Certification of Final Environmental Impact Report (SCH 2015041014) and approval of the Heritage Ridge 332 Residential Apartment Project — Goleta City Council, March 7, 2023 (part 3 of 4)

20 Heritage Ridge Residential Project Environmental Impact Report Mitigation Monitoring and Reporting Plan

Mitigation Measure

Implemented
By

When Implemented

Monitoring or
Reporting Action
Verification of
Completion
Initial Date
Vista and residential units at the existing Village at Los Carneros west of the project site across South Los Carneros Road.
to all complaints.

N-1(g) Newest Power Construction Equipment. The Project contractor must use the newest available power
construction equipment with standard recommended
noise shielding and muffling devices.

Permittee The equipment with appropriate
noise shielding and muffling must
be designated on building and
grading plans.

The Planning
and
Environmental
Review
Director or
designee must
inspect the
building and
grading plans
before the City
issues permits
and
periodically
inspect the
site to ensure
compliance.

216
ATTACHMENT 2

Heritage Ridge Residential Project
General Plan Amendment
Resolution
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Attachment 2
City Council Resolution No.23- ____
Heritage Ridge GPA Amendment
1 City Council Resolution No. 23-____

RESOLUTION NO. 23- ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GOLETA,

ADOPTING AMENDMENTS TO THE GENERAL PLAN/COASTAL LAND USE PLAN OPEN SPACE ELEMENT FIGURE 3-5 AND CONSERVATION ELEMENT FIGURE 4-1 FOR APNS 073-060-031 THROUGH -043; CASE NO. 14-049-GPA

WHEREAS, on May 20, 2014, the Towbes Group applied requesting approval of a General Plan/Local Coastal Land Use Plan (GPA/CLUP) amendment (GPA) to the Open Space Element and Conservation Element; a Vesting Tentative Map; and a Development Plan with Modification, for the development of 360 residential apartments and associated improvements on the parcels east of South Los Carneros Road and north of Camino vista Road, APNs 073 -060-031 through -043; and
WHEREAS, on October 1, 2014, the application was found to be complete and vested under the Subdivision Map Act; and

WHEREAS pursuant to Section 21067 of the Public Resources Code, and Section 15367 of the State CEQA Guidelines (Cal. Code Regs., tit. 14, §§ 15000 et seq.), the City of Goleta is the lead agency for the proposed Project; and WHEREAS City staff entered into a contract with Rincon Consultants to prepare an Environmental Impact Report (EIR) in compliance with CEQA Guidelines and the Goleta Guidelines; and

WHEREAS pursuant to Public Resources Code Section 21083.9 and State CEQA Guidelines Sections 15082 € and 15083, the City held a duly noticed Scoping Meeting on April 29, 2015 to solicit comments on the scope of the environmental review of the proposed Project and four comments were received; and
WHEREAS a Draft Environmental Impact Report (“Draft EIR”) was prepared, incorporating comments received in response to the NOP; and WHEREAS pursuant to State CEQA Guidelines Section 15087(e), the Draft EIR was circulated for at 52-day public review and comment period from June 17, 2016 to August 8, 2016; and
WHEREAS the City received fourteen written comment letters on the Draft EIR; and
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Heritage Ridge GPA Amendment
2 City Council Resolution No. 23-____
WHEREAS the current owners are FLT Heritage Ridge TG, LLC and GF Frontier, LLC, and the applicant/permittees are Red Tail Multifamily Land Development, LLC and HASCARBO; and
WHEREAS, in January 2021, the Project was revised to include an affordable housing component; reduce the total number of housing units from 360 to 332 units; provide increased right-of-way along Los Carneros Road, resulting in a building setback shift along this roadway; a request for a Streamside Protection Area (SPA) buffer reduction of up to 33 feet in the northeast corner of the Project site; and address the updated CEQA Guidelines and thresholds; and WHEREAS the revised Heritage Ridge Residential Project (the “Project”) has been redesigned to develop 332 housing units (102 affordable with 2 manager units, and 228 market-rate) in eight buildings as well as two additional recreational buildings and a public park on a 17.36-gross acre site within the Inland Area of the City of Goleta; and
WHEREAS the Project is on a currently vaca nt site north of Camino Vista and east of South Los Carneros Road, comprised of Assessor’s Parcel Numbers 073-060-031 through -043, in the City of Goleta, in Santa Barbara County; and WHEREAS the Project requires approvals of a General Plan Amendment (14-049-GPA), Development Plan (14 -049-DP) with a parking concession as a State Density Bonus project, and Vesting Tentative Map (14 -049-VTM); approval from the Design Review Board (14 -049-DRB); approval of a road easement vacation and acquisition; a two-acre park acquisition (a 1.85 acre park and a 0.15 acre easement over 13 public parking spaces), and approval of a Park Fee credit for the Affordable Housing Units;
WHEREAS, on April 29, 2021, to address updated CEQA requirements and the redesign of the Project, a Revised Draft EIR was prepared and initially released for a 45-day public review and comment period; and
WHEREAS, shortly after the initial release of the Revised Draft EIR for public review, it was determined that the public comment period sho uld be restarted due to a noticing error as one of the revised topic areas was not listed in the notice. After correcting the notice, the Revised Draft EIR was recirculated for a 45-day public review and comment period from May 14, 2021, to June 28, 2021 and the City held an Environmental Hearing Officer meeting on June 16, 2021, where six comments were received; and
WHEREAS the City received seven written comment letters on the Revised Draft EIR; and
WHEREAS the Revised Draft EIR determined that mitigation measures were required to mitigate impacts to a less than significant level for the following 219
Attachment 2
City Council Resolution No.23- ____
Heritage Ridge GPA Amendment
3 City Council Resolution No. 23-____
resource areas: aesthetics, biological resources, cultural resources, geology and soils, hydrology and water quality, and tribal cultural resources; and WHEREAS the Revised Draft EIR further concluded that despite the incorporation of all feasible mitigation measures, the proposed Project would nonetheless result in significant and unavoidable impacts relating to cumulative cultural resource impacts, construction noise, and solid waste (project level and cumulative); and
WHEREAS, subsequent to public review of the Revised Draft EIR, the grading plan was revised to reduce soil export, the site plan was revised to reduce total parking, and increase open space in order to achieve a 100 -foot buffer from the Los Carneros Creek Streamside Protection Area; and
WHEREAS, pursuant to Public Resources Code Section 21092.5, the City provided copies of its responses to comme nting public agencies at least ten (10) days prior to the City’s Planning Commission initially planned consideration of the Final EIR on February 28, 2022; and
WHEREAS, at the request of the public in order to allow the public ample time to review the F inal EIR, the City chose not to hold the February 28, 2022, Planning Commission hearing and continued the matter to March 28, 2022; and WHEREAS the Planning Commission commenced review of the project and started taking public comments regarding the adequa cy of the Final EIR and the merits of the project on March 28, 2022, and April 25, 2022; and WHEREAS the Planning Commission continued the review from the April 25, 2022, to allow staff time to respond to the verbal and written comments received; and
WHEREAS the City has revised the Final EIR to add a Preface to the beginning of the Final EIR that summarizes the changes and responds to late comments received 10 months after the close of the public comment period; and WHEREAS, on February 15, 2022 and October 13, 2022, the City released the initial and revised Final EIR (“Final EIR”), which consists of the Draft EIR, Revised Draft EIR, all technical appendices prepared in support of the Draft EIR and Revised EIR, all written comment letters received on the Draft EIR and Revised Draft EIR, written responses to all written comment letters received on the Draft EIR and Revised Draft EIR, and errata to the Draft EIR, Revised Draft EIR and technical appendices; and
WHEREAS the “EIR” consists of the Final EIR and its attachments and appendices, as well as the Draft EIR and its attachments and appendices, and the Revised Draft EIR and its attachments and appendices (as modified by the Final EIR); and
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Heritage Ridge GPA Amendment
4 City Council Resolution No. 23-____
WHEREAS as contained herein, the City has endeavored in good faith to set forth the basis for its decision on the Project; and WHEREAS, on November 14 , 2022, the Planning Commission held a noticed public hearing on the GPA, at which time all interested persons were given an opportunity to be heard . Planning Commission, on a 5-0 vote, recommended approval of the GPA to the City Council; and

WHEREAS, on March 7, 2023, the City Council conducted a duly noticed public hearing regarding the adequacy of the Final EIR, at which time all interested parties were given the opportunity to be heard; and

WHEREAS, prior to acting, the City has heard, been presented with, reviewed and considered all of the information and data in the administrative record, including but not limited to the EIR, and all oral and written evidence presented to it during all meetings and hearings; and
WHEREAS no comments made in the public hearings co nducted by the City and no additional information submitted to the City have produced substantial new information requiring recirculation of the EIR or additional environmental review of the Project under Public Resources Code Section 21092.1 and State CEQA Guidelines Section 15088.5; and
WHEREAS other parts of the Project, not considered in this Resolution include an Environmental Impact Report (EIR), a Vesting Tentative Map and a Development Plan; and

WHEREAS, c urrently, the GP/CLUP Open Space Element Figure 3 -5, Open Space Plan Map and the GP/CLUP Conservation Element Figure 4 -1, Special-Status Species and Environmental Sensitive Habitat Areas designate an Environmentally Sensitive Habitat Area (ESHA) and Sage Scrub/Dune/Bluff Scrub on the project site; and

WHEREAS, pursuant to General Plan Policy CE 1.5, a biological assessment of the site was analyzed in the EIR for the project and no ESHA or Sage Scrub/Dune/Bluff Scrub was found on the project site; and

WHEREAS the amendments to the GP/CLUP figures are set forth graphically in Exhibits A and B to this Resolution; and

WHEREAS the City Council considered the entire administrative record, Final EIR, Mitigation Monitoring and Reporting Program (“MMRP”), Statement of Overriding Considerations, including staff reports and oral and written testimony from interested persons.

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Heritage Ridge GPA Amendment
5 City Council Resolution No. 23-____

NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GOLETA:

SECTION 1. Environmental Assessment Findings. Resolution No. ____ certifies EIR (SCH #2015041014), adopts the MMRP and approves the Statement of Overriding Considerations, among other things, properly assesses the environmental impact of the Project in accordance with CEQA. This Resolution incorporates by reference the environmental findings and analys is set forth in Resolution No. ____ as if fully set forth herein.

SECTION 2. General Plan Amendment Findings . Pursuant to Goleta Municipal Code section 17.67.040(C), the City Council finds:

A. The General Plan Amendment is in the public interest pursuant to Government Code § 65358 as it will provide the City with accurate maps of Environmental Sensitive Habitat Area.

Biological surveys in table below were conducted by Rincon Consultants, hired by the City, indicating no sensitive biological resources were present on site , and updating the City’s GP/CLUP maps will reflect what is consistent with the vegetation located on the project site.

March 18, 2015, Reconnaissance survey
April 2, 2015 Wildlife (nesting bird habitat assessment) and botanical survey
June 10, 2015 Botanical survey
March 26, 2021 Reconnaissance survey

B. The procedures for processing amendments to the GP/CLUP have been followed as required by state and local laws including GP/CLUP Section 1.8 and Conservation Element Policy CE 1.5 . As stated in CE 1.5, if a site- specific biological study contains substantial evidence that an area previously shown as an ESHA on Figure 4 -1 does not contain habitat that meets the definition of an ESHA, then a map change is warranted. Based on the multiple biological assessments outlined above, corrections to the Figures 3-5 and 4-1 of the GP/CLUP is warranted.

Corrections to Figures 3-5 and 4-1 listed in Section 4 below will provide the City with accurate GP/CLUP maps of ESHA and Special Species on the project site.

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Heritage Ridge GPA Amendment
6 City Council Resolution No. 23-____
SECTION 3. Action: The City Council takes the following actions:

A. Direct staff to file a Notice of Determination with five (5) business days for the Heritage Ridge Project including the General Plan Amendment that tis the subject of this Resolution;

B. Approves the following General Plan Amendments:

1. Revise GP/CLUP Open Space Element, Figure 3 -5, Open Space Plan Map, to remove the ESHA designation on the project site , based on the findings outlined in Sections 1 and 2 above, as shown in Exhibit A.

2. Revise the GP/CLUP Conservation Element, Figure 4 -1, Special- Status Species and Environmentally Sensitive Habitat Areas, to remove the designation of Sage Scrub/Dune/Bluff Scrub on the project site , based on the findings outlined in Section s 1 and 2 above, as shown in Exhibit B.

SECTION 4. Reliance on Record. Each and every one of the findings and determinations in this Resolution are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the project. The findings and determinations constitute the inde pendent findings and determinations of the City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole.

SECTION 5. Limitations. The City Council analysis and evaluation of the project, including this Resolution, are based on the entire record, including the best information currently available. This includes competent and substantial evidence, both oral and written. It is inevitable that in evaluat ing a project that absolute and perfect knowledge of all possible aspects of the project will not exist. One of the major limitations on analysis of the project is the City Council ’s lack of knowledge of future events. In all instances, best efforts have been made to form accurate assumptions. Somewhat related to this are the limitations on the City's ability to solve what are in effect regional, state, and national problems and issues. The City must work within the political framework within which it exis ts and with the limitations inherent in that framework.

SECTION 6. Summaries of Information. All summaries of information in the findings, which precede this section, are based on the substantial evidence in the record. The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact.

SECTION 7. This resolution will remain effective until superseded by a subsequent Resolution.
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Heritage Ridge GPA Amendment
7 City Council Resolution No. 23-____

SECTION 8. The City Clerk is directed to mail a copy o f this Resolution to FLT Heritage Ridge TG, LLC, GF Frontier, LLC, and Red Tail Multifamily Land Development, LLC all at 2082 Michelson Dr, 4 th Floor, Irvine, CA 92612; and Housing Authority of the County of Santa Barbara, 815 W. Ocean Avenue, Lompoc, CA 93436; and to any other person requesting a copy.

SECTION 9. This Resolution will become effective immediately upon adoption.

SECTION 10. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED, AND ADOPTED this _____day of _______, 2023

______________________

PAULA PEROTTE
MAYOR

ATTEST: APPROVED AS TO FORM:

___________________ _______________________

DEBORAH LOPEZ MEGAN GARIBALDI

CITY CLERK CITY ATTORNEY

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Attachment 2
City Council Resolution No.23- ____
Heritage Ridge GPA Amendment
8 City Council Resolution No. 23-____

STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA ) ss.

CITY OF GOLETA )

I, DEBORAH LOPEZ, City Clerk of the City of Goleta, California, DO HEREBY CERTIFY that the foregoing Resolution No. 23-__ was duly adopted by the City Council of the City of Goleta at a regular meeting held on the ___ day of _______, 2023 by the following vote of the City Council:

AYES:

NOES:

ABSENT:

(SEAL)

_________________________

DEBORAH LOPEZ

CITY CLERK

225
EXHIBIT A OF ATTACHMENT 2

Amended GP/CLUP Figure 3-5
226
n
n
n
nn
n
n
n
n
n
n
n
UCSB
Isla Vista
Union Pacific RR
Cathedral Oaks Rd
Old San Jose Creek
Santa Barbara Airport

Hollister Ave
Glen Annie Rd
Cathedral Oaks Rd
Storke Rd
Calle Real
Fairview Ave
Phelps Rd
Hollister Ave
Hollister Ave
Calle Real
Mesa Rd
Patterson Ave
La Patera Ln
El Colegio Rd
Los Carneros Rd
Kellogg Ave
Fairview Ave
Goleta Slough
Devereux Slough

Campus Lagoon
Los Carneros
Lake
Rancho Goleta
Lake

San Jose Creek
San Pedro Creek
Tecolote Creek Glen Annie Creek
Las Vegas Creek
Los Carneros Creek
Maria Ignacio Creek
Ellwood Canyon Creek
Winchester Canyon Creek El Encanto Creek
Bell Canyon Creek

Atascadero Creek
Devereux Creek
San Antonio Creek
Goleta Pt
Goleta Pier
Coal Oil Pt
Ellwood
Pier
£¤101
£¤
101
rs217
Pacific Ocean
Figure 3-5

OPEN SPACE PLAN MAP

GENERAL PLAN/COASTAL LAND USE PLAN
January 2023
±
0 1,200 2,400
Feet
Open Space for Managed
Production of Resources
Open Space for Public
Health and Safety
Flood Plain(See Note)
Tsunami Run-up Areas(See Note)
Agriculture
Other Features
Schoolsn
Creeks
Coastal Zone
Goleta City Boundary
Tsunami run-up areas and flood plain information are shown in Safety Element Figure 5-2.Note:Legend Open Space for Outdoor Recreation
Open Space for Preservation
of Natural Resources
Active Park Sites
Passive Parks /Open Space Areas
Private Recreational Areas
Environmentally Sensitive Habitat Areas
Amended by Reso. 09-59, 11/17/09
Amended by Reso. 12-46, 7/17/12
Amended by Reso. 15-03, 1/20/15
Amended by Reso. 17-46, 10/17/17
Amended by Reso. XX-XX, x/x/xxxx
DRAFT
227

EXHIBIT B TO ATTACHMENT B

Amended GP/CLUP Figure 4-1
228
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[¨
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[¡
[à
[«
[¨
! ! !
!
[(
[(
[(
[(
[(
[à
[b
[b[b
[b
[b
[Ç
"Ç
[Ç
[b
[b
[b
[Ç
^_
^_ ^_
^_
^_
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^_ ^_ ^_
^_
^_
^_
^_
^_ ^_
^_ ^_ ^_
^_
^_
^_
^_
^_
UCSB
Isla Vista
Union Pacific RR
Cathedral Oaks Rd
Old San Jose Creek
Santa Barbara Airport

Campus Lagoon
Los Carneros
Lake
Rancho Goleta
Lake

San Jose Creek
San Pedro Creek
Tecolote Creek Glen Annie Creek
Las Vegas Creek
Los Carneros Creek
Maria Ignacio Creek
Ellwood Canyon Creek
Winchester Canyon Creek El Encanto Creek
Bell Canyon Creek

Atascadero Creek
Devereux Creek
San Antonio Creek
Goleta Pt
Goleta Pier
Coal Oil Pt
Ellwood
Pier
Pacific Ocean
£¤101
£¤
101
rs217
Figure 4-1

SPECIAL-STATUS SPECIES AND

ENVIRONMENTALLY SENSITIVE HABITAT AREAS

GENERAL PLAN/COASTAL LAND USE PLAN
January 2023
±
0 1,200 2,400
Feet
Legend
Environmentally Sensitive Habitats Other Features
Goleta City
Boundary
Coastal Zone
n Schools
Creeks
Native Grassland
Special-Status Species
Cooper's Hawk Nest[Ç
[b Kite Nest
[Ç Red-Tailed Hawk Nest
[à Globose Dune Beetle
[b Vulture Roost
[« Western Snowy Plover
[¡ Tidewater Goby
! Red-Legged Frog
"Ç
Red-Shouldered
Hawk Nest
[¨ Santa Barbara Honeysuckle
[¨ Black-Flowered Figwort
Southern Tarplant[(
^_ Ellwood Main Monarch Grove
Critical Habitat for the
Western Snowy Plover
Beach and Shoreline
Unvegetated Open
Creek Channel
Open Water
Riparian/Marsh/Vernal Pool
Sage Scrub/Dune/
Bluff Scrub
Native Upland Woodlands
/Savannahs
Monarch Butterfly and/or
Raptor Roosting Habitat
^_ Monarch Butterfly Aggregation
Sources:Habitat mapping conducted by Jones & Stokes in April-May 2006 based on aerial imagery (1-foot resolution) and field observation, merged with 1) information on the occurrence of special status habitats and species collected by City from recent information from local environmental review ; 2) mapping of creeks, ponds, lakes and reservoir location based on USGS topographic map review and habitat management plan documents, air photo interpretation, and field survey; and 3) review of California Natural Diversity Database (CNDDB) records by Jones & Stokes for occurrence of special status species in the Goleta and Dos Pueblos quadrangles and vicinities (2006 databases).

Habitats reflect those comprising an ESHA.

ESHA locations are approximate. Any area not designated on the ESHA map that meets the ESHA criteria shall be accorded the same protections as if the area was shown on the map. ESHA buffers are not shown on this map. Refer to the applicable policy in the General Plan for the specific buffer widths.

Note:

Amended by Reso. 09-59, 11/17/09
Amended by Reso. 12-46, 7/17/12
Amended by Reso. 15-03, 1/20/15
Amended by Reso. XX-XX, X/XX/XXXX
DRAFT
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ATTACHMENT 3

Heritage Ridge Residential Project
Vesting Tentative Map Resolution
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1 RESOLUTION 23 - ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GOLETA, CALIFORNIA

APPROVES THE VESTING TENTATIVE MAP TO MERGE AND RESUBDIVIDE

THIRTEEN LOTS INTO FOUR LOTS (THREE RESIDENTIAL LOTS AND ONE PARK LOT) FOR THE HERITAGE RIDGE RESIDENTIAL PROJECT, APNS 073 -060-031 THROUGH -043; CASE NO. 14-049 VTM

WHEREAS, on May 20, 2014, the Towbes Group submitted an application requesting approval of a General Plan/Local Coastal Land Use Plan (GPA/CLUP) amendment (GPA) to the Open Space Element and Conservation Element; a Vesting Tentative Map (VTM); and a Development Plan with Modification, for the development of 360 residential apartments and associated improvements on the parc els east of South Los Carneros Road and north of Camino vista Road, APNs 073 -060-031 through -043; and
WHEREAS, on September 12, 2014, the application including the VTM was updated with additional required materials; and

WHEREAS, on October 1, 2014, the application was found to be complete; and

WHEREAS the rules for processing the VTM for the Heritage Ridge Residential Project were vested under the Subdivision Map Act Section 66474.2 “Date Application for Tentative Map is Deemed Complete is the Basis for Standards to be Applie d to the Approval of the Tentative Map”; and

WHEREAS other parts of the Project not considered in this VTM Resolution include a General Plan Amendment (“GPA”) , a Development Plan (“DP”), a public right- of way relinquishment and acquisition; and acquisition of an approximate two-acre public park; and

WHEREAS, pursuant to Section 21067 of the Public Resources Code, and Section 15367 of the State CEQA Guidelines (Cal. Code Regs., tit. 14, §§ 15000 et seq.), the City of Goleta is the lead agency for the proposed Project; and

WHEREAS, in accordance with State C EQA Guidelines Section 15082, on April 6, 2015, the City sent to the Office of Planning and Research and each responsible and trustee agency a Notice of Preparation (“NOP”) stating that an Environmental Impact Report (State Clearinghouse #2015041014) would be prepared; and

WHEREAS nine comment letters were received in response to the NOP; and

WHEREAS pursuant to Public Resources Code Section 21083.9 and State CEQA Guidelines Sections 15082€ and 15083, the City held a duly noticed Scoping Meeting on 231
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April 29, 2015 to solicit comments on the scope of the environmental review of the proposed Project and four comments were received; and

WHEREAS a Draft Environmental Impact Report (“Draft EIR”) was prepared, incorporating comments received in response to the NOP; and

WHEREAS pursuant to State CEQA Guidelines Section 15087(e), the Draft EIR was circulated for at 52 -day public review and comment period from June 17, 2016 to August 8, 2016; and

WHEREAS, during the public review and comment period, the City consulted with and requested comments from all responsible and trustee agencies, other regulatory agencies, and others pursuant to State C EQA Guidelines Section 15086, and held an Environmental Hearing Officer meeting on July 20, 2016 to receive verbal public comments on the Draft EIR, where one comment was received; and

WHEREAS the City received fourteen written comment letters on the Dr aft EIR; and

WHEREAS, in March of 2020, Redtail Multifamily Land Development, LLC became the applicant and took over Project processing , and also entered into a partnership agreement with the Housing Authority of the County of Santa Barbara (HASCARBO); and

WHEREAS the current owners are FLT Heritage Ridge TG, LLC and GF Frontier, LLC, and the applicant/permittees are Red Tail Multifamily Land Development, LLC and HASCARBO; and

WHEREAS, in January 2021, the Project was revised to include an affordable housing component; reduce the total number of housing units from 360 to 332 units; provide increased right-of-way along Los Carneros Road, resulting in a building setback shift along this roadway; a request for a Streamside Protection Area (SPA) buffer reduction of up to 33 feet in the northeast corner of the Project site; and address the updated CEQA Guidelines and thresholds; and

WHEREAS the revised Heritage Ridge Residential Project (the “Project”) has been redesigned to develop 332 housing units (102 affordable with 2 manager units, and 228 market-rate) in eight buildings as well as two additional recreational buildings and a public park on a 17.36-gross acre site within the Inland Area of the City of Goleta; and

WHEREAS the Project is on a currently vacant site north of Camino Vista and east of South Los Carneros Road, comprised of Assessor’s Parcel Numbers 073 -060-031 through -043, in the City of Goleta, in Santa Barbara County; and 232
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WHEREAS the Project requires approvals of a General Plan Amendment (14-049- GPA), Development Plan (14 -049-DP) with a parking concession as a density bonus project, and Vesting Tentative Map (14 -049-VTM); approval from the Design Review Board (14-049-DRB); approval of a road easement vacation and acquisition; a two -acre park acquisition (a 1.85 acre park and a 0.15 acre easement over 13 public parking spaces), and approval of a Park Fee credit for the Affordable Housing Units; and

WHEREAS, on April 29, 2021, to address updated CEQA requirements and the redesign of the Project, a Revised Draft EIR was prepared and initially released for a 45- day public review and comment period; and

WHEREAS, shortly after the initial release of the Revised Draft EIR for public review, it was determined that the public comment period should be restarted due to a noticing error as one of the revised topic areas was not listed in the notice. After correcting the notice, the Revised Draft EIR was recirculated for a 45 -day public review and comment period from May 14, 2021 to June 28, 2021 and the City held an Environmental Hearing Officer meeting on June 16, 2021, where six comments were received; and

WHEREAS the City received seven written comment letters on the Revised Draft EIR; and

WHEREAS the Revised Draft EIR determined that mitigation measures were required to mitigate impacts to a less than significant level for the following resource areas: aesthetics, biological resources, cultural resources, geology and soils, hydrology and water quality, and tribal cultural resources; and

WHEREAS the Revised Draft EIR further concluded that despite the incorporation of all feasible mitigation measures, the prop osed Project would nonetheless result in significant and unavoidable impacts relating to cumulative cultural resource impacts, construction noise, and solid waste (project level and cumulative); and

WHEREAS, in accordance with State CEQA Guidelines Section 15085, a Notice of Completion was prepared and filed with the Office of Planning and Research on April 29, 2021; and

WHEREAS as required by State CEQA Guidelines Section 15087(a), the City provided Notice of Availability of the Revised Draft EIR to the public at the same time that the City sent Notice of Completion to the Office of Planning and Research on April 29, 2021; and

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WHEREAS, during the public comment period, copies of the Revised Draft EIR and technical appendices were available for review and inspection on the City’s website; and

WHEREAS, subsequent to public review of the Revised Draft EIR, the grading plan was revised to reduce soil export, the site plan was revised to reduce total park ing, and increase open space in order to achieve a 100 -foot buffer from the Los Carneros Creek Streamside Protection Area; and

WHEREAS, pursuant to Public Resources Code Section 21092.5, the City provided copies of its responses to commenting public agen cies at least ten (10) days prior to the City’s Planning Commission initially planned consideration of the Final EIR on February 28, 2022; and

WHEREAS, at the request of the public in order to allow the public ample time to review the Final EIR, the Ci ty chose not to hold the February 28, 2022 Planning Commission hearing and continued the matter to March 28, 2022; and

WHEREAS the Planning Commission commenced review of the project and started taking public comments regarding the adequacy of the Final EIR and the merits of the project on March 28, 2022 and April 25, 2022; and

WHEREAS the Planning Commission continued the review from the April 25, 2022 to allow staff time to respond to the verbal and written comments received; and

WHEREAS the City has revised the Final EIR to add a Preface to the beginning of the Final EIR that summarizes the changes and responds to late comments received 10 months after the close of the public comment period; and

WHEREAS, on February 15, 2022 and October 13, 2022, the City released the initial and revised Final EIR (“Final EIR”), which consists of the Draft EIR, Revised Draft EIR, all technical appendices prepared in support of the Draft EIR and Revised EIR, all written comment letters received on the Draft EIR and Revised Draft EIR, written responses to all written comment letters received on the Draft EIR and Revised Draft EIR, and errata to the Draft EIR, Revised Draft EIR and technical appendices; and

WHEREAS the “EIR” consists of the Final EIR and its attachments and appendices, as well as the Draft EIR and its attachments and appendices, a nd the Revised Draft EIR and its attachments and appendices (as modified by the Final EIR); and
WHEREAS all potentially significant adverse environmental impacts were sufficiently analyzed in the EIR; and
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Vesting Tentative Map
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City Council Resolution No. 23- ____

WHEREAS, as contained herein, the City has endeavored in good faith to set forth the basis for its decision on the Project; and

WHEREAS, on November 14, 2022, the Planning Commission held a noticed public hearing on the merits of the Development Plan and associated components, at which time all interested persons were given an opportunity to be heard . The Planning Commission, on a 5 -0, recommended approval to the City Council of the Vesting Tentative Map; and

WHEREAS no comments made in the public hearings conducted by the City and no additional information submitted to the City have produced substantial new information requiring recirculation of the EIR or additional environmental review of the Project under Public Resources Code Section 21092.1 and State CEQA Guidelines Section 15088.5; and

NOW THEREFORE BE IT RESOLVED BY THE GOLETA PLANNING COMMISSION:

SECTION 1. Factual Findings. The City Council finds as follows:

a. The property consists of 17.36 total gross acres with 14.07 net developable acres.

The property has a General Plan land use designation of Residential Medium Density, an Affordable Housing Opportunity Site designation and is located in the General Plan’s C entral Hollister Residential Development Area that permits a density of 25 units per acre. The Project has a density of 23.6 units per acre consistent with the Affordable Housing Opportunity site maximum density allowance of 25 units per acre. Exhibit 2 co ntains the Project General Plan Consistency Analysis.
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b. The Project includes a request for a VTM to merge 13 lots and re -subdivide into 4 lots, for the construction of 40 senior affordable rental apartment units (62 years and older), 62 family affordable apartment units and two manager’s units , 228 market rate rental apartment units and an approximately 2-acre public park to be dedicated to the City. Lots 1 and 2 (for the affordable units) and Lot 4 (market-rate units) each has private open space and its own recreational amenities.

c. Along with developing the 228 market -rate units on Lot 4, the owners/permittee of Lot 4 will grade and install utility connections to Lots 1 and 2, and will also construct the park, including the parking spaces.

d. The site is vacant with large mounds of soil stored on the property. Approximately 92,000 cubic yards of soil will be exported from the site.

e. The property is gently sloping with the removal of the fill soil and has an irregular shape.

f. The property has adequate ingress and egress from Camino Vista that meets Fire Department requirements.

g. The factual findings in this Section are based upon substantial evidence found within the entirety of the administrative record.

SECTION 2. Environmental Assessment Findings

Resolution No. ____ certifi es Final EI R (SCH #201 5041014), adopt s findings under CEQA, and adopts the MMRP and the St atement of Overriding Considerations, and among other things, properly assesses the environmental impac t of the Project in accordance with CEQA. This Resolution incorporates by reference the environmental findings and analysis set forth in Resolution No. ____ as if fully set forth herein.

SECTION 3. Vesting Tentative Map Findings

The City Council makes the following findings pursuant to Government Code §§ 66473.1, 66473.5, 66474(a-g), and 66474.6, for the VTM (copy of VTM provided as Exhibit 1 ).

Based upon those findings, the City Council determines that the facts would not support findings for denial under Government Code § 66474:

a. A Tentative Map shall provide, to the extent feasible, future passive or natural heating or cooling opportunities in the subdivision (SMA § 66473.1) 236
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City Council Resolution No. 23- ____

The design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision given the size and shape of the proposed lots. The subdivision will incorporate energy conservation measures into the building design. All new residential buildings must comply with the energy efficiency standards set forth in the Goleta Municipal Code, and with the CalGreen+ Building Code standards.

b. Subdivision must be consistent with general plan or specific plan (SMA § 66473.5 and 66474(a)).

There is no specific plan applicable to the project site. The proposed subdivision design and improvements are consistent with the General Plan, as the subdivision is designed to provide adequate access, parkin g, drainage and utilities to serve the proposed uses. The multi-residential use is consistent with the GP/CLUP land use designation of Residential Medium Density, designed for market-rate and low- income apartments. As set forth in the General Plan Consistency analysis (Exhibit 2), incorporated herein by reference, this project, including the proposed subdivision meets the goals and objectives of the General Plan regarding land use (LU 4.1 & 4.2).

c. The design or improvement map of the proposed subdivision is consistent with applicable general and specific plans (SMA § 66474(b)).

The Project VTM is consistent with the GP/CLUP for the reasons set forth in the General Plan Consistency Analysis (Exhibit 2). Further, t he VTM site has a GP/CLUP land use designation of Residential Medium Density and a Central Hollister Residential Affordable Housing Opportunity Site that requires a density between 20 to 25 units per acre. The P roject has a density of 23.6 units per acre consistent with the density requirements associated with this Affordable Housing Opportunity Site. Further, the project includes a parcel for a two-acre public neighborhood park that the developer will construct and dedicate to the City to meet the GP/CLUP Open Space Element requirement s for this site as shown in Figure 3-5 and Table 3-1 of the GP/CLUP.

d. The site is physically suitable for the type of development proposed (SMA § 66474(c)).

The site is physically suitable for the type of development, given the gently sloping topography, its size, and access to existing infrastructure. The type of development includes ten residential apartment buildings and a n approximate 2-acre public neighborhood park. The VTM includes 17.36 gross acres (14.07 net developable 237
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City Council Resolution No. 23- ____

acres) and can accommodate the development including its density of 23.6 units per acre for a total of 332 units as well as the infrastructure proposed by the Project. The site is located adjacent to existing infrastructure located within the Camino Vista and Calle Koral rights-of-way. The Project provides a public sidewalk along the north side of Camino Vista and the east side of Calle Koral. Moreover, the site is located close to existing public infrastructure that is appropriately sized to accommodate the additional demands of the apartment units including, without limitation, existing public streets, U.S. Highway 101, utility lines (e.g., water, sewer, gas electricity and communications), and bus service routes. Elementary and secondary public education facilities are available in the City to serve students from the Project. Also, the University of California Santa Barbara is located adjacent to the City which the Project may provide needed housing to serve university staff, students and professors.

e. The site is physically suited for the proposed density of development (SMA § 66474(d)).

The site is physically suitable for the proposed density of development. The GP/CLUP permits 25 units per acre. The site has a permitted residential density of 20 to 25 units per acre. The development will have building coverage of 23.6% of the net site area, which is less than the maximum of 30%. Common open space is

40.36% of the net site area, which is consistent with the minimum requirement for 40%. In addition to the development, the site provides a n approximately two-acre public park, pedestrian paths, a turf play space, and picnic area. Furthermore, the site is physically suitable for the proposed density of development for the reasons set forth in the administrative record including, without limitation, the Final EIR and the Zoning Consistency Analysis (Exhibit 3).

The owner/developer of the site (FLT Heritage Ridge TG, LLC and GF Frontier, LLC) will grade Lots 1 and 2 (the site of the Affordable Senior and the Affordable Family housing units, respectively) and extend utilities to the Lots so that the Lots will be ready for development once funding is secured. HACSB intends to construct the housing units as soon as funding becomes available but there is not a specific timeframe when these units would be built and operational.

f. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidabl y injure fish or wildlife or their habitat (SMA § 66474(e)).

The design of the subdivision and the proposed improvements are unlikely to cause substantial damage or substantially and avoidably injure fish or wildlife or their habitat . The subdivision site does not have fish, special-status species or 238
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City Council Resolution No. 23- ____

Environmental Sensitive Habitat Area (“ESHA”). For the reasons set forth in the Final EIR and the MMRP, the Project’s environmental impacts will be mitigated to the maximum extent feasible. However, the project will have Class 1 environmental impacts in areas other than biologically resources that require the adoption of a Statement of Overriding Considerations.

g. The design of the subdivision or type of improvements is not likely to cause serious public health problems (SMA § 66474(f)).

The design of the subdivision including the proposed apartment units and public park are unlikely to cause serious public health problems. As set forth in the Final EIR, MMRP and Statement of Overriding Con siderations, the project’s impact on public health and safety is minimal. Further, the Project proposes to enhance the north side of Camino Vista with the provision of a public sidewalk to improve pedestrian safety.

h. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision (SMA § 66474(g)).

The de sign of the subdivision or the type of improv ements will not conflict wit h easements, acquired by the public at large, for access through or use of property within the propose d subdivision. Existing easements for roadway purposes along S. Los Carneros Road via Maya and Via Luisa and an existing landscape easement along Calle Koral will be vacated with the map as these easements are no longer needed, which will be delineated on the Final Map per SMA § 66445(j) and 66499.202.2.

i. The governing body of any local agency shall determine whether discharge of waste from the proposed subdivision into an existing community sewer system would result in violation of existing requirements prescribed by a California Regional Water Quality Control Board pursuant to Division 7 (commencing with §13000) of the Water Code (SMA § 66474.6).

Wastewater resulting from the Project would be collected and treated by the Goleta West Sanitary District (“GWSD”). GWSD has sufficient infrastructure to undertake this task. Accordingly, wastewater discharge into the community sewer system will not result in violation of existing law. Additionally, the Project has adequate water allocation provided by the Goleta Water District (GWD) through a water allocation agreement between the developer and GWD.

SECTION 6. Actions. The City Council takes the following actions:
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City Council Resolution No. 23- ____

A. Approves the Vesting Tentative Parcel Map (provided as Exhibit A) based on the findings contained in Sections 1-3, the General Plan Consistency Analysis (Exhibit B), the Zoning Consistency Analysis (Exhibit C) subject to conditions of approval provided as Exhibit D to this Resolution.

SECTION 7. Reliance on Record. Each and every one of the findings and determinations in this Resolution are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the project. The findings and determinations constitute the inde pendent findings and determinations of the City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole.

SECTION 8. Limitations. The City Council analysis and evaluation of the project, including this Resolution, are based on the entire record, including the best information currently available. This includes competent and substantial evidence, both oral and written. It is inevitable that in evaluating a project that absolute and perfect knowledge of all possible aspects of the project will not exist. One of the major limitations on analysis of the project is the Planning Commission’s lack of knowledge of future events. In all instances, best efforts have been made to form accurate assumptions. Somewhat related to this are the limitations on the City's ability to solve what are in effect regional, state, and national problems and issues. The City must work within the political framework within which it exists and with the limitations inherent in that framework.

SECTION 9. Summaries of Information . All summaries of information in the findings, which precede this section, are based on the substantial evidence in the record.

The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact.

SECTION 10. This Resolution will remain effective until superseded by a subsequent Resolution.

SECTION 11. The City Clerk is directed to mail a copy of this Resolution to FLT Heritage Ridge TG, LLC, 2082 Michelson Dr, 4 th Floor, Irvine, CA 92612; Housing Authority of the County of Santa Barbara, 815 W. Ocean Avenue, Lompoc, CA 93436; the Towbes Group, 21 E. Victoria Avenue, Suite 200, Santa Barbara Ca 93101; and, to any other person requesting a copy.

SECTION 12 .This Resolution will become effective immediately after adoption.

SECTION 13.The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. 240
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City Council Resolution No. 23- ____

PASSED, APPROVED AND ADOPTED this ____ day of _______ 2023.

__________________________

PAULA PEROTTE
MAYOR

ATTEST: APPROVED AS TO FORM:

_________________________ __________________________

DEBORAH LOPEZ MEGAN GARIBALDI

CITY CLERK CITY ATTORNEY
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City Council Resolution No. 23- ____

STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA ) ss.

CITY OF GOLETA )

I, DEBORAH LOPEZ, City Clerk of the City of Goleta, California, DO HEREBY CERTIFY that the foregoing Resolution No. 23- __ was duly adopted by the City Council of the City of Goleta at a regular meeting held on the ___ day of _______, 20 23 by the following vote of the Planning Commission:

AYES:

NOES:

ABSENT:

(SEAL)

_________________________

DEBORAH LOPEZ

CITY CLERK

Attachments:

Exhibit A – Vesting Map Figure
Exhibit B - General Plan Consistency Analysis
Exhibit C – Zoning Consistency Analysis
Exhibit D – VTM Conditions
Exhibit 1 – Agency Letters

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EXHIBIT A TO ATTACHMENT 3

HERITAGE RIDGE PROJECT

VESTING MAP
243
DRAFT
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EXHIBIT B TO ATTACHMENT 3

HERITAGE RIDGE PROJECT

GENERAL PLAN CONSISTENCY ANALYSIS
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Exhibit B to City Council Resolution No. 23-___
GP/CLUP Consistency Analysis
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Heritage Ridge Residential Project
General Plan/Coastal Land Use Plan
Consistency Analysis

The project is consistent with the Goleta General Plan/Coastal Land Use Plan (GP/CLUP) as described below.

1. Land Use Element: The project is consistent with the Land Use Element and in particularly GP/CLUP policies LU 2.1, LU 2.2, LU 2.6 and as described in Table 2-1 of the GP/CLUP relating the medium density residential uses. The proposed housing project is consistent with the intensity standards listed in Table 2 -1 regarding maximum1 and minimum density, height, and lot coverage ratio for the R esidential- Medium Density (R-MD) category. The project is a multi-unit apartment development consistent with the R-MD and use category designated for the site . R-MD developments can serve as a transition between business uses to the east and single- family neighborhood to the west in Village at Los Carneros as outlined in LU 2.6 .

Further, the 17.36-gross acre site (14.07 net developable acres) is designated as an Affordable Housing Opportunity (AHO) Site within Central Hollister Corridor (CHC), as outlined in LU 8. The intent of the CHC is to facilitate infill residential development on existing vacant parcels in the Centr al Hollister area and in a transit-accessible area.

The GP/CLUP recognized that the future residential uses would be interspersed with existing commercial business and existing residential development which this project does consistent with policy LU 8.1.

At the time of GP/CLUP adoption, the City Council determined the residential uses would be compatible in the CHC area to create a mixed-use neighborhood with access to transit and commercial services , including bus sto ps on Hollister Avenue , access to U.S. 101, and the Amtrak regional transportation corridors . The Heritage Ridge project is the last of the residential project proposed with the CHC and would complete policy LU 8.

As indicated, the site is an AHO site, which requires development density between 20-25 units per acre (LU 8, LU 8.2). The Project has a density of 23.6 units per acre.

The Project includes 41 senior affordable units, 63 family affordable units, and 228 market-rate units for a total of 332 rental units. The applicant has voluntarily chosen to provide the 104 affordable units (102 rental units with 2 manager units), which will be available to low and very low -income households. The project is consistent with neighborhood compatibility (LU 1 .8, LU 8.5 ) based on the design of various pro ject components, including architecture, landscape design, a mix of unit sizes and recreational amenities for residents. With Design Review Board review and input, the

1 The maximum density is allowed to be 25 du/ac in accordance with footnote 5 to Table 2-1 of the GP/CLUP.
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GP/CLUP Consistency Analysis
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project would be compatible with the Land Use Element policies relating to new development policies namely LU 1.8, LU 1.9, LU 1.10, and LU 2.3 for site and building design. Also, the project design will be compatible with the character of the existing mix of residential and industrial use s in the immediate area of in terms of size, bulk, scale and height with Design Review Board findings. On-site massing is consistent with the residential neighborhood found in Willow Springs 1 and 2 and the apartment units and People Self-Help Housing complex located directly to the west across Los Carneros Road in Village at Los Carneros. Adequate open space areas are provided that include both private common spaces and approximately 2-acre public park. The project will be adequately served by existing public services and infrastructure as required by policies LU 1.13 and LU 11.1 and as is further discussed in the Public Facilities and Transportation Element analysis

2. Open Space Element: The project is consistent with the Open Space Element, given the dedication and construction of a neighborhood park in keeping with General Plan Open Space Policy 6.4, Table 3-1 and Figure 3-2. Figure 3-2 specifically denotes that a public park is to be provided in this location as part of the Willow Springs III (former name of the project) project site.

Open Space Policy OS 6.4 states:

Neighborhood Parks. Neighborhood parks provide the nearby residential neighborhood with active recreational activities for a variety of age groups. The following standards shall apply to neighborhood parks:
a) The typical service area radius shall be 0.5 miles.
b) The typical size shall be less than 10 acres
c) Neighborhood parks should be easily accessible to the surrounding neighborhood populations through safe pedestrian and b icycle access.

Neighborhood parks do not generally require onsite parking, although a limited amount of parking may be provided.
d) Typical facilities provided in neighborhood parks include playgrounds and associated equipment, picnic tables, open undeveloped areas, lawns or grassy areas for field games, and benches.
e) Neighborhood parks maybe developed as a school park or community center park.

Within a 0.5-mile radius of the park site, there will be a total of 1,132 residential units with the majority of t hem being attached units with little private yard spaces. Thes e units include Willow Springs I (235 units), Willow Springs II (100 units), VLC (465 units) and Heritage Ridge (332 units). At 2.89 persons per household2, there would be over 3,270 people living near the park site once the Heritage Ridge project is constructed.

The park has been designed with a variety of amenities to serve the recreational needs of the residents and business employees in the immediate vicinity which could include individuals (of various ages) and families with young children. In addition, the park is

2 California Department of Finance Persons Per Household for Santa Barbara County estimate for 2020 248
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accessible via sidewalks and bike lanes. Further, the park design includes 13 dedicated off- street parking spaces for users of the park who choose to drive to the site. The location of the park would also serve many employees in the area who may use the park during the day for breaks or lunch given the close proximity and ease of access via existing streets and sidewalks.

The approximately 2-acre Park is sited atop the k noll in the center of the 17.36 -acre site with a design featuring a level grassy playground and picnic area surrounded by native flowing plants, shrubs, and trees selected in consultation with local Chumash tribal representatives. The Park and plant palett e is designed to provide a sense of wild nature within an expansive open space, shaded in part by native trees. In addition, there are areas of native vegetation planned with large amounts of Coastal Sage Scrub, some Oak Woodlands and native grasses.

Given the size of the land available , its topography, and the sensitive resources present, the proposed park improvements may be found consistent with the OS 6.4 as the design includes most if not all of the items listed in OS 6.4.

All park options meet the Open Space Element and ultimate design will be determined by the City Council:

Low Active Park (Option 1)
o All the same elements as Original Park Design (Option 2) but without fitness equipment stations. The amount of grassy lawn area remains the same at approximately 8,712 sq. ft as does the native grass meadow area at 4,708 sq. ft. No basketball court or golf disc is proposed with this option.

Moderate Active Park (Original Park Design) (Option 2)
o Approximately 8,712 square feet of lawn area,
o Playground and tot lot,
o Picnic area,
o Walking/jogging path through the middle and around the northern perimeter of the park,
o 10 fitness equipment stations (similar to the equipment at Jonny D. Wallis Neighborhood Park),
o Approximately 4,708 square feet of native grass meadow, o Approximately 640 square feet of area surfaced with tan pour in place fall surfacing that would feature renditions of Chumash structures (Chumash village) to serve as an educational space. This area will function as a 2–5- year-old learning environment, meaning children would not be able to climb on the structures,
o Approximately 1,200 square feet of a native interpretive garden.

More Active Park (Option 3)
o All the same elements as Original Park design (Option 2) but with the with addition of a half basketball court and golf disc areas. These added 249
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recreational elements reduce the lawn area to 6,623 sq. ft. (2,089 less sq. ft. of lawn area).

Recreation facilities in the private portions of the development include a pool, spa, gym and a children’s play area. Two large stormwater detention basins provide open space within the development. One basin would be developed with a turf play area and the other provides landscaped open space. Sidewalks along Calle Koral and Camino Vista and a network of pathways through the site provide pedestrian access throughout the site.

Further, the project is consistent with policy OS 8 in that the park area will also serve to protect an archeological site. Mitigation Measures for site-specific cultural impacts are provided for preservation and monitoring as required in the EIR , which is consistent with OS Policies 8.3 through 8.6. The park design and the two alternatives have been developed in conjunction with input from the Barbareño Band of Chumash Indians (BBCI). The park design includes placement of a memorial plaque and landscape materials important to the Chumash with native plants within the park area.

The BBCI found the siting of the various park facilities, the various planned recreational amenities, and the landscaping design to be appropriate, while respecting and preserving the integrity of the archaeological and tribal cultural resources found on the site. A Statement of Overriding Considerations must be adopted by the City for an EIR Class I (significant and unavoidable) cumulative cultural resource impact. This Class I impact results from the previous and proposed impacts to the cultural site (CA- SBA-56) creating a significant loss of this village site.

3. Conservation Element: The project is consistent with the Conservation Element. The project includes a General Plan Amendment to remove map designations of Environmentally Sensitive Habitat Area (ESHA) and S pecial Status Species on the project site for Sage Scrub/Dune/Bluff Scr ub (CE Figure 4.1). Such habitat has not been identified on the project site based on multiple biological studies (preparers and dates listed in Table 1 below) discussed in the associated Final Environmental Impact Report. Based on the studies prepared and confirmed through peer reviews and/or additional field work by Rincon Consulting on behalf of the City , coastal sage scrub habitat community is not present on the site. The project site contains a small quantity of native purple needle grass, which was planted for erosion control purposes after an earlier grading project on the site . T herefore, these grasses are not considered sensitive (CE 5.2). Based on biological survey results and analysis within the Final Environmental Impact Report ( SCH#2015041014), special status plant and wildlife have a low potential to occur on -site. Mitigation would reduce potential impacts to nesting birds and wildlife movement in accordance with policies CE 8.1, CE 8.2 and CE 8.3.

Table 1
Date Type of Reports Prepared by and/or
Peer Review
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April 15, 2013 Biological/Wildlife Corridor
Assessment
Dudek (Applicant)
April 10, 2014 Technical Review of Coastal Sage
Scrub ESHA
Dudek (Applicant)
March 18,
2015
Reconnaissance survey Rincon Consultants
(City)
April 2, 2015 Wildlife (nesting bird habitat
assessment) and botanical survey
Rincon Consultants
(City)
June 10, 2015 Botanical survey Rincon Consultants
(City)
March 26,
2021
Reconnaissance survey Rincon Consultants
(City)

The project complies with Policy CE 2.2 (Streamline Protection Areas) in meeting the 100’ setback from Streamline Protection Area (SPA) from Los Carneros Creek which is located on the north side of the adjacent active Railroad line . The applicant has undertaken several redesign iterations of project and engineering designs to achieve the 100’ SPA buffer.

The project complies with requirements for drainage and runoff as stated in CE 2.5 and CE 2.6. Project mitigation measures require the development to utilize best management practices for stormwater management to capture stormwater runoff for biofiltration treatment and sediment collection so impacts on water quality are minimized as required by policies CE 10.1, CE 10.2, CE 10.3, CE 10.4, CE 10.6, and CE 10.7. The Project Management must maintain all stormwater management facilities serving the project in compliance with CE 10.8. Further, as directed in policy CE 10.9, the landscaping incorporates the use of native and noninvasive plants to minimize the need for fertilizer, pesticides, herbicides, and excessive irrigation.

The project site is located within 500 feet of U.S. Highway 101 and the Union Pacific Railroad, potentially exposing residents to air pollutants. Mi tigation measures in the Final EIR require door and window sealant and indoor air filtration to minimize exposure to air pollutants from US 101 to implement policy CE 12.1. According to a Health Risk Assessment completed for the project site, all proposed residences must be equipped with enhanced ventilation systems (rated MERV 13 or better) to remove Diesel Particulate Matter (DPM) from the air due to the proximity of the rail and vehicle corridor. With implementation of this mitigation, the project is con sistent with the Conservation Element Policy CE -12.1 to minimize health risks to residents located within 500 feet of the U.S. 101.

In addition, the project will comply with the regulations and requirements of the Santa Barbara Air Pollution Control District during construction as provided for in CE 12.3.

The provision of additional affordable and market rate housing in Goleta will help 251
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reduce vehicle mile travel and thereby minimize the potential to increase emissions as stated in CE 12.2. The project Final EIR found that construction-related and long- term emissions impacts would be less than significant.

The project is located in the Central Hollister Residential Development Area as specified in the General Plan. This area is close to retail/commercia l centers and job opportunities. As stated in policy CE 12.4, the CHC is designed to provide new housing near existing workplaces and commercial service to encourage short trips by foot and bicycle; to provide new housing near existing bus routes with convenient and high frequency services; provide new housing near the US 101 ramps so as to minimize the length of auto trips on streets within the community ; and provide hew housing at locations near the Amtrak line. This site and development meet the purpose of this policy.

As conditioned and in line with policy CE 13.1 , the development of the project will comply with the CalGreen+ standards of the City’s Green Building regulations to make all new homes solar and electric vehicle-ready; reduce potable water use for exterior landscaping by 40 percent and interior water use by 30 percent, thereby meeting or exceeding the mandatory thresholds for potable conservation required by CalGreen legislation; and reducing construction waste by 65 percent . In addition, adequate, screened trash and recycling storage areas will be provided for the project . The landscape plant palette for the project contains low water use vegetation. For these reasons, the project is consistent with policies CE 13.1, CE 13.3, CE 15.3, and CE

15.5. Additional trees and landscaping will be planted in the adjacent public rights of ways along the project frontages, on-site, and in the public park. These improvements will enhance the city’s urban forest and will i mprove the aesthetic, visual, and environmental benefits of the area as envisioned by policies CE 14.1, CE 14.2, CE

14.3, and CE 14.4.

4. Safety Element: The project is consistent with the Safety Element for the below discussed reasons. A Geotechnical Engineering Report was prepared for the project site and EIR mitigation measures are required for the project . The Geotechnical Report demonstrates that there is sufficient buildable area outside of a hazardous portion of the property as s tated in policy SE 1.5. The project site is not located in a radon hazard area, a fault zone, airport hazard areas, slope hazard areas, tsunami zone, wildland fire area or a 100-year flood zone and is therefore consistent with the policies of SE 4, SE 5, SE 6, SE 7, SE 9. The project has been reviewed by the Santa Barbara County Fire Protection District and requirements have been incorporated into the project. Moreover, the project must comply with all applicable Building Code requirements, including fire-sprinklers (CBC) and Goleta Municipal Code (GMC) as directed in SE 1.3, SE 1.6, SE 1.9, SE 5.2 and SE 5.4. The project will comply with current California Building Code requirements for fire protection, including the installation of fire sprinklers as outlined in SE 7.1, SE 7.2, and SE 7.5. The project will be adequately served by fire protection services.
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Residents at the Project site may be exposed to a low to extremely low risk of upset due to the potential release of hazardous materials from nearby businesses, truck accidents on U.S. 101, train derailments on the UPRR rail line, and a high -pressure natural gas pipeline on Hollister Avenue). However, based on the California Supreme Court case, California Building Indus. Ass’n. v. Bay Area Air Quality Mgmt. Dist. (2015) 62 Cal.4th 369 (Case No. S213478) ruling, CEQA does not require the project would not increase exposure of residents to risks associated hazards beyond levels already anticipated in the General Plan EIR. The potential for risk is low with a Condition of Approval for MERV filters, the 30-year excess cancer risk would be between 2 to 10 in one million. This was already determined to be acceptable when the City Council designated this site for R-MD development along with the Cortona Apartment and the Village at Los Carneros sites located in the same general location adjacent to the US 101, the Union Pacific Railroad, and adjacent businesses.

5. Visual and Historic Resources Element: The project is consistent with the Visual and Historic Resources Element . The GP/CLUP designated scenic views of the foothills and Santa Ynez Mountains from northbound S. Los Carneros Road at Calle Koral has been retained with the redesign of the project to have a two-story building at the corner of Calle Koral and Los Carneros in order for views to not be blocked.

The three-story buildings on the site have been situated in such as manner to allow for the line of sight to pass over the roof forms as sho wn in the visual simulations prepared. This scenic view would still be available for pedestrians, bicyclists, and vehicles traveling on Los Carneros R oad by the three affordable project’s two and three-story buildings on the southwestern portion of the site. Four of the market rate apartment buildings facing Camino Vista would be three -stories in height , with the remaining three buildings being two-stories in height. For these reasons, the project is consistent GP/CLUP polices VH 1.1, VH 1.4. VH 2.2, and VH 2.3. The views to the south of the Pacific Ocean will be retained looking southbound from the US 101 and Railroad overpasses as none of the buildings affect this view . Design Review Board review has been incorporated into mitigation measures to provide a process to ensure that massing, height, and architectural styles encourage visual harmony while reducing the impact on scenic views to the maximum extent practicable as stated in policies VH 1.1, VH 1.2, VH 1.4, VH 2.1, VH 2.2, and VH 2.3.

Development of the site will be an extension of the existing urban neighborhoods to the south and west and the buildings have been designed and sited in such a manner to maintain views of open space as encouraged by policy VH 1.5. All lighting has been designed to be prevent over-lighting, energy waste, and sky glow as stated in policy VH 4.12. Further, all utilities will be placed underground as directed by policy VH 4.14.

Public improvements along Camino Vista and Calle Koral on the project frontages will include pedestrian sidewalks and connections to the Willow Springs neighborhood to the south and the placement of buildings, the park design and features, and on-site infrastructure is working with the existing site topography as encouraged by VH 3.3. 253
Exhibit B to City Council Resolution No. 23-___
GP/CLUP Consistency Analysis
Heritage Ridge Residential Project
8 | P a g e

The landscaping for the project has been an integral part of the project design. Native, drought-tolerant vegetation has been used extensively , turf areas are limited, and invasive plants have not been incorporated into the design in accordance with policy VH 4.9. Further, the final landscape plan for the project will be reviewed and approved by Design Review Board with input from the other city committees/commissions as warranted. Pedestrian and bicycle circulation within and between the adjacent neighborhoods at Willow Springs I and II and Village at Los Carneros has been planned and the park design creates a well-defined community open space area consistent with policies VH 3.3, VH 3.5, and VH 3.6.

Signage for the housing complexes have not be en designed yet as it is too early for that fine level detail. However, when signage is pro posed, it will be required to consistent with City zoning regulations for signage in residential areas and policies VH

3.7 and VH 4.13). As indicated previously, completion of the design review by the Design Review Board will be required before project construction to ensure appropriate plant selections that minimize view blockage and ensure the design of structures is of high quality, compatible with surrounding development, and enhances the visual character of the City overall as stated in the applicable policies namely: VH

1.6, VH 2.2, VH 2.3, VH 2.4, VH 3.1, VH 3.2, VH 4.1, VH 4.3, VH 4.9, VH 4.10, and VH 4.15. Most private views of the site are `obstructed by existing vegetation. Views northward from the existing residential neighborhood to the south of the project site (Willow Springs I and II) will be changed as a result of the project; however, the design and placement of the buildings have taken into consideration the views from these adjacent residential complexes as encouraged by VH 1.8.

6. Transportation Element: The project is consistent with the Transportation Element with associated street and sidewalks based on the proposed improvements and as required as required by conditions of approval. A Level of Service of C or better would be maintained on all streets in the project vicinity in the A.M. and P.M. Peak Hours as shown in the traffic study name d: Updated Traffic and Circulation Study for the Heritage Ridge Project – City of Goleta (Associated Transportation Engineers, March 2021). It is included in Appendix I of the Final EIR . While policy TE 1.6 specifically relates to non-residential proposals, the project provides 14 bicycle parking pads, for a total of 112 spaces, placed throughout the property which will facilitate and encourage alternative modes of transportation . Additionally, public transportation is located along Hollister Avenue about 0.4 miles from the site, consistent with policy TE

7.4, Hollister Avenue Transit Corridor.

The site has been designed with three access points onto Camino Vista. The westernmost driveway onto Camino Vista serves the affordable housing portion of the development. The middle and easternmost access points create a looped private driveway system through the market rate housing portion of the development and provides access to the public park. This internal driveway provides access to adjacent open parking spaces and private carports. Lane widths are appropriate for the residential neighborhood and adequate for emergency acces s while encouraging 254
Exhibit B to City Council Resolution No. 23-___
GP/CLUP Consistency Analysis
Heritage Ridge Residential Project
9 | P a g e

appropriate speeds within the neighborhood. The proposed internal circulation system complies with the policy guidance outlines in TE 1.4, TE 3.6, TE 3.7, and TE 6.7.

Further the street frontage along Camino Vista, Calle Koral, and Los Carneros will be improved and the public street improvements and internal driveways will accommodate safe pedestrian movement throughout the project site as encouraged in policy TE10.4. Sidewalks access the apartment buildings and are located throughout the internal portions of the site, including access to the park. In accordance with policy TE 6.8, s treet lighting is provided in keeping with the neighborhood character and Conservation Element policies as stated in policy. As discussed in the Conservation Element analysis, development features ensure appropriate drainage and protection of water quality while accommodating transportation improvements as outlined in policy TE 6.3. The project provides 156 carports and 338 open parking spaces distributed around the site with thirteen parking spaces designated to serve the public park. The project provides 494 parking spaces while only 455 spaces are required by the State Density Bonus Law.

As required by policy TE 13.1, a traffic study has been prepared and updated for the project and included as Appendix I in the Final EIR . Tables 6 through 10 of the Updated Traffic and Circulation Study for the Heritage Ridge Project – City of Goleta (Associated Transportation Engineers, March 2021) finds traffic generated by vehicle trips from the project will not increase traffic volumes that exceed the design capacity of the transportation system. Further, the traffic study also identifies that the project would not result in an exceedance of City LOS standards at any of the study area roadways and intersections and no traffic improvements would be required, consistent with policy TE 13.3. As part of the project, soil export by heavy trucks ( 6-12 inbound and 6-12 outbound trucks per hour for a total of 10,222 roundtrips over an estimated 22-week export phase) will occur and will contribute to traffic congestion and wear and tear on area roadways in the short term. The construction traffic will be primarily limited to the Los Carner os/ US 101/ Camino Vista area . The peak hour and cumulative impacts of truck hauling are not expected to create short -term traffic impacts but will have short-term noise impacts and potential damage to local streets . The applicant will be required to repair roadway damage associated with the export of soil and the project has been conditioned as such. Lastly, the developer will pay traffic impact fees associated with the market rate units to fund transportation improvements to ensure adequate levels of service systemwide as directed by policy TE 14.1.

7. Public Facilities Element: The project is consistent with the Public Facilities Element.

As outlined in policy PF 10.2 and implemented through Chapter 17.70 of the Goleta Municipal Code, the permittee will pay development impact fees for the market rate units. These impact fees represent the project’s proportionate share of the costs of new or upgraded capital facilities attributable to new development The impact fees address parks and recreation, bicycle and pedestrian facilities, fire protection facilities, library facilities, public administration facilities, stormwater facilities, and transportation facilities The impact fees only apply to the 228 market rate units as the 104 affordable 255
Exhibit B to City Council Resolution No. 23-___
GP/CLUP Consistency Analysis
Heritage Ridge Residential Project
10 | P a g e

units are considered a beneficial project which qualifies for a fee waiver as provided by Council Resolution No. 19 - 43.

The project is designed to comply with fire safety design standards identified in the California Fire Code, as adopted and incorporated into the GMC, and the Santa Barbara County Fire Protection District’s development standards. As stated in policy PF 3, the project has been designed with two routes of ingress and egress, the internal roads/driveways have been designed to County Fire standards, and emergency access has been taken into consideration with the placement of the various buildings particularly those along Camino Vista. As discussed in the Final Environmental Impact Report (SCH # 2015041014), the project would not result in any significant new demands on police or fire protection services and the safety considerations associated with the project have been reviewed as directed in policy PF 3.9. Further implementing policy PF 3.9, t he project is des igned to encourage a secure, safe, and crime -free environment with adequate lighting and building design.

As indicated above, the market rate unit portion of the project will c ontribute impact fees to assist with funding capital facilities for police fac ilities and to help fund a new fire station in western Goleta which will improve emergency response times to the project area consistent with policies PF 3.2, PF 3.3, and PF 3.8.

The project will not adversely affect the water supply The Goleta Water District (GWD) confirmed the property has an existing water entitlement to 56.26 acre-feet per year (AFY) of potable water supply. Water demand generated by the project is projected to be 44.79 AFY, which is below the total amount of water currently allocated to the project site consistent with policy PF 4.1. The Goleta West Sanitary District confirmed that sanitation services are available to serve the project consistent with PF 4.2.

The analysis contained in the associated Final EIR (SCH #2015041014) for the project confirmed the project will not crea te a significant number of students that would be impact facility cap acities consistent with policy PF 5. Additionally, the developer is required to pay school impact fees as required by the Goleta Union School District and Santa Barbara Unified School District consistent with policy PF 5.7.

Additionally, a ll utility /service providers (SCE, Southern California Gas, Marborg) confirmed that they can serve the project and all utilities will be undergrounded consistent with policies PF 6.1 and PF 6.2. There are adequate existing public facilities and services available to serve the project. The permittee will fund the cost to construct new utility infrastructure for the project as needed and connect to existing utility facilities as stated in policies PF 9.2, PF 9.3, and PF 9.7.

8. Noise Element: The project is consistent with the Noise Element. As stated in policy NE 1.1, the proposed residential use is compatible with the surrounding multi -family residential and uses and the type of noise that can be expect after construction is completed would be similar to that created by the units at Willow Springs I and II and at Village at Los Carneros. Further, the design of the units required by the California 256
Exhibit B to City Council Resolution No. 23-___
GP/CLUP Consistency Analysis
Heritage Ridge Residential Project
11 | P a g e

Residential Code (CRC) will incorporate noise reduction measures so that the interior of the units meet the 45 dBA CNEL standard thereby meeting the standards outlined in policies NE 1.2 and NE 1.5.

As outlined in the project’s Final EIR (SCH#2015041014), the project will have short- term noise impacts during hauling and construction period. Mitigation measures have been identified to minimize the short - term noise impact as much as pos sible which includes limitation on construction hours, requiring properly maintained equipment , installation of noise blankets , restricting on-site idling equipment, and routing construction traffic to avoid neighborhood streets consistent with policies NE 6.4 and

6.5. Pre-construction soil removal and truck hauling will be necessary to remove approximately 92,000 cubic yard s. Preconstruction diesel haul trucks noise will be within 50-feet of existing residences. As a result, the temporary construction -related noise, particularly from soil export, has a Class I, significant and unavoidable short- term impact. A Statement of Overriding Considerations must be adopted by the City for an EIR Class I (significant and unavoidable) short impact. There is not anticipated to be a long-term noise impact resulting from the project given the residential use as stated above.

9. Housing Element:

The project is consistent with the policies of the 2023-2031 6th cycle Housing Element adopted on January 17, 2023 . The project will provide 40 senior affordable rental apartments with one manage unit, 62 family affordable rental apartments with one manager unit, and 228 market rate rental apartments that will contribute to the mix of housing choices within the City and be available to seniors and the local workforce.

Project amenities include a 2 -acre public park and private onsite open play area, walking trails, sidewalks, a tot lot, as well as a community building for each project component. The p roposed recreational amenities provided at each residential complex along with the public park will be consistent with Housing Element Policy HE

3.2 (g) given the range of amenities proposed. As outlined in policy HE 2.3 (a)(c), and (e), the mix of eight 2- and 3-story buildings would break up the overall bulk of the development, and carports and parking spaces are screened from views from adjacent roadways through building placement and landscaping. Carports and driveways have been sited along the eastern property line to create a buffer between 257
Exhibit B to City Council Resolution No. 23-___
GP/CLUP Consistency Analysis
Heritage Ridge Residential Project
12 | P a g e

the housing units and the non-residential uses along Aero Camino Road according to HE 2.3(f) Further the housing relates to the existing street pattern and integrates with pedestrian and bicycle circulation systems and provides adequate parking. The design of units and building placements strives to provide privacy and security for the individual units as stated in HE 2.3 (b), (d), (g), and (h).

In addition, the City’s offer to participate in the funding of the affordable housing units through a $1,000,000 loan if Housing Authority of Santa Barbara County is not successful in securing Low -Income Housing Tax Credits to help facilitate the affordable housing development as stated in HE 2.4 (a) and HE 2.8(a). Further, Lots 1 and 2 of the proposed Parcel Map will be deed restricted and subject to affordability covenants for 55 years in keeping with HE 2.4(b).

In accordance with HE 2.5, the project voluntarily provides inclusionary housing units that will assist in providing much needed housing for low-income families as discussed below. As discussed in the Conservation Element analysis, the project would comply with the City’s Green Building regulations as conditioned and be consistent with HE

4. Further, the 17.36 -gross acre site (14.07 net developable acres) s designated as an Affordable Housing Opportunity (AHO) Site within Central Hollister Corridor (CHC) as outlined in LU 8 as discussed in the Land Use Element section above.

The Heritage Ridge project has been incl uded as a site suitable for residential development in the recent adopted Housing Element (HE) update in its 6th cycle. The total number in the HE lists 51 very -low income, 51 low -income and 228 above moderate residential units, shown in Table 10A -28 of the adopted Housing Element.

The project meets the goals and policies of the adopted 6th Cycle Housing Element as shared above.

258
EXHIBIT C TO ATTACHMENT 3

HERITAGE RIDGE PROJECT

ZONING CONSISTENCY ANALYSIS
259
Exhibit C to City Council Resolution No. 23-___
Zoning Consistency Analysis
1 ZONING CONSISTENCY ANALYSIS
With SECTION 35-222 OF ARTICLE 3 ZONING CODE
Heritage Ridge Residential Project

1 ZONING REQUIREMENTS PROPOSED PROJECT CONSISTENCY WITH STANDARDS

Front Yard Setback
applicable to both
Camino Vista and Calle
Koral frontages:

Twenty (20) feet from
right-of-way line for
structures.

Balconies may extend
four feet into a front yard
setback.

Camino Vista frontage: the
structures are setback a
minimum of 20 feet in the front
yard. The balconies extend four
feet into the front yard setback
as required by the Fire
Department for access purposes.

Yes
Calle Koral frontage: the
structures and balconies are
setback a minimum of 20 feet
from the property line.

Yes
Side Yard Setback on East
and West Sides: Ten (10)
feet from the property
line.

Carports on the west side of the
development are located at least
40 feet from the property line.

Yes
Carports on the east side of the
development are located ten
feet from the property line
Yes
Rear Yard Structure
Setback:
10-foot rear yard setback
for primary buildings.

Accessory structures,
such as carports, can be
located in the rear yard
setback.

Buildings are located 80 feet, or
greater, from rear property line.

Yes
Carports (accessory structures)
located 8-10 feet from the rear
(north) property line.

Yes
Parking:

Total Auto Space
Required: 455
Total Residential Auto Spaces
Provided: 494

Yes

260
Exhibit C to City Council Resolution No. 23-___
Zoning Consistency Analysis
2 ZONING CONSISTENCY ANALYSIS
With SECTION 35-222 OF ARTICLE 3 ZONING CODE
Heritage Ridge Residential Project

2 (using the Parking
Standards of Density
Bonus State Law.
542 spaces would be
required under Article III
zoning)

Affordable Housing: 143

Market Rate: 312

Public Park: No Standard

Bicycle Parking: No
Standard

EV parking: No Standard

Affordable Housing: 156

Market Rate: 338

Public Park: 13 spaces

Bicycle Parking: 96 (Lot 4)
24 (Lot 1 &2)

EV parking: 10% of total spaces

Yes

N/A
(not required in Article III but provided)

N/A
(not required in Article III but provided)
Distance between
Buildings:

Minimum of 5 feet
Minimum of 5 feet provided
between all proposed residential
buildings.

Yes
Building Coverage:

Not to exceed 30% of the
net area (14.05 acres) of
the property
Building coverage of the net site
is 24.96% (3.51 ac of the 14.05
acres).

Yes
261
Exhibit C to City Council Resolution No. 23-___
Zoning Consistency Analysis
3 ZONING CONSISTENCY ANALYSIS
With SECTION 35-222 OF ARTICLE 3 ZONING CODE
Heritage Ridge Residential Project

3 Building Height limit:

Maximum height of 35
feet

Building 1: 2-stories, 29 ft
Building 2: 3-stories, 35 ft
Building 3: 3-stories, 35 ft
Building 4: 2-stories, 28’-5” ft
Building 5: 2-stories, 28’-5” ft
Building 6: 2-stories, 28’-5” ft
Building 7: 3-stories, 35 ft
Building 8: 3-stories, 35 ft
Building 9: 3-stories, 35 ft
Building 10: 3-stories, 35 ft

Affordable Recreation Building:
1-story, 24 ft 4 in

Market Rate Recreation Building:
1-story, 21 ft 10 in

Yes
Wall Height Limit
Maximum 8-feet

Eight –foot-high sound wall
along the north property line.

Six-foot privacy walls on the east
and west perimeter of the site.

Yes
Open Space:

Minimum of 40% of the
net area 14.05 acres) of
the property dedicated to
common open space
(excluding the public
park)
Common Open Space is
approximately 6.26 acres or

44.6% of net project site
(excluded the area of the public
park).

Yes
262
Exhibit C to City Council Resolution No. 23-___
Zoning Consistency Analysis
4 ZONING CONSISTENCY ANALYSIS
With SECTION 35-222 OF ARTICLE 3 ZONING CODE
Heritage Ridge Residential Project

4 Landscaping:

Uncovered parking areas
separated from property
lines by a landscaped
strip not less than 5 feet
in width.

Consistent
Landscaping provided in the 8-
foot-wide strip from the
property lines.

Yes
Density:

Minimum Density of 20
du/acre with a maximum
density of 25 units/acre
per the General Plan
The Project’s density is 23.63
units/acre (332 units/14.05
developable acres).

Yes
Streamside Protection
Buffer from Los Carneros
Creek located on the
north side of the UPRR

100’ setback
100’ buffer provided from both
the 2015 ESHA boundary and the
2021 ESHA boundary

Yes
Setback from ESHA
shown on Figure 4-1:
25’
ESHA is not present on site as
documented by multiple
biological studies prepared and
peer reviewed as part of the
project
Yes, if associated General Plan Amendment
is adopted.

263
EXHIBIT D TO ATTACHMENT 3

HERITAGE RIDGE PROJECT

VESTING MAP CONDITIONS OF APPROVAL
264
Exhibit D, Attachment 3
VTM Conditions of Approval
Heritage Ridge Residential Project

1 CONDITIONS OF APPROVAL

HERITAGE RIDGE RESIDENTIAL PROJECT

VESTING TENTATIVE MAP
CASE No. 14-049-VTM

In addition to all applicable provisions of the Goleta Municipal Code (“GMC”), FLT Heritage Ridge TG, LLC , and GF Frontier LLC , owners, and Red Tail Multifamily Land Development, applicant (all are hereinafter referred to as “Permittees”) agree to the following conditions for the City’s approval of Case No. 14 -049-VTM (“Project Conditions”).

Unless the contrary is stated or clearly appears from the context, the construction of words and phrases used in these Project Conditions use the definitions set forth in the GMC.

For purposes of these Project Conditions, the term “Director” refers to the Planning and Environmental Review Director, or designee.

AUTHORIZATION

1. This Vesting Tentative Parcel Map (VTM) authorizes Permittees the implementation of the Project Plans attached as Exhibit 1 to Resolution No. 23- ___. The VTM merges 13 existing lots and creates four lots and two road lots . Lot 1 is 1.82 acres and is planned for senior income-restricted housing, associated infrastructure, and common open space. Lot 2 is 2.96 acres and is planned for family income-restricted housing, associated infrastructure, and common open space . Lot 3 is approximately 2 acres and is planned for a City-owned public neighborhood park. Lot 4 is 9.56 acres and is planned for market rate housing, associated infrastructure, and common open space.

The 1.17 acres of existing street Right of Way , currently used for Calle Koral and Camino Vista, will continue to be used for public street purposes. The project includes the vacation of an easement that accommodates an alignment of Los Carneros Road that the City does not plan on pursuing in the near future, a slope easement associated with the Los Carneros Specific Plan (the Specific Plan has been previously rescinded), and two paper streets , Via Luisa and Via Maya , which were dedicate d with the recordation of Tract Map 13,646 but not constructed . Hence, these streets appear “on paper” but do not physically exist. In exchange for the vacation, the Vesting Parcel Map includes dedication of approximately 0.14 acres along Los Carneros Road near the bridge over Union Pacific Railroad for roadway purposes, as indicated on the Vesting Parcel Map.

2. All construction, improvements, implementation and/or other actions taken pursuant to this approval must be in substantial conformance with this approval. Any deviations not in substantial compliance must be reviewed and approved by the City of Goleta (City). The City must determine whether any deviation substantially conforms to this approval. Any deviation determined to not be in substantial conformance with this approval requires the Applicant to seek additional approval, permits, or other action 265
Exhibit D, Attachment 3
VTM Conditions of Approval
Heritage Ridge Residential Project

2 by t he City. Any deviation from this approval made without the above -described review and approval of the City is a violation of this approval.

3. This Vesting Tentative Parcel Map will expire five (5) years after approval, unless before the expiration, a final map has been recorded or a time extension has been applied for by the Permittees. The decision-maker with jurisdiction over the project may, upon good cause shown, grant a time extension as permitted by law . If the Permittees requests a time extension, the project may be revised to include updated language to standard conditions and/or may include revised/additional conditions which reflect changed circumstances or additional identified project impacts. Any new fees imposed, and the rates of exist ing fees will be those in effect at the time of the extension request.

4. Any proposed deviations from the exhibits, project description or Project Conditions must be submitted to the Director of Planning and Environmental Review for review and approval by appropriate decision maker. Any unapproved d eviations from the project ap proval will constitute a violation of the permit approval. The exhibits associated with this permit include the plans labeled “Exhibit 1 to Resolution No. 23- XX” and herein incorporated by reference.

5. When exhibits and/or written Project Conditions are in conflict, the written Project Conditions must prevail.

6. Permittees agrees to indemnify and hold the City harmless from and against any claim, action, damages, costs (including, without limitation, attorney’s fees), injuries, or liability, arising from the City’s certification of the FEIR, adoption of the MMRP, adoption of Statement of Overriding Consideration (“SOC”), approval of the Vesting Tentative Map (“VTM”) and associated post -discretionary approvals, approval and condition clearance of the Development Plan and associated post-discretionary approvals except for such loss or damage arising from the City’s sole negligence or willful misconduct. Except as described in this section, the obligation to indemnify, hold harmless and defend the City shall arise when the City is named in any suit, or when a claim is brought against it by suit or otherwise, whether the same is groundless or not, arising out of the City’s certification of the FEIR, adoption of the MMRP, adoption of Statement of Overriding Consideration (“SOC”), approval and conditional clearance of the Vesting Tentative Map (“VTM”) and associated post -discretionary approvals, approval and condition clearance of the Development Plan and associated post-discretionary approvals, Permittees agrees to defend the City (at the City’s request and with counsel satisfactory to the City) and will indemnify the City for any judgment rendered against it or any sums paid out in settlement or otherwise. For purposes of this section “the City” inc ludes the City of Goleta’s elected officials, appointed officials, officers, employees, and agents.

266
Exhibit D, Attachment 3
VTM Conditions of Approval
Heritage Ridge Residential Project

3 ENVIRONMENTAL IMPACT REPORT MITIGATIONS

7. The Permittees must comply with all mitigation measures identified in the Final Environmental Impact Report prepared for the project, Exhibit 1 to City Council Resolution No. 23- ____. A Mitigation Monitoring and Reporting Program (MMRP) was prepared as part of the environmental review of the project and is attached as Exhibit 2 to City Council Resolution No. 23- _____. The mitigation measures of the MMRP are incorporated into these conditions of approval by reference. All mitigation measures and conditions of approval must be listed on the plans submitted for plan check and the plans for which a building permit is issued.

AGENCY REQUIREMENTS
All letters mentioned below are attached hereto as Exhibit B and incorporated by reference:

8. Santa Barbara County Fire Department (SBCFD): Permittees must comply with all conditions and requirements outlined in the June 26, 2014, September 23, 2014, and May 11, 2015,. Santa Barbara County Fire Department letters or as updated in the future to the satisfaction of the SBCFD as applicable to facilitate recordation of a Vesting Final Parcel Map.

9. Santa Barbara County Air Pollution Control District (APCD). Permittees must comply with all conditions and re quirements outlined in the June 24, 2021, Santa Barbara County Air Pollution Control District letter or as updated in the future as applicable, to the satisfaction of the APCD as applicable to facilitate recordation of a Vesting Final Parcel Map.

10. Goleta Water District (GWD). Permittees must c omply with the conditions and requirements outlined in December 23, 2020, Goleta Water District letter or as updated in the future as applicable , to the satis faction of the GWD as applicable to facilitate recordation of a Vesting Final Parcel Map.

11. Goleta West Sanitary District (G WSD). Permittees must co mply with all the conditions and requirements outlined in the February 1, 2022 , Goleta West Sanitary District letter or as updated in the future as applicable, to the satisfaction of the GWSD as applicable to facilitate recordation of a Vesting Final Parcel Map.

CITY DEPARTMENT CONDITIONS – Public Works Department

12. Prior to or concurrent with the recordation of a Parcel Map:

267
Exhibit D, Attachment 3
VTM Conditions of Approval
Heritage Ridge Residential Project

4 A. Permittees shall submit a draft Final Parcel Map for review and approval by the Public Works Director that conforms to the State Subdivision Map Act and the City’s Municipal Code beginning with Chapter 16 “Subdivisions”. The map shall show the following:

i.The vacation of street right of ways for Los Carneros, Calle Koral, Via Luisa and Via Maya as shown on the Tentative Parcel Map as shown on the Tentative Map dated December 20, 2022.

ii.Provide for a variable width street easement at the northerly corner of Calle Koral and Camino Vista to provide for the minimum 10’ from the property line to the face of curb in accordance with the street design standards as shown on the Tentative Parcel Map dated December 20, 2022.

iii.An offer to dedicate the park parcel, Lot 3 to the City of Goleta in fee simple absolute in accordance with City of Goleta Municipal Code Section 16.14.110, free and clear of all encumbrances.

iv.Show and dedicate on the Parcel Map, an easement for public road purposes along Los Carneros Road and Camino Vista as shown on the approved Tentative Parcel Map as shown on the Tentative Parcel Map as shown on Tentative Parcel Map dated December 20, 2022.

v.Show and dedicate on the Parcel Map, all other easements as shown on the approved Tentative Parcel Map. Each easement shall be identified as being a public or private easement and state which parcel benefits from said easement, where applicable.

vi. Provide an easement for public access and parking on Lot 4 to serve Lot 3. The Permittees shall be responsible for the maintenance and upkeep of the driveway and parking spaces.

vii.Provide a reference on Lots 1 and 2 that the units constructed on these lots are subject to a 55 -year restrictive affordable housing covenant as required by Condition 3(f) of Council Resolution No. 23 -___ (Development Plan).

viii.Reference the area on Parcel 4 to be preserved via covenant as non -buildable open space because of the streamside protection buffer from Los Carneros Creek on the property as provided for in Condition 14 A below..

ix.Show no access allowed along the Calle Koral frontage of the site.

x.Identify existing public easements to remain as well as existing public easements to be abandoned in the manner prescribed in Section 66499.20.2 of the Subdivision Map Act.

268
Exhibit D, Attachment 3
VTM Conditions of Approval
Heritage Ridge Residential Project

5 a. For any public easements to be abandoned, the applicant shall provide proof of ‘n otice to abandon’ to any affected public agency and utility provider.

b. For any public right of way easement to be abandoned, the applicant shall show on the Final Parcel Map the locations of utility easement reservations if requested by the utility providers.

B. Permittees shall submit to the Public Works Department for review and approval two (2) electronic copies of a public improvement plans for Los Carneros, Camino Vista and Calle Koral prepared by a registered civil engineer and the park design on Lot 3 prepared by licensed landscape architect . The design of the improvements within the public road rights-of-way must comply with the City Design Standard, Green Book Standard, or Cal Trans Standard. The Standard Design Details used must be shown on the improvement plans. As determined by and to the satisfaction of the Public Works Director or designee, the improvements shall include but not be limited to:

For Camino Vista
i. Design standard curb, gutter, and sidewalk consistent with the existing sections of Camino Vista constructed for Willow Springs II and tree wells adjacent to the curb. The distance between the curb face and the property line shall be seven (7’) feet. These impr ovements must be installed prior to the issuance of the first certificate of occupancy on the associated Lot.
ii. Design driveways to be consistent and compatible with driveways previously constructed at Willow Springs on the opposite side of Camino Vista. T he driveway entrance to the affordable portion of the project will be constructed at 60’ wide with a median. The driveway entrance to the market rate portion of the project will be constructed at 32’ wide with no median. The Park entrance will be constru cted at 27’ wide with no median. Driveway shall have a curb radius of 25 feet. These improvements must be installed prior to the issuance of the first certificate of occupancy on the associated Lot. iii. Design/show a Class II Bike Lanes and on-street parking. iv. Design/show four Street Lights on the north side of Camino Vista spaced equally between the streetlights on the south side of Camino Vista, starting at west of the intersection with Calle Koral. These improvements must be installed prior to the issuance of the first certificate of occupancy.

For Calle Koral
v. Design/show Landscaping between the back of the existing sidewalk and the property line. This improvement must be installed prior to the issuance of the first certificate of occupancy of Lot 1.
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Exhibit D, Attachment 3
VTM Conditions of Approval
Heritage Ridge Residential Project

6 vi. Design/show Class II Bike Lanes. On -street parking and site access will not be allowed. The bike lane must be completed prior to the issuance of the first certificate of occupancy.
vii. Applicant must implement modifications to the traffic signal at the Los Carneros Rd/Calle Koral intersection. Modifications will include installation of protected left-turn phasing for the Calle Koral approaches and upgrade of the video detection system to current City standards which at a minimum includes replacing camera on signal arms and installing updated video cards in signal cabinets and may include incidentals such as street striping and sign age to support the new roadway configuration as determined necessary by the Public Works Director or designee.

For Los Carneros Road
viii. Design drainage inlet and storm drain to connect to existing drainage inlet at the Intersection of Calle Koral and Camino Vista, or as approved by the Public Works Director. On-street parking and site access will not be allowed. These improvements must be completed prior to the issuance of the first certificate of occupancy.
ix. The limits of the anticipated pavement restoration including but not limited to pavement preparation and slurry seal of street to repair any damage, trench cuts or restriping, as necessary to accommodate the construction of the project. x. Ensure Drainage Design and structural improvements shall comply with all current regulations for Drainage Systems BMPs, Trash Treatment Control Devices, and stormwater treatment features. All Trash Treatment Control Devices must be certified by the State Water Resources Control Board (SWRCB) and approved by the Public Works Director or designee.

For Park on Lot 3
xi. Design the park in accordance with the conceptual plans approved by the City Council and ensure that it is consi stent with applicable standards . The Permittee shall share park design plans at every phase of design development (for example, 30%, 60%, and 95% design documents) with the Public Works Director or designee, such as the Parks and Open Space Manager, and obtain approval from the Public Works Director or designee before moving on to the next phase of design. Permittees shall furnish to the City all construction warranties associated with the park upon transfer of ownership to City.

C. Permittees must sign an Agreement for Public Improvements which includes the estimates for hauling operations and the cost for repairs associated with the impacts on the street due to an unusual number of significantly loaded truck trips.

The actual costs will be determined after construction is completed based on the damage and road life deterioration experienced.

D. Permittees must p rovide a n Engineer’s Estimate for the public improvements including the park on Lot C, signed and stamped by a registered civil engineer to be approved by Public Works Director.
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Exhibit D, Attachment 3
VTM Conditions of Approval
Heritage Ridge Residential Project

7 E. Permittees must provide securities for construction of improvements including the park on Lot C in accordance with the execution of the agreement. Securities will be submitted at 100% of the engineer’s estimate for the performance of the work and 100% of the engineer’s estimate for the payment of labor and materials.

F. Permittee must perform maintenance of Lot 3 for ninety (90) days following the City’s acceptance of the park dedication. In addition, the Permittee must warranty for structures, equipment, hardscape and park amenities following City acceptance of title of the park. The Public Works Director or designee in their capacity will determine if any improvements (including vegetation) are defective and needs to be replaced during the specified maintenance period. Securities for the landscape materials are specified in Condition No. 53 (k) (i) of Council Resolution 23 -___ (Heritage Ridge Development Plan Resolution).

G. Permittees must furnish to the City a cash deposit, in an amount approved by the City Surveyor, guaranteeing the payment of the cost of setting such monuments for monuments set after map recordation.

H. Permittees must enter into an Agreement to Provide Affordable Housing and Restrictive Covenant for the provision of 10 2 rent restricted apartment units and two management units and record such agreement concurrently with the recordation of the Final Map.,
I. Permittees must record a covenant for the streamside protection buffer area on Lot 4 which must be recorded concurrently with the recordation of the Final Map.

13. After Recordation and before construction can begin, the Permittees must:

A. Set survey monuments in accordance with the City’s Municipal Code beginning at Section 16.05.010 and reference monuments (in compliance with Section 8772 of the California Business and Professions Code) shall be placed wherever applicable.

B. Prepare and file Corner Records with the County Surveyor for locations meeting the criteria of Section 16.05.010 (C) of the City’s Municipal Code.

C. Have all monuments set per items 23.A and 23.B, inspected and approved by the City Surveyor.

Planning and Environmental Review

14. Prior to the recordation of the Parcel Map, the Permittees must prepare, secure approval from the City of Goleta, at the Permittees’ expense, and execute the following documents:

A. A Covenant Regarding the portion of 100’ streamside protection buffer area from Los Carneros Creek on Lot 4 using the 2015 boundary , shown on the Final Map as “ Variable Width Stream Protection Area Easement” . The Covenant shall prevent development within the stream buffer zone.

B. Agreement between the Housing Authority of the County of Santa Barbara and FLT Heritage Ridge TG, LLC and GF Frontier, LLC regarding shared maintenance of common facilities (e.g., storm water facilities), parking, landscaping, and access points, etc.

C.
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Exhibit D, Attachment 3
VTM Conditions of Approval
Heritage Ridge Residential Project

8 15. Affordable Housing Component Timing and Affordability Control Covenant:

A. The Development Plan includes the development of a 104 -unit affordable- housing project on Lots 1 and 2. The affordable -housing project will include 2 resident manager units and 102 income-restricted units reserved for occupancy by households whose incomes do not exceed the Low-Income limit published annually by the California Department of Housing and Community Development (HCD). The income restriction on the 104 -unit development shall be for a term of 55 years . The Permittees shall execute an Affordability Control Covenant and Regulatory Agreement document , approved by the City Attorney , attached as Exhibit 3 to Exhibit D to this Resolution in substantive form, for Lots 1 and 2, which shall be recorded concurrently with the Final Map Recordation. Once the units are constructed and occupied, the 55 -year term of the Affordability Control Covenant shall begin to run and the Permittees or their successors must submit to annual compliance monitoring in accordance with the Affordability Control Covenant and Regulatory Agreement.

16. The Permittees of Lot 4 are responsible for ascertaining and paying all necessary City fees required for Map Recordation, including without limitation, park fees owed under Government Code section 66577 (Quimby Act) and Title 16 of the GMC.

17. The Permittees of Lot 4 are entitled to reimbursement of the Quimby fees paid representing the land value and park improvement costs upon (1) delivery of title to a fully improved park constructed in compliance with the Development Plan Conditions of Approval, (2) clearance from the Director that the Quimby fees paid are not to be held pursuant to Condition 3(d) of the Development Plan Conditions of Approval and (3) compliance with all the documentation requirements of this Condition . Upon transfer of title of the park to the City and City acceptance of title , after ensuring the first two above-mentioned prerequisites are met, Permittees shall become eligible for reimbursement of $1,610,000 for the land value of the park as set forth in the attached appraisal provided as Exhibit 4 without further documentation.

To seek reimbursement for park improvement costs from the outstanding Quimby fees paid, Permittee shall first submit documentation of the costs of each park improvement by submitting a package that is clearly categorized by service and material and in chronological order. Documentation of each service or material must include invoices and forms of payment by Permittees. Reimbursement is not available for all park improvement costs. Reimbursement is a vailable for only the following costs that are reasonably incurred, including construction documents prepared after entitlement of the Project, prevailing wage labor, playground and physical park amenities, materials, professional survey services, and professional construction management, inspection and testing services . Park improvement costs that are not reimbursable include but are not limited to: design costs incurred prior to Project entitlement, engineering costs incurred prior to Project entitlement , all costs associated accounting, legal and other professional services; overhead administrative charges; costs incurred as a result of requirements by the Environmental Impact Report of the Project, including b ut not 272
Exhibit D, Attachment 3
VTM Conditions of Approval
Heritage Ridge Residential Project

9 limited to the Project’s mitigation and monitoring report; and costs incurred as a result of private settlement agreements and negotiations with third parties. Reimbursement of park improvement costs shall not be made until the Public Works Director has verified that the Permittees’ documentation and reimbursement requests meet this Condition. If the park improvement costs exceed the amount of Quimby fees that Permittees paid upon map recordation, the City shall reimburse Permittees for only those pa rk improvement costs that meet the requirements for reimburs ement in accordance with this Condition.

After Project entitlement, Permittees shall meet with City Public Works staff on a monthly basis regarding park costs and construction and implementation progress and provide documentation of park costs as request by the Public Works director or designee within five (5) business days of such request.

18. The Permittees will make an offer to dedicate the park. which shall be recorded with the Final Map.

19. The construction of the park will be completed by the Permittees prior to the final certificate of occupancy with the last building on Lot 4.

20. A Reciprocal Easement Agreement (REA), between the FLT Heritage Ridge TG, LLC. and GF Frontier, LLC, across Lots 4 , is to be approved by the City Attorney and in substantial compliance with the attached Exhibit A to Exhibit 4 of Resolution No. 23 - ___, granting easement rights in favor of City for park access and parking, granting easements through the Permittees’ property for utilities serving the park, and providing access to Permittees and City for the purpose of trimming trees. The REA shall include, without limitation, the following provisions:

A. A provision requiring Developer to maintain industry standard ins urance coverages, naming City as additional insured.

B. A mutual indemnification provision requiring Developer and City to indemnify one another for damages arising from their respective activities.

C. A provision governing responsibility for maintenance, including City’s maintenance of the park and Permittees’ maintenance of the access and parking areas.

D. Provisions governing City’s right to post signs, to meter parking and to take other reasonable measures to ensure use of the park.

E. Customary remedies and attorneys’ fee language; and
F. Such other provisions as are determined necessary by City.

G. The reciprocal easement must be depicted on the Final Map for recordation.

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Exhibit D, Attachment 3
VTM Conditions of Approval
Heritage Ridge Residential Project

10 By signing this document, the undersigned certifies that he has read, understood, and agrees to the Project Conditions listed in this document.

Michael B. Earl, FLT Heritage Ridge TG, LLC and GF Frontier, LLC Date

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EXHIBIT 1 TO EXHIBIT D TO ATTACHMENT 3

HERITAGE RIDGE PROJECT

AGENCY LETTERS
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June 24, 2021

Mary Chang
City of Goleta
Planning and Environmental Review Department
130 Cremona Drive, Suite B
Goleta, CA 93117

Re: Santa Barbara County Air Pollution Control District Comments on the Revised Draft Environmental Impact Report for Heritage Ridge Residential Project, 14-049-GPA/VTM/DP; SCH #2015041014

Dear Mary Chang:

The Santa Barbara County Air Pollution Control District (District) has reviewed the Revised Draft Environmental Impact Report (EIR) for the Heritage Ridge Residential Project. The project consists of the following:

• A General Plan Amendment (14-049-GPA) to remove a designation of Environmentally Sensitive Habitat Area (ESHA) on the Open Space Map and on the Special Status Species and ESHAs Map. • A Vesting Tentative Map (14-049-VTM) to allow the subdivision of the existing 17.36 gross acre (16.2 net acres) project site from 13 lots to 4 lots (2 lots for the Affordable housing complex, 1 lot for the market housing, and 1 lot for the public park). The subdivision map would also abandon two unused roads (Via Maya and Via Luisa).
• A Development Plan (14-049-DP) pursuant to GMC §35-317 to allow construction of 332 rental units with associated recreational facilities. The rental units would be broken into two “neighborhoods” as follows: 104 up to a 100% supportive-units comprised of both senior affordable housing and family affordable housing units with separate recreational facilities; and 228 market-rate rental units with separate recreational facilities including a swimming pool. The affordable units will be offered at the very low/low-income levels.

Also proposed are: 1) a two-acre neighborhood park to be dedicated to the City in the center of the site and three above ground bio-retention basins including a 15,000 square foot (SF) bio-retention basin in the southeast portion of the site. The site would be served by three access points onto Camino Vista.

Preliminary raw earthwork volumes are estimated at 178,000 cubic yards (CY) of cut, 15,500 CY of fill, and 115,000 CY of export. The subject property, a 17.36-acre parcel zoned Design Residential (DR-20) and identified in the Assessor Parcel Map Book as APN 073-060-031 through -043, is located on the north side of Camino Vista between Aero Camino and Calle Koral Roads in the City of Goleta.

The project will place sensitive receptors within approximately 50 feet of the Union Pacific railroad tracks and approximately 250 feet of the edge of the closest lane of U.S. Highway 101. When reviewing and commenting on land use projects throughout the cities and unincorporated areas of Santa Barbara County, Distirct staff consistently recommends that sensitive land uses (residences, schools, medical facilities, etc.) should not be sited within 500 feet of the freeway. This is based on 288
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guidance from the California Air Resources Board (Air Quality and Land Use Handbook: A Community Health Perspective, CARB, 2005). Many studies have shown that living in proximity to freeways and other high traffic roads leads to respiratory and other non-cancer health effects such as reduced lung function, increased asthma, and bronchitis, and increased medical visits. The proximity-based studies do not identify specific pollutants, nor do they utilize dose-response relationships to discern an acceptable level of a pollutant or pollutants that adequately protects public health. Although various mitigation strategies are currently being researched and implemented, the consensus to date is that the best way to protect human health is to retain a distance of 500 feet or greater between the sensitive receptors and the freeway. Commercial or visitor-serving land uses, with less long-term health implications, should be considered for locations closer to the freeway.

If, after consideration of the health concerns and other alternatives, new development is still planned within 500 feet of a freeway or a high traffic roadway, we recommend that the project be designed to minimize exposure to roadway-related pollutants and mitigated to the maximum extent feasible. Design features may include maximizing the distance between the roadway and sensitive receptors, locating air intake at the non-roadway facing sides of buildings, and ensuring that windows nearest to the roadway do not open. Mitigation measures may include installing mechanical ventilation systems with fresh air filtration and constructing a physical barrier between the roadway source and receptors of pollutants (e.g., sound wall or vegetative planting). Please see our website at www.ourair.org/landuse for more information and resources on this topic.

Air Pollution Control District staff offers the following specific comments on the Revised Draft EIR:

1. Table 4.2-2 Ambient Air Quality Data, page 4.2-4. We recommend including the 2020 exceedance data available here:
www.ourair.org/days-exceeding-ozone-and-particulate-
standards-2020.

2. 4.2 Air Quality, Impact Analysis, Health Risk Assessment Methodology, page 4.2-9. The cited traffic count volumes adjacent to the project site should be updated based on the latest available counts from Caltrans. Data for 2019 identifies annual average daily traffic (AADT) volumes at Los Carneros Road as 73,150 (average of back and ahead AADT volumes).

3. 4.2 Air Quality, Impact Analysis, Health Risk Assessment Methodology, page 4.2-8-9 The Revised Draft EIR uses the HRA conducted in 2016 to evaluate potential health risks to nearby sensitive receptors. As the District previously commented in our letter dated August 1, 2016, the HRA conducted in 2016 was inadequate as it did not follow the District Modeling Guidelines for Health Risk Assessments (including populating early life exposure adjustments to account for pregnant women and children) and did not use the latest available risk assessment program, HARP2. The Revised EIR states that “the HRA prepared in 2016 was not updated since the values computed are conservative and any refinement to the model would not increase risk and hazards.” Given the inadequacy of the 2016 modeling, revised modeling using the District’s current Modeling Guidelines for Health Risk Assessments (available at www.ourair.org/air-toxics-
for-business) should be performed. Revised modeling could result in increased risk values, particularly residential cancer risk.

4. Section 4.2 Air Quality, Impact Analysis, Impact AQ-1 and Table 4.2-3, SBCAG Housing Projections for Goleta, page 4.2-9-11. SBCAG Regional Growth Forecast 2050 data for the years 2025 and 2030 are excluded from this table and impact analysis. Please include an analysis of whether the project would exceed SBCAG’s 2025 or 2030 growth forecast for the City. 289
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5. Section 4.2 Air Quality, Impact Analysis, Impact AQ-4, page 4.2-15-18: The District has the following comments on the evaluation of health risk to new sensitive receptors on the project site as a result of exposure to hazardous air pollutants.

a. As stated in comment 4 above, the District recommends that a current HRA be performed using the District’s current Modeling Guidelines for Health Risk Assessments (available at www.ourair.org/air-toxics-for-business). Revised modeling could result in increased risk values, particularly residential cancer risk.

b. After describing the project’s HRA results, the document makes the following statement on page 15, “To provide context for this level of additional risk, the American Cancer Society (2007) reports that in the U.S., men have a one in two chance (0.5 probability) and women about one in three chance (0.3) probability of developing cancer during a lifetime, with nearly one in four deaths (0.23) in the U.S. attributed to cancer.” It is unclear how this statement relates to the overall health risk of the proposed project.

Please clarify or remove this statement.

c. There is no description of how mitigated health risk values shown in Table 4.2-9 were derived, including the efficacy of the proposed mitigation measures. Please provide a description.

d. When implementing measures related to reducing the potential diesel particulate matter exposure, the City should consider that forced air filtration only reduces indoor residential exposure to toxic air contaminants. Residential receptors such as children will spend time outdoors and use outdoor amenities on the project site such as the proposed common open space. District staff recommends incorporating project designs and/or mitigation measures that would address outdoor exposure risk.

6. Section 4.6 Greenhouse Gas Emissions, Impact Analysis, Page 4.6-9: This page states that “In accordance with Section 150.1(b)14 of the 2019 Building Energy Efficiency Standards, all new residential uses under three stories must install photovoltaic (PV) solar panels that generate an amount of electricity equal to expected electricity usage. Therefore, it was assumed that 100 percent of electricity usage for the proposed low-rise residential uses would be supplied by PV solar panels (see Appendix B).” However, the CalEEMod analysis in Appendix B, and resulting emission estimates, assume that all project development is supplied by 100% renewable power, including the proposed three-story buildings, and other development. Please confirm it is accurate and feasible that the energy needs of all development associated with the project will be supplied by onsite solar panels. If 100% renewable power does not reflect the accurate project description, the CalEEMod analysis, emission estimates, and impact analysis should be revised. If the project does propose 100% onsite solar for all development, the text on page 4.6-9 should be revised to clarify that all residential uses and development would be supplied by PV solar panels, not just the low- rise development.

7. Section 4.6 Greenhouse Gas Emissions, Impact GHG-1, page 4.6-14-17: The emission estimates shown in Table 4.6-4 do not match the mitigated emission estimates shown in the CalEEMod reports provided in Appendix B. The CalEEMod report cites greater emissions that what the impact analysis is using to determine the significance of project impacts. Please provide an explanation for the inconsistency, confirm the accurate emission estimates for the project, and 290
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revise the impact analysis as needed to ensure that accurate emissions are compared to the project-specific efficiency threshold.

8. Section 4.6 Greenhouse Gas Emissions, Impact GHG-1, page 4.6-14-17: As shown in Appendix B via the CalEEMod modeling reports, the project proposes various GHG “design features” that reduce project GHG emissions. Design features applied to the project include (but aren’t limited to) commitments to:

• Supply 100% of electricity usage from onsite solar photovoltaic (PV) solar panels that generate an amount of electricity equal to the expected electricity usage of the project, • Reduce indoor water use by 20% reduction in indoor water use, • Limit parking supply,
• Increase transit accessibility.

These “design features” should be included in the Project Description to ensure their implementation and enforcement. In addition, the lead agency should include these commitments as condition of approval for the project to ensure implementation for the life of the project.

Conditions of approval should include a requirement for tracking and reporting of electricity use and renewable power generation to ensure that the project is meetings its 100% renewable power commitment.

If you or the project applicant have any questions regarding these comments, please feel free to contact me at (805) 961-8873 or via email at [email protected]
.

Sincerely,

Desmond Ho
Air Quality Specialist
Planning Division

cc: Planning Chron File

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EXHIBIT 2 TO EXHIBIT D TO ATTACHMENT 3

HERITAGE RIDGE PROJECT

RECIPROCAL EASEMENT
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1 RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

SPACE ABOVE THIS LINE FOR RECORDER’S USE

APNs:

DOCUMENTARY TRANSFER TAX: $0.

Property is not sold. This instrument is being
recorded merely to confirm use of the
property.

GRANT OF RECIPROCAL EASEMENTS AND AGREEMENT

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2 GRANT OF RECIPROCAL

EASEMENTS AND AGREEMENT

This Reciprocal Access Easements and Agreement (“Agreement”) is made as of ________________, 20____ by and between the CITY OF GOLETA, a California municipal corporation (“ Owner A”), and Heritage Ridge TG, LLC and GF Frontier, LLC a Limited Liability Company (“Owner B ”). Owner A and Owner B are sometimes referred to in this Agreement singularly as a “Party” and together as “Parties”.

RECITALS

A. Own er A is the owner of certain real property situated in the City of Goleta, County of Santa Barbara, State of California, commonly known as 130 Cremona Avenue #B, Goleta, CA 93117, Assessor’s Parcels Number 073-330-102, as generally depicted in Exhibit A, collectively, the “Owner A Property”).

B. Own
er B is the owner of certain real property immediately adjacent to the Owner A Property, situated in the City of Goleta, County of Santa Barbara, State of California, commonly known as northside of Camino Vista Drive between Calle Koral and Aero Camino, Goleta, CA 93117, Assessor’s Parcels Number s 073-060- 031 to -043, as generally depicted in Exhibit B (collectively, the “Owner B Property”).

C. A
s generally depicted on the site plan enclosed as Exhibit C , the Parties have obtained approval to construct and have constructed and installed access roads, parking areas, and drainage improvements, a portion of which are located on the Owner B Property, and a portion of which are located on the Owner A Property (collectively, “Easement Improvements ”) which shall provide ingress, egress and drainage to and from , and parking areas serving, a community park (“City Park”) located on the Owner A Property.

D. Own
er A wishes to obtain from Owner B, and Owner B wishes to grant to Owner A, easements over portions of the Owner B Property and Owner B wishes to obtain from Owner A, and Owner A wishes to grant to Owner B , easements over portions of the Owner A Property pursuant to the terms and conditions set forth in this Agreement.

NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt of which is hereby acknowledged, the Parties hereby agree as follows:

1. R
ecitals Incorporated . The Recitals shall be considered an integral part of this Agreement and are incorporated herein by this reference.
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3 2. T erm . This Agreement shall become effective when it is recorded in the Official Records of Santa Barbara County and shall continue in perpetuity and shall not terminate automatically under the Doctrine of Merger unless terminated by a written instrument executed and recorded by both Parties or their successors or assigns.

3. Grant of Easements
a) Park Access Easement. Owner B hereby grants to Owner A, its successors and assigns and members of the public, a perpetual, non- exclusive and appurtenant easement for the purposes of vehicular and pedestrian ingress and egress to and from the City Park (the “Park Access Easement”), in, on, under, over, along, and through those certain portions of the Owner B Property described and depicted in Exhibits D-1 and D -2, attached hereto and incorporated herein by this reference (collectively, the “Park Access Easement Area”). Owner A expressly reserves any and all rights to the ownership, possession and use of the Park Access Easement Area not inconsistent with the purposes of the Park Access Easement.

b) P arking Easement . Owner B hereby grants to Owner A, its successors and assigns and members of the public, a perpetual, non- exclusive and appurtenant easement for the purposes of vehicular and bicycle parking serving the City Park (“Parking Easement”), in, on, under, over, along, and through those certain portions of the Owner B Property described and depicted in Exhibits E-1 and E-2, attached hereto and incorporated herein by this reference (the “Parking Easement Areas”). The Parking Easement shall specifically include the right of Owner A to construct, maintain and operate parking meters in the Parking Easement Areas. Owner A expressly reserves any and all rights to the ownership, possession and use of the Parking Easement Areas not inconsistent with the purposes of the Parking Easement.

c) D
rainage Easement . Owner B hereby grants to Owner A, its successors and assigns, a perpetual, non -exclusive and appurtenant easement for the installation, construction, maintenance, repair, replacement, reconstruction, and inspection of a storm drainage system, including any and all structures and appurtenances incidental thereto designed to convey storm water runoff (“Drainage Easement”) and right-of-way upon, through, over and across those certain portions of the Owner B Property described and depicted in Exhibits F- 1 and F -2, attached hereto and incorporated herein by this reference (the “ Drainage Easement Areas”). Owner B shall be prohibited from constructing buildings , fencing or structures (whether temporary or permanent), installing trees or bushes, or otherwise obstructing in any fashion whatsoever said easement and right -of-way without the express written consent of Owner A, in Owner A’s sole and absolute discretion, and as 297
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4 demonstrated by issuance of an encroachment permit issued by Owner A. Owner A shall have the right, but not the obligation, and at Owner B’s expense, to remove any buildings, structures, fencing, trees, bushes or other obstructions that interfere with the rights of Owner A to use said easement and right-of-way.

d) O wner A Landscaping Easement . Owner B hereby grants to Owner A, its successors and assigns, a perpetual, non- exclusive and appurtenant easement for the purposes of tree trimming and other landscaping activities (the “ Owner A Landscaping Easement ”), in, on, under, over, along and through those certain portions of the Owner B Property described and depicted in Exhibits G-1 and G-2, attached hereto and incorporated herein by this reference (“Owner A Landscaping Easement Areas ”). Owner B expressly reserves any and all rights to the ownership, possession and use of the Owner A Landscaping Easement Areas not inconsistent with the purposes of the Owner A Landscaping Easement. Owner A shall restore the Owner A Landscaping Easement Areas and the Owner B Property to substantially the same condition in which they existed prior to any entry by Owner A or any of its employees, contractors, or agents onto the Owner A Landscaping Easement Areas.

e) O
wner B Landscaping Easement. Owner A hereby grants to Owner B, its successors and assigns, a perpetual, non- exclusive and appurtenant easement for the purpose s of tree trimming and other landscaping activities (the “Owner B Landscaping Easement”), in, on, under, over, along, and through those certain portions of the Owner A Property described and depicted in Exhibits H-1 and H-2, attached hereto and incorporated herein by this reference (“Owner B Landscaping Easement Area s”). Owner A expressly reserves any and all rights to the ownership, possession and use of the Owner B Landscaping Easement Areas not inconsistent with the purposes of the Owner B Landscaping Easement. Owner B shall restore the Owner B Landscaping Easement Areas and the Owner A Property to substantially the same condition in which they existed prior to any entry by Owner B or any of its employees, contractors, or agents onto the Owner B Landscaping Easement Areas.

4. E
asements and Easement Areas . The Park Access Easemen t, Parking Easement, Drainage Easement and Landscaping Easement are collectively referred to herein as the “Easements”. The Park Access Easement Area, Parking Easement Areas, Drainage Easement Areas, and Landscaping Easement Areas are collectively referred to herein as the “ Easement Areas”.

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5 5. I nstallation, Maintenance and Repair of Easement Improvements and Easement Areas.
a) Owner A shall be responsible for installing, maintaining, and repairing the roadways and sidewalks comprising the Park Access Easement Improvements and the parking areas comprising the Parking Easement Improvements. Owner B shall be responsible for designing and installing the drainage system comprising the Drainage Easement Improvements. b) Owner A and Owner B shall be responsible, each at its own expense, for maintaining each of their respective Properties and the Easement Improvements located thereon, in safe, passable (by pedestrians, bicycles and vehicles, including emergency vehicles to the extent applicable), and orderly condition. To the extent any of the Easement Improvements are located on both the Owner A Property and Owner B Property simultaneously (“ Shared Easement Improvements”), the Parties shall share equally in the cost of and responsibility for maintaining and repairing any such Easement Improvements. Notwithstanding the foregoing, any damage to the Easement Areas caused by a Party’s (or its employees’, agents’, contractors’, vendors’, visitors’ and invitees’) negligence, misconduct, misuse, overuse or intentional act shall be paid entirely by such Party.
c) Prior to conducting any repairs, improvements or maintenance on the Easement Improvements, the Party conducting such work shall notify the other Party at least five (5) days prior to conducting such work. Such not ice shall contain the estimated start and completion dates for such work.
d) Subject to subsection 5(e), each Party shall reimburse the other Party for its share of maintenance and repair costs associated with the Shared Easement Improvements no later than twenty (20) days after receiving a written invoice for such share, accompanied by copies of the invoices or other written evidence of the costs then being billed. e) Except with respect to emergency repairs of the Drainage Easement Improvements, no mainten ance or repair work costing more than Five Thousand Dollars ($5,000.00) shall be performed on the Shared Easement Improvements unless and until the Party wishing to undertake such work first obtains the written consent of the other Party. f) If the Parties are unable to agree upon the necessity for work contemplated in subsection (d) above, the Party desiring to initiate such work shall have the right to commence proceedings under California Civil Code Section 845 by applying to the Superior Court in and for San Bernardino County, California, for the appointment of an impartial arbitrator to decide upon the need for such work and to enter judgment thereon. The determination of any arbitrator shall be final and conclusive upon all parties.
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6 6. Co mpliance with Laws . The Parties shall comply with all present and future laws, rules, orders, ordinances, regulations, statutes, requirements, codes, and executive orders (collectively, “Laws”) of all governmental authorities now existing or hereafter created affecting the Easement Improvements, Easements and Easement Areas, or the use, repair, maintenance or improvements thereof.

7. N
o Liens . The Owner B Property and the Owner A Property shall be kept free of liens of any kind or nature arising from installation, repair, replacement or maintenance of the Easement Improvements or any other improvements within the Easement Areas. If a claim of lien is recorded against one Party’s property arisin g from the other Party’s work, the Party performing the work shall, within thirty (30) days after such recording (1) pay the claim and release the lien; (2) record or deliver a surety bond sufficient to release such claim of lien in accordance with California law; or (3) provide the other Party with such other assurance as that Party may reasonably require regarding payment of the claim of lien. Without limiting its obligations under Section 8 below, each Party shall indemnify, defend and hold the other Party harmless from and against any and all claims, damages, losses and expenses, including but not limited to attorneys’ fees, arising out of any mechanics’ or other lien against the other Party’s property by any contractor, subcontractor and/or material sup plier performing work on or in connection with the Easement Areas , which obligation shall survive the expiration or termination of this Agreement

8. I
nsurance .

a) R equirements . Prior to any entry onto the other Party’s Property each Party shall provide the other Party with a certificate of insurance naming such other Party as additional insured, a commercial general liability insurance written on an occurrence basis, with a combined single limit of not less than $ 2,000,000.00 per occurrence, insuring against liability for injury or death to any person and property damage occurring on or about the Easement Areas upon such other Party’s property. The insurance requirements set forth herein are independent of the parties’ other obligations under this Agreement and shall not be construed to restrict, limit or modify such other obligations.

b) Own er A. Owner A is a public agency and may satisfy its insurance requirements using a risk pool or self-insurance.

9. N otice. All notices, demands, consents, requests, approvals, disapprovals, designations or other communications (all of the foregoing hereinafter referred to as “notice”) that any Party hereto gives to any other Party shall be in writing and shall be deemed to have been properly given if (a) served personally, or (b) mailed, when deposited with the United States Postal Service within the boundaries of the continental United States for registered or certified delivery, return receipt requested, with postage prepaid, or (c) sent by overnight courier, postage prepaid, in each case addressed to the applicable recipient as follows:
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7 If to Owner B : [insert]:

If to Owner A: [insert]

Either Party may change its address for the giving of notices hereunder by giving notice of such change of address to the other party in accordance with this Section 11.

11. N
o Partnership; No Third Party Beneficiaries . Nothing contained in this Agreement shall be construed as making the Parties joint venturers or partners. This Agreement is for the sole benefit of the Parties, their respective heirs, successors and assigns, and no other person or entity, including any member of the public, shall be entitled to rely on or receive any benefit from or enforce against either Party any provision hereof.

12. N o Public Dedications . Nothing in this Agreement is intended to be or shall be deemed or construed to be a gift or public dedication of the Easements or Easement Areas.

13. D
ispute Resolution . The Parties agree to cooperate in good faith with respect to their respective rights and obligations under this Agreement and further agree that if they cannot resolve any dispute or claim between themselves, before resorting to judicial remedy, they will in good faith attempt to resolve any such dispute or claim through non-binding mediation.

14. D
efault; Remedies. In the event of any default or threatened default of this Agreement by either party, the other party, in addition to its other remedies at law and equity, shall be entitled to specific performance, injunctive or similar equitable relief, it being agreed that the failure of a party to perform its obligations hereunder could cause irreparable harm to the other party.

15. C
aptions . The captions of this Easement are inserted only as a matter of convenience and for reference. They do not define, limit or describe the scope or intent of this Agreement and they shall not affect the interpretation hereof.

16. E xhibits . Each of the Exhibits referenced in this Agreement is attached hereto and incorporated herein.

17. E ntire Agreement; Amendment. This Agreement contains the entire understanding and agreement of the Parties hereto relating to the rights herein granted and the obligations set forth herein and any and all prior written or oral representations and modifications concerning this 301
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8 Agreement shall be of no force or effect. This Agreement may only be modified or amended by a written instrument, signed by the Parties, their heirs, successors or assigns and recorded in the Official Records of the County.

18. F urther Assurances . The Parties shall execute such further documents and instruments as may reasonably be required from time to time by the other Party to effectuate and carry out the provisions hereof and to take such further actions as may reasonably be required to give the terms hereof full force and effect for the benefit of the Parties.

13. A
ttorney’s Fees . In the event any legal action is brought to enforce or interpret any part of the Agreement, the prevailing party, as defined in Section 1032(a)(4) of the California Code of Civil Procedure, shall be entitled to recover from the other party, in addition to any other relief that may be granted, reasonable expenses, attorneys’ fees and costs incurred in the action or proceeding by the prevailing party.

14. C
ovenants Running with the Land. The t erms and conditions contained in this Agreement shall constitute and be fully enforceable as covenants running with the land (as defined by and construed in accordance with Civil Code section 1460 and related sections) and shall be binding on and inure to the benefit of the Parties, their heirs, successors and assigns. The Parties agree that, after their execution of this Agreement, this Agreement shall be recorded in the Official Records of the County.

15. S everability . If any provision of this Agreement shall to any extent be invalid or unenforceable, the remainder of this Agreement (or the application of such provision to persons or circumstances other than those in respect of which it is invalid or unenforceable) shall not be affected thereby, and each provision of this Agreement, unless specifically conditioned upon such invalid or unenforceable provision shall be valid and unenforceable to the fullest extent permitted by law.

16. G
overning Law . This Agreement shall be construed and governed in accordance with the laws of the State of California. Venue shall be with the San Bernardino County Superior Court.

17. A uthority . Each Party by placement of their signature below, affirmatively represents and affirms that they are authorized to execute this Agreement on behalf of such P arty and that such Party is the owner of the rights being granted and considered in this Agreement, and that they have not assigned or otherwise disposed of the rights granted and considered in this Agreement.

18. C ounterpar ts. This Agreement may be executed in counterparts, each of which shall constitute an original, and all of which together shall constitute one and the same instrument.

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9 [Signatures on following page]
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10 SIGNATURE PAGE TO

GRANT OF RECIPROCAL EASEMENTS AND AGREEMENT

IN WITNESS WHEREOF , the Parties hereto have executed this Easement as of the date first written above.

OWNER A:

CITY OF GOLETA,
a California municipal corporation

By: _______________________________
Name: _____________________________
Its: ________________________________

OWNER B:
_________________, a
___________________________________

By: _______________________________
Name: _____________________________
Its: ________________________________

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[Notary Acknowledgements]
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Exhibit A

EXHIBIT A

LEGAL DESCRIPTION OF OWNER A PROPERTY

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Exhibit B

EXHIBIT B

LEGAL DESCRIPTION OF OWNER B PROPERTY

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Exhibit C

EXHIBIT C

SITE PLAN

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Exhibit D-1

EXHIBIT D-1

PARK ACCESS EASEMENT DESCRIPTION

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Exhibit D-2

EXHIBIT D-2

DEPICTION OF PARK ACCESS EASEMENT

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Exhibit E-1

EXHIBIT E-1

DESCRIPTION OF PARKING EASEMENT

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Exhibit E-2

EXHIBIT E-2

DEPICTION OF PARKING EASEMENT

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Exhibit F-1

EXHIBIT F-1

DESCRIPTION OF DRAINAGE EASEMENT

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Exhibit F-2

EXHIBIT F-2

DEPICTION OF DRAINAGE EASEMENT

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Exhibit G-1

EXHIBIT G-1

DESCRIPTION OF OWNER A LANDSCAPING EASEMENT

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Exhibit G-2

EXHIBIT G-2

DEPICTION OF OWNER A LANDSCAPING EASEMENT

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Exhibit H-1

EXHIBIT H-1

DESCRIPTION OF OWNER B LANDSCAPING EASEMENT

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Exhibit H-2

EXHIBIT H-2

DEPICTION OF OWNER B LANDSCAPING EASEMENT
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EXHIBIT 3 TO EXHIBIT C OF ATTACHMENT 3

Heritage Ridge Residential Project
Housing Agreement

319

NO FEE DOCUMENT

Recording requested by and
When recorded, mail to:

City of Goleta
Affordable Housing Division
130 Cremona Drive
Goleta, CA 93117
Attn: Housing Analyst

NO FEE DOCUMENT PURSUANT TO
CALIFORNIA GOVERNMENT CODE SECTION 27383

AFFORDABILITY CONTROL COVENANT AND

REGULATORY AGREEMENT

This City Affordability Control Covenant and Regulatory Agreement (“Agreement”) is made as of this ___ day of _________________, 202_ by and between the C ity of Goleta , a California municipal corporation (“City”), and XXXXX, a California limited partnership (“Owner”). City and Owner shall sometimes be referred to individually as “Party” or collectively as “Parties.”

RECITALS

A. The Owner owns that certain real property located at ______________________ in Goleta, California as more particularly described in Exhibit A (“Property”) upon which the Owner intends to provide 104 units of permanent rental housing, of which two (2) units are designated as resident manager’s units not subject to income and rent limits and 102 units are targeted to Low Income and Very Low Income households (“Project”).

B. The City has implemented an Inclusionary Housing program in Title 17 of the City’s municipal code, for the purpose of providing a supply of housing for persons and households from all economic sectors of the community.

C. The Inclusionary Housing program requires either a percentage of a project’s residential units to be deed restricted or payment o f Inclusionary Housing In-Lieu Fees or Non- Residential Development Impact Fees into the City’s Affordable Housing Trust Fund to be used to produce, preserve or rehabilitate deed-restricted, below-market rate housing units.

D. The Project predates adoption of the rental-housing component of the City’s Inclusionary Housing program, but the Owner has offered to provide a portion of the Project’s total units as deed restricted with below market rental rates to assist the City in meeting its goals of providing affordable housing for a range of income levels.

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E. The Project has received a parking concession pursuant to State Density Bonus Law under California Government Code 65915, in exchange for providing rental housing units reserved for occupancy by Very Low Income households for a minimum of 55 years.

F. In recognition of the City’s housing needs and goals as well as the Project’s reduced-parking concession, the Owner has agreed to enter into and record this Agreement , the purpose of which is to regulate and restrict the occupancy, rents, operation, ownership, and management of the Project. The covenants in this Agreement are intended to run with the land and be binding on the Owner and its successors and assigns in the Property.

NOW THEREFORE, IN CONSIDERATION of the mutual agreements, obligations, and representations, the Owner and the City hereby agree as follows:

1. DEFINITIONS

All initially capitalized terms in this Agreement or attached exhibits shall have the meanings and content set forth in this section or, in the case of general terms not listed herein, the definition most commonly applied.

1.1 “ANNUAL INCOME” means the household income expected for the upcoming 12 months using the definition of Annual Income with income inclusions and exclusions, as more particularly defined by Federal regulation at 24 CFR 5.609.

1.2 “AREA MEDIAN INCOME” means the area median income for Santa Barbara County as determined from time to time by the California Department of Housing a nd Community Development (“HCD”), as amended, or such other method of median income calculation applicable to the City that HCD may hereafter adopt.

1.3 “CITY” is the City of Goleta, a California municipal corporation, and its authorized representatives, officers, officials, directors, employees, and agents.

1.4 “LOW INCOME HOUSEHOLD” means a household whose annual income does not exceed the Low-Income limit published annually by California HCD for Santa Barbara County (or the most recently published limit published by California HCD) and adjusted by household size.

1.5 “OWNER” means ________________________, a ______________________.

1.6 “PROJECT” means the construction, operation and management of the Property and the improvements to be constructed thereon.

1.7 “PROPERTY” means the real property located at ________________________ in Goleta, California as more particularly described in Exhibit A attached hereto and incorporated herein, including the improvements constructed thereon. 321

1.8 “QUALIFYING HOUSEHOLD” means a household that qualifies as a Low Income Household or Very Low Income Household, as those terms are defined herein, at the time of application and initial occupancy of a Restricted Unit.

1.9 “QUALIFYING RENT” means the total monthly charges paid by the tenant household for rent, which shall not exceed:

a. For the Low Income units, 30 percent times 60 percent of the Area Median Income adjusted for Household Size Appropriate For The Unit divided by 12 months minus the applicable Utility Allowance.

b. For the Very Low Income units, 30 percent times 50 percent of the Area Median Income adjusted for Household Size Appropriate For The Unit divided by 12 months minus the applicable Utility Allowance.

1.10 “RESTRICTED UNIT” means any of the 102 Units on the Property with restricted occupancy and rents pursuant to and subject to the requirements of this Agreement. A unit shall not be considered a Restricted Unit until the Unit has been constructed and made available for occupancy.

1.11 “TAX CREDIT REGULATORY AGREEMENT” means any regulatory agreement required by the California Tax Credit Allocation Committee that will be recorded after completion of the Project and that restricts the Tenant income and rents for all units in the Project, with the exception of the Project’s manager’s units which shall not be so restricted.

1.12 “TENANT” means a household occupying a Unit with a signed lease.

1.13 “TERM” means the period of time during which the Restricted Units must meet the affordability requirements imposed under th is Agreement , commencing upon the date of initial occupancy of all Restricted Units and terminating fifty-five (55) years therefrom.

1.14 “UNIT” means a housing unit in the Project.

1.15 “HOUSEHOLD SIZE APPROPRIATE FOR THE UNIT” means a household of one person in the case of a studio unit, two persons in the case of a one -bedroom unit, three persons in the case of a two -bedroom unit, four persons in the case of a three -bedroom unit, and five persons in the case of a four -bedroom unit. This translates to a multiplier used in the calculation of maximum monthly rent amounts for Restricted Units, based on the income differentials for household size of the Area Median Income published by California HCD , such that 0.7 is used for a studio unit, 0.8 for a one-bedroom unit, 0.9 for a two-bedroom unit, 1.0 for a three-bedroom unit, and 1.08 for a four-bedroom unit.

1.16 “UTILITY ALLOWANCE” means the applicable amount for utility cost s charged to tenants (not including telephone, cable television, or internet) per the schedule published by the Housing Authority of the County of Santa Barbara or other annual utility schedule 322

as determined by the City.

1.17 “VERY LOW INCOME HOUSEHOLD” means a household whose annual income does not exceed the Very Low-Income limit published annually by California HCD for Santa Barbara County (or the most recently published limit published by California HCD) and adjusted by household size.

2. TERM

2.1 TERM OF AGREEM ENT. This Agreement shall commence upon the date of initial occupancy of the final Restricted Unit and terminate 55 years therefrom. The requirements of this Agreement shall apply throughout the Term without regard to the term of any loan or mortgage or any transfer of ownership of the Property.

2.2 TOLLING OF TERM. In the event (a) the City brings an action at law or in equity against the Owner for any Event of Default or violation of a covenant or condition in this Agreement with respect to any Restricted Un it and (b) a court of competent jurisdiction determines a violation has in fact occurred under this Agreement, then the term of the Agreement shall be tolled during any period of violation upheld by such court solely with respect to such Unit.

3. PROJECT OCCUPANCY AND RENTS

3.1 OCCUPANCY OF PROJECT. The Project will provide 41 Units as part of the Senior housing development and 63 Units as part of the Family housing development. Of the total 104 Units provided, two (2) will be non -income-restricted resident manager Units, 85 will be Restricted Units reserved for occupancy by Low Income Households, and 17 will be Restricted Units reserved for occupancy by Very Low Income Households. The 17 Restricted Units for Very Low Income Households are subject to restrictions under the State Density Bonus program, per California Government Code Section 65915, including the rent limits in California Health and Safety Code Section 50053(b)(3) . Each Restricted Unit in the Project must be occupied, or reserved for occupancy by, Qualifying Household(s) at the appropriate income level.

3.1.1 OCCUPANCY DEADLINES. Owner shall ensure that each Restricted Unit is occupied by an eligible tenant within twelve (12) months from the completi on of construction of the Project, evidenced by the recording of a notice of completion and securing Certificate(s) of Occupancy. In the event that any Restricted Unit is not occupied by an eligible tenant six (6) months after the date of the issuance of a certificate of occupancy, Owner shall submit to City within ten (10) days a detailed record of its marketing efforts and comply with City’s requests for additional information pertaining to the marketing efforts. In the event any Restricted Unit is not oc cupied by eligible tenants within twelve (12) months after the date of the issuance of a certificate of occupancy, then this shall constitute an Event of Default. On or before the last day of the eleventh (11th) month after the date of the issuance of a ce rtificate of occupancy, City shall give written notice to Owner in accordance with Section 6.2 herein. Owner shall have thirty (30) days from receipt of such notice to cure the breach, but in any event shall 323

cure the breach before the end of the twelfth (1 2th) month after the date of the issuance of the final certificate of occupancy.

3.2 RESTRICTED UNITS. The Owner shall limit for the full Term of this Agreement the rental of the Restricted Unit(s) to Qualifying Households at Qualifying Rents that do not exceed the maximum rental charges for each Restricted Unit as set forth in Section 1.9 and

3.4 herein.

3.3 OTHER REGULATORY RESTRICTIONS . All Units in the Project, excluding any manager’s unit, shall comply with the rent and income restrictions and other terms of any other applicable regulatory restrictive covenant, such as a Tax Credit Regulatory Agreement. Non-compliance under the terms of any such other agreement shall constitute an Event of Default under this Agreement, subject to applicable cure periods.

The Project shall be maintained and operated to comply with all applicable federal, state, and local requirements for access for disabled persons, including but not limited to the Fair Housing Act (42 USC 3601-3619), implemented at 24 CFR Part 100, Subpart D.

3.4 MAXIMUM RENTAL CHARGES.

A. Maximum rental charges that the tenant pays for the Restricted Units shall not exceed the Qualifying Rent as defined above in Section 1. 9 and Section 3.2. If the tenant pays for utilities and services ( gas, electricity, water, sewer, trash, recycling, or green waste, but excluding telephone, cable television, and internet services), then the Qualifying Rent shall be reduced by the applicable Utility Allowance.

B. The Qualifying Rent for each Restricted Unit shall be set by the City at the time of initial occupancy of the Project. Annual increases in Qualifying Rents shall be calculated based on the change in Area Median Income published annually by HCD. At least sixty (60) calendar days prior to increasing Qualifying Rents on any Restricted Unit on the Project, Owner shall submit to the City for review and approval a written request for such increase. Tenants of Restricted Units shall be given at least thirty (30) days written notice prior to any increase in Qualifying Rents, consistent with state law. City shall approve such request if the increased Qualifying Rents will comply with all applicable City requirements.

3.5 INCOME CERTIFICATION. The Annual Income levels and other qualifications of applicants for Restricted Units shall be certified by Owner no earlier than six (6) months prior to the Qualifying Household's expected occupancy of a Restricted Unit and recertified annually thereafter by the Owner.

A. Initial Annual Income Verification. Before the Qualifying Household occupies a Restricted Unit, the Owner shall verify that the applicant’s Annual Income calculated in an Annual Income certification is accurate by utilizing one of the following forms of verification:

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1. Third Party Verification: All third parties (e.g., employer, Social Security Administration, public assistance agency, etc.) are contacted in writing or by phone to obtain written verification of Annual Income; or

2. Review of Documents: The Qualifying Househ old provides documents verifying their Annual Income (e.g., pay stubs, bank statements), which are to then be retained in the Tenant files.

B. Annual Income Recertification . At the time of lease renewal or pursuant to an annual schedule adopted by the Owner, and no later than the one-year anniversary of the initial Annual Income verification and annually thereafter, Owner shall recertify the Annual Income of each Tenant occupying a Restricted Unit using the method described in Section 3.5.A, above.

3.6 INCREASES IN QUALIFYING HOUSEHOLD INCOMES. In the event that recertification of a previously -compliant Qualifying Household's Annual Income indicates that the Annual Income exceeds the maximum designated for a Restricted Unit reserved for occupancy by a Low Income Household, the tenant’s rent may be increased, no more than once per year, to a level not to exceed 30 percent of gross income of the individual household. In addition, the Owner will comply with relevant regulations of other affordability covenants recorded on the property, such as a Tax Credit Regulatory Agreement, in regards to increases in tenant household income.

4. LEASING THE PROJECT

4.1 TENANT LEASES. The Owner shall execute a written lease with Tenants of Restricted Units for a term of at least one year, unless the Tenant requests a shorter period. A lease may not be for a period less than thirty (30) days. The Tenant lease and any changes thereto must be approved by City.

A. The Owner shall include in leases for all Restricted Units provisions which provide that a Qualifying Household is subject to annual certification of Annual Income and that the tenancy of the Qualifying Household shall be terminated as soon as possible in accordance with state law should one or more of the Qualifying Household's members misrepresent any material fact regarding the Qualifying Household's qualification as a Low Income Household. The Owner shall include in all leases for Restricted Units provisions which prohibit the Qualifying Household from subleasing the Restricted Unit.

B. In addition to executing a lease for a Restricted Unit, the Owner shall require that each Qualifying Household leasing a Restricted Unit execute a n Intent to Reside Statement (IRS) included as Exhibit C, certifying intent to occupy the Restricted Unit as the Qualifying Household’s primary residence for a minimum of ten (10) months per year.

C. The lease for each Restricted Unit shall not contain any of the following provisions:

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1. Agreement to be sued. Agreement by the Tenant to be sued, to admit guilt, or to a judgment in favor of the Owner in a lawsuit brought in connection with the lease;

2. Treatment of property. Agreement by the Tenant that the Owner may take, hold or sell personal property of Qualifying Household memb ers without notice to the Tenant and a court decision on the rights of the parties. This prohibition, however, does not apply to an agreement by the Tenant concerning disposition of personal property remaining in the Restricted Unit after the Tenant has moved out of the Restricted Unit. The Owner may dispose of this personal property in accordance with State law;

3. Excusing Owner from responsibility. Agreement by the Tenant not to hold the Owner or the Owner’s agents legally responsible for any action or fail ure to act, whether intentional or negligent;

4. Waiver of notice. Agreement of the Tenant that the Owner may institute a lawsuit without notice to the Tenant;

5. Waiver of legal proceedings. Agreement by the Tenant that the Owner may evict the Tenant or Qualify ing Household members without instituting a civil court proceeding in which the Tenant has the opportunity to present a defense, or before a court decision on the rights of the parties;

6. Waiver of a jury trial . Agreement by the Tenant to waive any right to a trial by jury;

7. Waiver of right to appeal court decision . Agreement by the Tenant to waive the Tenant’s right to appeal, or to otherwise challenge in court, a court decision in connection with the lease; and

8. Tenant chargeable with cost of legal actions re gardless of outcome .

Agreement by the Tenant to pay attorney’s fees or other legal costs even if the Tenant wins in a court proceeding by the Owner against the Tenant. The Tenant, however, may be obligated to pay costs if the Tenant loses.

9. Mandatory support services. Agreement by the Tenant (other than a tenant in transitional housing) to accept supportive services that are offered.

D. Owner shall not terminate the tenancy or refuse to renew the lease of a Tenant of a Restricted Unit except for serious or rep eated violation of the terms and conditions of the lease; for violation of applicable Federal, State, or local law; or for other good cause.

To terminate or refuse to renew the tenancy, the Owner shall serve written notice upon the Tenant specifying the gr ounds for the action at lease thirty (30) days prior to termination of tenancy.

4.2 TENANT SELECTION. Before leasing the Project, the Owner must provide the City for its review and approval the Owner’s written tenant selection plan. Any changes to the tenant selection plan require prior written approval from City.

4.3 SECTION 8 CERTIFICATE HOLDERS. The Owner will accept as Tenants, 326

on the same basis as all other prosp ective Tenants, persons who are recipients of rent subsidies pursuant to the existing housing program under Section 8 of the United States Housing Act, or its successor, and other similar rental assistance payment programs . The Owner shall not apply selection criteria to Section 8 certificate or voucher holders that are more burdensome than criteria applied to all other prospective Tenants, nor shall the Owner apply or permit the application of management policies or lease provisions with respect to the Pro ject which have the effect of precluding occupancy of Units by such prospective Tenants.

4.4 CONDOMINIUM CONVERSION. The Owner shall not convert Units to condominium or cooperative ownership or sell condominium or cooperative conversion rights in the Property during the Term of this Agreement.

4.5 NONDISCRIMINATION. The Owner shall not discriminate or segregate in the use, enjoyment, occupancy, conveyance, lease, sublease, or rental of Units on the basis of race, color, ancestry, national origin, religion, sex, g ender, gender identity or expression, sexual preference, age, marital status, family status, source of income, military or veteran status, physical or mental disability, medical condition, genetic information, Acquired Immune Deficiency Syndrome (AIDS) or AIDS-related conditions (ARC), or any basis prohibited by law. The Owner shall include a statement in all advertisements, notices, and signs for the availability of Units for rent to the effect that the Owner is an Equal Housing Opportunity Provider.

4.6 MARKETING PLAN. Prior to occupancy, Owner shall submit to the City for approval its plan for marketing the Units, including information on affirmative marketing efforts and compliance with fair housing laws. Upon receipt of the marketing plan, the City shall promptly review the marketing plan and shall approve or disapprove it within thirty (30) days after submission. If the marketing plan is not approved, the City shall specify its reasons for disapproval. The Owner shall submit a revised marketing plan within thirty (30) days of the City’s notice of disapproval. The Owner’s failure to submit a revised marketing plan that shall constitute an Event of Default.

5. PROPERTY MANAGEMENT

5.1 MANAGEMENT RESPONSIBILITIES. The Owner is responsible for all management functions with respect to the Project, including without limitation the selection of Tenants, certification and recertification of Qualifying Household size and Annual Income, evictions, collection of rents and d eposits, maintenance, landscaping, routine and extraordinary repairs, replacement of capital items, and security. The City shall have no responsibility over management of the Project. The Owner shall submit to the City for its approval its proposed Property manager. The City hereby preapproves the Housing Authority of the County of Santa Barbara as an approved Property manager. The Owner may only remove and/or replace the Property manager with prior written consent of the City which shall not be unreasonabl y withheld.

5.2 APPROVAL OF MANAGEMENT POLICIES . The Owner shall submit its written management policies with respect to the Project to the City for its review and shall amend such policies in any way necessary to ensure that such policies comply with the provisions of this 327

Agreement, the approved City conditions of approval for the Project, and the requirements of all lenders providing financing for the Project.

5.3 INSPECTION AND RECORDS. The Owner shall maintain records which clearly document the Owner’s perfor mance of its obligations to operate the Property under the terms of this Agreement. The Owner shall submit all requested records to the City within ten (10) business days of the City’s request. The Owner shall permit the City to enter and inspect the Property for compliance with Owner’s obligations under this Agreement at all reasonable times upon twenty-four (24) hours advance notice of such visit by the City to the Owner or the Owner’s Property manager and to Tenants of any Units. Owner must include provisions in tenant leases that allow for City inspections of the units.

5.4 COMPLIANCE MONITORING. The Owner shall operate the Property in full compliance with this Agreement throughout the Term of this Agreement. The Owner shall permit the City to conduct annual compliance monitoring, including performing on-site records review and inspections of the Property, as reasonably requested by the City.

5.5 ANNUAL REPORT. Following recordation of a notice of completion issued for the Project, the Owner shall annually submit to the City a report in a form approved by the City for the preceding period of January 1st through December 31st or portion thereof, containing the information requested by the City so as to allow the City to determine the Owner's compliance with this Agreement. The report shall be submitted annually no later than March 1 st, and shall include, at a minimum: (i) a report on the occupancy of the Project, (ii) a report on the physical condition of the Project, (iii) a report on the general management of the Project, and (iv) for each Restricted Unit, the number of bedrooms in the Unit, the monthly rent charged, the tenant household’s Annual Income, and the tenant household’s size. The report shall also state the date the current tenancy commenced for each Restricted Unit and such other information as the City may request.

Within thirty (30) days after receipt of a written request, Owner shall submit any other information or completed forms requested by the City in order to compl y with reporting requirements of the City, the State of California, or other applicable agency. The City shall have the right to examine and make copies of all books, records, or other documents of Owner which pertain to the Project or any Unit to determine compliance with this Agreement.

5.6 FEES, TAXES, AND OTHER LEVIES. The Owner shall be responsible for payment of all fees, assessments, taxes, charges , and levies imposed by any public authority or utility company with respect to the Property and shall pay such charges prior to delinquency.

5.7 PROPERTY TAX EXEMPTION. The Owner shall not apply for a property tax exemption for the Property under any provisio n of law other than California Revenue and Taxation Code Section 214(g) without the City’s prior written consent. The City acknowledges Owner may be applying for a property tax exemption under California Revenue and Taxation Code Section 214(g) for the property and hereby provides its consent.

5.8 MAINTENANCE OF EXISTING STRUCTURES. Owner shall maintain all 328

buildings on the Property in good condition, in good repair, ordinary wear and tear excepted, and in a decent, safe, sanitary, habitable , and tenantable condition. Owner shall not cause or permit any violations of any laws, ordinances, regulations, covenants, conditions, restrictions, or equitable servitudes as they pertain to improvements, alterations, maintenance, or demolition on the Property. The City shall have no responsibility over maintenance of the Property.

6. GENERAL PROVISIONS

6.1 SUBORDINATION. This Agreement shall be senior and not be subordinate to any deed of trust, note, agreement and/or to any other obligations of Owner concerning the Property and may be subordinated in priority only when approved in writing by the City in its sole and absolute discretion.

6.2 DEFAULT AND REMEDIES. In the event of any breach of any agreement or obligation under this Agreement by the Owner, the City shall provide written notice to the Owner of such breach. The Owner shall have an opportunity to cure such breach within thirty (30) days from the Owner’s receipt of such written notice or such longer period of time as the City determines necessary to cure the breach if the Owner diligently undertakes to cure such breach.

The City shall accept a cure by the Owner’s limited partner, if any, on the same basis as the City accepts a cure by the Owner. If the Owner fails to perform a timely cure of the specified breach, the City may proceed with any or all of the following remedies upon the Owner’s failure to cure:

A. Bring an action in equitable relief seeking the specific performance by the Owner of the terms and conditions of this Agreement, and/or enjoining, abating, or preventing any violation of said terms and conditions, and/or seeking declaratory relief;

B. Enter upon, take possession of, and manage the Property and the Project, either in person, by agent, or by a receiver appointed by a court, an d collect any rents, income, deposits, or reserves and apply them to operate the Property;

C. After notice provided for herein, make such repairs or replacements to the Property and Project as are necessary and provide for payment thereof; or

D. Pursue any other remedy allowed at law or in equity.

6.3 EVENT OF DEFAULT. In the event that the Project fails to meet the affordability or other requirements included in this Agreement or any Tax Credit Regulatory Agreement throughout the terms of the Agreements, subject to applicable notice and cure periods contained herein, this shall constitute an Event of Default.

6.4 NON-LIABILITY OF OFFICIALS, EMPLOYEES AND AGENTS. No official elected or appointed, officer, director, employee, or agent of the City shall be personally liable to the Owner for any obligation created under the terms of this Agreement.

6.5 INSURANCE AND INDEMNITY. Owner shall comply with the insurance and indemnification provisions set forth in Exhibit B and incorporated herein by this reference. 329

6.6 GOVERNING LAW. This Agreement shall be interpreted under and be governed by the laws of the State of California, except for those provisions relating to choice of law and those provisions preempted by Federal law.

6.7 AGREEMENT CONTROLS. In the event that any provision of this Agreement and that contained in any other loan document conflict, the terms of this Agreement shall control.

6.8 TIME. Time is of the essence in this Agreement.

6.9 CONSENTS AND APPROVALS. Any consent or approval of the City required under this Agreement shall not be unreasonably withheld. Any approval must be in writing and executed by an authorized representative of the City.

6.10 NOTICES, DEMANDS AND COMMUNICATIONS. Formal notices, demands and communications between the Owner and the City shall be sufficiently given and shall not be deemed given unless dispatched by one or more of the following methods: (i) registered or certified mail, postage prepaid, return receipt requested, (ii) a nationally recognized overnight delivery service (e.g., Federal Express, United Parcel Service), or (iii) delivered personally, to the principal offices of the Owner and the City. Any such Notice shall be deemed to be received by the addressee, regardless of whether or when any return receipt is received by the sender or the date set forth on such return receipt, on the day that it is delivered by personal delivery, on the date of delivery by a nationally recognized overnight courier service or three (3) calendar days after it is placed in the United States mail, as provided in this Subsection.

The following are the authorized addresses for the submission of Notices to the Parties:

City: City of Goleta
130 Cremona Drive
Goleta, CA 93117
Attn: Housing Staff

With copy to: City of Goleta
130 Cremona Drive
Goleta, CA 93117
Attn: City Attorney

Owner:

With copy to:

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With a copy to:

6.11 BINDING UPON SUCCESSORS. This Agreement shall be recorded and all provisions of this Agreement shall be binding upon and inure to the benefit of the heirs, administrators, executors, successors-in-interest, transferees, and assigns of the Owner, and the City, and shall run with th e land for the full Term of this Agreement, regardless of any assignment, payment, prepayment, expiration, extinguishment of any City or other financing, any reconveyance of any Deed of Trust, or any conveyance or transfer of the Property or portion thereof.

6.12 RELATIONSHIP OF PARTIES. Nothing contained in this Regulatory Agreement shall be interpreted or understood by any of the Parties, or by any Third Person, as creating the relationship of employer and employee, principal and agent, limited or general partnership, or joint venture between City and Owner or Owner’s agents, employees, or contractors. Owner shall at all times be deemed an independent contractor and shall be wholly responsible for the manner in which it or its agents, or both, perform any serv ices required of them by the terms of this Regulatory Agreement regarding the Project or the Property. Owner shall have the right to exercise full control of employment, direction, compensation, and discharge of all Persons assisting Owner in the developme nt, operation, or maintenance of the Project or the Property. Owner shall be solely responsible for all matters relating to payment of its employees, including compliance with tax withholding and all other Laws governing such employees. Owner shall be sole ly responsible for its own acts and those of its agents and employees.

6.13 WAIVER. Any waiver by the City of any obligation in this Agreement must be in writing. No waiver will be implied from any delay or failure by the City to take action on any breach or default of the Owner or to pursue any remedy allowed under this Agreement or applicable law. Any extension of time granted to the Owner to perform any obligation under this Agreement shall not operate as a waiver or release from any of Owner’s obligations under this Agreement. Consent by the City to any act or omission by the Owner shall not be construed to be consent to any other or subsequent act or omission or to waive the requirement for the City’s written consent to future waivers.

6.14 AMENDMENTS AND MODIFICATIONS. Any amendment to or
modification of this Agreement must be in writing and shall be made only if executed by both the Owner and the City.

6.15 SEVERABILITY. Every provision of this Agreement is intended to be severable.

If any provision of this Agreement shall be held invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired.
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6.16 COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which, taken together, shall constitute one and the same Agreement.

Signatures appear on following page. No further text appears here.

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IN WITNESS WHEREOF, City and Owner have caused this Agreement to be executed by their respective duly authorized officers.

CITY: OWNER:

City of Goleta, ,
a California municipal corporation a California limited partnership its Managing General Partner

By: By:

ROBERT NISBET [NAME]
City Manager [TITLE]

APPROVED AS TO FORM:

MEGAN GARIBALDI

CITY ATTORNEY

By:

Assistant City Attorney

APPROVED AS TO CONTENT:

PETER IMHOF
Department Director
Planning & Environmental Review

By:

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ACKNOWLEDGMENT

State of California
County of Santa Barbara

On before me, , Notary Public,
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 334

ACKNOWLEDGMENT

State of California
County of Santa Barbara

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 335

Exhibit A
Legal Description of the Property
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Exhibit B
Indemnification and Insurance Provisions

A. Indemnification.

1. City Indemnity Obligations. City shall indemnify the Owner against any claim to the extent such claim arises from any wrongful intentional act or negligence of the City, but only to the extent that City may be held liable under applicable law for such wrongful intentional act or negligence and exclusive of any violation of law (including the State Constitution) relating to City’s approval, entry into or performance of this Agreement. Nothing in this Agreement is intended nor shall be interpreted to waive any limitation on City’s liability, any exemption from liability in favor of City, any claim presentment requirement for bringing an action regarding any liability of City or any limitations period applicable to liability of City, as set forth in Government Code Sections 800, et seq., Sections 900, et seq., or in any other law or require City to indemnify any party beyond such limitations on City’s liability.

2. Owner Indemnity Obligations. Owner shall indemnify the City against any claim to the extent such claim arises from any wrongful intentional act or negligence of the Owner. Owner shall also indemnify the City against any and all of the following: (a) any application made by or at Owner’s request; (b) any agreements that Owner (or anyone claiming by or through Owner) makes with a third party regarding the Pr operty or the Project; (c) any workers compensation claim or determination relating to any employee of the Developers or their contractors; (d) any Prevailing Wage action relating to this Agreement or the Project; and (e) any environmental claim attributable to any action or failure to act by the Owner.

B. Independence of Insurance Obligations.

1. Owner’s indemnification obligations under this Agreement shall not be construed or interpreted as in any way restricting, limiting, or modifying Owner’s insurance or other obligations under this Agreement. Owner’s obligation to indemnify City under this Agreement is independent of Owner’s insurance and other obligations under this Agreement. Owner’s compliance with its insurance obligations and other obligations under this Agreement shall not in any way restrict, limit, or modify Owner’s indemnification obligations under this Agreement and are independent of Owner’s indemnification and other obligations under this Agreement.

C. Survival of Indemnification and Defense Obligations. The indemnity and defense obligations of the Parties under this Agreement shall survive the expiration or earlier termination of this Agreement, until any and all actual or prospective claims regarding any matter subject to an indemnity obligation under this Agreement are fully, finally, absolutely and completely barred by applicable statutes of limitations.
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D. Indemnification Procedures. Wherever this Agreement requires any Party to indemnify the other Party:

1. Prompt Notice. The indemnifying Party shall promptly notify the other Party of any claim.

2. Selection of Counsel . The indemnifying Party shall select counsel reasonably acceptable to the other Party. Counsel to indemnifying Party’s insurance carrier that is providing coverage for a claim shall be deemed reasonably satisfactory, except in the event of a potential or actual conflict of interest for such counsel regarding such representation or such counsel proves to be incompetent regarding such representation. Even though the indemnifying Party shall defend the claim, the other Party may, at its option and its own expense, engage separate counsel to advise it regarding the claim and its defense. The other Party’s separate counsel may attend all proceedings and meetings. The indemnifying Party’s counsel shall actively consult with the other Party’s separate counsel. The indemnifying Party and its counsel shall, however, control the defense, except to the extent that the other Party waives its rights to indemnity and defense for such claim.

3. Cooperation. The other Party shall reasonably cooperate with the indemnifying Party’s defense of the other Party.

4. Settlement. The indemnifying Party may only settle a claim without the consent of other Party, if the Claim is within the policy limi ts of applicable insurance policies provided in satisfaction of the requirements of this Agreement and such settlement procures a release of other Party from the subject claims, does not require other Party to make any payment to the claimant and neither o ther Party nor indemnifying Party on behalf of other Party admits any liability.

Notwithstanding the immediately preceding sentence or any other provision of this Agreement, the other Party ‘s consent shall be required to settle any and all claims under builder’s risk insurance.
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Exhibit C
Intent to Reside Statement

I hereby declare that if I am to lease, rent and use one of the restricted affordable units available at the Hollister Village Apartments through the City of Goleta’s Affordable Housing Program, I will use the restricted affordable unit as my domicile as defined by Elections Code section 349.

My failure to occupy a restricted affordable unit as my domicile will result in eviction from my unit. I do not lease, rent, or own or partially own any other real property in any other location.

Only I and other tenants whose income is used to determine eligibility to lease one of the affordable restricted units will live in the restricted affordable unit. At no time during the duration of my tenancy will I lease/rent or sublease the unit either in whole or in part or lease/rent the unit as a short-term rental property in whole or in part or otherwise allow temporary occupancy for consideration by any person without approval of the City of Goleta’s Affordable Housing Program staff. I will also cooperate with my landlord and the City of Goleta in determining and certifying my income annually.

________________________________ ______________________________ Name (Applicant/Tenant) Name (Co-Applicant/Tenant)

________________________________ _______________________________ Signature Signature

________________________________ _______________________________ Date Date

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EXHIBIT 3 TO EXHIBIT D TO ATTACHMENT 3

HERITAGE RIDGE PROJECT

2021 Lot 3 Appraisal
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APPRAISAL REPORT:

PROPOSED PARK SITE

NORTH SIDE CAMINO VISTA

GOLETA, CALIFORNIA

Date of Value: Prepared For:

April 22, 2021 Jaren Nuzman
FLT Heritage Ridge TG, LLC
c/o TK Consulting, Inc.
2082 Michelson, 4th Fl.

Irvine, Ca 92612
(949) 285-7730
Date of Report: [email protected]
April 23, 2021

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2 April 23, 2021

Jaren Nuzman
FLT Heritage Ridge TG, LLC
c/o TK Consulting, Inc.
2082 Michelson, 4th Fl.

Irvine, Ca 92612
(949) 285-7730
[email protected]

Reference: Real Estate Appraisal
Proposed Park Site
North Side of Camino Vista
Goleta, California

Dear Mr. Nuzman:

As requested, I have proceeded with the work necessary to provide my opinion of the market value of the fee simple estate in the above referenced property, as of April 22, 2021.

The findings of my investigations are summarized on the following pages. Please refer to the Addenda of this letter for mo re specific property identification, definitions, assumptions, limiting conditions, and certification.

This appraisal report is intended to comply with the reporting requirements set forth under Standards Rule 2 -2(a) of the Uniform Standards of Professio nal Appraisal Practice.

The subject property does not yet exist as a separate legal parcel. This appraisal is made under the hypothetical condition that the subject property exists as a legally separate parcel . This appraisal has been made subject to the extraordinary assumption that an ESHA does not exist on the subject . These conditions may have impacted the assignment results.

Market Conditions
Values of most property types in southern Santa Barbara County increased in the years following the Great Recession. According to MLS statistics, beginning in 2012, the median price of single -family homes on the South C oast increased by between 18% and 20% in 2013 and 2014, followed by a small decrease of 2% in 2015, then moderate increases in 2016 and 2017, a small decrease in 2018, a small increase in 2019 and significant incr eases in 2020 and year to date 2021. Set ou t 342

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below is a table illustrating the change to the median home price for single family homes on the South Coast.

Location Description
The subject is located in the City of Goleta, which is part of the Goleta Valley. The Goleta Valley is bounded on the east by the City of Santa Barbara, on the north by the Santa Ynez Mountains, on the south by the Pacific Ocean and on the west by agricultural lands. Total land area of the valley is approximately 30 square miles.

Development and growth of the University o f California at Santa Barbara, Vandenberg Air Force Base (near Lompoc), and the attraction of research and development industries provided the primary impetus for the growth of the Goleta Valley starting in the 1960's. The economic make up of the Goleta Va lley is diverse ranging from government (University of California at Santa Barbara and City of Goleta) to large defense subcontractors, to high technology and medical technology.

The City of Goleta incorporated on February 1, 2002 with a population of approximately 28,000. As of 2019, the population was estimated by to be 30, 900.

The wider Goleta Valley, which includes the City of Goleta and surrounding unincorporated areas have a population of appr oximately 60,000. Population growth is forecasted to be very slow due to the lack of new housing development.

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The mild climate and picturesque setting found in the area will likely continue to create demand for all types of real estate in the Goleta Valley over the long run.

As a result of the statewide draught, on October 1, 2014, the Goleta Water District enacted a moratorium on new or expanded water connections. No project that did not have water rights as of October 1, 2014 can be approved. The moratorium will be in effect until delivery of water from Lake Cachuma returns to 100% of normal delivery, the district meets its obligations under the Wright Lawsuit, there is no water rationing, and the district has met the obligation to the Annual Storage Commitment to the Draught Buffer. This moratorium clearly has a negative impact on the value of unimproved land that lacks a water meter and significant historic use.

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The subject property is located in small residential neighborhood that is bounded by Hollister Avenue and the Santa Barbara Airport to the south, a large business park to the west, the Union Pacific Railroad Tracks and US Highway 101 to the north, and a small light industrial neighborhood to the east. The primary development in the area of the subject is the Willow Springs Apartment Complex. Thi s complex is located adjacent southerly of the subject property and is a 335-unit apartment complex that was built in two phases. The specific location of the subject within the neighborhood is judged to be average.

The subject development is part of the wider Heritage Ridge Development. This development (inclusive of the subject) consists of 16.2 acres with a 104-unit affordable house apartment project, a 228-market rate apartment project, and the subject two-acre public park. The site plan for the whole project is set out below; the subject property is outlined in yellow (note that the affordable portion of the subject development is shown as Senior Housing, as this map is from an earlier iteration of the project):

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Site Description
The subject property is located on the north side of Camino Vista. The subject property is irregular in shape and mostly level to gently sloping. Total site area is approximately 87,170 square feet (2.00 acres) per the vesting tentative parcel map for Heritage Ridge.

Set out below is an aerial photograph of the subject property (outlined in yellow) and the surrounding area.

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The subject consists of portions of four adjacent assessor’s parcels (APN: 073-060- 035, 36, 37, & 38). Set out below is the vesting tentative parcel map for the subject neighborhood. The subject parcel is outlined in yellow.

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The city of Goleta’s General Plan Land Use Map designates the subject property as medium density residential. The general plan’s Park and Recreation Plan Map designates that the subject development support a neighborhood park (see below), followed by a close up of the subject development from that map. 348

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The property is zoned RM, “Residential – Medium Density,” under the jurisdiction of the City of Goleta . This designation is intended to provide areas for medium density residential uses. The maximum site coverage is 30%. Maximum building height allowed in the zone is 35 feet (in the inland area) . Minimum density is 15 units per acre while maximum density is 20 units per acre.

Access to the subject is via Camino Vista, a public street with a right-of-way width of approximately 64 feet at the subject location.

The wider subject site was a party to Santa Barbara Superior Court Case #232281, which confirmed that the property was entitled to water service by the Goleta Water District. Thus, it is assumed to have water rights sufficient for the highest and best use of the property.

Per FEMA Map Panel 06083C1361G dated 12/4/2012, the subject property appears to be located in Zone X, an area outside the 100-year flood plain. Thus, the subject is not likely to be required to have flood insurance.

A small portion of the subject is currently mapped as Environmentally Sensitive Habitat (ESHA) in the City of Goleta’s General Plan. A site-specific biological study performed by Dude k demonstrates that the area shown as ESHA does not qualify as habitat as determined by the definition of ESHA under General Plan Sub- Policy CE 1.1. The owner has requested that the City remove this ESHA designation from the General Plan. This mapping amendment request is consistent with previous City General Plan amendments adopted for the Willow Springs II project (located directly south of the subject), by which the City of Goleta removed an identical ESH A mapping designation from the Willow Springs II property. Therefore, this appraisal has been made subject to the extraordinary assumption that an ESHA does not exist on the subject. This assumption may have impacted the results of this assignment.

Finally, the subject is reported to have archeological resources in several areas on the site.

Highest & Best Use:

The subject site has the physical potential to support a wide variety of uses. Legally permissible uses under zoning consist of a multi-family residential. However, the general plan designates the subject property as a future park. Thus, the highest and best use of the subject property is a park (in conjunction with the development of the wider Heritage Ridge Community).

Valuation
The valuation of the subject property will consist of a Sales Comparison Approach.

In the Sales Comparison Approach to value, sales of comparabl e properties are analyzed for the purpose of indicating what a typical well-informed buyer and/or seller would consider in forming an opinion of the worth of the subject property as of the date of value. This valuation concept is based on the theory of substitution in which a basic premise is that a typical buyer would not pay more for a particular property than the cost to acquire an alternative property that similarly satisfies his wants and needs. 350

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I have investigated sales that are deemed to be comparable to the subject. The unit of comparison used in the following analysis is price per square foot. Set out below is a summary of the most pertinent data.

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Data No. 1

Data No. 1 (South of Mathilda Drive; $9.84/Sq. Ft.) is 2018 sale of a rectangularly shaped parcel of land that is located in Goleta. This property was purchased by the City of Goleta as part of their effor t to purchase undeveloped lots in this environmentally sensitive area. Althoug h the property is zoned for residential development, it is entirely within an environmentally sensitive habitat. Further, there is no developed access to the property. The nearest road is approximately 100 feet north of the parcel.

The property is superior to the subject in that it was not designated as a park in the general plan (as the subject is). Further, this property did not have archeological constraints as does the subje ct. Alternatively, it sold at a time when market conditions were significantly infer ior to current conditions . Additiona lly, it is significantly inferior to the sub ject in terms of access and because it is entirely environmentally sensitive habitat.

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Data No. 2

Data No. 2 (West Side Lin den at Railroad .; $12.27/Sq. Ft.) is the 2013 sale of a 62,466 square foot rectangularly shaped level parcel that abuts the Union Pacific Railroad tracks in Carpinteria. The property is zoned for recreation. The seller, the railroad, sold the property to the City of Carpinteria with a deed restriction limited the use to recreation/open space.

This property did n ot have archeological constraints as does the subject.

Alternatively, this data sold when market conditions were significantly inferior to current conditions.
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Data No. 3

Data No. 3 (4855 5th Street; $12.35/Sq. Ft.) is the 2012 sale of a 28,750 square foot rectangularly shaped level parcel that abuts the Union Pacific Railroad tracks. At the time of sale, th e pr operty was zoned commercially but had a general plan designation as open space/recreation. The seller, the railroad, sold the property to the City of Carpinteria with a deed restriction limited the use to recreation/open space. A southern portion of this property is subject to a railroad setba ck and a n underground easement for fiber optics (that prohibits the construction of structures on this area). The buyer is using the site as a community garden.

This property did n ot have archeological constraints as does the subject.

Alternatively, this data sold when market conditions were significantly inferior to current conditions. Further, it is slightly inferio r to the subject in terms of easements.
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Data No. 4

Data No. 4 (170 S. Kellogg Ave.; $15.14/Sq. Ft.) is 2011 sale of a nearly rectangularly shaped, level to gently sloping parcel of land located in Old Town Goleta near Data No. 2. This property is adjacent to San Jose Creek and approximately 27% of the property is in the floodway and is environmentally sensitive habitat, and an additional 35% is in the floodplain.

The southerly 15% of the property had a general plan designation and was zoned for commercial development. The northerly 85% of the property had a multi-residential general plan designation and was zoned for 10 units per acre. At the same time, the City of Goleta was reportedly planning for the development of this property with a park for at least several years prior to their purchase of it in this transaction.

This property is superior to th e subject in terms of development potential and archeological constraints. Alternatively, this data is inferior to the subject because a portion of the property is in the floodway, because a portion of the property is encumbered with a flood control easement, and in terms of market conditions. 355

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Data No. 5

Data No. 5 (South of Mathilda Drive; $ 17.86/Sq. Ft. ) is current listing of a rectangularly shaped parcel of land that is located in Goleta. This property is in an area where the City of Goleta is making an effort to purchase undeveloped lots due to the environmental sensitivity of the area. Although the property is zoned for residential development, it is entirely within an environmentally sensitive habitat area. Further, there is no developed access to t he property. The nearest road is approximately 300 feet north of the parcel.

The property is superior to the subject in that it was not designated as a park in the general plan (as the subject is). Further, this property did not have archeological constraints as does the subject. Alternatively, it is a listing, not a sale. Additionally, it is significantly inferior to the subject in terms of access and because it is entirely environmentally sensitive habitat.

Value Conclusion
The data range from $9.84 to $17.86 per square foot before adjusting for differences with the subject. Set out below is an adjustment grid where the sale price s of the comparable data have been adjusted in an attempt to account for differences between the subject and the comparable data.

A modest 2% upward adjustment was made to Data No. 3 as a portion of this property was encumbered with an easement. A 50% downward adjustment was made to Data Nos. 1 , 4 and 5, which were sold with out deed restrictions and/or general plan 356

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designations that restrict the use of the property to that of a park or open space (as is the case with the subject).

Market conditions were adjusted for by calculating the difference between the median home price on the south coast for the six months prior to the date of value versus that figure for the six months prior to the date of sale for each comparable sale. Data No. 5 was adjusted downward by 10% to account for the fact that it is a listing, not a sale.

Data Nos. 1 and 5 were adjusted upward by 50% for their lack of access. All of the data were adjusted downward by 40% to account for the archeological constraints on the subject. Finally, Data Nos. 1, 4 and 5 were adjusted upward by 15-30% to account for the fact that they have areas in the flood zone, floodway, environmentally sensitive habitat and are encumbered by flood control easements. Data Nos. 1 and 5 (30% adjustment) are entirely within an environmentally sensitive habitat area while Data No. 4 is only partially within.

The adjustment table is set out below:

Once adjusted for differences with the subject, the data indicate a range of value from approximately $13 to $24. The five adjusted prices average $18.29 per square foot. 357

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All of the Data required very significant adjustments. The most comparable data are judged to be Data No. 2 ($18.88/Sq. Ft. - Adjusted) which required the lowest amount of adjustment. Placing slightly more weight on this data, with primary consideration of the average of the five data, and considering current robust market conditions, a value of $18.50 per square foot is judged to be equivalent to market value for the subject. The value of the subject has been calculated as follows:

Subject Site Area: 87,170
Multiplied by Estimated Value/Sq. Ft.: x $18.50
Indicated Value of Subject Property: $1,612,645

Indicated Value, Rounded: $1,610,000

Therefore, the opinion has been formed that the market value of the Fee Simple Estate in the subject property, based on assumptions, limiting conditions and certification stated, as of the date of value, was the sum of $1,610,000

ONE MILLION SIX HUNDRED TEN THOUSAND DOLLARS

This appraisal is made under the hypothetical condition that the subject property exists as a legally separate parcel.

This appraisal has been made subject to the extraordinary assumption that an ESHA does not exist on the subject.

These conditions may have impacted the assignment results.

I hope the information contained within this appraisal report is sufficiently explanatory. Should you have any questions or require further detail, please feel free to contact me.

Sincerely,

Stephen G. Schott, MAI
CA #AG024150

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ADDENDA/USPAP REPORTING REQUIREMENTS

Ownership Information
The owner of record for the subject property is Heritage Ridge LP.

Assessors Parcel Number
Portions of 073-060-035, 36, 37, & 38

Scope of Work
My work has included a n inspection of the subject property, a survey of market data, and valuation analyses.

Pertinent Conditions of Title
A title report for the subject has not been reviewed. Apart from those discussed herein, there do not appear to be any existing easements, liens or encumbrances that could materially adversely affect the value or use of the subject property.

Type of Value and Date of Appraisal
This appraisal sets forth my opinion as to the market value of the fee simple estate in the real property described herein. Opinions and other matters expressed in this report are stated as of April 22, 2021.

Function of Appraisal
The function of this appraisal is to provide valuation information to the owner and the City of Goleta for permit processing purposes.

Intended Use & User
The intended use of this appraisal report is for permit processing purposes. The intended users are the owner of the subject property and the City of Goleta.

Exposure Time
The estimated exposure time (the time prior t o the date of value that the property would have needed to have been marketed for in order for it to sell) for the subject property would have been eighteen months, assuming a realistic asking price.

Definition of Terms

MARKET VALUE

Market value is the major focus of most real property appraisal assignments. Both economic and legal definitions of market value have been developed and refined.

A current economic definition agreed upon by federal financial institutions in the United States of America is:

Market value means the most probable price which a property should bring in a competitive and open market under all conditions requisite 359

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to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby:

(1) Buyer and seller are typically motivated;
(2) Both parties are well informed or well advised, and acting in what they consider their own best interests;
(3) A reasonable time is allowed for exposure in the open market; (4) Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and
(5) The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale.

Source: OCC, 12 CFR, Part 34, Subpart C-Appraisals 34.42 Definitions (g).

FEE SIMPLE ESTATE
The term, "fee simple estate", as used in this report, is defined as follows:

An absolute fee; a fee without limitations to any particular class of heirs or restrictions, but subject to the limitations of eminent domain, escheat, police power, and taxation. An inheritable estate.

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ASSUMPTIONS AND LIMITING CONDITIONS

This appraisal report has been made with the following hypothetical condition/extraordinary assumption:

1) This appraisal is made under the hypothetical condition that the subject property exists as a legally separate parcel. This condition may have impacted the assignment results.

2) This appraisal has been made subject to the extraordinary assumption that an ESHA does not exist on the subject. This assumption may have impacted the assignment results.

This appraisal report has been made with the following general assumptions and limiting conditions:

1) This appraisal report is intended to comply with the reporting requirements set forth under Standard Rule 2-2(a) of the Uniform Standards of Professional Appraisal Practice for a n Appraisal Report. Supporting documentation concerning the data,
reasoning, and analyses is retained in the appraiser's file. The information contained in this report is specific to the needs of the client and for the intended use stated in this report. The appraiser is not responsible for unauthorized use of this report.

2) No responsibility is assumed for legal or title conside rations.

Title to the property is assumed to be good and marketable unless otherwise stated in this report.

3) The property is appraised free and clear of any or all liens and encumbrances unless otherwise stated in this report.

4) Responsible ownership and competent property management are assumed unless otherwise stated in this report.

5) The information furnished by others is believed to be reliable.

However, no warranty is given for its accuracy.

6) All engineering is assu med to be correct . Any plot plans and illustrative material in this report are included only to assist the reader in visualizing the property.

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7) It is assumed that there are no hidden or non-apparent conditions of the property, subsoil, or structures that render it more or less valuable. No responsibility is assumed for such conditions or for arranging for engineering studies that may be required to discover them.

8) It is assumed that there is full compliance with all applicable federal, state, and local environmental regulations and laws unless otherwise stated in this report.

9) It is assumed that all applicable zoning and use regulations and restrictions have been complied with, unless a nonconformity has been stated, defined, and considered in this appraisal report.

10) It is assumed that all required licenses, certificates of occupancy or other legislative or administrative authority from any local, state, or national governmental or private entity or organization have been or can be obtained or renewed for any use on which the value estimates contained in this report are based.

11) Any sketch in this report may show approximate dimensions and is included to assist the reader in visualizing the property. Maps and exhibits found in this report are provided for reader reference purposes only. No guarantee a s to accuracy is expressed or implied unless otherwise stated in this report. No survey has been made for the purpose of this report.

12) It is assumed that the utilization of the land and improvements is within the boundaries or property lines of the property described and that there is no encroachment or trespass unless otherwise stated in this report.

13) The appraisers are not qualified to detect hazardous waste and/or toxic materials. Any comment by the appraiser that might suggest the possibility of the presence of such substances should not be taken as confirmation of the presence of hazardous waste and/or toxic materials. Such determination would require investigation by a qualified expert in the field of environmental assessment.

The presence of substances such as asbestos, urea-formaldehyde foam insulation, or other potentially hazardous materials may affect the value of the property. The appraiser's value estimate is predicated on the assumption that there is no such material on or in the property that would cause a loss in value unless otherwise stated in this report. No responsibility is assumed for environmental conditions, or for any expertise or engineering knowledge required to discove r them. The appraiser's
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descriptions and resulting comments are the result of the routine observations made during the appraisal process.

14) Unless otherwise s tated in this report, the subject property is appraised without a specific compliance survey having been conducted to determine if the property is or is not in conformance with the requirements of the Americans with Disabilities Act. The presence of architectural and communications barriers that are structural in nature that would restrict access by disabled individuals may adversely affect the property's value,
marketability, or utility.

15) Any proposed improvements are assumed to be completed in a good workmanlike manner in accordance with the submitted plans and specifications.

16) The d istribution, if any, of the total valuation in this report between land and improvements applies only under the stated program of utilization. The separate allocati ons for land and buildings must not be used in conjunction with any other appraisal and are invalid if so used.

17) Possession of this report, or a copy thereof, does not carry with it the right of publication. It may not be used for any purpose by any person other than the party to whom it is addressed without the written consent of the appra iser, and in any event, only with property written qualification and only in its entirety.

18) Neither all not any part of the contents of this report (especially any conclusions as to value, the identity of the appraiser, or the firm with which the appraiser is connected) shall be disseminated to the public through advertising, public relations, news sales, or other media without prior written consent a nd approval of the appraiser.

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CERTIFICATION

I certify that, to the best of my knowledge and belief:

• the statements of fact contained in this report are true and correct.

• the reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal, impartial, and unbiased professional an alyses, opinion, and conclusions.

• I have no present or prospective interest in the property that is the subject of this report, and we have no personal interest or bias with respect to the parties involved.

• I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment.

• my engagement in this assignment was not contingent upon developing or reporting predetermined results.

• my compensation for completing this assignment is not contingent upon the reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value estimate, the attainment of a stipulated result, or the occurren ce of a subsequent event directly related to the intended use of this appraisal.

• that this appraisal assignment was not based on a requested minimum valuation, a specific valuation, or the approval of a loan.

• my analyses, opinions and conclusions were d eveloped, and this report has been prepared, in conformity with the U niform Standards of Professional Appraisal Practice (USPAP) of the Appraisal Foundation and in accordance with the Code of Professional Ethics and the standards of Professional Practice of the Appraisal Institute.

• I have made a personal inspection of the property that is the subject of this report.

• no one provided significant professional assistance to the person signing this report.

• that the use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives

• I have performed no services as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment.

As of the date of t his report, I have completed the requirements under the continuing education program of the Appraisal Institute.

___________________________
Stephen G. Schott, MAI
CA#AG024150

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ATTACHMENT 4

Heritage Ridge Residential Project
Development Plan Resolution
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1 RESOLUTION 23 - ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GOLETA, CALIFORNIA

APPROVING THE DEVELOPMENT PLAN FOR THREE HUNDRED THIRTY-TWO

APARTMENT UNITS WITH A PARKING CONCESSION AND A PUBLIC PARK FOR THE HERITAGE RIDGE RESIDENTIAL P ROJECT; APNS 073-060-031 THROUGH - 043; CASE NO. 14-049-DP

WHEREAS on May 20, 2014, the Towbes Group applied requesting approval of a General Plan/Local Coastal Land Use Plan (GPA/CLUP) amendment (GPA) to the Open Space Element and Conservation Element; a Vesting Tentative Map; and a Development Plan with Modification, for the development of 360 residential apartments and associated improvements on the parcels east of South Los Carneros Road and north of Camino vista Road, APNs 073-060-031 through -043; and

WHEREAS on October 1, 2014 , after a few resubmittals, the application was deemed complete; and

WHEREAS, on February 5, 2018, the application was updated to reflect a change in the number of units from 360 to 353 , which involved reducing the three -story building to two stories; and

WHEREAS other parts of the Project not considered in this Resolution include a General Plan Amendment (“GPA”), a Vesting Tentative Map (“VTM”), a public right -of way relinquishment and acquisition; and acquisition of an approximate two -acre public park; and

WHEREAS in accordance with State CEQA Guidelines Section 15082, on April 6, 2015, the City sent to the Office of Planning and Research and each responsible and trustee agency a Notice of Preparation (“NOP”) stating that an Environmental Impact Report (State Clearinghouse #2015041014) would be prepared; and

WHEREAS nine comment letters were received in response to the NOP; and

WHEREAS pursuant to Public Resources Code Section 21083.9 and State CEQA Guidelines Sections 15082(c) and 15083, the City held a duly noticed Scoping Meeting on April 29, 2015 to solicit comments on the scope of the enviro nmental review of the proposed Project and four comments were received; and

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WHEREAS a Draft Environmental Impact Report (“Draft EIR”) was prepared, incorporating comments received in response to the NOP; and

WHEREAS pursuant to State CEQA Guidelines Section 15087(e), the Draft EIR was circulated for at 52 -day public review and comment period from June 17, 2016 to August 8, 2016; and

WHEREAS during the public review and comment period, the City consulted with and requested comments from all respo nsible and trustee agencies, other regulatory agencies, and others pursuant to State CEQA Guidelines Section 15086, and held an Environmental Hearing Officer meeting on July 20, 2016 , to receive verbal public comments on the Draft EIR, where one comment was received; and

WHEREAS the City received fourteen written comment letters on the Draft EIR; and

WHEREAS in March of 2020, Redtail Multifamily Land Development, LLC became the project applicant and took over project processing and also entered into a partnership agreement with the Housing Authority of the County of Santa Barbara (HASCARBO); and

WHEREAS the current owners are FLT Heritage Ridge TG, LLC and GF Frontier, LLC, and the applicant/permittees are Red Tail Multifamily Land Development, LLC and HASCARBO; and

WHEREAS in January 2021, the Project was revised to include an affordable housing component; reduce the total number of housing units from 360 to 332 units; provide increased right-of-way along Los Carneros Road, resulting in a building setback shift along this roadway; a request for a Streamside Protection Area (SPA) buffer reduction of up to 33 feet in the northeast corner of the Project site; and address the updated CEQA Guidelines and thresholds; and

WHEREAS the Project requires approvals of a General Plan Amendment (14-049- GPA), Development Plan (14 -049-DP) with a parking concession as a density bonus 367
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project, and Vesting Tentative Map (14 -049-VTM); approval from the Design Review Board (14-049-DRB); approval of a road easement vacation and acquisition; a two -acre park acquisition (a 1.85 acre park and a 0.15 acre easement over 13 public parking spaces), and approval of a Park Fee credit for the Affordable Housing Units; and

WHEREAS on April 29, 2021, to address updated CEQA requirements and the redesign of the Project, a Revised Draft EIR was prepared and initially released for a 45- day public review and comment period; and

WHEREAS shortly after the initial release of the Revised Draft EIR for public review, it was determined that the public comment period should be restarted due to a noticing error as one of the revised topic areas was not listed in the notice. After correcting the notice, the Revised Draft EIR was recirculated for a 45 -day public review and comment period from May 14, 2021, to June 28, 2021 and the City held an Environmental Hearing Officer meeting on June 16, 2021, where six comments were received; and

WHEREAS the City received seven written comment letters on the Revised Draft EIR; and

WHEREAS the Revised Draft EIR further concluded that despite the incorporation of all feasible mitigation measures, the proposed Project would nonetheless result in significant and unavoidable impacts relating to cumulative cultural resource impacts, construction noise, and solid waste (project level and cumulative); and

WHEREAS in accordance with State CEQA Guidelines Section 1 5085, a Notice of Completion was prepared and filed with the Office of Planning and Research on April 29, 2021; and

WHEREAS during the public comment period, copies of the Revised Draft EIR and technical appendices were available for review and inspection on the City’s website; and

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WHEREAS subsequent to public review of the Revised Draft EIR, the grading plan was revised to reduce soil export, the site plan was revised to reduce total parking, and increase open space in order to achieve a 100 -foot buffer from the Los Carneros Creek Streamside Protection Area; and

WHEREAS pursuant to Public Resources Code Section 21092.5, the City provided copies of its responses to commenting public agencies at least ten (10) days prior to the City’s Planning Commission initially planned consideration of t he Final EIR on February 28, 2022; and

WHEREAS, at the request of the public in order to allow the public ample time to review the Final EIR, the City chose not to hold the February 28, 2022, Planning Commission hearing and continued the matter to March 28, 2022; and

WHEREAS the Planning Commission continued the review from the April 25, 2022, to allow staff time to respond to the verbal and written comments received; and

WHEREAS on February 15, 2022 and October 13, 2022, the City released the initial and revised Final EIR (“Final EIR”), which consists of the Draft EIR, Revised Draft EIR, all technical appendices prepared in support of the Draft EIR and Revised EIR, all written comment letters received on the Draft EIR and Revised Draft EIR, written responses to all written comment letters received on the Draft EIR and Revised Draft EIR, and errata to the Draft EIR, Revised Draft EIR and technical appendices; and

WHEREAS as contained herein, the City has endeavored in good faith to set forth the basis for its decision on the Project; and

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WHEREAS on November 14 , 2022, the Planning Commission held a noticed public hearing on the merits of the Development Plan and associat ed components, at which time all interested persons were given an opportunity to be heard . The Planning Commission, on a 4-1 vote, recommended approval to the City Council of the project and park option #2 (Original Design); and

WHEREAS on March 7, 2023, the City Council conducted a duly noticed public hearing regarding the adequacy of the Final EIR, at which time all interested parties were given the opportunity to be heard; and

WHEREAS prior to acting, the City has heard, been presented with, reviewed and considered all of the information and data in the administrative record, including but not limited to the EIR, and all oral and written evidence presented to it during all meetings and hearings; and

WHEREAS no comments made in the public hearings c onducted by the City and no additional information submitted to the City have produced substantial new information requiring recirculation of the EIR or additional environmental review of the Project under Public Resources Code Section 21092.1 and State CE QA Guidelines Section 15088.5; and

NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF GOLETA HEREBY RESOLVES:

SECTION 1. Factual Findings

The City Council finds as follows:

a. The property consists of 17.36 total gross acres with 14.07 net developable acres.

The property has a General Plan land use designation of Residential Medium Density, an Affordable Housing Opportunity Site designation and is located in the General Plan’s Central Hollister Residential Development Area that permit s a density of 25 u nits per acre. The Project has a density of 23.6 units per acre consistent with the Affordable Housing Opportunity site maximum density allowance of 25 units per acre. Exhibit 2 contains the Project General Plan Consistency Analysis.

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b. The Project incl udes a request for a Development Plan for the construction of 40 senior affordable rental apartment units (62 years and older), 62 family affordable apartment units and two manager’s units , 228 market rate rental apartment units and an approximately 2-acre public park to be dedicated to the City . Lots 1 and 2 (for the affordable units) and Lot 4 (market-rate units) each has private open space and its own recreational amenities.

c. Along with developing the 228 market -rate units on Lot 4, t he owners/permittee of Lot 4 will grade and install utility connections to Lots 1 and 2, and will also construct the park on Lot 3, including the parking spaces.

d. The site is vacant with large mounds of soil stored on the property. Approximately 92,000 cubic yards of soil will be exported from the site.

e. The property is gently sloping with the removal of the fill soil and has an irregular shape.

f. The property has adequate ingress and egress from Camino Vista that meets Fire Department requirements.

g. The factual findings in this Section are based upon substantial evidence found within the entirety of the administrative record.

SECTION 2. Environmental Assessment Findings

Resolution No ____ recommends certification of the Final EIR (SCH #201 5041014), adoption of findings under CEQA, adoption of the MM RP and Statement of Overriding Consideration, and, among other things, properly assesses the environmental impact of the Project in accordance with CEQA. Resolution No. ____ is incorporated herein by reference.

SECTION 3. Development Plan Findings

The City Council makes the following findings regarding the Development Plan pursuant to Section 35-317.7 of the Inland Zoning Ordinance:

a. That the site for the project is adequate in size, shape, location, and physical characteristics to accommodate the density and intensity of development proposed

The Project site is adequate in size, shape, location, and physical characteristics to accommodate the density and intensity of the proposed Project as all of the 371
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setbacks, building coverage, and common open space requirements can be met on the 17.36 -gross acre site. Based on the parking requirements of Article III zoning, the project would be required to provide 5 42 parking spaces. However, the applicant has requested a parking concession under State Density Bonus Law because of the provision of affordable housing units. Under State Density Bonus provisions, the entire Project of 332 units would require a minimum of 455 parking spaces to be provided. The Project provides 494 parking spaces which meets the parking requirements using the State Density Bonus provisions . If the affordable housing (qualifying for the parking concession) is not developed, the Project would defer to parking requirements per City’s zoning standards and will be required to provide the spaces pursuant to the Conditions of Approval

b. That adverse impacts are mitigated to the maximum extent feasible

As set forth in the administrative record in cluding, without limitation, City Council Resolution 23-___, the Project’s Final EIR, MMRP and the Statement of Overriding Considerations, the Project’s environmental impacts have been fully analyzed and the environmental impacts will be mitigated to the m aximum extent feasible. The Final EIR and MMRP identified 28 mitigation measures in the topic areas of aesthetics, air quality, biological resources, cultural resources, geology and soils, hydrology and water quality, noise, and transportation, with the e xpressed intention of minimizing environmental impacts.

c. That streets and highways are adequate and properly designed

As set forth in the administrative record including, without limitation, the accompanying staff report, requirements from the City’s Public Works Department, and the Project’s Final EIR, the adjacent streets and highways are adequate and properly designed to accommodate the additional traffic anticipated to be generated by this project. No new streets are proposed to be create d with this project and internal circulation within the project will be provided via driveways.

Further, the project has been conditioned to repair/restore any street damage resulting from the soil export and construction activities associated with the development of the Heritage Ridge project.

d. That there are adequate public services, including but not limited to, fire protection, water supply, sewage disposal, and police protection to serve the project

There are adequate public services, including but not limited to the Santa Barbara County Fire Protection District, Goleta Water District, Goleta Sanitary District and Santa Barbara County Sheriff’s Department to serve the project. These agencies and districts have adequate personnel and ca pacity to serve the Project. These 372
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agencies have provided the approved service determination letters verifying the ability to provide services along with conditions of approval, which have been incorporated into Exhibit 4 to ensure that the project complies with these agencies’ requirements.

e. That the project will not be detrimental to the health, safety, comfort, convenience, and general welfare of the neighborhood, and will not be incompatible with the surrounding areas

As set forth in the Project’s Final EIR and secured by the MMRP and Conditions of Approval, the Project will not be detrimental to the health, safety, comfort, convenience, and general welfare of the neighborhood and will not be incompatible with the surrounding areas. The project would be served by the appropriate water and wastewater districts and would have safe and adequate vehicular access for resident and emergency vehicles. Further, the type and density of the project is consistent with the General Plan designation for the site and will further strengthen the residential character of the Central Hollister Residential Corridor. The adjacent streets of Camino Vista, Calle Koral, and Los Carneros and Hollister Avenue all have capacity to handle the increase in traffic volume as documented in the Final EIR.

F. That the project is in conformance with 1) the Comprehensive Plan and 2) the applicable provisions of this Article and/or the project falls with the limited exception allowed under Section 35-306.7. (Amended by Ord. 4428, 6/18/96)

For the reasons set forth in General Plan Consistency Analysis , attached as Exhibit 2 and incorporated herein by reference, and the Zoning Consistency Analysis, attached as Exhibit 3, and incorporated herein by reference, and as set forth in the entire administrative record including the Final EIR, the Project conforms with all applicable laws including, without limitation, the Goleta Municipal Code and the General Plan/Coastal Land Use Plan. All of the required development standards of the DR-20 zoning district are met or exceeded.

g. That in designated rural areas the use is compatible with and subordinate to the scenic and rural character of the area

The site is not located within a designated rural area; therefore, this finding is not applicable to the Project.

h. That the project will not conflict with any easements required for public access through, or public use of a portion of the property

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The development and/or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed development. The project will not conflict with any public easements or right of ways as the roadway and slope easements proposed to be vacated have been determined to no longer be needed for public purposes.

SECTION 6. Actions

The City Council take the following actions:

a. Approve the Development Plan (Exhibit A Development Plan Site Plan ) for 332 apartment units, (comprising 41 senior affordable units, 63 family affordable units and 228 market rate apartment units), a parking concession, and an approximately 2-acre neighborhood public park (Design Option 2 also referred to as the Original Design) to be dedicated to the City based on the findings of Sections 1-5 above, the General Plan Consistency Analysis (Exhibit B), the Zoning Consistency Analysis (Exhibit C) and subject to conditions of approval provided (Exhibit D).

b. Direct staff to file a Notice of Determination within five (5) business days.

SECTION 8. Reliance on Record

Each and every one of the findings and determinations in this Resolution are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the project. The findings and determinations constitute the independent findings and determinations of the City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole.

SECTION 9. Limitations

The City Council analysis and evaluation of the project, including this Resolution, are based on the entire record, including the best information currently available. This includes competent and substantial evidence, both oral and written. It is inevitable that in evaluating a project that absolute and perfect knowledge of all possible aspects of the project will not exist. One of the major limitations on analysis of the project is the Planning Commission’s lack of knowledge of future events. In all instances, best efforts have been made to form accurate assumptions. Some what related to this are the limitations on the City's ability to solve what are in effect regional, state, and national problems and issues.

The City must work within the political framework within which it exists and with the limitations inherent in that framework.

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SECTION 10. Summaries of Information

All summaries of information in the findings, which precede this section, are based on the substantial evidence in the record. The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact.

SECTION 11. Duration of the Resolution
This Resolution will remain effective until superseded by a subsequent Resolution

SECTION 12. Copies of the Resolution
The City Clerk is directed to mail a copy of this Resolution to FLT Heritage Ridge TG, LLC, 2082 Michelson Dr, 4th Floor, Irvine, CA 92612; Housing Authority of the County of Santa Barbara, 815 W. Ocean Avenue, Lompoc, CA 93436; the Towbes Group , 21 E.

Victoria Avenue, Suite 200, Santa Barbara Ca 93101; GF Frontier LLC and, to any other person requesting a copy.

SECTION 13. Effective date of the Resolution
This Resolution will become effective immediately after adoption.

SECTION 14. Certification of the Resolution
The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED AND ADOPTED this ____ day of _______ 2023.

__________________________

PAULA PEROTTE
MAYOR

ATTEST: APPROVED AS TO FORM:

_________________________ __________________________

DEBORAH LOPEZ MEGAN GARIBALDI

CITY CLERK CITY ATTORNEY
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)
COUNTY OF SANTA BARBARA ) ss.

CITY OF GOLETA )

I, DEBORAH LOPEZ, City Clerk of the City of Goleta, California, DO HEREBY CERTIFY that the foregoing Resolution No. 23- __ was duly adopted by the City Council of the City of Goleta at a regular meeting held on the ___ day of _______, 20 23 by the following vote of the City Council:

AYES:

NOES:

ABSENT:

(SEAL)

_________________________

DEBORAH LOPEZ

CITY CLERK

Exhibit A – Development Plan Site Plan
Exhibit B – General Plan Consistency Findings
Exhibit C – Zoning Consistency Table
Exhibit D –Development Plan Conditions
Exhibit 1 – Agency Letters

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EXHIBIT ATO ATTACHMENT 4

HERITAGE RIDGE PROJECT

DEVELOPMENT PLAN –

Due to the size of the Plans, the plans can be accessed at:

https://www.cityofgoleta.org/home/showpublisheddocument/27797

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EXHIBIT B TO ATTACHMENT 4

HERITAGE RIDGE PROJECT

GENERAL PLAN CONSISTENCY ANALYSIS
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Heritage Ridge Residential Project
General Plan/Coastal Land Use Plan
Consistency Analysis

The project is consistent with the Goleta General Plan/Coastal Land Use Plan (GP/CLUP) as described below.

As indicated, the site is an AHO site, which requires development density between 20-25 units per acre (LU 8, LU 8.2). The Project has a density of 23.6 units per acre.

1 The maximum density is allowed to be 25 du/ac in accordance with footnote 5 to Table 2-1 of the GP/CLUP.
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GP/CLUP Consistency Analysis
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Open Space Policy OS 6.4 states:

2 California Department of Finance Persons Per Household for Santa Barbara County estimate for 2020 380
Exhibit B to City Council Resolution No. 23-___
GP/CLUP Consistency Analysis
Heritage Ridge Residential Project
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All park options meet the Open Space Element and ultimate design will be determined by the City Council:

More Active Park (Option 3)
o All the same elements as Original Park design (Option 2) but with the with addition of a half basketball court and golf disc areas. These added 381
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GP/CLUP Consistency Analysis
Heritage Ridge Residential Project
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recreational elements reduce the lawn area to 6,623 sq. ft. (2,089 less sq. ft. of lawn area).

Table 1
Date Type of Reports Prepared by and/or
Peer Review
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GP/CLUP Consistency Analysis
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In addition, the project will comply with the regulations and requirements of the Santa Barbara Air Pollution Control District during construction as provided for in CE 12.3.

The provision of additional affordable and market rate housing in Goleta will help 383
Exhibit B to City Council Resolution No. 23-___
GP/CLUP Consistency Analysis
Heritage Ridge Residential Project
6 | P a g e

14.3, and CE 14.4.

4. Safety Element: The project is consistent with the Safety Element for the below discussed reasons. A Geotechnical Engineering Report was prepared for the project site and EIR mitigation measures are required for the project . The Geotechnical Report demonstrates that there is sufficient buildable area outside of a hazardous portion of the property as s tated in policy SE 1.5. The project site is not located in a radon hazard area, a fault zone, airport hazard areas, slope hazard areas, tsunami zone, wildland fire area or a 100-year flood zone and is therefore consistent with the policies of SE 4, SE 5, SE 6, SE 7, SE 9. The project has been reviewed by the Santa Barbara County Fire Protection District and requirements have been incorporated into the project. Moreover, the project must comply with all applicable Building Code requirements, including fire-sprinklers (CBC) and Goleta Municipal Code (GMC) as directed in SE 1.3, SE 1.6, SE 1.9, SE 5.2 and SE 5.4. The project will comply with current California Building Code requirements for fire protection, including the installation of fire sprinklers as outlined in SE 7.1, SE 7.2, and SE 7.5. The project will be adequately served by fire protection services.
384
Exhibit B to City Council Resolution No. 23-___
GP/CLUP Consistency Analysis
Heritage Ridge Residential Project
7 | P a g e

Public improvements along Camino Vista and Calle Koral on the project frontages will include pedestrian sidewalks and connections to the Willow Springs neighborhood to the south and the placement of buildings, the park design and features, and on-site infrastructure is working with the existing site topography as encouraged by VH 3.3. 385
Exhibit B to City Council Resolution No. 23-___
GP/CLUP Consistency Analysis
Heritage Ridge Residential Project
8 | P a g e

7.4, Hollister Avenue Transit Corridor.

The site has been designed with three access points onto Camino Vista. The westernmost driveway onto Camino Vista serves the affordable housing portion of the development. The middle and easternmost access points create a looped private driveway system through the market rate housing portion of the development and provides access to the public park. This internal driveway provides access to adjacent open parking spaces and private carports. Lane widths are appropriate for the residential neighborhood and adequate for emergency acces s while encouraging 386
Exhibit B to City Council Resolution No. 23-___
GP/CLUP Consistency Analysis
Heritage Ridge Residential Project
9 | P a g e

appropriate speeds within the neighborhood. The proposed internal circulation system complies with the policy guidance outlines in TE 1.4, TE 3.6, TE 3.7, and TE 6.7.

7. Public Facilities Element: The project is consistent with the Public Facilities Element.

As outlined in policy PF 10.2 and implemented through Chapter 17.70 of the Goleta Municipal Code, the permittee will pay development impact fees for the market rate units. These impact fees represent the project’s proportionate share of the costs of new or upgraded capital facilities attributable to new development The impact fees address parks and recreation, bicycle and pedestrian facilities, fire protection facilities, library facilities, public administration facilities, stormwater facilities, and transportation facilities The impact fees only apply to the 228 market rate units as the 104 affordable 387
Exhibit B to City Council Resolution No. 23-___
GP/CLUP Consistency Analysis
Heritage Ridge Residential Project
10 | P a g e

units are considered a beneficial project which qualifies for a fee waiver as provided by Council Resolution No. 19 - 43.

8. Noise Element: The project is consistent with the Noise Element. As stated in policy NE 1.1, the proposed residential use is compatible with the surrounding multi -family residential and uses and the type of noise that can be expect after construction is completed would be similar to that created by the units at Willow Springs I and II and at Village at Los Carneros. Further, the design of the units required by the California 388
Exhibit B to City Council Resolution No. 23-___
GP/CLUP Consistency Analysis
Heritage Ridge Residential Project
11 | P a g e

Residential Code (CRC) will incorporate noise reduction measures so that the interior of the units meet the 45 dBA CNEL standard thereby meeting the standards outlined in policies NE 1.2 and NE 1.5.

9. Housing Element:

The project is consistent with the policies of the 2023-2031 6th cycle Housing Element adopted on January 17, 2023 . The project will provide 40 senior affordable rental apartments with one manage unit, 62 family affordable rental apartments with one manager unit, and 228 market rate rental apartments that will contribute to the mix of housing choices within the City a nd be available to seniors and the local workforce.

This housing mix is consistent with policies HE 2.1 and HE 2.2 in the 2023 -2031 Housing Element (HE). These apartments would address the local and regional housing deficit and contribute to the City’s jo bs/housing balance. The added units would provide needed housing for Goleta’s workforce. The 332 units would assist the City in meeting its regional housing needs at the very low/low (senior and family affordable units), and above moderate levels (market r ate units) as outlined in the Quantified Housing Objectives of Table 10-3. Project amenities include a 2-acre public park and private onsite open play area, walking trails, sidewalks, a tot lot, as well as a community building for each project component. The proposed recreational amenities provided at each residential complex along with the public park will be consistent with Housing Element Policy HE 3.2 (g) given the range of amenities proposed. As outlined in policy HE 2.3 (a)(c), and (e), the mix of eight 2- and 3-story buildings would break up the overall bulk of the development, and carports and parking spaces are screened from views from adjacent roadways through building placement and landscaping. Carports and driveways have been sited along the eastern property line to create a buffer between the housing units and the non - residential uses along Aero Camino Road according to HE 2.3(f) Further the housing 389
Exhibit B to City Council Resolution No. 23-___
GP/CLUP Consistency Analysis
Heritage Ridge Residential Project
12 | P a g e

relates to the existing street pattern and integrates with pedestrian and bicycle circulation systems and provides adequate parking. The design of units and building placements strives to provide privacy and security for the individual units as stated in HE 2.3 (b), (d), (g), and (h).

4. Further, the 17.3 6-gross acre site (14.07 net developable acres) s designated as an Affordable Housing Opportunity (AHO) Site within Central Hollister Corridor (CHC) as outlined in LU 8 as discussed in the Land Use Element section above.

The Heritage Ridge project has been included as a site suitable for residential development in the recent adopted Housing Element (HE) update in its 6th cycle. The total number in the HE lists 51 very -low income, 51 low -income and 228 above moderate residential units, shown in Table 10A-28 of the Housing Element.

390
EXHIBIT C TO ATTACHMENT 4

HERITAGE RIDGE PROJECT

ZONING CONSISTENCY ANALYSIS
391
Exhibit C to City Council Resolution No. 23-___
Zoning Consistency Analysis
1 ZONING CONSISTENCY ANALYSIS
With SECTION 35-222 OF ARTICLE 3 ZONING CODE
Heritage Ridge Residential Project

1 ZONING REQUIREMENTS PROPOSED PROJECT CONSISTENCY WITH STANDARDS

Front Yard Setback
applicable to both
Camino Vista and Calle
Koral frontages:

Twenty (20) feet from
right-of-way line for
structures.

Balconies may extend
four feet into a front yard
setback.

Yes
Calle Koral frontage: the
structures and balconies are
setback a minimum of 20 feet
from the property line.

Yes
Side Yard Setback on East
and West Sides: Ten (10)
feet from the property
line.

Carports on the west side of the
development are located at least
40 feet from the property line.

Yes
Carports on the east side of the
development are located ten
feet from the property line
Yes
Rear Yard Structure
Setback:
10-foot rear yard setback
for primary buildings.

Accessory structures,
such as carports, can be
located in the rear yard
setback.

Buildings are located 80 feet, or
greater, from rear property line.

Yes
Carports (accessory structures)
located 8-10 feet from the rear
(north) property line.

Yes
Parking:

Total Auto Space
Required: 455
Total Residential Auto Spaces
Provided: 494

Yes

392
Exhibit C to City Council Resolution No. 23-___
Zoning Consistency Analysis
2 ZONING CONSISTENCY ANALYSIS
With SECTION 35-222 OF ARTICLE 3 ZONING CODE
Heritage Ridge Residential Project

2 (using the Parking
Standards of Density
Bonus State Law.
542 spaces would be
required under Article III
zoning)

Affordable Housing: 143

Market Rate: 312

Public Park: No Standard

Bicycle Parking: No
Standard

EV parking: No Standard

Affordable Housing: 156

Market Rate: 338

Public Park: 13 spaces

Bicycle Parking: 96 (Lot 4)
24 (Lot 1 &2)

EV parking: 10% of total spaces

Yes

N/A
(not required in Article III but provided)

N/A
(not required in Article III but provided)
Distance between
Buildings:

Minimum of 5 feet
Minimum of 5 feet provided
between all proposed residential
buildings.

Yes
Building Coverage:

Not to exceed 30% of the
net area (14.05 acres) of
the property
Building coverage of the net site
is 24.96% (3.51 ac of the 14.05
acres).

Yes
393
Exhibit C to City Council Resolution No. 23-___
Zoning Consistency Analysis
3 ZONING CONSISTENCY ANALYSIS
With SECTION 35-222 OF ARTICLE 3 ZONING CODE
Heritage Ridge Residential Project

3 Building Height limit:

Maximum height of 35
feet

Affordable Recreation Building:
1-story, 24 ft 4 in

Market Rate Recreation Building:
1-story, 21 ft 10 in

Yes
Wall Height Limit
Maximum 8-feet

Eight –foot-high sound wall
along the north property line.

Six-foot privacy walls on the east
and west perimeter of the site.

Yes
Open Space:

Minimum of 40% of the
net area 14.05 acres) of
the property dedicated to
common open space
(excluding the public
park)
Common Open Space is
approximately 6.26 acres or

44.6% of net project site
(excluded the area of the public
park).

Yes
394
Exhibit C to City Council Resolution No. 23-___
Zoning Consistency Analysis
4 ZONING CONSISTENCY ANALYSIS
With SECTION 35-222 OF ARTICLE 3 ZONING CODE
Heritage Ridge Residential Project

4 Landscaping:

Uncovered parking areas
separated from property
lines by a landscaped
strip not less than 5 feet
in width.

Consistent
Landscaping provided in the 8-
foot-wide strip from the
property lines.

Yes
Density:

Minimum Density of 20
du/acre with a maximum
density of 25 units/acre
per the General Plan
The Project’s density is 23.63
units/acre (332 units/14.05
developable acres).

Yes
Streamside Protection
Buffer from Los Carneros
Creek located on the
north side of the UPRR

100’ setback
100’ buffer provided from both
the 2015 ESHA boundary and the
2021 ESHA boundary

395
EXHIBIT D TO ATTACHMENT 4

HERITAGE RIDGE PROJECT

DEVELOPMENT PLAN CONDITIONS OF APPROVAL
396
Exhibit D, Attachment 4
Development Plan Conditions of Approval
Heritage Ridge Residential Project

1 CONDITIONS OF APPROVAL

HERITAGE RIDGE RESIDENTIAL PROJECT

DEVELOPMENT PLAN
CASE No. 14-049-DP

In addition to all applicable provisions of the Goleta Municipal Code (“GMC”), FLT Heritage Ridge TG, LLC and GF Frontier LLC, owners, and Red Tail Multifamily Land Development, LLC, applicant (collectively hereinafter referred to as “Heritage Ridge”) and Santa Barbara County Housing Authority (“HASBARCO ”) agree to the following conditions for the City’s approval of Case No. 14-049-DP (“Project Conditions”). Heritage Ridge and HASBARCO shall together be referred to as “Permittees.”
Unless the contrary is stated or clearly appears from the context, the construction of words and phrases used in these Project Conditions use the definitions set forth in the GMC. For purposes of these Project Conditions, the term “Director” refers to the Planning and Environmental Review Director, or designee.

AUTHORIZATION

1. The Development Plan authorizes Permittees to construct 332 multi-family rental apartment units . The development will provide 102 income restricted units plus 2 manager units on Lots 1 and 2. The development on Lots 1 and 2 would have three buildings encompassing 104 income-restricted units affordable at the low-income levels (41 senior units and 63 family units), and a recreation building. The project qualifies for a State Density Bonus concession for reduction of parking. The development on Lot 4 would have seven buildings encompassing 228 market rate apartment units, a recreation building, pool, spa and tot lot . The project provides 156 parking spaces for the affordable apartments and 338 parking spaces for the market rate apartments. The project includes four 2-story buildings and six three-story buildings. The project also includes an approximately 2-acre public park to be dedicated to the City. Park amenities include picnic and tot lot play areas, exercise equipment, grass area for active/passive recreation opportunities, and walking paths. In addition, 13 parking spaces directly adjacent to the park and a private street will be provided for public parking and access, respectively.

2. The project also requires the removal of approximately 92,000 cubic yards of stockpiled soil from the site. The removal of the stockpiled soil is subject to the condition of approval Number N-1(a) through N-1(g) to minimize short term noise impacts.

3. Affordable Housing Units:
a. The Development Plan includes the development and operation of a 104-unit affordable housing development on Lots 1 and 2. The affordable housing project will include 2 resident manager units and 102 income-restricted units.

Of the 104 units, 41 will be part of the senior-housing development and 63 will be part of the family-housing development.
397
Exhibit D, Attachment 4
Development Plan Conditions of Approval
Heritage Ridge Residential Project

2 b. Heritage Ridge will sell Lots 1 and 2 to HASBARCO and HASBARCO will buy Lots 1 and 2 on or before June 1, 2025
c. HASBARCO will buy Lots 1 and 2 from Heritage Ridge on or before 6/1/25 and will thereafter develop Lots 1 and 2 in accordance with these Conditions of Approval. If HA SBARCO determines not to develop Lots 1 and 2 in accordance with those conditions, prior to any transfer, HA SBARCO must obtain the City’s consent as to the party to whom Lots 1 and 2 are proposed to be transferred (“Transferee”), which consent shall not be unreasonably withheld; provided, however, that such Transferee must provide a proposed timeline for construction of the affordable units to which the City agrees and must further agree to enter into an agreement with the City for the future development, restrictive covenant, and the provision of affordable rent on the units (“Consent to Transfer”).

d. If HASBARCO fails to acquire Lots 1 and 2 from H eritage Ridge by June 1, 2025, or in the event Lots 1 and 2 are transferred to another party without compliance with these conditions prior to June 1, 2025, the City shall retain the “Quimby Fee Credit” (hereinafter defined as the amount of Quimby Fees, which Heritage Ridge previously deposited with the City in accordance with the Vesting Tentative Map Conditions of Approval, that H eritage Ridge shall be entitled to be reimbursed, following H eritage Ridge’s delivery of the completed park to the City and submission of documentation establishing the amount of reimbursement in accordance with the Vesting Tentative Map Conditions of Approval) until either: (a) Lots 1 and 2 have been transferred to a Transferee, following the City’ s Consent to Transfer (in accordance with condition [3.c]), for which Heritage Ridge shall use commercially reasonable efforts to find such Transferee within 1 year of failing to satisfy Conditions 3.b and 3.c; or (b) H eritage Ridge has constructed all affordable units and received all attendant Certificates of Occupancy, which shall occur within seven (7) years of the failure to satisfy Conditions 3.b and 3.c. Upon delivery of the park in accordance with the Conditions of Approval h ereto and the subsequent verification of the Quimby Fee Credit, H eritage Ridge’s Quimby obligations shall be deemed satisfied and the Quimby Fee Credit shall be converted to a fee held in the City’s Affordable Housing Fund to ensure the development of the anticipated affordable units and compensate for the loss of those units in the event these conditions are not satisfied. Notwithstanding this foregoing condition or any other Condition of Approval for this project, the City reserves the right to enforce the violations of this Condition Nos. 3.b and

3.c, in addition to any other condition, in accordance with all relevant provisions of the Goleta Municipal Code, including but not limited to Section

17.52.110, and with the project’s Conditions of Approval.

e. Heritage Ridge will develop Lots 1 and 2 into Super pad condition, meaning a rough-graded pad with all street infrastructure and utilities completed to and along the Property with dirt export completed.
398
Exhibit D, Attachment 4
Development Plan Conditions of Approval
Heritage Ridge Residential Project

3 f. Prior to Final Map Recordation in accordance with the Conditions of Approval in the Vesting Tentative Map, Heritage Ridge shall execute an Affordability Control Covenant and Regulatory Agreement (“Agreement”) for the provision of 102 affordable units plus 2 resident manager units. The costs associated with the review of the Agreement will be at Heritage Ridge’s sole expense and the Agreement must be approved by the City Manager and City Attorney. The Agreement at a minimum must:
i. Specify that 102 affordable u nits plus 2 resident manager units must be provided and that of the 104 total units, 41 units are part of the senior-housing development, and 63 units are part of the family- housing development.
ii. Specify that of the 102 affordable units, at a minimum, 17 units must be reserved for tenants who qualify for the very -low income category under the State Income Limits (household’s annual gross income is at least 0% and does not exceed 50% of the Area Median Income, or as published and as adjusted by household size in the California Housing and Community Development Department’s annual publication of Area Median Income) and 85 units must be reserved for tenants who qualify for the low -income category under the State Income Limits (household’s annual gross income does not exceed 80% of the Area Median Income, or as published and as adjusted by household size in the California Housing and Community Development Department’s annual publication of Area Median Income) (“Minimum Affordab ility Levels”). If HASBARCO needs to adjust Minimum Affordability Levels in order to qualify for tax credit or other affordable housing subsidy program financing purposes, it may do so without City’s consent. In the event a Transferee seeks to alter the Minimum Affordability Levels for tax credit or other affordable -housing subsidy program financing purposes, Transferee must obtain City’s consent in writing prior to making such an application and enter into or amend the appropriate affordable housing covenants and agreements (City’s consent will not be withheld unreasonably.).
iii. Specify that the income restriction on the 102 affordable units shall be for a term of 55 years , which shall not commence until the units are occupied.
iv. Specify that the rent charged to the tenants shall be an “affordable rent” including a reasonable utility allowance (gas, electricity, water, sewer, garbage, recycling, green waste) pursuant to California Health and Safety Code section 50053(b)(3).
v. Specify that the rent to be charged sha ll be “Qualifying Rent,” which shall be defined as the total monthly charges paid by the tenant 399
Exhibit D, Attachment 4
Development Plan Conditions of Approval
Heritage Ridge Residential Project

4 household for rent, which shall not exceed:

a. For the Low Income units, 30 percent times 60 percent of the Area Median Income adjusted for Household Size Appropriate For The Unit divided by 12 months minus the applicable Utility Allowance.

vi. Specify that “Household Size Appropriate for the Unit” “ means a household of one person in the case of a studio unit, two persons in the case of a one-bedroom unit, three persons in the case of a two-bedroom unit, four persons in the case of a three-bedroom unit, and five persons in the case of a four -bedroom unit. This translates to a multiplier used in the calcula tion of maximum monthly rent amounts for Restricted Units, based on the income differentials for household size of the Area Median Income published by California HCD, such that 0.7 is used for a studio unit, 0.8 for a one-bedroom unit, 0.9 for a two-bedroom unit, 1.0 for a three-bedroom unit, and 1.08 for a four-bedroom unit.

a. Specify that tenants must execute an Intent to Reside Statement (“IRS”). The IRS shall include but is not limited to representation and warranties that the tenant meets the above-described income restrictions, shall use the property as the tenant’s primary residence, shall not sublet the unit at any time including as a short- term rental property, and tenant shall cooperate with Permittees and City in determining tenant’s income annuall y. Permittee shall ascertain tenant’s income annually through an annual certification process;
b. Specify that if the Permittees shall fail to observe or perform any covenant or condition in the Agreement and if such noncompliance is not corrected after applicable notice and cure periods have been completed, such noncompliance shall be considered an event of default and, notwithstanding any other remedy at law, the City shall be entitled to bring an action at law or in equity to abate, prevent or enjoin any su ch violation or attempted violation, or to compel specific performance by the Permittees of their obligations. In the event (a) the City brings an action at law or in equity against Permittees for any Permittee violation of a covenant or condition in the Agreement with respect to any restricted unit and (b) a court of competent jurisdiction determines a violation has in fact occurred under the Agreement, then the term of the Agreement shall be 400
Exhibit D, Attachment 4
Development Plan Conditions of Approval
Heritage Ridge Residential Project

5 tolled during any period of violation upheld by such court solely with respect to such unit; and

4. Park Construction Timing: The park will be constructed on Lot 3. The Property Owner of Lot 4 will construct the park in conjunction with the construction of the market rate units. Based on the phasing of the construc tion and to keep the public safe from an active construction site, the park will be completed at the time of the final phase of the market rate units. The park must be completed prior to the final certificate of occupancy with the last residential building on Lot 4 . Heritage Ridge shall offer to dedicate the public park to the City upon Final Map Recordation in accordance with the Vesting Tentative Map and transfer title to the City in accordance with Condition Numbers 26 and 50J.

5. Approval of the Development Plan for Lots 1, 2 , 3 and 4, will expire five (5) years after approval, unless before the expiration, substantial physical construction has been completed on the Development Plan or a time extension has been applied for by the Permittees. The decision-maker with jurisdiction over the project may, upon good cause shown, grant a time extension as specified by City regulations. If the Permittees request a Time Extension, the project may be revised to include updated language to standard conditions and/or may include revised/additional conditions, which reflect changed circumstances or additional identified project impacts. Any new fees imposed, and existing fees will be those in effect at the time of the extension request.

6. This permit runs with the land and the rights and obligations thereof, including the responsibility to comply with Development Plan, are binding upon successors in interest. The Development Plan may be modified, terminated, or abandoned in accordance with applicable law including, without limitation, the GMC.

7. On the date that a subsequent Development Plan is approved for Lots 1, 2 or 4, any previously approved but unbuilt plans must become null and void.

8. The City will only issue permits for development, including grading, when the requested construction documents (e.g., grading plans or building plans, etc.) are in substantial compliance with the approved Development Plan (Lots 1, 2, 3 and 4) and the associated Final Map has be en recorded. The size, shape arrangement, use, and location of buildings, walkways, parking areas, drainage facilities, and landscaped areas must be developed in substantial conformity with the approved plans. Substantial conformity must be determined by the Planning and Environmental Review Director.

9. Any proposed deviations on Lots 1, 2, 3 or 4 , from the exhibit, project description, or Project Conditions must be submitted to the Planning and Environmental Review Director for review and approval by the appropriate decision maker. Any unapproved deviations from the project approval will constitute a violation of the permit approval.

The exhibits associated with this permit include the plans labeled “Exhibit 1 to Resolution 23-__, dated F e b r u a r y 2 0 2 3, ” and herein incorporated by reference. 401
Exhibit D, Attachment 4
Development Plan Conditions of Approval
Heritage Ridge Residential Project

6 10. On all lots, t he height of structural development shown on the final plans must not be greater than 35 feet pursuant to Final E nvironmental Impact Report (FEIR) Mitigation AES-4(b) incorporated into the Mitigation Monitoring and Reporting Program (MMRP).

11. When exhibits and/or written Project Conditions are in conflict, the written Project Conditions must prevail. If/when the Project Conditions and Mitigation Measures are in conflict, the written Mitigation Measures must prevail.

12. Permittees agrees to indemnify and hold the City harmless from and against any claim, action, damages, costs (including, without limitation, attorney’s fees), injuries, or liability, arising from the City’s certification of the FEIR, adoption of the MMRP, adoption of Statement of Overriding Consideration (“SOC”), approval of the Vesting Tentative Map (“VTM”) and associated post-discretionary approvals, approval and condition clearance of the Development Plan and associated post-discretionary approvals except for such loss or damage arising from the City’s sole negligence or willful misconduct. Except as described in this section, the obligation to indemnify, hold harmless and defend the City shall arise when the City is named in any suit, or when any claim is brought against it by suit or otherwise, whether the same is groundless or not , arising out of the City’s certification of the FEIR, adoption of the MMRP, adoption of Statement of Overriding Consideration (“SOC”), approval and condition clearance of the Vesting Tentative Map (“VTM”) and associated post-discretionary approvals, approval and condition clearance of the Development Plan and associated post-discretionary approvals , Permittees agrees to defend the City (at the City’s request and with counsel satisfactory to the City) and will indemnify the City for any judgment rendered against it or any sums paid out in settlement or otherwise. For purposes of this section “the City” includes the City of Goleta’s elected officials, appointed officials, officers, and employees, and agents.

13. In the event that any conditions imposing a fee, exaction, dedication or other mitigation measure is challenged by the Permittees in action filed in a court of competent jurisdiction or threatened to be filed, this approval must be suspended pending dismissal of such action, the expiration of the limitation period applicable to such action, or final resolution of such action. If any Project Condition is invalidated by a court of competent jurisdiction , the Project must be reviewed by the City and substitute conditions may be imposed to validate the Development Plan.

ENVIRONMENTAL IMPACT REPORT MITIGATIONS AND RECOMMENDED

CONDITIONS

14. The Permittees must comply with all mitigation measures for all Lots identified in the Final Environmental Impact Report (EIR) prepared for the project, Exhibit 1 to City Council Resolution No. 2 3 - __. A Mitigation Monitoring and Reporting Program (MMRP) was prepared as part of the environmental review of the project and is attached as Exhibit 2 to City Council Resolution No. 23-__. 402
Exhibit D, Attachment 4
Development Plan Conditions of Approval
Heritage Ridge Residential Project

7 15. The mitigation measures of the MMRP for all Lots are incorporated into these conditions. All mitigation measures and conditions of approval must be listed on the plans submitted for plan check and the plans for which a building permit is issued.

The following are conditions addressing environmental issues applicable to all Lots as applicable, in addition to the mitigation measures of the MMRP:

16. Biological Resources. Three willow trees are present on site and must be replaced per the design of the Chumash Village in the public park.

17. Outdoor Water Conservation. Minimize outdoor water use through the following:

A. Use of native and/or drought tolerant species in the final landscaping; B. Installation of drip irrigation or other water-conserving irrigation; C. Grouping of plant material by water needs;
D. Limiting turf to less than 20% of the total landscaped area if proposed under the final landscape plan or use of artificial turf in place of living grass (this may exceed the 20% maximum);
E. No turf is allowed on slopes of over 4%;
F. Use of extensive mulching (2" minimum) in all landscaped areas to improve the water holding capacity of the soil by reducing evaporation and soil compaction; G. Installation of soil moisture sensing devices to prevent unnecessary irrigation; H. Use of only recycled water for landscape irrigation if the Project site is connected to a recycled water line;
I. Use of plant materials that c an withstand high salinity levels, if recycled water is used for irrigation; and
J. Use of plant materials that are compatible with the Goleta climate pursuant to Sunset Western Garden Book’s Zone 24, published by Sunset Books, Inc., Revised and Updated 2001 edition.

18. Indoor Water Conservation. Minimize indoor water use through the following:

A. Insulation of all hot water lines;
B. Installation of re-circulating, point-of-use, or on-demand water heaters; C. Prohibition of self-regenerating water softening in all structures; D. Use of lavatories and drinking fountains with self-closing valves; and E. Installation of water sense specification toilets in each unit.

19. Pre-Construction Traffic Management Control Plan. The Project Permittees must submit a Pre -Construction Traffic Management Control Plan that describes the hours during which hauling may occur (presumed to be 8:30 AM to 3:30 PM), haul route, and size of trucks to be used for the pre-construction hauling activity. Construction contractors must notify truck operators that all haul trucks associated with the pre -construction soil removal phase are restricted from using Aero Camino for access to the Project site. The Pre-Construction Traffic Management Control Plan must be reviewed and approved by City of Goleta’s Planning and Environmental Review Director (PER) or designee and Public Works Director or designee staff before issuance of a Haul Permit for the Project. 403
Exhibit D, Attachment 4
Development Plan Conditions of Approval
Heritage Ridge Residential Project

8 The approved haul route(s) must be used for soil hauling trips prior to construction as well as for the duration of construction.

20. Outdoor Living Area Noise Attenuation. Residential outdoor living spaces (e.g., patios and balconies) associated with all residential units located in proposed Buildings 5, 6, 8 and 9, facing U.S. 101 and/or the UPRR line, must be protected from sound intrusion so that they meet the City’s standard of 65 dBA CNEL for outdoor living spaces. Patios and balconies for these residential units must include noise barriers up to seven feet in height to reduce traffic and train noise to meet the City’s 65 dBA CNEL noise level criterion for exterior living areas. The noise barriers may be constructed of a material such as tempered glass, acrylic glass, or any masonry material with a surface density of at l east three pounds per square foot. The noise barriers should have no openings or cracks.

Once building elevations and exterior design details are finalized, further noise evaluation should be performed in order to prescribe the height of necessary noise b arrier per balcony area. Failure to conclusively demonstrate the effectiveness of the proposed noise attenuation measures must result in the denial of a permit to build the affected unit.

These requirements must be incorporated into all construction docume nts submitted for approval before the issuance of a Land Use Permit for all residential units in Buildings 5, 6, 8 and 9 that are facing U.S. 101 and/or the UPRR line.

The Planning and Environmental Review Director, or designee, must verify compliance before the issuance of a Land Use Permit for all residential units in Buildings 5, 6, 8 and 9 that are facing U.S. 101 and/or the UPRR line. City building inspectors must verify compliance in the field before the City issues a certificate of occupancy for an affected unit. No certificate of occupancy can be issued unless compliance is achieved.

21. Indoor Noise Attenuation. All residential units located in the proposed Buildings 5, 6, 8 and 9 that are facing U.S. 101 and the UPRR rail line to the north and Los Carneros Road to the west must include windows with a minimum Sound Transmission Class (STC) rating of 28 STC, and f orced-air mechanical ventilation or air conditioning systems, satisfactory to the local building official, to adequately ventilate the interior space of the units when windows are closed to control noise, and sound rated windows. Incorporation of these design requirements would be expected to achieve an exterior -to-interior noise level reduction of 25 dB or greater.

Before the City issues building permits, the Permittees must submit an interior noise study to be approved by the Planning and Environmental Review Director or designee.

This interior noise study must analyze the residential units in the proposed Buildings 5, 6, 8 and 9 that are facing U.S. 101, the rail line, and Los Carneros Road. The interior noise study must ensure compliance with the City’s 45 dBA CNEL noise standard. Failure to conclusively demonstrate the effectiveness of the proposed noise attenuation measures will result in the City denying a building permit for the affected units.

404
Exhibit D, Attachment 4
Development Plan Conditions of Approval
Heritage Ridge Residential Project

9 These requirements must be incorporated into all cons truction documents submitted for approval before the issuance of a Land Use Permit for the residential units in Buildings 4, 5, 6, 8 and 9 that are facing U.S. 101, the UPRR line, or Los Carneros Road. The Planning and Environmental Review Director, or designee, must verify compliance before the City issues a permit for the residential units in Buildings 5, 6, 8 and 9 that are facing U.S. 101, the UPRR line, or Los Carneros Road. The City building inspectors must verify compliance in the field before the Ci ty issues a certificate of occupancy for an affected unit. No certificate of occupancy can be issued unless compliance is achieved.

22. Rail Disclosure. The Permittees must provide a rail line real-estate disclosure to potential occupants, providing notice of the site’s proximity to the UPRR and that associated noise and vibration may be perceptible.

23. Indoor Air Pollution. The mitigation actions listed below apply to all new residential units on the Lots 1, 2 and 4:

A. Forced air mechanical ventilation with fresh air filtration using filter screens on outside air intake ducts must be provided for all residential units proposed on the site. The filter screens must have a minimum MERV 13 rating, capable of removing at least 90% of the particulate matter including fine particulate matter (PM<2.5 micron). Air intakes must be located on the side of the building facing away from U.S. 101 and windows facing U.S. 101 canno t be capable of opening unless warranted to comply with California Building Code requirements for emergency egress.

B. For individual residential units with separate HVAC systems, a brochure notifying the future residents of the need for maintaining the filt er screens and keeping windows closed to ensure adequate fresh air filtration must be prepared and provided at the time of lease signing. In addition, a notice of the diesel particulates risk hazard and the need for screen maintenance must be recorded in the property title and included with lease agreements.

C. Install high efficiency ceiling fans.

D. Windows and doors must be fully weatherproofed with caulking and weather - stripping that is rated to last at least 20 years.

24. Plans. Mitigation measures must be incorporated into the Project and shown on the plans submitted to the City with the Zoning Clearance application and building plan check. The brochure and the specifications for the filter screens must also be submitted to the Planning an d Environmental Review Director or designee for review before the City issues certificates of occupancies for the project. The Planning and Environmental Review Director or designee must review the hazard avoidance measures and confirm acceptable wording in the brochure and the suitability of the proposed screens before the City issues certificate of occupancies . City building inspectors must check for installation of the filter screens and adequate weatherproofing in the appropriate units before the City issues certificates of occupancy.

25. Hazards. The Permittees must:
405
Exhibit D, Attachment 4
Development Plan Conditions of Approval
Heritage Ridge Residential Project

10 A. Develop a plan for evacuation procedures in the event of accident/release of hazardous materials for approval by the Director of Planning and Environmental Review or designee before the City issues a building permit.

B. Develop and provide leases for apartment units that provide notification of hazards associated with the Project’s location, including UPRR, US 101, and nearby businesses for approval by the City Attorney and by the Direc tor of Planning and Environmental Review, or designee, before the City issues a building permit.

C. Develop a notice to future property owners regarding the potential risks of upset to be reviewed and approved by the Director of Planning and Environmental Review and the City Attorney, and then recorded before the City issues a building permit.

26. Native Plant Vegetation. The below requirements relate to the Revised Site Plan, and associated landscape and habitat exhibits dated September 22, 2022. When the landscape plans undergo Preliminary Design Review, the Design Review Board is charged with reviewing the landscape plans for consistency with the following requirements:

A. The Coastal Sage Scrub (“CSS”), Coast Live Oak Woodland, Native Grassland, and Marsh p lant palettes shall be maintained for the life of the Project (“life of project” is defined as until another development project that differs substantially in building size and layout to the Project permitted and constructed is approved/occurs on the site covered by Lots 1 -4 of the Heritage Ridge Parcel Map) with species listed on the final approved Habitat Exhibit, Landscape Plans, and Plant Palette, and any replacement plantings shall be planted annually as needed at the start of the rainy season in late fall or early winter. If CSS, Coast Live Oak Woodland, Native Grassland, and Marsh plantings do not thrive in certain locations and conditions, then original plant species may be replaced with other plant species as appropriate for that specific habitat t ype, e.g.,,, original Coast Live Oak Woodland plant species may be replaced with other Coast Live Oak Woodland plant species, etc.

B. All CSS vegetation communities shall be planted to attain and maintain at least 80-85% native plant cover by local genotype native plants with intervening areas supporting local genotype native grasses and native herbs. Coyote brush shall be allowed to persist within the CSS but shall not be allowed to dominate the CSS.

C. CSS, Coast Live Oak Woodland, Native Grassland, and Marsh plants will be sourced from local genetic material in the Goleta Slough Watershed or , if not available in the Goleta Slough Watershed, then from local genetic materials in the Devereaux Slough Watershed. Ornamental native planting areas may be a blend of local natives, ornamental cultivars, and Santa Barbara Channel Island species, but will not all be locally genetic stock. Ornamental native plantings shall not occur within CSS, Coast Live Oak Woodland, Native Grassland, and Marsh 406
Exhibit D, Attachment 4
Development Plan Conditions of Approval
Heritage Ridge Residential Project

11 areas including those ar eas designated for those habitat types, such as within the park, the Wildlife Corridor located adjacent to Los Carneros Road, the Native Grass Meadow, the Basin/Swale features, the Bioretention Basins, and the Basin/Turf Play Area vegetation communities designated in the final Landscape Plans and Habitat Exhibit as approved by the City.

D. All ornamental native plant species used elsewhere on the property will exclude species which can hybridize with local genotype native plant species in the local native vegetation communities. Exotic and noxious weeds (Cal IPC listed as High or Moderate) are to be monitored and removed at least annually in CSS, Coast Live Oak Woodland, Native Grassland, and Marsh areas for the life of the Project. A good faith effort shall be made to completely control and remove all exotic and noxious weeds, nonnative grasses and nonnative herbaceous and woody plants; however, nonnative grasses, and herbaceous and woody plants may occur and likely cannot be completely controlled. Nonnative grasses and herbaceous and woody plants shall be limited to less than 10% of the total area of CSS, Coast Live Oak Woodland, Native Grassland, and Marsh areas for the life of the Project.

E. The location of the CSS, Coast Live Oak Woodland, Native Grassland and Marsh may change by as much as two percent of total acreage by habitat type, as long as the modified areas remain contiguous, new species are not added, and additional equivalent area will be added such that the total acreages of CSS, Coast Live Oak Woodland, Native Grassland, and Marsh shall each remain the same or increase.

F. All CSS, Coast Live Oak Woodland, Native Grassland, and Marsh plant communities and local genotype native plants established on the Project site, including within the park, the SPA, the Wildlife Corridor located adjacent to Los Carneros Road, the Native Grass Meadow, the Bioretention Basins, the Basin/Swale features, and the Basin/Turf Play Area shall be maintained, retained, and replaced if necessary for the life of the Project. Where these native plantings occur on Lot 3 of the Heritage Ridge Map, the City will use its best efforts to maintain the park in a good faith consistent with the conditions of approval based on budget resources and at levels to similar at other City - maintained public parks.

G. All CSS, Coast Live Oak Woodland, Native Grassland, and Marsh plant community areas shall have signage posted which shall read, “Sensitive Wildlife Habitat Area – Authorized Personnel Only.” Signage shall be installed a maximum of every 100 linear feet and shall be maintained for the life of the Project. Letters on the signs shall be a minimum of two inches tall and signs and lettering shall be maintained to be clearly visible and legible. If signage becomes illegible for any reason, sig ns shall be replaced within one month by the Permittees where it occurred on Lots 1, 2, and 4 and on Lot 3 as determined reasonable based on budgetary and fabrication constraints and maintained in a 407
Exhibit D, Attachment 4
Development Plan Conditions of Approval
Heritage Ridge Residential Project

12 legible condition for the life of the Project. If signage is ineffective at minimizing human intrusion into plant community areas, as identified during annual or other inspections, additional measures such as signage or lodgepole and rope fencing will be considered where necessary to ensure protection of plantin gs. Prior to installation, approvals of the additional fencing materials would follow the City’s permit processes and obtain all necessary City permit approvals prior to installation. If this situation occurs on Lot 3, the timing on this improvement would occur based on City budgetary and Public Works Department contracting constraints.

H. Activities within the Streamside Protection Area (SPA) area located on Lot 4 will be limited to maintenance i.e., replacement of the plantings and irrigation system, weed removal, trash removal, wall and fence repair, and maintenance of utilities such as the storm drain inlet and lateral as well as Goleta Wes t Sanitation District’s sewer main.

I. CSS, Coast Live Oak Woodland, Native Grassland and Marsh plant palettes and vegetation communities and all areas planted with local genotype native plant species on the Project site outside the SPA found on Lot 4, incl uding the park, shall be maintained with said vegetation and plants for the life of the Project. As stated above, the City of Goleta will make a good faith effort to meet this requirement but may deviate from this standard for the reasons stated above.

J. The strip of native plantings located to the southeast of the wildlife corridor along the west perimeter retaining wall containing the “Vegetated Stepped Retaining Wall Planters” identified in the Applicant’s Revised Site Plan, and the associated Habitat Exhibit, Landscape Plans, and Plant Palette will be gently sloped to the minimum feasible slope (not more than a 1:1 slope possibly with vegetated retaining wall steps no greater than 6 inches tall and will be a s wide as possible but shall be no less than 8 f eet wide, if feasible, a portion of the deck shall be a slope i.e. without steps. The area will be vegetated with local genotype native plans, including, for example vines or plants that will creep over the retaining walls, for the life of the Project.

AGENCY REQUIREMENTS (Letters are in Exhibit A to Exhibit 4 of Resolution No. 23- ___ and applicable to all Lots)

27. Santa Barbara County Fire Department (SBCFD): Permittees must comply with all conditions and requirements outlined in the June 26, 2014, September 22, 2014, and May 11, 2015, o Santa Barbara County Fire Department letters or as updated in the future if applicable to the satisfaction of the SBCFD prior to issuance of a building permit.

28.Santa Barbara County Air Pollution Control District (APCD). Permittees must comply with all conditions and requirements outlined in the letter dated June 24, 2021, from the Santa Barbara County Air Pollution Control District or as updated in the future if applicable, to the satisfaction of the APCD prior to the issuance of a building permit. 408
Exhibit D, Attachment 4
Development Plan Conditions of Approval
Heritage Ridge Residential Project

13 29. Goleta Water District (GWD). P e r m i t t e e s m u s t comply with all of the conditions and requirements as outlined in the December 23, 2020, GWD letter or as updated in the future if applicable , to the satisfaction of the GWD as applicable including securing water service connections prior to the issuance of building permits.

30. Goleta West Sanitary District (GWSD). Permittees must c omply with all of the conditions and requirements o u t l in e d in th e February 1, 2022, Goleta West Sanitary District letter or as updated in the future if applicable to the satisfaction of the GWSD, including securing sewer service connections prior to issuance of building permits.

CITY DEPARTMENT CONDITIONS - Public Works Department

31. Prior to the issuance of a Haul Permit to commence the removal of the approximately 92,000 cubic yards of stockpiled materials and associated Zoning Clearance , the Permittees must:

A. Secure approval of stockpile removal grading plan from the Building Official and have been issued a grading permit for the work. The grading plan must:
i. Meet the requirements of GMC Chapter 15.09 and all other applicable Building Code provisions
ii. Be specific and show the locations of all required and necessary stormwater BMP
iii. Show all turnaround areas, workers’ parking area, and vehicle stacking area, and onsite path of travel.
iv. Show the location of the archaeological and tribal cultural sensitivity area and clearly mark it as an off -limits area for all vehicles, turn around areas, laid down areas, storage of materials etc. Non -motorized vehicular access is allowed to facilitate hand removal of weeds, and soil capping and protection B. Apply for a Haul Permit from the Public Works Director or designee. The Haul Permit application must clearly identify:
i. The haul route(s) for the export of stockpile materials from the site ii. The location of the proposed receiver site for export of materials iii. Measures to be taken to ensure that all haul tru cks hauling debris, sand soil and/or other loose materials shall be covered and/or maintain a minimum 2 feet freeboard.
iv. Measures to be taken to ensure that construction vehicles only use the City designated Truck Routes, as clearly indicated on the Haul Route Exhibit. All other routes are prohibited.
v. Plan to ensure that parking is implemented in a manner that will minimize the potential for traffic interference. Include designated worker parking areas on the Haul Route exhibit (excluding the Archaeologic al Sensitivity area of the site).
vi. Clearly identify the proposed areas for haul vehicle staging and locations for haul vehicles ingress and egress. The ingress/egress pattern shall be identified on the Haul Route Exhibit.
409
Exhibit D, Attachment 4
Development Plan Conditions of Approval
Heritage Ridge Residential Project

14 C. Post on-site signage that lists the hours of operation and contact information (name and phone number) for someone to contact if noise, dust or other issues are observed.

D. Fence the archaeological and tribal cultural sensitivity area to prohibit vehicle access, turnarounds, storage etc. and have the fencing verified by the Planning Director or designee. Fencing is to remain in place through hauling operation and construction on Lots 1, 2, and 4. Non -motorized vehicular access is allowed to facilitate hand removal of weeds, soil capping and protection.

E. Implement all applicable noise mitigation measures related to export including installation of noise blanket materials along Camino Vista and Calle Koral and have the implementation of the measures be verified by the Planning Director or designee.

F. Install the applicable stormwater/BMPs and have the installation verified by the Public Works Director or designee.

Prior to the Issuance of the Zoning Clearance the following requirements must be met for all of the parcels (Lots 1, 2, 3, and 4) concurrently unless otherwise specified , the Permittees must:

DRAINAGE

32. The project shall comply with the requirements of the Santa Barbara County Flood Control District Standard Conditions of Project Plan Approval , dated January 2011 , available on the City’s web site.

Further the Permittee must o btain approval of a Hydrology and Hydraulics Study from the Public Works Director or designee. The study must:

A. Use the Santa Barbara County Urban Hydrograph method or approved equal, provide Hydrology and Hydraulics calculations for the 2, 5, 10, 25, and 100 -year storm events for both pre and post construction and mitigate any increase in peak flow for the 2,5-,10-, 25-, and 100-year storm events over existing conditions. i. Indicate drainage flows to be anticipated from the entire watershed which the development is located.
ii. Show drainage across property lines shall not exceed that which existed prior to grading unless the property owner agreed and signed a Drainage Easement. E xcess or concentrated drainage shall be contained on site or directed to an approved drainage facility. iii. Indicate that all off tract drainage and flood control facilities and installations must be installed and completed prior to any grading of the subject development.
iv. Be prepared, signed, and stamped by the Registered or Qualified Engineer in California.
410
Exhibit D, Attachment 4
Development Plan Conditions of Approval
Heritage Ridge Residential Project

15 STORMWATER

33. Each parcel must secure the approval of the Stormwater Pollution Prevention Plan (SWPPP) from the Public Works Director or designee . The Permittees shall submit a copy of the Notice of Intent (NOI) and a copy of the State Water Resources Control Board’s (SWRCB) Receipt of NOI Letter as proof of intent to comply with the terms of the National Pollutant Discharge and Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities, or proof of exemption from an NPDES permit. The SWPPP shall be prepared in compliance with the Construction General Permit (CGP) using the latest vers ion of the CASQA SWPPP template or equivalent. The SWPPP shall be developed, amended, or revised by a Qualified SWPPP Developer (QSD).

34. Secure approval of a Stormwater Control Plan (SWCP) for all four parcels (Lots 1-4) concurrently from the Public Works Director or designee. The Permittees shall submit a Stormwater Control Plan for regulated projects that create or replace 2,500 square feet or more of impervious surface and utilizes Low Impact Development (LID) measures to detain, retain and treat r unoff for review and approval by the Public Works Director or designee. The SWCP shall be prepared in accordance with the California Regional Water Quality Control Board, Central Coast Region, Resolution R3 -2013-0032, Post- Construction Stormwater Manageme nt Requirements (PCR) for Developmental Projects in the Central Coast Region and shall use the "Stormwater Technical Guide for Low Impact Development" as set forth by the County of Santa Barbara for guidance in complying with the PCR for Developmental Proj ects in the Central Coast Region. The following are design considerations when proposing Stormwater Control Measures (SCMs):

A. Surface Basin, Subsurface Well, Fluid Distribution System/Galleries and/or Infiltration Trench may require registration as an EPA Class V Injection Well.

B. Fluid Distribution System/Galleries such as Underground Infiltration Chambers (UIC) must be designed to ensure that they are properly cited, detailed, and maintained to function for short- and long-term compliance.

C. Clearly identify and design a non-erosive emergency overland escape route from any proposed infiltration basins.

D. The UIC’s shall not be installed in areas of high-groundwater table and will require detailed mapping of seasonal high -groundwater table, groun dwater mounding assessments, and/or improved and possibly post construction infiltration testing or test pits to improve accuracy of infiltration rates and verify post -construction conditions remain consistent with pre -construction infiltration test rates and/or infiltration rate calculations.
411
Exhibit D, Attachment 4
Development Plan Conditions of Approval
Heritage Ridge Residential Project

16 E. The UIC system(s) shall be designed to pre-treat runoff to avoid potential clogging, vector control issues, and/or the high cost of maintenance and/or reconstruction if infiltration into the surrounding soil is compromised. If infiltration is compromised and standing water is observed 72 hours after a qualifying rain event, the City may require sampling of the water to determine if sediment and/or other pollutants have the potential to discharge into the City’s storm drain system.

F. The UIC’s shall require more frequent inspections to verify infiltration rates are maintained in perpetuity and if not maintained could require specific remedial action once a UIC ceases to meet the original intended design or require UIC’s to be converted to support stormwater capture and use on -site. Inspection frequencies shall include but not be limited to, prior to the start of rainy season, following a significant rain event that produces a half-inch or more of rainfall within a 24 -hour period, quarterly (if standing water is observed 72 hours after a qualifying rain event), and/or following the rainy season.

35. Secure approval of a Stormwater Facilities Operation and Maintenance Plan for all four parcels (Lots 1, 2, 3, and 4) concurrently from the Public Works Director or designee. The Permittees shall submit a Stormwater Facilities Operation & Maintenance Plan (O&M) that will be used to plan, direct, and record the maintenance of all SCMs on-site for review and approval by the Public Works Director or designee.

The O&M plan will default to the final O&M Plan if no amendments are needed prior to Permittees request for Final Occupancy Clearance(s).

36.Secure approval of a Stormwater Facilities Agreement for all four parcels (Lots 1, 2, 3, and 4) concurrently from the Public Works Director or designee and execute the Stormwater Facilities Agreement, in a form approved by the City Attorney. The Agreement shall include, but not be limited to, insurance, sec urity, and other measures to ensure that Permittees properly installs and maintains the Project’s stormwater facilities in perpetuity. The Agreement shall include all Stormwater Control Measures ( SCMs) that will be inspected and maintained during construct ion and phased Occupancy Clearances. The Agreement will be based on procedures and information outlined in the O&M Plan. The Agreement shall include a legal description of the project and project location, and the party responsible for O&M Plan implementation. The Agreement shall be signed by the project’s Owner accepting responsibility of O&M of the installed onsite and/or offsite treatment and flow control SCMs until such responsibility is legally transferred to another entity in accordance with the requirements specified within the California Regional Water Quality Control Board, Central Coast Region, Resolution R3 -2013-0032, Post -Construction Stormwater Management Requirements for Developmental Projects in the Central Coast Region. The Agreement shall be recorded with the County of Santa Barbara.

The Owner shall provide a signed, and notarized Stormwater Facilities Agreement to the City for final review and acceptance by the City prior to recordation . The Permittees is responsible for all of the costs associated with the preparation and 412
Exhibit D, Attachment 4
Development Plan Conditions of Approval
Heritage Ridge Residential Project

17 recordation of said Agreement . Supporting documentation for the Agreement may require updates and revisions to reflect ‘Record Drawing/As-Built’ conditions, and the ‘As-Built’ information will be submitted to the City for review prior for acceptance prior to inclusion in said Agreement.

37. Submit the Stormwater Data Sheet (Page 1 and/or 2 as applicable) with the SWCP and O&M Plan. This Data Sheet may be required to be revised to reflect the SWCP and O&M Plan once those documents are approved by the Public Works Director or designee.

38. Secure approval of Trash/Enclosures to be sized for solid waste, recyclables, and organics containers as approved by the Public Works Director or designee. Organics is defined as green waste, food waste, wood waste and fibers (paper and cardboard).

39. Secure approval of Trash/Recycling/Organics Collection Containers at a minimum 50% of the total volume of material generated is to be recycled/mulched/composted thus diverted from landfill disposal to the satisfaction of the Public Works Director or designee.

Trash/recycling/organic areas shall be easily accessed by the consumer/tenant /resident and the trash hauler. When necessary, trash hauler shall review the plans and provide concurrence to the City approving the location and accessibility of proposed trash enclosure(s).

40. Secure approval of Trash/Recycling Areas to implement City approved and/or adopted Best Management Practices (BMPs) as approved by the Public Works Director or designee. The design must ensure that organics and other pollutants are not picked up by irrigation runoff or rain and transported to the nearest storm drain and into our waterways.

As a Multi-Unit Residential Dwellings Project, all organics (food waste and green waste) must be included in the amount of recycling. Green waste , i.e., landscaping debris, is a part of the 50% recycling calculation. Provide adequate area for green waste within trash/recycle/organic area(s) or provide statement if intent is to have a maintenance company haul off green waste to a certified composting/mulching facility. Food w aste containers are required if facility.

41. Secure approval of a Construction and Demolition (C&D) Debris Recycling from the Public Works Director or designee . Provide a copy of the signed Certificate of Implementation of State Law: Construction and Demolit ion (C&D) Debris Recycling Program ensuring compliance with the Green Building Code. This form indicates who will haul all material and an account number for the C&D project from the hauler. This will facilitate the recycling of all construction recovera ble/recyclable materials. The 413
Exhibit D, Attachment 4
Development Plan Conditions of Approval
Heritage Ridge Residential Project

18 project will be required to meet the CalGreen minimum diversion requirement of 65% of the project’s solid waste to be diverted from the landfill.

42. The following shall be identified on the Building or Grading Plans and as shown on the Final Map:

A. Show all existing survey monuments to be preserved and/or tied out in coordination with the County of Santa Barbara’s Surveyor’s Office. Survey monuments that control the location of subdivisions, tract boundaries, roads, streets, or highways or provide horizontal or vertical survey control shall be surveyed and documented in accordance with Section 8771 of the Land Surveyor’s At. Prelimi nary copies of pre - and post-construction Corner Records shall be provided to the City as evidence of compliance with the Land Surveyor’s Act.

B. Indicate all Rights-of-Way Easements and Monuments
C. Provide official documentation approving use of an easement from all utilities that have easement rights for the use of the applicable easements.

D. Reset survey monuments if damaged during construction. If survey monuments are damaged or affected by the construction activities, the City will require a security for the resetting of the survey monuments disturbed by construction. The Permittees shall submit an estimate, signed, and stamped by a Licensed Surveyor in the State of California for monument preservation. This estimate will be used to determine the amount of the security.

E. Provide Trash/Enclosures to be sized for solid waste, recyclables, and organics containers as approved by the Public Works Director or designee . Organics is defined as green waste, food waste, wood waste and fibers (paper and cardboard).

F. Provide Trash/Recycling/Organics Collection Containers at a minimum 50% of the total volume of material generated is to be recycled/mulched/composted thus diverted from landfill disposal to the satisfaction of the Public Works Director or designee. Trash/recycl ing/organic areas shall be easily accessed by the consumer/tenant /resident and the trash hauler. When necessary, trash hauler shall review the plans and provide concurrence to the City approving the location and accessibility of proposed trash enclosure/(s).

G. Provide Trash/Recycling Areas to implement City approved and/or adopted Best Management Practices (BMPs) as approved by the Public Works Director or designee. The design must ensure that organics and other pollutants are not picked up by irrigation runoff or rain and transported to the nearest storm drain and into our waterways.

H. Provide adequate area for green and food waste within trash/recycle/organic area(s) or provide statement, if the intent is to have a maintenance company haul 414
Exhibit D, Attachment 4
Development Plan Conditions of Approval
Heritage Ridge Residential Project

19 off green wast e to a certified composting/mulching facility in accordance with Condition No. E, F, and G above. Food waste containers are required if facility.

I. State the Construction and Demolition (C&D) Debris Recycling requirements as provided for in Condition No. H above. This requirement will facilitate the recycling of all construction recoverable/recyclable materials. The project will be required to meet the CalGreen minimum diversion requirement of 65% of the project’s solid waste to be diverted from the landfill.

43. Prior to Encroachment Permit(s) Issuance, the Permittees must:

A. Use City Resolution No. 15 -46, Construction and Major Maintenance Limitations , in the public right-of-way for construction working hours and lane closure limitations.

B. Submit for and secure approval of a Haul Permit from the Public Works Director or designee. All applicable permits for the placement of exported material at off -site location(s) within the City limits must be provided to the Public Works Director or designee. The Haul Permit must clearly identify:
i. The proposed haul routes
ii. The proposed location for placement of export material. iii. Measures to e nsure that all haul trucks hauling debris, sand soil and/or other loose materials shall be covered and/or maintain a minimum 2 feet freeboard.
iv. Measures to e nsure that construction vehicles only use the City’s designated Truck Routes, as clearly indicated on the Haul Route Exhibit.

All other routes are prohibited.
v. Measures to ensure that construction parking is implemented in a manner that will minimize the potential for traffic interference. Include construction parking designated area(s) on Haul Route exhibit.
vi. Clearly identify the proposed area for construction vehicle staging and location(s) for construction vehicle ingress and egress. The ingress/egress pattern shall be identified on the Haul Route Exhibit.

C. Secure approval of a Traffic Signal Modification Plan from the Public Works Director or designee. The plan must be implemented prior to the first certificate of occupancy issued on Lot 4 as outlined in Condition No. 49.L.

44. During Construction, the Permittees must:

A. Ensure ongoing compliance with the SWPPP and shall perform inspections and maintenance on all installed BMPs, including work performed within the Road right - of-way, and the SCMs as identified in the Stormwater Facilities Agreement.

Maintenance Reports shall be submitted to the Public Works Department. 415
Exhibit D, Attachment 4
Development Plan Conditions of Approval
Heritage Ridge Residential Project

20 B. Ensure ongoing implementation of BMP Requirements, including dust control of soil off-site. The Permittee shall identify appropriate BMPs to control the volume, rate, and potential pollutant load of stormwater runof f; and ensure that BMPs are installed, implemented, and maintained through the duration of the project (construction, new or redevelopment) to minimize the potential discharge of pollutants to the Storm Drain System. These requirements may include a combin ation of structural and non - structural BMPs that are consistent with the California Storm Water Quality Association (CASQA) Best Management Practice Handbook, most current edition (or equivalent), and shall include requirements to ensure the proper long-term operation and maintenance of these BMPs.

C. Ensure ongoing implementation of Stormwater Control Measures as follows:
i. All SCMs such as underground chambers or bioretention basins are protected from sedimentation during construction activities or until the site surface conditions are stabilized,
ii. SCMs where feasible, should be kept off -line until the surrounding areas are stabilized.
iii. Minimize compaction of soils in the area surrounding the SCMs to ensure infiltration rates are not affected.
iv. The Permittees shall conduct post -construction infiltration testing to confirm infiltration rates are in compliance with the SWCP prior to installation of proposed basin stormwater features.
v. Where applicable, all drainage inlet features, including landscape atrium and/or area drains, that connect with the SCMs shall have pre -treatment measures in place to the maximum extent feasible utilizing the best available technology, and the pre-treatment measures shall be installed and maintained per manufacturer specifications and in compliance with all current local, state, and federal regulations.

D. Provide the following information to the Public Works Director or designee:
i. Schedule an inspection two (2) weeks in advance of the SCM installations, so Public Works can inspect and veri fy subgrade conditions and subsequent construction details for all structural stormwater control measures. ii. Installation elevation (s) by licensed Surveyor registered in the State of California for each SCM within 7 days of installation.
iii. Basin Dimension and depth, including outlet structure cross section with elevations, signed, and stamped by Engineer of Record within 7 days of installation.
iv. Invoice for installed gravel and bioretention soil media and soil media mix specification, along with photo -documentation of completed structural cross sections within two (2) weeks of installation.
v. Documentation for the Atlantis Storm -Tank storage/infiltration system, any Geotextile Materials, and manufacturer specifications shall be submitted for 416
Exhibit D, Attachment 4
Development Plan Conditions of Approval
Heritage Ridge Residential Project

21 review. Photo -documentation of completed structural cross section in the basin shall be submitted within two (2) weeks of installation.

45. Prior to Issuance of the Final Certificate of Occupancy for each lot, the Permittees must:

A. Verify that the Post -Construction Requirements (PCR) have been met. For projects requiring a SWCP and a Stormwater Facilities Operation & Maintenance Plan (O&M), the Permittees shall provide ‘ Record Drawings/As-built’ Plans and certification by the Engineer of Record that the plan meets the Water Quality Treatment, Runoff Retention and Peak Management performance Requirements and will be maintained in accordance with the Stormwater Technical Guide for Low Impact Development as set forth by the County of Santa Barbara for guidance in complying with the PCR’s for Development Projects in the Central Coast Region.

B. Verify that the site and improvements are in compliance with all local, state and federal regulations, including but not limited to, th e SWRCB’s Construction General Permit (CGP), the Phase II Small Municipal Separate Storm Sewer System (MS4) General Permit (MGP), and the project’s SWCP.

C. Perform a PCR Field Verification Inspection . The Permittees shall submit all images, dimensions, and elevations of constructed SCMs prior to the request for Occupancy Clearance to verify the installation of all SCMs that are subgrade or otherwise unable to be verified by Final PCR Field Verification Inspection. If design changes were implemented, ‘ Record Drawing/ As-Built’ Plans shall be submitted prior to the request for PCR Field Verification Inspection.

D. Secure approval of a Final Inspection from the Public Works Director or Designee of the SWCP. Following the completion of active construction and st abilization of disturbed areas, the Public Works Director or designee will conduct a final construction inspection to verify all temporary erosion and sediment control measures and BMPs have been removed and completed work is in compliance with the approved Plans, ‘Record Drawings/As-Built’ Plans and the SWCP. The City shall note that any outstanding issues have been resolved in a manner acceptable to the City.

E. Revise the Stormwater Facilities Agreement as needed to the satisfaction of the Public Works Director or designee. When warranted, the Owner shall amend the Stormwater Facilities Agreement including all attachments and references therein as needed to incorporate all approved changes. The Permittees is responsible for all the costs associated with t he preparation of revisions and recordation of said Agreement.

F. Provide Record/As-Built drawings to the Public Works Director or designee of the SWCP. The Permittees shall submit ‘ Record/As-Built’ Plans that incorporate all 417
Exhibit D, Attachment 4
Development Plan Conditions of Approval
Heritage Ridge Residential Project

22 changes/revisions a minimum of 30 days prior to request for final inspection and the issuance of Final Certificate of Occupancy per lot.

G. The Engineer of Record shall submit a Drainage Improvement Certification (attached to the Standard Conditions of Approval).

H. Secure Public Works Dir ector or designee approval if the grading and drainage plans are revised during the construction process. If this occurs, then the Permittees shall update the drainage report and submit to the City for review and approval.

I. Submit a Waste Reduction and Recycling Summary (WRRS) to the Public Works Department for review and approval. The Report shall substantiate how a minimum 65% diversion goal was met by the project during construction, provides the actual amounts of material generated and what the fina l diversion rate was, along with either scale house receipts or a summary from the diversion facility used substantiating each load brought to the facility, the tonnage, and the diversion achieved.

J. Provide electronic Record Drawing/As-Built drawings to the Public Works Director or designee for the constructed Public Improvements within 60 days of completion.

The Permittees shall submit ‘As-Built’ Plans that incorporate all changes/revisions.

K. Submit a Private Improvement Certification for parking lots, roads, sidewalks, etc. by the Engineer of Record. The Certificate shall include Record Drawing/As-Built drawings and geotechnical testing information and results.

L. Implement the Traffic signal modification plan required in Condition No. 47.C prior to the issuance of the first certificate occupancy on Lot 4.

City Department Conditions - Planning and Environmental Review Department

46. The Permittees of Lot 4 are responsible for ascertaining and paying all applicable City Development Impact fees, including without limitation, fire facility fees, library fees, fire protection, police services fees, public administration fees, and transportation fees as required by the GMC. In addition, the impact fees established by the Goleta Union/Santa Barbara Unified School Districts (School Fees) shall also be paid in accordance with the requirements of those entities.

As stated in Condition No. 17 of Council Resolution No. 23-___and Condition #3 above, the Permittee will be dedicating and constructing an approximately 2 -acre park. The requirements of Condition No. 17 of Council Resolution No. 23-___ are incorporated by reference into these Conditions of Approval.
418
Exhibit D, Attachment 4
Development Plan Conditions of Approval
Heritage Ridge Residential Project

23 This condition also serves as notice pursuant to Government Code Section 66020(d) that the City of Goleta is imposing development impact fees (“DIFs”) and the Permittees have 90 days after the imposition of the fees to protest fees.

The Permittees must pay all applicable development impact fees and other contributions in full no later than at the time specified in the below chart. The amount of the actual fee may be different than that listed below, as the Permittees must pay the most current rate of the fee in effect at the time of payment and on the latest edition of the Institute of Traffic Engineers Trip Manual. This application is exempt from any additional impact fee types enacted after October 1, 2014 (date the Vesting Tentative Map was deemed complete). At the Permittees’ discretion, the Permittees may choose to pay the below listed fees at any time, but no later than the time frame specified.

FEE RATE ESTIMATED
FEE
TIME
DUE
AGENCY
Fire Facility
(228 Units)
$951
per unit
$216,828 CO City
Library
(228 Units)
$788
per unit
$179,664 CO City
Public
Administration
(228 Units)
$2,531
per unit
$577,068 CO City
Transportation
(150 PM
Peak Hour
Trips)
$14,068
per trip
$2,110,200 CO City
School Fees Set by
School
Districts
-- BP Goleta
Union
&
SB Unified
School
Districts
TOTAL __ $3,083,760 __ __
CO = Certificate of Occupancy
BP = Building Permit

47.Prior to issuance of effectuating Zoning Clearance and building permits, the Permittees of Lot 4 must:
419
Exhibit D, Attachment 4
Development Plan Conditions of Approval
Heritage Ridge Residential Project

24 a. Provide a recorded copy of the Agreement to Provide Affordable Housing and Restrictive Covenant that provides for a 55-year affordable housing deed restriction for the provision of 104 rental units on Lots 1 and 2, which is required to be recorded upon final map recordation pursuant to the Vesting Tentative Map Conditions of Approval.
b. Prepare and secure approval of a planting plan for the native plants proposed on Lot 3 from both the PER and Public Works Directors or designees based on the provisions of Condition No. 26 above. The plan must specify the details of the plant material sourcing, the planting requirements, the goals of the planting plan, the replacement plan, if plants have not successfully established, annual reporting requirements, and maintenance requirements for the native plants proposed and other criteria included in Condition No. 26 to be installed on Lot 3 and 4 . The Permittee of Lot 4 will be responsible for the installation and implementation of the plan and the Permittee shall maintain the park until 90 days after the City accepts title to the park. Permittee’s obligations to maintain Park includes 1) landscape maintenance such as removal of all weeds, replacement of all dead and dying plants, weekly turf maintenance, mowing and edging, gopher trapping, and replacement of mulch at a minimum of 4 inch depth; 2) maintenance of irrigation systems, including the replacement of sprayer heads, driplines, and valves; program and adjust the irrigation system to properly keep the landscaping in good condition; 3) maintenance of the park in a sanitary condition to City standards, including trash removal, wiping down picnic tables, removing graffiti, removing barbeque ashes, and wiping down playground eq uipment and 4) minimum of three monthly inspections of park facilities, equipment, structures, hardscape and amenities by a certified Playground Inspector. Concurrent with the City’s acceptance of title to the park, Permittee shall contribute $25,000 towa rds the replacement and annual monitoring of the native vegetation in the Park; this $25,000 shall not count towards any payment owned by Permittee under the VTM conditions. This amount can be paid in one of two ways: 1) if Permittee is eligible for reimbursement of at least $25,000 of its Quimby fees pursuant to the VTM conditions at the time this amount is due, upon Permittee request, the City will deduct $25,000 from the amount of Quimby fees eligible for reimbursement or 2) if Permittee is not eligible for reimbursement of at least $25,000 of its Quimby fees pursuant to the VTM conditions at the time this amount is due, the Permittee must make a $25,000 cash deposit with the City.

On the 91 st day after the City accepts title to the park, the City will assume responsibility for Park maintenance, at which time the Permittee shall be released of all obligations related to the park except 1) as provided in the Reciprocal Easement Agreement executed pursuant to the VTM conditions and 2) Permittee shall warranty the structures, equipment, park amenities, and hardscape in the park for the lengthy of one (1) years after City acceptance of title, at which point Permittee shall transfer to the C ity the benefit of any warranties provided to Permittees by the original manufacturer of any equipment, structure or facility. 420
Exhibit D, Attachment 4
Development Plan Conditions of Approval
Heritage Ridge Residential Project

25 Permittee of Lot 4 agrees to indemnify and hold the City harmless from and against any claim, action, damages, costs (including without limitation, attorney’s fee), injuries, or liability, arising from the acts and omissions of Permittees and its contractors, consultants, agents, employees, and officers relating to the installation and implementation of the plan and all equipment, facilities, structures, hardscape, and park amenities and maintenance of the park as defined in the Condition except for willful misconduct. Except as described in this section, the obligation to indemnify, hold harmless and def end the City shall arise when the City is named in any suit , or when any claim is brought agains t it by suit or otherwise, whether the same is groundless or not, arising out of the acts and omission of Permittees and its contractors, consultants, agents, employees, and officers relating to the installation and implementation of the plan and all equipment, facilities, structures, hardscape, and park amenities and maintenance of the park as defined in this Condition. Permittees agrees to defend the City (at the City’s request and with counsel satisfactory to the City) and will indemnify the City for any judgment rendered against it or any sums paid out in settlement or otherwise. For purposes of this Condition, “the City” includes the City of Goleta’s elected officials, appointed officials, officers, and employees, and agents.

48. Prior to the issuance of the Zoning Clearance for grading or construction on either Lots 1 or 2, the Permittees shall record a restrictive covenant for both lots as developed by the City at the Permittees expense (such requirement can be satisfied with the Agreement to Provide Affordable Housing and Restrictive Covenant recorded on Lots 1 and 2 as required by the Conditions of Approval of the Vesting Tentative Map) regarding the fee waiver granted as the project h as qualified to receive a 100% Development Impact Fee (DIF) waiver as a qualified 501(c)3 non-profit organization.

As provided for in Council Resolution 22-68, if in the future a change of non-profit status or acquisition of the property by a for -profit entity occurs, then the payment of Development Impact fees will be necessary. The for-profit entity shall pay the difference between the full amount of DIFs at the time the DIF was discounted and the reduced DIFs previously paid, plus annual adjustments f or each year the discount was applied.

Each annual adjustment shall be in accordance with a percentage equal to the appropriate Engineering Cost Index as published by Engineering News Record, or its successor publication, for the preceding 12 months for wh ich the ECI is available and such ECI shall be specific to California or the nearest region. Such difference in DIFs shall be paid prior to close of escrow before transfer of ownership or possession. For a change of use to another beneficial project catego ry, the Permittees shall pay the difference for any greater amount of DIFs owed under the new beneficial project category.

421
Exhibit D, Attachment 4
Development Plan Conditions of Approval
Heritage Ridge Residential Project

26 The table below provides the initial DIFs that would be adjusted based on the ECI, as described above, based on the City of Goleta’ s Residential DIF rates for Fiscal Year 2022/2023. The rates upon which DIFs, are based 104 multi-residential units.

In addition, the impact fees established by the Goleta Union/Santa Barbara Unified School Districts (School Fees) shall also be paid in accordance with the requirements of those entities. This condition also serves as notice pursuant to Government Code Section 66020(d) that the City of Goleta is imposing development impact fees (“DIFs”) and the Permittees have 90 days after the imposition of the fees to protest fees.

FEE RATE ESTIMATED TIME
DUE
AGENCY
Fire Facility
(104 Units)
$951 per
unit
$13,314 CO City
Library
(104 Units)
$788 per
unit
$81,952 CO City
Public
Administration
(104 Units)
$2,531
per unit
$263,224 CO City
Transportation
(37 PM
Peak Hour
Trips)
$14,068
per trip
$520,516 CO City
School Fees Set by
School
Districts
-- BP Goleta
Union
&
SB Unified
School
Districts
TOTAL __ $2,266,366 __ __
* Permittees shall record a restrictive covenant on the subject property limiting its use to non-profit purposes in exchange for the DIF reduction. Upon change of non -profit status, all waived fees shall be paid as described in text.

KSF = 1,000 sq. ft.CO = Certificate of Occupancy
BP = Building Permit

49. The following conditions pertain to Permittees of Lots 1 and 2 and Permittees of Lot 4:

A. Any modifications to the approved plans including but not limited to site plan, floor plans, elevations, landscaping, colors and materials, cannot be executed 422
Exhibit D, Attachment 4
Development Plan Conditions of Approval
Heritage Ridge Residential Project

27 without the Planning and Environmental Review Director or designee’s approval.

B. Before using any land or structure, or commencing any work pertaining to the erection, moving, alteration, demolition, enlarging or rebuilding of any building structure, or improvement, the Permittees must obtain a grading and/or building permit from the Planning and Environmental Review Director or designee. The grading and building plans must be prepared in accordance with Chapter 15 of the GMC. The building plans must include the required interior and exterior sound attenuation measures, the water conse rvation measures, air quality measures required either by the adopted Mitigation Measures or Environmental Conditions listed above.

C. Both the grading and the building plans must denote that any portion of the site with archaeological sensitivity cannot be used as parking/storage of construction workers vehicles, construction equipment, stockpiling, or construction materials storage, etc., to the satisfaction of the Planning and Environmental Review Director or designee.

D. All plans submitted for permit issuance (e.g., grading, building permit, etc.) must include all applicable conditions of project approval.

E. Before the start of any work on-site, the Permittees must conduct a pre- construction meeting that includes the Permittees, project superintendent, architect, subcontractors, as well as City representatives from the Planning and Environmental Review and Public Works Departments and including all elements included in the Mitigation Monitoring and Reporting Program.

F. All work within the public right-of-way, including without limitation, utilities and grading, must be explicitly noted on the building plans. The Permittees must obtain all necessary encroachment permits from the Public Works Director or designee, before commencing work within or over the public right-of-way including without limitation, water meters, backflow devices, signs, and curb/gutter/sidewalk improvements.

G. Any temporary building, trailer, commercial coach etc. installed or used in connection with the construction of this project must comply with the requirements of Section 35-281 Article III of the City’s Inland Zoning Ordinance.

H. The Permittees is responsible for informing all sub-contractors, consultants, engineers, or other business entities providing services related to the project of their responsibilities to comply with these conditions including, without limitation, the GMC. This includes the requirements that a business license be obtained to perform work within the City as well as the City’s construction hour limitations.

I. Project construction hours are limited to Monday through Friday 8:00am-5:00pm and generally prohibited on weekends, and on observed state and federal 423
Exhibit D, Attachment 4
Development Plan Conditions of Approval
Heritage Ridge Residential Project

28 holidays. Exceptions to these restrictions may be made for good cause at the sole discretion of the Planning and Environmental Review Director or designee. The Permittees must post the allowed hours of operation near the entrance to the site so that workers on site are aware of the limitations.

J. Any modifications to the approved plans including but not limited to site plan, floor plans, elevations, landscaping, colors and materials, cannot be executed without the Planning and Environmental Review Director or designee’s approval.

K. The Permittees must prepare and secure approval from the City of Goleta and execute, at the Permittees expense, the following documents prior to the issuance of the Zoning Clearance:
i. Landscape Agreement and post securities for installation and maintenance of the City -approved landscape and hardscape improvements. The Permittee must provide separate securities to guarantee the installation of the planting materials and the maintenance/establishment period and shall be in the amounts as provided in the agreement and based on a Landscape Architect’s Estimate, signed, and stamped by a registered landscape architect for the durations noted for the ornamental plantings and the native plantings. The maintenance/establishment securities shall be a for a term of not less than three (3) years for the ornamental landscaping eleme nts and not less than five (5) years for the native landscaping elements following City acceptance of the installation work. Release of the securities shall occur at the discretion of the PER and Public Works Directors that the on-site and public right of way landscaping and native landscaping has been appropriately established.
ii. Notice language to be incorporated within the apartments’ leases of Lots 1, 2 and 4 that advise the future tenants of the location of the park on Lot 3 and associated impacts that should be expected to occur daily from the presence of and use of a public park such as parking, noise, visitors, etc. and noise and vibration from the nearby active Railroad line.

L. Secure Preliminary Design Review Board (DRB) approval of the architecture, including building colors and materials and landscaping and irrigation plans. The plans submitted for DRB review must include any of the requirements contained in the adopted Mitigation Measures and Environmental Conditions o f approval listed above. The landscaping and irrigation plans must:
i. Consist of at least 75% drought-tolerant native or Mediterranean type plants which adequately complement the project design and integrate the site with surrounding land use. The plant material used in the landscape palette must be compatible with the Goleta climate pursuant to Sunset Western Garden Book Zone 24
published by Sunset Books, Inc. Revised and Updated 2012 edition or a more current edition. The landscape plan must be 424
Exhibit D, Attachment 4
Development Plan Conditions of Approval
Heritage Ridge Residential Project

29 compliant with Mitigation Measures MM Bio -5a and MM Bio -5b and Environmental Condition Number 26 above.
ii. Demonstrate compliance with the City’s Water Conservation regulations and Guidelines for Water Conservation in Landscaping.

Use reclaimed water to irrig ate landscaped areas if the recycled waterline is extended to serve the site. If that occurs, then dual water connections must be installed to allow for landscaping to be irrigated by reclaimed water, if feasible.

iii. Utilize efficient irrigation systems which minimize runoff and evaporation and maximize the water which will reach plant roots (e.g., drip irrigation, automatic sprinklers equipped with moisture sensors, etc.)
iv. Utilize automatic sprinkler systems that must be set to irrigate landscaping during early morning hours or during the evening to reduce water losses from evaporation. Sprinklers must also be reset to water less often in cooler months and during the rainfall season so that water is not wasted by excessive landscaping irrigation. v. Use of native and/or drought tolerant species in the final landscaping;
vi. Installation of drip irrigation or other water-conserving irrigation; vii. Group plant material by water needs;
viii. Limiting turf to less than 20% of the total landscaped area if proposed under the final landscape plan or use of artificial turf in place of living grass (this may exceed the 20% maximum); ix. No turf is allowed on slopes of over 4%;
x. Use of extensive mulching (2" minimum) in all landscaped areas to improve the water holding capacity o f the soil by reducing evaporation and soil compaction;
xi. Installation of soil moisture sensing devices to prevent unnecessary irrigation;
xii. Use of only recycled water for landscape irrigation if the Project site is connected to a recycled water line;
xiii. Use of plant materials that can withstand high salinity levels, if recycled water is used for irrigation; and
xiv. Use of plant materials that are compatible with the Goleta climate pursuant to Sunset Western Garden Book’s Zone 24, published by Sunset Books, Inc., Revised and Updated 2001 edition.

M. Incorporate energy conservation measures into the building design. All new residential buildings must comply with the energy efficiency standards set forth 425
Exhibit D, Attachment 4
Development Plan Conditions of Approval
Heritage Ridge Residential Project

30 in the Goleta Municipal Code, and with the CalGreen+ Building Code standards.

The project must minimize indoor water use through the following:
i. Insulation of all hot water lines;
ii. Installation of re -circulating, point -of-use, or on -demand water heaters;
iii. Prohibition of self-regenerating water softening in all structures; iv. Use of lavatories and drinking fountains with self-closing valves; and
v. Installation of water sense specification toilets in each unit.

N. Secure approval of an exterior lighting plan and photometric light study plan from the DRB. The lighting plan must:
i. Minimize off-site glare.
ii. Use lighting devices that are enclosed and protected by weather and vandal resistant covers.
iii. Use illuminated street addresses with a minimum maintained of one foot- candle of light on the ground surface during hours of darkness. Street addressing must be a minimum of 4 inches high and must be visible from the street or driving surface, of contrasting color to the background and be illuminate during hours of darkness. Addressing must also be shown on the building plan elevations.
iv. Comply with any applicable mitigation measures regarding minimizing light spill over into the SPA buffer and nearby residential uses (Mitigation Measure AES-3)
O. Secure approval of a composite utility screening plan from the Planning and Environmental Review Department and the DRB. All external/roof mounted mechanical equipment (including solar panels, HVAC condensers, switch boxes, etc.) must be included on all building plans and designing this equipment must be integrated into the structure and/or screened in its entirety from public view.

Screening may include a combination of landscaping and/or fencing/walls. Utility transformers must be placed in underground vaults where they are completely screened from view, unless otherwise approved by the Planning and Environmental Review Director. All meters painted must be concealed by matching the color of the building. All backflow prevention devices and communications equipment must be concealed in an enclosed portion of the building, on top of the building, or within a screened utility area. All transformers and vaults installed within the public right-of way must be below grade unless otherwise approved by the Planning and Environmental Review Director and the Public Works Director and then completely screened from view. 426
Exhibit D, Attachment 4
Development Plan Conditions of Approval
Heritage Ridge Residential Project

31 P. Provide t rash/recycling enclosures that are compatible with the architectural design of the Project, of adequate size for trash and recycling containers (at least 50 square feet), and accessible by residents and for removal. The trash/recycling areas must be enclosed with a solid wall of sufficient height to screen the area, with a solid gate and a roof, to be maintained in good repair in perpetuity and must be included on final Project plans and before the City issue s a Land Use Permit for construction. The enclosures are required to be approved by the City Design Review Board (DRB).

Q. Obtain all the necessary approvals, licenses, and permits and pay all of the appropriate fees as required by the City. Before any permit may be issued by the City of Goleta, the Permittees must obtain written clearance for each development phase from all Departments/Agencies having conditions or project approval. Such clearance must indicate that the Permittees has satisfied all pre- construction conditions.

R. Secure the construction site with a minimum 6-foot-high fence. The fence must be covered with a material approved by the Planning and Environmental Review Director to minimize dust leaving the site.

S. Enter into an agreement with the City to pay Compliance Review fees to cover full costs of compliance monitoring.

T. Provide the City with copies of the lease excerpt and acknowledgement form that tenants will sign regarding the presence of a park on Lot 3.

U. During grading and construction activities, the Permittees, to the satisfaction of the Planning and Environmental Review Director and/or the Public Works Director, must:
i. Keep the archaeological sensitivity area fence off from use for parking, storage, staging etc. until such time as Lot 3 is developed for park purposes.

ii. Promptly remove any graffiti at the Project site.

iii. Prevent construction and/or employee trash from blowing offsite by:
iv. Provide covered receptacles on-site before commencement of any grading or construction activities;
v. Pick up waste weekly or more frequently as directed by the City; and vi. Designate and provide to the Planning and Environmental Review Director the name and contact information of the project foreman who will monitor construction trash/waste. Additional covered 427
Exhibit D, Attachment 4
Development Plan Conditions of Approval
Heritage Ridge Residential Project

32 receptacles must be provided as determined necessary by Planning and Environmental Review Director.
vii. Ensure that public sidewalks remain open at all times. viii. Ensure that all haul trucks, hauling soil, sand, and other loose materials, are either covered or maintain two feet of freeboard. ix. Reduce NOx emissions during construction by limiting the operation of heavy-duty construction equipment to no more than 5 pieces of equipment at any one time.
x. Maintain equipment and vehicles engines in good condition and in proper tune as per manufacturer’s specifications and per APCD rules to minimize dust emissions.
xi. Use electricity from temporary power poles rather than temporary diesel or gasoline powered generators.
xii. Ensure that construction vehicles only use the City’s designated Truck Routes to the satisfaction of the Public Works Director. All other routes are prohibited. Construction traffic must be routed away from congested streets.
xiii. Configure construction parking to minimize traffic interference to the satisfaction of Public Works Director.
xiv. Provide temporary traffic controls during all phases of construction activities to maintain traffic flow (e.g., flag persons) to the satisfaction of the Public Works Director.
xv. Secure approval of the construction vehicle staging and location of vehicle ingress/egress location and the use of temporary construction driveways from the Public Works Director or designee. xvi. Use electric equipment if feasible to replace diesel-powered equipment such as booster pumps or generators.
xvii. Install catalytic converters on equipment if feasible. xviii. Equip equipment with two-to -four -degree engine time retard or pre- combustion chamber engines, if feasible.
xix. Use methanol or natural gas-powered mobile equipment and pile drivers instead of diesel equipment if readily available at competitive prices, if feasible.

50.Before the City issues certificate of occupancy for Lot 4, the Permittees must:
428
Exhibit D, Attachment 4
Development Plan Conditions of Approval
Heritage Ridge Residential Project

33 A. Install all parking spaces, site and parking lighting and private recreational facilities in accordance with the approved plans based on the construction phasing plan . Any parking concession granted under California State Density Bonus Law shall not become operative until such time as construction of the affordable units on Lots 1 and 2 commences. Permittees of Lot 4 must provide the commensurate amount of required parking based on parking standards as provided by Article III, Zoning Ordinance, as the market rate units are completed.

B. If construction of the affordable units on Lots 1 and 2 has not commenced prior to the issuance of the final Certificate of Occupancy for the last building of market rate units currently planned to be Building 6 , then Permittees of Lot 4 must provide 369 parking spaces (required spaces for market rate unit without any density bonus benefit) on Lot 4 or elsewhere approved for parking on Lots 1 and/or 2 as shown on the Development Plan and approved by the Design Review Board. If the 31 spaces cannot be provided on Lot 4, then Permittees must submit for a Substantial Conformity Determination (SCD) application showing the siting of the parking spaces on Lots 1 and/or 2 with the associated driveway access, pedestrian path, lighting, and landscaping creating a s afe connection to Lot 4.

Any parking spaces located on Lots 1 and/or 2 must be within 500 feet of the closest point of Market Rate Building 6, on Lot 4.

C. Install all required Trash enclosures in accordance with approved plans based on the construction phasing plan.

D. Screen all mechanical equipment in accordance with approved plans based on the construction phasing plan.

E. Install all landscaping and irrigation in accordance with approved plans based on the construction phasing plan.

F. Screen all new utility service connections and above-ground mounted equipment such as backflow devices, etc. from public view and/or painted in a soft earth tone color so as to blend in with the project (red is prohibited) in accordance with approved plans based on the construction phasing plan.

G. Pay all adopted (applicable) impacts fees due including but not limited to Fire Service, Parks and Recreation, Transportation, Library, Public Administration and Police Fees in effect at the time if not waived.

H. Remove temporary construction driveway if used.

I. Secure final clearance from all applicable Agencies/City Departments as needed.

J. Upon transfer of title of the public park on Lot 3 of the Heritage Ridge parcel map, the park parcel must be clear of any encumbrances and/or clouds on title including recordation of any Memoranda of Agreement of private agreements of which the City is not a party.
429
Exhibit D, Attachment 4
Development Plan Conditions of Approval
Heritage Ridge Residential Project

34 Further, upon transfer of title of the park, the Permittees of Lot 4 shall remit contribute $125,000 towards the establishment and maintenance of the native vegetation areas only, within the public park. This amount can be paid in one of two ways: 1) if the Permittee is eligible for reimbursement of at least $125,000 of its Quimby fees pursuant to the VTM conditions at the time this amount is due, upon Permittee request, the City will deduct $125,000 from the amount of Quimby fees eligible for reimbursement or 2) if Permittee is not eligible for reimbursement of at least $1 25,000 of its Quimby fees pursuant to the VTM conditions at the time this amount is due, the Permittee must make a $125,000 cash deposit with the City. The $125,000 payment from the Permittee/Heritage Ridge Owners shall not be counted as payment of the Permittees obligations to pay park fees required by Title 16 of the Goleta Municipal Code and Government Code Section 66477 (Quimby Act) or in compliance with any of its obligations under the VTM conditions . Permittee/Heritage Ridge Owners shall not seek reimbursement of the $125,000 payment from the City under any circumstance.

Upon receipt of such funds , t he City will deposit the $125,000 , along with $125,000 of the City’s own funds, for a total of $250,000 in an account dedicated to funding the maintenance of the native vegetation areas only within the public park. The maintenance and future needs of the park will be subject to the City’s annual budget process during which public meetings will be held and the public will have an opportunity to participate

51. Before the City issues Certificate of Occupancy for buildings on Lot 1 and 2 , the Permittees must complete the following items necessary to support the occupancy of the building:

A. Install all parking spaces, site and parking lot landscaping, and private recreational facilities in accordance with approved plans and construction phasing.

B. Install all required Trash enclosures in accordance with approved plans based on the construction phasing plan.

C. Screen all mechanical equipment in accordance with approved plans based on the construction phasing plan.

D. Install all landscaping and irrigation in accordance with approved plans based on the construction phasing plan.

E. Screen all new utility service connections and above-ground mounted equipment such as backflow devices, etc. from public view and/or painted in a soft earth tone color so as to blend in with the project (red is prohibited) in accordance with approved plans based on the construction phasing plan.

F. Pay all adopted development impact fees due including but not limited to Fire Service, Parks and Recreation, Transportation, Library, Public Administration, 430
Exhibit D, Attachment 4
Development Plan Conditions of Approval
Heritage Ridge Residential Project

35 Stormwater, Bicycle/Pedestrian, and Police Fees in effect at the time unless the Fee Waiver Restrictive Covenant has been recorded.

G. Remove temporary construction driveway if used.

H. Secure final approval for all applicable Agencies/City Departments as required.

52. Prior to the issuance of the final certificate of occupancy for building 4 on Lot 4, complete construction of the approximately 2-acre public park to the satisfaction of the City and dedicated the park to the City, including the easement for the use of 13 parking spaces adjacent to the park and the private roadway leading to the park.

A. The 13 parking spaces are dedicated for park users and signage will be posted to limit the parking spaces for park use during the hours of 8:00am to dus k and maybe subject to parking enforcement /restrictions as determined by the City.

By signing this document, the undersigned certifies that he has read, understood, and agrees to the Project Conditions listed in this document.

Michael B. Earl, FLT Heritage Ridge TG, LLC and GF Frontier, LLC Date

John Polanskey, Director Date
of the Housing Authority of the County of Santa Barbara

431
EXHIBIT 1 TO EXHIBIT D TO ATTACHMENT 4

HERITAGE RIDGE PROJECT

DEVELOPMENT PLAN CONDITIONS OF APPROVAL

AGENCY LETTERS
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June 24, 2021

Mary Chang
City of Goleta
Planning and Environmental Review Department
130 Cremona Drive, Suite B
Goleta, CA 93117

Re: Santa Barbara County Air Pollution Control District Comments on the Revised Draft Environmental Impact Report for Heritage Ridge Residential Project, 14-049-GPA/VTM/DP; SCH #2015041014

Dear Mary Chang:

The project will place sensitive receptors within approximately 50 feet of the Union Pacific railroad tracks and approximately 250 feet of the edge of the closest lane of U.S. Highway 101. When reviewing and commenting on land use projects throughout the cities and unincorporated areas of Santa Barbara County, Distirct staff consistently recommends that sensitive land uses (residences, schools, medical facilities, etc.) should not be sited within 500 feet of the freeway. This is based on 445
District Comments on the Revised Draft EIR for the Heritage Ridge Residential Project, 14-049-GPA/VTM/DP; SCH#2015041014 June 24, 2021

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Goleta City CouncilMarch 7, 2023

Goleta City Council
March 7, 2023