Carpinteria City Council
February 3, 2025

and public education through signage, news, and social media. These actions complement federal regulations governing human activities near marine mammals.2 In 2021, the Council formed the Ad Hoc Harbor Seal Advisory Committee (HSAC) to examine a decline in seal numbers and make recommendations to the Council regarding potential preservation efforts. On July 10, 2023, the City Council received and filed 2023 Harbor Seal Rookery Report.3 On October 23, 20234, the City Council adopted Resolution No. 6271, charging the HSAC with further advancing the recommendations from the 2023 Harbor Seal Rookery report to mitigate habitat To focus their efforts in 2024, HSAC : a survey working group and a data collection working group. The survey working group was responsible for surveying the local volunteer group, Seal Watch5, to gauge their interest in increased City involvement in their volunteer operations. The data collection working group was formed to focus on harbor seal count data. This effort included digitizing and analyzing decades of existing data collected by Seal Watch.

At its final meeting on December 19, 2024, HSAC voted on the final documents attached to this staff report and
categorized based on . Although the desirability of some items (e.g. Park Ranger) were high, HSAC understood the feasibility would be low (e.g. due to lack of funding).

High desirability priorities
Beach closure extend length of closure by at least one month up to a year Park Ranger
Live streaming camera
Outreach program
Seek other collaborative partners
2 For example, the Marine Mammal Protection Act (MMPA) is a federal law designed to protect and conserve marine mammal species and population stocks. The National Oceanic and Atmospheric Administration (NOAA) Fisheries is responsible for the protection of whales, dolphins, porpoises, seals and sea lions. To protect all marine mammals, the MMPA prohibits the "taking" of any marine mammal species in U.S. waters. The term "take" means to hunt, harass, capture, or kill any marine mammal or attempting to do so. It also prohibits the import and export of marine mammals and their parts or products.
3 https://carpinteria.granicus.com/GeneratedAgendaViewer.php?view_id=2&clip_id=1279 4 https://carpinteria.granicus.com/GeneratedAgendaViewer.php?view_id=2&clip_id=1335 5 Carpinteria Seal Watch is a dedicated team of volunteers marking its 33rd year at the Carpinteria Harbor Seal Rookery. Volunteers monitor rookery activities to prevent or minimize disturbances caused by human or dog encroachments. They collect data that includes multiple daily counts of adult seals and pups, records of disturbances, observations of injured animals, and the number of visitors observing the seals. Most of this data has been recorded by hand and was not in a digital format ready for detailed analysis.

Ad Hoc Harbor Seal Advisory Committee Recommendations
February 3, 2025

High Feasibility Priorities
Sign program
Interpretative signs
Outreach program (if done by volunteers)
Seek other collaborative partners (if done by volunteers) Other objectives include: establishing a Marine Protected Area and develop a Harbor Seal Rookery website. included as
Attachment B.

Survey Working Group
The Survey Working Group created a survey, which was distributed to Seal Watch volunteers. 117 surveys were distributed to the volunteers and 45 were returned. The responses are summarized in Attachment C.

When asked about the City increasing its involvement in Seal Watch, the top three areas of agreement among surveyed volunteers were:

Educating the public on the colony's vulnerabilities and ways to help mitigate them.

Publicizing the need for more Seal Watch volunteers.

Providing additional protective signage on the beach.

May 31) beach closure

-4 months)
Data Collection
The Data Collection Working Group created a
document (Attachment D) and HSAC voted (5-2) to move forward with the request for a three-year beach closure to City Council. Based on data in Attachment D, HSAC believes that keeping dogs and people out of the seal sanctuary for an extended period of time is likely to reduce disturbances and negative impacts to the harbor seal population.

DISCUSSION
Beach Closure
A number of committee members particularly those from the Data Collection Working Group - strongly believe a beach closure will be the most effective long-term measure to prevent the harassment of harbor seals. To that end, staff conducted research into the Ad Hoc Harbor Seal Advisory Committee Recommendations
February 3, 2025

measures taken by the City of San Diego in closing Point La Jolla Beach to protect the sea lion population.
informative. In response to well-known conflicts between the public and sea lions, in April 2022, the California Coastal Commission approved a seasonal closure of Point La Jolla from May 1 October 31 for seven years. Examples of conflicts included people taking selfies, people getting too close, people attempting to pet and wake up the animals, and dogs on the beach. Permit conditions of approval were extensive:

Signage
Barriers
o Two plastic K-rail barriers and a metal chain with a sign to close the wooden beach access stairs.

Rangers on-site daily to educate visitors and enforce rules:
o 11AM to 7PM daily from the Saturday before Memorial Day through Labor Day o 10AM to 6PM daily the rest of the year
Create Monitoring Plan: (Minimum 16 days/month, data recorded 3x/day) o Assess sea lion use of the haul-out site
o Assess effectiveness of the seasonal closure in preventing harassment. o Submit annual monitoring reports to the CCC (reports must detail number of sea lions, number of people in the vicinity, instances of harassment / citations / warnings, and environmental conditions)
o Reports reviewed to determine if closure adjustments are needed via a permit amendment.

Long-Term Management Plan to address harassment outside the pupping season while maximizing public access.

In September 2023, the City of San Diego applied to extend the seasonal closure to a year-round closure, lasting seven years, due to continued documented cases of harassment outside of their seasonal closure. The stipulations from the CCC for the approval included:

Additional signage and comprehensive sign program
Expanded access to the beach at another nearby location Park Ranger staffing 8 hours/day, 7 days/week
Year-round prohibition of dogs
Prohibition of fireworks during the pupping season
Re-apply to extend the closure in 2029
A sample Monitoring Report submitted by City of San Diego to the CCC is included as Attachment E. Additional narrative discussing the San Diego example is included as Attachment F.

Ad Hoc Harbor Seal Advisory Committee Recommendations
February 3, 2025

If the City Council would like to pursue a year-round or multi-year beach closure, the City must initiate the standard Coastal Development Permit process with the CCC. While City of San Diego staff stated that their CDP application fees were waived6, they also specified that San Diego incurred considerable costs for staff and consultant time needed to gather the supporting documentation associated with submission of the CDP, as well as responding to CCC comments and questions. In order to sustain the closure, however, additional costs must be factored into the effort and will need to be appropriately budgeted if a closure is to be successful.

If the San Diego example is indicative of the requirements, then a realistic budget to meet those requirements must be met. This will include the cost of physical barriers and signage, as well as at least two full-time employee(s), who would be responsible for watching the Rookery, collecting data, and creating appropriate reports. Additionally, the work of Parks or Planning staff might also need to be re-prioritized to create a Monitoring Plan or Long-Term Management Plan that is satisfactory to CCC staff, which staff anticipates will require a continual back-and-forth dialog.

Other HSAC priorities that have not been fulfilled appear to be preconditions to obtaining a CDP (e.g., sign program, outreach program). If the City is not prepared to both obtain and maintain a CDP at this time, step-wise preparatory work can be undertaken in the near term in order to revisit the beach closure request at a later time. In the meantime, this would move a beach closure goal forward while strengthening protective measures for the seals.

Staff believes that pursuing a revised unified sign program that includes incorporation of interpretive signs, is not only a desirable, but feasible goal for FY 25-26.

POLICY CONSISTENCY
The proposed recommendations are consistent with Carpinteria General Plan Objective OSC-5. Protect the Harbor Seal Hauling Ground from human disturbance.

FINANCIAL CONSIDERATIONS
No financial implications at this time.

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
No legal issues have been identified.

OPTIONS

1. Receive and file the Ad Hoc Harbor Seal Advisory Committee report, and take no action.
6 Application fees can range from $4,000 to $150,000
Ad Hoc Harbor Seal Advisory Committee Recommendations
February 3, 2025

2. Receive and file the Ad Hoc Harbor Seal Advisory Committee report, and direct staff to pursue a CDP with the California Coastal Commission, specifying the desired length of beach closure.

3. Receive and file the Ad Hoc Harbor Seal Advisory Committee report, and provide direction to staff as appropriate.

PRINCIPAL PARTIES EXPECTED AT MEETING
HSAC and Seal Watch members

ATTACHMENTS
Attachment A 2023 Harbor Seal Rookery Report Presentation Attachment B HSAC 2024 Final Priorities
Attachment C HSAC 2024 Seal Watch Volunteer Survey Report Attachment D HSAC 2024 Data Working Group Final Report
Attachment E City of San Diego Annual Monitoring Report Attachment F City of San Diego Case Study
Staff contact:

Jeanette Gant, Parks, Recreation &
Community Services Director
(805) 755-4449, [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

HARBOR SEAL ADVISORY COMMITTEE & CARPINTERIA OPEN SPACE MANAGEMENT ADVISORY BOARD RECOMMENDATIONS CARPINTERIA CITY COUNCIL MEETING SEPTEMBER 25, 2023 BACKGROUND August 2021 Council directed staff to form the Harbor Seal Advisory Committee Purpose Statement: The Harbor Seal Advisory Committee is formed for the purpose of developing an understanding of the local harbor seal population, including causes of recent trends in births and haul-out numbers, and recommending to the City Council specific actions that it finds should be taken to mitigate habitat degradation and incidents of harassment in the City.

BACKGROUND Harbor Seal Advisory Committee: 7 members, sunset June 2023 Recommendations provided are those that the majority (4 or more) of Committee members agreed upon Additional information from Staff research is also included.

BACKGROUND July 10, 2023 Council took the following action: Received and filed the Harbor Seal Rookery Report; Directed staff to forward the report to COSMAB for review; and Directed staff to bring forward options for reforming a harbor seal advisory committee.

COSMAB RECOMMENDATIONS 1. Harbor Seal Sign Program. Placement of directional, advisory and/or interpretative signs on Harbor Seals on public areas under the purview of COSMAB 2. Public Land Acquisition. Ensure that any land acquisition related to the Harbor Seal area to receive review and recommendation of the COSMAB 3. Marine Protected Area (MPA). Opportunity to make recommendations concerning potential establishment of a Marine Protected Area (MPA) 4. Committee Continuation. Support to continuing / re-forming a Harbor Seal Advisory Committee 5. Urgency. Recommendation to accomplish whatever feasible protective measures that can be implemented in the near future.

HARBOR SEAL POPULATION When comparing population counts from Point Magu harbor seal colony to Carpinteria harbor seal colony, data suggest that the factors leading to the decline in numbers are likely to be regional in nature as opposed to local and limited to only the Carpinteria population. This does not suggest that actions should not be taken to alleviate local pressures that the Carpinteria colony is facing, but these actions may not reverse the overall decline in numbers which appear to be caused by as yet unidentified regional factors.-Dr. Andrew Brooks

HARBOR SEAL ADVISORY COMMITTEE RECOMMENDATIONS Recommendations have been divided into Phase I, II, & III PHASE I Short Term- These items could be accomplished in the FY 2023-24 RECOMMENDATION: ADOPT UNIFIED SIGN PROGRAM Revise Annual Sign Program Adopt a Unified Sign Program for Coastal Trail Expand Interpretive Sign Program

WAYFINDING SIGN EXAMPLE ONLY

ADVISORY SIGN EXAMPLE ONLY

REGULATORY SIGN EXAMPLE ONLY

INTERPRETIVE SIGN EXAMPLE ONLY
RECOMMENDATION: CITY INVOLVEMENT IN SEAL WATCH 1. Volunteer Coordination City takes active role in recruiting and training volunteers 2. Support Seal Watch. Seal Watch becomes a program of the City of Carpinteria, all authority falls under selected City Department PHASE II Mid Term- Items in this category would be included in the 2024 Work Plan and would go beyond FY 2023-24 HUMAN RESOURCES AND PUBLIC OUTREACH Update Existing Outreach Program and Materials Develop Docent Program and Provide Support to Seal Watch Raise Funds for Docent Support Host a Harbor Seal Rookery Website Establish a Park Ranger Position Install a Wildlife Camera RECOMMENDATION: WILDLIFE CAMERA Wildlife camera for remote viewing of Harbor Seal Rookery Provides education and research benefits May help with fund raising PHASE III Long Term - Items in this category would require multi-year effort, and could be initiated in the 2024 Work Plan RECOMMENDATION: CONSIDER LEGISLATIVE ACTIONS 1. Update Carpinteria Municipal Code to reflect Marine Mammal Protection Act. 2. Extend length of beach closure by as little as one month and up to year round (include temporary basis for one year closure). 3. Seek Greater Resource Agency Regulatory Protection 4. Consider Forming a Marine Protected Area (MPA).

RECOMMENDATION: SEEK GREATER REGULATORY PROTECTION FOR THE OFFSHORE AND TIDAL AREA Consider pursuing a Marine Protected Area designation for the Carpinteria Shoreline A marine protected area (MPA) is a section of the ocean where a government has placed limits on human activity. Limitations would apply to certain types of recreation, scientific study, and industrial activities.

INSTITUTE A TRAINING PROGRAM Collaborative Effort with: 1. Volunteer Group (Harbor Seal Docents) 2. Seal Watch. 3. Carpinteria State Park Rangers

RECOMMENDATION: PUBLIC TRAIL ACQUISITION Pursue public ownership of the blufftop above the Harbor Seal Rookery. Allow for incorporation of site into public trail system. Provide for public safety and proper trail maintenance. Possible location for web based wildlife viewing camera.

EXPLORE ACQUISITION OF PUBLIC TRAIL
SEEK OTHER COLLABORATIVE PARTNERS 1. National Atmospheric and Oceanographic Administration (NOAA) 2. Optimize Harbor Seal Rookery information at Carpinteria State Beach Park interpretive center 3. Channel Islands Marine and Wildlife Institue 4. Carpinteria School District RECOMMENDATION: PURSUE POSSIBLE PARTNERSHIPS FOR RESEARCH Explore possibilities of studies in partnership with a UC, CSU, community colleges, and others to promote and fund Carpinteria rookery research.

COMMITTEE RE-FORMATION Scope of Work/Outcomes: Council could be very specific, with set timeframes, or more general Members: By appointment or via an application process Size & Type of Committee: Size can be as small as 2 members; members could be technical experts, stakeholders, members of the public, or a mix COMMITTEE RE-FORMATION: STAFF RECOMMENDATION Ad Hoc Council Committee (Small or Medium Size): 1 or 2 Councilmembers and up to three additional members Maximum 5 Committee would be subject to the regular Brown Act public meeting rules if select 5 member option. Ad Hoc Advisory Committee: Technical/stakeholder advisory committee Council would either appoint of recruit members, up to five members

RESULTS OF A SUCCESSFUL PROGRAM LONG TERM VIABILITY OF OUR MARINE ENVIRONMENT

Updated December 2024 Sign Program (for beach closure) Design and replacement of multiple signs for annual beach closure. Year round signs need to be designed. City Council approved NOAA signs & seasonal beach closure signs. Completed August 2024 City Involvement in Seal Watch Engage Seal Watch volunteers to see if they want City involvement. Survey completed Survey working group was formed Survey Working Group Completed October 2024 Collection of Harbor Seal Count Data Digitized document compilation of Seal Watch Data Data presented Data Collection working group was formed Data Working Group Completed October 2024 Outreach Program Webpage design Website designed and online Completed Summer 2024 Priority Title Details What is needed? Next Steps Feasibility Desirability Sign Program Design year-round signs. Year round signs to be designed. Council will need to review and approve. $14k was allocated for all HSAC signs. Signs need to be designed, approved by Council, fabricated and installed. High Low Interpretative Sign Create and design multiple interpretative signs. Signs need to be designed. $14k allocated for all HSAC signs. Signs need to be designed, approved by Council, fabricated and installed. High Low Beach Closure Close beach for three years. Multi agency collaboration needed. Data collection working group presented data and recommended three year beach closure. Low High Park Ranger The cost of a Park Ranger would be estimated around a Code Compliance Officer II and total cost would be approximatley $120k Funding needed Low High Live Streaming Camera Approximately $27,000 for solar power system camera and installation, live streaming monthly service $3k/year Funding needed Low High Outreach Program Design of new brochure and printed materials Funding needed High* High Volunteer Program Part-time coordinator $15k at 10hrs/wk or $30k at 20 hrs/wk Funding needed Medium Low Update Muni Code Update Carpinteria Municipal code to reflect the MMPA Deferred to focus on other priorities Low Low Seek other Collaborative Partners Seek greater resource agency regulatory protection Deferred to focus on other priorities High* High Marine Protected Area Form a Marine Protected Area (MPA) Deferred to focus on other priorities Low Low *if done by volunteers HSAC Priorities List DEFERRED COMPLETED The Harbor Seal Advisory Committee is formed for the purpose of developing an understanding of the local harbor seal population, including causes of recent trends in births and haul-out numbers, and recommending to the City Council specific actions that it finds should be taken to mitigate habitat degradation and incidents of harassment in the City. Effectively, the Committee would be tasked with answering the questions; (1) What is happening with the Carpinteria harbor seal population; (2) Why is it happening; and (3) What recommended actions can be taken to address any identified issues? The Harbor Seal Advisory Committee shall be dissolved upon completion of its work, but no later than December 30, 2024 unless extended by the City Council.

SUMMARY: This document is intended to serve as a proposal to the city council of Carpinteria and subsequently to the California Coastal Commission (CCC) asking to temporarily stop access of humans and dogs to the 1500 feet of beach comprising the harbor seal rookery of Carpinteria.

The goal of this 3-year closure is to reduce the negative impact of disturbances on the health and survival of the at-risk small population of harbor seals. Data collected during these 3 years on the numbers and health of the harbor seals will be used to inform the City and the California Coastal Commission on whether to extend this protection.

A decline in the harbor seal population: For over 100 years there has been a harbor seal rookery in Carpinteria, one of the last remaining on the coast from San Luis Obispo to Mexico. (Exhibits1-3). It is one of only two rookeries in southern California where harbor seals can be viewed safely from an overlook in their natural habitat. This is an attraction for thousands of visitors annually from every state and country. The population of harbor seals in the Carpinteria rookery has been declining for years (e.g. Exhibit 11). In response, Carpinteria City Council formed an Ad Hoc Harbor Seal Advisory Committee (HSAC) to evaluate trends, to identify plausible causes of the decline, and to suggest steps to avert the loss of the rookery. By majority vote the Committee agreed that keeping dogs and people out of the seal sanctuary was likely to reduce disturbances and reduce their negative impact. It is the goal of this proposal to test this hypothesis by temporarily closing access to 1500 feet of beach, containing the rookery, for 3 years at which time we will review the effects on the harbor seal population. At present the rookery is closed December 1 to May 31st so this proposal is asking for an extension of a preexisting closure.

Factors affecting the harbor seal population: Potential causes of the decline in the harbor seal population are diverse, including reduced quality and quantity of food, reduced kelp beds, ocean warming, altered water chemistry and pollutants, and predators including dogs, coyotes, sharks, and direct disturbances by human activity. The finding of the committee is that humans and dogs cause the majority of disturbances in the Carpinteria harbor seal rookery. We further propose that the observed daily disturbances are above the threshold that constitute violations of the Marine Mammal Protection Act (MMPA), and are violations of Carpinteria city code.

Defining disturbances (from S. Codde et al, 2009): Disturbances included any events that cause the seals to lift their head (head alert), flush (move towards the water), or flush into water, while potential disturbances were defined as any anthropogenic event within a defined haul out zone that had the potential to flush seals (Exhibits 5,6). We note that the Seal Watch website (https://carpinteriasealwatch.org/about/) uses different definitions of disturbances, that we believe greatly underestimate the number of seals affected.

The toll of disturbances. We quote from an independent source with which we agree. impact of disturbances on harbor seals have not been well studied though a number of possible effects have been identified by other researchers. These include 1) change in behavior at site by altering haul out times 2) abandonment of preferred haul out areas 3) mother-pup separation during bond formation, 4) interruption of nursing, 5) increased stress during the molt, 6) potential stress during other seasons (e.g. mating), and 7) interruption of rest resulting in lower fitness and health (Calambokidis et al 1991) . Note most of these effects are not immediately evident and take time to manifest. Other researchers also note the long period of time between insult to individuals
notes that
pups are very vulnerable to mortality. Of those which die, 70 % do so from nutritional causes. - and lategestational maternal nutritional, post-partum mismothering, or maternal separation possibly As all of our efforts to educate the public on how to co-exist with harbor seals have failed, we request closure of the 1500 feet for a period of 3 years to reduce pressure on the harbor seal population. This closure is the one action that is based on clear and compelling evidence that this would reduce disturbances and promote stabilization of the population. Supportively, as noted by S. Allen et al (publication of the National Park Service) when access of humans and dogs to a harbor seal rookery is restricted, seal numbers rebound. Thus, Carpinteria has a popular and rare harbor seal rookery. This rookery has a declining population with an identified source of disturbances, which we believe can be largely mitigated by reducing access to the beach.

Importantly, the public has access to an alternative path to the overlook that avoids use of the rookery beach. However, the rookery does not have protections afforded state parks (e.g. Point Magu), nor does it have any ability to access federal enforcement officers despite many documented phone calls. The fact is that agencies do not have the manpower to send personnel to reduce seal disturbances.

Further justification for closing access to the harbor seal sanctuary: The Carpinteria overlook is extremely busy with a high volume of tourists who come from around the world to view this rare harbor seal rookery. Despite this popularity, no one oversees the rookery or overlook. The rookery has no budget and no year-round monitoring. One positive asset is that that the volunteer organization Seal Watch does provide monitoring and educational services from January 1 to May 31.

Nevertheless, there are no physical barriers to block people and dogs from finding the rookery and walking through it. There is a large source of people and dogs who cause many of the disturbances the adjacent Carpinteria State Beach and Campground for RV and tent camping.

As described below, evidence points to the likely benefits of banning people and dogs from the rookery year-round. Year-round protection is justifiable given that harbor seals are nonmigratory and live at this location all year. They also exhibit site fidelity for their beach, reducing the likelihood of their voluntarily leaving to find a safer home. Thus, harbor seals need to be protected where you find them as they are not inclined to move to find a safer beach to outhaul.

Harbor seals are very different from sea lions: In considering this proposal to protect the harbor seal sanctuary it may be tempting to apply lessons learned from the closure of the LaJolla seal lion sanctuary. It is important to keep in mind that harbor seals are anatomically and evolutionarily distinct from sea lions and have different behaviors and physiological needs.

Harbor seals, not sea lions, must spend 50% of their time on land. This rest is critical for restoring oxygen, re-establishing body temperature, digesting food, mating, molting, for deep sleep and gestation. The pregnant mothers in particular need protection. While on the beach harbor seals are exposed to disturbances from dogs and humans, curtailing their physiological recovery, and reducing the ability of females to prepare for the rigors of pregnancy and births and weaning and raising their pups.

Harbor seals are at a disadvantage when trying to escape canine antagonists when compared with sea lions. Specifically, sea lions have longer front flippers and can run on land, whereas harbor seals are reduced to inch-worming their way to the water which is energetically costly. We offer as speculation that slow moving harbor seals are more likely to be harmed by dogs and people than faster moving sea lions. We argue that the harbor seals need greater protection given that they have no defenses on land, and that closure of the rookery beach is the most effective means of protecting them.

Factors affecting responses to disturbances: geography: The location of the Carpinteria rookery is ideal from the viewpoint of the seals it has rocks that form a semi-circle protecting a swimming area ideal for new pups and escaping aquatic predators. (Exhibit 1 showing crescent rocks).

However, other features of the location are not ideal. The rookery is a thin stretch of sandy beach that extends only 1,500 feet along the coast. The north/south limits of the rookery have the ocean on one side, and high bluffs on the opposite side. The width of the haul out area varies depending on the tides from under 10 feet to 100 feet.

All studies of the distance between disturbance source, from land or from the water, and the hauled-out harbor seals have found that the closer the disturbance, the more likely seals are to flush into the water. Most flushing to the water occurs by the seal being 300 feet from the perceived threat, though in other cases the harbor seals may respond to threats that are over 1000 feet away (Henry & Hammill 2001, Wilson et al. 2011). So, beach walkers may have already flushed the colony before the people have even seen a seal. The tendency of harbor seals to flush well before they can be observed by people can therefore lead to an underestimate in flushing events.

Factors affecting responses to disturbances: biology: Harbor seals are well known for being skittish, and they exhibit very different behaviors when compared with sea lions. Responses of harbor seals to disturbances range from modest changes in alertness, to focused attention by sentry seals, to lining up on the beach with their heads oriented towards the water (termed flight readiness), to an all-out stampede (flush,) (Exhibit 6) into the water. We include links to 4 movies of flushing with the cause of the flushing being caught in the act (Exhibit 6A-D). Since the space between the bluffs and the ocean can be as little as 10 feet and since harbor seals begin responding to beach walkers and dogs while still hundreds of feet away, this may result in increased baseline stress and flushing in response to even minor disturbances.

Disturbances and access to the Carpinteria rookery: On leash and off-leash dogs are a major cause of the most serious disturbances, despite a large sign at the top of the wooden stairs leading from the top of the bluffs to the jelly bowl beach . This sign conveys that dogs are not permitted on the beach (Exhibit 2B)-a sign that is widely ignored. It is hard to quantify the impact of dogs on the harbor seal population because at any one time there can be 5-10 dogs in or near the rookery. Finally, off leash dogs cause the most extreme flushing and result in the slowest rate of recovery. We have recorded that it can take up to 3 days for any harbor seals to return after being flushed by dogs (Exhibit 7 example of counting seals), and Exhibit 12) Besides dogs, the rookery is also subjected to threats that include hang gliders, e-bikes on the beach, kayakers, helicopters, drones, sharks, and fishermen (see Exhibit 10 of fishing line entanglement). Closing the beach would help reduce many of these disturbances since closure extends for a short distance offshore.

Is public education an effective substitute for beach closure? We first tried to reduce the incidence of disturbances by educating the public on the negative impact of disturbances. Our goal was to change the path that people were taking to reach the rookery, and to change their behavior independent of where they were walking. With regard to where they walked, we diverted people to the trail at the top of the bluffs, out of sight of the seals. With regard to behavior we stopped beach walkers as they came from the east and west side of the rookery.

Most of these people originated in the state campground. We taught the beach walkers to walk along the base of the bluffs, thereby maximizing separation of seals and people. We further taught people to walk slowly and parallel to or away from the seals, remaining quiet, with no rapid movements. While this reduced flushing in a few instances, the seals usually flushed, suggesting that changing human behavior was ineffective in altering the outcome.

Is signage an effective substitute for beach closure? Permanent signage on the beach is located at the east and west ends of the rookery. It says that beach walkers should stop and turn back. It also says that this is by order of city statutes and the Marine Mammal Protection Act (MMPA). This signage is partially effective and leads to compliance by 70-90% of beach walkers. Non-compliant people, and dogs, routinely walk past the signs and lead to disturbances.

The most effective approach is to have trained volunteers, including from Seal Watch, stationed at the permanent signs. This helps stop people who otherwise might not see or comply with the permanent signs. Some people, along with dogs, are still inclined to violate the MMPA and this can lead to an undesirable change in the role of the volunteer. The overlook has one sign (Exhibit) and is open to visitors year-round, while the beach below the bluffs are closed December 1 to May 31. This closure has saved countless pups from harm.

A unique challenge to protecting the harbor seal rookery is the presence of a large State Park campground that is a short walk on the beach west of the rookery. On any day there are hundreds of tents and campers in RVs parked next to the beach. The beach is the focal point for most visitors. Thus every day there is a stream of new uninformed campers, who hear there is a seal rookery just a brief walk down the beach. We routinely provide the entrance kiosk with fliers about the need to use the path above the bluffs to access the lookout, but this has only limited success in reducing disturbances due to the transient nature of staff at the kiosk.

Opening access to the beach correlates with a decline in the counts of harbor seals: The impact of opening access to the rookery cannot be overstated. Harbor seals require that 50% of their time be spent on the beach. It is impossible to attain this degree of rest when there are people and dogs crawling over the rookery rocks and the beach (Exhibit 6). If these disturbances impact the seals there should be evidence over the course of monitoring the harbor seals for months. To test this further we went to the overlook on the bluff that borders the rookery and counted the number of harbor seals at about 7:00 a.m. A six-month span of counts were taken in 2020, 2022, and 2024, in the months of March, April, and May when access to the rookery is closed and in June, July, and August when the beach is open to the public. The data is collected and analyzed using the approach of the successful bid of the LaJolla beach closure group. The data (EXHIBITS 9A,9B) show that for all three years the opening of the rookery roughly correlates with lower counts of harbor seals. EXHIBIT 9B provides a statistical insight into year 2020 data. This correlation is consistent with the hypothesis that increased dog and beach walker traffic in the rookery results in an increase in disturbances and a reduction in harbor seal numbers. The most informative analysis of seal numbers would be to close the beach and determine whether this results in an increase in seal numbers, as has been demonstrated elsewhere (Allen et al 2020).

These data are important in gaining an understanding of the population dynamics of harbor seals.

Previously, the prevailing thinking was that harbor seals migrated during the summer and autumn months. Our data prove that harbor seals live year-round in their sanctuary and thus compliance with the MMPA, and mitigating disturbances, is required in every month.

City Council has agreed that statutes will be revised and updated to match the MMPA.

Volunteers and Disturbances: The major volunteer organization is Seal Watch, which provides docent support by speaking with the public at the overlook. Seal Watch operates January 1 toMay 31 during which time the rookery is closed by city statute. (Exhibit 4). Outside of these times the rookery has no formal protection, even though many pups are maturing and vulnerable.

Low Tide Patrol is a related group of volunteers that operates on weekends and holidays, especially when the beach is open. Volunteers stand next to the permanent signs. They tell anyone who is approaching the rookery that the beach is closed January 1 to-May 31 and how to use the bluff trail to avoid the rookery. When the beach is open according to city statute (June 1st November 30) the volunteers try to persuade beachgoers to use the trail. People who ignore attempts of volunteers to keep them from walking to the rookery are often filmed and, depending on the dates, they are told they are violating city statutes. As noted below, true law enforcement would be helpful along with closing the beach year-round as our volunteers lack the legal standing to enforce city statutes.

Marine Mammal Protection Act: During the months when the beach is open to the public, we also invoke the Marine Mammal Protection Act to try to dissuade people from walking near the rookery. We say that even though the city statutes are not in force for 6 months, people are still not allowed to disturb the harbor seals and fines could be imposed. However, without any history of anyone being cited, the public ignores the Marine Mammal Protection Act as a toothless decree. To this day there remain a small but hard core group of people with dogs who refuse year after year to be diverted from walking through the rookery, causing frantic flushing EXHIBIT 12). We have videos of these people but to date there has been no interest from enforcement in identifying or reprimanding them.

Monitored cameras: The most effective way to improve our understanding of the effect of disturbances on the seals is with video cameras operating continuously to identify the magnitude and causes of disturbances. This would be a tool to gather scientific data, not to be used for enforcement. This initiative must include a plan for how the recorded video is monitored and data documented.

Enforcement: An enforcement officer is needed to enforce existing city statutes (Exhibit 4) and the MMPA. The focus would be on dogs and people who ignore signage. Education would be the main approach to compliance. All of the people involved in speaking with the public on the beach acknowledge that there is some personal risk involved given that a cordial exchange between the volunteer and a member of the public can quickly become a matter for proper ranger/enforcement staff. Volunteers finding themselves in any uncomfortable situation are asked to . However, police response times are never fast enough to prevent the person from leaving the scene. Thus, involving law enforcement has simply not worked to reduce disturbances. City Council has acknowledged a request for consideration of hiring a ranger.

Petition: We wanted to get a sense of whether the public was supportive of closing the 1,500 ft long rookery year-round so we created a petition asking that question. We have had near universal support with over 500 signatures (available on request).

EXHIBIT 1A Rookery viewed from Overlook on the bluff, showing crescent rocks and Chevron pier
EXHIBIT 1B Map of the rookery and surrounding areas

Allen, S et al. Conserving pinnipeds in Pacific Ocean parks in response to climate change (U.S.

National Park Service) 5/27/24, 3:51 PM
Calambokidis JGH et al (1991). Censuses and disturbance of harbor seals at Woodard Bay and recommendations for protection. Final report to the Washington Department of Natural Resources, Olympia
Cudde,S et al. Pacific Harbor Seal (Phoca vitulina richardsi) Monitoring at Point Reyes National Seashore and Golden Gate National Recreation Area . 2009 Annual report Natural Resource Technical Report NPS/SFAN/NRTR 2010/345
Henry E and Hammill MO. 2001. Impact of small boats on the haulout activity of harbour seals (Phoca vitulina) in M tis Bay, St Lawrence Estuary, Qu bec, Canada. Aquatic Mammals 27(2):
140 148.

Suryan RM and Harvey JT. 1999. Variability in reactions of Pacific harbour seals, Phoca vitulina richardsi, to disturbance. Fish. Bull. 97: 332 339. a preliminary study 2008 11. Report to the Loughs Agency (N.Ireland), December 2011.

Wilson SC. 1978. Social organisation and behaviour of harbour seals, Phoca vitulina concolor, in Maine. Appendix 1. Final report to Marine Mammal Commission. PB-280 188, April 1978.

Phase(s) of the Analysis-Action-Analysis Cycle

Suryan RM and Harvey JT. 1999. Variability in reactions of Pacific harbour seals, Phoca vitulina richardsi, to disturbance. Fish. Bull. 97: 332 339:.

-out
sites in the northern San Juan Islands. Our objective
was to determine 1) if human-related activities were
the primary source of disturbance; 2) if recovery [return] varied between flood and ebb tides and was similar among the three haul-out sites (one location was a pupping area); 3) if vigilance characteristics differed among haul-out sites; 4) if the response to harassment was similar for pups and for adults and sub- adults; and 5) if the mean distance between harbor seals and a boat causing a disturbance varied within and among haulOvererall, only 39% of all harassments resulted in full recovery, indicating seals often remained in the water or moved to a different site. Allen et al. (1984) reported that the number of harbor seals that re-turned to a haul-out site after a disturbance in Bolinas Lagoon, California, was always less than the original number, and in most cases, harbor seals did not move to a nearby reef.

Allen, S et al. Conserving pinnipeds in Pacific Ocean parks in response to climate change (U.S.

National Park Service) 5/27/24, 3:51 PM . THIS PAPER MAKES THE LINK THATAS

HUMAN DISTURBANCES INCREASE, NUMBERS OF HARBOR SEALS GO DOWN Gen Comp Endocrinol,. 2023 May 1:335:114227.

Immune status and function in harbor seal pups during the course of rehabilitation., Frouin H, Haulena M, 98-109. doi: 10.1016/j.vetimm.2013.06.011. Epub 2013 Jun 20.PMID: 23866720 Hematology and serum chemistry in stranded and wild-caught harbor seals in central California:
reference intervals, predictors of survival, and parameters affecting blood variables J Wildl Dis 2010 Oct;46(4):1172-84.

Seasonal variation in harbour seal (Phoca vitulina) blubber cortisol - A novel indicator of physiological state? Sci Rep. 2016 Feb 24:6:21889. doi:

10.1038/srep21889.

Sapolsky R. M., Romero L. M. & Munck A. U. How Do Glucocorticoids Influence Stress Responses? Integrating Permissive, Suppressive, Stimulatory, and Preparative Actions. Endocrine Reviews 21, 55 89 (2000). - PubMed
of disturbance events, after less than half of which the same number of hauled-out seals as there were prior to the disturbance were observed. Recovery time varied among the years studied, of which 2017 saw the longest recovery time. In addition, pedestrians were the disturbance source with the longest recovery time. Given that resting on land is essential for pup survival, which depends on both the establishment of the mother-pup bond from birth and its maintenance throughout nursing, flushing behavior may have significant implications for the entire colony during the nursing season. We recorded a decrease in nursing duration, which did not return to the same level even after recovery and the resumption of nursing.

Terrestrial vehicles were found to be the disturbance source that shortened nursing events most Impact of small boats on the haulout activity of harbour seals (Phoca vitulina) in Métis Bay, Saint Lawrence Estuary, Québec, Canada2001 Aquatic Mammals 27.2, 140-148 Causes of Mortality in a Harbor Seal (Phoca vitulina) Population at Equilibrium,

Karpovich, S.A.et al. (2015).Combined physiological and behavioral observations to assess the influence of vessel encounters on harbor seals in glacial fjords of southeast Alaska.Jpournalof Experimental Marine Biology and Ecology 473: 110-120.
consequences while the seals are hauled out and these consequences persist for some time after the water entry behavior. Accordingly, exposure of harbor seals to increased vessel traffic may result in altered behavior, increased energetic expenditures, and increased exposure to stress, negatively affecting the health, condition, and reproductive success of Censuses and disturbance of harbor seals at Woodard Bay and recommendations for protection - https://cascadiaresearch.org
One of the key findings in this project for the DNR is this:
occurring at the site and September to October when animals are molting. Activities that

STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY GAVIN NEWSOM, GOVERNOR

CALIFORNIA COASTAL COMMISSION

SAN DIEGO DISTRICT OFFICE
7575 METROPOLITAN DRIVE, SUITE 103
SAN DIEGO, CA 92108-4402
VOICE (619) 767-2370
FAX (619) 767-2384
Th16a
6-22-0113-A1 (City of San Diego Point La Jolla Closure) September 7, 2023

EXHIBITS
Table of Contents
EXHIBIT 1: Location Map
EXHIBIT 2: Jurisdiction Map
EXHIBIT 3: Closure Area
EXHIBIT 4: Gate Plan
EXHIBIT 5: Sierra Club Request for Additional Signage
EXHIBIT 6: Point La Jolla Photographs
EXHIBIT 7: 2022 Seasonal Closure Monitoring Report

1 Date: March 1, 2023
To: Executive Director, California Coastal Commission
From: Richard Belesky, Senior Park Ranger, Shoreline Parks, Parks and Recreation Department, City of San Diego
Subject: Pt. La Jolla Seasonal Closure Monitoring Report 2022 Monitoring Report
For the Pt. La Jolla Seasonal Closure
May 1, 2022, through October 31, 2022
Coastal Development Permit Application No. 6-22-0113
On April 8, 2022, the California Coastal Commission approved Coastal Development Permit Application No. 6-22-0113 requested by the City of San Diego for development consisting of the closure of Pt La Jolla to all public access during California Sea Lion pupping season, May 1 to October 31 of each year. The permit was accepted by the City on May 9, 2022. Special Condition 3B of the granted permit requires the City of San Diego to submit a written report annually by March 1 summarizing the results of the data collected during the monitoring period, the condition and performance of the closure and signs, make recommendations for modifications, and photographs. The following is submitted in fulfillment of that requirement.

Requirement #1: All records of measurements, analyses, and conclusions created in conformance with the approved Monitoring Plan:

The data compiled during the closure monitoring period is entered on the Pt La Jolla Data Collection 2022-5-1 to 2022-10-31 Seasonal Closure (enclosure 1) Excel spreadsheet. Observations are made hourly and entered directly into the spreadsheet by the on-duty Park Ranger. The observations were made during the day between the hours of 10:00 am and 6:00 pm, 11:00 am and 7:00 pm between Memorial Day and Labor Day. An observation consists of a count of all sea lions hauled out (out of the 2 water) within the entire closure area; (divided into the Pt. La Jolla bluff and Boomer Beach, the beach area to the south of the bluff); the number of visitors viewing the area on the walkway; the number of people accessing the water via the ocean access corridor; the number of people (if any) on the bluff in violation of the closure; as well as weather conditions and state of the tide.

Summary of Data Collected
Sea Lion Population Summary
At Pt. La Jolla, California Sea Lion bull males arrive in May to establish breeding territories on the bluff. Bull males maintain a 35 to 40-foot separation between other breeding males and have been observed to attract up to 15 females to their territories. Breeding age female sea lions, which have been pregnant for the past year, give birth mainly in June, although the first surviving pup observed this season was born May 24th. Females come into estrus 20 to 30 days after giving birth, which makes mid to late July the period when female sea lions become pregnant again. After breeding is completed for the season male sea lions migrate north. Adult females, new pups, and juvenile sea lions remain in the area year-round.

Table 1
Table 1 displays the average number of sea lions counted by Rangers within the entire closure area each month of the closure period. There were 100 or more sea lions observed 23 times, with 137 on May 18th the largest number counted. Given that females, pups, and juveniles remain in the area year-round, the drop-off in the number observed in October cannot be explained yet. A year or two more of data collection may reveal a reason or pattern not yet understood. 42 56
59 45
35 3
0 10
20 30
40 50
60 70
Average Number of Sea Lions per Observation
per Month May 1 to October 31, 2022
May June July August September October
3 Table 2
Table 2 displays the average number of sea lions per observation on Boomer Beach each month of the closure period. June, July, and August have shown to be the primary time sea lions haul out onto the beach. The most likely reason can be seen in figures 1 and 2. Figure 1 was taken April 29th and shows no sand on the otherwise rock covered beach. High energy, locally generated, shorter period swells in the fall and winter erode all sand off the beach and deposit it just offshore. Lower energy, longer period summer swells pick up the sand offshore and deposit back on the beach eventually covering the rocks, leaving a beach much more comfortable for sea lion mothers and pups to haul out on to, as seen in figure 2, taken May 27th.

Figure 1. Boomer Beach April 29, 2022. No sand on the beach 4 19
29 17
1 0.1
0 5
10 15
20 25
30 35
Average Number of Sea Lions per Observation on
Boomer Beach per Month May 1 to October 31, 2022
May June July August September October
4 Figure 2. Boomer Beach May 27, 2022. Sand on the beach Sea Lion Pup Statistics
According to Sea World Rescue and the Sierra Club Seal Society there were 35 sea lion pups born alive during the 2022 pupping season. It is very difficult to keep an accurate count of all the pups being born since births can occur at any time of the day or night so the number 35 should be considered an estimate.

The first healthy pup was born May 24, 2022 and is believed to be the only pup not born in June. One pup carcass was removed by Park Rangers from the closure area and one probably abandoned pup was rescued by SeaWorld.

Visitor Statistics Summary
E.B. Scripps Park, which Pt. La Jolla is adjacent to and a part of, and the famous La Jolla Cove, which is just yards away, attract hundreds of thousands of visitors a year. The Park’s perimeter walkway is the primary viewing area during the closure period for visitors to observe the sea lions on the bluff and beach below. Rangers counted the number of visitors on the walkway hourly during the eight-hour monitoring period. The average number of visitors per observation was 44, with 324 being the largest number counted during the closure period.

Ocean Access Corridor
Coastal Development Permit Application No. 6-22-0113 directed the creation of an ocean access corridor to allow people to legally enter and exit the ocean across Boomer Beach through the closure area. City of San Diego Municipal Code 63.0102 (f) delineates the boundaries of the corridor. Park Rangers observed 555 public uses of the corridor during the closure period. Many swimmers and divers mentioned to on-duty Rangers how appreciative they are that can enter and exit the water through the closure area and the existence of the corridor greatly reduced opposition to the creation of the seasonal closure.
5 Harassments and Other Incidents
The Harassment Documentation Form is included as sheet #8 in Pt La Jolla Data Collection 2022-5-1 to 2022-10-31 Seasonal Closure (enclosure 1) Excel spreadsheet.

The approved monitoring plan defines sea lion harassment as “each separate action by a human while on the Pt. La Jolla bluff or Boomer Beach, that causes at least one marine mammal to flush into the water in response to that action.” Park Rangers observed no sea lions being harassed as defined during the closure period. Rangers did report 322 instances of visitors trespassing into the closure area. No visitors received citations. All immediately abided by Ranger requests to exit the area. No sea lions were observed to have been harassed during these trespass incidents.

There were 9 incidents of vandalization recorded during the closure period. Signs were stolen, destroyed, or damaged requiring replacement. The plastic orange K-rail which marks the closed area south boundary was cut open in an apparent, unsuccessful, attempt to drain its water ballast and remove it. These incidents occurred at night. There were no witnesses and no suspects were identified.

Rangers and other visitors observed two or three different sub-adult male sea lions which individually climbed over the low wall bordering the walkway and lay down on the walkway or the grassy area next to the walkway on multiple occasions (figure 3). The animals were surrounded by orange cones to alert visitors on the walkway. There were no injuries to visitors or the sea lions during the animals’ excursions out of the bluff area.

Figure 3
Requirement #2: Recommendations for repair, maintenance, modifications, or other work to the development.

The City will continue to replace signs should they be vandalized. The City will order the same plastic orange K-rail to replace the damaged K-rail for the upcoming seasonal closure. This is the first seasonal

Case Study: Point La Jolla Beach Closure
The Ad hoc Harbor Seal Advisory Committee frequently referenced the beach closure at Point La Jolla in the City of San Diego, which was implemented to protect sea lions. Given the relevance of this example, City staff conducted research into the measures taken by the City of San Diego and engaged directly with their staff. The information gathered from this research is presented below as a case study to provide valuable insights and context for addressing similar considerations locally.

An increase in conflicts at Point La Jolla between people and sea lions was brought to the attention of the California Coastal Commission in spring and summer of 2021. Press reports, phone calls to Commission offices, video recordings, and numerous photos and observations by trained, volunteer docents documented repeated instances of harassment to sea lions. Reports included the death of one sea lion pup and several reports of injury to sea lions from visitor harassment, both accidental and malicious. On August 10, 2021 the City of San Diego issued an emergency CDP for the immediate and temporary closure of Point La Jolla to public access until September 15, 2021.

In Aprill 2022, the California Coastal Commission approved a seasonal closure of Point La Jolla from May 1 October 31 for seven years in response to conflicts between the public and sea lions1. Examples of conflicts include people taking selfies, people getting too close, people attempting to pet and wake up the animals and dogs on the beach. The conditions of the permit (specific rules or requirements attached to the permit which must be followed) approval included the below:

Permit Term: A seasonal 7-year permit.

Signage and Barriers:
o "Area Closed" signs installed on the concrete wall along the public pathway. o Two plastic K-rail barriers and a metal chain with a sign to close the wooden beach access stairs.

Rangers on-site daily to educate visitors and enforce rules:
o Labor Day through Memorial Day Saturday: 10 a.m. to 6 p.m. o Memorial Day Saturday through Labor Day: 11 a.m. to 7 p.m.

Monitoring Plan:
o Assess sea lion use of the haul-out site and the effectiveness of the seasonal closure in preventing harassment.
o Submit annual monitoring reports to the Commission by January 1. o Reports reviewed to determine if closure adjustments are needed via a permit amendment.

Long-Term Management Plan to address harassment outside the pupping season while maximizing public access.
1 https://www.coastal.ca.gov/meetings/agenda/#/2022/4
In September 2023, the City of San Diego applied to extend the seasonal closure to a year-round closure, lasting seven years2. The stipulations from the Coastal Commission for the approval of a seven-year closure included
Additional signage
The City of San Diego had to provide access to the beach at another nearby location
The staffing of Park Rangers
Year-round prohibition of dogs,
Prohibition of fireworks during the pupping season
The City of San Diego would need to re-apply to extend the closure in 2029 Prior to issuance of the Coastal Development Permit, the City of San Diego submitted a monitoring plan for the management and monitoring of the closure at Point La Jolla. The plan included a physical description delineating the precise location of the public access restrictions and associated signage, a discussion of the goals and objectives of the plan, including the method by which the City would assess the level of use by sea lions throughout the year, and the method of determining the effectiveness of the closure at minimizing harassment of hauled out sea lions. It was stipulated that upon implementation of the closure that the City of San Diego must abide by the following:

Monitoring Requirements:

Conducted at least 16 days per month, including:

At least two Saturdays and two Sundays each month.

Memorial Day, July 4th, and Labor Day.

Data recorded three times daily (10 AM, 1 PM, and 4 PM).

Data to Record:

Number of sea lions in the closure area, "ocean recreation accessway," and Boomer Beach.

Number of people on the bluffs and concrete walkway.

Number of people using the "ocean recreation accessway." Instances of harassment, citations, and warnings (with outcomes, if available).

Environmental conditions (tide, weather, water, and air temperature).

Date of monitoring.

Year-Round Staffing:

A City Park Ranger present 7 days a week.

Hours:
o 10 AM to 6 PM (Labor Day through Memorial Day Saturday). o 11 AM to 7 PM (Memorial Day Saturday through Labor Day). 2 https://www.coastal.ca.gov/meetings/agenda/#/2023/9
The City of San Diego must submit annually (JB Comment) a written monitoring report from a qualified biologist or other qualified experts, which must contain all the records of measurements, analyses and conclusions, recommendations for repair, maintenance, modifications or other work needed and photographs taken from pre-designate sites indicating the condition, performance and effectiveness of the closure and associated signage. The City of San Diego must also submit annually all raw monitoring data, provide an annual report to the Commission on the status of harassment reduction. Additionally, prior to the issuance of the Coastal Development Permit, the City of San Diego was required to submit to the Coastal Commission for review and written approval, a final comprehensive sign program. . An example of an annual monitoring plan the City of San Diego has submitted to the Coastal Commission is attached to the staff report (Attachment F).

The City of San Diego has faced similar challenges with managing human-wildlife are threatened or endangered, their growing populations have attracted more visitors. La es safe viewing from a distance difficult, and the public often ignores efforts to separate people and animals without restricting access. At -use policy failed to reduce conflicts, leading to a seasonal beach closure during the harbor seal pupping season (December 15 to May 15). Outside the closure period, a guideline rope with an opening for beach and ocean access provides a visual buffer to protect the seals year-round.

City of Carpinteria

SPECIAL CITY COUNCIL AGENDA STAFF REPORT
February 3, 2025

ITEM FOR COUNCIL CONSIDERATION
Receive an update on the Live Entertainment Licensing program and provide direction to staff

STAFF RECOMMENDATION
Receive and file
program.

Sample Motion:

Entertainment Licensing program.

BACKGROUND
1 The update
was prompted following a pronounced uptick in noise complaints resulting from Carpinteria businesses hosting live outdoor entertainment between Summer 2023 and into Winter 2024. In response to the increased complaints, CDD staff reinstated the Live Entertainment Licensing Program that had been allowed to lapse during the COVID-19 pandemic and imposed additional licensing conditions on newly re-issued Entertainment Licenses in an effort to address the noise complaints that resulted from live entertainment being held in outdoor locations. The additional staff-imposed conditions were successful in reducing live entertainment noise levels (and resultant complaints), but caused additional hardships for the businesses that hosted live entertainment, and ultimately prompted several of the affected businesses and their patrons to ask the Council to intervene and help resolve the matter.

Following extensive public comment and deliberation, the Council directed staff to make additional revisions to the Entertainment License regulations and to the Entertainment License conditions of approval. In particular, the Council directed staff to:
1 The City Council staff report for the March 25, 2024 Live Entertainment Licensing Program update is available here (item no. 16):
https://carpinteria.granicus.com/GeneratedAgendaViewer.php?view_id=2&clip_id=1412 Live Entertainment Licensing Program update
February 3, 2025

Amend Carpinteria Municipal Code (CMC) Chapter 5.40, Live Entertainment, to expand and outdoor
premises in order to allow for outdoor live entertainment on a permanent ongoing basis beyond the temporary allowances made under COVID-19 protocols; Remove distance-based noise or volume standards from the License conditions; that triggered suspension or revocation of an
Entertainment License whenever more than three documented warnings or standard administrative citation process for any documented violations; Impose a 9:00 p.m. curfew on all live entertainment for weekdays, and a 10:00 p.m. curfew for weekends and holidays; and
Revise daily and weekly caps on the duration of live entertainment to allow no more than six hours cumulatively of live entertainment on weekdays and no more than nine hours cumulatively on weekends and holidays.

Staff returned to the Council on May 28, 2024 with the requested ordinance amendment entertainment, as described above.

The Council approved the ordinance upon a first reading at that meeting and the ordinance returned for adoption upon second reading at the following meeting on June 10, 2024.

As part of the discussion at the May 28, 2024 meeting, staff indicated an intention to return to the Council at a later date in the fall or winter following several months of live entertainment having operated under the revised regulations and conditions to provide a status update to the Council.

Council meeting, staff disclosed the recent purchase of a decibel reader to aid staff in objectively measuring sound levels around live entertainment venues and better understanding any potential noise impacts from live entertainment locations, and committed to sharing those findings with the Council as part of the future update.

DISCUSSION
The following discussion sections provide
Entertainment Licensing Program, including a list of the currently licensed businesses, a summary of filed complaints and any related enforcement actions, and a discussion of .

Licensed Entertainment Venues
Since the March 25, 2024 Council meeting, several other Carpinteria businesses have successfully applied for and obtained Live Entertainment Licenses, bringing the total number of licensed venues up to seven locations, as follows:

Apiary Beverage Company, 4191 Carpinteria Avenue #10
BrewLAB, 4191 Carpinteria Avenue #8
Live Entertainment Licensing Program update
February 3, 2025

Corktree Cellars, 910 Linden Avenue
Island Brewing Company, 5049 Sixth Street
Rincon Brewery, 5065 Carpinteria Avenue
Sunburst Wine Bar, 5080 Carpinteria Avenue
One additional business, Oaxaca Fresh, inquired about the licensing process, but as of January 2025, had not yet completed all steps necessary to obtain a license. Based on discussions with project representatives, staff expects at least two additional businesses, The Linden Square (700 Linden Avenue) and the Palms Restaurant (701 Linden Avenue), to apply for Entertainment Licenses once they complete their respective renovations and prepare to open for business.

Live Entertainment Noise Complaints
The City has continued to receive and monitor noise complaints related to live entertainment since the March 2024 update.
portal, a total of 78 noise complaints related to licensed live entertainment have been filed with the City since April 2024. All of the filed complaints concerned live music hosted at Island Brewing, and concerned volume levels of live music. Of those complaints, 16 were filed anonymously, the remaining 62 filed complaints originated from two households (22 and 40 filed complaints, respectively), both of which are located in the Beach Neighborhood near Linden Avenue. City staff acknowledged receipt of the complaints, license conditions do not limit sound levels, no
enforcement actions were taken.

Avocado Festival weekend generated a slightly higher number of complaints than a typical weekend. The circumstances of this weekend were unique in that Island Brewing Company requested permission to hold a special promotional event, with expanded hours and a larger outdoor patio area, in conjunction with the annual Avocado Festival as they have done in previous years. Uniquely, Island Brewing reoriented the band area to face Linden Avenue rather than facing away from Linden Avenue (which is the standard orientation). The larger-sized event, extended event hours, and louder music directed towards Linden Avenue triggered additional complaints as being notably louder than usual. Going forward, staff intends to make clear that licensed live entertainment venues must still comply with other license conditions (e.g., directing live music away from residential areas) for special events in order to continue to mitigate noise impacts to sensitive receptors.

Live Entertainment Sound Monitoring
In July 2024, Code Compliance staff acquired a handheld digital sound meter to use in measuring sound levels resulting from licensed live entertainment locations. The purpose of gathering sound level readings was to support City staff and decision makers with objective data to better understand the extent to which amplified live music from licensed Live Entertainment Licensing Program update
February 3, 2025

live entertainment locations may be impacting other areas of the city, particularly nearby residential areas. Later in the summer, staff purchased a second handheld sound meter in order to provide one to law enforcement that they could use in documenting sound levels when responding to noise complaints.

To date, sound monitoring efforts have been around Island Brewing Company. Staff identified eight sampling locations surrounding Island Brewing Company to allow for consistent sampling purposes, and collected sound readings at these locations on four instances over the summer/fall 2024. Staff attempted to schedule the sound level monitoring times with a variety of different musical acts in an effort to understand how, or if, different types of musical acts affect sound levels at different distances. Monitoring locations, dates, and details on the musical acts are described below:

Sampling locations and Distance from Source:

S1. 500 Maple Avenue ource)
S2. ource)
S3.

S4.

S5. South end of Linden Field (~700
S6.

S7.

S8.

Monitoring Dates and Musical Act Details:

July 26, 4:30pm to 5:30pm: Ambient Sound (no music)
July 26, 6:30pm to 7:30pm: Acoustic / Folk (no drums)
August 17, 7:30pm to 8:30pm: Reggae / Rock
September 6, 6:30pm to 7:30pm: Rock
October 19, 7:00 pm to 8:00pm: Blues / Rock
Sound measurements were captured by City staff using the handheld sound reader(s) readings captured on July 26th to provide a baseline reading with no live music present, all other readings were taken when live music was being performed and audible. Both noise levels and average noise levels were logged for each reading, with the peak figure capturing the single loudest moment during the sampling period, and the average representing the overall averaged noise level captured during each reading.

Importantly, the noise meter cannot isolate its readings to a single source of noise; rather it captures and measures the overall sound environment during the reading period. attributable to sources of noise other than live music (e.g., automobile traffic, train, pedestrians, etc.) that are part of normal day-to-day activities in an urban area. A map of the monitoring locations and graphical results from the completed noise monitoring exercises are provided in Attachment A. The results are summarized in table format, below:

Live Entertainment Licensing Program update
February 3, 2025

Table 1. Noise Monitoring Results
* Samples only collected at sites S1 and S3
** No maximum sound level recorded
Overall, the readings show that sound levels associated with live outdoor entertainment at Island Brewing Company generally fall within acceptable ambient noise levels for surrounding land uses. Based on distance, sampling locations S1 and S6 are located in closest proximity to the live music hosted on the Island Brewing patio and should see the most significant effects of live music on ambient noise levels. This is borne out in the collected results: on July 26th, the ambient readings with no music for both sampling locations measured approximately 50 decibels (dBA). With live music present, the recorded noise levels at these two locations increased by 5 to 20 dBA, depending upon the musical act. At these recorded volumes (55 dBA to 70 dBA), sound levels fall within parks
(Figure 2, below).

As the physical separation from Island Brewing increases, the impact of the live music on ambient noise levels is lessened. For example, sampling locations S3, S4 and S7 are located within residential neighborhoods where ambient noise levels without live music fall within the 45- 50 dBA range, according to readings collected on July 26th. Over the course of the other readings, the introduction of live music at Island Brewing Company did not appreciably alter collected noise readings at these locations, with the exception of the readings collected on October 19th (for site S3 only), which were approximately five to 10 dBA higher than ambient (no music) readings. Importantly, as for sites S1 and S6 discussed above, even the collected noise readings for site S3 on October 19th (~48- 60 according
to Figure 2, below.

Live Entertainment Licensing Program update
February 3, 2025

Based on the foregoing, it appears the live music acts Island Brewing Company hosts generally do not result in noise levels that would constitute unacceptable conditions or pose a health, safety or nuisance threat. This does not mean that the music is not audible; indeed, staff relied upon being able to hear the music from each of the sampling locations to gather the noise measurements. Rather, it means that while the music may be audible to varying degrees, it does not, in most circumstances, contribute to an overall increase as discussed in the General Plan/Coastal Land Use Plan.

Acknowledging that certain types of music or certain bands are louder than others, and that, on some occasions, the measured sound levels reached or were nearing the upper whether
it would be appropriate to place a volume-based threshold on outdoor live entertainment.

If directed to do so, staff could research the matter further and return to the Council with additional information and options for how to implement such a standard. The Council could also reconsider the conditions related to Live Entertainment.

POLICY CONSISTENCY
The following General Plan/Coastal Land Use Plan objectives and policies are relevant to the discussion at hand:

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

Policy LU-3g: Provide for a range of business activities that bring vitality, revenue, and employment to Carpinteria and are compatible with its small town character.

Objective CDS2-3:
of commercial activity by encouraging a range of uses that serve both residents and visitors.

Policy CDS2-a: Ensure that new intensified land uses within the Downtown remain Policy CDS2A-b: Ensure that intensified land uses within the subarea support a lively place to visit, live, work, and shop, and that the scale and character of the District remain Use Plan contains several objectives and policies that generally encourage and promote efforts to establish a diverse and vibrant commercial core that can meet the needs of both citizens and visitors alike. Providing opportunities for local businesses to host live entertainment helps to not only support the economic success of those businesses, but helps contribute to a livelier and engaging commercial core that draws citizens and cing appropriate limitations and
Live Entertainment Licensing Program update
February 3, 2025

conditions on ancillary activities like live entertainment are important to ensure that potential nuisance impacts do not begin to negatively affect surrounding land uses.

Objective N-5: The City will minimize the effects of nuisance noise effects on sensitive land uses.

Policy N-5a: The City will address nuisance noise on a case-by-case basis and develop appropriate mitigation measures such as scheduling of events or activities during hours when effects would be minimal.
contains one objective and several policies that address nuisance noise impacts. While the most common source of nuisance noise impact anticipated by the GP/CLUP relates to construction activities, other types of nuisance noise impacts also occur throughout the City and remain subject to regulation.

The Noise Element includes the following two graphics that are instructive in understanding the relative loudness of different activities (Figure 1) and the appropriateness of noise levels for different types of land uses (Figure 2).

Figure 1.

According to Figure 1, a performance by a rock band indoors is amongst the loudest common types of noise a person might encounter, measuring at 120 decibels dB(A). By contrast, the interior noise levels of a typical library, may measure between 30 and 40 dB(A).

Live Entertainment Licensing Program update
February 3, 2025

Figure 2, below, referred to as a land use compatibility matrix, shows which noise levels residential neighborhoods, noise levels below 55-60 dBA are considered acceptable and noise levels up 70 dBA are considered conditionally acceptable. Sustained noise levels above 70 dBA are generally considered unacceptable for residential uses. Commercial areas, meanwhile typically have a higher tolerance, where noise levels in the 70-75 dBA range are generally deemed acceptable and noise levels approaching 80 dBA are found to be conditionally acceptable.

Figure 2.

These relative noise levels can be used to help inform when noise impacts from particular land uses, such as live entertainment associated with a licensed business, reach a level of being unacceptable (i.e., a nuisance) for surrounding uses and sensitive receptors.

Consistent with the above Objective and Policy, the City can enforce nuisance noise Live Entertainment Licensing Program update
February 3, 2025

impacts, including, but not limited to, those generated by live music entertainment, through appropriate regulation and mitigation to minimize impacts to sensitive receptors.

Conditioning Live Entertainment Licenses to avoid or reduce the severity of such impacts is consistent with these General Plan/Coastal Land Use Plan policies.

Accordingly, and a
on certain occasions, are nearing or reaching the upper thresholds of the respective range. Consideration could be given to placing volume limits on outdoor live entertainment to ensure those thresholds are not exceeded, or amending the conditions of Live Entertainment.

FINANCIAL CONSIDERATIONS
No Additional Funding Requested at this time. Staff time to prepare the report is included in the Adopted FY 2024-25 General Fund Budget. However, in the event that the Council directs staff to research and develop amended regulations, or to undertake a more active monitoring or enforcement presence, there could be a need to budget for additional staff time, consultant services, or City Attorney time. In such a scenario, staff would likely include these added expenditures as part of the proposed next fiscal year budget for the

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
It is a wellapplication to protect the public health, safety, and welfare of its residents which has been interpreted to include regulating live entertainment and nuisance noise impacts. will be present at the City Council meeting to assist in answering questions.

OPTIONS

1. Receive and file report (staff recommendation);

2. Provide direction to staff concerning the regulation and conditioning of live entertainment; or

3. Direct staff to return to a future Council meeting with proposed amendments to the

PRINCIPAL PARTIES EXPECTED AT MEETING
Representatives from licensed Live Entertainment businesses Supporters of live music entertainment
Residents negatively affected by live music entertainment Live Entertainment Licensing Program update
February 3, 2025

ATTACHMENTS
Attachment A. Noise Monitoring Results
Staff contact: Nick Bobroff,
Community Development Director
(805) 755-4407, [email protected]
Signature
Reviewed by: Ryan Kintz, Assistant City Manager
(805) 755-4440, [email protected] Signature
Reviewed by: Michael Ramirez, City Manager
(805) 755-4450, [email protected] Signature

Conducted by the Code Compliance Division

01020304050607080 S1 17:30 S1 18:25 S1 20:15 S1 19:11 S1 19:13 S1 19:16 S1 19:21 S1 19:23 S1 19:28 S1 19:31 7/26/2024 7/26/2024 8/17/2024 9/6/2024 10/19/202 4 10/19/202 4 10/19/202 4 10/19/202 4 10/19/202 4 10/19/202 4 Avg. 50 60 60 62.7 65.9 67.6 72.6 69.7 70.3 70.5 High 52 70 75 63.9 66.1 68.8 73.4 70.9 70.5 71 dB Date and Time Location S1 Avg. High Date Music Type *7/26/2024 *Ambient Read 7/26/2024 Acoustic Classic Rock 8/17/2024 Reggae / Classic Rock band 9/6/2024 Rock *10/19/2024 Blues/Rock 10/19/2024 Blues/Rock 10/19/2024 Blues/Rock 10/19/2024 Blues/Rock 10/19/2024 Blues/Rock 10/19/2024 Blues/Rock * Instrument Calibrated 010203040506070 16:38 18:40 20:32 18:36 7/26/2024 7/26/2024 8/17/2024 9/6/2024 Avg 55 55 45 58.8 High 70 60 55 66.4 55 55 45 58.8 70 60 55 66.4 (dB) Date and Time Location S2 S1- Islands Brewing Company, 5049 Sixth St., Approx. 135ft. S2- 475 Linden Ave., Approx. 300ft. S3- 4900 BLK of 3rd St., Approx. 585ft. S4- 4891 3rd , Approx. 850ft. S5- SW Linden Field, Approx. 705ft. S6- NE Linden Field, Approx 165ft. S7- 546 Walnut, Approx. 610ft. S8- 355 Linden Ave., Approx. 363ft. Sound Meter Readings Synopsis: Sound meter readings were conducted at various points of interest during a live music event. The readings were taken near the main stage, surrounding areas, and other key points. Key Findings: • Average Sound Levels: The average sound levels across all points of interest remained within the acceptable range for live music events . • High Sound Peaks: High sound peaks were observed at certain points of interest. • Source of High Readings: Notably, these high readings were attributed to external factors such as vehicles passing by and pedestrian traffic, rather than the live music itself.

S1- Islands Brewing Company, 5049 Sixth St., Approx. 135ft. S2- 475 Linden Ave., Approx. 300ft. S3- 4900 BLK of 3rd St., Approx. 585ft. S4- 4891 3rd , Approx. 850ft. S5- SW Linden Field, Approx. 705ft. S6- NE Linden Field, Approx 165ft. S7- 546 Walnut, Approx. 610ft. S8- 355 Linden Ave., Approx. 363ft. Sound Meter Readings Synopsis: Sound meter readings were conducted at various points of interest during a live music event. The readings were taken near the main stage, surrounding areas, and other key points. Key Findings: • Average Sound Levels: The average sound levels across all points of interest remained within the acceptable range for live music events . • High Sound Peaks: High sound peaks were observed at certain points of interest. • Source of High Readings: Notably, these high readings were attributed to external factors such as vehicles passing by and pedestrian traffic, rather than the live music itself. 010203040506070 16:45 18:50 19:26 18:45 19:50 19:53 20:00 7/26/2024 7/26/2024 8/17/2024 9/6/2024 10/19/2024 10/19/2024 10/19/2024 Avg 50 50 45 51.2 58.8 56.6 48.1 High 65 60 49 53.7 59.6 58.2 50.4 50 50 45 51.2 58.8 56.6 48.1 65 60 49 53.7 59.6 58.2 50.4 (dB) Date and Time Location S3
010203040506070 16:50 19:05 19:30 18:50 7/26/2024 7/26/2024 8/17/2024 9/6/2024 Avg 50 45 43 53.7 High 65 46 55 50 45 43 53.7 65 46 55 (dB) Date and Time Location S4 S1- Islands Brewing Company, 5049 Sixth St., Approx. 135ft. S2- 475 Linden Ave., Approx. 300ft. S3- 4900 BLK of 3rd St., Approx. 585ft. S4- 4891 3rd , Approx. 850ft. S5- SW Linden Field, Approx. 705ft. S6- NE Linden Field, Approx 165ft. S7- 546 Walnut, Approx. 610ft. S8- 355 Linden Ave., Approx. 363ft. Sound Meter Readings Synopsis: Sound meter readings were conducted at various points of interest during a live music event. The readings were taken near the main stage, surrounding areas, and other key points. Key Findings: • Average Sound Levels: The average sound levels across all points of interest remained within the acceptable range for live music events . • High Sound Peaks: High sound peaks were observed at certain points of interest. • Source of High Readings: Notably, these high readings were attributed to external factors such as vehicles passing by and pedestrian traffic, rather than the live music itself. 0102030405060 16:56 19:20 19:21 18:25 7/26/2024 7/26/2024 8/17/2024 9/6/2024 Avg 50 50 31 53.6 High 60 51 53.8 50 50 31 53.6 60 51 53.8 (dB) Date and Time Location S5 S1- Islands Brewing Company, 5049 Sixth St., Approx. 135ft. S2- 475 Linden Ave., Approx. 300ft. S3- 4900 BLK of 3rd St., Approx. 585ft. S4- 4891 3rd , Approx. 850ft. S5- SW Linden Field, Approx. 705ft. S6- NE Linden Field, Approx 165ft. S7- 546 Walnut, Approx. 610ft. S8- 355 Linden Ave., Approx. 363ft. Sound Meter Readings Synopsis: Sound meter readings were conducted at various points of interest during a live music event. The readings were taken near the main stage, surrounding areas, and other key points. Key Findings: • Average Sound Levels: The average sound levels across all points of interest remained within the acceptable range for live music events . • High Sound Peaks: High sound peaks were observed at certain points of interest. • Source of High Readings: Notably, these high readings were attributed to external factors such as vehicles passing by and pedestrian traffic, rather than the live music itself. 010203040506070 17:00 19:25 19:15 18:30 7/26/2024 7/26/2024 8/17/2024 9/6/2024 Avg 50 55 59 64.4 High 55 65 65 64.6 50 55 59 64.4 55 65 65 64.6 (dB) Date and Time Location S6 S1- Islands Brewing Company, 5049 Sixth St., Approx. 135ft. S2- 475 Linden Ave., Approx. 300ft. S3- 4900 BLK of 3rd St., Approx. 585ft. S4- 4891 3rd , Approx. 850ft. S5- SW Linden Field, Approx. 705ft. S6- NE Linden Field, Approx 165ft. S7- 546 Walnut, Approx. 610ft. S8- 355 Linden Ave., Approx. 363ft. Sound Meter Readings Synopsis: Sound meter readings were conducted at various points of interest during a live music event. The readings were taken near the main stage, surrounding areas, and other key points. Key Findings: • Average Sound Levels: The average sound levels across all points of interest remained within the acceptable range for live music events . • High Sound Peaks: High sound peaks were observed at certain points of interest. • Source of High Readings: Notably, these high readings were attributed to external factors such as vehicles passing by and pedestrian traffic, rather than the live music itself. 0 5101520253035404550 17:20 18:32 20:07 18:17 7/26/2024 7/26/2024 8/17/2024 9/6/2024 Avg 45 45 25 47.8 High 32 48.6 45 45 25 47.8 32 48.6 (dB) Date and Time Location S7 S1- Islands Brewing Company, 5049 Sixth St., Approx. 135ft. S2- 475 Linden Ave., Approx. 300ft. S3- 4900 BLK of 3rd St., Approx. 585ft. S4- 4891 3rd , Approx. 850ft. S5- SW Linden Field, Approx. 705ft. S6- NE Linden Field, Approx 165ft. S7- 546 Walnut, Approx. 610ft. S8- 355 Linden Ave., Approx. 363ft. Sound Meter Readings Synopsis: Sound meter readings were conducted at various points of interest during a live music event. The readings were taken near the main stage, surrounding areas, and other key points. Key Findings: • Average Sound Levels: The average sound levels across all points of interest remained within the acceptable range for live music events . • High Sound Peaks: High sound peaks were observed at certain points of interest. • Source of High Readings: Notably, these high readings were attributed to external factors such as vehicles passing by and pedestrian traffic, rather than the live music itself. 01020304050607080 17:45 18:45 19:39 18:41 7/26/2024 7/26/2024 8/17/2024 9/6/2024 Avg 60 60 65 62.5 High 75 70 70.1 60 60 65 62.5 75 70 70.1 (dB) Date and Time Location S8 S1- Islands Brewing Company, 5049 Sixth St., Approx. 135ft. S2- 475 Linden Ave., Approx. 300ft. S3- 4900 BLK of 3rd St., Approx. 585ft. S4- 4891 3rd , Approx. 850ft. S5- SW Linden Field, Approx. 705ft. S6- NE Linden Field, Approx 165ft. S7- 546 Walnut, Approx. 610ft. S8- 355 Linden Ave., Approx. 363ft. Sound Meter Readings Synopsis: Sound meter readings were conducted at various points of interest during a live music event. The readings were taken near the main stage, surrounding areas, and other key points. Key Findings: • Average Sound Levels: The average sound levels across all points of interest remained within the acceptable range for live music events . • High Sound Peaks: High sound peaks were observed at certain points of interest. • Source of High Readings: Notably, these high readings were attributed to external factors such as vehicles passing by and pedestrian traffic, rather than the live music itself. dB Scale Increases as Sound Intensity Grows In some ways, you can compare the dB scale to the Richter scale, which measures the intensity of earthquakes. The measurement levels increase almost exponentially. 10 dB is 10 times more intense than 0 dB. A sound that is 1,000 times more intense than 0 dB (near total silence) is 30 dB. How Loud is Loud? Some common dB measurements include near total silence at 0 dB, a normal voice is 60 dB, a rock concert is around 110 dB, while a firecracker is about 140 dB. In addition, distance impacts the intensity of noise. The intensity diminishes with distance. Therefore, the dB scale takes into account the noise very close to the source. What Sound Levels Cause Ear Damage? Noise above 85 dB may result in hearing loss. This loss comes from both the intensity of the noise and the length of exposure to the noise. If you need to raise your voice to be heard, chances are that you are listening to sound at around 85 dB. Eight hours of exposure to higher levels at 90 dB can cause damage to your ears. Noise above 140 dB results in immediate, permanent damage and intense pain.