Agenda Item B.7
CPMS CONSENT CALENDAR
Meeting Date: April 18, 2023
TO: Mayor and Councilmembers
FROM: Peter Imhof, Planning and Environmental Review Director
CONTACT: Lisa Prasse, Current Planning Manager
Darryl Mimick, Senior Planner
Mark Schleich, Contract Engineer
SUBJECT: Report on Issuance of Emergency Permit for Removal of Damaged Storm Drainpipe and Tree Removal/Trimming at San Pedro Creek adjacent to Westmoreland Place; Case No. 23-0001-EMP
RECOMMENDATION:
Receive and file this report.
BACKGROUND:
On March 22, 2023, the Planning and Environmental Review Department issued an Emergency Permit to allow the Public Works Department to perform emergency removal of a portion of a dislodged storm drainpipe and fallen trees from San Pedro Creek. During the rain event beginning on January 8, 2023, and the series of rain events in February and March, a 20-foot section of a 60-inch diameter Corrugated Metal Pipe (CMP) and 24 feet (3 eight-foot sections) of Reinforced Concrete Pipe (RCP) separated from the neighborhood storm drain system adjacent to San Pedro Creek and Westmoreland Place.
Additionally, the bank became eroded in the vicinity of dislodged pipes, and several trees fell, including a n 80-foot-tall oak tree. All work including tree removal of dead and damaged trees will be conducted under the direction of a City-contracted Biologist/Arborist. Additionally, a nesting bird survey was conducted prior to the start of work. The emergency work is necessary to prevent further damage to private property and public infrastructure.
As indicated, the Emergency Permit was issued for the work on March 22, 202 3, consistent with the City’s Munic ipal Code Chapter 17.6 4. This staff report fulfills notification to the City Council per Municipal Code Chapter 17.64.030(G). Since the site is on San Pedro Creek, a mapped Environmentally Sensitive Habitat Areas (ESHA), the City provided notification to California Fish and Wildlife Department staff and the U.S Army Corps of Engineers as well as other interested regulatory agencies. The comments and conditions from these agencies will be incorporated into the scope of the work . The 1 Meeting Date: April 18, 2023
City required onsite notice and mailed notices to all properties within 500 feet of the project occurred on March 23rd and 24th.
DISCUSSION:
The location of the work area is approximately 100 feet southwest from the southernmost corner of Westmoreland Place between Cathedral Oaks Road and Stow Canyon Road.
The emergency work will be performed under the direction of the City’s consulting Biologist/Arborist.
Planning and Environmental Review (PER) staff reviewed the submitted materials and based on the m, determined that the findings of Section 17.64.030(D) of the Goleta Municipal Code could be made. As such, the EMP was issued on March 22, 2023. In accordance with Section 17.64.030(G), the PER Director is required to report to the City Council at its first scheduled meeting after issuance of the EMP. The California Fish and Wildlife Department (CA DFW) and the U.S Army Corps of Engineers (US ACOE) were also notified of the nature of the emergency and the work involved.
This report satisfies the repor ting requirement to the City Council . In addition, the City Council, CA DFW and US ACOE were notified via email on March 23, 2023. Lastly, public notice of the emergency work was mailed to property owners and tenants within 500 feet of the site on March 23, 2023 and the site was posted in three locations specified in Section 17.64.030(C). A copy of the EMP is provided as Attachment 1.
GOLETA STRATEGIC PLAN:
The work performed under the Emergency Permit furthers the City’s Strategic Plan as follows:
City-Wide Strategy: Maintain a Safe Community
FISCAL IMPACTS
Receiving this report has no fiscal impact. However, the storm drainpipe and tree work will cost an estimated $100,000 and is funded from the Public Works Department budget with anticipated FEMA reimbursement.
ALTERNATIVES:
There are no alternatives as this action is a receive and file report. Failure to repair could lead to additional damage to public and private property. 2 Meeting Date: April 18, 2023
Reviewed By: Legal Review By: Approved By:
___________________ ___________________ _________________ Kristine Schmidt Megan Garibaldi Robert Nisbet
Assistant City Manager City Attorney City Manager
ATTACHMENT:
1. Emergency Permit Approved by the Planning and Environmental Review Department dated March 22, 2023
3 ATTACHMENT 1
Emergency Permit Approved by the Planning and Environmental Review Department dated March 22, 2023
4 EMERGENCY PERMIT
Planning & Environmental Review
130 Cremona Drive, Suite B, Goleta, CA 93117
Phone: (805) 961-7500 Fax: (805) 685-2635
www.cityofgoleta.org
Case No.: 23-0001-EMP Planner: Darryl Mimick
Project Address: San Pedro Creek Adjacent to Westmoreland Place A.P.N.: 077-361-011
Zone District: OSPR – Open Space/Passive Recreation
The City of Goleta issues this Emergency Permit for the removal of a storm drainpipe, a fallen tree, and the trimming of trees/vegetati on in San Pedro Creek, as described below, based upon the required findings and subject to the attached terms and conditions. If you have any questions regarding this Emergency Permit, please contact Mark Schleich, Contract Principal Engineer, at (805) 451-5050 or Darryl Mimick, Senior Planner, at (805) 961-7572.
PERMIT APPROVAL/ISSUANCE DATE: March 6, 2023
PERMIT EXPIRATION DATE: April 24, 2023
PROJ
ECT DESCRIPTION SUMMARY:
Durin
g the rain event beginning on Januar y 8 , 2023 , a 20-foot section o f a 60-inch diameter Corrugated Meta l Pipe (CMP ) outle t separated from a 48-inch Reinforced Concrete Pipe (RCP) storm drain adjacent to San Ped ro Creek and Westmoreland Place. The location of the disturbance in San P edro cree k is approximately 100 feet southwest from the southernmo st corne r of Westmoreland Place between Cathedral Oaks Road and Sto w Canyon Road . A dditionally, a 4-foot section o f the 48-inch diameter RCP that wa s connected to the CMP was dislodged. Concurrent with the storm drainpipe damage, a dead tree was toppled and approximate ly 40 feet of pipe an
d wire revetment were damaged.
The remedial protective work is to remove the dislodged portion of the storm drainpipe , as well as the fallen tree from the creek to prevent additional damage. Due to th e size and weight of the debris, heavy equipment will need to be deployed to lift the storm drainpipe and fallen tree from San Pedro Creek. A temporary equipment pad will be created to facilitate the work in order not to disturb the top of bank. In order to create the equipment pad, approximately 10 cubic yards of soil will be removed from the site. In order to access the ha zardous area, a 24 -inch diameter mature oak tree will be trimmed, and one mulberry bush will be removed. The removal of the mulberry bush is necessary to increase the protection for the mature oak tree. Work associated with the oak tree and vegetation will be conducted under the direction of the City-contracted Arborist, who will be onsite during the entirety of the project. Additionally, a nesting bird survey will be conducted prior to start of work. Once the debris is removed and hauled to a disposal site, the temporary equipment pad will be restored to the preexisting grade and revegetated as recommended.
5 The work is expected to be completed in two calendar days, with work beginning at 8:00 AM and ending at 5:00 PM between March 6 th and 27th. The onsite crew will consist of six employees with additional staff onsite to assist with mobilization, demobilization, and removal of debris.
If not remov ed, t he dislodge d storm drainpipe and fallen tree could m igrate further downstream in future rain events, likely causing damage to private properties and public infrastructure and/or unintended flooding.
The emergency pe rmit re quest was fi led b y the C ity of Golet a’s Contract Principal Engineer, Mark Schleich.
PROJECT SPECIFIC CONDITIONS: See attached.
TERMS OF PERMIT ISSUANCE:
1. Posting Notice. A weather-proofed copy of this Emergency Permit, with Attachments, shall be posted by the Applicant in three (3) conspicuou s places along the perimeter of the subject property. At least one copy of the permit shall be visible from the nearest street. This Permit shall be posted within 24 hours of the receipt of the issued permit and shall remain posted until the emergency work has been completed.
2. Date of Perm it Approval/Issuance. This Permit shall be deemed effective on the Date of Permit Issuance as identified above.
3. Time
Limit. This Emergency Permit shall expire on April 24, 2023. In addition, the applicant must apply for the permits that would otherwise be required within 30 days of the issuance of this emergency permit.
NOTE: This emergency permit does not allow c onstruction or use outsid e of the project descriptio n, or terms or condi tions; nor sha ll it be cons trued to be an approval o f a violation of any provision of any City Policy, Ordinance, or other governmental regulation.
OWNER/APPLICANT ACKNOWLEDGMENT: Undersigned permit tee acknow ledges receipt of this approval and agrees to abide by all terms and conditions thereof.
Mark Scheich
Contract Principal Engineer
__________________________________________________________________ Print Name Signature Date
EMERGENCY PERMIT ISSUANCE BY:
Peter Imhof, Planning & Environmental Review Director Date March 2, 2023
6 Case No: 23-0001-EMP Page A-1
Project Name: Emergency Storm Drainpipe Removal and Trimming of Tree Project Address: San Pedro Creek Adjacent to Westmoreland Place APN: 077-361-011
Attachment A
FINDINGS OF APPROVAL
Emergency Permit 23-0001-EMP
The Director of Plannin g & Environmental Review may grant an Emergency Per mit upon reasonable terms and conditions , including an expira tion date and a requir ement for subsequent discretion ary and minist erial permits, as required by GMC Title 1 7, Chapter 17.64 (Emergency Permits), if the Director finds that:
A. An emergency exists and requires acti on more quickly than p rovided for by the procedures for permit processing, a nd the action will be completed within 30 days.
Processing of a normally required permit through the local review process would significantly and adversely delay a prompt response to the c urrent hazard ous situation. Local review of a project takes approximately four (4) six (6) weeks, but immediate action is required to address the public safety t hreat posed by the storm drainpipe and fallen tree to mitigate debris from flowing do wnstream and causing significant damage to private properties and public infrastructure.
Notification of the work will be made to the California Department of Fi sh a nd Wildlife, and the U.S. Army Corps of Engineers.
B. Public comment on the proposed emergency action has been reviewed.
Emergency permits may be i ssued immedi ately, without public notice and comment, in the event of a significant safety hazard to members of the public , private p roperty owners , and public i nfrastructure. In th is instance, no public comment has been solicited given the need to do the w ork. However, in accordance with Section 17.64 .030(C), notice wi ll be posted on site in three locations in addition to mailed notices to property owners and tenants within 500 feet of project site as soon as possible , during the e ffective period of t his emergency p ermit. Public comment will be taken and responded to, as appropriate.
C. The work pro posed wou ld be consistent with the requirements of the General Plan and Title 17.
The p urpose of the work is to alleviat e the curren t pub lic and private safety hazards posed b y the dislodged portion of the storm drainpipe, a s well as to remove the fallen tree from the creek to prevent additional damage . Due to the size and weight of the debris, heavy equipment will need to be deployed to lift the storm drainpipe and fallen tree fr om San Pedro Creek . The need to ma intain public safety and access to open space areas is consistent wit h applicabl e policies of the GP/CLUP, primarily Safety Element S E 1.7 (abatement of public safety hazards). The City’s consulting arborist has inspected the dislodged storm drainpipe, fallen tree, and adjacent vegetation and recommends the trimming of 7 Case No: 23-0001-EMP Page A-2
Project Name: Emergency Storm Drainpipe Removal and Trimming of Tree Project Address: San Pedro Creek Adjacent to Westmoreland Place APN: 077-361-011
the oak tree and removal of the Mulberry plan t, described in the Project Description above.
In addition, the project wil l be consistent with the City’s Zoning Ordinance, Title 17 of Goleta Municipal Code. For example, all the wood from the re moved or trimmed tree/vegetation will be chipp ed and spread on site. The issuance of th is Emergency Permit is in accordance with the procedures for granting Emergency Permits pursuant to Title 17 .64. The emergency action taken by the City is permitted under Title 17 .64.020, which re cognizes that certai n a ctions warran t immediate, special consideration to lessen o r r emediate an emergency. The emergency ac tion is expected to require approximately 2 business days to complete. Follow-up permits pursuant to Title 17.64 will be re quired to validate the emergency work. This Emergency Permit, as well as all follow up permits, will be noticed according to the permit procedures outlined in the Title 17.64.030 C., thus allowing opportunity for public comment.
In addition, the E mergency Permit will be posted at th ree conspicuous locations along the perimeter of the prope rty. Title 17 does not requir e public noticing before em ergency act ions ca n begin. The project will be reviewed i n greater detail during any required City review and additional conditions ma y be imposed as necessar y or appropriate. Impacts to o n-site environmental resources from emergency work wi ll be mitigated by th e imp osition of Emergency P ermit conditions.
8 Case No: 23-0001-EMP Page A-1
Project Name: Emergency Storm Drainpipe Removal and Trimming of Tree Project Address: San Pedro Creek Adjacent to Westmoreland Place APN: 077-361-011
Attachment B
CONDITIONS OF APPROVAL
Emergency Permit 23-0001-EMP
Standard Conditions
1. The Emergency Per mit shall expire on March 1 6, 2023 . In a ddition, the appli cant shall appl y for appr oval o f a regular permit w ithin 3 0 days of issuance of this emergency permit, if needed . All informat ion required for a comple te application shall be provided within 30 days of this Emergency Permit.
2. This Emergen cy Per mit is based upon and limited to comp liance with the Project Description, as described in this Emergency Permit, and the conditions of app roval.
City staff and co ntract crews conducting the storm drainpipe and fallen tree removal shall not deviate from the project description or conditions unless such de viation is reviewed and approved by th e D irector of Planning & Environmental Review and determined to be in confo rmity with this permit. Deviations ma y req uire approved changes to the permit and/or further environmental review. Deviations with out the above-described approval will constitute a violation of the permit.
3. The D irector of Planning & Environmental Review may order an im mediate suspension of all, or pa rt of the work authorized und er this permit , if the Director determines that such ac tion is nece ssary to avoi d or mitigate significant impacts to health and safety or the environment. Violation of any of the conditions of this permit constitutes a viol ation of the GMC Title 17, the Zo ning Ordinance. Appropriate measures includ e revocation of the pe rmit, stop work order and other cor rective measures as determined by the City.
Special Conditions
4. The storm drainpipe and tree removal shall be conducted accord ing to the recommendations resulting from a biological survey conducted in the past 10 days.
An ad ditional wildlife survey pertaining to ne sting birds shall be conducted by a qualified biologist prior to the start of removal and trimming activities.
5. The emergency action is expecte d to requir e approximately 2 business days to complete. Follow-up permits pursuant to Title 17.64 will be requi red to validate the emergency work.
6. All work, either to address the current emergency and/or complete processing and removal of all debris shall be limited to the hours of 8:00 AM to 5:00 PM , Monday through Friday, not including holidays.
- End of Conditions -
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