Agenda packet — Carpinteria City Council, March 26, 2024 (part 1 of 3)

City of Carpinteria
Special City Council
Meeting Agenda
Tuesday, March 26, 2024
Council Chamber, 5775 Carpinteria Avenue, Carpinteria, CA 93013 5:30 p.m. Special Meeting
In-Person and Virtual Participation Options
Attendance/Viewing Options:
• Attend the in-person meeting in City Council Chambers at City Hall (5775 Carpinteria Ave.).
• View the meeting live through the City’s website (https://carpinteria.ca.us/cityhall/agendas-meetings). • View the meeting on Government Access Television Channel 21 (broadcast live and rebroadcast on the Wednesday and the Saturday following the meeting at 8:00 p.m. and 5:00 p.m., respectively).
• Call 669-900-9128 (and enter Webinar ID 849 5178 9727) to listen to the meeting. • Join the City’s Zoom webinar by CLICKING HERE. Alternatively, you can join the Zoom webinar by logging on to www.zoom.us, downloading the application, selecting "Join Meeting", and entering Webinar ID 849 5178 9727. • Spanish interpretation will be available at the in-person meeting and through the City’s Zoom webinar.

Public Comments
• Provide a live public comment in City Council Chambers at City Hall (5775 Carpinteria Ave.).
• Provide a live comment through the City’s Zoom webinar platform (through the link provided above). To make public comments through this platform please use the “raise your hand” feature to notify staff that you would like to make a public comment during designated public comment times. Once it is your turn to provide a public comment, staff will unmute your microphone and you will be given a designated amount of time to provide your comment. At the end of your comment, staff will once again mute your microphone.
• Submit a written comment (on a specific agenda item) to be distributed to Council Members by 12:00 P.M. on the day of the meeting by either submitting your comment via (1) email to [email protected], or (2) the eComment link on the City's agenda website https://carpinteriaca.gov/city- City Council Special Meeting Agenda
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hall/agendas-meetings/). Please reference the agenda item to which your comment pertains. Although written comments become part of the record, they will not be read aloud at the meeting.

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

Levine Act Warning
Applicants and their agents before the City Council are subject to the campaign disclosure provisions detailed in Government Code Section 84308. No City Council Member may accept, solicit, or direct a contribution of more than $250 from any party or agent for 12 months following the date a final decision is rendered by the City. This prohibition commences when an application has been filed, or the proceeding is otherwise initiated.

A party to a City proceeding—which includes both applicants and agents—shall disclose on the record of the proceeding any contribution of more than $250 made to any Council Member by the applicant or agent, during the preceding 12 months. No party to a City proceeding, or agent, shall make a contribution to a Council Member during the proceeding and for 12 months following the date a final decision is rendered by the City.

Prior to rendering a decision on a City proceeding, any Council Member who received contribution of more than $250 within the preceding 12 months from any party, or agent, to a proceeding shall disclose that fact on the record of the proceeding, and shall be disqualified from participating in the proceeding. However, if any Council Member receives a contribution that otherwise would require disqualification, and returns the contribution within 30 days of knowing about the contribution and the relevant proceeding, the Council Member shall be permitted to participate in the proceeding. If you believe that these provisions apply to you or a Council Member, please inform the City Clerk at the earliest possible opportunity. Failure to do so may affect the City’s ability to process your application.

CALL TO ORDER

ROLL CALL

PLEDGE OF ALLEGIANCE
PUBLIC HEARING:

The City Council will hold a public hearing on the following matter:

City Council Special Meeting Agenda
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1. Consideration of an appeal of the Planning Commission’s decision to approve Project 23-2221-DP/CDP/ARB, 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 consisting of a 24-unit, 31,026 square foot apartment complex built around and atop a ground-level 22,198 square foot concrete parking podium, and a 4,044 square foot two-story commercial building fronting Carpinteria Avenue, under the provisions of the Commercial Planned Development (“CPD”) and Planned Residential Development (“PRD-13”) Zone Districts; and approval of an Exemption pursuant to §15332 of the California Environmental Quality Act (“CEQA”) Guidelines. The project is located at 4745 Carpinteria Avenue and is identified as Assessor’s Parcel No. 003-251-021.

Recommendation: Adopt the attached Resolution with Findings for Approval of Project 23-2221-DP/CDP/ARB, thereby approving the project; and accept a categorical exemption pursuant to §15332 of the CEQA Guidelines. a. Ex Parte Disclosures
b. Staff Report
c. Public Hearing
d. City Council Determination

PUBLIC COMMENT WILL BE HEARD CONCERNING ONLY THE AGENDIZED ITEM

FOR THIS SPECIAL MEETING

ADJOURNMENT
The next regular City Council meeting will be held April 8, 2024 at 5:30 p.m.

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

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

This agenda was posted on Wednesday, March 20, 2024, in the City Clerk's Office, on the City Hall Public Notices Board, and on the Internet.

City of Carpinteria
Cour,rcr- Aceruoe Srnrr Reponr
March 26,2024

ITEM FOR COUNCIL CONSIDERATION
Consideration of an appeal of the Planning Commission's decision to approve Project 23-2221-DPICDP/ARB, for a Development Plan and Coastal Development Permit to allow redevelopment of the property aL4745 Carpinteria Avenue (currently occupied by Sun Coast Rentals) into a new three-story mixed-use (commercial / residential) development consisting of a 24-unit,31 ,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 fronting Carpinteria Avenue, under the provisions of the Commercial Planned Development ("CPD") and Planned Residential Development ("PRD-13") Zone Districts; and approval of an Exemption pursuant to S15332 of the California Environmental Quality Act ("CEQA") Guidelines. The project is located at4745 Carpinteria Avenue and is identified as Assessor's Parcel No. 003-251- 021.

STAFF RECOMMENDATION
Adopt the attached Resolution with Findings for Approval of Project23-2221- DP/CDP/ARB, thereby approving the project; and accept a categorical exemption pursuant to $15332 of the CEQA Guidelines.

Sample Motion: I move that the City Council adopt Resolution No. 6295 and the attached Findings for Approval of Project23-2221-DP/CDP/ARB, thereby approving the project; and accepting a categorical exemption pursuant to $15332 of the CEQA Guidelines.

BACKGROUND
Proposed Proiect Description
The requested Development Plan and Coastal Development Permit would 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 mixed-use development would be comprised of a 24-unit 31,026 square foot apartment complex built around and atop a ground-level 22,198 4745 Carpinteria Avenue Mixed Use project
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square foot concrete parking podium, and a 4,044 square foot two-story commercial building fronting Carpinteria Avenue. All existing site improvements woutO 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 located toward the center of the project would be approximately 35 feet, seven inches from finished grade.

The 24-unit apartment complex would be comprised of 4 one-bedroom units, 16 twobedroom units, and 4 two-bedroom "townhouse" units facing Ninth Street. The 4 onebedroom units would range in size from g96 - 1,163 squarefeet; the 16 two-bedroom
units would range in size from 1 ,122 - 1 ,310 square feet; and the 4 two-bedroom "townhome" units would range in size from 1 ,472 - 1,496 square feet. The four "townhouse" units and one of the one-bedroom units (Unit 5) would be two-story units fronting on Ninth Street. Of the remaining units, Units 6 through 15 would be second floor flats and Units 16 through 24 would be third floor flats. The "townhouse" units would be provided with either a ground floor covered porch (Unit 1 and Unit 4) or both ground floor covered porch and private second floor deck (Units 2, 3 and S). All 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 upper-level commercial space of 2,741square feet. The commercial square footage is proposed to be divided into (up to) five tenant suites, with a single ground floor space and the remaining four spaces on the second floor. The ground floor commercial space would feature 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 elemenis of thL project, and would rely upon a mix of "standard" and "compact" spaces. The applicant is - requesting approval of a Development Plan Modification to allow eight of the total parking spaces provided onsite to be designated "compact" spaces ( 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 area would be provided from a "primary" driveway on Carpinteria Avenue and a "secondary" driveway entrance from Ninth Street, at the rear of the project site. Room for an additional six parallel spaces would be provided in the Ninth Street right-of-way for 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 of the property within the required 50-foot setback buffer from the adjacent Franklin Creek channel. The buffer area would feature bioretention swales that can doubly serve as part of the restored protective creek buffer and stormwater treatment for the proposed development. A meandering walking path would lead through the buffer, connecting Ninth Street and Carpinteria Avenue. Spaces for ornamentil landscaping also would be G:\cc staff Reports\2024 0326\Finat\cc sR Ktentner Mixed Use (Finat).docx 4745 Carpinteria Avenue Mixed Use Project
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provided along the project'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 of the third level, and on a "green roof' space above the ground floor commercial space's covered patio.

The project utilizes the state's Density Bonus Law (Gov. Code, SS 65915-65918) ("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 General Plan and zoning designation in exchange for designating a certain number of the apartment units as deed restricted for households meeting certain income levels and at certain affordable rents. Specifically, the project calls for setting aside three units for households that fall within the low-income level (up to 80% of the area median income ("AMl'1t; in exchange for a density bonus of six additional units. These additional granted units and the lowincome restricted units are included in the project figures described above. The three low-income restricted units are proposed as one-bedroom units (Units 5, 6 and 1 1).

Pursuant to Density Bonus Law, the project requests the use of concessions or incentives, and/or waivers or reductions of development standards from the local jurisdiction's development standards to facilitate the construction of the project and/or to accommodate the increased density. Specifically, 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 reduction of development standards: 1.) Allow for increased building height beyond the 30-foot maximum allowed by the City (i.e., up to 35 feet, 7 inches); and 2.) Allow for building lot coverage in excess of the 50% maximum limit for the Planned Residential Development ("PRD-13") zoned portion of the property (i.e., 69% coverage for this portion of the property).

A copy of the proposed plans for the project are included as Exhibit 2 to Attachment A of this report and incorporated herein by reference.

Proiect Historu and Previous Reviews
ln December 2022, the project applicant presented an initial concept for a commercial / residential mixed-use development for consideration by the City Council, Planning Commission and Architectural Review Board ("ARB"). The conceptual proposal elicited mixed reactions from City decision-makers, with most acknowledging that the site was an appropriate location for a mixed-use infill project, but many sharing concerns about the overall intensity of the contemplated development and neighborhood compatibility. 1 For context, the California Department of Housing and Community Development ('HCD') annually revise and publish the income limits for each category. ln 2023, the lower income threshold for a oneperson household is $82,950 peryear. (See HCD, 2023 State lncome Limits, p. 11 (Jun. 6,2023) https://www.hcd.ca.qov/sites/defaulVfiles/docs/orants-and-funding/income-limits-2023.pdf.) For 2023, the rent for a designated lower income unit cannot exceed 30% of the lower income limit, or $2,072 per month.

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ln April 2023, a formal Development Plan and Coastal Development Permit application was submitted for the subject mixed-use development proposal. While similar in concept to the December 2022joint conceptual review proposal, a handful of key revisions were made to the project design including changes to the mix of one- and twobedroom units, a reduction of commercial square footage, and a reorganization of the project massing.

Over the course of an additional conceptual review and two preliminary review meetings with the ARB, the project was further revised and refined in an effort to respond to ARB and public comments, primarily related to building massing and articulation, street facades, and neighborhood compatibility. Some of the more significant changes included efforts to break up the project's massing, multiple height reductionslo the Ninth Street fagade (reducing overall height by -1-foot), and enhancing the entry elements of the Carpinteria Avenue frontage.

Ultimately, the ARB recommended preliminary approval at their October 26, 2023 meeting on a 3-1 vote (Boardmember O'Connor opposed; Boardmember Johnson absent). As part of their adopted motion, the Board included comments recommending the applicant continue to try to scale down the mass of the Ninth Street fagade. The Board also wished to express their concern to the Planning Commission about the size, scale, and bulk of future projects seeking to leverage similar state housing laws.

A more detailed accounting of joint-conceptual review meeting and the ARB's three meetings is provided as part of the Background discussion of the attached February 5, 2024 Planning Commission staff report (nttacnment e). Copies of the adopted Action Minutes from each of the ARB meetings are included as attachments to the Planning Commission staff report.

Planninq Commission Review
The Carpinteria Planning Commission considered the 4745 Carpinteria Avenue Mixed Use Project (Project 23-2221-DPICDP/ARB) at their February 5, 2024 meeting.

Generally, the Commission was supportive of the proposed project, noting they agreed this was an appropriate site for a mixed-use infill project within the City's downtown area. Commissioners did, however, share some concerns over particular aspects of the project, including privacy and solar shading considerations related to the interior courtyards and walkways; building height and prominence of the third level; and the potential future installation of over-the-air reception devices such as satellite dishes, television or radio antennas exceeding the City's 3O-foot height limit. Commissioners also expressed a desire to see the three dedicated affordable units be subject to a longer affordability covenant, if possible, and raised the need for an onsite manager's unit.

Approximately seven members of the public spoke at the meeting, all of whom raised various concerns over aspects of the project, including its consistency with certain G:\cc staff Reports\2024 0326\Final\cc sR Ktentner Mixed use (Finat).docx 4745 Carpinteria Avenue Mixed Use Project
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General Plan/Coastal Plan policies, overall building height, traffic and parking impacts, how zoning standards are applied to the project, and general neighborhood compatibility.

The Planning Commission ultimately approved the project (vote: 4-0-1, Commissioner Salant abstained) subject to several project revisions and additional conditions, which the project developer voluntarily accepted to gain the Commission's support for the project. The agreed upon project revisions and additional conditions included: 1.) stepping in the west-facing third floor units an additional three feet; 2.) working with the Architectural Review Board (ARB) to address privacy and solar shading of interior courtyard areas and adjacent living areas; 3.) provision of an on-site manager's unit; 4.) extension of the affordability covenant on the three affordable units from the standard 55 years to a 99-year term; 5.) provision of free wi-fi internet service for all residents of the development; and 6.) a prohibition on any roof-mounted satellite dishes or similar appurtenances on portions of the building above 30 feet in height.

The complete staff report presented to the Planning Commission for the proposed project is provided as Attachment B to this report and incorporated herein by reference.

The staff report provides a detailed project description, relevant discussion about the project's setting, a detailed history of the planning review process up to the Planning Commission hearing, a comprehensive analysis of the project's consistency with applicable zoning regulations and General Plan/Coastal Plan policies, a detailed discussion about the project's eligibility for a CEQA categorical exemption, and an estimate of the City Development lmpact Fees that would be due for the proposed project.

A copy of the draft Minutes from the February stn Planning Commission meeting is included as Attachment D. A copy of the Planning Commission Action Letter which memorializes the Commission's final action is provided as Attachment C. Both Attachments C and D are incorporated herein by reference.

Appeal of Plannina Commission Action
At the February 12,2024 City Council meeting, staff reported out the Planning Commission's approval of the project as part of the City Manager's Report section of the agenda. After receiving public comments which raised concerns regarding potential traffic impacts and potential General Plan/Coastal Plan consistency, the Council voted 4-0-1(Councilmember Solarzano recused) to appeal the project to themselves. ln explaining the reasons for voting to appeal the Planning Commission's action, Mayor Clark suggested he shared some of the public commenters' concerns about General Plan/Coastal Plan consistency, and thought it appropriate to have one of the City's first projects to utilize some of the state's incentivized housing laws, be reviewed by the Council in the interest of better understanding how local zoning regulations, state housing laws, and the California CoastalAct all relate and intersect in the context of housing projects. Mayor Clark further commented that while he believes that the City needs more housing and the site is a good location for a housing project, the project G:\CC Staff ReportsV024 0326\Final\CC SR Klentner Mixed Use (Final).docx 4745 Carpinteria Avenue Mixed Use Project
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may require further refinement and offered that an appeal of the project would provide the Council an opportunity to be further educated on how to "harmonize" the City's General Plan/Coastal Plan with State Housing Law for this and future housing projects Councilmember Lee agreed with Mayor Clark and made the motion to appealthe -
project.

A Copy of the approved Minutes from the February 12th City Council meeting is included as Attachment E and incorporated herein by reference.

STANDARD OF REVIEW
Pursuant to Carpinteria Municipal Code (.cMc') S14.78.040 (Appeals to the City Council), consideration of an appeal by the City Council shall not be limited to 1re grounds stated in the appeal. ln other words, the Council may hold a "de novo" hearing, and may consider the entirety of the project and render a decision on the appeal without reference to any previous decisions rendered by the Planning Commission. in taking an action on the project, the Council shall affirm, reverse, or modify the decision of the Planning Commission.

The Council should review the project for consistency with the objectives and policies of the City's General Plan/Coastal Land Use Plan, and the applicable implementation programs (e.9., CMC Title 14, Zoning; and the Creeks Preservation Program). ln light of recent state housing laws that in some cases limit a localjurisdiction's discretion over qualifying projects (discussed in more detail, below), the Council also must harmonize the requirements of state housing law with the California Coastal Act (and its local implementation through the City's Local Coastal Program ("LCP"), with the goal being to implement or comply with both to the maximum extent possible.

Due to the project's location with the CoastalAppeals ('CA") Overlay district, the final local action rendered by the City is subject to appeal to the California Coastal Commission ("CCC"). ln the event the City's final local action is appealed to the CCC, the Commission may dismiss the appeal (finding no substantial issue) or take the appeal up for consideration. lf the CCC takes up the appeal, they would take over decision-making authority for the project and the Commission's final action would supersede that of the City.

DISCUSSION
The discussion sections, below, provide an analysis of the project's consistency with key policy issues based on comments received from the publiC and City Council at the February 12,2024 meeting wherein the Council voted to appeal the approval of the project to themselves. These issues include 1.) State Housing Law;2) the project's relationship to the City's Housing Element; 3.) Neighborhood Compatibility and "Small Beach Town" character; and 4.) Traffic and Circulation. A more completezoning and policy consistency analysis of the project is provided in the attached Planning Commission staff report (see Attachment B).

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Sfafe Housinq Laws
ln response to a statewide housing crisis, the state legislature has taken increasingly aggressive steps in recent years to streamline and incentivize the production of housing, with a particular emphasis on rental housing for workforce and lower-income households. Many of the housing laws passed in recent years seek to limit local jurisdiction's discretion over qualifying housing projects, thereby enhancing certainty for developers and potentially streamlining what can be a lengthy entitlement process in some jurisdictions. ln some cases, these laws also allow for a developer to accommodate more units on a property than a localjurisdiction's zoning or land use regulations would othenrvise allow. Often, the Legislature ties the benefits offered to residential developers to requiring certain concessions, such as setting aside a share of units for deed-restricted lower-income households and/or requiring certain labor targets be met (e.9., prevailing wage, etc.).

Two of these state housing laws, Density Bonus Law, and the Housing Accountability Act, are particularly relevant to the proposed project and are discussed in more detail below to provide context about the design of the proposed project, the scope of the City's discretionary review, and the interplay between these laws and the CoastalAct.

Densitv Bonus Law
The proposed project seeks to utilize state's Density Bonus Law to provide more apartment units onsite than the City's General Plan and zoning would othenruise allow for, and to make use of various concessions or incentives and/or waivers or reductions of development standards to allow for deviation from local zoning standards, in exchange for setting aside a specified percentage of the units for targeted affordability rates for a defined period of time. More specifically, the project calls for setting aside

16.670/o of the 18 base units (i.e., three units) for low-income households (up to 80% AMI) at affordable rents for a minimum period of g9 years in exchange for 1 .) a29.0% bonus density (i.e., six additional units, rounded up from 5.22 units), 2.) use of one concession or incentive for exceedance of maximum building height; and 3.) one waiver or reduction of development standards for exceedance of PRD zone district maximum lot coverage. The project also seeks to utilize the automatically-granted reduced residential parking ratios allowed for under Density Bonus Law.

Density Bonus Law requires that a localjurisdiction grant a density bonus at an amount commensurate with the percentage of base units set aside for the targeted income category, and as prescribed in the law. Further, Density Bonus Law requires that a qualifying application be granted a specified number of concessions or incentives to reduce local development standards based on the percentage of units set aside for the targeted income category. Density Bonus Law also allows applicants making use of its provisions to request additional waivers or reductions from local zoning standards, as needed, to help facilitate construction of the project and production of affordable G:\CC Staff Reports\2024 0326\Final\CC SR Klentner Mixed Use (Final).docx 4745 Carpinteria Avenue Mixed Use Project
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housing. ln addition, Density Bonus Law specifies vehicle parking ratios based on the number of bedrooms in each unit.

Calculating Density Bonus. Density Bonus Law stipulates that the base density upon which the calculations are made is to be based on the maximum allowed density under the General Plan, which in the case of the subject property is a maximum of 20 dwelling units per acre for the CPD District.2 Accordingly, a maximum density of 20 dwelling units per acre for the 0.87-acre site would allow for up to 18 units. The required number of income-restricted units that would need to be provided to comply with Density Bonus Law is then calculated as a percentage of this base density.3 Here, the applicant proposes to provide 16.670/o of the base units, or three units, as affordable to lowincome households in exchange for a density bonus of 29 percent. This density bonus allows the applicant to construct 6 additional units (5.22 units rounded up) on the property for a total of 24 units.a
lncentives or Concessions. As a project setting aside at least 1Oo/o of the base units for low-income rental units, the proposed project would be eligible for use of one concession or incentive.s Density Bonus Law provides that the City "shall grant the concession or incentive requested by the applicant" unless the City can make certain written findings, based on substantial evidence (which are discussed further below).6 As such, the project seeks to utilize the granted concession for: exceeding the maximum allowed building height. With respect to the requested exceedance of the City's maximum allowed building height, the proposed project would exceed the City's maximum allowed height limit of 30 feet by approximately six feet, reaching a maximum height of 35 feet, seven inches at the upper roof ridge of the third-level apartment units. lmportantly, the two-story commercial portions of the building along the Carpinteria Avenue frontage would remain below the City's 30-foot height limit at approximately 2b feet 5 inches and 26 feet 11 inches, respectively. Likewise, the two-story elements along the project's Ninth Street frontage would also be kept below the 3O-foot height limit at approximately 27 feet, 4 inches for the apartment unit located above the Ninth street garage entrance (Unit 6), and 26 feet for the "townhouse" units.

Waivers or Reductions of Development Standards. Additionally, Density Bonus Law allows the applicant of a project which provides affordable units to request a waiver or reduction of any development standard that would "physically preclude" construction of the project, if not approved.T As such, the applicant is requesting a waiver to exceed the PRD zone district maximum lot coverage allowance. The requested exceedance of the PRD zone district's maximum allowed building coverage limit would apply (only) to the portion of the project located in the PRD-13 zone district (i.e., the property's southeast corner). The PRD zone allows for a maximum lot coverage of 50%; whereas the 2 Gov. Code, $ 65915(o)(6).
3 See Gov. Code, $ 65915(bX1), (fX1).
a Gov. Code, $ 65915(0(1).
5 See Gov. Code, g 65915(d).
6 Gov. Code, $ 65915(d).
7 Gov. Code, $ 65915(e).

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contemplated proposal calls for a lot coverage figure of approximately 69% of the PRDzoned portion of the property. As such, the proposed project effectively requests a 19o/o reduction in the lot coverage development standard.

Discretion to Deny Requested lncentives/Concessions and/or Waivers or Reductions of Development Standards. Density Bonus Law provides that for qualifying projects, concessions/incentives or waivers must be granted unless the localjurisdiction makes a written finding, based upon substantial evidence.s For a concession/incentive, the potential findings include that: 1.) the concession/incentive does not result in identifiable and actual cost reductions to provide for affordable housing costs or for rents for the targeted affordable units; 2,) the concession/incentive would have a specific, adverse impact upon public health and safety, or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low-income and moderate-income households; or 3.) the concession/incentive would be contrary to state or federal law. For waivers or reductions in development standards, the potentialfindings include: findings 2.) or 3.) above. The local agency also must produce the substantial evidence to support these findings.e
Granting of the requested concession/incentive to exceed the maximum building height, and waiver or reduction in development standards to exceed the maximum PRD zone lot coverage, would help to facilitate construction of the additional units granted under Density Bonus Law, which in turn help to reduce costs on construction of affordable units. Staff has not identified a specific adverse effect to public health or safety, or to a registered landmark, that would result from the increased height and lot coverage.

Likewise, the granting of the requested concession/incentive and waiver or reduction in development standards would not be contrary to any state or federal law for the reasons discussed below and in the Planning Commission staff report (Attachment B).

Parkinq Ratios. Density Bonus Law also automatically grants qualifying projects reduced residential parking rates. Specifically, Density Bonus projects are only required to provide residential parking at a maximum rate of one space per one-bedroom unit, and one and one-half spaces per two-bedroom unit, inclusive of required parking for visitors and persons with a disability.l0 Using these automatically granted reduced residential parking rates, the project as a whole, would be required to provide a minimum of 51 parking spaces.

As proposed, the project provides a total of 53 parking spaces and therefore exceeds the minimum number of spaces required by Density Bonus Law. However, if the applicant desired to utilize some or all of the project's commercial space for a restaurant 8 See Gov. Code, $ 65915(d), (e) (emphasis added).
s Gov. Code, $ 65915(dX4) , (e)', Bankers Hill 150 v. Cfty of San Diego (2022) 74 Cal.App.Sth 755, 770m 774, review denied (May 1 1,2022).
10 See Gov. Code, $ 65915(p).

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or a similar higher intensity use, additional parking beyond the calculated minimums may be required. The project also may be eligible for coverage under another recentlyadopted state law, AB 2097, which precludes a local agency from requiring or imposing a minimum number of parking spaces for qualifying projects located within one-half-miie of certain types of public transit. Accordingly, any additional parking required for a particular type of commercial use potentially could be waived through the application of AB 2097 or reduced under other applicable local or state laws, if the subject property is found to be eligible under these laws.11
Further, and as previously discussed, Density Bonus Law allows for an applicant to request additional waivers or reductions to development standards that would othenrvise have the effect of physically precluding the construction of a density bonus-qualifying project. While no such additional waivers or reductions have been requested at this -
time, such waivers or reductions could theoretically be requested for additional relief from, for example, the City's setbacks and/or parking requirements. For example, the project could request a waiver or reduction in development standards rather than a modification for the City's compact space requirements.

Coastal Act Harmonization Density Bonus Law provides that it does not supersede or in any way alter or lessen the effect or application of the California Coastal Act ("Coastal Act"), and that any density bonus, concessions, waivers or reductions of development standards and parking ratios to which the applicant is entitled under Density Bonus Law shall be permitted in a manner that is consistent with both Density Bonus Law and the Coastal Act.12 Density Bonus Law also acknowledges that the granting of a density bonus and incentive or concession further does not require a local coastal plan amendment to allow coastaljurisdictions to implement Density Bonus Law without the need to process a LCP amendment.l3
The CoastalAct also acknowledges the importance and need for state laws that promote affordable housing. Public Resources Code S 30007 states "Nothing in [the CoastalActl shall exempt local governments from meeting the requirements of state and federal law with respect to providing low- and moderate-income housing, replacement housing, relocation benefits, or any other obligation related to housing imposed by existing law or any law hereafter enacted." The CCC also has the obligation to "encourage housing opportunities for persons of low and moderate income."la The Subsequent guidance from the CCC has indicated that efforts should be made by local jurisdictions to "harmonize" the requirements of applicable state housing laws and the Coastal Act. Therefore, consideration must be given as to whether any aspects of the proposed project would potentially create significant conflicts with or contradict Coastal Act priority land uses (e.9., visitor-serving commercial) or coastal resources (e.g., tt AnY proposed commercial use which requires additional parking under the CMC would still require review and approval of a Development Plan Revision and CDP, regardless of the application of AB 2OgZ or other laws.
12 Gov. Code, g 65915(m).
13 Gov. Code, $ 65915(0(5), (J)(1).
1a Pub. Res. Code, S 30604(f).

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environmentally sensitive habitat areas ("EHSA"), creeks, public coastal access, coastal views, etc.), and if so, how those conflicts might be mitigated or resolved in a manner that appropriately harmonizes both laws (e.9., through the protection of coastal resources without reducing the density of a qualifying housing project absent certain conditions).15
As a mixed-use project located in the urbanized core of the City, and which incorporates much needed rental housing, along with the provision for future visitor-serving commercial uses incorporated into the project, and with careful siting of the project in compliance with the Franklin Creek buffer, staff believes that the proper balancing or "harmonization" of Density Bonus Law and protection of coastal resources, has been achieved through the design review and planning process.l6 The project also does not seek to maximize all potential benefits available to it under Density Bonus Law, which could raise additional consistency issues with the CoastalAct. The Planning Commission staff report (Attachment B) and specific issue area discussion below provides additional details on staff's consistency analysis.

Housing Accountabilitv Act
The Housing Accountability Act ("HA4") (Gov. Code, S 65589.5) also establishes limitations on a city's ability to deny, reduce the density of or make infeasible qualifying housing projects that are consistent with objective, local standards and contribute toward meeting housing needs.

The HAA applies to "housing development project[s]", which include developments with residential units only, mixed use projects with at least two-thirds of the square footage designated for residential use, or transitional or supportive housing.tt Here, the HAA applies to the project because it is a mixed-use development with more than two-thirds of square footage dedicated to residential uses (i.e., 85.8% residential square footage and 14.2o/o commercial square footage).

Under the HAA, a local agency may require an applicant to comply with objective, quantifiable, written development standards, conditions, and policies that are consistent with meeting the local agency's regional housing needs.18 The HAA defines "objective" as a standard one involving "no personal or subjective judgment" and that is "uniformly 15 See Gov. Code, $$ 65915(m), 65589.5(e), (j).
16 See, e.9., Pub. Res. Code, S 30007.5 ("The Legislature further finds and recognizes thal conflicts may occur between one or more policies of the division. The Legislature therefore declares that in carrying out the provisions of this division such conflicts be resolved in a manner which on balance is the most protective of significant coastal resources. ln this context, the Legislature declares that broader policies which, for example, serve to concentrate development in close proximity to urban and employment centers may be more protective, overall, than specific wildlife habitat and other similar resource policies." (Emphasis added.)).
17 Gov. Code, S 65589.5(h)(2). Projects that do not meet these criteria do not receive benefits under the HAA.
18 Gov. Code, S 65589.5(0(1) (emphasis added). See discussion below regarding the project's relationship to the City's Housing Element.

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verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant and the public official."le ln addition, if substantial evidence shows that a reasonable person would find a project consistent with an objective standard, then the project is deemed consistent.2o The HAA also requires the City to notify an applicant within a certain period of time (in this case, 30 days) if the project is consistent, compliant and in conformity with applicable plan, program, policy, ordinance, standard, requirement or other similar provision of the City's General Plan and Zoning Code.21 Othenruise, the project is deemed consistent, compliant and in conformity with applicable, objective itandards.22 lmportantly, the grant of a density bonus, incentive, concession, waiver or reduction of development standards under Density Bonus Law is not grounds for finding the housing developme-nt project inconsistent, not in compliance or not in conformity with applicable standards.23
Here, staff has not identified any inconsistency, noncompliance or nonconformity with lPPlicable and objective City standards that have not othenrvise been modified by Density Bonus Law or potentially eliminated due to other housing laws.

1. The housing development project would have a "specific, adverse impact" upon the public health or safety unless the housing development project is disapproved or approved at a lower density; and

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below, staff has not identified aspects off the project that may constitute a specific, adverse impact on public health and safety that cannot be mitigated.

With respect to subjective standards, the HAA does not bar local agencies from imposing conditions of approval provided that those conditions do not require the project to be developed at a lower density, unless the local agency makes findings described above.28 For example, in California Renters Legal Advocacy & Education Fund v. City of San Mateo, the Court stated that a city could impose appropriate conditions of approval to mitigate any effects that the height differential may have on the surrounding neighborhood under the city's design guidelines so long as those conditions do not reduce the density of the project.2e
The HAA also requires the City to make specified findings to deny or condition a qualifying affordable housing project (i.e.,20o/o of the total units sold or rented to lowerincome households; or 100% of the units sold or rented to moderate- or middle-income households).3o Because the project does not propose either 2oo/o of the total units for lower income households or 100% of the units for moderate income households, these findings requirements do not apply to the City Council's consideration of the project.

The HAA applies to qualifying housings projects within the City, however, the HAA does not relieve the City from complying with the CoastalAct.3l Currently, the law and courts have provided limited direction as to how a coastal city should proceed when a project qualifies for protection under the HAA, but is inconsistent with the Coastal Act or a local agency's certified local coastal program. However, case law generally supports "harmonization" of two statutory schemes - like the HAA and Coastal Act - in a manner that gives etfect, when possible, to all the provisions of both schemes.32 Harmonization of the HAA and Coastal Act likely means that the City should endeavor to make the appropriate findings, discussed above, to deny or condition a project at a lesser density when a project conforms with applicable, objective CoastalAct and City certified LCP policies. The City likely still has some discretion to deny or condition a housing development project at a lesser density based on significant impacts to coastal resources based on subjective CoastalAct and City certified LCP policies (e.9., impacts to ESHA or creeks). However, these situations likely arise infrequently, especially given the CoastalAct's broader policies to "concentrate development in close proximity to urban and employment centers may be more protective, overall, than specific wildlife 28 California Renfers LegalAdvocacy & Education Fund v. City of San Mateo (2021) 68 Cal.App.sth 820, 846 ("CaRLA").
2s ld.
30 Gov. Code, S 65589.5(d).
31 Gov. Code $ 65589.5(e).
32 See Linovitz Capo Shores LLC v. California Coastal Com. (2021) 65 Cal.App.sth 1106, 1117 ("[Wlhere two statutory schemes are involved, we must, where reasonably possible, harmonize statutes, reconcile seeming inconsistencies in them, and construe them to give force and effect to all of their provisions. ...

Accordingly, they must be read together and so construed as to give effect, when possible, to allthe provisions thereof." (internal quotations and citations omitted).) G:\CC Staff ReportsV024 0326\Final\CC SR Klentner Mixed Use (Final).docx 4745 Carpinteria Avenue Mixed Use Project
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habitat and other similar resource policies."3g Lastly, it is important to note that the City may still apply subjective standards to a housing development project under the HAA provided that those standards do not result in denial of the project or condition it at a lower density absent making the aforementioned findings above.

Based on staffs careful analysis of the proposed project and its consistency with both applicable land use and resource protection policies of the Coastal Act (and by extension, the City's LCP) and the HAA, staff believes the desired "harmonization" of both state laws has been achieved. More d
provided below and in the Planning Commi
Project Relationship to Housinq Element
etails on the consistency analyses are
ssion staff report in Attachment B
ln January 2024, the City re-adopted its2O23-2031 Housing Element. The Housing Element outlines how the City will meet its Regional Housing Needs Assessment ("RHNA') allocation for the planning period, by income category, to meet the City's groMh projections and address existing housing capacity issues as it relates to affordability, overcrowding and/or availability of housing. The City's RHNA for the 2O2g2031 planning period requires the City to plan for a total of 901 housing units, broken down by income category, as shown in the top row (RHNA 2023-2031) of the table below excerpted from the City's adopted Housing Element:

Table ll-{
Land lnventory Summary
Source: Citv of Caminteria.2023
The Housing Element must maintain an adequate supply of sites to accommodate the RHNA (Housing Element Program Category 1), across a mix of housing needs. This is accomplished by demonstrating available capacity under existing zoning and land use regulations and/or pursuing necessary zoning or land use regulation amendments (e.g., rezones) to create additional capacity. ln Housing Element Program 1, the City commits to rezone sufficient sites at 20 to 25 units per acre to meet its lower income housing obligation, and to review residential development standards, including but not limited to the City's 30-foot height limit, to ensure that allowable densities can be achieved. The 33 Pub. Res. Code, S 30007.5; see also Pub. Res. Code, S 30007 RHNA 2023-2031 286 132 135 348 901
lQgqpleted, Approved & Pending Proiects (Table B-3) 3 259 262 Net Remaining RHNA 415 135 89 639
Vacant Sites (Table 84) 10 5 15
Underutilized Sites with R Overlay ffable B-5) 56 47 103 Other Underutilized Sites (Table 8-6) 153 153 306
ADUs 84 8 48 140
Surplus (Shortfall) (275\ 83 117 fl5)
ry Low i tow
lncome C
Mod
Total Above
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City must also assist in the development of adequate housing to specifically meet the needs of lower-income households (Housing Element Program Category 2). ldentified Housing Element policies to support this Program include promoting infill development and mixed-use development in the City's downtown areas, and providing for a range of unit sizes (i.e., bedrooms) to meet the various needs of household types. Part of the City's identified strategy for implementing Program 2 involves updating and implementing its local Density Bonus regulations are periodically updated by state law.

As it relates to the City's current RHNA and Housing Element, the subject project site was identified as an existing pending project in the City's Housing Element, and is reflected in the second row (completed, approved and pending projects) in the above table. Through the use of Density Bonus Law, the contemplated project would provide six more dwelling units on this property than would othennrise be accommodated under the City's standard zoning and density. As a result, the proposed project would be providing the three low-income units and 21 of the above-moderate income units counted in the above table. Therefore, if the City Council, and/or Coastal Commission on appeal, denies the project or the applicant chooses not to move fonruard, the City would need to remove three low-income and 21 above-moderate income units from the above table when planning for meeting its RHNA obligations. lmportantly, the project is designed exclusively as a rental apartment project rather than privately owned condominiums, and consistent with many of the recently re-adopted Housing Element programs and policies, the proposed mixed-use infill development in the City's downtown core includes a mix of one- and two-bedroom rental housing units that may better meet the needs of the City's local workforce population.

Further, the applicant proposes to utilize Density Bonus Law provisions to: 1.) set aside three of the units for long-term (i.e., 99 years) affordability for low-income households; and 2.) allow for the provision of additional dwelling units through a higher residential density than the City's zoning regulations would othenruise allow for (equivalent to -28 dwelling units/acre). Accordingly, this project represents an opportunity to achieve a high-density infill project in the City's downtown that would provide additional, and important, workforce housing, including three dedicated low-income units.

Neighborhood Compatibilitv and "Small Beach Town" character At the time of the City Council's appeal of the project, several public comments were made suggesting that the proposed project is inconsistent with General PlanlCoastal Land Use Plan policies related to neighborhood compatibility and protection of views, among others. The following summary provides a high-level explanation and analysis of how staff arrived at its policy consistency conclusions presented in the Planning Commission staff report. The Planning Commission staff report contains a detailed analysis of staffs policy consistency findings (see Attachment B, pages 23 through 37).

When considering neighborhood compatibility and character, staff evaluates the proposed project's relationship not only to immediate adjoining development, but also its G:\CC Staff Reports\2024 0326\Final\CC SR Klentner Mixed Use (Final).docx 4745 Carpinteria Avenue Mixed Use Project
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context within the larger neighborhood or subarea district. ln the case of the proposed project, the neighborhood is defined as the greater downtown area of the City. ln light of some of the limitations placed on localjurisdiction's discretion related to the reviewand approval of qualifying housing projects by state housing laws, staff's policy consistency analysis also takes into account the need to harmonize these laws with the intentions of the City's certified LCP.

The City's community design objectives and policies encourage the gradual but careful transformation of Carpinteria Avenue into an integrated downtown street similar in character to Linden Avenue. These policies also call for enhancing commercial opportunities in the downtown to the benefit of both residents and visitors. The proposed mixed-use development can be found to be consistent with the intent of these objectives and policies. The project has been designed to include a mix of uses that are desired in the downtown (e.9., additional visitor-serving commercial space and workforce rental housing) with a frontage design that is appropriate to a downtown pedestrian-oriented setting (with wide sidewalks, large open storefronts, outdoor patio areas, and onsite parking mostly located away from the primary street fagade). A twostory fagade has been provided along the Carpinteria Avenue frontage in an effort to preserve the (mostly) one- and two-story character of the downtown. The provision of new commercial opportunities and rentalworkforce housing also helps to enhance the economic vitality of the City's downtown, providing not only additional commercial tenant spaces, but also 24 new units whose occupants provide additional year-round residents that can help support other local businesses and services.

The front building setback along Carpinteria Avenue for the commercial portion of the project would generally align with other commercial buildings on the street, built up to the sidewalk or allowing for a wider sidewalk to be installed. The residential portion of the building and covered parking garage below would be set back into the lot to both reinforce the "primary" commercial use of the site and to help soften the visibility and scale of the centrally-located three-story building mass. The commercial component has been designed to open onto Carpinteria Avenue and features large storefronts facing the street or overlooking the sidewalk, and a ground floor-level covered patio fronting on the sidewalk. These features are consistent with the desired frontage treatments for new development in the city's downtown core.

Along the Ninth Street frontage, the building's mass, scale and height have been restudied over several iterations in response to previous decision-maker comments.

The massing of the Ninth Street frontage for the "townhouse" element has been brought down to two-stories in height (26 feet maximum) and features five units oriented to the street with either a ground floor covered porch (Unit 1 and Unit 4) or both a ground floor covered porch and private second floor deck. lndividual units on the Ninth Street frontage have been slightly staggered and offset from one another, which allows for the introduction of varied exterior finishes/colors and helps to give each unit its own identity and scale. The entry to the parking garage is given a different architectural treatment to help further break up massing and provide it with a different identity from the attached residential units.

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With respect to mountain views, the Coastal Act and the City's community design and open space, recreation and conservation policies afford strong protections of public views to the mountains and the ocean (emphasis added). The project site is situated with its primary frontage along Carpinteria Avenue and a secondary frontage on Ninth Street. Public ocean views are not available from this location and thus would not be impacted by redevelopment of the site. Existing public mountain views from Carpinteria Avenue would not be impacted by the project given its location on the south side of the road. Public views from Ninth Street towards the mountains are compromised by existing tall hedges and trees along the Ninth Street property frontage. Construction of any new structure more than one-story in height would further constrain these view corridors, such that the difference in public mountain view impacts between the proposed project and a lower height alternative design is negligible. The establishment of the required SO-foot setback from the Franklin Creek channel along the west side of the project site would, however, provide an opportunity to preserve and perhaps enhance a public mountain view corridor from near the terminus of Ninth Street and from the Ninth Street pedestrian bridge.

With respect to building height, the proposed project would exceed the City's 3O-foot height limit by approximately five and seven inches, reaching a maximum height of 35 feet, seven inches at the upper roof ridge of the third-level apartment units, using its automatically-granted one concession from local development standards pursuant to state Density Bonus Law. lmportantly, the two-story commercial portion of the building along the Carpinteria Avenue frontage would remain below the City's 30-foot height limit at approximately 25 feet 5 inches and 26 feet 11 inches, respectively. Likewise, the twostory elements along the project's Ninth Street frontage would also be kept below the 3O-foot height limit at approximately 27 feet, 4 inches for the apartment unit located above the Ninth Street garage entrance (Unit 6), and 26 feet for the "townhouse" units.

The third story element of the project is located towards the interior of the lot, such that the nearest portion of the project to reach the maximum building height of 35 feet seven inches is set back more than 50 feet from the Carpinteria Avenue property line and more than 65 feet from the Ninth Street property line,
Other examples of development within the City that exceed the 30-foot height limit are present in the downtown, and in some cases include three-story elements that are arguably equally or more visually prominent than what is proposed for the subject project. Specific examples include the Lavender Court mixed-use development (4646 Carpinteria Avenue) at approximately 32 feet, the main building of the Best Western Hotel (4558 Carpinteria Avenue) at approximately 32 feet (with architectural elements up to 55 feet in height), and the building at 890 Linden Avenue at approximately 34 feet in height.

Concerns have been raised by public commenters and some decision-makers about the potential precedential nature of the proposed project. While staff acknowledges that the proposed project is one of the first to seek to utilize some of newer state housing laws and the benefits or protections afforded by them, reliance on state housing laws in and G:\CC Staff Reports\2024 0326\Final\CC SR Klentner Mixed Use (Final).docx 4745 Carpinteria Avenue Mixed Use Project
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of itself does not establish a precedent for any future housing projects in the City. As discussed above, these housing laws are available to any qualifying housing project.

Nonetheless, the City must continue to evaluate each project on its own meiits for consistency with applicable zoning and land use regulations. Likewise, the "harmonization" or balancing exercise required of housing projects located within the coastal zone must be undertaken for each project on a case-by-case basis. As such, a decision on the outcome of the subject project does not establish a precedent that subsequent projects could reliably seek to benefit from.

Given the tension between the City's existing General Plan/Coastal Land Use Plan policies, which were rightfully enacted to preserve the City's unique "small beach town" character and to protect coastal resources, and the more recent actions by the state to aggressively promote the development of housing and limit local control, staff believes that the proper balancing or "harmonization" has been achieved. Put another way, the City cannot ignore state housing laws in deference to the existing subjective General Plan/Coastal Land Use Plan policies when reviewing a housing development project.

However, the City must also ensure that all relevant General Plan/Coastal Land Use Plan policies are closely adhered to when not in direct conflict with state housing laws.

Staff believes that the appropriate balance has been achieved with the proposed project.

Traffic and Circulation
Concerns have been raised by public commenters alleging that the proposed project would pose significant safety or traffic impacts to the surrounding area and adjoining development. Staff has carefully studied and reviewed these concerns and concluded that the project would not result in a significant safety or level of service impact related to traffic or circulation.

A project-specific 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, and also looked at more traditional metrics for measuring impacts to roadway capacities and intersection operations such as average daily trip (184) and peak hour trip (11 AM/20 pM) estimates. The study was provided to the City's contract traffic engineering consultant for peer-review, and the City's consultant confirmed the study was adequite and agreed with its conclusions that the project would not result in an adverse impact to traffic circulation.

It is important to note that a "significant impact" as defined by the California Environmental Quality Act ("CEQA") and the City's environmental thresholds does not lnean that a project cannot result in an increase in traffic within the City. The CEQA Guidelines identify VMT as the most appropriate metric to evaluate a project's transportation impacts, primarily as a toolto reduce greenhouse gas emissions. This contrasts with the previously common methodology of analyzing a project's traffic impact related to Level of Service ("LOS") or intersection operability. VMT measures G:\cc staff Reports\2024 0326\Final\cc sR Ktentner Mixed Use (Finat).docx 4745 Carpinteria Avenue Mixed Use Project
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how much actual vehicle travel a proposed project would create on local roadways, whereas LOS measures the traffic congestion levels on those roadways.

Beyond the impacts related to greenhouse gas emissions, increases in VMT also impact human health and the natural environment. Human health is impacted as increases in vehicle travel leads to more vehicle crashes, poorer air quality, and increases in chronic diseases associated with reduced physical activity. lncreases in vehicle travel negatively affects the natural environment because increased VMT leads to construction of new and/or expanded roadways which consumes energy, water, and open space. This increase in impermeable surfaces raises the flood risk and pollutant transport into local watenrvays. For these reasons, mixed use projects within the City's downtown commercial core, and within immediate or close proximity to alternative transportation infrastructure, are desirable because residents of the project would be centrally located near employment, businesses, and services, which reduces reliance on automobiles for short trips and errands. Such projects also increase activity and vitality in the downtown district.

Separate from the notion of a "significant" traffic impact, commenters raised concerns regarding the traffic safety of the project. Concerns with respect to the placement of the Carpinteria Avenue driveway entrance were raised by members of the public during both the ARB and Planning Commission deliberations, and at the February 12,2024 City Council meeting. Specifically, concerns about the speed of traffic on Carpinteria Avenue, the curve in Carpinteria Avenue to the west of the project site impairing line of sight, and the proximity of the proposed building to both the Carpinteria Avenue roadway and the adjacent property's driveway immediately east of the project site were raised throughout the project review.

While the issue of traffic speed is not easily solved (especially for vehicles exceeding the posted speed limit), the issue of the safety of the driveway's location can be addressed through the use of an extended red curb on either side of the Carpinteria Avenue driveway at the appropriate length to ameliorate line-of-site traffic safety concerns. This type of review is routinely conducted at the building and engineering permit plan check stage by Public Works engineering staff. However, in response to concerns raised at the at the February 12,2024 City Council meeting, CDD staff has conferred with Public Works staff and requested a detailed review of the project plans, with specific emphasis on the review of the proposed driveway off of Carpinteria Avenue and any related safety concerns. Public Works staff indicated that with the implementation of a six-foot red curb on each side of the proposed Carpinteria Avenue driveway, the project would meet the City's engineering standards and would be safe from a traffic engineering design perspective.

It is also important to note that, despite previous statements suggesting that the proposed building's proximity to Carpinteria Avenue would negatively impair the immediate easterly neighbor's (4749 Carpinteria Avenue) line of sight exiting their driveway, the proposed project appears to instead be an improvement over the existing site conditions. ln the existing condition, a tall dense hedge has been established at the G:\CC Staff Reports\2024 0326\Final\CC SR Klentner Mixed Use (Final).docx 4745 Carpinteria Avenue Mixed Use Project
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back of sidewalk, within the City right-of-way, along the entire project frontage and that comes right up to the shared property line with the easterly neighbor. ln proposed project, however, would remove this hedge in its entirety. The new mixed-use building would instead be set back a minimum of five feet from the Carpinteria Avenue property line, with the portion of the building located closest to the easterly neighbor being set back 12 feet or more from the front property line. The proposed project is comparably set back from the Carpinteria Avenue property line as the established building at474g Carpinteria Avenue, which is also set back five to 10 feet from the front property line.

Staff has not determined that the traffic and circulation impacts raised by public commenters constitute a specific, adverse impact on public health and safety under the HAA. Further, for the reasons explained above, staff believes that potential public health and safety impacts related to traffic and circulation can be mitigate through conditions. ln light of the foregoing analysis provided in this staff report, and as presented in the staff report and Notice of Exemption prepared for the Planning Commission hearing of February 5, 2024 (see Attachment B, Section lV and Attachment F), herein incorporated by reference, and as further reflected in the Findings for Approval included as Attachment A. Exhibit 1 to this staff report, staff believes that the project can be found consistent with applicable City General Plan/Coastal Land Use Plan and Zoning Code/Local Coastal Plan standards. Therefore, staff is recommending that the Council affirm the Planning commission's decision to approve the project.

LEGAL AND SK MANAGEMENT IDERATIONS
As noted above, the project is located within the CA Overlay district, therefore the final local action rendered by the City is subject to appeal to the CCC. ln the event the City's final local action is appealed to the CCC, the CCC may dismiss the appeal (finding no substantial issue) or take the appeal up for consideration. lf the CCC takes up the appeal, they would take over decision-making authority for the project and the CCC's final action would supersede that of the City Council.
ln the event that the CCC finds there is no substantial issue and the City Council's decision constitutes final action on the project, the City could face a legal challenge from the applicant or a third party.
lf the City Council denies the project, the applicant or a third party could make claims that the City Council's decision violates the HAA, Density Bonus Law or other state housing laws. The City would incur legal costs to defend the lawsuit. lf the applicant or third party succeeds in their lawsuit, the court may require the City to pay the applicant or third party's attorney's fees.3a ln addition, if the City does not comply with court orders requiring compliance with the HAA, the court may impose fines of up to $10,000 per unit or, in particularly egregious cases, $50,000 per unit.3s 3a Gov. Code, $ 65589.s(kx1)(AXii)
35 Gov. Code, $ 65589.5(kX1XB).

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lf instead the City Council approves the project, an aggrieved party may file a lawsuit challenging the City's approval of the project based on violations of state housing law, the CoastalAct, or other claims. The City would incur legal costs to defend the lawsuit. lf the aggrieved party succeeds in their lawsuit, however, recent amendments to the HAA suggest that the court should give "due weight" to the policies of the HAA when it determines whether to grant a party challenging a housing development project its attorney's fees.36 Although this provision is untested in court, it may make a court less likely to award attorney's fees to housing project opponents.

OPTIONS
The Council can:

Make the required Findings for Approval of the project, thereby approving the project; and accepting a categorical exemption pursuant to $15332 of the CEQA Guidelines (staff's recommendation) ; or
Deny the project, thereby reversing the Planning Commission's decision, and direct staff to revise the Findings and return to a future hearing; or Request that the applicant modify the project and approve the project with conditions; and accepting a categorical exemption pursuant to $1 5332 of the CEQA Guidelines.

PRINCIPAL PARTIES EXPECTED AT MEETING
Justin Klentner, owner
Edward DeVicente, project architect
Michael Stroh, project architect
Neighbors
lnterested Parties

ATTACHMENTS
Atfachment A -
o
o
a
Attachment B -
Attachment C -
Atfachment D -
Attachment E -
Attachment F -
Resolution No. 6295
Exhibit 1 - Findings for Approval
Exhibit 2 - Proposed Plans
Exhibit 3 - Conditions of Approval
Staff report packet prepared for the February 5,2024 Planning Commission Meeting and all attachments
Planning Commission Action Letter dated February 6,2024 Minutes from February 5, 2024 Planning Commission Hearing Minutes from February 12,2024 City Council Meeting
CEQA Notice of Exemption
36 Gov. Code, $ 65589.5(p)(1)
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Staff contact: Brian Banks, Principal Planner
(805) 7 55-441 4, brian. ban [email protected]
Reviewed by: Nick Bobroff, Community Development Director (805) 7 55-4404, n [email protected]
Reviewed by: Michael Ramirez, City Manager
(805) 7 55-4450, m [email protected]
Signature
Signa
G:\CC Staff Reports\2024 0326\Finat\CC SR Ktentner Mixed Use (Finat).docx Attachment A
Resolution 6295
47 4s c a rpint.;iiilir#,X#l"H Deverop m en t
March 26,2024
RESOLUTION NO. 6295

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GARPINTERIA, APPROVING A REQUEST BY EDWARD DeVICENTE, DMHA ARCHITECTURE, ON

BEHALF OF JUSTIN KLENTNER, OWNER, FOR A DEVELOPMENT PLAN AND GoASTAL DEVELOPMENT PERMTT (PROJECT 23-2221- DP/CDP/ARB) FOR THE 4745 CARPINTERIA AVENUE MIXED USE DEVELOPMENT PROJECT LOCATED AT 4745 CARP|NTERIA AVENUE (APN 003-25{ -0211.

WHEREAS, Edward DeVicente, Architect, on behalf of Justin Klentner, filed an application on April 14,2023, to allow redevelopment of the property at4745 Carpinteria Avenue (currently occupied by Sun Coast Rentals) into a new three-story mixed-use (commercial / residential) development consisting of a24-unit, 31,026 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 fronting Carpinteria Avenue; and
WHEREAS, the application was subsequently deemed complete and accepted by the City of Carpinteria ("City") as being consistent with the applicable submittal requirements on November 28,2023; and
WHEREAS, a similar mixed-use proposalwas previously reviewed at a conceptual level during a joint meeting of the City Council-Planning CommissionArchitectural Review Board ("ARB") on December 19, 2022 wherein feedback was provided to the applicant; and
WHEREAS, the ARB considered the proposed project at a conceptual review level at their May 25, 2023 meeting, and at a preliminary review at their August 31,2023 and October 26,2023 meetings, culminating in an ARB recommendation for preliminary approval with comments; and
WHEREAS, applicant is applying provisions of the state's Density Bonus Law (Gov. Code SS 65915-65918) ("Density Bonus Law") to allow for the inclusion of additional dwelling units which exceed the City's maximum density under the current general plan and zoning designations in exchange for designating three of the units as low-income-restricted rentals; and
WHEREAS, applicant is requesting concessions or incentives and/or waivers or reduction of development standards under the provisions of Density Bonus Law to allow the project building height and lot coverage to exceed the City's maximum height and lot coverage under the current general plan and zoning designation to facilitate the construction of the project; and
Resolution No. 6295
Page2
WHEREAS, applicant is requesting use of the specified parking ratios under provisions of Density Bonus Law to allow the project to provide'53 totil parking spaces for the onsite commercial and residential uses, including visitor spaces; and WHEREAS, the Planning Commission conducted a noticed public hearing and received evidence regarding the application for the Development pian and Coasial Development Permit; and
WHEREAS, the Planning Commission considered a request for a modification of the zoning district requirements for allowance of fifteen percent (5o/o) of the project parking spaces to be of compact size as specified in chapter 14.54; and WHEREAS, on February 5,2024 the Planning Commission made the required !ndlnOs_1n! approye! the Development Plan and Coastal Development permit for Project 23-2221-DPICDP/ARB ; and
WHEREAS, on February 12,2024 the City Council acted to appeal the planning Commission's decision, raising issues including traffic, General planiioastal plan consistency, and the applicability of State housing laws, about which it would like to receive further information; and
WHEREAS, the City Public Works Department has reviewed the project plans and has recommended conditions of approval to ensure the proposed pioject would meet all required traffic design and engineering standards; and .

WHEREAS, the City Public Works Department has reviewed the project traffic study, General Plan/Coastal Plan policies and the Zoning Code standards that are relevant to the project; and
WHEREAS, the City Council has conducted a noticed public hearing on March 26,2024 and received evidence regarding the application for ihe Development plan and Coastal Development Permit; and
WHEREAS, the City Council finds that the project is categorically exempt from the California Environmental Quality Act ("CEQA") under CEQA-Guidelines Section 1 5332 (in-fill development projects).

NOW, THEREFORE, BE tT RESOLVED as follows:

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

SECTION 2. The Carpinteria City Council herby resolves that the Development Plan and Coastal Development Permit are approved, making the findings for approval outlined in Exhibit 1, and subject to the Conditions of Approval provided in Exhibit 3, both of which are incorporated herein by reference.

ABSENT:

ABSTAIN:

Resolution No. 6295

Page 3 ends

SECTION 3. The Carpinteria City Council hereby accepts the Notice of Exemption prepared for the project, attached hereto as Attachment F and incorporated herein by reference, as having satisfied the requirements of CEQA.

PASSED, APPROVED AND ADOPTED on this 26th day of March, 2024, by the following vote:

AYES: coUNcTLMEMBER(S):
coUNcTLMEMBER(S):
coUNcTLMEMBER(S):
coUNcTLMEMBER(S):

NOES
Mayor, City of Carpinteria
ATTEST:

Brian C. Barrett, CMC, CPMC
City Clerk, City of Carpinteria
I hereby certify that the foregoing resolution was adopted at a special meeting of the City Council of the City of Carpinteria held on March 26,2024.

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

Jena Shoaf Acos, on behalf of Brownstein
Hyatt Farber Schreck, LLP acting as
City Attorney of the City of Carpinteria
Attachment A
Exhibit 1:

Findings for Approval
47 45 Carpinteria Avenue Mixed Use Development
23-222I.DP/CDP/ARB
March 26,2024
Resolution No.6295

Page 4 ends

RESOLUTION NO.6295

FINDINGS
P ROJ ECT 23 -2221-D P/C DP/ARB
4745 Carpinteria Avenue Mixed Use Project

FINDINGS PURSUANT TO GOVERNMENT CODE, LOCAL COASTAL PLAN, GENERAL PLAN, AND TITLE 14 OF THE CARPINTERIA MUNICIPAL CODE

1.0 AdministrativeFindings
The City Council hereby incorporates by reference as though set forth in full all Community Development Department staff reports and attachments thereto presented to the City Council, Planning Commission, and Architectural Review Board and all comments made or received either orally or in writing at the public hearings on this project.

1.1 Procedures
Pursuant to the California Coastal Act, the Administrative Regulations of the California Coastal Commission and the City's Local Coastal Program, it has been found that the process for public review of the subject Development Plan and Local Coastal Development Permit has been properly conducted as follows:

An application for a Development Plan and Coastal Development Permit was submitted on April 14, 2023, and deemed complete and accepted by the city as being consistent with the applicable submittal requirements on November 28, 2023. Said application and all related material have been available for public review at City offices since the date of submittal.
b. The application has been evaluated and found to conform to the applicable zone district and to be consistent with the applicable City's Local Coastal Program Land Use Plan, the lnterpretive Guidelines of the Coastal Commission and the California Coastal Act.

The project has been reviewed by the City's Architectural Review Board at duly noticed public meetings which included, but is not limited to, mailed notice to all property owners within 300 feet and occupants within 100 feet of the subject property.
d. The project has been reviewed by the City's Planning Commission at a duly noticed public hearing which included, but is not limited to, mailed notice to all property owners within 300 feet and all occupants within 100 feet of the subject property and publication in the local newspaper, the coastalView News. a
c
Resolution No.6295

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e. The project has been reviewed by the City Council at a duly noticed public hearing that included, but is not limited to, mailed notice to all property owners within 300 feet of the subject property, residents within 100 feet of the property, and publication in the local newspaper, the CoastalView News.

1.2 California Environmental Quality Act
As presented in the staff report and Notice of Exemption prepared for the Planning Commission hearing of February 5,2024, and herein incorporated by reference, the City Council finds that the project is categorically exempt from the California Environmental Quality Act pursuant to Section 15332 (ln-fill Development Projects) of the Guidelines for the lmplementation of the California Environmental Quality Act as the project includes redevelopment of a project site substantially surrounded by urban uses and that meets all of the statutory criteria required for use of the ln-fill Development Projects exemption.

1.3 Development Plan Findings
Pursuant to Carpinteria Municipal Code 514.68.030(9), the Planning Commission or City Council shall determine that all of the following criteria have been met prior to approving or approving with conditions a Development Plan:

1. The proposed development is in conformance with the provisions of the applicable zoning district, LocalCoastal Plan and implementation programs, and General Plan.

The project is also consistent with the City's applicable Zoning designations and development standards. The project site is split-zoned with the majority of the property zoned Commercial Planned Development ("CPD"), and remaining portion zoned Planned Residential Development ("PRD-13"). The CPDD zone designation allows for commercial development including a variety of office, Resolution No.6295

Page 6 ends

2 retail, service, and wholesale businesses, as well as residential development with "dwelling units integrated into the overall commercial development" (i.e,, mixeduse 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 PRDzoned 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 Visitorserving 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 prolect 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 gg years in exchange for a 29.0o/o bonus density (i.e., six additional units). The project also proposes use of one 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 compactsized spaces, however, by satisfying the required number of parking spaces (as modified under the provisions of Density Bonus Law), and satisfying 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. The project further may othenruise qualify for parking reductions under other provisions of state housing law.

The proposed developmentis s/fed and designed to avoid risks fo life and propetty due to geologic, flood, or fire hazards and that the proposed density of developmenf is consistent with fhese objectives.

As presented in the staff report prepared for the City Council hearing of March 26, 2024 and the staff report prepared for the Planning Commission hearing of Resolution No.6295

Page 7 ends

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 recommendations for foundation design and construction techniques. These recommendations and techniques, along with the application of current building and seismic codes as part of the building permit review process, would ensure that the proposed 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 hazards. Finally, the site is not located within a mapped high fire severity area and with the application of current building and fire codes as part 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 fish or wildlife or their habitat.

As presented in the staff report prepared for the City Council hearing of March 26, 2024 and 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 cause substantial environmental damage. The project site is currently developed with a commercial equipment and tool rental business with the entirety of the site disturbed and devoid of any sensitive habitat. The western portion of the 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 channel 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 SO-foot setback from the adjacent Franklin Creek channel. This creek setback "buffer" area is required to 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 project incorporates vegetated bioswales that would be used to capture, treat and retain stormwater runoff from the project site, and other Low lmpact Development ("LlD") measures to treat stormwater and protect the adjacent creek from untreated runoff. Furthermore, the project incorporates tree protection measures to ensure that the offsite native sycamore trees west of the project site along the creek corridor are protected during construction of the project. Lastly, standard construction phase conditions of approval are included to ensure temporary impacts related to dust, erosion/sedimentation, spillsiwater quality, air quality/emissions, and noise would be avoided or minimized.

Resolution No.6295

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4. The proposed development will not conflict with any recorded easemenfs 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 affect the property, nor are public easements required to effectuate project approval.

5. The proposed development witt not adversely affect necessary community seruices and values including but not limited to traffic circulation, sewage disposal, fire protection, water supply, and police protection.

As presented in the staff report prepared for the City Council hearing of March 26,2024 and 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 project-specific 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 peerreview, 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. Additionally, City Public Works staff have reviewed the project plans and confirmed that with the implementation of a six-foot red curb on each side of the proposed Carpinteria Avenue driveway, the project would meet the City's engineering standards and would be safe from a traffic engineering design perspective.

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, Carpinteria Sanitary District 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, propefty values, or general welfare of the neighborhood.

Page 9 ends

project will not be detrimental to the peace, health, safety, comfort, convenience, property values, or general welfare of the 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. ln 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.

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 alternative transportation.

The proposed development 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 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 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.

Cumulatively, this new square footage would provide expanded opportunities for new visitor-serving commercial development to be introduced at the west end of Resolution No. 6295

Page 10 ends

the downtown 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 alternative transportation infrastructure. Carpinteria Avenue is improved with class ll bicycle 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 S14.50.120, 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 determined that such modification is necessary to accommodate an innovative project which will result in at least one of the following public benefits:

1. Energy efficient heating/cooling; or

2. Provision of affordable 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 presented in the staff report prepared for the City Council hearing of March 26,2024 and 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 (-15o/o) as compact spaces and therefore sought approval of a Modification to development standards as to the design (size) of the parking spaces. As currently 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 prolect may also qualify 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.

Resolution No. 6295

Page 1 ends

1.5 Goastal Development Permit Finding
Pursuant to the California 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 presented in the staff report prepared for the City Council hearing of March 26,2024 and the staff report prepared for the Planning Commission hearing of February 5,2024, and herein incorporated by reference, the proposed mixed-use project is in conformity with the applicable provisions of 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 VisitorServing 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 office, retail, seryice, 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 15o/o of the provided onsite parking to utilize compact-size spaces.

Resolution No. 6295

Page 12 ends

An analysis of the project's conformity with the Objectives and Policies of the City's certified Local Coastal Program is presented in the staff report prepared for the City Council hearing of March 26,2024 and the staff report prepared for the Planning commission hearing of February 5,2024, and herein incorporated by reference. As discussed in these staff reports, the project 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 Facilities; and Housing Elements of the city's Generar Plan/Coastal Land Use Plan. Therefore, this finding can be made.

Attachment A
Exhibit 2:

Reduced Plan Set
47 45 Carpinteria Avenue Mixed Use Development

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March 26,2024
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Attachment A
Exhibit 3:

Recommended Conditions of Approval
47 45 Carpinteria Avenue Mixed Use Development

23.222I.DP/CDP/ARB
March 26,2024
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CITY COUNCIL HEARING
PROJE CT 23 -222I -DP/CDP/ARB
4745 CARPTNTERTA AVE (ApN 003-2s1-021)
MARCH 26,2024
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 therbof. All the termso covenants, conditions and restrictions herein imposed shall be binding upon and inure to the benefit of the owner (applicant, developer), his or her heirs, administratois, 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 bLligations 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 March 26,2024) 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 PIan and Coastal Development Permit to sllow redevelopment of the property at 4745 Carpinteria Avenue (cuwently 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 ground-level 22,./98 squarefoot concrete parking podium, and a 4,044 square foot two-story commercial building fronting Carpinteria Avenue. All existing site improvements would be removed tofacilitate the proposed development. Cumulative square footage for the proposed project would total approximately 64,053 square feet.

Moximum 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, l6 twobedroom units, and 4 two-bedroom "townhouse" units facing Ninth Street. The 4 onebedroom units would ronge in size from 996 - I ,163 square feet; the t 6 two-bedroom units would range in size from 1,122 - 1,310 square feet; and the 4 nuo-bedroom "townhome" units would range in size from I ,472 - 1,486 square feet. The four "townhouse " units and one of the one-bedroom units (Unit 5) would be two-story units fronting on Ninth Street.

Conditions of Approval; Resolution No. 6295
4745 Carpinteria Ave Mixed-Use Project, March26,2024
Page I
Of the remaining units, Units 6 through l5 would be secondfloorflats and Units l6 through 24 would be third floor 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). All other units would be provided with second- or third-level private decles 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 upper-level commercial space of 2,741 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 spoces 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 applicant is requesting approval of a Development Plan Modification to allow eight of the total parking spaces provided onsite to be designated "compact" spaces (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 from Ninth Street, at the rear of the project site. Room for six parallel spaces would be provided in the Ninth Street right-of-way for public on-street parking as part of the required project fr ont age improve me nts.

Open space and landscapingfor the project would be provided along the west side of the property within the required S0-foot setback buffer from the adjacent Franklin Creek chonnel. The buffir 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 Carpinteriq Avenue. Spaces for ornamental landscaping would also be provided along the project'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 Lant (Gov. Code $$ 65915- 65918) ("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 Jigures described above.

Conditions of Approval; Resolution No. 6295
4745 Carpinteria Ave Mixed-Use Project, ll4uch26,2024
Page2
The three low-income restricted units are proposed as one-bedroom units (Jnits 5, 6 and r t).

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 proiect and/or to accommodate the increased density. Specifically, 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; 1.) Allow for increased building height beyond the 30-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 of structures, 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
Ansturucs
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 o'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.

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. 6295
4745 Carpinteria Ave Mixed-Use Project, March 26,2024

Page 3 ends

2 J

4. 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. Interior 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 submitted 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 properties 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 meters, 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 regulations.

No signage is approved under this Development Plan. Applicants shall develop and submit for City review and approval, a comprehensive sign program for the development. 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 submitted to, 6 7
8 9
Conditions of Approval; Resolution No. 6295
4745 Carpinteria Ave Mixed-Use Project, March26,2024

Page 4 ends

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 alltenant signage applications for consistency with the approved sign program.

Brolocy
l0' The applicant shall implement the recommended tree protection measures outlined in the arborist report prepared by Bill Spiewak dated Augu st 10,2023, 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 proj ect 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 beffer 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 minimaltrenching for lighting and irrigation.

Plan Requirements/Timing: This condition shall be printed on all finalbuilding 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 SO-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 50-foot setback area shall be shown on all grading plans. Timing: Protective fencing Conditions of Approval; Resolution No. 6295
4745 Carpinteria Ave Mixed-Use Project, March 26,2024

Page 5 ends

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.

12. 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 shall be directed away from the creek corridor.
c. Only wildlife permeable fencing shall be installed within the creek buffer area.
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 CDD 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.

13. 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 of a native tree shall extend five feet from the tree dripline or l5 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 Quality 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. 6295
4745 Carpinteria Ave Mixed-Use Project, Much26,2024

Page 6 ends

g. Permanent native landscaping shall be provided to developed areas; h. The planting of any landscape plants listed on the California 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) rcil at the top; b. Fences shall be less than 40 inches high; and,
c. Fences shall have a space greater than 14 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:

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;
Security lighting attached to the residence that is controlled by motion detectors and is limited to 60 watts, or the equivalent; The minimum lighting necessary for safe vehicular use of the driveway. The lighting shall be limited to 60 waffs, or the equivalent; A light, not to exceed 60 watts or the equivalent, at the entrance to any non-residential accessory structures; and,
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.
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Conditions of Approval; Resolution No. 6295
4745 Carpinteria Ave Mixed-Use Proiect, March26,2024

Page 7 ends

v
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.

LaNnsclpn

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 inigation plans shall be prepared by a State licensed landscape architect or similar professional as determined appropriate by CDD. b. The landscaping shall be maintained in good condition for the life of the project.

After landscaping has become established at three years and found to be in good condition, the security will be released.
c. Landscaping shall be drought resistant, low water species. d. Where feasible, locally adapted native plants shall be required. e. Prior to Occupancy Clearance, all landscaping and planting shall be installed; and, f. Specimen trees shall be appropriate to the site and shall be maintained in good condition so as to attain a full and healthy mature appearance.

15. The project landscaping outside of the creek buffer area shall consist of drought-tolerant, native and/or Mediterranean type species. Landscaping shall be compatible with the 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 of the project. The applicant shall also submit the final landscape and inigation 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 veriff 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: pRorscr INFORMATION; WATER EFFICIENT LANDSCAPE WORKSHEET; SOIL MANAGEMENT REPORT; LANDSCAPE DESIGN PLAN; IRRIGATIoN DESIGN PLAN; and CRAoNG DESIGN PLAN. The preparation of a Certificate of Completion containing the following elements shall also be prepared by a design professional: cpRrrrtcarroN oF INSTALLATIoN (per the approved plan); FINAL SoILS INFoRMATIoN;IRRIGATIoN SCHEDULING PARAMETERS;MAINTENANCE scHEDULES; and tRzucarroN AUDrr 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 irrigation and maintain required landscaping for the life of the project. Subsequent to installation of the approved Grading, Landscape and Irrigation Plans, the applicant shall submit a Certificate of Completion to CDD for review and approval. The Landscape Documentation Package and Certificate of Completion forms are available at the CDD, and are required to be approved Conditions of Approval; Resolution No. 6295
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by the CDD prior to Occupancy Clearance. Monitoring: CDD shall conduct site visits to ensure installation and maintenance of landscape and irrigation.

CulruRal RrsouRcns

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.
t8 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.

Gnaornc

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 barriers, filter fabric fences, block and gravel filters and excavated inlet sediment traps.

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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 noti$ 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.

20. Drainage shall be consistent with approved drainage plans. Plan Requirements: Prior to issuance of a Grading Permit, a drainage plan shall be submitted to CDD 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 l5 feet of the pipeline, pipe diameters, locations where the pipe(s) would surface in the creek and amount 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.

Gnolocy
2l. 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.) shall be in substantial compliance with the recommendations outlined in the soils report.

The project engineering geologist shall be onsite during excavation, recompaction and foundation preparation work, as applicable. Monitoring: Building Inspector shall review and approve building plans and shall site inspect during construction, prior to occupancy clearance.

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. 6295
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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 src 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.

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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. Alternatively, 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 and/or Sheriff Office deputies shall respond to any filed noise complaints.

Solro Wasrn

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 (1) 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 and/or 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. 6295
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I
27 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.

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. bemolition 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 6lVomandatory 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 andlor 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 issuance, applicant shall designate and provide to CDD the name and phone number of a contact person to monitor trash/waste and organize a clean-up crew. Trash control shall occur throughout all grading and construction activities. Monitoring: CDD shall inspect periodically throughout grading and construction activities.

AIn Quulrv

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 moming and after work is completed for the day. Increased watering frequency shall be required whenever the wind speed exceeds 15 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.

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d. After clearing, grading, earth moving or excavation is completed, treat the disturbed area by 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 activities.

Monitoring: CDD shall ensure measures are on plans. Grading and Building Inspectors shall spot check and ensure compliance onsite. APCD inspectors shall respond to nuisance complaints.

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.

PIan 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 California shall be installed on equipment operating onsite.
h. Diesel powered equipment should be replaced by electric equipment whenever feasible.
i. State law requires that idling of heavy-duty diesel trucks during loading and unloading shall be limited to five minutes; auxiliary power units should be used whenever possible.

Plan Requirements: All requirements shall be shown on grading and building plans.

Timing: Condition shall be adhered to throughout all grading and construction activities.

Monitoring: CDD shall ensure measures are on plans. Grading and Building Inspectors Conditions of Approval; Resolution No. 6295
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shall spot check and ensure compliance onsite. APCD shall respond to complaints, as applicable.

Wlrnn Qult,rrv

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. Plan 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.

Sronm Wlrnn

35. 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 shallbe developed in conjunction with Public Works and CDD. plan 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 submitted by the landowner. Timing: Retention and/or recharge basins shall be installed (landscaped and irrigated 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.

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. 6295
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34 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 ofthe 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.

Urrurrns

36. 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.

Housrxc

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;
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38. 39
40 c. The marketing plan for the affordable units; b' The location, 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 ordinanceo Government code $$ 65915-6591g (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 qualifying tenants, establishing affordable rent, filling vacancies and maintaining the affordable dwelling units for qualified tenants;
b. Provisions requiring owners to annually verify 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.

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 altemative internet service at the tenant's own expense.

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.

None of the dwelling units shall be operated as short-term vacation rentals or otherwise leased for a period ofless than 30 days.

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PlnrrNc
A minimum of 53 parking spaces (45 standard spaces and S "compact" spaces) shall be 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 manner 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 spaces shall be striped and maintained (as needed) and bicycle racks installed prior to Final 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 prior to issuance of a Building Permit. Timing: Program components shall be implemented prior to issuance of a Building Permit. Monitoring: CDD shall site inspect during construction to ensure compliance with all aspects of the Plan.

DEVELOPMENT PLAN CONDITIONS

42. Approval of the Development Plan and Coastal Development Permit shall expire two (2) years after approval by the City Council 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 a time extension.

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43 44
45 48.

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.

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 March 26,2024, 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.

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 10 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
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 oiu nuitOing 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 and/or 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. 6295
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necessary licenses/permits are obtained prior to initiating any of the enumerated ancillary uses.

50. 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 limited 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 bags as outlined in CMC $8.51.

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 City Council. Before any Permits will be issued by the Community Development Department, the applicant must obtain written clearance from all departments having conditions; such clearance shall indicate that the applicant has satisfied all pre-construction conditions. A form for such clearance is available from Community Development.

52. 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 Inspector during the course of construction.

53. 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.

54. 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.

55. 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.

56. 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.

57. 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.

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

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.

All requirements of the City (including but not limited to public improvements as defined in the city Municipal code (cMC), section I 5. 1 6. I I 0) and any other applicable requirements of any law or agency of the State andlor any govemment entity or District shall be met.
59 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 City Council.
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 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 City Council to review this permit. At said hearing, the City Council may add additionaiconditions, or recommend enforcement actions, or revoke the permit entirely, as necessary to ensure compliance with the Municipal Code, and to provide for the health, safety, and general welfare of the City. The applicant shall reimburse the City for all costs associated with gaining compliance with the original conditions of approval.

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

The owner/applicant ("Owner") hereby agrees to defend, indemnify and hold harmless the City, its officers, employees, agents, consultants and independent contractors ("Cityns Agents") from any claim, action or proceeding ("Claims") against the City and the City's Agents to attack, review, set aside, void or annul, in whole or in part, the City's approval of the Development Plan and Coastal Development Permit (the "Project"), or any "ondition
65 66
Conditions of Approval; Resolution No. 6295
4745 Carpinteria Ave Mixed-Use Project, March26,2024
Page2l
affached thereto, or any proceedings, acts or determinations taken, done or made prior to the approval that were part of the approval process. Owner further agrees to indemnifu 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 of approval and that the City's costs shall be reimbursed prior to this approval becoming valid. These commitments of defense and indemnification are material conditions of the approval of the Project. Nothing contained in this condition shall prevent the City or the City's Agents from independently defending any Claim. If the City or the City's Agents decide to independently defend a Claim, the City and the City's Agents shall bear their own attorneys' feeso 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 City Council on March 26,2024

I HAVE READ AND UNDERSTOOD, AND I WILL COMPLY

WITH ALL ABOVE STATED CONDITIONS OF THIS PERMIT
Applicant/Property Owner Date
Conditions of Approval; Resolution No. 6295
4745 Carpinteria Ave Mixed-Use Project, March26,2024
Page22
Attachment B
February 5, 2024 Planning Commission
Staff Report Packet
47 45 Carpinteria Avenue Mixed Use Development

23.222I.DP/CDP/ARB
March 26,2024
AGENDA ITEM #I
PROJECT 23.222I-DP/CDP/ARB
TAFF'
MEETING DATE: February 5, 2024

ITEM FOR CONSIDARATION
4745 carpinteria Avenue Mixed use Development
23-2221-DPICDP/ARB
Request for a Development Plan and Coastal Development Permit to allow redevelopment of the ptop"ry at 4745 Carpinteria Avenue (cunently occupied by Sun Coast Rentals) into a new three-story mixed-use (commercial / residential) development. The pioposed mixed-use development would bL comprised of a 24-unit,3l,026 squaf,e foot apartrnent compiex built around and atop a ground-level 22,198 square foot concrete parking podium, anda4,044 square foot two-story.o*-rrlial building fronting Carpinteria Avenue, All existing site improvements would be removed to facilitate thi p_roposed development. Cumulative square footage for the proposed project would total approximately 64,053 square feet. Maximum building height to the top of tne propor"d three-story element would be lngroximately 35 feet, seven inches; and to accept a categorical eiemption pursuant to $15332 of the California Environmental Quality Act (CEeA)
Report prepared by: Brian Banks, principal planner
Community Development Department

SIGNATURE
Reviewed by: Nick Bobroff, Director
Community Development Department 7z

SIGNATURE
Owner: Justin Klentner
Applicanfi Edward DeVicente
DMHA Architecture
Project Location: 4745 Crpinteria Avenue
APN: 003-251-021
Zoning: Commercial Planned Development
(CPD) / Planned Residential Development
(PRD-13)
General PIan Designation: Visitor-serving
Commercial / General Commercial
4745 Carpinteria Ave Mixed Use Project; 23-2221-DP/CDP/ARB PC Hearing Date: February 5,2024
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L RECOMMENDATION
Adopt the attached ResolutionNo. PC-24-001, thereby approving Project 23-2221-DP/CDP/ARB to demolish all existing structures and to construct a three-story mixed-use (commercial / residential) development comprised of a 24-unit,3l,026 square foot apartment complex built around and atop a ground-levelzz,lg& square foot concrete parking podium, anda4,044 square foot two-story commercial building fronting Carpinteria Avenue; and to accept a categorical exemption pursuant to $15332 of the Califomia Environmental Quality Act ("CEQA").

II. PROPOSED PROJECT DESCRIPTION
Develooment Plan
The requested Development Plan would allow redevelopment of the property at4745 Carpinteria Avenue (cunently occupied by Sun Coast Rentals) into a new three-story mixed-use (commercial / residential) development. The proposed mixed-use development would be comprised of a 24-rnit 3I,026 square foot apartment complex built around and atop a ground-levelZZj98 square foot concrete parking podium, and a 4,044 square foot two-story commercial building fronting 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 inches from finished grade.

The 24-unit apartment complex would be comprised of 4 one-bedroom units, l6 two-bedroom units, and 4 two-bedroom "townhouse" units facing Ninth Street. The 4 one-bedroom units would range in size from 996 - 1,163 square feet; the 16 two-bedroom units would range in size from 1,122 - 1,310 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 units fronting on Ninth Street. Of the remaining units, Units 6 through 15 would be second floor flats and Units 16 through 24 would be third floor flats. The "townhouse" units would be provided with either a ground floor covered porch (Unit I and Unit 4) or both ground floor covered porch and private second floor deck (Units 2,3 and 5). All 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 upper-level commercial space of 2,747 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 remaining four spaces on the second floor. The ground floor commercial space would feature a covered patio area along the Carpinteria Avenue frontage.

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spaces (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 tothe parking area would be provided from a "primary" driveway on Carpinteria Avenue and a "secondary" driveway entrance from Ninth Street, at the rear of the project site. Room for an additionaliix parallel spaces would be provided in the Ninth Street right-of-way for 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 of the property within the required 50-foot setback buffer from the adjacent Franklin Creek channel. The buffer area would feature bioretention swales that can doubly serve as part of the restored protective creek buffer and stormwater treatment for the proposed development. A meandering walking path would lead through the buffer, connecting Ninth Street and Carpinteria Avenue. Spaces foiomamental landscaping also would be provided along the project'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 courlyard spaces on the second and third levlls, in a oorooftop" deck
space in the rear comer of the third level, and on a "green roof' space above the ground floor commercial space's covered patio.

The proposal calls for utilizing the state's Density Bonus Law (Gov. Code, $$ 65915-65918) ("Density Bonus Law") to allow for the inclusion of additional dwelling units beyond what ih" City" maximum density would allow for under the current General Plan and zoning designation in exchange for designating a certain number of the apartment units as deed restricted for households meeting certain income levels and at certain affordable rents. Specifically, the project calls for setting aside three units for households that fall within the low-income level trp 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 in the project figures described above.

The three low-income restricted units are proposed as one-bedroom units (Units 5, 6 and 1 l ).

Pursuant to Density Bonus Law, the proposal requests the use of concessions/incentives and/or waivers or reductions of development standards from the local jurisdiction's development standards to facilitate the construction of the project and./or to accommodate the increased density.

Specifically, 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 reduction of development standards: 1.) A[ow for increased building height beyond the 30-foot maximum allowed by the City (i.e., up to 35 feet,7 inches); and 2-) Allow for building lot coverage in excess of the 50% maximum limit-for the Plarured Residential Development ("PRD-13") zoned portion of the property (i.e.,69Yo coverage for this portion of the property).

Coastal Development Permit
A Coastal Development Permit is required to allow the proposed development as described above.

Proposed plans are included as Attachment A. Exhibit 2. 4745 Carpinteria Ave Mixed Use Project; 23-2221-DPICDP/ARB PC HearingDate: February 5,2024

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III. BACKGROUND
Site Characteristics and Backqround
The 0.87-acre (38,053 square feet) site is located at the westem edge of the City's downtown core on Carpinteria Avenue. The project site is defined as a "through lot" with street frontages along both Carpinteria Avenue (to the front) and Ninth Street (to the rear). The project site is bordered by the Franklin Creek channel along its western boundary. To the east, the project site is adjacent a commercial property (Pacific Auto Body) along the Carpinteria Avenue frontage, and a multi-family apartment complex (4760 Ninth Street) along the Ninth Street frontage. To the north, across Carpinteria Avenue from the subject property sits a pair of smaller multi-family residential developments, and the entrance to the "All Around Inigation" commercial properfy. To the south, across Ninth Street, sits half of the Arbor Trailer Park development and a two-unit apartment development(4751/4755 Ninth Street). The other half of the Arbor Trailer Park is located across Franklin Creek from the subject properly.

Presently, the project site is occupied and used by "Sun Coast Rentals" as an equipment rental business and storage yard. A small 850 square foot cornmercial building and approximately 650 square feet of outbuildings are located near the northeast comer of the property, nearest the driveway entrance on Carpinteria Avenue. The remainder of the site is used for open storage of equipment, machinery, and vehicle parking.

The project site has a mix of land use and zoning designations: The site is split-designated Visitorsewing Commercial ("VC") and General Commercial (*GC") on the Crty's General Plan/Coastal Plan Land Use Map (see Figure 1, below), 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 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.

1. Land Use
The property is also split-zoned: the majority (approximately eighty percent) of the property is zoned Commercial Planned Development ("CPD"), however the southeastern corner of the property along Ninth Street and adjacent a multi-family residential development is zoned Planned Residential Development ("PRD-13") (see Figure 2, above). The property is also subject to the following overlay frEB
nfia
4745 Carpinteria Ave Mixed Use project; 23-2221-DplcDplARB PC Hearing Date; February 5,2024

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districts: l.) Visitor-serving Commercial ("V") Overlay for the portion of the property designated VC on the land use map;2.) Flood Hazafi ("FH") Overlay due to the property's locafion within the 100- year floodplain (zone AE) according to current Federal Emergency Management Agency ('.FEMA") flood insurance rate map ("FIRM") for the area; and 3.) Coasial Appeals ('CA") Overlay due to the property's adjacency to Franklin Creek and its location within the California Coastal Commission's ("CCC") appeals jurisdictional area.

Proiect History and Previous Reviews
Joi\l Cit! Council. Planning Commission, and Archltectural Review Bgard Concepr Review A similar concept proposal for the redevelopment of the subject property into a mixed-use development was reviewed by the Architectural Review Board (iARB"), pbnning Commission ("PC") and City Council (*CC") at a special December 19,2022 joint meeting. T|e original conceptual proposal elicited mixed reactions from City decision-makers. While most of the decisionmakers agreed that the site was appropriately-located for a mixed-use rental development, and appreciated the provision of the large creek buffer, there were several concerns raisld with the mix of rental unit types, the overall height and intensity of development, the amount of parking provided onsite, and the visual and neighborhood compatibility impacts of the proposal atong boih project frontages' Several decision-makers expressed a preferenie for a greaier number of smaller, onebedroom units and encouraged the applicant to explore opportuniiies to frrther reduce overall building height, through lower plate heights and/or furtheisinking the ground-level parking podium into the site.

A copy of the approved Minutes from the December 19'2022joint ARB-PC-CC meeting is included as Attachment B. Exhibit 1. and a copy of the original joint-review conceptual plans is included as Exhibit 2.

Following formal project application submittal in April 2023,the project was presented to the ARB for conceptual review at their May 25,2023 meeting. While the overall project concept was unchanged (i'e., a three-story 24-apafiment unit residential/commercial miied-use development), the project had been changed in several important ways compared to the previous conceptual submittal considered by the ARB, PC and CC back in December 2022. Key changes included:
r Mix of proposed apartment unit types changed from 13 one-bedroom units and I I twobedroom units to 2 one-bedroom units and22 two-bedroom units; o Commercial square footage was reduced from approximately 6,000 square feet to approximately 4,300 square feet;
r Building massing was reorganized to preserue a two-story fagade along both the Carpinteria Avenue and Ninth Street frontages;
o Provision of open space areas for the apartment units was reorganized; providing greater amounts of private open space (decks) located along the outward-facing exterior of the building in lieu of smaller shared or common central courtyard areas; atrd, 4745 Carpnleria Ave Mixed Use Project; 23-2221-DPICDP/ARB PC Hearing Date: February 5,2024

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o Building architecture and materials/finishes were updated to a simpler, more contemporary style, using materials such as wood siding, plaster, large windows and storefronts, and metal roofs.

The formal project submittal did not make any meaningful reductions to overall building height, nor did the project provide a larger share of the desired smaller one-bedroom units. While the revised project did successfully reduce building height and mass of the street-facing building facades; the overall maximum building height remained at approximately 36 feet (i.e., 35 feet, 7 inches). With respect to the mix of unit types, rather than increasing the share of one-bedroom units, the revised project instead hansitioned to provide nearly all two-bedroom units (citing the applicant's concems over marketability and affordability).

Several neighbors from Ninth Street and Carpinteria Avenue spoke at the meeting and/or provided written comments ahead of the meeting. Common themes among public commenters included concerns about how the proposed project would impact the surrounding residential communities, effects on already limited on-street parking in the area; privacy and view considerations; and potential impact to nearby wildlife (e.g., raptors).

The three Boardmembers present appreciated the applicant's efforts to address previous comments provided at the joint ARB-PC-CC meeting and generally acknowledged the changes as headed in the right direction in terms of architecture, massing, and design. The Boardmembers urged the applicant team to continue to consider ways to further soften and animate the architecture to give it a more residential feel and less of a commercial or industrial character. They also encouraged the applicant team to continue working with the neighbors, particularly along Ninth Street to address concerns about frontage improvements, on-street parking, and related soncems, A copy of the approved Minutes from the May 25,2023 conceptual review ARB meeting is included as Attachment C. Exhibit 1. and a copy of the previous conceptual plans is included as Exhibit 2.

P re I iminarv Arc hi tectural Rev iew B oar d Review
In response to the ARB conceptual review comments, the project returned to the ARB for review at the preliminary level on August 37,2023. The version of the project presented at the meeting reflected a refinement of the original concept that was shown to the Board previously on May 25, 2023. Key changes included:
r Re-alignment and re-study of the second and third floor roofs and decks to further animate the side elevations;
r Reduction of the height of the Ninth Street portion of the project by six inches; and, o Further development of the architectural and colors / materials of the different building elements.

Approximately 10 neighbors spoke at the meeting, most of whom are residents of the nearby Arbor Trailer Park. Nearly all of the commenters still felt the project was too large and too intensive for the site, and wonied about impacts to already limited on-street parking in the area, as well as potential 4745 Carpinteria Ave Mixed Use project; 23-zZZl-DplCDplARB PC Hearing Date: February 5,2024

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privacy and view impacts. Approximately five public comment letters were also submitted ahead of the meeting that reflected many of the comments made during the hearing.

Boardmember reactiorts to the project were mixed. Boardmember Stein was strongly opposed to the project in its current form and intensity, and expressed an inability to support the projeci.

Boardmember Blakemore also could not support the project, however stre inaicatid she may be able to support the project if design revisions were incorporated to better fit the neighborhood character.

Boardmembers Johnson and Little were, in general, more receptive to the project, but still felt that it would benefit from further refinement and articulation, and that more needed to be done to introduce more variation in terms of colors, materials, and massing.

A motion for preliminary approval with comments failed on a split 2-Z vote (Johnson and Little in favor; Blakemore and Stein opposed). At the request of the applicant, the moiion was left as a split vote while they considered their options for either retuming to the ARB at a later date for continued preliminary review or proceeding to the Planning Commission without a formal recommendation from the Board.

A copy of the approved Minutes from the August 31't preliminary review ARB meeting is included as Attachment D. Exhibit 1. Photographs of the story poles erected on August 1g,2023 for the ARB meeting are included in Exhibit 2, and a copy of the previous preliminary plans is included as Exhibit

3..

C o nt i nue d P r e I i minar:t A r e hi t e c t ur al Rev i ew B o ar d Rev i ew Following fuilher discussions amongst the project applicant team and City staff, the applicant opted to retum to the ARB for continued preliminary review on October 26,2023,with revilid plans ihat attempted to respond to the Board's comments from the August 3lst meeting. Key changes included:
r The mix of unit types was updated to provide two additional one-bedroom units in exchange of two of the (previous) two-bedroom units for a total of 4 one-bedroom units and 20 twobedroom units; o The square footage of the commercial tenant spaces was slightly adjusted downward to allow for a more prominent entry stair to the second floor on the Carpinteiia Au"n re frontage; o The vehicle gate on the Carpinteria Avenue driveway was recessed farther back into the garage to be less visually prominent and allow more room for vehicle queueing between the gate and public sidewalk;
o On the Ninth Street elevation, each of the townhome units was offset from the neighboring unit by approximately two feet to allow each unit to be clad in different color siding to break up monotony and introduce more of a residential character to the fagade; ' On the side elevations, fuither animation was introduced by slightly varying the offsets between units and using more variety in the layouts and dimensions of the.rrritr' decks; r Subtle roof overhangs were reintroduced; and,
o The layout and location of the proposed onsite bioretention facilities were redesigned to reduce potential impacts to the mature trees on the adjacent flood control property. 4745 Carpinteria Ave Mixed Use Projecr; 23-2221-DPICDP/ARB PC Hearing Date: February 5,2024

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Overall, the changes partially addressed the previous comments from the Board related to introducing additional animation and variety into the architecture, as well as through enhancing the Carpinteria Avenue-facing entry. However, the project changes did not result in any reductions to building height despite a previous suggestion from the Board to consider reducing the third-floor plate heights.

Approximately nine neighbors spoke at the meeting, most of whom resided in the immediate vicinity of the project. Nearly all the commenters still felt the project was too large and too intensive for the site, and worried about impacts to already limited on-street parking in the a.rea, as well as potential privacy and view impacts. Approximately three public comment letters/emails were also submitted ahead of the meeting that reflected many of the public comments made during the hearing.

At the invitation of the Director, City Attorney Mack Carlson presented a brief overview of State Housing laws, including Density Bonus Law and related limits on ARB and staff s discretion when reviewing housing projects. Mr. Carlson highlighted applicable housing laws and context because the project is afforded certain protections under the Housing Accountability Act and Density Bonus Law.

Mr. Carlson related that the ARB has narrow grounds to deny or request modifications/conditions that would result in lesser unit density, but the ARB does still does have latitude to consider the design elements and make recommendations so long as the comments do not seek to condition the project to reduce housing density. Finally, Mr. Carlson answered questions that certain public commenters had related to affordability thresholds and how the affordable rent is calculated and restricted/monitored.

Mr. Carlson and Mr. Bobroff then answered several questions from the ARB members related to the state housing laws and how they are applied to the project.

Boardmember reactions to the revised project continued to be mixed, however, several Boardmembers acknowledged that the most recent project revisions were an improvement.

Boardmember O'Connor complimented the applicant on the changes to the Carpinteria Avenue entrance, the proposed undergrounding of the power lines on the Ninth Street side of the project, and the staggering of the Ninth Street units. However, Boardmember O'Connor expressed that the 50 ft creek buffer should be deducted from the lot size calculation, thereby reducing the density, while also noting that the project is meeting "the letter of the law." Boardmember Little noted that the project revisions on the Ninth Street frontage including the setbacks and offseuing, awnings, and textures were a "huge improvement," although he suggested that if the roof heights could be reduced by even as little as I ft, it could soften the impact of the project. He explained that while he liked the idea to open up the Carpinteria Avenue stairway, the design did not feel very "beachy," and still looked too commercial. Vice Chair Blakemore commented that she agreed with Boardmember Little's comments and she appreciated the project revisions and that the landscaping was very nice, However, she commented that the Carpinteria Avenue frontage could be further softened, and expressed concerns about parking, especially the size and arrangement of the spaces and drive aisles within the parking garage. Chair Stein noted that the project "had come a long way" and noted the location is a good spot for housing, but more one-bedroom units are needed. However, he expressed frustration that what the State Law allows is not realistic for a small City and that neighborhood compatibility and traffic safety along Carpinteria Avenue remained a concern. Chair Stein asked if there was still away to reduce height on the Ninth Street side, but appreciated the colors and how the elevations had been broken up.
4745 Carpnteria Ave Mixed Use Projecr; 23-2221-DplCDplARB PC Hearing Date: February 5,2024

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A motion for preliminary approval with comments failed on a split 2-2 vote (Blakemore and Stein in favor; Little and O'Connor opposed). After the initial motion, the applicant advised that he is willing to continue to refine the architectural design to address the ARB's comments if the project can proceed to the Planning Commission for a decision on the overall project scope and itsconsistency with applicable ordinance regulations and land use policies. A discussion commenced with the applicant Team, the ARB members, the Community Development Director, and City Attomey as to options to revise or propose a new motion. At the request of the applicant, the motion was left as a split vote while they considered their options for either returning to the ARB at a later date for continued preliminary review or proceeding to the Planning Commission without a formal recommendation from the Board. A revised motion was then made to recommend preliminary approval with the ARB's comments, with specific emphasis on scaling-down the mass ofNinth Street frontage and noting the ARB's concems about the size, bulk, and scale of future projects that the Planning Commission should consider. The second motion for preliminary approval with comments passed 3-1 (stein, Blakemore and Little in favor and o'connor opposed).

The plans have been updated to address the Board's comments from that meeting, specifically to lower the overall height of the townhomes fronting Ninth Street approximatety six aaOitionaf inches, resulting in an overall height reduction on the Ninth Street portion of the project of approximately one-foot from the August 31,2023 preliminary ARB meeting plans.

A copy of the approved Minutes from the October 26,2023 continued preliminary review ARB meeting is included as Attachment E^ Exhibit l. and a copy of the previous continued review preliminary plans is included as Exhibit 2.

IV. ENVIRONMENTAL
This project can be found to be categorically exempt from environmental review pursuant to Section 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-fiIl" development provided the project is: a) consistent with the City's GeneraVCoastal Flan and Zoning Code; 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 of the 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.

The proposed mixed-use project is consistent with the City's General Plan/Coastal plan. The project site's General Plan/Coastal Plan Land Use is split-designated as Visitor-Serving Commercial ('VC"i and General Commercial ("GC"), with the VC'designated area occupying approximately one-ihird of the property located along the Carpinteria Avenue frontage and the GC-designated portion of the property located on the remaining southerly two-thirds of the property. The proposed commercial elements of the project would allow for uses such as restaurants or retail buJineis, consistent with the VC designation. The GC General/Coastal Plan designation allows for a broader range of commercial uses, in additional to residential development, as would be typical of a mixed-use pioject. 4745 Carpnteria Ave Mixed Use Project; 23-2221-DPICDP/ARB PC Hearing Date: February 5,2024
Page l0
The project also is consistent with the City's applicable Zoningdesignations and regulations. As previously noted, the project site is split-zoned with the majority of the property zoned Commercial Planned Development ("CPD"), and the remaining portion 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 vertical mixed-use arrangement, which would provide a visitor-serving commercial use on the ground floor facing Carpinteria Avenue, and allow for additional sommercial and residential uses above, would also be consistent with the site's partial Visitor-serving Commercial Overlay designation. 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 as modified by Density Bonus Lawl.

The approximately 0.87-acre project site is currently developed with a commercial equipment and tool rental business and is substantially surrounded by urban uses, and devoid ofany sensitive habitat.

Additionally, consistent with the City's Creeks Preservation Program, the proposed project includes the required 5O-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 potential habitat area. This creek setback "buffer" 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.

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 traffic engineer, was prepared for the project and provided to the City's contract traffic engineering consultant for peer-review. 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. Additionally, an acoustical and construction noise study was prepared by a qualified consultant, which studied project-related impacts to both interior and exterior noise levels. The study concluded that with the incorporation of certain construction materials and techniques, interior noise levels of the project would not result in a significant impact on project residents. Similarly, 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 an on-site "noise disturbance coordinator"), the project would comply with the Crty's General Plan/Coastal Plan Noise Element policies, would not result in noise in excess of the City's environmental thresholdso and would therefore not have a significant exterior noise impact. 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"). Finally, the project complies with the City's stormwater regulations and I Wollmer v. City of Berkeley (2011) 193 Cal.App. th 1329, 1347-1350. 4745 Carpnteria Ave Mixed Use Project; 23-2221-D\/CDP/ARB PC Hearing Date: February 5,2024
Page I I
incorporates Low Impact Development ("LID') measures to treat stormwater, and would incorporate standard construction-phase water quality measures, and thus would not result in significant impacts to water quality.

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 ani iarpinteriaSummerland Fire Protection District, with each indicating an ability to serve the project. Electrical, natural gas, and telecommunication services are all available at the site.

As the project is consistent with the requirements of CEQA Guidelines Section l5331,a CEeA exemption is appropriate. Further, none of the specific or general exceptions to the Class 32 ixemption apply here.

A detailed analysis is provided within the proposed CEQA Notice of Exemption included as Attachment F.

V. ANALYSIS
Carpinteria Municinal Code
The subject property is split-zoned CPD and PRD-13, and is subject to the V, FH and CA overlay districts. Applicable zoningrequirements and allowable uses for each of the districts are discussed below:

The majority of the subject property (30,968 square feet) is zoned CPD. Permissible uses in the CpD zone district (CMC $14.20), subject to approval of a Development Plan and Coastal Development Permit by the Planning Commission, include a variety of office, retail, service, and wholesale businesses, as well as "dwelling units integrated into the overall commercial development,'(i.e., mixed-use developments). The proposed project would place all of the commercial square footage and some of the residential component of the project within the portion of the property zoned CpD.

Accordingly, the contemplated mixed-use (commercial/residential) project could -be
found consistent
with the types of uses permissible in this zone district.

The southeastern corner of the subject properry, totaling approximately 7,085.5 square feet in area, is zoned PRD-I3. Permissible uses in the PRD zone district (CMC 914.14), subject io approval of a Development Plan and Coastal Development Permit by the Planning Commission, include multifamily residential developments (such as apartment complexeJ). The proposed portion of the building within the PRD-I3-zoned comer of the lot would include ground-ievel parting and two levels of residential apartments. Such uses would be consistent with the types oiland uses permissible in this zone district.

The following table describes the proposal's conformance to the applicable CPD zone district (CMC $ 14.20) and PRD-I3 zone district (cMC gl4.l4) development standards. 4745 Carpinteria Ave Mixed Use Project; 23-2221-DPICDP/ARB PC Hearing Date; February 5,2024

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Standard Requirement/Allowance Proposal
CPD Setbacks (min.)-
(cMC 14.20.090)
Front
(Carpinteria Ave)
Side (east)
Side (west)
Rear (Ninth Street)
35 feet from centerline of
streetor5 feetfrom
propefty line, whichever is
greater.
0 feet from property line
50 feet min. from top of
creek bank
35 feet from centerline of
street or 5 feet from
property line, whichever is
greater.
46 feet from centerline of street;
5 feet from property line.
5 feet from property line
50 feet from top ofcreek bank
35 feet from centerline of street;
5 feet from property line.

PRD Setbacks (min.)-
(cMc 14.14.060)
Front (Ninth Street)
Side (east)
Side (west)
Rear
50 feet from centerline of
street or 20 feet from
property line, whichever is
greater
5 feet from property line
5 feet from properly line
15 feet from property line
50 feet from centerline; 20 feet
from properly line
5 feet
N/A
N/A
Distance Between BuildingsPRD (CMC 14.14.070) Min.% sum of building heiehts
N/A
Building CoveragePRD (CMC 14.14.080)
50% max. (1,417 sq.ft.) *69 % (4,847 sq. ft.)**
Building Heighr
cPD (CMC 14.20.100)
PRD (CMC 14.14.090)
30 feet max.
30 feet max.

Project Total:
35 feet. seven inches**
Open Space & LandscapingcPD (CMC 14.20.060)
PRD (CMC 14.14.110)
5% min. to2DYo max. as
established by Planning
Commission (1,548 sq. ft.-
6,194 sq. ft.)
15% (4,705 sq. ft.)
22%(1,560 sq. ft.)
4145 Carpinteria Ave Mixed Use Project; 23-2221-DplCDplARB PC Hearing Date: February 5,2024

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20o/o min. common and/or
public open space (1,417
sq. ft.)
District Density
CPD
PRD-I3
(cMC 14.14.100)
20 dwelling units/acre max.
(14 unitsl*+
13 dwelling units/acre max.
(2 units)**
Proiect Total: l6 units**
Project Total: 24 units**
Parking (CMC 14.54.040)* Commercial: I space per
250 sq. ft. (17 spaces)
Residential: I -bedroom
units (1 covered space ea.)
(4 spaces)
2-bedroom units (2 covered
spaces ea.) (40 spaces)
Visitor spaces (1 per 3
dwelling units) (8 spaces)
Project Total: 69 spaces
Project Total: 53 covered
spaces**
*See zoning discussions, below
**See Density Bonus discussion, below
Different landscape or common open space coverage requirements apply to the portions of the subject property zoned CPD and PRD-I3, respectively. The majority oittre site, which is zoned CPD, has a minimum landscape coverage requirement that can be set between 5,o/o and,20% of the lot area at the discretion of the Planning Commission; whereas the portion of the property zoned pRD-13 has a fixed minimum common open space requirement of 20Yo. As reflected in tnl taUte above, the proposed project would exceed the minimum landscape or common open space requirements for each zone district portion of the site.

When analyzed as an overall project, approximately 16.5Yoof the site (6,265 sq. ft.) would be provided as open space. The required creek 50-foot creek buffer alone constitutes approximately l4.lo/o of the site which would remain as common open space, and the third-level rooRop deck provides another approximately 2.4Yo of open area. Likewise, when analyzedan overall project, approximately 25% of the site (9,436 sq. ft.) would be provided as landsiaped area. In addition to landscaping with the common open space, additional landscape areas are provided along project frontages, on the ground floor commercial patio rooftop, and within the cintral courtyards oithe second and third-level residential areas.

The project calls for utilizing the reduced residential parking requirements stipulated in Density Bonus Law to reduce the overall required number of residential parking rpu""r (discussed in more 4745 Carpinteria Ave Mixed Use Project; 23-2221-DP/CDP/ARB PC Hearing Date: February 5,2024

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detail, below). The project also calls for utilizing a mix of both standard-size and compact-size parking spaces to meet its parking requirement.

The City's Zoning standards do not include standardized provisions for the use of compact-sized spaces, however, there are numerous examples of compact spaces having been allowed for a certain percentage of a development's required onsite spaces (typically up to -30% of total spaces) throughout the City. As reflected on the project plans, the applicant wishes to designate eight of the 53 total spaces (-15%) as compact spaces and therefore requests approval of a Modification to the development standards. While in theory the applicant could request a waiver or reduction under Density Bonus Law to allow the use of compact parking spaces, considering the modest percentage of compact spaces requested and the precedent of the use of compact spaces in other developments within the City, the applicant has chosen to seek a Modification.2 The Carpinteria Municipal Code (CMC) $14.50.120 provides the following provisionto allow modifications to zoning district requirements'. "fn reviewing a development plan, the planning commission or city council may consider modiJication 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 determined that such modification is necessary to accommodate an innovative project which will result in at least one of the following public benefits:

I. Energlt fficient heating/cooling; or

2. Provision of affirdable housing units through 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 previously discussed, the project satisfies the minimum number of parking spaces allowed under the reduced residential parking requirements stipulated in Density Bonus Law without the applicant requesting further concessions/incentives or waivers or reductions in development standards to reduce the number of total spaces potentially fuither. As such, the requested Modification to allow eight of the 53 total spaces (-15%) as compact spaces rather than standard spaces would maximize the number of total spaces available for the project to the extent allowed by law. As currently 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. Given the alternatives allowed by the state Density Bonus Law, the fact that the project may also qualifu for coverage under AB 2097 to eliminate parking entirely3 or other local and state housing laws that 2 As discussed below, Density Bonus Law allows an applicant to request a waiver or reduction in development standards that will have the effect of physically precluding construction of the development at the densities or with the incentives/concessions permitted unless the local agency can make certain findings (e.g., specific adverse impact to public health and safety that cannot be mitigated). (Gov. Code, g 65915(eX1).) 3 Assembly Bill 2097 (AB 2097) is a California law that prohibits public agencies or cities from imposing a minimum automobile parking requirement on most development projects located within a half-mile radius of a major transit stop (the Carpinteria hain station is potentially within a half-mile of the project site). The Coastal Commission further acknowledges that AB 2097 constrains its authority to impose or enforce parking minimums within the coastal zone. The applicant, however, has not sought to apply AB 2097 to this project; thus staff has not performed a complete analysis of its applicability.
4745 Carprnteria Ave Mixed Use Project; Z3-2221-DV/CDP/ARB PC Hearing Date: February 5,2024

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would reduce the amount of onsite parkinga, and because the project provides affordable housing units and innovative design, staff believes that the Planning Commission can make the required Finding #2 as provided in the Municipal Code. Additionally, because the proposed project exceeds the minimum required open space for both the CPD and PRD zoned portions of the project site, staff believes that the Planning Commission can make the required Finding #3 as well.

Zoning Overlay Districts
As previously noted, the project is subject to the Visitor-serving Commercial ("V"), Flood Hazard (*FH") and Coastal Appeals ("CA") Overlay districts. Projects located in overlay districts must comply with additional development standards beyond those required of the base zoning district(s).

The V overlay district applies to the portion of the property designated for Visitor-serving Commercial uses on the City's Land Use Map. This area affects the approximately northerly third of the properly fronting Carpinteria Avenue, and limits the use of this aria for comrnercial development that will serve visitors to the City as well as local residents. Examples of the types of uses permissible in the V overlay include hotels, motels, restaurants, and service and retail commercial uses normally associated with the needs of visitors and which may also serve local residents. The visitor-serving commercial use(s) must function as the primary use of the property, either in terms of square fooiage and/or by being situated and designed such that it both appears and functions as the primary,s. of the parcel from its primary street frontage. Further, in the V overlay, non-visitor-sewing commercial uses are restricted to upper-level floors only. The proposed visitor-serving commercial use(s) are consistent with the requirements of the V overlay, provided (future) commercial tenants are of a visitor-serving nature.

The FH overlay applies to properties designated as being located within a flood hazardarea according to the current Flood Insurance Rate Map ("FIRM") issued from the Federal Emergency Managemeni Agency ("FEMA'). Presently, the subject property is mapped as being located within the 10O-year floodplain (zone AE) according to the curent FIRM for the area. Projects located within the FH overlay must comply with the City's floodplain management requirements (i.e., CMC $ 15.50, Flood Damage Protection). Examples of the types of applicable requirements may include, but not be limited to, placement of habitable or conditioned living space outside of, or above, projected 100-year flood elevations, and designing flood prone areas for periodic flooding (e.g., flood ro.nir, etc.) tn compliance with the City's floodplain management requirements, the applicant's civil engineering consultants prepared a detailed flood study using FEMA and Santa Barbara Flood Control maps, and a site-specific topographic survey, to determine a "Base Flood Elevation" ("BFE") of 16.2 feet in elevation for the project site. As required by FEMA, the City's floodplain management ordinance, and building code requirements, all habitable portions of the project are elevated above the 16.2-foot BFE' Likewise, the ground-level parking podium has been designed to allow for potential periodic flooding using "flood vent" openings at ground level along the side elevations (covered by a landscape lattice).
a For example, the project could seek to rely on conjunctive use parking allowed under Carpinteria Municipal Code Section 1454.060 or a share parking agreement under AB 894 Q023), which allows for shared parking agieements to meet minimum parking requirements under certain conditions. 4745 Carpnteria Ave Mixed Use Project; 23-2221-DPICDPIARB PC Hearing Date: February 5,2024

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The CA overlay applies to properties located within the appeals jurisdiction of the California Coastal Commission ("CCC"). The subject property is located within the CA overlay due to its immediate adjacency to Franklin Creek. Properties located within the CA overlay are subject to special permit procedures, including but not limited to, the ability for the project's final local action (by the Planning Commission or City Council, on appeal) to be appealed to the CCC by an aggrieved party or by the Commission itself. In the event an appeal is taken up by the CCC, the Commission would have the ability to take over permit authority for the project unless a determination of no substantial issue is made.

Densi$t Banus
The proposed project seeks to utilize provisions allowed for under the state's Density Bonus Law to provide more apartment units onsite than the City's zoning would otherwise allow for, and to make use of various concessions or incentives, and/or waivers or reductions of development standards allowed for under Density Bonus Law to allow for deviation from local zoning standards, in exchange for setting aside a specified percentage ofthe units for targeted affordability rates for a defined period of time. More specifically, the proposal calls for setting aside l6.67Yo of the l8 base units (i.e., 3 units) for low-income households (up to 80% AMI) at affordable rents for a minimum period of 55 years in exchange for a29.0o/o bonus density (i.e., six additional units, rounded up from

5.22 units) and use of one concession or incentive for exceedance of maximum building height; and one waiver or reduction of development standards for exceedance of PRD zone district maximum lot coverage. The project also seeks to utilize the automatically-granted reduced residential parking rates for a Density Bonus project.

Density Bonus Law requires that a local jurisdiction grant a density bonus at an amount commensurate with the percentage of base units set aside for the targeted income category, and as prescribed in the law. Further, Density Bonus Law requires that a qualifying application be granted a specified number of concessions or incentives to reduce local development standards based on the percentage of units set aside for the targeted income category. Density Bonus Law also allows applicants making use of its provisions to request additional waivers or reductions from local zoning standards, as needed, to help facilitate construction ofthe project and production ofaffordable housing. in addition, Density Bonus Law specifies vehicle parking ratios based on the number of bedrooms in each unit.

Density Bonus Law stipulates that the base density upon which the calculations are made is to be based on the maximum allowed density under the General Plan, which in the case of the subject property is a maximum of 20 dwelling units per acre. Accordingly, a maximum density of 20 dwelling units per acre for the 0.87-acre site would allow for up to l8 units. The required number of income-restricted units that would need to be provided to comply with Density Bonus Law is then calculated as a'percentage of this base density. Here, the applicant proposes to provide 16.67% of the base units, or three units, as affordable to low-income households in exchange for the corresponding benefits under Density Bonus Law.

As a project setting aside at least 10% of the base units for low-income rental units, the proposed project would be eligible for use of a concession or incentive. As such, the project seeks to utilize the granted concession for: exceeding the maximum allowed building height. Additionally, Density 'l
i
1 4745 Carpinteria Ave Mixed Use project; Z3-2Z2\-DplCDplARB PC Hearing Date: February 5,2024

Page 17 ends

Bonus Law allows the applicant of a project which provides affordable units to request a waiver or reduction of any development standard that would physically preclude construction of the project, if not approved. As such, the applicant is requesting a waiver to exceed the PRD zone districi maximum lot coverage allowance.

With respect to the requested exceedance of the City's maximum allowed building height, the proposed project would exceed the City's maximum allowed height limit of 30 feet Uy approximately six feet, reaching a maximum height of 35 feet, seven inches at tlie upper roof ridge of the third-levei apartment units. Importantly, the two-story commercial portions of the building along the Carpinteria Avenue frontage would remain below the City's 30-foot height limit at approximatety ZS feet S inches and26 feet l1 inches, respectively. Likewise, the two-story elemerrjts along thl project's Ninth Street frontage would also be kept below the 30-foot height limit at approximatety Zl ieei,4 inches for the apartment unit located above the Ninth Street garugeentrance-(-Unit 6), and26feet for the "townhouse" units.

The requested exceedance of the PRD zone district's maximum allowed building coverage limit would apply (only) to the portion of the project located in the PRD-13 zone district (i.e., the property's southeast corner). The PRD zone allows for a maximum lot coverage of 50%; whereas the contemplated proposal calls for a lot coverage figure of approximately 69%o of the pRD-zoned portion of the property.

State Density Bonus Law provides that for qualifying projects, concessions/incentives or waivers must be granted unless the local jurisdiction makes a written finding, based upon substantial evidence. For a concession/incentives, the potential finding includelhat: (1.) ihe concession/incentive does not result in identifiable and actual cost reductions to provide for affordable housing costs or for rents for the targeted units; (2.) the concession/incentive would have a specific, adverse impact upon public health and safety, or on any real property that is listed in the Caliiornia Register of historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low-income and moderate-income households; or (3.) the concession/incentive would be contrary to state or federal law. For waivers or reductions in development standards, the potential findings include: finding (2) or (3.) above. The local agency also must produce the substantial evidence to support these findings.

Granting of the requested concession/incentive to exceed the maximum building height, and waiver or reduction in development standards to exceed the maximum PRD zone lot "&.tug., *ould help to facilitate construction of the additional units granted under Density Bonus Law, which in tum help to reduce costs on construction of affordable units. Staff has not identified a specific adverse effect to public health or safety, or a registered landmark, because of in the increased height and lot coverage; and the granting of the requested concession/incentive and waiver or reduction in development standards would not be contrary to any state or federal law.

Density Bonus Law also automatically grants qualifuing projects reduced residential parking rates.

Specifically, Density Bonus projects are only required to provide residential parking at a ma*imum rate of one space per one-bedroom unit, and one and one-half spaces per two-bedroom unit, inclusive of required parking for visitors and persons with a disability. Uiing these automatically granted 4745 Carpinteria Ave Mixed Use Froject; 23-2221-DP/CDP/ARB PC Hearing Date: February 5,2024

Page 18 ends

reduced residential parking rates, the project as a whole would be required to provide a minimum of 51 parking spaces.

As proposed, the project provides a total of 53 parking spaces and therefore exceeds the minimum number of spaces required by Density Bonus Law. However, if the applicant desired to utilize some or all of the project's commercial space for a restaurant or a similar higher intensity use, additional parking beyond the calculated minimums may be required. In such a scenatio, the applicant could consider use of an additional waiver or reduction (discussed below) under Density Bonus Law to reduce the required amount of commercial parking associated with the project. The project may also be eligible for coverage under another recently-adopted state law, AB 2097, which precludes a local agency from requiring a minimum number of parking spaces for qualiffing projects located within one-half-mile of certain types of public transit. Accordingly, any additional parking required for a particular type of commercial use potentially could be waived through the application of AB 2097 or reduced under other applicable local or state laws, if the subject properly is found to be eligible under these lawss.

Further, and as previously discussed, Density Bonus Law allows for an applicant to request additional waivers or reductions to development standards that would otherwise have the effect of physically precluding the construction of a density bonus-qualifuing project. While no such additional waivers or reductions have been requested at this time, such waivers or reductions could theoretically be requested for additional relief from, for example, the City's setbacks and/or parking requirements.

Finally, Density Bonus Law provides that it does not supersede or in any way alter or lessen the effect or application of the California Coastal Act (Coastal Act), and that any density bonus, concessions, waivers or reductions of development standards and parking ratios to which the applicant is entitled under Density Bonus Law must be permitted in a manner that is consistent with both Density Bonus Law and the Coastal Act. Subsequent guidance from the California Coastal Commission has indicated that efforts should be made by local jurisdictions to "harmonize" the requirements of applicable state housing laws and the Coastal Act. Therefore, consideration must be given as to whether any aspects of the proposed project would potentially conflict with or contradict Coastal Act priority land uses (e.g., visitor-serving commercial) or coastal resources (e.g., ESHA, creeks, public coastal access, coastal views, etc.), and if so, how those conflicts might be mitigated or resolved in a manner that appropriately harmonizes both laws (e.g., through the protection of coastal resources without reducing the density of a project absent certain conditions).6 As a mixed-use project located in the urbanized core of the city, and which incorporates much needed rental housing, along with the provision for future visitor-serving commercial uses incorporated into the project, and with careful siting of the project in compliance with the Franklin Creek buffer, staff believes that the proper balancing or "harmonization" of Density Bonus Law and protection of coastal resoutces, has been achieved through the design review and planning process. 5 Any proposed commercial use which requires additional parking under the CMC would still require review and approval of a Development Plan Revision and CDP, regardless of the application of AB 2097 or other laws. 6 See, Gov. Code, gg 65915(m), 65589.5(e), (l).
4745 Carpnteria Ave Mixed Use Projecr; 23-2221-DH/CDP/ARB PC Hearing Date; February 5,2024
Page I 9
Housinq Accountability Act
The Housing Accotrntability Act ("HAA') (Gov. Code, $ 65589.5) establishes limitations on a city's ability to deny, reduce the density of or make infeasible qualifiring housing projects that are consistent with local standards and contribute toward meeting housing needs. -
The HAA applies to "housing development project[s]", which include development with resid6ntial units only, mixed use projects with at least two-thirds of the square footage designated for residential use, or transitional or supportive housing. (Gov. Code, $ 65589.5(h)(2).) Here, the HAA applies to the project because it is a mixed use development with more than twb-thirds of square fooiug" dedicated to residential uses (i.e., 85.8% residential square footage and l1.2Yocommercial s[uare footage).

The HAA requires the City to notify an applicant within a certain period of time (in this case, 30 days) if the project is consistent, compliant and in conformity with applicable plan, program, policy, ordinance, standard, requirement or other similar provision of the City'. Geneial plan and Zaning' Code. (Gov. Code, $ 65589.5C)(2).) Otherwise, the project is deemed consistent, compliant and in conformity with applicable standards.T Also, the grant of a density bonus, incentive, concession, waiver or reduction of development standards under Density Bonus Law is not grounds for findlng the housing development project inconsistent, not in compliance or not in conformity with applicable standards' (Gov. Code, $ 65589.5(i)(3).) Here, staff has not identified any inconsistency, noncompliance or nonconformity with applicable and objective City standards that have not otherwise been modified by Density Bonus Law.

For projects that comply with applicable, objective general plan, zoning and subdivision standards and criteria, including design review standards, in effect at the time that the application was deemed complete, the local agency must make one of the following findings to deny oicondition the project at a lesser density:8
1' The housing- development project would have a "specific, adverse impact" upon the public health or safety unless the housing development project is disapproved o. approved at a lower density; and

2. There is no feasible method to satisfactorily mitigate or avoid the adverse impact, other than the disapproval ofthe housing development project or the approval of the project upon a condition that it be developed at a lower density. (Gov. Code, $ 65589.5C)(i).) As used above, "specific adverse impact" means a significant, quantifiable, direcf and unavoidable impact based on objective, identified, written public health or safety standards, policies or conditions as of the date the application was deemed complete. The Legislature also declared that conditions that would have a "specific, adverse impact upon the public health and safety ... arise infrequently." (Gov. Code, $ 65589.5(a)(3).) Staff has not identified aspects off the project that may constitute a specific, adverse impact on public health and safety that cannot be mitigateo. 7 A housing development project shall be deemed consistent, compliant and in conformity with applicable standards, if there is substantial evidence that would allow a reasonable person to conclude that the project .ornpti"r with applicable standards. (Gov. Code, $ 65589.5(0(4).)
I For the purposes of the HAA, "objective" means involving no personal or subjective judgment by a public official and being uniformly verifiable by reference to an external and uniform benchmark or criterion-availabie and knowable by both the development applicant and the public official. (Gov. code" g 65589.5(hX9).) 4745 Carpinteria Ave Mixed Use Project; 23-2221-DPICDPIARB PC Hearing Date: February 5,2024
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With respect to subjective standards, the HAA does not bar local agencies from imposing conditions of approval provided that those conditions do not require the project to be developed at a lower density, unless the local agency makes findings described above. (California Renters Legal Advocacy & Education Fundv. City of San Mateo (2021) 68 Cal.App.sth 820, 846 ('CaRLA".) For example, in the CaRLA case, the Court opined that a city could impose appropriate conditions of approval to mitigate any effects that the height differential may have on the surrounding neighborhood under the city's design guidelines as long as those conditions do not reduce the density of the project.

The HAA also requires the City to make specifred findings to deny or condition a qualifuing affordable housing project (i,e.,20%o of the total units sold or rented to lower-income households; or 100% of the units sold or rented to moderate- or middle-income households). Because the project does not propose either 20%;o of the total units for lower income households or 100% of the units for moderate income households, these findings requirements do not apply to the Planning Commission's consideration of the project.

The HAA applies to qualifring housings projects within the City, the Act does not relieve the City from complying with the Coastal Act. (Govt. Code $ 65589.5(e).) As a result, the law is unsettled as to whether the City has the authority to deny a project without making the required health and safety findings when a project is determined to be inconsistent with the Coastal Act.e However, case law generally supports ooharmonization" of two statutory schemes - like the HAA and Coastal Act - in a manner that give effect, when possible, to all the provisions of both schemes.l0 For the reasons explained further below, staff believes that the project can be found consistent with applicable City General Plan/Coastal Land Use Plan and Zoning Code/Local Coastal Plan standards Development Plan Approval
In order to approve a Development Plan for the project, the Planning Commission must make all of the findings for approval provided for in CMC 14.68.030, which are listed below:
a. The proposed development is in conformance with the provisions of the applicable zoning district, Local Coqstal Plan and implementation programs, and General Plan. e Currently, the law and courts have provided limited direction as to how a coastal city should proceed when a project qualifies for protection under the HAA, but is inconsistent with the Coastal Act or a local agency's certified local coastal program. Presumably, the City has discretion to deny a housing development project or condition it to make it consistent with clear, objective Coastal Act policies. The one appellate court that has considered the interplay between the HAA and Coastal Act stated that if it wers to consider the question of a conflict between the HAA and Coastal Act, it would likely find that the HAA is subordinate to the Coastal Act based on the portion of the statute cited above. (Kalnel Gardens, LLC v.CityofLosAngeles(2016)3Cal.App.5th927,944,fir.9.) However,sinceansweringthisquestionwasnotnecessary to the court's decision, the decision would not constitute controlling authoriry in litigation. t0 See Linovitz Capo Shores LLC v. California Coastal Com. Q02l) 65 Cal.App.5th I106, 1 I l7 ("[W]here two statutory schemes are involved, we must, where reasonably possible, harmonize statutes, reconcile seeming inconsistencies in them, and construe them to give force and effect to all of their provisions. ... Accordingly, they must be read together and so construed as to give effect, when possible, to all the provisions thereof." (intemal quotations and citations omitted).) 4745 Cupnteria Ave Mixed Use Project; 23-2ZZl-DplCDplARB PC Hearing Date; February 5,2024
Page2l
b. The proposed development is sited and designed to avoid risks to life and property due to geologic, flood, or /ire hazards and that the proposed density of divelopment is consistent with these objectives,
c' The proposed development will not cause substontial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. d. 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 eosements granted to any public agency or required as a condition ofapproval. e' The proposed development will not adversely ffict necessary community services and values including but not limited to ftffic circulation, sewage disposal, fire proiection, water supply, and police protection.
f The proposed development will not be detrimental to the peace, health, safety, comfort, convenience, property values, or general welfare of the neighborhood.

The proposed development is in conformance with the provisions of the applicable CpD and pRD-13 zoning districts. As previously noted, the project is subject to the Visitor-serving Commercial (..V"), Flood Hazard ("FH") and Coastal Appeal ("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 of Density Bonus taw with respect to allowed density, lot coverage, height and parking.

The proposed visitor-serving commercial use(s) and vertical mixed-use arrangement are consistent with the requirements of the V overlay, provided (future) ground floor commircial tenants are of a visitor-serving nature- Additionally, as required by the FH overlay, all habitable portions of the project are elevated above the 16.2-foot BFE and the parking gartrge is outfitted with sufficient flood yents, in compliance with FEMA regulations, the City's floodplain management ordinance, and building code requirements. Finally, in compliance with the CA overlay, ihe required special permit procedures and noticing to the California Coastal Commission will be implementrd ur u putt of tn" project's public hearing procedures and noticing.

With the approval of the requested Modification to allow for 75Yo of the parking spaces to be compact-sized, the project would be consistent with all applicable requirements of fitte 14,Zoning, as modified under the provisions provided by state Density Bonus Law.

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 intensityof developmenf anticipated in urbanized areas of the City's downtown neighborhood by the City's General Plan/Coastal Land Use Plan.

The proposed development is sited and designed to avoid risks to life and property. The project site is located in an area that, according to the Safety Element of the City's General itlan/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 recommendations ior foundation design and construction techniques. These recommendations and techniques, along with the application of current building and seismic codes as part of the building permit ."ui"* process, would ensure that the proposed development is safe from a geologic perspective. Additionally, and as 4745 Carpinteria Ave Mixed Use project; 23-Z2Z\-DY/CDP/ARB PC Hearing Date: February 5,2024
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previously noted, 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. The project is not located in area vulnerable to tsunami risk or sea level rise. Finally, the site is not located within a mapped high fire severity area and with the application of current building and fire codes (e.g., fire alarm and sprinkler systems, new fire hydrants, etc.) as part of the building permit review process, the project would be safe from fire hazards.

The proposed development will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The project site is currently developed with a commercial equipment and tool rental business with the entirety of the site disturbed and devoid of any sensitive habitat. However, the western portion of the project site boarders Franklin Creek, and while channelized and not designated as Environmentally Sensitive Habitat Area ("ESHA") on the City's General/Coastal Plan maps, the creek channel 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 "buffer" 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 plans.

Additionally, the project incorporates vegetated bioswales that would be used to capture, treat and retain stormwater runofffrom 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 sycamore trees west of the project site along the creek corridor are protected during construction ofthe project.

The proposed development 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 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 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. Additionally, 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 an ability to serve the project. Electrical, natural gas, and telecommunication services are all available at the site.

As discussed in more detail in the General Plan / Coastal Plan Neighborhood Policy analysis below, 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. 4745 Carpinteria Ave Mixed Use Projecl 23-ZZZI-D9\CDPIARB PC Hearing Date: February 5,2024
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Additional supporting evidence is provided in the Findings for Approval, included as Anachment A.

Exhibit I to this report. Given the above, staff believes ai of the nlcesrary findings can be made.

General Plan / Coastal Plan Neiehborhood policies
As referenced in the Site Characteristics and Background section, the project site has split General Plan/Coastal Plan designations of Visitor-serving Commercial ("VC"f and General Commercial ("GC"), and is located within Subarea 2a, Downtown Core District, as identified in the Community Design Element.

The following is a list of applicable policies contained in the City's General plarlCoastal Land Use Plan that pertain to the proposed project, grouped by theme. Analysis is provided to demonstrate project consistency with all applicable policies.

Land Use
Objective LU-l: Establish the basis for orderly, well planned urban development while protecting coastal resources and providingfor greater access and recreational opportunities for thi pubtic.

Objective LU-3: Preserve the small beach town character of the built environment of Carpinteria, encouraging compatible revitalization and avoiding sprawl development at the City's edgi.

Policy LU'3d: Establish a commercial sector that balances the retail and service needs of citizens and tourists.

Policy LU-3e: Direct commercial development toward the center of town and in established commercial nodes. Exceptions include visitor-serving commercial uses in the Bluffs III sub-area, and commercial uses of a character, size and location that are intended solely to t"rii a specific neighborhood and thereby reduce vehicle trips.

Policy LU'3f: Encourage the remodeling and revitalization of neighborhoods and commercial areas in accordance with principles established in the Community Design Element.

Policy LU-39: Providefor a range of business activities that bring vitality, revenue, and employment to carpinteria and are compatible with its small town character.

The proposed project is a commercial-residential mixed-use development on the western edge of the City's downtown core in place of an existing equipment rental business. The project represents an opportunity for higher density infill development, including both expanded viiitor-serving commercial leasable space and one- and two-bedroom workforce rental housing, including three lowincome-restricted affordable units, on an under-utilized site on the Carpinteria Avenue corridor.

Downtown mixed-use developments that provide opportunities for both nedexpanded 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 fostir a liveli-er and more 4745 Carpinteria Ave Mixed Use Project; 23-2221-DplCDplARB PC Hearing Date: February 5,2024
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vital downtown district by introducing additional year-round residents to the area to supplement seasonal tourism and support enhanced opportunities for use ofalternative transportation.

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, While three-story construction is controversial in the City, the proposed project has attempted to preserve a two-story fagade along both the Carpinteria Avenue and Ninth Street frontages, while also providing a meaningful number of new housing units and meeting the project's minimum required parking (as adjusted by Density Bonus Law) in a mailler that reflects the (desired) character for the downtown Carpinteria Avenue corridor (i.e., transitioning Carpinteria Avenue into an integrated downtown street similar to Linden Avenue- see Policy CDS2A-c, below).

Vi sitor -s erv ing C ommer ci al D ev el opment
Obiective LU-S: Maintain availability of agriculture, coastal -dependent industry and visitorserving commercial development including hotels/motels, restaurants and commercial recreation USCS.

Policy LU-Sa: The City shall continue to give priority to agriculture, coastal-dependent industry and visitor-serving commercial recreational facilities designed to enhance public opportunities for coastal recreation over residential, general industrial, or general commercial development.

Policy LU-Sc: The City shall prohibit the removal or conversion of visitor-serving development unless it will be replaced by development ffiring comparable visitor-serving opportunities.

The project site is presently occupied by a long-time tenant operating an equipment rental business with a large outdoor yard devoted to the storage and parking of various equipment, machinery and/or vehicles available for hire. Arguably, the existing use provides an important service to the community, but caters more to residents than visitors despite the property's (partial) visitor-serving commercial designation.

The proposed mixed-use project includes approximately 4,044 square feet of commercial leasable space, situated along the site's Carpinteria Avenue frontage, and distributed between two floors. The ground floor would be oriented directly to the sidewalk on Carpinteria Avenue, including a covered patio space, and the second floor would be distributed among four possible tenant spaces overlooking Carpinteria Avenue. Cumulatively, this new square footage would provide expanded opportunities for new visitor-serving commercial development to be introduced at the west end of the downtown core, and present an opportunity to activate or reinvigorate 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.

Mixed Use Development
Policy LU-3a: New development shall occur contiguous to existing developed areas of the city.

Higher density in certain residential neighborhoods andfor residential uses in commercial districts 4745 Carpnteria Ave Mixed Use project; 23-2221-D|/CDP/ARB PC Hearing Date: February 5,2024
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shall be provided as a means to concentrate development in the urban core consistent with zoning designations, particularly where redevelopment of existing structures is proposed.

Policy LU-6a: The City may consider and permit mixed use (i.e., residential/commercial or residential/industrial) on parcels designated on Figure L(I-I for commercial or ind4strial use. Such mixed use may be considered if the City has found that either the allowance would encourage rehabilitation of important existing housing stock, or the residential use of the subjert portitltl would result in the production of affordable housing in the community, and that mixed use on the site would assist the City in maintaining an appropriate balance between jobs and housing. Mixed-use development shall not be permitted on parcels designatedfor commercial or industriil use unless it is found by the City to be compatible with existing and anticipated uses in the area surrounding the site.

Implementation Policy 2z lVhen residential development is proposed on parcels designatedfor commercial or industrial use, the residential density shall not exceed the iighest residintial density permitted in the city's land use categories; i.e., 20 units/acre including any-bonus density allowances.

The City shall determine the appropriate residential densityfor a commercial/industriai-designated parcel proposedfor residential use on all or a portion ofthe parcel and shall consider, but not be limited to, the following foctors :
a. Availability and cost of providing local services and, infrastructure; e.g., sewer, water, and schools, and transportqtion and parking avaitability. b. unique site characteristics such as size, shape, topography, and easements c. The existence on site or adjacent to the site of Environmentally Sensitive Habitat area. d. The needfor protection or enhancement of other coastal resources; e.g., viewsheds, coastal access, recreation, visitor-serving commercial and other coasial dependent or coastal related uses.

When mixed-use development is proposed in a common building, determination of the allowable density shall include, in addition to the criteria above, consideration of the intenitty of the commercial/industrial use including characteristics such as parking demand, vehicle trip generation, noise and vibration, that could affect compatibility of the residential use with the commer c ial/indus trial c omponent.

In all cases, commercial or industrial use shall be the primaly use of a site designatedfor mixed-use development. A commercial or industrial use of a developed site shall be founiby the City to be the primary use if it is greater in area than the residential component and/or is situated and designed such that it both appears andfunctions as the primary use of the parcelfrom its primary street frontage.

Policy LU-6c: Parcels designated coastal-dependent industrial or visitor-serving commercial shall not be consideredfor mixed use or residential use, with the exception that seconil-story mixed use or residential use shall be allowed on visitor-serving commercial parcels in the Downtown Core District.
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Policy CDS2A-a: Encourage and carefully regulate the development of two- and three-story mixeduse building along Linden and Carpinteria Avenues, to defi.ne a vital, lively, and valuable center for the city while prioritizing visitor-serving commercial uses.

Policy CDS2A-b: Ensure that intensified land uses within the subarea support a lively place to visit, live, work and shop, and that the scale and character of the District remain consistent with the city's "small beach town" image.

The proposed project is a mixed-use development containing4,}44 square feet of commercial space and24 rental apartment units (4 one-bedroom units and 20 two-bedroom units). Assuming the maximum allowed residential density of the General Plan / Coastal Land Use Plan pursuant to Density Bonus Law, the project achieves an overall maximum base density of 18 units per acre. The proposal seeks to utilize Density Bonus Law to increase the allowable density onsite to approximately 28 units per acre, which in the case of the subject property would accommodate 24 units, in exchange for setting aside 17% of the base units (i.e., three units) as low-income-restricted affordable units.

Broadly speaking, a "high density" mixed use, rental development such as the proposed project is appropriately located in the City's downtown commercial core where residents of the project would be centrally located near employment, businesses and services, and can in turn help to increase activity and vitality in the downtown district through an increase in year-round residents and reduce reliance on automobiles for short trips and errands A mix of relatively small one and two-bedroom rental housing units is generally appropriate for the type of "workforce" housing desired in the downtown, and in exchange for the granting of a density bonus, would include three low-incomerestricted affordable units.

Consistent with the above provisions for mixed-use development in visitor-serving commercial areas, the commercial square footage has been located and conf,rgured along the Carpinteria Avenue frontage to appear and function as the "primary" use of the property. The residential component of the mixed-use project would be located behind and/or above the commercial areas, such that it would read as being secondary as viewed from Carpinteria Avenue. Examples of similar approved mixeduse projects in the downtown core along Carpinteria Avenue include the M3 and Benon-Goldberg Mixed Use projects. Viewed from Ninth Street, at the rear of the property, the site would have a more residential character with the project elements fronting Ninth Street being two-stories in height, which is more appropriate to the residential setting of the adjacent parcels along Ninth Street.

Through the design review process, and with the help of the ARB, the Ninth Street fagade has been refined and better articulated to be of a more residential scale and character.

Two- and especially three-story development in the downtown is sensitive for the community, and redevelopment of this site is no different. While there are other two- and even partial three-story developments in the general vicinity, the introduction of a new multi-story mixed use development on this site will unavoidably be prominently visible given the relatively low intensity of the site's existing use and its adjacency to the (open) Franklin Creek channel and surrounding smaller scale residential and commercial developments. The applicant has made a concerted effort to respond to previous concems raised by decision-makers to preserve a two-story fagade along the Carpinteria Avenue and Ninth Street frontages and to further reduce the visual prominence of the third-story 4745 Carpinreria Ave Mixed Use project; 23-2221-Dp/CDplARB PC Hearing Date: February 5,2024
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element by setting it farther back into the lot's interior and articulating the development's exposed western (creek-facing) elevation.

Downtown Core ond "Small Beach Town" Character
Objective CD-l: The size, scale andform of buildings, and their placement on a parcel should be compatible with adjacent and nearby properties, andwith the dominant neighborhood or district development pattern.

Policy OSC-13b: Require new development or redevelopment in the downtown section of Carpinteria to conformwith the scale and character of the existing community and consistent with the city's theme of a small beach-oriented community.

Objective CD-2: Architectural designs based on historic regional building types should be encouraged to preserve and enhance the unique character ofthe city.

Policy CD-7d: Courtyard housing types, with multiple small units fronting onto a common courtyard or garden, are encouraged as an alternative to apartment "blocks" or more massive buildings within mixed-use districts.

The contemplated proposal calls for a three-story mixed-use building with a total square footage of approximately 64,053 square feet and a maximum building height of nearly 36 feet. The building includes a two-story commercial component situated along Carpinteria Avenue and behind it, a threestory apartment complex placed around and atop a ground level parkinggarage. Through the application of concessions/incentives, waivers or reductions of development standards and automatic reductions granted using Density Bonus Law, the proposed project would exceed the maximum allowed height limitations by approximately six feet, exceed the PRD-zone lot coverage maximums for a portion of the project site, and provide less than the required minimum amount oiparking. An additional minor deviation from parking requirements to allow a portion of the parking is compact spaces is proposed and previously discussed.

During the initial joint CC-PC-ARB conceptual review special meeting, many of the City decisionmakers commented on the need to balance the desire for new commercial and workforce rental housing in the City's downtown with efforts to preserve the "srnall beach town" character of the area.

Specific suggestions were made to look at ways to further reduce the visibility and prominence of the third level, particularly along the two street frontages, and to break up massing andicale through increased building articulation on exposed elevations.

Following conceptual review, the project was reviewed at apreliminary level two additional times by the ARB, resulting in further refinements to the project in an effort to reduce the prominence of the project, with special focus on the Ninth Street elements. As a result, the ARB prwided a recommendation for preliminary approval with specific emphasis on scaling-down the mass of the Ninth Street frontage and acknowledging the ARB's concern about the size, bulk, and scale of future 4745 Carpnteria Ave Mixed Use Project; 23-2221-DP/CDP/ARB PC Hearing Date: February 5,2024

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projects that the Planning Commission should consider.lr The plans have been updated to address the Board's comments from that meeting, specifically by lowering the overall height of the townhomes fronting Ninth Street approximately six additional inches, resulting in an overall height reduction on the Ninth Street portion of the project of approximately one-foot compared to the ARB's first conceptual review ofthe project.

Objective CDS2A-2: Preserve and enhance the downtown's historic status as the center of commercial activity of the city by encouraging a range of uses that serve both residents and visitors.

Policy CDS2A-a: Encourage and carefully regulate the development of two- and three-story mixed' use building olong Linden and Carpinteria Avenues, to define a vital, lively, andvaluable center for the city while prioritizing visitor-serving commercial uses.

Policy CDS2A-c: Encourage the gradual but systematic transformation of Carpinteria Avenuefrom a highway commercial strip to an integrated downtown street similar in character to Linden Avenue.

Objective CD-7: Enhance and maintain the Linden Avenue downtown core, the Carpinteria Avenue commercial core, the Eugenia Professional ffice area, the Casitas Village, Shepard's place Shopping Center, and the Cindy Lane-Mark Avenue industrial park districts.

Policy CD-7az Retail and commercial uses should generally have large transparent "storefront" windows for display of merchandise to pedestrians. Blank sections of walls on street frontages are strongly discouraged.

The above objectives and policies encourage the gradual but careful transformation of Carpinteria Avenue into an integrated downtown street similar in character to Linden Avenue. These policies also call for enhancing commercial opportunities in the downtown to the benefit of both residents and visitors. The proposed mixed-use development could be found to be consistent with the intent of these objectives and policies. The project has been designed to include a mix of uses that are desired in the downtown (e.g., additional visitor-serving commercial space and workforce housing) with a frontage design that is appropriate to a downtown pedestrian-oriented setting (with wide sidewalks, large open storefronts, outdoor patio areas, and onsite parking mostly located away from the primary street fagade). A two-story fagade has been provided along the Carpinteria Avenue frontage in an effort to preserve the (mostly) one- and two-story character of the downtown. Onsite parking to meet the commercial area's minimum required base parking as partially modified by Density Bonus Law is included within the ground-level parking garage. Provided the overall scale, mass, height and rr The Planning Commission must review the project under existing City General Plan and Local Coastal Plan standards.

Should the Planning Commission have concerns about size, bulk, and scale of future projects those concerns should be addressed as part of the development review for those projects or through legislative action by the City Council to amend the applicable standards.
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aesthetics of the building can be supported by the Planning Commission, staff believes the proposed project is consistent with these objectives and policies.

Objective CD-10: Areas with attractive frontage designs should be maintained. New development should be carefulty planned withfrontage areas whici maintain and enhance the quatity of C arpinter ia's s t r ee ts c ape.

Policy CD-10a: Minor variations infront yard building alignments within a block are encouraged.

Relatively steady setback patterns clearly define the pubkcipo"" of the street and reinforr, ,*iil town character.

Policy CD-10c: Commercial and mixed-usefrontages should generally have wide sidewalps adequate to encourage customers and residents toialk, shopind linger in the public righrof-way.

Commercial building_s should have large windows and entriis on the-street at the ground level.

Residential groundfloor uses should be set up or backfrom the street enough to ffird privacy within the dwelling.

The front building setback along Carpinteria Avenue for the commercial portion of the project would generally align with other commercial buildings on the street, built up to ihe sidewalk or aliowing for a wider sidewalk to be installed. The residential portion of the building and covered parking guraig below would be set back into the lot to both reinforce the "primary" commercial use of the site and to help soften the visibility and scale of the three-story building mass. The commercial component has been_ designed to open onto Carpinteria Avenue and featurer lu.g" storefronts facing the street or overlooking the sidewalk, and a ground floor-level covered patio fronting on the sidewalk. These features are consistent with the desired frontage treatments for rrew devetpment in the city's downtown core.

Along the Ninth Street frontage, the building's mass, scale and height have been restudied in response to previous decision-maker comments. The massing of the Ninth street frontage has been brought down to two-stories in height and features five units oriented to the street with either a ground floor covered porch (Unit I and Unit 4) or both a ground floor covered porch and private second floor deck' Individual units on the Ninth Street frontage have been slightly staggered and offset, which allows for the introduction of varied exterior finishes/colo.. ur,Jh"lps to give each unit i,ts own identity. The entry to the parking garage is given a different architectural ireatment to help further break up massing and provide it with a-diffeient identity from the attached residential units.

As such, staff believes the proposed project is consistent with ihese objectives and policies.

Objective CDS2A-I: Preserve and strengthen the visual and physical connections between the downtown and the beach, mountains, and other neighborhoods.

Policy CDS2A-d: Enhance the pedestrian character of the District's streets, plazas, paseos, parl<s and lanes.

Policy C-7b: Develop safe and direct pedestrian accessibility between residential areas, schools, parl<s, and shopping areas in both new and existing urban areas. 4745 Carpinteria Ave Mixed Use Project; 23-2221-D?/CDP/ARB PC Hearing Date: February 5,2024

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CDS2A Implementation Policy 262 The provision of small spaces with benches, fountains, public art and other special elements that encourage people to gather and linger in public should be encouraged, particularly where they support businesses, such as sidewalk cafes.

CDS2A Implementation Policy 272 Gardens or plazas should be located adjacent to viable commercial uses or designedfor a specific active uses, such as a children's play area.

The proposed mixed-use project has been designed with a significant amount of open space despite the overall size of the development. The required 50-foot setback from the Franklin Creek channel would, by itself, constitute approximately 14% of the site, and provide an area for passive recreational use and storm water treatment within an enhanced riparian buffer zone. Areas for decorative planters and landscaping have been provided around the remaining perimeter of the site and in centralized areas ofthe residential courtyards and deck on the second and third levels.

The commercial element of the project, located along the Carpinteria Avenue frontage, includes wide sidewalks/walkways around the building and a ground floor covered patio area fronting the street.

These types of spaces could be used to accommodate outdoor cafe seating or similar amenities which would be in keeping with the above policies. At the direction of the ARB, the stair entry from Carpinteria Avenue to the upper building floors was restudied and made into a more grand entry statement, which helps to enhance the architectural design and draw pedestrians into the development. The residential portion of the project would make use of centralized courtyards and a portion of the building rooftop to provide outdoor common area amenities for residents of the development. Small private ground floor porches and/or upper floor decks are also proposed for each of the residential units, oriented out toward the perimeter of the site.

Public Parking and Infrastructure
Policy LU-3h: Develop land uses that encourage the thoughtful layout of transportation networks, minimize the impacts of vehicles in the community, and encourage alternative means of transportation.

Policy LU-3i: Ensure the provision of adequate services and resources, including parking, public transit and recreational facilities, to serve proposed development.

CDS2A Implementation Policy 292 On-street parking and public parking requirements for coastal access shall be considered in deciding the required amount of offstreet parking. Parking lots are discouraged on street frontages and are strongly discouraged on corner lots.

Policy C-3lz Provide sfficient parking and loading space in commercial and industrial areas to minimize interference with efficient trffic circulation.

Per the City's Zoning Code, the contemplated mix of uses would require a minimum of 69 parking spaces, not accounting for any additional parking that may be required for certain higher intensity commercial uses (e.g., restaurants). However, as part of the applicant's utilization of Density Bonus Law, the project makes use of reduced residential parking requirements, which in this case have allowed the provided parking to be reduced to 53 spaces. These 53 spaces would serve both the onsite commercial and residential uses, including visitor spaces. As discussed previously, these 53 spaces 4745 Carpinteria Ave Mixed Use project; 23-2221-Dp/CDplARB PC Hearing Date: February 5,2024

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would meet the project's minimum required parking as adjusted by Density Bonus Law. In the event the project requires additional parking (due to restaurant seating, for example), the applicant could request to utilize an additional waiver or reduction granted by Density Bonus Law to reduce the amount of required onsite commercial parking or may seek coverage under the parking relief granted by AB 2097 (if applicable) or other applicable state and local laws. As previousiy notJd, the pioject also calls for utilizing a mix of both standard-size and compact-size purking ,pur.r to meet iti parking requirement.

The onsite parking would be accessed from either the primary driveway on Carpinteria Avenue or a secondary driveway on Ninth Street. Room for six parallel spaces would be prwided in the Ninth Street right-of-way for public on-street parking as part of the required project frontage improvements, where on-street parking demands have been historically high. While this proposed layout would formalize and improve pedestrian accessibility along Ninth Street, it wouid no doubt result in a net loss of "on-street" parking capacity compared to the informal use of the property's Ninth Street frontage for parking currently. The project provides both secure onsite bicycte parking within the parking podium for residents, as well as additional bicycle parking along the Carpinteria Avenue frontage to serve the commercial spaces.

The site's location within the Downtown '6T') on Carpinteria Avenue would also allow the project to utilize existing transit and altemative transportation infrastructure. Carpinteria Avenue is impioved with class II bicycle 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.

Objective PF-S: To provide a high quality and broad range of public services, facilities and utilities to meet the needs of all present andfuture residents of the Carpinteria Planning Area.

Policy PF-Sb: The City will require proposed new developtnents to pay afair share of the cost of needed public facilities and services. Further, in areas of the city designatedfor non-residential use but where residential use may be permitted, the City shall monitor total residential development and report annually to the School, Fire, lTater and Sanitary districts to permit properfacilitiei planning by these special districts.

Policy PF-Sc: The City will ensure that new development will not adversely impact services and facilities provided to existing development.

The site 9an be adequately served by all required utilities and public services. The project was reviewed by the Carpinteria Valley Water District, Carpinteria Sanitary District ani C-arpinteriaSummerland Fire Protection District, with each indicating an ability to serve the project with the application ofappropriate conditions ofapproval on the project.

Policy OSC-6fi: All development shall be evaluatedfor potential adverse impacts to water quality and shall consider Site Design, Source Control and Treatment Control BMPs ii order to minimize polluted runoffandwater quality impacts resultingfrom the development. In order to maximize the reduction ofwater quality impacts, BMPs should be incorporated into the project design in the i
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following progression: (I) Site Design BMPs, (2) Source Control BMPs, and (3) Treatment Control BMPs.

The proposed project would remove all existing buildings and hardscape areas, and redevelop the entire site. As such, the project qualifies as a "Tier 4" storm water project (projects with 22,500 square feet or more of impervious surfaces). Such projects must implement the following stormwater design measures:
r Implement Low Impact Development (LID) Measures:
o Limit distrubance of natural drainage features;
o Limit clearing, grading and soil compaction;
o Minimize impervious surfaces;
o Minimize runoff by dispersing runoff to landscape or using permeable pavements. o Treat runoff with an approved and appropriately sized LID treatment system prior to discharge from the site;
o Prevent offsite discharge from events up to the 95th percentile rainfall event using Stormwater Control Measures.
r Control peak flows to not exceed pre-project flows for the2-year through l0-year storm events.

The proposed project's storm water plan has been reviewed by Public Works staff and was confirmed to comply with the City's storm water requirements. The project's storm water plan 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.

Public View Cowidors
Objective CD-3: The design of the community should be consistent with the desire to protect views of the mountains and the sea (California Coastal Act of 1976 530251).

Objective OSC- I 3 : Pr eserve Carpinteria's visual res ources Policy OSC-L3a: Preserve broad, unobstructed views from the nearest public street to the ocean, including but not limited to Linden Averute, Bailard Avenue, Carpinteria Avenue, and U.S. Highway 101. In addition, design and site new development on or adjacent to bluffs, beaches, streams, or the Salt Marsh to prevent adverse impacts on these visual resources. New development shall be subject to all of thefollowing measures:
a. Height and siting restrictions to avoid obstruction of existing views of visual resources from the nearest public areas.
b. In addition to the bluffsetback requiredfor safety, additional bluff setbaclu may be required for oceanfront structures to minimize or avoid impacts on public views from the beach.

Blufftop structures shall be set backfrom the bluffedge sfficientlyfar to ensure that the structure does not infringe on views from the beach except in areas where existing structures already impact public views from the beach. In such cases, the new structure shall not be greater in height than adjacent structures and shall not encroach seaward beyond a plane 4745 Carpinteria Ave Mixed Use project; 23-2221-DplCDp/ARB PC Hearing Date: February 5,2024

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created by extending a straight line ("stringline") between the nedrest building corners of the existing buildings on either side of the proposed development. Patios, balconiis, porches-and similar appurtenances, shall not encroach beyond a plane created by extending i straight line between the nearest corners closest to the beachfrom the existing balconies, pirches i similar appurtenances on either side of the proposed development, If the strtigtine is grossly inconsistent with the established line of seaward encroachment, the Planning Commiision or City Council may act to establish an encroachment limit that is consistent with the dominant encroachment line while still limiting seaward encroachment as much as possible. c. special landscaping requirements to mitigate visual impacts.

Obiective CDS2A-l: Preserve and strengthen the visual and physical connections between the downtown and the beach, mountains, and other neighborhoods.

The project site is situated with its primary frontage along Carpinteria Avenue and a secondary frontage on Ninth Street. Public ocean views are not available from this location and thus would not be impacted by redevelopment of the site. Public mountain views are available along Carpinteria Avenue, but are of marginal quality and constrained to mainly looking down the street corridor or as glimpses over and between existing developments. The project's locaiion on the south side of Carpinteria Avenue is not expected to further interfere wittr these (limited) views.

Public views from Ninth Street towards the mountains are similarly compromised by existing landscaping and development. Construction of a new two- and thrie-story mixed-use building would further constrain these view corridors, although the adjacent Franklin Creek channel and the froject's required 50-foot setback from said channel would provide an opportunity to preserve and perhaps enhance a mountain view corridor from near the terminus of Ninth Street *d fro* the Ninth Stieet pedestrian bridge. Additionally, there are opportunities to create new view corridors from new trails proposed to be constructed within the creek channel setback and right-of-way.

Creek Setback
Objective OSC'6: Preserve the natural environmental qualities of creela,vays and protect riparian habitat.

Policy OSC-6a: Support the preservation of creeks and their cotidors as open spece, and maintain and restore riparian habitat to protect the community's water quatity, wildtife diiersity, aesthetic values, and recreation opportunities.

OSC-6-Implementation Policy 25: A setback of 50 feet from top of the upper bank of creeks or existing edge of riparian vegetation (dripline), whichever is further, shaltbi established and maintainedfor all development. This setback may be increased to accountfor site-specific conditions. Thefollowingfactors shall be used to determine the extent of in increase in setback requirements:
a. Soil type and stability of the stream corridor
b. How surface water/ilters into the ground
c. Types and amo-unt of riparian vegetation and how such vegetation contributes to soil stability and habitat vctlue
4745 Carpinteria Ave Mixed Use Project; 23-2221-DPICDPIARB PC Hearing Date: February 5,2024
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d. Slopes of the land on either side of the stream
e. Location of the 100 year floodplain boundary, and
f Consistency with other applicable adopted plans, conditions, regulations and/or policies concerning protection of res ources.

Where existing buildings and improvements, conforming as to use but nonconforming as to the minimum creek setback established herein, are damaged or destroyed by /ire, flood, earthquake or other natural disaster, such buildings and improvernents may be reconstructed to the same or lesser size and in the same general footprint location, provided that reconstruction shall be inaugurated by the submittal of a complete construction applicationwithin 24 months of the time of damage and be diligently carried to completion.

OSC-6-Implementation Policy 26'. Prior to issuance of a development permit, all projects shall conform with the applicable habitat protection policies including but not limited to the General Plan/Local Coastal Plan, Open Space Bluffs Master Program, Creek Preservation Ordinance, and the Zoning Ordinance.

The western portion of the project site borders Franklin Creek, and while channelized and not designated as Environmentally Sensitive Habitat Area ("ESHA") on the City's General/Coastal Plan maps, the creek channel 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 5O-foot setback from the adjacent Franklin Creek channel. This creek setback "buffer" 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 plans. Limited opportunities for passive recreational use within the creek setback, such as the proposed walking path, are permissible Additionally, the project incorporates vegetaled 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 protect the adjacent creek from untreated runoff. Finally, the project incorporates tree protection measures to ensure that the offsite native sycamore trees west of the project site along the creek corridor are protected during construction of the project.

Public Safety
Objective S-l: Minimize the potential risla and reduce the loss of lfe, property and the economic and social dislocations resultingfromfault surface rupture in the planning area, from ground shaking due to an earthquake along afault in the planning area or in the region, from seismicallyinduced liquefaction in the planning area, andfrom seismically-induced tsunamis.

Objective S-3: Minimize the potential risl<s and reduce the loss of property and the economic and social dislocations resultingfrom expansive soils, soil settlement, subsidence, and hydrocompaction.

According to Figures S-2 and S-3 of the City's General Plan/Coastal Land Use Plan, the project site is located in an area that is potentially vulnerable to a high risk of liquefaction and expansive soils.

As such, a site-specific geotechnical study was prepared for the project which provides recommendations for foundation design and construction techniques. These recommendations and techniques, along with the application of current building and seismic codes as part of the building I
4745 Carpnteria Ave Mixed Use projecr; 23-2221-Dp/CDplARB PC Hearing Date: February 5,2024

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Carpinteria City CouncilMarch 26, 2024

Carpinteria City Council
March 26, 2024