d.
elements of the project within the portion of the property zoned CPD, consistent with the types of uses permissible in this zone district. The PRD zone designation allows for a variety of residential densities, housing types and designs, including multifamily residential developments (such as apartment complexes). The proposed portion of the project site within the PRD-zoned area of the lot would include ground-level parking and two levels (above) of residential apartments. Such uses would be consistent with the types of land uses permissible in this zone district.
The proposed development is also in conformance with the applicable Visitor-serving Commercial ("V"), Flood Hazard ("FH") and Coastal Appeals (*CA") Overlay districts and would comply with the additional development standards for each, in addition to complying with the base zone district standards as modified under the provisions provided by state Density Bonus Law with respect to density, lot coverage, building height, and required parking. The project qualifies for Density Bonus Law by setting aside three units of the eighteen base units for low-income households at affordable rents for a period of 55 years in exchange for a29.\Yo bonus density (i.e., six additional units). The project also proposes use ofone concessions or incentive to exceed the maximum building height; and one waiver or reduction of development standards to exceed the PRD zone district maximum lot coverage. The project also calls for utilizing the reduced residential parking requirements stipulated in state Density Bonus Law to reduce the overall required number of residential parking spaces.
The project also calls for utilizing a mix of both standard-size and compact-size parking spaces to meet its parking requirements. As reflected on the project plans, the applicant proposes to designate eight of the 53 total spaces ?15%) as compact spaces and therefore sought approval of a Modification to the development standards as to the design (size) of the parking spaces. The City's Zoning standards do not include standardized provisions for the use of compact-sized spaces, however, by satisfuing the required number of parking spaces (as modified under the provisions of Density Bonus Law), and satisfuing at least one of the required criteria for approval of a Modification (i.e., provision of affordable housing units), the project would comply with the zone district parking requirements.
2. The proposed development is sited and designed to avoid risks to life and property due to geologic, flood, or fire hazards and that the proposed density of development is consistent with these objectives.
As presented in the staff report prepared for the Planning Commission hearing of February 5,2024, and herein incorporated by reference, the proposed mixed-use project is sited and designed to avoid risks to life and property, and is consistent with the contemplated density for this site as shown in the City's Land Use Map, and as modified through application of state Density Bonus Law. The project site is located in an area that, according to the Safety Element of the City's General Plan/Coastal Land Use Plan, has high potential for both liquefaction and expansive soils. As such, a site-specific geotechnical study was prepared for the project which provides FINDINGS OF APPROVAL, PC RESOLUTION 24-OOI
23 -222 l -DP I CDP/ARB; 4745 Carpinteria Ave M ixed-Use Project
recommendations for foundation design and construction techniques. These recommendations and techniques, along with the application of Cunent building and seismic codes as part of the building permit review process, would enswe that ihe p-roposed development is safe from a geologic perspective. Additionally, the development is designed to comply with FEMA regulations and the City;s floodplain management ordinance to ensure the development is safe from flood hazards.
Further, the project site is not identified as being located in an area prone to tsunami or sea level rise hazerds. Finally, the site is not located within a mapped high hre severity area and with the application of current building and fire coaes as pu.t of the building permit review process, the project would be safe from fire hazards.
3. The proposed development will not cause substantial environmental damage or substantially and avoidably injure /ish or witdlife or their habitat.
As presented in the staff report prepared for the Planning Commission hearing of February 5,2a24, and herein incorporated by referenc",ihe proposed mixed-use project will not cause substantial environmental damage. The project site is currently developed with a commercial equipment and tool rental business *ittt ttt. entirety of the site disturbed and devoid of any sensitive habitat. The western portion of tne project site borders Franklin Creek, which, though channelized and not designated as Environmentally Sensitive Habitat Area ("ESHA") on the City's General/Coastal Plan maps, is considered potential habitat area and the creek ctrannel and adjacent buffer are considered important coastal resources that shall be protected. As such, consistent with the City's Creeks Preservation Program, the proposed project includes the required 50-foot setback from the adjacent Franklin Creek channel. This creek setback *buffbr"
area is required to be protected in perpetuity as part ofthe project and restored as riparian and/or upland habitat as incorporated into the project pi*r.
Additionall!, the project incorporates vegetated bioswales that would be usedlo capture, heat and retain stormwater runoff from the project site, and other Low Impac! Development ("LID') measures to treat stormwater and protect the adjacent creek from untreated runoff. Additionally, the project incorporates tree protection measures to ensure that the offsite native syqrmore trees west of the project site along the creek conidor are protected during construction of the project. Lastly, standard construction phase conditions of approval are included to ensure tempoiary impacts related to dust, erosion/sedimentation, spills/water quality, air qualiryTemissions, and noise would be avoided or minimized.
4. The proposed development will not conflict with any recorded easements acquired by the public at large for access through the property or use of the property or-any easements granted to any public agency or required as a condition of approval.
The proposed development will not conflict with any recorded public access easements as no recorded pubic access easements afflect the property, nor are public easements required to effectuate project approval.
FINDINGS OF APPROVAL, PC RESOLUTION 24.OOI
23 -222 I -DP / CDP/ARB; 4245 Carp interia Ave M ixed-Use project
5. The proposed development will not adversely affect necessary community services and values including but not limited to trffic circulation, sewage disposal, fire protection, water supply, and police protection.
As presented in the staff report prepared for the Planning Commission hearing of February 5,2024, and herein incorporated by reference, the proposed mixed-use project will not adversely affect necessary community services. A traffic study prepared by a qualified traffic engineer, was provided by the applicant as part of the project review. The study utilized the County's Vehicle Miles Travelled ("VMT") calculator and regional traffic models in addition to an analysis of certain projectspecific elements including the mixed-use design, including integration of affordable rental units, location in close proximity to transit stops, and the inclusion of electric vehicle charging and parking spaces, for the analysis. The study was provided to the City's contract traffic engineering consultant for peer-review, and the City's consultant confirmed the study was adequate and agreed with its conclusions that the project would not result in an adverse impact to traffic circulation.
The project site is presently served by all utilities and services, and the described project can continue to be adequately served by all required utilities and public services. The project was reviewed by the Carpinteria Valley Water District, Carpinteri a Sanitary Di strict and Carpinteria- Summerland Fire Protection District, with each indicating the ability to serve the project. Electrical, natural gas, and telecommunication services are all available at the site.
6. The proposed development will not be detrimental to the peace, health, safety, comfort, convenience, property values, or general welfare of the neighborhood.
As presented in the staff report prepared for the Planning Commission hearing of February 5,2024, and herein incorporated by reference, the proposed mixed-use project will not be detrimental to the peace, health, safety, comfort, convenience, property values, or general welfare ofthe neighborhood. Through successive project design iterations in response to comments received during the City's architectural review process, the project's Ninth Street elements have been reduced in height from the original application submittal. In addition, even with the parking reductions incorporated into the project as allowed under state Density Bonus Law, the project provides in excess of the minimum number of required on-site parking spaces allowable under state law. The project is an in-fill development on a site that is substantially surrounded by urban uses and is consistent with the type and intensity of development anticipated in urbanized areas of the City's downtown neighborhood and the City's General Plan/Coastal Land Use Plan.
As discussed in more detail in the General Plan / Coastal Plan Neighborhood Policy analysis below, the proposed in-fill project is consistent with the type and intensity of development anticipated in urbanized areas of the City's downtown neighborhood by the City's General Plan/Coastal Land Use Plan.
FINDINGS OF APPROVAL, PC RF,SOLUTION 24-OOI
23 -222 I -DP / CDP/ARB; 4745 Carpinteria Ave Mixed-Use Project
Downtown mixed-use developments that provide opportunities for both new/expanded commercial development in the downtown and much needed new workforce housing help to achieve the intent of the above Land Use Element policies.
Such developments concentrate workforce housing near job centers and existing businesses, and in close proximity to essential services (including, but not limitEd to, transit). Higher density mixed use developments also help to foster a livelier and more vital downtown district by introducing additional year-round residents to the area to supplement seasonal tourism and support enhanced opportunities for use of altemative transportation.
The proposed development will not adversely affect necessary community services. A traffic study prepared by a qualified traffic engineer, was provided by the qPPlicant as part of the project review. The study utilized the Countyk Vehicle Miles Travelled (VMT) calculator and regional traffic models in addition to an analysis of cg{ain project-specific elements including the mixed-use design, integration of affordable rental units, location in close proximity to transit stops, and the inclusion of electric vehicle charging and parking spaces for the analysis. The study was provided to the City's contract haffic engineering consultant for peer-review, and the City's consultant confirmed the study was adequate and agreed with its conclusions that the project would not result in an adverse impact to traffic circulation.
The redevelopment of the site with a multi-story mixed-use development creates an opportunity to gain additional utility out of a rare large, but under-developed site in the City's Downtown "T" district
Cumulatively, this new square footage would provide expanded opportunities for new visitor-serving commercial development to be introduced at the west end of the down-town core, and present an opportunity to provide compatible commercial activity in this part of the downtown. To maintain consistency with the intent of these policies, future commercial tenants of the ground floor space, at minimum, would need to be visitor-serving in nature.
The site's location within the Downtown "T" on Carpinteria Avenue would also allow the project to utilize existing transit and altemative transportation infrastructure. Carpinteria Avenue is improved with class II biiycle lanes and continuous sidewalks leading into the downtown, and MTD's line 20 bus service runs along Carpinteria Avenue with stops in close proximity to the project site. The City's train station platform is located approximately one-half-mile away.
1.4 Development Plan Modification Findings
Pursuant to Carpinteria Municipal Code $14.50.120, in reviewing a Development plan, the Planning Commission or City Council may consider modification of requirements of the base zoning district in which the proposed development is located., including building height, yard setback, parking, building coverage or landscaping, if it is determiied that FINDINGS OF APPROVAL, PC RESOLUTION 24-OOI
23 -2221 -DP I CDP/ARB ; 4745 Carpinteria Ave Mixed-U se proj ect
I
I
I
I
l
I
i
I
I
such modification is necessary to accommodate an innovative project which will result in at least one of the following public benefits:
l. Energt fficient heating/cooling; or
2. Provision of affurdable housing units through a mix of housing types, innovative design and construction techniques, or other means; or
3. Provision of a larger amount of open space or landscaping than the minimum requirements of the district.
As referenced in the Development Plan Findings above, and as presented in the staff report prepared for the Planning Commission hearing of February 5,2024, and herein incorporated by reference, the project calls for utilizing a mix of both standard-size and compact-size parking spaces to meet its parking requirement. As reflected on the project plans, the applicant designates eight of the 53 total spaces (-I5%) as compact spaces and therefore sought approval of a Modification to development standards as to the design (size) of the parking spaces. As cunently designed, the parking area serves as a "podium" over which the majority of the project is constructed, thus maximizing the available site area for open space and landscaping. Allowing for the compact spaces further allows for the provision of more parking spaces and/or a smaller development footprint for the parking area. Given the alternatives allowed by the state Density Bonus Law, the fact that the project may also qualiff for coverage under AB 2097 to eliminate parking entirely, and because the project provides three dedicated low-income affordable housing units and innovative design, the Planning Commission can make the required Findings #2 and 3, as provided in the Municipal Code.
1.5 Coastal Development Permit Finding
Pursuant to the Califomia Coastal Act, the Administrative Regulations of the California Coastal Commission and the City's certified Local Coastal Program, it has been found that the permit requested may be issued based on the following findings:
1. The proposed development is in conformity with the City's certified Local Coastal Program.
As referenced in the Development Plan Findings above, and as presented in the staff report prepared for the Planning Commission hearing of February 5,2024, and herein incotporated by reference, the proposed mixed-use project is in conformity with the City's certified Local Coastal Program. The project is an in-fill development on a site that is substantially surrounded by urban uses and is consistent with the type and intensity of development anticipated in urbanized areas of the City's downtown neighborhood and the City's General Plan/Coastal Land Use Plan's Visitor-serving Commercial ("VC") and General Commercial ("GC") land use designations.
The project is also consistent with the City's Commercial Planned Development ("CPD") and Planned Residential Development ("PRD-13") zoning designations.
The CDP zone designation allows for commercial development including a variety of FINDINGS OF APPROVAL, PC RESOT,UTION 24-OOI
23 -222 l -DP I CDP/ARB ; 4745 Carpinteria Ave Mixed-Use Proj ect
office, retail, service, and wholesale businesses, as well as residential development with "dwelling units integrated into the overall commercial development,'(i.e., mixed-use developments). The project would place all the commercial elements and a portion of the residential elements of the project within the portion of the property zoned CPD, consistent with the types of uses permissible in this zone district. The PRD zone designation allows for a variety of residential densities, housing types and designs, including multifamily residential developments (such as apartment complexes). The proposed portion of the project site within the PRD-zoned area of the lot would include ground-level parking and two levels (above) of residential apartments. Such uses would be consistent with the types of land uses permissible in this zone district.
The proposed development is also in conformance with the visitor-serving commercial ("v"), Flood Hazard("FH") and coastal Appeals (*cA") overlay districts and would comply the additional development standards for each, in addition to complying with the base zone district standards as modified under the provisions provided by state Density Bonus Law with respect to density, lot coverage, building height and required parking, and as further modified through approval of a Development Plan Modification to allow for 15Yo of the provided onsite parking to utilize compact-size spaces.
An analysis of the project's conformity with the Objectives and Policies of the City's certified Local Coastal Program is presented in the staffreport prepared for the Planning commission hearing of February 5,2024, and herein incorporated by reference. As discussed in the staff report, the proj ect has been found to be consistent with the applicable objectives and policies of the Land use; community Design; Circulation; Open Space, Recreation & Conservation; Safety; Noise; Public Facitities; and Housing Elements of the Crty's General Plan/Coastal Land Use Plan. Therefore, this finding can be made.
FINDINGS OF APPROVAL, PC RESOLUTION 24.OOI
23 -2221 -DP I CDP/ARB ; 4745 Carpinteria Ave Mixed-Use project
PLANNING COMMISSION HEARING
PROJECT 23.222I -DP/CDP/ARB
4745 CARPTNTERTA AVE (APN 003-251-021)
FEBRUARY 5,2024
ATTACHMENT A, EXHIBIT 3: CONDITIONS OF APPROVAL
4745 CARPINTERIA AVE MIXED.USE PROJECT
The Conditions set forth in this permit affect the title and possession of the real property that is the subject of this permit and shall run with the real property or any portion thereof. All the terms, covenantso conditions and restrictions herein imposed shall be binding upon and inure to the benefit of the owner (applicant, developer), his or her heirs, administrators, executors, successors and assigns. Upon any sale, division or lease of real property, all the conditions of this permit shall apply separately to each portion of the real property and the owner (applicant, developer) and/or possessor ofany such portion shall succeed to and be bound by the obligations imposed on the owner (applicant, developer) by this permit.
PROJECT DESCRIPTION
This Development Plan and Coastal Development Permit are based upon and limited to compliance with the project description, the hearing exhibits (Attachment A, Exhibit 2 to the staff report dated February 5,2024) and conditions of approval set forth below. Any deviations from the project description, exhibits or conditions must be reviewed and approved by the City for conformity with this approval. Deviations may require approved changes to the permit and/or further environmental review. Deviations without the abovedescribed approval will constitute a violation of permit approval.
The project description is as follows:
Request for a Development Plan and Coastal Development Permit to allow redevelopment of the property at 4745 Carpinteria Avenue (currently occupied by Sun Coast Rentals) into a new three-story mixed-use (commercial / residential) development. The proposed mixeduse development would be comprised of a 24-unit 31,026 square foot apartment complex built around and atop a groundJevel 22,198 square foot concrete parking podium, and a 4,044 square foot two-story commercial buildingfronting Carpinteria Avenue. All existing site improvements would be removed to facilitate the proposed development. Cumulative square footage for the proposed project would total approximately 64,053 square feet.
Maximum building height to the top of the proposed three-story element would be approximately 35 feet, seven inchesfromfinished grade.
The 24-unit apartment complex would be comprised of 4 one-bedroom units, I6 twobedroom units, and 4 two-bedroom "townhouse" unitsfacing Ninth Street. The 4 onebedroom units would range in size from 996 - 1,163 square feet; the I6 two-bedroom units would range in size from I ,122 - I ,310 square feet; and the 4 two-bedroom "townhome " units would range in size from 1,472 - 1,486 square feet. The four "townhouse" units and one of the one-bedroom units (Unit 5) would be two-story unitsfronting on Ninth Street.
Conditions of Approval; Resolution No. PC-24-001
4745 Carpinteria Ave Mixed-Use Project, February 5,2024 Page I
l
l
Of the remaining units, (Jnits 6 through 15 would be secondfloor flats and tJnits I6 through 24 would be thirdfloor flats. The "townhouse" units would be provided with either a groundfloor covered porch (Unit I and Unit 4) or both a groundfloor covered porch and a secondfloor private deck (Units 2, 3 and 5). Att other units would be provided with second- or third-level private decks oriented toward the perimeter of the property.
The proposed two-story commercial building would be located along the property's Carpinteria Avenue frontage and would contain a ground level commercial space of 1,303 square feet and an upperJevel commercial space of 2,74 I square feet. The commercial square footage is proposed to be divided into (up to) five tenant suites, with a single ground floor space and the remainingfour spaces on the secondfloor. The groundfloor commercial space wouldfeature a covered patio area along the Carpinteria Avenue frontage.
The ground-level covered parking podium would provide a total of 53 parking spaces onsite to serve both the proposed commercial and residential elements of the project, and would rely upon a mix of "standard" and "compact" spaces. The applicantis requesting approval of a Development Plan Modification to allow eight of the total parking spaces provided onsite to be designated "compact" speces (15% of the total number of spaces).
Bicycle storage, trash enclosures, and utility/mechanical closets would be provided within the covered parking podium area. Vehicular access to the parking would be providedfrom a "primary" driveway on carpinteria Avenue and a "secondary" driveway entrance fiom Ninth Street, at the rear of the project site. Room for six parallel spaces would be provided in the Ninth Street right-of-wayfor public on-street parking as part of the required project frontage improvements.
Open space and landscaping for the project would be provided along the west side o.f the property within the required 50-foot setback buffer from the adjacent Franklin Creek channel. The buffer area wouldfeature bioretention swales that can doubly serve as part of the restored protective creek buffer and stormwater measures for the proposed development. A meandering walking path would lead through the buffer, connecting Ninth Street and Carpinteria Avenue. Spaces for ornamental landscaping would also be provided along the proiect's two street frontages and along the interior side property line.
Additional open space and landscape areas for the use of apartment residents would be provided in centralized courtyard spaces on the second and third levels, in a "rooftop" deck space in the rear corner ofthe third level, and on a "green roof" space above the groundfloor commercial space's covered patio.
The proposal callsfor utilizing the state's Density Bonus Law (Gov. Code $$ 659Is65918) ("Density Bonus Law") to allow for the inclusion of additional dwelling units beyond what the City's maximum density would allow for under the current zoning designation in exchange for designating a certain number of the apartment units as income-restricted rentals. Specifically, the project calls for setting aside three units for households that fall within the low-income level (50% to 80% of the area median income ("AMI")) in exchange for a density bonus of six additional units. These additional granted units and the low-income restricted units are included the project figures described above.
Conditions of Approval; Resolution No. PC-24-001
4745 Carpinteria Ave Mixed-Use Project, February 5,2024 Page2
The three low-income restricted units are proposed as one-bedroom units (Units 5, 6 and I I),
Pursuant to Density Bonus Law, the proposal requests the use of incentives or concessions from the local jurisdiction's development standards to facilitate the construction of the project and/or to accommodate the increased density. Spec{ically, the project proposes to utilize the reduced required parking rates for residential developments subject to density bonus provisions, and to request the two following concessions/incentives and/or waivers or reductions in development standards to: l.) Allow for increased building height beyond the 3}-foot maximum allowed by the City; and 2.) Allow for building lot coverage in excess of the 50% maximum limitfor the Planned Residential Development ("PRD-L3") zoned portion of the property.
The grading, development, use, and maintenance of the property, the size, shape, arrangement, and location ofstructures, parking areas and landscape areas, and the protection and preservation ofresources shall conform to the project description above and the hearing exhibits and conditions of approval below. The property and any portions thereof shall be sold, leased or financed in compliance with this project description and the approved hearing exhibits and conditions of approval hereto. All plans (such as Landscape Plans) must be submitted for review and approval and shall be implemented as approved by the City.
PROJECT SPECIFIC CONDITIONS
Aosrnrrrcs
The design, scale and character ofthe project architecture and landscape shall be compatible and blend harmoniously with vicinity development and consistent with the City's "small beach town" character. As agreed to by the applicant at the Planning Commission meeting on February 5,2024, the applicant shall setback the western edge of the western third floor units (Units 2l-24) toward the center of the project by Three (3) feet while maintaining the interior courtyard dimensions. The applicant further shall study revisions to the plans to reduce the overall height of the project, and privacy considerations for the portions of the units facing the interior courtyards. Plan Requirement and Timing: The applicant shall submit plans for the project for final review by the Architectural Review Board prior to approval of any Building Permit for physical development. Monitoring: Community Development Department staff (CDD) shall review submitted plans, provide direction to the ARB regarding this condition, and site inspect during the construction phase.
All materials and colors used in construction and all landscape materials shall be as represented to the City and any deviation will require the express review and approval of the Community Development Department.
4. Any exterior night lighting installed on the project site shall be of low intensity, low glare design, minimum height, and shall be hooded to direct light downward onto the subject Conditions of Approval; Resolution No. PC-24-001
4745 Carpinteria Ave Mixed-Use Project, February 5,2024
2. J
5 parcel and prevent spill-over onto adjacent parcels. Plan Requirements: The locations of all exterior lighting fixtures shall be reviewed and approved by CDD with input from the ARB. Monitoring: CDD and ARB shall review final plans for compliance with this measure prior to approval of a building permit for structures. Building Inspector shall inspect structures upon completion to ensure that exterior lighting fixtures have been installed consistent with their depiction on the final plans.
Interior building lighting shall be limited outside of business hours to that necessary for emergency or security purposes. [nterior building lighting shall be outfitted with timers, motion sensors or similar technologies to ensure that the lighting is turned off when not in use. Plan Requirements and Timing: Specifications for automatic lighting controls and any interior security/emergency lighting shall be depicted on the plans submiged for Building Permit review, to be reviewed and approved by CDD prior to Building Permit Issuance. Monitoring: CDD shall review the construction plans for compliance with this measure prior to Building Permit issuance and shall inspect the project site prior to occupancy clearance.
All mechanical equipment including, but not limited to, heating and air conditioning units, and trash receptacle areas, shall be completely screened from surrounding propertiei and shall be either enclosed within a building or parapet, or located in a fenced rear yard area.
Plan Requirements: The locations of all exterior mechanical equipment shall be depicted on a Roof and/or Mechanical Equipment Plan to be reviewed and approved by CDD with input from the ARB. Monitoring: CDD and ARB shall review the Roof and/or Mechanical Equipment Plan for compliance with this measure prior to approval of a Building Permit for the development. Building Inspector shall inspect structures upon completion to ensure that mechanical equipment has been installed consistent with the approved Plan.
Final plans shall include the location of all above ground and vaulted appurtenances including, but not limited to, utility vaults, utility meterso fire backflow prevention systems, and check valves. The location of such appurtenances shall be approved by CDD and may be required to be located and/or screened to as to minimize aesthetic impacts.
Owner shall not install any over-the-air reception devices (OTARD), such as satellite dishes, television or radio antenna or other communication or transmission devices, on the building, in common areas or on roofs located more than thirty (30) feet above finished grade. All other OTARD devices located on the building, in common areas, on roofs or on the property shall include reasonable screening to prevent impacts to surrounding properties consistent with applicable Federal Communication Commission regulitions.
No signage is approved under this Development Plan. Applicants shall develop and submit for City review and approval, a comprehensive sign program for the developmint. plan Requirements: The sign program shall depict the allowed sign types, materials, sizes and locations for signage for all commercial tenant spaces, as well as any proposed identification signage for the development, and shall be consistent with the City's sign regulations as specified in CMC $14.58. Timing: The Sign Program shall be submitied to, 6 7
8 9
Conditions of Approval; Resolution No. PC-24-001
4745 Carpinteria Ave Mixed-Use Project, February 5,2024
and approved, by the Community Development Department prior to Occupancy Clearance.
CDD may refer the program to the Architectural Review Board for review. Monitoring:
CDD staff shall review all tenant signage applications for consistency with the approved sign program.
Bror,ocv
10. The applicant shall implement the recommended tree protection measures outlined in the arborist report prepared by Bill Spiewak dated Augustl0,2023, and listed below, during demolition/construction activities within the project site. Such measures shall include, but not be limited to, the following:
a. Fence off all trees from construction at the critical root zone or where practical with six-foot high chain link or orange construction fence with metal stakes; b. No activities or storage of construction materials shall be allowed within the fenced areas unless approved by CDD;
c. Any root disturbance to any ofthe protected trees shall be done by hand and the project arborist alerted;
d. All roots encountered shall be cut cleanly with a sharp saw to allow for new root regeneration, backfilled immediately or kept moist to prevent drying out and dying;
e. Any tree affected by the construction process shall be deep-root fertilized to promote better health and vigor;
f. Compaction of the root zone shall be avoided by spreading three to four inches of mulch. If necessary, plywood or equivalent shall be placed on top; g. During hot, dry periods, the foliage may need to be washed with high pressure water to remove construction dust;
h. Project arborist shall be notified prior to any activities within the critical root zone;
i. Leave existing hardscape (i.e., asphalt) in place as long as practicable to aid with the protection of the root system;
j. Utilize caissons and grade beams for any foundation work close to the trees (stay at least 15 feet from the trunks ofthe trees); and
k. Final landscaping around trees shall be compatible in water demand to these specific trees' needs with minimal trenching for lighting and inigation.
Plan Requirements/Timing: This condition shall be printed on all final building and grading plans. Tree protection measures shall be implemented prior to- and during construction as applicable. Monitoring: CDD shall coordinate with the project arborist prior to initiation of construction to ensure tree protection measures are in place. CDD shall spot check in the field to ensure ongoing compliance with this measure.
I l. All ground disturbances and vegetation removal within the 50-foot setback of Franklin Creek shall be limited to the demolition, grading for site preparation, landscaping and storm water improvements depicted on the approved project plans. Plan Requirements:
The 5O-foot setback area shall be shown on all grading plans. Timing: Protective fencing Conditions of Approval; Resolution No. PC-24-001
4745 Carpinteria Ave Mixed-Use Project, February 5,2024
t2
l3
shall be installed along the 5O-foot setback prior to any earth movement. Monitoring:
CDD shall perform site inspections throughout all grading and construction activities.
The applicant shall implement a creek buffer restoration plan. The plan shall include, but not be limited to, the following measures:
a. Landscaping shall be with native and non-invasive plantings only. b. Only low voltage lighting shall be installed. Lighting shali be diiected away from the creek corridor.
c. Only wildlife permeable fencing shall be installed within the creek buffer atea.
d. Non-native species shall be removed from the creek buffer area. e. The plantings shall be in place and any non-natives removed prior to issuance of occupancy clearance.
Plan Requirements: Prior to issuance of a Grading or Building Permit, the applicant shall submit a creek buffer restoration plan, prepared by a CDD approved biologist, to COO for review and approval. Timing: Restoration work shall commence prior to issuance of occupancy clearance. Monitoring: CDD staff shall site inspect the restoration area.
Maintenance shall be confirmed through site inspections.
To minimize construction impacts, the applicant shall prepare and submit a Construction Mitigation Plan to Community Development for review and approval. Such plans, which must be prepared by a City-approved professional biologist, arborist or landscape architect, shall include, but not be limited to, the following required measures:
Pre-Construction:
a. The limits of the construction area shall be clearly shown on the plans and fenced or flagged on the construction site. All construction activities shall stay within these limits;
b. Prior to commencement of construction activities, protective fencing shall be erected around the outermost limits of the protected zones of native trees and adjacent to the construction area. Such fencing shall remain in place until all construction is complete. For the purposes of this project, the protected zone ofa native tree shall extend five feet from the tree dripline or 15 feet from the trunk of the tree, whichever is greater; c. No construction, grading, staging or materials storage shall be allowed within the fenced exclusion areas or within the protected zones of any onsite or adjacent native trees; d. Construction activities shall be scheduled to avoid the breeding seasons of sensitive wildlife species located within 300 feet of the proposed improvements;
e. construction Phase Requirements from the city's water euality Protection Regulations shall be implemented to minimize impacts related to runoff, erosion and water quality; f. The use of herbicides shall be minimized by using manual removal methods to eliminate undesired vegetation whenever possible.
Post-Construction:
Conditions of Approval; Resolution No. pC-24-001
4745 Carpinteria Ave Mixed-Use Project, February 5, 2024
g. Permanent native landscaping shall be provided to developed areas; h. The planting of any landscape plants listed on the Califomia Exotic Pest Plant Council's Lists of Exotic Pest Plants of Greatest Ecological Concern in California is prohibited in any environmentally sensitive habitat areas ("ESHA") or creek setback area;
i. Project applicant and any and all successors shall provide informational materials to future occupants that ensure protective standards/conditions of approval are recognized and complied with throughout the life of the project;
j. Post-Construction Requirements from the City's Water Quality Protection Regulations will be implemented to minimize impacts to runoff, erosion, and water quality;
k. All new fencing shall be wildlife permeable as defined by the following criteria:
a. Fences shall have a wooden (not wire) rail at the top; b. Fences shall be less than 40 inches high; and,
c. Fences shall have a space greater than 74 inches between the ground and the bottom rail.
l. All exterior lighting shall be minimized, restricted to low intensity features, shielded and directed away from creek ESHA to minimize impacts to wildlife. Permitted lighting shall conform to the following standards:
i. The minimum necessary to light walkways used for entry and exit to the structure, including parking areas on the site. This lighting shall be limited to fixtures that do not exceed 60 watts, or the equivalent, unless a higher wattage.is authorized by the Community
Development Director;
ii. Security lighting attached to the residence that is controlled by motion detectors and is limited to 60 watts, or the equivalent; iii. The minimum lighting necessary for safe vehicular use of the driveway. The lighting shall be limited to 60 watts, or the equivalent; iv. A light, not to exceed 60 watts or the equivalent, at the entrance to any non-residential accessory structures; and,
v. No lighting around the perimeter of the site, no lighting for sports courts or other private recreational facilities and no lighting for aesthetic purposes is allowed.
Plan Requirements and Timing: Prior to issuance of a Grading or Building Permit, the applicant shall submit a Construction Mitigation Plan, prepared by a CDD approved biologist, arborist or landscape architect to CDD for review and approval. All requirements shall be specified on grading and building plans and graphically depicted if feasible.
Protective fencing shall be installed prior to start of grading or construction. Monitoring:
CDD shall site inspect throughout grading and construction activities.
Conditions of Approval; Resolution No. PC-24-001
4745 Carpinteria Ave Mixed-Use Project, February 5,2024
Laxnscapn
14. Prior to the issuance of any Building Permits, the applicant shall post a landscape security bond of $500.00 and comply with the following requirements:
a. All landscaping and irrigation plans shall be prepared by a State licensed landscape architect or similar professional as determined appropriate by CDD. b. The landscaping shall be maintained in good condition for the life of the project.
After landscaping has become established at three years and found to be in good condition, the security will be released.
c. Landscaping shall be drought resistanto low water species. d. where feasible, locally adapted native plants shall be required. e. Prior to Occupancy Clearance, all landscaping and planting shall be installed; and, f. Specimen trees shall be appropriate to the site and shall be maintained in good condition so as to attain a full and healthy mature appearance. l5' The project landscaping outside ofthe creek buffer areashall consist ofdrought-tolerant, native and/or Mediterranean type species. Landscaping shall be compatibte with tne character of the surroundings and the architectural style of the structural development.
Plan Requirements: Prior to issuance of a Grading or Building Permit, the applicant shall enter into an agreement with the City to install required landscaping and water-conserving irrigation systems and maintain required landscaping for the life oflhe project. The applicant shall also submit the final landscape and irrigation plan to CDD for review and approval. Timing: Prior to occupancy clearance, landscape and irrigation shall be installed. Monitoring: Prior to occupancy clearance, cDD shall veiif, installation and check maintenance as needed. Release of performance security requires CDD approval. 16' In compliance with the Water Conservation in Landscaping Act of 2006 (Assembly Bill 1881, Laird) ) as amended by the May 29,2015 Information Bulletin 2015-03 from the Department of Housing and Community Development and Chapter 15.90 of the City,s Municipal Code: Water Efficient Landscaping, a Landscape Documentation package containing the following elements shall be prepared by a design professional: pnolpcr INFORMATION; WATER EFFICIENT LANDSCAPE WORKSHEET; SOIL MANAGEMENT REPORT; LANDSCAPE DESIGN PLAN;IRRIGATION DESIGN PLAN; and CnaolNG DESIGN plaN. The preparation of a Certificate of Completion containing the following elements shall also be prepared by a design professional: cpRrlrtcarroN oF TNSTALLATToN (per the approved PIAN); FINAL SOILS INFORMATION; IRRIGATIoN SCHEDULING PARAMETERS; MAINTENANCE SCHEDULES; and tnntcarloN AUDIT REPoRT. PIan Requirements and Timing: prior to approval of a Building Permit, the applicant shall submit a Landscape Documentation Package to the CDD for review and approval. The CDD shall send a copy of the Documentation Package the Carpinteria Valley Water District. The applicant shall enter into an agreement with the City to install required landscaping and inigation and maintain required landscaping for the life of the project. Subsequent to installation of the approved Grading, Landscape and Irrigation Plans, the applicant shall submit a Certificate of Completion to CDD for review and approval. The Landscape Documentation package and Certificate of Completion forms are available at the CDD, and are required to be appioved Conditions of Approval; Resolution No. pC-24-001
4745 Carpinteria Ave Mixed-Use Project, February 5,2024
by the CDD prior to Occupancy Clearance. Monitoring: CDD shall conduct site visits to ensure installation and maintenance of landscape and inigation.
Culrurul RnsouRcns
17. In the event archaeological remains are encountered during grading, work shall be stopped immediately or redirected until a CDD-qualified archaeologist and Native American representative are retained by the applicant to evaluate the significance of the find pursuant to Phase 2 investigations of the City Archaeological Guidelines. If remains are found to be significant, they shall be subject to a Phase 3 mitigation program consistent with City Archaeological Guidelines and funded by the applicant. Plan Requirements/Timing:
This condition shall be printed on all building and grading plans. Monitoring: CDD shall check plans prior to issuance of a Grading or Building Permit and shall spot check in the field for compliance.
18. If human remains are uncovered during ground disturbing activities, the applicant shall immediately halt work and contact the Santa Barbara County Coroner to evaluate the remains. CDD shall be contacted immediately after contact or attempted contact with the County Coroner and all excavation activities on the project site shall cease. If the County Coroner determines that the remains are Native American, the Native American Heritage Commission shall be notified and no further excavation activity shall occur on the site until consultation is complete with the most likely descendant, the Coroner and the CDD staff.
Authorization to resume construction shall only be given by the City after consultation with the most likely descendent and shall include implementation of all appropriate measures to protect any possible burial sites or human remains. Plan Requirements/Timing: This condition shall be printed on all building and grading plans.
Monitoring: CDD shall check plans prior to issuance of a Grading or Building Permit and shall spot check in the field.
GruorNc
19. Grading and erosion and sediment control plans shall be designed to minimize erosion and shall include the following:
a. Methods such as geotextile fabrics, erosion control blankets, retention basins, drainage diversion structures, siltation basins and spot grading shall be used to reduce erosion and siltation during grading and construction activities.
b. All entrances/exits to the construction site shall be stabilized (e.g., using rumble plates, gravel beds or other best available technology) to reduce transport of sediment offsite. Any sediment or other materials tracked offsite shall be removed the same day as they are tracked using dry cleaning methods.
c. Storm drain inlets shall be protected from sediment-laden waters by the use of inlet protection devices such as gravel bag baniers, filter fabric fences, block and gravel filters and excavated inlet sediment traps.
Conditions of Approval; Resolution No. PC-24-001
4745 Carpinteria Ave Mixed-Use Project, February 5,2024
20. d. Graded areas shall be revegetated within three weeks of grading activities with deep rooted, native, drought-tolerant species to minimize slope failure and erosion potential. Geotextile binding fabrics shall be used if necessary to hold slope soils until vegetation is established.
Plan Requirements: The grading and erosion and sediment control plan shall be submitted for review and approved by CDD and Public Works ("PW") prior to issuance of a Grading Permit. The plan shall be designed to address erosion and sediment control during all phases of development of the site. The applicant shall notify CDD and pW prior to commencement of grading. Timing: components of the grading plan shall be implemented prior to occupancy clearance. Erosion and sediment control measures shall be in place throughout grading and development of the site until all disturbed areas are permanently stabilized. Monitoring: CDD shall inspect revegetation and ensure compliance with plan. Grading inspector shall monitor installation and maintenance of erosion control measure throughout all grading and construction activities.
Drainage shall be consistent with approved drainage plans. Plan Requirements: prior to issuance of a Grading Permit, a drainage plan shall be submitted to CbD and public Works for review and approval. The plan shall include the location(s) of all proposed pipelines, the entire length of all proposed pipelines, trees located within 1 5 feet of the pifeiine, pipe diameters, locations where the pipe(s) would surface in the creek and amounf of water that would flow from each pipeline. Timing: The components of the drainage plan shall be implemented prior to commencement of construction of structures. Monitoring: CDD shall site inspect during grading.
Geolocy
2t The recommendations outlined in the project specific geotechnical investigation shall be followed in the construction of the subject project and the applicants shall-be required to have the project engineering geologist onsite to observe all excavations prior to placement of compacted soil, gravel backfill, or rebar and concrete. Plan Requirements/Timing:
Two copies of the preliminary foundation investigation shall be submitted with the building plans for building permit plan check. Applicable plan sheets (i.e., grading, foundation, etc.j shall be in substantial compliance with the recommendations outlined in the soils report.
The project engineering geologist shall be onsite during excavationo recompaction and foundation preparation work, as applicable. Monitoring: Building Inspector shall review and approve building plans and shall site inspect during construction, prior to occupancy clearance.
Norsn
22' All noise attenuation measures specified in the Acoustical and Construction Noise Study prepared by Rincon Consultants, dated August 1,2023, shall be implemented to ensure that interior noise levels do not exceed 45 CNEL in habitable rooms. The measures shall include, but not be limited to, the following noise attenuation features:
a' Provide mechanical ventilation so that windows may be left closed by Conditions of Approval; Resolution No. PC-24-001
4745 Carpinteria Ave Mixed-Use Project, February 5,2024 Page l0
occupants. This can be achieved passively with z-ducts, fresh air ducts or approved equal.
b. All exterior walls shall meet a Sound Transmission Class (STC) rating of at least
46. c. All windows and sliding glass doors shall be rated STC 26 (assumed to be standard dual pane windows required per Title 24 energy standards) or higher.
d. All entry doors shall be insulated against weather and sound with nonporous seals. Caulk entry door thresholds as they are placed. e. Use permanently non-hardening sealant around perimeter of window frames. f. Window assemblies shall be constructed with effective non-porous gaskets or weatherstripping to minimize air infiltration and sound leakage. g. Provide airtight construction at all exterior walls with acoustical or other non-hardening sealant at floor plates.
h. Use door jamb and head gasketing and door bottom gasketing at entry doors to seal the solid core doors against weather and sound.
Plan Requirements/Timing: All sound attenuation measures shall be incorporated into the building plans submitted for building permit plan check. Applicable plan sheets (i.e., mechanical, windows and doors, etc.) shall be in substantial compliance with the measures outlined in the acoustical study. Monitoring: Building Inspector shall review and approve building plans and shall site inspect during construction, prior to occupancy clearance.
23. Construction activity shall be limited to the hours between 7:00 a.m. and 5:00 p.m., Monday through Friday. No construction shall occur on weekends or State holidays (e.g., Thanksgiving, Labor Day). Construction equipment maintenance shall be limited to the same hours. Non-noise generating construction activities such as interior painting are not subject to these restrictions. Plan Requirements: A sign stating this restriction shall be provided to the applicant and posted onsite. Timing: The sign shall be in place prior to the beginning of and throughout all construction activities. Violations may result in suspension of permits and/or citations. Monitoring: Building Inspector shall spot check and respond to complaints.
24. In addition to the construction hour limitations, all construction noise reduction measures specified in the Acoustical and Construction Noise Study prepared by Rincon Consultants, dated August 1,2023, shall be implemented to limit short-term noise impacts during construction, including, but not limited to:
a. Mufflers. During all phases of demolition and construction, all construction equipment, fixed or mobile, shall be operated with closed engine doors and shall be equipped with properly operating and maintained mufflers consistent with manufacturers' standards.
b. Stationary Equipment. All stationary construction equipment shall be placed so that emitted noise is directed away from the nearest sensitive receptors. c. Equipment Staging Areas. Equipment staging shall be located in areas that will create the greatest distance feasible between construction-related noise sources and noise-sensitive receptors.
Conditions of Approval; Resolution No. PC-24-001
4745 Carpinteria Ave Mixed-Use Project, February 5,2024 Page I I
d. Smart Back-up Alarms. Mobile construction equipment shall have smart back-up alarms that automatically adjust the sound level of the alarm in response to ambient noise levels. Altematively, back-up alarms shall be disabled and replaced with human spotters to ensure safety when mobile construction equipment is moving in the reverse direction in compliance with applicable safety laws and regulations.
e. Electrically- and Hydraulically-Powered Tools and Facilities. Electrical power shall be used to run air compressors and similar power tools and to power any temporary structures, such as construction trailers or caretaker facilities, where feasible. To the extent feasible, hydraulic equipment shall be used instead of pneumatic impact tools.
f. Noise Disturbance Coordinator. The project applicant shall designate a "noise disturbance coordinator" responsible for responding to any local complaints about construction noise. The disturbance coordinator shall determine the cause of any noise complaint and shall require that reasonable measures be implemented to correct the problem. A telephone number for the disturbance coordinator and the City shall be posted at the construction site.
Plan Requirements: A sign stating this restriction shall be provided to the applicant and posted onsite. Timing: The sign shall be in place prior to the beginning of and throughout all construction activities. Violations may result in suspension of permits.
Monitoring: Building Inspector shall spot check and respond to complaints.
25. The use of amplified sound equipment in the outdoor courtyard areas and unit deck or porch areas shall be limited so as to not constitute a public nuisance or violate any applicable City noise ordinances. Monitoring: CDD shall periodically inspect to ensure compliance. CDD andlor Sheriff Office deputies shall respond to any filed noise complaints.
Souu Wlsro
26. The permittee shall develop and implement a Solid Waste Management Program. The program shall include, but is not limited to, the following measures:
a. Provision of One (l) Four-cubic yardbin for storage of recyclable materials within the project site.
b. Development of a Source Reduction Plan (SRP) describing the recommended program(s) and the estimated reduction of solid waste disposed by the project. c. Implementation of a program to purchase materials that have recycled content for project construction andlor operation (i.e., plastic lumber, office supplies, etc.).
To ensure compliance, the applicant shall develop an integrated solid waste management program, including recommended source reduction, recycling, composting programs, and/or a combination of such programs, subject to CDD review and approval.
Plan Requirement: The applicant shall submit a Solid Waste Management Program to CDD for review and approval prior to issuance of a Building Permit. Timing: Program components shall be implemented prior to occupancy clearance and throughout the life of Conditions of Approval; Resolution No. PC-24-001
4745 Carpinteria Ave Mixed-Use Project, February 5,2024
the project. Monitoring: CDD shall site inspect during construction, prior to occupancy, and after occupancy to ensure solid waste management components are established and implemented.
27. Sixty-five percent (65%) or more of all construction and demolition debris generated shall be diverted from the landfill, as mandated by Carpinteria Municipal Code. Demolition and/or excess construction materials shall be separated onsite for reuse/recycling or proper disposal (e.g., concrete asphalt). During demolition and grading, separate bins for recycling of construction materials and brush shall be provided onsite. Plan Requirements: This requirement shall be printed on demolition plans. Applicant shall submit a Waste Management Plan (WMP) prior to demolition and provide Public Works with a completed WMP, including receipts for recycled materials to demonstrate compliance with the City's Construction and Demolition Program's 65%o mandatory diversion rates. Timing: Materials shall be recycled as necessary throughout demolition and grading activities. Monitoring: Public Works shall review and approve a completed WMP prior to issuance of a Building Permit.
28. To prevent construction and/or employee trash from blowing offsite, covered receptacles shall be provided onsite prior to commencement of grading or construction activities.
Waste shall be picked up weekly or more frequently as directed by CDD staff. Plan Requirements and Timing: Prior to Building Permit issuanceo applicant shall designate and provide to CDD the name and phone number of a contact person to monitor trash/waste and organize a clean-up crew. Trash control shall occur throughout all grading and construction activities. Monitoring: CDD shall inspect periodically throughout grading and construction activities.
Arn Qu.rlnv
29. Dust generated by the development activities shall be kept to a minimum with a goal of retaining dust on the site by following the dust control measures listed below. During clearing, grading, earth moving, excavation or transportation of cut or fill materials, water trucks or sprinkler systems shall be used to prevent dust from leaving the site and to create a crust after each day's activities cease.
a. During construction, use water trucks or sprinkler systems to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this shall include wetting down such areas in the late morning and after work is completed for the day. Increased watering frequency shall be required whenever the wind speed exceeds l5 miles per hour. Reclaimed water should be used whenever possible.
b. Minimize amount of disturbed area and reduce on site vehicle speeds to l5 miles per hour or less.
c. If importation, exportation and stockpiling of fill material is involved, soil stockpiled for more than two days shall be covered, kept moist or treated with soil binders to prevent dust generation. Trucks transporting fill material to and from the site shall be tarped form the point of origin.
Conditions of Approval; Resolution No. PC-24-001
4745 Carpinteria Ave Mixed-Use Project, February 5,2024
l
d. After clearing, grading, earth moving or excavation is completed, treat the disturbed areaby watering, or revegetating, or by spreading soil binders until the area is paved or otherwise developed so that dust generation will not occur.
Plan Requirements: All requirements shall be shown on the grading and building plans.
Timing: Condition shall be adhered to throughout all grading and construction u"iiuiti.s.
Monitoring: CDD shall ensure measures are on plans. Grading and Building Inspectors shall spot check and ensure compliance onsite. APCD inspectors shall respond to nuisance complaints.
30 The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering as necessary to prevent transport ofdust off-site.
Their duties shall include holiday and weekend periods when work may not be in progress.
Plan Requirements: The name and telephone number of such persons shall be provided to the APCD and the Community Development Department. Timing: The dust monitor shall be designated prior to issuance of a Grading or Building Permit. Monitoring: CDD shall contact the designated monitor as necessary to ensure compliance with dust control measures.
31. The following Diesel Exhaust Control Measures should be implemented during construction activities :
a. Diesel construction equipment meeting the California Air Resources Board's current emission standards for off-road heavy-duty diesel engines shall be used. b. The engine size of construction equipment shall be the minimum practical size. c. The number of construction equipment operation simultaneously shall be minimized through efficient management practices to ensure that the smallest practical number is operating at any one time.
d. Construction equipment shall be maintained in tune per the manufacturer's specifications.
e. Construction equipment operating onsite shall be equipped with two-to-fourdegree engine timing retard or pre-combustion chamber engines. f. Catalytic converters shall be installed on gasoline-powered equipment, if feasible. g. Catalytic converters, diesel oxidation catalysts and diesel particulate filters as certified and/or verified by EPA or Califomia shall be installed on equipment operating onsite.
h. Diesel powered equipment should be replaced by electric equipment whenever feasible.
i. State law requires that idling of heavy-duty diesel trucks during loading and unloading shall be limited to five minutes; auxiliary power units should be used whenever possible.
Plan Requirements: Allrequirements shall be shown on grading and building plans.
Timing: Condition shall be adhered to throughout all grading and construction activities.
Monitoring: CDD shall ensure measures are on plans. Grading and Building Inspectors Conditions of Approval; Resolution No. PC-24-001
4745 Carpinteria Ave Mixed-Use Project, February 5,2024
shall spot check and ensure compliance onsite. APCD shall respond to complaints, as applicable.
WlrnR Qu,urrv
32. Construction materials and waste such as paint, mortar, concrete slurry, fuels, etc. shall be stored, handled, and disposed of in a manner which minimizes the potential for storm water contamination. Plan Requirements and Timing: Bulk storage locations for construction materials and any measures proposed to contain the materials shall be shown on the plans submitted to the Community Development Department for review prior to issuance of a Building Permit. Monitoring: CDD staff shall site inspect prior to the commencement and as needed during all grading and construction activities.
33. During construction, washing of concrete trucks, paint, equipment or similar activities shall occur only in areas where polluted water and materials can be contained for subsequent removal from the site. Wash water shall not be discharged to the storm drains, street, drainage ditches, creeks or wetlands. The location of the washout area shall be clearly noted at the construction site with signs. PIan Requirements: The applicant shall designate a washout areao acceptable to CDD, and this area shall be shown on the construction and/or grading and building plans. Timing: The wash off area shall be designated on all plans prior to issuance of a Grading or Building Permit. The washout area shall be in place and maintained throughout construction. Monitoring: CDD shall check plans prior to issuance of a Grading or Building Permit and staff shall site inspect throughout the construction period to ensure proper use and maintenance of the washout area.
Sronu Wlrnn
34. The project shall provide for onsite retention of storm water runoff, infiltration, and recharge where feasible. Feasibility shall be determined by CDD and Public Works.
Retention basin(s) shall be maintained for the life of the project by the landowner.
Recharge systems shall be developed in conjunction with Public Works and CDD. PIan Requirements: A drainage plan showing the location and design of the retention basins shall be submitted to CDD and Public Works for review and approval. Long term maintenance requirements shall be specified in a maintenance program subrnitted by the landowner. Timing: Retention and/or recharge basins shall be installed (landscaped and inigated subject to CDD and Public Works approval) prior to occupancy clearance.
Monitoring: CDD shall site inspect for installation and maintenance of landscaping.
Public Works approval is required on final grading/drainage plans, and CDD approval is required for release of the performance security.
35. The applicant shall follow the County of Santa Barbara Stormwater Technical Guide to implement Post-Construction Runoff Control Measures (PCRs) to effectively prevent the entry of pollutants from the project site into the storm drain system during and after development. Plan Requirements: The applicant shall implement a Storm Water Control Conditions of Approval; Resolution No. PC-24-001
4745 Carpinteria Ave Mixed-Use Project, February 5,2024
36 Plan (SWCP) that includes the following elements: identification of potential pollutant sources that may affect the quality of the storm water discharges; the proposed design and placement of structural and non-structural PCRs to address identified pollutants; a proposed Operation and Maintenance Plan; a method for ensuring maintenance of all PCRs over the life of the project; and certification by a licensed civil engineer, architect, or landscape architect. The approved measures shall be shown on all building plans. Timing: Prior to issuance of a Grading or Building Permit, the SWCP shall be submitted to public Works.
All measures specified in the plan shall be constructed and operational prior to occupancy clearance. The terms of the Operation and Maintenance Plan shall be followed to maintain facilities. Monitoring: Public Works shall site inspect prior to occupancy clearance to ensure measures are constructed in accordance with the approved plan and periodically thereafter to ensure proper maintenance.
Utlltrrns
This Development Plan and Coastal Development Permit does not constitute approval for the installation of new and/or repair of existing underground utilities. All modifications to, or installations of new utilities shall be under separate permit(s) from the appropriate utility providers and the Public Works Department for any work within the public right-of-way.
Utility provider permission for excavation shall precede issuance of any permits for construction within the public right-of-way.
HousrNc
37. The applicant shall provide Three (3) low income dwelling units (16.67% of project units) available for rent at prices affordable to households earning up to 80% of Area Median Income (AMI) consistent with the provisions of Government Code $$ 65915-65918 (Density Bonus Law). Requirements and Timing: Prior to issuance of the building permit, the applicant shall execute and record an Affordable Housing Regulatory Agreement (Agreement), which shall include a Restrictive Covenant (Covenant). The Agreement and Covenant shall be based on the City's model documents and subject to the review and approval of CDD and the City Attorney. As agreed to by the applicant at the Planning Commission meeting on February 5,2024, the units shall remain affordable for a period of99 years, beginning upon date ofissuance ofthe occupancy clearance for said units. The running of the covenant shall toll during any period of violation.
The Agreement shall include, but not be limited to, the following information about the project:
a. The total number of units approved for the housing development, including the number of affordable dwelling units and manager,s unit; b. A description of the household income group to be accommodated by the housing development and the standards and methodology for determining the corresponding affordable rent or affordable sales price and housing cost consistent with California Department of Housing and Community Development and Housing and Urban Development guidelines;
Conditions of Approval; Resolution No. PC-24-001
4745 Carpinteria Ave Mixed-Use Project, February 5,2024
c. The marketing plan for the affordable units;
b. The locationo unit sizes (square feet) and number of bedrooms of the affordable dwelling units;
c. Tenure of the use restrictions for affordable dwelling units for a period of 99 years;
d. A schedule for completion and occupancy of the affordable dwelling units; e. A description of the additional incentives and concessions being provided by the City;
f. A description of the remedies for breach of the agreement by the owners, developers and/or successors in interest ofthe project; g. Other provisions to ensure successful implementation and compliance with the City's Density Bonus ordinance, Government Code $$ 65915-65918 (Density Bonus Law), and California Department of Housing and Community Development and Housing and Urban Development guidelines; and h. Other provisions to ensure compliance with applicable local, state, and federal tenant protection regulations.
In addition, the Agreement shall provide for the following conditions governing the use of affordable dwelling units during the applicable restriction period:
a. The rules and procedures for qualiffing tenants, establishing affordable rent, filling vacancies and maintaining the affordable dwelling units for qualified tenants;
b. Provisions requiring owners to annually verifu tenant incomes and maintain books and records to demonstrate compliance.
c. Provisions requiring owners to submit an annual report to the City, which includes the name, address and income of each person occupying the affordable dwelling unit and which identifies the bedroom size and monthly rent or cost of each unit; and
d. The applicable use restriction period shall comply with the time limits for continued availability as specified above.
38. Owner shall provide direct connections to high-speed internet service, including wireless access (e.g., Wi-Fi), to each residential unit and all residential tenants at no charge. The City acknowledges that Owner does not operate a high-speed internet service and thus is not responsible to configure a tenant's personal computer or other similar devices and temporary internet services outages may occur outside the control of the Owner. Owner may require residential tenants to comply with reasonable restrictions on the use of the internet service consistent with applicable federal, state and local laws and regulations.
Tenants shall have the right to alternative internet service at the tenant's own expense.
39. Owner shall designate at least One (1) on-site manager that resides in the project consistent with applicable California Department of Housing and Community Development and Housing and Urban Development guidelines.
40. None of the dwelling units shall be operated as short-term vacation rentals or otherwise leased for a period ofless than 30 days.
Conditions of Approval; Resolution No. PC-24-001
4745 Carpinteria Ave Mixed-Use Project, February 5,2024
PaRrrNrc
A minimum of 53 parking spaces (45 standard spaces and 8 "compact" spaces) shallbe maintained onsite for the life of the project. Parking spaces shall remain available for the use of residents and customers only. In addition, bicycle parking for a minimum of l2 bicycles shall be provided onsite and maintained for the life of the project. Additional bicycle parking shall be provided in the public right-of-way in a minner generally consistent with that depicted on the approved site, civil, and landscape plans, subject to final approval of the design and layout by the public works Department. plan Requirements: Parking spaces and bicycle racks shall be shown on the plans submitted for Building Permit and Engineering Permit review. Timing: Parking rpac.r shall be striped and maintained (as needed) and bicycle racks installed prior to pinal Occupancy clearance. Monitoring: CDD and PW shall periodically inspect the site for ongoing compliance.
41. The applicant shall develop and implement a Construction Parking, Staging and Traffic Management Plan. The purpose of the Plan is to minimize parking and traffic impacts to the surrounding residential neighborhood during construction of the project. The plan shall include, but is not limited to, the following measures:
a. Development of a construction vehicle parking plan depicting the location of onsite construction vehicle parking. If all construction vehicle parking on-site is not feasible throughout the construction phase, the applicant shall implement a construction employee shuttle program documenting the location of offsite construction employee parking and shuttle schedule.
b. Development of a construction equipment, material staging and storage plan confirming that all construction equipment and materials will be located on-site and not within any City right-of-way.
c. Development of a construction traffic management plan accounting for the temporary location and movement of construction delivery trucks, large equipment, cranes, and similar construction related activities.
Plan Requirement: The applicant shall submit a Construction Parking, Staging and Traffic Management Plan to CDD and Public Works for review and approval piior to issuance of a Building Permit. Timing: Program components shall bJimplemented prior to issuance of a Building Permit. Monitoring: CDD shall site inspect duiing construction to ensure compliance with all aspects of the plan.
DEVELOPMENT PLAN CONDITIONS
42 Approvalof the Development Plan and Coastal Development Permit shall expire two (2) years after approval by the Planning Commission unless prior to the expiration date, substantial physical construction has been completed on the development or a time extension has been applied for by the applicant. The decision-maker with jurisdiction over the project may, upon good cause shown, grant atime extension.
Conditions of Approval; Resolution No. pC-24-001
4745 Carpinteria Ave Mixed.Use Project, February 5,2024 Page l8
43. If the applicant requests a time extension for this permit, the permit may be revised to include updated language to standard conditions and/or mitigation measures and additional conditions and/or mitigation measures which reflect changed circumstances or additional identified project impacts. Mitigation fees shall be those in effect at the time of issuance of a Building Permit.
44. No permits for development shall be issued except in conformance with the approved Development Plan and Coastal Development Permit. The size, shape, arrangement, use and location of buildings, walkways, parking areas and landscaped areas shall be developed in conformity with the approved Development Plan marked Attachment A, Exhibit 2, dated February 5,2024, and with the agreed upon modification to increase the setback the western edge of the western third floor units (Units 2l-24) toward the center of the project by Three (3) feet while maintaining the interior courtyard dimensions during the February 5,2024 Planning Commission meeting. Substantial conformity shall be determined by the Community Development Department Director.
45. On the date a subsequent Development Plan is approved for this site, any previously approved but unbuilt plans shall become null and void.
46. To allow time for the utility companies to locate and mark their facilities for the contractor, the applicant shall telephone Underground Service Alert (USA) toll free at l-800-227-2600 a minimum of 48 hours prior to the start of construction. For best response, provide as much notice as possible, up to l0 working days.
47. Existing and proposed easements for all utilities shall be located and described on the engineering plans or the architectural drawings prior to issuance of building permits.
CITY RULES & REGULATIONS/LEGAL REQUIREMENTS
48. Future commercial uses of all tenant spaces shall be consistent with project zoning, including, but not limited to, the base zone district requirements and any applicable overlay districts, including Visitor-serving Commercial allowed uses. Approval of a Building Permit for all future tenant improvements within the commercial spaces is required. In addition, issuance of a Carpinteria Business License and Occupancy Clearance shall be obtained for all future tenants to confirm respective uses are consistent with allowed uses under zoning prior to initiating business. Individual uses may be conditioned for hours of operation, noise, or similar measures, as needed, to address potential nuisance issues and land use compatibility.
49. No provision of alcohol service, live entertainment or dancing are permitted as part of this approval. Should the applicant or any future tenant(s) choose to provide any ofthese services or activities, the proper licenses and approvals must first be obtained from the City. Plan Requirements/Timing: Prior to initiating alcohol service, live entertainment or dancing, applicant andlor tenant shall apply to the City (and/or respective State agency) for all necessary licenses and approvals. Monitoring: CDD staff shall ensure all Conditions of Approval; Resolution No. PC-24-001
4745 Carpinteria Ave Mixed-Use Project, February 5,2024 Page I 9
l
1 50.
51. 52.
54. 55
56 53
necessary licenses/permits are obtained prior to initiating any of the enumerated ancillary uses.
All future food and beverage tenants shall comply with the City's ban on food dispenser containers made entirely or in part from non-recyclable plastic (including but not ii^it"d to expanded polystyrene (eps) containers), including the annual self-reporting requirements as outlined in CMC $8.50, and the City's ban on single use plastic and paper bugi ur outlined in CMC $8.51.
Before using any land or structure, or commencing any work pertaining to the erection, moving, alteration, enlarging, or rebuilding of any building, structure, or improvement, the applicant shall obtain a Building Permit. These Permits are required by ordinance and are necessary to ensure implementation of the conditions required by the planning Commission. Before any Permits will be issued by the community Developmint Department, the applicant must obtain written clearance from all departments having conditions; such clearance shall indicate that the applicant has satisfied all pre-constiuction conditions. A form for such clearance is available from Community Development.
All Conditions of Approval and mitigation measures shall be printed in their entirety on applicable pages of construction or building plans submitted to CDD. The approved set of plans shall be retained at the construction site for review by the Building Inipector during the course of construction.
Prior to issuance of a Building Permit, the applicant shall provide a signed copy of the Conditions or Approval on a form acceptable to Community Development. Such form may be obtained from the CDD office.
Prior to issuance of a Building Permit, the applicant shall pay all applicable CDD permit processing fees in full. Any outstanding plan check or inspection fees incurred during construction shall be paid in full prior to occupancy clearance.
The applicant shall pay the statutory school fees in effect at the time of issuance of Building Permits to the Carpinteria Unified School District. Plan Requirements and Timing: The applicant shall submit final square footage calculations and the required fee payment to the School District prior to issuance of Building Permits. Monitoring: CDD shall ensure payment is made prior to issuance of a Building permit.
In accordance with Chapter 15.80 of the Carpinteria Municipal Code, the applicant shall pay Development Impact Fees to the City prior to Building Permit issuance. The amount of the fees will be determined at the time permits are issued.
Any change of use in the proposed buildings or structures shall be subject to environmental analysis and appropriate review by the City, including Building Code compliance. 57 Conditions of Approval; Resolution No. PC-24-001
4745 Carpinteria Ave Mixed-Use Project, February 5,2024 Page20
58. The conditions of this approval supersede all conflicting notations, specifications, dimensions, and the like which may be shown on submitted plans.
59. Any and all damage or injury to public property resulting from this development, including without limitation, City streets, shall be corrected or result in being repaired and restored to its original or better condition.
60. All requirements of the City (including but not limited to public improvements as defined in the City Municipal Code (CMC), Section 1 5. 1 6. I I 0) and any other applicable requirements of any law or agency of the State and/or any government entity or District shall be met.
61. The standards defined within the City's adopted model Building Codes (UBC; NEC; UMC; UFC; UPC; UHC) relative to the building and occupancy shall apply to this project.
62. Any minor changes may be approved by the City Manager and/or Community Development Director. Any major changes will require the filing of a modification application to be considered by the Planning Commission.
63. No building permits shall be issued for this project prior to meeting all required terms and conditions listed herein. When not specified herein, all conditions shall be satisfied prior to issuance of a building permit or prior to occupancy when allowed by the Community Development Director.
64. If,, at any time, the City or Planning Commission determines that there has been, or may be, a violation of the findings or conditions of this Development Plan and Coastal Development Plan, or of the Municipal Code regulations, a public hearing may be held before the Planning Commission to review this permit. At said hearing, the Planning Commission may add additional conditions, or recommend enforcement actions, or revoke the permit entirely, as necessary to ensure compliance with the Municipal Code, and to provide for the health, safety, and general welfare of the City. The applicant shall reimburse the City for all costs associated with gaining compliance with the original conditions of approval.
65. In the event that any Condition of Approval imposing a fee, exaction, dedication or other mitigation measure is challenged by Applicant/Owner/Permittee in an action filed in a court of law or threatened to be filed therein which action is brought within the time period provided by law, this approval shall be suspended pending dismissal of such action, the expiration of the limitation period applicable to such action, or final resolution of such action. If any Condition of Approval is invalidated by a court of law, the entire project shall be reviewed by the City and substitute Conditions of Approval may be imposed.
66. The owner/applicant ("Owner") hereby agrees to defend, indemnify and hold harmless the City, its officers, employees, agentso consultants and independent contractors ("City's Agents") from any claim, action or proceeding ("Claims") against the City and the City's Agents to attack, review, set aside, void or annul, in whole or in part, the City's approval of Conditions of Approval; Resolution No. PC-24-001
4745 Carpinteria Ave Mixed-Use Project, February 5,2024 Page2l
the Development Plan and Coastal Development Permit (the "Project"), or any condition attached thereto, or any proceedingso acts or determinations taken, done or made prior to the approval that were part of the approval process. Owner further agrees to indemni$ and hold harmless the City and the City's Agents from any award of attorneys' fees or court costs made in connection with any Claim. Owner further agrees to pay any and all City costs, permits, attorneys' fees, engineering fees, license fees and taxes arising out of or concerning the Project, whether incurred prior to or subsequent to the date ofapproval and that the City's costs shall be reimbursed prior to this approval becoming valid. These commitments of defense and indemnification are material conditions of the approval of the Project. Nothing contained in this condition shall prevent the City or the City's Agents from independently defending any Claim. If the City or the City's Agents decide to independently defend a Claim, the City and the City's Agents shall bear their own attorneys' fees, expenses and costs ofthat independent defense.
67. Written authorization to proceed and consent to conditions of approval by the legal owner of the property shall be provided to the City prior to building permit issuance.
SPECIAL DISTRICT CONDITION LETTERS
68. Compliance with the attached Departmental and District letters is required as follows:
a. Carpinteria Sanitary District, dated May 3,2023.
b. City of Carpinteria Public Works Department, dated November 27,2023. c. Carpinteria Valley Water District Intent to Serve Letter, dated November 10,2023 d. Carpinteria Valley Water District Condition Letter, dated November 10, 2023. e. carpinteria-Summerland Fire Protection District, dated July 29,2023.
Approved by the Planning Commission on February 5,2024
I HAVE READ AND LINDERSTOOD, AND I WILL COMPLY
WITH ALL ABOVE STATED CONDITIONS OF THIS PERMIT.
Applicant/Property Owner Date
Conditions of Approval; Resolution No. PC-24-001
4745 Carpinteria Ave Mixed-Use Project, February 5,2024 Page22
5300 Sixth Street
carpinteria, cA 93013
Phone (805) 684'7214. Fax (805) 684'7213 CARPINTERIA
Sanitary District
May 3, 2023
Via Email: [email protected]
Mr. Nick Bobroff
Community Development Department
City of Carpinteria
5775 Carpinteria Avenue
Carpinteria, California 9301 3
RE: Project No. 23-2221-DPICDP
4746 Carpinteria Avenue (APN: 003-251-0{8)
Applicant: Western Built Construction - Justin Klentner Dear Mr. Bobroff:
Thank you for the opportunity to provide comments on the subject project. The Carpinteria Sanitary District (District) has reviewed the application package and conceptual plans provided for the proposed mixed use project, which includes 22 new residential apartment units and 4,3O4 square feet of commercial space.
The District recommends that the following conditions be incorporated into the revieWapproval process to address sewer system improvements:
1. Any sewer improvements shall conform to approved District construction standards for materials and methods. The applicant shall submit detailed engineered drawings to the District showing all proposed sewer improvements for review and approval.
2. The preliminary utllity plans show a single connection to the District's existing sewer main in 9th Street. This may be acceptable for the proposed development (single ownership and not condominiums). Exact configuration will be determined in the design review process described in ltem 1 above.
3. The applicant shall provide the District with an estimate of peak wastewater flow from the proposed development. The hydraulic capacity of downstream sewer conveyance infrastructure in Holly Avenue is limited. The District may require modeling of the District sewer network to verify available capacity to serve the project.
4. A Sewer Construction Permit is required for sewer improvements serving the proposed project. The permit shall be procured and applicable fees paid prior to issuance of buiiOing permits. During construction, it is the applicant's responsibility to notify the District oi any modifications to or variation from the approved engineered drawings.
S. A Development lmpact Fee (DlF) for the project shall be paid to the District prior to issuance of a Sewer Construction Permit. The applicable DIF shall be determined by C:\Users\kileym\AppData\Local\Microsoft\Windows\lNetCache\Content.Outlook\SYRKMJQM\4745CarpAve-PrelimConditions'doc INVIRONMENTAL LEADT,I{S}1IP IN CARPINTERIA SINCE I928
www.carpsan.com
May 3, 2023
6. the District according to Ordinance No. 18, orthe then current District ordinance at the time of permit issuance. Credit for the existing non-residential connection will be included in the DIF calculation.
7. District sewer service charges (SSCs) are calculated per District ordinance and collected through the County of Santa Barbara property tax rolls on an annual basis. prior to obtaining a Certificate of Occupancy (COO), the applicant shall pay applicable pro-rated SSGs due for the period between COO issuance and the following-June 39tt'. lf you have any questions or comments regarding any of the conditions provided, please contact me at (805) 684-7214 extension 112, or by email at [email protected].
Sincerely,
CARPI NTERIA SANITARY DI STRICT
Craig Murray, P.E.
GeneralManager
cc: Lance Lawhon ([email protected])
5300 Sixth Street
Carpinteria, CA 93013
CARPINTERIA
San itary District
Phone (805) 684-7214 . Fax (805) 684-7213
January 17,2024
Via Email: [email protected]
Mr. Brian Banks
Community Development Department
City of Carpinteria
5775 Carpinteria Avenue
Carpinteria, California 93013
RE Project No. 23-2221 -DP/CDP
4745 Carpinteria Avenue (APN: 003-251-018)
Applicant: Western Built Construction - Justin Klentner Dear Mr. Banks:
Thank you for the opportunity to provide comments on the subject project. The Carpinteria Sanitary District (District) has reviewed the application package and conceptual plans provided for the proposed mixed-use project, which includes 24 new residential apartment units and 4,3O4 square feet of commercial space.
The District recommends that the following conditions be incorporated into the review/approval process to address sewer system improvements:
1. Any sewer improvements shall conform to approved District construction standards for materials and methods. The applicant shall submit detailed engineered drawings to the District showing all proposed sewer improvements for review and approval.
2. The preliminary utility plans show a single connection to the District's existing sewer main in 9th Street. This may be acceptable for the proposed development (single ownership and not condominiums). Exact configuration will be determined in the design review process described in ltem 1 above.
3. The applicant shall provide the District with an estimate of peak wastewater flow from the proposed development. The hydraulic capacity of downstream sewer conveyance infrastructure in Holly Avenue is limited. The District may require modeling of the District sewer network to verify available capacity to serve the project.
4. A Sewer Construction Permit is required for sewer improvements serving the proposed project. The permit shall be procured and applicable fees paid prior to issuance of ENVIRONMENTAL LEADERSHIP IN CARPINTERIA SINCE ] 928
wwwcarpsan.com
January 16,2024
Building permits. During construction, it is the applicant's responsibility to notify the District of any modifications to or variation from the approved engineeied drawings.
5. Development lmpact Fees (DlF) for the project will be required. The existing building on the site has an existing sewer connection to the District and the project DIF fees will be credited for that connection. The project will receive a DIF credit ot$1 1 ,971.31for the existing 1,500 square foot building. The proposed mixed-use development, less the DIF credit, has an estimated DIF fee of $23,741.48. The fees will be determined when the District reviews the finalized construction plans.
6. District sewer service charges (SSCs) are calculated per District Ordinance 17 and collected through the County of Santa Barbara property tax rolls on an annual basis.
Prior to obtaining a Certificate of Occupancy (COO), the applicant shall pay applicable pro-rated SSCs due for the period between COO issuance and the following June 30th.
For each new EDU being served. The estimated SSC for the proposed project is $18,665.52.
lf you have any questions or comments regarding any of the conditions provided, please contact me at (805) 684-7214 extension 113, or by email at [email protected].
Sincerely,
CARPI NTERIA SANITARY DISTRICT
La,nuz Lwrtillow
Lance Lawhon
Engineering Technician
Attachment: Development Fee Calculation
1 2
CITY OF CARPINTERIA' CALIFORNIA
Publ ic Works Department
Memorandum
To: Nick Bobroff, Principal Planner
Comm un ity Development Department
From: John L. llasin, Public Works Director/City Engineer /s/ Date: November 27,2023
Subject 4745 Carpinteria Avenue, Project No. 23-2221-DPICDP The Public Works Department has reviewed the project submittal dated April 26, 2023, and has the following conditions of approval:
CONDITIONS OF APPROVAL
An Engineering Permit shall be obtained from the City Engineer for any improvements or other encroachment work within the public right-of-way All improvements within the public right-of-way shall be completed to the satisfaction of the City Engineer prior to the issuance of a Certificate of Occupancy
3. Record drawings or as-built plans shall be submitted to the City Engineer at time of final inspection for all work covered by an Engineering Permit. The record drawings or as-built plans shall be the original construction tracings or permanent mylar copies of a quality acceptable by the City Engineer.
4. A Transportation Permit shall be obtained from the City Engineer for operating or moving any vehicle or combination of vehicles or special mobile equipment in any of the acts as listed in Carpinteria Municipal Code Section 1212.010.
All existing private property encroachments shall be removed from the City of Carpinteria public right-of-way.
lmprovements shall include concrete curbs, gutters, and sidewalks; and street trees along the property frontage on Ninth Street.
lmprovements shall include removal of existing driveway approach at the property frontage on Carpinteria Avenue and replacement with concrete curb, gutter, and sidewalk.
lmprovements shall include new concrete driveway approaches at the following property frontage locations for conformance with current Americans with Disabilities Act (ADA) standards:
CITY OF CARPINTERIA
5 6
7 8
5775 CARPINTERIA AVENUE CARPINTERIA, CA 930 l3-2603 o (805) 684-5405 r FAX (805) 684-5304 o www.caminteria.ca.us
9.
47 45 Car pinteri a Ave n u e, Project No. 23-2221- D p/C D p Conditions of Approval
November 27,2023
Carpinteria Avenue
Ninth Street
10 11
12 13.
14 15
16 17
lmprovements shall include application of microsurfacing for the entirety of Ninth Street between Holly Avenue and the Ninth Street termiius. lmprovements shall include the removal and replacement of any lifted or damaged sidewalks, curbs, and gutters along the property frontage on Carpinteria Avenue.
All new and existing utility services shall be installed underground from the closest point of connection or utility pole and completed prior to any paving required for the project. No new utility poles shall be installed.
Stormwater control plans shall be in conformance with the County of Santa Barbara Technical Guide for Low lmpact Development.
A Majntenance Agreement for permanent stormwater quality best management practices shall be submitted to the City Engineer for review -and
approvaL The
Maintenance Agreement shall include, at minimum, the following biements: (1) operations and Maintenance Plan; (2) Legal description and plal ot property; (s; site plan of all permanent stormwater quaiity best management praiticds; g,l' ' Property owner's printed name, signature, and date of signing; and (5) Notary pu blic acknowledgement.
lmprovements in areas of special flood hazards as shown in the latest effective flood insurance rate map shall be constructed in conformance with the City floodplain management regulations (Carpinteria Municipal Code Chapter iS.SO).
Construction and demolition debris generated shall be reported in conformance with the Construction and Demolition Debris Recycling Piogram. Sixty-five percent (65%) or more of all construction and demolition iJebris shaJl be diverled from the landfill. The Construction and Demolition Debris Recycling Program forms shall be completed and submitted to the City Engineer prior t6 tne issuance of a Certificate of Occupancy.
Construction and demolition debris shall be separated on site into reuse, recycling, or disposal. Separate bins or containers for recycling of construction and demolition debris shall be provided on site.
Self-hauled disposal receipts from transfer stations shall be submitted to the City Engineer prior to the issuance of a Certificate of Occupancy.
Any self-hauled construction and demolition debris shall be reported in writing to the city Engineer. A contract waste haurer may be allowed foi disposal of construction and demolition debris subject to the approval of the City Engineer.
End of Gomments
18 Carpinteria Valley Water District
1301 Santa YnezAvenue . Carpinteria, CA93013
Phone (805) 684-2816
November LO,2023
Justin Klentner
152 N Almont Dr.
West Hollywood, CA 90048
SUBJECT: Request for lntent to Serve Letter regarding proposed project at4745 Carpinteria Avenue (the "Project")
Dear Applicant,
ln response to your request, this letter will serve as confirmation that Carpinteria Valley Water District (the "District") currently has sufficient water supply to serve the Project, subject to qualifications indicated below.
The Project proposes to redevelop 4745 Carpinteria Avenue into a new mixed-use development.
Per density bonus law, this project set aside L7% of the L8 base units for low-income households, which would equate to three income-restricted units, and would grant the project tup to a 30.5% density bonus (six additional units), which would equal 24 units. The project consists of 23,094 GSF of 18 two-bedroom units, 5,752 GSF of 4 two-bedroom townhouses facing 9th St., 2,155 GSF of 2 one-bedroom units, 4,304 GSF of 2 story commercial/retail, and 22,500 GSF concrete parking podium. 53 proposed parking spaces: L8 commercial and 35 residential.
Perm it #: 23-2221-DPICD P
While the District currently has sufficient water to supply the Project's proposed use, it is important to note that the District has declared a Stage 1 Drought Emergency (see Ordinan ce 22-L, www.cvwd.netl, which remains in effect. As a result, while there are currently meters available to service the Project, the District will continue to monitor its water supply, and may be forced to consider declaring more severe stages of drought or imposing further water restrictions or a moratorium on new and/or expanded connections.
Accordingly, the confirmation conveyed by this letter is subject to the following conditions and caveats L. lf the intensity of the proposed use increases, this letter is void and you will need to file a new request for an "lntent to Serve" letter. Subsequent issuance of a new lntent to Serve letter is not assured.
2. This letter is only valid for the Subject Project.
3. You must obtain all permits and approvals for the Project as required by local, state and federal law.
S:\Development\4745 Carpinteria Avenue\2023 Klentner Mixed Use\20231110_INTENT-CONDITIONS-23-2221-DP-CDP.docx 4' This "lntent to Serve" letter is conditional upon, and shall not be in force or effect until, the project receives final approval from the applicable land use agency. 5' Upon the expiration of any land use and or building permits for the project, this "lntent to Serve,, confirmation shall be void and you shall be required to submit a new request for confirmation of the District's intent to serve the Project, which shall be subject to any drought conditions, restrictions and/or moratoriums then in effect.
6' lf new meters are required for the Project, issuance of said meters shall be subject to applicable fees, including, but not limited to, Capital Cost Recovery fees, Construction costs and other related costs, and Water Supply lmpact fees.
7. The District reserves the right to participate in or comment on any analysis or review of the project performed by any agency under the california Environmental euality Act (cEeA), even if said participation or comment may detrimentally impact the resulting CEeA review or analysis. This letter does not constitute analysis or approval under CEeA.
8. You must renew this letter annually after the date of this letter to keep the District apprised of Project status and developments.
9. This letter has a Project specific Conditions Letter attached that will be considered to be included in the conditions above.
Should you have any questions please do not hesitate to contact the District at g05-694-2gj_6, Very truly yours,
Carpinteria Valley Water District
Spencer Seale
Field Engineering Technician
cc: TCM to account
Brian King, District Engineer
S:\Development\4745 carpinteria Avenue\2023 Klentner Mixed Use\20231110_INTENT_coNDlTtoNS 23-2221.-Dp-CDp.docx Carpinteria Valley Water District
1301 Santa YnezAvenue . Carpinteria, CA93013
Phone (805) 684-2816
November 10,2023
Justin Klentner
152 N Almont Dr.
West Hollywood, CA 90048
SUBJECT: 4745 CARPINTERIAAVE; APN 003-251-O2L; ACCOUNT NUMBER 08-082152-02; PROJECT NUMBER 23-2221-DPICDP; MIXED-USE DEVELOPMENT (APARTMENTS + TOWNHOMES + COMMERCIAL SPACE); INTENTTO SERVE WITH CONDITIONS To Whom lt May Concern,
Please be advised, this parcel is within the jurisdiction of Carpinteria Valley Water District and therefore is entitled to District water service in accordance with District Rules and Regulations. Currentlythe District is in a Stage L Drought Emergency; for more information on Ordinance 22-L, please visit the District website www.cvwd.net.
This letter is good for one year from the date of the letter.
The subject property is currently served by a 0,75" commercial water meter and does not have a backflow protection device immediately downstream of the water meter (Account #08-082152-02). Based on the grading and drainage plans dated April 14th, 2O23,the District has the following conditions:
. lnclude the District on the City's building permit issuance and finalsign off routing sheets. r lnclude the District on the City's final sign off for occupancy. o The project must have a meter for each dwelling unit and the project must be plumbed accordingly and note which meter is servicing each dwelling unit. Water demand calculations must be provided to the District in order to determine the meter sizes prior to sign off of the building permit. e Commercial units will require commercial water meter(s) for the project. o Unless utilized for the project, the existing 0.75" commercial water meter and service line on Carpinteria Avenue is to be abandoned and shown on water utility plan. . The property will require a dedicated landscape meter or meters to water landscaped areas. The irrigation meter(s)will require an appropriately sized reduced pressure principle backflow assembly (RP) per Standard Detail W-115. Calculated water demand will determine landscape meter size, as to be approved by District.
o Provide landscape plan that displays water system layout prior to issuance of building permit. o Provide a complete Civil plan set prior to issuance of building permit. r Once meters are installed, accounts will be open and owner will be responsible for monthly fees, charges, and account deposit.
5:\Development\4745 Carpinteria Avenue\2023 Klentner Mixed Use\20231110_INTENT_CONDITIONS_23-2221-DP-CDP.docx a The owner is responsible for all Capital Cost Recovery Fees and Construction Deposits as outlined in Appendix B and Appendix C of the District's Rules and Regulations. Construction Deposits required prior to signing the Building Permit. Capital Cost Recovery Fees due prior to the installation of water meters.
The owner is responsible for all Water Supply lmpact Fees for the project prior to the installation of water meters if such fees apply.
lf fire sprinklers are required, fire demand calculations must be supplied to the District prior to building permit issuance to ensure the meter size is adequate. lf the water meter must be upsized to meet fire sprinkler demand, the owner is responsible for all fees and deposits associated with upsizing the water meter.
lf fire sprinklers are required, the owner is responsible for installing a reduced-pressure principle backflow assembly (RP) at the water meter per District standard detail W-115-01. Any deviations from the standard detail must be approved by the District prior to installation. Fire sprinkler demand calculations would need to consider the pressure loss across the backflow assembly. The backflow assembly must have a passing test performed by a certified backflow tester and submitted to the District prior to final sign off. Backflow device installation and testing fees are the responsibility of the owner and the backflow assembly would be added to the District's Cross-Connection Control program and require annual testing.
lf an independent fire system is required, the owner must install a double-check detector assembly (DCDA) approved by the District and the Foundation for Cross-Connection Control and Hydraulic Research (FCCCHR). Fire demand calculations would need to consider the pressure loss across the backflow assembly. The backflow assembly must have a passing test performed by a certified backflow tester and submitted to the District prior to final sign off. Backflow device installation and testing fees are the responsibility of the owner and the backflow assembly would be added to the District's CrossConnection Control Program and require annual testing. lf other fire improvements are required for the project, the owner is responsible for all fees, deposits, and development costs associated with these improvements, including, but not limited to, fire hydrants, independent fire services, water meter upgrades, backflow assembly installations, plans, facility upgrades, and main extensions.
Should changes to the plans, including landscaping, irrigation, or water fixtures occur we require an additional opportunity to review revised plans.
lf you have any questions, please feel free to contact me at [email protected] or 805-G84 -28I6xL24.
Very truly yours,
Carpinteria Valley Water District
Spencer Seale
Field Engineering Technician
a
a
a
a
a
S:\Development\4745 Carpinteria Avenue\2023 Klentner Mixed Use\20231110_INTENT_CONDtTtONS_23-222 j.-Dp-CDp.docx cc TCM to account
Brian King, District Engineer
S:\Development\4745 Carpinteria Avenue\2023 Klentner Mixed Use\20231110_INTENT_CONDITIONS_23-2221-DP-CDP.docx 4F CenprNTERlA - S uvrMn RLATND
FnE PnorecTroN Dlsrrucr
4745 Garpinteria Ave carpinteria cA 93013, Apral 26, zoz3 Location
Status
Submittal Date:
Proj ect Address/Location:
APN:
Project Description
Applicant:
Applicant Address:
Applicant Phone Number:
Applicant Email:
SubmittalType:
Plann i n g/Conceptual Design
Date Review Completed:
Permit Number:
Planner:
Plan Checker:
Actions Taken:
PROJECT CONDITIONS:
34. 400926, -L19.52L7 28
I Planning Complete
April26,2O23
4745 CarpinteriaAve
Carpinteria CA 93013
oo3-251-o2I
Mixed Use Project Commercial/Residential
Western Built Construction/Justin Klentner
152 N. Almont Dr
West Hollywood CA 90048
3LO-927-40rL
justi n@westernbui ltconstruction.com
Planning
May 25,2O23
23-222r CDP/DP
Nick Bobroff
Michael LoMonaco
Letter sent
Access Requirements:
All required access ways (public or private) shall be installed and made serviceable prior to vertical construction or stacking of lumber for construction, or storage of combustible materials.
Access ways shall be extended to within 150 feet of all portions of the exterior walls of the first story of any building. The Fire Marshal may extend this length for sprinklered structures.
Entry gates require an approved Knox entry system. lt shall be installed in an accessible location.
Building address numbers shall be visible from the street. Numbers shall be a minimum 4" high l" stroke on a contrasting background for residential structures. 8" high 2" stroke minimum on commercial structures.
"Community First"
1140 Eugenia Place, suite A. carpinteria, california 93013 . (805) 694-4sgr 4# CenprNTERlA - S uvrME RLAI\D
Frnn PnorucrroN Dlsrrucr
Application for address changes or additional addresses shall be submitted to CSFPD Fire Prevention Bureau.
Additional Comments: 9th street is a dead end street. A fire department turnaround is required. lt is recommended to use the 9th street entry driveway as part of the required turnaround. Contact the Fire Prevention Bureau for further clarification.
Water Requirements:
Fire hydrants capable of supplying the required fire flow for fire protection shall be provided for all buildings or portions of buildings which have been or are hereafter constructed within this project.
A current fire flow form shall be submitted to Carpinteria-Summerland Fire Protection District. Contact the Carpinteria Valley Water District to schedule having the test performed.
Fire hydrants shall be installed within 250 feet driving distance of all structures. The hydrant(s) shall be of the type approved by the Fire District and acceptable to the Carpinteria Valley Water District. The fire hydrant and mains supplying the same shall be installed in accordance with the current CFC and CSFPD standards. The minimum gallons per minute at20 PSI shall be determined by the fire flow requirements in the current CFC.
Prior to vertical construction or stacking of lumber for construction the fire protection water system shall be installed flushed and approved by the Fire District to assure compliance with the standards expressed herein.
Additional Comments: Two new hydrants will be required. One on the Carpinteria Ave. side of the project on the south side of the street. The second will be installed on the 9th street side of the project.
Exact location to be determined with Carpinteria Valley Water District.
Fire Protection Systems Requirements:
All new buildings and structures shall be protected by an approved automatic fire sprinkler system,
FDCs shall be located within l-50' of a fire hydrant capable of providing the required fire flow.
Prior to installation plans for the proposed fire sprinkler system shall be designed by a qualified person and submitted to this office for approval.
A fire alarm or sprinkler monitoring system shall be installed or modified. Prior to installation plans for the system shall be designed by a qualified person and submitted to this office for approval.
"Community First"
1140 Eugenia Place, Suite A. Carpinteria, California 93013 . (805J 684-459L CenprNTERlA - S uvrME RLAI{D
Flnu PnorscrroN Dlsrrucr
Smoke detectors and carbon monoxide alarms must be installed in all residences in accordance with the current National Electric Code Per the provisions of the California Building and Fire Codes.
Prior to occupancy all alarm systems that are monitored shall be tested.
Prior to occupancy portable fire extinguishers shall be mounted such that the maximum travel distance from any area will meet the standard or be less than 75 feet.
Add itional Requ irements:
llluminated exit signs and emergency exit lighting shall be provided in accordance with the provisions of the current California Fire Code.
Any future changes including further division, intensification of rJSe, or increase in hazard classification may require additional conditions in order to comply with applicable fire district development standards.
Fees:
Pursuant to County ordinance Chapter 15 & Carpinteria Municipal Code Chapter g.26 Section 8.26.030 - lmposition of fire protection mitigation fees: The applicant will be required to pay a fee for the purpose of mitigating the increased fire protection needs generated by the development. The amount of the fee is as follows:
D. Multiple Family Residential Development. A fee of $2004.76 per Dwelling Unit will be assessed on all Multiple Family Residential development.
H. Retail/Service/Office Use Development. A fee of $4.35 per square foot of floor space will be assessed on all new Retail/ Commercial/ Office Uses development.
PURSUANT to CSFPD Ordinance 2019-01 imposition of fire protection fees for service:
The applicant may be required to pay fees for additional plans reviews and/ or additional field inspections. The amount of the fee is as follows:A. Two Hundred Twenty-Four ($224.00) Dollars for Additional Plan Review Fees will be assessed as additional plan reviews are completed. B. Two Hundred Ten ($210.00) Dollars per hour for Field lnspections will be assessed for additional inspections.
Checks shall be made payable to: Carpinteria-Summerland Fire Protection District (CSFpD) and delivered to Fire District Headquarters at LL40 Eugenia Place, Suite A Carpinteria, balifornia 93013.
Money orders and cashiers' checks will be accepted. Cash payment will not be accepted. Credit and debit cards can be used online. The link can be found at carpfire.com "Community First"
1140 Eugenia Place, suite A. carpinteria, california 93013 . (805) 694-4sgt 4F
4F Cenp INTERIA - S uvrME RLAI{D
FnE PnorscrroN Dlsrrucr
lnspector's Signature
Signed 612912023, LL:55:44 AM PDT
The above conditions apply to this project as submitted. Future changes including, but not limited, to further division, intensification of use, or increase in hazard classification, may require additional conditions in order to comply with applicable development standards in effect at the time of the change. lf you have questions please do not hesitate to contact this office at (805) 684-4591 "Community First"
1140 Eugenia Place, Suite A. Carpinteria, California 93013. (805) 684-459L Attachment D
Planning Commission Minutes
February 5, 2024
47 45 Carpinteria Avenue Mixed Use Development
23.222I.DP/CDP/ARB
March 26,2024
MINUTES, PLANNING COMMISSION
CITY OF CARPINTERIA
CARPINTERIA, CALIFORNIA
February 5,2024
Regular Meeting
5:30 P.M.
TO ORDER and ROLL CALL
was called to order at 5:30 p.m. by Chair Benefield
Present:
Jane L. B Chair
Glenn La F ice-Chair
David Allen
John Moyer
Katherine Salant
Others Present:
Nick Bobroff, Community Director
Brian Banks, Principal Planner
Mack Carlson, Legal Counsel, Farber
CALL TO ORDER &
ROLL CALL
PLEDGE OF ALLEGIANCE - Chair B flag salute. PLEDGE
INTRODUCTIONS, PRESENTATIONS, - None ANNOUNCEMENTS
PUBLIC COMMENT - None PUBLIC COMMENT
CONSENT CALENDAR
l) Minutes of the Planning Commission meeting held
November 6,
MOTION
Upon a
Moyer,
Commissioner La Fevers, seconded by Commissioner
ing Commission voted 4-0-l (Benefield, La Fevers,
Salant in favor; Allen abstained) to approve the regular Commission meeting minutes of November 6,2023, as presented.
CONSENT CALENDAR
NEW PUBLIC HEARING
2) 4745 Carpinteria Avenue Mixed-Use Project
Project # : 23 -2221 -DP/CDP
Address: 4745 Carpinteria Avenue
Applicant: Edward DeVicente, DMHA Architecture
Planner: Brian Banks
Hearing on the request of Edward DeVicente, DMHA Architecture, to consider Project 23-2221-DPlcDP (application filed April 14,2023) for a Development Plan and Coastal Development permit to allow redeve of the at 4745 Avenue (cunently
NEW PUBLIC
HEARING
MTNUTES, PLANNING COMMISSION February 5,2024
Regular Meeting
Page2.
occupied by Sun Coast Rentals) into a new three-story mixed-use (commercial / residential) development comprised of a 24-unit,3l,026 square foot apartment complex built around and atop a ground-level22,198 square foot concrete parking podium, and a 4,044 square foot two-story commercial building; and to accept a categorical exemption pursuant to $15332 of the California Environmental Quality Act (CEQA) Guidelines.
The application involves APN 003-251-021, addressed as 4745 Carpinteria Avenue.
DISCLOSURE OF EX.PARTE COMMUNICATIONS
Commissioner La Fevers visited the site and saw story poles, and Commissioner Allen said he did the same. Chair Benefield visited the site and spoke with John Nicoli, Carlena McKnerney and Catherine Decker.
Commissioner Salant visited the site and spoke with one neighbor from the trailer park, as well as the Sun Coast Rentals manager. Commissioner Moyer visited the site.
Principal Planner Brian Banks presented the staff report. He said staff was recommending approval of the project and to accept a categorical exemption pursuant to $15332 of the California Environmental Quality Act ("cEQA").
Commissioner Salant gave a presentation where she pointed out her concerns about the project. She analyzed the character ofthe neighborhood's eating establishments and said the project's commercial area that could accommodate acafd has a patio with very limited outdoor seating. She also analyzed the space between apartment buildings, pointing out that they are too close together in some areas, resulting in bedrooms with very little privacy and corridors with no sunlight. She made suggestions for how the buildings could be re-designed to offer more space between them and allow sunlight. One of her ideas for creating more space included converting apartments from two bathrooms to one. She also suggested that a wall in front be broken up or replaced by a hedge.
Principal Planner Brian Banks proceeded to answer commissioners' questions about the project. Topics included plate heights, Flood Zone requirements impacting the potential to lower grading of the parking garage, trash enclosures in the garage, providing Wi-Fi for all residents, conditions restricting rooftop structures such as satellite dishes, details about green elements and soils testing, whether there will be an onsite manager, and whether diagonal parking can continue on Ninth Street.
Legal Counsel Mack Carlson provided information on restricting satellite dishes or over-the-air reception devices. He clarified there is ability to late but have certain retain. He
MTNUTES, PLANNING COMMISSION February 5,2024
Regular Meeting
projects with l6 units or more require an on-site manager, and the devices are something the landlord or manager can regulate, with limits established regarding reasonable locations for them (for example, allowing devices on a balcony vs. a roof).
commissioner Salant questioned why flat roofs were not considered and said it would be an easy way to reduce building heights. She said a good designer can make anything look good.
Mr. Banks continued with project details in response to questions on deck sizes, the feasibility of adding ADUs, and the rooftop deck. commissioner Allen expressed support for commissioner Salant's ideas to explore converting two-bathroom units to one-bathroom ones, as well as using a different roof pitch.
BREAK - Chair Benefield called for a 5-minute break
PUBLIC HEARING OPENED - Chair Benefield opened the public hearing. Eleven people came forth to speak and the following are highlights:
Project applicant Ed Devicente, on behalf of Justin Klentner, owner, stated that they have been working to address project comments and have met with the Ninth Street neighbors. He said Michael Stroh and Katie Klein would answer questions.
Michael stroh, architect, explained that the floor heights were a result of the project being in a Flood Zone, and the garage cannot be lowered further. Regarding the roof heights, he said they had originally proposed to use flat roofs, but Richard Johnson of the ARB suggested a pitched roof design. Stroh said he believes they have made the roofs look great, and there is not a significant part of the building that exceeds height limits. He detailed changes that had been made to the facades on Ninth street, including the addition of porches. Regarding the paseos being narrow, he explained they do solar and shadow studies, and layouts within the units can be changed to allow the bedrooms more privacy. About the commercial footage, it was reduced to allow more parking and amenities to fit in the parking garage. with respect to fire safety on Ninth street, he explained that they created an area (a fire truck hammerhead) where the fire truck can back in and out using the garage entrance, which results in not having to pave over a large area at the end of Ninth Street.
K gln, Kati e land scape arch itect, provided ifics the landscaping She said created as much
spec
as
about
with mature
MINUTES, PLANNING COMMISSION February 5,2024
Regular Meeting
trees being protected in the riparian area. She said they did a circulation analysis and added planters wherever there are windows to enhance privacy. They also planted trees wherever there is sky. In response to questions about the depth of the planters, she explained they vary between 3 and 5 feet deep.
Project owner Justin Klentner described himself as a local resident and builder, emphasizing that he is not here to rush in and rush out. He said they listened to the concerns of Ninth Street residents and worked with them, noting that as a result, telephone phones on the Ninth Street frontage are now proposed to be undergrounded. He added that he is happy to provide free Wi-Fi and not allow antennas. Regarding rumors that he overpaid for the lot, he said he did so it would not go to an outsider who would build and leave. He clarified that he wanted the project to contain more two-bedroom apartments, but several one-bedroom units were provided at the request of the City. He said there will be low-income units and a manager on-site. He said he doesn't know at this point if the commercial space will be a caf6, but if there needs to be more room for one they could re-design it.
Amrita Salm expressed that the project is not consistent with the General Plan/Coastal Plan. She pointed out what she felt were inconsistencies in the Staff Report with respect to protecting mountain views, compatibility with surrounding neighborhood structures in size and scale, and traffic and safety on Carpinteria Avenue and Ninth Street. She said you can hardly turn around on Ninth Street, and parking spaces are being eliminated. She said the units are too big and we should accommodate as many people as we can. She also expressed concern about roofheights.
Patrick O'Connor expressed that he believes unbuildable space should not be part of lot coverage. He explained the project has mixed zoning (split zoning), with the Ninth Street side PRD, not commercial. As a result, the setback on Ninth Street has adopted a commercial setback of 5 feet when it should be l5 feet. He said there is the opportunity to challenge these things as a council and staff, and we should.
Jim Campos said the project will loom over his cottages located on the west side of Ninth Street. He spoke about the concrete flood channel built after the 1969 Flood and how it impacted the west side of Ninth Street, with property owners losing their yards. He said this project impacts the same property owners. He noted they have experienced issues obtaining home insurance due to the proximity of the flood channel, and the developer might also face insurance issues.
Carol Kernahan owner of a trailer next lamented that because of the MINUTES, PLANNING COMMISSION February 5,2024
Regular Meeting
project, she will
other things, for
open her blinds and not see the sunrise. She asked, among details about the S0-foot Flood Control channel setback on Ninth street. It was explained that half of the setback is under Flood Control and half is owned by the applicant.
John Gonzalez,the property owner on carpinteria Avenue adjacent to the project, pointed out that he and his neighbors are set back l6 and,17 feet, respectively, while the project will be set back 5 feet. He expressed the difficulty he will experience when exiting his property, describing it as a safety concern. In addition to blocked visibility, the road curves at Franklin creek which impacts the view of oncoming traffic. He thinks the project is too big, noting people will lose views from Ninth Street. He said although he feels for the developer, he does not live in the neighborhood.
John Nicoli, manager of Arbor Trailer Park, explained how its residents park on Ninth Street and the proposed parallel parking will eliminate spaces. He said Holly Ave is very crowded too, and parking issues are much worse in the evening than at noon. He said the city must be diligent in taking care of Ninth Street residents and reconfigure the street, with the project dovetailing its rehabilitation. He expressed that Ninth Street property owners have paid taxes for a long time and have been promised its rehabilitation for 25 years, but it has never happened. o'Hara Haggerty has lived at the end of Ninth Street for 27 years in front ofthe bridge. She spoke about the congestion that already exists and how with more congestion, it's going to be very tough.
commissioner salant commented that carpinteria Avenue does indeed curve and expressed concern about the safety ofthe parking garage entrance.
Mr. Gonzalez said not only willhe be impacted, but so will his neighbor and the development. He described it as a mess that will be compounded.
Commissioner Salant suggested that there be entering only from Carpinteria Avenue and exiting only from Ninth Street.
PUBLIC HEARING CLOSED
Chair Benefield closed the public hearing.
commissioner Moyer expressed support for the project. He said with state mandates easrng parking regulations, thIS project ls at its peak right now and we don't want lt to come back with leSS parking He said street safety will be an ISSUE we have deal with, noting that I must glve up to continue li
to
here. He ested
we al
out the back and
MINUTES, PLANNING COMMISS ION February 5,2024
Regular Meeting
forth and getting the project off the table.
Commissioner Allen noted the constraints the city has due to the state mandates. He believes it's an appropriate location for housing, with its mixed use. He said that parking issues are going to get worse and worse due to state laws. He understands how the unit numbers are generated and is okay with it. He's happy with setting back the third story elements from Carpinteria Avenue and Ninth Street. He'd also like to see setting it back on the second floor with the units on the west. He wants support for Wi-Fi and no rooftop structures on the third story, and he would like this in the Conditions of Approval. He said they cannot do anything about Ninth Street parking, but he would like to signal to the City Council to improve it.
Commissioner Salant reiterated that a good designer can make anything work. She said most of the discussion is focused on outside in and we need to address inside out due to privacy issues and bedroom windows. Density bonus is good but shouldn't compromise privacy. She expressed concern about the bend in the road on Carpinteria Avenue and said as a pedestrian you cannot even see the traffic. Regarding Ninth Street improvements, they should be spelled out and incorporated into the project so it will really happen. If the city said they will do it, then they should.
Commissioner La Fevers said he likes the project, and it is an appropriate place for mixed use that is heavily focused on housing. He likes rental housing as opposed to condominium or ownership options and feels it is needed. He appreciates the developer trying to make it a better project for the community. He agrees with most, if not all, of Commissioner Allen's comments. The two-story elements on Carpinteria Ave and Ninth Street softened the three-story project, but if there is additional opportunity to reduce the third story units, he would support that. He's somewhat inclined to push for more one-bedrooms, but it's not a necessity if the developer feels he has the best mix. He would support additional conditions regarding rooftop structures and would like stafls opinions on extending affordability covenants from 55 years to 100 years. He asked for information on the traffic report about safety on Carpinteria Avenue. He would be leery of tying this project into Ninth Street improvements and feels the primary focus should be the project.
Chair Benefield said she agrees with most of Commissioner La Fevers' comments. She feels the hammer that came down from the state works for Los Angeles but doesn't work well in a small town. She believes any housing is good housing and this project has a lot of good things, but she'd like a reduction in the two-bedroom units to create a better layout. She wants to see more detail and traffic reports. She says she is capitulating to the action the ci cannot so the ect not to
MINUTES, PLANNING COMMISSION February 5,2024
Regular Meeting
the General Plan, she 1S adhering to the Density Bonus Law, the Housing
Accountab ility Act and chipping away at RHNA numbers. Regarding Ninth Street, she feels it shouldn)
t be tied to the proj ect, but we need to become
proactive in getting that project completed. She noted it has been in the work Program for years. she said she would like this project to return with the details worked out.
Principal Planner Brian Banks addressed concems about the traffic on carpinteria Avenue. He said Public works reviewed the traffic study and it underwent a peer review with our traffic engineer. However, he did not know if the study included the driveway issues.
community Development Director Nick Bobroff added the study did include line of sight issues, and the consulting traffic engineer agreed with the findings of the study. He said Public works can be involved in refinement that includes red lining curbs as the project gets developed further.
commissioner Allen stated that he understands the issues expressed by Mr Gonzalez, but he does not feel the project should be redesigned. He spoke about how commercial areas often have buildings close to sidewalks and are often unsafe. He acknowledged it will likely be less safe and will require more care.
City Attorney Mack Carlson brought up the ability to extend the affordability covenants. He explained State law allows a longer covenant if there is a city ordinance addressing it, but we do not have one extending it for more than the state-mandated 55-year term. He does not feel it is feasible to craft a condition when we do not know the parameters of future projects.
Regarding Ninth Street, Mr. Bobroff explained the applicant met with the residents and Public works Department, and offered to take on a larger part of its improvements at his expense in exchange for a reduction on Development Impact Fees. However, it was decided he should focus on his portion for improvements, while the city should pursue the portions of its responsibility on its own timeline.
Mr. Klentner said he is happy to sign a covenant agreeing for the lowincome units to be deed restricted for 100 years, and he wants the project to move forward so he can work out details in the next phase. city Attorney Mack carlson clarified that his comments related to imposing conditions unilaterally on the applicant, but the applicant can vol to restrict the units for a term. He also clarified that MINUTES, PLANNTNG COMMISSION February 5,2024
Regular Meeting
the maximum duration of such a covenant is limited to 99 years.
Mr. Klentner reiterated that he wants to move into the next phase. He will do what he can do to save inches, reduce height, and explore the possibility of shaving square footage from the west side units (2 or 3 feet). He has been doing all he can do for two years now, and he wants to feel safe moving forward.
Principal Planner Brian Banks commented there is a balancing act we can do. He explained Staff would be comfortable with requirements that are worked out with the ARB or Public Works for their expert opinion, but things that aren't under their purview would result back in Mr. Klentner's hands.
Commissioner Salant said she is not persuaded that the paseo is not going to be a tunnel, and she is not comfortable giving approval.
Community Development Director Nick Bobroff explained the Planning Commission can add conditions, or the applicant can agree to certain details. It can also go back to the ARB for a post-Planning Commission approval.
Mr. Klentner and Mr. Stroh explained they could move the west side units back three feet over the second story units. About the interior units, he said pending further study, they can try to further address privacy concerns.
MOTION
Commissioner Moyer moved to approve Project 23-2221-DPICDP to allow a new three-story mixed use (commercial/residential) development totaling approxim at ely 64,0 5 3 square feet inc lud i ng a 24 -unit ap artment comp lex built around and atop a ground-level concreate parking podium and twostory commercial building fronting Carpinteria Avenue; accept a categorical exemption pursuant to 15332 of the California Environmental Quality ("CEQA"); and adopt the Findings in Exhibit 1, Attachment A and Conditions of Approval as proposed in Exhibit 3, (staffls recommendation).
Commissioner Allen seconded the motion for discussion. He requested inclusion of the following conditions: l) that Wi-Fi be provided to the tenants, 2)that structures not be placed on roofs that are over 30 feet high, 3) that a manager be on-site, 4) the affordability covenant be extended to 99 years, and 5) that the third-floor west-side units be moved three feet eastward.
City Attorney Mack Carlson requested that the city attomey's staff work with staff to draft the Conditions of
MTNUTES, PLANNING COMMISSION February 5,2024
Regular Meeting
commissioner salant asked for a condition that the interior units provide more privacy for the bedrooms. Commissioner Moyer said that as explained by the applicant, he believes they plan to address privacy issues through changes in the layout of the units.
community Development Director Nick Bobroff suggested one option is to amend the motion to direct the applicant to solve the layout riddle of creating privacy for the bedrooms.
The motion passed 4-0-l by the following roll call vote: commissioner Moyer voted yes, commissioner La Fevers voted yes, commissioner Salant abstained, commissioner Allen voted yes, and chair Benefield voted yes.
BUSINESS
3) of Planning Commission Chair and Vice-Chair
Upon a Commissloner Allen, seconded by Commissioner
Moyer, the Commission voted 5-0 to appoint Commissioner La Fevers as Chair
Upon a motion by La Fevers, seconded by Commissioner
Moyer, the Planning
as Vice-Chair.
voted 5-0 to appoint Commissioner
4) Appointment of Planning ioner to City's Plan
Update Committee
Commissioner Allen expressed his desire to
Chair Benefield volunteered to serve. The p
to appoint her.
the committee, and
ission voted 5-0
Upon a motion by Commissioner ) seconded by La
Fevers, the Planning Comm
Salant to the committee.
lSSlOn 5-0 to appoint
OTHER BUSINESS
MATTERS BY COMMISSIONERS
Commissioner Al that he and the Open Space Adv isory Board urge the City Council prioritize
position.
fundin o
b for reinstating an additional Code
Compliance
TTERS
Board Meetins Minutes of October 26,2023
DIRECTOR'S
MINUTES, PLANNING COMMISSION February 5,2024
Regular Meeting
Community Development
7)
8)
Calendar for the month of February 2024
Activity Report as of January 31,2024
Nick Bobroff reviewed the materials
and December 14,2023
Report as ofJanuary 31,2024
ONERS
2024-
ATTENDANCE FOR
NEXT MEETING
ATTENDANCE OF PLANNING
NEXT MEETING OF MONDAY,
they could attend.
indicated
ADJOURNMENT 8:45 p.m. ADJOURNMENT - Chair Benefield
Secretary, Planning Commission
ATTEST:
Commission
the
Attachment E
City Council Minutes
Februar! 12r 2024
47 45 Carpinteria Avenue Mixed Use Development
23.222I.DP/CDP/ARB
City of Garpinteria
City Council Minutes
Regular Meeting
Monday, February 12, 2024
ln-Person and Virtual
ROLL
TO ORDER
Clark called the meeting to order at 5.30 pm
Councilmem present
Brian C.
Teresa I
Councilmember Roy Lee
Councilmember Wade T. Nomura
Councilmember M6nica J. Sol6rzano
Jena ShoafAcos, on beha Brownstein Hyatt Farber
Schreck, LLP
of Carpinteria
as City Attorney of the City
Rennie, on of Brownstein Hyatt Farber
reck, acting as City Attorney of the City
ria (present via Zoom)
Vice Mayor Natalia Alarcon
Mayor Al Clark
Staff members present: Michael Ramirez, City Ma
City Clerk
n, ent Analyst ll
Nick unity Development Director
Joh llasin, Pu Works Director
n Downes, Analyst I
ndy Fogg, Principal ner
Aida Thau, Management lyst ll
Josefina Arechiga, Assistan grneer
PLEDGE OF ALLE
Mayor Clark led th present in the salute to the flag
COUNC R(S) REQUEST FOR REMOTE pARTtCtpATtON UN
There we councilmember requests for remote participation under AB 2449 2449
City Council Regular Meeting Minutes
February 12,2024
1 ENDA MODIFICATIONS: NONE
UCTIONS, PROCLAMATIONS AND PRESENTATIONS:
ntation of Proclamation Designating February 2O24 as Black History previously approved at January 22, 2024 Council meeting.
There was no ublic comment
Mayor Clark and e Council presented the proclamation to Dianne T ue with Pacifica Graduate te who provided remarks
2. Resolution No. , Congratulating Contract Building lnsp Roy W. Harthorn on His Retireme nd Commending and Thanking Him fo Years of Loyal and Dedicated Service the City of Carpinteria approval prior to presentation of
Speakers in-person: Dave Durfli r
Motion by Councilmember Nomu
Resolution No. 6289. Upon voice
Mayor Clark and the Council presen
provided remarks.
3. Plaque Honoring Former City Man
pole at the main entrance to City
Manager Dave Durflinger's service
City Manager Ramirez reported on the ueu
Councilmember Lee, to adopt
unanimously.
on No. 6289 to Mr. Harthorn who
Durflinger's Service.
ceremony held in front of the flag
rnoon to recognize former City
from the event.
for their years of
seconded
the motion
I
I earlier this
he showed a
4. Presentation of Empl ervice Awards
Management Analyst ll I
service to the City:
recognized the following
Dan Chepley ief Building lnspector
Tim Gray, ntenance Worker ll
Robert H rd, Public Works Supervisor
John I n, Public Works Director
o, Administrative Services Director
Menendez, Code Compliance Officer ll
Olivas, Office Assistant ll
a
o
a
a
a
a
a
He
City Council Regular Meeting Minutes
February 12,2024
a Marysol Smith, Associate Planner
r
rian Barrett
n Maker
niti n
Nick Com munity Development Director
Manny , Senior Parks and Facilities Maintenance Technician David Code Compliance Supervisor
David Hutf, ic Works Lead
Anthony Vega, aintenance Worker ll
. Lorena Esparza, istrative Assistant ll
City Manager Ramirez handed service awards to recogn employees except for Henry Menendez who was unabl attend
TEMPORARY ADJOURNMENT FO HE PURPOSE HOLDING THE MONTHLY
MEETING OF THE CARPINTERIA LI RY BOA TRUSTEES
Mayor Clark temporarily adjourned the m at 05 pm
RECONVENE THE REGULAR MEETING OF E CITY COUNCIL
Mayor Clark reconvened the meeting at 6 pm
PUBLIC INFORMATION REPORTS D ANNOUNC ENTS
Lieutenant Butch Arnoldi with the nta Barbara County S s Department provided an update on crime in the City
CITY MANAGER'S REPO
a. Senior Services P rammrng
City Manager Rami reported on the Senior Barn Dance
b. City Em Updates
City Ma irez provided an update on the following recruitments Manager; rks , Recreation and Community Services Director; Recreation a
a
a
o
a
a
a
City
Commu Services Coordinator; and Aquatics Superintendent. nd
City Council Regular Meeting Minutes
February 12,2024
tes on Capital lmprovement Projects
None
d. Updates on Applications
None
e. Other City/Community U
City Manager Ram on the Junior Lifeguards Prog e AnnualWork Plan Meeting #2 on February 26th, and the tree removal on block of Via Real
f. Planning Commission Actions - City Council may vote to appeal a decision of the Planning Commission to itself by majority vote (CMC 14.78.040(2)) Councilmember Sol6rzano recused herself on the Planning Commission Actions due to her residence being within 500 feet of the project voted on at the February 5, 2024 Planning Commission meeting and left the Council Chambers at 6:50 pm.
Community Development Director Bobroff reported on the Planning Commission actions from its meeting of February Sth.
Speakers in-person: Amrita Salm and Mike Wondolowski representing the Carpinteria Valley Association
Speakers via Zoom: Brad Stein
Motion by Councilmember Lee, seconded by Councilmember Nomura, for the City Council to appeal the decision of the Planning Commission at its meeting of February 5, 2024 regarding the 4745 Carpinteria Avenue Mixed Use Development Project. Upon voice vote, the motion carried unanimously with Councilmember Sol6rzano absent due to her recusal.
Community Development Director Bobroff announced that staff would prepare the staff report packet and return to an upcoming Council meeting.
Councilmember Sol6rzano returned to the dais at 7:10 pm.
PUBLIC NT ON MATTERS NOT ON THE AGENDA
Speakers in-person: Will present to speak), Stephen
Marcussen, Rick Olmstead, Nick
Ron Seigel
ersereau, and Luci Rogers
City Council Regular Meeting Minutes
February 12,2024
ls distributed: Amber Kaplan representing the Library Advisory commission c unity Development Director Bobroff responded to Mr. Boden,s rega the process and timeline for his project on Linden Avenue. He also to Mr.
Marcu
nded
eton's comments regarding the Rincon Multi-Use Trail pro and Mr 's comments regarding live entertainment and live music.
City Manag Ramirez also responded to Mr. Marcussen's comme regarding live entertainment, music, and anonymous service requests
Mayor Clark to a break al7:41 pm and reconvened the ng at7:47 pm
CONSENT CALEN
There was no public com nt.
Motion by Councilmember seconded by Council ber Nomura, to approve the Consent Calendar ltem Nos
unanimously.
through 6. U voice vote, the motion carried
5. Approve the minutes of the ar meeti held January 22,2024 and the special meeting held January 29,2024.
6. Receive and file the Expenditures the period beginning January 15,2024 and ending February 2 ,2024
ADMINISTRATIVE MATTERS :
7. Accept Proposal from Vl , LLC in the unt of $32,221.37 for Replacement of the Access Te on (GATV) Equipment.
Recommendation:
$32,221.37 for rep
Proposalfrom VIDIFLO, C in the amount of
ment of the Government Television (GATV)
equipment. requires a roll callvote.)
City Clerk Barrett the staff report
There was no p ic comment.
Motion by ncilmember Nomura, seconded by Councilmember So no, to accept the p from VIDIFLO, LLC in the amount of $32,221.37 for the repla of the Govern t Access Television (GATV) equipment. The roll call vote on the otion was as foll
AY Councilmember Lee, Councilmember Nomura, Councilmember So f,o, City Council Regular Meeting Minutes
February 12,2024
Vice Mayor Alarcon, and Mayor Clark
None
None
None
9. Continuation of Public Heari
ES
NT:
IN
The m carried unanimously
8. Req Letter to Cox Communications to Provide Public, Edu , and Gove rn ent (PEG) Channels in Hi-Definition (HD)
Recomme Approve and authorize the Mayor to a letter to COX Commun s requesting COX provide hi-definition ( to public, education, and govern (PEG) channels
City Clerk Barrett presen the staff report.
There was no public comme
Motion by Councilmember Nom seconded by uncilmember Sol6rzano, to approve and authorize the Mayor to sign a nsmit a r to COX Communications requesting COX provide hi-definition (HD) to lic, ed ion, and government (PEG) channels Upon voice vote, the motion carried ly
PUBLIC HEARING:
App I of the Measure A Five-Year Local
Program of Projects for ears 5 through 2028-29
Recommendation: Open public hearing, ive public comment, keep public hearing open, and co e the public hearing approval of the Measure A Five-Year Local P m of Projects for Fiscal rs 2024 -25 th roug h 2028-29 to the March 11, Council meeting
Public Works Director n introduced Management Analyst who provided the staff report.
Mayor Clark the public hearing at 8:01 pm and there was public comment.
Motion by
the public
Co lmember Sol6rzano, seconded by Councilmember ura, to continue ring for approval of the Measure A Five-Year Local Progra of Projects for Fiscal Y 2024-25 through 2028-29 to the March 11, 2024 Council votce , the motion carried unanimously
ng. Upon
City Council Regular Meeting Minutes
February 12,2024
Approval and adoption of Resolution No. 6290, establish Assistance Payment amounts for No-Fault Just Cause E
Carpinteria Municipal Code (CMC) Chapter 7.04.
ing Renter Relocation
victions pursuant to
mendation: Adopt Resolution No. 6290 (Attachment A), establis Re
Evi
Relocation Assistance Payment amounts for No-Fault Just pursuant to Carpinteria Municipal Code Chapter 7.04
Community ment Director Bobroff introduced Principal p ner Fogg who presented the report and PowerPoint presentation
Mayor Clark ope public hearing at 8:12 pm and bei there was no public comment, closed the p lic hearing at 8:12 pm
Motion by Councilmember
and adopt Resolution No
6rzano, seconded by Counci ember Nomura, to approve
, establishing Renter on Assistance Payment
amounts for No-Fault Just Evictions pursuan Carpinteria Municipal Code Chapter 7.04. Upon voice vote, motion carried u imously
CONSIDERATION OF ANY RE FROM CONSENT CALENDAR
AND/OR OTHER AGENDA ITEMS TO BE ADVANCED: NONE
MATTERS CONTINUED FROM PREVIO INGS: NONE
OTHER BUSINESS:
11. Approval of standardized for sing dog parks within the City of Carpinteria (City), including Monte Vista , and associated budget appropriation
Recommendationt
within the City incl
I of a (1) standardized gn for single-use dog parks
g for the Monte Vista Pilot P and (2) a budget
appropriation of $1 000 from the General Fund Re to the Park Maintenance Fu for construction of the Monte Vista Project. (This motion requires a roll vote.)
Management ll Thau and Assistant Engineer Arechiga d the staff report and PowerPoint
Speakers i rson: Lorraine Mclntire and Van Fleisher both representi C-DOG, and Sandra n
Emails stributed: Mike and Debi Stoker
City Council Regular Meeting Minutes
February 12,2024
City Council provided the following feedback on the fence height and the ended locations to consider establishing additional dedicated dog parks Council
Vice Mayor n: Six foot fence; City Hall and Casitas Pa
Councilme Nomura Six foot fence; City Hall and Casitas
Mayor Clark Six foot fence; Casitas Pass (City H location not big enough)
Motion by Council ber Lee, seconded by Councilmember ura, to approve the standardized design single-use dog parks, including design for the Monte Vista Pilot Project and a a budget appropriation of $1 0 from the General Fund Reserve to the Park Mai nce Fund for construction of Monte Vista Pilot Project.
Management Analyst ll Thau
the shared (small and large
ght clarification if Cou was approving the design for
dog park or the rated small dog and large dog
spaced dog park. The Council ap both des
The roll callvote on the motion was lows
AYES r Nomura, Councilmember Sol6rzano,
Clark
Coun
NOES:
ABSENT:
ABSTAIN
ber Lee:
ber Sol6rzano
Councilmember Lee, Coun
Vice Mayor Alarcon, and M
None
None
None
Six foot fence; City Hall and Casitas Pass
Six foot fence; Casitas Pass (City Hall
enough)
not big
The motion carried unanimously
12. Approve the first read of Ordinance No. 777, Ordinance of the City Council of the City of Carp ria, amending Carpinteria icipal Code Section 2.52 pertaining to aban ned and unattended personal p
Reco (1) Approve the first reading of Ordina No.777, amending CMC Sectio 52, as read by title only; (2) Find that app I and adoption of Ordinance 777 is exempt from CEQA pursuant to Secti 15060(cX2), 15060(c) , and 15061(bX3) of the CEQA Guidelines. (This requtres reading ordinance title and a rollcallvote.)
Legal
There
Cou I Acos and Rennie provided the staff report and PowerPoint no public comment.
p ntation
City Council Regular Meeting Minutes
February 12,2024
by councilmember sol6rzano, seconded by councilmember Nomura, to ) the first reading of Ordinance No. 777, amending CMC Sect on 2.52, as by ly; and (2) find that approvat and adoption of Ordinance No.777 is exem from ursuant to Sections 15060(c)(2), 15060(c)(3), and 15061(b)(3) of th CEQA City Clerk rrett read aloud the ordinance title into the record The roll call on the motion was as follows
AYES Cou member Lee, Councilmember Nomura, Cou ber So16rzano, Vice r Alarcon, and Mayor Clark
a
title
c
Guideli
NOES:
ABSENT:
ABSTAIN:
None
None
None
The motion carried unanimou
LEGISLATIVE UPDATE:
City Manager Ramirez provided
Cities.
usual atta ent from the League of California
Councilmember Sol6rzano asked if the C sent a letter regarding the State ballot initiative. City Manager Ramirez bel
would check and let the Council know
letter had been sent and noted that staff
COMMITTEE REPORTS, INQUI
COUNCILMEMBERS
AND MATTERS PRESENTED BY
Councilmember Sol6rzano on her attendance
. Santa Barbara
the Board revi
n Transit District Board eeting on February 6th where
id-year fiscals and second performance reports;
noted ridership is
. Harbor Seal Committee meeting on January th where the Committee reviewed the rbor Seal Rookery Report of 2023, about educational measures s as signs and the Carpinteria Seal Watch ite, and discussed beach clos and protection measures
. Counci
Mayor
ber Sol6rzano was unable to attend BEACON ng; however,
rk attended and he noted that discussion was cente
Its.
on the recent
Vice M Alarcon reported on her attendance at the Santa Barbara Joi Housi Task Force and the santa Barbara county Elected Leaders Forum le
Ho and she would report back at the next Council meeting ress
City Council Regular Meeting Minutes
February 12,2024
DANCE OF COUNCILMEMBERS FOR FUTURE MEETINGS
All Coun bers are expected to be in attendance at the February regular City Council meeti
ADJOURNMENT
Mayor Clark adjourned the ng at 9:13 pm
Al Clark, Mayor
ATTEST
Brian C. Barrett, C PMC
City Clerk
Attachment F
CEQA Notice of Exemption
47 45 Carpinteria Avenue Mixed Use Development
23.222I.DP/CDP/ARB
March 26,2024
Prlnt Form
Notice of Exemption Appendix E
To: Office of Planning and Research
P.O. Box3044, Room'113
Sacramento, CA 9591 2-3044
County Clerk
County 91. Santa Barbara
105 East Anapamu Street
Santa Barbara, CA 93101
From: (Public Agency):
5775 Carpinteria Ave
City of Carpinteria
Carpinteria, CA 93013
(Address)
Project Title: 4745 Carpinteria Avenue Mixed Use project Description of Nature, Purpose and Beneficiaries of project:
The proposed mixed-use development would be comprised of a 24-unit, 31,026 square foot apartment complex built around and atop aground-level 22,'l98squarefootconcreteparkingpodium, anda4,O44squarefoottwo-storycommercial buildingfronting carpinteria Avenue. All existing site improvementswould be removed to facilitate the proposed development. Cumulative square footage for the proposed project would total approximately 64,053 square feet.
Project Appl icant: Edward DeVicente, DMHA Architecture Project Location - Specific:
4745 carpinteria Avenue, carpinteria, cA 93013 (ApN 003-251 -021) Project Location - City: Carpinteria Prolect Location - County: Santa Barbara Name of Public Agency Approving project City of Carpinteria Name of Person or Agency Carrying Out project: Justin Klentner, owner Exempt Status: (check one):
Ministerial (Sec. 21 080(b)(1 ); 1 5268);
Declared Emergency (Sec. 21080(bX3); 15269(a));
Emergency Project (Sec. 21 080(b)(a); 1 5269(b)(c));
Categorical Exemption. State type and section number: S15332 (ln-fill Development Projects) Statutory Exemptions. State code number:
!
n
n
tr
tr
Reasons why project is exempt:
The project includes only the construction of an in-fill mixed use project with grading and landscaping, wherein the project is consistent with the City's GP/LCP & Zoning CbOe, is *Itftin ciiy limits on a project site of no more than five acres substantially surrounded by urban-uses, and the project site has no value as habitat for endangered, rare or threatened species. See attachment for additional analysis.
Lead Aoencv
Contact"person: Brian Banks, principal planner
Area Code/Telephone/Extension (805) 755-4414
ll filed by applicant:
1. Attach certified document of exemption finding.
2. Has a Notice of Exemption been filed by the public agency approving the project? yes No Signature Date: Tile: PrincipalPlanner
Signed by Lead Agency Signed by Applicant
Authority cited: Sections 21083 and 21 110, public Resources Code.
Reference : Sections 21 1 08, 21 1 52, and 2i 1 52. 1, public Resources Code.
Date Received for filing at OPR:
Revised 201 I
4745 Carpinteria Ave Mixed Use Project; 23-2221-DP/CDP/ARB City Council Hearing Date: March 26,2024
NOE Attachment
CEQA Notice of Exemption Additional Analysis Attachment 4745 Carpinteria Avenue Mixed Use Development
23-2221-DP/CDP/ARB
This project can be found to be categorically exempt from environmental review pursuant to 15332 (In-fill Development Projects) of the Guidelines for the implementation of the California Environmental Quality Act (CEQA). Class 32 Exemptions consists of projects that are categorized as "in-fiI|" development provided the project is: a) consistent with the City's General/Coastal Plan andZoningCode; b) is located within city limits on a project site of no more than five acres substantially surrounded by urban uses; c) the project site has no value as habitat for endangered, rare or threatened species; d) approval ofthe project would not result in any significant effects relating to traffic, noise, air quality, or water quality, and; e) the site can be adequately served by all required utilities and public services.
a) The project is consistent with the City's General/Coastal Plan. The project site's General/Coastal Plan Land Use is split-designated as Visitor-Serving Commercial ("VC") and General Commercial ("GC"), with the VC-designated approximately one-third of the property located along the Carpinteria Avenue frontage and the remaining GC-designated portion of the property located on the remaining southerly two-thirds of the property. The VC GeneraVCoastal Plan designation is intended to provide for uses that serve visitors to the City in addition to uses that serve City residents. The proposed commercial elements of the project would allow for uses such as restaurants or retail business, consistent with the VC designation. The GC General/Coastal Plan designation allows for a mixture of retail, service and office uses as would be typical of a mixed-use project. Further, the property is identified in the Community Design Element of the General Plan/Coastal Land Use Plan as being located within Community Design Subarea 2a: the Downtown Core District. This district encourages two and three-story mixed-use projects that are pedestrian-oriented and which transform the existing Carpinteria Avenue highway commercial strip to an integrated downtown street similar in character to Linden Avenue to further define a "downtown core."
The project is consistent with the City's applicable Zoning designations and regulations.
The project site is split-zoned: the majority (approximately eighty percent) of the property is zoned Commercial Planned Development ("CPD"), with the southeastern comer of the property along Ninth Street and adjacent a multi-family residential development is zoned Planned Residential Development ("PRD-13"). The CPD zone designation allows for commercial development including a variety of office, retail, service, and wholesale businesses, as well as residential development with "dwelling units integrated into the overall commercial development" (i.e., mixed-use developments). The project would place all the commercial elements and a portion of the residential elements of the project within the portion of the property zoned CPD, consistent with the types of uses permissible in this zone district. The PRD zone designation allows for a variety of residential densities, housing types and designs, including multifamily residential developments (such as apartment complexes). The proposed portion of the project site within the PRD-13-zoned 4745 Carpinteria Ave Mixed Use Project; 23-2221-Dp/CDplARB City Council Hearing Date: March 26,2024
NOE Attachment
are of the lot would include ground-level parking and two levels (above) of residential apartments. Such uses would be consistent with the types of land uses permissible in this zone district as modified by Density Bonus Lawl.
b) The project site is located within city limits on a project site of no more than five acres substantially surrounded by urban uses. The project site located entirely with the city limits, is approximately 0.87-acres in size, and is substantially surrounded by urban uses including both residential and commercial development.
c) The project site has no value as habitat for endangered, rare, or threatened species. The project site is currently developed with a commercial equipment and tool t.ntul business with the entirety of the site disturbed and devoid of any sensitive habitat. Additionally, consistent with the City's Creeks Preservation Program, the proposed project includes the required 50-foot setback from the adjacent Franklin Creek channel which, though channelized and not designated as Environmentally Sensitive Habitat Area ("ESHA") on the City's General/Coastal Plan maps, is considered habitat a arca. This creek setback 'obuffer" area would be protected in perpetuity as part of the project and restored as riparian and/or upland habitat as incorporated into the project plans. Additionally, the projecf incorporates vegetated bioswales that would be used to capture, treat and retain stormwater runoff from the project site, and other Low Impact Development ("LID") measures to treat stormwater and project the adjacent creek from untreated runoff. Finally, the project incorporates tree protection measures to ensure that the offsite native ry.u-o.. trees west of the project site along the creek corridor are protected during construction of the project. d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. A traffic study prepared by a qualified traffrc engineer was provided by the applicant as part of the project review. The study utilized the County's Vehicle Miles Travelled (VMT) calculator and regional traffic models in addition to an analysis of certain project-specific elements including the mixed-use design, integration of affordable rental units, location in close proximity to transit stops, and thJ inclusion of electric vehicle charging and parking spaces for the analysis. The study was provided to the City's contract traffic engineering consultant for peer-review, and the City's consultant confirmed the study was adequate and agreed with its conclusions that the project would not result in a significant environmental impact due to traffic. Further, an acoustical and construction noise study was provided to the City by a qualified consultant, which studied project related impacts to both interior and exterior noise levels. The study concluded that with the incorporation of standard City construction noise conditions of approval (e.g., construction hour restrictions, equipment mufflers and silent alarms, specified equipment staging areas and on-site'onoise disturbance coordinator"), the project would compiy with the City's General/Coastal Plan Noise Element policies, would not result in noise in excess of the City's environmentalthresholds, and would therefore not have a significant noise impact. Additionally, with construction materials and techniq.res p.opos.d for the project, including the specified windows, doors, mechanical ventilation and sealant details, interior noise levels of the project would not result in a significant impact on project residents.
I l,ltollmer v. City of Berke ley (2011 ) I 93 Cal.Ap p.4th 1329, 1347 -1350. 4745 Carpinteria Ave Mixed Use Project; 23-2221-DPICDP/ARB City Council Hearing Date: March 26,2024
NOE Attachment
Further, the project would not result in a significant effect on air quality because the completed project's emission would be less than the screening significance level of air quality pollutants and greenhouse gas emissions as established by the Santa Barbara Air Pollution Control District (APCD) (i.e., reactive organic compounds (ROC), nitrogen oxides (NO*), carbon monoxide (CO), and particulate matter (PMro and PMz.s)), and shortterm construction related impacts would be adequately addressed through project conditions of approval. Finally, the project complies with the City's stormwater regulations and incorporates Low Impact Development ("LID") measures to treat stormwater, and thus would not result in significant impacts to water quality. e) The site can be adequately served by all required utilities and public services. The project was reviewed by the Carpinteria Valley Water District, Carpinteria Sanitary District and Carpinteria-Summerland Fire Protection District, with each indicating ability to serve the project. Electrical, natural gas, and telecommunication services are all available at the site.
Finally, none of the specific or general exceptions to the Class 32 exemption apply here. The project would not result in damage to a scenic resource within an official state scenic highway, is not located on a listed hazardous waste or contamination site and the project would not result in a substantial adverse change in the significance of a historical resource. Furthermore, the project will not result in a significant effect on the environment due to an unusual circumstance. Finally, cumulatively significant impacts from projects of the same type in the same place over time will not result. Accordingly, none of the exceptions set forth in CEQA apply and the categorical exemption for In-fill Development Projects is properly relied upon.