Agenda Item B.16
CONSENT CALENDAR
Meeting Date: June 6, 2023
TO: Mayor and Councilmembers
FROM: Peter Imhof, Planning and Environmental Review Director CONTACT: Lisa Prasse, Current Planning Manager
Darryl Mimick, Senior Planner
Teresa Lopes, Senior Project Manager
SUBJECT: Report on Issuance of Emergency Permit (EMP) for Ellwood Beach Drive Drain Repair; Case No. 23-0002-EMP
RECOMMENDATION:
Receive and file this report.
BACKGROUND:
During the rain event beginning on January 8, 2023, and the series of rain events in February and March , high storm water runoff volumes led to increased erosion at the entrance of an 18-inch corrugated metal pipe (CMP) storm drain that collects storm water runoff from the southern terminus of Ellwood Beach Drive. As a result, storm water bypassed and continues to bypass the CMP pipe inlet and flowed down the adjacent slope. This flow has resulted in erosion and slope failure of the adjacent asphalt embankment, which is threatening to undermine the adjacent sidewalk and the apartment building foundation to the north. Accordingly, emergency repair is considered a high priority and will be performed under the direction of the City’s consulting Biologist/Arborist.
DISCUSSION:
The location of the work area is a t the south end of Ellwood Beach Dr ive, directly north and west of an entrance to the Ellwood Mesa Coastal Trail. The nearest addresses are 447 Ellwood Beach Drive and 450 Ellwood Beach Drive. The project will include removal of downed vegetation, including a fallen blue gum eucalyptus (Eucalyptus globulus) tree, regrading and repair of an existing asphalt storm drain swale, excavation of the failed slope to reach subgrade using an excavato r or backhoe, repair of the slope, and reconnection of the bottom portion of the existing CMP down drain , which became separated during the storm event. Slope repair will include placement of approximately 40 cubic yards of soil and concrete slope protection as well as installation of jute netting.
The new CMP will be placed on the surface of the repaired slope and will transmit storm 1 Meeting Date: June 6, 2023
water to the southwest. All removed materials will be hauled off -site in a dump truck staged within paved areas.
Planning and Environmental Review (PER) staff reviewed the EMP request and 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 May 22, 2023. This report to the City Council at its first scheduled meeting after issuance of the EMP satisfies the requirements of Section 17.64.030(G). The California Fish and Wildlife Department (CA DFW) staff, the U.S Army Corps of Engineers (US ACOE), and the California Coastal Commission were also notified of the nature of the emergency and the work involved.
Public notice of the emergency work was mailed to property owners and tenants within 500’ of the site on May 16, 2023, and the site was posted in three locations specified in Section 17.64.030 (C). The work began on May 23, 2023 and is expected to take approximately 5 days. A copy of the EMP is provided as Attachment 1.
Following the emergency work, Public Works staff will develop plans for the long-term replacement of the CMP and submit for City Land Use Permit review and CCC Coastal Development Permit review (if necessary).
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 slope repair will cost an estimated $100,000 and is funded by the Public Works Department with anticipated FEMA reimbursement.
ALTERNATIVES:
There are no alternatives as this action is a receive and file report. Failure to complete this repair work could lead to additional damage to public and private property.
Reviewed By: Legal Review By: Approved By:
___________________ ___________________ _________________ Kristine Schmidt Megan Garibaldi Robert Nisbet
Assistant City Manager City Attorney City Manager
2 Meeting Date: June 6, 2023
ATTACHMENT:
1. Emergency Permit Approved by the Planning and Environmental Review Department, dated May 22, 2023
3 Attachment 1
Issued Emergency Permit
Case No. 23-0002-EMP
Ellwood Beach Drive Drain Repair
4 EMER GENCY 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.: 23-0002-EMP Planner: Darryl Mimick
Project Name: Ellwood Beach Drive Drain Repair Project
Project Address: Southern Terminus of Ellwood Beach
Drive A.P.N.: 079-553 -019 and 079-551-024
Zone District: OSPR – Open Space/Passive Recreation
The City of Goleta issues th is Emergency Permit for the replacement of a corrugated metal pipe (CMP) and assoc iated improvements at the southern terminu
s at Ellwood Beach Drive, as described below, based upon the required findings and subject to the attached term s and conditions. If you have any questions regarding this Emergency Permit, please contact Teresa Lopes, Seni or Project Manager, at (805) 961-7563 or Darryl Mimick, Se nior Planner, at (805) 961-7572.
PERMIT APPROVAL/ISSUANCE DATE: May 22, 2023
PERMIT
EXPIRATION DATE: May 31, 2023
PROJECT DESCRIPTION SUMMARY:
During the rain events of January-March 2023, high storm water runoff volumes led to increased erosion at the entrance of an 18-i nch CMP storm drain that collects storm water runoff from the southern terminus of Ellwood Beach Drive. As a result, storm w ater is bypassing the CMP pipe inlet and flowing down the adjacent slope. This has r esulted in erosion and slope failure of the adjacent asphalt e
mbankment, which is threatening to undermine the adjacent sidewalk and th e apartment
building foundation t o the north. Accordingly, emergency repair is considered a high priority.
The
project will include removal of downed vegetation including a fallen blue gum eucalyptus (Eucalyptus globulus) tree, regrading and repair of an existing asphalt storm drain swale, excavati on of the failed slope to reach subgrade using an excavator or backhoe, repair of the slope, and reconnection of the bottom portion of the existing CMP down drain which became separated during the storm event. Slope repair will include placement of appr oxi mately 40 cubic yards of soil and concrete slope protection, as well as installation of jute netting. The new CMP will be placed on the surface of the repaired slope and will transmit storm water to the southwest. All removed materials will be hauled of f-site in a dump truck staged within paved areas.
The project is expected to be completed in five working days. Equipment used will include
an excavator/back hoe, excavator sheepsfoot roller, vacuum truck, vibratory plate compactor, and dump truck. The onsite crew will consist of six employees with additional staff onsite to assist with mobilization, demobilization, and removal of debris.
5 The emergenc
y permit request was filed by the City of Goleta’s Senior Project Manager, Teresa Lopes.
PROJEC
T SPECIFIC CONDITIONS: See attached.
TERMS O
F PERMIT ISSUANCE:
1. Posting No tice. A weather -proofed copy of this Emergency Permit, with Attachments, shall be poste d by the Applicant in three (3) conspicuous 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 sh all remain posted until the emergency work has been completed.
2. Date of Permit Approval/Iss uance. This Permit shall be deemed effective on the Date of
Permit Issuance as identified above.
3. Time Limit. This Emergency Permit shall expire on May 31, 2023. In addition, the applicant must apply for the permits that would otherwise be required within 30 da ys of the issuance of this emergency permit.
NOTE: This
emergency permit does not allow c onstruction or use outside of the project description, or terms or con ditions; nor shall it be cons trued to be an approval of a violation of any provision of any City Policy, Ordinance, or other governmental regulation.
OWNER/APPLICANT ACKNOWLEDGMENT: U ndersigned permit tee acknow ledges receipt of this approval and agrees to abide by all terms and conditions thereof.
Teresa Lopes
Senior Project Manager
__________________________________________________________________ Print Name Signature Date
EMERGENCY PERMIT ISSUANCE BY:
May 22, 2023
Peter Imhof, Planning & Environmental Review Director Date 6 Case No: 23-0002-EMP
Project Name: Ellwood Beach Drive Drain Repair Project Project Address: Southern Terminus of Ellwood Beach
Drive APN: 079-553-019 & -024
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Attachment A
FINDINGS OF APPROVAL
Emergency Permit 23-0002-EMP
The Di
rector of Planning & Environmental Review may grant an Emergency Per mit upon reasonable terms and conditions , including an expir ation date and a requir ement for sub sequent discretionary and minist erial permits, as re quired by GMC Title 1 7, Chapter 17.64 (Emergency Permits), if the Director finds that:
A. An emer
gency exists and requires action more quickly than provid ed for by the procedures for permit processing, a nd the action will be completed wit hin 30 days.
Process
ing of a normally required permit through the local review process would significantly and adversely delay a prompt response to the current hazardo us situation. Local review of a project takes approximately four (4) six (6) weeks, but immediate action is required to address the public safety threat posed by water bypassing the CMP pipe inlet and flowing down the adjacent slope, which in turn could case erosion slope failure to adjacent sidewalks and the foundation of the adjacent apartment building causing significant damage to private properties and public infrastructure. Notification of the work will be made to the C alifornia Department of Fish and Wildlife, and the U.S. Army Corps of Engineers.
B. P ublic
comment on the proposed emergency action has been reviewed.
Emer
gency p ermits may be i ssued immediately, without public notice and comment, in the event of a significant safety hazard to members of the public , private pro perty owners , and public in frastructure. I n th is instance, no public comment has been solicited given the n eed to d o the w ork. However, in accordance with Section 17.64. 030(C), notice will be posted on site in three locations in addition to mailed notices to property owners and tenants within 500 feet of project sit e as soon as possib le, during the effective pe riod of t his emergency p ermit. P ublic comment will be taken and responded to, as appropriate.
C. The wo
rk pro posed would be cons istent with the r equirements of the General Plan and Title 17.
The purp os
e of the work is to allev iate the current pub lic and private safety hazards posed by the dislodged portion of the storm drain and to repair the existing asphalt storm drain swale, and reconnect the existing CMP drain which has become separated during the storm event. Slope repair w ill include placement of approximately 40 cubic yards of soil and concrete slope protection, as well as installation of jute netting. Due to the size and weig ht of the debris , heavy equipment will need to be deployed to lift t he dislodged storm drainpipe 7 Case No: 23-0002-EMP
Project Name: Ellwood Beach Drive Drain Repair Project Project Address: Southern Terminus of Ellwood Beach
Drive APN: 079-553-019 & -024
4 | Page
and correction of the slope. The need to ma intain public safety and access to open space areas is consistent with applicable policies of the GP/CLUP, primarily Safety Element SE 1.7 (abatement of public safety hazards).
In additi
on, the project wi ll be consistent with the City ’s Zoning Ordinance, Title 17 of Goleta M unicipal Code. For example, all the wood from the removed or trimmed tree/vegetation will be chipp ed and spread onsite . The issuance of this Emergency Permit is in accordance with the procedures f or 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 certain actio ns warran t immediate, special consideration to lessen o r re mediate an emergency. T he emergency action is expected to require approximately 5 business days to complete. Follow-up permits pursuant to Title 17 .64 will be required 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 addi
tion, the E mergency Permit will b e posted at three c onspicuous locations along the perimeter of the prope rty. Title 17 does not requir e p ublic noticing before em ergency actions can begin. The project will be reviewed i n greater detail during any required City review and additional conditions may be im posed 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: 23-0002-EMP
Project Name: Ellwood Beach Drive Drain Repair Project Project Address: Southern Terminus of Ellwood Beach
Drive APN: 079-553-019 & -024
4 | Page
Attachment B
CONDITIONS OF APPROVAL
Emergency Permit 23-0002-EMP
Standard Conditions
1. The Emergency Permit shall expire on May 31, 2023. In addition, the applicant shall apply for approval of a regular permit within 30 days of issua nce of this emergency permit, if needed . All information required for a complete application shall be provided within 30 days of this Emergency Permit.
2. This Emergen
cy Permit is based upon and limited to complia nce with the Project Description, as describe d in this E mergency Permit, and the conditions of approval.
City staff and contract crews conducting the storm drainpipe and fallen tree removal shall not deviate from the project description or conditions unless such deviation is reviewed an d approved by the Director of Planning & Environmental Review and determined to be in conformity with this permit. Deviations m ay require approved changes to the permit and/or further en vironmental review. Deviations without t he above-described approval will constitute a violation of the permit.
3. The Director of Planning & En vironmental Review may order an immediate suspension of all, or part of the work authorized under this permit, if the Director determines that such action is
necessary to avoid 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 Zoning Ordinance. Appro priate measures include re vocation of the permit, stop work order and other corrective measures as determined by the City.
Special Conditions
4. The emerge
ncy action is expecte d to requir e approximately 5 business days to complete. Follow-up permit s pursuant to Title 17 .64 are required to va lidate the emergency work.
5. Immedi
ately prior to and during activities, the project area must be surveyed to verify no sensitive terrestrial or aquatic species have entered the project area. Terrestrial species observed within the project area will be enco uraged to leave on their own and/or relocated outside the project area.
6. Worker
environmental awareness training must be given by the project biologists to all the contractors and personnel onsite. The biologist must describe the common and special -status b iological resources associated with the project site (including monarch butterflies) and the required avoidance and mitigation measures. 9 Case No: 23-0002-EMP
Project Name: Ellwood Beach Drive Drain Repair Project Project Address: Southern Terminus of Ellwood Beach
Drive APN: 079-553-019 & -024
4 | Page
7. The clean-up of any accidental spill must begin immediately pursuant to all relevant hazardous materials regulations . If the spill affects downstream water quality or impacts special- status resources, the bio logist must contact the appropriate regulatory agencies to determine the appropriate course of action.
8. All tr
ash must be properly contained and removed from the wo rk site d aily. When operations are completed, any excess materials or debris must be removed from the project area.
9. Proj
ect activities occurring between March 1 and August 1 requir e a qualified biologist to survey the project site within five days of pr oject commencement for nesting birds. Should any protected breeding/nesting birds be observed, the biologist must flag the area and implement appropriate avoidance measures to preclude impacts.
10. Any m
aterial/spoils generated from project activities must be located away from jurisdictional areas and protected from storm water run- off using temporary perimeter sediment barriers such as berms, silt fences, fiber rolls, covers, sand/gravel bags, and straw bale barriers, as appropriate. Materials must be stored at least 100 feet from the top of bank or to the extent feasible. If materials are stored within 100 feet from the top of bank, secondary containment will be used.
11. All wor
k, either to address the current emergency and/or complete processing and removal of all debris must be limited to the hours of 8:00 AM to 5:00 PM , Monday through Friday, not including holidays.
- End of C
onditions -
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