Sywest Industrial Building and Final Environmental Impact Report located at 907 S. Kellogg Avenue; APN 170-190-035; Case No. 17-121-DP — Goleta City Council, July 15, 2025 (part 2 of 2)

Consistent. The proposed project would include installation of 10 bicycle parking spaces.

205
Attachment 2, Exhibit B
GP/CLUP Consistency Analysis
Sywest Industrial Warehouse Project

35 Policy TE 2.3: Diversion of Automobile Trips to Alternative Modes. The City encourages investment in alternative modes of travel that will make those modes more competitive with auto travel in terms of convenience, accessibility, costs, and safety. These may include, but are not limited to, improvements in the bus transit system, the bikeway system, pedestrian circulation system, and potentially commuter rail services, if the region should determine to pursue this option.

Consistent. The proposed project would include installation of 10 bicycle parking spaces. The project site is accessible by bicycle, and the nearest transit stops are located approximately 0.6 -mile northwest, thereby providing employees with multiple alternatives to driving for transportation to and from the project site.

Policy TE 4.1: General Level of Service Standard. A traffic LOS standard C shall apply citywide to major arterials, minor arterials, and collector roadways and signalized and unsign alized intersections, except as provided in TE 4.2. The standard shall apply to daily traffic volumes and both AM and PM peak hours for intersections, and to average daily traffic volumes (ADT) for roadway segments.

Consistent. The Hollister Avenue/Kellogg Avenue intersection is forecast to operate at LOS D under cumulative plus project conditions during the PM peak hour. However, the project is required to implement a project-specific Deficiency Plan, which would be incorporated into the project as a Condition of Approval. In addition to implementation of the Deficiency Plan, the project applicant would also be required to pay all applicable development impact fees, including fees under the Goleta Transportation Improvement Program, which funds roadways imp rovements. Improvements to the Hollister Avenue/Kellogg Avenue intersection would be funded through the Goleta Transportation Improvement Program, and such improvements would improve the LOS at this intersection to at or above LOS C. Therefore, this project is consistent with this policy.

Policy TE 4.3: Deficiency Correction Plans . When the LOS for any intersection or arterial link at planned capacity falls below base year standards which are expressed in Table 7-1, the City shall require a Deficiency Plan to be prepared prior to approving any development that would further lower the LOS. The Deficiency Plan shall consider alternative transportation improvements, including alternative modes. Any improvements established in the adopted Deficienc y Plan may be provided as mitigation by new development or included in the impact fee system.

The Deficiency Plan shall be prepared by the City or at the City’s direction within 90 days of publication of a City-approved traffic report indicating degradation of service below base year standards which are expressed in Table 7-1.

36 fees under the Goleta Transportation Improvement Program, which funds roadways improvements. Improv ements to the Hollister Avenue/Kellogg Avenue intersection established within this Deficiency Plan would be included in the impact fee system.

Therefore, this project is consistent with this policy.

Policy TE 6.7: Widths of Paved Surfaces. New rights of way and access easements should be paved to the smallest dimension necessary to accommodate their designed function (including emergency access) and to maintain the character of the neighborhood.

Consistent. The proposed project design would be reviewed by the Santa Barbara County Fire Department and City to ensure project site access is designed in accordance with applicable emergency access and design standards.

Policy TE 7.12: Transit Amenities in New Development. The City shall require new or substantially renovated development to incorporate appropriate measures to facilitate transit use, such as integrating bus stop design with the design of the development. Bus turnouts, comfortable and attractive all-weather shelters, lighting, benches, secure bicyc le parking, and other appropriate amenities shall be incorporated into development, when appropriate, along Hollister Avenue and along other bus routes within the city. Existing facilities that are inadequate or deteriorated shall be improved or upgraded where appropriate and feasible.

Consistent. While not feasible to require a bus stop as there is not a bus line directly adjacent to the Project, the Project is providing 10 bike parking spaces to encourage connectivity with existing bus lines on Hollister Ave. For these reasons, the project is consistent with this policy.

Policy TE 9.1: Off-Street Parking. The primary source of parking supply for new development of all types of uses within the city shall be off -street parking spaces that are provided on site within the development.

Consistent. The Project is providing sufficient parking for the development on site.

Consistent with this policy, a ll the required and provided parking is located off street.

For this reason, the Project is consistent with this policy.

Policy TE 9.2: Adequacy of Parking Supply in Proposed Development. The City shall require all proposed new development and changes/intensifications in use of existing nonresidential structures to provide a sufficient number of off -street parking spaces to accommodate the parking demand generated by the proposed use(s), and to avoid spillover of parking onto neighboring properties and streets.

Consistent. The proposed project would provide a parking lot with 102 spaces and six truck loading docks which would accommodate employees and visitors at the project site consistent with this policy.
207
Attachment 2, Exhibit B
GP/CLUP Consistency Analysis
Sywest Industrial Warehouse Project

37 Policy TE 9.4: Parking within Commercial and Industrial Areas. The following standards shall apply to parking within nonresidential areas:
a. An adequate number and appropriate type of parking spaces shall be provided on site for new development or changes of use in commercial, business parks, and other industrial areas.
b. Supplemental satellite parking facilities are encouraged for large employe rs to prevent spillover parking into neighboring areas.
c. In determining the adequacy of proposed parking for new or substantially modified development, the City may consider proximity to transit facilities and the provisions of a TMP where it is demonstrated that the plan’s measures will sufficiently reduce the demand for onsite parking.
d. Conditions of approval for large nonresidential projects may include a requirement to prepare a TMP that includes monitoring of parking lot utilization and measures that will be implemented if the event that the supply of onsite parking spaces is inadequate.
e. Provision of large amounts of excess parking is discouraged, except that surplus landscaped areas may be identified and reserved for future expansion of parking areas if warranted by future conditions.
f. Compact parking spaces and 90 -degree parking stalls are discouraged in parking lots serving high -turnover uses, such as (but not limited to) retail commercial centers.

Consistent. The proposed project would include parki ng which would meet the required parking spaces provided in Article II of Chapter 35, Goleta Municipal Code, Coastal Zoning Ordinance . The project site is located in proximity to existing transit facilities and would not provide large amounts of excess par king consistent with this policy.

Policy TE 9.5: Design standards applicable to retail, commercial, business parks, and parking lots are set forth in the Visual and Historic Resources Element Subpolicies VH 4.5, 4.7, and 4.11.

Consistent. The proposed parking lot will include landscaping and pole-mounted LED lighting that would include semi -cutoff fixtures designed in accordance with City standards. The DRB provided conceptual comments regarding the landscaping that will be implemented into the final de sign. For these reasons, the project is consistent with this policy.

Policy TE 10.4: Pedestrian Facilities in New Development. Proposals for new development or substantial alterations of existing development shall be required to include pedestrian linkage s and standard frontage improvements. These improvements may include construction of sidewalks and other pedestrian paths, provision of benches, public art, informational signage, appropriate landscaping, and lighting. In planning new subdivisions or large -scale development, pedestrian connections should be provided through subdivisions and cul -de-sacs to 208
Attachment 2, Exhibit B
GP/CLUP Consistency Analysis
Sywest Industrial Warehouse Project

38 interconnect with adjacent areas. Dedications of public access easements shall be required where appropriate.

Consistent. The proposed project would include construction of a sidewalk to provide pedestrian access between the project site and South Kellogg Avenue, would be landscaped appropriately, and would include adequate exterior lighting consistent with this policy.

Policy TE 11.4: Facilities in New Development. Bicycle facilities such as lockers, secure enclosed parking, and lighting shall be incorporated into the design of all new developments to encourage bicycle travel and facilitate and encourage bicycle commuting. Showers and changing rooms shou ld be incorporated into the design of all new developments where feasible. Transportation improvements necessitated by new development should provide onsite connections to existing and proposed bikeways.

Consistent. The proposed project would include the i nstallation of 10 bicycle parking spaces and the proposed industrial building would be adequately lit on the exterior. The project would provide an onsite connection to existing bikeways, as the access road for the project site connects to existing Class III bicycle lanes on South Kellogg Avenue.

Policy TE 13.1: Traffic Studies for Development Proposals. Future development in Goleta will cause added burdens on the transportation system. Traffic analyses and reports shall be required for development proposals which the City Engineer and Planning Director determine may have effects on the local street system , including but not limited to possible degradation of service levels, potential creation of safety hazards, potential adverse effects on local neighborhood streets, or other substantial transportation concerns. When required by the City, traffic studies shall be performed by a qualified transportation engineer under a contract with the City.

The costs of the traffic study, including costs of City staff time, shall be the responsibility of the project applicant.

Consistent. The Project included a traffic study performed by a qualified transportation engineer. The traffic study was reviewed and approved by the City Engineer or Designee and the costs associated with the review of the study has been borne by the applicant. For these reasons, the Project is consistent with this policy.

Policy TE 13.3: Maintenance of LOS Standards. New development shall only be allowed when and where such development can be adequately (as defined by the LOS standards in Policy TE 4) served by existing and/or planned transportation facilities.

39 required to pay all applicable development impact fees, including fees under the Goleta Transportation Improvement Program, which funds roadways i mprovements.

Improvements to the Hollister Avenue/Kellogg Avenue intersection established within this Deficiency Plan would be included in the impact fee system. Therefore, this project is consistent with this policy.

Policy TE 14.1: Traffic Impact Fees. The City shall adopt a citywide traffic impact fee in accordance with the requirements of Assembly Bill1600 to fund transportation improvements to mitigate the traffic impacts of new development. The impact fee study shall identify and be based on the esti mated costs of construction of all transportation system improvements needed to ensure adequate levels of service system wide. Each new development project shall be charged a fee that represents its proportionate share of potential need for and impacts on the facilities included in the fee system. The impact fee system may incorporate improvements made and fees collected by the City since its incorporation in 2002.

Consistent. The project applicant would be required to pay all applicable development impact fees, including fees under the Goleta Transportation Improvement Program, which funds roadways improvements.

7. Public Facilities Element:

Policy PF 3.4: Fire Safety in New Development. Fire safety standards, including ingress and egress, and road access, shall be met, where applicable, in new development within the city.

Consistent. The proposed project would be constructed in accordance with the requirements of the California Fire Code, which are implemented to minimize the potential for fire to occur. Additionally, the proposed project would be constructed in accordance with the Santa Barbara County Fire Department’s (SBCFD) development standards, which include requirements for egress on private driveways, fire hydrant spacing and flow rates, automatic fire sprinkler systems, and automatic alarm systems (SBCFD 2022). Adherence to State and local regulations would ensure project construction and operation would not expose people or structures to significant risk of loss, injury, or death involving wildland fires. For these reasons, the project is consistent with this policy.

Policy PF 3.8: Impact Fee for Police Facilities. The City shall continue to require a development impact fee to provide revenue to assist with funding capital facilities for police services.

Consistent. The project applicant would be required to pay development impact fees to provide revenue to assist with funding future capital facilities for police services or increased law enforcement personnel as identified in the administrative se rvices development impact fee.
210
Attachment 2, Exhibit B
GP/CLUP Consistency Analysis
Sywest Industrial Warehouse Project

40 Policy PF 3.9: Safety Considerations in New Development. All proposals for new or substantially remodeled development shall be reviewed for potential demand for and impacts on safety and demand for police services. The desig n of streets and buildings should reinforce secure, safe, and crime -free environments.

Safety and crime reduction or prevention, as well as ease of policing, shall be a consideration in the siting and design of all new development within the city.

Consistent. As discussed in the Sywest Final EIR Section 4.12, Public Services, the project would not result in a substantial impact to safety or demand for police services given the nature and design of the facility. The design of the project has been with on- site safety of employees and visitors in mind through building access placement, lighting, and landscaping features.

Policy PF 4.1: Water Facilities and Services. Specific criteria, standards, and procedures, including Goleta Water District standards, shall apply to the project for water facilities and services.

Consistent. The Sywest Final EIR evaluated water service for the project. The Preliminary Water Service Determination completed by the Goleta Water District determined the project site has adequate historic water credits for its forecasted demand associated with the Project. As a condition of approval, the Project will be required to obtain a Can and Will Serve Letter from the Goleta Water District prior to project completion. For these reas ons, the Project can be found consistent with this policy.

Policy PF 4.2: Sewer Facilities and Services. Specific criteria, standards, and procedures, including Goleta Sanitary District standards, shall apply to Project sewer facilities and services.

Consistent. The Sywest Fina l EIR evaluated sewer service capacity for the Project and found adequate capacity for the forecasted demand associated with the Project.

As a condition of approval, the project will be required to obtain a Sewer Connection Permit. For these reasons, the Project can be found consistent with this policy.

Policy PF 5.7 : School Impact Fees. Where school districts have adopted development impact fees to help finance provision of facilities, the City shall provide information regarding these impact fees to developers and builders. The City shall not issue a building permit for any development subject to such fees without documentation from the applicable district that its fees have been paid. The developer or builder shall be responsible for providing documentation to the City that school impact fees have been paid.

Consistent. As discussed in the Sywest Final EIR Section 4.12, Public Services, the proposed project would be required to pay state -mandated developer fees to fund the construction of school facilities to accommodate students generated by the new employee opportunity. However, the anticipated number of employees expected to be 211
Attachment 2, Exhibit B
GP/CLUP Consistency Analysis
Sywest Industrial Warehouse Project

41 created that would be new to the area by the new warehouse building is minimal which in term would have a minimal impact on the local schools. This project will be consistent with this policy. .

Policy PF 6.1: Referral of Development Applications. The City shall continue to circulate development applications to local utility providers for their review and comment and to ensure that they can and will provide service to individual developments.

Consistent. The Project has been circulated to all relevant local utility providers and all comments received have been incorporated into the Project’s conditions of approval. For these reasons, the Project is consistent with this policy.

Policy PF 6.2: Undergrounding of Overhead Utilities. The City shall encourage the undergrounding of electrical power lines and other overhead utilities to the greatest extent practical.

Consistent. Underground utilities from an existing power pole are proposed under the access driveway. Other utility hardware for transformers will be screened from public view by landscaping and walled enclosures. For these reasons, the project is consistent with this policy.

Policy PF 9.3: Responsibilities of Developers. Construction permits shall not be granted until the developer provides for the installation and/or financing of needed public facilities. If adequate facilities are currently unavailable and public funds are not committed to provide such facilities, the bu rden shall be on the developer to arrange appropriate financing or provide such facilities in order to develop.

Developers shall provide or pay for the costs of generating technical information as to the impacts the proposed development will have on public facilities and services.

The City shall require new development to finance the facilities needed to support the development wherever a direct connection or nexus of benefit or impact can be demonstrated.

Consistent. As discussed in the Sywest Final EIR Section 4.12, Public Services, the project applicant would be required to pay development impact fees which would provide funding for fire protection, parks, schools, and libraries etc.

Policy PF 9.7: Essential Services for New Development. Development shall be allowed only when and where all essential utility services are adequate in accord with the service standards of their providers and only when and where such development can be adequately served by essential utilities without reducing levels of service below the level of service guidelines elsewhere. 212
Attachment 2, Exhibit B
GP/CLUP Consistency Analysis
Sywest Industrial Warehouse Project

42 Consistent. The Sywest Final EIR evaluated the capacity for all essential utility services and found that the Project would not exceed available capacity. For this reason, the Project is consistent with this policy.

Policy PF 10.2 Development Impact Fees. The City shall adopt and maintain a development impact fee program that requires new development to pay a proportionate share of the costs of new or upgraded capital facilities attributable to new development. Impact fee programs for capital facilities shall i nclude sufficient funding for all of the following:
a. Design and engineering.
b. Environmental compliance and permitting.
c. Land acquisition and/or right-of-way acquisition.
d. Site preparation, including grading and installation of utilities, drainage, and other necessary infrastructure.
e. Construction of the public facility.
f. Parking, landscaping, and street trees, where applicable. g. Necessary off -site improvements, such as sidewalks, extensions of utilities, and others as applicable.
h. The impact fee program shall be reviewed regularly to ensure that sufficient funding will be available to construct all required facilities.

Consistent. See discussion for Policy PF 9.3. The project applicant would be required to pay all applicable development impact fees.

8. Noise Element:

Policy NE 1.1: Land Use Compatibility Standards. The City shall use the standards and criteria of Table 9 -2 to establish compatibility of land use and noise exposure. The City shall require appropriate mitigation, if feasible, or prohibit development that would subject proposed or existing land uses to noise levels that exceed acceptable levels as indicated in this table. Proposals for new development that would cause standards to be exceeded shall only be approved if the project would provide a substantial benefit to the City (including but not limited to provision of affordable housing units or as part of a redevelopment project), and if adequate mitigation measures are employed to reduce interior noise levels to acceptable levels.

Consistent. Short-term construction of the project would temporarily increase local noise levels that may exceed Goleta’s construction noise standard of 65 A -weighted decibels; however, the project would include mitigation that would ensure noise levels do not exceed 65 dBA at nearby sensitive receptors. As discussed in the Sywest Final EIR under Impact NOI -1 in Section 4.11, Noise, mitigation would include temporary noise barrier installation as needed , construction signage, and outfitting trucks with “smart alarms” th at would reduce noise when operating in reverse. Further, noise 213
Attachment 2, Exhibit B
GP/CLUP Consistency Analysis
Sywest Industrial Warehouse Project

43 generating construction activities above 65 dBA, are limited to occur Monday – Friday between the hours of 8 am -5 pm and not on State designated holidays.

Policy NE 1. 4: Acoustical Studies. An acoustical study that includes field measurement of noise levels may be required for any proposed project that would:
a) locate a potentially intrusive noise source near an existing sensitive receptor, or b) locate a noise-sensitive land use near an ex isting known or potentially intrusive noise source such as a freeway, arterial roadway, railroad, industrial facility, or airport traffic pattern. Acoustical studies should identify noise sources, magnitudes, and potential noise mitigation measures and des cribe existing and future noise exposure. The acoustical study shall be funded by the applicant and conducted by a qualified person or firm that is experienced in the fields of environmental noise assessment and architectural acoustics. The determination o f applicability of this requirement shall be made by the Planning and Environmental Services Department by applying the standards and criteria of Table 9-2.

Consistent. The Sywest Final EIR included a full acoustical analysis of the Project. It found that project construction would be consistent with this policy with implementation of sound attenuation mitigation measures, including the requirement for a Construction Noise Control Plan that will specify the noise reduction measures to be implemented during project construction to ensure noise levels do not exceed 65 dBA at nearby sensitive receptors at the Rancho Goleta mobile home community to the east.

Operational noise levels from loading bay activities and HVAC equipment would be well below the City’s 65 dBA CNEL standard, and below the existing ambient noise levels. For these reasons, the Project is consistent with this policy.

Policy NE 1.5: Acceptable Noise Levels. New construction and substantial alterations of existing construction shall include appropriate noise insulation measures (such as insulation, glazing, and other sound attenuation measures) so that such construction or renovations comply with state and building code standards for allowable interior noise levels. The intent of this policy is to require improved soundproofing for both noise receivers and sources.

Consistent. Operational noise levels from loading bay activities and HVAC equipment would be well below the City’s 65 dBA CNEL standard, and below the existing ambient noise levels. Further, modern building construction generally provides an exterior -to- interior noise level reduction of 20 to 35 dBA with closed windows. For these reasons, the Project is consistent with this policy.

Policy NE 3.3: Consultation with the ALUC, ALUC Sta ff, and City of Santa Barbara Staff. The City of Goleta shall continue to monitor and comment on airport- related projects and development proposed for the area surrounding the airport that is under the jurisdiction of the City of Santa Barbara. The City of Goleta shall consult with the Airport Land Use Commission (ALUC)) when required by the ALUCP. City 214
Attachment 2, Exhibit B
GP/CLUP Consistency Analysis
Sywest Industrial Warehouse Project

44 of Goleta staff may also consult with the ALUC, ALUC staff, and the Santa Barbara Airport Department for development projects within the Airport Influence Area.

Consistent. The City engaged with SBCAG staff, in their capacity as the ALUC staff, in August 2023. ALUC staff determined that the project would not be required to undergo ALUC review as the previous zoning ordinance and General Plan were found consistent with the 1993 Santa Barbara County ALUP and the project does not include any legislative amendments request.

Policy NE 5.1: New, Expanded, or Upgraded Stationary Noise Sources. The City shall require proposals for new stationary sources or expansions or alterations of use for an existing stationary source to include appropriate noise mitigation measures. Retrofits and facility upgrades under the permitting jurisdiction of the City should ensure that noise levels are reduced, particularly for sources that impact adjacent sensitive receivers.

Consistent. Operational noise levels from loading bay activities and HVAC equipment would be well below the City’s 65 dBA CNEL standard, and below the existing ambient noise levels. As such, no mitigation measures are necessary for stationary noise sources. For these reasons, the Project is consistent with this policy.

Policy NE 5.2: Equipment Maintenance. The City shall require that new and existing heating, ventilation, and air conditioning equipment and other commercial/industrial equipment be adequately maintained in proper working order so that noise levels emitted by such equipment remain minimal. The City shall also require noise shieldin g or insulation for such equipment if operation of the equipment results in objectionable noise levels at adjacent properties.

Consistent. Operational noise levels for HVAC equipment would be well below the City’s 65 dBA CNEL standard, and below the existing ambient noise levels. Rooftop HVAC equipment will be located behind a parapet screen wall , further reducing noise levels. For these reasons, the Project is consistent with this policy.

Policy NE 5.4: Noise Barriers for Industrial/Commercial Sources. Absorptive types of noise barriers or walls should be used to reduce noise levels generated by industrial and certain heavy commercial uses. To be considered effective, the noise barrier should provide at least a 5-dBA-CNEL noise reduction.

Operational noise levels from loading bay activities and HVAC equipment would be 215
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Sywest Industrial Warehouse Project

45 well below the City’s 65 dBA CNEL standard, and below the existing ambient noise levels. For these reasons, the Project is consistent with this policy.

Policy NE 5.5: Limits on Truck Del iveries and Other Activities. The City shall consider requiring commercial and industrial uses that abut residential zones to restrict the hours of truck deliveries and trash pickups to minimize disruption to nearby residences, where practicable. Such restrictions may be imposed by incorporation of conditions of approval for new discretionary planning permits, or on a citywide basis through preparation and adoption of a Noise Ordinance. Limitations on hours for trash pickups should be considered during negotiation of new or renewed franchise agreements with trash haulers.

Consistent. Operational noise levels from loading bay activities would be well below the City’s 65 dBA CNEL standard, and below the existing ambient noise levels. For these reasons, the Project is consistent with this policy.

Policy NE 6.4: Restrictions on Construction Hours. The City shall require, as a condition of approval for any land use permit or other planning permit, restrictions on construction hours. Noise-generating construction activities for projects near or adjacent to residential buildings and neighborhoods or other sensitive receptors shall be limited to Monday through Friday, 8:00 a.m. to 5:00 p.m. Construction in nonresidential areas away from sensitive receivers shall be limited to Monday through Friday, 7:00 a.m. to 4:00 p.m. Construction shall generally not be allowed on weekends and state holidays. Exceptions to these restrictions may be made in extenuating circumstances (in the event of an emergency, for example) on a case by case basis at the discretion of the Director of Planning and Environmental Services. All construction sites subject to such restrictions shall post the allowed hours of operation near the entrance to the site, so that workers on site are aware of this limitation. City staff shall closely monitor compliance with restrictions on construction hours, and shall promptly investigate and respond to all noncompliance complaints.

Consistent. Project construction would occur Monday to Friday from 8:00 am t o 5:00 pm as required by the City.

9. HOUSING ELEMENT
Policy HE 2.2: Linkage of Housing and Jobs. To encourage adequate housing opportunities that meet the needs of the local workforce, the City will continue to require new non-residential development and proposed expansion or intensification of existing non -residential development to contribute to providing affordable housing within the City. The requirement can be met through the payment of affordable housing impact fees adopted by the City. Alternatives to satisfy this requirement may, at the discretion of the City, include providing housing on site, 216
Attachment 2, Exhibit B
GP/CLUP Consistency Analysis
Sywest Industrial Warehouse Project

46 housing assistance as part of employee benefit packages, or other alternatives of similar value.

Consistent. As an industrial project located in close proximity to the end of the commercial runway of the Santa Barbara Airport and given the flood plain issues associated with the site, no housing is proposed on the site. Project conditions will require paym ent of all Development Impact fees, including the Affordable Housing impact fee . The Affordable Housing in lieu (HIL) fee is a fair -share contribution to providing affordable housing within the City. The applicant will have the option of proposing an alternative to the payment of the HIL as outlined Policy HE 2.2. For this reason, the Project is consistent with this policy.

217
ATTACHMENT 2, EXHIBIT C
ALTERNATIVE 2 ZONING CONSISTENCY ANALYSIS
218
Attachment 2, Exhibit C
Zoning Consistency Analysis
Sywest Industrial Warehouse Project

Alternative 2
Development Plan
Consistency with Applicable Coastal Zoning Ordinance
Requirements
M-S-GOL / M-1

M-S-GOL Zoning
Requirements
M-1 Zoning
Requirements Alternative 2
Front Yard Setback on
South Kellogg Avenue:

Fifty (50) feet from the
centerline and twenty (20)
feet from the right-of-way
line of any public street.

Front Yard Setback on
South Kellogg
Avenue:

Fifty (50) feet from the
centerline and twenty
(20) feet from the right-
of-way line of any public
street.

Consistent
The proposed industrial
building’s front setback would be
more than 50 feet from the
centerline and 20 feet from the
right-of-way of South Kellogg
Avenue.

Side Yard Setback on
East and West Sides:

Ten (10) feet.

Side Yard Setback on
East and West Sides:

Ten (10) feet.

Consistent
The proposed industrial
building’s side setback would be
more than 10 feet from property
lines.

Rear Yard Structure
Setback:

Ten (10) feet.

Rear Yard Structure
Setback:

Ten (10) feet.

Consistent
The proposed industrial
building’s rear setback would be
more than 10 feet from property
lines.

Required Parking
Warehouse Total
Required: 82

Required Parking
Warehouse Total
Required: 82
Consistent
Total Provided: 101
Building Coverage:

No coverage requirement
Building Coverage:

Not more than fifty (50)
percent of the net area
of the property shall be
occupied by buildings
and structures.

Consistent
The proposed industrial building,
parking lot, landscaping, and
sidewalks would occupy
approximately 5.73 acres of the
total 11.77 -acre project site
(approximately 48.6 percent).

219
Attachment 2, Exhibit C
Zoning Consistency Analysis
Sywest Industrial Warehouse Project

M-S-GOL Zoning
Requirements
M-1 Zoning
Requirements Alternative 2

Building Height limit:
35 feet

The zoning ordinance
defines building height as
the vertical distance from
the average finished grade
of the lot covered by the
building to the mean
height of the highest
gable or pitch of a hip roof.

Building Height limit:
45 feet

The zoning ordinance
defines building height
as the vertical distance
from the average
finished grade of the lot
covered by the building
to the mean height of
the highest gab le or
pitch of a hip roof.

Consistent
The proposed industrial building
would be approximately 39 to 41
feet in height above existing
grade; however, the actual
building would be 35 feet from
finished grade, elevated upon
approximately 4 to 6 feet of fill
based on Article II standards.

Therefore, the industrial building
would not exceed 35 feet from
finished grade and would be
consistent with the applicable
requirements.

Landscaping:

Not less than ten (10)
percent of the net lot area
shall be landscaped.

Outdoor storage areas
shall be screened from
view of any street by a
wall or fence six (6) feet in
height. Such a wall or
fence shall be located not
closer than ten (10) feet to
the street right-of-way line.

The space between the
wall or fence and the right
of way line shall be
landscaped.

Landscaping:

Not less than ten (10)
percent of the net lot
area shall be
landscaped.

Outdoor storage areas
shall be screened from
view of any street by a
wall or fence six (6) feet
in height. Such a wall or
fence shall be located
not closer than ten (10)
feet to the street right -
of-way line. The space
between the wall or
fence and the right of
way line shall be
landscaped.

Consistent
The project would include
60,939 square feet of
landscaping, or 25 percent of
the project site. The project
would include landscaped areas
along outdoor trash enclosures
such that they are screened
from view from South Kellogg
Avenue. The trash enclosure
walls would be at least six (6)
feet in height.

The Project would be consistent with the front , side and rear yard setbacks, parking design, building coverage, height limit, and landscaping requirements of the applicable zoning regulations of Article II.
220
ATTACHMENT 2, EXHIBIT D
ALTERNATIVE 2 CONDITIONS OF APPROVAL
221
Attachment 2, Exhibit D
Development Plan Conditions of Approval
Sywest Industrial Warehouse Project

1 CONDITIONS OF APPROVAL

SYWEST INDUSTRIAL WAREHOUSE PROJECT

DEVELOPMENT PLAN
ALTERNATIVE 2
CASE No. 17-121-DP

In addition to all applicable provisions of the Goleta Municipal Code (“GMC”), Sywest Development (“Applicant” or “Permittee” or “Owner”) agrees to the following conditions for the City’s approval of Case No. 17-121-DP (“Project Conditions”). The terms Applicant/Permittee/Owner in these conditions will be referred to as Permittee.

Unless the contrary is stated or clearly appears from the context, the construction of words and phrases used in these Project Conditions use the definitions set forth in the GMC. For purposes of these Project Conditions, the term “Director” refers to the Planning and Environmental Review Director, or designee.

1. AUTHORIZATION
a. The Development Plan , Alternative 2, allows the construction of a 70,594 -square- foot industrial warehouse and associated improvements. The project includes the installation of 106,520 square feet of landscaping, 92 parking spaces, and 8 loading zones. The project involves the demolition of a freestanding movie screen, concessions stand, projector building, two drive -through ticket booths, one walk -in ticket booth, and an agricultural storage box storing flattened cardboard boxes .

Development of the project would require approximately 600 cubic yards (CY) of soil cut and approximately 39,200 CY of soil fill. Alternative 2 would include demolition of the same existing drive-in theater structures and has identical total building area statistics as the originally proposed project . However, the lay out and shape of the industrial building would be reconfigured and the location on the project site would be shifted to the northwest and southwest in order to avoid development within the San Jose Creek 100 -foot SPA buffer to the extent feasible. Alternative 2 has a n additional 45,581 square feet of landscaping, nine fewer parking spaces, two additional loading zones, and 1,200 CY more fill than the originally proposed project.

During operation, the project shall not include any cold storage type uses. b. Approval of the Development Plan will expire five (5) years after approval, unless before the expiration, substantial physical construction has been completed on the Development Plan, or a time extension has been applied for by the Permittee. The decision-maker with jurisdiction over the project may, upon good cause shown, grant a time extension as specified by City regulations. If the Permittee requests a Time Extension, the project may be revised to include updated language to standard conditions and/or may include revised/additional conditions which reflect changed circumstances or additional identified project impacts. Any new fees imposed, and existing fees will be those in effect at the time of the extension request. 222
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Sywest Industrial Warehouse Project

2 c. This permit runs with the land and the rights and obligations thereof, including the responsibility to comply with the Development Plan, are binding upon successors in interest. The Development Plan may be modified, terminated, or abandoned in accordance with applicable law including, without limitation, the GMC. d. On the date that a subsequent Development Plan is approved for this site, any previously approved but unbuilt plans must become null and void. e. Permittee must secure approval from all applicable Agencies with permit jurisdiction including the California Coastal Commission prior to the issuance of Building Permits.
f. The City will only issue permits for development, including grading, when the construction documents (e.g., grading plans, building plans, etc.) are in substantial compliance with the approved Development Plan. The size, shape arrangement, use, and location of buildings, walkways, parking areas, drainage facilities, and landscaped areas must be developed in substantial conformity with the approved plans. Substantial conformity must be determined by the Planning and Environmental Review Director including reflecting any changes made by the California Coastal Commission during its review.
g. Any proposed deviations from the exhibit, project description, or Project Conditions must be submitted to the Planning and Environmental Review Director for review and approval by the appropriate decision maker. Any unapproved deviations from the project approval will constitute a violation of the permit approval. The exhibits associated with this permit include the plans labeled “Attachment C , dated March 20, 2024”, GP Consistency, and Zoning consistency and are herein incorporated by reference.
h. When exhibits and/or written Project Conditions are in conflict, the written Project Conditions must prevail. If/when the Project Conditions and Mitigation Measures are in conflict, the written Mitigation Measures must prevail. i. Permittee agrees to indemnify and hold the City harmless from and against any claim, action, damages, costs (including, without limitation, attorney’s fees), injuries, or liability, arising from the City’s certification of the FEIR, adoption of the MMRP, adoption of Statement of Overriding Consideration (“SOC”), and approval of the Development Plan (the “Project) except for such loss or damage arising from the City’s sole negligence or willful misconduct. Should the City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same is groundless or not, arising out of the City’s approval of the Project, Permittee agrees to defend the City (at the City’s request and with counsel satisfactory to the City) and will indemnify the City for any judgment rendered against it or any sums paid out in settlement or otherwise. For purposes of this section “the City” includes the City of Goleta’s elected officials, appointed officials, officers, and employees.

223
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Sywest Industrial Warehouse Project

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

2. ENVIRONMENTAL IMPACT REPORT MITIGATIONS
a. The Permittee must comply with all mitigation measures identified in the Final EIR prepared for the project in Exhibit B to City Council Resolution No. 25- __. A Mitigation Monitoring and Reporting Program (MMRP) was prepared as part of the environmental review of the project and is attached as Exhibit C to City Council Resolution No. 25-__.

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

3. AGENCY REQUIREMENTS
a. Santa Barbara County Fire Department (SBCFD): Comply with all conditions and requirements outlined in the October 27, 2017 and February 9, 2018 Santa Barbara County Fire Department letters (Exhibit i) or as amended to the satisfaction of the SBCFD prior to issuance of effectuating Land Use Permit. b. Santa Barbara County Air Pollution Control District (APCD). Comply with all conditions and requirements outlined in the letter dated October 24, 2017 (Exhibit ii), or as amended, from the Santa Barbara County Air Pollution Control District to the satisfaction of the APCD prior to the issuance of the effectuating Land Use Permit.
c. Goleta Water District (GWD). Comply with all the requirements of GWD to the satisfaction of the GWD as outlined in the letter dated February 12, 2018 (Exhibit iii), or as amended, including securing a Conditional Can and Will Serve Letter prior to the issuance of the effectuating Land Use Permit.
d. Goleta Sanitary District (GSD). Comply with all the conditions and requirements of the Goleta Sanitary District to the satisfaction of the GSD, including securing sewer service connection permits prior to issuance of effectuating Land Use Permit. e. U.S. Army Corps of Engineers. Comply with all conditions and requirements of the U.S. Army Corps of Engineers to the satisfaction of the USACE, including filing an application for Pre-Construction Notification and an application for a Department of the Army Permit. Proof of Army Corps of Engineers approval shall be provided prior to the issuance of the effectuating Land Use Permit.
224
Attachment 2, Exhibit D
Development Plan Conditions of Approval
Sywest Industrial Warehouse Project

4 f. California Department of Fish and Wildlife (CDFW). Comply with all conditions and requirements of the California Department of Fish and Wildlife to the satisfaction of CDFW, including applying for a Streambed Alteration Notification. Proof of CDFW approval shall be provided prior to the issuance of the effectuating Land Use Permit. g. Central Coast Regional Water Quality Control Board (CCRWQCB). Comply with all conditions and requirements of the Central Coast Regional Water Quality Control Board to the satisfaction of CCRWQCB, including all required permit applications.

Proof of CCRWQCB approval shall be provided prior to the issuance of the effectuating Land Use Permit.
h. Santa Barbara County Flood Control (SBCFC). Comply with all conditions and requirements of the Santa Barbara County Flood Control to the satisfaction of SBCFC, including all required encroachment permits. Proof of SBCFC approval shall be provided prior to the issuance of the effectuating Land Use Permit. i. U.S. Fish and Wildlife Service (USFW). Comply with all conditions and requirements of the U.S. Fish and Wildlife Service to the satisfaction of USFW. Proof of USFW approval shall be provided pri or to the issuance of the effectuating Land Use Permit.
j. National Marine Fisheries Service (NMFS). Comply with all conditions and requirements of the National Marine Fisheries Service to the satisfaction of NMFS.

Proof of NMFS approval shall be provided prior to the issuance of the effectuating Land Use Permit.

4. CITY DEPARTMENT CONDITIONS
a. Public Works Department:
i. Prior to the issuance of any Land Use Permit, the Permittee shall:

Engineering
1) Record the Access and Maintenance Easement, in substantial compliance with the form attached as Exhibit iv, to the City of Goleta and County of Santa Barbara Flood Control and Water Conservation District for the purposes of vehicular and pedestrian access to San Jose Creek for creek maintenance and repair. The portion of the Property subject to the easement are described and depicted in Exhibit iv. Public Works staff will prepare a City Council action item for the acceptance of the easement.

Drainage
2) Obtain approval of the Final Drainage Study from the Public Works Director or designee. The study must:
225
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Sywest Industrial Warehouse Project

5 a) Comply with the requirements of the Santa Barbara County Flood Control District Standard Conditions of Project Plan Approval dated January 2011, available on the City’s web site.
b) Use the Santa Barbara County Urban Hydrograph method or approved equal, provide Hydrology and Hydraulics calculations for the 2, 5, 10, 25, and 100-year storm events for both pre and post construction and mitigate any increase in peak flow for the 2,5-,10-, 25-, and 100-year storm events over existing conditions.
(i) Indicate drainage flows to be anticipated from the entire watershed within which the development location.
(ii) Show drainage across property lines shall not exceed that which existed prior to grading unless the Property Owner agreed and signed a Drainage Easement. Excess or concentrated drainage shall be contained on site or directed to an approved drainage facility. (iii) Indicate that all off tract drainage and flood control facil ities and installations must be installed and completed prior to any grading of the subject development.
(iv) Be prepared, signed, and stamped by the Registered Engineer in California.

Stormwater
3) Secure approval of a Stormwater Control Plan (SWCP) from the Public Works Director or designee. The Permittee shall submit a SWCP for regulated projects that create or replace 2,500 square feet or more of impervious surface and utilizes Low Impact Development (LID) measures to detain, retain and treat runo ff for review and approval by the Public Works Director or designee. The SWCP shall be prepared in accordance with the California Regional Water Quality Control Board, Central Coast Region, Resolution R3- 2013-0032, Post -Construction Stormwater Management Requirements (PCR) for Developmental Projects in the Central Coast Region (PCRs Resolution) and shall use the "Stormwater Technical Guide for Low Impact Development" as set forth by the County of Santa Barbara for guidance in complying with the PCRs Resolution. The following are design considerations when proposing Stormwater Control Measures (SCMs):
a) Surfaced based SCMs including but are not limited to, self-retaining areas, grassy swales, or biofilters should be maximized to the extent practicable to achieve runoff retention before considering SCMs listed within item b of this section.
b) Surface Basin, Subsurface Well, Fluid Distribution System/Galleries and/or Infiltration Trench may require registration as an Environmental Protection Agency (EPA)Class V Injection Well.
226
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Sywest Industrial Warehouse Project

6 c) Fluid Distribution System/Galleries such as Underground Infiltration Chambers (UICs) must follow the Public Works UIC Guidance Document be designed to ensure that they are properly sited, detailed, and maintained to function for short- and long-term compliance. 4) Secure approval of a Stormwater Facilities Operation and Maintenance (O&M) Plan for all parcels from the Public Works Director or des ignee. The Owner/Applicant/Owner shall submit an O&M Plan that will be used to plan, direct, and record the maintenance of all SCMs on -site for review and approval by the Public Works Director or designee. The O&M plan will default to the final O&M Plan if no amendments are needed prior to Owner/Applicant request for Final Occupancy Clearance(s).
5) Submit the Stormwater Data Sheet Application (Page 1 and/or 2 as applicable) with the SWCP and O&M Plan.
6) Secure approval of a Stormwater Pollution Prevention Plan (SWPPP) for all parcels if project is disturbing greater than or equal to ≥ 1 acre soil disturbance OR less than < 1 acre but part of a larger common plan or development (≥ 1 total acres of disturbance) from the Public Works Director or designee. Once approved, the Owner/Applicant shall submit a copy of the Notice of Intent (NOI) and a copy of the State Water Resources Control Board’s (SWRCB) Receipt of NOI Letter with WDID Number as proof of intent to comply with the terms of the National Pollutant Discharge and Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities, or proof of exem ption from an NPDES permit. The SWPPP shall be prepared in compliance with the Construction General Permit (CGP) using the latest version of the CASQA SWPPP template or equivalent. The SWPPP shall be developed, amended, or revised by a Qualified SWPPP Deve loper (QSD). SWPPPs developed pursuant to the CGP may substitute for the E&SC Plan for those projects where a SWPPP is required, if it contains the requirements of the E&SC Plan. 7) Secure approval of a Drainage and Stormwater Facilities Agreement (Maintenance Agreement) for all parcels concurrently from the Public Works Director or designee and execute the Maintenance Agreement, in a form approved by the City Attorney. The Maintenance Agreement shall include, but not be limited to, insurance, security, and other measures to ensure that Permittee properly installs and maintains the Project’s stormwater facilities in perpetuity. The Maintenance Agreement shall include all SCMs that will be inspected and maintained during construction and phased Occupancy Clearances. The Maintenance Agreement will be based on procedures and information outlined in the O&M Plan. The Maintenance Agreement shall include a legal description of the project and project location, and the party responsible for O&M Plan implementation. The Maintenance Agreement shall be signed by the Property Owner accepting responsibility of O&M of the installed onsite and/or offsite treatment and flow control SCMs until such responsibility is legally transferred to another entity in accordance with the 227
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Sywest Industrial Warehouse Project

7 requirements specified within the PCRs Resolution. The Maintenance Agreement shall be recorded with the County of Santa Barbara. The Property Owner shall provide a signed, and notarized Maintenance Agreement to the City for final review and acceptance by the City prior to recordation. The Property Owner is responsible for all of the costs associated with the preparation and recordation of said Maintenance Agreement. Supporting documentation for the Maintenance Agreement may require updates and revisions to reflect ‘Record Drawing/As -Built’ conditions, and the ‘As -Built’ information will be submitted to the City for review prior for acceptance prior to inclusion in said Maintenance Agreement.

Grading Plans
8) Show all existing survey monuments to be preserved and/or tied out in coordination with the County of Santa Barbara’s Surveyor’s Office. Survey monuments that control the location of subdivisions, tract boundaries, roads, streets, or highways or provide horizontal or vertical survey control shall be surveyed and documented in accordance with Section 8771 of the Land Surveyor’s At. Preliminary copies of pre - and post - construction Corner Records shall be provided to the City as evidence of compliance with the Land Surveyor’s Act.
9) Indicate all Right-of-Way Easements and Monuments.
10) Provide official documentation approving use of an easement from all utilities that have easement rights for the use of the applicable easements. 11) Reset survey monuments if damaged during construction. If survey monuments are damaged or affected by the construction activities, the City will require a security for the resetting of the survey monuments disturbed by construction. The Owner/Applicant shall submit an estimate, signed, and stamped by a Licensed Surveyor in the Stat e of California for monument preservation. This estimate will be used to determine the amount of the security.

ii. Prior to Encroachment Permit(s) Issuance, the Permittee must:

Encroachment Permit
1) Obtain approval of all Public Improvements from the Public Works Director or designee pursuant to adopted City Standards.
2) Comply with City Resolution No. 15-46, Construction and Major Maintenance Limitations in the Public Right-of-Way for construction working hours and lane closure limitations.
3) Construct or Repair 18 feet of Property Frontage.
4) If necessary, submit for and secure approval of a Haul Permit (50 Cubic Yards or more of export or import) from the Public Works Director or designee. All 228
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Development Plan Conditions of Approval
Sywest Industrial Warehouse Project

8 applicable permits for the placement of exported material at off-site location(s) within the City limits must be provided to the Public Works Director or designee. The Haul Permit must clearly identify:
a) The proposed haul routes.
b) The proposed location for placement of export material. c) Measures to ensure that all haul trucks h auling debris, sand soil and/or other loose materials shall be covered and/or maintain a minimum 2 feet freeboard.
d) Measures to ensure that construction vehicles only use the City’s designated Truck Routes, as clearly indicated on the Haul Route Exhibit.

All other routes are prohibited.
e) Measures to ensure that construction parking is implemented in a manner that will minimize the potential for traffic interference. Include construction parking designated area(s) on Haul Route exhibit.
f) Clearly identify the proposed area for construction vehicle staging and location(s) for construction vehicle ingress and egress. The ingress/egress pattern shall be identified on the Haul Route Exhibit.
iii. Prior to Grading/Building Permit issuance, the Permittee must:

Waste Reduction
1) Prior to the design of the enclosure, applicants shall determine the volume of material that will be generated by the facility weekly. Once calculated, Permittee must determine the type of bins required, the appropriate size of the enclosure, and the estimated number of pick-ups per week. The size and dimensions of the trash enclosure are based on the required number and size of containers for trash, recycling, and organic waste (green waste and/or food waste). The City recommends the waste generation calculator available in the City of Santa Barbara’s Guidelines on Page 9 and 23.
2) Permittee will display all enclosure parts to scale with labels and dimensions on building plans. Show the containers to scale inside the enclosures, including the size of bins or carts. There must be a 2 -foot minimum distance between bins. Permittee must include this information on the Site Plan unless noted otherwise.
3) Secure approval of Trash/Recycling Areas to implement City approved and/or adopted guidelines as approved by the Public Works Director or designee.

The design must ensure that organics and other pollutants are not transported to the nearest storm drain or waterway via irrigation.

One Week Before Construction Begins:
4) Secure approval of a Construction and Demolition (C&D) Debris Recycling from the Public Works Director or designee. Provide a copy of the signed Certificate of Implementation of State Law: Construction and Demolition 229
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Development Plan Conditions of Approval
Sywest Industrial Warehouse Project

9 (C&D) Debris Recycling Program ensuring compliance with the Green Building Code. This form indicates who will haul all material and an account number for the C&D project from the hauler. This will facilitate the recycling of all construction recoverable/recyclable materials. The project will be required to exceed the CalGreen minimum diversion requirement of 65% of the project’s solid waste to be diverted from the landfill and instead provide a 75% diversion rate. If it is infeasible to achieve a 75% diversion rate based on the materials and soils on the site, a written request must be submitted, and authorization must be obtained from the Public Works Director or designee to reduce the diversion rate. If a diversion rate reduction is authorized, it still must meet the CalGreen minimum diversion requirement of 65%.

One Week Before Project Closeout
5) Submit a Post-Construction Waste Reduction and Recycling Summary Report (WRRS) including the form, weight tickets, and other relevant records to Public Works Environmental Services Division for review and approval. The Report shall s ubstantiate how the agreed upon diversion goal (minimum of 65%) was met by the project during construction, and provide the actual amounts of material generated and what the final diversion rate was, along with either scale house receipts or a summary from the diversion facility used substantiating each load brought to the facility, the tonnage, and the diversion achieved.
iv. Prior to commencement of grading and/or construction activities, the Permittee must:
1) The Permittee is required to invite Environmental Services Division staff to the Pre-Construction Meeting with the Construction Manager, site QSP/QSD, and Construction Crew to receive training on stormwater BMPs and to coordinate inspection of all SCMs including UICs installed during construction. 2) The Permittee must provide Environmental Services Division staff with a schedule 2 weeks in advance of the SCMs including Surface Basin, Subsurface Well, Fluid Distribution System/Galleries including UICs and/or Infiltration Trench installations, so Environmental Services can inspect and verify subgrade and subsequent construction details for all SCMs. v. During construction, the applicant/permittee must:
1) Ensure ongoing compliance with the E&SC Plan or SWPPP and shall perform inspections and maintenance on all installed BMPs, including work performed within the Road right-of-way, and the SCMs as identified in the Maintenance Agreement. Maintenance Reports shall be submitted to Environmental Services ([email protected]). 2) Ensure ongoing implementation of BMP Requirements, including dust control of soil off -site. The Permittee shall identify appropriate BMPs to control the volume, rate, and potential pollutant load of stormwat er runoff; and ensure that BMPs are installed, implemented, and maintained through the duration of 230
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Development Plan Conditions of Approval
Sywest Industrial Warehouse Project

10 the project (construction, new or redevelopment) to minimize the potential discharge of pollutants to the Storm Drain System. These requirements may include a combination of structural and non -structural BMPs that are consistent with the California Storm Water Quality Association (CASQA) Best Management Practice Handbook, most current edition (or equivalent), and shall include requirements to ensure the proper long-term operation and maintenance of these BMPs.
3) Ensure the use of the SCMs during active construction should be documented within the E&SC Plan or the SWPPP as well as shown on the grading and drainage plans. The following measures must be implemented during active construction to protect post -construction SCMs and while disconnected to ensure that they function properly:
a) SCMs such as UICs or bioretention basins must be protected from sedimentation during construction activities or until the site surf ace conditions are stabilized. Erosion and Sediment Control BMPs must be inspected and maintained to ensure effectiveness so that inflow of sediment from runoff from nearby stockpiles and disturbed areas, etc. does not occur that could cause SCM to clog an d compromise the effectiveness of the long-term operation.
b) SCMs must also be protected from construction wastewater (concrete, stucco, paint, etc.), construction debris or other materials during construction activities that can cause the SCMs to clog and c ompromise the effectiveness of the long-term operation.
c) SCMs should be kept off-line until the surrounding tributary areas are fully stabilized to prevent clogging.
d) Minimize compaction of soils and restrict heavy equipment in the area of SCMs to ensure infiltration rates are not affected. If compacted, the contractor will restore the native soil infiltration rates through ripping or disking.
e) Infiltration testing may be required to verify infiltration rates after installation.
vi. Prior to Issuance of the Certificate of Occupancy, the Permittee must:
1) Schedule a Final Construction Inspection and PCR Field Verification Inspection.
a) Final Construction Inspection - Following the completion of active construction and stabilization of disturbed areas the Public Works Director or designee will conduct an inspection in accordance with the Construction Site Inspection Form, to verify all temporary erosion and sediment control measures and BMPs have been removed and completed work is in compliance with the approved Plans and ‘Record Drawing/As-Built’ Plans. 231
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Sywest Industrial Warehouse Project

11 The City shall note that any outstanding issues have been resolved in a manner acceptable to the City.
b) Final PCR Field Verification Inspection - The PCR field verification inspection must include a visual inspection of each of the SCMs to ensure the SCMs are installed according to the SWCP and As -Builts. The Owner/Applicant shall submit all images, dimensions, and elevations of constructed SCMs prior to the request for Occupancy Clearance to verify the installation of a ll SCMs that are subgrade or otherwise unable to be verified by Final PCR Field Verification Inspection. If design changes were implemented, ‘Record Drawing/As-Built’ Plans shall be submitted prior to the request for PCR Field Verification Inspection. The field verification inspection for UICs shall include, but are not limited to:
(i) Photo Documentation: UICs via Inspection Ports and Manholes, Drain Inlet (atrium grates, catch basins, area drains, etc.), Pre -treatment devices, Disconnected Downspouts; and/or
(ii) Video Inspection of UICs via Inspection Ports and Manholes to verify that the chambers are free of sediment, construction wastewater (concrete, stucco, paint, etc.), construction debris or other materials and standing water; and
(iii) Water Depth Measurements.
2) Complete the SWCP Certification of Approval and submit the following support documentation:
a) Record Drawings/As-Built Site Plans - The Plans submission shall include CAD drawing files and GIS files of as -bult conditions including all storm drain infrastructure installation and/or improvements.
b) Quality Assurance/Quality Control Summary Checklist
(i) SCM Installation Elevations by Licensed Surveyor as determined on plan.
(ii) SCM Basin Dimensions and Depths.
(iii) Photo Documentation of SCMs throughout the installation of the project (including installation of Liner and Geotextile Materials). (iv) Material Submittals for Liner and Geotextile Materials which may be invoices.
(v) Soil Compaction Report by Licensed Soils Engineer documenting compliance with SCMs and project plans (if applicable). (vi) SCM Proof of EPA Registration for Class V Injection Wells (if applicable).
c) Approved Revised Stormwater Control Plan (if applicable). d) Approved Revised Operation & Maintenance Plan (if applicable). 232
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Sywest Industrial Warehouse Project

12 3) Pay all required City Fees associated with the Development as outlined in Planning and Environmental Review Condition #4(b)(i)(1). 4) Submit a Private Improvement Certification (PIC) for parking lots, roads, sidewalks, etc. by the Engineer of Record. The Certificate shall include Record Drawing/As-Built Plans and Quality Assurance testing information and results or submit a deposit of $5,000.00 until the PIC can be completed. 5) Complete all public improvements required and close out the related encroachment permits for public improvement. Associated As -Built Plans shall be submitted electronically to the Public Works Director or designee. The As-Built Plans shall incorporate all changes and/ or revisions. 6) Implement the improvements identified in the Sywest Updated Traffic and Circulation Study Deficiency Plan dated December 11, 2023, and July 24, 2024, or pay the City an in lieu fee for the cost of the improvements.

b. Planning and Environmental Review Department
i. The following standards/requirements are general/on-going and must be complied with by the Permittee and/or successors in interest:
1) The Permittee is responsible for ascertaining and paying all City Development Impact Fees, including without limitation, fire facility fees, library fees, fire protection, police services fees, public administration fees, and transportation fees as required by the GMC. In addition, the impact fees established by the Goleta Union/Santa Barbara Unified School Districts (School Fees) shall also be paid in accordance with the requirements of those entities. This condition also serves as notice pursuant to Government Code Section 66020 (d) that the City of Goleta is imposing development impact fees (“DIFs”) and the applicant has 90 days after the imposition of the fees to protest fees.

The Permittee must pay all applicable development impact fees and other contributions in full no later than at the time specified in the chart below. The actual fee may be different than that listed below, as the Permittee must pay the most current rate of the fee in effect at the time of payment and on the latest edition of the Institute of Traffic Engineers Trip Manual. At the Permittee’s discretion, the Permittee may choose to pay the below listed fees at any time after project approval , but no later than the time frame specified.

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Sywest Industrial Warehouse Project

13 FEE RATE ESTIMATED
FEE
TIME
DUE
AGENCY
Fire Facility
(70,594 sq. ft.)
$747 per ksf. $52,734 CO City
Library
(70,594 sq. ft.)
$100 per ksf $7,059 CO City
Public Administration
(70,594 sq. ft.)
$314 per ksf $22,167 CO City
Transportation
(37 PM Peak
Hour Trips)
$15,951 per PM
Peak Hour trip
$590,187 CO City
Bicycle & Pedestrian
(70,594 sq. ft.)
$314 per ksf $22,167 CO City
Park Fee
(70,594 sq. ft.)
$1,203 per ksf $84,925 CO City
Affordable Housing
(70,594 sq. ft.)
$5,871 per ksf $414,457 CO City
Storm Drain
(70,594 sq. ft.)
$1,272 $89,796 CO City
School Fees Set by
School
Districts
-- BP Goleta Union
&
SB Unified
School
Districts
TOTAL __ $1,283,492 __ __
CO = Certificate of Occupancy
BP = Building Permit

2) Any modifications to the approved plans including but not limited to site plan, floor plans, elevations, landscaping, colors and materials, cannot be executed without the Planning and Environmental Review Director or designee’s approval.
3) Before using any land or structure, or commencing any work pertaining to the erection, moving, alteration, demolition, enlarging or rebuilding of any building structure, or improvement, the Permittee must obtain a grading and/or building permit from the Planning and Environmental Review Director or designee. The grading and building plans must be prepared in accordance with Chapter 15 of the GMC.
4) All plans submitted for permit issuance (e.g., grading, building permit, etc.) must include all applicable conditions of project approval. 5) Before the start of any work on-site, the Permittee must conduct a pre- construction meeting that includes the Permittee, project superintendent, architect, subcontractors, as well as City representatives from the Planning 234
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Development Plan Conditions of Approval
Sywest Industrial Warehouse Project

14 and Environmental Review and Public Works Departments and including all elements included in the Mitigation Monitoring and Reporting Program. 6) All work within the public right-of-way, including without limitation, utilities and grading, must be explicitly noted on the building plans. The Permittee must obtain all necessary encroachment permits from the Public Works Director or designee, before commencing work within or over the public right-of- way including without limitation, water meters, backflow devices, signs, and curb/gutter/sidewalk improvements.
7) Any temporary building, trailer, commercial coach etc. installed or used in connection with the construction of this project must comply with the requirements of Section 35-132 Article II of the City’s Coastal Zoning Ordinance.
8) The Permittee is responsible for informing all sub-contractors, consultants, engineers, or other business entities providing services related to the project of their responsibilities to comply with these conditions including, without limitation, the GMC. This includes the requirements that a business license be obtained to perform work within the City as well as the City’s construction hour limitations.
9) Project construction hours are limited to Monday through Friday 8:00am- 5:00pm and generally prohibited on weekends, and on observed state and federal holidays. Exceptions to these restrictions may be made for good cause at the sole discretion of the Planning and Environmental Review Director or designee. The permittee must post the allowed hours of operation near the entrance to the site so that workers on site are aware of the limitations.
10) The prohibition of cold storage uses must be printed on the final approved plans, and each tenant space lease documents.
11) The Permittee shall monitor future sea level rise and flood levels within San Jose Creek and construct on -site flood control measures as determined appropriate by the City and other Responsible Agencies such as elevating the access road to the proposed industrial building above the 100-year floodplain elevation. Such an improvement would not be allowed to block the access easement used for access to San Jose Creek. The potential effects of sea level rise on the proposed project would be evaluated 50 years after the start of construction in conjunction with the Santa Barbara County Flood Control District. This condition of approval will only be implemented should sea level rise reach a level that permanently inundates the project site such that access to the site is blocked. At such time, the Permittee would apply for the appropriate coastal development permit and environmental review for such an improvement.
235
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15 12) The Permittee shall test all imported soil fill materials to ensure that hazardous materials are not prese nt in amounts that exceed regulatory thresholds . No soil fill materials shall be taken from Goleta Beach.
ii. Before the City issues a Land Use Permit, the Permittee must:
1) Permittee shall execute and record an avigation easement for the benefit of Santa Barbara Airport/ City of Santa Barbara as determined necessary and/or if one has not already been granted. A copy of the recorded document must be provided to the City of Goleta prior to the issuance of the Land Use Permit 2) Secure Design Review Board (DRB) approval of the architecture, including building colors and materials.
3) Secure DRB approval of landscaping and irrigation plans. a. The landscaping plan must:
i. Consist of at least 75% drought-tolerant native or Mediterranean type plants which adequately complement the project design and integrate the site with surrounding land use. The plant material used in the landscape palette must be compatible with the Goleta climate pursuant to Sunset Western Garden Book Zone 24 published by Sunset Books, Inc. Revised and Updated 2012 edition or a more current edition. The landscape plan must be compliant with Mitigation Measures MM Bio-6, MM Bio-7, and MM Geo-1.
ii. All pesticides, herbicides, and fertilizers used at the Project site must be those designated for use near aquatic and wetland habitats and must be applied with techniques that avoid over -spraying and control application to avoid excessive concentrations. Rodenticides are prohibited.

A Landscape Chemical and Pest Management Plan (Plan) must be developed by the Permittee and approved by the Planning and Environmental Review Director, prior to issuance of the effectuating Land Use Permit . The requirements must be printed on the final approved landscape plans, each tenant space lease documents, and recorded on the property’s deed. The Plan must provide a prohibition on use of pesticides, herbicides, fertilizers and rodenticides.

Evidence of this effort must be provided to the Planning and Environmental Review Director, each year by January 1st. The Permittee must also provide the Planning and Environmental Review Director with an annual monitoring report by January 1st of each yea r demonstrating the use of aquatic and wetland habitat appropriate fertilizer, herbicides, and pesticides consistent with the Plan on the property. If determined necessary by the City, the City may require the 236
Attachment 2, Exhibit D
Development Plan Conditions of Approval
Sywest Industrial Warehouse Project

16 Applicant/Permittee to retain a City approved qualified biologist to verify the correct use of appropriate herbicides, pesticides, and fertilizers as part of the annual monitoring report.
b. The irrigation plan must:
i. Demonstrate compliance with the City’s Water Conservation regulations and Guidelines for Water Conservation in Landscaping.

Use reclaimed water to irrigate landscaped areas if the recycled waterline is extended to serve the site. If that occurs, then dual water connections must be installed to allow for landscaping to be irrigated by reclaimed water, if feasible.

ii. Utilize efficient irrigation systems which minimize runoff and evaporation and maximize the water which will reach plant roots (e.g., drip irrigation, automatic sprinklers equipped with moisture sensors, etc.)
iii. Utilize automatic sprinkler systems that must be set to irrigate landscaping during early morning hours or during the evening to reduce water losses from evaporation. Sprinklers must also be reset to water less often in cooler months and during the rainfall season so that water is not wasted by excessive landscaping irrigation. c. The project must minimize outdoor water use through the following:

i. Use of native and/or drought tolerant species in the final landscaping;
ii. Installation of drip irrigation or other water-conserving irrigation; iii. Grouping of plant material by water needs;
iv. Limiting turf to less than 20% of the total landscaped area if proposed under the final landscape plan or use of artificial turf in place of living grass (this may exceed the 20% maximum); v. No turf is allowed on slopes of over 4%;
vi. Use of extensive mulching (2" minimum) in all landscaped areas to improve the water holding capacity of the soil by reducing evaporation and soil compaction;
vii. Installation of soil moi sture sensing devices to prevent unnecessary irrigation;
viii. Use of only recycled water for landscape irrigation if the Project site is connected to a recycled water line;
ix. Use of plant materials that can withstand high salinity levels, if recycled water is used for irrigation; and
x. Use of plant materials that are compatible with the Goleta climate pursuant to Sunset Western Garden Book’s Zone 24, published by Sunset Books, Inc., Revised and Updated 2001 edition. 237
Attachment 2, Exhibit D
Development Plan Conditions of Approval
Sywest Industrial Warehouse Project

17 d. The project must minimize indoor water use through the following:

i. Insulation of all hot water lines;
ii. Installation of re -circulating, point -of-use, or on -demand water heaters;
iii. Prohibition of self-regenerating water softening in all structures; iv. Use of lavatories and drinking fountains with self-closing valves; and
v. Installation of water sense specification toilets in each unit.

4) The applicant must enter into a Landscape Maintenance Agreement, in a form approved by the City Attorney, with the applicant to maintain required landscaping and water -conserving irrigation systems on private property for an appropriate time period set by the City.

5) Secure approval of an exterior lighting plan and photometric light study plan from the DRB.
a. The lighting plan must:
i. Minimize off-site glare.
ii. Use lighting devices that are enclosed and protected by weather and vandal resistant covers.
iii. Illuminate street addresses with a minimum maintained of one foot- candle of light on the ground surface during hours of darkness. Street addressing must be a minimum of 4 inches high and must be visible from the street or driving surface, of contrasting color to the background and be illuminate during hours of darkness. Addressing must also be shown on the building plan elevations.
iv. Identify lighting that is fully shielded.
v. Identify lighting that is off, or dimmed on motion sensors, when the building is not in operation.

6) Secure approval of a composite utility plan from the Planning and Environmental Review Department and the DRB. All external/roof mounted mechanical equipment (including solar panels, HVAC condensers, switch boxes, etc.) must be included on all building plans and designing this equipment must be integrated into the structure and/or screened in its entirety from public view.
238
Attachment 2, Exhibit D
Development Plan Conditions of Approval
Sywest Industrial Warehouse Project

18 Screening may include a combination of landscaping and/or fencing/walls.

Utility transformers must be placed in underground vaults where they are completely screened from view, unless otherwise approved by the Planning and Environmental Review Director. All meters painted must be concealed by matching the color of the building. All backflow prevention devices and communications equipment must be concealed in an enclosed portion of the building, on top of the building, or within a screened utility area. All transformers and vaults installed within the public right-of-way must be below grade unless otherwise approved by the Planning and Environmental Review Director and the Public Works Director and then completely screened from view.
7) Design the buildings to comply with all GMC standards and mitigation measures for the attenuation of interior noise to the satisfaction of the Planning and Environmental Review Director.
8) Provide trash/recycling enclosures that are compatible with the architectural design of the Project, of adequate size for trash and recycling containers (at least 50 square feet), and acces sible by residents and for removal. The trash/recycling areas must be enclosed with a solid wall of sufficient height to screen the area, with a solid gate and a roof, to be maintained in good repair in perpetuity and must be included on final Project plan s and before the City issues a Land Use Permit for construction. The enclosures are required to be approved by the City Design Review Board (DRB).
9) The applicant must prevent construction and/or employee trash from blowing offsite by providing covered receptacles on-site before commencement of any grading or construction activities; picking up waste weekly or more frequently as directed by the Planning and Environmental Review Director, or designee; and designating and providing the Planning and Environmental Review Director, or designee, the name and phone number of a contact person(s) to monitor construction trash/waste and organize a clean -up crew. Additional covered receptacles must be provided as determined necessary by the Planning and Environmental Review Director, or designee.

10) The applicant must promptly remove any graffiti at the Project site.

11) Incorporate energy conservation measures into the building design. All new residential buildings must comply with the energy efficiency standards set forth in the Goleta Municipal Code, and with the CalGreen+ Building Code standards.
12) Obtain all the necessary approvals, licenses, and permits and pay all of the appropriate fees as required by the City. Before any permit may be issued by the City of Goleta, the Permittee must obtain written clearance for each development phase from all Departments/Agencies having 239
Attachment 2, Exhibit D
Development Plan Conditions of Approval
Sywest Industrial Warehouse Project

19 conditions or project approval. Such clearance must indicate that the Permittee has satisfied all pre-construction conditions. 13) Secure the construction site with a minimum 6-foot-high fence. The fence must be covered with material approved by the Planning and Environmental Review Director to minimize dust leaving the site. 14) Submit a Compliance Review application with the City and pay all required fees to cover the full costs of compliance monitoring.
15) The Applicant/Permittee, at its sole expense, must retain a City -qualified archaeologist and local Chumash Native American observer to monitor all ground disturbing construction activities. Fi eld notes generated by the local Chumash Native American observer shall be made available upon request to the extent that the information is not considered confidential under applicable law. A construction Monitoring Treatment Plan shall be developed and implemented to ensure that any new discoveries are adequately recorded, evaluated, and, if significant, mitigated. The Construction Monitoring treatment plan shall describe the following:
a) Specifications that all ground disturbances shall be monitored by a City - qualified archaeologist and a Chumash Native American observer; b) Qualifications and organization of monitoring personnel; c) Procedures for notifying the City and other involved or interested parties in case of a new discovery;
d) Procedures that would be used to record, evaluate, and mitigate new discoveries with minimum of delay; and
e) Procedures that would be followed in case of discovery of disturbed as well as intact human burials and burial -associated artifacts. The City -qualified archaeologist and Chumash Native American observer shall have the authority to temporarily halt or redirect construction in the vicinity of any potentially significant discovery to allow for adequate Phase 3 data recovery recordation, evaluation, and mitigation. Evaluation and mitigation could require additional archaeological testing and data recovery. In the highly unlikely event that isolated human remains are encountered, consultation with the most likely Native American descendant, pursuant to Public Resources Code section 5097.97 and 5097.98, would apply.
f) Results of the monitoring program shall be documented in a report af ter completion of all ground disturbing activities.
16) Discovery of Cultural Resources. If archaeological resources are encountered during grading, work must be stopped immediately or redirected until the City- approved archaeologist and local Chumash Nati ve American observer can 240
Attachment 2, Exhibit D
Development Plan Conditions of Approval
Sywest Industrial Warehouse Project

20 evaluate the significance of the find pursuant to the Phase II investigation standards set forth in the City Archaeological Guidelines. The Phase II study must be funded by the Permittee at their sole expense. If resources are found to be significant, they must be subject to a Phase 3 mitigation program consistent with City Archaeological Guidelines. The Phase 3 mitigation program must be funded by the Applicant/Permittee.
17) A contract for the Construction Monitoring Treatment Plan, including identification of the City -qualified archaeologist and Chumash Native American observer, shall be approved by the City prior to the issuance of any Zoning Clearance issued for the project. The City-qualified archaeologist and Chumash Native Am erican observer must be onsite during all project excavation, grading or other soil disturbance.
18) During grading and construction activities, the Permittee, to the satisfaction of the Planning and Environmental Review Director and/or the Public Works Director, must:
a. Prevent construction and/or employee trash from blowing offsite by:
i. Providing covered receptacles on-site before commencement of any grading or construction activities;
ii. Picking up waste weekly or more frequently as directed by the City; and
iii. Designating and providing to the Planning and Environmental Review Director the name and contact information of the project foreman who will monitor construction trash/waste. Additional covered receptacles must be provided as determined necessary by Planning and Environmental Review Director.
b. Ensure that public sidewalks remain open at all times. c. Ensure that all haul trucks, hauling soil, sand, and other loose materials, are either covered or maintain two feet of freeboard.
d. Reduce NOx emissions during construction by limiting the operation of heavy duty construction equipment to no more than 5 pieces of equipment at any one time.
e. Maintain equipment and vehicles engines in good condition and in proper tune as per manufacturer’s specifications and per APCD rules to minimize dust emissions.
f. Use electricity from temporary power poles rather than temporary diesel or gasoline powered generators.
241
Attachment 2, Exhibit D
Development Plan Conditions of Approval
Sywest Industrial Warehouse Project

21 g. Ensure that construction vehicles only use the City’s designated Truck Routes to the satisfaction of the Public Works Director. All other routes are prohibited. Construction traffic must be routed away from congested streets.
h. Configure construction parking to minimize traffic interference to the satisfaction of Public Works Director.
i. Provide temporary traffic controls during all phases of construction activities to maintain traffic flow (e.g. flag persons) to the satisfaction of the Public Works Director.
j. Secure approval of the construction vehicle staging and location of vehicle ingress/egress location and the use of temporary construction driveways from the Public Works Director or designee.
k. Use electric equipment if feasible to replace diesel-powered equipment such as booster pumps or generators.
l. Install catalytic converters on equipment if feasible. m. Equip equipment with two to four degree engine time retard or pre- combustion chamber engines.
n. Use methanol or natural gas powered mobile equipment and pile drivers instead of diesel equipment if readily available at competitive prices. iii. Before the City issues certificate of occupancy, the Permittee must:
1) Install all required Trash enclosures in accordance with approved plans. 2) Screen all mechanical equipment in accordance with approved plans 3) Install all landscaping and irrigation in accordance with approved plans. 4) Screen all new utility service connections and above-ground mounted equipment such as backflow devices, etc. from public view and/or painted in a soft earth tone color so as to blend in with the project (red is prohibited) in accordance with approved plans.
5) Pay all adopted impacts fees due including but not limited to Fire Service, Parks, Transportation, Library, Public Administration, Bicycle and Pedestrian, Affordable Housing, and Storm Drain, and any other fees at rates in effect at the time.
6) Remove temporary construction driveway if one is installed. 7) Secure final clearance from all applicable Agencies including Resource Agencies/City Departments as needed.
242
Attachment 2, Exhibit D
Development Plan Conditions of Approval
Sywest Industrial Warehouse Project

22 By signing this document, Bill Vierra, acting as agent on behalf of Sywest Development, certifies that they read, understands, and agrees to the Project Conditions listed in this document.

Bill Vierra, Sywest Development Date
243
ATTACHMENT 2, EXHIBIT D, i
Fire Department Letters
244
245
246
247
248
249
ATTACHMENT 2, EXHIBIT D, ii
APCD Conditions
250
251
252
253
254
255
ATTACHMENT 2, EXHIBIT D, iii
Goleta Water District
Preliminary Water Service Determination
256
257
258
259
ATTACHMENT 2, EXHIBIT D, iv
Sywest Easement to the City
260
65266.00412\33720097.3

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

CITY OF GOLETA
130 Cremona Drive, Suite B
Goleta, California 93117

_____________________________________________________________________________ No Recording Fee Pursuant to Gov’t Code §§ 6103 and 27383 (Space above this line is for Recorder’s use) No Documentary Transfer Tax Pursuant to California Revenue & Taxation Code §11922

ACCESS AND MAINTENANCE EASEMENT

THIS ACCESS AND MAINTENANCE EASEMENT is entered into this ___ day of ________________, 202_, by and between GOLETA GARDENS LLC, a California limited liability company (“Grantor”) and the CITY OF GOLETA, a municipal corporation of the State of California, and the Santa Barbara County Flood Control and Water Conservation District, a special district, (collectively hereinafter “Grantee”) who hereby agree as follows:

1. Grantor’s Property. The Property that is the subject of the Easement i s located at 907 S. Kellog Avenue, in the City of Goleta, the County of Santa Barbara, State of California, commonly known as APN 071 -190-035-00, and is further described in Exhibit “A” attached hereto (“Property”). Grantor covenants that it is the owner of the above described real property and has full right, power, and authority to grant this Easement, and that said Property is free and clear of encumbrances and liens of whatsoever character except those recorded against the Property.

2. Grant of Easement . Grantor hereby grants to Grantee, and its successors and assigns, a perpetual nonexclusive easement and right of way for pedestrian and vehicular access by Grantee, and its employees, agents, contractors, customers, invitees and guests over, across, under and on that certain real property in the County of Santa Barbara, State of California, described on the attached Exhibit “B-1” and depicted on the attached Exhibit “B-2” (such rights being described hereafter as the “Easement” and the area affected by t hereby, the “Easement Area”). The Easement shall include the right to use the Easement Area to access, maintain, repair, construct and reconstruct, an existing flood control channel and flood control appurtenances (“Flood Control Channel”) adjacent to the Easement Area, together with the reasonable right of access over and across the Property for purposes of exercis ing the rights granted herein. Grantee shall have an irrevocable easement to go over, under, across and through the Easement Area, and all portions thereof determined by Grantee, in its sole discretion, to be necessary, expedient or convenient to effectuate or implement the rights of Grantee as set forth herein. Any action or inaction by the Grantee pursuant to this paragraph shall not create an y liability on the part of the Grantee.

3. No Obstruction/Modification. No walls, fences, barriers or improvements of any kind will be constructed or maintained within the Easement Area by Grantor in any manner which would impair free access and movement of pedestrian and vehicular traffic through the Easement Area. Grantor shall not alter, modify or change the location or alignment of any vehicular access, the grade of the Easement Area, the flow of water or storm water within the Easement Area, cause any erosion, allow any water run -off from irrigation, construction any permanent or temporary 261
65266.00412\33720097.3

2 structures such as buildings, sheds, barns, garages, or walls without the prior written consent of Grantee, which may be withheld in the sole and absolute discretion of Grantee.

4. Permitted Parties. The Easement may be used by and for the benefit of Grantee, and its successors, assigns, tenants, subtenants, employees, agents, contractors, customers, visitors, licensees, invitees, and guests.

5. Grantee Non-responsibility. The Grantee shall be under no obligation to protect the Grantor, its property or any improvements located on the Property. The rights granted herein shall be without notice to Grantor or any third party. No exercise by Grantee of any of the rights herein shall entitle Grantor to any compensation for any matter whatsoever. More particularly, Grantor hereby assumes all risk of damage to property (real or personal) and injury to persons and waives and releases Grantee and its officers, directors, employees, agents, representatives, successors and assigns (collectively, “Representatives”) from any damages, costs (including, but not limited to, reasonable attorneys’ fees), actions, causes of action, demands, claims, losses, liabilities and expenses of every ty pe and description (collectively, “Costs”) arising from this Easement, including, without limitation, any flood control activities conducted at or around the Flood Control Channel.

6. Indemnification. Notwithstanding anything herein to the contrary, Grante e shall indemnify and hold Grantor harmless from and against any and all Costs arising solely from the acts or omissions of Grantee in making use of the Easement.

7. Runs with Land . This Agreement and the benefits and burdens herein shall be binding upon, and inure to the benefit of, each party and any person having or acquiring any right, title, or interest in or to any portion of the Property, whether by operation of law or any manner whatsoever. All provisions of this Agreement are intended to be covenants running with the land pursuant to Section 1468 of the Civil Code of the State of California.

8. Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California.

9. Attorney’s Fees . In the event any par ty shall commence any legal action or arbitration proceeding to enforce the terms or conditions hereof, the prevailing party shall be entitled to reasonable fees, costs, and expenses incurred.

10. Counterparts; Document Execution and Change. This Agreement may be executed in one or more counterparts, all of which taken together shall be deemed one original.

11. Entire Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and may not be modified or amended except by a writing executed by the Parties

IN WITNESS WHEREOF, Grantor has executed this agreement as of the day and year first above written.

GRANTOR

262
65266.00412\33720097.3

3 Goleta Gardens LLC

By: SyWest Holdings LLC,
a California limited liability company
Its: Member/Manager

By: Syufy Enterprises,
a California limited partnership
Its: Member/Manager

By: Syufy Properties, Inc.,
a California corporation
Its: General Partner

By:

William Vierra
Its: Senior Vice President

263
65266.00412\33720097.3

Exhibit “A”
Legal Description of Property
264
65266.00412\33720097.3

Exhibit “B -1”
Legal Description of the Easement Area

265
65266.00412\33720097.3

Exhibit “B -2”
Depiction of the Easement Area

266
65266.00412\33720097.3

267
65266.00412\33720097.3

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 )
) ss

COUNTY OF SANTA BARBARA )

STATE OF CALIFORNIA )
)

COUNTY OF SANTA BARBARA )

On ____________ __, 2020, before me, ______________________, Notary Public, personally appeared, _________________________who proved to me on the basis of satisfactory evidence to be the person(s) whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature on the instrument the person, or the entity upon behalf of which the person 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.

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. 268
65266.00412\33720097.3

CERTIFICATE OF ACCEPTANCE
Pursuant to Section 27281 of the
California Government Code

This is to certify that the interest in real property conveyed by the Flood Easement dated _____________, 2020, from Santa Barbara Nissan, LLC to City of Goleta, a municipal corporation, is hereby accepted by the undersigned officer on behalf of the City of Goleta, pursuant to the authority conferred by Resolution No. ____, adopted by the City Council of the City of Goleta on ___________________, 202_, and the City of Goleta consents to recordation thereof by its duly authorized officer.

Dated: _________________, 202_ CITY OF GOLETA

269
ATTACHMENT 2, EXHIBIT E

DRAFT SYWEST NOTICE OF DETERMINATION

270

NOTICE OF DETERMINATION (NOD)

1 To: Office of Planning and Research From: City of Goleta P.O. Box 3044, 1400 Tenth St. Rm. 212 130 Cremona Drive, Suite B Sacramento, CA 95812-3044 Goleta, CA 93117

Clerk of the Board of Supervisors
County of Santa Barbara
105 E. Anapamu Street, Room 407
Santa Barbara, CA 93101

Subject: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code

Sywest Industrial Building Case No. 17-121-DP
Project Title Application File Number

#2023040690 Brian Hiefield, Associate Planner/ 805-961 -7559 State Clearinghouse Number Lead Agency Contact/Telephone No.

William Viera, Sywest Development 415-448-8321
Project Applicant CPntact Telephone No.

907 S. Kellogg, Goleta CA 93117; Santa Barbara County; APN 071-190-035 Project Location (include County)

Project Description:

The City of Goleta has chosen to approve an alternative design from the one originally approved called “Alternative 2: 100 -Foot Streamside Protection Area Setbac k” (“Alternative 2”) which has fewer impacts than the original project . The components of Alternative 2 include:
 Demolition of the existing drive -in theater, including the freestanding movie screen, concessions stand, pr ojector building, two drive -through ticket booths, one walk -in ticket booth, and an agricultural box, and removal of one of the dewatering wells.  Construction of a 70,594 square foot industrial warehouse building with 60,939 square feet of landscaping, 101 parking spaces, six loading zones, and 10 bicycle parking spaces. The maximum building height would be 35 feet measured from the finished grade with the site being raised 4 -6 feet to elevate the finished floor of the building out of the floodplain. The industrial warehouse building could be divided into up to four sections and would be available for use by up to four tenants.  Observation of the 100’ Streamside Protection Area buffer from San Jose Creek  Access to and from the project site would continue to be provided from South Kellogg Avenue via an existing access road that runs along the northeast project boundary.

The east curb of the existing driveway would be widened in order to provide an adequate maneuvering area for delivery trucks to enter and exit the project site.  Stormwater runoff from the majority of the project site would be directed to a detention basin constructed at the southern border of the development area with a new 18 -inch outfall to be constructed in the existing San Jose Creek concrete channel wall. Stormwater runoff from the northeastern portion of the project site would be directed to a vegetated drainage swale located along the eastern side of the entry driveway prior to discharge to the existing storm drain o utlet located 271

NOTICE OF DETERMINATION (NOD)

2 approximately 115 feet south of the intersection of South Kellogg Avenue and the entry driveway.
 The project site is within a mapped 100 -year floodplain. Between 4 to 6 feet of fill would be used to elevate the proposed building above the 10 0-year floodplain elevation. Development of the proposed project would require approximately 600 cubic yards (CY) of soil cut and approximately 38,000 CY of soil fill.

This is to advise that the City Council of the City of Goleta has approved the above-described project on July 15, 2025 , and has made the following determinations regarding the above- described project:

1. The project will have a significant effect on the environment.

2. An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA.

3. Mitigation measures were made a condition of the approval of the project.

4. A Statement of Overriding Considerations was adopted for the project.

5. Findings were made pursuant to the provisions of CEQA Section 15091.

6. The project does require discretionary approval from a state agency.

This is to certify that the final EIR with comments and responses and record of project approval is available to the general public at the City of Goleta, Planning and Environmental Review Department, 130 Cremona Drive, Suite B, Goleta CA 93117.

Lisa Prasse, AICP July 15, 2025 Current Planning Manager Signature (Public Agency) Date Title

Date Received for filing at OPR: _______________________________

Authority cited: Section 21083, Public Resources Code
Reference: Sections 21000-21174, Public Resource Code
272
ATTACHMENT 3

ARTICLE II DEVELOPMENT PLAN FINDINGS
273

DEVELOPMENT PLANS
Development Plan, without a public hearing. Notice shall be given ten (10) days prior to the Director's decision pursuant to Section 35-181. The Director's action shall be final subject to appeal to the Planning Commission as provided in Section 3 5- 1 82 (Appeals). (Amended by Ord. 4067, 8/18/92; Ord. 4086, 12/15/92; Ord 43 18, 6/23/98)

4. The Director may approve minor changes to the Final Development Plan. If the Final Development Plan has any substantial changes from the Preliminary Development Plan approved by the Board of Supervisors, Planning Commission, or Zoning Administrator, the Director shall refer the Final Development Plan to the hearing body with jurisdiction (Planning Commission or Zoning Administrator) for approval. (Amended by Ord. 3977, 2/21/92; Ord. 4067, 8/18/91)

5. When a Preliminary Development Plan has not been filed as provided in Sec. 35-174.2.3, the Final Development Plan shall be processed according to Sec.35- 174.4 (Processing of Prehninary Development P~LII. (Amended by Ord. 3977,2/21/92) Sec. 35-1 74.7. Findings Required for Approval.

1. A Preliminary or Final Development Plan shall only be approved if all of the following findings are made:
a. . That the site for the project is adequate in size, shape, location, and physical characteristics to accommodate the density and level of development proposed.
b. That adverse impacts are mitigated to the maximurn extent feasible. c. That streets and highways are adequate and properly designed to carry the type and quantity of traffic generated by the proposed use. d. That there are adequate public services, including but not limited to f~e protection, water supply, sewage disposal, and police protection to serve the project.
e. That the project will not be detrimental to the health, safety, comfort, convenience, and general welfare of the neighborhood and will not be incompatible with the surrounding area.
f. That the project is in conformance with 1) the Comprehensive Plan, including the Coastal Land Use Plan, and 2) with the applicable provisions Coastal Zoning Ordinance - Chapter 35, Article I1
December 1997; Replacement Page April 1999
41 8
274

DEVELOPMENT PLANS
of this Article andor the project falls with the limited exception aI1owed under Section 35-161.7. (4rnendedbyOrd. 4227, 6/18/96)
g. That in designated rural areas the use is compatible with and subordinate to the scenic, agricultural and rural character of the area. h. That the project will not conflict with any easements required for public access through, or public use of a portion of the property.

1. Additional findings: identified in Division 15 (Montecito Community Plan Overlay District), are required for those parcels identified with the MON overlay zone. (4dded by OraI 11 96, 5/16/95)

2. A Final or Revised Final Development Plan shall only be approved if the following additional finding is made: Such plan is in substantial conformity with any approved Preliminary or Revised Preliminary Development Plan except when the Planning Commission, Zoning Administrator or Director considers a Final Development Plan for which there is not a previously approved Preliminary Development Plan. In this case, the Planning Commission, Zoning Administrator or Director may consider the Final Development Plan as both a Preliminary and Final Development Plan. (Amended by Ord. 3977, 2/21/92; Ord. 4067, 8/18/92; Ord. 4086, 12/15/92)
See. 35-1 74.8. Conditions, Restrictions, and Modipca fions.

1. At the time the Preliminary or Final Development Plan is approved, or subsequent Amendments or Revisions are approved, the Director, Zoning Administrator, Planning Commission or Board of Supervisors may modify the building height limit, distance between buildings, setback, yard, parking, building coverage, or - screening requirements specified in the applicable zone district when the Director, Zoning Administrator, Planning Commission or Board of Supervisors finds the project justifies such modifications. (Amended by Ord. 39977, 2/21/92; Ord. 4067, 8/18/92; Ord. 7 . As a condition of approval of any Preliminary or Final Development Plan, the Director, Zoning Administrator, Planning Comission or Board of Supervisors may impose any appropriate and reasonable conditions or require any redesign of the project as they may deem necessary to protect the persons or property in the Coastal Zoning Ordinance - Chapter 35, Article I1
December 1997; Replacement Page April 1999
419
275
ATTACHMENT 4

STAFF POWER POINT PRESENTATION
276
Sywest Industrial
Building Project
July 15, 2025
City Council Hearing
277
Project Location
•907 South Kellogg Avenue in Goleta
•Existing 11.77-acre project site
•Within the Coastal Zone, 100-year
Floodplain, Airport Influence Area
•Site formerly used as a drive-in
theater
and swap meet
•The Proposed Project would be
developed on appr
oximately 6.75
acres of the northeastern portion of
the project site
July 15, 2025 – City Council HEARING 2
278
Background
•DRB
•Native American Consultation
•Planning Commission Review
3July 15, 2025 – City Council HEARING
279
Background Contd.
•Planning Commission’s Suggested Conditions
•Lighting
•Transportation Demand Management (TDM)
•Solid Waste Diversion Increase to 75% (from 65%)
4July 15, 2025 – City Council HEARING
280
Project Objectives Summary
• To develop a project with long-term viability with:
o flexible interior size
o up to 4 tenant spaces with 6 loading docks
• To develop a project with sufficient height (up to 35 foot maximum) • Accommodate a variety of future uses allowed by GP/CLUP Service Industrial designation
Light Industry (M-1) and Service Industrial-Goleta (M-S-GOL) zoning • Attract local employment opportunities in the industrial sector and generate new property
tax revenue for the City
• Optimize economical reuse of a previously underutilized site within the City with:
o existing infrastructure and access
o significant land use limitations, including airport, hydrologic, and flooding constr
aints
• Provide a permanent critical access easement to the flood channel 5July 15, 2025 – City Council HEARING
281
Proposed Project - Overview
•Demolition of existing structures, including an approximately 3,663-squar
e foot concessions building and accessory structures
•Construction of a 70,594-square foot industrial warehouse building
• 60,939 square feet of landscaping
• 101 parking spaces
• 6 loading docks
• Building height of 35 feet from finished grade
•Includes a request to reduce the 100-foot Streamside Protection Area (SP
A) buffer at San Jose Creek to 25 feet along the entire project site boundary adjacent to San Jose Creek
6July 15, 2025 – City Council HEARING
282
Proposed Project - Site Plan
7 July 15, 2025 – City Council HEARING
283
Proposed Project - Building Renderings
8 July 15, 2025 – City Council HEARING
284
Alternative 2 - Overview
•Alternative 2: 100-foot Streamside Protection Area
• Building layout and shape of reconfigured and shifted northwest and southwes
t
• Development within the 100-foot SPA limited to improvements to exis
ting access road, installation of the underground utility trench, and landscaping
•Demolition of existing structures, including an approximately 3,663- square f
oot concessions building and accessory structures
•Construction of a 70,594-square foot industrial warehouse building • 106,520 square feet of landscaping
• 92 parking spaces
• 8 loading docks
• Building height of 35 feet from finished grade
9July 15, 2025 – City Council HEARING
285
Alternative 2 – Site Plan
10 July 15, 2025 – City Council HEARING
286
Proposed Project vs. Alternative 2
11 July 15, 2025 – City Council HEARING
287
Proposed Project vs. Alternative 2
(Continued)
12 July 15, 2025 – City Council HEARING
288
Photo Simulation – Original Project
13 July 15, 2025 – City Council HEARING
289
Photo Simulation – Alternative 2
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290
Photo Simulation – Original Project
(Continued)
15 July 15, 2025 – City Council HEARING
291
Photo Simulation – Alternative 2
(Continued)
16 July 15, 2025 – City Council HEARING
292
SPA Exhibit – Original Project
17 July 15, 2025 – City Council HEARING
293
SPA Exhibit – Alternative 2
18 July 15, 2025 – City Council HEARING
294
CEQA/EIR Overview
•The California Environmental Quality Act (CEQA) is the State’s primary envir
onmental protection law
•CEQA requires that public agencies disclose environmental impacts of project tha
t have a physical effect on the environment
•An Environmental Impact Report (EIR):
•Is an Information Document that discloses information about the eff
ects a proposed project could have on the environment
•Identifies mitigation measures
•Describes feasible alternatives to the proposed project •Must be certified prior to project approval
19July 15, 2025 – City Council HEARING
295
CEQA/EIR Process
20 20
City filed Notice of Completion (NOC) and
circulated public Notice of Availability (NOA)
of Draft EIR – October 10, 2024
City circulated Notice of Preparation
(NOP) – April 28 to May 30, 2023
City prepared Draft EIR
Public review period (46 days) - October
10 to November 25, 2024
City prepared Final EIR, including
responses to comments – March 2025
City prepares CEQA Findings
Planning Commission and City Council
Hearings - City makes a decision on the
project. If approved, the City adopts
the Final EIR, Findings, and Overriding
Considerations
City files Notice of Determination (NOD)
City solicited input on
content of Draft EIR
(Public agencies and
members
of the public
provide comments)
We
Are
Here
City solicited comments on
the Draft EIR
(Public agencies and
members
of the public
provide comments)
Opportunity for public
comment on the project
July 15, 2025 – City Council HEARING
296
Proposed Project Impact Summary
Significant Unavoidable Impacts:
•Aesthetics (scenic vistas; conflicts with Goleta General Plan) •Biological Resources (conflicts with Goleta General Plan) •Land Use (conflicts with Goleta General Plan)
•Utilities and Service Systems (solid waste [project and cumulative
])
21July 15, 2025 – City Council HEARING
297
Proposed Project Impact Summary
Potentially Significant But Mitigable Impacts:
•Biological Resources (impacts to birds, fish, amphibian; indirect impacts to habit
at etc.)
•Geology and Soils (seismic ground shaking; liquefaction; erosi
on)
•Hazards and Hazardous Materials (asbestos, lead, and
cont
aminated soil/groundwater)
•Hydrology and Water Quality (degradation of water quality;) •Noise (construction noise)
22July 15, 2025 – City Council HEARING
298
Alternatives to the Proposed Project
• Alternative 1: No Project Alternative
• Project site would remain a vacant drive-in theater
• Existing concessions building, movie screen, ticket booths, and projector buildings would not be demolished
• Alternative 2: 100-foot Streamside Protection Area Setback • Building layout and shape reconfigured and shifted
• Avoids development of industrial building with the San Jose Creek 100-foot SPA buffer • Would reduce significant unavoidable impacts to biological resources to less than significant • Would fulfill all project objectives
• Alternative 3: Outdoor Storage
• 70,594-square foot outdoor storage facility, 500-square foot office building • Would reduce project impacts
• Would fail to meet 2 project objectives and only partially meet 2 project objectives 23July 15, 2025 – City Council HEARING
299
Recommendation Summary
That the City Council adopt the two Resolutions attached to the staff report:

1.Adopt Environmental Findings pursuant to the CEQA to Certify the
Sywest Industrial Project Environmental Impact Report,
Adopt the Mitigation Monitoring and Reporting Program, and Adopt the Statement of Overriding Considerations

2.Approve the Development Plan (17-121-DP) for the Sywest Industrial Building Project, which includes approving Alternative 2: 100-foot Streamside Protection Area Setback
24July 15, 2025 – City Council HEARING
300
Questions?
25July 15, 2025 – City Council HEARING
301
ATTACHMENT 5

APPLICANT POWER POINT PRESENTATION
Note: Applicant Presentation will be Uploaded prior to the Meeting date. 302

Goleta City CouncilJuly 15, 2025

Goleta City Council
July 15, 2025