification to the Condominium, then within thirty (30) days after the City of Carpinteria shall have made its final inspection of the completed improvements as approved by the Board, the Board shall comm"n." ih. process of complying with Civil Code Section 4295 and shall seek to obtain written approval of such modification from the Members and from the trustees or beneficiaries of Oeeds of trust, or mortgagees of mortgages, as required by said Section 4295.lJpon satisfactorily complying with the foregoing, the Board shall cause to be recorded in the office of the Recordei of Santa Barbara County the Condominium Plan modified as above set forth, and the Member and the Board shall execute and cause to be recorded in the office of the Recorder of SantaBarbaraCounty, California a Notice of Modification to Condominiums or similar instrument, which among other things shall:
(1) refer to this Declaration as recorded in the office of the Recorder of said County; (2) refer to the modified Condominium Plan as recorded in the office of the Recorder of said County; and (3) state the date on which final inspection was made by said County. Thereafter, the Unit shall be deemed modified by the approved and completed improvements. Concurrent with recordation of the Notice, the Member shall execute and cause to be recorded in the office of the Recorder of 48 said County a Grant Deed conveying to all owners, an equal, undivided interest in those portions of the structural components deemed Common Facilities pursuant to Section 1.08 above.

Thereafter, except for external improvements constructed pursuant to Civil Code Section a760(a)(2), such improvements will be deemed Common Facilities for all purposes hereunder.

12.08 Appointment of Architectural Committee. The Board shall have the right to delegate its review and approval rights under this Article XII to an Architectural Committee. If the Board so elects, the Architectural Committee shall consist of three (3) members. One (l) alternate member may be designated by the Board to act as a substitute on the Architectural Committee in the event of absence or disability of any member. In the event the Board appoints an Architectural Committee, all rights hereunder shall apply to the Architectural Committee and all references to the Board shall be deemed to refer to the Architectural Committee. The members of any Architectural Committee appointed to the Board shall receive no compensation for services rendered other than reimbursement by the Association for expenses incurred by them in the performance of their duties hereunder, unless the Association retains a professional architect, engineer or designer as a member of the Architectural Committee for the purpose of providing professional services, in which event reasonable compensation for such member shall be approved by the Board

12.09 Interpretation. All questions of interpretation or construction of any of the terms or conditions of this Article XII shall be resolved to the Board, and its decision shall be final, binding and conclusive on all of the parties affected. In the event an Architectural Committee is appointed by the Board pursuant to Section 12.08 and the Architectural Committee disapproves any Plans and Specifications submitted by a Member pursuant to this Article, the party or parties making such submission may appeal in writing to the Board. The Board must receive the written request for approval not more than thirty (30) days following the final decision of the Architectural Committee. Within thirty (30) days following receipt of the written request for appeal, the Board shall render its written decision. The failure of the Board to render a decision within the thirty (30) day period shall be deemed an approval of the appeal.

12.10 Mechanics' Liens. No Member may cause or permit any mechanic's lien to be filed against Common Area, Common Facilities, or another Member's Cpndominium for labor or materials alleged to have been furnished or delivered to the Member. Any Member who permits a mechanics' lien to be so filed shall cause the lien to be discharged within five (5) days after notice to the Member from the Board. If the Member fails to remove such mechanics' lien, the Board may discharge the lien and levy a Special Assessment against the violating Member's Condominium to recover the cost of discharge.

12.11 Enforcemenl. Subject to the provisions of Section 10.05 above, upon any violation of the architectural control provisions of this Declaration, the Building Guidelines then in effect or the conditions of any permission or approval given by the Board, the Board shall seek to enforce the provisions of this Declaration, the Building Guidelines and such other applicable conditions of approval by any proceeding at law or in equity and may utilize either or both of the following remedies in addition to such other recourse as is provided in this Declaration:
(A) The Board may restore the affected Condominium to its state existing immediately prior to such violation, and the owner of the Condominium shall reimburse the 49 Association for all expenses incurred by it in exercising its rights and obligations under this subsection (A). Such amounts may be assessed to the Condominium as a special assessment pursuant to Section 6.03(A)(a) above.
(B) The Board may notify the Member to restore the affected Condominium to its state existing immediately prior to the violation, and provide the Member reasonable time in which to do so. If the Member fails to comply with the request within the provided time period or any authorized extension, the Association may impose a fine pursuant to the Bylaws in an amount not to exceed One Hundred Dollars ($100.00) per day per violation as such sum may be adjusted annually for inflation in accordance with the Consumer Price Index or comparable index after the recording of this Declaration, and such penalty may be collected as a special assessment pursuant to Section 6.03(A)(c).

Failure of the Board to require a Member to conect a violation of this Declaration upon first discovery by the Board shall not be deemed a waiver ofthe Board's rights to require correction of such violation at a later time or to make corrections of all existing violations a irecondition to the Board's approval of other matters requested by a Member.

12.12 Assessment. In the event the square footage of the "LA" airspace element (Living Area) associated with such Residential Unit increases in an amount that is greater than ten percent (10%) of the "LA" airspace element (Living Area) originally associated with such Residential Unit, as a result of any improvement, the general assessment apportioned against such Residential Unit pursuant to subsection 6.02(C) above, shall likewise increase. The increase in assessments shall be in proportion to the ratio that the increase in the square footage of the "LA" airspace element (Living Area) associated with the Residential Unit bears to the square footage of the .,LA,, airspace element (Living Area) associated with the Residential Unit as oiiginally constructed.

ARTICLE XIII
Duration and Amendment

13.01 Term: The provisions contained herein shall run with the land and shall be binding on all parties and all persons claiming under them until fifty (50) years from the date hereof, after which time this Declaration shall be deemed automatically extended for successive periods of twenty-one (21) yearc, unless an instrument executed by two-thirds (2/3rds) of the Voting power of the Association shall be recorded, canceling and terminating this Declaration.

13.02 Amendment. This Declaration may be amended or repealed in whole or part as to all or any part of the Development as follows:
(A) If, at the time all of the Development is owned solely by Declarant, the Declaration may be amended or repealed by Declarant alone. (B) After the sale of the first Condominium, the Declaration may be amended or repealed by the affirmative vote two-thirds (2/3rds) of the Voting Power of the Association.

Any vote of the Members regarding any amendment or repeal of this Declaration shall be conducted in accordance with the procedures set forth in the Rules Governing Elections adopted 50 by the Association pursuant to Section 4.04 of the Bylaws (or if not so adopted, pursuant to Civil Code Sections 5100 - 5145).
(C) The amendment must be in writing. Pursuant to Civil Code Section 4270, attached or appended to the amendment shall be the wriffen certification of the Officer designated by the Board, but if no one is so designated, by the President of the Association that such writing contains the amendment to the Declaration and that such amendment was approved by the percentage of the votes of the Members required by the Declaration. Such amendment shall then be recorded in the office of the Recorder of Santa Barbara County, California.

Notwithstanding the foregoing, the voting power required to amend a specific provision of the Declaration shall not be less than the percentage of affirmative votes required for action to be taken under that provision.

IN WITNESS WHEREOF, the foregoing instrument was subscribed the day and year first above written.

Surf Cottages, LLC, a California limited liability
company
Michael Haber, Manager
5l
A notary public or other officer completing this
individual who signed the document to which th
truthfulness, accuracy, or validity of that document.
certificate verifies only the identity of the
is certificate is attached, and not to the

STATE OF CALIFORNIA

COUNTY OF
On beforeffi€, ,aNotary
Public, personally who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certifr under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
(Place Notary Seal Above)
Signature of Notary Public
)
)
)
SS
52 EXHIBIT "A"

LEGAL DESCRIPTION OF THE REAL PROPERTY

THE LAND REFERRED TO HERETN BELOW IS SITUATED IN THE CITY OF

CARPINTERIA, IN THE COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

LOT 7 IN BLOCK 48 OF THE TOWN OF CARPINTERIA, TN THE COLINTY OF SANTA

BARBARA, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF RECORDED IN TRACK NO. 2, MAP NO. 4 IN THE OFFICE OF THE COUNTY RECORDER OF SANTA BARBARA COLTNTY.

TOGETHER WrrH THE SOUTHEASTERLY U2 OF ASH STREET (NOW ABANDONED)

LYING NORTHWESTERLY OF AND ADJACENT TO THE NORTHWESTERLY LINE OF SAID LOT 7 IN BLOCK 48 OF THE TOWN OF CARPINTERIA.

APN: 003-301-020
53 Exhibit o'B"

SAMPLE GRANT DEED

MAIL TAX STATEMENTS AND
WHEN RECORDED MAIL TO:

Order No.:

Escrow No,

APN SPACE ABOVE THIS LINE IS FOR RECORDER'S USE

GRANT DEED
THE UNDERSIGNED GRANTOR(S) DECLARE(S): DOCUMENTARY TRANSFER TAX IS $ Barbara County, California, and any amendments
Conditions and Restrictions is incorporated into thi
as though fully set forth in said Deed."
_ Computed on full value ofproperty conveyed, or
-
Computed on full value less liens and encumbrances remaining at time of sale. x City of Santa Barbara
For valuable consideration, receipt ofwhich is hereby acknowledged, SURF COTTAGES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, GTantoT hereby GRANT(S) to "To Be Determined", Grantee,
the real property located in City of Carpinteria, County of Santa Barbara, State of Califomia, described as follows:

See attached Exhibit A, incorporated by reference to this document. "This Deed is executed, delivered and accepted subject to all the covenants, conditions and restrictions, easements, assessments, provisions for liens and charges, and all other matters contained in the Declaration of Covenants, Conditions and Restrictions for the Surf Cottages recorded as Inst. No of Official Records of Santa
thereto, which said Declaration of Covenants,
s Grant Deed by reference with the same effect
Dated:

Surf Cottages, LLC, a California
limited liability company
MichaelHaber, Manager
54 EXHIBIT "C"
4035. (a) If a provision of this act requires that a document be delivered to an association, the document shall be delivered to the person designated in the annual policy statement, prepared pursuant to Section 5310, to receive documents on behalfofthe association. Ifno person has been designated to receive documents, the document shall be delivered to the president or secretary of the association.
(b) A document delivered pursuant to this section may be delivered by any of the following methods:
(l) By e-mail, facsimile, or other electronic means, if the association has assented to that method of delivery.
(2) By personal delivery, if the association has assented to that method of delivery. If the association accepts a document by personal delivery it shall provide a written receipt acknowledging delivery of the document
(3) By personal delivery, if the association has assented to that method of delivery. If the association accepts a document by personal delivery it shall provide a written receipt acknowledging delivery of the document. 4040. (a) If a provision of this act requires that an association deliver a document by "individual delivery" or "individual notice," the document shall be delivered by one of the following methods:
(1) First-class mail, postage prepaid, registered or certified mail, express mail, or overnight delivery by an express service carrier. The document shall be addressed to the recipient at the address last shown on the books of the association. (2) E-mail, facsimile, or other electronic means, if the recipient has consented, in writing, to that method of delivery. The consent may be revoked, in writing, by the recipient.
(b) Upon receipt of a request by a member, pursuant to Section 5260, identifying a secondary address for delivery of notices of the following types, the association shall deliver an additional copy of those notices to the secondary address identified in the request:
(l) The documents to be delivered to the member pursuant to Article 7 (commencing with Section 5300) of Chapter 6.
(2) The documents to be delivered to the member pursuant to Article 2 (commencing with Section 5650) of Chapter 8, and Section 5710. 55 (c) For the purposes of this section, an unrecorded provision of the governing documents providing for a particular method of delivery does not constitute agreement by a member to that method of delivery.
4045. (a) If a provision of this act requires "general delivery" or "general notice," the document shall be provided by one or more of the following methods:
(l) Any method provided for delivery of an individual notice pursuant to Section 4040.
(2) Inclusion in a billing statement, newsletter, or other document that is delivered by one of the methods provided in this section. (3) Posting the printed document in a prominent location that is accessible to all members, if the location has been designated for the posting of general notices by the association in the annual policy statement, prepared pursuant to Section 5310. (4) If the association broadcasts television programming for the purpose of distributing information on association business to its members, by inclusion in the programming.
(b) Notwithstanding subdivision (a), if a member requests to receive general notices by individual delivery, all general notices to that member, given under this section, shall be delivered pursuant to Section 4040. The option provided in this subdivision shall be described in the annual policy statement, prepared pursuant to Section 5310.
4050. (a) This section governs the delivery of a document pursuant to this act. (b) If a document is delivered by mail, delivery is deemed to be complete on deposit into the United States mail.
(c) If a document is delivered by electronic means, delivery is complete at the time of transmission.
4055. If the association or a member has consented to receive information by electronic delivery, and a provision of this act requires that the information be in writing, that requirement is satisfied if the information is provided in an electronic record capable of retention by the recipient at the time of receipt. An electronic record is not capable of retention by the recipient if the sender or its information processing system inhibits the ability of the recipient to print or store the electronic record.
56 Attachment D
Conditions of Approval lnformational Notice
Haber Condominiums
Final Map Clearance - Parcel Map No. 25,187
November 27 , 2023 City Council Hearing

RECORDING REQUESTED BY

CITY OF CARPINTENA
WHEN RECORDED MAIL TO:

CITY CLERK

CITY OF CARPINTERIA
5775 CARPINTERIA AVENUE
CARPINTERIA, CA 93013

SPACE ABOVE THIS LINE FOR RECORDER'S USE
APN: 003-301-020
Parcel Map No. 25,187
NOTICE
Notice is hereby given, pursuant to Section 66434.2 of the Government Code (State Subdivision Map Act) and Section 16.08.010 of the Subdivision Ordinance of the City of Carpinteria, that the information attached is given relative to Parcel Map No.25,187 filed 20-, in Book Pages through of Parcel Maps, records of Santa Barbara County, California.

This notice is not intended to affect record title interest. The information is derived from public records or reports, and the preparer of this document does not imply the corectness or sufficiency of these records or reports. Title to the estate or interest in the land shown on Parcel Map No. 25,187 at the date hereof is vested in:

Surf Cottageso LLC, a CA Limited Liability Company
The additional information required in connection with said map is attached hereto and incorporated herein by reference.

DOCUMENT PREPARED BY:

Nick Bobroff
Community Development Director
City of Carpinteria

ACKNOWLEDGMENT
A notary public or other officer completingthis certificate verifies on ly the identity of the individualwho signed the documentto which this certificate is attached, and not the truthfulness, accuracy, or validityof that document.

STATE OF CALIFORNIA

COUNTY OF SANTA BARBARA
On this day of 20-, before me,
a Notary Public in and for said County and State,
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/herltheir authorized capacity(ies), and that by his/her/theii signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certifu under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

Witness my hand and official seal:

Signature:_
Printed:

My Commission Expires:

Principal office located in County of:
(Seal)
City of Carpinteria
Cour.rcu- Aceuoa Srarr Reponr
November 27,2023

ITEM FOR COUNCIL CONSIDERATION
Excusing City Manager Dave Durflinger from attending the meeting(s) of the City Council held after November 27,2023.

STAFF RECOMMENDATION
Excuse City Manager Dave Durflinger from attending meeting(s) of the City Council held after November 27,2023.

Sample Motion: I move to excuse City Manager Dave Durflinger from attending meeting(s) of the City Council held after November 27,2023.

BACKGROUND
It is a duty of the City Manager to attend all City Council meetings unless excused (Carpinteria Municipal Code 2.08.110(F). City Manager Dave Durflinger will be retiring on December 8, 2023, effective at 5 pm. The last regularly scheduled City Council meeting is on November 27,2023. There is a special meeting of the City Council scheduled for Monday, December 4,2023.

Mr. Durflinger is requesting that he be excused from attendance at the December 4 special meeting and any other special Council meeting that may be held after November 27 and prior to his retirement.

DrscusstoN
The special City Council meeting of December 4, 2023, is for the purpose of reviewing the intersection of certain state housing laws, e.9., Density Bonus and Housing Accountability Act, with the California CoastalAct and the City's certified Local Coastal Program (LCP). The presentation and discussion will be led by representatives of the Community Development Department and City Attorney's Office.

It is planned that in the City Manager's absence, Assistant City Manager Michael Ramirez would attend the December 4 special meeting. While no other special Excusing City Manager Attendance at Certain Council Meetings November 27,2023