on April 19, 2023, and January 17, 2024, by adopting Resolution No. 6338 (Attachment A).
DISCUSSION
The Traffic Safety Committee (TSC) recommends the City Council approve the following traffic control devices:
• Install passenger loading zone (white curb) along east side of Linden Avenue at the property frontage of 666 Linden Avenue, pursuant to Carpinteria Municipal Code Section 10.36.020(C).
On March 7, 2023, the City received a service request for a passenger loading zone along east side of Linden Avenue at property frontage of 666 Linden Avenue.
The service request was from Franco Contreras of Giannfranco’s Trattoria at 666 Linden Avenue, Carpinteria, California 93013. According to Franco Contreras, a curbside pickup zone is not allowed by the City for its said business, and a passenger loading zone is “desperately” needed in order to provide service to its patrons, who are physically challenged. On April 19, 2023, the TSC reviewed the matter and voted to recommend installation of passenger loading zone along east side of Linden Avenue at the property frontage of 666 Linden Avenue. • Remove existing 90-minute parking and install approximately 20 feet of yellow curb for passenger and material loading zone (yellow curb) in one (1) parking space along south side of Carpinteria Avenue at the frontage of Carpinteria Library, 5141 Carpinteria Avenue, pursuant to Carpinteria Municipal Code Section 10.36.020(C) On July 1, 2022, the City began operations of its own municipal library, now known as Carpinteria Community Library, following a transition from County of Santa Barbara oversight. Since the City’s start of operations, several building and site improvements were made and others are currently in progress. A request was received from the City Librarian for the installation of a passenger and material loading zone at the frontage of Carpinteria Library in order for library patrons to return books at either in the building or book drop-off box as well as for other business deliveries to Carpinteria Library. A field review of the site was conducted by staff, and there is existing 90-minute parking that is posted along the south side of the 5100 block of Carpinteria Avenue for the hours between 9:00 a.m. and 6:00 p.m. except Sundays and holidays. There is also an existing book drop-off box on the sidewalk that fronts Carpinteria Library. On April 19, 2023, the TSC reviewed the matter and voted to recommend removal of existing 90-minute parking and installation of approximately 20 feet of yellow curb for passenger and material loading zone.
• Remove existing “No Trucks” sign and replace with approximately 127 feet of red curb along the east side of Santa Ynez Avenue at north of El Carro Lane intersection; and install approximately 30 feet of red curb along the east side of Santa Ynez Avenue at south of El Carro Lane intersection, pursuant to Carpinteria Municipal Code Section 10.28.030(D).
Approving the Recommendations of the Traffic Safety Committee July 8, 2024
In June and August of 2023, the City received requests for improving the intersection sight distance of westbound El Carro Lane at the Santa Ynez Avenue intersection. The requests are from Stan Pottkotter. Stan Pottkotter reports that parked vehicles along the east side of Santa Ynez Avenue are obstructing the sight distance at the El Carro Lane intersection. On January 17, 2024, the TSC reviewed the matter and voted to recommend removal of the existing “No Trucks” sign and replace it with approximately 127 feet of red curb along the east side of Santa Ynez Avenue north of El Carro Lane intersection, and the installation of approximately 30 feet of red curb along the east side of Santa Ynez Avenue south of El Carro Lane intersection.
POLICY CONSISTENCY
The recommendation is consistent with Carpinteria Municipal Code Sections 10.08.090 (Traffic safety committee—Duties), 10.28.030 (Restricted areas designated), and
10.36.020 (Curb markings and restricted zones designated).
FINANCIAL CONSIDERATIONS
No Additional Funding Requested. There is sufficient budget in 205-431-5560 – Gas Tax Fund.
LEGAL AND RISK MANAGEMENT CONSIDERATIONS
Pursuant to Carpinteria Municipal Code Section 10.28.030, the City Council may establish street parking restrictions via resolution of approval. The establishment of appropriate parking restrictions by following the procedures established through local and state regulations can be an effective risk management tool.
OPTIONS
1. Adopt Resolution No. 6338, approving the recommendations of the Traffic Safety Committee (staff recommendation).
2. Direct staff to modify Resolution No. 6338.
3. Decline to adopt Resolution No. 6338 and provide further direction staff. No action would result in no change to existing roadway conditions.
PRINCIPAL PARTIES EXPECTED AT MEETING
No principal parties are expected to attend.
ATTACHMENTS
Attachment A: Resolution No. 6338
Approving the Recommendations of the Traffic Safety Committee July 8, 2024
Staff contact:
John L. Ilasin, Public Works Director
(805) 880-3402; [email protected] Signature
Reviewed by: Ryan Kintz, Assistant City Manager
(805) 755-4400, [email protected] Signature
Reviewed by:
Michael Ramirez, City Manager
(805) 755-4450; [email protected] Signature
ATTACHMENT A
Resolution No. 6338
THIS PAGE INTENTIONALLY LEFT BLANK
RESOLUTION NO. 6338
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARPINTERIA, APPROVING THE RECOMMENDATIONS OF THE
TRAFFIC SAFETY COMMITTEE
WHEREAS, Section 10.08.080 of the Carpinteria Municipal Code establishes a Traffic Safety Committee as an advisory body; and WHEREAS, on April 19, 2023, the Traffic Safety Committee reviewed the recommendation by staff for the installation of a passenger loading zone (white curb) along east side of Linden Avenue at the property frontage of 666 Linden Avenue, as shown in Exhibit A, pursuant to Section 10.36.020(C), and voted unanimously to make such recommendation for City Council consideration; and WHEREAS, on April 19, 2023, the Traffic Safety Committee reviewed the recommendation by staff for the removal of existing 90-minute parking and installation of approximately 20 feet of yellow curb for passenger and material loading zone, as shown in Exhibit B, pursuant to 10.36.020(C), and voted unanimously to make such recommendation for City Council consideration; and WHEREAS, on January 17, 2024, the Traffic Safety Committee reviewed the recommendation by staff for the removal of existing “No Trucks” sign and replacement with approximately 127 feet of red curb along the east side of Santa Ynez Avenue at north of El Carro Lane intersection, and installation of approximately 30 feet of red curb along the east side of Santa Ynez Avenue at south of El Carro Lane intersection, as shown in Exhibit C, pursuant to
10.28.030(D), and voted unanimously to make such recommendation for City Council consideration; and
WHEREAS, the City Traffic Engineer reviewed the Traffic Safety Committee recommendations, conducted field reviews at the sites, and determined that there are no conditions or standards precluding the City Council’s consideration of the recommendations.
NOW, THEREFORE, BE IT RESOLVED as follows:
SECTION 1. The above recitals are true and correct.
SECTION 2. The recommendations of the Traffic Safety Committee are approved, and the Public Works Department is directed to implement the recommendations through its schedule of work within a reasonable period of time.
PASSED, APPROVED AND ADOPTED on July 8, 2024 by the following vote:
Resolution No. 6338
AYES: COUNCILMEMBER(S):
NOES: COUNCILMEMBER(S):
ABSENT: COUNCILMEMBER(S):
ABSTAIN: COUNCILMEMBER(S):
________________________
Mayor, City of Carpinteria
ATTEST:
_________________________
Brian C. Barrett, CMC, CPMC
City Clerk, City of Carpinteria
I hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Carpinteria held on July 8, 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
EXHIBIT A TO RESOLUTION NO. 6338
THIS PAGE INTENTIONALLY LEFT BLANK
SOURCE: MICROSOFT CORPORATION 2023, TOMTOM 2023, VEXCEL IMAGING 666 LINDEN AVE.
NO SCALE
REQUEST FOR PASSENGER LOADING ZONE
EXHIBIT B TO RESOLUTION NO. 6338
THIS PAGE INTENTIONALLY LEFT BLANK
SOURCE: MICROSOFT CORPORATION 2023, TOMTOM 2023, VEXCEL IMAGING 5141 CARPINTERIA AVE.
APPROX. 20-FT YELLOW CURB
NO SCALE
EXHIBIT C TO RESOLUTION NO. 6338
THIS PAGE INTENTIONALLY LEFT BLANK
EL CARRO LANE AT SANTA YNEZ AVENUE INTERSECTION- RIGHT SIGHT (NORTH BOUND) VIEW
LOCATION MAP
NO SCALE
EL CARRO LANE AT SANTA YNEZ AVENUE INTERSECTION– LEFT SIGHT (SOUTH BOUND) VIEW
LOCATION MAP
NO SCALE
City of Carpinteria
Cour.rcu- Aceruoa Srarr Reponr
July 8,2024
ITEM FOR COUNGIL CONSIDERATION
Award Construction Contract for the Via Real Stormwater Project to Toro Enterprises, lnc. and Agreements for related Construction Management and lnspection, Testing, and Archeology and Native American Monitoring Services.
STAFF RECOMMENDATION
For the Via Real Stormwater Project:
1. Award the construction contract to Toro Enterprises, lnc. in the total bid amount of $3,116,428.
2. Authorize the City Manager to execute an agreement with Cannon Corporation for construction management and inspection services, not to exceed $260,698.
3. Authorize the City Manager to execute an agreement with Cotton Shires and Associates, lnc. for acceptance and materials testing services, not to exceed $54,461.
4. Authorize the City Manager to execute an agreement with Leftwich Archeology for archeological and Native American monitoring services, not to exceed $109,120.
5. Approve a budget appropriation of $33,000 to the Capital lmprovements Fund for the Fiscal Year 2024-25 Capital lmprovements Program Budget.
Sample motion same as staff recommendation above
(This motion requires a rollcallvote.)
BACKGROUND
The Via Real Stormwater Prolect is part of the City's S-Year Capital lmprovement Plan and is located along a section of east Via Real and the entire length of Poplar Street. The location map is shown in AttachmentA. The generalscope of work includes a bioretention basin, storm drains, bioswales, and upgrades to concrete sidewalks, curbs, gutters, and curb ramps. The objectives of the prolect are to:
A Construction Contract Award for the Via Real Stormwater project July 8,2024
Page2
1. Reduce flood hazards on the critical arterial road, Via Real, and adjacent private properties, including mobile home parks and multi-family dwellings. 2. lmprove access to these private properties.
3. Minimize soilerosion.
4. Enhance the quality of stormwater entering the Carpinteria Creek watershed.
The Federal Emergency Management Agency (FEMA) awarded $603,931 in federal-aid funds from the Hazard Mitigation Grant Program (HMGP) for the project. This amount includes $90,075 for the design phase and $513,856 for the construction phase, covering 75o/o of the project costs at that time. HMGP funding covers up to 75% of project costs, requiring a 25o/o match from local funds. Additionally, the California Natural Resources Agency awarded $366,262 in state-aid funds from the Urban Flood Protection Grant Program for the project's construction phase, which does not require any local matching funds.
The project design phase was completed in February 2022with an engineer's estimate of $1,392,383. The City issued notices inviting bids on two separate occisions, with bids received in December 2022 and April 2023. On both occasions, the bids were allowed to expire due to the bid amounts being well over the engineers estimate and the amount of available funding. On June 12, 2023, staff updated the City Council about the status of the project. At that time, Council directed staff to seek additional funding and explore other options that would allow the project to move forward, including possibly removing some design elements.
ln August 2023, staff submitted a request for time extension and additional funds to both FEMA and the California Natural Resources Agency. ln March 2024, FEMA granted a 16- month time extension. California Otfice of Emergency Management, the grant administrator for FEMA, has allocated an additional $375,000 of HMGp funds for an amended total amount of $888,855 for construction, as well as $33,9g3 for staff management. ln February 2024, the California Natural Resources Agency granted a 14- month time extension and allocated an additional $1,000,000 of Urban Flood protection Grant Program funds for an amended total amount of $1 ,366,262. ln April 2024, the Public Works Director issued a Notice lnviting Bids. On May 14,2024, the city received one bid from Toro Enterprises, rnc. in the amountof $3,116,42g. staff has determined that this bid meets the terms of the bidding requirements.
A copy of the apparent low bid is shown as Attachment B. Staff also determined Toro Enterprises, lnc. to be a responsible bidder based on reference checks.
The purpose of this agenda matter is to allow the City Council to award a construction contract to Toro Enterprises, lnc. and authorize the City Manager to execute agreements for construction management and inspection, acceptance/materials testing, and archeology and Native American monitoring services for the Via Real Stormwater project.
A Construction Contract Award for the Via Real Stormwater Project July 8,2024
DISCUSSION
The award of a construction contract is based on the lowest total base bid. The Construction Contract, provided in Attachment C for Toro Enterprises, includes a construction timeline of 12O working days from the date of the City's Notice to Proceed. ln addition to the construction contract, the project includes agreements for construction management and inspection services with Cannon Corporation (Attachment D), acceptance and materials testing with Cotton Shires and Associates, lnc. (Attachment E) and archeology and Native American monitoring services with Leftwich Archeology (Attachment F).
The overall construction cost is a summation of the apparent low bid (i.e. total base bid) and construction contingency. Table 1 below summarizes the proposed revenue and expense:
Table 1: Revenue and Ex nse
There is an unfunded amount of $32,950. Therefore, staff is requesting for an appropriation of a rounded amount of $33,000 from the Measure X Fund (Expense Account No. 104-999-591 1), which has an available fund balance of $41 9,704.
POLICY CONSISTENCY
General Plan and Local Coastal Plan
The recommendation may be found consistent with the following objectives and policies of the General Plan and Local Coastal Plan:
Revenue
State Grant $1,366,300
Federal Grant $888,850
Development lmpact Fees $305,800
Measure X $1 ,025,100
Total $3,586,050
Expense
Construction Contract fiotal Bid) s3.1 16.400
Construction Contract Continqen cv (2.5o/o\ $78.000
Construction Manaqement and lnspection $260,700
Accepta nce/Materials Testi nq Services $54,500
Archeoloov and Native American Monitorinq Services $1 09,1 50 Total $3,618,750
Rounded up to the nearest thousand $3,619,000
A Construction Contract Award for the Via Real Stormwater project July 8,2024
Circulation Element
objective c-8: To encourage and facititate pedestrian and bicycte pathways.
Policies:
CD-8a: To design sfreefs with safe and pleasant pedestrian ways that are spatially separated from vehicular traffic by elemenfs such as frees, other plantings, and streetlights.
CD-8b: To provide convenient pedestrians roufes in the Downtown District and adjacent neighborhoods that extended into other neighborhoods.
Sustainable Community Policy (Resolution No. SSO0)
The project is also consistent with the following policies of Sustainable Community policy:
Environmental Stewardship
Pollution Prevention: Develop and implement standards to reduce runoff and pollution in local streams and watersheds.
Communitv Health. Safetv, and Wellness
Support resrdenfs and property owners' needs related to infrastructure improvements and maintenance to ensure safe and viable neighborhoods.
National Pollutant Discharge Elimination System
The project is consistent with the National Pollutant Discharge Elimination System phase ll Municipal Small Separate Storm Sewer System Permit lnd Regional Water euality Control Board (RWOCB) Post-Construction Stormwater Management Requirements for Development Projects (RWQCB Resolution No. R3-20 1 3-0032), respectively.
Capital lmprovement Plan Study Session of March 19,2024 Finally, the project is consistent with the City Council's prioritization as a critical infrastructure pursuant the Capital lmprovement Plan Study Session on March 19,2024.
FINANCIAL CONSIDERATIONS
An increase of $33,000 is allocated to the Fiscal year 2024-25 Capital tmprovements Fund (Expense Account No. 301-403-5708). This amount includes a transfei of $32,gg2 from the Measure X Fund (Expense Account Number 104-ggg-5911) to the Capital lmprovements Fund (Revenue Account No. 301-ggg-491g).
A Construction Contract Award for the Via Real Stormwater Project July 8,2024
LEGAL AND RISK MANAGEMENT CONSIDERATIONS
The recommendation is consistent with the formal bidding procedures of the Uniform Construction Cost Accounting Act (Public Contract Code Section 22030 et al.).
OPTIONS
1. Award a Construction Contract to Toro Enterprises, lnc. in the Total Bid amount of $3,116,428 for the Via Real Stormwater Project; authorize the City Manager to execute agreements with Cannon Corporation to provide construction management and inspection services in an amount not-to-exceed $260,698, Cotton Shires and Associates, lnc. to provide acceptance/materials testing services in an amount not-to-exceed $54,461, and Leftwich Archeology to provide archeology and Native American monitoring services in an amount not-to-exceed $1 09,120 for the Via Real Stormwater Pro1ect; and approve a budget appropriation in the amount of $33,000 to the Capital lmprovements Fund of the Fiscal Year 2024-25 Capital lmprovements Program Budget for the Via Real Stormwater Project.
2. The City Council has the option to decline approval of the recommendation and provide alternative directions to staff. However, this decision could result in project delays and potential forfeiture of federal and state aid funds.
PRINCIPAL PARTIES EXPECTED AT MEETING
There are no principal parties expected at the meeting
ATTACHMENTS
Attachment A:
Attachment B:
Attachment C:
Attachment D:
Attachment E:
Attachment F:
Staff contact:
Erin Maker, Environmental Program Manager
(805) 880-341 5; [email protected]
Reviewed by:
John L. llasin, Public Works Director
(805) 880-3402; [email protected]
Location Map
Bid
Construction Contract for Toro Enterprises, lnc.
Agreement for Cannon Corporation
Agreement for Cotton Shires and Associates, lnc.
Agreement for Leftwich Archeology
t,
Signature
Signature
A Construction Contract Award for the Via Real Stormwater project July 8,2024
Reviewed by:
Licette Maldonado, Administrative Services Director
(805) 755- 4448; licettem@ca rpinteriaca. oov
Reviewed by:
Ryan Kintz, Assistant City Manager
(805) 7 55-4400; rvan k@calpinteriaca. qov
Reviewed by:
Michael Ramirez, City Manager
(805) 755- 4400; m ichaelm @carpinteriaca. qov
Signature
ATTACHMENT A
Location Map
ffi*
August 201 8
Vicinity Map
Via Real Stormwater Project
Carpinteria, CA
GeosyntecD
consnltants
Santa Barbara
Legend
-S Project Location Coordinates
-
Stream
-
Existing Storm Drain
Staging Area
ffi Project Footprint
EfFeet
0 N
I
I
sanbBarbarc-o1\P \GlS\Uo477 - Carp Via Real\Projecb\HMGp_Viciniry_Map.ryd 8/302018 (Adhor MCotyar) 5:38:49 pM
ATTACHMENT B
Bid
BID OPENING
VIA REAL STORMWATER PROJECT
5t14t2024
2:00 PM
*"lf a cashier's check is attached in lieu of the bid bond, pull, make a notation in the bid that you have it, and then deposit it. Copy the check and place it in the project file. Keep a tickler file and after bid is awarded, request a reimbursement check for the contractor lF they were UNSUCCESFUL.
RANK fl/ PRICE 6, /t6rvz? BID BOND ATTACHED?'' {8 1 ADDENDAATTACHED? Y6 ctw oyih{ft , o( CONTRACTOR NAME {t<a dlszrruges Via Real Stormwater Project
F'E MA -4344-DR-CA, Proj ec t #P J0206, FIPS #083- 11446 Addendum No. 1
May 1,2024
This constitutes Addendum No. I to the Bid Documents that were issued on April 16,2A24 by the City of Carpinteria for the Via Real Stonnwater Project ('Project"). The Bidder shall acknowledge the receipt of this addendum on the Bid Forms where indicated. Failure to acknowledge receipt may be grounds for rejection of a Bidder's Bid.
This addendum shall be considered part of the Bid Documents for the Project as though it had been issued at the same time and shall be incorporated into the Bid Documents. tn the event that the provisions of this addendum conflict with the original Bid Docnments, this addendum shall control and take precedence.
Bidders are notified that they shall make any necessary adjustments in their bid as a result of this addendum. It will be construed that each Bidder's Bid is submitted with full knowledge of all modifications and supplemental data specified in this addendum.
This addendum includes the following changes:
CONTRACT DOCUMENTS AND SPECIFICATIONS :
Item No. 1
Part and Page No. Section Al - Notice Inviting Bids
Location and Description of Change
REMOVE the following sentencc:
Sealed bids for the Vie Real Stormwater Proicct will be received by fre City of Carpinteri4 at the office of the City Clerk, City Hall, 5775 Carpintena Avenue, Carpinteda Califomia, until Tuesday, Mey 7, 2024 at 2:lXl pm and then at said office publicly opened and read aloud.
REPLACE with the following sentence:
Sealed bids for the Vis Reel Stornwater Projcct will be recoived by {re City of Carpinrcri4 at the ofFce of the City Clerk, City Hdl, 5775 Carpinteria Avenue, Carpinteria, California, until Tucsday, Mey t4 20:14 rt2:00 pm and then at said office public$ opened and read aloudPage 1 of2 Approved by
L.
Wor*s Dircctor/City Engirc€r
-ENDPege2of2
SECTION A3. BID DOCUMENTS
CITY OF CARPINTERIA
CALIFORNIA
PROJECT: Via Real Stormwater hoject
IMPORTAITTNOTICE
BIDDOCUMENTS:
All bids must be accompanied by the following completed forrns:
Contractor's Bid
Bid Certificates
Bidding Schedule
Bid Bond or oiller acceptable guaranty
Bidder's Statement Regarding Insurance Coverage
List ofSubconftactors
Bidder's License and Experience Statement
Noncollusion Affidavit
a.
b.
c.
d.
e.
f.
o
b.
h.
Failure to complete, sign where required, and return the above bid documents with the bid may render it non-responsive.
The following are included and are to be considere! g formins a part of this blg, lrl (3) Bidder's Bidding schedule, (2) Bid certificate, License aod Experience statements, (4) Lisr or iuuuoora.i, itatumuntn"e"o'red;;c;.d.-tL'";*;*rrag.th.ruoJ;J;1;'*t}|Ht1ff;:l;*;tlillitr to us aad have been examined as part ofth" conhact dscurients. the
Attached
amount
is a
of
Bid
at
Bond duly completed by a guaranfy company authorized to carry on business in the State of california in payable to
least l0% of thi total amo;t of our Bid, oi .rtrrnuuu"ry therc is attached a certified or cashier's check the city, in the amount of at least l0% of the ,""r .."""i"ioio "to. If our Bid is accepted' we agree to sign the contract form and to furnish the perfonnance bond and the material and labor l"*l"fl'ffi,"i""itt#;i**'j.T"H?#: tn' required evidences or in,**"" *io,n i' rr0) carendar days aftei plan
we ftrther
the work
agree if our Bid is accepted and a contract for the performance of the work is entered into with the city, to so and to prosecute Section c (General
it with such diligence tlrat all ortn" *o* ,hall be completed within the time stipulated in Provisions Modifications) rr4-oaificationil il;;;ipecifications, section 6 (paragraph 6-...t.t).
CONTRACTOR'S BII)
PROJECT: Via Real Stormwater project
Project
The undersigned,
and Bid,
as Bidder, declares that it has examined all of the Conhact contained in the above referenced and that it shall conhact with the City on the form of contract for therewith to do everything necessary the fulfillrnent of this contract at the price provided
and on the terms and conditions therein contained.
Bidders Mailing Address:
(Name of
Authorized
(rf is a Corporation, provide corporate
resolution per Information for Bidders paragraph A2.05) State ofIncorporation/Form ation (if entity) Title
Certificate of Corporate Authority
I hereby certiff that Toro Enterprises, Inc' is a duly organized.and existing Califomia. .orporutlon, #tt"tt has the po*"t to take the action called for by the following resolution' I fuither certifi that Sean Castillo is President, Jerry Hannigan is Secretary-and Trent Royle is Vice bresident of Operations and all have the authority individually to execute bid bonds, bid submittals, contract documents and change ordep on behalf of the ' ;;;;i* as stated in the minutes of the Board of Directors' Meeting of Toro Entelprises, Inc, hetd July 15, 2016'
GENERALENCINEERING
COMRACTORS
In witress whereof, I have affixed by hand and seal of said corporation this 15tli day of July 2016,
Secretary
JFVrc
Equal OPPortunitY EmPloYer
- -
PO BOX 6285, OXNARD' CA 93031
PHONE: (805) 483-4515 FAX: (805)483-3635
Jerry
STATE OF
COIJNTY OF
BID CERTIFICATE
(if Corporation)
SS:
I CERTIFY that a meeting of the Board of Directors of
)
)
)
a corporation existing under the laws ofthe State of
the following resolution was duly passed and adopted:
"RESOLVED,that
authorized to ex€cute the Bid dated
execution of the Bid, attest€d by the
(sEAL)
held on I
as
President of the Corporation, be and is
the City of Carpinteria and that its
the Corporation, with the Corporate Seal affxed, shall be the IL ^6
official act and deed of this Corpomtion."
I further certifr that said resolution is now in full force and effect.
I have set my hand and affixed the official seal of the corporation this 204- $an
BID CERTIFICATE
(if Partnership)
STATE OF
COUNTY OF
)
)
)
SS:
I CERTIFY thar a meeting of the partner
"
ot N /fr
a partnership existing under the laws of the State of held on the following resolution was duly passed and adopted:
"RESOLVED,tlat as
execute the Bid dated
Partnership, be and is authorized to
attested by the
20-to the City of Carpinteria and that its execution thereof, shall be the official ast and deed of this partnership." I further certify that said resolution is now in firll force and effect.
IN WITNESS WHEREOF, I have set my hand this day of 20
Nld
Partner
(sEAL)
2o-----
BIDCERTIFICATE
(if Joint Venture)
STATE OF
COUNTY OF
SS
I CERTIFY that a meeting of the principals ofthe Al /A
)
)
)
ajoint venture existing under the laws of the State of
the following resolution was duly passed and adopted:
"RESOLVED, that
execute the Bid
(sEAL)
attested by the
Venture.o'
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have set my hand this
Partner
held on 20-,
as
of the Joint Venture, be and is authorized to 20-, to the City of Carpinteria and that its execution thereof shall be the official act and deed ofthis Joint
day of 20-.
PROJECT: Via Real Stormwater project
The cost of all labor, material and equipment necessary fbr the completion of the work itemized, even though not shown or specified' shall be included in the unit price for rhe various iterns shorvn herein. The owner reserves the right to increase or decrease the quantity of any item or omit items as Tay !e necessary, and the same shall in no rvay affect or make void the contract' except that appropriate additions or deductions from the contract total price will be made ai the stipulated unit price.
The owner reseryes the right to reject any and all bids, to waive any informality in a bid, and to make awards in the interest of the Owner.
The contractor shall perform-an independent take off of the plans and bid accordingly. euantities listed in ttre Bid Schedute is.intended only as a guide for the Contractor as to the anticipated order of magnitude of work. The Contractor will be reimbursed for the quantitl' of iterns required by the Contract iocuments and shown on the plans to neat line and grade or as actually installed.
The contractor will not be reimbursed for work performed for its convenience, or as required to adapt to field conditions, or work outside of that required by the Contract Dogumenrs.
The cost of all labor, nraterial and equipment necessary for the completion of the work itemized under this schedule, even though not shown or specified, shall ie included in the unit price for the u*iou, items shown herein.
BIDDING SCHEDULE
Item
NP; Item Descriptign Unit Quantity Ulit Pricer Totil Priib I Mobilization LS I $Wo,aao ' gVaoroa."
2 TrafFrc Control LS I gL\9,ao"'- g Zl€Pa"--
J Stormwater Pollution Confol LS t gl(lroo" - g l0roo"' - 4 Clearing and Grubbing LS I g\S-o, et"o,- $ lsz oo't - 5 Potholing LS I $44,0o"'
^
$ 44 ,oo"
6 Via Real: Remove Outlet Structure EA 2 g, \3 1 e'oo g ZQto"' - - 7 Via Real: Remove Concrete V-Ditch LF 330 $ sz-- g l'r,, lbo 8 Via Real: Bioswale Grading LS I g 33Ll ,ood g 33tl ,oao ' ^ 9 Via Real: Bioswale fuprap EA 3 g\\,Naa.- g 35,Qot'-
t0 Via Real: Bioswale Chain Link Fence LF 1,250 $10' g l\7,Soo, ^ ll Via Real: Bioswale Reinforced
EA 2 $t€t7qo. - g 30,48"' -
12 Via Real: Bioswale Reinforced
Channel EA I gj3,9ao' - g i318o" --
I3 Via Real: Bioswale Landscaping LS I gL3orooo -- g LSoroee '- t4 Via Real: 36" RCP Outlet Structure LS I g7l,(tro ,* gLt76eo- - l5 Via Real: Cwb Opening Catch Basin EA 2 $ \j,&ao '- $a''t, zPo ' *
l6 Via Real: Grating Catch Basin and
RCP to Basin EA 2 g\3,Aoo'- gZl,Zoa ''
t7 Via Real: RCB (48,'x24') LF 55 $7,7,,,* $ tZll bo€, - l8 ViaReal: RCB Dual e6\A4,) LF 60 $ 3rloa ' - gle6r6oc'- l9 Vial Real: Outlet Stucture (4g'\J4,) LS I $31,A*'- gZl,8"'' ' 20 ViaReal: Dual Structure
LS I g\L,7oo -* $ )ZrLte
2t YiaReal: Minor Concrete- Curb,
Sidewalk CY 210 5l,oo3 gZlO, aso - '
22 Via Real: Minor Concrete- Curb Ramp EA 5 gL15oo ' - g \?,-Sac ' - 23 Via Real: Minor Concrete- Driveway
EA 2 $\b,ow.- $ 31, ooo
24 Poplar Street: Relocate Street Light EA I g, e €,a,.. g, €{raoo 25 Poplar Street; Relocate Water Main LS I g \\o,3ac, - $116t3oo' - 26 Poplar Street: Bioretention Basin
LS I g,VG,Ioo, -
$ Uo/1ao'
'
27 Streel Bioretention
Emergency Overflow
Poplar
Spillway and LS I f 18,loa.* g la,loo '
'
28 Poplar Skeet: Bioretention Basin
.!q4Ldscaping LS I g\,oao'- gf,aoo'
29 Poplar Street: Precast Drop Inlet wittr
Racks LS I $11,1oo' - gt!,foo'*
30 Poplar Street: Curb Opening Catch
EA I 5\\raoo ' - $\3roaa'-
31 Poplar Sheet: lE', RCp Storm Drain LF t4 $ Lb| '- $3/1{L.' 32 Poplar Street: 30" RCp Storm Drain LF 550 9,5n,- $LQs,ttgo . - JJ Poplar StreeVViaReal:21" SD LF 5l s\oo"- 5e ,bo
34 Poplar Steet/Via Real: 36" RCP Storm LF ll0 sbXo'* g,151loo' *
35 SheeVVia Real : Concrete Collar Poplar
for 36' EA I g,Q,l6o '*
$ b,lso '-
36 Poplar Sheet: Storm Drain Manhole EA J gTllooe '- $ 03,ot'o 37 Poplar Street: Minor Concrete- Curb,
and CY l3 gl1(t17.- g 7\rB ol .'
38 Relocate Sign EA I $ 300. - S 3oa.-
39 to
Adjust Utility Box, Water Valve Cover
and uriliry Manhole Frame and Covers LS I gW,oe,'' \-L , ooo
'
4A Erosion Control LS I $lo, oao'' $ lbroac --
4l Traffic Striping LS I $ {,aao '- $ e'rooo, "
42 Construction Project Funding
LS I $ Lpoo. - $ 7rooo,"
43 8" VCP Terminal Cleanout Stuchue LS I $ €,gsv . "
$ €8,9o r
/.
TOTAL BID $3/l\0, LlL$,*
Total Bid (in
loll^'s or)
The award of bid will be based in part on the lowest Total Bid in the Bidding Schedule. The specific unit prices shall if there is a mathematical discrepancy in the figures, The Contractor shall notif, flre Engineir prior to construction, difference between estimated quantities and actual quantities. 74ro
govern
ofany
r,tttls
The Ownerreserves the right to increase or decrease the quantity of any item or omit items as may be deemed necessary due to budget limitations or constraints, and the same shall in no way affeot or make void the contract, that appropriate additions or deductions from the contract total price will be made at the stipulated unit price.
Company
Lastitlo ,(ra:d*rf
The condition of the above obligation is such tlrat whereas the principal CARPINTERTA has submitted to THE cITy oF a cerlain bid made a part of this bond to enter into ".ontr"ri Project in writing, for the Via Real stormwater BrD BOND (10%)
PROJECT: Via Real Stormwater project
KNOW ALL BY THESE PRESENTS, tlrar wq rhe undersigned,
as hincipal, and
hereby held and firmly bound unto TIIE CITYOF
executors, administrators,
Atrrta as Sure$r, are
(hsrein8ff€r "Ownef) in the penal sum of for the payment of which well and truly to be made, we jointly and TORO rNc,
succcssorg and assigns. Signed this 2nd day of
Trarrelers Casualty and Surety Company of America
Surety
By:
M"y , ZO*U._
NOw'THEREFORE,
IN WITNESS WHEREOF, the Principal and the
corporations have caused their corporate seals to be affixed and year first set forth above.
TORO ENTERPRISES tNc.
Principal
By:
SEAL
Surety have set their hands and seals, and such ofthem as are and these presents to be signed by their proper officers, the day (a) Ifsaid Bid shail be rejected; or in the alternate,
(b) If said Bid shall be accepted and the Principal shall, within the time and in rhe manner required in the "Notice Inviting Bids" and "trnformation foi nidaersr" u*"*t" and doliver a oonbact in flre Fono of the Agreement bound within the contract Documents lpropeily completed in accoroarse with such Bid), shall tumish a bond for irs faithtul performance ortu.r,'[nir.iand ior the p.y;il;i;t persons performing labor or firnishing materials ln connection with such *ntr..t, shall firmish the required certificates of insurance snd endonements and shall in all other resp*ts;o"* th" agre"."nicreateo uy the acceptance of such Bid; r ---- r' then
agreed
this
that
obligation
the
shall be void' otherwise the same shall remain in fult force and effect; it being expressly understood and this obligation
liability of the surety for any and all claims under this iono ,r,urr, in no event, exceed the penal amount of as stated. way impaired
The Surety,
or
for value received, stipulates and agreos t-hll,rt: obligations of such surety 8nd its bond shall be in no noticeofanysuchextensior'
affected by any extension ortne time wiihin vrhich the-o-iler may accept such Bid; and such surety waives Intheeventsuitisbroughtup""thirb""dlt6wneranaovmerprevails,principalandsurety shall pay all costs incurred by owner in such suit, including reasoouur" "t[r."yr, &cs and cost to ue nxea uy rho court
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ctvtlcoDEs 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, orvalidity of that document.
State of California,
County of Ventu ta, rl
On me, Tvson Risino Nolarv Prrblic
Here lnseft Name and Title of the Officer
personally appeared Sean Castillo
Nane/4 of Signe(lf
who proved to me on the basls of satisfac{ory evidence to be the p€rson(fl, whose name$l lslde subsgribed to the wittrin instrument and acknowledged to me that helstfe^frgy executed the same in his/Ddr/thtfr authorized capaolty096t, and that_by hisfhfrftlfii signature(qfon the in-strument the person(/), or lhe bntity rlpon behalf of which the person(f acted, executed the lnstrument.
I ceiliff under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
z
v
o
Signature
Public
_...._...._.:!::_:.I3j:3..:3'_:.:::?_.__..._....0pilorvAr Though this section is optional, completing this infomation can deter alterafion of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Date:
Number of Pages: _1 _ Signer (s) Other Than Named Above:
Capacity(ies) Clalmed by Slgner(s)
Signe/s Name Sean Castillo Signe/s Name:
E! Corporate Officer - Title(s): President tr Corporate Officer - Title(s):- trPartner - o Limited o General
tr Individual o Attorney in Fact
El Trustee n Guardian or Conservator
tr Partner - o Limited tr General
o lndividual n Attorney in Fact
tr Trustee trGuardian or Conservator
o Other: u Other:
Signer ls Representing: Toro Enterorises. lnc. Signer ls Representing @2014 National Notary Association . www.NationaiNotary.org . 1-800-US NOTARY (1-800-876-6827) ltem #5907 A notatv p u blic or othe r office f compl eting this certificate ve rifies only the identity of the individual who signed the docu me nt to which this certificate t5 attached, an d not the a ccu o r valid of that docume nt.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
state of California
County or Los Angeles
o' MAY 0 2 202{ before me, D, Garcia, Notary Public
Date Here lnsert Ndme ond Title of the Officer
crvtl coDE s 1189
Personally appeared Ethan Spector
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(;l whose nameft) isfpp subscribed to the within instrument and acknowledged to me that he/gt6me{execut;; the same in frGftifihgtrauthorized capacityffi),andthatbyhisftg{Xffisignatureft) ontheinstrumentthepersonft), ortheentityuponietratiof which the personft) acted, executed the instrument.
I certify under PENALTYOF PERJURY underthe laws ofthe
State of California that the foregoing paragraph is true and correct,
D. WITNESS my hand and official
coMM, #2354770
Notaty
Los
Publlc - Callfornla
Signature
of Notory Public
Place Notary Seal Above
oPf,oNAL_-_*
.
Though this section is optionol, completing this information con deter olteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document Document Date
Number of Pages Signer(s) OtherThan Named Above
Capacity(ies) Claimed by Signer(s)
Signer's Name Signer's Name trtr
Corporate Officer-Titl e(s)
Pa rtner
fl Corporate Officer-Tit le(s)
z
A
o
I tndividuat
Limited I General
Attorney in Fact tr Gua rdian or Conservator
tr
tr
n
,E
trtrtr
n
trtrtr Trustee
Partner
lndividual
Trustee
Other
Limited General
Attorney in Fact
Guardian or Conservator
Other
Signer ls Representing _ Signer ls Representing
^-. TRAVELERSJ
Travelers Casualty and Surety Company of America
Travelers Casualty and Surety Company
St. Paul Fire and Marine Insurance Company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marino lnsurance Company are corporations duly organiied under the laws of the State of Connecticut (herein collectively called the "Companles"), and that the Companies do hereby make, conslitute and appoint Ethan Spector of LOS ANGELES , Callfornia , their true and lawful Attomey(s)ln-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the pertormance of contracts and executlng or guaranteeing bonds and undertakings required or permitled in any actions or proceedings allowed by law. lN WITNESS WHEREOF, lhe Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021_
State of Connecticut
City of Hartford ss
On this the 2'tst day of Aplil, 2021, before me personally appeared Robert L. Raney, who acknowledged himsetf to be the Senlor Vice President of each of the Companies, and that he, as such, belng authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized offtcerlN WITNESS WHEREOF, I hereunto set my hand and oflicial seat, My Commission expires the 30th day of June, 2026
This Power of Attorney ls granted under and by the authority of the following resolutions adopled by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows:
RESOLVED' that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vlce President, any Second Mce President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Diroctors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice chairman, any Executive Mce President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more oflicers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Mce Chairman, any Executive Mce President, any Senior Vice President or any Vice President, any Second Mce President, the Treasurei, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretiry or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescdbed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facslmile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidenis, Resident Assistant Secretaries or Attomeys-inFact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature orfacsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valld and binding on the Company in the future with respect to any bond or understanding to which it is attached.
l, Kevin E, Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certiry that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect.
Datedthis oayorflff 022g2l
/* { /4*t*.
, Kevin E. Hughes, Assi6lant Secretary
To vertfy Hre euthenticity of this Potaer of Attorney, please call us at {-8OO-421-388O, Please refer to the above-named Attorney(s)-ln-Factand the details of the bond to which this Powerof Attorney is attached.
Byi
P
tldlaY
-lo
FUgLlc
PROJECT: Via Real Stormwaterproject
Bidder hereby certifies that it has reviewed the inswance coverage requirements in the contact Documents. Should it be awarded the contract for the Project, Bidder further certifies thuiit "an
meet all the contact Documents requirements for insurance including insurance cover€e of its subcontactons. ,
BIDDER'S STATEMENT REGARDING
INSURANCE COVERAGE
Bidder
Dated
$e.",n f
Title ^.1:nr,
S43 -z-t(
By
LIST OF SUBCONTRACTORS
Section 4l0l of the Public Contract Code requires the Bidder to list below the name and the location of the place of business of each subcontractor who will perfonn work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State who, under subconhact to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of I percent (.5%o) of the prime contactor's total bid. The Bidder shall also list below the portion of the Work which will be done by each subcontractor under this Contract. The Bidder shall list only one subcontractor for each portion as is defined by the Bidder in its Bid. The Bidder shall perform not less than forty percent (40 V") of the Work with its own forces (i.e., without subcontracting). The forty percent requirement shall be understood to refer to the portion of the Work, the value of which totals not less than forty percent of the Contract Price.
Failure to comply with this requirement will render the Bid non-responsive and may cause its rejection, Note: Attach additional sheets if required.
Work to be Performed Subcontractor's
Licerise Number
Subcontactor's
DIRNumber
Percent ofTotal
Bid
Subcontactor's Name
& Address
LanrJsunri^2 \ooq6sg loooouLt6tt 107 $,t6,,t'rr 6,oct s* | qtlg..'i' W V3.a,c"r';lloolsoll
Cho.;alink {enot 766t 1s looooct llzs- ffil.e)
bv.
fiw A'nsI'u+uoo
Eq.clvca ZI/(?
g'a\na Qr,l)cn+u&/o4 q
pel,oonlt St,oa*
c-\lr11zzll5 loooooo lll \€/ Tcrll ELcot n'r,
C"ml<nY ) lbq.l '
6atI,"i^ A'tA vc"{"a,
Ln qAoo9
BIDDER'S LICENSE AIID E)(PERIENCE STATEMENT
The Bidder shall furnish the following information. Failuri,tg csmbty with this reouirement will render the bid inf,ormal and r.nay caqse its rejeclion. Additional sheets may Ur utt d to the Bidder, then the legal address described below shall be used for all communications and notices with the Bidder.
Biddgr hereby certifies that it has reviewed the insurance coverage requirements specified in the contract Documents. Should it be awarded the contract for the work, Bidder further certifies-ttrat it can me€t all the Contract Documents requirements for insurance including insurance coverage of its subconhactors. (l) OOOnu,
Oqnat zl, t dw.-E-
(2) Type of Firm: Individual _
parhership _ Corporation *.
(3) Telephone:
Facsimile:
Bidder's License:
Qes - llgz -zdot
(4) Primary Class:
License No:
Expiration Date:
DIRNo:
The Bidder is required to hold a valid Class A contactor's license at the time of bid, when the contract is awarded, and for the duration ofthe Contract.
Supplemental classifications held, if any:
Names and titles of all members of the frm:
3t
(5)
(6) Number of years a contractor in construction work of this type: ^ ( yCCtrS (7) live comparable projects recently consffucted by Bidder:
(Bidder shall also include its subcontactor's experience for all types of work covered by its bid. Additional sheets may be used.)
PROJECTNO.l
OwnerName:
Contact Name:
Contact Address:
Telephone:
Contract Amount:
Date Started:
Date Completed:
Design Engineer:
Contact Name:
Contact Address:
I ol
Telephone:
Construction Manager:
Contact Name:
Contact Address:
Telephone:
6os- Ctlu - 1tl O7
+
13,">z
PROJECTNO.2
PROJECTNO.3
PROJECTNO.4
Owner Name:
Contact Name:
Contact Address:
Telephone:
Contract Amount:
Date Started:
Date Completed:
Design Engineer:
Contact Name:
Contact Address:
t,{y al c "ruA
3oo t4t Th:tA s+roxnadrco qjoro
Telephone:
Construction Manager:
Contact Name:
Contact Address:
Telephone:
OwnerName:
Contact Name:
Contact Address:
Telephone:
Contract Amount:
Date Started:
Date Completed:
Design Engineer:
Contact Name:
Contact Address:
Telephone:
Construction Manager:
Contact Name:
Contact Address:
Telephone:
.fr UrllSr3.ll
)lzozo
i / >azo
,Cr-t-1a4-z
lt/zoza
3*anlaz
haa - za> - L
soL- 76L- QBtz
3o
a
*
OwnerName:
Contact Name:
Contact Address:
Telephone:
Contract Amount:
Date Started;
Date Completed:
Design Engineer:
Contact Name:
Contact Address:
Telephone:
Construction Manager:
ContactName:
Contact Address:
Telephone:
PROJECTNO, s
OwnerName:
ContaotName:
Contact Address:
Telephone:
Contract Amount:
Date Started:
Date Completed:
Desiga Engineer:
ContactName:
Contact Address:
Telephone:
Construction Manager:
Contact Name:
Contact Address:
Telephone:
$cs-- 2alD
(8) List of References
The following information should. containp€rsons or entities familiar with the Bidder,s work. All five referenceq shall be provided and all information listerd must be completed:
1 )
Name ofAgency:
Agency Address and Telephone
Contact Person:
Type of Construction project:
Contract Amount:
Name of Agency:
Agency Address and Telephone
Contact Person:
Type of Construction project:
io*
J
4 5
Contract Amount:
Name of Agency:
Agency Address and Telephone
Contact Person:
Type of Construction Project:
Contract Amount:
Name of Agency;
Agency Address and Telephone
Contact Person:
Type of Conshuction Project:
Contract Amount:
Namo of Agency:
Agency Address and Telephone
Contact Person:
Type of Construction Project:
Contract Amount:
Loccp, lb,"ctrl
W *u Sytlver ftq ?mucaua ls
dl looT,Tn
LolrrrL tt venlun^
/ hrS l#r b*r W
C,]h o9 kbnJalo
82gr
6a,ua:t flott
Air...lar.o& r& ara.hr vetp
a 21ti-33to77 -
Ca)ac1t
(9) Date and person who inspected site of the proposed work for your firm:
Name:
Date:
(10) The Bidder represents that it has personally examined the site, carefirlly read the Contract Documents and satisfied itself as to its ability to perform the work for the project, including all attending difficulties. (l l) The Bidder aclanowledges by affixing its signature hereto, that it is aware of any and all representations made herein, which are made under the penalty of perjury.
Name of Bidder:
Sigaature of Bidder:
PrintName and Title: t
STATE OF
COUNTYOF
NONCOLLUSION AF'FIDAVIT
(TO BE EXECUTED BYBIDDERAND SUBMITTED WITH BID)
)
) SS:
)
r,il", Seqn &a{i llo, ?ros ; haland swom to before me this (SEAL)
being first duly swom, deposes and says that he or, she is (re.i&ul of of, any
the party making the foregoing bi4 that &e bid is not made in the interest of, or on the behalf p€rson, parhership, company, associatiorl organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyon€ else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agr€ement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or ofthat ofany other bidder, or to secrtr€ any advantage against the public body awarding the contract ofanyone interested in the proposed contact; that all statements contained in the bid are hue; and furtheg that the bidder has not, -directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative t}ereto, or paid, and will not pay, any fee to any corporation, partrership, company association, organization, bid depository , or to any member or agent thereof to eflectuate a collusive or sham bid."
(Signature)
*ou, or
I
z
n
o
,orn,a
20a5
lffitF'.dEa
**7{0680 BcoRP
*- TORO ENTERPRISES il'lG
*^igffiF:#r* @
-r.rAC31 :-hE 0U31/2025 wwvv'ctlb'ca'gov#
ATTACHMENT C
Gonstruction Contract for Toro Enterprises, lnc
CONTRACT
PROJECT: Via Real Stormwater Project
AMOUNT OF CONTRACT: $3.116.428.00
THIS AGREEMENT, made and entered into this 8th day of July, 2024,by and between the City of Carpinteria (hereinafter referred to as "Owner") and Toro Enterprises, hereinafter referred to as "Contractor".
IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS AND CONDITIONS SET FORTH BELOW, THE PARTIES AGREE as follows:
ARTICLE I: GENERAL
Contractor agrees to perform and complete in a workmanlike manner all work required under the Bidding Schedule of Owner's Contract Documents entitled Via Real Stormwater Project and in accordance with its Specifications and Drawings, to furnish at its own expense all labor, materials, equipment, tools, transportation, and services necessary therefor, except such materials, equipment and services as may be stipulated in the Specifications to be furnished by Owner, and to do everything required by the Agreement and the Contract Documents, for the sum of Three Million One Hundred Sixteen Thousand Four Hundred Twenty-Eight Dollars andZero Cents ($3,116,428.00).
ARTICLE II: PAYMENT
For furnishing all said labor, materials, equipment, tools, and services, furnishing and removing all plant, temporary structures, tools, and equipment, and doing everything required by this Agreement, the said Specifications, Drawings and other Contract Documents; for all loss and damages arising out of the nature of the work,, or from the action of the elementso or from any unforeseen difficulties which may arise during the prosecution of the work until its acceptance by said Owner, and for all risks of every description connected with the work; for all expenses resulting from the suspension or discontinuance of work, except as are expressly stipulated in the Contract Documents to be borne by Owner and for completing the work in accordance with the requirements of the Contract Documents Owner will pay, and said Contractor shall receive, in full compensation therefor, the above named price.
ARTICLE III: CONSIDERATION
Contractor agrees to perform the work according to the terms of this Agreement for the abovementioned price and owner agrees to pay Contractor at the time, in the manner, and upon the conditions stipulated in the Contract Documents. Owner and Contractor, for themselves, their heirs, executors, administrators, successors, and assigns, do hereby agree to the full performance of the covenants contained in this Agreement and in the Contract Document.
ARTICLE IV: WAGES
The general prevailing rates of per diem wages and general prevailing rate for holiday and overtime work in the locality in which the work is to be performed have been determined by the Owner. Said general prevailing rates of per diem wages are incorporated and made a part of this Agreement. The Contractor agrees that it, or any subcontractor under it, will pay not less than the foregoing specified prevailing rates of wages to all workmen employed in the execution of the Contract.
Any contractor who is awarded a public works project and intends to use a craft or classification not shown on the general prevailing wage determinations, may be required to pay the wage rate of that craft or classification most closely related to it as shown in the general determinations effective at the time of the call for bids.
ARTICLE V: HOURS AND WORKING CONDITIONS
The Owner is a public entity in the State of California and is subject to the provisions of the Government Code and the Labor Code ofthe State. It is stipulated and agreed that all provisions of law applicable to public contracts are a part of this contract to the same extent as though set forth this Agreement and will be compiied with by the Contractor.
ARTICLE VI: CONTRACT TIMES
The Work shall be completed within 120 working days from the commencement date stated in the Notice to Proceed.
ARTICLE VII: LIQUIDATED DAMAGES
Owner and the Contractor recognize that time is of the essence of this Agreement and that the Owner will suffer financial loss if the Work is not completed within the time specified in Article 2, plu"s any extensions thereof allowed in accordance with the terms of the Contract Documents. The parties also recogniz.-thut ttt. amount of Owner's actual damages in the event of such delays are impractical and infeasibie to determine at this time. Accordingly, the Owner and the Contractor agree that as liquidated damages for delay (but not as a penalty), the Contractor shall pay it i O*n.. $700 for each day that expires after the time specified in Article 2, plus any eitensions, until actual completion of the Work. The payment of liquidated damages pursuant to this Article is for the limited purpose of compensating Owner for the costs and expenses associated with the delay in receiving the benefits and use of the Work and not for oi-her damages that may be incurred by the Owner. The Contractor's responsibility for or payment of liquidated damages shall not in any way preciude the Owner from pursuing any of its other remedies under the Contract Documents or Laws for the Contractor's failure to complete the Work in a timely manner or otherwise satisS its obligations as required by the Contract Documents.
ARTICLE VIII : ASSIGNMENT
No assignment by a party to this Agreement of any rights under or interests in the Contract Documents will be binding on another party without the written consent of the party sought to be bound; and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.
Owner and Contractor each binds itself, its successors, assigns and legal representatives to the other party, its successors' assigfis and legal representatives in respect ofall covenants, agreements and obligations contained in the Contract Documents.
ARTICLE IX: COMPONENTS oF AGREEMENT
The Notice Inviting Bids, Information for Bidders, Contractor's Bid, Bid Certificates, Bidding Schedule (2 sheets), Bid Bond or other acceptable guaranty, Bidder's Statement Regarding Insurance coverage, List ofSubcontractors, Bidders License and Experience Statement, Noncollusion Affidavit, Agreement Certificates, Material and Labor bond, Performance Bond, Certificate of Compliance, Worker's Compensation Certificate, Notice of Award, Acknowledgment of Notice of Awardo Insurance Endorsements, Sole Proprietor Statement, Escrow Agreement for Security Deposits in Lieu of Retention, Notice to Proceed, Closeout Agreement and Release of Claims, Insurance Specifications for Construction Contracts, Labor Provisions, General Provision Modifications (incorporating Provisions, Standard Specifications for public Works Construction (latest edition), as modified), Special Provisions, Statutory provisions, Specifications, Drawings and all Addenda issued by the owner with respect to the foregoing prior to the opening of bids, are hereby incorporated in and made part of this Agreement.
IN WITNESS WHEREOF, this contract has been executed on the day and year first above written.
APPROVED AS TO FORM: BUSINESS TAX COMPLIANCE
Jena Shoaf Acos, on behalf of Brownstein
Hyatt Farber Schreck, LLP Acting as City
Attorney of the City of Carpinteria
APPROVED AS TO CONTENT:
Licette Maldonado
Business Tax and Permit Inspector
OWNER
City of Carpinteria, a Municipal Corporation
By
Al ehrk, Mayor
CONTRACTOR, Toro Enterprises, Inc.
By
Sean Casitllo
John L. Ilasin, P.E.
City Engineer
ATTEST
Brian C. Barrett, CMC, CPMC
City Clerk
President
AGREEMENT CERTIFICATE
(if Corporation)
STATE OF
COUNTY OF
SS:
I CERTIFY that at a meeting of the Board of Directors of )
)
)
a corporation existing under the laws ofthe State of held on 20_,the following resolution was duly passed and adopted:
,&S
President
of the Corporation, be and is authorized to exedute the Agreernent dated 20-', between the City of Carpinteria and this corporation and that its execution, attested by the Secretary of the Corporation, and with the Corporate Seal affixed, shall be the official I further certify that said resolution is now in full force and effect. act and deed ofthis Corporation."
20 IN WITNESS WHEREOF, I have set my hand and affixed the official seal of the corporation this _, day of Secretary
(SEAL)
'RESOLVED, that _
ATTACHMENT D
Agreement for Cannon Corporation
.4#*a,
GINAL
ffi
Proposal Contents
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Appendix
Executive Summary
Firm Background
Contact Person
Existing and Past Financial Relationships
Su bconsu lta nt
Proposed Service Organization
Key Personnel
Organization Chart
Qualif ications
Why Cannon?
Experience and References
Approach to Scope of Services
Schedule of Worl<
Estimated Hours
Resumes
Jason Dane, Engineering Technician
Public Works Department
City of Carpinteria
5775 Ca rpinteria Avenue
Carpinteria, CA 93013
July t4,2022
Subject: Proposal for Consulting Construction Management Services for the Via Real Stormwater Project
Dear Mr. llasin:
The improvement of the drainage system along Via Real between Carpinteria Creek Drive and Poplar Street will help reduce localize flooding in the area and improve stormwater quality along Carpinteria Creek. lmprovements to this drainage system consists of constructing bioswales, a bioretention basin, and landscape improvements; installing storm drain improvements, such as reinforced concrete pipes (RCP), reinforced concrete boxes (RCB), concrete v-ditch, concrete channels, etc., removal and replacement of concrete sidewalks, curb, gutter, curb ramps, and driveway approaches; relocation of an existing water main.
For 46 years Cannon has provided construction management, inspection, and design services for projects including storm drain improvements, water infrastructure upgrades, and development of City facilities.
Specifically, Cannon has expertise with the construction of each element or feature present in this project, as well as traffic control, stormwater pollution control, and labor compliance.
As Cannon's Resident Engineer and Construction Manager, I will be the City's primary construction representative and, along with Cannon's construction management team, provide services to the City of Carpinteria as described in the Request for Proposal.
The following proposal demonstrates our experience and proposes a team of key personnel we are confident will best meet the City's needs. I am available to answer questions through the contact methods provided below, or to further discuss this proposal. On behalf of the Cannon team, I am pleased with the opportunity to continue to serve the City of Carpinteria. I hope to speak with you and your staff in detail soon.
Sincerely,
Ernie Ferrer, PE, QSD/P No. 78037
Senior Resident Engineer
t 80s.s44.7407 Q 80s.6s7.73s8
X [email protected]
305 South Kalorama St., Suite A, Ventura, CA 93001
Pat Riddell*, PE, CPll, QSD/P No, 72034
Director, Construction Management Division
t 80s.544.7407 g 80s.5s7.73s8
X [email protected]
305 South Kalorama St., Suite A, Ventura, CA 93001
*Mr. Pat Riddell hos official outhority to bind the company.
Consulting Construction Management Services for Via Real Stormwater Project Cannon 2 Executive Summary
Cannon Corporation- Providing Reliable Responsive Solutions since 1976 Firm Bacl<ground
Cannon has been headquartered locallyfor more
than 46 years, providing construction management,
design, and survey services a range for Central Coast
and Southern California municipalities and agencies,
including the City of Carpinteria (City). As part of the City,s on-call consultant team, we will continue to hone our
understanding of City functions and expand our means of providing excellent customer service.
Our team offers expertise the following services relevant to the City's project:
. Construction management and inspection
. Constructionadministration
. Full Depth Reclamation
. Pavement, street, and traffic improvements
. ADA Compliance
. Regulatory requirements and permitting
Proposed Service Organization
The team we've assembled for this project brings
construction management and inspection, eSD/p
inspection, and labor compliance expertise. Our selected subconsultant, Union Materials Testing (UMT), will
provide materials and acceptance testing services.
Qualif ications
Cannon has had the opportunity to build professional
relationships with many cities, counties, and local agency representatives throughout California, Eighty percent
of our firm's business is from repeat clients who trust in our integrity, as well as our professional competence.
The featured projects and references demonstrate our
expertise and experience in storm drain improvements,
bioswales, curb and gutter, waterline replacement, utility work and coordination, permitting, and labor compliance.
Approach and Scope of Services
We have addressed several specific considerations to
consider for the successful completion of this project. Our construction management and inspection services scope
of work is based on the RFP, which we propose to provide in the following proposed phases of the project:
r Pre-construction
o Construction
. Post-Construction
. Contingency Services
Schedule of Worl<
We have provided an estimated schedule to meet the
City's timeline identified in the RFP, with consideration of the following:
. Pending bid advertisement will be followed by
award of a successful bidder, for field work to
(estimated) start in March/April 2023.
. Duration of the construction contract is 1-20 working days, and anticipated for completion in early fall
2023.
Ernie Ferrer, PE, QSD/P Project Manager
Pat Riddell, PE, qSD/P,
cPil
Principa l-in-Charge,
Construction Manager
Todd Bartolome, PE,
qsD/P QSD/P lnspector
Nicholas Andrews Construction lnspector
Christine Kahn, PE
Assista nt Resident Engineer,
Funding, Labor Compliance
UMT Team: Evan Folk Geotechnical Services
Team Member Project Role
Estimatecl Flours
Through researching this project we have developed
estimated hours for each major task, including
subconsultants, to complete the scope of work. Summary
of estimated hours are as follows:
. Totalestimated Cannon hours: 1654 hours
. Pre-construction:32hours
r Construction: 1588 hours
. Post Construction: 38 hours
. Total estimated UMT hours: i.853 hours
Cannon
As a full-service engineering and design, surveying,
construction management firm, we take pride in our
ability to offer clients a broad range of services. Our commitment to providing clients Reliable Responsive
Solutions, whether the project scope is expansive or
more specialized, spans 46 years.
Consulting Construction Management Services for Via Real Stormwater project Cannon 3 Firm Bacl<ground
Cannon Corporation- Providing Relioble Responsive Solutions since 1976 As a full-service engineering, construction inspection
and management, and surveying firm, we take pride in
our ability to offer clients a broad iange of services. Our commitment to providing clients reliable responsive
solutions, whether the project scope is expansive or more specialized, spans almost 46 years. During that time, we have worked with many cities, counties, and agencies
throughout California, including the City of Carpinteria and County of Santa Barbara, to maintain secure
and dependable transportation, water resource, and
wastewater inf rastructu re.
Our in-depth understanding of City procedures, as well
as familiarity with local project sites, will be valuable resources for providing construction engineering services for the City. Our team offers expertise in each area of service that may be needed for upcoming projects:
o Construction management and inspection
o Construction administration
. Full Depth Reclamation
o Pavement, street, and traffic improvements
. ADA Compliance
. Regulatory requirements and permitting
We will provide services for the City primorily from
our Ventura office, supported by our Son Luis Obispo
headquarters. Our office locations include the following Ventura Los Angeles 305 South Kalorama St. 11.900 West Olympic Blvd
Suite A Suite 530
Ventura, CA 93001 Los Angeles, CA 90064
t 805.544.7407 t 310.564.1166
Experience Counts
12th and 21st
Bioswales and culverts
Bioretention basins
Carpinteria Ave. and Pedestrian Saftey lmprovements, page 8 Curb, gutter, and street improvements
Shell Beach Road
D\.::::18
Storm drains, water mains, and pipelines
San Luis Obispo
1050 Southwood Drive
San Luis Obispo
cA 93401
7 80s,s44.7407
Bakersfield
4540 California Ave
Suite 550
Bakersfield, CA 93309
I 661.328.6280
lrvine
L6842 Von Karman Ave.
Suite 1505
lrvine, CA 92606
I949.753.8r.11
lssaquah
L700 NW Gilman Blvd
Suite 100
lssaquah, WA 98027
t42s.677.2323
Point-of-Contact
Ernie Ferrer, PE, MCE, OSD/P
Project / Construction Monoger
305 South Kalorama St.
Suite A, Ventura CA 93001
),1; Ern ieF@ CannonCorp.us
,1) CannonCorp.us
Consulting Construction Management Services for Via Real Stormwater Project Cannon 4 Subconsultant
Union Materials Testing (UMT)
UMT has a state of the art CMT
laboratory located in Ventura
county, cA. Their laboratory
is accredited through AASHTO
and Caltrans and participates in
two proficiency sample testing
programs.
UMT is led by Vice President
/ Co-founder, who has over
2 decades of (QA) materials
testing on major infrastructure
projects, including: soil testing,
slurry seal testing, aggregate
testing, HMA testing, mix design
services, and more.
UMT employs multiple
technicians, creating a diverse
team oftesting technicians that
are ready to work on the City's
project.
Their Quality Assurance Program (eRe1, confirms clients recieve test results and final reports well before their time to review and approve the next monthly contractor pay
estimate.
UMT has hand picked a well educated and highly
experienced testing and inspection staff supported by
the President / Co-founder, who retains decades of direct expe rience in testing, design, inspection, non-distructive forensic investigation, and managing major public works projects.
Local and California Coastal Commissions
(CCC) Jurisdiction Projects
Cannon has been headquartered locally for more than
46 years, providing a range of project support services from concept, to design, to construction managment
for Santa Barbara County municipalities, including
the City of Carpinteria. We continue to hone our
understanding of City functions and expand our means
of providing excellent customer service. The map in
figure L summarizes our experience in the City and CCC
Ju rsidiction.
Figure 1. local and CCC Project Summary
s^N tut$
Gran
' Vgt{Trt nt
aa
LEG END Carpin
I City Projects
! Ottrer MLrnicipality or Agency Projects
Cities
' City of Carpinteria
. City of Santa Barbara
. City of Santa Maria
. City of Lompoc
. City of Goleta
. City of Guadalupe
. City of Solvang
. City of Buellton
. City of Ventura
. City of San Luis
Obispo
. City of Pismo Beach
. City of Grover Beach
. City of Arroyo Grande
County of San Luis
Obispo
Casitas Municipal
Water District
Goleta Water District
Counties
County of Santa
Barbara
County of Ventura
Districts and Agencies
r Carpinteria Sanitary
District
. Montecito Water and
Sanitary Districts
a a
I
a
a
Why choose
UMT?
Certified
Tech n icia ns,
including ACl,
NICET, Caltrans,
ISSA, NHI.FHWA,
and ICC
AASHTO
Accred ited
Ca ltra ns
Accred ited
Accurate Results
State-of-the-Art
La boratory
Timely Reports
i
l
8Afl TT
03 Existing and Past Financial
Relationships
Neither Cannon nor our subconsultants have past or
present agreements or interest with current members
of the City Council, City staff, or entities for which said members are employed.
Consulting Construction Management Services for Via Real Stormwater project Cannon 5 Proposed Service Organ tzation
Organizational Chart
W of C"rpinlcrka
Assistant Resident Engineer
and Labor Compliance Officer
Christine C. Kahn, PE
No. 4L877 - BS, Civil Engineering,
Ca I iforn i a Polyte ch n ic State
University, Son Luis Obispo, CA
Principal-in-Charge
Patrick Riddell, PE, CPll, QSD/P
No. 72034 - BS, Environmental
E n g i nee ri ng, Co I iforn ia
Polytechnic State University, San
Luis Obispo, CA
Construction I nspector
Nicholas Andrews
MS, Geotechnicol
Engineering, U niversity of
Colifornio ot Los Angeles,
Los'Angeles, CA
SWPPP Compliance Officer
Todd Bartolome, PE, QSD/P
No. 86L98 - BS, Construction
Engi nee ri ng, U nive rsity of
Nebraska, Lincoln, NE
Key Personnel
Project / Construction Manager Ernie Ferrer, PE, MCE, QSD/P With more than 30 years of experience in construction management and civil and sanitary engineering, Mr. Ferrer offers expertise in project management services. He has provided design and construction services for various capital projects, including streets and transportation, water resources, wastewater, facilities, stormwater, parks and recreation, coastal, and public art. Mr. Ferrer works in close coordination with numerous local, state, and federal regulatory agencies throughout Southern California to acquire construction permits for various projects.
Principal-in-Charge Pat Riddell, PE, CPll, QSD/P
Mr. Riddell is an experienced Resident Engineer and Construction Manager of public works projects.
He offers in-depth knowledge of the Caltrans Construction Manual, Local Assistance Procedures and Standard Plans and Specifications, as well as project scheduling, multi-agency coordination, costcontrol methods, construction staging methods and strategies, community outreach, and quality assurance systems. Mr. Riddell has provided both construction management and design for public and private industry projects for more than L5 years,
Project / Construction Manager
Ernie Ferrer, PE, MCE, QSD/P
No.78037 - MS, Civil Engineering,
Norwich University, Northfield, VT
We have provided resumes, including
specific team member experience,
capabilities, and affiliations, in the
Appendix of this proposal.
Union Materials Testing (UMT)
Geotechnical Services
Evan Folk
Subconsultont:
Consulting Construction Management Services for Via Real Stormwater Project Cannon 6 j
r Qualifications
Since 1976, Cannon has been committed to providing engineering services. Our reputation is a direct result of our consistent attention to our clients' needs. Eighty percent df our firm's business is from repeat clients who trust in our integrity, as well as our professional competence. We have the expertise, experience, and capabilities to meet your_ needs as demonstrated in the qualifications and experience detailed in this proposal. However, the real proof of this expertise is found in what our past and current clients have to say:
Chris Dejarme, PE, Senior Civil Engineer, City of Ventura Benjamin A. Fine, Director of Public Works,City Engineer, City of Pismo Beach Summary of Cannon Public Agency Contracts
The following abbreviated list summarizes our selection as a preferred service provider and Cannon's experience as an extension of public agency client's staff for the following government clients:
. City of Carpinteria: On-Call Civil Engineering and
Construction I nspection Staff Augmentation
. County of Santa Barbara: Construction Engineering
and Surveying Services
. City of Goleta: Professional Engineering,
Environmental and Right of Way Services
. City of Solvang: Engineering Services
. City of Santa Maria: Consultant Services
. City of Grover Beach: Construction Management and
lnspection Services
. City of San Luis Obispo: Construction Management,
Civil Engineering, and Surveying
. County of San Luis Obispo: Construction
Management and Civil Engineering
. Nipomo Community Services District: Construction
Management, Civil Engineering, and Surveying
. City of El Monte: Construction Management and
lnspection Services
. City of Thousand Oaks: Construction Observation
. City of Thousand Oaks: On-Call Professional
Engineering Services
. City of Santa Monica: Construction Management and
Land Surveying
. City of Gardena: On-Call Professional Services
. City of Anaheim: On-Call Civil Engineering and
Design Services
. City of McFarland: Civil Engineering (Waste Water
Engineering)
. Los Angeles County Waterworks District, No. 40: Civil Engineering
. City of Los Angeles, Public Works: On-Call Civil
Engineering Services
. City of Atascadero: Civil Engineering
. City of Bakersfield: Plan Checking
. City of Lake Forest: Professional Consulting Services I've found [cannon's] engineers to be extremely professional, diligent, and knowledgeable. I have been pleased with the services provided by Cannon and trust their knowledge and expertise in supporting Ventura with the City's capital improvements.
The city of Pismo Beach has come to expect a high cariber of service from cannon's team. For nearly a decade, cannon has supported our beautiful city in the preservation of safe and steady public infrastructure for residents and tourists alike.
Consulting Construction Management Services for Via Real Stormwater Project Cannon 7 t ;,'5 li;1,:q''r;{ ^rr\r: ',1{
Ca rp i n te ri a, Ccr I iJo rn i o
The Carpinteria Avenue Pedestrian Safety Project
included pedestria n improvements of approximately
7,200 feet of roadwoy frontage along the southwest side of Carpinteria Ave. This project coincided with a separate project to refurbish the City Hall Building.
Cannon was selected to provide design and construction
management services that involved upgrading the existing sidewalks to include ADA access, a new vehicle entrance, and a vehicle pullout for dropping-off children.
The project included pedestrian accommodation for
a future skate park facility proposed for construction
adjacent to City Hall and incorporated a tie-in to the
existing bike path.
Due to the amount of utility crossings and the traffic
volumes on Madera Road, a proposed 20-inch pipeline
was installed via Horizontal Directional Drilling (HDD) using PVC and Fusible PVC pipe. Cannon provided
topographic survey, utility research, structural design of piping on the bridge over the Arroyo Simi, design of the HDD pipe boring lengths, and coordination with Calleguas and end users. The longest boring of HDD was designed
for more than 2,800 feet.
Pismo Streetscape Shell Beach Road rmprovements
Pismo Beoch, Colifornio
I nstallation of Pipeline
-trE{ilt
l.
The Shell Beach Road Streetscape - phase I project
(Project) was a major component of the City of pismo
Beach's overall Complete Street Plan.The well-traveled
corridor lacked multi-modal transportation elements and connections to key destinations. This project involved the construction of a multi-use path placed along the east
side of Shell Beach Road, along the Caltrans right-of-way boundary, to connect the Shell Beach Elementary School
to Dinosaur Caves Park.
The City selected Cannon to provide construction
management, inspection, materials testing, and
administrative services. This project presented unique
challenges in that a significant portion of the work
(approximately 64%l occurred below the surface, in the
replacement of underground utilities (water and storm
drain) and the undergrounding of existing overhead utility lines (PG&E, AT&T, and Charter).
Surface enhancements included ADA-compliant
sidewalks and curb ramps, pedestrian safety and traffic calming intersection bulb-outs, la ndsca ping, streetsca pe furnishings and amenities, lighting, walls and fences, fresh pavement surfaces, striping and markings, and public art displays. We worked closely with field representatives to facilitate the success of Rule 20A undergrounding work.
Completed Shell Beach Road
Project Reference
Eric Eldridge, Senior Engineer
City of Pismo Beach
750 Mattie Rd., Pismo Beach, CA 93449
I8os.173.46s7
X [email protected]
Consulting Construction Management Services for Via Real Stormwater project Cannon 9 Construction Management and Design for 12th Street
Complete Street lmprovements
Poso Robles, Ca I iforn io
Construction Manaqement and Desiqn for 21st Street Complete / Green Street lmprSvements and St6rmwater Enhancement
Poso Robles, Co liforn io
L2th Street was assigned funding for street repair as
part of the recent half cent sales tax measure. lt is
designated as a Tier 2 street, which required more than a simple overlay for repair. The City of Paso Robles desired to redesign 12th Street to reduce future pavement
maintenance costs, improve pedestrian pathways, and
reduce stormwater flow.
The City selected Cannon to provide design and
construction management services to reduce pavement
width; replace impervious areas with low-maintenance
pervious areas; identify solutions to reduce stormwater flow; provide two travel lanes, parking, and sidewalks
on both sides of the street, ADA-compliant ramps and
crosswalks, and Class 3 bike lanes; review potential trafficcalming features; and identify the potential for additional street trees and/or ornamental or bio-swale plantings
within right-of-way.
Historic runoff from the Mountain Springs Creek
watershed along with subsequent development of the
urban areas over the course of several decades resulted in frequent flooding, poor pavement, and inadequate
facilities for bicycles and pedestrian traffic.
Cannon was selected to provide preliminary and final
design; construction ma nage menU ra i I road right-of-way coordination; subconsulta nt coordination; prepa ration of plans, specifications, and construction estimate; and presentation of exhibits and community workshops for
public outreach. We collaborated with the City and
project stakeholders.
12th street built on lessons learned from
21st Street to refine green infrastructure
design details, constructability, seq uencing,
and groundwater recharge approaches. The
focus on big picture communityAruatershed
approach helped the City bundle benefits
into this street rehabilitation project.
Project Reference
Ditas Esperanza, PE Capital Projects Engineer
City of Paso Robles
1000 Spring Street, Paso Robles, CA 93446
I805.227.7276
X DEspera nza @ prcity.com
Consulting Construction Management Services for Via Real Stormwater Project Cannon 10 Mgdjeska Park Underground Storm water Detention and lnfilfration System -- -- Anoheim, Colifornio
An under-sized storm drain was causing extensive
flooding at the 23.5 acre Modjeska park. This
project involved installation of an underground, prema nufactu red infi ltration/detention system; two late ra ls to divert dry weather flow and stormwater into and out
of the infiltration/detention system; and a stormwater
diversion structure to divert flows from an existing 48- inch reinforced concrete storm drain pipe that drains
the 224-acre contributing watershed. The project also
included removal and replacement of an existing asphalt concrete parking lot pavement with pervious pavement.
Cannon provided engineering design services to improve
stormwater ma nagement.
On-Call lnspection and Engineering Services for Developments Co r p i nte ri o, Co I ifo rn ia
The City of Carpinteria issued construction permits
for private land development projects within the City.
Cannon is providing field inspection and engineering
services. Specific projects include the following:
o Sonitation Distict Permit: Compliance and
inspection of the proposed grading and
im prove ments, includ ing site grad ing, erosion
control, foundation, and storm system.
o Foith Lutheran Church: Site and utility inspections,
including sewer, water, and stormdrain; sanitary
sewer/domestic waterline; bioswale and
bioretention basin; curb, gutte6 and street; and
compliance with Santa Barbara County Regulations.
Cannon provided Construction Administration
for this project that involved the installation
of stormdrain, bioswales, gutters, and curb
returns. Project Reference
William (Bill) Grigsby, PE
Principal Engineer Design Services
City of Anaheim
I714J655259
'. wgrigsby@anaheim. net
Cannon has reviewed permitting
requirements and bioretention and bioswale
facilities for the City.
Project Reference
John llasin, PE Public Works Director/City Engineer
City of Carpinteria
5775 Carpinteria Ave., Carpinteria, CA 93013
I 80s.684.s40s
,11 [email protected]
Consulting Construction Management Services for Via Real Stormwater Project Cannon i1 f_ Approach to Scope of Services
Project Understanding
The City of Carpinteria has identified stormwater drainage improvements along Via Real, between Carpinteria Creek
Drive and Poplar Street, to reduce localized flooding and improve stormwater quality along Carpinteria Creek.
The project consists of the construction of bioswales,
a bioretention basin, and landscape improvements;
installation of storm drain improvements such as
reinforced concrete pipes (RCP), reinforced concrete boxes (RCB), concrete v-ditch, concrete channels, etc., removal and replacement of concrete sidewalks, curb, gutter, curb ramps, and driveway approaches; relocation of an existing water main.
Funding for this project is provided through FEMA's
Hazard Mitigation Grant, and the California Natural
Resources Agency's Urban Flood Protection Grant. The
remaining funds is provided with local matching funds.
The City anticipates issuing a notice to proceed to the responsive/responsible low bidder sometime in spring of 2023 with the contract lasting approximately L20 workings days with an anticipated completion date of early fall of 2023.
Through issuance ofthe subject RFQ/RFP, the City
of Carpinteria is seeking the services of a qualified
construction management team to provide construction
management, inspection, materials testing, labor
com plia nce ad mi n istrative se rvices, a nd Stormwate r Pol lution Control Complia nce ad m in istration services for the project. Based on our evaluation of the City's RFQ/RFP, we have identified key elements on the following pages
and in our scope of work that we believe will be critical to the success ofthe project.
Approach and Methodology
At Cannon, we believe it is our responsibility to be the City's representative in all things related to project
construction. To this end, we study the project history, the impetus behind the project, the people involved in
the planning and development process, funding sources
and history, and specific goals and interests of the City Council, local citizens, and the public at large. The City's priorities are our priorities. Our purpose in managing the construction is to protect the interests of the City and promote the goals and objectives of the City through the successful implementation and completion of the project.
The items listed in our project approach provide an
outline of the activities and services that we expect
to provide during construction, and they are allinclusive of the scope outlined in the RFP. As the first order of work, we will develop a unique Coristruction
Management Plan customized to the elements of the
work, plans, specifications, and contractual requirements of the project. We have included an outline and brief
descriptions of the expected work items to be included in the Construction Management Plan.
Critical Success Factors
As a result of our ongoing, detailed constructability
analysis, we have identified the following factors below that will be criticalto the success of the City's project.
Construction Management and Technical
Expertise
We offer the City of Carpinteria expertise in construction management, inspection, and engineering; cost controls; schedule review; communication and documentation;
weekly progress reporting; management of RFI's,
submittals, and change orders; labor and EEO compliance, potential claims management; payment applications; and
more.
Knowledge and experience in the design, construction,
and sequencing of construction and transit center
improvements, roadway construction, paving and
decorative concrete i m prove me nts, uti lity work i nclud ing electrical and lighting, and overall construction work are critical prerequisites for the construction management
team responsible for overseeing the safe and effective
construction of the project. ln addition to being intimately familiar with the project plans and specifications, the construction management team must have a thorough
understanding and background using Caltrans standard
specifications and plans and be knowledgeable in the
latest construction standa rds.
Consulting Construction Management Services for Via Real Stormwater Project Cannon 12 Commun ication Strategy
Communication is essential in successfully avoiding or
resolving problems that may be encountered during the
course of a project. Understanding our role in relation to the roles of the City engineer and design engineer will be a top priority on this project. We will work closely with each of the project stakeholders from beginning to end.
Stakeholders include City staff, the design team, the
construction team, utility providers, Caltrans, the local community and business owners, tourists , and patrons
from surrounding communities. lt is imperative that
the resident engineer stay attuned to how each portion
of the project impacts each of the stakeholders and be
able to communicate effectively (verbally and in writing) in the event adjustments are necessary. On-site staff
is responsible to keep each party informed of project
progress. We will develop clear and concise procedures for communications that will expedite and facilitate project work. Thereby confirming that information is available to the construction team in the shortest possible time.
Construction Schedule (CPM) and Budget
A properly managed schedule is instrumental in
maintaining project progress and establishing a common
basis on which time and cost issues, as well as disputes, may be negotiated. Our construction managers and
resident engineers use critical path method (CpM)
scheduling to review the Contractor's construction
schedule and confirm successful implementation of
the construction projects. Through analysis of the CpM
schedule, we can assess a project's progress. This careful analysis presents opportunities for cost savings as well as opportunities to shorten the construction schedule.
Cost Control and Documentation
The proper control of project costs is directly related to the effectiveness of the management team's methods
of measurement and payment, tracking of monthly
estimates, and negotiation and payment of Contract
Change Orders (CCO). Our procedures and records
are designed to meticulously track project costs, from
measured or lump sum item work to adjustments of
compensation, extra work, retentions, or liquidated
damages. Our method of generating the monthly pay
estimate provides for clear and thorough documentation
of item work, change order work, deductions, payment
of materials on hand, and retention. The item work is
carefully measured prior to making payment, and extra
work will only be provided as authorized by the engineer CCOs are negotiated as necessary based on the nature of change, and a detailed log of CCOs, payments, and current contingency balance maintained and updated throughout
the project. lt is our experience that, whenever possible in cases of disputes, it is always best to negotiate an equitable resolution rather than allow (or force) a
contractorto make a claim. Our Construction Managers
are experienced in the proper application of specifications regarding disputes, measurement, payment, and contract
changes, and they will take every measure possible prior to referring a contractor to make a claim against the
project.
Timely, detailed, and accurate documentation of the
execution and progress of this project is paramount. Done well, written documentation tells the story of the project and brings issues to the forefront for early and quick
resolution. Weekly progress meetings, schedule reviews, processing of RFls, submittals, change orders, etc. will help to facilitate open and complete communications
throughout each project.
ln collaboration with the City, our team will maintain
compliance with established records management
procedures for recording and distributing project
documents. The more complete the documentation,
the more effective the resolution of any problems that
may arise. ln addition, this information can be used to avoid claims if the evidence is sufficient and clear. To efficiently ma inta in project docu me nts, d rawi ngs, contract change orders, contractor submittals, shop drawings, and correspondence, we will use electronic and hard copy
record keeping formats.
Our team uses Procore for our electronic file keeping.
Procore helps drastically increase project efficiency and accountability by streamlining and mobilizing project
communications and documentation. Procore will allow
the project team to access project information (submittals, RFls, photos, plans, specifications, etc.) on the web or various mobile devices from the office and out in the field.
It increases efficiency by allowing the "field" and "office" to share critical documents in realtime and remotely.
Consulting Construction Management Services for Via Real Stormwater project Cannon 13 With Procore the project team can access the information they need, with real time updates and instantaneous
tracking. This leads to more teamwork, less rework, and a smoother project development.
Quality Assurance Program
A requirement of receiving federalfunding for
construction projects is that local agencies must have a current Quality Assurance Program (QAP) compliant State and Federal Standards. Administration of the City's QAP for the sampling and testing procedures to be used during construction will provide assurance that the materials and workmanship incorporated into the construction project
conforms with the contract specifications.
Traffic Control and Public Safety and
Convenience
A key component to understanding this project is
having a solid foundation of knowledge in MUTCD and
Caltrans requirements. Disruptions to the flow of traffic must be kept to a minimum to avoid public discontent
and complaints. We have recent experience with
similar streetscape projects in high traffic areas and we understand the importance of public safety requirements and maintaining traffic flows.
The construction of this project has the potential to impact nearby businesses. To reduce disruption, our team will
be responsible for holding the contractor accountable for providing a clean and safe project site and scheduling the work to limit the inconvenience to the businesses located in, or near, the work site.
ln addition, we understand the importance of coordinating utility and streetscape construction work with public
safety and fire staff so that known emergency routes can be modified while roadway construction is taking place.
ADA Compliance
Compliance with the Americans with Disability Act (ADA) will be critical to the successful completion of this project.
New concrete ramps, sidewalks, and islands will require grades and slopes to be verified and confirmed to ensure ADA requirements are being met. ln addition, the location of new signal poles and signal features, such as pedestrian push buttons (PPB), also fall under requirements of
ADA for clearance, reach, and height requirements. We
have successfully provided construction management
and inspection on transportation projects with similar
compliance requirements.
Construction Management Checklist
Our Construction Management Plan Checklist forms
the basis of Cannon's approach. This is the framework
in which we monitor and enforce contract compliance,
and in which we document and record the thorough
inspections, materials sampling and testing, and other
Quality Assurance procedures required by the contract for the successful completion of a project.
Scope of Work
Proposol Considerations and Assumptions
Cannon understands the following about the Construction Management and lnspection Services for the Via Real
Stormwater d rainage improvements project:
. lt will be advertised for bidding shortly and
commence soon after award of a successful bidder.
Field work is estimated to start in March/April2023.
. The duration ofthe construction contract 120
working days, and anticipated for completion in
early fall 2023.
. Materials Testing Services for Quality Assurance is
required as part of this project. We have included in
our proposal these support services.
Services Provided by the City
We understand and anticipate that the City of Carpinteria (City) will provide and/or coordinate the following related to this project:
. Permitting requirements, right-of-wayaccess
a uthorization, a i r- q ua lity/environ menta I permits, etc., and associated fees.
. Property rights of entry, temporary construction
easements, and any critical coordination with
property owners regarding property issues.
. Lead public outreach. Cannon will coordinate with
the City to reflect the same program and messaging
with the public.
. Plans, specifications, contract documents, etc., in
support of the project.
Consulting Construction Management Services for Via Real Stormwater Project Cannon 14 General coordination and guidance with the various
City Departments, as needed.
Management of the project design consultant and
any design-support services provided by them. We
will fully coordinate and communicate with design
consultant staff, as needed.
Tasl< 1: Pre-Construction Phase Services
We will provide coordination and preparatory tasks
necessary to facilitate the initial stages of the project and kick-off of the construction contract administration, including fi le/document control preparation, coordination meetings, a nd initial critica I submitta ls.
1.1 Review Contract Documents
We will review the construction contract and
specifications to verify that obligations placed upon the Contractor are consistent with the needs and expectations of the City. We will confirm these obligations are sufficient to allow us to work effectively with the Contractor in
the best interests of the City. We will provide our review assessment to the City's Project Manager for discussion and provide potential recommendations regarding the
project.
t.2 Kickoff Meeting
We will arrange and participate in a kick-off meeting to establish a Project Management Team (pMT) consisting
of Cannon key personnel, City and design consultant staff, potential ancillary support consultants, and necessary
utility contacts. The purpose of this meeting is to review construction contract docu ments, cla rify issues, esta blish public interaction, establish working relationships, and review and verify mutual understanding of contract
ad ministration issues.
1.3 Contract Administration, Document Control and
File System Preparations
We will coordinate the details of the file keeping and
document control systems with the City project Manager
Coordination will be provided based on standard public
works procedures, such as the Caltrans Local Assistance Procedures Manual. We will establish and organize the
files and template documents according to the details
and system agreed upon with the City project Manager in preparation for the start of work.
,".4 Conformed Set
We will review the construction plans and specifications and prepare a conformed set of documents -
plans and
Specifications - that include addenda, RFls, Contractor's bid proposal, and contract.
1.5 Submittal Processing
We will establish, with the assistance of the Design
Engineer, a list of the submittals required of the
Contractor. We will coordinate this list with the Contractor to receive and process the required submittals in
accordance with the Contractor's material procurement
and activity schedule. The City will assist in review and approval of submittals that require longer-lead time items, such as poles and cabinets.
1.6 Pre-Construction Conference
A pre-construction conference will be scheduled once
the Notice to Proceed has been issued. We will develop
a pre-construction agenda and submit it to the City for review a minimum of five days prior to the scheduled
pre-construction conference. Appropriate parties will be invited, including the Contractor, City staff, project design consu lta nt, a nci lla ry su pport consu lta nts, other involved entities, and utility companies. We will review with the Contractor, on an overall basis the plans and specifications for the Contractor's work and the interrelationship
with other work that will take place in the construction vicinity. This review will confirm the Contractor's full understanding of the project,
We will distribute meeting minutes to attending parties.
The meeting will include the Contractor's responsibilities, including project points of contact, emergency contacts, com m u n ication, safety/traffic control, pu blic relations, permit and environmental requirements, site access,
agreements, labor compliance, order of work, materials
certification, weekly meetings, submittals and RFI's, quality control, stormwater pollution controls, procedures for
handling extra work or change of conditions, establishing partnering session work or change of conditions, schedule updates, progress pay requests, highlighting any critical construction items specific to this project, dispute
procedures, etc.
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Consulting Construction Management Services for Via Real Stormwater project Cannon 15 Tasl< 2.O: Construction Phase Services
During this phase, Cannon will provide complete
construction ma nage ment se rvices, on-site inspection a nd observation of the physical construction activity, and the services necessary to administer the project. Our team
will provide sufficient coverage for the scope needs of the assignment, while adhering scale/budget constraints of the project. The Resident Engineer role will be fulfilled by Ernie Ferrer, of Cannon with a roster of potential staff inspectors, as additional staff coverage is needed.
2.t Coordination of Contract Execution
We will work with the City to determine a mutually agreed upon schedule to mobilize to the project the construction management and the inspector roles, based upon the
start of work and initiation of activity by the Contractor.
We will implement record keeping documentation and
contract administration systems developed during the preconstruction phase.
2.2 Project Communication and Coordination
We will facilitate project communication and coordination between the City, the Contractor, the design engineer,
emergency services, utilities, local business, property owners and residents, and materials testing technicians throughout the construction phase. The weekly progress
meetings will help the construction team stay abreast of project issues and progress. We will submit to the City a monthly progress report.
2.3 ConstructionProgressMeetings
We will determine an appropriate schedule for conducting project progress meetings, typically held on a weekly
basis. Meetings will include a discussion of the project status, the next items of work, and coordination efforts that may be needed to progress the project. The meeting will provide a forum to discuss and resolve project issues early on and confirm it remains manageable. Additional
special meetings may be required to address special issues and conditions in further detail.
We will schedule and chair the meetings and provide an
agenda and meeting minutes to the project team.
2.4 Project Schedule Review
Starting with the submittal stage, we will review and
critique the Contractor's proposed project schedule
until an acceptable Baseline Schedule is accepted. Once the Baseline Schedule is established, we willwork with
the Contractor to continuously (weekly) monitor the
actual activity progress with respect to the Baseline. The Contractor must provide schedule updates monthly, or
as needed in accordance with the implementation of the
work. We will review and critique proposed schedule
updates in cooperation with the City for processing within the formal submittal system.
2.5 Submittal and Request for Information (RFI)
Management
We will manage and maintain a log of, shop drawings,
samples, submittals, and RFI's to determine the following:
t. Short-term look-ahead schedules contain critical
submittal dates and logs reflect the same;
2. Submittals from the Contractor are received, logged, and timely processed;
3. Submittals are timely reviewed by the appropriate
reviewing body and returned to the Contractorto
reduce lost production time;
4. Logs are updated on a regular basis;
5. Shop drawings and Temporary Water Pollution
Control Plan (WPCP) have been approved and
returned before associated work begins; and
6. Copies of submittals, samples, and RFI's are
maintained in the hard copy and electronic file (City
sta ndard eleotronic fi ling system).
We will continuously update the City'sProject Manager
with RFI and Submittal items, responses, and logs, and
provide review of the general status with the project team at the Weekly Progress Meetings.
2.6 Change Order Management
We will review the Contractor's proposed requests for
change orders to confirm that project issues are brought to the surface and addressed in a timely manner. We
will investigate proposed change orders submitted by
the Contractor and confirm the City has agreed to the
Contractor's proposed change order details and back-up
Change order submittals will include clear and complete supporting records. We will review necessary and
desirable changes to the project and advise the City's
Project Manager of the potential change order impacts.
We will provide the following:
1. Assemble documentation to include, such items as
inspection reports, test reports, drawings, sketches,
photographs, and other materials, as required.
Consulting Construction Management Services for Via Real Stormwater Project Cannon 16
2. Maintain a change order log to track change order
proposals through the review and approval process.
We will establish files for potential change orders or
claims so as to accumulate documentation should
the issues result in a change order or claim.
2.7 Quantity Calculations and progress Estimates
We will confirm quantity calculations are complete,
accurate and submitted each month to process the
Contractor's progress pay estimate. The lnspector will
keep track of item quantities and extra work performed
and assist the Construction Manager to confirm accurate and timely monthly estimates for the project. The
lnspector will reach an agreement on daily quantities with the Contractor's foreman to identify potential disputes to the work in question as soon as possible. We will review the Contractor's monthly Request for Payment and
recommend approval for payment to the City.
2.8 ConstructionObservation/lnspection
We will provide inspection and documentation of
construction tasks, including adherence to the project
plans and specifications; safe and quality implementation of the work activity; detours; construction staging; traffic control; pedestrian and bicycle access; drainage; NpDES requirements; and lane closures.
We will confirm thorough site documentation by taking
pre-construction site photos to document the existing
condition of the project limits and haul routes, as wellas on-going construction progress photos. We will document construction as it progresses. Photos will be logged and filed in the project files.
2.9 Quality Assurance and Materials Testing - Union
Materials Testing (UMT)
We will collect, review, and confirm accuracy of material tickets, documentation, and certificates of compliance, to be in accordance with the construction contract plans and specifications. We will maintain organized document control in this category.
We will coordinate with our subconsultant, UMT, for
specific materials sampling and QA testing, as required, and will include resultant reports and test results in the forma I record docu ments.
z.tO Stormwater Pollution Control Compliance, WpCp
and Permits
ln coordination with direction and expectations provided by the City Project Manager, we will will provide a
Stormwater Pollution Control Compliance Officer who
is a QSD and who will monitor construction activity
and coordinate with permitting agencies, as needed, to
confirm work items are performed in accordance with
the permit requirements. This includes review of the
Contractor's Tem pora ry Stormwater Best Ma nageme nt
Practices Plan, perform site inspection of stormwater best management practices and reporting of any violations
of stormwater pollution control requirements to the
Construction Manager immediately upon discovery.
2.ll Reporting bnd Record Keeping
We will maintain the document control and file
management system in accordance with the structure and
procedures agreed-upon with the City's Project Manager
during the Pre-construction Phase. Critical record-keeping categories will include daily field reports, meeting
m in utes, correspondence, RFls, su bmitta ls, ce rtifi cates of compliances, records of material testing, photo log, CCO log, submittal log, contact change orders, quantity documentation, and progress pay estimates. We will
confirm the City Project Manager has access to the most current documents included in Cannon's record-keeping
system.
2.12 [aborComplianceAdministrationServices
We will maintain a Labor Compliance Officer that will
enforce the contract provisions and confirm that labor
compliance requirements are performed and documented
in the project files. The essential duties of the Labor Compliance Officer willinclude review of the construction inspector's daily reports, conduct spot interviews with employees on the project, confirm contractor submits
certified payrolls, spot check payrollto verify compliance with the DlR, and report apparent violations of state or federal labor requirements to the construction manager.
2.13 Safety
The Contractor is the primary responsible party for
maintaining compliance with safety requirements on
the construction site for activity and participants. We will monitor the Contractor's general compliance with
their safety program and advise the City of observed
Consulting Construction Management Services for Via Real Stormwater project Cannon i7 deficiencies. The Construction Safety Orders, the Caltrans Safety Manual, and the Contractor's safety plan will guide the Cannon's field safety monitoring activity.
Deliverables
. Daily and weekly reports / correspondence
. Verified grades from construction staking.
. Coordinated field and laboratory testing services.
. Logs of submittals/RFls
. Progress meeting minutes and agendas
. Track shop drawing reviews and RFls from Contractor
with design consultants
. Tracked materials incorporated into the project
. Bid item quantity documentation
. Contractor progress payments, per CITY format
. Tracked CCOs, extra work, supplemental work,
project contingency ba lance
. Confirmed permit requirements are being followed
. Coordinated review and approval of Contractor's
WPCP (when applicable)
r Monitored project BMP's are installed and
maintained
. Labor Compliance
o Construction document files, per Local Assistance
Procedure Manual - based system
. Coordination with City's Project Manager and
related De pa rtments/staff
. Construction engineering to assist with necessary
field design changes.
. Monitor of project for safety on a daily/on-going
basis
. Monitor of surrounding area for safety colcernslto
public that may be a result of project work (traffic
control, impact to adjacent streets)
Tasl< 3.O: Post-Construction Phase Services
During this phase of the project, we will facilitate final review, completion, acceptance, and close-out of the
construction activities. We will work with the City Project Manager, related City Departments, project design
engineer, ancillary support consultants, and pertinent
project team stakeholders to confirm and closeout
outstanding work items and project documentation for
turnover to the City.
3.1 Final lnspection and Punch list
We will, in conjunction with the City, inspect the nearcompleted facilities to identify discrepancies and deficiencies in the work performed by the Contractor,
in accordance with the Contract Documents. We will
subsequently prepare the necessary punch list to
identify such items. Upon correction and re-inspection
of omissions and deficiencies, we will report to the
City Project Manager on the completion of the project,
schedule a final walk-through with the appropriate
Citystaff, and recommend acceptance and approvalof
final payment to the Contractor. We will assist with the preparation and signing of the Acknowledgement of
Construction Closeout and Release of Claims form.
3.2 As-Built Drawings
We will regularly review the project as-built drawings
produced by the Contractor and require that the as-built drawings reflect the current project conditions. We will provide the City and the Design Engineer with a copy of the Contractor's as-built drawings and sufficient additional information to prepare certified final record as-built
drawings.
3.3 Project Closeout
Upon completion of the work and after items on the
punch list have been addressed, we will prepare and
submit the final payment package to the Contractor, in
accordance with the City's direction. We will submit final project records and reports (including laboratory and plant testi ng reports), ma n ufactu rer's certifi cates a nd pictu res and videos of various phases of construction.
Deliverables
Furnish As-Built documentation to the design
consultant for preparation of as-built record
drawings.
Conduct final walk-through(s) with the City and
Contractor.
Prepare final construction report for the project.
Organize and submit turnover documents of final
project files to the City. Turnover documents to be
submitted with hard-copies in three-ring binders and
an electronic copy in PDF format.
Tasl< 4.O: Contingency Services
This task is a contingency category for additional
Construction Management and lnspection services by
Cannon, provided at the request ofthe City, and based
on additional unanticipated changes or unforeseen
conditions. Anticipated scope of services is similar to those defined in Tasks 1 - 3.
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Consulting Construction Management Services for Via Real Stormwater Project Cannon 1B Schedule of Work
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PRE-CONSTRUCTION PHASE
Project setupNotice to Proceed
CONSTRUCTION PHASE
Pre-Construction Meeting
Submittal Reviews
lnstall BMP's
Construct RCBConstruct Bioswale
Concrete Work - c&g, sidewalk,curb ramps, drivewaysRCP Stormdrain & MHBioretention BasinLandscaping Final Punch List & Demob
PROJECT CTOSEOUT PHASE
Final Closeout Documents
L0 days
5 days1 day
141 days1 day
20 days
6 days
40 days30 days30 days
30 days
15 days
10 days10 days
10 days10 days
Tue3l2Ll23 Mon4ly23
rue3/21/29 Mon3/27/23
Mon4/3/23 Mon4/3/23
'tue4l4l23 luetol!7123rue4/4/23 rue4/4123 3
wed4/5/23 rues/2/23 5
wed5/3/23 wed5/LO/23 s,6
Tues/9/23 MonT/3/23 7,6wed6/7/23 rueT/La/23 8wedT/79/23 Tue 8/29/23 9 WedT/19/23 rue 8/29/23 9Wed 8/30123 Tue 9/L9/23 LL
wed9/2g/23 rue$/3/23 !2
W ed tO/ 4/23 Tue LohT /23 L3
w ed lo I !8 | ziT ue 70 | tU 23
Wed 1.0/L8/2:Tue Lo/31/23 L4
City of Carpinteria
Via Real Stormwater Project
12 3
4 567
9 1011
7213
7415
16 Consulting Construction N,4anagement Services for Via Real Stormwater Project Cannon 19 r
{,
Estimated Hours
Staffing Plan and Labor Estimate
July 14,2022
Phase Role Name Rate
2023 Total Est.
Aor Mav Jun JUI Auq SeD oct Hours
No- Workino Davs trv lVonth 6 22 22 20 23 20 7
)re.Construction 32
Conslruclion Manader Patrick Riddell, PE $'193 4 4
Ernie Ferrer. PE 185 12 '12
Construction lnsDector lll Nick Andrews tJo 6 8
Office Enqineer Esther Lopez $1 10 8 8
Task 2 - Construction 1,588
Construction l\,lanaoer Patrick Riddell. PE 1E5 4 4 4 4 4 4 4 28 Sr. Resident Enqineer Ernre Ferrer. Pt $18s 24 88 88 80 92 80 28 480 SWPP Comoliance Officer Todd Bartolome PE/OSD 136 22 22 20 23 20 7 120 Labor ComDliance Officer Christine Kahn. PE 136 6 22 22 20 23 20 7 '120 Construction lnspector lll Nick Andrews $1 36 36 't32 '132 120 138 't20 42 720 Office Enoineer Esther LoDez 1'10 22 22 20 23 20 120
Post-Construction 38
'185
8 I
Total Estimated Cannon 1t0 290 290 1,654
Union Materials Testinq Task 2 - Construction
24 24 24 4 76
- Concrele Testino 24 16 to 6 64
16 '15 32
5 6 6 4 2t
1d Hours 0 30 53 46 42 199
Assumption:
- Engineer's Cost Estimate and contract duration of 120 working days - Desiqn Enaineer to provide technical review and aDDroval of the contractor submittals. shop drawinqs, rfl's, plan clarifications Robles
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HRI
Cannon
Consulting Construction Management Services for Via Real Stormwater Project Cannon 20 o
n Resumes
Ernie Ferrer, PE, MCE, eSD/p Resident project
Representative
Mr. Ferrer brings more than 30 years of eiperience in construction management and civiland sanitary engineering. He has provided design and construction services for capital projects which include water resources, wastewater, streets and transportation, facilities, stormwater, parks and recreation, coastal, and public art.
He offers expertise in project management services such as permit coordination; plans and specifications developmenu preliminary design review development; meeting coordination and management; change orders evaluation; pre-construction planning; constructability reviews; and construction document processing and administration management. He has coordinated with local, state, and federal regulatory agencies throughout Southern California to acquire construction permits, Ventura County Watershed Protection District, Design and Construction Division, ventura, california: Mr. Ferrer served as a project Engineer and provided design and construction services on water conveying facilities, such as reinforced concrete channels, natural trapezoidal channels, and other miscellaneous drainage facilities in and around the county of Ventura to contain 50-year stormwater events. He coordinated with local, state, and Federal regulatory agencies to acquire necessary permits for construction.
capital Design and construction Division Manager, city of ventura public works Department, ventura, california: Mr. Ferrer served as the capital Design and construction Engineer for the Engineering Division of public works for L5 years.
He oversaw L9 staff members on capital lmprovement projects (clp) that had an approximate annual budget of Sasv. He managed the city's G-year clp plan, which was budgeted more than Sgool, and contributed to S2gM worth of city inf rastructu re i m provements th rough orga nizi ng, coord i nating, and monitoring the completion of multiple projects, including the following:
Professional Registration
. Civil Engineer, California,
No. C78037
. Certified Storm Water
Pollution Prevention
Plan (SWPPP)Developer
(asol
Education
. Master in Civil
Engineering, Norwich
University, Vermont
. Bachelor of Science,
Sanitary Engineering,
University of Baguio,
Baguio City, Ph ilippines
. Bachelor of Science,
Civil Engineering, Saint
Louis University, Baguio
City, Philippines
Software Skills
. Arc GIS
r Retain Pro
r Water Surface Pressure
Gradient (WSPG)
. HydraulicEngineering
Center-River Analysis
System (HEC-RAS)
. Microsoft Office
Programs (Excel, Word,
PowerPoint, SharePoint)
. Microsoft Project
. Bluebeam
Street Resurfacing, including the following:
. Johnson Dr,, Bristol . Telephone Rd.,
Rd. to Hwy. 101 Kimball Rd. to
. Johnson Dr., Victoria Victoria Ave.
Ave. to Bristol Rd. r Ralston St.,
r Loma Vista, Mills to Telephone Rd.
Main St. to Victoria Ave.
r Victoria Ave., . Main St.,
Telegraph Rd. to Mills Rd. to
Victoria Ave. Telephone Rd.
Waterline Replacement, including the
following:
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4 d
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!
lfl
,'tT
,ne;y-.:";,: :
. Pierpont Lanes
. Harbor Blvd., San
Pedro to Sanjon
Rd.
Consulting Construction Management Services for Via Real Stormwater project Cannon 21 Professional Registration
. Registered Civil
Engineer, California, No.
72034
. Certified Public
I nfrastructu re I nspector,
American Public Works
Association
. Excavation Safety
Training for Competent
Persons (CPT), United
Academy, lD: 1544359
Education
. Bachelor of Science,
Environmental
Engineering, Ca lifornia
Polytechnic State
University, San Luis
Obispo, Californial
. Caltrans Resident
Engineer Academy
Professional Affiliations
. American Society of Civil
Engineers
. American Public Works
Association
Pat Riddell, PE, CPll QSD/P Principal-in-Charge
Mr. Riddell is an experienced Resident Engineer and Construction Manager of public works projects with in-depth knowledge of the Caltrans Construction Manual, Local Assistance Procedures, and Standard Plans and Specifications, as well as project scheduling, cost-control methods, construction staging methods and strategies, and qua lity assu rance systems.
Mr. Riddell represents clients on-site, coordinates meetings and construction activities with project stakeholders, and helps confirm safe working conditions. His responsibilities include record keeping, reviewing contract documents, managing submitials and RFI logs, managing change orders, developing punchlists, reviewing and approving progress pay estimates. He also inspects construction work to confirm compliance with design documents and regulatory agency requirements such as Caltrans standards.
Pismo Streetscape-Shell Beach Road, Pismo Beach, California: Cannon provided construction management, inspection, materialtesting, and administrative services for this challenging StOIV+ construction project. Mr. Riddell was responsible for providing oversight of preconstruction, construction, and post-construction phases of this project. He verified improvement construction complied with the plans and specifications and represented the City at the construction site coordinating with the City, contractor, and the design team.
Design and Construction Management for 12th Street, Complete Street lmprovements, Paso Robles, California: The City of Paso Robles selected Cannon to provide innovative design and construction management services to reduce future pavement maintenance costs, improve pedestrian pathways, and reduce stormwater flow on L2th Street.Mr. Riddell served as Construction Manager and Resident Engineer.
Select Project Experience Summary
Mr. Riddell has served as Principal-in-Charge, Project
Manager, Engineer, aA/qC Engineer, or Construction
Manager on the following projects:
Construction Management for 2Lst Street
Complete and Green Street lmprovements,
Paso Robles, California
2O2O-2O21. Pave me nt Reha bilitation Project,
Goleta, California
4th Street Pavement Repair, Grover Beach,
California
Construction Management, I nspection, and
Materials Testing Services for Price Canyon
Road Slope Repair, Pismo Beach, California
Construction Administration a nd I nspection
Services for North Depot and Highway 166
lmprovement Project, Santa Maria, California
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Consulting Construction Management Services for Via Real Stormwater Project Cannon 22 Professional Registration
. Registered Civil
Engineer, Californ ia, No
72L80
. Registered Civil
Engineer, Arizona, No.
48759
. Certified CPN Radiation
Safety and Nuclear
Guage Use, No. 42009
. AClConcrete FieldTesting Technician,
Grade L, No.0103450
Education
Nicholas Andrews, PE Construction lnspector
Mr. Andrews brings 7 years of experience in geotechnical engineering, construction inspection, and materials testing. His responsibilities have consisted of on-site inspection services for projects such as Phase 2B recycled water tanks for the Santa Clarita Valley Water Agency and residential development projects for the City of Carpinteria. Specializing in geotechnical engineering, he is proficient with earthwork / grading practices and soil/ structure interactions.
As a construction Manager with cannon, Mr. Andrews serves as the client,s onsite representative. He provides coordination and oversight of the contractor to ensure plans and specifications are met and schedule and cost are maintained. Mr. Andrews is safetyconscious, detailed-oriented, organized, and has a proven track record ofsuccessful project management.
Carpinteria Development lnspection and Engineering Services, Carpinteria, California: The City of Carpinteria issued construction permits for private land development projects within the City and selected Cannon to provide field inspection and engineering services. Cannon provided inspection of the proposed Sanitation District project grading and improvements, including site grading, erosion control, foundation, and storm system. For the Faith Lutheran church project, we provided site and utility inspections, including sewer, water, and stormdrain; sanitary sewer/domestic waterline; bioswale and bioretention basin; curb, gutter, and streeU and compliance with Santa Barbara County Regulations. Mr. Andrews provided inspection services.
2O2O-2O2L Pavement Rehabilitation Project, Goleta, California: This project was a major street maintenance project encompassing 12 different roadway segments. The City of Goleta selected Cannon to provide construction management and inspection services. The work included ADA compliant pedestrian ramps upgrades; placement of asphalt concrete (AC); pavement materials (ARHM overlay); AC mill and fill; full depth reclamation; replacement and compaction of subsurface material; setup and maintenance of traffic control systems; construction of concrete ADA compliant curb ramps and gutters; placement of crushed aggregate base and AC pavement; and replacement of traffic striping and markings. Mr.
Andrews provided inspection services.
Construction Management and lnspection Phase 2B Recycled Water Tanlc Santa Clarita Water Agency, Santa Clarita, California: Cannon provided inspection services for installation of Phase 28 of the Recycled water Tank improvements. cannon reviewed contractor submittals, provided SCVWA support on contractor requests for information, coordinated with the contractor for the on-going construction schedule, and provided inspection services for all onsite work as proposed in the plans and specifications, including inspection of potable and recycled water facilities. Mr. Andrews provided key inspection services for this project and was the Construction lnspector during the construction phase.
Construction Management and lnspection Vista Canyon Recycled Water Main Extension, Santa Clarita Water Agency, Santa Clarita, California: Cannon provided inspection services for installation of water main extensions as part of this project. Cannon reviewed contractor submittals, provided SCVWA support on contractor requests for information, coordinated with the contractor for the on-going construction schedule, and provided inspection services for all on-site work as proposed in the plans and specifications, including inspection of potable and recycled water facilities. Mr. Andrews provided key inspection services for this project and was the construction lnspector during the construction phase. a Master of Science,
Geotechnical
Engineering, U niversity
of California at Los
Angeles, Los Angeles,
California
Bachelor of Science,
Civil Engineering,
University of California
at Los Angeles, Los
Angeles, California
a
Consulting Construction Management Services for Via Real Stormwater Project Cannon 23 Professional Registration
Registered Civil
Engineer, California, No.
86198
o Registered Civil
Engineer, ldaho, No.
8015
. California QSP/D
Certification - 86198
Education
. Bachelor of Science,
Construction
Engineering, U niversity
of Nebraska, Lincoln,
Nebraska
. Traffic Control
Supervisor - American
Traffic Safety Services
Association
. Caltrans Resident
Engineer Training
. EPA - NPDES
Certification
Todd A. Bartolome, PE, QSP/D SWPPP Compliance Officer
Mr. Bartolome has more than 35 years of experience as a Construction Manager, Materials Engineer, and Resident and Regional Engineer with large wastewater, bridge, roadway, and airport project experience around the country and overseas.
Specific project experience includes management of major highway bridge and roadway projects for design, construction, and maintenance as both a public agency representative and private consultant.
Mr. Bartolome also managed a statewide materials lab, project {esign teams and development of project controls systems using various microcomputer systems, cost control systems, scheduling, estimating, inspection, materials testing, and field office engineering. He has also worked on water, floodway, and hydroelectric dam projects.
Carpinteria Avenue and Pedestrian Safety lmprovements, Carpinteria, California:
Cannon was selected to provide Construction Management services for the pedestrian safety improvements. lmprovements included ADA upgrades to the existing sidewalks, new vehicle entrance, and a vehicle pull out for dropping-off childien pedestrian accommodation for future skate park facility proposed for construction adjacent to City Hall. Mr. Bartolome served as Project Manager.
Carpinteria Development lnspection and Engineering Services, Carpinteria, California: The City of Carpinteria issued construction permits for private land development projects within the City and selected Cannon to provide field inspection and engineering services. We provided inspection for project site grading, erosion control, and foundation; sewer, water, and stormdrain; sanitary sewer/ domestic waterline; bioswale and bioretention basin; curb, gutter, and street; and County Regulation compliance. Mr. Todd Bartolome served as Project Manager and coordination of inspections and Cannon project oversight.
Modjeska Park Underground Stormwater Detention and lnfiltration System, Anaheim, California: The City of Anaheim selected Cannon to engineer a solution to a multi-faceted problem the 23.5-acre Modjeska Park. Extensive flooding in the neighborhood caused by an under-sized storm drain line prompted an urgent local need for stormwater management. Mr. Bartolome provided
construction engineering services as Senior Resident
Engineer.
Select Project Experience Summary
Mr. Bartolome has served as Construction Manager,
Engineering Manager, Resident or Regional Engineer
on the following projects:
Measure K-14 Street Repair and Rehabilitation
Program, Grover Beach, California
Congtruction Management Services for
Guadalupe Community Center and Leroy Park
Community Center Ren novation, Guadalupe,
California
a
Consulting Construction Management Services for Via Real Stormwater Project Cannon 24 Professional Registration
. Civil Engineer, California,
No.41877
Education
. Bachelor of Science,
Civil Engineering,
Californ ia Polytechn ic
State University, San Luis
Obispo, California
Professiona I Affi liations
. American Society of Civil
Engineers; Past President,
SLO Branch
. American Public Works
Association, Member,
Central Coast Chapteq
. Alpha ChiOmega Sorority,
CPSU, Lifetime Member
Christine C. Kahn, PE Assistant Resident Engineer and
Firnding / Labor Compliance
Ms. Kahn is an experienced project manager, project engineer, and construction inspector with 35 years of experience in the public infrastructure field. She offers expertise in constructability reviews, preliminary site planning and permitting, and funding assistance. Throughout the course of her career, she has honed her abilities as an astute problem-solver capable of designing, managing, and inspecting transportation projects with profi ciency.
Ms. Kahn has assisted local agencies in obtaining funding for improvement of their transportation infrastructure and transportation services. As a Transportation Engineer for caltrans, she was the lead engineer in the development of various complex transportation projects on the state Highway system. Ms, Kahn also managed a team of engineers to prepare technical documents that required extensive coordination with several functional units within the district,. region, headquarters and outside regulatory agencies. she followed many of her projects into construction to oversee field personnel to ensure the cost effective and timely delivery of the project.
santa lucia Road Pavement Rehabilitation, Atascadero, california: The city required the rehabilitation of 0.85-mile-long stretch that serves as one of the main connections to Highway 10L. cannon was selected to provide construction engineering services for this project, which consisted of localized dig outs, deep lift pave backs, as well as grinding and overlay work, The project included milling of the existing pavement with deep sections removal and minor drainage improvements, including asphalt berm and culvert replacements to improve handling of storm water runoff. Ms. Kahn provided Construction Management services.
Select Project Experience Summary
Ms. Kahn has served as Assistant Resident Engineer, construction Inspector, or Project Engineer on the following projects:
r Construction Management and lnspection Services
for Guadalupe Community Center and Leroy park
Renovation, Guadalupe, Ca liforn ia
r Construction Administration and lnspection Services
for Blosser Road Right Turn Lane at W Main Street,
Santa Maria, California
Construction Management and lnspection
Services for Measure K-14 Capital lmprovement
Projects (ClP), Grover Beach, California
Construction Management Services for the
Train Station Expansion Project, Grover Beach,
California
Construction I nspection Services for Pin ewood
Reservoir and Booster Pump Station,
Tanglewood, California
lnspection, Design, and Structural services for
Morro Bay Slope Repair, Morro Bay, California
a
a
a
a
Consulting Construction Management Services for Via Real Stormwater project Cannon 25 Certifications
. Caltrans Joint Training and
Certification Program
. Caltrans lA
. AASHTO
. NICETl-Asphalt
r ICC Soils
Certifications
. ICC Reinforced Concrete
Deputy lnspector
. lndustry Training
Certifi cates, including ISSA
and NHI
. NuclearGaugeOperator
Certificate
o Numerous Caltrans
Certificates
Evan Folk Testing and lnspection Manager
Mr. Folk co-founded Union Materials Testing, inc. (UMT) beginning in 2022. His duties include coordinating field staff, estimating, internal and external project engineering support. He serves as the primary point of contact for UMT and acts as Technical Director of UMT's quality systems (AASHTO and Caltrans lA). He possesses a letter of equivalency of a Certified Resident Engineer within the accreditation scope of work as deemed by AASHTO.
Mr. Folk began his career in 2OO2 working at BTC Laboratories, in Ventura CA. His duties included those of entry level to advanced field and laboratory tests on soil, asphalt, emulsions, aggregates, steel, and concrete. Mr. Folk has performed a number of roles including testing, public works inspection, management (project and personnel), Asphalt Production, Quality Assurance, Quality Control, Materials Design.
Mr. Folk qualified for and successfully performed duties as the Quality Program Administrator for a hangar/ taxiway project at the Camarillo Airport. Mr. Folk understands the crucial factors required to successfully perform testing and inspection services on infrastructure projects having held positions in many key areas of construction, materials testing, and inspection. Mr. Folk's become a trusted member of the Greenbook Committee and CaIAPA Technical Asphalt Taskforce, where he aids in the continued improvements of asphalt specifications by participation in group discussions, sharing samples and test results with producers in an effort to better the paving industry.
Patrick Trowbridge Field Technician
Mr. Trowbridge is a Field Technician with an extensive
history in construction and rapid growth in materials testing He began his career working as a Superintendent for a contractor in Los Angeles where he developed a deep understanding of many aspects of materials and their properties as wellas plan reading, and typicalconstruction practices. He has worked internationally with an archeological team where he developed several skills tangibles to the construction materials testing industry.
Mr. Jowbridge provides field and or company tasks under the direction of of the Field Manager. This includes testing materials in a field setting, as well as the use of a nuclear gauge and other tools common to the type of work to be performed.
Mr. Towbridge previously oversaw approximately two million yards of mass grading and seventy-five hundred linear feet of soil cement embankment placement in his role providing jobsite management tasks for a 183-acre mixed use development.
Other responsibilities included scheduling, takeoffs, construction oversight, and bid Reviews. Mr. Towbridge also served as a Field Technician with Toro Enterprises, lnc.
His responsibilities included testing materials in a field setting, as well as the use of a nuclear gauge and other tools.
Consulting Construction Management Services for Via Real Stormwater Project Cannon 26
Staffing Plan and Labor Estimate - Via Real Stormdrain Project February 26,2024 tnal912022 esl
Estimated
Cost
sz I s 4,960
4 12
88 1
$ 237,692
28 480
72 120
51 1
720
120
1 38 $ s,438
4 10
8 16
11 1,610 | $ 2'18,090
Total Est.
Hours
Estimated
Cost
$ 5,520
880
2.520
't.160
960
$ 249,190
6.160
s3.240
'14.700
10.440
20.01093.120
11.520
$ 5.988
880
2.100
1,0881.920
$ 260,698
Estimated
$ 250.698
Total Est.
Hours
Task 'l - Pre-Construction 32
4 't2
88 2
28 444
7072
138
582
96 Post-Construction
n PE 4 4
Sr. Resident PE / NiK PE 10 10
Assist. Ron
Office
Total Estimated Cannon Hours 256 244 262
Direct Expenses - Union Materials Testing
Consultant Name or
Total Estimated
Assumption:
- Engineer's Cost Estimate and contract duration of 120 working days- Desion Enqineer to orovide technical review and approval of the contractor submittals, shop drawings, rfi 's. olan clarifi cations 2024
Oct
7 4
20 44
7 35
12 0
Seo
20 4
80 1212
20 100
16 0
Auo
23 4
80 1212
23 115
16 0
Jul
20 4
80 12't2
20 100
't6
0 Jun
22 4
EO
1212
22 110
16 Task 2 - Construction Mtls Testinq - DELETED
0 Mav
22 4
80 1212
22 110
16 ADr
6 4
12 88
4 24
68 24
12 4
0 No. Workino Davs bv Month
Rale
220
210
145
$120
s220
210
$ 145$ 145
160
$1 20
Total Estimated Union Testing Hours
Name
Pahick Riddell. PE
Todd Bartolome. PE / Nik Boas. PE
Ron Teqland
Marcia Bohac
Patrick Riddell. PE
Todd Bartolome. PE / Nik Boas. PE
Todd Bartolome, PEiQSD
Christine Kahn. PE
Ron TeolandRon Teqland
Marcia Bohac
Role
Construction Manaoer
Sr. Resident Enoineer
Construction lnsoecior lll
Office Enqineer
Construction Manaqer
Sr. Resident Enoineer
SWPP ComDliance Officer
Labor Compliance Ofiicer
Construction lnsn lll (Office Time)
Constr lnso lll (PW - lnsoection)
Office Enoineer
Aniea4lateriak-Testina
Phase
ATTACHMENT E
Agreement for Cotton Shires and Associates, lnc.
NCorroN, Ssrnns AND AssocrATES, INc.
CONSULTING ENGINEERS AND GEOLOGISTS
May 32024
CARP6O22
John L. Ilasin, P.E.
Public Works Director/City Engineer
City of Carpinteria
Public Works Department
577 5 Carpinteria Avenue
Carpinteria, CA 93013
SUB}ECT:
RE:
Proposal for Construction Quality Assurance Materials Testing Services Via Real Stormwater Project (FEMA-4344-DR-CA, Project #PJ0206, FIPS #083-11446) Dear Mr. Ilasin:
Cottory Shires and Associates, Inc. (CSA) is pleased to submit his proposal for quality assurance (QA) materials testing services for the City of Carpinteria's (City) Via Real Stormwater Project. Our proposed scope of services consists of field testing and observations, laboratory testing, batch plant inspection, and reporting consistent with the requirements of the City of Carpinteria's Quality Assurance Program (QAP) and Acceptance Testing Services, Scope of Services.
Project Description
Our understanding of the City's Via Real Stormwater Project is based on review of the following {ocuments:
City of Carpinteria (2022), Project Plans for the City of Carpinteria Via Real Stormwater Project, August 10 (approved by City on March 27,2023).
City of Carpinteria (2023), Contract Documents and Specifications for the Via Real Stormwater Project, March.
City of Carpinteria (2021), Quality Assurance Program (QAP), Public Works Departmenf May.
City of Carpinteria, Acceptance Testing Services, Scope of Services (undated).
According to the referenced Contract Documents and Specifications, the project consists of: installation of storm drain improvements; removal and replacement of concrete sidewalk, curb, gutter, curb ramps, and driveway approaches; relocation of an existing water main; construction of bioswales, a biorientation basin, and landscape improvements; and other incidental and appurtenant work.
o
a
Northern California Office
646 University Avenue
Los Gatos, C A 95032-4476
(408) 354-s542
Central California Office
5417 Dogtown Road
San Andreas, CA 95249 -9640
(209) 736-4252
Southem Califomia Office
599 Hampshire Road, Suite 102
Thousand Oaks, CA 97351-2352
(805) 370-8710
www.cottonshires.com
Proposal for City of Carpinteria
Page2
May3,2024
CARP6022
Scope of Services
CSA will provide field observation services and will subcontract with Union Materials Testing (UMT) to provide field, batch plan! and laboratory testing services in accordance with the City's QAP. Detailed summaries of UMT's proposed services are provided in the appended UMT proposal.
Estimated Staff-Hours and Fees
Based on the construction quantities we estimate that CSA's senior engineer/geologist will attend the project kick-off meeting and then CSA will make several site visits to observe the engineering grading and testing activities as part of the QA oversight. We estimate the following scope of work for CSA personnel based on the Bidding Schedule:
1. Attend pre-construction meeting and site walk;
2. one (1) half-day site visit over the duration of Items 8 to 12 - Biosware; 3' One (1) half-day site visit over the duration of Items 17 and 18 - RCB (48"x24") and RCB DuaI (36"x24");
4. Two (2) half-day site visits over the duration of Item 32 - Poplar Street: 30' RCp Storm Drain;
5. One (1) half-day site visit over the duration of Item 34 - Poplar Street: 36' RCP Storm Drain; and
6. Summary letter report of QA activities and observations.
We estimate 46 hours of CSA staff field and office time will be required to complete the scope of work outlined above. UMT's staff hours are summarized in their appended proposal.
We propose to provide the services in accordance with our 2023-24 Fee Schedule using rates for our staff, senior, and principal engineers and geologists. The total estimated fee for all proposed services is$54,461; CSA's estimated portion of the total fee is g8,600, and UMT's estimated portion of the total fee is $45,861.
We will advise city staff when we reach 80 percent of the project budget, or when an individual project task duration exceeds the estimated schedule, at which time our fee estimate may need to be updated and additional fees collected.
Closure
We thank you for the opportunity to offer our quality assurance services to the City of Carpinteria. Please contact us with at (805) 370-8710 with any questions.
Respectfully submitted,
COTTON, SHIRES AND ASSOCIATES, INC.
tthew
Principal Geotechnical Engineer
PE73401, GE 3005
Attachment: Union Materials Testing Proposal dated 5-3-2024 (UMT Project No. 0166) CoTToN, SHIRES AND AssocIATEs, INc.
lil'";"i'i,.1 i. ::'r.$:i]
lk.",i.'';lill
$l;1 -,r,,
i', i n, 1,1r','{
UMT Project No.- 0166
5t3t2024
Cotton, Shires and Associates, lnc.
699 Hampshire Rd Suite 102
Thousand Oaks CA 91361
PH:805-370-8710
Matt Janousek, PE, Gt
PE, GE
Project: Cotton Shires - Carpinteria Via Real Stormwater Project Project Location: Carpinteria, CA
Dear Matt Janousek, PE, GE
Union Materials Testing, lnc. (UMT) is pleased to submit for your review our proposal for testing and special inspection services on the referenced projects located in Carpinteria, CA.
Pricing and Terms: Under this proposal, the requested testing and inspection services for the Project will be performed by UMT in accordance with the following services and fees:
A detailed list of services and fees are shown on the attached Exhibit A. Following are our cost estimate and scope of services. Our proposal is based on the following sources:
. Previous experience on projects similar to City of Carpinteria Project . Available Project Specifications (Dated August 2022) and Drawings (Dated March 2023) . SSPWC, Caltrans Standard Specs, and ACI
. Caltrans Quality Assurance Program (aAel Manual for use by Local Agencies Thank you for giving us the opportunity to be a part of your project team. Should you have any questions or require additional information, please do not hesitate to contact me.
Respectfully submitted,
Budget Summary for - Cofton Shires - Carpinteria Via Real Stormwater Project Task Name
SOILS / AGGREGATE LAB
CONCRETE
ASPHALT
PROJECT MANAGEMENT
Project total:
** All field inspections are per the International Union of Operating Engineers, Local Union 12; Master Inspection Field Soils & Material Teseting Agreement. All field tests have a four hour minimum charge on a portal to poftal basis and Special Inspectors have a 4 hour minimum charge on a poftal to portal basis. Time over the minimum will be rounded up to the nearest whole 8 hour shift. Overtime at 1.5 times the standard rate per the testing and inspection labor agreement with will be charged after 8 hours, any time before 5:00 a.m. and after 5:O0 p,m., if staft time is after 9:00am (only if field technician could not be utilized on a differnt project prior to scheduled start), and on weekends and holidays. This is a unit rate proposal. Retest, show up and cancellation are not included and will be charged at our standard unit rate fees as listed above. The estimated total is listed for your convenience and may change with project schedules and with small concrete placements etc. Typically on July 1st of each year labor rates will be adjusted per International Union of Operating Engineers Inspection Mater Labor Agreement Labor Rates. These labor rate changes directly correlate with the DIR Inspection Certified Payroll and Fringe Benefit Rates.
Cost
$t7,077.00
$7,284.00
$15,872,00
$5,628.00
$45,861.00
1 s1312024 2247 Statham Blvd. Oxnard CA 93033 PH: 805-436-0270 UMT Project No.- 0166
/i''.-'"
Evan Folk
President
Union Materials Testing, lnc.
cc
Exhibit A - Scope of Services
2 s1312024 2247 Statham Blvd. Oxnard CA 93033 pH: 805-436-0270 UMT Project No.- 0166
EXHIBIT A
Scope of Services
SOILS / AGGREGATE LAB
A technician with a nuclear gauge will perform density and moisture testing in the field during grading, utility trench backfilling, and pavement operations utilizing Caltrans CT231Test Method. Laboratory maximum density determination will be performed in accordance with Caltrans CT216. Sampling will be performed in accordance with the Caltrans Quality Assurance Program (OAP) Manual for use by LocalAgencies. We will provide:
. Preparation of daily field reports;
. Observation and verification during site clearing and mass grading; . Observation and testing during backfilling of utility trenches; . Observation and testing during backfilling around retaining walls; . Observation and testing during subgrade preparation and base rock placement in asphalt and concrete paved areas;
. Observation and testing during asphalt and concrete placement.
Observation and testing will consist of visual observation of earthwork activities and taking field density and moisture tests for the purpose ol'ascertaining that the work is in substantial conformance with the contract documents. Such observation and testing shall not be relied upon by others as acceptance of the work nor shall it be construed to relieve the contractor in any way from his obligation and responsibilities under the construction contract. Specifically, but without limitations, observation and testing shall not require the technician and engineer to assume responsibilities for the means and methods of construction nor for safety on the job site. 3 s1312024 2247 Stalham Blvd. Oxnard CA 93033 PH: 805-436-0270 UMT Project No.- 0166
Cost Estimate for - SOITS / AGGREGATE LAB
Description
Soil Density Technician
CT216 Caltrans Soil Max Density
R-Value
Sand Equivalent
Sieve Analysis ASTM/MSHTO (+3/4,)
Wash Analysis
Pick-up Truck
Soil Density Gauge - Nuke
Qty Rate Units
76.00 $129.00 RTHR
5.00 $27s.00 EA
1.00 $37s.00 EA
2.00 $131,00 EA
6.00 $135.00 EA
3.00 $44.00 EA
76.00 $37.00 HR
19.00 $79.00 Day
Tota| foT SOILS / AGGREGATE LAB
Total
$9,804.00
$1,375.00
$37s,00
$262.00
$816.00
$132.00
$2,812.00
1,501.00
$t7,077.O0
Assumptions: SoilTesting Assumptions (31 total shifts)
Curb/Gutter/Sidewalk - Assume (4) 4 hour shifts to observe and test subgrade/base prior to pouring minor concrete items. Assume 2 proctors, 2 sieves, and 2 sand equivalent tests.
Waterline - Assume 100 per shift @ 3 shifts, 4 hours per shift to observe bottom of trench, test bedding, trench zone bacKill (excludes paving testing and inspection). Assume 2 proctors,2 sieves, and 2 sand equivalent tests.
RCP (18", 21", 30" and 36J - Assume contractor placing 150' per day totaling 5 shifts, 4 hour per shift to observe bottom of trench verifying its suitable, test/observe bedding material, iest soil '
.
bacKill for RCP grater than 18" diameter, PMB. Excludes AC paving on thiJitem. Assume 2 proctors, 2 sieves, and 2 sand equivalent tests.
RCB - Assume total of 2 shifts for subgrade preparation (48x24 inch and 36x245 inch dual box) of box culvers subgrade/base, 4 hours per shift. Excludes special inspection and concrete testing on this item' Assume 2 proctors, 2 sieves, and 2 sand equivarents.
Bio swale - Assume 5 for subgrade prep including concrete structures, 4 hours per shift. Excludes concrete special inspection and ACI sample fabrication, concrete testing. Assume 3 proctors, 2 sieves, and 2 sand equivalent tests.
CONCRETE
Mix Design Review
We will review the proposed concrete mixes in our laboratory for conformance with the specifications, if requested.
Concrete Placement
During the pours, our inspector will be on-site continuously, as required by Code, to monitor the placement' Sampling will be performed in accordance wit-h the Caltrans Quality Assurance program (OAp) Manual for use by Local Agencies. Our inspector will check:
. Determine that no bars are displaced during pouring;
. Observe cleanliness of steel;
. Determine adequacy of placement and vibratory equipment; ' Determine proper delivery rate of concrete and monitor batch times; . Determine the correct mix is being utilized;
. Monitor slump of each truck;
. Record temperature of air and concrete;
4 s1312024 2247 Statham Blvd. Oxnard CA 93033 pH: 805436-0270 UMT Project No.- 0166
. Cylinders casted by technician for compression tests ; . Observe anchor bolVdowel installation operations to determine hole depth of the hole, embedment and cleanliness, as well as materials and workmanship. We will inspect to,determine all dowels are installed in accordance with contract documents and/or manufacturer's requi rements.
Gompression Testing
We will transport all samples to our laboratory for compression testing in strict accordance with the Caltrans Test Methods. Compression test reports will be distributed to the appropriate parties.
Cost Estimate for - CONCRETE
Description
ACI Technician
Cylinder - Field Cures
Sand Equivalent
Sieve Analysis - Single
Travel - Trip F€e to pick up cylinders
Pick-up Truck
QW
32.00 8.00
2.00 6,00
8.00 32.00
Rate Units
$129.00 RTHR
$37,00 EA
$129.00 EA
$131.00 EA
$79,00 EA
$37.00 HR
Total for CONCRETE
Total
$4,128.00
$296.00
$258.00
$786,00
$632.00
$1 .184.00
$7,284.00
Assumptions: Concrete Inspection and Testing
ACI Concrete Testing/Sample Fab totaling 8 shifts for RCB (2 shifts for 48x24 and 2 shifts tor 36x24 dual box), concrete channels (3 shifts), and manhole structures (1 shifts). ACI Special inspection shifts are 4 hours shifts including travel (2 hours onsite for concrete pour), Testing slump, temp, and casting one set of 5 (4x8) cylinders per pour.
ASPHALT
Asphalt Laydown and Density Testing
. lnspection and testing will be performed under provisions of the contract and per the Caltrans Quality Assurance Program (QAP) Manualfor use by LocalAgencies. . We will inspect and test base and paving, including but not limited to:
. Compaction and thickness of base according to project specification. . Compaction of asphalt concrete tested with nuclear gauge in accordance with Caltransw CT375. . Temperature of asphalt concrete just prior to paving; . Check thickness of surfacing by coring when directed by Owner's Representative. 5 s13l2o24 2247 Statham Blvd. Oxnard CA93033 PH: 805436-0270 Cost Estimate for - ASPHALT
Description
Asphalt Field Technician
Batch Plant Inspector
Incineration Binder Content
Incineration Correction Factor
LTMD
Sieve Analysis - Post Ignition
Stability Value
Unit Weight Rice
Pick-up Truck
Thin Lift Nuclear Gauge
Cost Estimate for - PROJECT MANAGEMENT
Description
Project Manager - Field Support
Project Manager 1 - Onsite Weekly Meeting @ t hour per meeting Certified Payroll Reporting Fee (Weekly)
Qtv
32.00 32.00
4.00 1.00
4.00 4.00
4.00 4.00
64.00 4.00
Rate Units
$129.00 RTHR
$129,00 RTHR
$252.00 EA
$420.00 EA
$27s.00 EA
$150.00 EA
$262.00 EA
$189.00 EA
$37.00 HR
$79.00 Day
Total for ASPHALT
UMT Project No.- 0166
Total
$4,128.00
$4,128.00
$1,008.00
$420.00
$1,1oo.oo
$600.00
$1,048.00
$7s6.00
$2,358.00
$316,00
$15,872.00
Total
$4,152,00
$1,211.00
$26s.00
$5,628.00
Assumptions: Assume 4 paving shifts for the project. 8 hours per shift. Lab testing will include LTMD, AC content, Post Sieve, Maximum Theoretical Specific Gravity, Air Voids, and Stabllity testing in accordance w1h the Caltrans Quality Assurance Program (QAP) Manual for use by LocalAgencies, The Asphalt Inspector will start at the plant and follow the 5th load from the plant to the jobsite to reduce cost to the City and still meet the requirements of the QAp, If the City wishes to have i rllultiple inspectors for plan and field asphalt inspection and tesling, the same hourly rates will apply for the inspector and truck (on T&M).
PROJECT MANAGEMENT
I gloject manager will develop protocols to assist clients in completing their work while minimizing risk. Review of all field.and laboratory testing data from the assigned projects. Monitor t6e performance and technical skills of our field and laboratory technicians.
Qty Rate Units
24.00 $173.00 HR
7.00 $173.00 RTHR
5.00 $53.00 EA
Tota| foT PROJECT MANAGEMENT
Assumptions: Project manager billed at 15olo of billed field inspection and technician hours (not including meetings).
Assuming 15 weeks of work for testing and inspection. Project weekly meetings are not included in this proposal and will be billed at T&M basis.
6 s1312024 2247 Statham Blvd. Oxnard CA 93033 pH: 805-436-0270 UMT Project No.- 0'166
Terms and Conditions
1 . Prosecution of Work. lt is contemplated by the parties that the Work specified in this Contract shall start on approximately and be completed by . UMT shall not be responsible for any delays in performing the Work due to labor disputes, weather, shortages in material, equipment or labor, acts of God or any other cause beyond its control. ln the event of a delay beyond UMT's control, and to the extent reasonably possible, UMT shall complete the work at the next available opportunity. At its option, UMT may decline to perform any part of the Work which, through no fault of UMT, is to be completed beyond the estimated completion date. ln the event UMT elects not to perform any further Work beyond the above specified date pursuant to the terms provided herein. UMT shall be paid for all Work performed and materials provided prior to the said date and shall otherwise be fully relieved of all its duties and responsibilities under the terms of this Contract.
2. Dispatch Hours. UMT agrees to provide the Work identified herein. Dispatch hours are 8:00 a.m. to 5:00 p.m. Although UMT will try to accommodate all dispatch requests, we cannot guarantee that calls before 7:00 a.m. and after 5:00 p.m. will be received. lf a day's Work is canceled for any reason, please notify the dispatch office by 5:00 p.m. on the day prior to the scheduled Work. Cancellations received on the day of the Work, is subject to a 2-hour show-up fee.
3. Agreed Pricing for ServicesMork Hours. Pricing for Work done under the attached Contract is agreed to be under UMT's Fee Schedule (attached and incorporated herein as Exhibit A) for the year the Contract was effective, which is incorporated herein by reference, unless otherwise specifically shown in the Contract. All minimums, over-time, double-time, and portal to portal billing is in accordance with the current Local 12 - Operating Engineers - lnspection Master Labor Agreement. Over-time at 1.5 times on the labor portion only will be charged before 5:00 a.m. or after 9:00 a.m., starting after 5:00 p.m., and on Saturdays. Double-time at 2 times the labor portion will be charged after 12 hours, on Union Holidays, and on Sundays. Client further acknowledges that billing minimums of 4 hours for field testing and 4 hours for special inspections may apply in actual billing. Time worked over the 4-hour minimum will be rounded to 8 hours. lf the inspector has to travel to the UMT Office to pick-up/drop-off equipment before and/or after a shift the inspectors hourly rate will be billed portal-to-portal from the UMT Office. lf an inspector works on two or more jobsites in one shift a minimum of 8 hours will be billed. Client agrees that it shall be Client's and' or Contractor's responsibility to provide UMT with a24-hour notice to perform the Work hereunder.
4. Standard of Work. Further, UMT agrees to perform the Work in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions in the locality of the Project. No other warranty, expressed or implied is otherwise made with respect to the Work.
5. Payment. Client agrees to pay all invoices within 30 days, or incur interest charges of 10o/o per month, lntended Use. Work provided pursuant to this Contract is intended solely for the use and benefit of Client. No other person or entity shall be entitled to rely on the services, opinions, recommendations, plans, or specifications provided without the express written consent of UMT. Glient agrees that UMT has been engaged to provide technical professional services only, and that UMT does not owe a fiduciary responsibility to Client.
6. Limitation of Liability. This paragraph limits UMT's liability - READ lT CAREFULLY. Client understands and agrees that UMT's Work poses certain risks to both UMT and Client. Further, UMT's fees for the Work are based on and reflect Client's agreement to limit UMT's liability as described herein. Client specifically acknowledges and agrees that but for this promise to limit UMT's liability, UMT's fees should be significantly higher to accommodate UMT for such risks. Client acknowledges its right to discuss this provision with legal counsel and negotiate such with UMT. ln reliance on the foregoing, Client specifically agrees that, to the fullest extent permitted by law, UMT's total liability for any and all injuries, claims, liabilities, losses, costs, expenses or damages whatsoever, including without limitation, attorneys' fees and costs (hereinafter "Claims") to Client and any third party arising out of or in any way related to the Contract, from any cause or causes, including but not limited to UMT's negligence, errors, omissions, breach of contract or any duty, is limited to Twenty-Five Thousand Dollars ($25,000) or the amount of UMT's fee, whichever is greater (the "Liability Limit").
7. lndemnity. To the fullest extent permitted by law, the Client will indemnify and hold harmless UMT together with its consultants, ofiicers, agents and employees from and against claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of, in any way related to, or resulting from their work, materials, or scope of responsibility on the Project by Client or any of its consultants, subcontractors or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, 7 s13l2o24 2247 Statham Blvd. Oxnard CA 93033 PH: 805-436-0270 UMT Project No.- 0166
except to the extent that such damage, loss or expense is due to the fault or negligence of UMT.
8. lnsurance. UMT will maintain and provide proof of insurance coverage tor opeiations'under this agreement when requested by the client. UMT will name client as additionally inslred and provide proof of cov-erage when requested. Typical insurance coverages are as follows: (1) property and public tiabitity insurance-at a minimum level of $1,000,000.00 property damage coverage witn irrirty-oiy cancellation notice and $1,000,00.00 liability coverage, or the amount specified in the prime Sgreement, whichever is greater, (2) worker's compensation insurance with a minimum level of $1,000,000.00 of coverage, (2) automobile insurance at a minimum level of $1,000,000.00 for each occurrence and $1,000,00d.d0 aggregate coverage, and (4) professional liability insurance at a minimum level of $1,000,000.00 of coverage.
9. Samples. Unless otherwise agreed by the parties in writing, the test specimens or simples will be disposed of immediately upon completion of testing. lf the client requests samples to be held, has the right to request 1"91t per an agreed upon amount after the request of samples to be held is received. l9 g.SHl. Client agrees to require Contractor to provide on-site First Aide services as required by OSHA. 1'1. Final lnspection. As a condition precedent to UMT issuing the Project final inspection reportiall fees incurred by Client must be paid in full.
12. Termination. UMT may terminate the Contract if the Work is stopped for a period of 30 consecutive days through no act or fault o{ Ulvtl or their agents or employees or any'other persons or entities performing portions of the Work under direct or indirect contract with UMT, for any oi the following reasons: ' lssuance of an order of a court or other public authority having lurisdiction that-requires all Work to be stopped.
" An act of government, such as a declaration of national emergency that requires all Work to be stopped; or
' Because the Client has not issued a payment or certificate for payment and has not notified UMT of the reason for withholding payment or certification, or because the C[ient has not made payment within the time stated in the Contract Documents.
1 3. Miscellaneous Provisions.
' Duplicate Originals. This Contract may be executed in duplicate originals, and facsimile signatures will be treated as originals.
" Complete Agreement. \Mth respect to the subject matter of this Contract, including the terms and conditions hereof, this Contract constitutes the entire understanding between the pa-rties and may not be altered, modified or amended except by the mutual written agre6ment of the parties. Except is expressly provided in this Contract, all prior and contemporaneous agreements and understandings between the parties are superseded and rescinded.
' Severability. The Contract provisions are severable, and should any provision be determined by a court of competent jurisdiction void, voidable, or unenforceable, such provision shall be eliminated or limited to the minimum extent necessary so that this Contract shall othenivise remain in full force and effect.
" Attorneys' Fees. ln the event that any party shall breach its obligations under this Contract, the prevailing party shall be entitled to recover all enforcement-related costs, expenses and reasonable attorney fees from the breaching party, whether such sums be expended wiih or without suit and regardless of the forum (including but not limited to recourse in connection with any bankruptcy case, adversary proceeding, insolvency proceeding, or arbitration proceeding). ' Assignment' This Contract is not assignable, and any such assignmdnt shall be deemed void, without the written consent of all parties hereto.
" Binding Effect. This Contract shall be binding upon and shall inure to the benefit of the successors, and assigns of the respective parties hereto.
' Jurisdiction/Venue. The parties hereto agree that this Contract shall be construed in accordance with the laws of the State of CA, and that exclusive jurisdiction and venue shall be found in the Ventura Superior Court, State of CA.
8 s1312024 2247 Stalham Blvd. Oxnard CA 93033 pH: 805-436-0270 UMT Project No.- 0166
Our estimated fee for the above defined scope of work is $45861 (See attached breakdown). We propose that this work be performed on a time and materials basis with our fee not to exceed the above figure without prior agreement on extended services required. Each invoice will be accompanied with a detailed breakdown of all direct expenses and work performed relative to the attached budget.
Thank you for the opportunity to submit a proposal for this project, we appriciate your consideration. We will be awaiting your response to proceed and look forward to working with you. We believe we have covered all required items. Please give us a call if you have any questions. 9 s1312024 2247 Statham Blvd. Oxnard CA 93033 PH: 805-436-0270
ATTACHMENT F
Agreement for Leftwich Archeology
Leftwich
ARCHAEOLOGY
Brent Leftwich, Ph.D,, R.P.A.
7396 Elmhurst Place, Unit A
Goleta, CA 931L7
805-964-5529
[email protected]
www.leftwicharchaeology.com
February 20,2024
City of Carpinteria
57 7 5 Carpinteria Avenue
Carpinteria, CA 93013
RE: Proposal and Estimate for Archaeological and Native American Monitoring and Report for the Via Real Stormwater Proiect Carpinteria, CA This proposal is for Archaeological and Native American Monitoring and a Monitoring Report as required by the City of Carpinteria for the Via Real Stormwater Project between Bailard Avenue and Carpinteria Creek, Carpinteria, and writing and delivering to the Client a report to satisfy the information needs of FEMA, the California Natural Resource Agency, the City of Carpinteria, and the California Environmental Quality Act (CEQA). Previous archaeological investigations have indicated that the project area lies within or nearby a prerecorded archaeological site or sites and has the potential to contain undiscovered, sensitive cultural resources. Dr. Leftwich is a County of Santa Barbara Qualified Archaeologist, with over 22 years of experience in archaeology, and 17 years along the Central Coast, He far exceeds the Secretary of Interior's Professional Qualification Standards in archaeology.
Background
The City of Carpinteria is requiring archaeological and Native American monitoring for ground disturbing activities associated with the Via Real Stormwater Project, The project will upgrade to existing facilities to mitigate potential flood hazards and improve water quality while providing some groundwater discharge. Components of this project include replacing the existing degraded open channel at the end of Poplar Street with a bioretention basin; installing a new storm drain along Poplar Street; replacing the existing, open concrete v-ditch and open earth channels with bioswales; upgrading existing storm drains and outlets along Via Real; and replacing existing sidewalks. Work will occur between Bailard Avenue and Carpinteria Creek, with an expect work duration of 60 working days, or approximately 3 months.
1 Scope of Work
Cultural Resource Monitoring and the Monitoring Report will be conducted and prepared in compliance with the California Environmental QualityAct [CEQAJ Z'],OB}.Z,sections 1S064.5 and 15L26.4 and City of Carpinteria standards. The monitoring project will be conducted in three Tasks:
Task 1: Pre-fieldwork Preparations
Dr. Leftwich will conduct all preparation necessary to prepare for a long-term monitoring project. This includes:
o One pre-fieldwork visit to the project area (e.g,, tailgate or kickoff meetingJ, as well as continued communication with the clien! their representatives, and the County. o Review of existing background information, as supplied by the client. r Administrative activities, including contacting and contracting with a suitable Barbarefio / Ventureffo chumash Native American consultant. I Obtaining necessary equipment and supplies and preparing required paperwork, o Forming a Health and Safety plan for the project.
r Worker training, which can be conducted at a kickoff meeting or the first day of fieldwork. Worker training will discuss the role of the monitori, the monitor', itop work authority, respectful cultural sensitivity, basic artifact descriptions, and procedures for potentially significant discoveries. Dr. Leftwich will conduct this training.
Fixed Costs: $1700
Task 2: Archaeological and Barbareflo Chumash Monitoring Dr. Leftwich will arrange for the presence of a qualified archaeological technician to monitoring ground disturbing activities as required by the City. Expected duration of the project development requiring monitoring is 60 workdays. The archaeological monitor's duties include:
o Maintain a daily log of monitoring activities, take photographs, and complete required paperwork.
r Coordinate with the Native American monitor on site.
o Adhere to all health and safety protocols, including both the monitoring health and safety plan, and any health and safety protocols set forth by other contricted agents on site.
r Maintain stop work authority should unanticipated cultural resources or potential cultural deposits be observed.
Leftwich Archaeology will arrange for and contract with an appropriate Barb arefio f Venturefio Chumash monitor to be on site during ground disturbing ictivities associated with the project. Native American monitors operate as independent contractors, and thus 2 their rates can vary. Rates are anticipated estimates, It is possible the same Native American monitor would not be available for the duration of the project.
Long-term monitoring projects typically do not have predetermined end dates. In addition, it is understood construction activities may occur in phases, meaning there may be periods of inactivity for which monitoring is not required. Therefore, monitoring costs will be charged on an hourly basis. There will be no accrued charges for Task 2 in weeks when no monitoring is required or necessary, except if substantial administrative or communications work is required during these down periods. The following rates are valid for one year from the proposal date.
Costs:
$93/hour for archaeological monitoring by Dr. Leftwich and/or archaeological technician
o Minimum of 4 hours charged per day on site, not including drive time. o If monitoring is requested for a specific date, cancelation with less than 24 hours will result in a 4 hour charge.
o For stop work situations, 30 minutes of uncharged stop work is allowed per day (e.g., lunch break), Additional stop-work time, if presence on site is still required, will be charged at regular rate.
o Monitoring over 40 hours per week will be charged at $135/hour. Work on weekends and state or federal holidays will be charged overtime. o Travel time will be charged per day. Travel time does not count towards overtime.
o Travel Mileage per current federal rate (typically from Goletal. o An additional monitor can be supply for concurrent construction activities as necessary for the same hourly rate.
$85/hour (estimated) for a qualified Barbarefro / Venturefro Chumash Native American monitor [subcontractor markup included)
o Actual rates, travel time charges, mileage, administrative costs, etc., will be determined by the Native American monitor,
o Typically, Native American monitors charge a minimum of 4 hours per day of fieldwork.
o One hour of paid travel time allotted per day. Travel time does not count towards overtime.
o Monitoring over 40 hours per week will be charged at $I27 /hour. Work on weekends and state or federal holidays will be charged overtime, o An additional Native American monitor can be supply for concurrent construction activities.
$300/week for administrative and supply costs (flat rateJ o Only charged during week with monitors in the field, or if substantial administrative or communications work is necessary during non-field weeks. a
t
a
3 Task 3: Cultural Resources Monitoring Reports
At the conclusion of the cultural resource monitoring program, Dr. Leftwich will write and deliver to the Client a Cultural Resource Monitoring Report per the CEeA and City of ' Carpinteria standards. This report will include project information, background informaiion, personnel on site, construction activities, observations made during monitoring, photographs, logs, and maps. This report serves as proof of complian.. to the City;s mitigation measure of required cultural resource monitoring. Negative monitoring reports typically follow memorandum format.
Costs:
Costs: $2,000
As this is an "as-needed" hourly time and materials contrac! the overall cost of an archaeological and Native-American monitoring project is undetermined. Rates in this contract remain valid for one calendar year.
Proiected Cost for a 60 Workday Proiect
Given the open-ended nature of monitoring projects, the following is a cost projection if the Via Real project required 60 workdays of continuous monitoring, Assumed costs are for 40- hour work weeks for one archaeological monitor and one Native American monitor. Both monitors will receive mileage and one hour of travel time per day.
Task L: $1",700
Task 2: Archaeological Monitor ($93hr. X 8 hours X 60 days) = $44,640 Native American Monitor ($85/hr. X I hours X 60 days) = $40,g00 Archaeologist Mileage (est. $3S/day X 60 days) = $2,100 Native American Mileage (est. $60/day X 60 days) =$3,600 Archaeologist Travel Time ($93/day X 60 days) = $5,590
Native American Travel Time ($85/day X 60 days) =$5,100 Administrative and Supply Costs [$300/wk. X 12 weeks) = $3,600 Task 3: $2,000
Total Estimated Costs for 60 Workdays: $109,120
Note: Archaeological and Native American monitoring is billed on an hourly basis. Should the project exceed 60 workdays, project costs will be higher, but billed at the stated rates.
Should the project finish under 60 workdays, project costs will be lower.
Assumptions
The following assumptions are made for this project. Deviation from these assumptions may increase the time and cost of this estimate.
a
4 1) No human remains will be observed.
2) No unanticipated cultural resources will be observed, 3) Should unanticipated cultural materials be observed, Dr. Leftwich and any archaeological monitor under his supervision will maintain stop work authority to allow the finds to be evaluated.
4) Additional formal Native American consultation will not be necessary, including AB52 consultations or Native American Heritage Commission communication. 5) Leftwich Archaeology will arrange, contrac! and pay the Native American monitor.
Dr. Leftwich will in turn invoice the Client for the Native American monitors' charges. 6) Background research will be limited to the documents supplied by the Client or previously obtained by Leftwich Archaeology. Access to records at the Central Coast Information Center (CCIC) will not be necessary.
7) The Client will provide access to the project site, as necessary.
B) The Client will provide a detail written description of the proposed project including a plan drawing or map showing existing and proposed structures in the project area. 9J The Client will clearly communicate project scheduling needs in with at least two weeks' notice. Last minute scheduling may not be accommodatable, and it will result in priority surcharges for that week.
10)The end of the field monitoring requirement will be determined by a unanimous agreement between Dr. Leftwich, the Chumash monitor, the construction supervisor, and the City of Carpinteria representative. No ground disturbing activities can occur within the project site without monitors present, unless agreed upon in advance by Leftwich Archaeology and applicable personnel.
1L)The Client and their representatives [e.g,, construction crew, security, contractors, or any other on-site personnelJ will conform to OSHA Health and Safety standards. 12)The Client and their representatives [e.g., construction crew, security, contractors, or any other on-site personnelJ are aware that documentation of construction activities and general conditions are part of monitoring. This documentation may include field notes, digital photography and videography, drone usage, or other means as may be required.
1-3)The Client or their contracted representative will arrange for temporary bathroom and hygiene facilities on site. Dr. Leftwich is not responsible for contracting, arranging, or paying for such facilities.
L4)Dr. Leftwich will not be responsible for delays or cost incurred by inclement weather, difficulty in accessing the property, or other events or measures beyond his control. 15)The project area is not considered a HAZWOPER work site. Therefore, no personnel are required to have current 40-Hour HAZWOPER Certification. 16JAn electronic copy of the report will be satisfactory.
It should be noted that Cultural Resource Monitoring and the production of a Cultural Resource Monitoring Report do not guarantee that no unexpected or significant existing or potential cultural resources exist in the project area. Should cultural materials be observed, Leftwich Archaeology must record the resource and may recommend additional testing at the site per the County's mitigation measure. Such an activities would be considered out of scope, and therefore they would result in new consultations and costs with the applicant. 5 Deliverable and Timetable
A PDF copy of each of the Cultural Resources Monitoring Reports will be sent directly to the Client and / or their representative Leftwich Archaeology witl be responsible for submitting a copy of the final Cultural Resources Monitoring Reports to the Central Coast Information Center [CCIC).
Provided the terms of this proposal are agreed to and no assumptions are exceeded. Dr.
Leftwich anticipates that each final Cultural Resources MonitoringReport can be delivered to the Client within three weeks of the completion of fieldwork foieach condition.
Payment Terms
The Client will agree to the following payment terms:
o A retainer of $7,500 must be paid prior to the beginning of fieldwork. Dr. Leftwich will deduct from the retainer costs and expenses at the beginning of the project. The cost of the retainer will be deducted from the initial monitoring invoice. o Monitoring will be submitted and must be paid every 30 days. o Any remaining balance must be paid upon the delivery of the Cultural Resource Monitoring Report
Thankyou,
Brent Leftwich, ph.D., R.p.A.
6 City of Carpinteria
Councu- AceruoR Srnrr RepoRr
July 8,2024
ITEM FOR COUNCIL CONSIDERATION
Closeout of Carpinteria Skate Park Project.
STAFF RECOMMENDATION
Authorize the Mayor to sign the Closeout Agreement and Release of Claims for the Carpinteria Skate Park Project with Lash Construction, lnc.
Sample Motion: I move to authorize the Mayor to sign the Closeout Agreement and Release of Claims for the Carpinteria Skate Park Project with Lash Construction, lnc. (This motion requires a roll callvote.)
BACKGROUND
On March 14, 2022, the City Council awarded a construction contract to Lash Construction, lnc. in the Total Base Bid amount of $2,089,242 for the Carpinteria Skate Park Project. On March 15,2022, the Notice of Award was issued to Lash Construction, lnc. in order to begin the process of executing the construction contract including furnishing the required performance bond, payment bond, and certificates of insurance and insurance endorsements. Staff confirmed the construction contract was fully executed and issued the Notice to Proceed to Lash Construction, lnc. for starting construction on May 9, 2022.
The purpose of this agenda item is for the City Council to authorize the Mayor to sign the Closeout Agreement and Release of Claims for the Carpinteria Skate Park Project with Lash Construction, lnc.
DISCUSSION
The general scope of work for the Carpinteria Skate Park Project consisted of a concrete skate facility including park furniture, public restroom, parking, stormwater quality treatment device, and landscaping. During the course of construction, contract change orders were directed by the Public Works Director. Table 1 below summarizes the contract change orders:
Closeout of Carpinteria Skate Park Project
July 8,2024
Page2
Table 1: Gontract Ghange Orders
Contract
Change
Order No Brief Description Cost
1 Stormwater I nfiltration C hamber $22,124
2 Modified Skate Park Design $35,722
3 Recycled Hig
Paver System
h Density Polyethylene (HDPE) Permeable $17,626
4 Potable Water Li
Removal
ne, Additional Potholing, and Tree Stump $37,292
5 Drainaqe. Perqola , and Electrical $87,067
6 Various Extra Work $65,323
7 Balancing Contract Change Order $'150,807
Total $415,961
The Balancing Contract Change Order accounts for any increases and decreases in quantity of bid items for the final amount of work. The Balancing Contract Change Order also accounts for extra work and eliminated work.
Table 2 below summarizes the project revenue and expense.
Table 2: Project Revenue and Expense
Construction management and inspection were performed by consulting services.
The Public Works Director finds the work as being in conformance with the contract documents and determined the construction was completed on June 3,2024. Therefore, staff recommends for the City Council to authorize the Mayor to sign the Closeout Agreement and Release of Claims as shown in Attachment A.
Revenue
Capital lmprovement Projects Fund*
General Fund Measure X Private Funds Quim Fees State Grant $2,924,613
Total $2,824,613
Expense
Construction Contract (Total Base Bid) $2,099,242
Contract Change Orders $415,961
Construction Ma nt, lnspection, and Testing $233,410
City Furnished Materials $116,000
Water Meter and Backflow Prevention Device Relocation ($3o,ooo) Total $2,824,613 *Amended as appropriated by City Council Program Budget roll-overs and an amendmen
and inspection services.
such as from prior fiscal years' Capital lmprovements
t to a consulting agreement for construction management Closeout of Carpinteria Skate Park Project
July 8,2024
POLICY CONSISTENCY
The recommendation is consistent with the prqcedures of Carpinteria Municipal Code Chapter 3.32 (Purchasing System) for public works projects.
FINANCIAL CONSIDERATIONS
No Additional Funding Requested.
LEGAL AND RISK MANAGEMENT CONSIDERATIONS
ln accordance with the contract documents, the Closeout Agreement and Release of Claims is required for capital projects to be closed out.
OPTIONS
1. Authorize the Mayor to sign the Closeout Agreement and Release of Claims for the Carpinteria Skate Park Project with Lash Construction Company. (Staff Recommendation)
2. The City Council could choose to not approve the recommendation and direct staff as determined appropriate.
PRINCIPAL PARTIES EXPECTED AT MEETING
There are no principal parties expected at the meeting.
ATTACHMENTS
Attachment A: Closeout Agreement and Release of Claims
Staff contact:
John L. llasin, Public Works Director
(805) 880-3402; [email protected]
Reviewed by:
Licette Mald onado, Ad m i n istrative Services Di rector (805) 7 55-4448; I icettem@carpi nteriaca. qov Signature Reviewed by:
Ryan Kintz, Assistant City Manager
(805) 755-4400; [email protected]
Reviewed by:
Michael Ramirez, City Manager
(805) 7 55-4450; m ichael r@carp i nteriaca.qov
ture
ATTACHMENT A
Gloseout Agreement and Release of Glaims
CLOSEOUT AGREEMENT AND RELEASE OF CLAIMS
THIS AGREEMENT AND RELEASE OF CLAIMS (Agreement) is made in Carpinteria, California, this 24th day of June, 2024,by and between the City of Carpinteria, (Owner), and Lash Construction. Inc. (Contractor).
KNOW ALL PERSONS BY THESE PRESENTS:
That the undersigned, as the authorized representative ofContractor, and for each ofits successors, assigns and partners, for and in consideration of Two Million Eighty Nine Thousand Two Hundred and Forty Two Dollars and Zero Cents ($2.089"242.00), for the original Contract amount, and the sum of Four Hundred and Fifteen Thousand Nine Hundred Sixty One Dollars and Five Cents ($415.961.05) for Contract Change Order Nos. I through 7, receipt of which is acknowledged, does release and forever discharge Owner, and each of its successors, assigns, council members, officers, agents, servants, volunteers and employees, from any and all rights, claims, causes of action, demands, debts, obligations, liabilities, actions, damages, costs and expenses (including but not limited to attorneys', paralegal and experts' fees, costs and expenses) and other claims, which may be asserted against Owner by reason of any matter or thing which was the subject matter oforbasis for:
A. The performance of all terms and conditions of that certain agreement dated March 25. 2022, for Owner, project described as Carpinteria Skate Park Project.
Contract Change Order No. 1 , as approved by the parties, dated January 3.2023; Contract Change Order No. 2, as approved by the parties, dated January 3 " 2023; Contract Change Order No. 3, as approved by the parties, dated January 10, 2024; Contract Change Order No. 4, as approved by the parties, dated October 25.2023; Contract Change Order No. 5, as approved by the parties, dated January 10.2024; Contract Change Order No. 6, as approved by the parties, dated March 11.2024; and Contract Change Order No. 7, as approved by the parties, dated June 10"2024.
Nothing contained in this Agreement shall waive or alter the rights, privileges, and powers of Owner or the duties, liabilities and obligations of Contractor and its surety(ies) in respect to any portion of the Contract.
Owner has received the following claims from Contractor: None. Except as expressly provided in this section, Owner has received no other claims from Contractor.
Upon execution of this Agreement, Owner agrees to promptly record a Notice of Completion with the Santa Barbara County Recorder.
Contractor and Owner agree that the total adjusted Contract Price and time of performance after the execution of change orders, is as follows:
B.
2 J
4. 5
Original Contract Price
Original Calendar Days
Adjusted Contract Price
Adjusted Calendar Days
6. The current amount owing to Contractor is:
Adjusted Contract Price:
Less: Amount Previously Paid
Retention
BALANCE:
$2.089.242.00
180 days
$2"50s.203.0s
180 days
$2.s05.203.0s
$(2.379.e42.e0)
$(r2s.260.15)
$0.00
7 The retention will be released to Contractor at the expiration of thirty-five (35) calendar days after the date of recording a Notice of Completion with the Santa Barbara County Recorder or when all stop notices have been released, whichever last occurs. The release provided pursuant to this Agreement shall not apply to Contractor's right to the retention amount until and to the extent such amounts are reciived by Contractor. '
It is understood and agreed by Conhactor that the facts with respect to which the release provided pursuant to this Agreement is given may turn out to be other than or different from the facts as now kno*n or believed to be, and Contractor expressly assumes the risk ofthe facts turning out to be different than they now appear, and agrees that the release provided pursuant to this Agreement ihall be, in all respects, effective and not subject to termination or rescission by any such difference in facts and Contractor eipressly waives any and all rights it has or may have under California Civil Code Section 1542, which providis as iollows:
"A general release does not extend to claims which the creditor does not know or suspect to exist in its favor at the time of executing the Release which if known by it must have materiaily affected its settlement with the debtor."
The release made by Contractor is not to be construed as an admission or admissions of liability and Contractor denies any such liability. Contractor agrees that it will forever refrain and forebear from commencing, instituting or prosecuting any lawsuit, action or other proceeding against Owner based on, arising out of, or in any way connected with the subject matter of this release.
Except as specifically provided in this Agreement, the Contractor releases Owner from all claims, including but not limited to those of its Subcontractors for all delay and impact costs, if any.
The Conhactor represents and warrants to Owner that Contractor has not assigned or transferred or purported to assign or transfer to any person, firm, corporation, association or entity any of the rights, claims, warrinties, demands, debts, obligations, liabilities, actions, causes of action, damages, costs, expenses and other claims and Contractor agrees to indemnif, and hold harmless Owner, its successors, ursignr, council members, officers, agents, servants, volunteers and employees, from and against, without limitaiion, any and all rights; claims, warranties, demands, debts, obligations, liabilities, actions, causes of action, damages, costs, expenses and other claims, including but not limited to attorneys', paralegal and experts' fees, iosts and expenses arising out of or connected with any such assignment or transfer oi purported assignment or transfer.
The parties acknowledge that they have been represented by counsel of their own choice in connection with the preparation and execution of this Agreement. The parties acknowledge and represent that they understand and voluntarily consent and agree to each and every provision contained in this Agreement.
The, persons executing this Agreement represent and warrant to the other party that the execution and performance of the terms of this Agreement have been duly authori zed by iU indiuidual, corporate, partnership, or other entity requirements and that such persons have the righi, power, legal capacity and authority to execute and enter into this Agreement.
The parties further acknowledge and represent that no promise, inducement or agreement, not expressed in this Agreement, have been made and that, with respect to the matters considereJ, this Agreement contains the entire agreement among the parties and that the terms of the Agreement are contractual and not a mere recital.
APPROVED AS TO FORM CITY OF CARPINTERIA
a Municipal Corporation
8. 9
l0
11 l2
13 Jena Shoaf Acos, on behalf of Brownstein Hyatt
Farber Schreck, LLP acting as City Attomey of
the City of Carpinteria
By
Mayor
APPROVED AS TO CONTENT: CONTRACTOR
John L. Ilasin, City Engineer
ATTEST:
Title
Brian C. Barrett, CMC, CPMC, City Clerk
City of Carpinteria
Cour.tcr- AceruoR Srnrr Reponr
June 24,2024
ITEM FOR COUNCIL CONSIDERATION
Legislation Position Letter Opposing Assembly Bill 2557.
STAFF RECOMMENDATION
Consider and act on the draft letter of opposition concerning Assembly Bill 2557.
Sample Motion: I move to approve submittal of the letter of opposition concerning Assembly Biil 2557.
BACKGROUND
From time to time, the City Council chooses to take positions on state or federal legislation. lnformation from the League of California Cities (CalCities) is regularly included in Council meeting agendas, allowing Council members to request that a legislative issue be added to a future agenda or to authorize the City Manager to submit a position letter on the City's behalf.
On June 24, 2024, the City Council directed staff to schedule an opposition letter for Assembly Bill 2557 for a future Council meeting.
This agenda item is intended to provide the Council with an opportunity to consider and potentially act on the attached draft letter (Attachment A).
DISCUSSION
Assembly B:ll 2557 (AB 2557)
Existing law relating to the government of counties authorizes a county board of superuisors to contract for ceftain types of specialseryrces on behalf of the county, any county officer or depaftment, or any district or court in the county. Existing law requires fhose specialservices contracts to be with persons who are specially trained, experienced, expert, and competent to pertorm those seryrces. This bill would require, as of July 1, 2025, each board of superuisors that solicits for and enters into a specified contract for specia/ seryices to post that contract and any related documents, as specified, on its internet website. The bill would require, as of July 1, 2026, each contract, as described above, to include, among other things, the Opposition Letter Against AB 2557
July 8,2024
obiectives, desirables, and goals of the contract. The bitt would require, before beginning a procurement process to contract for functions, duties, responsibilities, or services, as specified, the board of superuisors, or its representative, to give reasonable written notice to the exclusive employee representative of the workforce -affected by the contract of its determination to begin that process. Ihe bitt woutd also require, at lea'st 30 days before the modification or renewal of the above-described contract, the board of supervisors, or its representative, to notify, as specified, the exclusive employee representative of the workforce affected by the contract of the intent to modify or renew the contract. This bitt contains other related provisions and other existing laws.
CalCities opposes AB 2557.
POLICY CONSISTENCY
It is within the discretion of the City Council to take positions concerning federal and state legislation.
FI CONSIDE TIONS
No Additional Funding Requested. Minimal staff time to prepare the report is included in the Adopted FY 2024-25 General Fund Budget.
LEGAL AND RISK MANAGEMENT CONSIDERATIONS
There are no legal or risk management considerations presented.
OPTIONS
1. Take action to submit the opposition letter (staff recommendation). 2. Direct that an alternate position, i.e. support or neutral, be taken. 3. Do not take a position,
PRINCIPAL PARTIES EXPECTED AT MEETING
There are no principal parties expected at the meeting.
ATT ENTS
A. AB 2557 Opposition Letter
Staff contact: Brian C. Barrett, City Clerk
(805) 7 55-4403; [email protected]
Reviewed by: Ryan Kintz, Assistant City Manager
(805) 7 55-4400, [email protected]
ATTACHMENT A
CITY of CARPINTERIA, co"IFoRNIA
July 8, 2024
The Honorable Liz Ortega
California State Assembly
1021 O Street, Suite 5120
Sacramento, CA 95814
Members of the City Council
AlClark - Mayor
Natalia Alarcon - Vice Mayor
Roy Lee
M6nica Sol6rzano
Wade T. Nomura Re AB 2557 (Ortega): Local agencies: contracts for special services and temporary help: performance reports
Notice of Opposition
Dear Assembly Member Ortega,
The City of Carpinteria writes to inform you of our opposition to your Assembly Bill 2557, a measure relating to contracting by local agencies. Like previous legislative efforts that attempted to curb local agency authority for contracting, our organization believes the proposal contained in AB 2557 is overly burdensome and inflexible, likely resulting in worse outcomes for vulnerable communities and diminished local services for our residents. To be frank, AB 2557 creates a de facto prohibition on local agency service contracts due to the onerous obligations and costs associated with its requirements, creating untenable circumstances for local agencies and disastrous consequences for the communities we serve.
Specifically, AB 2557 mandates that local agencies must notify the relevant employee organization at least 10 months before initiating a procurement process to contract for special services that are either currently or have been provided by a member of the employee organization within the past 10 years. This notification is required once the governing body determines to start the procurement process. The definition of special services varies by agency type, but cover a broad affay of services provided by local agencies, from essential government administration services to medical and therapeutic services to legal and other technical services. This is an infeasible obligation, as local agencies often are unaware of a need fora procurement process 10 months prior. Such a situation could occur under any number of circumstances; a few examples: a labor dispute that results in a strike, a natural disaster, a global pandemic, emergency utility repairs, emergent and on-call situations, an unanticipated need to care for those crossing our southern border seeking asylum, and the list goes on. Local agencies have consistently demonstrated their adaptability in times of need. However, the 1O-month notification requirement and the broad scope of services mandated by AB 2557 (Ortega) are arbitrary and impractical, significantly hindering these agencies' ability to effectively address local needs,
AB 2557 would then require contractors to provide quarterly performance reports with a litany of required components, including personally identifiable information for its employees and subcontractors, that is then subject to the California Public Records Act. An entire local 5775 CARPINTERIA AVENUE o CARPINTERIA, CA 93013-2603
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City of Carpinteria Opposition Letter to AB 2SST (Ortega)
bureaucracy would have to be created at a considerable cost to comply with provisions that require these quarterly performance reports to be monitored to evaluate the quality of service. A particularly troubling provision would require the local agency to withhold payment to the contractor under any of the following circumstances that are deemed breach of contract: (1) Three or more consecutive quarterly performance reports are deemed as underperforming by a representative of the governing body or a representative of the exclusive bargaining unit; (2) The contractor fails to provide the quarterly reports required by this section or provides a report that is incomplete. Payment may only be made when a contractor submits a plan to achieve substantial compliance with the contract and this section, unless the governing body, the employee organization, or assigned representatives reject the plan as insufficient and explain the reasons for the rejection or, in the case of incomplete reports, all complete reports are provided unless ihe governing body, the employee organization, or assigned representatives reject the reports is incomplete.
These provisions would undoubtedly deter non-profit providers, community-based organizations, and other private service providers from engaging with local agencies, likely exacerbating existing demanding caseloads and workloads for our current staff and driving up costs. ln addition, not only would private employee data be accessible to any member o] the public via the California Public Records Act, but the measure disregards constitutional privacy rights by requiring the publication of personal financial informltion about private employees. Finally, these provisions elevate the employee organization to a decisionmaking entity for expenditure of local resources equal to that of the duly elected governing body that is directly accountable to voters. Authorizing an employee organizationlo decide to withhold payment to a contractor is not just an inconceivable policy proposal, but also raises serious constitutional questions about delegation of a public authority to a non-public entity' Even if a contractor were comfortable with sharing the personal information of its employees, what contractor would be willing to take the risk that they would not get paid for completed work as outlined in a contract?
Finally, in addition to the obligation of the contractor to provide quarterly performance reports every 90 days, AB 2557 requires a performance audit by an independent auditor (who would likely also be subject to the provisions of AB 2557) to determine whether performance standards are being met for contracts with terms exceeding two years at the contractor's cost. (lt is unclear to us what is intended to be learned from this performance audit as opposed to the quarterly performance reports that are proposed for review by the governing body and the employee organization. Four quarterly performance reports would be-provided, then a performance audit would be started, while four additionai quarterly pe*ormance reports would be provided presumably prior to completion of the performance audit. That is a total of nine reports over a period of 24 months.) This provision fails to reflect an understanding of the practical logistics of actually achieving this reporting and review in a timely manner, not to mention the additional burden placed on contract-ors, which would presumably be an additional deterrent to engaging with local agencies, Because a contract renewal or extension may only occur after a review in conference with a representative of the.exclusive bargaining unit, this provision also provides the opportunity to defer or delay such a renewal or extension. No matter what, the abundance of reporting obligations 5775 CARPINTERIA AVENUE o CARPINTERIA, CA 93013-2603
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City of Carpinteria Opposition Letter to AB 2557 (Ortega)
outlined in AB 2557 is likely to come with considerable local costs and is unlikely to facilitate effective and efficient provision of local programs and services.
It is important to note that local agencies are already subject to the statutory provisions ot the Meyers Milias-Brown Act (MMBA) and related provisions of state law. These laws already establish that local agencies cannot contract out bargaining unit work simply to save money and most contracting-out decisions are subject to meet-and-confer requirements.
There are exceptions to the meet-and-confer requirement in cases of compelling necessity (like an emergency) or when there is an established past practice of contracting out particular work. AB 2557 does not incorporate either of these limitations. Our position is that these issues are better addressed at the bargaining table where local conditions can be appropriately considered.
Counties, cities, and special districts are constantly challenged by the state to do more, to be more effective and efficient, to be accountable to the public for the resources that we are responsible for managing. Efforts like AB 2557 - along with a similar measure, AB 2489 by Assembly Member Chris Ward - tie the hands of local agencies in their most basic administrative function. ln doing so, the proposal sets local agencies up for failure - without reasonable tools to manage our constitutional and statutory obligations, there can be no expectation that local agencies make progress on the policy goals that the Legislature and Administration have set forth.
AB 2557 represents a sweeping change to the fundamental work of local governments, but we are unaware of a specific, current problem that this measure would resolve or prevent.
We are keenly aware, though, of the very real harm that will result from this measure. AB 2557 will not improve services, reduce costs, or protect employees. As a result, we are opposed to AB 2557. Should you have any questions about our position, please reach out to us directly.
Sincerely,
Al Clark, Mayor
City of Carpinteria
Cc: David Mullinax, Channel Counties Public Affairs Manager, dmulli lcities.oro Leage of Cal iforn ia Cities, citvletters@calcities. ors 5775 CARPINTERIA AVENUE o CARPINTERIA, CA 93013-2603
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City of Carpinteria
COUNCIL AGENDA STAFF REPORT
July 8, 2024
ITEM FOR COUNCIL CONSIDERATION
Hearing at the request of the City of Carpinteria to:
1. Introduce and conduct first reading of Ordinance No. 785, an amendment to the City’s Local Coastal Program that makes changes to Carpinteria Municipal Code, Title 14- Zoning, by amending regulations concerning Accessory Dwelling Units and Junior Accessory Dwelling Units (Project No. 23-2231-LCPA/ORD); and
2. Adopt Resolution No. 6340 certifying that Ordinance No. 785 is intended to carry out the policies of the City’s certified Local Coastal Program consistent with the California Coastal Act, and direct that the proposed Local Coastal Program Amendment be transmitted to the California Coastal Commission for certification.
STAFF RECOMMENDATION
Staff recommends City Council take the following actions:
1. Approve, on first reading, Ordinance No. 785, as read by title only; and
2. Adopt Resolution No. 6340, as read by title only; and
3. Determine that Ordinance No. 785 is exempt from review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Section 15303.
Sample motion: I move to approve Ordinance No. 785, as read by title only, adopt Resolution No. 6340, as read by title only, and approve the CEQA Notice of Exemption.
BACKGROUND
On January 28, 2023, the City Council approved Ordinance No. 758, which rescinded and replaced in its entirety Chapter 14.72 of the Carpinteria Municipal Code (CMC), and minorly amended other chapters, in compliance with State laws regarding Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs). A copy of CMC Chapter 14.72, which reflects the City’s current ADU and JADU regulations, is included with this report as Attachment E. Since adoption of Ordinance No. 758, applications for Ordinance No. 785, First Reading, Amending ADU/JADU Regulations July 8, 2024
30 ADUs and 6 JADUs have been submitted. As of July 1, 2024, 20 of these have successfully completed all necessary reviews and obtained their respective building permits.
The State legislature continues to identify the production of ADUs and JADUs as an important tool to increase infill housing production, and continues to make further refinements to ADU and JADU law in an effort to support broader production of ADUs and JADUs statewide. Accordingly, in September 2022, the State legislature passed and the Governor signed into law Senate Bill (SB) 897 and Assembly Bill (AB) 2221, which further amended state requirements for local government regulation of ADUs and JADUs.
Again, in September 2023, the State legislature passed and the Governor signed into law AB 1033, AB 976, and AB 1332, further amending State laws related to ADUs.
To maintain the City’s ADU/JADU regulations’ compliance with State law, the City Council unanimously passed Resolution No. 6265 on August 28, 2023, initiating amendments to CMC Chapter 14.72, part of the City’s certified Local Coastal Program (LCP) and zoning code to incorporate recent changes to state ADU and JADU law. Once the 2023 State legislative session concluded, Staff began work on Ordinance No. 785. The proposed Ordinance is provided as Attachments A and B, in both a clean version and a strikeout/underline version to show changes made.
Staff presented proposed Ordinance No. 785 to the Planning Commission on March 4, 2024. The Commission voted unanimously to recommend that the Council approve and adopt the Ordinance, with a few minor amendments, as discussed below.
The purpose of this agenda item is for the City Council to introduce on first reading, Ordinance No. 785, amending CMC Chapter 14.72, and to adopt Resolution No. 6340, directing City staff to transmit the Ordinance to the California Coastal Commission (CCC) and confirming that Ordinance No. 785 is intended to carry out the City’s LCP. Should the Council vote to approve the Ordinance on first reading and adopt the Resolution, staff will submit the Ordinance to the CCC for certification, and once certified, return to City Council for formal adoption upon a second reading.
DISCUSSION
Summary of Proposed Changes
The passage of SB 897 and AB 2221 in 2022, and AB 1033, AB 976, and AB 1332 in 2023 changed State ADU and JADU law in a number of ways that require the City’s regulations to be updated. Due to the detailed nature of many of the changes, a summary table of these five laws and how they would be implemented by Ordinance No. 785 is provided as Attachment D. Some key changes include:
• All standards imposed on ADUs and JADUs must be objective. • An application for an ADU or JADU may not be denied due to existing nonconformances on the property.
Ordinance No. 785, First Reading, Amending ADU/JADU Regulations July 8, 2024
• If an ADU is within 0.5-mile walking distance of a major transit stop or a highquality transit corridor, or is detached and on a lot with a multifamily, multistory dwelling, it may be up to 18 feet tall.
• If an ADU is attached to a primary dwelling, it may be up to 25 feet tall; although a jurisdiction may specify that an ADU may not exceed two stories. • ADUs that are included in an application to create a new single family or multifamily dwelling on the same lot are not required to provide parking for the ADU.
• Front setback requirements may not prohibit the construction of at least an 800- square foot ADU on a lot, provided at least four-foot side and rear setbacks are maintained.
• ADUs are no longer required, at any point, to have an owner occupancy requirement. (JADUs still require owner occupancy.)
• Local agencies may adopt an ordinance allowing the separate conveyance of ADUs and primary dwellings.
All necessary changes to CMC Chapter 14.72 to address the requirements of SB 897, AB 2221, AB 1033, AB 976, and AB 1332 were incorporated in Ordinance No. 785, and the location of the changes in the Ordinance text is outlined in Attachment D. Staff also made minor additional edits to language throughout Chapter 14.72 to increase clarity without changing provisions of the Chapter. Notably, language in Section 14.72.090(A) was amended to clarify that a JADU shall always be allowed in addition to one Special ADU on a single-family lot.
The adoption of SB 897 added two additional regulations concerning the allowed height of ADUs, as noted above, increasing the maximum allowed height to 18 or 25 feet if certain criteria apply. Notably, if an ADU is located within ½ mile walking distance of a major transit stop, State law requires a height limit of at least 18 feet. At the March 4, 2024 meeting, the Planning Commission supported raising the citywide “baseline” ADU height limit from 16 to 18 feet, considering that a significant portion of the City is located within ½ mile walking distance of a major transit stop—the Amtrak station. This change would simplify language in Chapter 14.72.060(C) and clarify that ADUs up to 18 feet in height could be constructed City-wide. To comply with State law, Ordinance No. 785 would allow for the construction of attached ADUs up to 25 feet in height, and no more than two stories. For context, under Chapter 14.72 currently, ADUs can exceed 18 feet in height if the height of the primary residential unit is over 18 feet. In all zone districts which allow ADUs, the overall height limit for the primary residential structure is 30 feet.
The Planning Commission also recommended the following:
• Not to allow the separate conveyance of ADUs from primary dwellings at this time, although the Commission indicated it could be considered during future amendments to City ADU/JADU regulations.
• Change language in Section 14.72.060(F) such that privacy standards apply to ADUs 18 feet or taller in height (to align with the new “baseline” ADU height limit).
Ordinance No. 785, First Reading, Amending ADU/JADU Regulations July 8, 2024
• Change language in Section 14.72.060 to make design review standards more objective, including the prohibition on shiny/reflective exterior materials, and a requirement for certain ADUs to match design elements of the primary dwelling. • Edit language regarding fire sprinklers in Section 14.72.090(C) such that it matches the similar language in Section 14.72.050(E).
• Include a record correction in Section 14.72.035(A) to fix a typological error.
The staff report and meeting minutes for the March 4, 2024 Planning Commission meeting are provided as Attachments G and H, respectively.
After the March 4th meeting, staff identified that requirements related to school impact fees in Section 14.72.100(H) were at odds with current State ADU law, which prohibits all impact fees on any ADU smaller than 750 square feet (Government Code Section 66324(c)). Accordingly, Section 14.72.100(H) has been struck in Ordinance No. 785 (see Attachment B), and existing Section 14.72.100(G) specifies the impact fee exemption for ADUs under 750 square feet. In addition, the State legislature reorganized and recodified State ADU Law, without making substantive changes, in Government Code sections 66310-66342 on March 25, 2024. Ordinance No. 785 would update Chapter 14.72 to cross-reference the new Government Code sections.
California Coastal Commission Coordination
Prior to the March 4, 2024 Planning Commission meeting, staff sent a copy of the draft Ordinance No. 785 to CCC staff for an early review and input to ensure consistency with the California Coastal Act. Early review can help to streamline the LCP Amendment process, with the goal of seeking a “de minimis” waiver for final CCC certification. Coastal Commission staff have informed City staff that they did not identify any initial issues with the proposed Ordinance amendment, suggesting it would likely qualify for a “de minimis” waiver. City staff will continue to work closely with CCC staff throughout the certification process.
Comment Letter from California Housing Defense Fund
Just prior to the March 4, 2024 Planning Commission meeting, the City received a public comment letter from the California Housing Defense Fund (CalHDF) expressing concern with three provisions of proposed Ordinance No. 785. CalHDF’s concerns, followed by a summary of responses from the City Attorney’s Office as discussed at the March 4th meeting, are provided below.
1. The prohibition on conversion of commercial space to ADUs (Section
14.72.090(B)(1)) is not specifically authorized by State ADU law and is therefore unlawful.
Staff response: State ADU law permits local jurisdictions to impose objective development standards on ADUs. A prohibition on the conversion of commercial space to ADUs is a clear and objective standard, and thereby complies with Sate Ordinance No. 785, First Reading, Amending ADU/JADU Regulations July 8, 2024
ADU law. The Department of Housing and Community Development (HCD) also has interpreted that Government Code Section 66323(a)(3) is limited to the residential areas of mixed-use developments and not areas used for commercial and other activities. Additionally, policies in the City’s LCP protect visitor-serving commercial space, and this prohibition serves to harmonize the goals of the California Coastal Act and the City’s LCP with State ADU law.
2. Some design standards in Section 14.72.060(A) are not objective, and State law mandates that all local development standards for ADUs be objective.
Staff response: The design standards in proposed Ordinance No. 785 were carried over from the existing ordinance, which was approved in 2022 by both HCD and the California Coastal Commission. Nevertheless, the Planning Commission directed Staff to craft more objective design standards, and these changes are reflected in Section 14.72.060(A) of the proposed Ordinance (Attachments A and B).
3. The solar panel installation requirement in Section 14.72.060(G) is not specifically authorized by State ADU law and is therefore unlawful.
Staff response: Section 14.72.060(G) reflects provisions of the California building code, which requires solar panels on new residential construction (as specified) and which ADUs must comply with. The ADU Handbook published by HCD further confirms that solar systems are required for newly constructed ADUs.1
ENVIRONMENTAL
Ordinance No. 785 is statutorily exempt from review under CEQA pursuant to Public Resources Code Section 21080.17, which states that CEQA does not apply to adoption of an Accessory Dwelling Unit ordinance to implement the provisions of State Government Code Article 2 (commencing with Section 66310) of Chapter 13 of Division 1 of Title 7 of the Government Code. Ordinance No. 785 can also be found categorically exempt from review under CEQA pursuant to CEQA guidelines Section 15303, New Construction or Conversion of Small Structures, which includes “a second dwelling unit in a residential zone.” The draft Notice of Exemption is provided as Attachment F.
Although the ADU and JADU Ordinance is exempt from CEQA, the Ordinance contains provisions that may require discretionary review for individual ADU projects, which could subject projects to CEQA analysis on a case-by-case basis. This limited application of discretionary review includes ADU and JADU applications in the Beach Neighborhood Overlay District (as noted in CMC Section 14.72.030 and 14.72.110) and/or in the Coastal Appeals Overlay District (CMC Chapter 14.48).
1 HCD Accessory Dwelling Unit Handbook (July 2022), page 23. Available at https://www.hcd.ca.gov/sites/default/files/docs/policy-and-research/ADUHandbookUpdate.pdf Ordinance No. 785, First Reading, Amending ADU/JADU Regulations July 8, 2024
POLICY CONSISTENCY
There are a number of policies within the Land Use, Community Design, and Housing Elements of the City’s General Plan/Coastal Land Use Plan that speak to housing availability, community character, and coastal resource protection that are relevant to the City’s regulation of ADUs and JADUs. Some of the key policies are listed below.
LAND USE ELEMENT
Objective LU-1: Establish the basis for orderly, well planned urban development while protecting coastal resources and providing for greater access and recreational opportunities for the public.
Policy LU-1c: Where policies in the Land Use Element overlap, the policy that is most protective of resources (e.g., land, water, air, etc.) shall take precedence.
Objective LU-3: Preserve the small beach town character of the built environment of Carpinteria, encouraging compatible revitalization and avoiding sprawl development at the city’s edge.
Policy LU-3a: New development shall occur contiguous to existing developed areas of the city. Higher density in certain residential neighborhoods and for residential uses in commercial districts shall be provided as a means to concentrate development in the urban core consistent with zoning designations, particularly where redevelopment of existing structures is proposed.
Policy LU-3b: The Community Design Element shall guide the character of development, and represent a comprehensive statement of the community’s visual objectives.
Policy LU-3i: Ensure the provision of adequate services and resources, including parking, public transit and recreational facilities, to serve proposed development.
As State housing laws encroach on local jurisdictions’ ability to exercise discretion in the planning process, it is key that the City enact and continue to update local ADU/JADU regulations. Ordinance No. 785 will help the City continue to guide ADU development such that it is consistent with zoning regulations and design standards while providing much-needed infill housing.
Ordinance No. 785, First Reading, Amending ADU/JADU Regulations July 8, 2024
COMMUNITY DESIGN ELEMENT
Citywide Community Design Objectives
Objective CD-1: The size, scale and form of buildings, and their placement on a parcel should be compatible with adjacent and nearby properties, and with the dominant neighborhood or district development pattern.
Objective CD-3: The design of the community should be consistent with the desire to protect views of the mountains and the sea (California Coastal Act of 1976 §30251).
Community Design Subareas
Subarea 1. Downtown Beach Neighborhood
Objective CDS1-3: Ensure that the scale and character of new development is consistent with the existing small-scale character of the residential neighborhood and that it is consistent with the neighborhood “small beach town” image. Discourage new development of large, “boxy” buildings, with ground floors primarily devoted to garages.
Subarea 3. Santa Monica, Canalino and El Carro Neighborhoods Objective CDS3-2: Preserve and enhance the existing residential neighborhood and ensure that new development enhances the neighborhood character. [GP]2 Objective CDS3-3: Ensure that new development is sensitive to the scale and character of the existing neighborhoods, and consistent with the city’s “small beach town” image.
Subarea 4. The Northeast
Objective CDS4-2: To take advantage of the subarea’s unique mixture of workplaces and affordable housing to develop a vital living and working center for the city. [GP] Objective CDS4-3: Enhance existing residential neighborhoods and ensure that new development improves the neighborhood scale and character. [GP] Policy CDS4-a: Ensure that new development is sensitive to the scale and character of the existing neighborhoods, and consistent with the city’s “small beach town” image.
Subarea 5. Concha Loma Neighborhood
2 The notation [GP] included herein refers to provisions of the General Plan that are not part of the certified Local Coastal Program.
Ordinance No. 785, First Reading, Amending ADU/JADU Regulations July 8, 2024
Objective CDS5-2: Preserve the existing residential neighborhoods and their unique characteristics, and ensure that new development enhances the neighborhood character. [GP]
Objective CDS5-3: Ensure that new development is sensitive to the scale and character of the existing neighborhoods, and consistent with the city’s “small beach town” image.
Similarly to the Land Use Objectives and Policies, Ordinance No. 785 will support Community Design policies and objectives by regulating ADU and JADU development in a manner that is both consistent with all State laws to date and permitting ADU infill that matches and enhances existing neighborhood character. Ordinance No. 785 maintains design standards that enhance privacy for second story ADUs and requires matching stylistic elements between larger ADUs and their primary residences. 3 2023-2031 HOUSING ELEMENT 4
Program Category #1: Make Sites Available to Accommodate The RHNA Goals:
• Maintain an adequate supply of appropriately zoned land and take all necessary actions to support the production of at least 901 housing units in the City to accommodate the RHNA allocation for the 2023-2031 period • Maintain a jobs-housing balance or ratio within the 0.75 to 1.25 range suggested by the Santa Barbara County Association of Governments.
Policies:
• Adequate Sites: Provide sufficient sites in the General Plan/Coastal Plan and zoning map to meet the housing needs allocated to the City by the Regional Housing Needs Allocation (RHNA) Plan.
• Housing Types: In the General Plan/Coastal Plan and implementing ordinances, provide for a mix of housing types consistent with the City’s needs, including single-family detached and multi-family housing.
• Accessory Dwelling Units: Promote the development of ADUs consistent with State law and City regulations.
• Public Services and Facilities: Ensure that public services and facilities have the capacity to support the need for the new residential development allocated to the City by the RHNA Plan.
3 Special ADUs, which are under 800 square feet and more limited in configuration, have fewer design standards. See CMC Section 14.72.090
4 The Housing Element is part of the General Plan but is not part of the City’s certified Local Coastal Program. City Council readopted the 2023-2031 Housing Element on January 22, 2024. The Housing Element has not yet received certification by California State Housing and Community Development, pending the rezone of adequate acreage in the City to accommodate the City’s RHNA allocation.
Ordinance No. 785, First Reading, Amending ADU/JADU Regulations July 8, 2024
Programs:
2. Accessory Dwelling Units
Accessory dwelling units (ADUs) represent an important source of affordable housing in cities with high housing costs. Since ADUs can be accommodated on developed sites at no additional land cost, they represent an excellent option for addressing the needs of seniors, university students, household employees, local service workers and extended family members.
In 2023, after extensive collaboration with the California Coastal Commission, the City amended its ADU regulations in compliance with current state law [Ordinance No. 758].
The City will promote and facilitate ADU construction to facilitate an annual production of 20 units per year (160 units during this housing cycle) by implementing the following actions:
a. Post and annually update information regarding ADU opportunities at City Hall and on the website
b. Continue to review ADU regulations on an annual basis to determine whether standards could be modified to increase opportunities for additional ADUs without causing adverse impacts on surrounding properties.
c. Provide two standardized pre-approved ADU plans (400sf and 480sf) to interested homeowners.
d. Offer incentives such as fast-track processing and reduced processing fees when ADUs are voluntarily deed-restricted for low- or moderate-income persons. e. Monitor ADU production and affordability annually and implement additional actions or incentives if production is not meeting anticipated levels. Additional actions, if necessary, should be taken in a timely manner (e.g., within six months), and if necessary, the degree of additional actions should be in stride with the degree of the gap in production and affordability.
Maintaining ADU/JADU regulations that align with State law, particularly in instances where State law grants new allowances such as height or reduced setbacks, is important as the City fulfills its commitments in the 2023-2031 Housing Element. Ordinance No. 785 would provide interested property owners with the most current incentives and allowances available, helping maximize housing units by spurring infill development similar in style and scale to existing neighborhoods. The City has already made progress toward Program 2 and the implementation of AB 1332 with its two preapproved ADU plan sets, available to Carpinteria residents at no cost.5
5 The preapproved ADU plan sets are available for download at https://carpinteriaca.gov/cityhall/community-development/planning/accessory-dwelling-unit-program/ Ordinance No. 785, First Reading, Amending ADU/JADU Regulations July 8, 2024
ANNUAL WORK PLAN
The 2023-2024 Annual Work Plan includes “Housing Element Update and Response to State Housing Legislation” as a high priority item. Amendments to the City’s ADU and JADU regulations to conform to current State law are generally reflected in the tasks identified as part of this work plan item, which calls for updating the City’s Housing Element and Zoning Code to reflect current State housing laws.
LEGAL AND RISK MANAGEMENT CONSIDERATIONS
The City is obligated to amend its LCP and Zoning Code to closely conform to current state ADU/JADU law while still also complying with Coastal Act resource protection policies.
The proposed amendments to the City’s ADU/JADU regulations discussed in this report would not become effective within the City of Carpinteria until the necessary steps have been completed to obtain a certified LCPA from the CCC. In the interim, the City’s existing ADU/JADU regulations remain in effect given that state ADU/JADU law does not supersede the California Coastal Act.
FINANCIAL CONSIDERATIONS
Staff time necessary to complete the ordinance development and adoption work is paid for from the City’s General Fund and Measure X Program, and has been budgeted for in the current FY2024-25 adopted Budget as part of the Community Development Department’s Advance Planning program work.
Amending the City’s ADU/JADU regulations to conform to current state law is expected to have a small net positive impact on the number of ADUs and JADUs applied for and permitted within the City, along with a corresponding small increase in revenues associated with permit and plan check fees.
OPTIONS
1. Approve Ordinance No. 785 (first reading), adopt Resolution No. 6340, and find that Ordinance No. 785 is statutorily exempt from CEQA pursuant to Public Resources Code Section 21080.17, and is categorically exempt from CEQA pursuant to CEQA Guidelines Section 15303, New Construction or Conversion of Small Structures (Staff recommendation).
2. Decline approval of Ordinance No. 785 (first reading) and direct staff to make specified adjustments and return to a future Council meeting with an amended Ordinance.
Ordinance No. 785, First Reading, Amending ADU/JADU Regulations July 8, 2024
PRINCIPAL PARTIES EXPECTED AT MEETING
Affected property owners
Interested citizens
ATTACHMENTS
Attachment A Ordinance No. 785 (clean)
Attachment B Ordinance No. 785 (strikeout/underline)
Attachment C Resolution No. 6340
Attachment D Summary table of changes made in Ordinance No. 785 Attachment E CMC Chapter 14.72, current ADU/JADU regulations Attachment F Draft CEQA Notice of Exemption
Attachment G Planning Commission staff report for March 4, 2024 Attachment H Planning Commission minutes of March 4, 2024 Staff Contact: Megan Musolf, Assistant Planner
Community Development Department
(805) 755-4438 / [email protected] Signature
Reviewed by: Nick Bobroff, Director
Community Development Department
(805) 755-4407 / [email protected] Signature
Reviewed by: Ryan Kintz, Assistant City Manager
(805) 755-4400, [email protected] Signature
Reviewed by: Michael Ramirez, City Manager
(805) 755-4450 / [email protected] Signature
Attachment A
Ordinance No. 785 (clean)
27471775.2
ORDINANCE NO. 785
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARPINTERIA, CALIFORNIA, AMENDING CHAPTER 14.72 OF TITLE 14 (ZONING) OF THE
CARPINTERIA MUNICIPAL CODE IN RESPONSE TO STATE LEGISLATION
REGARDING ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY
DWELLING UNITS
RECITALS
WHEREAS, the State of California (State) finds that Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) are an innovative and effective option for adding housing in California at a time when the State faces a housing crisis of availability and affordability; and
WHEREAS, the City is required to plan to meet the housing needs of the community, reflected in the City’s Regional Housing Needs Allocation (RHNA), and to adopt an updated Housing Element each RHNA cycle describing how the City will accommodate those units; and
WHEREAS, there is a housing shortage in the City and the greater South Coast of Santa Barbara County, particularly for middle-, moderate-, low-, and very low-income households, with vacancy rates of less than 3%;1 and
WHEREAS, the production of ADUs and JADUs is identified in Program 2 of the City’s 2023-2031 Housing Element as an important strategy in providing affordable rental housing units in already developed areas of the City and in helping to meet the City’s RHNA of 901 units during this Housing Element planning period; and WHEREAS, on January 23, 2023, the City Council approved and adopted Ordinance No. 758, which rescinded and replaced in its entirety Chapter 14.72 - ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS of the Carpinteria Municipal Code (CMC), and minorly amended other chapters, in compliance with State ADU and JADU law as of 2021, and to harmonize the requirements of the California Coastal Act with the requirements of State ADU and JADU law; and
1 Source: 2022 census data that reports 148 rental housing units were vacant, which equates ~2.6% of the City’s estimated housing units in the City. See also Santa Barbara South Coast Chamber of Commerce (Dashboard April 2023) at https://sbscchamber.com/wp-content/uploads/2023/05/DataDashboard-April-2023.pdf 2 WHEREAS, in September 2022, Senate Bill (SB) 897 and Assembly Bill (AB) 2221 were signed by the governor, amending State regulations for ADUs and JADUs to, among other things, be more permissive of such units and to limit local jurisdictions’ ability to deny an ADU or JADU application; and
WHEREAS, on August 28, 2023, the City Council adopted Resolution No. 6265, initiating amendments to CMC Chapter 14.72 to incorporate new provisions of State ADU and JADU law that came into effect in 2023, and any additional ADU and JADU pending bills at that time that were anticipated to become law in the near future; and WHEREAS, in September 2023, the State legislature passed AB 1033, AB 976, and AB 1332, further amending State law regulating ADUs and JADUs; and WHEREAS, on January 22, 2024, the City Council re-adopted the City’s 2023- 2031 Housing Element, in which the City commits to promote and facilitate the development of ADUs as a form of affordable infill housing development, with the objective of facilitating the development of 112 ADUs during the planning period, and to review City ADU regulations throughout the planning period to ensure current incentives and allowances are available to property owners to promote ADU development; and WHEREAS, the proposed amendment to CMC Chapter 14.72 is in the interest of the general community welfare since it will serve to implement the requirements of State law that promote the development of ADUs and JADUs that will increase the supply of housing in the City while protecting coastal resources consistent with the Coastal Act and the City’s certified Local Coastal Program; and
WHEREAS, the Planning Commission held a duly noticed public hearing on March 4, 2024, as required by Government Code Section 65854, on the proposed CMC Chapter 14.72 amendment at which hearing the proposed amendment was explained and comments invited from people in attendance; and
WHEREAS, on March 4, 2024, the Planning Commission recommended on a 5-0 vote that the City Council adopt Ordinance No. 785, with minor changes, to implement changes to CMC Chapter 14.72 based on its determination of consistency with the City’s Local Coastal Program, General Plan, and Housing Element, and that the City Council determine that Ordinance No. 785 is statutorily exempt from review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17, and categorically exempt from review under CEQA in accordance with CEQA Guidelines (Cal. Code Regs., tit. 14) Section 15303; and WHEREAS, on July 8, 2024, the City Council held a duly noticed public hearing as required by Government Code Section 65854, at which the proposed Ordinance No. 785 was explained and comments invited from people in attendance, and, on a _____ vote, the Council approved the Ordinance and adopted Resolution No. 6340, directing City staff to transmit Ordinance No. 785 to the California Coastal Commission (CCC) for certification; and
3 WHEREAS, an application for a Local Coastal Program Amendment was submitted to the California Coastal Commission on ________, and was certified as being consistent with the California Coastal Act and the City’s Local Coastal program on _________; and
WHEREAS, the adoption of Ordinance No. 785 reflects the Council’s commitment to promote development of ADUs and JADUs in accordance with State housing laws, to increase the City’s affordable and market rate housing supplies and contribute to the City’s RHNA, and to protect coastal resources in accordance with the Coastal Act and the City’s Local Coastal Program.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARPINTERIA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. INCORPORATION OF RECITALS
The City Council hereby finds and determines that the foregoing recitals, which are incorporated herein by reference, are true and correct.
SECTION 2. AMENDMENT OF CHAPTER 14.72 OF CARPINTERIA MUNICIPAL CODE
Chapter amendments to the Carpinteria Municipal Code made by this ordinance are delineated below as underlined text.
Chapter 14.72, of Title 14 of the Carpinteria Municipal Code shall hereby be amended to read as follows:
Chapter 14.72 - ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY
DWELLING UNITS
14.72.010 Purpose and intent.
The purpose of this chapter is to provide for processing requests for Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) within zone districts that permit residential uses, as defined in this chapter and chapters governing zone districts of Title 14. The need for these provisions is based on the following findings:
1. The adopted policy of the city is to encourage a range of housing types, designs, and costs to suit the varying needs and desires of the community in terms of income, family size, and physical ability within existing neighborhoods.
2. Opportunities for affordable housing for persons of low and moderate income are becoming increasingly scarce.
4 3. The shortage of low-and moderate-income housing opportunities is exacerbated by the lack of available rental units at a time when few rental units are being constructed. Thus, the existing rental stock needs to be preserved and new rental opportunities provided.
4. Accessory Dwelling Units have been a part of the city's housing stock and provide a valuable source of rental housing for persons of low and moderate income, particularly the elderly, students, and single-parent family households.
5. The establishment of clear, objective development standards, consistent with applicable state law, including, but not limited to, Government Code Sections 66310 through 66342, and the California Coastal Act, is required to reduce the time necessary to secure permits for Accessory Dwelling Unit and Junior Accessory Dwelling Unit construction and to ensure that there will be no adverse effect on the public health, safety and welfare.
6. Expand opportunities to create additional housing to suit the spectrum of individual lifestyles and space needs, allow more efficient use of existing housing stock and public infrastructure, and provide a range of housing opportunities.
7. Allow Accessory Dwelling Units and/or Junior Accessory Dwelling Units as an accessory use to a primary residential unit, consistent with California Government Code Sections 66310 through 66342 and the California Coastal Act, as applicable.
8. Promote Accessory Dwelling Units and/or Junior Accessory Dwelling Units that are compatible with the surrounding neighborhood, cultural and historic resources, and historic districts; preserve the city's coastal resources including, but not limited to, environmentally sensitive habitats, public coastal access, and visual resources; promote long-term sustainability; contribute to a desirable living environment; and avoid risks to public safety associated with loss of life, property, and social dislocations resulting from identified coastal hazards, including flooding.
14.72.020 Definitions.
Chapter 14.08 (Definitions) apply to Chapter 14.72, unless they conflict with the definitions below. Where a conflict may occur, the definitions below shall apply and have the following meaning:
A. Accessory Dwelling Unit. An attached or a detached residential unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residential unit. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation and be located on the same parcel that the primary residential unit is or will be situated. An Accessory Dwelling Unit also includes an efficiency unit, as defined in Section 17958.1 of the Health and Safety Code, and a manufactured home, as defined in Section 18007 of the Health and Safety Code. The following categories of Accessory Dwelling Units are subject to specific development standards:
5 Accessory Dwelling Unit. Accessory Dwelling Units connected with an existing or proposed primary residential unit, with size, height, and setback standards as described in Section 14.72.055, (Development standards for Accessory Dwelling Units).
Special Accessory Dwelling Unit. Specific types of Accessory Dwelling Units, meeting specific criteria identified in Government Code Section 66323 that may be combined with a Junior Accessory Dwelling Unit with certain size, height, and setback standards described in Section 14.72.090, (Development standards for Special Accessory Dwelling Units). Further, Special Accessory Dwelling Units allow for more than one Accessory Dwelling Unit on a property with an existing or proposed multiple family dwelling structure. Such units are not subject to local zoning and development standards, but must meet building code and health and safety requirements.
B. Carshare vehicle. A motor vehicle that is operated as part of a regional fleet by a public or private car sharing company or organization which provides hourly or daily car sharing service to its members.
C. Efficiency kitchen. A kitchen that includes at a minimum:
1. Appliances for cooking food and refrigeration, either built-in or countertop.
2. A sink for food preparation greater than 12 inches by 12 inches, excluding the sink located in the bathroom.
3. A food preparation counter.
D. Existing floor area. A legally permitted building constructed on the site with a final inspection or certificate of occupancy as of the date of application submittal, that conforms to current zoning standards or is legal nonconforming as to current zoning standards, in accordance with Section 14.08.270 (Floor Area, Gross) and Section
14.08.275 (Floor Area, Net).
E. Junior Accessory Dwelling Unit. A unit that is no more than 500 square feet in size and contained entirely within an existing or proposed single residential unit. A Junior Accessory Dwelling Unit may include separate sanitation facilities or may share sanitation facilities with the existing or proposed single residential unit and includes an efficiency kitchen.
F. Passageway. A pathway that is unobstructed clear to the sky and extends from a street to one entrance of the Accessory Dwelling Unit.
G. Primary residential unit. The existing or proposed residential unit on a lot on which an Accessory Dwelling Unit and Junior Accessory Dwelling Unit is permitted. The primary residential unit shall comprise one unit in either a dwelling, one family; dwelling, two family; dwelling, multiple; or mixed-use development (as those terms are defined in Section 14.08 (Definitions) of this title).
H. Principal place of residence. The residence where a property owner actually lives for the greater part of time, or the place where the property owner remains when not 6 called elsewhere for some special or temporary purpose and to which the property owner returns frequently and periodically, as from work or vacation.
If multiple persons own the property as tenants in common or some other form of common ownership, a person or persons representing at least 50 percent of the ownership interest in the property shall reside on the property a majority of their time as their principal place of residence. Any person or persons who qualify for the homeowner's tax exemption under the California State Board of Equalization rules, may qualify as an owner occupant.
The burden shall be on the property owner to show that the primary residential unit, Accessory Dwelling Unit, or Junior Accessory Dwelling Unit is the property owner's principal place of residence as evidenced by qualifying for the homeowner's tax exemption, voter registration, vehicle registration, or similar methods that demonstrate owner-occupancy as their principal place of residence.
14.72.030 Where permitted.
A. Accessory Dwelling Unit. An Accessory Dwelling Unit that conforms to the development standards of this section shall be permitted in any zone that allows residential use, located on a lot developed or proposed to be developed with one or more residential units, except as prohibited or restricted in subsection C below. An Accessory Dwelling Unit that does not conform to the development standards of this section, may nonetheless be approved in accordance with the requirements of Section 14.72.055(A)(4).
B. Junior Accessory Dwelling Unit. A Junior Accessory Dwelling Unit may be permitted in any zone that allows residential use, and shall be located on a lot developed with an existing or proposed single residential unit, except as prohibited or restricted in subsection C below.
C. Prohibited or restricted locations.
1. Based on the final sea level rise vulnerability assessment and adaption plan identification of flooding hazards in the ADU beach neighborhood overlay district and city local coastal plan objective S-4, proposed Accessory Dwelling Units in the ADU beach neighborhood overlay district, as defined in the ADU beach overlay district zoning map shown as Exhibit 1 in Ordinance No. 758, shall be subject to discretionary review, as determined necessary by the community development director, or a director-appointed designee, to address and mitigate identified coastal hazards, including flooding, and coastal resource policy issues that address coastal access, in order to avoid risks to public safety associated with loss of life, property, and social dislocations.
2. Accessory Dwelling Units shall be permitted in locations that are consistent with coastal resource protection policies of the city's coastal land use plan, including, but not limited to, environmentally sensitive habitats; coastal access; and visual, recreational, and cultural resources. 7 3. No Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall be permitted in a formally designated area where water or sewer service is found to be inadequate by the Carpinteria Sanitary District or Carpinteria Valley Water District, as appropriate, or in a formally designated area where traffic flow and public safety would be adverse impacted, as determined by the Carpinteria-Summerland Fire Protection District.
4. Unless prohibited or restricted by C.1 - C.3 of this subsection, applications for an Accessory Dwelling Unit and/or Junior Accessory Dwelling Unit in the California Coastal Commission's appeals jurisdiction shall be permitted in accordance with Section 14.72.110.
14.72.035 Unit configuration.
A. One Accessory Dwelling Unit and/or Junior Accessory Dwelling Unit shall be permitted on a lot in addition to the primary residential unit, pursuant to this chapter.
However, multiple Accessory Dwelling Units on multi-family lots may be permitted in accordance with all the configuration requirements, development standards, and special procedures outlined in Section 14.72.090, Development standards for Special Accessory Dwelling Units.
B. An Accessory Dwelling Unit may be permitted in the following configurations:
1. Incorporated entirely within an existing or proposed primary residential unit.
2. Incorporated entirely within an existing accessory building, including garages, located on the same lot as the primary residential unit.
3. Through conversion of a garage, carport, covered parking structure, or other accessory structure.
4. Attached to or increasing the size of an existing primary residential unit or attached accessory building located on the same lot as the primary residential unit.
5. Detached from and located on the same lot as the existing or proposed primary residential unit. An Accessory Dwelling Unit that is attached to another detached accessory building, but not the primary residential unit, or is attached by a breezeway or porch, is considered detached.
C. Except as provided in Health and Safety Code Section 17981.12, Accessory Dwelling Units shall not be permitted within an existing nonconforming structure if the structure is nonconforming as to the coastal resource protection policies of the city’s local coastal program.
D. Existing nonconforming, unpermitted structures and building code violations that are unrelated to and unaffected by Accessory Dwelling Unit or Junior Accessory Dwelling Unit construction shall not be used as a reason to deny Accessory Dwelling Unit or Junior Accessory Dwelling Unit permit application, unless the structures and violations present a threat to public health and safety. 8 14.72.040 Sale, rental, and occupancy terms.
All Accessory Dwelling Units and Junior Accessory Dwelling Units shall be subject to the following sale, rental, and occupancy terms:
A. Not to be sold separately. An Accessory Dwelling Unit and Junior Accessory Dwelling Unit shall not be sold separately from the primary residential unit, subject to the provisions of Government Code Section 66341 and/or other provisions of state law that govern Accessory Dwelling Unit or Junior Accessory Dwelling Unit sales.
B. Deed restriction. Prior to issuance of a permit for Accessory Dwelling Unit or Junior Accessory Dwelling Unit, the owner shall record a deed restriction with the county recorder and file the recorded deed restriction with the city, acknowledging the applicable use limitations consistent with this Section 14.72.040 or other applicable limitations in the Title 14 of the Carpinteria Municipal Code and city administrative policies applying to the applicable base zone district that shall run with the land.
C. Rental terms. The Accessory Dwelling Unit or Junior Accessory Dwelling Unit may be rented as a residential unit. The Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall not be rented as a short-term rental, as defined in Section
14.08.562 or for less than 31 consecutive days, whichever is more restrictive. Rental terms shall not allow termination of the tenancy prior to the expiration of at least one 30-day period occupancy by the same tenant.
D. Junior Accessory Dwelling Unit Owner occupancy. Where a Junior Accessory Dwelling Unit is located on a property, the burden shall be on the property owner to show that the primary residential unit, or Junior Accessory Dwelling Unit is the property owner's principal place of residence as evidenced by qualifying for the homeowner's tax exemption, voter registration, vehicle registration, or similar methods that demonstrate owner-occupancy. A property owner shall have only one principal place of residence for the purposes of this Chapter 14.72. Notwithstanding, owner occupancy shall not be required if the property owner is another governmental agency, land trust, or housing organization.
1. An Accessory Dwelling Unit shall not be subject to an owner occupancy requirement.
E. Hardship waiver. If owner occupancy is required in accordance with subsection D, Owner occupancy, the property owner may apply for a temporary waiver in the event of a hardship. For the purposes of this section, an event of a hardship includes, but is not limited to, the death or disability of the property owner, job transfer, or similar significant personal situation which prevents the property owner from occupying the owner's unit. A property owner or estate representative may apply for a temporary waiver of the owner-occupation requirement for a specific time period to allow the owner's unit to be occupied by a non-property owner until the cessation of the circumstances preventing the property owner from occupying the owner's unit on the property. The community development director shall review applications for an event of hardship waiver. Any such temporary waiver shall specify the period of time for which it is granted, provided that no such waiver may be granted for a period longer than three years.
9 F. Removal of owner occupancy requirement. With the exception of owner occupancy covenants, restrictions or conditions required to permit a Junior Accessory Dwelling Unit, the community development director will, in a form acceptable to the city attorney, release an owner occupancy requirement recorded against the property prior to January 1, 2024 upon the request of the property owner.
No other covenants, restrictions or conditions required pursuant to this Title 14, and contained in the agreement recorded against the property shall be released, unless the community development director determines that the covenant, restriction or condition conflicts with California Civil Code section 714.3.
14.72.050 Required features.
Each Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall contain, at a minimum, the following features:
A. Residential elements. Permanent provisions for separate residential occupancy must be provided as follows within the contiguous livable floor space of the Accessory Dwelling Unit or Junior Accessory Dwelling Unit and must be independent from the primary residential unit, unless otherwise noted:
1. Provisions for cooking, including storage, countertop, sink, and electric outlets as required per Carpinteria Municipal Code, Title 15, Buildings and construction. A Junior Accessory Dwelling Unit may contain an efficiency kitchen.
2. A bathroom consisting of a toilet, sink, and bathtub or shower. A Junior Accessory Dwelling Unit may share these sanitation facilities with the existing or proposed primary residential unit.
3. A separate sleeping room, except in studio residential units, where a living room is considered a sleeping room.
B. Minimum floor area. The minimum floor area for a new Accessory Dwelling Unit is as follows:
1. Efficiency unit: 150 square feet.
2. Studio unit: 220 square feet.
Such usable floor area shall be exclusive of open porches, garages, basements, cellars and unfinished attics. The minimum floor area for Accessory Dwelling Units that are created by converting existing structures is 150 square feet.
C. Exterior access. Exterior access to the unit that is independent from the primary residential unit must be provided.
D. Interior Connection. An Accessory Dwelling Unit or Junior Accessory Dwelling Unit may provide an interior connection consisting of one fire-rated lockable door to access the primary residential unit. Junior Accessory Dwelling Units that share sanitation facilities as defined in Section 14.72.050(A)(2) with the primary residential unit are required to have an interior connection to the primary residential unit. 10 E. Fire sprinklers. Fire sprinklers are required only if they are required for the primary residential unit. Construction of an Accessory Dwelling Unit shall not trigger a requirement for fire sprinklers in the primary residential unit.
F. Permanent foundation. Attached and detached units shall be constructed with a city-approved permanent foundation in accordance with Chapter 15, Buildings and construction, of the Carpinteria Municipal Code.
G. Property addresses. Addresses identifying all residential units on the lot, with minimum three-and one-half-inch numbers plainly visible from the street or road fronting the property shall be provided.
H. Utility fees. An Accessory Dwelling Unit shall not be considered by a local agency, special district, or water corporation to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the Accessory Dwelling Unit was constructed with a new single-family dwelling.
I. Public sewer service. Accessory Dwelling Units and Junior Accessory Dwelling Units shall comply with the sewer service requirements of the Carpinteria Sanitary District, including, but not limited to, advanced procurement of a sewer construction permit for exterior plumbing modifications or sewer lateral installation.
J. Public water service. Accessory Dwelling Units shall comply with the water service requirements of the Carpinteria Valley Water District, consistent with state law, including, but not limited to, Government Code Section 66324.
K. Direct utility connection. No direct new or separate utility connection, or related fees, shall be required between a public sewer or water service district and an Accessory Dwelling Unit or Junior Accessory Dwelling Unit that is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure (including an expansion of not more than 150 square feet beyond the same physical dimensions as the existing structure).
L. Passageway. No passageway is required in conjunction with the construction of an Accessory Dwelling Unit or Junior Accessory Dwelling Unit.
M. Enforcement of building standards. Accessory Dwelling Units and Junior Accessory Dwelling Units shall adhere to the following regulations:
1. In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code, a local agency, upon request of an owner of an Accessory Dwelling Unit for a delay in enforcement, shall delay enforcement of a building standard, subject to compliance with Section 17980.12 of the Health and Safety Code providing the Accessory Dwelling Unit was built prior to January 1, 2020.
2. The construction of an Accessory Dwelling Unit shall not constitute a Group R occupancy change under the California Building Code, except pursuant to the findings in Government Code Section 66314(d)(8).
11 3. The city shall not deny an Accessory Dwelling Unit permit for an unpermitted unit that was constructed before January 1, 2018 because the unpermitted unit is in violation of building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code, or is not in compliance with Chapter 14.72, unless the city makes the finding that correcting the violation is necessary to protect the health and safety of the public or occupants of the structure. This paragraph shall not apply to buildings deemed substandard pursuant to Section 17920.3 of the Health and Safety Code.
14.72.055 Development standards for Accessory Dwelling Units and Junior Accessory Dwelling Units.
A. Development standards generally. The development standards listed in this section apply to Accessory Dwelling Units and Junior Accessory Dwelling Units, except for Special Accessory Dwelling Units permitted in accordance with all the configuration requirements, development standards, and special procedures outlined in Section 14.72.090, Standards for Special Accessory Dwelling Units.
1. The reductions and exceptions to the development standards normally applicable to residential development allowed in this section are for the express purpose of promoting the development and maintenance of an Accessory Dwelling Unit and/or Junior Accessory Dwelling Unit on the lot. If for any reason the Accessory Dwelling Unit is not maintained on the lot in conformance with this section, the lot shall be brought into compliance with all of the requirements for the residential development, or with the legal nonconforming condition of the lot prior to the development of the Accessory Dwelling Unit, including, but not limited to, the requirements for open yard, setbacks, and covered parking.
2. Except as otherwise specified in this section, projects developed in accordance with this chapter shall otherwise comply with objective development standards applicable to an attached or detached accessory building or structure for the housing type and base zone in which the lot is located.
3. One primary residential unit shall be designated on a lot on which an Accessory Dwelling Unit and/or Junior Accessory Dwelling Unit is permitted.
4. Notwithstanding this section or other local development standards for the base zone district that are not expressly prohibited by state law or reduced due to provisions in Section 14.72.030, any other minimum or maximum size for an Accessory Dwelling Unit based upon a percentage of the proposed floor area or existing floor area, or limits on building coverage, floor area ratio, open space, front setbacks, or minimum lot size, for either attached or detached dwellings shall permit at a minimum: an 800 square foot Accessory Dwelling Unit that conforms to the height requirements in Section
14.72.060(C), with four-foot side and rear yard setbacks, constructed in compliance with all other local development standards.
12 B. Maximum floor area. The maximum floor area(s) for a standard Accessory Dwelling Unit and Junior Accessory Dwelling Unit are as follows:
1. Attached Accessory Dwelling Unit. An Accessory Dwelling Unit that is attached to, and increasing the size of, the primary residential unit shall not exceed 50 percent of the existing floor area of the existing primary residential unit, and shall not exceed a maximum floor area of 850 square feet.
2. Converted Accessory Dwelling Unit. An Accessory Dwelling Unit that is incorporated entirely within an existing primary residential unit, or within an existing accessory building, is not limited in size, except by the minimum floor area requirements in Section 14.72.050(B).
3. Detached Accessory Dwelling Unit, new construction. An Accessory Dwelling Unit that is detached from the primary residential unit and may or may not be attached to another detached accessory building, including detached garages, shall not exceed the following maximum floor area based on number of bedrooms:
i. One-bedroom or studio units: 850 square feet.
ii. Two or more-bedroom units: 1,000 square feet.
4. Junior Accessory Dwelling Unit. The maximum floor area of a Junior Accessory Dwelling Unit shall not exceed 500 square feet.
C. Relationship to other floor area limitations. The floor area of an Accessory Dwelling Unit or Junior Accessory Dwelling Unit is included in any other floor area limitation in this Title that is applicable to an attached or detached accessory building for the housing type and in the base zone in which the lot is located.
1. Exception. The floor area of a detached Accessory Dwelling Unit shall be excluded from the aggregate maximum lot coverage allowed for other detached accessory buildings, such as work or storage sheds.
D. Building separation. The minimum separation between the primary residential unit and a detached Accessory Dwelling Unit shall be five feet.
E. Front, side, and rear setbacks. The following setbacks shall apply to Accessory Dwelling Units approved pursuant to this section:
1. New construction. Newly constructed Accessory Dwelling Units shall comply with the following setback standards:
a. Front setback: Meet the minimum front setback for residential structures of the base zone district.
b. Side and rear setback: Four feet in all zones except 4-R-1, which must maintain a minimum three feet of distance in the side yards.
2. Converted. No setback is required to convert the existing floor area of a principal or accessory building to an Accessory Dwelling Unit.
3. Demolished or substantially redeveloped. No setback is required when an existing principal or accessory building is demolished or substantially 13 redeveloped and converted to an Accessory Dwelling Unit, provided that the new building is reconstructed in the same location and with the same dimensions and floor area as the existing building.
a. Exception for small conforming additions. One small 150-square-foot conforming first floor addition may be permitted on a substantially redeveloped and converted accessory building that is nonconforming as to the front, side, or rear setbacks for accommodation of unit ingress and egress.
4. New construction combined with replacement of a nonconforming accessory structure. The construction of an Accessory Dwelling Unit may be combined with the demolition and replacement of a detached accessory structure that is nonconforming as to the front, side, or rear setbacks if all of the following requirements are met:
a. The new accessory structure is reconstructed in the same location and with the same dimensions as the existing accessory structure; or b. The Accessory Dwelling Unit and any additions to the accessory structure shall conform with setbacks of this section; and
c. The new accessory structure shall comply with all applicable height and all other development standards of this section.
14.72.060 Design review.
All Accessory Dwelling Units or Junior Accessory Dwelling Units shall be subject to the following architectural design criteria as applicable to either new construction or exterior alterations, which shall be reviewed ministerially by the community development director or the director's designee. Design standards in the base zone district shall apply where they do not conflict with this section or state law. For purposes of this section, portions of a building or site considered to be the Accessory Dwelling Unit shall include all of the contiguous interior livable floor area of the Accessory Dwelling Unit and any exterior alterations directly attached to, and integral to, the livable floor area of the Accessory Dwelling Unit.
A. Prohibition of shiny roofing and siding. New roofing materials with a light reflectance value of 40 or above, and siding materials with a light reflectance value of 60 or above are prohibited.
B. Grading. No more than 30 cubic yards of grading on slopes of less than 15 percent.
C. Height. An Accessory Dwelling Unit shall not exceed the following, whichever is greater:
1. Height of the primary residential unit;
2. Number of stories of the primary residential unit; or
3. 25 feet for Accessory Dwelling Units attached to the primary dwelling; or
4. 18 feet.
14 5. Notwithstanding Sections 14.72.060(C)(1)-(4) above, for Accessory Dwelling Units constructed as a second story or over a garage, the resulting building shall not exceed two stories and the maximum height allowed in the zone.
D. Design. New detached or attached Accessory Dwelling Units shall utilize the design of the primary residential unit exterior finishes and roof form if the Accessory Dwelling Unit meets any of the following:
1. Attached to, or if any portion of the Accessory Dwelling Unit is located within 20 feet of, the primary residential unit;
2. Two stories tall, or 12 feet or taller in building height;
3. Located in the front yard or visible from a public street or public place.
4. Located on a site on which there is a historical resource as follows:
a. Listed on the National Register of Historic Places or the California Register of Historic Resources; or
b. Designated as a city of Carpinteria Landmark or Structure of Merit.
E. Front yard location. The construction of a new detached Accessory Dwelling Unit located in the front yard shall be subject to all of the following: The new Accessory Dwelling Unit must be located a minimum of 20 feet back from all front lot lines, or meet the minimum front setback for the zone in which the lot is located, whichever is greater, providing setbacks do not preclude construction of a Special Accessory Dwelling Unit.
1. Accessory Dwelling Units located in the front yard shall be screened from the street by location or landscape, as viewed from the street.
F. Privacy standards. The construction of an Accessory Dwelling Unit where any portion of the proposed construction is either: two or more stories tall or 18 feet or taller in building height, shall comply with the following:
1. Upper story unenclosed landings, decks, and balconies greater than 20 square feet, shall face the primary residential unit or the public right-of-way.
2. Upper story unenclosed landings, decks and balconies, that do not overlook the adjoining property due to orientation or topography, may be located at the minimum interior setback line if an architectural screening element such as enclosing walls, trellises, awnings or perimeter planters with an eight-foot minimum height is incorporated into the unenclosed landing, deck or balcony.
3. Upper story windows that face or overlook the adjoining property, located within 15 feet of the interior lot lines, shall be installed with a minimum of 72 inches above finish floor.
G. Rooftop Solar. Newly constructed detached Accessory Dwelling Units are subject to the energy code requirement to provide solar panels. The panels may be installed on the Accessory Dwelling Unit or the primary residential unit. Accessory Dwelling Units that are constructed within existing space, or as an addition to existing homes, 15 including detached additions where an existing detached building is converted from non-residential to residential space, are not subject to this requirement.
14.72.070 Protection for historic resources.
No Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall be permitted if the proposal would cause a substantial adverse change in the significance of a historical resource that is listed or eligible for listing on the National Register of Historic Places, the California Register of Historical Resources, located in the downtown and Old Town District, or designated as a city of Carpinteria Landmark or Structure of Merit. The community development director shall make this determination by requiring additional information that the director determines is necessary, including, but not limited to, a historic resources report, to ensure that the proposal is consistent with city cultural and historic resource policies and as appropriate, the Secretary of Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings.
14.72.080 Parking standards.
Consistent with the requirements of the city's coastal land use plan policies, sufficient off-street parking must be provided for any new development and substantial redevelopment so as to avoid significant adverse impacts to public access to the shoreline and coastal recreation areas. Vehicle parking, therefore, must be provided consistent with this section for lots developed with Accessory Dwelling Units or Junior Accessory Dwelling Units, as follows:
A. ADU Beach neighborhood overlay district. All required parking in the ADU beach neighborhood overlay district shall be located based on:
1. The city's local coastal plan objective OSC-14 and policy OSC-14a, the city's final sea level rise vulnerability assessment and adaption plan identification of increasing coastal flood hazards in the ADU beach neighborhood overlay district and given existing identified impeded traffic flow during flood events at neighborhood and Carpinteria State Beach parking lots.
2. The need to preserve coastal public access in this area, where specific vacation rental provisions are implemented under the local coastal program and high demand exists for coastal visitor-serving recreational opportunities, including coastal access parking.
B. Primary residential units. Vehicle parking for the primary residential unit shall be provided in compliance with Chapter 14.54, except as provided below.
1. Special procedures for conversion or demolition of existing covered parking to an Accessory Dwelling Unit. When an existing garage, carport, or other covered parking structure is converted to an Accessory Dwelling Unit or Junior Accessory Dwelling Unit or demolished in conjunction with the construction of the unit, the required covered parking spaces that are displaced by the conversion or demolition shall not be required to be replaced.
16 2. Nonconforming conditions. If a Special Accessory Dwelling Unit is developed in accordance with all the requirements of this chapter, nonconforming parking shall not be required to conform to current parking standards for new floor area associated with the unit(s).
C. Junior Accessory Dwelling Units. No vehicle parking is required for Junior Accessory Dwelling Units.
D. No parking required for certain dwelling units. The following types of Accessory Dwelling Units are not required to provide parking if it meets all of the following criteria:
1. The Accessory Dwelling Unit is located outside of the ADU beach neighborhood overlay district based on the final sea level rise vulnerability assessment and adaption plan science-based identification of coastal hazards in the ADU beach neighborhood overlay district, that presently occur along the seaward side of Sandyland Road, and with increasing hazards that are projected to occur in the district due to estimated sea level rise of one to five feet, between the present and through 2100.
2. The Accessory Dwelling Unit meets at least one of the following measures that will sufficiently reduce the demand for off-street parking:
a. The Accessory Dwelling Unit is located within a walking distance of one-half mile of an operational public transit stop, which shall include various means of transportation that charge set fees, run on fixed routes, and are available to the public; or
b. The Accessory Dwelling Unit is located within the downtown old town district as identified in the general plan; or
c. The Accessory Dwelling Unit is contained entirely within the permitted floor area of the existing primary residential unit or an existing accessory building; or
d. When on-street parking permits are required but not offered to the occupants of the Accessory Dwelling Unit; or
e. When there is a carshare vehicle located within 500 feet of the Accessory Dwelling Unit; or
f. When a permit application for an Accessory Dwelling Unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the Accessory Dwelling Unit or the lot satisfies any other criteria listed in above subparagraphs 2.a through 2.e, inclusive.
3. All other Accessory Dwelling Units shall provide parking as below:
a. A minimum of one uncovered vehicle parking space per unit or bedroom, whichever is less. Guest parking shall not be required for Accessory Dwelling Units in any circumstance.
b. The space may be provided as tandem parking on a driveway. 17 c. Uncovered parking spaces may be located four feet from any interior lot line, provided a minimum of three feet in width of planting area is provided for the length of the paved parking area along the interior lot line.
14.72.090 Development standards for Special Accessory Dwelling Units.
Special Accessory Dwelling Units, as defined in Section 14.72.020(a), shall be allowed, consistent with state law, in accordance with either subsection A or B, below, and shall conform to the development standards of subsection C, below. Design standards of the base zone district shall apply where they do not conflict with this section or state law.
A. Configuration—Dwelling, single family lots. A lot developed with only one existing or proposed single residential unit, may permit up to one Junior Accessory Dwelling Unit contained entirely within to fully enclosed existing or proposed primary residential unit, and one of the following types of Special Accessory Dwelling Units:
1. Converted portion of main building. One Accessory Dwelling Unit contained entirely within the fully enclosed existing floor area of the existing or proposed primary residential unit; or
2. Converted accessory building. One Accessory Dwelling Unit contained entirely within the fully enclosed existing floor area of a garage or other accessory building on the same lot as the primary residential unit, plus a conforming addition of no more than 150 square feet, if the addition is limited to accommodating ingress and egress; or
3. One unit—New construction. One newly constructed Accessory Dwelling Unit, detached from any other main or accessory building.
B. Configuration—Dwelling, multiple family lots. A lot developed with two or more residential units may permit one of the following types of Special Accessory Dwelling Units:
1. Converted non-livable space. At least one Accessory Dwelling Unit, and up to 25 percent of the existing number of multifamily units on a lot, shall be allowed as Special Accessory Dwelling Units on the lot, if contained entirely within portions of fully enclosed existing floor area of a residential structure that is not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages. In mixed-use buildings, commercial floor area shall not be converted to a Special Accessory Dwelling Unit.
2. Two units—New construction. No more than one newly constructed Special Accessory Dwelling Unit, detached from any other main or accessory building, shall be allowed for lots with four or fewer units. For lots with greater than four units, no more than two newly constructed Special Accessory Dwelling Units, detached from any other main or accessory building shall be allowed.
C. Development standards generally. The development standards listed in this section apply to specific types of Special Accessory Dwelling Units with certain size, height, and setback standards that, if followed, allow for a permit issued by the director of the community development department. Further, no lot coverage, floor 18 area ratio, open space, front setbacks, or minimum lot size shall preclude the construction of a Special Accessory Dwelling Unit.
1. Maximum unit size. The maximum unit size of a Special Accessory Dwelling Unit shall be 800 square feet.
2. Minimum unit size. The minimum unit size of a Special Accessory Dwelling Unit shall be as specified in Section 14.72.050(B)
3. Height. The maximum height of a Special Accessory Dwelling Unit shall be as specified in Section 14.72.060(C).
4. Setbacks. Rear yard and side yard setbacks shall be a minimum of four feet.
5. Parking. Except for Accessory Dwelling Units or Junior Accessory Dwelling Units located in the ADU beach neighborhood overlay district, which are subject to Section 14.72.080, Parking standards, no replacement or additional parking shall be required.
6. Nonconformity. Correction of any existing or created nonconformity shall not be required, except that Special Accessory Dwelling Units shall not be allowed in buildings or structures that are nonconforming as to coastal resource protection policies or development standards of the local coastal program. Existing multifamily dwellings that are nonconforming as to height, rear setbacks, and side setbacks shall not be used as a reason to deny an Accessory Dwelling Unit permit application.
7. Rental term. No unit shall be rented for 30 days or less.
8. Fire sprinklers. Fire sprinklers are required only if they are required for the primary residential unit. Construction of a Special Accessory Dwelling Unit shall not trigger a requirement for fire sprinklers in the primary residential unit.
9. Density. Units shall not be calculated as part of general plan/coastal land use plan density calculations.
D. Development standards for conversion of existing or proposed primary singlefamily residence or accessory structure into a Special Accessory Dwelling Unit. Except for Accessory Dwelling Units located in the ADU beach neighborhood overlay district, which is subject to Section 14.72.080, Parking standards, no size limitation, height, setback, lot coverage, design review, landscape, or other development standard shall be required. The proposed unit shall be required to obtain an administrative coastal development permit and building permit.
E. Any reductions and exceptions in this section are for the express purpose of promoting the development and maintenance of a Special Accessory Dwelling Unit or Junior Accessory Dwelling Unit on the lot. If for any reason the Special Accessory Dwelling Unit or Junior Accessory Dwelling Unit is no longer maintained on the lot, the lot shall be brought into compliance with all of the requirements for the remaining residential development, or with the legal nonconforming condition of the lot prior to the development of the Special Accessory Dwelling Unit or Junior Accessory Dwelling Unit.
19 F. Applications utilizing the Special Accessory Dwelling Unit standards described in this section may not utilize the less restrictive configuration, size, and height standards allowed under another section to achieve a larger unit or more than one unit.
G. Except as otherwise specified in this section, Special Accessory Dwelling Units developed in accordance with this chapter shall otherwise comply with the development standards applicable to the housing type and base zone district in which the lot is located and all applicable state and local building codes.
14.72.100 Processing requirements.
All Accessory Dwelling Units and Junior Accessory Dwelling Units shall comply with applicable state and local building codes and shall require approval of either a coastal development permit without public hearing and a building permit, or an appealable coastal development permit and a building permit for units located within the zones governed by the California Coastal Commission Appeals Jurisdiction.
A. Residential density. An Accessory Dwelling Unit or Junior Accessory Dwelling Unit is a residential use that is consistent with the existing coastal land use plan designation and zoning for lots within the allowable residential zones. Any Accessory Dwelling Unit or Junior Accessory Dwelling Unit permitted pursuant to this section does not exceed the allowable density for the lot upon which the Accessory Dwelling Unit or Junior Accessory Dwelling Unit is located.
B. Combined permits. If a permit application for an Accessory Dwelling Unit or Junior Accessory Dwelling Unit is submitted at the same time as a permit application for a new single-unit dwelling, review of the permit for Accessory Dwelling Unit or Junior Accessory Dwelling Unit application shall be delayed until the permit for the singleunit dwelling has been approved.
C. Permit approval. Except for applications to create an Accessory Dwelling Unit or Junior Accessory Dwelling Unit in the ADU beach neighborhood overlay district, where the city determines that discretionary review is required, the city shall act on the application to create an Accessory Dwelling Unit or Junior Accessory Dwelling Unit within 60 days from the date a complete application is submitted, if an existing primary residence or multifamily dwelling exists on the lot and the proposed Accessory Dwelling Unit or Junior Accessory Dwelling Unit conforms to all applicable objective development standards of this chapter. The complete application shall be deemed approved unless the city provides the applicant with notice within the 60- day period that the application implicates Coastal Act/local coastal program policies such that it requires further review.
1. If the city denies an application for an Accessory Dwelling Unit or Junior Accessory Dwelling Unit pursuant to subsection C, the city shall, within the time period described in subsection C, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.
D. Building permit approval. The city shall ministerially approve or disapprove a complete building permit application for an Accessory Dwelling Unit or Junior 20 Accessory Dwelling Unit in compliance with time periods established by state law, following any applicable coastal development permit approvals. When an Accessory Dwelling Unit application proposes to demolish a detached garage and replace it with an Accessory Dwelling Unit, a demolition permit will be reviewed and issued at the same time as the Accessory Dwelling Unit permit, in accordance with Section
14.72.100(C).
E. Preapproval of Plan Sets. Pursuant to Government Code Section 65852.27, or as it may be amended, the city shall accept Accessory Dwelling Unit plans for preapproval. Applications for a detached new construction Accessory Dwelling Unit that utilize plans preapproved by the city within the current triennial California Building Standards Code rulemaking cycle shall be approved or denied within 30 days of complete application submittal.
F. Exemption for public improvements. No public improvements shall be required for the creation or conversion of an Accessory Dwelling Unit or Junior Accessory Dwelling Unit.
G. Impact fees. Accessory Dwelling Units up to 750 square feet are exempt from impact fees. Accessory Dwelling Units that are 750 square feet or larger may be charged impact fees but only such fees that are proportional in size (by square foot) to those for the primary dwelling. In no event shall Junior Accessory Dwelling Units be charged impact fees.
H. Recorded agreement. Before obtaining a building permit for an Accessory Dwelling Unit or Junior Accessory Dwelling Unit, the property owner shall execute an agreement, containing a reference to the deed under which the property was acquired by the present owner which outlines the requirements regarding the sale, rental, and owner occupancy of lots developed with Accessory Dwelling Units and Junior Accessory Dwelling Units as specified in Section 14.72.040 of this chapter and other applicable limitations in the Title 14 of the Carpinteria Municipal Code and city administrative policies applying to the applicable base zone district that shall run with the land.
I. Recorded deed restriction. As a condition of coastal permit approval for new development in the ADU beach neighborhood overlay district, and as required by the city zoning code and other applicable laws, ordinances, policies, practice and/or procedures, the city may require that an applicant record a deed restriction on the property to acknowledge and agree to certain conditions, including, but not limited to: 1) that the development is located in a hazardous area, or an area that may become hazardous in the future; 2) to assume the risks of injury and damage from such hazards in connection with the permitted development; 3) to unconditionally waive any claim of damage or liability against the city of Carpinteria and coastal commission, if the property is appealed, its officers, agents, and employees with respect to approval of the project against any and all liability, claims, demands, damages, costs (including costs and fees incurred in defense of such claims), expenses, and amounts paid in settlement arising from any injury or damage due to such hazards; 5) that they have no rights under Coastal Act Section 30235 and related local coastal program policies to shoreline armoring in the future; 6) that sea 21 level rise could render it difficult or impossible to provide services to the site (e.g., maintenance of roadways, utilities, sewage or water systems), thereby constraining allowed uses of the site or rendering it uninhabitable; 7) that the boundary between public land (tidelands) and private land may shift with rising seas, the structure may eventually be located on public trust lands, and the development approval does not permit encroachment onto public trust land; 8) any future encroachment must be removed unless the coastal commission determines that the encroachment is legally permissible pursuant to the Coastal Act and authorizes it to remain, and any future encroachment would also be subject to the state lands commission's (or other trustee agency's) leasing approval; and 9) that the structure may be required to be removed or relocated and the site restored if it becomes unsafe or if removal is required.
14.72.110 Authority to review.
A. Coastal commission permit jurisdiction. Notwithstanding other permit and appeal provisions of this chapter, development proposals which are located on lands identified as tidelands, submerged lands or public trust lands as identified on the Post-LCP Certification Permit and Appeal Jurisdiction Map, city of Carpinteria, adopted by the coastal commission, shall require a coastal development permit from the coastal commission pursuant to California Public Resources Code Section 30519(b). Upon submittal to the city of an application for a coastal development permit, the community development director shall notify the applicant and the coastal commission of the determination that the project is within the retained permit jurisdiction of the coastal commission, and therefore, a state coastal development permit issued by the coastal commission is required for the development. In conjunction with the city's review and decision on the development in accordance with the requirements of this chapter and other city codes, the city shall also make a recommendation to the coastal commission regarding the development's conformance with the certified local coastal program, including this chapter. The city's determination of development conformance with the objectives and requirements of the local coastal program shall be advisory only and not a final action under this chapter. Development shall not proceed until the coastal commission grants a coastal permit for such a development.
B. Coastal commission appeals jurisdiction. Where an appealable coastal development permit is required pursuant to Section 14.48 of this title, the authority to review an application for a coastal development permit is designated to the community development director or the director's designee. In the appealable area, decisions of the director or the director's designee may be appealed to the coastal commission in accordance with Section 14.48. Actions on applications to construct Accessory Dwelling Units within these areas shall be consistent with the provisions of the applicable zone and the policies and development standards of the city of Carpinteria's certified local coastal program and Chapter 3 of the California Coastal Act.
C. Discretionary review with appeals (ESHA and beach neighborhood overlay district.) Applications to create an Accessory Dwelling Unit or a Junior Accessory 22 Dwelling Unit in the ADU beach neighborhood overlay district, where the community development director or the director's designee determines that discretionary review is required, shall be processed with a coastal development permit, that may be appealed in accordance with Chapter 14.78 of this Title.
D. Coastal development permits without discretionary review. When a proposed Accessory Dwelling Unit or a Junior Accessory Dwelling Unit is not a Special Accessory Dwelling Unit and is located outside the coastal commission appeals jurisdiction, the ADU beach neighborhood overlay district, and/or an environmentally sensitive habitat area, a coastal development permit application shall be required and the application shall be reviewed and approved by the community development director, or the director's designee, without a public hearing in accordance with Government Code Section 66317. The decision of the community development director, or the director's designee shall not be appealable and shall constitute the final action of the city.
E. Administrative coastal development permit for Special Accessory Dwelling Units. When a Special Accessory Dwelling Unit is proposed in conformance with
14.72.090 of this section and is located outside the coastal commission appeals jurisdiction, the ADU beach neighborhood overlay district, and/or an environmentally sensitive habitat area, such unit shall be issued an administrative coastal development permit by the community development director or the director's designee without a public hearing in accordance with Government Code Section 66317, shall not be appealable, and shall constitute the final action of the city.
F. Building permits for Junior Accessory Dwelling Units. When a Junior Accessory Dwelling Unit is completely within the footprint of a single-family residence and is located outside the coastal commission appeals jurisdiction and/or the ADU beach neighborhood overlay district, such unit shall be required to obtain a building permit to ensure compliance with building code and health and safety standards. No Coastal Development Permit shall be required.
[end]
SECTION 3. EFFECTIVE DATE
This Ordinance shall be in full force and effect thirty days following the second reading of the Ordinance. Before the expiration of fifteen (15) days following passage, this Ordinance shall be published once with the names of the members of the City Council voting for and against the same in the Coastal View News, a newspaper of general circulation, published in the City.
SECTION 4. SEVERABILITY
If any section, subsection, sentence, clause, phrase or word of this Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decisions shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed and adopted this Ordinance, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid.
23 SECTION 5. CEQA EXEMPTION
The City Council finds that this Ordinance is statutorily exempt from the California Environmental Quality Act (“CEQA”) pursuant to Public Resources Code Section 21080.17, which states that CEQA does not apply to adoption of an Accessory Dwelling Unit ordinance to implement the provisions of Government Code Sections 65852.2 or as recodified as 66314-66332, and is categorically exempt from review under CEQA pursuant to CEQA Guidelines Section 15303, New Construction or Conversion of Small Structures, which exempts “a second dwelling unit in a residential zone.” PASSED, APPROVED, AND ADOPTED this __ day of___, 2024, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
____________________________
Mayor, City of Carpinteria
ATTEST:
_________________________________
Brian C. Barrett, CMC, CPMC
City Clerk, City of Carpinteria
I hereby certify that the foregoing Ordinance was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of Carpinteria held this ___ day of ___, 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 B
Ordinance No. 785 (strikeout/underline)
1 ORDINANCE NO. 785
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARPINTERIA, CALIFORNIA, AMENDING CHAPTER 14.72 OF TITLE 14 (ZONING) OF THE
CARPINTERIA MUNICIPAL CODE IN RESPONSE TO STATE LEGISLATION
REGARDING ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY
DWELLING UNITS
RECITALS
WHEREAS, the State of California (State) finds that Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) are an innovative and effective option for adding housing in California at a time when the State faces a housing crisis of availability and affordability; and
WHEREAS, the City is required to plan to meet the housing needs of the community, reflected in the City’s Regional Housing Needs Allocation (RHNA), and to adopt an updated Housing Element each RHNA cycle describing how the City will accommodate those units; and
WHEREAS, there is a housing shortage in the City and the greater South Coast of Santa Barbara County, particularly for middle-, moderate-, low-, and very low-income households, with vacancy rates of less than 3%;1 and
WHEREAS, the production of ADUs and JADUs is identified in Program 2 of the City’s 2023-2031 Housing Element as an important strategy in providing affordable rental housing units in already developed areas of the City and in helping to meet the City’s RHNA of 901 units during this Housing Element planning period; and WHEREAS, on January 23, 2023, the City Council approved and adopted Ordinance No. 758, which rescinded and replaced in its entirety Chapter 14.72 - ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS of the Carpinteria Municipal Code (CMC), and minorly amended other chapters, in compliance with State ADU and JADU law as of 2021, and to harmonize the requirements of the California Coastal Act with the requirements of State ADU and JADU law; and
1 Source: 2022 census data that reports 148 rental housing units were vacant, which equates ~2.6% of the City’s estimated housing units in the City. See also Santa Barbara South Coast Chamber of Commerce (Dashboard April 2023) at https://sbscchamber.com/wp-content/uploads/2023/05/DataDashboard-April-2023.pdf 2 WHEREAS, in September 2022, Senate Bill (SB) 897 and Assembly Bill (AB) 2221 were signed by the governor, amending State regulations for ADUs and JADUs to, among other things, be more permissive of such units and to limit local jurisdictions’ ability to deny an ADU or JADU application; and
WHEREAS, on August 28, 2023, the City Council adopted Resolution No. 6265, initiating amendments to CMC Chapter 14.72 to incorporate new provisions of State ADU and JADU law that came into effect in 2023, and any additional ADU and JADU pending bills at that time that were anticipated to become law in the near future; and WHEREAS, in September 2023, the State legislature passed AB 1033, AB 976, and AB 1332, further amending State law regulating ADUs and JADUs; and WHEREAS, on January 22, 2024, the City Council re-adopted the City’s 2023- 2031 Housing Element, in which the City commits to promote and facilitate the development of ADUs as a form of affordable infill housing development, with the objective of facilitating the development of 112 ADUs during the planning period, and to review City ADU regulations throughout the planning period to ensure current incentives and allowances are available to property owners to promote ADU development; and WHEREAS, the proposed amendment to CMC Chapter 14.72 is in the interest of the general community welfare since it will serve to implement the requirements of State law that promote the development of ADUs and JADUs that will increase the supply of housing in the City while protecting coastal resources consistent with the Coastal Act and the City’s certified Local Coastal Program; and
WHEREAS, the Planning Commission held a duly noticed public hearing on March 4, 2024, as required by Government Code Section 65854, on the proposed CMC Chapter 14.72 amendment at which hearing the proposed amendment was explained and comments invited from people in attendance; and
WHEREAS, on March 4, 2024, the Planning Commission recommended on a 5-0 vote that the City Council adopt Ordinance No. 785, with minor changes, to implement changes to CMC Chapter 14.72 based on its determination of consistency with the City’s Local Coastal Program, General Plan, and Housing Element, and that the City Council determine that Ordinance No. 785 is statutorily exempt from review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17, and categorically exempt from review under CEQA in accordance with CEQA Guidelines (Cal. Code Regs., tit. 14) Section 15303; and WHEREAS, on July 8, 2024, the City Council held a duly noticed public hearing as required by Government Code Section 65854, at which the proposed Ordinance No. 785 was explained and comments invited from people in attendance, and, on a _____ vote, the Council approved the Ordinance and adopted Resolution No. 6340, directing City staff to transmit Ordinance No. 785 to the California Coastal Commission (CCC) for certification; and
3 WHEREAS, an application for a Local Coastal Program Amendment was submitted to the California Coastal Commission on ________, and was certified as being consistent with the California Coastal Act and the City’s Local Coastal program on _________; and
WHEREAS, the adoption of Ordinance No. 785 reflects the Council’s commitment to promote development of ADUs and JADUs in accordance with State housing laws, to increase the City’s affordable and market rate housing supplies and contribute to the City’s RHNA, and to protect coastal resources in accordance with the Coastal Act and the City’s Local Coastal Program.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARPINTERIA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. INCORPORATION OF RECITALS
The City Council hereby finds and determines that the foregoing recitals, which are incorporated herein by reference, are true and correct.
SECTION 2. AMENDMENT OF CHAPTER 14.72 OF CARPINTERIA MUNICIPAL CODE
Chapter amendments to the Carpinteria Municipal Code made by this ordinance are delineated below as underlined text.
Chapter 14.72, of Title 14 of the Carpinteria Municipal Code shall hereby be amended to read as follows:
Chapter 14.72 - ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY
DWELLING UNITS
14.72.010 Purpose and intent.
The purpose of this chapter is to provide for processing requests for aAccessory dDwelling uUnits (ADU) and jJunior aAccessory dDwelling uUnits (JADU) within zone districts that permit residential uses, as defined in this chapter and chapters governing zone districts of Title 14. The need for these provisions is based on the following findings:
1. The adopted policy of the city is to encourage a range of housing types, designs, and costs to suit the varying needs and desires of the community in terms of income, family size, and physical ability within existing neighborhoods. 4 2. Opportunities for affordable housing for persons of low and moderate income are becoming increasingly scarce.
3. The shortage of low-and moderate-income housing opportunities is exacerbated by the lack of available rental units at a time when few rental units are being constructed. Thus, the existing rental stock needs to be preserved and new rental opportunities provided.
4. Accessory dDwelling uUnits have been a part of the city's housing stock and provide a valuable source of rental housing for persons of low and moderate income, particularly the elderly, students, and single-parent family households.
5. The establishment of clear, objective development standards, consistent with applicable state law, including, but not limited to, Government Code Section 65852.2 or 65852.22 Sections 66310 through 66342, and the California Coastal Act, is required to reduce the time necessary to secure permits for aAccessory dDwelling uUnit and jJunior aAccessory dDwelling uUnit construction and to ensure that there will be no adverse effect on the public health, safety and welfare.
6. Expand opportunities to create additional housing to suit the spectrum of individual lifestyles and space needs, allow more efficient use of existing housing stock and public infrastructure, and provide a range of housing opportunities.
7. Allow aAccessory dDwelling uUnits and/or jJunior aAccessory dDwelling uUnits as an accessory use to a Pprimary residential unit, consistent with California Government Code Section 65852.2 or 65852.22 Sections 66310 through 66342 and the California Coastal Act, as applicable.
8. Promote aAccessory dDwelling uUnits and/or jJunior aAccessory dDwelling uUnits that are compatible with the surrounding neighborhood, cultural and historic resources, and historic districts; preserve the city's coastal resources including, but not limited to, environmentally sensitive habitats, public coastal access, and visual resources; promote long-term sustainability; contribute to a desirable living environment; and avoid risks to public safety associated with loss of life, property, and social dislocations resulting from identified coastal hazards, including flooding.
14.72.020 Definitions.
Chapter 14.08 (Definitions) apply to Chapter 14.72, unless they conflict with the definitions below. Where a conflict may occur, the definitions below shall apply and have the following meaning:
A. aAccessory dDwelling uUnit. An attached or a detached residential unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residential unit. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation and be located on the same parcel that the primary residential unit is or will be situated. An Accessory Dwelling Unit also includes an efficiency unit, as defined in Section 5 17958.1 of the Health and Safety Code, and a manufactured home, as defined in Section 18007 of the Health and Safety Code. The following categories of aAccessory dDwelling uUnits are subject to specific development standards:
aAccessory dDwelling uUnit. aAccessory dDwelling uUnits connected with an existing or proposed primary residential unit, with size, height, and setback standards as described in Section 14.72.055, (Development standards for aAccessory dDwelling uUnits). Up to one accessory dwelling unit and one junior accessory dwelling unit may be allowed on property where residential uses are permitted and has been developed, or will be developed concurrently with the accessory dwelling unit(s), subject to the provisions of this Chapter 14.72.
Special aAccessory dDwelling uUnit. Specific types of aAccessory dDwelling uUnits, meeting specific criteria identified in Government Code Section 65852.2(e) 66323 that may be combined with a jJunior aAccessory dDwelling uUnit with certain size, height, and setback standards described in Section
14.72.090, (Development standards for sSpecial aAccessory dDwelling uUnits).
Further, sSpecial aAccessory dDwelling uUnits allow for more than one aAccessory dDwelling uUnit on a property with an existing or proposed multiple family dwelling structure zoned for multiple family use. Such units are not subject to local zoning and development standards, but must meet building code and health and safety requirements.
An accessory dwelling unit also includes the following:
1. An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code.
2. A manufactured home, as defined in Section 18007 of the Health and Safety Code.
B. Carshare vehicle. A motor vehicle that is operated as part of a regional fleet by a public or private car sharing company or organization which provides hourly or daily car sharing service to its members.
C. Efficiency kitchen. A kitchen that includes at a minimum:
1. Appliances for cooking food and refrigeration, either built-in or countertop.
2. A sink for food preparation greater than twelve 12 inches by twelve 12 inches, excluding the sink located in the bathroom.
3. A food preparation counter.
D. Existing floor area. A legally permitted building constructed on the site with a final inspection or certificate of occupancy as of the date of application submittal, that conforms to current zoning standards or is legal nonconforming as to current zoning standards, in accordance with Section 14.08.270 (Floor Area, Gross) and Section
14.08.275 (Floor Area, Net).
E. Junior aAccessory dDwelling uUnit. A unit that is no more than five hundred 500 square feet in size and contained entirely within an existing or proposed single 6 residential unit. A jJunior aAccessory dDwelling uUnit may include separate sanitation facilities or may share sanitation facilities with the existing or proposed single residential unit and includes an efficiency kitchen.
F. Passageway. A pathway that is unobstructed clear to the sky and extends from a street to one entrance of the aAccessory dDwelling uUnit.
G. Primary residential unit. The existing or proposed residential unit on a lot on which an aAccessory dDwelling uUnit and jJunior aAccessory dDwelling uUnit is permitted.
The primary residential unit shall comprise one unit in either a dwelling, one family; dwelling, two family; dwelling, multiple; or mixed-use development (as those terms are defined in Section 14.08 (Definitions) of this title).
H. Principal place of residence. The residence where a property owner actually lives for the greater part of time, or the place where the property owner remains when not called elsewhere for some special or temporary purpose and to which the property owner returns frequently and periodically, as from work or vacation.
If multiple persons own the property as tenants in common or some other form of common ownership, a person or persons representing at least fifty 50 percent of the ownership interest in the property shall reside on the property a majority of their time as their principal place of residence. Any person or persons who qualify for the homeowner's tax exemption under the California State Board of Equalization rules, may qualify as an owner occupant.
The burden shall be on the property owner to show that the primary residential unit, aAccessory dDwelling uUnit, or jJunior aAccessory dDwelling uUnit is the property owner's principal place of residence as evidenced by qualifying for the homeowner's tax exemption, voter registration, vehicle registration, or similar methods that demonstrate owner-occupancy as their principal place of residence.
14.72.030 Where permitted.
A. aAccessory dDwelling uUnit. An aAccessory dDwelling uUnit that conforms to the development standards of this section shall be permitted in any zone that allows residential use, located on a lot developed or proposed to be developed with one or more residential units, except as prohibited or restricted in subsection C below. An aAccessory dDwelling uUnit that does not conform to the development standards of this section, may nonetheless be approved in accordance with the requirements of Section 14.72.055(A)(4)14.72.060.H.2.
B. jJunior aAccessory dDwelling uUnit. A jJunior aAccessory dDwelling uUnit may be permitted in any zone that allows residential use, and shall be located on a lot developed with an existing or proposed single residential unit, except as prohibited or restricted in subsection C below.
C. Prohibited or restricted locations.
1. Based on the final sea level rise vulnerability assessment and adaption plan identification of flooding hazards in the ADU beach neighborhood overlay district and city local coastal plan objective S-4, proposed aAccessory 7 dDwelling uUnits in the ADU beach neighborhood overlay district, as defined in the ADU beach overlay district zoning map shown as Exhibit 1 in Ordinance No. 758, shall be subject to discretionary review, as determined necessary by the community development director, or a director-appointed designee, to address and mitigate identified coastal hazards, including flooding, and coastal resource policy issues that address coastal access, in order to avoid risks to public safety associated with loss of life, property, and social dislocations.
2. aAccessory dDwelling uUnits shall be permitted in locations that are consistent with coastal resource protection policies of the city's coastal land use plan, including, but not limited to, environmentally sensitive habitats; coastal access; and visual, recreational, and cultural resources.
3. No aAccessory dDwelling uUnit or jJunior aAccessory dDwelling uUnit shall be permitted in a formally designated area where water or sewer service is found to be inadequate by the Carpinteria Sanitary District or Carpinteria Valley Water District, as appropriate, or in a formally designated area where traffic flow and public safety would be adverse impacted, as determined by the Carpinteria-Summerland Fire Protection District.
4. Unless prohibited or restricted by C.1 - C.43 of this subsection, applications for an aAccessory dDwelling uUnit and/or jJunior aAccessory dDwelling uUnit in the California Coastal Commission's appeals jurisdiction shall be permitted in accordance with Section 14.72.110.
14.72.035 Unit configuration.
A. One aAccessory dDwelling uUnit and/or jJunior aAccessory dDwelling uUnit shall be permitted on a lot in addition to the primary residential unit, pursuant to this chapter.
However, multiple aAccessory dDwelling uUnits on multi-family lots may be permitted in accordance with all the configuration requirements, development standards, and special procedures outlined in Section 14.72.090, Development standards for sSpecial aAccessory dDwelling uUnits.
B. An aAccessory dDwelling uUnit may be permitted in the following configurations:
1. Incorporated entirely within an existing or proposed primary residential unit.
2. Incorporated entirely within an existing accessory building, including garages, located on the same lot as the primary residential unit.
3. Through conversion of a garage, carport, or covered parking structure, or other accessory structure.
4. Attached to or increasing the size of an existing primary residential unit or attached accessory building located on the same lot as the primary residential unit.
5. Detached from and located on the same lot as the existing or proposed primary residential unit. An aAccessory dDwelling uUnit that is attached to 8 another detached accessory building, but not the primary residential unit, or is attached by a breezeway or porch, is considered detached.
C. Except as provided in Health and Safety Code Section 17981.12, Accessory Dwelling Units shall not be permitted within an existing nonconforming structure if the structure is nonconforming as to the coastal resource protection policies of the LCP city’s local coastal program.
D. Existing nonconforming, unpermitted structures and building code violations that are unrelated to and unaffected by Accessory Dwelling Unit or Junior Accessory Dwelling Unit construction shall not be used as a reason to deny Accessory Dwelling Unit or Junior Accessory Dwelling Unit permit application, unless the structures and violations present a threat to public health and safety.
14.72.040 Sale, rental, and occupancy terms.
All aAccessory dDwelling uUnits and jJunior aAccessory dDwelling uUnits shall be subject to the following sale, rental, and occupancy terms:
A. Not to be sold separately. An aAccessory dDwelling uUnit and jJunior aAccessory dDwelling uUnit shall not be sold separately from the primary residential unit, subject to the provisions of Government Code Section 65852.26 66341 and/or other provisions of state law that govern aAccessory dDwelling uUnit or jJunior aAccessory dDwelling uUnit sales.
B. Deed restriction. Prior to issuance of a permit for aAccessory dDwelling uUnit or jJunior aAccessory dDwelling uUnit, the owner shall record a deed restriction with the county recorder and file the recorded deed restriction with the city, acknowledging the applicable use limitations consistent with this Section 14.72.040 or other applicable limitations in the Title 14 of the Carpinteria Municipal Code and city administrative policies applying to the applicable base zone district that shall run with the land.
C. Rental terms. The aAccessory dDwelling uUnit or jJunior aAccessory dDwelling uUnit may be rented as a residential unit. The aAccessory dDwelling uUnit or jJunior aAccessory dDwelling uUnit shall not be rented as a short-term rental, as defined in Section 14.08.562 or for less than thirty-one 31 consecutive days, whichever is more restrictive. Rental terms shall not allow termination of the tenancy prior to the expiration of at least one thirty 30-day period occupancy by the same tenant.
D. Junior Accessory Dwelling Unit Owner occupancy. The following types of projects are subject to an owner occupancy requirement: Where a Junior Accessory Dwelling Unit is located on a property, the burden shall be on the property owner to show that the primary residential unit, or Junior Accessory Dwelling Unit is the property owner's principal place of residence as evidenced by qualifying for the homeowner's tax exemption, voter registration, vehicle registration, or similar methods that demonstrate owner-occupancy. A property owner shall have only one principal place of residence for the purposes of this Chapter 14.72. Notwithstanding, owner occupancy shall not be required if the property owner is another governmental agency, land trust, or housing organization. 9 1. An Accessory Dwelling Unit shall not be subject to an owner occupancy requirement. The property owner's principal place of residence requirement, upon the property where an accessory dwelling unit is permitted, shall not apply to accessory dwelling units approved between adoption of this Chapter
14.72 and January 1, 2025. The property owner's principal place of residency requirement shall apply to, an accessory dwelling unit permit issued after January 1, 2025, unless otherwise prohibited under state law, or upon repeal of Government Code Section 65852.2(a)(6)(B) removing the state-imposed prohibition of an owner occupancy requirement, whichever occurs first.
2. Where a junior accessory dwelling unit is located on a property, the burden shall be on the property owner to show that the primary residential unit, or junior accessory dwelling unit is the property owner's principal place of residence as evidenced by qualifying for the homeowner's tax exemption, voter registration, vehicle registration, or similar methods that demonstrate owner-occupancy. A property owner shall have only one principal place of residence for the purposes of this Chapter 14.72. Notwithstanding, owner occupancy shall not be required if the property owner is another governmental agency, land trust, or housing organization.
E. Hardship waiver. If owner occupancy is required in accordance with subsection D, Owner occupancy, the property owner may apply for a temporary waiver in the event of a hardship. For the purposes of this section, an event of a hardship includes, but is not limited to, the death or disability of the property owner, job transfer, or similar significant personal situation which prevents the property owner from occupying the owner's unit. A property owner or estate representative may apply for a temporary waiver of the owner-occupation requirement for a specific time period to allow the owner's unit to be occupied by a non-property owner until the cessation of the circumstances preventing the property owner from occupying the owner's unit on the property. The community development director shall review applications for an event of hardship waiver. Any such temporary waiver shall specify the period of time for which it is granted, provided that no such waiver may be granted for a period longer than three years.
F. Removal of owner occupancy requirement. With the exception of owner occupancy covenants, restrictions or conditions required to permit a jJunior aAccessory dDwelling uUnit, the community development director will, in a form acceptable to the city attorney, release an owner occupancy requirement recorded against the property prior to adoption of this chapter January 1, 2024 upon the request of the property owner. No other covenants, restrictions or conditions required pursuant to this Title 14, and contained in the agreement recorded against the property shall be released, unless the community development director determines that the covenant, restriction or condition conflicts with California Civil Code section 714.3.
10 14.72.050 Required features.
Each aAccessory dDwelling uUnit or jJunior aAccessory dDwelling uUnit shall contain, at a minimum, the following features:
A. Residential elements. Permanent provisions for separate residential occupancy must be provided as follows within the contiguous livable floor space of the aAccessory dDwelling uUnit or jJunior aAccessory dDwelling uUnit and must be independent from the primary residential unit, unless otherwise noted:
1. Provisions for cooking, including storage, countertop, sink, and electric outlets as required per Carpinteria Municipal Code, Title 15, Buildings and construction. A jJunior aAccessory dDwelling uUnit may contain an efficiency kitchen.
2. A bathroom consisting of a toilet, sink, and bathtub or shower. A jJunior aAccessory dDwelling uUnit may share these sanitation facilities with the existing or proposed primary residential unit.
3. A separate sleeping room, except in studio residential units, where a living room is considered a sleeping room.
B. Minimum floor area. The minimum floor area for a new aAccessory dDwelling uUnit is as follows:
1. Efficiency unit: One hundred fifty 150 square feet.
2. Studio unit: Two hundred twenty 220 square feet.
Such usable floor area shall be exclusive of open porches, garages, basements, cellars and unfinished attics. The minimum floor area for aAccessory dDwelling uUnits that are created by converting existing structures is one hundred fifty 150 square feet.
C. Exterior access. Exterior access to the unit, that is independent from the primary residential unit must be provided. An accessory dwelling unit or junior accessory dwelling unit may provide an interior connection consisting of one fire-rated lockable door between the primary residential unit, but one is not required.
D. Interior Connection. An Accessory Dwelling Unit or Junior Accessory Dwelling Unit may provide an interior connection consisting of one fire-rated lockable door to access the primary residential unit. Junior Accessory Dwelling Units that share sanitation facilities as defined in Section 14.72.050(A)(2) with the primary residential unit are required to have an interior connection to the primary residential unit.
E. Fire sprinklers. Fire sprinklers are required only if they are required for the primary residential unit. Construction of an Accessory Dwelling Unit shall not trigger a requirement for fire sprinklers in the primary residential unit.
F. Permanent foundation. Attached and detached units shall be constructed with a city-approved permanent foundation in accordance with Chapter 15, Buildings and construction, of the Carpinteria Municipal Code.
11 G. Property addresses. Addresses identifying all residential units on the lot, with minimum three-and one-half-inch numbers plainly visible from the street or road fronting the property shall be provided.
H. Utility fees. An aAccessory dDwelling uUnit shall not be considered by a local agency, special district, or water corporation to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the aAccessory dDwelling uUnit was constructed with a new single-family dwelling.
I. Public sewer service. aAccessory dDwelling uUnits and jJunior aAccessory dDwelling uUnits shall comply with the sewer service requirements of the Carpinteria Sanitary District, including, but not limited to, advanced procurement of a sewer construction permit for exterior plumbing modifications or sewer lateral installation.
J. Public water service. Accessory dDwelling uUnits shall comply with the water service requirements of the Carpinteria Valley Water District, consistent with state law, including, but not limited to, Government Code Section 65852.2(f)(2)(A) 66324.
K. Direct utility connection. No direct new or separate utility connection, or related fees, shall be required between a public sewer or water service district and an aAccessory dDwelling uUnit or jJunior aAccessory dDwelling uUnit that is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure (including an expansion of not more than one hundred fifty 150 square feet beyond the same physical dimensions as the existing structure).
L. Passageway. No passageway is required in conjunction with the construction of an aAccessory dDwelling uUnit or jJunior aAccessory dDwelling uUnit.
M. Enforcement of building standards. Accessory Dwelling Units and Junior Accessory Dwelling Units shall adhere to the following regulations:
1. In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code, a local agency, upon request of an owner of an aAccessory dDwelling uUnit for a delay in enforcement, shall delay enforcement of a building standard, subject to compliance with Section 17980.12 of the Health and Safety Code providing the aAccessory dDwelling uUnit was built prior to January 1, 2020.
2. The construction of an Accessory Dwelling Unit shall not constitute a Group R occupancy change under the California Building Code, except pursuant to the findings in Government Code Section 66314(d)(8).
3. The city shall not deny an Accessory Dwelling Unit permit for an unpermitted unit that was constructed before January 1, 2018 because the unpermitted unit is in violation of building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code, or is not in compliance with Chapter 14.72, unless the city makes the finding that correcting the violation is necessary to protect the health and safety of the public or occupants of the structure. This paragraph 12 shall not apply to buildings deemed substandard pursuant to Section 17920.3 of the Health and Safety Code.
14.72.055 Development standards for aAccessory dDwelling uUnits and jJunior aAccessory dDwelling uUnits.
A. Development standards generally. The development standards listed in this section apply to aAccessory dDwelling uUnits and jJunior aAccessory dDwelling uUnits, except for sSpecial aAccessory dDwelling uUnits permitted in accordance with all the configuration requirements, development standards, and special procedures outlined in Section 14.72.090, Standards for sSpecial aAccessory dDwelling uUnits.
1. The reductions and exceptions to the development standards normally applicable to residential development allowed in this section are for the express purpose of promoting the development and maintenance of an aAccessory dDwelling uUnit and/or jJunior aAccessory dDwelling uUnit on the lot. If for any reason the aAccessory dDwelling uUnit is not maintained on the lot in conformance with this section, the lot shall be brought into compliance with all of the requirements for the residential development, or with the legal nonconforming condition of the lot prior to the development of the aAccessory dDwelling uUnit, including, but not limited to, the requirements for open yard, setbacks, and covered parking.
2. Except as otherwise specified in this section, projects developed in accordance with this chapter shall otherwise comply with objective development standards applicable to an attached or detached accessory building or structure for the housing type and base zone in which the lot is located.
3. One primary residential unit shall be designated on a lot on which an aAccessory dDwelling uUnit and/or jJunior aAccessory dDwelling uUnit is permitted.
4. Notwithstanding this section Subsection B below or other local development standards for the base zone district that are not expressly prohibited by state law or reduced due to provisions in Section 14.72.030, any other minimum or maximum size for an aAccessory dDwelling uUnit based upon a percentage of the proposed floor area or existing floor area, or limits on building coverage, floor area ratio, open space, front setbacks, or minimum lot size, for either attached or detached dwellings shall permit at a minimum: an 800 eight hundred square foot aAccessory dDwelling uUnit that is up to sixteen feet in height conforms to the height requirements in Section 14.72.060(C), with four-foot side and rear yard setbacks, constructed in compliance with all other local development standards.
B. Maximum floor area. The maximum floor area(s) for a standard aAccessory dDwelling uUnit and jJunior aAccessory dDwelling uUnit are as follows:
13 1. Attached aAccessory dDwelling uUnit. An aAccessory dDwelling uUnit that is attached to, and increasing the size of, the primary residential unit shall not exceed fifty 50 percent of the existing floor area of the existing primary residential unit, and shall not exceed a maximum floor area of eight hundred 850 square feet.
2. Converted aAccessory dDwelling uUnit. An aAccessory dDwelling uUnit that is incorporated entirely within an existing primary residential unit, or within an existing accessory building, is not limited in size, except by the minimum floor area requirements in Section 14.72.050(B).
3. Detached aAccessory dDwelling uUnit, new construction. An aAccessory dDwelling uUnit that is detached from the primary residential unit and may or may not be attached to another detached accessory building, including detached garages, shall not exceed the following maximum floor area based on lot size and number of bedrooms:
i. Lots up to fourteen thousand nine hundred ninety-nine square feet:
ii. One-bedroom or studio units: Eight hundred fifty850 square feet. iii. Two or more-bedroom units: One thousand1,000 square feet.
4. Junior aAccessory dDwelling uUnit. The maximum floor area of a jJunior aAccessory dDwelling uUnit shall not exceed five hundred500 square feet.
C. Relationship to other floor area limitations. The floor area of an aAccessory dDwelling uUnit or jJunior aAccessory dDwelling uUnit is included in any other floor area limitation in this Title that is applicable to an attached or detached accessory building for the housing type and in the base zone in which the lot is located.
1. Exception. The floor area of a detached aAccessory dDwelling uUnit shall be excluded from the aggregate maximum lot coverage allowed for other detached accessory buildings, such as work or storage sheds.
D. Building separation. The minimum separation between the primary residential unit and a detached aAccessory dDwelling uUnit shall be five feet.
E. Front, side, and rear setbacks. The following setbacks shall apply to new and converted standard aAccessory dDwelling uUnits approved pursuant to this section:
1. New construction. Newly constructed aAccessory dDwelling uUnits shall comply with the following setback standards:
a. Front setback: Meet the minimum front setback for residential structures of the base zone district.
b. Side and rear setback: Four feet in all zones except 4-R-1, which must maintain a minimum three feet of distance in the side yards.
2. Converted. No setback is required to convert the existing floor area of a principal or accessory building to an aAccessory dDwelling uUnit.
3. Demolished or substantially redeveloped. No setback is required when an existing principal or accessory building is demolished or substantially 14 redeveloped and converted to an aAccessory dDwelling uUnit, provided that the new building is reconstructed in the same location and with the same dimensions and floor area as the existing building.
a. Exception for small conforming additions. One small one hundred fifty 150- square-foot conforming first floor addition may be permitted on a substantially redeveloped and converted accessory building that is nonconforming as to the front, side, or rear setbacks for accommodation of unit ingress and egress.
4. New construction combined with replacement of a nonconforming accessory structure. The construction of an aAccessory dDwelling uUnit may be combined with the demolition and replacement of a detached accessory structure that is nonconforming as to the front, side, or rear setbacks if all of the following requirements are met:
a. The new accessory structure is reconstructed in the same location and with the same dimensions as the existing accessory structure; or b. The aAccessory dDwelling uUnit and any additions to the accessory structure shall conform with setbacks of this section; and
c. The new accessory structure shall comply with all applicable height and all other development standards of this section.
14.72.060 Design review.
All aAccessory dDwelling uUnits or jJunior aAccessory dDwelling uUnits shall be subject to the following architectural design criteria as applicable to either new construction or exterior alterations, which shall be reviewed ministerially by the community development director or the director's designee. Design standards in the base zone district shall apply where they do not conflict with this section or state law.
For purposes of this section, portions of a building or site considered to be the aAccessory dDwelling uUnit shall include all of the contiguous interior livable floor area of the aAccessory dDwelling uUnit and any exterior alterations directly attached to, and integral to, the livable floor area of the aAccessory dDwelling uUnit.
A. Prohibition of shiny roofing and siding. New roofing and siding materials with a light reflectance value of 40 or above, and siding materials that are shiny, mirror-like, or of a glossy metallic finish with a light reflectance value of 60 or above are prohibited.
B. Grading. No more than thirty 30 cubic yards of grading on slopes of less than fifteen 15 percent.
C. Height. An aAccessory dDwelling uUnit shall not exceed the following, whichever is greater:
1. Height of the primary residential unit;
2. Number of stories of the primary residential unit; or
3. 25 feet for Accessory Dwelling Units attached to the primary dwelling; or 15 4. Sixteen 18 feet.
This height limitation is not applicable to an accessory dwelling unit constructed above a garage; however, in no event shall the resulting building exceed the maximum height or number of stories allowed for a detached or attached accessory building in the zone.
5. Notwithstanding Sections 14.72.060(C)(1)-(4) above, for Accessory Dwelling Units constructed as a second story or over a garage, the resulting building shall not exceed two stories and the maximum height allowed in the zone. Unless constructed over a garage, the new unit located in the front yard shall be:
a. No more than one-story and sixteen feet in height; and b. Screened from the street by location or landscape, as viewed from the street.
D. Design. New detached or attached aAccessory dDwelling uUnits shall utilize the design of the primary residential unit regarding style, fenestration, materials, colors, and details exterior finishes and roof form if the aAccessory dDwelling uUnit meets any of the following:
1. Attached to, or if any portion of the aAccessory dDwelling uUnit is located within twenty 20 feet of, the primary residential unit;
2. Two stories tall, or twelve 12 feet or taller in building height;
3. Located in the front yard or visible from a public street or public place.
4. Located on a site on which there is a historical resource as follows:
a. Listed on the National Register of Historic Places or the California Register of Historic Resources; or
b. Designated as a city of Carpinteria Landmark or Structure of Merit.
E. Front yard location. The construction of a new detached aAccessory dDwelling uUnit located in the front yard shall be subject to all of the following: The new aAccessory dDwelling uUnit must be located a minimum of twenty20 feet back from all front lot lines, or meet the minimum front setback for the zone in which the lot is located, whichever is greater, providing setbacks do not preclude construction of a sSpecial aAccessory dDwelling uUnit.
1. Accessory Dwelling Units located in the front yard shall be screened from the street by location or landscape, as viewed from the street.
F. Privacy standards. The construction of an aAccessory dDwelling uUnit where any portion of the proposed construction is either: two or more stories tall or sixteen 18 feet or taller in building height, shall comply with the following:
1. Upper story unenclosed landings, decks, and balconies greater than twenty20 square feet, shall face the primary residential unit or the public right-of-way.
2. Upper story unenclosed landings, decks and balconies, that do not overlook the adjoining property due to orientation or topography, may be located at the minimum interior setback line if an architectural screening element such as 16 enclosing walls, trellises, awnings or perimeter planters with an eight-foot minimum height is incorporated into the unenclosed landing, deck or balcony.
3. Upper story windows that face or overlook the adjoining property, located within fifteen15 feet of the interior lot lines, shall be installed with a minimum of seventy-two72 inches above finish floor.
G. Solar access Rooftop Solar. Newly constructed detached aAccessory dDwelling uUnits are subject to the energy code requirement to provide solar panels. The panels may be installed on the aAccessory dDwelling uUnit or the primary residential unit. Accessory dDwelling uUnits that are constructed within existing space, or as an addition to existing homes, including detached additions where an existing detached building is converted from non-residential to residential space, are not subject to this requirement.
14.72.070 Protection for historic resources.
No aAccessory dDwelling uUnit or jJunior aAccessory dDwelling uUnit shall be permitted if the proposal would cause a substantial adverse change in the significance of a historical resource that is listed or eligible for listing on the National Register of Historic Places, the California Register of Historical Resources, located in the downtown and Old Town District, or designated as a city of Carpinteria Landmark or Structure of Merit. The community development director shall make this determination by requiring additional information that the director determines is necessary, including, but not limited to, a historic resources report, to ensure that the proposal is consistent with city cultural and historic resource policies and as appropriate, the Secretary of Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings.
14.7372.080 Parking standards.
Consistent with the requirements of the city's coastal land use plan policies, sufficient off-street parking must be provided for any new development and substantial redevelopment so as to avoid significant adverse impacts to public access to the shoreline and coastal recreation areas. Automobile Vehicle parking, therefore, must be provided consistent with this section for lots developed with aAccessory dDwelling uUnits or jJunior aAccessory dDwelling uUnits, as follows:
A. ADU Beach neighborhood overlay district. All required parking in the ADU beach neighborhood overlay district shall be located based on:
1. The city's local coastal plan objective OSC-14 and policy OSC-14a, the city's final sea level rise vulnerability assessment and adaption plan identification of increasing coastal flood hazards in the ADU beach neighborhood overlay district and given existing identified impeded traffic flow during flood events at neighborhood and Carpinteria State Beach parking lots.
2. The need to preserve coastal public access in this area, where specific vacation rental provisions are implemented under the LCP local coastal program and high 17 demand exists for coastal visitor-serving recreational opportunities, including coastal access parking.
Parking may be located and designed consistent with D.3 of this section.
B. Primary residential units. Automobile Vehicle parking for the primary residential unit shall be provided in compliance with Chapter 14.54, except as provided below.
1. Special procedures for conversion or demolition of existing covered parking to an aAccessory dDwelling uUnit. When an existing garage, carport, or other covered parking structure is converted to an aAccessory dDwelling uUnit or jJunior aAccessory dDwelling uUnit or demolished in conjunction with the construction of the unit, the required covered parking spaces that are displaced by the conversion or demolition shall not be required to be replaced.
2. Nonconforming conditions. If a Special Accessory Dwelling Unit the accessory dwelling unit and/or junior accessory dwelling unit is developed in accordance with all the requirements of this chapter, and is a special accessory dwelling unit eligible for approval, nonconforming parking shall not be required to conform to current parking standards for new floor area associated with the unit(s).
C. Junior aAccessory dDwelling uUnits. No automobile vehicle parking is required for jJunior aAccessory dDwelling uUnits.
D. No parking required for certain dwelling units. The following types of aAccessory dDwelling uUnits are not required to provide parking if it meets all of the following criteria:
1. The aAccessory dDwelling uUnit is located outside of the ADU beach neighborhood overlay district based on the final sea level rise vulnerability assessment and adaption plan science-based identification of coastal hazards in the ADU beach neighborhood overlay district, that presently occur along the seaward side of Sandyland Road, and with increasing hazards that are projected to occur in the district due to estimated sea level rise of one to five feet, between the present and through 2100.
2. The aAccessory dDwelling uUnit meets at least one of the following measures that will sufficiently reduce the demand for off-street parking:
a. The aAccessory dDwelling uUnit is located within a walking distance of onehalf mile of an operational public transit stop, which shall include various means of transportation that charge set fees, run on fixed routes, and are available to the public; or
b. The aAccessory dDwelling uUnit is located within the downtown old town district as identified in the general plan; or
c. The aAccessory dDwelling uUnit is contained entirely within the permitted floor area of the existing primary residential unit or an existing accessory building; or
d. When on-street parking permits are required but not offered to the occupants of the aAccessory dDwelling uUnit; or
18 e. When there is a carshare vehicle located within five hundred500 feet of the aAccessory dDwelling uUnit.; or
f. When a permit application for an Accessory Dwelling Unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the Accessory Dwelling Unit or the lot satisfies any other criteria listed in above subparagraphs 2.a through 2.e, inclusive.
3. All other aAccessory dDwelling uUnits shall provide parking as below:
a. A minimum of one uncovered automobile vehicle parking space per unit or bedroom, whichever is less. Guest parking shall not be required for aAccessory dDwelling uUnits in any circumstance.
b. The space may be provided as tandem parking on a driveway. c. Uncovered parking spaces may be located four feet from any interior lot line, provided a minimum of three feet in width of planting area is provided for the length of the paved parking area along the interior lot line.
14.72.090 Development standards for sSpecial aAccessory dDwelling uUnits.
Special aAccessory dDwelling uUnits, as defined in Section 14.72.020(a), shall be allowed, consistent with state law, in accordance with either subsection A or B, below, and shall conform to the development standards of subsection C, below. Design standards of the base zone district shall apply where they do not conflict with this section or state law.
A. Configuration—Dwelling, single family lots. A lot developed with only one existing or proposed single residential unit, may permit up to one Junior Accessory Dwelling Unit contained entirely within to fully enclosed existing or proposed primary residential unit, and one of the following types of Special aAccessory dDwelling uUnits:
1. Converted portion of main building. Only oOne aAccessory dDwelling uUnit and/or junior accessory dwelling unit contained entirely within the fully enclosed existing floor area of the existing or proposed primary residential unit; or
2. Converted accessory building. Only oOne aAccessory dDwelling uUnit contained entirely within the fully enclosed existing floor area of a garage or other accessory building on the same lot as the primary residential unit, plus one hundred fifty-square-foot conforming first floor addition a conforming addition of no more than 150 square feet, if the addition is limited to accommodating ingress and egress; or
3. One unit—New construction. One newly constructed aAccessory dDwelling uUnit, detached from any other main or accessory building.; or
4. Two units—Combination. One junior accessory dwelling unit contained entirely within the existing, legally permitted, fully enclosed livable floor area of the 19 existing or proposed primary residential unit, plus one newly constructed, accessory dwelling unit, detached from any other main or accessory building.
B. Configuration—Dwelling, multiple family lots. A lot developed with two or more residential units may permit one of the following types of Special aAccessory dDwelling uUnits:
1. Converted non-livable space. At least one aAccessory dDwelling uUnit, and up to twenty-five25 percent of the existing number of multifamily units structures (structure containing multiple dwelling units) on a lot, may shall be converted into allowed as a Special aAccessory dDwelling uUnits on the lot, if contained entirely within portions of fully enclosed existing floor area of a residential structure that is not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages. In mixed-use buildings, commercial floor area shall not be converted to a Special Accessory Dwelling Unit. ; or
2. Two units—New construction. No more than one newly constructed Special aAccessory dDwelling uUnit, detached from any other main or accessory building, shall be allowed for lots with four orf fewer units. For lots with greater than four units, no more than two newly constructed Special aAccessory dDwelling uUnits, detached from any other main or accessory building shall be allowed.
C. Development standards generally. The development standards listed in this section apply to specific types of sSpecial aAccessory dDwelling uUnits with certain size, height, and setback standards that, if followed, allow for a permit issued by the director of the community development department. Further, no lot coverage, floor area ratio, open space, front setbacks, or minimum lot size shall preclude the construction of a sSpecial aAccessory dDwelling uUnit.
1. Maximum unit size. The maximum unit size of a sSpecial aAccessory dDwelling uUnit shall be eight hundred 800 square feet.
2. Minimum unit size. The minimum unit size of a Special Accessory Dwelling Unit shall be as specified in Section 14.72.050(B)
3. Height. The maximum height of a sSpecial aAccessory dDwelling uUnit shall be sixteen feet as specified in Section 14.72.060(C).
4. Setbacks. Rear yard and side yard setbacks shall be a minimum of four feet.
5. Parking. Except for aAccessory dDwelling uUnits or jJunior aAccessory dDwelling uUnits located in the ADU beach neighborhood overlay district, which is are subject to Section 14.72.080, Parking standards, no replacement or additional parking shall be required.
6. Nonconformity. Correction of any existing or created nonconformity shall not be required, except that sSpecial aAccessory dDwelling uUnits shall not be allowed in buildings or structures that are nonconforming as to coastal resource protection policies or development standards of the LCP local coastal program.
Existing multifamily dwellings that are nonconforming as to height, rear setbacks, 20 and side setbacks shall not be used as a reason to deny an Accessory Dwelling Unit permit application.
7. Rental term. No unit shall be rented for thirty 30 days or less.
8. Fire sprinklers. Fire sprinklers are required in units where required for the primary residence only if they are required for the primary residential unit. Construction of a Special Accessory Dwelling Unit shall not trigger a requirement for fire sprinklers in the primary residential unit.
9. Density. Units shall not be calculated as part of general plan/coastal land use plan density calculations.
10.Ownership occupancy. Special accessory dwelling units and junior accessory dwelling units shall conform to owner occupancy terms as defined in Section
14.72.040(D).
D. Development standards for conversion of existing or proposed primary singlefamily residence or accessory structure into a sSpecial aAccessory dDwelling uUnit. Except for aAccessory dDwelling uUnits located in the ADU beach neighborhood overlay district, which is subject to Section 14.72.080, Parking standards, no size limitation, height, setback, lot coverage, design review, landscape, or other development standard shall be required. The proposed unit shall be required to obtain an administrative coastal development permit and building permit.
E. Any reductions and exceptions in this section are for the express purpose of promoting the development and maintenance of a sSpecial aAccessory dDwelling uUnit or jJunior aAccessory dDwelling uUnit on the lot. If for any reason the Special aAccessory dDwelling uUnit or jJunior aAccessory dDwelling uUnit is no longer maintained on the lot, the lot shall be brought into compliance with all of the requirements for the remaining residential development, or with the legal nonconforming condition of the lot prior to the development of the Special aAccessory dDwelling uUnit or jJunior aAccessory dDwelling uUnit.
F. Applications utilizing the sSpecial aAccessory dDwelling uUnit standards described in this section may not utilize the less restrictive configuration, size, and height standards allowed under another section to achieve a larger unit or more than one unit.
G. Except as otherwise specified in this section, sSpecial aAccessory dDwelling uUnits developed in accordance with this chapter shall otherwise comply with the development standards applicable to the housing type and base zone district in which the lot is located and all applicable state and local building codes.
14.72.100 Processing requirements.
All aAccessory dDwelling uUnits and jJunior aAccessory dDwelling uUnits shall comply with applicable state and local building codes and shall require approval of either a coastal development permit without public hearing and a building permit, or an 21 appealable coastal development permit and a building permit for units located within the zones governed by the California Coastal Commission Appeals Jurisdiction.
A. Residential density. An aAccessory dDwelling uUnit or jJunior aAccessory dDwelling uUnit is a residential use that is consistent with the existing coastal land use plan designation and zoning for lots within the allowable residential zones. Any aAccessory dDwelling uUnit or jJunior aAccessory dDwelling uUnit permitted pursuant to this section does not exceed the allowable density for the lot upon which the aAccessory dDwelling uUnit or jJunior aAccessory dDwelling uUnit is located.
B. Combined permits. If a permit application for an aAccessory dDwelling uUnit or jJunior aAccessory dDwelling uUnit is submitted at the same time as a permit application for a new single-unit dwelling, review of the permit for aAccessory dDwelling uUnit or jJunior aAccessory dDwelling uUnit application shall be delayed until the permit for the single-unit dwelling has been approved.
C. Permit approval. Except for applications to create an aAccessory dDwelling uUnit or jJunior aAccessory dDwelling uUnit in the ADU beach neighborhood overlay district, where the city determines that discretionary review is required, the city shall act on the application to create an aAccessory dDwelling uUnit or jJunior aAccessory dDwelling uUnit within sixty60 days from the date a complete application is submitted, if an existing primary residence or multifamily dwelling exists on the lot and the proposed aAccessory dDwelling uUnit or jJunior aAccessory dDwelling uUnit conforms to all applicable objective development standards of this chapter. If an applicant requests a delay, tThe complete application shall be deemed approved unless the city provides the applicant with notice within the sixty60-day period that the application implicates Coastal Act/LCP local coastal program policies such that it requires further review.
1. If the city denies an application for an Accessory Dwelling Unit or Junior Accessory Dwelling Unit pursuant to subsection C, the city shall, within the time period described in subsection C, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.
D. Building permit approval. The city shall ministerially approve or disapprove a complete building permit application for an aAccessory dDwelling uUnit or jJunior aAccessory dDwelling uUnit in compliance with time periods established by state law, following any applicable coastal development permit approvals. When an Accessory Dwelling Unit application proposes to demolish a detached garage and replace it with an Accessory Dwelling Unit, a demolition permit will be reviewed and issued at the same time as the Accessory Dwelling Unit permit, in accordance with Section 14.72.100(C).
E. Preapproval of Plan Sets. Pursuant to Government Code Section 65852.27, or as it may be amended, the city shall accept Accessory Dwelling Unit plans for preapproval. Applications for a detached new construction Accessory Dwelling Unit that utilize plans preapproved by the city within the current triennial California Building Standards Code rulemaking cycle shall be approved or denied within 30 days of complete application submittal.
22 F. Exemption for public improvements. No public improvements shall be required for the creation or conversion of an aAccessory dDwelling uUnit or jJunior aAccessory dDwelling uUnit.
G. Impact fees. Accessory dDwelling uUnits up to seven hundred fifty 750 square feet are exempt from impact fees. Accessory dDwelling uUnits that are seven hundred fifty 750 square feet or larger may be charged impact fees but only such fees that are proportional in size (by square foot) to those for the primary dwelling. In no event shall jJunior aAccessory dDwelling uUnits be charged impact fees.
H. School impact fees. School districts may levy impact fees for aAccessory dDwelling uUnits greater than five hundred 500 square feet. Such fees should be based on city and school district coordination and evaluation, and findings of a district prepared nexus study to determine any appropriate fees necessary to ensure the adequacy of school facilities.
I. Recorded agreement. Before obtaining a building permit for an aAccessory dDwelling uUnit or jJunior aAccessory dDwelling uUnit, the property owner shall execute an agreement, containing a reference to the deed under which the property was acquired by the present owner which outlines the requirements regarding the sale, rental, and owner occupancy of lots developed with aAccessory dDwelling uUnits and jJunior aAccessory dDwelling uUnits as specified in Section 14.72.040 of this chapter and other applicable limitations in the Title 14 of the Carpinteria Municipal Code and city administrative policies applying to the applicable base zone district that shall run with the land.
J. Recorded deed restriction. As a condition of coastal permit approval for new development in the ADU beach neighborhood overlay district, and as required by the city zoning code and other applicable laws, ordinances, policies, practice and/or procedures, the city may require that an applicant record a deed restriction on the property to acknowledge and agree to certain conditions, including, but not limited to: 1) that the development is located in a hazardous area, or an area that may become hazardous in the future; 2) to assume the risks of injury and damage from such hazards in connection with the permitted development; 3) to unconditionally waive any claim of damage or liability against the city of Carpinteria and coastal commission, if the property is appealed, its officers, agents, and employees with respect to approval of the project against any and all liability, claims, demands, damages, costs (including costs and fees incurred in defense of such claims), expenses, and amounts paid in settlement arising from any injury or damage due to such hazards; 5) that they have no rights under Coastal Act Section 30235 and related LCP local coastal program policies to shoreline armoring in the future; 6) that sea level rise could render it difficult or impossible to provide services to the site (e.g., maintenance of roadways, utilities, sewage or water systems), thereby constraining allowed uses of the site or rendering it uninhabitable; 7) that the boundary between public land (tidelands) and private land may shift with rising seas, the structure may eventually be located on public trust lands, and the development approval does not permit encroachment onto public trust land; 8) any future encroachment must be removed unless the coastal commission determines that the encroachment is legally permissible pursuant to the Coastal Act and authorizes it to 23 remain, and any future encroachment would also be subject to the state lands commission's (or other trustee agency's) leasing approval; and 9) that the structure may be required to be removed or relocated and the site restored if it becomes unsafe or if removal is required.
14.72.110 Authority to review.
A. Coastal commission permit jurisdiction. Notwithstanding other permit and appeal provisions of this chapter, development proposals which are located on lands identified as tidelands, submerged lands or public trust lands as identified on the Post-LCP Certification Permit and Appeal Jurisdiction Map, city of Carpinteria, adopted by the coastal commission, shall require a coastal development permit from the coastal commission pursuant to California Public Resources Code Section 30519(b). Upon submittal to the city of an application for a coastal development permit, the community development director shall notify the applicant and the coastal commission of the determination that the project is within the retained permit jurisdiction of the coastal commission, and therefore, a state coastal development permit issued by the coastal commission is required for the development. In conjunction with the city's review and decision on the development in accordance with the requirements of this chapter and other city codes, the city shall also make a recommendation to the coastal commission regarding the development's conformance with the certified local coastal program, including this chapter. The city's determination of development conformance with the objectives and requirements of the local coastal program shall be advisory only and not a final action under this chapter. Development shall not proceed until the coastal commission grants a coastal permit for such a development.
B. Coastal commission appeals jurisdiction. Where an appealable coastal development permit is required pursuant to Section 14.48 of this title, the authority to review an application for a coastal development permit is designated to the community development director or the director's designee. In the appealable area, decisions of the director or the director's designee may be appealed to the coastal commission in accordance with Section 14.48. Actions on applications to construct aAccessory dDwelling uUnits within these areas shall be consistent with the provisions of the applicable zone and the policies and development standards of the city of Carpinteria's certified local coastal program and Chapter 3 of the California Coastal Act.
C. Discretionary review with appeals (ESHA and beach neighborhood overlay district.) Applications to create an aAccessory dDwelling uUnit or a jJunior aAccessory dDwelling uUnit in the ADU beach neighborhood overlay district, where the community development director or the director's designee determines that discretionary review is required, shall be processed with a coastal development permit, that may be appealed in accordance with section Chapter 14.78 of this chapter Title.
D. Coastal development permits without discretionary review. When a proposed aAccessory dDwelling uUnit or a jJunior aAccessory dDwelling uUnit is not a 24 sSpecial aAccessory dDwelling uUnit and is located outside the coastal commission appeals jurisdiction, the ADU beach neighborhood overlay district, and/or an environmentally sensitive habitat area, a coastal development permit application shall be required and the application shall be reviewed and approved by the community development director, or the director's designee, without a public hearing in accordance with Government Code Section 65852.2 66317. The decision of the community development director, or the director's designee shall not be appealable and shall constitute the final action of the city.
E. Administrative coastal development permit for sSpecial aAccessory dDwelling uUnits. When a sSpecial aAccessory dDwelling uUnit is proposed in conformance with 14.72.090 of this section and is located outside the coastal commission appeals jurisdiction, the ADU beach neighborhood overlay district, and/or an environmentally sensitive habitat area, such unit shall be issued an administrative coastal development permit by the community development director or the director's designee without a public hearing in accordance with Government Code Section 65852.2 66317, and shall not be appealable, and shall constitute the final action of the city.
F. Building permits for jJunior aAccessory dDwelling uUnits. When a jJunior aAccessory dDwelling uUnit is completely within the footprint of a single-family residence and is located outside the coastal commission appeals jurisdiction and/or the ADU beach neighborhood overlay district, such unit shall be required to obtain a building permit to ensure compliance with building code and health and safety standards. No Coastal Development Permit shall be required. [end]
SECTION 3. EFFECTIVE DATE
This Ordinance shall be in full force and effect thirty days following the second reading of the Ordinance. Before the expiration of fifteen (15) days following passage, this Ordinance shall be published once with the names of the members of the City Council voting for and against the same in the Coastal View News, a newspaper of general circulation, published in the City.
SECTION 4. SEVERABILITY
If any section, subsection, sentence, clause, phrase or word of this Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decisions shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed and adopted this Ordinance, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid.
SECTION 5. CEQA EXEMPTION
The City Council finds that this Ordinance is statutorily exempt from the California Environmental Quality Act (“CEQA”) pursuant to Public Resources Code Section 21080.17, which states that CEQA does not apply to adoption of an Accessory Dwelling 25 Unit ordinance to implement the provisions of Government Code Sections 65852.2 or as recodified as 66314-66332, and is categorically exempt from review under CEQA pursuant to CEQA Guidelines Section 15303, New Construction or Conversion of Small Structures, which exempts “a second dwelling unit in a residential zone.” PASSED, APPROVED, AND ADOPTED this __ day of___, 2024, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
____________________________
Mayor, City of Carpinteria
ATTEST:
_________________________________
Brian C. Barrett, CMC, CPMC
City Clerk, City of Carpinteria
I hereby certify that the foregoing Ordinance was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of Carpinteria held this ___ day of ___, 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 C
Resolution No. 6340
RESOLUTION NO. 6340
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARPINTERIA, CERTIFYING THAT ORDINANCE NO. 785 IS INTENDED TO CARRY OUT THE POLICIES OF THE CITY’S LOCAL COASTAL PROGRAM CONSISTENT WITH THE CALIFORNIA COASTAL ACT, AND DIRECTING THAT ORDINANCE NO. 785 BE
TRANSMITTED TO THE CALIFORNIA COASTAL COMMISSION FOR FILING PURSUANT TO PUBLIC RESOURCES CODE SECTION 30510 AND IN
ACCORDANCE WITH SECTION 13551 OF TITLE 14 OF THE CALIFORNIA CODE OF REGULATIONS.
PROJECT 23-2231-LCPA/ORD
WHEREAS, at a duly noticed public hearing on August 28, 2023, the City Council adopted Resolution No. 6265, initiating amendments to Carpinteria Municipal Code (CMC) Chapter 14.72, part of the City’s Local Coastal Program (LCP) and zoning code; and
WHEREAS, at a duly noticed public hearing on March 4, 2024, the Planning Commission considered Ordinance No. 785 (Project No. 23-2231-LCPA/ORD) and forwarded its recommendation to approve the Local Coastal Program Amendment to the City Council; and
WHEREAS, on March 4, 2024, the Planning Commission unanimously recommended that the City Council determine that Ordinance No. 758 is statutorily exempt from review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17, which states that CEQA does not apply to adoption of an Accessory Dwelling Unit ordinance to implement the provisions of State Government Code Article 2 (commencing with Section 66310) of Chapter 13, Division 1, Title 7 of the Government Code, and categorically exempt from review under CEQA in accordance with CEQA Guidelines Section 15303, which exempts new construction or conversion of small structures, as in the case of an Accessory Dwelling Unit, implemented under the provisions of State Government Code Section 66333 et seq.; and
WHEREAS, on July 8, 2024, after consideration of the Planning Commission’s recommendation, receiving public comment, due consideration, and discussion among the Council members and staff, the City Council adopted this Resolution certifying that the proposed Ordinance No. 785 is intended to carry out the policies of the City’s Coastal Land Use Plan consistent with the California Coastal Act and directed that Ordinance No. 785 be transmitted to the California Coastal Commission for filing Resolution No. 6340