Cabrillo Business Park Development Agreement Assignment and Assumption Agreement at 355 Coromar Drive; APN 073-610-036; Case No. 23-0006-ORD — Goleta City Council, May 7, 2024 (part 1 of 2)

Agenda Item A.9

CPMS CONSENT CALENDAR
Meeting Date: May 7, 2024
TO: Mayor and Councilmembers

SUBMITTED AND
PREPARED BY: Lisa Prasse, Current Planning Manager
Winnie Cai, Assistant City Attorney
SUBJECT: Cabrillo Business Park Development Agreement Assignment and Assumption Agreement at 355 Coromar Drive; APN 073 -610-036; Case No. 23-0006-ORD
RECOMMENDATION:

Authorize the City Manager to execute the Parti al Assignment and Assumption Agreement from RAF Pacifica Group Group-Real Estate Fund VI LLC, a California limited liability company and APG Goleta II -SPE, LLC, a California limited liability company to Google LLC for the property at 355 Coromar Drive.

BACKGROUND:

On May 7, 2007, the City Council adopted Ordinance No. 07 -04 approving the Development Agreement between the City and Santa Barbara Realty Holding Company (SBRHC), the original owners of the Cabrillo Business Park. The Development Agreement sets forth certain rights and obligations between SBRHC and the City with respect to the real estate development project known as Cabrillo Business Park (CBP).

The Development Agreement (DA) has been amended twice on June 21, 2011, and on October 15, 2013.

In general, the scope of development at the 92.25- acre CBP site includes the demolition of two (2) buildings of 84,808 sq. ft., the construction of twelve (12) new buildings with 714,600 square feet, and the retention of seven (7) existing buildings with 241,686 square feet of area. The total amount of building square footage at CBP will be approximately 956,280 sq. feet at the end of development. In addition to the buildings, various site improvements included associated on -site and off -site infrastru cture, parking, landscaping amenities, and passive and active recreational amenities that are available to business park users and to the public. In addition, the original developer provided land to the City for the development of the corporation yard. T he uses at CBP are limited to those allowed by the Service Industrial (I -S) and Business Park (B -P) land use designations. At this point, the only undeveloped parcels left to be developed are 355 Coromar Drive and the parcel located at the southwest corne r of Hollister and Coromar Drive.
1 Meeting Date: May 7, 2024

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In terms of ownership of 355 Coromar Drive (Lot 19), the ownership sequence since the adoption of the CBP DA has been:
 Santa Barbara Realty Holding Company to Jordanos’ Incorporated (Jordanos’) in December of 2014.
 Jordanos’ transferred its fee interest to Jorland LLC (Jorland) in July 2015.  Jorland transferred its interest to K Associates (50% interest) and RAF Pacifica Group (Pacifica) (50% interest) in April 2023.
 K Associates transferred its 50% property interest to APG Goleta II-SPE Inc (APG) in September 2023.
 Pacifica and AGP transferred their fee interest in the property to Google on October 26, 2023.

On December 13, 2023, Google submitted the request for the Assignment to the CBP Development Agreement.

DISCUSSION:

Section 8.03 of the Development Agreement governs Assignments and Transfers of Ownership. Section 8.03.01 provides that the Owner has the right to assign (by sale, transfer, or otherwise) its rights, duties, and obligations under the Develop ment Agreement with the written consent of the City. Section 8.03.02 requires the City to grant approval of the assignment as long as four conditions are met. These conditions are:

1. Owner (or Assignor) is not in default under the Development Agreement at the time of the assignment with respect to the assigned portion;

2. Owner has provided a written request to the City for consent to the assignment;

3. Owner and party to whom the rights are assigned (Assignee) have signed an Assignment and Assumption Agreemen t in a form and content acceptable to the City; and

4. Assignee has signed all the required Agreements and posted any applicable bonds and insurances associated with development and the Development Agreement.

The conditions outlined in Section 8.03 are met for Lot 19 to allow the City’s consent of the Assignment and Transfer Agreement. Further, the City Attorney’s office has reviewed the Assignment Agreement and ha s found the document to be consistent with Section

8.03 of the CBP DA as well.

FISCAL IMPACTS:

There is no fiscal impact associated with this item. The applicant is responsible for the costs associated with this matter.

2 Meeting Date: May 7, 2024

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ALTERNATIVES:

The Council may continue the item for additional information or revisions so the Parties can satisfy the requirements of Section 8.03.02 of the Cabrillo Business Park Development Agreement.

LEGAL REVIEW BY: Megan Garibaldi, City Attorney
APPROVED BY: Robert Nisbet, City Manager
ATTACHMENTS:

1. Google’s Assignment and Assumption Agreement

2. Ordinance No. 07-04 and Development Agreement Amendments 1 and 2 3 ATTACHMENT 1
Partial Assignment and Assumption Agreement
4 1

RECORDING REQUESTED

BY AND WHEN RECORDED
MAIL:

THE CITY OF GOLETA
Attn: City Clerk
130 Cremona Drive
Goleta, CA 93117
WITH A COPY TO:

GOOGLE LLC
Attn: Legal Department/RE Matters
1600 Amphitheater Parkway
Mountain View, California 94043
Exempt from recording fee per (Space Above For Recorder's Use) Government Code Section 27383

PARTIAL ASSIGNMENT AND ASSUMPTION AGREEMENT AND

ACKNOWLEDGEMENT AND CONSENT

CABRILLO BUSINESS PARK
APN 073-610-036

BY AND BETWEEN

SANTA BARBARA REALTY DEVELOPMENT, LLC
AND

GOOGLE LLC

WITH CONSENT BY

CITY OF GOLETA
DocuSign Envelope ID: D7B21A71-7E60-451A-8E48-C323E954449D 5 2

PARTIAL ASSIGNMENT AND ASSUMPTION AGREEMENT
This PARTIAL ASSIGNMENT AND ASSUMPTION AGREEMENT (this
“Assignment”) dated as of October 26, 2023, is by and between SANTA BARBARA REALTY DEVELOPMENT, LLC, a Delaware limited liability company ("SBRD"), and GOOGLE LLC, a Delaware limited liability company (“Google”).

RECITALS
A. Pursuant to California Government Code sections 65894 et seq., the City of Goleta (“City”) and Santa Barbara Realty Holding Company, LLC (“ SBRHC”) entered into that certain Development Agreement By and Between the City and Santa Barbara Realty Holding Company, LLC (“SBRHC”) dated May 7, 2007, and recorded in the Official Records of the County of Santa Barbara (“ Official Records”) as Instrument No. 2007-0046722, as amended by the First Amendment to Development Agreement By and Between the City and SBRD dated June 21, 2011, and recorded in the Official Records as Instrument No. 2011-0041778 and as amended by the Second Amendment to Development Agreement By and Between the City and SBRD dated October 15, 2013, and recorded in the Official Records as Instrument No. 2013- 0076544 (together, the “Development Agreement”).

B. The Development Agreement sets forth certain rights and obligations as between SBRHC and the City with respect to the real estate development project commonly known as the Cabrillo Business Park as approved by the City and as more particularly described in the Development Agreement (the “Project”).

C. SBRCH assigned to SBRD certain rights and obligations under the Development Agreement and SBRD assumed those rights and obligations as set forth in that Assignment and Assumption Agreement dated March 1, 2011, and recorded in the Official Records of the County of Santa Barbara (“O.R.”) as Instrument No. 2011-0015739 (“SBRD Assignment”). In the SBRD Assignment, SBRCH retained certain Development Agreement obligations related to the Project.

D. SBRD was the fee owner of that portion of the Project commonly known as Lot 19 and as described more fully on Exhibit A attached hereto and incorporated herein by reference herein ("Transfer Property "). SBRD subsequently transferred its fee interest in the Transfer Property to JORDANOS’ INC. on December 18, 2014 (O.R. Instrument No. 2014-0058049). JORDANOS’ INC. subsequently transferred its fee interest in the Transfer Property to JORLAND, LLC on July 17, 2015 (O.R. Instrument No. 2015-0038262).

JORLAND, LLC subsequently transferred its fee interest in the Transfer Property to K ASSOCIATES (50% Fee Interest) and RAF PACIFICA GROUP - REAL ESTATE FUND VI, LLC (50% Fee Interest) on April 28, 2023 (O.R. Instrument No. 2023-0012101). K ASSOCIATES subsequently transferred its 50% fee interest in the Transfer Property to APG GOLETA II-SPE INC (50% Fee Interest) on September 14, 2023 (O.R. Instrument No. 2023-0026779). APG GOLETA II-SPE INC (50% Fee Interest) and RAF PACIFICA GROUP - REAL ESTATE FUND VI, LLC (50% Fee Interest) (collectively, “ RAF”) transferred their fee interests in the Transfer Property to Google on October 26, 2023 (O.R.

Instrument No. 2023-0032076).

DocuSign Envelope ID: D7B21A71-7E60-451A-8E48-C323E954449D 6 3
E. Prior to Google acquiring fee interest in the Transfer Property, APG GOLETA II- SPE, LLC, a California limited liability company, and RAF PACIFICA GROUP – REAL ESTATE FUND VI, LLC, a California limited liability company (collectively, “RAF”) agreed to transfer their fee interests in the Transfer Property to Google pursuant to that certain Purchase and Sale Agreement dated October 24, 2023 (and subject to the terms and conditions therein). In connection with the Transfer Property transaction between RAF to Google, Google desires to have SBRD assign to Google certain rights and obligations under the Development Agreement as they pertain to the Transfer Property only.

F. Relative to the Transfer Property, SBRD has retained and not previously assigned its rights, title, interests, or obligations under the Development Agreement to any other party, as such assignment would require the consent of the City of Goleta and no such consent has previously been granted.

G. SBRD desires to assign to Google certain of its rights, title and interests to and to delegate to Google certain of its obligations under the Development Agreement with respect to the Transfer Property only, and Google desires to accept such rights and assume such obligations with respect to the Transfer Property only, on the terms and conditions set forth below.

H. The date of the conveyance of the Transfer Property from RAF to Google shall be the effective date of this Assignment (“ Effective Date ”). The date of conveyance shall be evidenced by the recording of the grant deed conveying the Transfer Property to Google which occurred on October 26, 2023 as evidenced by O.R. Instrument No. 2023-0032076.

I. This Assignment is entered into pursuant to Section 8.03 of the Development Agreement which provides that, by entering into a partial assignment, and the City’s consent to the same, SBRD may assign certain of its rights and obligations under the Development Agreement to any party acquiring an interest or estate in the Transfer Property.

AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:

1. Assignment of Rights and Assumption of Obligations. As of the Effective Date, SBRD hereby assigns and transfers to Google a vested right to develop and use the Transfer Property as set forth in the Development Agreement and any and all rights, title and interests of SBRD under the Development Agreement solely with respect to the Transfer Property (the “Assigned Rights”) and further assigns and transfers to Google the obligations of SBRD under the Development Agreement to the extent first arising and accruing from and after the Effective Date but only insofar as they directly relate to the development, use and fair share obligations of the Transfer Property (“ Assumed Obligations”). The Assumed Obligations expressly exclude, without limitation: (a) any obligations pertaining to the development, construction, dedication, improvement or maintenance of Project property other than the Transfer Property, or the payment of any fees relating thereto, (b) SBRHC’s retained obligations as set forth in the SBRD Assignment, and (c) any obligations to fund, complete, post bonds and/or provide insurance for DocuSign Envelope ID: D7B21A71-7E60-451A-8E48-C323E954449D 7 4
any required subdivision improvements and/or other improvements required by the Project Approvals and the Development Agreement (it being understood that Google shall be responsible only for the payment of the Transfer Property’s proportionate share of applicable development impact fees and/or fair share fees). Google hereby accepts assignment of the Assigned Rights and assumes the Assumed Obligations and agrees to (i) exercise such Assigned Rights and perform the Assumed Obligations to the extent first arising from and after the Effective Date in a manner consistent with and subject to the terms and provisions of the Development Agreement; and (ii) fully and faithfully to pay, perform, and discharge, as and when payment, performance and discharge are due, any and all of the Assumed Obligations first arising from and after the Effective Date.

2. Consent. As of the Effective Date, this Assignment is a permitted transfer, having been approved by the City of Goleta, as referenced in Section 8.03.02 of the Development Agreement.

3. Waivers and Indemnification. To the fullest extent permitted by law, Google hereby waives any claim against SBRD with respect to the Assigned Rights and agrees to indemnify and save harmless SBRD from and against all claims, actual damages, costs, or expenses (including reasonable attorneys’ fees and costs) asserted by a third party against SBRD to the extent arising from the assignment by SBRD to Google of the Assigned Rights and Google’s assumption of the Assumed Obligations pursuant to this Assignment. Notwithstanding anything contained in this Assignment to the contrary, each of SBRD and Google hereby waives and releases (and covenants not to seek or to pursue) any claims for incidental, consequential, punitive or special damages under or in connection with this Assignment.

4. Miscellaneous.
a
. Successors. This Assignment shall be binding on and inure to the benefit of the parties and their respective successors, heirs and assigns. b. Entire Agreement. This Assignment represents the entire agreement between the parties hereto and supersedes all prior negotiations, discussions, offers, understandings, representations and agreements (whether written or oral) with respect to the matters herein.
c. Counterparts. This Assignment may be executed in counterparts and shall constitute an agreement binding on all parties notwithstanding that all parties are not signatories to the original or the same counterpart provided that all parties are furnished a copy or copies reflecting the signatures of all parties. d. Further Assurances. Each of the parties hereto shall deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of this Agreement.
e. Amendment; Waiver. This Assignment may not be changed, waived, discharged or terminated, except by an instrument in writing signed by the party against DocuSign Envelope ID: D7B21A71-7E60-451A-8E48-C323E954449D 8 5

whom enforcement of the change, waiver, discharge or termination is sought. No delay, failure or discontinuance in exercising any right, remedy, power or privilege hereunder shall affect or operate as a waiver of such right, remedy, power or privilege hereunder. f. Authority. Each individual executing this Assignment represents that they are duly authorized to execute and deliver this Assignment on behalf of the party for which they are signing, and this Assignment is binding upon the party for which they are signing in accordance with its terms.
g. Governing Law. This Assignment was made in and is to be performed entirely within the State of California, and its interpretation, its construction and the remedies for its enforcement or breach are to be applied pursuant to, and in accordance with the laws of the State of California.
h. Notices. Any notice or communication required under the Development Agreement and to be delivered pursuant to Section 8.10 shall be directed to Google at its addresses below:

To SBRD: Santa Barbara Realty Development, LLC
Attn: Mr. Steven K. Fedde
996 S. Seaward Avenue
Ventura, CA 93001
To Google: Google LLC
1600 Amphitheater Parkway
Mountain View, California 94043
Attention: REWS/Lease Administration
With a copy to: Google LLC
1600 Amphitheater Parkway
Mountain View, California 94043
Attention: Legal Department/RE Matters
And a copy to: SSL Law Firm, LLP
505 Montgomery Street, Suite 620
San Francisco, CA 94104
Attention: Diane Hanna, Esq.

[signature page follows]

DocuSign Envelope ID: D7B21A71-7E60-451A-8E48-C323E954449D 9 6

IN WITNESS WHEREOF, this Assignment has been entered into by and between Assignor and Assignee as of the day and year first above written.

SBRD:

SANTA BARBARA REALTY DEVELOPMENT,
a Delaware limited liability company

By: SRG Santa Barbara, LLC,
a Delaware limited liability company.
its Managing Member

By: ____________________________________
Name: __________________________________
Title: ___________________________________
GOOGLE:

GOOGLE LLC,
a Delaware limited liability company

By:

Name:

Title:

DocuSign Envelope ID: D7B21A71-7E60-451A-8E48-C323E954449D 10 7

CITY OF GOLETA CONSENT TO ASSIGNMENT
The City consents to the above-referenced Partial Assignment and Assumption Agreement, and releases SBRD from its obligations regarding the Transfer Property as defined herein, consistent with the Development Agreement and as described in this Assignment. _____________________________________ _____________
Robert Nisbet, Goleta City Manager Date
ATTEST:
___________________________________
Deborah Lopez, Goleta City Clerk
APPROVED AS TO FORM:

By: _______________________________
Winnie Cai, Assistant City Attorney
DocuSign Envelope ID: D7B21A71-7E60-451A-8E48-C323E954449D 11 8

ACKNOWLEDGMENT
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.

State of California )
County of )
On ____________________________, before me,
__________________________________
(insert name of notary)
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)
DocuSign Envelope ID: D7B21A71-7E60-451A-8E48-C323E954449D 12 9

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)
DocuSign Envelope ID: D7B21A71-7E60-451A-8E48-C323E954449D 13 10

EXHIBIT A
LEGAL DESCRIPTION OF TRANSFER PROPERTY (LOT 19)
Real property in the City of Goleta, County of Santa Barbara, State of California, described as follows:

THOSE PORTIONS OF LOTS 5, 6, 9 AND 19 OF FINAL MAP NO. 32,046 IN THE CITY OF

GOLETA, COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA FILED IN BOOK 205, PAGES 11-15 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHWEST CORNER OF THE LAND DESCRIBED IN THE

DEED TO THE REGENTS OF THE UNIVERSITY OF CALIFORNIA RECORDED DECEMBER 13, 2013 AS INSTRUMENT NO. 2013- 77961 OF OFFICIAL RECORDS OF SAID COUNTY;
THENCE 1 st S. 00° 14' 38" W, ALONG THE WEST LINE OF SAID REGENTS TRACT, 354.35 FEET TO THE SOUTHWEST CORNER OF SAID REGENTS TRACT; THENCE 2 nd N. 89° 44' 05" W, ALONG THE SOUTH BOUNDARY OF SAID FINAL MAP NO. 32,046, 515.42 FEET TO THE SOUTHWEST CORNER OF SAID FINAL MAP NO. 32,046;
THENCE 3rd N. 00° 18' 15" E, ALONG THE WEST LINE OF SAID FINAL MAP NO. 32,046, 718.17 FEET;
THENCE 4 th S. 89° 44' 33" E, ALONG THE SOUTH LINE AND THE EASTERLY PROLONGATION OF THE LOT LINES COMMON TO LOTS 5 AND 7 OF SAID FINAL MAP NO. 32,046, 401.31 FEET TO THE WEST LINE OF COROMAR DRIVE;

THENCE ALONG THE WEST LINE OF COROMAR DRIVE AND THE SOUTH AND

SOUTHWESTERLY LINE OF DISCOVERY DRIVE BOTH AS SHOWN OF SAID FINAL MAP NO. 32,046 THE FOLLOWING COURSES AND DISTANCES:

THENCE 5 th S. 01° 04' 06" E, 281.80 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 84.00 FEET;
THENCE 6th SOUTHERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 88° 24' 37" AN ARC LENGTH OF 129.62 FEET; THENCE 7th S. 89° 28' 43" E, CONTINUING ALONG THE SOUTH LINE OF DISCOVERY DRIVE, 23.33 FEET TO THE POINT OF BEGINNING.

THIS LEGAL DESCRIPTION IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE APPROVING A LOT LINE ADJUSTMENT NO. 14-070-PCR-LLA, RECORDED DECEMBER 17, 2014 AS INSTRUMENT NO. 2014- 0057978 OF OFFICIAL RECORDS.

APN: 073-610-036
DocuSign Envelope ID: D7B21A71-7E60-451A-8E48-C323E954449D 14 ATTACHMENT 2

Ordinance No. 07-04 and Development Agreement Amendments 1 and 2

15 16
17 18
19 20
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

DEVELOPMENT AGREEMENT BY AND BETWEEN:

CITY OF GOLETA AND SANTA BARBARA REALTY HOLDING COMPANY, LLC Dated: ________________, 2007
* * * * *
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TABLE OF CONTENTS
Page
RECITALS 1
Section 1 Incorporation of Recitals 2
Section 2 Definitions 2

2.01 Defined Terms 2

2.02 Additional Defined Terms 4
Section 3. Project and Property Subject to This Agreement; Applicable Regulations 4

3.01 Permitted Uses; Terms and Conditions of Development 4

3.02 Vested Rights to Develop; Effect of Agreement 4

3.03 Applicable Law of the Project 5

3.04 Exception for Uniform Codes 6

3.05 Subsequent Enactment 6

3.06 State and Federal Laws 7

3.07 Multiple Final Maps 7

3.08 Phasing of Development 7

3.09 Construction Improvements; Reimbursement Agreements 8 Section 4. Obligations of the Parties. 11

4.01 Obligations of Owner 11

4.02 Obligations of City 13
Section 5. Implementation of this Agreement 14

5.01 Effective Date 14

5.02 Term 14
Section 6. Amendment of Agreement and Discretionary Permits 15

6.01 Amendment of Agreement 15

6.02 Minor Amendments 15
Section 7. Annual Review, Default, and Remedies; Legal Actions; Termination Upon Completion of Development. 16
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TABLE OF CONTENTS (Continued)
Page No.

7.01 Default; General Provisions 16

7.02 Annual Review 16

7.03 Impossibility of Performance 17

7.04 Cooperation in the Event of Legal Challenge 17

7.05 Applicable Law 18

7.06 Termination Upon Completion of Development of Project 18 Section 8. General and Miscellaneous Provisions. 18

8.01 Covenants Running with the Land 18

8.02 Mortgagee Rights and Protections 19

8.03 Assignments and Transfers of Ownership 20

8.04 Insurance 21

8.05 Severability 22

8.06 Relationship of Agreement and Project Approvals 22

8.07 Further Actions 22

8.08 Operating Memoranda 22

8.09 Construction 22

8.10 Notices 22

8.11 Estoppel Certificate 23

8.12 Owner's Interest 24

8.13 No Third Party Beneficiary 24

8.14 Relationship of Parties 24

8.15 Waiver 24

8.16 Applicable Law 24

8.17 Time of Essence 25

8.18 Recordation 25

8.19 Entire Agreement and Amendment 25

8.20 C ounterparts and Exhibits 25

8.21 Signatures 26
/ / /
/ / /
/ / /
24 SB 414705 v6:007855.0001

DEVELOPMENT AGREEMENT BETWEEN

CITY OF GOLETA AND

SANTA BARBARA REALTY HOLDING COMPANY, LLC
THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into this ____ day of _____________, 2007 , by and between Santa Barbara Realty Holding Company (“Owner”), a Delaware limited liability company, and the City of Goleta, a municipal cor- poration (“City”) pursuant to the authority of Sections 65864 et seq. of the Government Code of the State of California.

RECITALS
This Agreement is entered into with reference to the following facts:

A. Government Code Sections 65864 -65869.5 authorize the City to enter into bin d- ing development agreements with persons having legal or equitable interests in real property for the development of such property.

B. Owner has requested the City to consider entering into a development agre e- ment regarding the Property (37-SB-OA) located at 6767 Hollister Avenue, Goleta, Cali- fornia 93117 (APN 073-450-005) and more particularly described in Exhibit A attached hereto and incorporated herein by this reference (the “Property”).

C. On December 18, 2006, the City Council authorized initiation of a development agreement regarding Owner’s proposed development of the Property.

D. Appropriate proceedings have been taken to consider a development agre ement for the Property, in accordance with the City's rules and regulations and the En abling Resolution.

E. The City Council has found that the development agreement is co nsistent with the applicable general plan provisions.

F. The City has conducted an environmental review of the Project and of the parties' proposed execution of a development agreement, as reflected in the enviro nmental document identified as 37-SB
-EIR (the “EIR”).

G. Owner's proposed development of the Pro perty is generally described as: the development of a modern business park by the subdivision of a 92.25 area parcel and construction of twelve (12) new buildings totaling 714,600 square feet (with approx i- 25 SB 414705 v6:007855.0001
mately 10,000 square feet being used for on-site service-related uses), the demolition of two (2) buildings totaling 84,808 square feet, and the retention of seven (7) exis ting buildings totaling 241,686 square feet for a total building square footage of approx i- mately 956,282 square feet , with associated on-site and off-site infrastructure, standard landscaping amenities, and a substantial greenbelt area providing amenities for passive and active recreational a ctivities, all as more particularly described as Alternative 7 of the EIR, in the Project Approvals as defined below, and in those exhibits identified in Exhibit B hereto(the “Project”).

H. On April 30, 2007, the City Council and the Planning Agency of the City of Goleta in a joint meeting held a public hearing to consider approval of the Project, certif ication of the environmental document, and adoption of the Development Agreement.

I. On April 30 , 200 7, the City Council of the City of Goleta certified the Enviro n- mental Document. On May 7, 2007, the City Council adopted Ordinance No. _____, approving the development agreement, and approved the other Project Appro vals (as defined herein) associated with the Project.

J. This Agreement is intended to be, and shall be construed as, a deve lopment agreement within the meaning of the development agreement statute and the En abling Resolution. The City and the Owner have taken all actions mandated by and have fu l- filled all requirements set forth in the development agreement statute and the En abling Resolution.

NOW THEREFORE, in consideration of the mutual covenants and promises contained herein and other consideration, the value and adequacy of which are hereby acknow l- edged, the Owner and City agree as follows:

Section 1
. Incorporation of Recitals.

The parties agree the foregoing Recitals are true and correct.

Section 2
. Definitions.

2.01 Defined Terms. The following terms used in this Agreement, unless the co ntext otherwise requires, shall have the following meanings:
(a) "Agreement" shall mean this Development Agreement.
(b) "Applicable Law of the Project " shall m ean all of the ordinances, rules, regulations and official policies applicable to the Project as defined in Se c- tion 3.03 hereof.
(c) "CEQA" shall mean the California Environmental Quality Act, California Public Resources Code § 21000 et seq.
26 SB 414705 v6:007855.0001
(d) "Conditions of Approval" shall mean those Conditions of Approval applic a- ble to the Project and contained in Exhibit "C" hereto. (e) "City" shall mean the City of Goleta, California, or its successors in inte r- est.
(f) "Owner" shall collectively mean Santa Barbara Realty Ho lding Company, LLC, or its successors in interest and assignees pursuant to this Agre e- ment.
(g) "Development Plans" shall mean the development plans for the Property as defined in Recital F above.
(h) "EIR" shall mean that certain EIR identified as 37-SB-EIR_____________ prepared in connection with the adoption of this Agreement , including the Addendum thereto dated April 23, 2007.
(i) "Effective Date" shall mean the 30th day following the date of adoption by the City Council of Ordinance No. ___ approving this Agreement. (j) "Mortgagee" shall mean the holder of any mortgage or the beneficiary of any deed of trust covering all or part of the Property or any successor or assignee of any such mortgage holder or beneficiary, pr ovided that such mortgage holder or beneficiary has delivered written notice to the City stat- ing its desire to receive notices of default pursuant to Section 8.02. (k) “Project" shall mean the development of the Property as defined in Recital G above.
(l) " Project Approvals" shall mean those certain entitlement approvals i ssued by City for the Project concurrently with approval of this Agreement, i n- cluding but not limited to certification of the EIR and approval of the Vest- ing Tentative Map (37-SB-TM), Development Plan (37-SB-DP), rezone (37-SB-RZ), and Road Naming Application (37-SB-RN), subject to the Conditions of Approval. A list of exhibits reflecting the Project Approvals is attached hereto as Exhibit B.
(m) " Property" shall mean that certain real property as defined i n Recital B, above.
(n) " Subsequent Approvals" shall mean those certain future approvals for the Project which the City agrees to grant pursuant to Section 4.02.01 below. (o) “ Tract Map” shall mean that Vesting Tentative Tract Map for the Property as described in Recital F.
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2.02 Additional Defined Terms . To the extent that any capitalized terms contained in this Agreement are not defined above, then such terms shall have the meaning ot h- erwise ascribed to them in this Agreement.

Section 3. Project and Property Subject to This Agreement; Applicable Regul a- tions.

3.01 Permitted Uses; Terms and Conditions of Development . All of the Project and the Property shall be subject to this Development Agreement. The permitted uses, the density and intensity of u se, the location of uses, the maximum height and size of proposed buildings, and other standards of Project design applicable to the Property shall be those set forth in the Project Approvals. In particular, the Project shall contain the following elements, in compliance with Gov
ernment Code § 65865.2:

3.01.01. Permitted uses of the Property are limited to those uses permitted in the City’s Business Park land use designation including but not limited to research and development, light industrial, office, commercial, and self storage uses, and buil d- ings, structures and uses accessory and customarily incidental to such uses.

3.01.02. Maximum density (intensity of use): consistent with Exhibits B and C.

3.01.03. Maximum height for each of the proposed b uildings: consistent with Exhibits B and C.

3.01.04. Maximum size for each of the proposed buildings: consistent with Exhibits B and C.

3.01.05. The following reservations (dedications) of land shall be made for the public purposes specified: those reservations and dedications consistent with E x- hibit B and C , including but not limited to (a) an offer of dedication of a public access easement for the property adjacent to the westerly boundary of the Property, as more particularly described in Section 4.0 1.03.01 hereof and in Exhibit F hereto, and (b) an offer of dedication of Lot 12 of the Vesting Tentative Tract Map to the City in fee and all improvements located thereon in fee simple to the City, as more pa rticularly described in Section 4.01.03.03 hereof.

3.02 Vested Right to Develop; Effect of Agreement
. Owner shall have the vested
right to develop the Project on the Property in accordance with the Project Approvals and the provisions of this Development Agreement. The parties agree that the purpose and effect of this Agreement is to authorize the development of the Pr oject pursuant to the Project Approvals and subject to the Applicable Law of the Project. The Project A p- provals, Applicable Law of the Project, and this Develop ment Agreement shall su per- sede any inconsistent ordinances, rules, regulations or official policies which either cu r- rently exist or may be enacted in the future, e xcept as specifically set forth herein. The Project Approvals, once granted by City , shall remain valid for the ter m of this Agre e- 28 SB 414705 v6:007855.0001
ment, notwithstanding any City regulation or provision of law to the co ntrary. By way of example only, Tentative Tract Map 37-SB-TM shall rem ain valid for the term of this Agreement, regardless of the timing of filing of final map or of multiple final maps should Owner elect to pursue filing of multiple final maps.

3.03 Applicable Law of the Project. Owner and City agree that, by virtue of Owner’s permit applications for the Project ha ving been deemed complete by the County of Santa Barbar a on September 7, 2001 , prior to City’s incorporation, pursuant to Go v- ernment Code sections 66498.1 and 66474.2 the ord inances, policies and standards that under operation of law are applicable to the Pr oject are those ordinances , policies and standards t hat were in effect on Septe mber 7, 2001: i.e. the Goleta Community Plan, Chapter 35 Article III of the Code of the County of Santa Barbara (the Zoning O r- dinance), and other regulations of the County that were in effect on that date. However, while affirming its legal right to have County of Santa Barbara regulations applied to the Project, Owner recognizes that, since the develo pment of the Project will be phased over a number of years, it may be confusing for City staff to co ntinue to apply County of Santa Barbara standards from 2001 to the Project for a substantial period of time into the future. Owner and City have compared City o rdinances, policies and standards in effect as of the date of execution of this Agreement with those County ordinances, pol i- cies and standards in effect on September 7, 2001, and have determined that, in most instances, the purpose and operative elements of City and County regulations are sim i- lar. As to those ordinances, policies and standards of the County and City whose pu r- pose and operative elements are substantially dissimilar or in which the City ordinances, policies and standards regulate in an area left unregulated by the County , Owner main- tains its right, recognized by City, to require City to apply to the Project thos e County ordinances, policies and standards in effect on September 7, 2001.

Accordingly, e xcept as otherwise provided in this Agreement, the ordinances, rules, regulations, and official policies of City governing the Property -- including, but not limited to, the law governing the issuance of permits and approvals for the Project and the zoning and General Plan applicable to the Project -- shall be those ordi nances, rules, regulations, fees, and official policies in effect on the date of City’s approval of this Agreement, except as follows:
i. Policy LU 11 (Nonresidential Growth Management) of the City’s General Plan and Ordinance 03-04 (relating to growth management regulations), includ- ing without limitation Policies LU 11.1 through 11.6, shall not be applicable to the Pr o- ject. Pursuant to Government Code §§ 66498.1 and 66474.2, t he County’s comparable growth management regulations in effect on September 7, 2001 (Chapter 35A of the County Code) would apply to the Project; however, the County’s growt h management regulations having been repealed, Owner and City agree that no nonresidential growth management regulations shall be applied to the Project. ii. The Housing Element of the County’s General Plan as it existed on September 7, 2001, rather th an the Housing Element of the City’s General Plan, shall be applicable to the Project.
29 SB 414705 v6:007855.0001
iii. The “Standards for Density and Building Intensity” contained in T a- ble 2-3 of the Land Use Element of the City’s general plan shall not be applicable to the Project; rather, those County standards relating to density and building intensity that e x- isted on September 7, 2001 shall be applicable to the Project. The prohibitions in the City’s general plan Policy LU 4.2 against outdoor storage in the business park des igna- tion shall not be applicable to the Project; rather, the County’s Goleta Community Plan authorization of storage for industrial uses shall apply. Finally, the r estrictions in the City’s general plan Policy LU 4.2 that “small scale commercial uses” ser ving the needs of business park employees are authorized shall not be applicable to the Project. I n- stead, the County’s regulation regarding permitted commercial uses in business parks shall apply (County zoning ordinance Article III section 35 -233.4), with the further provi- sion that the County regulation ’s restriction of cumulative development of such uses to 20% of the total gross floor area of the lot shall not apply to the Project, the applicable restriction for the Project instead being that cumulative development of such uses shall not exceed 20% of the total gross floor area of the Project. iv. The provisions of County of Santa Barbara Ordinance 4270, as adopted by City, which requires payment of transportation development impact fees at the time o f final approval of a subdivision map, shall not be applicable to the Project; rather, Owner shall pay transportation development impact fees to City as provided in section 3.09 hereof.

The ordinances, regulations and standards specified above, taken together, shall consti- tute the Applicable Law of the Project. The City agrees that the Project as cond itioned meets the requirements of and complies with the Applicable Law of the Pr oject, except that the City expressly exempts Lot 19 of the Vesting Tentative Tract Map from the r e- quirement contained in the City’s Inland Zoning Ordinance (Art. III, § 35 -233.8) that all lots in the industrial research park/business park designation be a minimum of one (1) acre in size.

3.04 Exception for Uniform Codes
. The provisions of Section 3.03 shall not go vern
the application to the Project of the Uniform Building Code, Uniform Fire Code and other uniform construction codes, and other codes, ordinances and regulations e nforced by City relating to building or constructi on standards, which shall apply to the Project as in force and effect at the time of building permit or construction permit issuance.

3.05 Subsequent Enactments. This Agreement shall not preclude the City, in subse- quent actions applicable to the Propert y or the Project, from applying new rules, regul a- tions and official policies which do not conflict with the Applicable Law of the Project, which carry out the objectives of this Agreement, and which facilitate the d evelopment of the Project. No moratorium , initiative, or other limitation affecting buil ding permits or other land use entitlements or the rate, timing or sequencing thereof which is enforced by City shall apply to the Property or the Project Approvals, provided ho wever that the provisions of th is Section 3.05 shall not affect City's compliance with moratoria ma n- dated by other governmental agencies or orders from a court of competent jurisdiction. 30 SB 414705 v6:007855.0001

3.06 State and Federal Laws . This Agreement shall not preclude the application to the Project of changes in City ordinances, rules, regulations and official policies, to the extent that such changes are specifically required to be applied to development such as the Project by changes in state or federal laws or regulations. In the event that any subsequent changes in state or federal laws or regulations prevent or preclude compl i- ance with one or more provisions of this Agreement, such provision shall be mod ified or deleted to comply with state or federal law.

To the extent that any (i) actions of F ederal or State agencies, (ii) actions of r e- gional and local agencies, including the City, required by Federal or State agencies, or (iii) actions of the City taken in good faith in order to prevent adverse impacts upon the City by actions of Federal or St ate agencies have the effect of preventing, delaying or modifying development of the Project or any portion thereof, the City shall not in any manner be liable for such prevention, delay or modification of said development.

3.07 Multiple Final Maps
. Owner as subdivider of the Property hereby states
its intention that it may file multiple final maps subsequent to City’s approval of the Ten- tative Tract Map. City concurs in the filing of such multiple final maps. In the altern a- tive, Owner may file a single final map encompassing all lots depicted on the Tentative Tract Map. Whether Owner elects to file multiple final maps or a single final map, the Applicable Law of the Project shall provide those ordinances, rules, regulations, and o f- ficial policies applicable to such final map(s).

3.08 Phasing of Development . The phasing program for the Project is attached hereto as Exhibit D and incorporated herein by this reference. Each phase of the Pr o- ject has associated with it corr esponding construction of inter nal site development (e.g. internal roadways, parking a reas, landscaping), street frontage improvements (e.g. curb, gutter and sidewalk), and off -site public improvements (e.g. construction of i m- provements to the City’s street and intersection network). C onstruction of such private and public i nfrastructure implements the required mitigation measures specified in the EIR and other City regulations. Specifically, the Project’s obligation to finance constru c- tion of off-site public roadway and intersection improvements is based on the analysis of the project’s traffic impacts co ntained in the EIR , which analysis demonstrates that , at various phases of the Project’s development , certain public improvements must be con- structed to insure that the City’s roadway and intersection network continues to operate at acceptable levels of service. The purpose of the phasing program for the Project is thus to insure that (1) development of the Project occurs over time in an o rderly and predicable fashion (2) appropriate public and private infrastructure to support each phase is constructed concurrently with such phase.

Owner may determine that the building(s) scheduled for construction in a later phase should instead be developed prior to those buildings scheduled for c onstruction in an earlier phase. For instance, and by way of example only, Owner may determine, based on market demand, that buildings scheduled for construction in phase 7 should 31 SB 414705 v6:007855.0001
be d eveloped in advance of those sch eduled for development in phase 3. In such event, City agrees that Owner may advance the development of a later phase before the development of an earlier phase. Any on-site or off -site improvements associated with a building or buildings that have been advanced for construction, as reflected in Exhibit D, may also be required to be constructed as part of such advanced phase if re- quired to mitigate impacts of such advanced phase . The parties recognize that self - storage facilities (Buildings 3, 8 and 11 of the final development plan) create fe w off-site impacts and thus require construction of few off -site improvements. Any changes to Exhibit D necessitated by Owner’s advancement of a later phase for development ahead of an earlier phase shall be memorialized as a revision to Exhibit D and proc- essed as an operating memorandum to this Agreement pursuant to section 8.08 hereof.

3.09 Fees, Conditions and Dedications. As an element of the Applicable Law of the Project, Owner shall be obligated to pay those fees, charges and assessments (herei n- after “fees”) and to make those dedications and improvements , as are set forth in this Agreement and in the Conditions of Approval contained in Exhibit C to this Agreement.

Specifically, for the term of this Agreement, the Project shall be r equired to pay those development impact fees to mitigate potential impacts created by the project as pr o- vided in City fee ordinances and resolutions in effect as of the date of execution of this Agreement. A listing of such fees is contained in Exhibit E1 attached hereto. Owner’s obligation to pay fees to City shall be limited to those fees listed in Exhibit E1, and Owner shall not be required to pay to City any fees other than those listed in Exhibit E1, including any new fees that may be enacted subsequent to the execut ion of this Agree- ment. The fee amounts listed on Exhibit E1 reflect those fee amounts (fee rates per 1000 square feet and total fees for each class of fee attributable to the Project) as of the date of execution of this Agreement.

City agrees that the P roject has provided substantial acreage of recreational open space for use by the public, as well as the dedication in fee to City of Lot 12 of the Project for City’s use as a Public Works yard and warehouse. City fu rther agrees that provision of such pu blic amenities exceeds the impacts created by the Project on parks and public administration facilities. City therefore agrees that, as to such fee categories, Owner is entitled to a one hundred percent (100%) credit against City fees otherwise due and owning to City for parks and public administration facilities , as reflected on E x- hibit E1.

The amount of fees to be paid by Owner to City, as listed in Exhibit E1, shall be subject to automatic annual adjustment on July 1st of each fiscal year (commencing July 1, 2008) by a percentage equal to the appropriate Engineering Cost Index as pu b- lished by the Engineering News Record, or its successor publication, for the previous twelve (12) months, with the limitation that any such annual adjustment shall be lim ited to a maximum of five percent (5%) per annum. All fee s shall be paid at certificate of oc- cupancy for each phase of the project, notwithstanding any City regulation to the co n- trary, subject to the following condition: City may determine at the issuance of building permit(s) for any phase of the Project if Owner’s deposit of fees at the issuance of buil d- ing permit(s) is necessary in order for City to have adequate funds on hand to co nstruct 32 SB 414705 v6:007855.0001
any transportation improvement required to be constructed in ass ociation with such phase of the Project. If City determines that such early deposit of fees is nece ssary, then Owner shall deposit such fees at issuance of building permit(s) rather than at iss u- ance of certificate of occupancy.

In addition the City may charge processing fees for land use permit approvals, building permits, and other similar permits and entitlements as the same are in force and effect on a City-wide basis at the time application is submitted for such permits and entitlements. This section shall not operate to exempt the Project from the pa yment of uniform property taxes.

3.09.01 Payment of Traffic Fees; Mitigation of Traffic Impacts . As de- scribed above, the Project shall be required to pay traffic mitigation fees in the amount and manner set forth above. Traffic fees are assessed in order to fund the co nstruction of roadway and intersection improvements necessary to mitigate the potential impacts of the Project on the City’s roadway and intersection network, as further described in the Project EIR. The cost of such roadway and intersection improvements is set forth in Exhibit E2, attached hereto. Certain traffic fees that Owner shall pay to construct im- provements that are required to mitigate certain project-specific impacts shall be treated as a credit against the total traffic fees that Owner is required to pay to City pursuant to sec
tion 3.09 above. The parties agree that Owner shall be entitled to such credit in the manner specified below:
a. The following improvements to the Cit y’s roadway and intersection ne t- work are not contained within the City’s Goleta Transportation Improvement Program (hereinafter “GTIP”). Accordingly, Owner shall receive no credit against total project traffic fees for the cost of construction of the following improvements:
· Cabrillo Park Drive at Hollister Avenue
· Cabrillo Park Drive at Los Carneros Road
· Hollister Avenue frontage improvements and medians
· Los Carneros Road frontage improvements
b. The following improvement to the City’s roadway and intersection network is contained in the City’s GTIP.
· Los Carneros Road/US 101 southbound ramps
Owner’s financial responsibility for such improvement shall extend to that portion of the total improvement cost that is otherwise unfunded at the time Owner seeks building permits for the phase of the Project for which such improvement is required as mitig a- tion. Should Owner be required to construct the improvement so as to receive a certif i- cate of occupancy for such phase, Owner shall receive credit against total project traffic 33 SB 414705 v6:007855.0001
fees in the amount of the monies expended by Owner to complete construction of the improvement.
c. The following improvements to the City’s roadway and intersection ne t- work are not yet contained in the City’s GTIP, but are projecte d to be included in the GTIP when it is updated following execution of this Agreement. For these improv e- ments, Owner’s obligation for payment of traffic fees shall be to pay fees for its propor- tionate share of the City traffic that is attributed to these roadway segments and inte r- sections.(indicated in parentheses following the improvements). Should Owner con- struct these improvements pursuant to Section 3.09.02 hereof and thereby pay the cost of these improvements above the amount of that proportionate sha re pursuant to the Conditions of Approval and this Agreement , such payment shall be subject to rei m- bursement (with interest) from future development projects that contribute trips to these roadway segments and intersections, obtained through City’s require ment that such de- velopment projects execute an agreement to reimburse Owner. · Los Carneros Road: Hollister Avenue to Southern City limits (13.2%) · Los Carneros Road/Calle Koral (47.3%)
· Storke Road: Hollister Avenue to US 101 NB ramps (10.5%) d. The follow ing im provements to the County of Santa Barbara’s roadway and intersection network are contained in the County’s Capital Improvement Program, and will be constructed by the County of Santa Barbara. The improvements are locate d outside City’s jurisdiction. The proportionate share of such improvements for which Owner is responsible is indicated in parentheses following the improvement. · Los Carneros Road/El Colegio Road (1.5%)
· Los Carneros Road: City limit to El Colegio Road (1.3%) · Los Carneros Road/Mesa Road (2.0%)
As to such improvements, Owner’s obligation regarding mitigation of impacts at such locations shall be limited to payment of the required fees to City, which shall arrange with the County of Santa Barbara for application of said fees toward cons truction of the improvements. Construction of these improvements shall not be a precondition for i s- suance of building permits or certificates of occupancy for any phase of the Project. e. The Project’s impacts to the following elements of the City’s ro adway and intersection network are cumulative impacts only, which are mitigated in full by Owner’s payment of transportation development impact fees as listed in Exhibit E1. Construction of these improvements shall not be a precondition of the issuance of building permits or certificates of occupancy for any phase of the Project. · Storke Road/Hollister Avenue
· Los Carneros Road/Hollister Avenue
34 SB 414705 v6:007855.0001

3.09.02 Construction of Improvements; Reimbursement Agreements.

Pursuant to the conditions of approval and as provided in the EIR, the improvements set forth in section 3.09.01 (a) through (c), inclusive, hereof must be constructed prior to i s- suance of certificates of occupancy at each phase of the Project for which such i m- provements serve as a required mitigati on measure, as reflected in Exhibit D. All such improvements to the City’s roadway and intersection network shall be constructed by Owner. City will cooperate in Owner’s construction of such improvements by, without limitation, timely issuance of all req uired permits and consultation with Owner regarding appropriate construction cost containment measures. City represents that acquisition of additional right of way, either through negotiation or condemnation, is not required for construction of any of the improvements.

For those traffic improvements for which Owner shall be entitled to a reimburs e- ment of fees from future applicants based on Owner’s deposit with the City of the full cost of such improvements above Owner’s proportionate share thereof, City agrees that it will require such future applicants to enter into a reimbursement agreement requiring reimbursement of Owner for such applicants’ share of the cost of such improvements, with such cost being compounded at an annual rate of interest equal to the interest rate on the date of Owner’s deposit of funds with the City that is charged by the Federal Re- serve Bank of San Francisco, California, on advances to member banks under the Fe d- eral Reserve Act, plus one percent (1%).

Section 4
. Obligations of the Parties.

4.01 Obligations of Owner. Owner shall satisfy the following obligations in its deve l- opment of the Project:

4.01.01 Compliance with Conditions . Owner shall comply with the Project Approvals, including but not limited to the payment of any and all fees and the construc- tion of all on-site and off-site improvements required thereunder.

4.01.02 Compliance with Mitigation Monitoring Program . Pursuant to the requirements of the California Environmental Quality Act (CEQA), an Environmental Im- pact Report (EIR) was prepared for the Project and certified by the City. Mitigation measures were included in the EIR, and a corollary Mitigation Monitoring Program was adopted. All terms and provisions of the Project Mitigation Monitoring Program sha ll be adhered to by the Owner and are incorporated herein by this reference.

4.01.03 Provision of Extraordinary Ben efits to City
. Owner will provide the
following extraordinary benefits to City beyond those mitigation measures and cond i- tions otherwise permitted by applicable law:

4.01.03.01 Pedestrian Connection to Adjacent Property . Concur- rently with recordation of the final map, Owner will execute an irrevocable offer for a p e- riod of twenty- one (21) years to dedicate to City a public access easeme nt for solely 35 SB 414705 v6:007855.0001
pedestrian use across that portion of the Property generally depicted on the attached Exhibit F (Owner’s Offer”). City may not accept Owner’s Offer unless within the term of Owner’s Offer City receives and accepts a matching irrevocable offe r to dedicate a pub- lic access easement for solely pedestrian use to City from the owner of the property immediately west of the westerly terminus of the easement contained in Owner’s Offer (“Second Offer”). Said Second Offer shall match in width and impro vements those pro- vided by Owner’s Offer, and shall otherwise be sufficient to provide employees of the Project with pedestrian access to those properties located westerly of the Property and easterly of Storke Road. Owner shall make commercially reasonabl e efforts to encour- age the adjacent property owner to provide such Second Offer to City. Upon City’s a c- ceptance of Owner’s Offer, Owner shall construct those improvements required for p e- destrian ac
cess within the area encompassed by Owner’s Offer, consist ent with City’s specifications for other similar public access way. Final plans for said for said improv e- ments shall be submitted to and approved by City prior to issuance of the next land use permits issued for the Project subsequent to City’s acceptance of Owner’s Offer; co n- struction of the pedestrian access improvements shall be completed prior to issuance of occupancy permits therefor.

4.01.03.02 Undergrounding of Overhead Utilities.

Owner shall u n-
derground the existing aboveground utility lines loc ated along the westerly boundary of the Property at Owner’s sole cost and expense. A plan for such undergrounding shall be reviewed and approved by City prior to issuance of land use permits for any deve l- opment associated with Phase IV of development of t he Project, as reflected in Exhibit D hereto. Undergrounding shall be completed prior to issuance of a certificate of occ u- pancy for Phase IV improvements.

4.01.03.03 Lease/Dedication of Lot 12 to City. Upon termination of the current tenant’s leasehold interest, and in no event later than January 1, 2010, Owner will lease to City the improvements that are currently l ocated on proposed Lot 12 of the Property, consisting of an existing building of approximately four thousand (4,000) square feet (the “Bond Building”) and an associated area for outdoor storage. Owner shall make reasonable efforts to obtain early termination of the current tenant’s leas e- hold interest in Lot 12. If City desires occupancy sooner than such date, if any, as Owner is able to neg otiate, City at its option (1) may occupy on an interim basis 5,130 square feet in an existing building (the “Utility Building”) , located at 6725 Hollister Av e- nue, Suite 120 at the annual rental rate of $1 per annum (2) may pu rsue condemnation proceedings against Lot 12, which proceedings Owner agrees not to contest. City in- tends to use Lot 12 and its improvements as a warehouse and storage yard for City’s Community Services Department. The rental amount for such Lot 12 leasehold shall be $1.00 per annum. Owner shall also construct tenant improvements for the Bond Build- ing such that it is rendered suitable for City’s use as a Public Works warehouse, consi s- tent with plans prepared jointly by Owner and City. Owner shall provide City with a te n- ant improvement allowance of One Hundred Thousand Dollars ($100,000.00) to co n- struct such improvements, which shall include the cost of preparation of required co n- struction plans for such building, all at no cost to City . Any additional cost of constru c- tion above said allowance shall be at City’s sole cost and expense. Owner shall install 36 SB 414705 v6:007855.0001
such tenant improvements within four (4) months of term ination of the current tenant ’s leasehold interest . Within three (3) years of the date of ex ecution of this Agreement, Owner shall dedicate Lot 12 and all improvements located thereon to City in fee simple title. City shall be responsible for common area maintenance charges on the same b a- sis as other lessees and owners of real property in the Project, taking into account City’s status as a municipal corporation.

4.02 Obligations of City . City shall satisfy the following obligations in its r eview of the Project pursuant to this Agreement:

4.02.01 Processing and Approvals . Provided that Owner is not in default under this Agreem ent, upon submission by Owner of all completed applica tions for permits and approvals for the Project and payment of all appr opriate processing fees as provided in this Agreement, City shall commence and complete with reasonable dil i- gence all steps necessary to issue, and shall issue, all pe rmits or approvals required for development of the Project, as contemplated by the Project A pprovals and Applicable Law of the Project including but not limited to (a) the holding of all required public hea r- ings and pro vision of notice for such public hearings, and (b) the granting of the r e- quested permit or a pproval if the City determines that it complies with this Agreement and the Project Approvals. Such permits and approvals shall include, but not necessa r- ily be lim ited to, building permits (including building permits for tenant i mprovements), road encroachment permits, use and land use permits, site clearance or demolition pe r- mits, grading plans and permits, landscape plans, Design Review Board review, and certificates of occupancy (the "Subsequent Approvals").

City shall exercise reasonable diligence to expedite the processing of Owner's permit applications for the development of the Project. Owner, in a timely manner, will provide City with all documents, appl ications, plans or other information necessary for City to carry out its obligations hereunder and will cause the Owner's ar- chitects, planners, engineers and all other consultants to submit in a timely manner all required materials and documents therefor.

City shall not require Owner to obtain any further approvals or permits for the development of the Project during the term of the Agreement unless such pe rmits or approvals are required by the Applicable Law of the Pr oject. The City agrees that any conditions of approval or departmental cond itions imposed upon the issuance of such further approvals or permits shall not be in conflict with this Agreement or with the A p- plicable Law of the Project, as defined above.

4.02.02 Environmental Review . In approving this Develop ment Agreement and the Project, City has taken whatever actions are reasonably required by the California Environmental Quality Act. City agrees that in reviewing sub sequent land use applications by Owner that are in conformance with the Project, it will be performing a ministerial act for which no further environmental analysis will be required unless ot h- erwise required under applicable law.
37 SB 414705 v6:007855.0001

4.02.03 Building and Grading Permits . Upon application by Owner, City shall issue building permits to Owner consistent with the Development Plan. In a d- dition, upon application by Owner, City shall issue site clearance permits, rough and f i- nal grading permits, demolition permits, permits for installation of storm drains, util ities, offsite improvements, and similar improvements, and grading permits of any type r e- quired by Owner for grading or development opera tions of any type consistent with this Agreement. The above permits shall be issued in conformity with the applicable law of the Project and with Section 4.02.01 hereof.

4.02.04 Other Governmental Permits. Owner shall be responsible for applying, and shall apply from time to time, and for gaining other permits and a pprovals as may be required by other governmental or quasi -governmental agencies having j u- risdiction over the Project, at Owner's sole cost, in connection with the deve lopment of, or provision of services to, the Pr oject. Such permits include, but are not limited to, such permits as may be required by Owner shall als o be respons ible for coordinating with all non-City providers of utilities to ensure the proper installation and construction of said utilities.

4.02.05 Withholding of Permits. Except as provided herein, permits or approvals for the development of the Project shall not be withheld unless allowing such development to proceed prior to completion of construction would (i) violate a court o r- der, (ii) violate an order of a governmental agency with jurisdiction over City, or (iii) pose a threat dangerous to public health and safety as reasonably determined by City.

4.02.06 Owner’s Possible Development of Resta urant on Lot 2.

While the Pr oject Approvals include development of an approximately fifteen thousand (15,000 sf) square foot research & development /office building on Lot 2 of the Te ntative Tract Map, Owner reserves the right during the term of this Agreement to file and pro c- ess with City an application for all required permits and approvals to construct a resta u- rant of approximately seven thousand fiv e hundred (7,500 sf) square feet on said Lot 2 instead of pursuing a fifteen thousand square foot research & development/office build- ing. City’s review and action of said application shall be governed by the Applicable Law of the Project. City shall dili gently expedite processing of such application and oth- erwise comply with its oblig ations pursuant to section 4.02.01 hereof. City agrees that the EIR has provided appropriate environmental review for the restaurant use, and that, absent unusual circumstan ces, implementation of the restaurant use would be el igible for a substantial conformity determination.

Section 5. Implementation of this Agreement.

5.01 Effective Date. This Agreement shall be approved by City Ordinance pu rsuant to Government Code sec tion 65867.5, and shall be deemed in full force and e ffect on the Effective Date.

5.02 Term. The term of this Agreement shall commence upon the Effective Date and shall extend until the twentieth (20 th) anniversary of the Effe ctive Date. The running of 38 SB 414705 v6:007855.0001
this Term shall be automatically stayed for the period of time du ring which the parties apply to a court of competent jurisdiction for relief or further proceedings pursuant to this Agreement, provided that the issue that is the subject of the requested re lief or further proceedings is one of substantial materiality to the Development Agreement as a whole.

The parties further agree to consult regarding possible tolling of the Term should delay in permit processing or review by a public agency with jurisdi ction over the Project or its improvements pose a substantial impediment to Owner's ability to complete constru c- tion of the Project within the Term.

Section 6. Amendment of Agreement and Discretionary Permits.

6.01 Amendment of Agreement . This Agreement and the underlying discretionary permits (hereinafter “Agreement”) may be amended from time to time by mutual consent of the parties or their successors in interest, in accordance with California Government Code section 65868, with City costs being paid by Owner. Amendments to this Agre e- ment and any exhibits thereto shall be governed by the Applicable Law of the Project.

6.02 Minor Amendments. Any amendment to this Agreement which does not relate to the term of this Agreement, the payment of fees, or the permitted uses set forth in the Development Plan may be processed and approved by City as a "Minor Amen dment." Examples of Minor Amend ments include, without limitation, substitution of comparable landscaping for any landscaping shown on any d evelopment plan or any landscape plan, variations in the location or installation of utilities and other infrastructure conne c- tions and changes which do not substantially alter the d esign of the Project considered as a whole.

Upon the written request of Owner for a Minor Amendment, the Director of the Planning and Environmental Services Department for the City (the “Director”) shall de- termine whether the requested amendment is a Minor Amendment and whether it is consistent with the A pplicable Law of the Project. T he determination whether such amendment is a Minor Amendment shall refer to whether the change in this Agreement is minor and not material in the context of the overall Project, is in substantial conformity with the Project Approvals, is consistent with th e findings adopted by the City in appro v- ing the Project, and does not have the potential to create greater environmental impacts than those identified in the EIR. If the Director finds that the proposed amend ment is a Minor Amendment and consistent with the Applicable Law of the Project, he/she may approve said Minor Amendment without notice and public hearing. If he/she deter mines that the proposed amendment is not a Minor Amendment or is inconsistent with the A p- plicable Law of the Project, he/she shal l forward the proposed amendment to the Pla n- ning Commission, along with his/her recommendation for action thereon. The Pla nning Commission shall approve or deny the proposed amendment in conformity with the a p- plicable law of the Project.

Decisions of th e Director and/or Planning Commi s
sion shall be subject to the
procedures for appeal set forth in Goleta Municipal Code Inland Zoning Ordinance, Arti- cle III, Chapter 35-327.
39 SB 414705 v6:007855.0001
Section 7. Annual Review, Default, and Remedies; Legal Actions; Termination Upon Completion of Development.

7.01 Default; General Provisions . No party shall be in default of this Agreement unless it has failed to perform under this Agreement for a period of thirty (30) days a fter written notice from the other party of an event of defa ult. The notice of an event of d e- fault shall specify the nature of the alleged default and the manner in which said d efault may be satisfactorily cured. If the nature of the alleged default is such that it ca nnot reasonably be cured within such 30 -day period, the commencement of the cure within such time period and the diligent and continuous prosecution to completion of the cure as soon as is reasonably possible shall be deemed a cure within such period.

7.01.01 Default of Owner . Owner shall be in de fault under this Agreement upon a finding and determination by the City Council of the City that, upon the basis of substantial evidence, Owner has not complied with any one or more of the material terms and conditions of this Agreement. Neither City nor Owner shall bear any oblig a- tion to the other under this Agreement should Owner fail to commence constru c tion of
the Project within the Term of this Agreement.

7.01.02 Default of City . The City shall be in default under this Agre ement if it fails to comply with any material term or condition of this Agreement applic able to City.

In the event of default by City, Owner, at its sole discretion and wit hout obligation to do so, may apply for and process permits and seek development a pproval under the City’s Land Use Planning process then in effect as applicable to the Property. The enactment of any ordinances, rules, regulations and official policies other than the Ap plicable Law of the Project shall in no manner restrict the specific enforceability of this Agreement.

7.01.03 Remedies Upon Default. Except as provided herein, upon the d efault by any party under this Agreement, the party not in default shall have all rights and remedies provided by law, including but not limited to the right to terminate th is Agree- ment pursuant to California Government Code Section 65865.1, the right to seek sp e- cific performance, or other injunctive or declaratory relief, and the right to seek writs of mandate compelling pe rformance with the terms of this Agreement or requir ing other action consistent with this Agreement.

7.02 Annual Review . Each year during the term of this Agreement beginning in 2008, the City shall review the compliance by Owner with the terms of this Agree ment.

This review shall be conducted by the C ity Council, with such advisory review by the Planning Commission and/or Design Review Board as the City Council may deem a p- propriate, and shall be limited to compliance with the terms of this Agreement pursuant to California Gov
ernment Code section 65865.1.

During this review, Owner shall be required to demonstrate compliance with the terms of this Agreement. At the conclusion of this review, the City Council shall make written findings and determinations, on the basis of substantial evidence, whethe r or not 40 SB 414705 v6:007855.0001
Owner or its successor in interest has complied with the terms and co nditions of this Agreement. If the City Council finds and determines that Owner has not complied with such terms and conditions, then the City may deliver to Owner a 30 -day notice of an event of default pursuant to Section 7.01 above. The City may exercise its rights and remedies relating to any such event of default only after the period for curing a d efault as set forth in Section 7.01 has expired without cure of the default. The costs incurred by City in connection with the annual review process shall be borne by Owner. Within ten (10) days of the date of any invoice for such costs, Owner may file with City a wri t- ten request that the City Council review the costs to determin e if they were ne c essary
and appropriate.

The City shall make available to Owner a copy of any public staff report and documents to be used or relied upon in conducting the review and, to the extent pract i- cal, related exhibits concerning Owner's performa nce hereunder, at least four (4) days prior to any such periodic review. Owner shall be permitted an opportunity to r espond to the City's evaluation of its performance, e ither orally at a public hearing and/or in a written statement, at Owner's election. Such response shall be made to the City Cou n- cil or its designee to address Owner's compliance with this Agreement.

In the event City fails to either (1) conduct the annual review or (2) notify Owner (following the time during which the review is to be conducted) of the City's determin a- tion as to compliance or non -compliance with the terms of this Agreement, and such failure remains uncured as of December 31 of any year during the term of this Agree - ment, such failure shall be deemed an approval by City of Owner's compliance with the terms of this Agreement for the applicable year.

7.03. Impossibility of Performance . Nonperformance by Owner or City hereunder shall not be deemed to be a default if such nonperform ance is attributable to events be- yond the reasonable control of Owner or City, such as acts of God, war, strikes, r iots, floods, earthquakes, fires, casualties, acts of public enemy, other similar causes, the failure of any non -City governmental entity of competent jurisdic tion (i.e., special di s- tricts) to issue permits required for the development of the Project or a commitment to serve the Pr oject after all requirements for such issuance or commitment are met, the rescission or suspension of a commitment which has already been made to serve the Project by a public entity, litigation or administrative appeals to a governmental e ntity to set aside approval of the Project or this Agreement or any co mponent thereof, or the issuance of a court order preventing d evelopment of the Project. If performa nce has been delayed by any such cause, this Agreement may be extended for the period of the delay, as mutually agreed by Owner and City in writing, with such period commenc ing to
run from the time of the commencement of the cause. Times of performance u nder this Agreement may also be extended in writing by Owner and City pursuant to mutual agreement.

7.04 Cooperation in the Event of Legal Challenge; City’s Indemnification . If any legal or equitable action or other proceeding (hereafter “actions”) is brought by any per- son, private entity , governmental entity or official challenging the validity of any prov i- 41 SB 414705 v6:007855.0001
sion of this Agreement, the Project Approvals, or the EIR, the parties shall cooperate in defending such action or proceeding. Owner agrees to hold harmless the City from any such actions and shall defend and indemnify the City for all attorneys fees, litigation costs, settlement payments and judgments ari sing from or in any way related to such actions. Owner shall pay for the defense of the City, as t he costs of defense are i n- curred, with counsel selected by the City, which counsel shall be subject to approval by Owner, such approval being not unreasonably withheld. If this Agreement is adjudicated or determined to be invalid or unenforceable, in whole or in part, City and Owner agree to seek a declaration from the Court as to the extent to which the Agreement is still valid and enforceable . After obtaining such declaration and after consultation with Owner , City agrees, to the extent permitted by law, to consider appropriate modifications to the Agreement, the intent of the parties being to accomplish the objectives of this Agre e- ment, including development of the Property as conditioned by the City. If this Agre e- ment is adjudicated or determined to be unenforceable or invalid, in whole or in part , Owner shall r eimburse City for all fees and/or costs assessed against the City by the Court.

7.05 Applicable Law
. Owner acknowledges and agrees that City has approved and entered into this Agreement in th e sole exercise of its legislative discretion and that the standard of review of the validity and meaning of this Agreement shall be that a ccorded legislative acts of City.

7.06 Termination Upon Completion of Development of Project . This Agreement
shall terminate when the Property has been fully developed consistent with this Agre e- ment and when all of Owner's obligations in connection with the Project are sa tisfied, as determined by City. For purposes hereof, all obligations of Owner her eunder shall be deemed satisfied upon final inspection and issuance of certificates of occ upancy for structures contemplated by the Project Approvals, subject to compliance with the Condi- tions of Approval imposed in connection with the Project Approvals and Subsequent Approvals. In such event, City may record a N otice of Termination of this Agreement.

Termination of this Agreement as to the Owner or the Property or any portion thereof shall not affect any requirements to comply with the terms and conditions of the appl i- cable z oning, the Project Approvals, approval and acceptance of infrastructure i m- provements, any applicable permit(s), or any other land use entitl ements approved with respect to the Property, nor shall it affect any other covenants of Owner specified in this Agreement to continue after the termination of this Agreement.

Section 8. General and Miscellaneous Provisions
.

8.01 Covenants Running with the Land . All of the provisions, agreements, rights, powers, standards, terms, covenants and obligations contained i n this Agreement sh all be binding upon the parties and their respective heirs, successors (by merger, consol i- dation, or otherwise) and assigns, devisees, administrators, representatives, le ssees, and all other persons or entities acquiring the Property, an y lot, parcel or any portion thereof, or any interest therein, whether by sale, operation of law or in any manner whatsoever, and shall inure to the benefit of the parties and their respective heirs, su c- 42 SB 414705 v6:007855.0001
cessors (by merger, consolidation or otherwise) and a ssigns. All of the pr ovisions of this Agreement shall be enforceable during the Term hereof as equitable servitudes and shall constitute covenants running with the land pursuant to applicable law, including but not limited to Section 1468 of the Civil Code of the State of California. Each covenant to do or refrain from doing some act on the Property hereunder, or with respect to any City-owned property or property interest: (i) is for the benefit of such properties and is a burden upon such property, (ii) runs with such properties, and (iii) is binding upon each party and each successive owner during its ownership of such properties or any portion thereof, and each person or entity having any interest therein derived in any manner through any owner of such properties, or any portion thereof, and shall benefit each party and its property hereunder, and each other person or entity succeeding to an i n- terest in such properties.

8.02 Mortgagee Rights and Protections
.

8.02.01 Notification of Mortgagee . City shall notify any Mortgagee who has sent City a written request for such notice of any event of default by Owner under this Agreement and provide to any such Mortgagee the same opportunity to cure such event of default as is provided to Owner under this Ag reement. Failure to so notify any Mor t- gagee shall not give rise to any liability on the part of City, provided that this Agre ement shall not be terminated by City as to any Mortgagee to which either of the follo wing is true:
(a) the Mortgagee cures any default by Owner involving the payment of money within sixty (60) days after the notice of default; (b) as to defaults requiring title or possession of the Property or any portion thereof to effectuate a cure: (i) the Mortgagee agrees in writing, within ninety (90) days after the written notice of default, to perform the propo r- tionate share of Owner's obligations under this Agreement allocable to that part of the Property in which the Mortgagee has an interest conditioned upon such Mortgagee's acquisitio n of the Property or portion thereof by foreclosure (including a trustee sale) or by a deed in lieu of foreclosure; (ii) the Mortgagee commences foreclosure proceedings to reacquire title to the Property or applicable portion thereof within said ninety (90 ) days and thereafter diligently pursues such foreclosure to completion; and (iii) the Mortgagee promptly and diligently cures such default after obtaining title or possession. Subject to the foregoing, in the event any Mortgagee r e- cords a notice of default as to its mortgage or deed of trust, City shall co n- sent to the assignment of all of Owner's rights and obligations under this Agreement to the Mortgagee or to any purchaser of the Owner's interest at a foreclosure or trustee sale and Owner shall remain liable for such obliga- tions unless released by City or unless the applicable portion of the Pro p- erty is transferred in accordance with Section 8.03.
43 SB 414705 v6:007855.0001

8.02.02 Encumbrances on the Subject Property . This Agreement shall be superior and senior to the lien o f any mortgage on the Property, and shall be senior to any construction financing recorded against the Property. Owner shall provide City with subordination agreements as required evidencing the priority of this Agreement over all other encumbrances. Notwithstanding the foregoing, no breach of this Agre ement shall defeat, render invalid, diminish or impair the lien of any mortgage made in good faith and for value, and any acquisition or acceptance of title or any right or inte rest in or with respect to the Property or any portion thereof by a mortgagee (whether pursuant to foreclosure, trustee's sale, deed in lieu of foreclosure, lease te rmination or otherwise) shall be subject to all of the terms and conditions of this Agreement.

8.03 Assignments and Transfers of Ownership
.

8.03.01 Right to Assign. Owner shall have the right to assign (by sale, tran s- fer, or otherwise) its rights, duties and obligations under this Agreement as to any po r- tion of the Property subject to the provisions contained in this S ection 8.03, provided, however, this Agreement and any portion thereof shall not be assigned except in co n- nection with Owner's transfer of fee title in the Property or portion thereof for which a s- signment is sought, nor shall any of Owner's rights, duties or obligations be assigne d without the written consent of City as provided in Section 8.03.02. Any attempt to a s- sign or delegate this Agreement without the wri tten consent of City shall be void and of no force and effect. A consent by City to one assignm ent shall not be deemed to be a consent to any subsequent assignment. Owner shall reimburse City for all costs i n- curred by City in reviewing the proposed assignment pursuant to Section 8.03.02.

8.03.02 Consent to Assignment. Owner's rights, duties and obligations under this Agreement shall not be assigned without the written consent of City , which consent shall not be unreasonably withheld . In determining whether to grant consent to the a s- signment, City shall consider the experience, capability, compet ence, and financial abil- ity of the Assignee to carry out development of the Property in accordance with the terms of this Agreement. Any proposal by Owner to assign pursuant to Section 8.03.01 hereof shall be made in strict compliance with conditions precedent (i) - (iv) below. Sub- ject to the foregoing provisions regarding the City’s right to consent to assignment, City shall provide Owner with written consent to assignment upon Owner's compliance with conditions precedent (i) - (iv):
(i) Owner (or Assign or) is not in default under this Agreement at the time of the assignment with respect to the assigned portion, (ii) Owner has provided to City written request for consent to assig n- ment,
(iii) Owner and the party to whom the rights are assigned (Assignee) have signed an Assignment and Assumption Agreement in a form and content acceptable to City,
(iv) The Assignee has signed all required agreements, and posted r e- quired bonds and insurance, to complete all required subdivision 44 SB 414705 v6:007855.0001
improvements and other improvements require d by the Project A p- provals and this Agreement.

A default by any Assignee shall only apply to that portion of the Property owned by such Assignee and shall not cancel or diminish in any way Owner's rights hereunder with r e- spect to any portion of the Prope rty not owned by such Assignee, except to the extent such default affects the portion of the Property owned by Owner. The Assignee shall be responsible for the reporting and annual review requirements rela ting to the portion of the Property owned by such Assignee, and any amendment to this Agre ement between City and Assignee shall only affect the portion of the Property owned by such Assignee.

8.03.03 Release of Transferring Owner . As of the effective date of the A s- signment, City shall provide the Trans ferring Owner with a release in writing of Owner’s obligations under this Agreement arising subsequent to the effective date of the A s- signment with respect to the Property or such portion thereof which is subject to the A s- signment.

8.04 Insurance. Concurrently with the execution of this Agreement by Owner, and prior to the commencement of any work, Owner shall furnish evidence to City that all of the following insurance requirements have been satisfied. (a) General. Owner shall, throughout the duration of this Agreement, mai n- tain, or cause to be maintained, insurance to cover Owner, its agents, representatives, contrac
tors, subcontractors, and its employees in connection with the Property, Project and this Agreement at the minimum levels set forth here in, in furtherance of the inde m- nification heretofore provided the City, with the City being an additional insured on all such coverage.
(b) Commercial General Liability . Commercial General Liability insu rance with coverage in an amount not less than $ 2,000,000.00 general aggregate, $2,000,000.00 per occurrence and $2,000,000.00 products/completed operations. (c) Business Auto Coverage. Business Automobile Liability insurance with coverage in an amount not less than $1,000,000.00 per acc ident for bod ily injury and property damage, covering all vehicles associated with the Owner(personal, company) and its contractors, employees, etc on or within the Pr oject or Property or associated therewith.
(d) Excess or Umbrella Liability Insurance (Over Primary Coverage).

Such excess coverage shall be at least as broad as the underlying coverage, be pr o- vided on a “pay on behalf” basis, with defense costs in addition to policy limits. The e x- cess coverage shall be no less that $5,000,000 per occurrence/annual aggregate. (e) Workers' Compensation
. Coverage shall be maintained as required by
the State of California.
45 SB 414705 v6:007855.0001

8.05 Severability. If any provision of this Agreement or the application of any prov i- sion of this Agreement to a particular situation is held by a co urt of competent jurisdi c- tion to be invalid or unenforceable, then to the extent that the invalidity or unenforceabi l- ity does not impair the application of this Agreement as intended by the parties, the r e- maining pro visions of this Agreement, or the appli cation of this Agreement to other situations, shall continue in full force and effect.

8.06 Relationship of Agreement and Project Approvals . This Agreement and the Project Approvals were approved by City as a single interdependent group of appro vals for development of the Property, each of which depends on the others for its effectiv e- ness. In the event that Owner challenges this Agreement, the Project Approvals, or any potion thereof, in an action filed in a court of law, which action is brought within the time period provided for by law, this Agreement and the Project Approvals shall be su s- pended pending dismissal of such action, the expiration of the limitation period applic a- ble to such action, or final resolution of such action. If any portion of thi s Agreement or the Project Approvals is invalidated by a court of law in a manner which impairs the a p- plication of this Agreement as intended by the parties, the entire Agreement and all Pr o- ject Approvals shall be reviewed by City for reconsideration of sa id Agreement and Pro- ject Approvals.

8.07 Further Actions. Each party shall promptly take such further actions and ex e- cute and deliver to the other all such other further instruments and documents as may be reasonably necessary to carry out this Agreemen t in order to provide and secure to the other party the full and complete enjoyment of its rights and privileges hereunder.

8.08 Operating Memoranda. The provisions of this Agreement require a close d e- gree of cooperation between City and Owner, and the r efinements and further develop- ment of the Project may demonstrate that clarifications are appropriate with respect to the details of performance of City and Owner. If and when, from time to time, during the term of this Agreement City and Owner agree that such clarifications are nece ssary or appropriate, they shall effectuate such clarifications through operating memoranda a p- proved by City (acting through its City Manager) and Owner. City, in its sole discretion, shall determine whether a requested clarif ication may be effectuated pu rsuant to this Section or whether the clarification is of such a character as to constitute an amen d- ment hereof pursuant to Section 6 above. Each such operating memorandum shall b e- come an attachment to this Agreement.

8.09 Construction. This Agreement has been reviewed and revised by legal cou nsel for both Owner and City, and no presumption or rule that ambiguities shall be co nstrued against the drafting party shall apply to the interpretation or enforcement of this Agre e- ment, which shall be interpreted and enforced according to the plain meaning thereof.

8.10 Notices. All notices, approvals, acceptances, demands and other communic a- tions required or permitted under this Agreement shall be in writing and shall be deli v- ered in person or by U.S. mails (postage prepaid, certified, return receipt r equested) or 46 SB 414705 v6:007855.0001
by Federal Express or other similar overnight delivery service to the party to whom the notice is directed at the address of such party as follows:

To the City, to:

Director, Planning & Environmental Services
City of Goleta
130 Cremona Drive, Suite B
PO Box 250
Goleta, CA 93117
With a copy to:

City Attorney
City of Goleta
130 Cremona Drive, Suite B
PO Box 250
Goleta, CA 93117
To Owner, to:

Russell A. Goodman
Santa Barbara Realty Holding Company, LLC
c/o Sares-Regis Group
Mr. Russ Goodman
500 Esplanade Drive, Suite 470
Oxnard, CA 93036
With a copy to:

Peter N. Brown, Esq.

Hatch & Parent
21 East Carrillo Street
Santa Barbara, CA 93101
Any written communication given by mail shall be deemed delivered two (2) business days after such mailing date; any written communication given by overnight delivery service shall be deemed delivered one (1) business day after the dispatch date; any delivery in person shall be deemed delivered when delivered to the party to whom it is addressed. Either party may change its address by giving the other party written n o- tice of its new address as provided above.

8.11 Estoppel Certificate
. Either party may, at any time and from time to time, d e- liver written notice to the other party requesting such party to certify in writing that, to the knowledge of the certifying party: (i) this Agreement is in full force and effect and a bind- ing obligation of the Parties, (ii) this Agreement has not been amended or modified e i- 47 SB 414705 v6:007855.0001
ther orally or in writing or, if so amended, identifying the amendments, and (iii) the r e- questing party is not known to be in default of the performance of its obli gations under this Agreement, or if in default, describing therein the nature and amount of any such defaults. A party receiving a request hereunder shall execute and return such certificate within fifteen (15) days following the receipt thereof, unless C ity, in order to determine the appropriateness of the certificate, shall promptly commence and proceed to co n- clude a review pursuant to the provisions of Section 7.02 hereof. The City Manager shall be authorized to execute for City; Owner’s Managing Partner shall be authorized to execute for Owner.

If a party fails to deliver a certificate within the fifteen (15) day period, the party requesting the certificate may deliver a second notice (Second Notice) to the other party stating that the failure to deliver the certificate within ten (10) working days fo llowing the receipt of the Second Notice shall constitute conclusive evidence that this Agreement is in full force and effect without modification and there are no unexcused defaults in the performance of the requesting party. Failure to deliver the requested certificate within the ten (10) working day period shall then constitute conclusive ev idence upon the party which fails to deliver such certificate that this Agreement is in full force and effect wit h- out modification and there are no unexcused defaults in the performance of the request- ing party.

8.12 Owner's Interest
. Owner represents that the Property is owned by Owner or that Owner has control of the Property described in Exhibit A.

8.13 No Third Party Beneficiary
. This Agreement is made and entered into for the
sole protection and benefit of the parties hereto. No other party shall have any right of action based upon any provisions of this Agreement.

8.14 Relationship of Parties. It is understood that Owner is not an agent of the City and City is not an agent of Owner. It is specifically understood and agreed by and b e- tween the Parties hereto that the development of the Property is a separately unde r- taken private development. No partnershi p, joint venture, or other associ ation of any kind between Owner and City is formed by this Agreement. The only relationship b e- tween City and Owner is that of a governmental entity regulating the development of private property with Owner as Owner of such private property.

8.15 Waiver. No waiver of any provision of this Agreement shall be effective unless made in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. No waiver of any right or remedy in respect to any occurrence or event shall be deemed a waiver of any right or remedy in respect to any other occurrence or event.

8.16 Applicable Law
. The laws of the State of California shall govern the interpret a- tion and enforcement of this Ag reement, with venue for any legal action lying in a court of competent jurisdiction in the County of Santa Barbara, State of California. 48 SB 414705 v6:007855.0001

8.17 Time of Essence. Time is of the essence for this Agreement.

8.18 Recordation. The Agreement shall be recorded, at Owner's sole cost and ex - pense, upon execution by the parties.

8.19 Entire Agreement and Amendment . This Agreement, together with all doc u- ments and exhibits referred to herein, contains all of the agreements of the parties with respect to the matters contained herein, and no other prior agreement or understan ding pertaining to any such matter shall be effective for any purpose. No provision of this Agreement may be amended except by an agreement in writing signed by the pa rties hereto or their respective successors in interest.

8.20 Counterparts and Exhibits
. This Agreement is executed in four (4) duplicate
counterparts, each of which is deemed to be an original. This Agreement consists of pages, including notary acknowledgment for ms, and, in addition, five (5)exhibits which constitute the entire understanding and agreement of the parties to this Agreement.

The following exhibits are attached to this Agreement and incorp orated herein for all purposes:

Exhibit A: Legal Description of the Property
Exhibit B: List of Exhibits: Project Approvals
Exhibit C: Conditions of Approval
Exhibit D: Phasing Program for Project
Exhibit E1: Fees Applicable to Project
Exhibit E2: Cost of Roadway and Intersection Improvements Applicable to the Project
Exhibit F: Irrevocable Offer to Dedicate Access Easement

8.21 Signatures
. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to ex ecute this Agreement on behalf of the respective legal entities of Owner and City. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
[Signatures Commence on Next Page]
49 SB 414705 v6:007855.0001
IN WITNESS WHEREOF, Owner and City have executed this Agreement as of the date first hereinabove written.

OWNER

SANTA BARBARA REALTY HOLDING
COMPANY, LLC a Delaware limited li-
ability company
By: SRG Santa Barbara, LLC
a Delaware limited liability company
Its: Managing Member
_________________________________
By: Russell A. Goodman
Its: Authorized Member
CITY
CITY OF GOLETA, a municipal corpo-
ration
_________________________________
By: ______________________________
Its: ______________________________

APPROVED AS TO FORM
_________________________________
By: Peter N. Brown
Attorney for Owner

APPROVED AS TO FORM
_________________________________
By: Julie Hayward Biggs
City Attorney
50 SB 414705 v6:007855.0001

ACKNOWLEDGMENT

STATE OF CALIFORNIA )
) ss.

COUNTY OF SANTA BARBARA )
On , before me, __________________________________
Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) personally appeared _____________________________________ personally known to me or proved to me on the basi s of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the e n- tity upon behalf of which the person acted, executed the instrument.

WITNESS my hand and official seal. [Seal]
________________________________
Signature of Notary Public
51 SB 414705 v6:007855.0001

EXHIBIT A

LEGAL DESCRIPTION OF PROPERTY
52 SB 414705 v6:007855.0001

EXHIBIT B

LIST OF EXHIBITS REFLECTING PROJECT APPROVALS
53 SB 414705 v6:007855.0001

EXHIBIT C

CONDITIONS OF APPROVAL
54 SB 414705 v6:007855.0001

EXHIBIT D

PHASING PROGRAM FOR PROJECT
55 SB 414705 v6:007855.0001
EXHIBIT E1

FEES APPLICABLE TO PROJECT
56 SB 414705 v6:007855.0001
EXHIBIT E2

COST OF ROADWAY AND INTERSECTION IMPROVEMENTS

APPLICABLE TO THE PROJECT
57 SB 414705 v6:007855.0001

EXHIBIT F

IRREVOCABLE OFFER TO DEDICATE ACCESS EASEMENT
58 SB 425974 v1:007855.0001

LEGAL DESCRIPTION
EXHIBIT “A”
Those portions of Rancho Los Dos Pueblos, in the City of Goleta, County of Santa Barbara, State of California, described as follows:

PARCEL ONE:

Beginning at a 2” iron pipe with brass cap marked “F.F.F.”, said point of beginning being distant N. 89°44’05” W., 548.97 feet from the Northwest corner of the tract of land shown on a survey recorded in Book 69, Page 18 of Record of Surveys, records of said County.

Thence, N.00° 18’08” E., a distance of 2093.66 feet to the Southe rly line of Hollister Avenue;
Thence, along the Southerly line of Hollister Avenue the following courses and distances, N.88°53’17”, E., a distance of 1833.21 feet to the beginning of a 2350.00 radius curve concave Northerly and tangent to the last described course; Thence, Easterly along the arc of said curve, through a central angle of 5° 51’16”, a distance of 240.12 feet to an intersection with the Westerly boundary of Los Carneros Road described as Parcel One in the gift deed to the County of Santa Ba rbara recorded May 16, 1963 as Instrument No. 21342 in Book 1992, Page 783 of Official Records of said County; said point of intersection being in the arc of a 40.00 foot radius curve concave Southwesterly and whose radial center bears S.06° 57’59” E.; Thence, along said Westerly boundary of Los Carneros Road the following courses and distances; Southeasterly and Southerly along the arc of said 40.00 foot radius curve, through a central angle of 103° 45’ 15”, a distance of 72.43 feet; Thence tangent to sa id last described curve, S.06° 47’16” W., 29.88 feet to the beginning of a 2042.00 foot radius curve concave Easterly and tangent to the last described course;
Thence Southerly along the arc of said curve, through a central angle of 06°30’13”, a distance of 231.79 feet;
Thence tangent to said last described curve, S.00° 17’03” W., a distance of 1850.54 feet to the intersection of the Northerly line of said first mentioned tract of land; Thence leaving said Westerly boundary of Los Carneros Road, along th e Northerly boundary of said first mentioned tract of land N. 89°44’05” W., a distance of 2100.94 feet to the point of beginning.
59 SB 425974 v1:007855.0001
EXCEPTING therefrom that portion conveyed to the United States Postal Service in document recorded June 1, 1995 as Instrument No. 95 -29541 of Official Records described as follows:

Beginning at the Southwest corner of “parcel One” as described in the deed to Delco Electronics Corporation, recorded February 7, 1986 as Instrument No. 86 -7173 of Official Records, said point being a 2 inch iron pipe with brass cap marked “F.F.F.”; Thence along the Westerly line of said Delco Electronics parcel North 0 degrees 18 minutes 11 seconds East 718.15 feet to a 1/2 inch iron pipe and tag marked “L.S. 3840/L.S. 6419”;
Thence leaving said We sterly line South 89 degrees 44 minutes 05 seconds East 606.56 feet to a 1/2 inch iron pipe and tag marked “L.S. 3804/L.S. 6419”; Thence parallel with said Westerly line South 0 degrees 18 minutes 11 seconds West 718.15 feet to a 1/2 inch iron pipe and ta g marked “L.S. 3804/L.S. 6419” set on the Southerly line of said Delco Electronics parcel;
Thence along said Southerly line of said Delco Electronics parcel North 89 degrees 44 minutes 05 seconds West 606.56 feet to the point of beginning.

PARCEL TWO:

Beginning at a point in the Easterly boundary of Los Carneros Road, distant N. 00° 17’ 03” E., 285.31 feet Northerly along the Easterly boundary of Los Carneros Road from the Northerly line of that tract of land shown on a survey record in Book 69, Page 18 of Record of Surveys, records of said County:

Thence, N. 00° 17’ 03” E. along the Easterly boundary of Los Carneros Road a distance of 50.00 feet;
Thence leaving said Easterly boundary of Los Carneros, S. 89° 42’ 57” E. a distance of

87.84 feet;
Thence, S. 00° 06’ 03” W., a distance of 50.00 feet;
Thence, N. 89° 42’ 57” W., a distance of 88.00 feet to the point of beginning.

PARCEL THREE:
(1) The right to install and maintain adequate drainage facilities under and across the real property described in deed to the County of Santa Barbara recorded May 16, 1963 as Instrument No. 21342 in Book 1992, Page 783 of Official Records at the normal tributary points to accommodate a twenty-five year record storm run-off. 60 SB 425974 v1:007855.0001
(2) The right to construct, lay, maintain and remove from time to time, pipe lines, transmission lines and conduits under the property described in said deed to the County of Santa Barbara within a strip of land ten (10) feet in width, parallel with, adjacent to and Southerly of the Northerly line of Parcel Two described in said deed to the County of Santa Barbara and extending Westerly to intersect with Westerly line of Parcel One, described in said deed to the County of Santa Barbara.
(3) The right of access to the property described in said dee d to the County of Santa Barbara from abutting property as reserved by General Motors Corporation in said deed to the County of Santa Barbara recorded May 16, 1963 as Instrument No. 21342 in Book 1992, Page 783 of Official Records.

APN: 73-450-05
61 62
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EXHIBIT C

CONDITIONS OF APPROVAL

CABRILLO BUSINESS PARK PROJECT
VESTING TENTATIVE MAP 32,002,

FINAL DEVELOPMENT PLAN, AND ROAD NAMING
(37-SB-TM, 37-SB-DP, 37-SB-RN)

1. AUTHORIZATION: This Vesting Tentative M ap, Final Development Plan, Road Naming and the conditions set fo rth below authorize development proposed in Case Nos. 37-SB-TM , 37-SB-DP, and 37-SB-RN marked “Officially Accepted, Ap ril 30, 2007, City Council Exhibits 1-4”. Any deviations from the exhibi ts, project description, or conditions must be submitted to the City of Goleta for it s review and approval. Deviations without the above-described a pproval will constitute a violation of the permit approval. The exhibits associated with this permit include:

1. 37-SB-RZ: Rezone to M-RP and M-S-GOL (City-initiated) • Proposed Zoning (Architectural Sheet 2, dated April 12, 2007)

2. 37-SB-OA Ordinance Ame ndment/ Development Agreement • Development Agreement by and Between: City of Goleta and Santa Barbara Realty Holding Company, LLC (dated April 30, 2007)

3. 37-SB-TM: Vesting Tentati ve Tract Map (Alternative 7) • Vesting Tentative Tract Map No. 37-SB-TM (Alternative 7): Dated:
“Vesting Date: September 21, 2001 (County of Santa Barbara)” and “Revision Date (as a result of 37-SB-OA): April 12, 2007 (City of Goleta)”
37-SB-RN Road Naming Application for Cabrillo Park Drive

• Circulation Plan (Architectural Sheet 4, dated April 12, 2007)

4. 37-SB-DP: Development Plan (Alternative 7)
• Development Plan (Architectural Sheet 1, dated April 12, 2007) • Parcel Plan (Architectural Sheet 3, dated April 12, 2007) • Circulation Plan (Architectural Sheet 4, dated April 12, 2007) • Site Sections (Architectural Sheet 5, dated April 12, 2007) • Building #1 Floor Plans (Archite ctural Sheet 6, dated April 12, 2007)
• Building #1 Elevations (Architectural Sheet 7, dated April 12, 2007) • Building #2 Floor Plans (Archite ctural Sheet 8, dated April 12, 2007)
• Building #2 Elevations (Architectural Sheet 9, dated April 12, 2007) • Building #3 Floor Plans (Architectural Sheet 10, dated April 12, 2007)
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• Building #3 Elevations (Architectural Sheet 11, dated April 12, 2007)
• Building #4 Floor Plans (Architectural Sheet 12, dated April 12, 2007)
• Building #4 Elevations (Architectural Sheet 13, dated April 12, 2007)
• Building #5 Floor Plans (Architectural Sheet 14, dated April 12, 2007)
• Building #5 Elevations (Architectural Sheet 15, dated April 12, 2007)
• Building #6 Floor Plans (Architectural Sheet 16, dated April 12, 2007)
• Building #6 Elevations (Architectural Sheet 17, dated April 12, 2007)
• Building #7 Floor Plans (Architectural Sheet 18, dated April 12, 2007)
• Building #7 Elevations (Architectural Sheet 19, dated April 12, 2007)
• Building #8 Floor Plans (Architectural Sheet 20, dated April 12, 2007)
• Building #8 Elevations (Architectural Sheet 21, dated April 12, 2007)
• Building #9 Floor Plans (Architectural Sheet 22, dated April 12, 2007)
• Building #9 Elevations (Architectural Sheet 23, dated April 12, 2007)
• Building #10 Floor Plans (Architectural Sheet 24, dated April 12, 2007)
• Building #10 Elevations (Archite ctural Sheet 25, dated April 12, 2007)
• Building #11 Floor Plans (Architectural Sheet 26, dated April 12, 2007)
• Building #11 Elevations (Archite ctural Sheet 27, dated April 12, 2007)
• Building #12 Floor Plans (Architectural Sheet 28, dated April 12, 2007)
• Building #12 Elevations (Archite ctural Sheet 29, dated April 12, 2007)
• Enlarged Elevations (Architectural Sheet 30, dated April 12, 2007) • Hollister Avenue Elevation Alternative – Building #2 (Architectural Sheet 31, dated April 12, 2007)
• Conceptual Landscape Masterplan Office Alternative Alt. #7 (dated April 12, 2007)
• Preliminary Grading & Drainage Plan (Civil Sheets 2-3, dated September 8, 2006)
• Sections and Details (Civil Sheet 4, dated September 8, 2006) 65 Exhibit C
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• Preliminary Utility Pl an (Civil Sheets 10-11, dated November 7, 2006)

In addition to the above-lis ted project approvals, the following exhibits reflect the phasing of the project as well as the design of related public street improvements as contempl ated and discussed within the Development Agreement:

• Construction Phasing Plan (Sheets 1-10, dated April 12, 2007) • Los Carneros at Calle Koral (dated April 12, 2007)
• Offsite Street Improvements - Hollis ter/Los Carneros Road, Sheets 1-3 (dated April 12, 2007)
• Storke Road - North of Hollister Avenue (dated April 12, 2007)

2. AUTHORIZED DEVELOPMENT:

Rezone (37-SB-RZ)
A rezone of the existing Article III Inland Zoning Ordinance parcel designations is proposed, pursuant to stipulations in the proposed Development Agreement. This would re configure locations of the existing Industrial Research Park (M-RP) and Service Industrial-Goleta (M-S-GOL) zoning districts on site to be consistent with the Business Park and Service/Industrial land use designati ons, respectively, as shown in the adopted Goleta General Plan (2006), Figure 2.1, Land Use Plan Map. The M-S-GOL (Service Industrial – Goleta) designation would be specifically consistent with the Runw ay Protection Zone shown on the Santa Barbara County Airport Land Use Plan (1993) “A irport Clear and Approach Zones on Runway 7” Map.

Ordinance Amendment for a Development Agreement (37-SB-OA)

The proposed Development Agreement includes eight sections consisting of recitals; definitions; description of the project and property subject to the agreement and the applicable regulations; the obligations of the parties; implementation of the agr eement with regards to effective date and term; procedures for amendment of the agreement and discretionary permits; procedures for annual review, default, and remedies; legal actions; termination upon completion of the development; and general and miscellaneous provisions.

Vesting Tentative Tract Map (37-SB-TM)

A Vesting Tentative Tract Map is proposed to subdivide the 92.25-acre site, currently one parcel (APN 073-450-005), into 22 lots. Six lots intended for existing development would range in size from 1.49 acres to 66 Exhibit C
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6.87 acres (Lots 12, 13, 14, 20, 21, 22). Eleven lots intended for new development would range in size from 2.33 acres to 9.16 acres (Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11). Five lots intended for a wetland enhancement area, a recreation area, and three r oad segments including Cabrillo Park Drive, would range in size from 0.56 acres to15.46 acres (Lots 15, 16, 17, 18, 19). Access easements are propos ed to accommodate those parcels that do not have direct access to a street and various sidewalk easements, utility easem ents, and driveway eas ements are proposed along Hollister Avenue, Los Carneros Road, and Cabrillo Park Drive.

Final Development Plan (37-SB-DP)
The applicant requests approval of a Final Development Plan to develop a modern business park whic h would retain seven of the nine existing buildings and the screened storage areas, remove two buildings, and build twelve new structures. The two bui ldings to be removed, the Flight Physics Control Building, and the Flight Physi cs Range Building, total 84,808 square feet (sf). The buildings being retained, dating from the 1950s and 1960s and subject to vary ing degrees of remodeling, total 241,682 sf.

Proposed new structures would total approximately 714,600 sf. The proposed buildings would include 540,000 sf of office and research and development uses, and 174,600 sf of self-storage. Approximately 10,000 sf of proposed Building 2 would be used for on-site service-related commercial retail uses (i.e., coffee s hop, delicatessen, ATM, cleaners, etc.). A total of appr oximately 956,282 SF would result from existing and proposed development.

The proposed architecture may be characterized as contemporary international, emphasizing rectilinear building shapes with strong horizontal lines. Pro posed 1-story buildings would have a maximum height of 20 feet, and t he 2-story buildings woul d have a maximum height of 35 feet. Mechanical screening would extend 3 feet above the structures and would be designed to obscure equi pment including air conditioners, heaters, and other ventilation from view. Maximum building heights would be 35 feet to the top of screen, and 32 feet to top of the structure.

Estimated earthwork volumes include approximately 110,000 cubic yards (cy) of cut and 99,000 cy of fill to be balanced on site. This amount includes a 10 percent shrinkage factor for anticipated soil compaction. No export of material is proposed.

Vehicular access would be provided via three entrances/exits on Hollister Avenue and two entrances/exits on Los Carneros Road. The Hollister/Cabrillo Park Drive and Los Carneros/Cabr illo Park Drive intersections would be signalized. A 700-foot segment of Cabrillo Park Drive south from the Hollister Road entrance would be straightened and aligned with the existing portion of Cabrillo Park Drive. Cabrillo Park Drive (a private road) would be widened and repaved. Other offsite traffic 67 Exhibit C
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improvements would occur to the City’s street and intersection network as required for mitigation.

Water and sewer service, subject to Can and Will Serve Letters for all phases of development, would be prov ided from the Goleta Water District (GWD) and the Goleta West Sanitary District (GWSD) respectively.

A Class I bike path would parallel Cabrillo Park Drive on one side and bicycle racks would be located at each building location. In addition, bicycle lockers and shower facilities would be included. Upgrade and relocation of a bus stop along Holliste r Avenue and installa tion of two bus stops on Los Carneros Road are also proposed. The Cabrillo Business Park would provide maximum access to non-motor vehicle forms of transportation. Parking spaces woul d include 1,054 existing spaces and 1,163 new spaces for a project total of 2,217 parking spaces. In addition, carpooling would be encourage d by providing preferential parking to all carpool participants.

In addition to standard landscaping am enities, the plan provides for a landscaping buffer along Hollist er Avenue and Los Carneros Road including a low undulating series of elongated mounds approximately 3- feet high, with dr ought-tolerant grasses, spor adic groups of shrubs, and small groves of trees. The line of mounds would be interrupted along the proposed enhanced wetland adjacent to Los Carneros Road. A substantial wetland enhancement / greenbelt area of approximately 19 acres is proposed.

Proposed passive and active recreat ional amenities would include benches, tables with inla id chess and backgammon boards, a bocce ball area, jogging trails, nature trails, hor seshoe pits, volleyball and half-court basketball facilities.

Project Phasing
The applicant is proposing nine phas es of development. The phasing schedule includes proposed timing for on-site and off-site improvements, with the off-site roadway and inters ection improvements linked to the phase of the project for which such improvements would be required for mitigation. Roadways, pedestrian paths , water, sewer, and other utilities are proposed to be developed as needed for each phase.

Modifications Approved
:

As part of the project, the approval incl udes the following modifications to certain standards of the Article III, Inland Zoning Ordinance, as follows. A modification per the exhibit m ap from the required setbacks to allow less than the 10 feet requir ed from all property lines for interior lots on Lots 20, 21, and 22. (Section 35-275.3). A modification per the exhibit ma p from the required side and rear yard setbacks in the M-RP zone to allow less than the 10 feet required on Lots 13 and 14. (Sections 35-233.9.2 and 35-233.9.3). 68 Exhibit C
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A modification per the exhibit map from the required building coverage to allow more than 35% on Lot 20. (Section 35-233.10). A modification per the exhibit m ap from the required landscaping to allow less than 30% on Lots 1, 13, 14, 20 and 22. (Section 35- 233.13).
A modification per the exhibit m ap from the required front yard setback in the M-S-GOL zone to allow less than the 20 feet required from the ROW on Lot 14. (Section 35-233A.9.1). A modification per the exhibit m ap from the required number of parking spaces for Lots 3, 8, 10, 11, 12 and 20. (Section 35-259). A modification per the exhibit map from the required parking locations to allow parking in the front and/or side yard setbacks for Lots 1, 5, 6, 7, 9, 10, 13, 14, 20, 21, and 22. (Section 35-262.2(a)). A modification per the exhibi t map from the required screening along each property line to allow less than a 5-foot planted strip on Lots 1, 2, 3, 4, 5, 6, 7, 9, 10, 13, 14, 20, 21, and 22. (Section 35- 263.3).
A modification per the exhibit m ap from the required off-street loading facility to delete the requ irement for a load ing space on Lot 2 (Section 35-264.1).

Road Naming (37-SB-RN)
The internal private drive, currently referred to as Technology Drive, would be renamed to Cabrillo Park Drive.

The grading, development, use and maintenance of the property, the size, shape, arrangement, and location of structures, parking areas and landscape areas, and the protection and preservation of resources shall conform to the project description in the staff report and the conditions of approval below. The property and any portions thereof shall be sold, leased or financed in co mpliance with this project description and the approved exhibits and conditions of approval hereto. All plans must be submitted for review and approval and shall be implement ed as approved by the City of Goleta.

3. Five copies of the final vestin g tract map to implement the vesting tentative map and required review fees in effect at the time shall be submitted to Planning and Environmental Services for compliance review of conditions before Plan ning and Environmental Se rvices will issue map clearance to the Surveyor. The map s hall show statistics for net lot area (gross area less any public road right of way) and any open space.

4. Prior to recordation of the final ve sting tract map, and subject to approval of the City of Goleta as to form and content, the applicant shall include all of the conditions, agreements, and/or plans associated with or required by 69 Exhibit C
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this project approval on a separate informational sheet to be recorded with the final map.

5. Provisions shall be made for easements for common access, drainage, utility and provisions for maintenance of any shared driveways. These provisions shall be subject to the review and approval of the Planning and Environmental Services Director and City Attorney prior to the recordation of the Final Map. Reservation of the easements for reciprocal access, drainage, utility and maintenance for s hared facilities for this subdivision shall be shown on the Final Map.

6. Prior to recordation of the final vesting tract map, the applicant shall submit a copy of proposed CC&Rs for re view and approval by the City of Goleta. The CC&Rs shall at minimu m provide for shared maintenance of common areas, including but not limit ed to, private roads, bioswales, fences, trails, wetland enhancement area, and landscapi ng. The CC&Rs shall also include by reference the res ponsibility for all lots to maintain property in compliance with all condi tions of approval for the project, including transportation demand management and a notification regarding aircraft overflight. The City of Gole ta shall be made party to the CC&Rs for any changes related to conditions of approval that may be considered subsequent to the adoption of CC&Rs.

7. Prior to recordation of the final ve sting tract map, pub lic utility easements shall be provided at the locations and widths required by the serving utilities. The subdivider shall submit to the City Surveyor a set of prints of the final map accompanied by a letter from each utility and water and sewer district serving the property stating that the easements shown thereon are acceptable.

8. Prior to recordation of the final ve sting tract map, any obstruction within a utility easement which would interf ere with the intended use of the easement, shall be removed at the subdivider’s expense.

9. Prior to map recordation for the proj ect, the owner shall sign and record an agreement to comply with the project description a nd all conditions of approval.

MITIGATION MEASURES FROM 37-SB-EIR

AESTHETICS/VISUAL RESOURCES

10. To prevent construction and/or employee trash from blowing offsite, covered receptacles shall be provided onsite prior to commencement of grading or construction activities. The applicant or designee shall retain a clean-up crew to ensure that trash and all excess construction debris is collected daily and placed in provided receptacles throughout construction. (Mitigation Measure AES-1).

Plan Requirements and Timing: The applicant shall designate and provide to the City of Goleta t he name and phone number of a contact person(s) to monitor trash/waste and organize a clean-up crew prior to 70 Exhibit C
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land use permit approval for each phase. Additional covered receptacles shall be provided as determined necessa ry by City of Goleta staff. This requirement shall be noted on all final plans. Trash control shall occur throughout all grading and constructi on activities and debris clearance shall occur prior to occupancy clearance.

MONITORING: The City of Goleta shall ensure final review prior to approval of a Land Use Permit for each phase and shall site inspect for compliance during grading and construction activities.

11. In order to minimize the potentia l effects of obstruc ting views from Los Carneros Road of the important Goleta Slough visual resource, the proposed skyline trees adjacent to and east of the proposed wetland enhancement area and the road shall be grouped to al low for several view corridors experienced from the roadway. The landscape buffer adjacent to the wetland enhancement area and Los Carneros R oad within these corridors shall contain low-lying native shrubs co mpatible with the wetland habitat. (Mitigation Measure AES-2.1).

Screening vegetation installation along Los Carneros Road shall occur during the first phase of development.

MONITORING
: The City of Goleta shall ensure final review consistent with this requirement prior to map re cordation and/or approval of a land use permit for the first phase and each subsequent phase, as applicable; and shall site inspect for complianc e prior to occupancy clearance for each phase.

12. In order to increase the year-round sc reening of proposed Buildings 1, 2, 4, and 12 as viewed from Hollister Avenue and Building 10, 11, and 12 along Los Carneros Road, the landscape plan shall be revised to augment the proposed exterior deciduous scree ning plantings with a substantial distribution of evergreen tall screening trees, such as Canary Island Pines (Pinus canariensis). Such trees shall be plante d intermittently in groups along Hollister Avenue to increase scr eening of the pro posed buildings during the winter months when prop osed deciduous species would be barren. In order to ensure that proposed native species screening understory shrubbery receives suffici ent sunlight during the winter, the percentage of evergreen screen trees sh all not exceed 50 percent of the upper canopy trees in order to maintain the general health and appearance of the understory landscape. (Mitigation Measure AES-4).

Plan Requirements and Timing: The final landscape plan shall be revised as noted and shall be reviewed and approved by the City of Goleta, including the Design Review Board, prior to recordation of the map and approval of a land use permit for each phase, as applicable. Screening vegetation installation along Hollister Avenue and Los Carneros Road shall be completed prior to occupancy clearance for the first phase. 71 Exhibit C
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MONITORING: The City of Goleta shall ensure final review consistent with this requirement prior to approval of a Land Use Permi t and shall site inspect for compliance during grading and construction activities and shall ensure installation of required vegetat ion along Hollister Avenue and Los Carneros Road prior to issuance of the first occupancy clearance.

13. In order to minimize th e potential visual effects of periodic pest damage on proposed parking lot shade trees, the landscape pl an shall be revised to integrate evergreen trees of similar size and shape to oaks such as the male podocarpus ( Podocarpus gracilior ) and New Zealand Christmas tree (Metrosideros excelsus) that are not susceptible to oak borne pests. These evergreens shall be planted intermittently throughout the proposed parking areas to minimize potential effects of pest blight and leaf loss affecting native coast live oak and cork oak plantings. (Mitigation Measure AES-5).

Plan Requirements and Timing: The final landscape plan shall include evenly distributed evergreen parking lot shade trees that are not susceptible to oak borne pests. The final la ndscape plan shall be reviewed and approved by the City of Goleta, including the Design Review Board, prior to recordation of the tract map and/or approval of a Land Use Permit for each phase, as applicable.

MONITORING : The City of Goleta shall ensure final review consistent with this requirement prior to map recordation and approval of a land use permit for the first phase and each subsequent phase, as applicable; and shall site inspect for compliance prior to occupancy clearance for each phase.

14. Exterior night li ghting installed on the project si te shall be of low intensity, low glare design, and shal l be hooded to direct light down ward onto the subject parcel and prevent spill-over onto adjacent parcels. All upward directed exterior lighting shall be prohibited to protect night sky views of the stars. All exterior light ing fixtures shall be appropriate for the architectural style of proposed development. Pole supports shall be of a darker finish to reduce glare. Building wall-mount ed and pedestrian walkway lighting fixtures shall be placed at heights that would be sufficiently high to promote project safety, but low enough to limit unnecessary spill effects. (Mitigation Measure AES-6).

MONITORING : The City of Goleta shall ensure final review consistent with this requirement prior to map re cordation and approval of a land use permit for the first phase and each s ubsequent phase, as applicable; and shall site inspect for compliance prior to occupancy clearance for each phase.
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15. Exterior structure window glass shall be entirely glare-resistant (i.e., tinted) to eliminate the adverse daytime effects of sun reflecting off this material. (Mitigation Measure AES-7).

Plan Requirements and Timing: The applicant shall submit final plans for each phase of development consistent with this requirement. These plans shall be reviewed and approved by the City of Goleta, including the Design Review Board, prior to Land Use Permit approval for each phase.

The plans shall also be forwarded to the Airport Land Use Commission (ALUC) by the City of Goleta for revi ew and comment prior to approval of a land use permit for each phase.

MONITORING
: The City of Goleta shall ensure final review consistent with this requirement prior to approval of a land use permit for the first phase and each subsequent phase and shall site inspect for compliance prior to occupancy clearance for each phase.

16. The basic design principle for all structural development shall be to reinforce and integrate the natural quality of the site into project development. Building materials and colors compatible with surrounding commercial/industrial buildings shall be used on exterior surf aces of all structures such as buildings, trash enclosures, walls, fencing, paving, and furnishings. This shall include materials and colors that provide a variety of interesting patterns and textures, such as wood, clay and ce ramic tiles, textured plaster, textured/colored concrete, native stone, and limited quantities of pre-finished materials at selected appropriate locations. Roofing materials shall also add texture and visual interest. Material s prohibited for walls and fences at exposed locations include chain link fencing, unpainted gray concrete block, wood slats, and grape stakes. (Mitigation Measure AES-8.1).

Plan Requirements and Timing: The applicant shall submit final plans for each phase of development consistent with this requirement. These plans shall be reviewed and approved by t he City of Goleta, including the Design Review Board, prior to land use permit approval for each phase.

Materials shall be denoted on all building plans. Structures shall be painted prior to occupancy clearance for each phase.

17. A new Overall Sign Plan (OSP) t hat integrates/revises existing signage with proposed new signage shall be re quired. The new OSP shall be consistent with Article I (Sign Regulations). The OSP shall include criteria and guidelines that achieve a vi sually coordinated, balanced, and appealing signage environmen t. Standards shall include, but not be limited to: (Mitigation Measure AES-8.2).
• Signage shall be compatible with the visual image and architectural design of the Cabrillo Business Park project. • Human scale shall be maintained.
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• Signage shall contain only that in formation necessary to identify the associated business(es).
• Monument signs shall not exceed 6 feet in height.
• Buildings shall be limited to one dominant tenant sign (for example, for a major tenant or assigned in some other manner by the OSP) and minor signs associated with tenants within buildings with more than one tenant.
• Signage shall identify public a ccess to recreation facilities.

Plan Requirement and Timing: The Overall Sign Plan shall be reviewed and approved by the City of Goleta, in cluding the Design Review Board, prior to land use permit approval for the first phase of development. The OSP shall provide for review and approval of each individual tenant/business sign by the Design Revi ew Board prior to approval of any future sign permit.

MONITORING : The City of Goleta shall ensu re completion of an Overall Sign Plan consistent with this requi rement, shall ensure review of tenant/business signs consistent with this requirement, and shall site inspect for proper installation of each sign.

18. The applicant shall prepare a detailed design of proposed trash/recycling enclosures that would be compatible with the architectural style of the project.

These areas shall be easily accessed and shall be enclosed with a solid wall of sufficient height to screen the area and shall include a solid gate and roof.

The trash and recycling storage facilities shall be maintained in good repair. (Mitigation Measure AES-9).

Plan Requirement and Timing: The applicant shall submit trash enclosure for review and approval by the City of Goleta, including the Design Review Board, prior to land use permit approval for each phase.

MONITORING: The City of Goleta shall ensure final review consistent with this requirement prior to approval of a land use permit fo r the first phase and each subsequent phas e and shall site inspect for compliance prior to occupancy clearance for each phase.

19. The design, scale, and character of the overa ll project and subdivision improvements shall be found to be co mpatible with vicinity development, shall be integrated with neighboring pr operties, and sha ll be internally aesthetically compatible. The overall project and subdivision improvements review shall include, but shall not be limited to, the entry treatment at Cabrillo Park Drive, public frontages on Hollister Avenue and Los Carneros Road, the corner treatment at Ho llister Avenue/Los Carneros Road, greenbelt areas, the wetland enhancement area, recreational facilities, streetscapes, major landscape features, and other common decorative features. Final plans shall include, but not be limited to, the following criteria: (Mitigation Measure AES- 10).
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a. Street elevations of buildings and structures shall enhance the streetscape, shall be pedestrian friendly, and shall include varied building setbacks.
b. Plazas, courtyards, and lands caped open space shall create a campus-like setting and shall provide for pedestrian access. c. All outdoor storage or maintenan ce areas shall be screened through use of landscaping, fencing, and/or walls.
d. Architectural detailing shall be used to break up the box-like appearance of all new onsite research park/industrial/storage buildings and any associated structural development. Blank wall planes shall be avoided.
e. Adequate variety and interest shall be provided along all sides of a building. Treatments may include, but not be limited to, modulation of walls, wainscot or cornice molding, texture and/or patterns in building materials, niches for planters or seats, and decorative vents and grilles. f. Bicycle access shall be provided, including separate bike lanes where feasible and shared bike lanes in all other locations.
g. Sufficient, secure, and protecte d bicycle parking shall be provided.

Bicycle racks shall be the “Inverted U” type or other equivalent style. h. Public transportation facilities shall be identified on project plans and equipment (such as bus shelters) shall be designed to be compatible with project architecture.

Plan Requirements and Timing: The applicant shall submit final tract improvement plans (tract map, grading plans, improvement plans, landscape plan, lighting pl an, utility plan and any other re quired plan) for review and approval by the City of Goleta, including the Design Review Board, prior to recordation of the map. Plans for overall development shall be provided, including phasing/timing of installation of improvements.

MONITORING
: The City of Goleta shall ensu re final review prior map recordation and shall site inspect for compliance in the field during grading and construction activities.

20. The applicant shall submit a Maintenanc e Plan for maintenance in perpetuity of common landscaping, common open space areas, and /or any other common facilities. The Maintenance Plan shall identify responsibility for maintenance of any common elements. If any lot is intended to be sold, a copy of proposed CC&Rs shall be reviewed and approved by the City of Goleta. (Mitigation Measure AES-11).

Plan Requirements and Timing: The applicant shall submit the Maintenance Plan and CC&Rs for review and approval by the City of Goleta prior to recordation of the map. CC&Rs shall be recorded prior to approval of the first land use permit for structural development.
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MONITORING : The City of Goleta shall for compliance over the buildout period of the project and enforce when inadequate maintenance is observed.

21. The requirements in AES-10 (Condition #1 9) shall apply to each phase of project development. (Mitigation Measure AES-12).

Plan Requirements and Timing: The applicant shall submit final development plans (site plans, floor plans, elevations, grading plans, and any other required plans) for each phase of the project for review and approval by the City of Goleta, including the Design Review Board, prior to land use permit approval for each phase.

MONITORING : The City of Goleta shall ensure final review prior to approval of a land use permit for each phase and shall site inspect for compliance in the field during grading and construction activities.

22. The applicant shall prepare a detailed landscape plan for the entire property that identifies existing landscaping, proposed new landscaping (trees, shrubs, groundcovers by species) , size of plant mate rials, and location of landscaping. Landscaping shall consist of drought-tolerant native and/or Mediterranean type species which provides adequate enhancement of the property and screening from surrounding areas. The use of invasive plants shall be prohibited. Landscaping shall be used to soften building masses, to reinforce pedestrian scale, and to provide screening along public street frontages and within parking areas. (Mitigation Measure AES-13).

Plan Requiremen ts and Timing: The applicant shall submit a final landscape for each phase of the project for review and approval by the City of Goleta, including the Design Review Board, prior to land use permit approval for each phase.

MONITORING : The City of Goleta shall ensure final review prior to approval of a land use permit for each phase and shall site inspect for installation prior to issuance of the final occupancy permit for each phase.

23. To ensure adequate installation and maintenance of the approved landscape plan, the applicant shall enter into an installation and maintenance agreement and shall provide appropriat e performance securities for tract improvements and phased structural de velopment. Land scaping shall be maintained for the life of the project. (Mitigation Measure AES-14).

Plan Requirements and Timing: The applicant shall complete the landscape installation and maintenance agreements prior to land use permit approval for each phase. Performance securities for installation and maintenance (for at least a 5-year maintenance period) shall be reviewed and approved by City staff prior to land use permit approval for each phase.

MONITORING
: The City of Goleta shall site in spect for installation prior to issuance of the final occupancy permit for each phase and shall site inspect periodically and at the end of the maintenance period prior to release of the performance security.

24. Streetscape and frontage design along the Hollister Avenue and Los Carneros Road frontages shall be cr eated to provide a unified and/or 76 Exhibit C
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coordinated visual pres entation and shall improv e the interface between pedestrians and vehicles. The following design elements shall be incorporated (as appropriate): (Mitigation Measure AES-15). a. Abundant trees and landscaped medians.
b. Landscaping that buffers pedestrians and bicyclists from traffic without creating site distance conflicts.
c. Coordination of landscaping with in the public right-of-way and adjacent development to provide an integrated street frontage. d. Provision of street furniture including benches, planter seating, trash containers, and pedestrian scale light fixtures.
e. Use of pavement treatments and decorative tree wells. f. Accent planting, textured paving, and specimen trees used to establish identities at building entries.

Plan Requirements and Timing: The applicant shall submit final plans, including the above criteria, for review and approval by the City of Goleta, including the Design Review Board, prior to map recordation and land use permit approval for each phase.

MONITORING : The City of Goleta shall site inspect prior to approval of occupancy clearance.

25. Adequate textured/colored pedestrian pathways and/or formal walkways shall be provided at appropriate locations, including but not limited to, internal drive aisles, driveway entrances, crosswalks and other locations where pedestrians would commonly walk. Pathways and walkways shall be coordinated between lots, structures, and uses. These elements shall be reviewed and approved by Communi ty Services, Planning and Environmental Services, and the Design Review Board. (Mitigation Measure AES-16).

Plan Requirements and Timing: The applicant shall submit final plans, including designation of pedestrian pathways and/or formal walkways areas, for review and approval by the City of Goleta, including the Design Review Board, prior to map recordation and land use permit approval for each phase.

MONITORING : The City of Goleta shall site inspect prior to approval of occupancy clearance.

26. Parking lots shall be adequately designed with regard to space dimensions, aisle widths, turning radi i, etc. and shal l be adequately landscaped. The following standards shall apply: (Mitigation Measure AES-17). a. Parking lot landscaping shall pr ovide for adequate visual relief, screening, and shade. Plant er strips/planter is lands/finger planters shall combine trees, shrubs, and groundcover.
b. Tree density shall include approximately one tree for every four parking spaces. Trees shall be provided at the end of every aisle. Sufficient 77 Exhibit C
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tree canopy shall be provided within and along the perimeter of parking areas. Deciduous trees are prohibited due to the visual effects of loss of canopy and due to the loss of shade.
c. Parking lot trees shall be sele cted such that there would be no interference with parking lot lighting at maturity.
d. Pedestrian circulation shall be adequate and clearly delineated such that safe and convenient pedestrian access is provided from parking areas to building entrances and common/open space areas. Planting strips shall be used between traf fic zones and sidewalks wherever possible.
e. Permeable parking surfaces are en couraged wherever possible (e.g., leading into proposed bioswales).

MONITORING: The City of Goleta shall site inspect prior to approval of occupancy clearance.

27. Loading docks shall be easily accessed and shall be identified on all final building plans and shall be adequately screened through use of design features. (Mitigation Measure AES-18).

Plan Requirements and Timing: The applicant shall submit final plans, including designation of loading dock areas, for review and approval by the City of Goleta, including the Design Review Board, prior to land use permit approval for each phase.

MONITORING : The City of Goleta shall site inspect prior to occupancy clearance.

28. A Mechanical Equipment Plan shall be submitted for review and approval by the City of Goleta, including the Design Review Board, prior to land use permit approval for each phase. The Mechanical Equipment Plan shall include a site plan and el evations for all mechanical equipment (including HVAC condensers, switch boxes, etc). All equipment shall be designed to be integrated into the stru cture and/or screened completely from view. (Mitigation Measure AES-19).

Plan Requirements and Timing: The Mechanical Equipment Plan shall be submitted to the City of Goleta for review and approval, prior to land use permit approval for each phase.

MONITORING
: The City of Goleta shall site inspect prior to occupancy clearance.

29. A Utility Plan shall be submitted fo r review and approval by the City of Goleta, including the Design Review Board, prior to land use permit 78 Exhibit C
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approval for each phase. All utility service connections and aboveground mounted equipment (such as backflo w prevention devices) shall be screened from view and painte d in earthtone or othe r colors compatible with the surrounding area (red is prohi bited). Screening may include a combination of landscaping, fencing, walls, or lattice. All gas and electrical meters shall be conc ealed and/or painted to match the surroundings. Utility transformers shal l be placed in underground vaults unless proven to be technically infeasible. All transformers and vaults that must be located in the right-of-way sh all be installed below grade unless otherwise approved by the Cit y, and if not installed below grade, shall be screened from view. (Mitigation Measure AES-20).

Plan Requirements and Timing: The Utility Plan shall be submitted to the City of Goleta for review and approval, prior to land use permit approval for each phase.

MONITORING : The City of Goleta shall site inspect prior to occupancy clearance.

AIR QUALITY

30. If the construction site is graded and le ft undeveloped for over four weeks, the applicant shall employ the following methods immediately to inhibit dust generation: (Mitigation Measure AQ-1.1).
a. seeding and watering to revegetate graded areas; and/or b. spreading of so il binders; and/or
c. any other methods deemed appropr iate by the City of Goleta.

Plan Requirements and Timing: These requirements shall be noted on all grading and building plans. The Cit y of Goleta shall review and approve plans required prior to approval of a land use permit for each development phase.

MONITORING : City of Goleta grading inspec tors shall perform periodic site inspections during construction to ensure compliance with approved plans.

31. Dust generated by the dev elopment activities shall be kept to a minimum with a goal of retaining dust on the site. The following dust control measures shall be followed. (Mitigation Measure AQ-1.2).
a. During clearing, grading, earth moving, excavation, or transportation of cut or fill materi als, water trucks or sprinkler systems shall be used to prevent dus t from leaving the site and to create a crust after each day’s activities cease.
b. During construction, wa ter trucks or sprinkler systems shall be used to keep all areas of vehicle movem ent damp enough to prevent dust from leaving the site. At a minimum, this would include wetting down such areas in the late r morning and afte r work is comp leted for the day and whenever wind exceeds 15 miles per hour.
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c. Soil stockpiled for more than tw o days shall be covered, kept moist, or treated with soil binders to prevent dust generation.

Plan Requirements and Timing: All requirements shall be shown on grading and building plans. The City of Goleta shall review and approve plans required prior to approval of a land use permit for each development phase. Conditions shall be adhered to throughout all grading and construction periods.

MONITORING: City of Goleta inspectors shall spot check during construction to ensure compliance with approved plans. The City of Goleta and APCD inspectors shall respond to nuisance complaints.

32. The contractor or builder shall designate a person or persons to monitor the dust control progra m and to order increased wa tering as necessary to prevent transport of dust off-site. Their duties shall include holiday and weekend periods when work may not be in progress. (Mitigation Measure AQ-1.3).

Plan Requirements and Timing: The name and telephone number of such persons shall be provided to t he City of Goleta and APCD. The dust monitor shall be designated prior to the commencement of construction.

MONITORING : City of Goleta shall contac t the designated monitor as necessary to ensure compliance with dust control measures.

33. ROG and NOx emissions generated by construction equipment shall be reduced by application of the fo llowing equipment control measures:
(Mitigation Measure AQ-2).
a. Heavy-duty diesel-powered cons truction equipment manufactured after 1996 (with federally mandated “clean” diesel engines) shall be utilized whenever feasible.
b. The engine size of construction equipment shall be the minimum practical size.
c. The number of construction equipment operating simultaneously shall be minimized through effi cient management practices to ensure that the smallest practica l number is operat ing at any one time.
d. Construction equipment shall be maintained in tune per the manufacturer’s specifications.
e. Construction equipment operatin g onsite shall be equipped with two to four degree engine timing reta rd or pre-combustion chamber engines.
f. Catalytic converters shall be installed on gasoline-powered equipment, if feasible.
g. Diesel catalytic converters shall be installed, if available. 80 Exhibit C
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h. Diesel-powered equipment shall be replaced by electric equipment whenever feasible.
i. Construction worker trips shall be minimized by requiring carpooling and by providing for lunch onsite.

Plan Requiremen t and Timing: The project applicant shall include these measures as notes on a separate sheet attached to the grading and building plans. The City of Goleta shall review and approve plans prior to approval of a land use permit for each development phase. These measures shall be implemented during and after project construction, as appropriate.

MONITORING : The City of Goleta shall perf orm periodic site inspections to ensure compliance with approved plans. APCD inspectors shall perform periodic equipment inspections and respond to nuisance complaints.

34. The applicant shall incorporate the following energy conservation measures into project building plans unless the applicant proves that incorporation of a specif ic measure is infeasible: (Mitigation Measure AQ- 4).
a. Install low NO x water heaters and space heater s per specifications in the 1991 Air Quality Attainment Plan.
b. Use light colored water-based paint and roofing materials. c. Install solar panels for water heating systems and other facilities and/or use water heaters that heat water only on demand.
d. Use passive solar cooling/heating.
e. Maximize the use of natural lighting.
f. Install energy efficien t appliances and lighting.
g. Use landscaping to shade buildings and parking lots. h. Install sidewa lks and bikepaths.
i. Install covered bus stops to enc ourage use of mass transportation.

Plan Requirements and Timing: The applicant shall incorporate the listed provisions into building and improvemen t plans or shall submit proof of infeasibility to City of Goleta. The proposed energy conservation measures shall be incorporated into the proj ect building and improvement plans and reviewed and approved by City of Gole ta prior to approval of a land use permit for each phase of development.

MONITORING : City of Goleta inspectors shall inspect the project site to ensure that development is in acco rdance with approve d plans prior to occupancy clearance.

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ARCHAEOLOGICAL RESOURCES

35. Phase 2 archaeological excava tions undertaken for the applicant (Wilcoxon 2000) shall be documented purs uant to City Cult ural Resource Guidelines, including but not limited to preparation of a final Phase 2 technical report that identifies signifi cant portions of the sites and makes recommendations for Phase 3 mitigati on in the form of data recovery excavations and a capping program. The Phase 2 report shall contain a confidential appendix wit h a map showing a 50- foot buffer zone around the CA-SBA-52 burial area, defined as the UCSB archaeological units that have yielded human remains and immedi ately adjacent areas that, based on the archaeologist’s professional j udgment, have a relatively high probability of containing additional burials. The report shall also incorporate results of archaeological ex cavations relevant to the CA-SBA- 52 burial area (i.e., UCSB field class acti vity). The final Phase 2 technical report, archaeological collections, fiel d notes, records, photographs and other associated documentation shall be permanently curated at the UCSB Repository for Archaeological Collections. Such curation requirements also apply to the Ext ended Phase 1 project report (Wilcoxon 1999) and its associated collections, fiel d notes, etc. (M itigation Measure ARCH-1.1).

Plan Requirements and Timing: The City of Goleta shall retain a City of Goleta-qualified archaeologist funded by the applicant to review and approve the following prior to land us e permit approval for the appropriate phase of development: 1) the final Phase 2 technical report including incorporation of relevant document ation from the UCSB field class archaeological excavations within the CA-SBA-52 burial area; and 2) evidence that the approved Extended Phase 1 report (Wilcoxon 1999) and the final Phase 2 report, including associated archaeological artifact collections, catalog, and field notes, have been submitted to and been accepted by the UCSB Repository for Ar chaeological Collections, or other local professional curation facility.

MONITORING
: The City of Goleta-retained archaeologist shall review the Phase 2 report and ensure that approved recommendations are implemented. The City of Goleta-re tained archaeologist shall review and approve written confirmation from the UCSB Repository for Archaeological Collections stating that the Final Phase 2 report and Extended Phase 1 report and associated collections and associated documentation have been accepted for curation and provide t he written confirmation to the City of Goleta staff.

36. Utility and irrigati on lines requiring trenches th rough intact archaeological deposits shall be co-located to mini mize the number of trenches and magnitude of direct impacts. (Mitigation Measure ARCH-1.2).

Plan Requirements and Timing: The location of all utility and irrigation lines shall be shown on the final gr ading plans consistent with this requirement. Final grading plans shal l be reviewed and approved by the City of Goleta prior to land use permit approval for each phase of development.
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MONITORING : The City of Goleta shall ensure final review consistent with this requirement prio r to approval of land use permits for each phase of development and shall site inspect to ensure placement of utilities in accordance with approved plans pr ior to occupancy clearance for each phase.

37. Direct impacts to significant arch aeological deposits that cannot be avoided by re-design or by c apping shall be mitigated by completing a pre- construction Phase 3 data recovery excavation program to recover, analyze and document a representative sample of the deposits, pu rsuant to City Cultural Resource Guidelines, and funded by the applicant. A data recovery excavation program re search design detailing sampling intensity and methods, based on the project’s grading plan, utility plan, and irrigation plan and trenching locations, s hall be prepared by a Ci ty of Goleta-qualified archaeologist, funded by the applicant. The data re covery program shall utilize hand excavated units to intens ively investigate moderate and high density deposits, and shall also include other methods needed to adequately investigate low density areas and docum ent spatial patterning within the sites. A local Native American monitor shall be retained by the applicant to observe all field excava tions. The Phase 3 da ta recovery excavation program shall be documented in a draft and final report reviewed and approved by a City of Go leta-qualified archaeologist. Pursuant to City Cultural Resource Guidelines, the final report, archaeological collections, field notes, and other standard documentation shall be permanently curated at the UCSB Repository for Archaeological Co llections. (Mitigation Measure ARCH-1.3).

Plan Requirements and Timing: A Phase 3 data recovery research design pursuant to City Cultural Resources Guidelines, and a copy of a contract for the Phase 3 investigation between the applicant and a City of Goleta- qualified archaeologist and Native American observer, and the subsequent draft and final Phase 3 report shall be reviewed and approved by the City of Goleta-retained archaeologist (funded by the applicant) prior to approval of Land Use Permits for the appropriate phase of development. The data recovery plan shall incl ude a map and tabular information showing the location and quantifies the area (m
2) and depth of direct impacts to
archaeological deposits determined to be significant in the Final Phase 2 report. The applicant shall provide a bond to the Cit y of Goleta for completion of the Phase 3 report and associated artifact curation that shall be returned upon completion of all mitigation re quirements pursuant to the approved contract. All curation requirements shall be met within 60 days following City of Goleta approval of the final Phase 3 Report.

MONITORING: City of Goleta staff shall veri fy the receipt of the contract between the project applicant, arc haeologist, and Native American monitor, and will verify in the fiel d the presence of the archaeologist and Native American monitors during cons truction. The Phase 3 Report shall be reviewed and approved by the City of Goleta-retained archaeologist.

The applicant shall provide City of Go leta staff with a letter from UCSB Repository for Archaeological Collecti ons indicating that all required materials have been accepted for curation.

38. In areas where proposed development including structures or pavement would be placed on top of significa nt archaeological site areas, an 83 Exhibit C
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archaeological site capping plan sha ll be prepared by a City of Goleta- qualified archaeologist in order to ensure that previously undisturbed cultural deposits are preserved intact. The capping plan shall specify that soil disturbances including foundations and/or scarification be limited to within the depth of proposed fill layers, or to previously dist urbed soil horizons as defined in the project Extended Phase 1 archaeological investigation. The capping plan shall be consistent wi th goals, object ives, and methods recommended by the Nati onal Clearinghouse for Archaeological Site Stabilization, a division of the Cent er of Archaeological Research at the University of Mississippi. All material used as fill shall be culturally sterile (i.e., contain no archaeological mate rials), chemically neutral, and be reinforced by an appropriate geotextile (filter cloth). A City of Goleta-qualified archaeologist and a Native American representative funded by the applicant shall monitor placement of the fill over the archaeological site. (Mitigation Measure ARCH-3).

The capping plan shall include the following stipulations:
a. Fill covering archaeo logical site areas shall be sufficiently deep to avoid or minimize direct impacts fr om installation of utilities, light standards, utility lines, irrigation lines, and other infrastructure. b. The perimeter of th e fill and locations of pr evious archaeological excavation units, disc rete artifact concent rations, archaeological features, and modified artifacts such as tools, tool fragments, ornaments, and features noted prior to and after scarification shall be recorded with Digital Global Positioning System (DGPS) equipment and carefully plotted on construction plans; DGPS equipment shall be used to establish bench marks to provide locational access to the site at any time in the future.
c. Scarification and mechanical removal of vegetation and debris and associated ground disturbance sha ll be limited to previously disturbed soil horizons or limited to areas where the intact cultural deposits are buried too deep to disturb. Removal of trees or other large plants or objects shall be conducted with manual hand tools in areas containing intact cultural deposits.
d. Fill pH shall be within one point of the archaeological deposits and, as noted above, shall be culturally sterile (i.e., contain no archaeological materials).
e. The first layer of fill shall be 6-12 inches in thickness and placed in a manner so that it shall always be spread ahead of the heavy equipment to distribute the wei ght. The initial layer and all subsequent layers shall be covered by an appropriate filter material such as geotextile mat that mini mally meets or exceeds standards established by Caltrans or the American Public Works Association “Greenbook.”
Plan Requirements and Timing : The capping plan including a detailed map and description of fill locations as currently defined on the preliminary 84 Exhibit C
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grading plan 212919ARCHEX3.DWG (January 2002), subject to final revision, shall be documented in the project’s Phase 3 archaeological data recovery mitigation report. The plan shall be developed by the applicant’s City of Goleta-qualified archaeologist in consultation with their civil engineer.

The plan shall be reviewed and approved by City of Goleta staff prior to approval of Land Use Permits for the appropriate phase of development.

MONITORING : City of Goleta staff shal l site inspect for compliance during construction activities associated with fill plan implementation.

39. Intact areas of CA-SBA-52 and –53 t hat would be capped by protective fill and that have not been investi gated and adequately documented by previous Phase 2 testing, including but not limited to areas beneath and immediately surrounding proposed Buildi ng 8, shall be subject to a Phase 3 data recovery program funded by t he applicant. The program shall be sufficient to characterize the archaeological data that would be inaccessible to future research, and s hall contain the following: (Mitigation Measure ARCH-4).
a. Surface collection of artifa cts (unmodified shellfish remains excepted).
b. The excavation, deta iled analysis, and documentation of a sample of cultural deposits shall be required to reasonably characterize the nature of the deposits that would be buried under fill. Sampling intensity of the characterization study shall be calculated minimally as one 1 x 1 m test uni t every 1,600 square m of intact deposit to be covered by fill. Additional ex cavations shall be required if any features or discrete artifact or ecofact concentrations are discovered during scarification and vegetation removal. All archaeological excavations shal l be monitored by a Native American observer funded by t he applicant. Results of the characterization study shall be incorporated into the project’s Phase 3 Data Recovery Technical Report.
c. Curation of the exca vated sample shall occur as specified in measure ARCH-1.3 (Condition #37).

Plan Requirements and Timing: The Phase 3 data recovery plan research design includi ng sampling strategy for the fill areas shall be prepared by a City of Go leta-qualified archaeol ogist retained by the applicant. The research design an d subsequent results of Phase 3 excavations documented in the draft and final Ph ase 3 report shall be reviewed and approved by the City of Goleta-retained archaeologist prior to approval of Land Use Permits for t he appropriate phase of development.

The applicant shall provide a bond (the amount to be based on the proposal prepared by the City of Goleta-qualified archaeologist for the applicant as specified in measure ARCH-3) to City of Goleta for completion of the Phase 3 report, including curati on of artifacts that s hall be retu rned upon completion of all mitigation requirements pursuant to the approved contract.

MONITORING
: City of Goleta staff shal l site inspect for compliance during construction activities associated with fill operations. Results of the 85 Exhibit C
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studies shall be reviewed and approved by the City of Goleta-retained archaeologist.

40. All earth disturbances within 100 f eet of recorded arc haeological site boundaries, including scarification and placement of fill, shall be monitored by a City of Goleta-qualified ar chaeologist and a Native American representative funded by the applican t, pursuant to City Archaeological Guidelines. (Mitigation Measure ARCH-5).

Plan Requirements and Timing: A Construction Monitoring Treatment Plan shall be developed by a City of Goleta-qualified archaeologist retained by the applicant and implemented to ensure that any previously unknown archaeological site areas, features, or artifact concentrations are adequately recorded, evaluated, and, if significant, mitigated. The Plan shall minimally describe the following:
a. qualifications and organization of monitoring personnel; b. procedures for noti fying the City and other in volved or interested parties in case of a previously unknown archaeological site area, feature, or artifact concentration;
c. procedures that would be used to record, evaluate, and mitigate a previously unknown archaeological si te area, feature, or artifact concentration with a minimum of delay;
d. procedures that would be foll owed in case of discovery of disturbed as well as intact hum an burials and burial-associated artifacts;
e. specifications that all ground di sturbances within 100 feet of the recorded boundaries of CA-SBA-52 and CA-SBA-53 as shown on the detailed map an d description of fill locations
(212919ARCHEX3.DWG [January 2002]), subject to final revision, shall be monitored by a City of Goleta-qualified archaeologist and a Native American representative funded by the applicant. The monitors shall have the authority to temporarily halt or redirect construction in the vicinity of any potentially significant discovery to allow for adequate recordation, evaluation, and mitigation.

Evaluation and mitigatio n could require additional archaeological testing and data recovery.

The plan shall be prepared by a Cit y of Goleta-qualified archaeologist funded by the applicant, and reviewed and approved by the City of Goleta prior to land use permit approval for the appropriate phase of development. The monitoring program and its results shall be documented in the project’s Phase 3 Data Recovery Mitigation Report (see measure ARCH-1.2).

MONITORING
: City of Goleta staff shall veri fy in the field the presence of the applicant-retained City of Goleta- qualified archaeolog ist and Native American construction monitors (see m easure ARCH-3). In the event of the identification of any previously unknown archaeological site area, feature, or artifact c oncentration, the City of Go leta-retained archaeologist 86 Exhibit C
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shall be consulted and review and approve any treatment plan for evaluating the significance of the find and determining appropriate mitigations.

41. A pre-construction workshop sha ll be conducted by a City of Goleta- qualified archaeologist and a local Nati ve American representative funded by the applicant. Attendees shall include the applicant, archaeologist, Native American representative, construction supervisors, and heavy equipment operators to ensure that al l parties understand the cultural resources monitoring program and their respective roles and responsibilities. All construction and/ or landscaping personnel who would work on the site during any phase of ground di sturbance in archaeologically sensitive portions of the project area shall be required to attend the workshop. The names of all personnel who attend the workshop shall be recorded and shall be issued hardhat stickers denoting that they have received workshop tr aining. This workshop shall be videotaped and shown to any new employ ees or subcontractors that may be needed during ground-dist urbance construction activities. Names of newly trained personnel shall be recorded and issued appropriate hardhat stickers.

The workshop shall review the fo llowing: types of archaeological resources that may be uncovered; provide examples of common archaeological artifacts and other cultur al materials to examine; describe why monitoring is required; what makes an archaeological resource significant; identify monitoring procedures; what would temporarily halt construction and for how long; describe a reasonable worst-case resource discovery scenario (i.e., discovery of intact human remains or an unknown, intact, substantial midden deposit); and describe reporting requirements and the responsibilities of the construction supervisor and crew. The workshop shall make att endees aware of prohibited activities, including vehicle use in protec ted areas, and educate construction workers about the inappropriateness of unauthorized collecting of artifacts that can result in impacts on cultur al resources. (Mitigation Measure ARCH-6).

Plan Requirements and Timing: Workshop components shall be listed on the grading plan to be reviewed an d approved by the City of Goleta prior to land use permit approval for the first phase of development. The workshop shall be held prio r to the start of any site improvements. The applicant shall provide the City of Go leta with a list of all personnel who attend the workshop. This list w ould be updated as others viewed the workshop videotape at a later date.

MONITORING
: City of Goleta staff shall attend the workshop and
periodically site inspect for compliance during construction.

42. Portions of the proposed wetland enhancement area perimeter trail composed of either decomposed gr anite with a non-pe troleum polymer stabilizer or native soil bonded wi th natural resins bordering the recreation/greenbelt buffer within the vicini ty of archaeologically sensitive areas shall be eliminated and/ or reloca ted. To reduce public access to this area, the remaining trail segment adjacent to the burial area shall be moved a minimum 25 feet. Shallow-rooted shrubbery (less than 12-inches 87 Exhibit C
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deep) shall be planted along the eastern edge of the trail to discourage public access to the burial area. (Mitigation Measure ARCH-7).

Plan Requirements and Timing: The revised trail location as identified on the confidential archaeological exhibit based on
212919ARCHEX3.DWG (January 2002) filed with the City of Goleta shall be identified on final building and grading plans . The shrubbery adjacent to the redesigned trail shall be indi cated on the final la ndscaping plan to inhibit access to the sensitive archaeological area. The map and plan shall be reviewed and approved by City of Goleta staff prior to land use permit approval for the appropriate phase of development.

MONITORING
: City of Goleta staff shall site inspect to ensure compliance with the approved final building and grading plans.

43. Direct and indirect impacts to the CA-SBA-53 burial area during project construction and operation shall be avoi ded to respect Native American heritage concerns and ensure complete preservation of the resource.

This shall be accomplished by the following: (Mitigation Measure ARCH- 8).
a. A 50-foot buffer around the burial area and associated archaeological deposits shall be temporarily fenced during construction with chain link or other City of Goleta-approved material that is flagged with color or other material authorized by City of Goleta staff to prevent v ehicular access. Similar fencing procedures shall be implement ed to prevent equipment or material staging activities from occurring on top of or near significant surface archaeologi cal deposits that would not otherwise be affected by project construction.
b. Only shallow-rooted vegetation (l ess than 12-inches deep) shall be planted within 50 feet of th e burial area, as defined in the Phase 2 report (Wilcoxon 2000). The area shall be capped with a thin layer of appropriate fill material and if re-vegetated, only with shallow-rooted ground cover as defined above. Irrigation line trenching shall be avoided in this area, or if needed shall be placed within proposed fill soils to prevent trenching disturbances into the archaeological deposit in the burial area.
c. The CA-SBA-53 burial area incl uding a 50-foot buffer area shall be incorporated into the projec t design as “Unbuildable Open Space.” Existing vegetation in this area shall either be maintained at a height that obscures the ground surface or it shall be planted with other shallow-rooted vegetati on consistent with the project landscaping plan (see measure ARCH-3 (Condition #38) for other planting restrictions).

Plan Requirements and Timing: The confidential arc haeological exhibit based on 212919ARCHEX3.D WG (January 2002) and final grading plan shall indicate the burial area as a sensitive avoidance and identify the locations of fencing to protect the re source during construction. The final landscaping plan shall incorporate pl anting specifications within the burial area. The area shall not be identified as a burial area or an archaeological 88 Exhibit C
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site on the informational sheet, but simply as an “Unbuildable Open Space” Area. If the area is to be revegetated, the applicant shall post a performance security with the City of Goleta to establish and maintain plantings for a five- (5) year period. The final grading plan and landscape plan shall be reviewed and approved by City of Goleta staff prior to Land Use Permits for the appropriate phase of development.

MONITORING: City of Goleta staff shall review the plans to verify compliance. City of Goleta shall site inspect the landscaping for installation prior to issuance of occupancy clearance for the first phase and shall site inspect periodically and at the end of the maintenance period prior to release of the performance security.

44. The World War II ammunition stor age building and Cold War Flight Physics Range Building shall be photographed and documented (measured drawings) by a City-qualifi ed architectural historian. The documentation shall be completed c onsistent with professional standards for archival presentation to the Goleta Historical Society and University of California, Special Collections Library. (Mitigation Measure ARCH-10).

Plan Requirements and Timing: The archival docume ntation shall be reviewed and approved by City of Go leta staff prior to Land Use Clearance for the appropriate phase of development.

MONITORING: City of Goleta staff shall ensure written acknowledgement from the Goleta Historical Societ y and UCSB that the archival documentation has been received.

BIOLOGICAL RESOURCES

45. Best available erosion and sedi ment control measures shall be implemented during grading and construction. Best available erosion and sediment control measures shall incl ude but not be limited to the use of sediment basins, gravel bags, silt fences, geo-bags or gravel and geotextile fabric berms, erosion control blankets, co ir rolls, jute net, and straw bales.

Temporary construction fencing with material satisfactory to the City of Goleta shall be installed to indicate the grading limits in the field to minimize disturbance to adjacent habitats. Drainage channel inlets shall be protected from sediment-laden waters by use of inlet protection devices such as gravel bag barriers, filter fabric f ences, block and gravel filters, and excavated inlet sediment traps. Sediment control measures shall be maintained for the duration of the gr ading period and until graded areas have been stabilized by structures, long-term erosion control measures, or landscaping. (Mitigation Measure BIO-1.1).

Plan Requirements and Timing: The erosion and sediment control structures shall be located and detailed on the erosion and sediment control plan. Fencing shall be shown on the pl ans and shall occur prior to site grading and remain in place throughout all gr ading and construction activities. The erosion and sediment control plan shall be submitted with grading and drainage plan s to PES for review and approval prior to approval of a Land Use Permit for each phase. The plan shall be 89 Exhibit C
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implemented prior to commencement of grading and construction of each phase.

MONITORING: City of Goleta staff shall site inspect prior to the commencement of, and as needed, during all gradi ng and construction activities of each phase.

46. During construction, wash ing of concrete, paint, or equipment, as well as the parking, maintenance, and refueling of equipment, shall occur only in areas where polluted water and materials can be contained for subsequent removal from the project site. Wash water shall not be discharged to the storm drains, street, drainage ditches, creeks, or wetlands. Areas designated for washing functions shall be located at least 100 feet from any storm drain, water body, or sensitive biological resources. The location(s) of the washing area(s) shall be clearly designated at the construction site with signs. (Mitigation Measure BIO-1.2).

Plan Requirements and Timing: The applicant shall designate wash-out area(s) acceptable to PES, and this shall be shown on grading and building plans. PES shall review the wash-off area location(s) as designated on all plans prior to approval of a Land Use Permit for each phase.

MONITORING: City of Goleta staff shall check plans prior to approval of Land Use Permits and shall site inspect throughout the construction period of each phase to ensu re proper use and maintenance of the washout area(s).

47. A permanent biofilter/bioswale system shall be constructed to treat storm water runoff from the site. The biofilter/bioswale system shall be designed by a registered civil engineer specializi ng in water quality or other qualified professional to ensure that the retention time of water and the plants selected are adequate to reduce conc entrations of the tar get pollutants. Where feasible, local plant sources (i.e., collected from the watershed or propagated from cuttings or seed collected from the watershed) shall be used in the biofilter. Invasive plants shall not be used in the biofilter. Biofilters shall not replace existing riparian vegetation or native vegetation unless otherwise approved by Planning and Environmental Services. (Mitigation Measure BIO-1.3).

Plan Requirements and Timing: The applicant shall include the biofilter design, including the plant palette and the source of plant material, on the grading and drainage and landscape plans, and depict it graphically. The applicant shall submit a maintenance plan for the biofilter to Planning and Environmental Services for review an d approval. A performance security shall be required to ensure installation and a five-year maintenance period.

Long-term maintenance shal l be the responsibility of the landowner.

Maintenance requirements shall be specified in a maintenance program 90 Exhibit C
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submitted by the landowner. The plans and a copy of the long-term maintenance program shall be submitte d to Planning and Environmental Services for review prior to approval of a Land Use Permit for each phase.

MONITORING: Planning and Environmental Se rvices staff shall site inspect for installation and periodically inspect for maintenance throughout the five-year performance period. Pe rformance security release requires Planning and Environmental Services approval.

48. The three healthy oak trees to be removed shall be replaced on a 10:1 basis with minimum 1-gall on size saplings, grown as feasible from seed obtained from the same watershed as the project site. The 30 replacement oak tree saplings shall be incorporated into the project landscape plan in clusters in the upland areas surrounding the restored wetland habitat consistent with the Final Wetland Restoration Plan, to enhance their habitat value to wildlife. All sapl ings shall be irrigated by a drip irrigation system w i t h a t i m e r . T r e e s s hall be irrigated and main tained until established (minimum five years). T he plantings shall be prot ected from predation by wild and domestic animals, and from human interference by the use of staked fencing and gopher fencin g during the maintenance period. (Mitigation Measure BIO-2).

Plan Requirements: Prior to approval of a Land Use Permit for the first development phase, the applicant sha ll submit grading plans, building plans and the tree protection and replac ement plan to City of Goleta staff and Design Review Board for review and approval. All aspects of the plan shall be implemented as approved. Timing: Prior to site grading, trees shall be planted, fenced, and irrigated.

MONITORING : City of Goleta staff shall conduct site inspections throughout all phases of development to ensure compliance with and evaluate all tree protection and replacement measures.

49. The applicant shall submit a Final We tland Mitigation Plan to address project- generated impacts on wetland resources. The Mitigation Plan shall be prepared by a City-approved qualified biologist or restoration ecologist. The Mitigation Plan shall include a Revis ed Final Wetland Restoration Plan to restore and revegetate all wetland areas disturbed by construction of project improvements. Where wetlands are per manently lost to development, the plan shall include provisions for the enhancement (restoration and/or revegetation) of onsite wetlands to achieve a minimum 3:1 replacement ratio to mitigate unavoidable wetland losses. New we tland habitats shall be created by grading and revegetating existing non-wetland areas, as defined in Figure 4.4-2 of 37-SB-EIR. The new restoration shall be located so it is in a currently disturbed area, not an area that has exis ting wetland or native upland biological benefits. Figure 4.4-2 shall be revised to add the existing habitat polygons to ensure that the restoration (a) shall connect with existing wetland resources; (b) shall replace existing disturbed upland habitat; and (c) is feasibly located for long term success. Proposed new wetland habitat shall be planted as far as feasible from the proposed recreational trail, in particular, 91 Exhibit C
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adjacent to Los Carneros Road north of Cabrillo Park Drive. Additionally, the Final Wetland Restoration Plan shall be revised to include, but not be limited to, the following: (Mitigation Measure BIO-3.1).
a. The date prepared, author, and revision dates.
b. The project description.
c. The site descrip tion and past use.
d. Discussion of vegetation and any s pecial status plant species in the vicinity of disturbance sites.
e. Discussion of the amount of vegetation lost.
f. Objectives.
g. Measures for protection of resources during construction. h. Site preparation methods.
i. Identification of su itable locations for wetland and buffe r restoration/ enhancement including planting, incl uding the oak trees required in transplanting, and hydroseeding methods. The buffer zone shall be planted with native wetland-upland transitional vegetation coastal sage shrubs and plants that occur on the margins of Goleta Slough-area wetlands.
j. A list and number of pl ants and seed mixtures (lbs /acre) to be used.

The seed stock used should be co llected from the adjacent CDF&G Reserve if feasible. If seed quantities are not available, seed collection shall be conducted within the local region limited to the South Coast area.
k. Irrigation requirements.
l. Weeding requirements and list of non-native species to be removed and methods for removal.
m. Provisions for short-term and long-term maintenance with performance criteria to be implem ented by a qualified biol ogist or restoration ecologist.
n. Establishment of perf ormance securities and a monitoring period of a least (5) years.
o. Detailed maps illustrating rest oration areas and conservation easements, if applicable.
p. Cost estimate to implement all planning, construction, and other phases of the restoration efforts, including maintenance and monitoring periods.

Plan Requirements and Timing: The Wetland Restor ation Plan (URS 2002) shall be revised consistent wit h these requirements. The revised plan shall be reviewed and approved by the City of Goleta prior to recordation of the first phase of the tract map. The approved plan shall be incorporated into the approved de velopment plan and accompany any plans submitted for approval of Phase IV.

MONITORING
: City of Goleta staff shall site inspect periodically
throughout the construction phase and immediately prior to occupancy. 92 Exhibit C
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The approved monitoring plan shall be implemented, and annual reports submitted to City of Goleta staff for re view. Corrective actions identified in the monitoring reports and by City of Goleta staff shall be implemented to the satisfaction of the City of Goleta prior to the termination of monitoring and release of performance securities.

50. Two types of performance securities to ensure installation and maintenance of the required revegetation and restoration plans, including but not limited to:
a. the oak tree replacement and;
b. wetland restoration
shall be posted prior to Land Use Pe rmit approval for removal of the oak trees and prior to Land Use Permit ap proval for the Wetland Restoration Plan. One type shall be equal to the value of installation and/or replacement of all required items; the other shall be equa l to the value of maintenance of the items for the required maintenance period of (5) years.

The amounts shall be agreed to by the City of Goleta. The installation security shall be released upon satisfactory installa tion of planted and/or seeded stock. If performance standards are achieved, the City of Goleta may release the maintenance security after (5) years. If the applicant fails to either install or maintain according to plans, the City of Goleta may collect security and complete work on the property. (Mitigation Measure BIO-3.2).

Implementation and Timing: Prior to Land Use Permit approval for removal of the oak trees and prior to Land Use Pe rmit approval for the Wetland Restoration Plan, the applicant shall enter into an agreement with the City to install, and maintain r equired vegetation for the life of the project.

MONITORING : City of Goleta staff shall fi eld check for restoration and maintenance, and site inspect prior to sign-off release of both installation and maintenance securities. City of Goleta signature is required for performance security release.

51. Building 10 and all structural development associ ated with proposed Building 10 shall be set back a mini mum of 50 feet from the southerly property boundary. The 50-foot buffer shall be entirely landscaped with species compatible with upland wetlands, including coastal scrub and alluvial scrubland vegetation. (Mitigation Measure BIO-5.1).

Plan Requirements and Timing: The applicant shall submit revised plans consistent with this requirement to Ci ty of Goleta staff and Design Review Board prior to City of Goleta approval of La nd Use Permits for the respective development phase.

MONITORING : City of Goleta staff shall site inspect the installation of required landscaping as specified in the condition prior to occupancy of Building 6, 9, and 10. A follow-up inspecti on shall be conducted approximately one year fo llowing occupancy of Buildi ng 6, 9, and 10 to ensure vegetation establishment.
93 Exhibit C
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52. The landscape plan for the area along the southern property boundary, including between proposed Building 9, 10 and the Building 6 parking area and the CDFG Reserve boundary to the so uth, shall be revised to include shrub species reaching heights over 15 feet that are co mpatible with the proposed coastal scrub and alluvial sc rubland vegetation, to maximize screening of the proposed structures and parked cars and to enhance the buffer adjacent to the wildlife habitat offsite. (Mitigation Measure BIO-5.2).

Plan Requirements and Timing: The applicant shall submit revised plans consistent with this requirement to Ci ty of Goleta staff and Design Review Board and acceptable to CDFG for revi ew and approval. Prior to City of Goleta approval of Land Use Permit s for the respective development phase.

MONITORING : City of Goleta staff shall si te inspect periodically and consult with CDFG throughout the c onstruction phase and immediately prior to occupancy of Buildings 6, 9, and 10. A follow-up inspection shall be conducted approximately one year following occupancy of Buildings 6, 9, and 10.

53. Prior to grading, planting, or weeding in the eastern lowland area, a qualified botanist shall fl ag locations of slender as ter for avoidance or, if avoidance is not feasible, for salvage and relocation in close proximity.

Since the local population occurs wit hin delineated wetland areas that are largely preserved in the project design, avoidance is feasible. Standing plants and topsoil shall be salvaged late in the growing season from any areas where impacts cannot be avoide d (e.g., adjacent to Los Carneros Road) and used to seed areas of wetland restoration as identified in the revised wetland restoration plan (URS 2002). Persistence of a local population of slender aster within the eastern lowland within at least as many locations as identified prior to proposed restoration plan grading, planting, and weeding s hall be required and will be addressed as part of the project monitoring plan (URS 2002). To miti gate the unavoidable loss of individuals and habitat of southern ta rplant in the west ern part of the site, this species shall be planted in to a buffer-transition zone surrounding the existing and restored wetland ar eas of the eastern lowland and adjacent upland areas adj acent to the proposed wetland restoration plan boundaries. To achieve this, seed sha ll be harvested from existing plants during the summer and fall and raked in to the transplant areas prior to construction. Persistence of a loca l population of southern tarplant within the eastern lowland shall be required and will be addressed as part of the project monitoring plan (URS 2002). (Mitigation Measure BIO-6).

Plan Requirements and Timing: The Wetland Restoration Plan shall be modified to describe the inclusion of habitat areas for these species, including any necessary preparation or maintenance; the collection and planting of seeds from existing plant s; and provisions for evaluating mitigation effectiveness. City of Goleta staff and Design Review Board 94 Exhibit C
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approval of the plan is required prior to approval of a Land Use Permits for grading for the respective development phase.

MONITORING : City of Goleta staff shall confirm the adequacy of the plan, the collection and han dling of seeds, the prepa ration of transplant areas, and the distribution of seeds prior to allowing the loss of habitat that supports existing populations. The undeveloped part of the eastern lowland shall be surveyed annually in conjunction with the applicant’s wetland restoration area monitoring pl an for a minimum of five years following construction (URS 2002).

ENERGY

54. The applicant shall incorporate the following energy conservation measures into project building plans unless the applicant proves that incorporation of a specific measure is infeasible: (Mitigation Measure ENERGY-1).
a. Install low NOx water heat ers and space heaters per specifications in the 1991 Air Quality Attainment Plan. b. Use light colored water-bas ed paint and roofing materials. c. Install solar panels for wate r heating systems and other facilities and/or use water heaters that heat water only on demand. d. Use passive solar cooling/heating.
e. Maximize the use of natural lighting.
f. Install energy efficient appliances and lighting.
g. Use landscaping to shade buildings and parking lots. h. Install sidewalks and bikepaths.
i. Install covered bus stops to encourage use of mass
transportation.

Plan Requirements and Timing: The applicant shall incorporate the listed provisions into building and improvem ent plans or shall submit proof of infeasibility to City of Goleta. The proposed energy conservation measures shall be incorporated into the project building an d improvement plans and reviewed and approved by City of Go leta prior to approval of a land use permit for each phase of development.

MONITORING
: City of Goleta inspectors shall inspect the project site to ensure that development is in acco rdance with approved plans prior to occupancy clearance.

FIRE/POLICE PROTECTION

55. A Fire Protection Plan shall be implemented to minimize the potential risk of fire. The plan shall include the following: (Mitigation Measure FIRE-1.1). a. Building materials for all structures including storage facility fences and accessory structures shall be constructed of fire resistant materials.
95 Exhibit C
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b. Santa Barbara County Fire Depa rtment Class A or B roofing (non- combustible tile or asphalt compos ite shakes) shall be used on all structures.

Plan Requirements and Timing: The Fire Protection Plan shall be reviewed and approved by the Santa Barbara County Fire Department prior to approval of a land use permit for each phase of deve lopment. Fire Protection Plan components shall be installed prior to occupancy of each development phase.

MONITORING : The City of Goleta shall ensure Fire Department approval prior to approval of a land use permit for each phase of development. Fire Department staff shall inspect prior to occupancy of each development phase.

56. The applicant shall provide an adeq uate number of fire hydrants as determined by the Fire Departmen t. Provisions for adequate water pressure for hydrants and sprinkle rs shall be made by the project applicant. (Mitigation Measure FIRE-1.2).

Plan Requirements and Timing: Fire hydrant locations shall be identified on the Final Development Plan and shall be reviewed and approved by the Santa Barbara County Fire Department prior to final map recordation and approval of a land use permit for the first development phase. Fire hydrants shall be installed prior to occupancy fo r the first development phase, or as determined by the Fire Department.

MONITORING : The City of Goleta shall veri fy hydrant locations on plans.

Fire Department staff shall inspect prior to occupancy of each respective development phase.

57. The applicant shall provide adequa te structural acce ss and include all- weather surface roads. (Mitigation Measure FIRE-1.3).

Plan Requirements and Timing: A Circulation Plan shall denote individual lot access and secondary emergency access routes using all- weather surfaces. The Circulation Plan shall be submitted by the applicant for review and approval by the City of Goleta and the Santa Barbara County Fire Department prior to approval of a land use permit for each phase of development. Primary access shall be installed during initial grading for each phase of de velopment and secondary access shall be completed prior to occupancy for each development phase.

MONITORING : Access and surfaces shall be reviewed and approved by the City of Goleta and C ounty Fire Department to ensure compliance with the Circulation Plan prior to occupancy of each development phase. The Fire Department and City of Goleta s hall ensure compliance through site inspections.

58. To ensure the potential for increased fi re incidents onsite are reduced to the maximum extent feasible, self-storage lease agreements shall limit the types of materials allowed within self-storage units to ex clude all flammable and toxic materials such as paint, petroleum products, fertilizers, herbicides, and other chemicals, and shall comply with Santa Barbara County Fire 96 Exhibit C
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Department regulations and the Avigat ion Easement. (Mitigation Measure FIRE-3).

Plan Requirements and Timing: If deemed required by Santa Barbara County Health Services, a Hazardous Material Business Plan shall be completed to identify any storage mate rials that would potentially require specialized Fire Departm ent response and suppression treatment and to determine consistency with the Avigation Easement. Standard self-storage lease terms shall be submitted by the applicant for review and approval by the Santa Barbara County Fire Departm ent and the City of Goleta prior to approval occupancy clearance for each self-storage building.

MONITORING : Self-storage lease terms and Hazardous Material Business Plans shall be reviewed and approved by the City of Goleta and the Santa Barbara Count y Fire Department prior to occupancy clearance of each self-storage build ing. The Fire Departm ent and City of Goleta shall ensure compliance through site inspections.

GEOLOGIC RESOURCES

59. A grading and erosion c ontrol plan shall be designed to minimize erosion and shall include the following: (Mitigation Measure GEO-1.1). a. Best management practices (BMPs), such as temporary berms and sedimentation traps, such as silt fencing, straw bales, and sand bags, shall be installed in associ ation with project grading to minimize erosion of soils and sedimentation in the storm drains that connect the site to Goleta Slough. The BMPs shall be placed at the base of all cut and f ill slopes and soil stockpile areas where potential erosion may occur and shall be maintained to ensure effectiveness. The sedimentation basins and traps shall be cleaned periodically and the silt shall be remo ved and disposed of in a location approved by the City of Goleta.
b. Non-paved areas shall be revege tated or restored (i.e., geotextile binding fabrics) immediately after grading and installation of utilities, to minimize erosion and to reest ablish soil structure and fertility.

Revegetation shall include drought-resistant, fast-growing vegetation that would quickly stabi lize exposed ground surfaces.

Alternative materials rather t han reseeding (e.g. gravel) may be used subject to review and approval by Planning and
Environmental Services and Community Services.
c. Runoff shall not be directed ac ross exposed slopes. All surface runoff shall be conveyed in a ccordance with the approved site drainage plans.
d. Energy dissipaters or similar devi ces shall be installed at the end of drainpipe outlets to minimize erosion during storm events. e. Grading shall not occur during the wet season (November 1-April 15) unless erosion control devices acceptable to the City of Goleta are implemented. Erosion control measures shall be identified on 97 Exhibit C
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an erosion control plan and sha ll prevent runoff, erosion, and siltation.
f. Site grading shall be comple ted such that permanent drainage away from foundations and slabs is provided and so that water shall not pond near proposed structures or pavements.

Plan Requirements: Final grading, drainage, and subdivision improvement plans shall be reviewed and approved by the City of Goleta prior to recordation of the final map and approval of the land use permit for each development phase. Erosion control components shall be listed on the grading and drainage plans to be reviewed and approved by the City of Goleta prior to approval of the land use permit for each development phase.

The BMPs shall remain in place for the duration of grading and construction activities for each development phase.

MONITORING : The City of Goleta shall ensure review prior to map recordation and land use permit approv al for each phase . The City of Goleta shall site inspect to verify compliance in the field during grading and construction activities.

60. The following developm ent standards shall also apply to the grading and construction portion of this project. (Mitigation Measure GEO-1.2). a. All grading and earthwork recommendations by Padre Associates (1999), including any updates, shall be incorporated into the final project design, including the Fi nal Grading Plan. All grading activities shall be supervised by a Registered Civil Engineer or Certified Engineering Geologist.
b. The applicant shall submit t he Final Grading an d Drainage Plan with the Final Development Plan/Tract Map clearance applications.

These plans shall include meas ures to prevent erosion and sedimentation into storm drains that empty into Goleta Slough. c. Within the footprint of propos ed buildings and foundations, and extending to a minimum distance of 5 feet beyond the foundation footprint, soils shall be overexca vated to a depth of 4 feet below existing grade, or 3 feet below bo ttom of foundation (whichever is deeper), to prevent foundation damage due to compressible soils.

It is possible that the proposed overexcavation of the building areas would expose a soft, yielding, an d wet subgrade that would require stabilization prior to fill placement.
d. Foundations shall be construc ted to compensate for possible liquefaction-induced settlement of 3 to 4 inches, as well as any effects of compressible soils. Additional geotechnical analyses shall be completed in associ ation with proposed foundation construction subsequent to fina l project design to re-evaluate recommendations provided by Padre Associates (1999).
e. Minimum foundation requirements for medium expansive soils and the proposed building types, as def ined by the UBC, shall be considered as minimum requi rements for foundation and slab-on- 98 Exhibit C
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grade design. Building areas s hall be backfilled with non-plastic, low expansion soils to mitigate t he potential effects of expansive soils.

Plan Requirements: Earthwork components recommended by Padre Associates (1999), incl uding any updates, shall be listed on the grading plan to be reviewed and approved by the City of Goleta prior to approval of the Land Use Permit for grading each phase. Timing: These measures shall be implemented during construction of each phase.

MONITORING : The City of Goleta shall veri fy compliance with approved measures through plan check and site inspections.

HAZARDOUS MATERIALS

61. All refuse associated with the unre gulated, former dairy farm trash dump shall be completely removed during construction of the bioswale located east of Building 5. Such removals shall be conducted under review and approval by the Sant a Barbara County Public Health Department, consistent with California Code of Regulations (CCR) Title 27 requirements for cleanup of unregulated solid waste. (Mitigation Measure HAZ-1.1).

Plan Requirements and Timing: The approximate limits of the former trash dump shall be detailed in grading and c onstruction plans for the respective phase of development. The grading plan shall be reviewed and approved by the City of Goleta, in coordination with the Santa Barbara County Public Health Department, prior to approval of a Land Use Permit for the respective phase of construction, which includes the bioswale east of Building 5.

MONITORING: The City of Goleta shall verify as to plan in the field.

62. A monitor trained in identif ication of contaminated soil shall be present for at least part of each day during site grading excavations, to determine if previously unidentified contaminat ed soil has been encountered. Such monitoring shall also be included during removal of refuse in the former dairy trash dump. The monitor sha ll make this determination based on visual signs of discolored soil, olfactory indications, dialogue with grading contractors, and/or positive readi ngs on a photoionization detector or organic vapor analyzer. The monitor shall be current with respect to Cal OSHA 40-hour training for hazardous materials.
(Mitigation Measure
HAZ-1.2).

Plan Requirements and Timing: This requirement shall be identified as a note on the grading plan for each phas e. A scope of work from the contamination specialist monitor shall be provided by the applicant to the City of Goleta. The contract shall be funded by the applicant and managed by the City of Goleta. The grading plan and contract shall be reviewed and approved by the City of Goleta prior to approval of a Land Use Permit for each respective construction phase.

MONITORING
: The City of Goleta shall in spect during construction to verify compliance with this requirement.
99 Exhibit C
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63. Construction activity shall av oid all areas undergoing remediation, including remediation infrastructure (e.g., extraction wells, monitoring wells, treatment compounds). (Mitigation Measure HAZ-2).

Plan Requirements and Timing: All on-site remediation facilities shall be detailed in grading and construction plans for each phase. The grading plan shall be reviewed and approved by the City of Gole ta, in coordination with PSD, prior to approval of a Land Use Permit for each phase of construction. The City of Goleta and PSD shall be notified by the applicant and contractor regarding any remediation activities being conducted onsite during construction.

MONITORING: The City of Goleta shall verify as to plan in the field.

64. The contamination specialist monitor shall prepare a contingency plan addressing the response requirements in the event that previously unidentified contaminated soil and/or groundwater is encountered during construction. This cont ingency plan shall include , but not be limited to, provisions for encountering potentially contaminated soil in the unregulated, former dairy trash dump , limiting access to t he contaminated area to personnel properly trained in the handli ng of hazardous waste, treatment, and/or disposal of contaminated waste, and notification of appropriate regulatory agencies, incl uding the State Departmen t of Toxic Substance Control (DTSC), Santa Barbara C ounty FPS, and Santa Barbara County Public Health Department. (Mitigation Measure HAZ-3.1).

Plan Requirements and Timing: County Fire Protection Services shall approve a Contin gency Plan, with a copy prov ided to the City of Goleta, prior to approval of a Land Use Permit for each respective phase. The grading plan for each ph ase shall include a reference to the Contingency Plan.

MONITORING: The City of Goleta and County Fire Pr otection Services shall verify as to plan in the field.

65. The contamination specialist monitor shall prepare a construction Health and Safety Plan addressing the emer gency response requirements in the event of an accidental release of hazardous materials, hazardous waste, or petroleum waste that details the potential hazards, personnel training requirements, and personnel protective equipment. This plan shall also include provisions for the potential accumulation of explosive methane gas, resulting from buried solid waste at the former dairy trash dump.

(Mitigation Measure HAZ-3.2).

Plan Requirements and Timing: The Santa Barbar a County PSD shall review and approve the Health and Safe ty Plan to ensure that the plan contains adequate measures to protect on-site workers in the event of an accidental release of hazardous materials/waste into the environment prior to approval of a Land Use Permit for each respective phase.

MONITORING
: The City of Goleta shall verify as to plan in the field.

66. To minimize pollutants impacting do wnstream waterbodies or habitat, storm drain filters/inserts, inline clarifiers, or separators shall be installed in the 100
Exhibit C
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project area storm drain inlets and/or paved areas. An initial forebay shall be designed and integrated into the bioswales to allow for easy removal and maintenance of larger, more readily settled materials be fore they enter bioswales or downstream waterbodies. The facilities shall be maintained in working order. (Mitigation Measure HAZ-4.1).

Plan Requirements and Timing: Prior to approval of a Land Use Permit for grading for each phase, the applicant shall submit grading and building plans identifying the type and location of filters/inserts to Planning & Environmental Services for review and approval. The location of such filters/inserts shall be noted on grading and buildin g plans. Filters/inserts shall be installed prior to occupancy clearance for each phase and shall be cleaned using approved me thods at least twice a year, once immediately prior to November 1st (i.e. before the start of the rainy season) and once in January. (Additional maintenance/cleaning may be required by Planning & Environmental Services and/or Community Services).

MONITORING : Planning & Environmental Se rvices and/or Community Services staff shall site inspect periodically th roughout the construction phase to ensure pr oper installation. Record s of maintenance shall be maintained by the landow ner and shall be subm itted to Planning & Environmental Services on an annual basis prior to the start of the rainy season and for five years thereafter. After the fifth year the records shall be maintained by the la ndowner and be made avai lable to Planning & Environmental Services on request. Planning & En vironmental Services staff shall review the ma intenance records and si te inspect as needed following completion of construction to ensure periodic cleanout.

67. During construction, washing of concre te trucks, paint, equipment, or similar activities shall occur only in areas where polluted water and materials can be contained for subsequent removal fr om the site. Wash water shall not be discharged to the storm drains, stre et, drainage ditches, creeks, or wetlands. Areas designated for washing functions shall be at least 100 feet from any storm drain, waterbody, or sensitive biological resources. The location(s) of the washout area(s) shall be clearly noted at the construction site with signs. (Mitigation Measure HAZ-4.2).

Plan Requirements and Timing: The applicant shall designate a washout area, acceptable to Planning & Environmental Services, and this area shall be shown on the grading and building plans. PES shall review the wash off area location as designated on all plans prior to approval of a Land Use Permit for each phase. The wash out area(s) shall be in place and maintained throughout construction.

68. A pesticide, herbicide, an d fertilizer maintenance plan shall be prepared that minimizes their use, particularly dur ing the rainy season. Biodegradable pesticides and herbicides shall be ma ximized. Grasses not generally susceptible to pest disease shall be planted in turf areas. (Mitigation Measure HAZ-4.3).
101
Exhibit C
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Plan Requirements and Timing: The plan shall incorporate the types of chemicals to be used and a procedure for their application during the rainy season. The maintenanc e plan shall be reviewed and approved by PES prior to approval of a Land Use Permit for each phase.

MONITORING: The City of Goleta shall verify as to plan in the field.

69. Proposed bioswale B8 should be reduced in gradient, such that a maximum flow rate (25-year, 24-hour storm event) of 5 cfs is achieved. Alternatively, check dams shall be placed in the ch annel to reduce flow velocity. (Mitigation Measure HAZ-4.4).

Plan Requirements and Timing: The plan should incorporate the redesigned bioswale to be used. Revised bioswale plan should be reviewed and approved by PES and Community Services prior to approval of a Land Use Permit for each phase.

MONITORING : City of Goleta staff shall verify the installation of the bioswale design in the field.

70. The applicant shall develop an emer gency response plan in coordination with the Santa Barbara Community Awareness and Emergency Response organization. The plan shall be up dated annually to reflect potential hazards associated with specific haz ardous materials used by individual tenants. (Mitigation Measure HAZ-5.1).

Plan Requirements and Timing: The emergency response plan shall be reviewed and approved by the OES. Approval and implementation of all required specifications shall be completed prior to occupancy of each phase.

MONITORING : The OES shall verify inco rporation of plan into management protocol every two years.

71. If required by existing Santa Barbara County Fire Department regulations, the applicant shall pre pare a Hazardous Material s Business Plan (HMBP) that includes a list of the types and quantities of hazardous materials/waste to be stored on-site, for landscapi ng purposes and for each commercial facility, including hazardous material building design specifications. HMBPs for each commercial facility shall also include provisions of the project emergency response plan. (Mitigation Measure HAZ-5.2).

Plan Requiremen ts and Timing: The HMBP shall be reviewed and approved by the Santa Barbara County Fire Department. Approval and implementation of all requi red specifications shall be completed prior to occupancy of each development phase.

MONITORING : The Santa Barbara County Fire Department shall inspect construction and operation as to plan in the field.

72. The applicant shall develop an Emergency Respons e Plan in coordination with the Santa Barbara County Sher iff Department. (Mitigation Measure HAZ-6.1).
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Plan Requirement s and Timing: The Emergency Response Plan shall be reviewed and approved by the County Sheriff Department prior to approval of a Land Use Permit for each phase. Approval an d implementation of all required specifications shall be completed prior to grading for each phase.

MONITORING : The City of Goleta shall verify as to plan in the field.

73. The applicant, in coordination wi th the County Sh eriff Department, Explosive Ordnance Disposal Division, shall arrange for explosive experts to give construction crews and proj ect managers an ordnance safety briefing prior to grading of each phase. (Mitigation Measure HAZ-6.2).

Plan Requirements and Timing: This requirement shall be indicated as a note on all grading and bu ilding plans. The safe ty briefing shall be completed prior to excavation and grading activities for each phase.

MONITORING: The City of Goleta shall verify as to plan in the field.

LAND USE

74. The storage of hazard ous and flammable materi als as defined in FAA regulations shall be prohibited in all self-storage facilities, and shall be noted in all storage lease documents. (Mitigation Measure LU-1).

Plan Requirement and Timing: A master lease document stating such prohibitions shall be reviewed and appr oved by the City of Goleta and the ALUC prior to approval of a Land Use Permit for teach self-storage building.

MONITORING : The City of Goleta shall verify ALUC review and approval.

75. Exterior night lighting inst alled on the project site shall be of low intensity, low glare design, and shall be hooded to direct light downward onto the subject parcel and prevent spill-ov er onto adjacent parce ls. All upward directed exterior lighting shall be prohibited to protect night sky views of the stars. All exterior lighting fixtures shall be appropriate for th e architectural style of proposed development. Pole supports shall be of a darker finish to reduce glare. Building wall-mounted and pedestrian walkway lighting fixtures shall be placed at heights that would be sufficiently high to promote project safety, but low enough to limit unnecessary spill effects. (Mitigation Measure AES- 6).

Plan Requirements and Timing: The applicant shall submit a Lighting Plan that incorporates these requir ements and that in cludes a detailed photometric diagram and details of all exterior fixtures. The locations of all exterior lighting fixtures and an arrow sh owing the direction of light being cast by each fixture and the height of the fixtur es (including any base support structure) shall be depicted on the Lighting Plan. The plan shall be reviewed and approved by the City of Goleta and the Airport Land Use Commission (ALUC) prior to map recordation and approv al of land use clearance for the first development phase and each subsequent phase, as applicable.
103
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MONITORING : The City of Goleta shall ensure final review consistent with this requirement prior to map recordation and approval of a land use permit for the first phase and each subsequent phase, as applicable; and shall site inspect for compliance prior to occupancy clearance for each phase.

76. Exterior structure window glass shall be entirely glare-resistant (i.e., tinted) to eliminate the adverse daytime effects of sun reflecting off this material. (Mitigation Measure AES-7).

The plans shall also be forwarded to the Airport Land Use Commission (ALUC) by the City of Goleta for revi ew and comment prior to approval of a land use permit for each phase.

MONITORING
: The City of Goleta shall ensure final review consistent with this requirement prior to approval of a land use permit fo r the first phase and each subsequent phas e and shall site inspect for compliance prior to occupancy clearance for each phase.

77. The wetland enhancement and new culv ert under Los Carneros Road shall be designed so that the depth of water over current conditions shall not be increased, and so that open water on the site and in the receiving wetland area on Airport property does not pe rsist longer than it would without enhancement. The Airport shall have the authority to require drainage modifications as necessary to avoid increases in bird-airplane strike hazard (BASH). (Mitigation Measure LU-4.1).

Plan Requirements and Timing: In conjunction with final grading and drainage plans, the applicant shall pr ovide evidence from hydrologic studies that the extent of ponding will not increase and, if necessary provide re-design or drainage improvements to maintain ponding depths at no greater than recent historic leve ls. City of Goleta approval of the final grading and drainage plans, in c onsultation with the Santa Barbara Airport, is required prior to appr oval of a Land Use Permit for the respective development phase.

MONITORING
: Ponding and drainage on the east ern lowland area and in the receiving wetland ar ea on the Santa Barbara Ai rport property across Los Carneros Road shall be evaluated by the City of Goleta and the Santa Barbara Airport, during the first ra iny season following construction, and subsequently as deemed necessary by SBMA.

78. Food scraps shall be cleaned up daily, and signs shall be posted to discourage feeding of birds, either in tentionally or inadvertently. All trash receptacles shall be co vered and wildlife-proof, and shall be placed at regular intervals around the walking/jogging trail. (Mitigation Measure LU-

4.2).

Plan Requirements and Timing: The applicant shall provide description of containers, their locations, and pi ckup schedules to the City of Goleta.

Approval by the City of Goleta, incl uding the Design Review Board, is 104
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required prior to approval of a Land Use Permit for each development phase.

MONITORING : Prior to and periodically during occupancy or public use, the City of Goleta shall conduct a site inspection to confirm consistency with the approved plan.

79. In order to prevent gul ls and other flocking birds from being flushed from the ground into the air where they may become a BASH risk, dogs and other pets shall be kept on a leash at all times. Signs shall be posted stating this requirement and providin g the phone number where violations can be reported to the local animal control offi ce. Reports of any violations shall be forwarded to the Santa Barbara Airport. (Mitigation Measure LU-4.3).

Plan Requirements and Timing: The landscaping plan for the project shall specify the design and location of signs advising of leashing requirements. Signs sha ll require separate permits . The City of Goleta, including the Design Review Board, approval of signage permits is required prior to approval of a Land Use Permit for the respective development phase.

MONITORING : Prior to and periodically during occupancy or public use, the City of Goleta and/or Santa Barbara Air port staff shall conduct a site inspection to confirm that these requirements have been met.

80. The final project design and landscape plan shall be reviewed and approved by the FAA, with any minor revision s to HVAC roof pl acement and height, and landscape plan species along Los Carneros Road. (Mitigation Measure LU-6).

Plan Requirement and Timing: The applicant shall provide documentation of the final FAA review and final determination prior to approval of a Land Use Permit for each development phase.

MONITORING : The City of Goleta shall verify FAA review and approval.

NOISE

81. Construction activity for site prepa ration and for future development shall be limited to the hours between 7:00 A.M. and 4:00 P.M., Monday through Friday.

No construction shall occur on state holidays (e.g., Thanksgiving, Labor Day).

Construction equipment maintenance shall be limited to the same hours.

Non-noise generating construction activities such as interior painting are not subject to these restrictions. (Mitigation Measure NS-1.1).

Plan Requirements and Timing: This measure shall be included as a note on the grading and building plans, and reviewed and approved by the City of Goleta prior to approval of a l and use permit for the first and each subsequent phase of development. Signs stating these restrictions shall be provided by the applicant and posted on site. Signs shall be in place prior to beginning of and throughout grading and construction activities. Violations may result in suspension of permits. A construction haul route shall be 105
Exhibit C
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reviewed and approved by the City of Goleta prior to approval of a land use permit for the first and each subsequent phase of development.

MONITORING: The City of Goleta shall site inspect to ensure compliance and respond to complaints.

82. To reduce effects of construction noise below 65 dBA CNEL on sensitive receptors within 1,600 feet of the project site, the applicant shall develop and implement a Construction Noise Control Plan (in consultation with an acoustician) for each phase of construction. The plan, at a minimum, shall contain the following components: (Mitigation Measure NS-1.2). a. Identification of t he Area of Construction and Preliminary Project Schedule.
b. Identification of cons truction activities, their specific locations, and anticipated noise leve ls which would be experienced at sensitive noise receptor locations within 1,600 feet of the project site. c. Description of how sound blocki ng or reducing measures will be used.
d. Mapped identificatio n of the required sound blocking/reducing measures with relation to sensitive receptors.
e. Notification to sensitive receptors and contiguous property owners with a preliminary construction acti vity schedule in advance of any and all construction activities. The construction manager’s (or representative’s) telephone number shall also be provided with the notification so that community concerns can be communicated. f. Verification methods to monitor for compliance.

Plan Requirements and Timing: The Noise Control Plan shall be included on the grading pl an, and reviewed and approved by the City of Goleta prior to approv al of a land use perm it for each phase of development. The plan shall be implemented during construction. The applicant shall submit a copy of the construction activity schedule, mailing list, and proof of mailing to the City of Goleta prior to initiation of any earth movement.

MONITORING: The City of Goleta shall site inspect to ensure compliance in the field during construction and respond to complaints.

83. All loading zones, trash bins, etc. associated with large delivery and trash trucks shall be sited or screened as to minimize project-generated noise from sensitive receptors living at the Storke Ranch and UCSB Married Student Housing complexes. A Noise Attenuatio n Plan shall be prepared that provides for the following: (Mitigation Measure NS-4). a. Industrial delivery areas shall be sited on the north side of proposed structures and/or attenuated appropriately to ensure that proposed project noise levels measured at the southern project boundary shall not exceed 65 dBA CNEL.
106
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Plan Requirements and Timing : The Noise Attenuation Plan shall be developed by a City of Go leta-qualified acoustic engineer. Any sound wall and noise-attenuation design shall be reviewed and approved by the City of Goleta, including the Design Review Board, prior to approval of a land use permit for development of Phases V, VI, VII, VIII, and IX. Any required screening walls shall be constructed prior to occupancy.

MONITORING: The City of Goleta shall verify as to plan in the field during construction.

PUBLIC FACILITIES

84. During the construction phase of the project, the applicant shall implement the following measure to reduce solid waste generation: (Mitigation Measure PF-1).
a. Prior to construction, the contra ctor shall arrange for construction recycling service with a waste collect ion provider. Roll-off bins for the collection of recoverable construction materials shall be located onsite.

Materials earmarked for recycling incl ude: wood, conc rete, drywall, metal, cardboard, asphalt, soil, and land clearing debris (greenwaste).

Sorting of general construction debris and materials shall be done both on- and off-site in coordination with recycling/ waste collection provider. b. Contractor shall des ignate a person to monito r recycling efforts and collect receipts for roll-off bins and/or constr uction waste recycling and track the names and locations of markets for construction and demolition waste, recycling, and disposal for all materials taken of f the site. All subcontractors shall be informed of the recycling plan, including which materials are to be s ource-separated and placed in proper bins (see materials earmarked above).
c. These construction waste-recycling measures shall be incorporated into the construction specifications for the contractor.

Plan Requirements and Timing: The applicant shall submit a Construction and Demolition Solid Waste Management Plan documenting compliance with the above mitigation to t he City of Goleta for revi ew and approval prior to recordation of the tract map and or the issuance of the land use permit for each development phase. The Plan shall be updated, as necessary, prior to approval of a land use permit for each phase.

MONITORING: The City of Goleta shall review recycling information provided during grading and construction and shall periodically inspect in the field for compliance.

85. The applicant shall develop and implement a Solid Waste Management Plan for operation of all phases of development. The plan shall include, but not be limited to, the following: (Mitigation Measure PF-2). a. Provision of designated space and/or bins for storage of recyclable materials including office paper, cardboard, and beverage containers within each tenant’s suite;
107
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b. Development of a plan for accessible collection of materials on a regular basis;
c. Regular composting of lawn clippings and other landscape materials; d. Provision of a tenant/employe e education pamphlet to be used in conjunction with available Santa Ba rbara County and federal source reduction educational materials. The pamphlet shall be provided to all tenants by the leasing/property management agency;
e. Purchase and use of materials made from recycled materials; f. Encouragement of two-sided copying and use of reusable dishware in employee kitchen areas;
g. Inclusion of lease language requiring tenant participation in recycling/waste reduction programs, including the specification that janitorial contracts include compliance with recycling requirements; and h. A monitoring program (annual) to ensure at least 50 percent participation in overall waste disposal, using source reduction, recycling, and/or composting programs.

Plan Requirements and Timing: The Solid Waste Management Plan shall be reviewed and approved by t he City prior to map recordation and again at the time of land use permit approval for each phase (with updates to the Plan as appropriate with each land use permit).

MONITORING: The City of Goleta shall ensur e final review of the plan consistent with this requi rement prior to map recordati on/land use permit approval and shall perform periodic site inspections to ensure compliance.

86. All existing bathroom fixtures in structures shall be retrofitted to be consistent with existing state regulat ions requiring low flow water fixtures (2.0 gallons/minute) and toilets (1.6 gallons/flush). (Mitigation Measure PF-3.1).

Plan Requirements: Retrofit of indoor water-conserving measures shall be graphically depicted on building plans. Timing: The City of Goleta shall review and approve building plans prior to approval of a land use permit for the first phase of development. Indoor water-conserving measures shall be implemented prior to occupancy clearance for the first phase.

MONITORING : The City of Goleta shall field check for compliance.

87. All proposed lavatories and drinking fountains shall be equipped with self- closing valves. (Mitigation Measure PF-3.2).

Plan Requirements: Indoor water-conserving measures shall be graphically depicted on building plans. Timing: Building plans shall be reviewed and approved by the City of Goleta prior to approval of a land use permit for each phase. Indoor water-conser ving measures shall be implemented prior to occupancy clearance for each phase.

MONITORING : The City of Goleta shall field check for compliance. 108
Exhibit C
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88. The applicant shall provide evidence of service to each lot from the Goleta West Sanitary District prior to recor dation of the tract map and a Can and Will Serve Letter for each phase of development indicating that adequate sewer service is available to serve the project. (Mitigation Measure PF-

3.3).

Plan Requirements and Timing: The applicant shall provide evidence of service prior to recordation and a copy of the Can and Will Serve Letter to the City of Goleta prior to approval of a land use permit for each phase.

MONITORING : The City of Goleta shall verify acceptance of the can and will serve letter.

RECREATION

89. To ensure continued public access to recreational faciliti es on site, project site trails shall be constructed to City of Goleta standards and specifications to ensure accommodation of public access and preclude encroachment in adjacent wetland enhancement areas. Signage shall be provided to identify public access to these areas. (Mitigation Measure REC-3).

Plan Requirements and Timing: Details of proposed trails shall be submitted for review and approval by the City of Goleta prior to land use permit approval for trail construction. Details of proposed signage shall be consistent with the project’s approved Overall Sign Plan (see AES-8), and shall be submitted for revi ew and approval by the Cit y of Goleta, including the Design Review Board, prior to sign certificate of conformance approval.

MONITORING : The City of Goleta shall en sure final review consistent with this requirement prior to approv al of a land use permit for trail construction and prior to approval of a sign certificate of conformance for trail signage. The City of Goleta shall site inspect for compliance and to ensure proper installation of signage.

TRANSPORTATION/CIRCULATION

90. The applicant shall im plement, or provide for implementation of, an additional northbound lane on Storke Road north of Hollister Avenue. (Mitigation Measure TR-1).

Plan Requirements and Timing: The applicant shall submit Improvement Plans for review and approval by the City of Goleta. Timing of mitigation shall be per the approved phasing plan. Cost of improvements and/or paym ent of fees shall be per the Development Agreement.

MONITORING: The City of Goleta shall ensure compliance prior to land use permit, building permit, or occupancy clearance as appropriate, for the applicable phase.

91. The applicant shall impl ement, or provide for implementation of, widening Los Carneros Road between Hollister Avenue and the Goleta City limits. (Mitigation Measure TR-2).
109
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Plan Requirements and Timing: The applicant shall submit Improvement Plans for review and approval by the City of Goleta. Timing of mitigation shall be per the approved phasing plan. Cost of improvements and/or paym ent of fees shall be per the Development Agreement.

MONITORING: The City of Goleta shall ensure compliance prior to land use permit, building permit, or occupancy clearance as appropriate, for the applicable phase.

92. The applicant shall pay traffic miti gation fees, for impacts on Los Carneros Road south of the City limits to El Colegio Road, as determined by the City of Goleta for the project’s fair share of the costs of necessary improvements through an agr eement between the City of Goleta and the County of Santa Barbara. This agreement would provide the mechanism to transfer applicable fees to the ot her jurisdiction. (Mitigation Measure TR-3).

Plan Requirements and Timing: Timing of mitigation shall be per the approved phasing plan. Paym ent of fees shall be per the Development Agreement. The funding shall be tr ansferred to the County of Santa Barbara according to an agreement to be established bet ween the City of Goleta and County of Santa Barbara.

MONITORING: The City of Goleta shall ensure compliance prior to land use permit, building permit, or occupancy clearance as appropriate, for the applicable phase.

93. The applicant shall implement, or provide for implementation of, a northbound free right-turn lane on Los Carneros Road to mitigate the impacts at the Los Ca rneros Road/US 101 SB Ramps intersection requiring replacement and widening of the railr oad overhead. The applicant shall provide funding directed to: the extension of the northbound right-turn lane approximately 600 feet to join the northbound acceleration lane at Calle Koral; traffic islands for right-turn channelization; and a bicycle signal with push-button activation to facilitate bicycle crossing at the right-turn channelization. (Mitigation Measure TR-5).

MONITORING : The City of Goleta shall ensure compliance prior to land use permit, building permit, or occupancy clearance as appropriate, for the applicable phase.

94. The applicant shall im plement, or provide for implementation of, an additional northbound through lane at the Los Carneros Road/Calle Koral intersection which would extend to the Los Carneros/U.S. 101 SB Ramps intersection. This improvement shall allow bicycle traffic to continue north without conflicts. (Mitigation Measure TR-6).
110
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Plan Requirements and Timing: The applicant shall submit Improvement Plans for review and approval by the City of Goleta. Timing of mitigation shall be per the approved phasing plan. Cost of improvements and/or paym ent of fees shall be per the Development Agreement.

MONITORING: The City of Goleta shall ensure compliance prior to land use permit, building permit, or occupancy clearance as appropriate, for the applicable phase.

95. The applicant shall pay traffic mitigat ion fees, for impacts at Los Carneros Road/El Colegio Road, as determined by the City of Goleta for the project’s fair share of the costs of necessary improvements through an agreement between the City of Goleta and the County of Santa Barbara.

This agreement would provide the me chanism to transfer applicable fees to the other jurisdiction. (Mitigation Measure TR-7).

Plan Requirements and Timing: Timing of mitigation shall be per the approved phasing plan. Paym ent of fees shall be per the Development Agreement. The funding shall be tr ansferred to the County of Santa Barbara according to an agreement to be established between the City of Goleta and County of Santa Barbara.

MONITORING: The City of Goleta shall ensure compliance prior to land use permit, building permit, or occupancy clearance as appropriate, for the applicable phase.

96. The applicant shall inst all traffic signals at the Hollister Avenue/Coromar Drive/Cabrillo Park Drive intersections. (Mitigation Measure TR-8).

MONITORING: The City of Goleta shall ensure compliance prior to land use permit, building permit, or occupancy clearance as appropriate, for the applicable phase.

97. The applicant shall prov ide for signalizing the Los Carneros Road/Cabrillo Park Drive intersection. The si gnal shall be interconnected with the signals at Los Carneros Road/Ho llister Avenue and Los Carneros Road/Mesa Road so that progression through the intersections could be provided if desired. (Mitigation Measure TR-9).

Plan Requirements and Timing: The applicant shall submit Improvement Plans for review and approv al by the City of Goleta and the Santa Barbara Airport. Timing of mi tigation shall be per the approved phasing plan. Cost of improvements and/or payment of fees shall be per the Development Agreement.
111
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MONITORING: The City of Goleta shall ensure compliance prior to land use permit, building permit, or occupancy clearance as appropriate, for the applicable phase.

98. Implementation of Mitigation Measur e TR-1 (Condition #90), would reduce the project’s contribution to cumulative roadway capacity impacts on Storke Road north of Hollister Avenue. (Mitigation Measure TR-12).

MONITORING: The City of Goleta shall ensure compliance prior to land use permit, building permit, or occupancy clearance as appropriate, for the applicable phase.

99. Implementation of Mitigation Measur e TR-2 (Condition #91), would reduce the project’s contribution to cumulative roadway capacity impacts on Los Carneros Road south of Hollister Av enue to the City li mits. (Mitigation Measure TR-13).

MONITORING
: The City of Goleta shall ensure compliance prior to land use permit, building permit, or occupancy clearance as appropriate, for the applicable phase.
100. The applicant shall pay traffic miti gation fees, for impacts on Los Carneros Road south of the City limits to El Colegio Road, as determined by the City of Goleta for the project’s fair share of the costs of necessary improvements through an agr eement between the City of Goleta and the County of Santa Barbara. This agreement would provide the mechanism to transfer applicable fees to the ot her jurisdiction. (Mitigation Measure TR-14).

MONITORING : The City of Goleta shall ensure compliance prior to land use permit, building permit, or occupancy clearance as appropriate, for the applicable phase.
101. Implementation of Measure TR-8 (Condition #96), would reduce the project’s contributions to the cumulative intersection impact at the Hollister 112
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Avenue/Coromar Drive-Cabrillo Park Drive intersection. (Mitigation Measure TR-16).

MONITORING: The City of Goleta shall ensure compliance prior to land use permit, building permit, or occupancy clearance as appropriate, for the applicable phase.
102. Payment of GTIP traffic mitigat ion fees would re duce the project’s contributions to the cumulative intersection impacts at the Storke Road/Hollister Avenue intersection. (Mitigation Measure TR-17).

Plan Requirements and Timing: Timing of mitigation shall be per the approved phasing plan. Paym ent of fees shall be per the Development Agreement.

MONITORING: The City of Goleta shall ensure compliance prior to land use permit, building permit, or occupancy clearance as appropriate, for the applicable phase.
103. Implementation of TR-5 (Conditi on #93), would reduc e the project’s contributions to the cumulative in tersection capacity impact at the Los Carneros/U.S. 101 SB Ramps intersection. (Mitigation Measure TR-18).

MONITORING: The City of Goleta shall ensure compliance prior to land use permit, building permit, or occupancy clearance as appropriate, for the applicable phase.

104. Implementation of Measure TR-6 (Condition #94), would reduce the project’s contributions to the cumulative intersection capacity impact at the Los Carneros Road/Calle Koral intersection. (Mitigation Measure TR-19).

MONITORING
: The City of Goleta shall ensure compliance prior to land use permit, building permit, or occupancy clearance as appropriate, for the applicable phase.
113
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105. Payment of GTIP traffic mitigat ion fees would re duce the project’s contributions to the cumulative intersection impacts at the Los Carneros Road/Hollister Avenue intersection. (Mitigation Measure TR-20).

Plan Requirements and Timing: Timing of mitigation shall be per the approved phasing plan. Payment of fees shall be per the Development Agreement.

MONITORING: The City of Goleta shall ensure compliance prior to land use permit, building permit, or occupancy clearance as appropriate, for the applicable phase.
106. Implementation of Measure TR-9 (Condition #97), would reduce the project’s contributions to the cumulative intersection capacity impact at the Los Carneros Road/Cabrillo Park Driv e intersection. (Mitigation Measure TR-21).

MONITORING
: The City of Goleta shall ensure compliance prior to land use permit, building permit, or occupancy clearance as appropriate, for the applicable phase.
107. Implementation of Mitigation Measur e TR-2 (Condition #91), would reduce the project’s contribution to cumulative roadway capacity impacts on Los Carneros Road south of Hollister Av enue to the City li mits. (Mitigation Measure TR-22).

MONITORING: The City of Goleta shall ensure compliance prior to land use permit, building permit, or occupancy clearance as appropriate, for the applicable phase.
108. The applicant shall pay traffic miti gation fees, for impacts on Los Carneros Road south of the City limits to El Colegio Road, as determined by the City of Goleta for the project’s fair share of the costs of necessary improvements through an agr eement between the City of Goleta and the County of Santa Barbara. This agreement would provide the mechanism to transfer applicable fees to the ot her jurisdiction. (Mitigation Measure TR-23).

Plan Requirements and Timing: Timing of mitigation shall be per the approved phasing plan. Paym ent of fees shall be per the Development Agreement. The funding shall be tr ansferred to the County of Santa 114
Exhibit C
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Barbara according to an agreement to be established bet ween the City of Goleta and County of Santa Barbara.

MONITORING: The City of Goleta shall ensure compliance prior to land use permit, building permit, or occupancy clearance as appropriate, for the applicable phase.
109. Implementation of Measure TR-8 (Condition #96), would reduce the project’s contributions to the cumulative intersection impact at the Hollister Avenue/Coromar Drive-Cabrillo Park Drive intersection. (Mitigation Measure TR-25).

MONITORING: The City of Goleta shall ensure compliance prior to land use permit, building permit, or occupancy clearance as appropriate, for the applicable phase.
110. Implementation of Mitigation Measure TR-1 (Condition #90), would reduce the project’s contribution to cumulative roadway capacity impacts on Storke Road north of Hollister Avenue. (Mitigation Measure TR-26).

MONITORING: The City of Goleta shall ensure compliance prior to land use permit, building permit.
111. Implementation of Measure TR-9 (Condition #97), would reduce the project’s contributions to the cumulative intersection capacity impact at the Los Carneros Road/Cabrillo Park Driv e intersection. (Mitigation Measure TR-27).

MONITORING
: The City of Goleta shall ensure compliance prior to land use permit, building permit, or occupancy clearance as appropriate, for the applicable phase.
112. The applicant shall pay traffic miti gation fees, for impacts on Los Carneros Road/Mesa Road, as determined by the City of Goleta for the project’s fair share of the costs of necessary improvements through an agreement between the City of Goleta and t he County of Santa Barbara. This 115
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agreement would provide the mechanism to transfer applicable fees to the other jurisdiction. (Mitigation Measure TR-28).

MONITORING: The City of Goleta shall ensure compliance prior to land use permit, building permit, or occupancy clearance as appropriate, for the applicable phase.

WATER RESOURCES
113. Outdoor water use shall be limited through the measures listed below. (Mitigation Measure WR-1.1).
a. Landscaping shall be with native and drought tolerant species, or drought tolerant Mediterranean specie s within project landscaping.

Drought tolerant fescue, or its equi valent, should be used in all turf areas.
b. Drip irrigation or other water-conserving irrigation shall be installed. c. Plant material shall be grouped by water needs.
d. Turf shall constitute less than 20% of the total landscaped area. e. Extensive mulching (2” minimum) shall be used in all landscaped areas to improve the water holding ca pacity of the soil by reducing evaporation and soil compaction.

Plan Requirements and Timing: Prior to approval of a Land Use Permit, a landscape and irrigation plan shall be submitted to the City of Goleta, including the Design Review Board, for review and approval. The applicant/owner shall ente r into an agreement wi th the City to install required landscaping/irrigation and maintain landscaping for the life of the project. The applicant shall implemen t all aspects of the landscape and irrigation plan prior to ap proval of a Land Use Perm it for each phase of development.

MONITORING
: The City of Gole ta shall conduct site visits to ensure installation and maintenance of landscape and irriga tion. Any part of the irrigation plan requiring a plumbing permit shall be shown on building plans and shall be inspected by Building Inspectors.
114. Reclaimed water shall be used for exterior turf landscaping, where physically and financially feasible, as determined by the City of Goleta. (Mitigation Measure WR-1.2).

Plan Requirements and Timing: This measure shall be included as a note on the Final Landscape and Utility Pl ans. Prior to the approval of a Land Use Permit for each phase, the determi nation as to the feasibility of 116
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using the reclaimed water for projec t landscaping shall be made by the City of Goleta with coordination from the Goleta Water District and Environmental Health Services. Avai lability of reclaimed water shall be established prior to approval of a Land Use Permit fo r each phase of development.

MONITORING: If required, the City of Gole ta staff shall insure the improvement plans include dual plumbing systems for the use of reclaimed water and inspect activities in the field to ensure installation according to plan.
115. Reclaimed water shall be used for a ll dust suppression activities during grading and construction, where physic ally and financially feasible, as determined by the City of Goleta. (Mitigation Measure WR-1.3).

Plan Requirements and Timing : This measure shall be included as a note on the grading plans. Prio r to the commencement of earth movement for each phase, the determinat ion as to the feasibility of using the reclaimed water for dust suppr ession during all ground disturbances, when dust suppression is required, s hall be made by the City of Goleta with coordination from the Gole ta Water District and County Environmental Health Services. T hese measures shall be implemented during construction of each phase.

MONITORING : The City of Goleta staff shall inspect activities in the field to ensure non-potable water is being used in water trucks. 116. Indoor water use in existing remodeled and new structures shall be limited through the use of indoor water co nservation measures. (Mitigation Measure WR-1.4).

Plan Requirements and Timing: Prior to approval of Land Use Clearance, indoor water conserving measures shall be graphically depicted on building plans, subject to the City of Goleta review and approval. Indoor water-conserving m easures shall be implemented prior to occupancy clearance for each phase.

MONITORING
: The City of Goleta shall in spect for all requirements prior to occupancy clearance.
117. The final drainage plan shall incorporate the following components in order to minimize potential water quality impacts: (Mitigation Measure WR-1.5). a. Calculations that verify surface water detention basins and bioswales shall not result in increased off-site runoff velocities from existing conditions as designed to preven t off-site flooding and erosion- induced sedimentation in Goleta Slough.
b. Final grading and drainage plans for the proposed development shall be designed to prevent on- and off- site flooding, and to ensure adequate sizing of the detention basins and outlet pipes. c. The existing 24-inch storm drai npipe that crosses Los Carneros Road shall either be made functional or replaced with a new 24-inch 117
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reinforced concrete pipe, or ot her more appropriate size, as determined through additional analyses in association with creation of the final drainage plan.

Plan Requirements and Timing: The final drainage plan shall be reviewed and approved by the City of Goleta, including the Design Review Board, prior to approval of a Land Use Permit for each phase of development.

MONITORING : The City of Goleta shall inspect for all requirements prior to occupancy clearance.
118. The applicant shall submit proof of ex emption or a copy of the Notice of Intent to obtain covera ge under the Construction General Permit of the National Pollutant Discharge Eliminat ion System issued by the California Regional Water Quality Control Board. (Mitigation Measure WR-1.6).

Plan Requirements and Timing: The applicant shal l submit proof of exemption or a copy of the Notice of Intent and shall provide a copy of the required Storm Water Pollution Prevention Plan (SWPPP) to PES for review and approval prior to ap proval of a Land Use Perm it for each phase. A copy of the SWPPP shall be maintain ed on the project site during grading and construction activities.

MONITORING : PES shall review the documentation prior to approval of a Land Use Permit for each phase. City of Goleta staff shall site inspect during construction for compliance with the SWPPP.
119. Best available erosion and sediment control measures shall be implemented during grading and construction. Best available erosion and sediment control measures shall include but not be limited to the us e of sediment basins, gravel bags, silt fences , geo-bags or gravel and geotextile fabric berms, erosion control blankets, coir rolls, jute net and straw bales. Drainage channel inlets shall be protected from sediment-laden waters by use of inlet protection devices such as gravel bag barriers, filter fabric fences, block and gravel filters, and excavated inlet sediment traps. Sediment control measures shall be maintained for the duration of the grading period and until graded areas have been stabilized by st ructures, long-term erosion control measures, or landscaping.
(Mitigation Measure WR-1.7).

Plan Requirements and Timing: Erosion and sediment control measures shall be located and detailed on the erosion and sediment control plan. The erosion and sediment co ntrol plan shall be subm itted with grading and drainage plans to PES for re view and approval prior to approval of a Land Use Permit for each phase. The pl an shall be implemented prior to commencement of grading and construction of each phase. 118
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MONITORING: City of Goleta staff shall site inspect prior to the commencement of, and as needed, during all grad ing and construction activities.
120. Stabilized project site construction entrances and exits shall be installed to prevent sediment from being tracked off of the construction site. Stabilizing measures shall include bu t not be limited to the use of gravel pads, steel rumble plates, temporary paving, etc. Any sediment or other materials tracked off site shall be removed th e same day as they are deposited, without the use of water washing. (Mitigation Measure WR-1.8).

Plan Requirements and Timing: The stabilized entr ances/exits shall be located and detailed on the grading and drainage plans. Non-washing methods shall be listed as construction contractor specifications on the grading and drainage plan s. The grading and drai nage plans shall be submitted to PES for review and approval prior to approval of a Land Use Permit for each phase. The stabilized entrances/exits shall be installed prior to initiation of gr ading, maintained for t he duration of the grading period, and until graded areas have been stabilized by structures, long-term erosion control measures, or landscaping.

MONITORING : City of Goleta stall sha ll site inspect prior to the commencement of, and as needed, during all gradi ng and construction activities.
121. All graded areas outside of proposed structural footprints shall be vegetated within two (2) weeks of gr ading completion in thos e areas, unless it is demonstrated that landscaping woul d preclude acce ss to adjacent construction activities. Geotextile binding fabrics shall be used if necessary to hold slope soils until ve getation is established. (Mitigation Measure WR-

1.9).

Plan Requirements and Timing: The measure shall be identified as a note on the landscaping and grading plans. The landscaping and grading plans shall be submitted to the City of Goleta, including the Design Review Board, for review and approval pr ior to approval of a Land Use Permit for each phase. The landscaping shall be installed and reviewed and approved prior to issuance of Occupancy Clearance.

MONITORING : City of Goleta staff shall si te inspect during grading to ensure compliance with this measure.
122. During construction, washing of concrete trucks, paint, equipment, or similar activities shall occur only in areas where polluted water and materials can be contained for subsequent removal from the site. Wash water shall not be discharged to the storm drains, stre et, drainage ditches, creeks, or wetlands. Areas designated for washing functions shall be at least 100 feet from any storm drain, waterbody, or sensitive biological resources. The 119
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location(s) of the washout area(s) shall be clearly noted at the construction site with signs. (Mitigation Measure WR-1.10).

Plan Requirements and Timing: The applicant shall designate a washout area, acceptable to PES, and this ar ea shall be shown on the grading and building plans. PES shall review the wa sh off area location as designated on all plans prior to appr oval of a Land Use Permit for each phase. The washout area(s) shall be in place and maintained throughout construction.

MONITORING: City of Goleta staff shall check plans prior to approval of Land Use Permits and site inspect throughout th e construction period to ensure proper use and maintenance of the washout area(s). 123. Concrete, asphalt, and seal coat sh all be applied durin g dry weather to prevent storm water contamination during roadwork or pavement construction. Storm drains and manholes within the construction area shall be covered when paving or applying se al coat, slurry, fog seal, etc. (Mitigation Measure WR-1.11).

Plan Requirements and Timing: These requirements shall be specified on the grading and building plans submitted to PES for review and approval prior to approval of a Land Use Permit for each phase.

MONITORING: P&D shall site inspect, as needed during construction. 124. Construction materials and waste such as paint, mortar, concrete slurry, fuels, etc. shall be stor ed, handled, and disposed of in a manner that minimizes the potential for storm water contamination. (Mitigation Measure WR-1.12).

Plan Requirements and Timing: Bulk storage locati ons for construction materials and any measures proposed to contain the materials shall be shown on the grading plans submitted to PES for review and approval prior to approval of a Land Use Permit for each phase.

MONITORING : City of Goleta staff shall site inspect prior to the commencement of, and as needed, during all gradi ng and construction activities.
125. To minimize pollutants impacting downstream waterbodies or habitat, storm drain filters/inserts, inline clarifiers, or separators shall be installed in the project area storm drain inlets and/or paved areas. The filters/inserts shall be maintained in working order. (Mitigation Measure WR-1.13).

Plan Requirements and Timing: Prior to approval of a Land Use Permit for grading for each phase, the applicant shall submit grading and building plans identifying the type and location of filters/inserts to Planning & Environmental Services for review and approval. The location of such filters/inserts shall be noted on grading and building plans. Filters/inserts shall be installed prior to 120
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occupancy clearance for each phase and shall be cleaned using approved methods at least twice a year, once immediately prior to November 1st (i.e. before the start of the rainy season) and once in January. (Additional maintenance/cleaning may be requir ed by Planning & Environmental Services and/or Community Services).

Such equipment storage sites shall be located at least 100 f eet from any water bodies. (Mitigation Measure WR-1.14).

Plan Requirements and Timing: The grading and erosion and sediment control plan(s) shall be submitted for review and approved by Planning & Environmental Services prior to approval of a Land Use Permit for each phase. The plan(s) shall be designed to address erosion and sediment control during all phases of developmen t of the site. The applicant shall notify Planning & Environmental Services prior to commencement of grading.

Components of the grading plan shall be implemented prior to occupancy clearance. Erosion and sediment control measur es shall be in place throughout grading and development of the site until all disturbed areas are permanently stabilized.

MONITORING : City of Goleta staff shall photo document revegetation and ensure compliance with plan and monitor technical aspects of the grading activities.
127. To prevent illegal discharges to the storm drains, all on-site storm drain inlets, whether new or existing shall be labeled to advise the public that the storm drain discharges to the ocean (or ot her waterbody, as appropriate) and that dumping waste is prohibited (e.g., “Don’t Dump–Drains to Ocean”).

The information shall be provided in English and Spanish. (Mitigation Measure WR-1.15).

Plan Requirements & Timing: The location of storm drain inlets shall be shown on site, building and grading pl ans prior to approval of a Land Use Permit for each phase. Labels shall be instal led prior to occupancy clearance. Standard labels are available from Santa Barbara County Public Works, Project Clean Wate r. Other label design s shall be shown on the plans and submitted to Planning & Environmental Services for approval prior to approval of a Land Use Permit for each phase.

MONITORING : Planning & Environmental Services staff shall site inspect prior to occupancy clearance.
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128. A permanent biofilter/bioswale system shall be construc ted to treat storm water runoff from the site. The biofilter/bioswale system shall be designed by a registered civil engineer specializi ng in water quality or other qualified professional to ensure that the retention time of water and the plants selected are adequate to reduce conc entrations of the tar get pollutants. Where feasible, local plants sources (i.e ., collected from the watershed or propagated from cuttings or seed collected from the watershed) shall be used in the biofilter. Invasive plants shall not be used in the biofilter. Biofilters shall not replace existing riparian vegetation or native vegetation unless otherwise approved by Planning & Environmental Services. (Mitigation Measure WR-

1.16).

Plan Requirements & Timing: The applicant shall include the biofilter design, including the plant palette and the source of plant material, on the grading and drainage and la ndscape plans, and depict it graphically. The applicant shall submit a maintenance plan for the biofilte r to Planning & Environmental Services for review and approval. A performance security will be required to ensure installation and a five-y ear maintenance period.

Long-term maintenance s hall be the responsibility of the landowner.

Maintenance requirements shall be specified in the in a maintenance program submitted by the landowner. The plans and a copy of the long-term maintenance program shall be subm itted to Planning & Environmental Services for review prior to approval of a Land Use Permit for each phase.

MONITORING : Planning & Environmental Services staff shall site inspect for installation and periodically inspect for maintenance throughout the five-year performance period. Pe rformance security re lease requires Planning & Environmental Services approval.
129. The landowner shall be responsible for the long-term maintenance of the water quality conditions of approval. (Mitigation Measure WR-1.17).

Plan Requirements & Timing: The proposed maintenance responsibilities and schedule shall be included in the maintena nce program submitted by the landowner. The maintenance program shall be submitted for review by Planning & Environmental Services and Community Services prior to approval of a Land Use Permit for ea ch phase. Annual records of the maintenance activities shall be maintained by the landowner and submitted to Planning & Environmental Services upon request.

MONITORING : Planning & Environmental Servic es staff shall review the maintenance records and/or site in spect, as needed. All costs for the maintenance program shall be borne by the landowner.
130. A parking lot cl eaning program shall be developed and implemented. The program shall include the followi ng elements: (Mitigation Measure WR-

1.18).
a. Removal of litter;
b. Spot cleaning of oil, fuel , and other automotive leaks; c. Vacuum sweeping on a quarterly basis;
d. Inspection and cleaning of storm drain inlets and catch basins before November 1st and in January of each year;
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e. Posting of signs pr ohibiting littering, o il changing, and other automotive repairs;
f. Debris removed from the catch basins shall be analyzed and disposed of accordingly.

Plan Requirements & Timing: The cleaning program sh all be submitted to Planning & Environmental Services for review and approval prior to approval of a Land Use Permit fo r each phase. The location of the signs and the requirement for storm drain cleaning shall be included on the site and building plans submitted to Planning & Environmental Services.

MONITORING : City of Goleta sta ff shall site inspect prior to occupancy clearance to verify compliance and shall respond to complaints. The landowner shall maintain annual records of the storm drain cleaning and make them available for review by Planning & Environmental Services staff on request.
131. The parking area and associated driveways shall be desi gned to minimize degradation of storm wate r quality. Best Manageme nt Practices (BMPs) such as oil/water separato rs, sand filters, landscaped areas for in filtration, basins, or equivalent BMPs shall be installed to intercept and effectively prohibit pollutants from discharging to the storm drain sys tem. The BMPs selected shall be maintained in working order. The landowner is responsible for the maintenance and operation of all improvements and shall maintain annual maintenance records. (Mitigation Measure WR-1.19).

Plan Requirements & Timing: The location and ty pe of BMP shall be shown on the site, building and grading plans. The plans and maintenance program shall be submitted to Planning & Environmental Services for review and approval prior to approval of a Land Use Permit for each phase.

MONITORING : City of Goleta staff shall site inspect to verify installation per the approved plans prior to occupancy clearance. The landowner shall make annual maintenance records available fo r review by Planning & Environmental Services upon request.
132. The applicant shall provide a Can and Will Serve letter to each lot from the Goleta Water District prior to recordation of the tract map and a Can and Will Serve Letter for each phase of development indicating that adequate water service is available to serve the project. (Mitigation Measure WR-1.20).

Plan Requirements and Timing: The applicant shall provide a copy of the Can and Will Serve letter to the Cit y of Goleta prior to recordation of the final map and prior to approval of a land use permit for each phase.

MONITORING : The City of Goleta shall veri fy acceptance of the Can and Will Serve letter.

123
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GENERAL CONDITIONS
133. US ARMY CORPS OF ENGINEERS REQUIREMENT: The applicant shall obtain applicable U.S. Army Corps of Engi neers permits or a waiver for any project activity under that agency’s jurisdiction.

Plan Requirements and Timing: A copy of permits or waiver shall be submitted to the City of Goleta prior to approval of a land use permit for each phase of development.

Monitoring: The City of Goleta shall ensure compliance prior to land use permit approval for each phase of development.
134. CA DEPARTMENT OF FISH AND GAME REQUIREMENT: The applicant shall obtain applicable California Department of Fish and Game permits or a waiver for any project activity under that agency’s jurisdiction.

Implementation and Timing: A copy of permits or waiver shall be submitted to the City of Goleta prior to approval of a land use permit for each phase of development.

Monitoring: The City of Goleta shall ensure compliance prior to land use permit approval for each phase of developmen.
135. Prior to approval of a land use permi t for grading and/or installation of site improvements, all applicable conditions shall be printed on grading and/or site improvement plans.
136. Prior to land use permit approval for each phase of development, preparation of a Monitoring and Comp liance Program (MCP) shall be funded by the applicant and submitted to the City of Goleta for review and approval. The MCP shall at minimum include the following:
a. All conditions imposed on this project and the impact areas they are mitigating by subject area.
b. A plan for coordination and implem entation of all conditions and the plans and programs required therein.
c. A description of all measures t hat will be implemented to assure compliance, including field monitoring, data collection, management and coordination of all field pe rsonnel and feedback to field personnel and affected agencies. Contractor feedback
responsibilities include weekly, monthly, and/or quarterly reports (as specified in the MCP) to be prepared throughout grading and construction. These shall include status of development, status of conditions, incidents of non-compli ance and their results and any other relevant or requested data.
d. The MCP preparer and contractor s hall be selected by the City of Goleta. These individuals shall be under contract and responsible to the City of Goleta. All costs shall be funded by the applicant.

The MCP contractor shall appoint at least on e Onsite Monitor (OM) responsible for overall monitoring, but shall employ as many 124
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qualified specialists as necessary (as determined by the City of Goleta) to oversee specific c onditions (e.g., archaeologists, biologists). In addition, the OM has the authority and the ability to ensure compliance with all project conditions and to stop work in an emergency. The MCP shall also provide for any appropriate procedures not specified in the c onditions of approval to be carried out if they are necessary to avoid environmental impacts. e. Planning and Enviro nmental Services Permit Compliance shall oversee the MCP. In addition to funding the MCP, the Developer shall pay Permit Compliance fees prior to approval of a Land Use Permit for grading/installation of tract improvements.
f. The decision of the Director s hall be final in the event of any dispute.
137. Prior to approval of a Land Use Permi t for grading/installation of site improvements and/or structural development for each phase of development, the applicant shall pay al l applicable City of Goleta permit processing fees in full.
138. The applicant shall pay the statutory school fees in effect at the time of issuance of building permits to the appr opriate school districts and/or shall mitigate school impacts by other measures consistent with state law.

Implementation and Timing: The applicant shal l submit final square footage calculations and a copy of the fee payment to the school districts prior to issuance of building permits.

Monitoring: The City of Goleta shall ensure payment prior to issuance of building permits.
139. No permits for construction, including grading, shall be issued except in conformance with an approved Final Development Plan. The size, shape, arrangement, use, and location of buildings, walkways, driveways, parking areas, and landscaped areas shall be developed in conformity with the approved development plan marked Exhi bits 1-4, dated April 30, 2007.

Substantial conformity shall be determined by the Director of Planning and Environmental Services.
140. All work within the public right-of-wa y, including but not limited to utilities and grading, shall be exp licitly noted on the building plans. The applicant shall obtain all necessary encroachment permits from the City of Goleta Community Services Department prior to issuance of building permits for all work and construction that encroach within or over the public right-of- way, including, but not limited to, water meters, backflow devices, signs, and curb/gutter/sidewalk improvements.
141. Prior to the start of any work on-site, the applicant shall request and attend a preconstruction meeting that includes monitor(s), project superintendent, architect, subcontractors, as well as City representatives including Planning and Environmental Services and Community Services. 125
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142. Any temporary building, trailer, comme rcial coach, etc. installed or used in connection with construction of this project shall comply with the requirements of Section 35-281 of the City’s Inland Zoning Ordinance. 143. Prior to any use of the project si te or business activity being commenced thereon, all Conditions of Approval sh all be completed to the satisfaction of the City of Goleta Pl anning and Environmental Services Department.

The site and buildings shall be in spected for compliance prior to the issuance of a certificate of occupancy for each phase of development. 144. All landscaping and associated landsc ape utilities within the public right of way along the property frontages of Hollister Avenue and Los Carneros Road including the adjacent landscaped medians shall be maintained by the property owner.
145. All trees planted or preserved in accordance with this approval shall be trimmed and maintained per guidelines established and approved by the International Society of Arboriculture (ISA). Any pruning of trees, other than light pruning of no more than 25 percent (25%) of the foliage within any one growing season, requires revi ew and approval of the City of Goleta prior to commencement of the work.
146. The final map shall be prepared by a licensed land surveyor or registered civil engineer in conformance with current Subdivision Map Act requirements and in conformance with t he requirements of City of Goleta Subdivision Regulations.
147. No permit for development pursuant to this vesting tentative map, including grading, shall be issued prior to recordation of the map. Grading associated with any permit for site remediation would not be subject to this restriction.
148. If the final map is revised, approval shall be in the same manner as for the originally approved vesti ng tentative map. If the development plan is altered, approval shall be in the manner required by ordinance. 149. The Development Plan approval runs with the l and and the rights and obligations thereof, including the responsibility to comply with conditions of approval, shall be binding upon successors in interest in the real property unless or until such permits are expressly abandoned.
150. On the date a subsequent Prelimin ary or Final Development Plan is approved for this site, any previous ly approved but unbuilt plans shall become null and void.
151. If the applicant requests a time ex tension for this permit/project, the permit/project may be revised to include updated language to standard conditions and/or mitigation measures and additional conditions and/or mitigation measures which reflect c hanged circumstances or additional identified project impacts.
152. Revised plans and build ing elevations incorporat ing all cond itions of approval for this project shall be coordinated and submitted to the Planning and Environmental Services Department as one package in 126
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accordance with plan check requirements. All plans including site, grading, landscape, irrigation, mec hanical and street im provement plans shall be coordinated for consistency prior to issuance of any permits (such as grading, encroachment, building, etc.) Any changes to the size, colors, construction materials, design or locati on of any structur e on site, or other site or landscape improvements shal l not be made without prior City approval.
153. The applicant shall be responsibl e for informing all subcontractors, consultants, engineers, or other business entitie s providing services related to the project of their respons ibilities to comply with all pertinent requirements herein in the City of Goleta Municipal Code, including the requirement that a business license be obtained by all entities doing business in the City as well as hours of operation requirements in the City. 154. When exhibits and/or written conditi ons of approval are in conflict, the written conditions shall prevail.
155. The applicant shall pay all applic able development impact fees pursuant to the approved Development Agreement.
156. Before using any land or structure, or commencing any work pertaining to the erection, moving, alteration, demolit ion, enlarging, or rebuilding of any building, structure, or improvement, the applicant shall obtain a Land Use Permit from the City of Goleta. Thes e permits are required by ordinance and are necessary to ensure implementat ion of the conditions required by the decision makers. Before any pe rmit will be issued by the City of Goleta, the applicant must obtain wr itten clearance for each development phase from all departments/Agencies having conditions. Such clearance shall indicate that t he applicant has satisfied all pre-construction conditions. A form for such clear ance is available from Planning and Environmental Services.
157. Written clearance fr om the City of Goleta Community Services Department shall be obtained. Such clearance sha ll indicate that the applicant has satisfied all applicable conditions.

1. Prior to the recordation of Final Map, issuance of any Public Works permit or Building permit for the project on the Real Property:
(a) The Owner shall record a declaration for maintenance of the proposed private road or driveway or other private items such as shared sewer laterals, etc . which shall be reviewed as to form by the City Attorney and as to content by the Director of Community Services. Said agreement shall be recorded in the office of the County Recorder.
(b) The Owner shall submit public im provement plans for construction of improvements along the subj ect property road frontage on Hollister Avenue and Los Carneros Road. Public Improvement Plans shall be submitted separatel y from Building Permit plans and shall include but not be limited to the following:
127
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• All new and/or modified har dscape improvements (concrete curbs, gutters, access ramp(s), asphalt concrete, concrete pavement on aggregate bas e, limits of crack seal and slurry seal applications).
• All underground utilities, street and traffic signal lighting, drainage system improvements (c urb side drop inlets, swales, culverts, etc.).
• Pavement marking plans s howing all proposed directional and/or regulatory traffic control signs and markings.
• Landscape plans showing all landscaping and associated landscape irrigation/utility systems.
• Preservation and/or restoration of all existing survey monuments,
The public improvement plans s hall be prepared by a registered civil engineer and reviewed and signed by the City Engineer prior to issuance of building permits for the first phase of the project. (c) The Owner shall pay all developm ent impact fees in accordance with the provisions of the project Development Agreement. (d) The Owner shall submit an executed Agreement for Land Development Improvements; an Engineer’s Estimate, signed and stamped by a registered civil engineer, and securities for construction of improvements prior to execution of the agreement. (e) The Owner shall submit an executed Agreement for the continued maintenance of the landscapi ng within the public portion of Hollister Avenue and Los Carner os Road along the project’s street frontage and adjacent landscaped medians.
(f) The Owner shall provide an Operations and Maintenance Procedure Plan (describing repl acement schedules for pollution absorbing pillows, etc.) for the operation and use of all storm drain surface pollutant interceptors wit hin the project limits or public right of way.
(g) Owner shall provide final hydrolog y calculations showing that on site drainage shall be detained up to a 25-year storm event; there shall be no net increase to any existing drainage conveyance system. This shall include an y improvements made in the floodway/ floodplain.

2. Prior to recordation of the Final M ap, the Owner shall covenant or offer to make a dedication for easement as shown on the approved vesting tentative subdivision m ap, or described below, subject to approval as to form by the City Attorney and c ontent by the Director of Community Services.
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a) Street and utility easements over Parcels 17 and 18 for the benefit of all other parcels.
b) 10 foot sidewalk and utility eas ements on both sides of Parcels 17 and 18 for the benefit of all other parcels.
c) An additional 40 foot sidewal k easement on both Hollister Avenue and Los Carneros Road.

3. Prior to building permit approval, t he Owner shall apply storm water quality control guidelines to the project per the Public Works Department Construction Project Best Management Practices.

4. Prior to issuance of the final Cert ificate of Occupancy for each respective phase, the Owner of the Real Property shall complete the following:
(a) Repair any damaged public im provements (curbs, gutters, sidewalks, etc.) subject to the revi ew and approval of the Public Works Department.
(b) Public improvements as shown on the public improvement plans. 158. Compliance with Agency letters as follows:

A. COUNTY OF SANTA BARBARA AIR POLLUTION CONTROL DISTRICT, LETTER DATED APRIL 23, 2007.

B. COUNTY OF SANTA BARBARA SURVEYOR, LETTER DATED APRIL 27, 2006.

C. GOLETA WEST SANITARY DISTRICT, LETTER DATED MARCH 13, 2006.

D. TRAFFIC SOLUTIONS, LETTER DATED APRIL 18, 2007.

E. COUNTY OF SANTA BARBARA FIRE DEPARTMENT, LETTER DATED APRIL 21, 2006.

F. SANTA BARBARA COUNTY ASSOCIATION OF GOVERNMENTS, AIRPORT LAND USE COMMISSION, LETTER DATED MAY 24, 2006.
159. A reciprocal parking/access agreement shall be recorded between parcels as applicable to provide for shared use of parking and access between the parcels.

Plan Requirements and Timing: An agreement shall be reviewed and approved by Planning & Environmental Services and the City Attorney and shall be executed prior to recordation of the tract map.

Monitoring: Planning & Environmental Serv ices shall ensure compliance prior to recordation of the tract map.
160. No new signs are authorized with th is permit. All signs require separate permits and shall comply with City of Goleta Chapter 35, Article I, Sign Regulations and with setbacks specif ied in Article III, Inland Zoning Ordinance.
161. The applicant shall be responsible for the completeness and accuracy of all forms and supporting materials submitted in connection with any application. Any errors or discr epancies found therein may constitute grounds for the revocation of any approvals.
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CBP Development Plan and Road Naming Conditions
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162. The Vesting Final Tract Map approv al runs with the land and the rights and obligations thereof, including t he responsibility to comply with conditions of approval, shall be binding up on successors in interest in the real property unless or until such permits are expressly abandoned. 163. Developer agrees, as a condition of this approval, at developer’s own expense, to indemnify, defend, and ho ld harmless the City and its agents, officers, and employees from and agains t any claim, action, or proceeding to attack, review, set aside, void or annul, in whole or in part, the City’s approval of the vesting tentative map and development plan or any condition attached thereto or any pr oceedings, acts, or determinations taken, done or made prior to the approval that were part of the approval process.
164. In the event that any condition imposing a fee, exaction, dedication or other mitigation measure is challenged by the project sponsors in an action filed in a court of law or threat ened to be filed ther ein, this approval shall be suspended pending dismissal of such action, the expiration of the limitation period applicable to such ac tion, or final resolution of such action. If any condition is invalidated by a court of law, the entire project shall be reviewed by the City and no approval shall be issued unless substitute feasible mitigation measures are imposed.
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EXHIBIT D

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Goleta City CouncilMay 7, 2024

Goleta City Council
May 7, 2024