Carpinteria City Council
January 8, 2024

BACKGROUND
Previous Actions Related to this Retrofit Program
This program previously came to the City Council in 2019 and 2020, but final approval was delayed by the COVID-19 pandemic. Table 1 summarizes previous actions to date.

T a bl e 1 - S ummary o fP revrous Act" 1ons
Date Action
City Council directed staff to return with a seismic retrofit program for May 13, 2019 existing soft story buildings (Item 9, see Attachment D).

January 13, 2020 Item continued to January 27, 2020 (Item 8, see Attachment D).

First reading of draft Ordinance No. 737*, Mandatory Seismic Retrofit Program for Existing Wood-Frame Building with Soft, Weak or OpenJanuary 27, 2020 Front Walls. City Council waived first reading, set the second reading for March 23, 2020, and directed staff to hold a public workshop prior to the second reading (Item 10, see Attachment D).

Public workshop held on a Saturday morning at City Hall. After February 22, 2020 providing a brief presentation, City staff addressed comments and questions from participants.

City Council hearing for draft Ordinance No. 737 postponed until further March 23, 2020 notice due to state of emergency related to COVID-19 pandemic. * In 2020, the proposed ordinance was numbered Ordinance No. 737. Since it was never adopted, the ordinance number was retired and the currently proposed ordinance is now Ordinance No. 773.

At the January 27, 2020 City Council meeting, staff was directed to hold a public workshop before bringing the ordinance back to Council for final adoption. As noted in Table 1, a workshop was held on Saturday, February 22, 2020. Approximately 40 people attended, asked questions, and made comments. Workshop participants included representatives from Simpson Strong Tie Co, Inc., a private company and recognized industry leader in construction/seismic retrofitting, and members from Structural Engineers Association of Southern California (SEAOSC), a non-profit organization that stays abreast of current technology and best practices for seismic safety. Thus, various experts from the City and external organizations were available at the workshop to answer technical questions related to structural and seismic retrofits. At the conclusion of the workshop, there were no strong objections to the Program.

In preparation for this revised first reading of the Ordinance, notification letters were mailed to potentially affected owners and tenants on December 15, 2023, and the draft N:\Project Files\2019 (1955- 2029)\1982 Soft Story Buildings\2024 First Reading Mandatory Seismic Retrofit Program
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Ordinance No. 773 (Attachment A) was made available on the City website at https://carpinteriaca.gov/city-hall/community-development/building-and-safety/soft-storybuilding-retrofit-ordinance/.

Existing Vulnerable Buildings
Buildings that provide resistance to the destructive forces of earthquakes and aftershocks are an essential component of building safety in Southern California.

Building Codes are periodically updated in order to provide the necessary structural resiliency and to increase occupant safety.

In 1986, California enacted Senate Bill 547 (codified as Government Code Section 8875 et seq.), which required local governments in high seismic areas to inventory unreinforced masonry ("URM") buildings and establish a URM loss reduction program.

Pursuant to this legislation, much of the Southern California region, including the City of Carpinteria, was required to develop a URM retrofit program. In 1989, the City passed Ordinance No. 454 which formally declared URMs to be potential hazards and mandated that all URMs be retrofitted, vacated and boarded, or demolished by August 2007. A well-known local building, The Palms Restaurant, is an example of a URM building that was made safer through retrofit due to the mandatory URM retrofit ordinance. Staff believes that all URM buildings within the City have been removed or retrofitted consistent with Ordinance No. 454.

DISCUSSION
Soft-Story Buildings
Although the mandatory URM retrofit program was successful, there are still other categories of vulnerable buildings which exist throughout Southern California, such as "soft-story buildings." Soft-story buildings are wood-frame buildings with more than one story that typically have extensive ground story windows, garage doors, or open-air spaces (such as covered parking areas) with little or no enclosing solid wall(s). These designs result in a relatively soft or weak lateral load-resisting system in the lower story.

Examples of soft-story buildings include mixed use developments with residential units above large glass-fronted commercial ground floors, or residential units located above N:\Project Files\2019 (1955- 2029)\1982 Soft Story Buildings\2024 First Reading Mandatory Seismic Retrofit Program
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carports on the ground level. Soft-story buildings are of particular concern due to inadequate strength and lack of shear walls located at the ground floor. The large openings make the ground floor weaker and less resilient than the stories above, thus making the ground floor more vulnerable to collapse during an earthquake. The 1989 Loma Prieta earthquake in the San Francisco Bay area and the 1994 Northridge earthquake highlighted problems related to soft-story construction practices. Soft-story buildings accounted for significant loss of life and property damage during these earthquakes. Photographic examples of building collapses resulting from earthquake damage to soft-story buildings are provided below.

Most soft-story buildings were constructed between the 1920s and 1970s. Staff has conducted an informal survey and estimates at least 15 soft-story buildings containing approximately 300 residential units exist in Carpinteria. An initial summary of the buildings identified as potential soft-story structures is provided in Table 2.

Table 2 - Prelimina of Soft Sto
Number of Buildings in City
1 three-unit buildin
Total: 14
Number of Units
3 12
8 64-96
232+
Total: A rox. 300
In 1978, California building code standards pertaining to wood construction were strengthened and thus reduced the seismic risk of soft-story buildings built thereafter.

While there is currently no state mandate to retrofit soft-story buildings, some jurisdictions such as the cities of Los Angeles, Santa Monica, and San Francisco have implemented local mandatory retrofit programs.

The main tool available to local jurisdictions to reduce the risks associated with these structural vulnerabilities is to adopt an ordinance which mandates the strengthening of soft-story buildings through seismic retrofitting. Both California State Law regulating Building Code adoption and California Health and Safety Code Sections 19101 and N:\Project Files\2019 (1955- 2029)\1982 Soft Story Buildings\2024 First Reading Mandatory Seismic Retrofit Program
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19160 - 19168 authorize local jurisdictions to establish such mandatory seismic retrofit standards, so long as the requirements are justified by local climatic, geological and topographical conditions.

The City has local geological conditions, such as expansive soils and earthquake faults that present unique geophysical hazards and demonstrate the need for such mandatory seismic retrofit standards, including the following:
• Areas with expansive soils and topography that are subject to mudflows, unstable conditions, and liquefaction. Special seismic structural considerations must be in place to provide a reasonable degree of structural integrity for buildings constructed in these areas.
• Earthquake faults which, when active and combined with local liquefaction-prone soil conditions, will impose excessive and unique lateral loads on structures in the City. Special lateral structural design criteria must be implemented to resist loads imposed by such conditions.
• The City is bisected by a major freeway (U.S. Highway 101 ), which is vulnerable to floods or earthquakes that can result in impassable roads and/or collapsed bridges. Consequently, emergency personnel responding to an event may be unduly impeded or delayed in accomplishing an emergency response. Delayed response can be particularly detrimental for buildings or structures that were designed and constructed prior to 1991 without the benefit of current seismic retrofit work having been performed.

Proposed Ordinance Elements
The proposed Ordinance (Attachment A) contains the following elements:
• Applies to existing buildings of wood-frame construction with soft, weak, and/or open-front wall lines where construction permits were applied for before January 1, 1991.
• Exempts single family residences and multiple-family residential parcels containing four or fewer units.
• Requires owners of applicable buildings to have a structural engineer review the building design and recommend retrofit based on provided Seismic Design Guidelines (Attachment B) and to be reported on the provided Screening Form (Attachment C).
• Gives owners six months from notice to secure a report; two years from notice to provide plans and obtain permits, and five years from notice to complete construction.
• Allows for reasonable time extensions.
• Requires tenants and occupants to be notified of likely duration of construction.

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• Specifies retrofit minimum standards which are further articulated in the Seismic Design Guidelines.
• Addresses potential for non-compliance with development standards. • Details plan requirements which are further articulated in the Seismic Design Guidelines and on the Screening Form.

Potential Impacts on Owners, Tenants and Occupants
• Cost of Retrofit. The cost of retrofitting a soft-story building will vary depending on several factors, including age and condition of the building, number of stories, and existing structural integrity. Although the costs of retrofitting are difficult to estimate, several cities, such as Los Angeles, Santa Monica, West Hollywood, San Francisco and Berkeley have generally estimated retrofit costs as ranging from $40,000 to $200,000 per building.

Some resources available to building owners to finance such retrofits include:
o The California Capiiai Access Program (CaiCAP) - Administered by the California Pollution Control Financing Authority (CPCFA), CalCAP's Seismic Safety Financing Program incentivizes private financing for California small businesses and residential property owners (including multi-unit dwellings and registered mobile homes) to finance the costs of seismically retrofitting existing buildings and homes. It offers loss reserve protection to lenders that underwrite the costs of the property improvements. To participate, building owners obtain cost estimates and permits, then reach out to participating lenders. Loans up to $250,000 can be enrolled for a maximum of 10 years under this CalCAP program. o California Multifamily Seismic Retrofit Matching Grant Program - Currently under development, this program will offer seismic retrofit grants to building owners of multi-family (5 to 10 units) soft-story apartment and condominium buildings that have not been previously retrofitted. The program is managed by the California Residential Mitigation Program (CRMP).
o Two other CRMP residential earthquake retrofit grant programs, Earthquake Brace+ Bolt (up to $3,000) and Earthquake Soft-Story (up to $13,000), currently help protect single-family homes in California. • Tenant Displacement During Repairs. Although it is anticipated that most retrofits can be completed without the need to relocate tenants, it is possible that some retrofits may be so extensive that tenant relocation will be necessary. In those circumstances, the property owner(s) would be solely responsible for making arrangements for tenant relocation and any associated costs in compliance with N:\Project Files\2019 (1955- 2029)\1982 Soft Story Buildings\2024 First Reading Mandatory Seismic Retrofit Program
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CMC Chapter 7.04 ("Just Cause for Termination of Residential Tenancy") and State Law (e.g., Civil Code, § 1946.2), as applicable.
• Time Period for Completion of Repairs. Because this is not a state-mandated retrofit, the time period for completion of repairs is solely up to the discretion of the City. Staff recommendations for timing are provided in Table 3.

T a bl e 3 - P ropose rme erio or om p1ance
Required Action by Owner: Milestone:

Submit Screening Form (Optional) 6 months from Notice to Owner Retrofit Plans & Obtain Permit 2 years from Notice to Owner Complete Construction 5 years from Notice to Owner
d Ti P . df C r
• Exemptions to Required Retrofit. Because it is not a state-mandated program, the City has discretion in determining whether to exempt certain structures from the retrofit requirement. Staff recommends single family residences and multiplefamily residential parcels containing four or fewer units be exempted from the requirements of this ordinance. This approach would allow the City to address the most vulnerable, highest occupancy structures in the near term. • Possible Loss of Parking Spaces. Depending upon the design of the retrofit and the existing siting of the building, the required retrofit could result in parking deficiencies. Staff is recommending that the ordinance allow parking reductions to be granted in order to accommodate such retrofits if needed.

Soft-story Retrofit Program Development
As expected in disaster mitigation, most existing programs have been put in place in response to the occurrence of a damaging earthquake. Most of the URM ordinances were enacted in response to a State law that was itself triggered by two deaths in URMs in the 1983 Coalinga earthquake. The Northridge earthquake led to several measures to address soft first-story,' non-ductile concrete and steel moment frame buildings. There is a third wave of programs in the last few years that for the first time are not tied to a recent earthquake. Severallarqe cities, San Francisco, Los Angeles, Santa Monica, West Hollywood, Alameda; Berkeley, and Fremont, have taken action, successfully adopting mandatory soft-story retrofit programs with community support, and other jurisdictions have taken notice.

Staff believes it is appropriate to adopt a seismic retrofit program ordinance for softstory buildings in the city of Carpinteria. The program acknowledges the reality that exists within our region for earthquake preparedness and proactively seeks to strengthen existing older buildings and enhance the security and safety of their occupants. Such a program also seeks to help preserve valuable housing stock in the city where as many as 300 units contained within soft-story buildings are potentially vulnerable.

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POLICY CONSISTENCY
General Plan/Coastal Plan
Adoption of local regulations addressing vulnerable buildings and requiring seismic retrofits to soft-story buildings can be found to be consistent with the intent of the following General Plan/Coastal Plan Safety Element Objective and Policy:

Objective 5-1: Minimize the potential risks and reduce the loss of life, property and the economic and social dislocations resulting from fault surface rupture in the planning area, from ground shaking due to an earthquake along a fault in the planning area or in the region, from seismically-induced liquefaction in the planning area, and from seismically-induced tsunamis.

Policy S-1a: Seismic design criteria for habitable building structures, including critical facilities, should utilize the maximum credible earthquake calculated for each of the faults mentioned above, as well as the distance from the building site to each fault, to calculate or determine maximum ground acceleration.

Adopted Housing Element for 2023-2031
The City's adopted Housing Element includes goals and policies addressing the conservation and rehabilitation of existing housing stock. The mandate for seismic retrofits to soft-story buildings can be found to be consistent with the intent of the following goals and policies:

PROGRAM CATEGORY #4 - Conserve and Improve the Condition of the Existing Stock of Affordable Housing
Goals
• Conserve existing housing important to the community such as rental apartments, mobile home parks and other affordable housing units.
• Maintain the affordability of existing and future affordable housing developments. • Attain a housing supply free from substandard and deteriorated housing conditions.

Policies
• Maintenance and Repair. Promote the maintenance and repair of owner-occupied and rental housing to prevent deterioration within the City. • Housing Rehabilitation: Facilitate the rehabilitation of substandard and deteriorated housing where feasible.
• CDBG Rehabilitation: Facilitate the allocation of CDBG funds to multi-family rehabilitation programs and retrofitting of existing housing.

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City of Carpinteria Ordinance No. 454
Following Ordinance No. 454 adopted by the City Council in 1989 addressing potentially hazardous unreinforced masonry buildings, this current Ordinance No. 773 addresses potentially hazardous soft-story buildings. Staff will continue to monitor the status of all vulnerable buildings and bring forward plans to address them as they are identified.

State Health and Safety Code
Within Section 19160 of the California Health & Safety Code, the State Legislature declared that because of the generally acknowledged fact that California will experience moderate to severe earthquakes in the foreseeable future, increased efforts to reduce earthquake hazards should be encouraged and supported. California Health and Safety Code Section 19161 authorizes each city, city and county, or county to assess the earthquake hazard in its jurisdiction and to identify buildings that are potentially hazardous to life in the event of an earthquake. Health and Safety Code Section 19162 authorizes the governing body of any city, city and county, or county to establish by ordinance seismic retrofit standards for these buildings.

California Environmental Quality Act (CEQA)
The proposed amendment is exempt from CEQA pursuant to CEQA Guidelines Sections 15301 and 15302. Class 1 (Section 15301 - Existing Facilities) provides an exemption for repair, maintenance, or minor alteration of existing public or private structures involving negligible or no expansion of use. Under the proposed regulations, there would be no expansion of use, as the required retrofits would be limited effecting minimal alterations to the building intended to enhance structural integrity. Class 2 (Section 15302 - Replacement or Reconstruction) provides for replacement or reconstruction of existing structures and facilities where the new structures will be located on the same site as the structures replaced and will have substantially the same purpose and capacity as the structures replaced. Staff has determined that no unusual ... ·· circumstances or other exceptions set forth in CEQA Guidelines Section 15300.2 preclude use of the section 15301 and 15302 categorical exemptions.

FINANCIAL CONSIDERATIONS
The proposed ordinance amendment will likely result in some cost to the City of an indeterminate amount. The cost of plan review and inspections will be fully recovered through plan check and building permit fees. However, the City will likely subsidize the staff costs for administering the program.

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LEGAL AND RISK MANAGEMENT CONSIDERATIONS
The proposed ordinance has been reviewed and drafted in consultation with the City Attorney's office. The ordinance, if adopted, contains administrative remedies available to the City in the event of a failure to comply by affected property owners.

OPTIONS
The Council may choose to:

1. Introduce and waive the first reading of Ordinance No. 773, Mandatory Seismic Retrofit Program for Existing Wood-Frame Buildings with Soft, Weak, or OpenFront Walls; and set the ordinance for second reading and adoption at the City Council meeting of February 12, 2024 (staff recommendation);

2. Take no action, or elect not to adopt Ordinance No. 773; or

3. Elect not to adopt Ordinance No. 773 as presented, and request staff come back with specified changes prior to adoption.

PRINCIPAL PARTIES EXPECTED AT MEETING
Affected property owners of soft-story buildings
Building industry tradespeople
Housing advocates

ATTACHMENTS
Attachment A Ordinance No. 773, an Ordinance of the Carpinteria City Council adding to the Carpinteria Municipal Code Title 15, Chapter 15.72 entitled "Mandatory Seismic Retrofit Program for Existing WoodFrame Buildings with Soft, Weak or Open-Front Walls" Attachment B Proposed Seismic Design Guidelines
Attachment C Proposed Screening Form
Attachment D Previous City Council Meeting Minutes
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Staff contact: Dan Chepley, Building Inspector/Plans Examiner (805) 880-3409 I [email protected] ~
~iat~ure ~~
Reviewed by: Nick Bobroff, Director
Community Development Department
(805) 755- 4407 I [email protected]
Reviewed by: Michael Ramirez, City Manager
(805) 755-4400, [email protected]
N:\Project Files\2019 (1955- 2029)\1982 Soft Story Buildings\2024 First Reading Attachment A
Proposed Ordinance No. 773
An Ordinance of the Carpinteria City Council adding Carpinteria Municipal Code Title 15, Chapter 15.72 entitled "Mandatory Seismic Retrofit Program for Existing Wood-Frame Buildings with Soft, Weak or Open-Front Walls"
Seismic Retrofitting of Soft-Story Buildings
January 8, 2024 City Council Meeting
ORDINANCE NO. 773

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

CARPINTERIA ADDING TO CARPINTERIA MUNICIPAL CODE TITLE
15 (BUILDINGS AND CONSTRUCTION), CHAPTER 15. 72 ENTITLED "MANDATORY SEISMIC RETROFIT PROGRAM FOR EXISTING

WOOD-FRAME BUILDINGS WITH SOFT, WEAK OR OPEN-FRONT
WALLS"
WHEREAS, pursuant to Section 19160 of the California Health & Safety Code, the State Legislature declared that because of the generally acknowledged fact that California will experience moderate to severe earthquakes in the foreseeable future, increased efforts to reduce earthquake hazards should be encouraged and supported.

California Health and Safety Code Section 19161 authorizes each city, city and county, or county to assess the earthquake hazard in its jurisdiction and to identify buildings that are potentially hazardous to life in the event of an earthquake. Health and Safety Code Section 19162 authorizes the governing body of any city, city and county, or county to establish by ordinance seismic retrofit standards for these buildings; and WHEREAS, among the potentially hazardous buildings identified in Health and Safety Code Section 19161 are wood-frame, multi-unit residential buildings constructed before January 1, 1991 having soft, weak or open front wall lines (a "soft-story condition").

In California, significant changes were made to State laws between 1978 and 1991 to address seismic hazards; however, after the 1994 Northridge earthquake, programs to analyze and retrofit soft-story conditions began. These conditions generally arise in a building because the first story has perimeter walls that have large openings for garage doors or windows, has few interior partitions, and/or is constructed of materials that have deteriorated over time; and
WHEREAS, in enacting Health and Safety Code Section 19160 et seq., the State Legislature found that residential buildings with a soft-story condition are particularly vulnerable to severe damage and collapse. Their collapse can ignite fires that threaten trapped occupants and neighbbring buildings in the event of an earthquake and could complicate emergency response. In addition, these buildings are an important component of the State's housing stock that are in jeopardy of being lost in the event of a major earthquake. Soft-story residential buildings were responsible for 7,700 of the 16,000 housing units rendered uninhabitable by the 1989 Loma Prieta earthquake and over 34,000 of the housing units rendered uninhabitable by the 1994 Northridge earthquake; and
WHEREAS, in subsections (I) and (n) of Health and Safety Code Section 19160, the Seismic Safety Commission recommended to the State Legislature that any mandatory mitigation programs adopted significantly reduce unacceptable hazards in buildings by 2020 and the Legislature stated its intent that local jurisdictions be encouraged to address the seismic safety of soft-story residential buildings and to initiate efforts to reduce the seismic risk in these vulnerable buildings; and Ordinance No. 773

WHEREAS, Health and Safety Code Section 17958.5 authorizes the City to make changes or modifications to the California Building Standards Code when reasonably necessary because of local climatic, geological or topographical conditions; and WHEREAS, proposed soft story Ordinance No. 773 is reasonably necessary because of local climatic, geological or topographical conditions that exist within the City of Carpinteria, which include but are not limited to: earthquake faults, potential for liquefaction, potential for flooding, expansive soils and topography with potential for mudflows. Further, localized earthquakes may occur in areas with liquefaction-prone soil conditions to impose excessive and unique lateral loads on structures in the City; and WHEREAS, the City's unique geological and topographical conditions, including but not limited to its proximity to a seismically active region of California with onshore and offshore faults and Quaternary age alluvium, colluvium, eolian and beach deposits, call for special lateral structural design criteria to be implemented to provide a reasonable degree of structural integrity for buildings; and
WHEREAS, consistent with the City of Carpinteria's certified General Plan/Local Coastal Plan Objective S-1, the City aims to, "Minimize the potential risks and reduce the loss of life, property, and the economic and social disiocations resulting from fauit surface rupture in the planning area, from ground shaking due to an earthquake along a fault in the planning area or in the region, from seismically-induced liquefaction in the planning area, and from seismically-induced tsunamis"; and
WHEREAS, Program Category 4 of the City's adopted Housing Element includes goals and policies that call for conserving and rehabilitating existing housing stock important to the community such as rental apartments, and attaining a housing supply free from substandard and deteriorated housing conditions; and WHEREAS, the City Council originally initiated, at a duly noticed public hearing on May 13, 2019, the amendment to Carpinteria Municipal Code Chapter 15.70 - BUILDING SEISMIC SAFETY concerning vulnerable buildings and seismic retrofitting of soft-story buildings. On January 27, 2020, the City Council subsequently considered draft Ordinance 737 (Mandatory Seismic Retrofit Program for Existing Wood-Frame Buildings with Soft, Weak or Open-Front Walls) and voted (4-1-0) to waive the first reading, set the second reading for March 23, 2020, and have the City conduct a workshop; and WHEREAS, the City noticed and held a public workshop on Saturday, February 22, 2020, to present detailed information related to soft-story retrofits and the potential requirements of draft Ordinance 737. Approximately 40 people attended the workshop, including tenants and owners of identified soft-story buildings as well as experienced contractors who provide retrofit services. The workshop concluded after all participants had an opportunity to ask questions and provide comments; and WHEREAS, the City Council canceled the second reading of Ordinance 737 on March 23, 2020, due to the state of emergency related to the COVID-19 pandemic. In March of 2021, ordinance number "737" was retired and the Mandatory Seismic Retrofit Ordinance No. 773

Program for Existing Wood-Frame Buildings with Soft, Weak or Open-Front Walls was placed on hold; and
WHEREAS, in December of 2023 the City revised the Mandatory Seismic Retrofit Program for Existing Wood-Frame Buildings with Soft, Weak or Open-Front Walls that was placed on hold and mailed notices to tenants and owners of identified soft-story buildings on December 15, 2023 informing them of the revised first reading of soft story Ordinance No. 773 by the City Council; and
WHEREAS, the City Council finds that proposed soft story Ordinance No. 773 shall require retrofit of existing buildings consistent with a nationally recognized model code or substantially equivalent standards in accordance with subdivision (b) of Health and Safety Code Section 19163; and
WHEREAS, the City Council finds that it is in the interest of the orderly development of the City and important to the preservation of the health, safety, and general welfare of the residents of the City, to adopt an ordinance adding Chapter 15. 72 ("Mandatory Seismic Retrofit Program for Existing Wood-Frame Buildings with Soft, Weak or OpenFront Walls") to Title 15 (Buildings and Construction) of the Carpinteria Municipal Code ("CMC") to address existing buildings that are particularly vulnerable to seismic-induced hazards ..

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 TITLE 15 OF CARPINTERIA MUNICIPAL CODE Title 15, "Buildings and Construction," of the Carpinteria Municipal Code is hereby amended by the addition of a new chapter, Chapter.15.72, .to read as follows:
"Chapter 15.72
Mandatory Seismic Retrofit Program For Existing Wood-Frame Buildings With Soft, Weak Or Open-Front Walls
Sections:

15. 72.010 Purpose.

15.72.020 Applicability.

15. 72.030 Definitions.

15.72.040 Compliance Requirements.

15.72.050 Time Period for Compliance.

15.72.060 Administration.

Ordinance No. 773
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15.72.070 Occupancy and Tenant Advisory.

15.72.080 Historical Buildings.

15.72.090 Minimum Standards.

15.72.100 Compliance with Development Standards.

15.72.1-10 Information Required On Plans.

15.72.120 Quality Assurance.

15. 72.130 Violation/Penalty.

15.72.010 Purpose.

The provisions of this Chapter are intended to promote the public health, welfare and safety by reducing the risk of death or injury that may result from the effects of earthquakes on existing wood-frame multi-story buildings with Soft, Weak or OpenFront Walls. Generally, this type of structure consists of partial tuck-under parking on the first floor level with living space in the floors above. In past earthquakes, many of these types of structures have performed poorly and collapsed causing loss of life, personal injury, and substantial property damage. This Chapter creates minimum standards intended to reduce the risk of collapse and improve the performance of these buildings during earthquakes, facilitate post-earthquake emergency response, minimize displacement during retrofits and reduce economic impacts of a damaging earthquake, but not necessarily prevent the loss of life, injury and damage to property.

15.72.020 Applicability.

A. The provisions of this Chapter shall apply to all existing buildings of wood-frame construction, or wood-frame portions thereof, where:

1. A permit for construction of a new building was applied for before January 1, 1991, or the building was designed based on an adopted version of the 1985 or earlier edition of the Uniform Building Code and contains five (5) or more dwelling units and have a wood frame target story. If no permit can be located, the structure is determined by the Building Official to have been built under Building Code standards enacted prior to January 1, 1991, and

2. The ground floor or basement portion of the structure contains parking or other similar open floor space that causes soft, weak, and/or open-front wall lines.

B. Exceptions. The provisions of this Chapter shall not apply to:

1. Single family residences.

2. Multiple-family residential parcel containing four (4) or fewer units.

3. Ground floor or basement concrete podium levels where a rigid concrete diaphragm exists, however the first wood-frame story above the podium shall be subject to the provisions of this chapter where soft, weak, or open-front walls exist.

Ordinance No. 773

C. Notwithstanding any provision of the Building Code, compliance with this Chapter shall not require existing electrical, plumbing, mechanical or fire-safety systems to be altered to comply with the current Building Code unless they constitute a hazard to life or property as determined by the Building Official.

15.72.030 Definitions.

Notwithstanding the applicable definitions, symbols and notations in the Building Code, the following definitions shall apply for the purposes of this Chapter:

1. BUILDING CODE. The current Building Code of the City of Carpinteria.

2. CRIPPLE WALL. A wood-framed stud wall extending from the top of the foundation wall to the underside of the lowest floor framing.

3. GROUND FLOOR. Any floor within the wood-frame portion of a building whose elevation is immediately accessible from an adjacent grade by vehicles or pedestrians. The ground floor portion of the structure does not include any floor that is completely below adjacent grades.

4. HISTORICAL BUILDING. Any building designated as a "qualified historical building" as defined in Part 8, Title 24 of the California Code of Regulations (also referred to as the "California Historical Building Code"). · 5. NOTICE TO OWNER. The letter sent by the City to Owner, via certified mail to the address on title of the property, which advises Owner of the retrofit requirement.

6. OPEN-FRONT WALL LINE. An exterior Wall Line, without vertical elements of the lateral force-resisting system, which requires tributary seismic forces to be resisted by diaphragm rotation or contains an excessive cantilever beyond parallel lines of shear walls. Diaphragms that cantilever more than 25 percent of the distance between tines of lateral force resisting elements from which the diaphragm cantilevers shall be considered excessive. Diaphragm cantilevers or exterior balconies of 6 feet or less in width shall not be considered excessive cantilevers.

7. OWNER OR BUILDING OWNER. The individual(s), firm, corporation, trust or entity in whom the title to such property is vested.

8. PERSON. An individual, partnership, corporation, association, or any other entity.

9. RETROFIT. An improvement of the lateral force resisting system by alteration of existing structural elements or addition of new structural elements.

10. CITY SEISMIC DESIGN GUIDELINES. Framework guidelines developed by the City's Building Official which are intended to calibrate, delineate, and detail technical requirements to be used for the retrofitting of buildings subject to this Chapter.

11. SOFT WALL LINE. A deficiency in a Wall Line in which the lateral stiffness is less than what is required by story drift limitations and deformation compatibility requirements of this Chapter. In lieu of the engineering analysis required by this Ordinance No. 773

Chapter to determine whether a wall line's lateral stiffness is less than the aforementioned story drift limitations and deformation compatibility requirements, a Soft Wall Line deficiency may be defined as a Wall Line in a Story where the wall stiffness is less than 70 percent of the stiffness of the exterior wall above for the direction under consideration.

12. STORY. As defined in the Building Code, but also includes any basement or underfloor space of a building with Cripple Walls exceeding four feet in height.

13. STORY STRENGTH. The total strength of all seismic-resisting elements sharing the same Story shear in the direction under consideration.

14. WALL LINE. Any length of a wall along a principal axis of the building used to provide resistance to lateral loads.

15. WEAK WALL LINE. A deficiency of a Wall Line at the Ground Floor in which the wall strength is less than 80 percent of the strength of the wall above in the direction under consideration.

15.72.040 Compliance Requirements.

The Owner of each building subject to the provisions of this Chapter shall cause an investigation of the existing construction and a structural analysis to be performed on the building by a Registered Civil or Structural Engineer or Architect licensed in the State of California and if the building does not meet the minimum standards specified in this Chapter, the Owner shall cause it to be structurally altered to conform to such standards.

Each applicable building within the scope of this Chapter which has been analyzed to demonstrate compliance or has been structurally altered to comply with the minimum standards in this Chapter shall be maintained in conformity with the requirements of this Chapter in effect at the time of structural alteration.

15.72.050 Time Period for Compliance.

A. Plan, Permits and Construction. Each building within the scope of this Chapter shall be structurally altered to comply with the minimum standards in this Chapter within the time periods shown in Table A. Minimum plan requirements shall be as specified by the Building Official.

B. Screening Form. Within the time limits allowed in Table A, if the Owner of any building believes he/she is not subject to the provisions of this Chapter, Owner shall submit a screening form to the Building and Safety Division. The Screening Form shall be completed by a California-licensed civil or structural engineer or architect, and shall state whether the structure conforms to the earthquake design provisions contained in this Chapter. Retrofit of said building shall not be required if the Screening Form determines that the structure conforms with the earthquake design provisions of this Chapter, as determined by the Building Official. Retrofit of said building shall be required if Owner fails to submit the Screening Form within the time limit specified in Table A or if the Screening Form determines that the structure does Ordinance No. 773

not conform to the design requirements of this Chapter. The requirement for said retrofit is not appealable if the Screening Form states that the structure does not conform to the earthquake design provisions contained in this Chapter.

TABLE A: TIME PERIOD FOR COMPLIANCE
Required Action by Owner: Milestone:

Submit Screeninq Form 6 months from Notice to Owner
Retrofit Plans & Obtain Permit 2 years from Notice to Owner Complete Construction 5 years from Notice to Owner

15.72.060 Administration.

A. Issuance of Notice to Owner. The Building Official shall issue a Notice to Owner as provided in this Section to the Owner of each building that is expected to be within the scope of this Chapter.

B. Contents of Notice to Owner. The Notice to Owner shall be addressed to the Owner as shown on the last equalized Santa Barbara County assessment roll of the building. The Notice to Owner shall specify that the building has been determined by the Building Official to be within the scope of this Chapter and, therefore, is required to meet the standards of this Chapter.

C. Service of Notice to Owner. Proper service of a Notice to Owner shall be sent by certified mail, postage prepaid, return receipt requested. Simultaneously, the same notice may be sent by regular mail. If a notice sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail, provided the notice that was sent by regular mail is not returned. The designated period within which the Owner is required to comply with such Notice to Owner shall begin as of the date Notice to Owner is mailed via certified mail/regular mail.

D. Failure to Receive Notice to Owner. Failure of any Owner or other interested person to receive such Notice to Owner shall not affect the validity of any proceeding taken thereunder.
. . .• ..... ' -
E. Extensions. With the exception of the period to submit the Screening Form, the Owner may request an extension of time for compliance with the timelines set forth in Table A of Section 15.72.050. The Owner has the burden of proof to establish with substantial evidence that he or she is unable to comply within the time required by this Section due to circumstances beyond the control of the Owner or permittee. The written request must demonstrate that:

1. Due to circumstances beyond the Owner's or permittee's control, compliance with the requirements of this Chapter could not be commenced, continued or completed in the authorized time period; or

2. If construction has started, substantial progress has been made and/or the condition of the property presents no health or safety hazard; or

3. Significant financial hardship related to the cost of the required work would make it infeasible to complete the construction within the required timeline; or
Ordinance No. 773

4. The delay would prevent or minimize displacement of a tenant; or

5. The continued delay will not create any unreasonable aesthetic impact to the neighborhood or substantial economic detriment to the neighboring property owners; or

6. Due to unforeseen conditions, as deemed appropriate by the Building Official, construction could not be commenced, continued or completed in the authorized time period.

The Owner must also provide documentation supporting the request, a new proposed schedule for compliance, and plan to comply with the provisions of this Chapter during that timeframe. The Building Official has discretion to extend the time for action by the permittee for a period not exceeding six calendar months.

F. The Building Official is responsible for administration of this Chapter and may promulgate administrative rules and policies consistent with this Chapter.

15.72.070 Occupancy and Tenant Advisory.

Notification to Tenants and Occupants. The Owner shall advise all current and prospective residential and non-residential tenants, subtenants, lessees, sublessees, or any other person(s) entitled to the use and/or occupancy of the building of a proposed project submitted pursuant to this Chapter. The notice shall be on a City-approved notice form and shall include the information for the project, including the scope of work, expected duration, and contact information for a representative of the contractor. In the event the work requires eviction of residential tenants, the Owner shall comply with the notice and relocation assistance requirements in Carpinteria Municipal Code Chapter

7.04 and applicable State law. Proof of written notification is required to be kept by the Owner and made available to the City upon request at any time until such permit is final and construction is completed.

15.72.080 Historical Buildings.

Nothing in this chapter shall exempt historic buildings from any requirements and standards currently in effect in the California Building Code, or at the discretion of the Owner, in the California Historical Building Code.

15.72.090 Minimum Standards.

A. Scope of Analysis. This Chapter requires the alteration, repair, replacement or addition of structural elements to meet minimum structural integrity requirements in conformance with the Building Code except as modified herein. The lateral-load-path analysis shall include the resisting elements and connections from the wood diaphragm immediately above any Soft, Weak or Open-Front Wall lines to and including the foundation. Stories above the Weak Wall Line shall be considered in the analysis but need not be modified. The Engineer shall investigate existing conditions as applicable for the required analysis, including performing initial material testing and verification of existing conditions.

Ordinance No. 773

B. Design Base Shear and Design Parameters. The design force in a given direction shall not be less than 75% of that derived from the Base Shear as determined from the seismic provisions of the American Society of Civil Engineers (ASCE) standards that are currently in effect, with design parameters as specified by the current City Seismic Design Guidelines. The structure shall be analyzed and/or strengthened in order to mitigate the Weak and/or Soft Wall Line deficiencies defined in Section

15.72.030.

Exception: Alternatively, the structure may be retrofitted per the currently adopted Guidelines for the Seismic Retrofit of Existing Buildings in the California Existing Building Code, provided the entire Story is analyzed and/or strengthened in order to mitigate the Weak and/or Soft Wall Line deficiencies defined in Section 15.72.030.

C. Lateral Vertical Systems. Strengthening systems with concrete walls or masonry walls, or steel braced frames shall not be permitted unless a full building analysis considering diaphragm stiffness and torsional behavior is performed.

D. Horizontal Structural Irregularities in Buildings with Three or More Stories. Structures with three or more stories having horizontal structural irregularities of either type 2, 3, 4, or 5 listed in the currently adopted American Society of Civil Engineers (ASCE) standards, "Horizontal Structural Irregularities", shall be altered to meet the additional requirements of those sections referenced in the table for the Weak, Soft or Open-Front Wall lines being considered.

E. Alternate Analysis, Base Shear and Design Parameters. The Building Official may approve alternate analysis and/or design methodologies that meet the same performance intent as those prescribed by this Chapter and that achieve the objectives established by this Chapter. An alternate design criteria shall be submitted to the City for review and approval prior to submission of plans.

F. Additional Anchorage Requirements for Buildings on Hillsides. Where any portion of a building within the scope of this Chapter is constructed on or into a slope steeper than one-unit vertical in three units horizontal (33-percent slope), the lateral-forceresisting system, at and below the base level diaphragm, shall also be analyzed for the effects of concentrated lateral loads caused at the building base from the hillside conditions and comply with the provisions of the City Seismic Design Guidelines.

G. Story Line Drift Limitations. The story drift at the strengthened line shall not exceed the allowable deformation as specified in the City Seismic Design Guidelines.

H. Pole Structures. The effects of rotation and soil stiffness shall be included in the calculated story drift where lateral loads are resisted by vertical elements whose required depth of embedment is determined by pole formulas. The coefficient of subgrade reaction used in deflection calculations shall be based on an approved geotechnical investigation conducted in accordance with approved geotechnical engineering reports.

I. P-Delta Effect. P-Delta effects shall be considered as specified in the City Seismic Design Guidelines.

J. Ties, Continuity and Collectors. All parts of the structure included in the scope of analysis shall be interconnected and the connection shall be capable of resisting the Ordinance No. 773

seismic force created by the parts being connected as required per the Building Code.

I.

15. 72.100 Non-Compliance with Development Standards
Notwithstanding any other provisions of this Code to the contrary, approved retrofits that result in deviations from development standards including parking standards may be permitted. All deviations shall be approved by the Community Development Director and the Building Official.

15. 72.110 Information Required On Plans.

A. General. The plans and specifications required by the Building Official shall be of sufficient clarity to indicate the nature, design methodology, and extent of the proposed work and to show in detail that it will conform to the provisions of this Chapter and the Building Code.

B. Engineer's Statement. The responsible engineer shall provide the following statement on the approved plans:
"I am responsible for designing this building's seismic strengthening in compliance with the minimum standards of the Mandatory Seismic Strengthening Provisions for Existing Wood-Frame Buildings with Soft, Weak or Open-Front Walls (CMC Chapter 15.72)."
C. Owner or Owner's Representative Statement. Unless the entire building has been retrofitted to meet the full intent of the current Building Code, the Owner shall provide and sign the following statement on the cover of the drawings:
"I, [Owner Name(s)], understand the seismic evaluation and strengthening performed under this project is limited to that specified in the Mandatory Seismic Strengthening Provisions for Existing Wood-Frame Buildings with Soft, Weak or Open-Front Walls (CMC Chapter 15.72) which is intended to reduce the risk under a seismic event. I understand the entire building has not been evaluated nor strengthened for other potential structural deficiencies that maycause a life safety concern, injury, or property damage risk under a seismic event." D. Quality Control and Assurance Requirements. General notes shall show the requirements for material testing, special inspection, structural observation and the proper installation of newly added materials.

15.72.120 Quality Assurance.

A. Structural Observation. All structures regulated by this Chapter require structural observation during construction. The Owner shall employ a State-licensed Architect, Engineer of Record responsible for the structural design, or another registered Engineer designated by the Engineer of Record to perform structural observation as defined in the Building Code.

Ordinance No. 773

B. Special Inspection. Special inspections shall be provided as required by the Building Code. Additional inspections shall be noted on drawings as required by Building Official.

15.72.130 Violation/Penalty.

A. Violation. It shall be unlawful for any person to own or maintain any building or structure or portion thereof, or cause the same to be done, contrary to, or in violation of, any of the provisions of this Chapter. A building that is found to be within the scope of this Chapter and is not brought into compliance in the time frame indicated in Table A shall be declared unsafe and subject to the requirements of the currently adopted Building Code, and this Chapter.

B. Penalty. Any person, firm or corporation violating any of the provisions of this Chapter shall be guilty of a misdemeanor, and each such person shall be guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Chapter is committed, continued or permitted, and upon conviction of any such violation such person shall be punishable by a fine of not more than $1,000, (one thousand dollars) or by imprisonment for not more than six months, or by both such fine and imprisonment.

The provisions of this section are in addition to and independent of any other sanctions, penalties or costs which are or may be imposed for a violation of any of the provisions of this Chapter.

C. Recordation of Violation. If (A) the Building Official determines that any property, building, or structure, or any part thereof is in violation of any provision of this Chapter; and if (8) the Building Official gives written notice as specified below of said violation; then the Building Official may have sole discretion to, at any time thereafter, record with the County Recorder's Office a notice that the property and/or any building or structure located thereon is in violation of this Chapter. The remedy provided by this section is cumulative to any other enforcement actions permitted by this Chapter.

D. Notice. The written notice given pursuant to this Section shall indicate:

1. The nature of the violation(s); and

2. That if the violation is not remedied to the satisfaction of the Building Official, the Building Official may, at any time thereafter, record with the County Recorder's Office a notice that the property and/or any building or structure located thereon is in violation of this Chapter. The notice shall be posted on the property and shall be mailed to the Owner of the property as indicated on the last equalized County Assessment roll. The mailed notice may be by registered, certified, or first-class mail.

E. Costs. Any person that has violated any provision of this Chapter shall be responsible for the costs of any and all Code Enforcement actions taken by the Building Official in response to such violations. These costs shall be based on the amounts specified by the current fee schedule.

Ordinance No. 773

SECTION 3. California Environmental Quality Act.

The City Council determines that this Ordinance is exempt from review under the California Environmental Quality Act (California Public Resources Code Sections 21000 et seq., "CEQA") under CEQA Guidelines (14 California Code of Regulations Section 15000 et seq.) Section 15301 (Class 1 "Existing Facilities"). Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. Under the proposed regulations there would be no expansion of use, as the required retrofits would be limited to enhancing structural integrity. Class 2 (Section 15302 -- Replacement or Reconstruction) provides for replacement or reconstruction of existing structures and facilities where the new structures will be located on the same site as the structures replaced and will have substantially the same purpose and capacity as the structures replaced. No unusual circumstances or other exceptions set forth in CEQA Guidelines Section 15300.2 preclude use of the Sections 15301 and 15302 categorical exemptions.

SECTION 4. Severability.

If any part of this Ordinance is deemed invalid by a court of competent jurisdiction, the City Council intends that said invalidated part is severable and that such decision will not affect the validity of the remaining portions of this Ordinance, which shall remain in full force and effect.

SECTION 5: Effective Date.

This ordinance will take effect 30 days from its final passage and adoption.

PASSED, APPROVED AND ADOPTED on , 2024, by the following vote:

AYES: COUNCILMEMBER(S):

NOES: COUNCILMEMBER(S):

ABSENT: COUNCILMEMBER(S):

ABSTAIN: COUNCILMEMBER(S):

Mayor, City of Carpinteria
ATTEST:

Ordinance No. 773

Brian C. Barrett, CMC, 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 Brian C. Barrett, CMC, CPMC
City Clerk, City of Carpinteria
APPROVED AS TO FORM:

Jena Shoaf Acos, on behalf of Brownstein
Hyatt Farber Schreck, LLP acting as
City Attorney of the City of Carpinteria
Attachment B
Seismic Design Guidelines
For Existing Wood-Frame Buildings with Soft, Weak,
or Open-Front Walls
Seismic Retrofitting of Soft-Story Buildings
January 8, 2024 City Council Meeting

CITY OF CARPINTERIA

COMMUNITY DEVELOPMENT DEPARTMENT, BUILDING & SAFETY
5775 Carpinteria Ave., Carpinteria, CA 93013
(805) 684-5405 (805) 684-5304 FAX
https://carpinteriaca.gov

SEISMIC DESIGN GUIDELINES

FOR EXISTING WOOD-FRAME BUILDINGS WITH SOFT, WEAK OR OPEN-FRONT WALLS Introduction
The purpose of the City Seismic Design Guidelines is to provide additional information and clarification to Civil or Structural Engineers in order to comply with Chapter 15.72 of the City of Carpinteria Municipal Code, the Mandatory Seismic Retrofit Program for Existing Wood-Frame Buildings with Soft, Weak or Open-Front Walls. Additional information can be found at:
http://carpinteriaca.gov
Definitions
• BUILDING CODE. The current Building Code of the City of Carpinteria. • CRIPPLE WALL. A wood-framed stud wall extending from the top of the foundation wall to the underside of the lowest floor framing.
• GROUND FLOOR. Any floor within the wood-frame portion of a building whose elevation is immediately accessible from an adjacent grade by vehicles or pedestrians. The ground floor portion of the structure does not include any floor that is completely below adjacent grades.
• HISTORICAL BUILDING. Any building designated as a "qualified historical building" as defined in Part 8, Title 24 ofthe California Code of Regulations (also referred to as the "California Historical Building Code"). • NOTICE TO OWNER. The letter sent by the City to Owner, via certified mail to the address on title of the property, which advises Owner of the retrofit requirement.
• OPEN-FRONT WALL LINE. An exterior Wall Line, without vertical elements of the lateral force-resisting system, which requires tributary seismic forces to be resisted by diaphragm rotation or contains an excessive cantilever beyond parallel lines of shear walls. Diaphragms that cantilever more than 25 percent of the distance between tines of lateral force resisting elements from which the diaphragm cantilevers shall be considered excessive. Diaphragm cantilevers or exterior balconies of 6 feet or less in width shall not be considered excessive cantilevers. • OWNER OR BUILDING OWNER. The individual(s), firm, corporation, trust or entity in whom the title to such property is vested.
• PERSON. An individual, partnership, corporation or association of any of the foregoing. • RETROFIT. An improvement of the lateral force resisting system by alteration of existing structural elements or addition of new structural elements.
• CITY SEISMIC DESIGN GUIDELINES. Framework guidelines developed by the Building Official which are intended to calibrate, delineate, and detail technical requirements to be used for the retrofitting of buildings subject to this Chapter. • SOFT WALL LINE. A deficiency in a Wall Line in which the lateral stiffness is less than what is required by story drift limitations and deformation compatibility requirements of this Chapter. In lieu ofthe engineering analysis required by this Chapter to determine whether a wall line's lateral stiffness is less than the aforementioned story drift limitations and deformation compatibility requirements, a Soft Wall Line deficiency may be defined as a Wall Line in a Story where the wall stiffness is less than 70 percent of the stiffness of the exterior wall above for the direction under consideration. • STORY. As defined in the Building Code, but includes any basement or underfloor space of a building with Cripple Walls exceeding four feet in height.
• STORY STRENGTH. The total strength of all seismic-resisting elements sharing the same Story shear in the direction under consideration.
• WALL LINE. Any length of a wall along a principal axis of the building used to provide resistance to lateral loads. • WEAK WALL LINE. A deficiency of a Wall Line at the Ground Floor in which the wall strength is less than 80 percent of the strength of the wall above in the direction under consideration.

CITY OF CARPINTERIA

COMMUNITY DEVELOPMENT DEPARTMENT, BUILDING & SAFETY
5775 Carpinteria Ave., Carpinteria, CA 93013
(805) 684-5405 (805) 684-5304 FAX
https://carpinteriaca.gov

SEISMIC DESIGN GUIDELINES

FOR EXISTING WOOD-FRAME BUILDINGS WITH SOFT, WEAK OR OPEN-FRONT WALLS Retrofit Scope
The intent of ordinance is to reduce the risk of full or partial collapse in multi-story wood building containing exterior Soft, Weak, or Open-Front Walls (SWOF) lines. The ordinance therefore mandates the evaluation and possible strengthening of exterior SWOF lines around the building. The City has identified buildings that typically contain these SWOF lines. The minimum strengthening required to meet the intent of the ordinance is as follows:
• Where needed, evaluate and strengthen the soft, weak, and open-front wall lines by providing new lateral force resisting system(s). The connections to the floor diaphragm directly above the new lateral force resisting system(s) and the foundation of the new system must be included in the design. Where existing diaphragms ratios exceed 3:1, the existing diaphragm should be shown to be adequate, strengthened if needed or new lateral force resisting lines should be added.
• he first page of the retrofit drawings shall include a statement that clearly identifies the scope, design criteria, and extent of the retrofit.

Design Methods
The retrofit shall meet the strength and stiffness prescribed herein including the following considerations:
• The lateral-load-path analysis shall include the resisting elements and connections from the wood-frame diaphragm immediately above any soft, weak, or open wall lines and down to the foundation. • Stories above the weak wall line shall be considered in the analysis but need not be modified. • Wall lines along parking or similar open space shall be evaluated to determine the soft, weak, or open-front wall lines.
• Weakening the existing lateral force resisting system above the weak line shall not be permitted as a form of meeting the ordinance.

Analysis & Design Parameters
• Building Design Base Shear. The minimum design base shear for buildings, including Historical buildings, shall be 75 percent of the value specified in ASCE 7-10 Section 12.8.1. • Response Modification Factor, R. The value of R shall be per ASCE 7-10 Table 12.2-however, the value of R used in any direction shall not exceed the value at any story above, in the same direction per ASCE 7-10, 12.2.3.1.

Exceptions:
o R need not be less than 3.5, provided the lateral force resisting system R Value as listed in ASCE 7-10, Table

12.2-1 are not less than 3.5.
o R values greater than 3.5 shall meet the following requirements:
i. Retrofit shall mitigate the soft or weak wall line as defined in the ordinance. ii. The design professional shall perform additional investigation on the walls above the new system to prove the existing materials and details meet the requirements of ASCE 7-10, Table 12.2-1 for the proposed R value. Investigation shall be documented and submitted to the Building Official for review and approval.

CITY OF CARPINTERIA

COMMUNITY DEVELOPMENT DEPARTMENT, BUILDING & SAFETY
5775 Carpinteria Ave., Carpinteria, CA 93013
(805) 684-5405 (805) 684-5304 FAX
https://carpinteriaca.gov

SEISMIC DESIGN GUIDELINES

FOR EXISTING WOOD-FRAME BUILDINGS WITH SOFT, WEAK OR OPEN-FRONT WALLS • Seismic Weight. Following loads shall be considered as the minimum unless shown otherwise:
o 10 psf for partition loads per ASCE 7-10 Chapter 12
o 15 psf minimum roof dead load or provide detailed dead load calculation o 15 psf (+8 psf for stucco soffit cover in parking area as applicable) minimum floor dead load or provide detailed dead load calculation
o 15 psf exterior wall weight, per sf of wall, or provide detailed exterior wall dead load calculations o +15 psf for floor dead load due to existing concrete topping, if applicable o +5 psf for existing solar panels on the roof as applicable • Redundancy Factor, p. p shall be 1.3 unless the criteria in ASCE 7-10 Section 12.3.4.2 is met for the line being strengthened. For drift calculation, members, and connection design loads using overstrength factor, p shall be

1.0. • Importance Factor shall be equal to 1.0 for all residential buildings. • Vertical Distribution of Seismic Forces over the height of the structure shall be based on ASCE 7-10 Section 12.8.3. • Story Drift Limitations. The calculated story drift for each retrofitted story line shall not exceed the allowable deformation compatible with all vertical load-resisting elements and 0.025 times the story height. Where a cantilever column system utilizes pole footings or single spread footings, soil interaction shall be considered when determining the drift.
• Deflection Amplification Factor, Cd, and the Overstrength Factor, Oo, shall be as follows:
o For Lateral Force Resisting Systems using an R value equal to 3.5:3.0 and 3.0, respectively. o For All other Lateral Force Resisting Systems: values as listed in ASCE 7-10, Table 12.2-1. • P-Delta Effects shall be considered for new lateral force resisting systems using the tributary area to the system.

Where a cantilever column system utilizes pole footings or single spread footings, soil interaction shall be considered when evaluating P-delta effects.
• Deformation Compatibility. All structural framing elements and their connections not required to be part of the lateral system, shall be adequate to maintain support of design dead and live loads when subject to expected deformation of seismic loads. Focus should be placed on the existing columns/post along the retrofit line to ensure they are positively attached so they can maintain support of the vertical gravity loads during a seismic event. Deformation compatibility shall also be satisfied for the vertical elements of the new lateral force resisting systems which rely on fixity at the base connection. To satisfy this requirement, the vertical elements of the lateral force resisting system shall be connected to the diaphragm and designed for the forces associated with the drift in the perpendicular direction to the line of strengthening. Unless a full building analysis is performed to determine drift demands, a three percent drift demand shall be assumed. The analysis may account for flexibility in the foundation and connection.

•
CITY OF CARPINTERIA ~

COMMUNITY DEVELOPMENT DEPARTMENT, BUILDING & SAFETY
5775 Carpinteria Ave., Carpinteria, CA 93013
(805) 684-5405 (805) 684-5304 FAX
htt~s:/ /car~interiaca.gov

SEISMIC DESIGN GUIDELINES

FOR EXISTING WOOD-FRAME BUILDINGS WITH SOFT, WEAK OR OPEN-FRONT WALLS Existing Materials
All existing components and materials shall be in sound conditions and constructed in conformance to the Carpinteria Municipal Code before they can be used to resist lateral loads.

Existing shear walls that require analysis shall be permitted to use the values as follows unless a detailed verification of materials is performed by the engineer:

Existing Materials or Configuration of Materials Allowable Values Wood stud walls with lath and plaster or stucco 100 lbs/ft Existing Horizontai wood diaphragms that require analysis shall be permitted to use the values as follows unless a detailed verification of materials is performed by the engineer:

Existing Materials or Configuration of Materials Allowable Values

1. Horizontal Diaphragms:
a. Roofs with straight sheathing and roofing applied directly to the sheathing 100 lbs/ft b. Roofs with diagonal sheathing and roofing applied directly to the sheathing 400 lbs/ft C. Floors with straight tongue-and-groove sheathing 150 lbs/ft d. Floors with straight sheathing and finished wood flooring 300 lbs/ft e. Floors with diagonal sheathing and finished wood flooring 450 lbs/ft f. Floors and roofs with straight sheathing and plaster applied to the joist or Add 50 lbs/ft to the allowable values for items l(a) and l(c) rafters values for items l(a) and l(c) For all other existing structural members, allowable design values are as follows unless a detailed verification of materials is performed by the engineer:

Existing Materials or Configuration of Materials Allowable Values

1. Plain or reinforced concrete footings j' c=2500 psi unless otherwise shown by tests

2. Douglas fir wood Allowable stress same as No. l.D.F.

3. Reinforcing steel f 9=0.4 Fv, maximum 18 ksi

4. Structural steel /b=0.6 Fv, maximum 20 ksi

5. Anchor bolts Current code values

CITY OF CARPINTERIA

COMMUNITY DEVELOPMENT DEPARTMENT, BUILDING & SAFETY
5775 Carpinteria Ave., Carpinteria, CA 93013
(805) 684-5405 (805) 684-5304 FAX
https://carpinteriaca.gov

SEISMIC DESIGN GUIDELINES

FOR EXISTING WOOD-FRAME BUILDINGS WITH SOFT, WEAK OR OPEN-FRONT WALLS New Seismic Strengthening Systems and Limits
Special Steel Moment Frames (SMF)
• SMF shall be designed per AISC 341 E3 using a prequalified connection per AISC 358. • At minimum, the top of the moment frame columns shall be braced per AISC 360 Appendix 6 unless a more detailed analysis is provided in accordance with AISC 360 Chapter C. See deformation compatibility section for additional requirements.

Intermediate Steel Moment Frames (IMF)
• IMF shall be designed per AISC 341 E2 using a prequalified connection per AISC 358. • At minimum, the top of the moment frame columns shall be braced per AISC 360 Appendix 6 unless a more detailed analysis is provided in accordance with AISC 360 Chapter C. See deformation compatibility section for additional requirements.

Ordinary Steel Moment Frames (OMF)
• OMF Connections shall be designed per AISC 341 El meeting one of the requirements below:
o Fully restrained moment connections designed per AISC 341 El-6b (a), (b), or (c). o Partially restrained moment connections per AISC El-6c. • At minimum, the top of the moment frame columns shall be braced per AISC 360 Appendix 6 unless a more detailed analysis is provided in accordance with AISC 360 Chapter C. See deformation compatibility section for additional requirements.

Light-Frame Shear Walls shall be designed per ANSI/AF&PA NDS.

Special Cantilevered Column Systems (SCCS)
• SCCS columns shall comply with AISC 341 E6 and shall be designed using the load combinations including the amplified seismic load with overstrength factor. The design of SCCS shall consider soil interaction. • A minimum of two columns are required per strengthened line.

Ordinary Cantilevered Column Systems (OCCS) are not permitted.

New Concrete Walls, Masonry Walls, or Steel Braced Frames are permitted provided a full building analysis considering diaphragm stiffness and torsional behavior is performed per ASCE 7-10 with design base shear requirements listed above or appropriate methodologies listed in the Alternative Design Methods section included in these guidelines.

Additional Design Considerations
Horizontal Structural Irregularities as defined in ASCE 7-10 for buildings with 3 or more stories including either type 2, 3, 4 or 5 shall meet the additional requirements of those sections referenced in the table for the SWOF lines being considered.

Horizontal Diaphragms shall be designed as follows:
• Cantilever diaphragms shall be designed for shear transfer. • Limit the existing diaphragm ratio to 3:1 by adding a new lateral resisting element.

CITY OF CARPINTERIA

COMMUNITY DEVELOPMENT DEPARTMENT, BUILDING & SAFETY
5775 Carpinteria Ave., Carpinteria, CA 93013
(805) 684-5405 (805) 684-5304 FAX
https://carpinteriaca.gov

SEISMIC DESIGN GUIDELINES

FOR EXISTING WOOD-FRAME BUILDINGS WITH SOFT, WEAK OR OPEN-FRONT WALLS Transfer Diaphragms shall consider the following:
• Where a diaphragm is utilized to transfer shear load to the new lateral force resisting system from an existing wall above, omega need not be considered if the diaphragm can be shown to satisfy the max load that can be delivered to the diaphragm.
• A maximum horizontal cantilever diaphragm of 10 feet shall be permitted without the addition of a new lateral force resisting element if the diaphragm is designed to transfer the horizontal shear load.

Ties and Continuity. Design all the new elements in the lateral load resisting path to transfer seismic loads from the diaphragm to the foundation.

Collector Elements. Design of collectors and drag struts shall be per ASCE 7-10 Section 12.10.2.1:
• Steel Moment Frame Collector Elements
o Drag members, drag member connections to the frame, and drag splices shall be designed for the larger of Oo Fx, OoFpx, and Fpx min. Forces need not exceed Fpx max. o Connections from drag member to diaphragm and frame to diaphragm shall be designed for the larger of Fx, Fpx, and Fpx min. Forces need not exceed Fpx max.
• Light-Frame Shear Wall Collector Elements
o Drag members, drag member connections to walls, drag splices and connections from drag member to diaphragm and frame to diaphragm shall be designed for the larger of Fx, Fpx, and Fpx min. Forces need not exceed Fpx max.
o Size and spacing of all existing elements in the shear path used in shear transfer calculations shall be clearly identified in the plans as "To be verified in field during construction." Perpendicular to Open Wall Line. If side of open wall line is also open, then the wall line in perpendicular direction shall be checked for soft/weak story definition and be retrofitted if required. System should be design for entire line where diaphragm is continuous.

Foundations for New Lateral Force Resisting Systems shall be designed as follows:
• Foundation shall be designed for bearing, overturning, sliding, shear, flexure, and punching shear. • Foundations and superstructure-to-foundation connections shall be designed per CBC12.13.l.l.

Exception: For cantilever columns systems utilizing pole footings or single spread footings, Oo level forces shall be applied.
• Use of CBC Alternative Load Combinations is allowed.
• Sliding check may be considered satisfied if minimum 2 feet thick footings are provided. • Minimum presumptive load-bearing values per CBC Section 1806 may be assumed. • For cantilever columns, systems utilizing pole footings, the coefficient of sub-grade reaction shall be based on an approved geotechnical investigation.

Additional Anchorage Requirements for Buildings on Hillsides. Where a building within the scope of the ordinance or any portion thereof is constructed on or into a slope steeper than a 33 percent slope, the lateral-force resisting system, at and below the base level diaphragm, shall also be analyzed for the effects of concentrated lateral loads caused at the building base from the hillside conditions and comply with the provisions of the Building Code. Refer to LARUCP for the definition of concentrated lateral loads. Existing foundations are not required to satisfy this section.

CITY OF CARPINTERIA

COMMUNITY DEVELOPMENT DEPARTMENT, BUILDING & SAFETY
5775 Carpinteria Ave., Carpinteria, CA 93013
(805) 684-5405 (805) 684-5304 FAX
https://carpinteriaca.gov

SEISMIC DESIGN GUIDELINES

FOR EXISTING WOOD-FRAME BUILDINGS WITH SOFT, WEAK OR OPEN-FRONT WALLS Alternate Design Methods
The Building Official may approve alternate analysis and/or design methodologies that meet the same performance intent as those prescribed in the ordinance and that achieve the objectives established by the ordinance. A design criteria indicating the design methodology and existing material verification (as applicable) shall be submitted to the City for review and approval prior to submission of plans.

For methods not listed below, please submit a request for modifications prior to completing the design and/or submittal. Provide ample justification for consideration. The modification request will be reviewed case by case by the Building Official. Approval of the request shall not apply for any other cases/structures.

Appendix Chapter A4, 2022 California Existing Building Code • The entire first story must be analyzed and designed per this standard. • Retrofit strength need not exceed 1.3 times the strength of story above.

ASCE 41-13, Seismic Evaluation and Retrofit of Existing Buildings • Design to meet the Rehabilitation Objective (Section 1.4) (Life Safety Performance Level: 5-3) for the BSE-lE earthquake hazard level.
• A Tier 2 or Tier 3 analysis shall be conducted.
• Retrofit strength need not exceed 1.3 times the strength of story above.

FEMA P-807, Seismic Evaluation and Retrofit of Multi-Unit Wood- Frame Buildings with Weak First Stories
• The entire weak first story must be analyzed and designed per this standard. • The spectral demand shall be 0.5SMS, calculated in accordance with ASCE 7-10 section 11.4 except that for sites in site class E, the value of Fa shall be taken as 1.3,
• Acceptable performancelevel shall be based on drifts corresponding to Onset of Strength Loss in the seismic force- resisting wood-frame elements.
• The maximum limit probabilitv'ofexceedance (POE) for evaluation or retrofit design shall be 20%. • Limit diaphragm ratio to 2:1.
• Where open line is not retrofitted, the cantilever diaphragm shall be analyzed and shown to be adequate. • A detailed building survey which documents the existing sheathing materials for walls and diaphragms shall be provided for approval.

Capacity Based Design
• The retrofit demand to the Open Line, based on the Design Base Shear, shall be permitted to be limited based on the maximum force that can be delivered to the new lateral force-resisting system, in accordance with ASCE 7-10 Section 12.14.3.2. The maximum force maybe calculated based on either:
o The combined capacity of the entire second story wall immediately above the new lateral force-resisting system plus the capacity of the second floor diaphragm along the entire line being considered, or o By using a ratio of the full second story capacity to the second story design shear, to derive a scale factor on the Design Base Shear.

- _..,,~"'u.. "-
'<);'+-, ":""~ ... CITY OF CARPINTERIA 15

COMMUNITY DEVELOPMENT DEPARTMENT, BUILDING & SAFETY
5775 Carpinteria Ave., Carpinteria, CA 93013
(805) 684-5405 (805) 684-5304 FAX
httes://careinteriaca.gov

SEISMIC DESIGN GUIDELINES

FOR EXISTING WOOD-FRAME BUILDINGS WITH SOFT, WEAK OR OPEN-FRONT WALLS 0 A continuous collector element shall be provided along the entire wall line, designed in accordance with the Additional Design Considerations above.
• A detailed building survey which documents the existing sheathing materials for walls and diaphragms shall be provided for approval.
• The following Minimum Strength Values shall be assumed based on the findings of the survey. For shear walls, Minimum Strength Values represent a single layer of sheathing for one side of a wall. The listed values shall be additive based on the total layers of sheathing materials considering each side of the wall.

Existing Materials or Configuration of Materials for Shear Walls Minimum Strength Values Stucco 333 plf
Horizontal Wood Sheathing 171 plf
Diagonal Wood Sheathing 913 plf
Plaster on Wood/Metal Lath 538 plf (wood lath)
Gypsum Wall Board 213 plf
Plaster on Gypsum Lath 402 plf
WSP, 8d@4" O.C. 1112 plf
WSP, 8d@2" O.C. 2192 plf
WSP, 10d@4" O.C. 1496 plf
WSP, 10d@2" O.C. 2512 plf
.,

CITY OF CARPINTERIA

COMMUNITY DEVELOPMENT DEPARTMENT, BUILDING & SAFETY
5775 Carpinteria Ave., Carpinteria, CA 93013
(805) 684-5405 (805) 684-5304 FAX
https:/ /carpinteriaca.gov

SEISMIC DESIGN GUIDELINES

FOR EXISTING WOOD-FRAME BUILDINGS WITH SOFT, WEAK OR OPEN-FRONT WALLS Existing Materials or Configuration of Materials for Diaphragms Minimum Strength Values Single Straight Sheathing
120 plf (w/o wood flooring)
1500 plf (w/wood flooring)
Double Straight Sheathing
600 plf (chorded)
400 plf (unchorded)
Single Diagonal Sheathing
600 plf (chorded)
420 plf (unchorded)
1800 plf (w/wood flooring)
Double Diagonal Sheathing
900 plf (chorded)
625 plf (unchorded)
Straight Tongue-and-Groove Sheathing 300 plf
WSP
5 , 8d@4" O.C. 1080 plf
. WSP
5 , 8d@2" O.C. 1800 plf
WSP5, 10d@4" O.C. 1275 plf
WSP5, 10d@2" O.C. 2190 plf
Quality Assurance
Structural Observation
All structures affected by this ordinance require structural observations by this ordinance. The owner shall employ the Engineer of Record responsible for the structural design or another registered Engineer designated by the Engineer of Record to perform structural observations as defined in the Building Code. ; The designated design professional shallvisit the site to verify applicable existing materials and framing details in the location of the new work. Where the condition of the materials is observed to be deteriorated or structurally . compromised the design professional shall submit a testing and/or repair program for City review and approval. Where access is not available, the design professional shall clearly identify on the construction drawings the elements that need to be verified in the field prior to fabrication and erection.

All structures to be retrofitted require structural observation during construction in accordance with the Building Code.

The design professional shall list on the construction drawings the milestones when the contractor shall notify the design professional to visit the site. One of the milestones shall include verification of critical existing elements and/or connections between new and existing elements utilized in the load path transfer.

Special lnspection(s)
Special Inspections shall be provided as required by the Building Code. Additional inspections shall be noted on drawings as required by the Building Official.

CITY OF CARPINTERIA

COMMUNITY DEVELOPMENT DEPARTMENT, BUILDING & SAFETY
5775 Carpinteria Ave., Carpinteria, CA 93013
(805) 684-5405 (805) 684-5304 FAX
https://carpinteriaca.gov

SEISMIC DESIGN GUIDELINES

FOR EXISTING WOOD-FRAME BUILDINGS WITH SOFT, WEAK OR OPEN-FRONT WALLS Declarations
Engineer's or Architect's Statement
At a minimum, the responsible engineer or architect shall provide the following statement on the approved plans:
"I am responsible for designing this building's seismic strengthening in compliance with the minimum standards of the Mandatory Seismic Retrofit Program for Existing Wood-Frame Buildings with Soft, Weak, or Open-Front Walls (Chapter

15. 72 of the City of Carpinteria Municipal Code).
11 Engineer's or Architect's Close Out Letter
The responsible engineer or architect shall provide a letter to the Building Official at the end of the construction indicating that they have conducted the required structural observations and that the final construction meets the intent of the drawings.

Owner's Statement
At a minimum, the Owner or Owner's representative shall provide the following statement on the approved plans:
"I, _, understand the seismic evaluation and strengthening performed under this project is limited to that specified in the Mandatory Seismic Retrofit Program for Existing Wood-Frame Buildings with Soft, Weak, or Open-Front Walls (Chapter 15. 72 of the City of Carpinteria Municipal Code} which is intended to reduce the risk under a seismic event. I understand the full building has not been evaluated nor strengthened for other potential structural deficiencies that may cause a life safety concern, injury, or property damage risk under a seismic event."

Attachment C
Screening Form
For Existing Wood-Frame Buildings with Soft, Weak,
or Open-Front Walls
Seismic Retrofitting of Soft-Story Buildings
January 8, 2024 City Council Meeting

CITY OF CARPINTERIA

COMMUNITY DEVELOPMENT DEPARTMENT, BUILDING & SAFETY
5775 Carpinteria Ave., Carpinteria, CA 93013
(805) 684-5405 (805) 684-5304 FAX
https:/ /carpinteriaca.gov/

SCREENING FORM

FOR EXISTING WOOD-FRAME BUILDINGS WITH SOFT, WEAK OR OPEN-FRONT WALLS This screening form is the first milestone (optional) set forth Section 15.72 of the Carpinteria Municipal Code for the retrofit of existing wood-frame buildings with soft, weak, or open-front walls. This screening form is intended to provide City with additional information to determine if a building is in the scope of the ordinance and a retrofit is required or if the building is exempt from further evaluation.

This screening form must be prepared by a Design Professional (Civil Engineer or Structural Engineer) registered in the State of California.

Separate buildings on the same parcel should be submitted on separate screening forms.

Additional information about the Seismic Retrofit Program can be found at:
https://carpinteriaca.gov

CITY OF CARPINTERIA

COMMUNITY DEVELOPMENT DEPARTMENT, BUILDING & SAFETY
5775 Carpinteria Ave., Carpinteria, CA 93013
(805) 684-5405 (805) 684-5304 FAX
https://carpinteriaca.gov

SCREENING FORM

FOR EXISTING WOOD-FRAME BUILDINGS WITH SOFT, WEAK OR OPEN-FRONT WALLS Section 1: Building and Owner Information
Building Information:

Building
Address:

Parcel Number: Vear Built:

No. of Units In No. of Stories
Building: Above Grade:

Basement: Full□ Partial D None D
Owner Information:

Name:

Mailing
Address:

City, State: Zip:

Email: Phone:

CITY OF CARPINTERIA

COMMUNITY DEVELOPMENT DEPARTMENT, BUILDING & SAFETY
5775 Carpinteria Ave., Carpinteria, CA 93013
(805) 684-5405 (805) 684-5304 FAX
https://carpinteriaca.gov

SCREENING FORM

FOR EXISTING WOOD-FRAME BUILDINGS WITH SOFT, WEAK OR OPEN-FRONT WALLS Section 2: Scope of Determination and Building Type. This section must be completed by a design professional registered in the State of California Question: Yes No

1. Was the original permit for construction applied for before January 1, 1991 □ □

2. Is the first story of the building or the first story above a concrete podium, of Type V (wood-frame) construction? □ □

3. Does the building have open wall lines(s) or open ground floor parking on the first floor (or on the first wood-framed floor above a concrete podium) similar to the configurations exhibited on page 8 of this form? □ □

4. If the answer to question 3 is YES, which configurations from page 8 apply? Check all that apply:

Type: A□ B□ c□ o□
If any of the questions 1 through 3, above, are marked "NO," the building may be exempt from compliance with Section 15.72 of the Carpinteria Municipal Code.

Answer question 5, below, and if NO, proceed to Section 5.

If any of the questions 1 through 3, above, are marked "YES," proceed to Section 3.

5. Has the building been retrofitted previously? If YES, complete Section 4. □ □

CITY OF CARPINTERIA

COMMUNITY DEVELOPMENT DEPARTMENT, BUILDING & SAFETY
5775 Carpinteria Ave., Carpinteria, CA 93013
(805) 684-5405 (805) 684-5304 FAX
https://carpinteriaca.gov

SCREENING FORM

FOR EXISTING WOOD-FRAME BUILDINGS WITH SOFT, WEAK OR OPEN-FRONT WALLS Section 3: Plan and Elevation Sketches and Photographs. This section must be completed by a design professional registered in the State of California In order to determine the status of the building and its compliance with ChapterlS.72 of the Carpinteria Municipal code, the following documents shall be submitted as attachments to be reviewed by the Building Official:

1. Provide a floor plan of the ground floor with dimensions and drawn to scale.* The plan shall include the following:
a. A dotted outiine of the floor above the ground floor, including the locations and dimensions of balconies, cantilevers, and setbacks
b. Provide labels identifying areas of different use or occupancy group c. Provide a north arrow, and show street names adjacent to the property

2. Provide elevations of the perimeter walls indicating width of openings and total length of wall (openings shall include windows, doors, etc.)
a. Indicate apparent wall material (e.g. wood frame, steel frame, concrete, block or brick)

3. Provide photos of the perimeter walls
a. Indicate which elevation the photo show (e.g. north, south, east, west) b. Include the date when it was taken

4. Identify scope of proposed retrofit
a. Clearly identify on the drawings which liries are to be retrofitted Upon review of the documents listed above, the Building Official may require additional information. *Note: Documents to be in 24x36 format only.

Page4of8

CITY OF CARPINTERIA

COMMUNITY DEVELOPMENT DEPARTMENT, BUILDING & SAFETY
5775 Carpinteria Ave., Carpinteria, CA 93013
(805) 684-5405 (805) 684-5304 FAX
https://carpinteriaca.gov

SCREENING FORM

FOR EXISTING WOOD-FRAME BUILDINGS WITH SOFT, WEAK OR OPEN-FRONT WALLS Section 4: Previous Seismic Retrofit. This section must be completed by a design professional registered in the State of California
Question: Yes No

1. Has a previous seismic retrofit been completed? □ □

2. If YES, does the previous completed seismic retrofit meet or exceed the requirements of Chapter 15.72 of the Carpinteria Municipal Code? □ □

3. If YES, please provide the permit
number:

4. Please attach supporting documentation, including drawings and structural calculations for review by the Building Official:

CITY OF CARPINTERIA

COMMUNITY DEVELOPMENT DEPARTMENT, BUILDING & SAFETY
5775 Carpinteria Ave., Carpinteria, CA 93013
(805) 684-5405 (805) 684-5304 FAX
https://carpinteriaca.gov

SCREENING FORM

FOR EXISTING WOOD-FRAME BUILDINGS WITH SOFT, WEAK OR OPEN-FRONT WALLS Section 5: Building Determination, Design Professional Statement, Owner Acknowledgment Building Status of Compliance with Chapter 15.72 of the Carpinteria Municipal Code Directions: Please check one box only:

NON-EXEMPT: Building is to be retrofitted in accordance with Chapter 15.72 of the Carpinteria Municipal Code □
EXEMPT: Building is not subject to compliance with Chapter 15.72 of the Carpinteria Municipal Code per information provided in Section 2 □
EXEMPT: Buiiding is not subject to compliance with Chapter 15.72 of the Carpinteria Municipal Code. All soft, weak, open wall lines have been previously retrofitted per information provided in Section 4
□
Design Professional, Please read and complete the following:

Under penalty of perjury, I certify that the information provided in this Screening Form is based on my personal review of the building and its records, or review by others acting under my direct supervision, and is correct to the best of my knowledge.

Date Stamped and Signed
Firm Name
Design Professional Phone Number
Design Professional Email
;..•
Sign and Stamp
Owner Acknowledgement:

I have reviewed this form with the design professional listed above and I understand and agree with the conclusions of this Screening Form.

Signature Date

§ CITY OF CARPINTERIA

COMMUNITY DEVELOPMENT DEPARTMENT, BUILDING & SAFETY
5775 Carpinteria Ave., Carpinteria, CA 93013
(805) 684-5405 (805) 684-5304 FAX
htt~s://car~interiaca.gov

SCREENING FORM

FOR EXISTING WOOD-FRAME BUILDINGS WITH SOFT, WEAK OR OPEN-FRONT WALLS Section 7: For Community Development Department Use Only Yes No

1. The screening form is complete and acceptable to the City of Carpinteria as presented: □ □

2. If NO, the following sections of the form submitted are incomplete:

Section 1: Building and Owner Information □ □
Section 2: Scope of Determination & Building Type □ □
Section 3: Plan/Elevation Sketches & Photographs □ □
Section 4: Previous Seismic Retrofit □ □
Section 5: Design Professional Statement & Owner Acknowledgment □ □ The following additional information is required:

Building Official Signature Date

CITY OF CARPINTERIA

COMMUNITY DEVELOPMENT DEPARTMENT, BUILDING & SAFETY
5775 Carpinteria Ave., Carpinteria, CA 93013
(805) 684-5405 (805) 684-5304 FAX
https://carpinteriaca.gov

SCREENING FORM

FOR EXISTING WOOD-FRAME BUILDINGS WITH SOFT, WEAK OR OPEN-FRONT WALLS Section 8: Building Configurations:

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Attachment D
Previous City Council Meeting Minutes
Seismic Retrofitting of Soft-Story Buildings
January 8, 2024 City Council Meeting
Minutes from Three Previous City Council Hearings Related to Seismic Retrofit Program for Existing Wood-Frame Buildings with Soft, Weak, or Open-Front Walls
May 13, 2019 - Initiation of Program (Item 9)

9. Initiation of City regulations concerning Seismic Retrofitting of Soft-Story Buildings.

Recommendation: Based on the options described in the staff report, initiate amendment to the Carpinteria Municipal Code Chapter 15.70 - BUILDING SEISMIC SAFETY concerning vulnerable buildings and seismic retrofitting of soft-story building.

Dan Chepley, Building Inspector/Plans Examiner, presented the staff report and PowerPoint presentation.

Councilmember Shaw inquired regarding prioritizing buildings for seismic retrofitting.

Steve Goggia, Community Development Director, responded that potential soft-story buildings would be identified and letters would be sent to the owners to ask that they take part in the process. He stated that the owners would be asked to seek an assessment from a registered architect or engineer to develop a plan within a certain timeframe if their buildings are found to be defective and need to be retrofitted. He also stated that all of the ·15 soft-story buildings in the city would be considered at the same time. Dave Durflinger. City Manager, added that the City Council could prioritize one group of properties over another. He noted that staff's recommendation would be to have a uniform standard due to the number of buildings to be retrofitted.

Councilmember Carty inquired whether it would be the property owner's responsibility to seek a registered architect or engineer. Mr. Chepley responded that the property owner would need to seek an engineer at their cost to provide an assessment on whether the building meets the criteria of the retrofit program. Councilmember Carty expressed concern with the projected cost estimates for retrofitting soft-story structures.

Mr. Chepley addressed the importance of assessing structures for seismic vulnerability; current building standards for new soft-story buildings; potential impacts to the property value if a building is identified as a soft-story structure; possible exceptions should a future State mandate come after a city-imposed ordinance; and consequences to property owners should they not comply with the guidelines which could include a lien against the property and possible punitive damages.

Mr. Durflinger referred to the existing Municipal Code Chapter 15. 70. 70 regarding seismically vulnerable buildings, which includes an enforcement and penalty section.

There were no Public Comments.

Motion by Vice Mayor Clark. seconded by Councilmember Shaw, to direct staff to prepare a draft ordinance amending the Carpinteria Municipal Code Chapter 15.70 - Building Seismic Safety, concerning vulnerable buildings and seismic retrofitting of SoftStory buildings.

Upon voice vote, motion carried unanimously.

Attachment D

January 13, 2020 - First Reading Continued to January 27th (Item 8)

8. Ordinance No. 737 adding Chapter 15.72 (Mandatory Seismic Retrofit Program for Existing Wood-Frame Buildings with Soft, Weak, or Open-Front Walls) of Title 15 (Buildings and Construction) of the City of Carpinteria Municipal Code Regarding Building Seismic Safety. (Continue to 1127120) Recommendation: Continue to City Council meeting of January 27, 2020.

Steve Goggia, Community Development Director, presented the staff reports for Items 7 and 8 concurrently.

Motion by Councilmember Shaw, seconded by Vice Mayor Clark, to continue Items 7 and 8 to the City Council Meeting of January 27, 2020.

Upon voice vote, motion carried unanimously.

January 27, 2020 - First Reading (Item 10)

10. Ordinance No. 737, an Ordinance of the City Council of th City of Carpinteria, adding to Carpinteria Municipal Code Title 15, Chapter 15. 72, entitled, "Mandatory Seismic Retrofit Program for Existing Wood-Frame Buildings with Soft, Weak or Open-Front Walls. (Continued from January 13, 2020) (Requires reading of ordinance title and roll call vote)
Recommendation: Conduct a public hearing; introduce and waive the first reading of Ordinance No. 737, Mandatory Seismic Retrofit Program for Existing Wood-Frame Buildings with Soft, Weak or Open-Front Walls; set the second reading and adoption for the City Council meeting of February 10, 2020.

Steve Goggia, Community Development Director, and Dan Chepley, Chief Building Inspector/Plans Examiner, presented the staff report and PowerPoint presentation.

Mr. Goggia addressed the environmental impacts and clarified that the work being performed for the seismic upgrades for the buildings would be exempt pursuant to CEQA Guidelines Section 15301. He also requested that the City Council add CEQA Guidelines Section 15060 (c) 3 to the ordinance, which indicates that the activity is not a project as defined in CEQA 15378. He noted the following additional changes to the ordinance: clarify that the ordinance applies to buildings that contain five or more units; a building with four or fewer is an exemption; Section 15.72.060 Administration, a.

Issuance of Notice to Owner, strike out "in accordance with the priorities set forth in Table B''; and Section 15.72.060 Administration, e. Extensions "With the exception of the one-year period ... " should be "With the exception of the six-month period ... " Mr. Goggia and Mr. Chepley responded to a question regarding penalties for violation by referring to Section 15. 72.130, and a question regarding exceptions under Section

17.72.060 of the ordinance in order to gain voluntary compliance.

A discussion ensued regarding the location of soft story buildings in the City; concerns regarding the cost associated with securing certified engineering reports and with Attachment D

seismically retrofitting a soft story building; exploring alternative programs through the Office of Emergency Services; and instances where extensions might be granted.

Mack Car1son, on behalf of Brownstein Hyatt Farber Schreck, LLP acting as City Attorney of the City of Carpinteria, responded to a question regarding any legal Issues associated with the City requiring a mandatory seismic retrofit program when it is not required by the State by stating that the State published Health and Safety Code beginning in Section 19160 in that the Seismic Safety Commission recommended that State Legislation be enacted to require state and local building code enforcement agencies to identify potentially hazardous buildings and to adopt mandatory mitigation programs that would significantly reduce unacceptable hazards by 2020. It is the intent of the legislator to encourage cities and counties to address seismic safety of soft story residential buildings, and encourage local governments to Initiate efforts to reduce the seismic risk in vulnerable soft story residential buildings Additionally, Section 19163 includes specific requirements that should be included In any local ordinance related to seismic retrofit. He stated that although not required under State law, the legislator has acted to encourage local jurisdictions to adopt these types of ordinances.

Mr. Goggia responded to a question regarding impacts from sea level rise policies to soft story buildings.

Mayor Nomura opened the Public Hearing at 6:30 p.m.

Kathy Henry spoke in support of the adoption of Ordinance No. 737.

Bob Beechinor recommended that affected property owners be provided a copy of Ordinance No. 737. He expressed concern with the cost to retrofit soft story buildings Adam Manfredovia inquired regarding what other jurisdictions have put in place for seismic retrofit programs, including costs and funding programs.

Mayor Nomura closed the Public Hearing at 6:47 p.m.

Motion by Councilmember Shaw, seconded by Vice Mayor Clark, to waive the first reading of Ordinance No. 737, Mandatory Seismic Retrofit Program for Existing WoodFrame Buildings with Soft, Weak or Open-F rant Walls; set the second reading and adoption for the City Council meeting of February 10, 2020; Include the changes brought forth by staff; and have the City conduct a workshop.

Dave Ourflinger, City Manager, responded to a question regarding whether the workshop could be held before February 10, 2020, by stating that the City Council could defer enacting the ordinance on first reading and ask staff to conduct workshops and bring back the ordinance: the City Council could adopt the ordinance on first reading and direct staff to hold workshops and come back for the second reading at a later date; or conduct the workshops after adoption of the ordinance. He noted that there was no timeline or mandate from the State to implement the program.

Amended motion by Councilmember Shaw, seconded by Vice Mayor Clark, to have the second reading of Ordinance No. 737 set for the second meeting in March.

Attachment D

1 Fidela Garcia, City Clerk, read Ordinance No. 737 by title only.

Roll call on motion:

AYES: Councilmember Lee, Councilmember Shaw, Vice Mayor Clark, Mayor Nomura NOES: Councilmember Carty
ABSTAIN: None
ABSENT: None
Motion carried.
****
City of Carpinteria
Cour.rcu- Aceruoa Srarr Reponr
January 8,2024

ITEM FOR COUNCIL CONSIDERATION
lntroduction and first reading of Ordinance No. 776, an Ordinance of the City Council of the City of Carpinteria, California, repealing and replacing in its entirety Carpinteria Municipal Code (CMC) Chapter 8.50, concerning the regulation of certain polystyrene and single-use plastic items.

STAFF RECOMMENDATION
Staff recommends Council approve Ordinance 776, as read by title only Sample Motion: I move to approve Ordinance No. 776, introduced as read by title only and continue to the regular meeting of January 22,2024. (This motion requires reading of ordinance title and roll call vote)

BACKGROUND
ln October 2008, the Carpinteria City Council adopted Ordinance No. 637 (codified as CMC Chapter 8.50) which regulated the distribution of expanded polystyrene (EPS) food containers for take-out at restaurants.
ln March 2012, the City Council adopted Ordinance No. 655, regulating the use of single-use plastic and paper bags. These regulations were successfully implemented in the city with the cooperation of the affected businesses, greatly reducing the number of EPS and single-use bags in the Carpinteria environment and their diversion to landfills.

Chapter 8.50 was amended in 2017 by Ordinance No.719 and Ordinance No. 727 in 2019, further regulating expanded polystyrene and other single-use plastic products to include retail sale products, single-use food ware items, and EPS pdckaging materials Plastic is made of non-renewable petroleum products. When exposed to the elements, it photodegrades, breaking up into smaller and smaller pieces that are difficult and expensive to remove from the environment. These small pieces of plastic debris, known as microplastics, are increasingly found throughout the environment, including in soil, Ordinance No. 776
January 8,2024

water, and airborne. This is of particular concern because microplastics, which are defined as pieces of plastic less than five millimeters in length, have been found in wildlife, domestic food sources, and in the human body and are believed to cause a host of health issues such as reproductive, metabolic and neurodevelopmental hazards.l
Waste reduction mandates have been a strategy of the California Legislature for many years, first starting in 1989 with the lntegrated Waste Management RLt wnicn formed the lntegrated Waste Management Board (now called the Catifornia Department of Resources Recycling and Recovery, ot CalRecycle). More recently, the state has regulated the distribution of single-use bags, used motor oil, and the Plastic pollution and Packaging Producer Responsibility Act (Senate Bill 54), which aims to reduce single-use plastic packaging and shift the plastic pollution burden from the consumer to the producer. Extended producer responsibility regulations like SB 54 have been found to be the most effective way of reducing waste at its source2.

Single-use plastics continue to be challenging to recycle due to a large variation in chemical composition. For instance, polyethylene terephthalate (PEf) plastic botfles are considered a higher grade plastic and are all made from similar high-grade pET plastics, and have a recycling market here in California. High Deniity polyethylene (HDPE) plastics, on the other hand, are considered a lower grade plastic due to the varying chemical composition that makes it difficult to remanufacture into another product. Recycling rates for all plastic remains low, with an estimated 8.5% of all plastics being recycled3. Since 2018, the largest market for recycling, China, has implemented increasingly strict contamination regulations in an effort to reduce pollution. Most plastics are stockpiled, landfilled, or sent overseas, where it may be remanufactured but is often landfilled or incinerated.

Beginning in March 2020 and throughout the Covid-19 pandemic, the City paused enforcing most of its extended producer responsibility regulations, including single-use plastics regulations, in accordance with the provision that implementation of suCh regulations would be suspended during a locally declared emergency. Prior to beginning outreach to businesses to bring them back into compiiance, staff is proposing several updates to the single-use plastics regulations.

On November 15, 2023, staff presented draft updates to the City's existing single-use plastics regulations to the Sustainability Committee in response to recent legislation regulating plastics and was directed to bring forward a draft ordinance with ihose 1 Claudia Campanale et al., A Detailed Review Study on Potentiat Effects of Microptastics and Additives of Concern on Human Health,lnternational Journal of Environmental Research and public Health (February 2020), available at https://www.ncbi.nlm.nih.gov/pmc/articles/PMC706860O/. 2 California Department of Resource, Recovery, Recyciing,'Pla stic Poltution prevention and packaging Producer Responsibility Act SB 54, at https://calrecycle.ci.gov/packaqing/packaqinq-epr/ laccessed on January 2,2023).
3 US Environmental Protection Agency, Advancing Sustainabte Materiats Management (201g), https://www.epa.gov/sites/defaulUfilesl2020-11/documentsi2018_tables_and_figures.pdf Ordinance No. 776
January 8,2024

updates incorporated. The purpose of this agenda matter is to present said ordinance amending Chapter 8.50 of the CMC further regulating polystyrene and single-use plastics.

DISCUSSION
Staff is planning an extensive business outreach campaign to take place from January 2024 through June of 2024 to bring businesses back into compliance with existing regulations. ln preparation for that effort, staff is proposing several updates to CMC Chapter 8.50, as summarized below. Some of these changes are to align more closely with new state regulations, while others further the City's efforts to reduce waste from the landfill.

Polystyrene Products
Polystyrene is a light material made of petrochemicals used to make food containers, packaging materials, and disposable ice chests. Polystyrene is a problematic material as it easily enters the environment as litter due to its lightweight and durable nature.

Expanded polystyrene products (often incorrectly referred to as Styrofoam) have a foam structure that easily break into small pieces, making them difficult and expensive to remove from the environment. Rigid polystyrene, often labeled with the recycling code PS or #6, is difficult to recycle, and most foodware items with this label are nonrecyclable. The existing regulations prohibit all expanded polystyrene single-use products.

Revision: Expand the regulations to a prohibition of all polystyrene foodware and packaging material.

Food Service Ware and Condiments (AB 1276)
On October 5,2021, Assembly Bill 1276 was signed into law prohibiting a food facility from providing single-use foodware accessory or standard condiments to a consumer unless requested and those items are prohibited from being bundled or packaged in a way that prohibits the consumer from taking only the item desired.

Revision: Added language regarding bundling and packaging to comply with AB 1276.

Removal of Marine Deqradable (AB 2287)
When the City first adopted these regulations, "marine degradable" was a certification available in California. Assembly Bill 2287 acknowledged no movement on developing the certification and discontinued the "marine degradable" standard.

Revision: Removed the term "marine degradable" from the Ordinance language.

Ordinance No. 776
January 8,2024

Redefine "Compostable" and "Recvclable" (SB 54\
Senate Bill 54, the Plastic Pollution and Packaging Producer Responsibility Act, aims to prohibit materials that are not recyclable or compostable from being distributed in California. To align with these regulations, the definitions of compoiable and recyclable have been updated.

Revision: Redefine "compostable" and "recyclable" to align with SB 54 definitions.

Reusable Foodware (AB 619)
California Health and Safety Code Sections 114121 and 1 14353 were updated in 2019 to allow businesses to use customer-provided reusable containers, as long as the containers are clean and in good condition. Food providers have the discretion to prepare and maintain written procedures, and may provide a discount to customers who provide their own foodware at their discretion.

Reducing single-use materials is the most effective way to address waste and pollution problems, and encouraging local businesses to adopt procedures allowing reusable materials can also encourage behavior change of customers. Coffee shops are an example of businesses that have allowed customers to bring reusable foodware in the form of cups; the intent of including this in Ordinan ce 776 islo encourage local businesses to participate in source reduction on a rarger scare.

Revision: lncorporate amendments to the Catifornia Heatth and Safety Code, ailowing reusable foodware.

Additional ltems for Consideration
While conducting outreach prior to bringing the proposed changes fonrvard for consideration, the City received public comment regarding regulating mylar balloons and the release of latex balloons. Balloons, made from latex or the foil-and-polyester material commonly known as Mylar, inflated with helium or another gas lighter ihan air are able to travel long distances and commonly end up in the ocean and waterways.

The environmental impacts of balloon releases pose threats to both marine and landbased species due to the balloons being confused for food and ingested, causing starvationa. Additionally, it is common for balloons to have a stringLd ribbon attaChed which can cause entanglement and strangulations.
ln 1990, California passed Senate Bill 1990, enacting a Balloon Law to regulate the sales and use of helium-filled foil or Mylar balloons in an effort to reduce pbwer outages 4 NOAA Marjne Debris Program Why is Marine Debris a Problem, https://marinedebris.noaa.gov/discovermarine-debris/why-marine-debris-problem 5 U.S. Fish and Wildlife Service Ballons and Wildtife, https://www.fws.gov/story/2o15-08/balloons-andwild life-please-dont-release-vour-balloons Ordinance No. 776
January 8,2024

ln 2008, Senate Bill 1499 was passed to increase the fine for violating the provisions in SB 1990 and required manufacturers or distributors from shipping Mylar balloons to retailers without providing a notice describing the retailer's responsibilities. ln 2018, Assembly Bill 2450 was passed and required a warning to be placed on each balloon about the dangerous risk of fire if the balloon were to come in contact with an electrical power line. Other states with balloon regulations include Connecticut, Florida, Tennessee, and Virginia. Although not required by state law, the California cities of Goleta, Fairfax, and Laguna Beach have prohibited the sale, distribution, and use of all balloons.

Staff has included draft language for consideration under Section 8.50.090 in Ordinance No. 776, which would prohibit the use and distribution of mylar balloons and latex gasfilled balloons.

Revision: Added language prohibiting the distribution of all mylar balloons, as well as the distribution of latex balloons filled with air orgases lighter than air.

Potential lmpacts to Businesses
The most frequently cited impact to businesses is cost. The average cost of a singleuse plastic foodware accessory is between $0.007 and $0.089. The average cost of a single-use plastic alternative foodware accessory is between $0.014 and $0.155 per unit. These costs vary widely between type of foodware accessory and material. lt is expected that reducing the distribution of single-use products would balance the expense of envi ronmental ly friend ly alternatives.

Outreach
An important part of regulating products is working with the local community. Staff gathered input and solicited feedback from the community for these proposed changes via social media posts and the City newsletter, The Currenf. The City currently has a Civicspark Fellow whose primary project is outreach for the Solid Waste and Watershed Management programs. Over the coming months the Fellow will be conducting outreach with local businesses to educate them on the updated regulations for both programs, as well as the resources that the City can provide to help bring businesses into compliance.

POLICY CONSISTENCY
The ordinance amendment is consistent with the City's General Plan6 (Open Space, Recreation & Conservation Element (OSC)/ Public Facilities & Services Element (PF)), 6 https://carpinteriaca.gov/city-hall/community-developmenUplanning/general-plan-coastal-land-use-plan/ Ordinance No. 776
January 8,2024

Sustainable Community PolicyT, and MS4 permitting programs, which direcly reference and aim to reduce waste or encourage recycling and sustainability. These policies are consistent with state laws and regulations intended to reduce the plastic burden on the environment, such as sB s4, AB 1276, and AB 2297, discussed above.

FINANCIAL CONSIDERATIONS
No Additional Funding Requested. Minimal staff time to prepare the report is included in the Adopted FY 2023-2024 Budget. Ordinance No. 776 would add regulations to the Carpinteria Municipal Code. lt is expected that implementation and enfoicement of the regulations would be addressed by existing budgeted resources.

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
The City Attorney's Office has reviewed the agenda materials and will be available to answer questions at the meeting.

OPTIONS
1' Approve Ordinance No. 776, introduced as read by title only and continue to the regular meeting of January 22,2024.

2. Approve Ordinance No. 776, with changes and continue to the regular meeting of January 22,2024.

3. Do not approve ordinance No. 776 and further direct staff.

PRINCIPAL PARTIES EXPECTED AT MEETING
None.

ATT ENTS
Attachment A. ordinance No. 776, Regulating Polystyrene and Single-Use plastic Products.
7 https://carpinteriaca.gov/wp-contenUuploads/2020/03/5ustainable-Community-policy-Resolution5500.pdf 8 https://www.waterboards.ca.gov/water-issues/programs/stormwater/phase_ii_municipal.html Ordinance No. 776
January 8,2024

Staff contact: Erin Maker, Environmental Program Man?g\er (805) 880-3415, [email protected] /\
Reviewed by: John llasin, Public Works Director
(805) 880-3402, [email protected]
Reviewed by: Michael Rameriz, City Manager
(805) 7 55-4400, [email protected]
Signature

ATTACHMENT A
Ordinance No. 776, Regulating Polystyrene and Single-Use Plastic Products ORDINANCE NO. 776

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

CARPINTERIA REPEALING AND REPLACING IN ITS ENTIRETY
CARPINTERIA MUNICIPAL CODE CHAPTER 8.50, REGULATING

POLYSTYRENE PRODUCTS AND SINGLE-USE PLASTICS
WHEREAS, the City of Carpinteria ("City") pursuant to its police powers has the authority to enact laws which promote the public health, safety and generalwelfare of its residents; and, WHEREAS, the City is required under state and federal law to implement policies and programs to protect unique coastal resources and environmentally sensitive habitat areas, reduce the amount of waste generated in the community that goes to landfills, and prevent storm water runoff from polluting creek and ocean waters; and,
WHEREAS, the Carpinteria community is attractive to residents, businesses, and visitors due to a local economy and quality of life that is centered on a clean and healthy environment, including but not limited to, parks, public open spaces, creeks, estuary, tidelands, and the ocean; and,
WHEREAS, plastic pollution, including single-use plastics and polystyrene, have raised environmental and health concerns related to water pollution, the welfare of marine life, and human health; and,
WHEREAS, numerous studies have documented the prevalence of plastic debris in the environment, including in storm drains and on beaches, negatively impacting the local environment and creating clean-up costs for the City; and, WHEREAS, the state Legislature recognized that littered plastic products have caused and continue to cause significant environmental harm and have burdened local governments with significant environmental cleanup costs. The state Legislature further declared its intent to ensure that environmental marketing claims, including claims of biodegradation of plastics, do not lead to an increase in environmental harm associated with plastic litter by providing consumers with a false belief that certain plastic products are less harmful to the environment (California Public Resources Code 542355); and,
WHEREAS, recycling of polystyrene and many single-use plastics is currently not available through the City's franchise waste hauler or anywhere in the region and it is not financially feasible for the City to develop such a program; and,
WHEREAS, there are alternatives to polystyrene and single-use plastic items available, and,
WHEREAS, it is in the City's interest to establish programs and services that reduce the amount of litter in the environment, in particular beach litter and marine pollution, to increase the quality of life for the City's residents and visitors and protect local wildlife habitat.

I 89692 I 8
NOW, THEREFORE, the City Council of the City of Carpinteria does hereby ordain as follows:

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

SECTION 2. AMENDMENT TO CODE
Chapter 8.50 of Title B (Health and Safety) of the Carpinteria Municipal Code is repealed and replaced in its entirety to read as follows:
"8.50.0{0 Tifle
The title of this Chapter shall be "Regulating Polystyrene Products and Single-use plastics."

8.50.020 Purpose
The purpose of these provisions is to promote:

A. The protection of unique coastal resources found in Carpinteria and identified for protection as a part of the City's General Plan/Local Coastal Plan including the Carpinteria "El Estero" Salt Marsh, Beaches, Tidelands, Offshore Reefs, Harbor Seal Rookery, and Creekways and Riparian Habitat.

B. Protection of public health, safety, and general welfare.

C. Compliance with federal, state, and local laws regarding water quality and waste diversion.

D. A reduction in the amount of waste and debris in City parks, public open spaces, creeks, estuary, tidelands and the ocean, and the amount of material going to landfills.

8.50.030 Definitions
The following words and phrases, whenever used in this chapter, shall have the meanings defined in this section unless the context clearly indicates otherwise:

A. 'ASTM Standard" means meeting the American Society for Testing and Materials (ASTM) international standard D6400 or DGB68 for compostable plastics, as those standards may be amended.

B. "City Facility" means any building, structure or vehicle owned or leased by the City of Carpinteria, its agents, agencies, and departments.

C. "City Contractor" means any Person or entity that enters into an agreement with the City to furnish products or services to or for the City.
2 18969218
D. "Compostable" means means Disposable Foodware and Disposable Foodware Accessories that are is designed to be collected for recovery with organic waste, such as food scraps and yard trimmings, and are free of all intentionally added Fluorinated Chemicals, as certified by the Biodegradable Product lnstitute (BPl) or other independent third-party certifying organization or agency recognized by the City.

E. "Disposable Foodware" means disposable products designed to be used once, or for a short period of time, before being discarded, typically used for serving, consuming, or transporting Prepared Food. Disposable Foodware includes, but is not limited to, plates, bowls, trays, cups or drinkware, or any container in or on which Prepared Food is placed or packaged for consumption, and includes Disposable Foodware Accessories.

F. "Disposable Foodware Accessories" means disposable products designed to be used once, or for a short period of time, before being discarded, typically for serving, consuming or transporting Prepared Food, and includes, but is not limited to, wrappers or wrapping, condiment containers, straws, utensils, stirrers, and lid plugs (splash sticks).

G. "Events Promoter" means an applicant or their agent for any event permit issued by the City or any City employee(s) responsible for any City-organized event.

H. "Expanded Polystyrene" means blown expanded and extruded polystyrene or other plastic foams which are processed by any number of techniques including, but not limited to, fusion of monomer spheres (expanded bead plastic), injection molding, foam molding, and extrusion-blown molding (extruded foam plastic). Expanded Polystyrene and other plastic foam is generally used to make cups, bowls, plates, trays, clamshell containers, meat trays, ice chests, shipping boxes and packing peanuts.
"Fluorinated Chemical" means a class of fluorinated organic compounds containing at least one fully fluorinated carbon atom, also known as perfluoroalkyl (PFOA) and polyfluoroalkyl (PFOS) substances, or PFAS chemicals.

J. "Fluorinated Chemical Free" means an item that: (1) contains no intentionally added Fluorinated Chemicals at or beyond 100 parts per million, as measured in total organic fluorine; and (2) is either certified fluorinated chemical free by the Biodegradable Product lnstitute (BPl) or other third party as recognized by the City, or is a napkin, stirrer, splash stick, cocktail stick, toothpick, or utensil made entirely of natural fiber containing no intentionally added Fluorinated Chemicals.

K. "Foil Balloon" means, but is not limited to, balloons that are made of "metalized" plastic (nylon) film coated with polyethylene and metallic materials that are sealed together with heat and can be electrically conductive, and includes balloons often referred to as made of Mylar, which is a brand name for a special type of polyester film. .

L. "Food Provider" means any Person or establishment located within the City that is a retailer of Prepared Food for public consumption including, but not limited to, any store, supermarket, delicatessen, restaurant, shop, caterer, or mobile food vendor. 3 l 89692 I 8
P
M. "Latex Balloon" means a balloon made with the sap from a rubber tree to which chemicals are added including pigments, oils, curing agents and accelerators.

N. "Person" means an individual, business, trust, firm, joint stock company, corporation, nonprofit (including a government corporation), partnership, or association.

O. "Plastic Beverage Straw" means a tube made predominantly of plastic derived from either petroleum or a biologically based polymer, such as corn or other plant sources, for transferring a beverage from its container to the mouth of the drinker. Plastic Beverage Straw includes Compostable petroleum or biologically based polymer straws, but does not include straws that are made from non-plastic materials, such as paper, sugar cane, bamboo, etc.
"Plastic Cutlery" means any utensil, such as a fork, spoon, spork, or knife, made predominantly of plastic derived from either petroleum or a biologically based polymer, such as corn or other plant sources intended for only one{ime use. Plastic Cutlery includes Compostable petroleum or biologically based polymerforms of cutlery, but does not include forms of cutlery that are made from non-plastic materials, such as paper, sugar cane, bamboo, etc.

Q. "Plastic Stirrer" means a device that is used to mix beverages, intended for only one-time use, and made predominantly of plastic derived from either petroleum or a biologically based polymer, such as corn or other plant sources. Plastic Stirrer includes Compostable petroleum or biologically based polymer stirrers, but does not include stirrers that are made from non-plastic materials, such as paper, sugar cane, bamboo, etc.

R. "Polystyrene" means a thermoplastic petrochemicalmaterial utilizing the styrene monomer, including, but not limited to, rigid polystyrene or Expanded Polystyrene, processed by any number of techniques, including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, Expanded Polystyrene molding, or extrusion-blow molding (extruded polystyrene), and clear or solid polystyrene (oriented polystyrene). The resin code for polystyrene is '6' or'PS,' either alone or in combination with other letters.

This definition applies to all Polystyrene Foodware, regardless of whether it exhibits a resin code.

S. "Polystyrene Cooler" means any cooler or ice chest made of polystyrene foam (Expanded Polystyrene), where such foam is not fully encased in another more durable material.

T. "Polystyrene Foodware" means Disposable Foodware that contains or utilizes Polystyrene.

U. "Polystyrene Packing Material" means Polystyrene material used to hold, cushion, or protect items packed in a container for shipping, transport, or storage, including shipping boxes and packing peanuts.

V. "Prepared Food" means food or beverages, which are served, packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed or otherwise prepared that do not require further preparation or repackaging to be consumed. Prepared Food does not 4 r 89692 l 8
include raw whole foods and vegetables that are not chopped, squeezed or mixed, or uncooked meats, fish and/or poultry.

W. "Recyclable" means that a product or packaging that can be sorted, cleansed, and reconstituted using Carpinteria's available recycling collection programs for the purpose of using the altered form in the manufacture of a new product. Recycling does not include burning, incinerating, converting, or otherwise thermally destroying solid waste.

X. "Reusable Foodware" means allfoodware, including but not limited to, plates, bowls, cups, trays, glasses, straws, stirrers, condiment cups and utensils, that is manufactured of durable materials and that is specifically designed and manufactured to be washed and sanitized and to be used repeatedly over an extended period, and is safe for washing and sanitizing according to applicable regulations.

Y. "standard Condiment" means relishes, spices, sauces, confections, or seasonings that require no additional preparation and that are usually used on a food item after preparation, including but not limited to ketchup, mustard, mayonnaise, soy sauce, hot sauce, salsa, salt, pepper, sugar, and sugar substitutes.

Z. "Vendor" means any store or business which sells or offers goods or merchandise, located or operating within the City of Carpinteria, including those referenced in the definition of "Food Provider."

8.50.040 Prohibition of Use, Distribution, and Sale of Polystyrene Polystyrene Coolers, Polystyrene Packing Materials, Polystyrene Egg Polystyrene Produce Trays, and Polystyrene Meat and Fish Trays.

Foodware,
Cartons,
A. No Food Provider or beverage provider shall distribute or sell any Polystyrene Foodware and Foodware Accessories in conjunction with the sale of Prepared Food at any location within the City.

B. No Person shall sell any Polystyrene Foodware or Expanded Polystyrene Coolers at any location within the City.

C. No Vendor in the City shall sell, distribute, or use Polystyrene Packing Material, including, but not limited to, foam peanuts, packing peanuts, foam popcorn, or packing noodles.

D. No Person or Vendor may sell, offer for sale, or othenruise distribute for compensation within the City, any meat and fish trays, produce trays, or egg cartons made, in whole or in part, from Polystyrene, either as separate items or as part of the sale of meat, fish, poultry, vegetables, fruit, or eggs sold to consumers.

E. No Person shall distribute or sell Prepared Food in any Polystyrene Foodware at City facilities that have been rented, leased or are otherwise being used with permission of the City. This subsection is limited to use of City facilities for which a Person has entered into an agreement with the City to rent, lease or othenruise occupy a City Facility. 5 18969218
F. No Person shall use or distribute Polystyrene Foodware at City-sponsored events, Citymanaged concessions and City meetings open to the public. This subsection shall apply to the Event Promoters, City Contractors, Food Providers, beverage providers, and any other Person that enters into an agreement with one or more of the function sponsors to sell or distribute Prepared Food or otherwise provide a service related to the function.

G. The City, City Contractors, and their agents shall not purchase or acquire Polystyrene Foodware and distribute it for public use.

8.50.050 Single-use Plastic Prohibited.

A. No Food Provider shall use, provide, distribute, or sell Plastic Beverage Straws, Plastic Stirrers, or Plastic Cutlery.

B, Nothing in this section precludes restaurants, including fast food restaurants, Food Providers, or Vendors from using or making non-plastic alternatives, such as those made from paper, sugar cane, or bamboo, available to customers. Non-plastic alternative straws, stirrers, or cutlery shall only be provided upon request by the customer.

C. lt is unlawful for any Person or Food Provider to distribute Plastic Beverage Straws or Stirrers at any City Facility or any City-sponsored event.

8.50.060 Required Compostable or Recyclable Disposable Foodware.

A. All Food Providers within the City utilizing Disposable Foodware shall use Compostable or Recyclable products.

B. All City facilities, whether owned or leased by the City, City-managed concessions, Citysponsored events, and City permitted events, utilizing Disposable Foodware shall use Compostable or Recyclable products.

C. City Contractors and Events Promoters utilizing Disposable Foodware shall use Compostable or Recyclable products while performing under a City contract or permit.

D. No Person shall distribute, sell, or offer for sale any foodware that contains Fluorinated Chemicals.

8.50.070 Reusable Foodware.

A. Customers may provide their own Reusable Foodware for food and beverage service in accordance with the California Health and Safety Code Section 114121, as it may be amended from time to time.

1. Clean consumer-owned containers provided or returned to the Food Provider for filling may be filled and returned to the same consumer if the container is filled by either an employee of the food provider or the owner of the container. For the purposes of this section, a consumer-owned container shall be designed and 6 18969218
constructed for reuse in accordance with Section 3-304.17(BX1) of the 2017 Food Code published by the federal Food and Drug Administration. The food provider shall either isolate the consumer-owned containers from the serving surface or sanitize the serving surface after each filling.

2. Food Providers may refuse, at their sole discretion, any customer-provided Reusable Foodware that is cracked, chipped, or corroded, appears inappropriate in size, material, or condition for the intended beverage or food item, or that appears to be excessively soiled or unsanitary. Food Providers may, at their discretion, provide a discount for customers who bring their own Reusable Foodware for takeout.

3. The Food Provider shall prepare, maintain, and adhere to written procedures to prevent cross-contamination.

8.50.080 Disposable Foodware Accessories Upon Request.

A. Food Providers shall only distribute Disposable Foodware Accessories and Standard Condiments upon the request of the customer.

B. Food Providers shall include in their digital ordering platforms for ordering food a statement that communicates that Disposable Foodware Accessories are offered only upon request and shall include the ability for customers to select which Foodware Accessories or Standard Condiments they want. lf a consumer does not select any single-use Foodware Accessories or Standard Condiments, no single-use Foodware Accessory or Standard Condiments shall be provided by the Food Provider for delivery of readyto-eat food.

C. Food Providers shall not package disposable Foodware Accessories and Standard Condiments in a manner that prevents a customer from taking only the type of Foodware Accessory or Standard Condiment desired without also having to take a different type of Foodware Accessory or Standard Condiment.

D. Food Providers are encouraged, but not required, to take actions in addition to the requirements of this section that support the goal of reducing the use of and waste generated by all disposable food service products.

8.50.090 Latex Balloons and Foil Balloons.

A. No Person, including but not limited to a balloon wholesaler, retailer (e.9., party supply, craft store) or third-party vendor shall sell or distribute Foil Balloons within the City either as a separate item or included in a packaged product set.

B. No Person shall use or distribute foil, Foil Balloons on public property within City limits including but not limited to parks and beaches.

C. No Person shall use or distribute Latex Balloons filled with air or lighter than air gas at any City function or City sponsored event.
7 I 89692 I 8
D. No Person shall release Latex Balloons filled with air or lighter than air gas anywhere within the City limits.

8.50.100 Prohibitedsales
No Vendor or Events Promoter in the City may sell or otherwise provide any Polystyrene product which is not wholly encapsulated or encased within a more durable material, except as exempted in Section 8.50.110. This specifically includes, but is not limited to, cups, plates, bowls, trays, clamshells and other products intended primarily for food service use, as well as coolers, containers, ice chests, shipping boxes, packing peanuts, or other packaging materials.

8.50.110 ExemptionsandExtensions.

A. The City Manager or their designee may grant an exemption or extension of time to any Person from the requirements of this Chapter as follows:
1 . A request for an exemption or extension of time shall be filed in writing with the City Manager or designee and shall include documentation of the reason for the requested exemption or extension. . The City may require the applicant to provide additional information as necessary, and make an independent verification of the facts provided (e.9., site visit) to make a determination.

2. Extensions or exemptions shall be granted at the City Manager's, or designee's, sole discretion.

3. The City Manager or designee's written decision on the exemption or extension is effective within 10 days of the decision.

B. Extension of Time. The City Manager, or designee, may grant an extension of up to six months to a Food Provider or Vendor, with or without conditions, upon finding that compliance would create an undue hardship. No extensions beyond January 1,2025, however, shall be provided. Undue hardship may include, but not be limited to, situations where:

1. There are no reasonable alternatives for reasons that are unique to the applicant; or

2. Compliance with the requirements of this chapter would deprive a person of a legally protected right.

C. Exemptions to the requirements of this Chapter shall be considered as follows:

1. Foods prepared or packaged outside the city and sold in the city.

2. Products made from Expanded Polystyrene which are wholly encapsulated or encased by a more durable material. Examples include surfboards, life preservers, and craft supplies.

3. Construction products made from Polystyrene are exempted from this Chapter if the products are used in compliance with Carpinteria Municipal Code Title 15, Buildings 8 I 89692 l 8
and Construction, and Chapter 8.10, Stormwater Management, and used in a manner preventing Polystyrene from being released into the environment.

4. During a locally declared emergency, the City, emergency response agencies operating within the City, users of City facilities, and Food Providers and Vendors shall be exempt from the provisions of this Chapter.

5. The provision or distribution by a Food Provider of a Plastic Beverage Straw to a Person in order to assure full compliance with the Americans with Disabilities Act (42 USC S 12102).

6. Polystyrene packaging products which have been received from sources outside the City and which may be reused to be kept out of the waste stream.

7. Food or beverages brought by individuals for personal consumption to City facilities, including, but not limited to City parks, provided the City facility is being used for individual recreation or similar purposes and such facility use is not part of a larger organized event.

D. To obtain an extension or exemption for complying with the provisions related to Disposable Foodware or Disposable Foodware Accessories under this Chapter, the Food Provider or Vendor must demonstrate that:

1. No Disposable Foodware or Disposable Foodware Accessories item exists with substantially similar size, performance and/or utility that conforms with the disposable foodware standards; and

2. The nonconforming Disposable Foodware or Disposable Foodware Accessories item to be used in lieu of a conforming item is recyclable or compostable in the City of Carpinteria recyclable or compostable collection program.

3. Food providers and beverage providers must provide documentation of good faith efforts to obtain a substantially similar compliant item.

4. Records of attempts to obtain a compliant item may include emails, letters or other correspondence with vendors that furnish Disposable Foodware or Disposable Foodware Accessories, seeking the compliant item and a timeline for compliance.

The City Manager or designee shall have discretion to impose a time limit on any exemption provided under this subsection.

8.50.120 PenaltiesandEnforcement.

A. The presence on the premises of a Food Provider of non-recyclable plastic shall constitute a rebuttable presumption that such packaging is being dispensed.

B. Violations of this Chapter shall be enforced as follows

1. ln accordance with Public Resources Code Section 42272 (b), the first and second violations of Section 8.50.080 shall result in a notice of violation, and any subsequent 9 18969218
violation shall constitute an infraction punishable by a fine of twenty-five dollars ($2S) for each day in violation, but not to exceed an amount of three hundred dollars ($300) annually.

2. All other violations of this Chapter by a Food Provider or Vendor shall be subject to administrative fines as provided in Chapter 1.06. Such fines are subject to appeal pursuant to the procedures of that Chapter.

3. Each and every sale or other transfer of non-recyclable plastic food packaging shall constitute a separate violation of this ordinance.

4. The City Manager or his or her designee shall be responsible for enforcement of this Chapter. The City Manager or designee may establish regulations or administrative procedures, and take other action that is reasonable and necessary to further the purposes of this Chapter.

5. The City Attorney may seek legal, injunctive, or other equitable relief to enforce this Chapter and any regulations or administrative procedures developed pursuant thereto.

C. The remedies and penalties provided in this Chapter are cumulative and not exclusive of other remedies and penalties available under other provisions of applicable law." SECTION 3. Environmental Review.

The City Council finds that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(bX3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Further, the proposed Ordinance is exempt from CEQA pursuant to CEeA Guidelines Section 15308 on the separate and independent ground that it is an action of a regulatory agency for the protection of the environment because, among other things, it will regulate the use and sale of Polystyrene products and reduce the amount of Polystyrene products that enter local landfills and watenruays.

SECTION 4. Severability.
lf any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the remainder of this Ordinance, which shall remain in full force and effect.

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 any one or more provisions may be declared invalid.

SECTION 5. Effective Date.

This ordinance shall take effect on the 31"!day following its adoption.

SECTION 6. Certification.

The City Clerk shall certify the adoption of this ordinance and within 1S days after its adoption shall cause it to be published in accordance with California law. 18969218
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AYES
NOES
ABSENT:

ABSTAIN

PASSED, APPROVED AND ADOPTED ON
coUNCTLMEMBER(S)
couNcTLMEMBER(S)
coUNcTLMEMBER(S)
coUNcTLMEMBER(S)
20-, by the following vote:

Mayor, City of Carpinteria
ATTEST
Brian C. Barrett, CMC, 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 Brian C. Barrett, CMC, CPMC
City Clerk, City of Carpinteria

APPROVED AS TO FORM
Jena Shoaf Acos, on behalf of Brownstein
Hyatt Farber Schreck, LLP acting as
City Attorney of the City of Carpinteria
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