Santa Barbara City Council
June 7, 2022

an interim ordinance immediately on June 7, or to direct staff to return at a later date, such as June 28.

DISCUSSION:

Planning Division staff are currently drafting an update to the City’s Housing Element and Council approved eight overarching goals on May 17, 2022 to guide housing policy from 2023 through 2031. The development of new hotel rooms can frustrate the approved Housing Element Goals in several ways, including the following:
 Causing conversion of land zoned and available for residential housing use to commercial hotel use, including lawful and unlawful short term vacation rentals;  Causing the value of land zoned and available for residential housing to increase, thereby making housing development infeasible to developers, or unaffordable to low-income, very low income, or extremely low income households who work in the hospitality industry;
 Creating additional demand for housing affordable to hospitality industry service workers through the creation of hospitality industry service worker jobs.

These facts could support a Council finding that any new hotel development pending completion of the 2023 Housing Element creates an urgent threat to the health, safety and general welfare of residents of the City and the surrounding region. As part of the Housing Element update, staff anticipate exploring zoning changes and/or programs that prohibit hotels in certain areas or at least incentivize housing development over hotel development in areas that allow both uses. Depending on other workload priorities and staff resources, it could take up to three years to implement necessary zoning changes identified in the 2023 Housing Element. An urgency ordinance to limit some pending hotel development until the 2023 Housing Element is adopted and related programs are implemented would allow staff to adequately study the issue, receive public input, and make an informed and strategic recommendation to Council.

Background
The Housing Element declares state law that “the availability of housing is a matter of vital statewide importance and the attainment of decent housing and a suitable living environment for all Californians is a priority of the highest order.” (Gov. Code, §65580) The Housing Element is a required component of the City’s General Plan, which provides a “constitution” for the management and growth of the City, and guides future policy decisions. The Housing Element provides goals, policies, programs and implementation measures that support housing growth and retention across all income levels.

As part of the state-mandated 2023 6th Cycle Housing Element, the City is in the process of updating the Housing Element previously adopted in 2015. Establishing overarching, agreed-upon goals for housing is one of the first steps in updating the Housing Element.

Council Agenda Report
Interim Urgency Ordinance Limiting New Hotel Development Pending Completion Of The 2023 Housing Element
June 7, 2022

The goals must reflect the City’s commitment to affirmatively expand fair housing, as well as to the maintenance, preservation, improvement, and development of housing.

On April 28, 2022, at a joint special meeting of the City Council and the Planning Commission, staff presented draft Housing Element Goals for Council and Planning Commission consideration. Goal No. 4 was designed to “Promote Housing Stability” by implementing tenant protection measures, promoting full-time occupancy of existing housing, and discouraging conversion of housing to other uses. During the April 28th meeting, several Planning Commissioners and Councilmembers expressed concern over existing residential properties, or properties zoned for residential use, being converted to or redeveloped as hotels. This led to an inquiry about whether a temporary moratorium could be enacted to prohibit new hotel development pending completion of the Housing Element update.

The April 28 meeting was continued by Council to May 17, 2022 for action to approve the draft Housing Element Goals. A motion to approve the goals, as refined and amended by Council, was adopted unanimously. Again, Council expressed concern over the development of hotels in conflict with housing goals while the Housing Element was being updated and asked staff to return to Council for consideration of an interim urgency ordinance to prohibit the development of new hotel rooms. New hotel development could frustrate implementation of the approved housing Element Goals, as outlined above. An interim urgency ordinance would allow staff and decision-makers to consider and appropriately address these impacts as part of the Housing Element update.

Proposed Interim Urgency Ordinance
As far as can be determined through review of the City’s files and permit tracking system, there are 21 hotel development projects involving 767 hotel rooms that could potentially be subject to an interim urgency ordinance (Attachment 1 – Pending and Recently Approved Hotel Projects). One hotel project currently has an issued building permit and may develop 111 hotel rooms; six hotel projects have received some type of discretionary approval (either land use or design review approval) resulting in a potential development of 190 rooms; one hotel project application has been deemed complete pursuant to the Permit Streamlining Act and is proposing 6 new rooms; and 13 projects have either submitted an application or a pre-application, which if constructed would result in 460 hotel rooms. A detailed breakdown of the proposed room count, zone, and project milestones is provided in Attachment 1. A map of the zones that allow for hotel use is provided as Attachment 2, and distinguishes between areas that allow residential and hotel use, and areas that allow hotel but not residential use.

Established case law provides that a protected property interest does not vest in an application or discretionary approval until a building permit has been obtained in good faith and substantial work has been performed in reliance on the permit. Staff does not recommend using this milestone as the threshold for application of the urgency ordinance, as a significant amount of developer time and resources are invested into a project to get Council Agenda Report
Interim Urgency Ordinance Limiting New Hotel Development Pending Completion Of The 2023 Housing Element
June 7, 2022

to the permit issuance stage. This would also send an inconsistent message at a time when City staff are making strides to improve clarity and predictability in the land development process.

As drafted, the proposed ordinance would prohibit many pending applications for new or expanded hotel development from proceeding unless the project application has been deemed complete. Any proposed hotel development application that was deemed complete by the City pursuant to the Permit Streamlining Act (Government Code sec. 65920 et seq.) as of May 17, 2022 would be allowed to proceed through the development process. This in no way conveys or implies any obligation by the City to approve any future discretionary approvals that may be required or requested. In the event that a hotel development application does not require discretionary review (i.e., requires only a ministerial action), a Zoning Clearance must have been granted as of May 17, 2022 in order to proceed through the development process.

This temporary prohibition would be applicable in all zones that allow hotels, with the exception of the Coastal Zone.1 A hotel development moratorium in the Coastal Zone is not recommended because it is contrary to the City’s approved Local Coastal Program and Coastal Act, which prioritizes visitor-serving accommodations and recreational uses.

Furthermore, staff believe it is unlikely that the California Coastal Commission would support zoning changes or programs that would materially restrict hotel development in the Coastal Zone where hotels are currently an allowable use, so we do not anticipate significant hotel-related development policy or ordinance changes in the Coastal Overlay Zone (S-D-3) as a direct result of the Housing Element update.

As drafted, the interim urgency ordinance would prohibit seven projects involving 126 proposed hotel rooms from proceeding while the 2023 Housing Element is being developed. Council could, if it chooses, establish a more or less restrictive threshold for hotel projects. Three alternatives are discussed below.

Alternatives to the Proposed Interim Urgency Ordinance

1. Projects with Submitted Applications. Under this option, any proposed hotel development application (formal Planning Applications and any Pre-Applications that are required by the Municipal Code) submitted to the City as of May 17, 2022 would be allowed to proceed through the development process. This is the least restrictive option and would allow the greatest number of hotel projects (17 projects involving 718 hotel rooms) to proceed through the development process after adoption of the interim urgency ordinance, assuming that all pending and future projects in the Coastal Zone are allowed to proceed under this option. This in no way conveys or implies any obligation by the City to approve any future discretionary approvals that may be required or requested. 1 Hotel is defined to have the same meaning as provided in Santa Barbara Municipal Code sections

28.04.020 and 30.295.040 P., and includes short-term vacation rentals.

Council Agenda Report
Interim Urgency Ordinance Limiting New Hotel Development Pending Completion Of The 2023 Housing Element
June 7, 2022

2. Projects that Have Received Land Use or Design Review Approval.

Under this option, any proposed hotel development application that received land use approval from the Staff Hearing Officer or Planning Commission, or Project Design Approval (PDA) from the Architectural Board of Review (ABR) or Historic Landmarks Commission (HLC) as of May 17, 2022 would be allowed to proceed through the development process. This alternative would be slightly more restrictive than staff’s recommendation and subject one additional project, proposing 6 new hotel units, to the interim urgency ordinance. This in no way conveys or implies any obligation by the City to approve any discretionary approvals that may be required or requested after land use or Project Design Approval.

Projects that have received a land use approval and/or PDA from a design review body generally have fairly complete design drawings and are working toward refining the aesthetic details of the project.

3. Projects with Issued Building Permit(s). Under this option, any proposed hotel development application that has been issued a building permit as of May 17, 2022 would be allowed to begin and continue construction during the interim urgency ordinance period. This option would allow one project, involving 111 hotel rooms, to proceed through the construction process. This project is located in the Coastal Zone and, under staff’s recommendation, would be allowed to proceed in any of the alternatives.

This is a slightly less restrictive threshold than the legal standard that provides that a protected property interest does not vest in an application or discretionary approval until a building permit has been obtained in good faith and substantial work has been performed in reliance on the permit, because it would allow hotel projects with issued permits to continue in the process regardless of whether work had been performed under the permit.

Interim Ordinance Process and Extension
Government Code section 65858 and City Charter section 511 allow the City Council to adopt an interim urgency ordinance to protect the public peace, health, safety, and welfare by prohibiting any uses that may be in conflict with a contemplated General Plan, specific plan, or zoning proposal. An urgency measure requires a four-fifths vote of Council under state law, and 5 affirmative votes under the City Charter.

Action on June 7th
If adopted on June 7th, the proposed interim urgency ordinance would become effective immediately and would expire in 45 days (i.e., July 22, 2022), unless extended by the City Council. Due to Council’s two week summer break in July, Staff recommends returning to Council on June 28, 2022 to extend the urgency ordinance by 10 months and 15 days.

Because no public notice would be provided in advance of adoption of an interim ordinance on June 7th, the ordinance may initially only be extended for 10 months and 15 Council Agenda Report
Interim Urgency Ordinance Limiting New Hotel Development Pending Completion Of The 2023 Housing Element
June 7, 2022

days. If additional time is required after that to implement new housing policies set forth in the adopted 2023 Housing Element with respect to hotel development, the interim urgency ordinance may be extended twice in one-year increments.

Action on June 28th
If Council decides to postpone adoption of an interim urgency ordinance on June 7, and requests that staff return with an ordinance for adoption on June 28, 2022, staff will publish notice of the public hearing at least ten days prior to the meeting. The interim urgency ordinance would still expire in 45 days unless extended by a four-fifths vote, and, because the initial adoption was publically noticed, the ordinance may be extended 22 months and 15 days.

Regardless of the length of time the urgency period is extended, no later than ten days before its expiration, state law requires that a written report be prepared, describing the measures taken to alleviate the conditions that led to the adoption of the ordinance, and presented to the City Council.

BUDGET/FINANCIAL INFORMATION:

Adoption of an urgency ordinance to temporarily prohibit development or expansion of hotels pending adoption of the 2023 Housing Element may decrease or delay the collection of new Transient Occupancy Tax revenue and result in an overall chilling effect on land development projects in general.

ENVIRONMENTAL REVIEW:

This Ordinance is not subject to environmental review pursuant to the State Guidelines for Implementation of the California Environmental Quality Act sections 15060(c)(2) and 15060(c)(3) pertaining to activities that will not result in a direct or reasonably foreseeable indirect change to the environment and that are not defined as a project under Section 15378. This Ordinance has no potential for resulting in physical changes to the environment directly or indirectly because it prevents changes to the environment pending the completion of the contemplated research and studies.

ATTACHMENTS: 1. Pending and Recently Approved Hotel Projects

2. Zoning Designations Related to Potential Hotel Sites PREPARED BY: Renee Brooke, City Planner
Ariel Pierre Calonne, City Attorney
Tava Ostrenger, Assistant City Attorney
SUBMITTED BY: Elias Isaacson, Community Development Director Ariel Pierre Calonne, City Attorney
Rebecca Bjork, City Administrator
Council Agenda Report
Interim Urgency Ordinance Limiting New Hotel Development Pending Completion Of The 2023 Housing Element
June 7, 2022

APPROVED BY: City Administrator's Office
Project Status # of Hotel
Units
Deemed
Complete?
Project Design
Approval?
Permit
Issued? Zone
Coastal
Zone?
Residential Use
Allowed?
Permit Issued 111 Yes Yes Yes C-2/S-D-3 Yes Yes
Approved 86 Yes Yes No HRC-2/SP-1/S-D-3 Yes No
Approved 32 Yes Yes No C-G No Yes
Approved 13 Yes Yes No C-G No Yes
Approved 30 Yes Yes No C-G No Yes
Approved 15 Yes Yes No R-M No Yes
Approved 14 Yes Yes No C-G No Yes
Deemed Complete 6 Yes No No C-G No Yes
Application Submitted 7 No No No C-2/S-D-3 Yes Yes
Application Submitted 250 No No No HRC-2/SP-2/S-D-3 Yes Yes Application Submitted 9 No No No C-G No Yes
Application Submitted 2 No No No O-R No Yes
Pre-Application 3 N/A N/A N/A C-2/S-D-3 Yes Yes
Pre-Application 24 N/A N/A N/A C-G No Yes
Pre-Application 60 N/A N/A N/A HRC-1/SP-1/S-D-3 Yes No
Pre-Application 2 N/A N/A N/A OC/S-D-3 Yes No
Pre-Application 1 N/A N/A N/A C-G No Yes
Pre-Application 3 N/A N/A N/A C-G No Yes
Pre-Application 12 N/A N/A N/A OC/S-D-3 Yes No
Pre-Application 66 N/A N/A N/A C-G No Yes
Pre-Application 21 N/A N/A N/A M-C No Yes
TOTAL 767
Pending and Recently Approved Hotel Projects
as of May 24, 2022
ATTACHMENT 1
ATTACHMENT 2
UNCODIFIED INTERIM URGENCY ORDINANCE 06/07/22

EFFECTIVE IMMEDIATELY UPON ADOPTION

BY FOUR-FIFTHS VOTE OF THE CITY COUNCIL
1 ORDINANCE NO. _____

AN INTERIM URGENCY ORDINANCE OF THE COUNCIL

OF THE CITY OF SANTA BARBARA LIMITING THE

DEVELOPMENT OR USE OF NEW HOTEL ROOMS
PENDING ADOPTION OF THE 2023 HOUSING ELEMENT

THE CITY COUNCIL OF THE CITY OF SANTA BARBARA DOES ORDAIN AS FOLLOWS:

SECTION 1. Findings and Determinations.

A. State law establishes that “the availability of housing is a matter of vital statewide importance and the attainment of decent housing and a suitable living environment for all Californians is a priority of the highest order.” (Gov. Code, § 65580.) B. The City of Santa Barbara (“City”) has an overriding municipal interest in planning and regulating the development of housing within the City. The City has the legal obligation to assure that housing development is consistent with and facilitated by the City’s General Plan Housing Element. This interest and obligation includes the duty to prevent frustration of Housing Element goals, policies, programs, and implementation measures.

C. State law further requires the City’s Housing Element goals to reflect the City’s commitment to affirmatively further fair housing and the maintenance, preservation, improvement, and development of housing. (Gov. Code, § 65583(b).) D. The City has a severe shortage of affordable housing, including specifically housing affordable to hospitality industry service workers.

E. On May 17, 2022, the City Council approved the goals for the City’s Sixth Cycle 2023 Housing Element. These goals include commitments to prioritizing development of housing that is affordable to the City’s workforce and discouraging conversion of housing to other uses.

UNCODIFIED INTERIM URGENCY ORDINANCE 06/07/22

EFFECTIVE IMMEDIATELY UPON ADOPTION

BY FOUR-FIFTHS VOTE OF THE CITY COUNCIL
2 F. The updated 2023 Housing Element is currently being prepared and must be submitted to the state Department of Housing and Community Development for certification no later than February 15, 2023.

G. The development of new hotel rooms can frustrate the approved Housing Element Goals in several ways, including the following:

1. By causing conversion of land zoned and available for residential housing use to commercial hotel use, including lawful and unlawful short term vacation rentals.

2. By causing the value of land zoned and available for residential housing to increase, thereby making housing development infeasible to developers or unaffordable to low-income, lower income, very low income, or extremely low income households who work in the hospitality industry.

3. By creating additional demand for housing affordable to hospitality industry service workers through the creation of hospitality industry service worker jobs.

These facts create an urgent threat to the health, safety and general welfare of residents of the City and the surrounding region.

H. The purpose of this Interim Urgency Ordinance is to the extent feasible maintain the status quo pending completion of the 2023 Housing Element by limiting development of new or additional hotel rooms that could frustrate the City’s ability to achieve the requirements of the updated Housing Element and state law.

I. This Ordinance is an interim ordinance adopted as an urgency measure pursuant to Government Code Section 65858 and City Charter Section 511, and is for the immediate preservation of the public peace, health, safety and welfare of residents of the City and the surrounding region.

J. Based upon the foregoing, and the evidence provided in the City Council Agenda Report, it is urgent that the City have the opportunity to complete the 2023 Housing Element before a significant number of new or additional hotel rooms are developed.

UNCODIFIED INTERIM URGENCY ORDINANCE 06/07/22

EFFECTIVE IMMEDIATELY UPON ADOPTION

BY FOUR-FIFTHS VOTE OF THE CITY COUNCIL
3 K. Given the time required to prepare and adopt the 2023 Housing Element, the City Council finds that it is necessary that this Interim Urgency Ordinance be immediately enacted to ensure that very few new or additional hotel rooms are approved, permitted, or constructed pending completion of the Housing Element.

L. The Interim Urgency Ordinance is applicable in all zones that allow hotels, with the exception of the Coastal Zone. A development moratorium in the Coastal Zone is contrary to the City’s approved Local Coastal Program and Coastal Act, which prioritizes visitor-serving accommodations and recreational uses. It is unlikely that the California Coastal Commission would support zoning changes or programs that would materially restrict hotel development in the Coastal Zone where hotels are currently an allowable use.

SECTION 2. Interim Zoning Adopted.

A. The findings and determinations in Section 1 are true and correct.

B. No application shall be accepted, and no permit of any kind shall be approved or issued in any zone that allows hotels, with the exception of the Coastal Zone, if such application or permit would result in development or use of a new hotel, new hotel rooms, expansion of an existing hotel, or conversion of a structure to hotel use.

C. “Hotel” shall have the same meaning as provided in Santa Barbara Municipal Code section 28.04.020 with respect to the Coastal Zone and Santa Barbara Municipal Code section 30.295.040 P. with respect to inland areas.

D. Notwithstanding Section 2.B., any proposed hotel development application that has been deemed complete by the City, pursuant to the Permit Streamlining Act (Government Code Sec. 65920 et seq.) or if a zoning clearance has been granted as of May 17, 2022, will be allowed to proceed through the development process. This in no way conveys or implies any obligation by the City to approve any future discretionary approvals that may be required or requested after the project has been deemed complete. [ALTERNATE OPTION 1: ANY PROPOSED HOTEL DEVELOPMENT

APPLICATION THAT HAS RECEIVED LAND USE APPROVAL FROM THE STAFF

HEARING OFFICER OR PLANNING COMMISSION, OR PROJECT DESIGN

APPROVAL (PDA) FROM THE ARCHITECTURAL BOARD OF REVIEW (ABR) OR HISTORIC LANDMARKS COMMISSION (HLC) AS OF MAY 17, 2022 WILL BE UNCODIFIED INTERIM URGENCY ORDINANCE 06/07/22

EFFECTIVE IMMEDIATELY UPON ADOPTION

BY FOUR-FIFTHS VOTE OF THE CITY COUNCIL
4 ALLOWED TO PROCEED THROUGH THE DEVELOPMENT PROCESS. ANY

PROPOSED HOTEL DEVELOPMENT THAT MAY BE EXEMPT FROM

DISCRETIONARY REVIEW WILL BE ALLOWED TO CONTINUE ONLY IF IT HAS AN ISSUED ZONING CLEARANCE AS OF MAY 17, 2022. THIS IN NO WAY CONVEYS OR

IMPLIES ANY OBLIGATION BY THE CITY TO APPROVE ANY DISCRETIONARY

APPROVALS THAT MAY BE REQUIRED OR REQUESTED AFTER LAND USE OR PROJECT DESIGN APPROVAL]
[ALTERNATE OPTION 2: ANY PROPOSED HOTEL DEVELOPMENT

APPLICATION THAT HAS BEEN SUBMITTED TO THE CITY, EITHER THROUGH A

FORMAL PLANNING APPLICATION OR THROUGH A PRE-APPLICTION REVIEW TEAM (PRT) APPLICATION, AS OF MAY 17, 2022 WILL BE ALLOWED TO PROCEED THROUGH THE DEVELOPMENT PROCESS. THIS IN NO WAY CONVEYS OR

IMPLIES ANY OBLIGATION BY THE CITY TO APPROVE ANY FUTURE DISCRETIONARY APPROVALS THAT MAY BE REQUIRED OR REQUESTED.] [ALTERNATE OPTION 3: ANY PROJECTS THAT HAVE BEEN ISSUED A

BUILDING PERMIT WILL BE ALLOWED TO PROCEED THROUGH THE
DEVELOPMENT PROCESS.]
E. The City Council hereby declares that should any section, paragraph, sentence, phrase or term of this Ordinance, hereby adopted, be declared for any reason to be invalid, it is the intent of the City Council that it would have adopted all other portions of this Ordinance irrespective of any such portion declared invalid.

F. This Ordinance shall take effect immediately upon passage by a four-fifths vote of the City Council in accordance with Government Code Section 65858 and five affirmative votes in accordance with City Charter Section 511.

G. The City Council finds that this Ordinance should be read in full and adopted on an emergency basis pursuant to the authority in City Charter Section 511.

SECTION 3. CEQA Findings.

The City Council finds that, on the basis of the whole record and exercising its independent judgment, this Ordinance is not subject to environmental review pursuant to the State Guidelines for Implementation of the California Environmental Quality Act Sections 15060(c)(2) and 15060(c)(3) pertaining to activities that will not result in a direct or reasonably foreseeable indirect change to the environment and that are not defined as a project under Section 15378. This Ordinance has no potential for resulting in physical UNCODIFIED INTERIM URGENCY ORDINANCE 06/07/22

EFFECTIVE IMMEDIATELY UPON ADOPTION

BY FOUR-FIFTHS VOTE OF THE CITY COUNCIL
5 change to the environment directly or indirectly in that it prevents change to the environment pending the completion of the contemplated research and studies.

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: June 7, 2022
TO: Mayor and Councilmembers
FROM: Daniel S. Hentschke, Assistant City Attorney
Clifford M. Maurer, Public Works Director
SUBJECT: Continued Public Hearing To Consider Declaration Of A Public Nuisance Resulting From The Operation Of A Drive-Through Facility Located At 3707 State Street
RECOMMENDATION: That Council:

A. Adopt, by reading of title only, A Resolution of the Council of the City of Santa Barbara Approving a Traffic Circulation Agreement to Remedy Nuisance Related Issues Arising from the Operation of a Drive-Through Facility Located at 3707 State Street.

B. Rescind direction to the City Attorney to prepare an ordinance declaring the existence and ordering the abatement of a public nuisance resulting from the operation of a drive-through facility located at 3707 State Street.

ALTERNATIVE ACTION That Council:

Introduce and subsequently adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Declaring the Existence and Ordering the Abatement of a Public Nuisance Resulting from the Manner of Operation of a Drive-Through Facility Located at 3707 State Street as attached to the Council Agenda Report submitted by the City Attorney.

DISCUSSION:

At the Council’s March 1, 2022 public hearing, Council directed four specific actions:

1. Continue the public hearing to June 7, 2022 following supplemental notice to the property owners.

Agenda Item No. 21
File Code No. 530.05
Council Agenda Report
Continued Public Hearing To Consider Declaration Of A Public Nuisance Resulting From The Operation Of A Drive-Through At The Restaurant Located At 3707 State Street June 7, 2022

2. Direct the City Attorney to prepare a draft ordinance with nuisance findings based upon Council’s comments and the evidence presented, and return with the ordinance on June 7th.

3. Staff are to work with Chick-fil-A and the property owners to develop potential remedies and return with remedial recommendations on June 7th.

4. On or before March 11, Chick-fil-A is to send a letter with proposed interim traffic control actions and report monthly on traffic monitoring information.

On March 11, 2022, Counsel for Chick-fil-A provided the letter outlining its interim traffic control actions. Chick-fil-A has also provided monthly traffic reports and other traffic monitoring information. On March 15, 2022, the City Attorney provided written notice as required by law to the property owners who claimed they did not receive formal notice previously.

Chick-fil-A has implemented the interim traffic control actions outlined in the March 11 letter. Based on the traffic monitoring reports and staff’s observations, the measures have been successful in eliminating the chronic nuisance activity that staff described during the March 1, 2022 public hearing. Also, staff and Chick-fil-A have worked diligently to process a Site Improvement Application for improvements to onsite traffic circulation, including widening the driveway to accommodate customers who wish to by-pass the drive through lanes. The City Attorney’s Office has previously determined that the proposed site improvements, including the drive-through configuration and site plan are consistent with and not an expansion of the existing nonconforming use.

Staff and Chick-fil-A have negotiated a Traffic Circulation Agreement which they believe is the most effective and least burdensome approach to improving traffic conditions at 3707 State Street and to abate any alleged traffic nuisance arising from the operation of the drive-through facility at that location. A copy of the Traffic Circulation Agreement is attached to this report. All Chick-fil-A related parties and the owners of 3707 State Street have approved the agreement, subject to approval by the City Council.

The Traffic Circulation Agreement has three primary purposes:
 Stay the nuisance proceedings. The Agreement provides that the nuisance proceedings commenced pursuant to City Council Resolution No. 22-008 and continued to this meeting would be stayed indefinitely to allow for implementation of the Agreement. Nuisance proceedings could be recommenced if there is a material breach of the Agreement upon notice as provided in the Agreement.

 Establish operational requirements. The Agreement incorporates the March 11, 2022 interim traffic control action. The Agreement requires both parties to act reasonably and in good faith to obtain final approval of site modifications to improve traffic circulation. However, the Agreement does not waive or limit any Council Agenda Report
Continued Public Hearing To Consider Declaration Of A Public Nuisance Resulting From The Operation Of A Drive-Through At The Restaurant Located At 3707 State Street June 7, 2022

discretionary authority or CEQA requirements. The interim traffic control measures will remain in effect until Final Approval of the Site Improvement Application as described in the Agreement. After Final Approval, there are permanent traffic control actions as set forth in Section II. B. 3. of the Agreement. The traffic control measures identified in the Agreement are legally enforceable contractual obligations.
 Terminate the nuisance proceedings upon successful implementation of the proposed site improvements. If Chick-fil-A meets its obligations under the Agreement as determined by the Public Works Director, then the nuisance proceedings that were initially commenced under Resolution No. 22-088 will be deemed terminated 6 months after implementation of the proposed site improvements. After the nuisance proceedings are deemed terminated, the Agreement is enforceable by legal action or by the initiation of new nuisance abatement proceedings.

Staff believes that the Traffic Circulation Agreement is in the best interest of the City because it will: (1) implement Council’s direction of March 1, 2022; (2) facilitate the implementation of site improvements to improve traffic circulation at 3707 State Street; (3) provide enforceable traffic control measures to be implemented by Chick-fil-A on an interim and permanent basis; (4) abate any alleged traffic nuisance arising from the operation of the drive-through facility at 3707 State Street; (5) avoid the time, expense, and uncertainty of ongoing nuisance abatement proceedings.

Therefore, staff is recommending adoption of the proposed resolution approving the Agreement and authorizing its execution by the City Administrator. The proposed resolution also rescinds the prior Council direction for the City Attorney to prepare an ordinance. In the alternative, as directed, the City Attorney has prepared a nuisance abatement ordinance for Council’s consideration. The ordinance accompanies the separate agenda report submitted by the City Attorney for this item. If Council approves the Traffic Circulation Agreement and proposed resolution as recommended by staff, it is unnecessary to consider the draft ordinance.

ATTACHMENT: Traffic Circulation Agreement
PREPARED BY: Daniel S. Hentschke, City Attorney
SUBMITTED BY: Clifford M. Maurer, Public Works Director Daniel S. Hentschke, Assistant City Attorney
APPROVED BY: City Administrator's Office
24113296.9
1 TRAFFIC CIRCULATION AGREEMENT
THIS TRAFFIC CIRCULATION AGREEMENT (“Agreement”) is made and entered into as of this 7th day of June, 2022 (the “Effective Date”) by and between the City of Santa Barbara, a California municipal corporation (“City”) and Chick-fil-A, Inc. (“CFA, Inc.”), McColm 3707 State, LLC and Thompson 3707 State, LLC (property owner of 3707 State Street, Santa Barbara, California 93105) (“Property Owner”), and Collins Hospitality Company, LLC (the “Operator”). Together, CFA, Inc., Property Owner, and Operator are referred to as “the CFARelated Parties.” Together the City and the CFA-Related Parties are referred to as “Parties.” I. RECITALS
A. WHEREAS, Property Owner owns certain real property at 3707 State Street, Santa Barbara, California (“the Property”) which is approximately 1.1 acres and hosts an approximately 3,410 square-foot restaurant with a legal non-conforming drive-through.

B. WHEREAS, CFA, Inc. is the tenant of the Property. Exhibit A provides a legal description of the Property burdened by this Agreement.

C. WHEREAS, Collins Hospitality Company, LLC, the Operator, is the franchisee and independently owns and operates the Chick-fil-A restaurant business on the Property.

D. WHEREAS, on February 11, 2021, CFA, Inc. and the Property Owner applied to the City for approvals to modify the parking lot and construct exterior improvements on the Property to improve on-site traffic circulation, designated as PLN2021-00093 (“Site Improvement Application”). The City has been processing the application since that time. To that end, the City held an Architectural Board of Review (“ABR”) hearing on the Site Improvement Application on May 2, 2022, and another on May 31, 2022. City staff have expressed general support for the site plan submitted as Exhibit B of the Site Improvement Application (“Site Plan”) and determined that the proposed drive-through configuration and Site Plan are consistent with and not an expansion of the existing nonconforming drive-through use. Following ABR action, application for and issuance of building permits will be required for implementation of the site improvements.

E. WHEREAS, on February 1, 2022, the City initiated public nuisance proceedings against CFA, Inc. and Property Owner through City Council Resolution No. 22-008. On March 1, 2022, the City held a public nuisance hearing, and after the City and the CFA-Related Parties presented evidence, the Council voted to continue the hearing until June 7, 2022 (“Nuisance Proceedings”) and directed City Staff to work with the CFA-Related Parties to address the issues raised during the hearing, among other things.

F. WHEREAS, while the CFA-Related Parties deny the existence of an alleged nuisance, the CFA-Related Parties are committed to promote the safe and efficient movement of vehicles onsite to avoid queuing of motor vehicles on State Street, including implementation of the improvements contemplated by their Site Improvement Application to improve traffic circulation on and around the site.

G. WHEREAS, in furtherance of their desire to enhance and improve traffic flow onto and DocuSign Envelope ID: 0F723828-C0B6-4474-960E-A02C3743CC2C ATTACHMENT 24113296.9
2 over the Property, CFA, Inc. and the Operator have implemented certain Interim Traffic Management Measures described in correspondence dated March 11, 2022 from counsel for CFA, Inc. (the “Interim Traffic Management Measures”), which have substantially mitigated the traffic issues upon which the Nuisance Proceedings were predicated.

H. WHEREAS, the City Staff and CFA-Related Parties mutually desire to stay the Nuisance Proceedings (1) in furtherance of their continued efforts implement the City Council’s direction of March 1, 2022 to work cooperatively to amicably and efficiently to address traffic circulation issues at the Property and (2) to avoid the time, inconvenience, expenses, and uncertainty of further Nuisance Proceedings at this time.

I. WHEREAS, the Parties acknowledge and agree that the obligations imposed by this Agreement on CFA, Inc. and the Operator shall only apply for so long as CFA, Inc. remains a tenant at the Property, and shall not bind Property Owner or any subsequent tenant thereafter.

J. WHEREAS, CFA, Inc. and the Operator acknowledge and agree that this Agreement constitutes the least burdensome approach for improving traffic conditions at the Property NOW, THEREFORE, in consideration of the mutual covenants and agreements described below, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree to the following.

II. TERMS
The foregoing WHEREAS clauses are incorporated by reference as if fully restated herein.

A. Stay of Nuisance Proceedings.

1. The Nuisance Proceedings commenced pursuant to City Council Resolution No. 22-008 are stayed indefinitely to allow implementation of this Agreement.

2. Before Final Approvals, as defined in Section II. D. 8. B., below, the Nuisance Proceedings may be recommenced upon 30 days’ notice following a determination by the Public Works Director that there has been a material breach of this Agreement by CFA, Inc. or the Operator, which has not been cured following applicable notice and opportunity to cure periods, as set forth in Section II. C. 3., below.

3. Provided CFA, Inc. and the Operator have satisfied their obligations under this Agreement as determined by the Public Works Director, then as of the date that is 6 months following the completion of construction and final inspection of the improvements identified in the Final Approvals, the Nuisance Proceedings will be deemed terminated. After the Nuisance Proceedings are deemed terminated, this Agreement may be enforced by commencement of legal action or by initiation of nuisance abatement proceedings through any lawful process.

B. Obligations of CFA, Inc. and the Operator.

1. CFA, Inc. and the Operator shall continue to implement the Interim Traffic DocuSign Envelope ID: 0F723828-C0B6-4474-960E-A02C3743CC2C 24113296.9
3 Management Measures set forth in the March 11, 2022 correspondence from counsel for CFA, Inc., a copy of which is attached to this Agreement, while the City considers the Site Improvement Application.

2. After the Final Approvals, as defined below, CFA, Inc. and Operator will coordinate with their contractor and the City regarding construction timing and potential phasing to minimize construction-related impacts to off-site traffic circulation.

3. After the Final Approvals, as defined below, and the completion of construction and final inspection of the improvements identified in the Final Approvals, CFA, Inc. and the Operator shall implement the following measures so long as Chick-fil-A remains a tenant on the Property:
a. Operator shall provide an attendant to monitor the drive-through lane. The attendant will be responsible for monitoring traffic and implementing traffic control measures when vehicles are stacked beyond the end of the “Team Member Zones” (as shown on the site plan submitted with the Site Improvement Application at Exhibit B (“Site Plan”), which represents approximately 22* cars in the drivethrough stack to facilitate the safe and efficient movement of traffic within the parking lot area. (*This number is based on the Site Plan.

If the approved Site Plan contains a drive-through stack with a different number, then this provision will need to be adjusted accordingly.)
b. The Operator will provide sufficient team members to conduct remote ordering and direct additional vehicles to the on-site parking area, during peak hours or whenever required under subdivision “a” to ensure that queues do not interfere with on-site circulation or spill onto the public sidewalk or street.
c. CFA, Inc. shall provide monthly traffic monitoring reports prepared by a professional traffic engineer to the City’s Public Works Director for a period of 12 months following the completion of construction of the improvements contemplated by the Site Improvement Application.
d. Twice a year, the Operator shall have the restaurant operations and drive-through assessed by CFA, Inc. corporate team in an effort to further streamline operations. The Operator shall take all reasonable measures to implement any recommendations of the CFA, Inc. drive-through team to further enhance traffic flow at the Property. e. CFA, Inc. and the Operator shall work together to seek additional off-site parking to be provided at no charge for the Operator’s team members.
f. CFA, Inc. and the Operator shall take all reasonable measures to DocuSign Envelope ID: 0F723828-C0B6-4474-960E-A02C3743CC2C 24113296.9
4 prevent truck deliveries at the restaurant during peak hours of operation, including, for example, communicating with vendors and delivery services to avoid deliveries during peak hours of operation. g. CFA, Inc. and the Operator shall take all reasonable measures to prevent trucks or armored cars visiting the Property from parking on State Street, including, for example, posting signage as required by the Public Works Director to notify such trucks or armored cars that parking on State Street shall not be allowed and including such provisions in service contracts with vendors where feasible. h. The Operator shall install and maintain permanent onsite signage to discourage Chick-fil-A customers from offsite parking. If the Operator or CFA, Inc. secures offsite parking for customers, this signage may be removed. Such off-site parking arrangement will require a recorded agreement approved by the Community
Development Director in accordance with Santa Barbara Municipal Code Chapter 30.260.

These measures shall not apply to another tenant and therefore are not intended to apply should the Property be leased to a different tenant.

C. Obligations of the City.

1. The City shall continue diligently and expeditiously processing the Site Improvement Application.

2. The Site Improvement Application will be evaluated by the City as required by Chapter 22.100 of the Santa Barbara Municipal Code and the California Environmental Quality Act (“CEQA”). At the time of this Agreement, preliminary determination has been made that the site modifications contemplated by the Site Improvement Application are categorically exempt from CEQA pursuant to Sections 15301 (existing facilities) and 15303 (construction, installation, or conversion of small structures, equipment, or facilities).

3. If the City determines that the CFA-Related Parties are in material breach of this Agreement, or upon a determination that the traffic reflected in the traffic monitoring reports required by Section II.B.3.c., above, warrants recommencement of the Nuisance Proceedings as contemplated by Section II.A.2, above, then the City shall give notice to the CFA-Related parties in accordance with the Notice provision in Section II.D.10, below, with sufficient detail for the CFA-Related Parties to understand the basis for the alleged breach. Upon receipt of the notice, the CFA-Related Parties shall have 30 days to cure such material breach or traffic queuing problem, before the City shall be permitted to take any action. The City shall only be required to provide such notice and opportunity to cure one time in any 12 DocuSign Envelope ID: 0F723828-C0B6-4474-960E-A02C3743CC2C 24113296.9
5 month period and action on subsequent violations may be taken without additional notice and opportunity to cure.

D. General Provisions.

1. Representations and Warranties.
a. The Parties hereby represent and warrant to each other as of the Effective Date, as follows:
1) The Parties have received all corporate and other approvals necessary to enter into this Agreement. The persons signing this Agreement on their behalf are fully authorized to
commit and bind Parties as applicable to each and all of the commitments, terms and conditions hereof, and to release the claims described herein. All documents and instruments relating to this Agreement are, or, upon execution and
delivery will be, valid and binding obligations, enforceable against them in accordance with their respective terms. 2) The Parties have freely entered into this Agreement and are not entering into this Agreement because of any duress, fear, or undue influence; this Agreement is being entered into in good faith.
3) The Parties have made such investigation of the facts pertaining to this Agreement as it deems necessary.
4) The Parties have, prior to the execution of this Agreement, obtained the advice of independent legal counsel of its own selection regarding the substance of this Agreement, and the claims released herein.
5) In executing this Agreement, the Parties acknowledge, represent, and warrant that they have not relied upon any statement or representation of any officer, agent, employee, representative, or attorney of another Party regarding any facts not expressly set forth within this Agreement. Except for knowingly false or intentionally misleading statements, the Parties, by entering into this Agreement, assume the risk of any misrepresentations, concealment or mistake, whether or not it should subsequently discover or assert for any reason that any fact relied upon by them in entering into this Agreement was untrue, or that any fact was concealed from them, or that their understanding of the facts or of the law was incorrect or incomplete.
b. The representations and warranties of each of the Parties set forth in DocuSign Envelope ID: 0F723828-C0B6-4474-960E-A02C3743CC2C 24113296.9
6 this Section and elsewhere in this Agreement shall survive the execution and delivery of this Agreement and are a material part of the consideration to the City in entering into this Agreement.

2. Interpretation.
a. All Parties have cooperated in the drafting and preparation of this Agreement and in any construction or interpretation to be made of this Agreement, the same shall not be construed against any such Party. This Agreement is the product of bargained for and arms’ length negotiations between the Parties and their counsel. This Agreement is the joint workproduct of the Parties. b. This Agreement is an integrated contract and sets forth the entire agreement between the Parties hereto with respect to the subject matter contained herein. All agreements, covenants, representations and warranties, express or implied, oral or written, of the Parties hereto with regard to such subject matter are contained in this Agreement. No other agreements, covenants, representations or warranties, express or implied, oral or written, have been made or relied on by any Party hereto.
c. This Agreement may not be changed, modified or amended except by written instrument specifying that it amends this Agreement and signed by the Party against whom the enforcement of any waiver, change, modification, extension or discharge is sought. No waiver of any provision of this Agreement shall be deemed or shall constitute a waiver of any other provision whether or not similar, nor shall any waiver be deemed a continuing waiver; and no waiver shall be implied from delay or be binding unless executed in writing by the party making the waiver.
d. All of the covenants, releases and other provisions herein contained in favor of the persons and entities released are made for the express benefit of each and all of the said persons and entities, each of which has the right to enforce such provisions. Except as expressly provided in this Agreement, the obligations and covenants created hereby shall burden the properties and be appurtenant to and benefit the Property pursuant to the provisions of California Civil Code section 1468 et. seq. The restrictions and provisions herein shall run with the Property and shall be binding upon and inure to the benefit of the successors in title to the Property. The covenants may be amended only by a written instrument signed by the Parties. This Agreement shall be recorded in the Official Records of the County of Santa Barbara. e. This Agreement shall be binding upon and inure to the benefit of each of the Parties, and their respective representatives, officers, employees, agents, heirs, devisees, successors and assigns.

3. Further Cooperation.

Each Party shall perform any further acts and to execute and deliver any further documents that may be reasonably necessary or appropriate to carry out the provisions and intent of this Agreement. Except as expressly stated otherwise in this Agreement, actions required of the Parties or any of them will not be unreasonably withheld or delayed. Time will be of the essence of actions required of any of the Parties.

DocuSign Envelope ID: 0F723828-C0B6-4474-960E-A02C3743CC2C 24113296.9
7 4. No Third Party Beneficiaries.

Nothing in this Agreement is intended to benefit any third party or create a third party beneficiary. This Agreement will not be enforceable by any person not a Party to this Agreement, or their respective representatives, heirs, devisees, successors and assigns.

5. Governing Law; Venue.

This Agreement shall be governed by, and construed in accordance with, the laws of the State of California, without regard to any otherwise applicable principles of conflicts of laws. Any action arising out of this Agreement must be commenced in the state courts of the State of California, County of Santa Barbara and each party hereby consents to the jurisdiction of the above courts in any such action and to the laying of venue in the State of California, County of Santa Barbara, and agrees that such courts have personal jurisdiction over each of them.

6. Counterparts.

This Agreement may be executed in any number of counterparts, delivered via facsimile or electronic mail, each of which when so executed shall be deemed to be an original, but such counterparts together shall constitute one and the same instrument.

7. Effective Date.

This Agreement shall become effective as of the Effective Date upon execution by all parties.

8. Conditions and Limitations.
a. The CFA-Related Parties recognize and acknowledge that the City is under no obligation to approve the Site Improvement Application, and that the City reserves all of its discretion and the full measure of its police power to evaluate the applications on their merits in accordance with applicable procedures, standards and requirements. If CEQA applies, the City must comply fully with CEQA when evaluating and acting on the Site Improvement Application.

It is understood and agreed that this Agreement shall not be construed in any fashion as an approval of the Site Improvement Application or an advance determination and does not provide the CFARelated Parties with any expectation as to the outcome of the discretionary review process. The City neither expressly nor by implication conveys any position with regard to whether the Site Improvement Application may or may not be approved or with regards to any conditions that may be imposed on such applications.
b. The Parties acknowledge, understand, and agree that issuance of Final Approvals and acceptance by the Property Owner of any conditions of approval, which shall not be unreasonably withheld, are express conditions precedent to the consummation of this Agreement and the covenants, conditions and agreements contained herein. “Final Approvals” is defined as City approval of the Site Improvement Application by the ABR, approval of the driveway apron expansion application by the City Administrator, and issuance of a building permit or ministerial permit for construction of improvements, where there has also been no litigation DocuSign Envelope ID: 0F723828-C0B6-4474-960E-A02C3743CC2C 24113296.9
8 filed within 90 days of the City’s final action or, if litigation or some other challenge is brought, after a favorable and final resolution of such litigation or challenge. c. If the Site Improvement Application is not approved, or if the CFARelated Parties do not accept the conditions of approval, which shall not be unreasonably withheld, then all obligations in this Agreement shall be null and void and shall have no further force and effect. In such event, neither this Agreement, nor any of its terms or provisions, shall be admissible in any action or proceeding for any purpose. The City may recommence the Nuisance Proceedings stayed by this Agreement upon 30 days’ notice to the CFA-Related Parties and the public if the traffic issues upon which the Nuisance Proceedings were predicated are no longer substantially mitigated.

9. Limitation of Remedies.
a. The Parties acknowledge that neither Party would have entered into this Agreement if doing so would subject it to the risk of incurring liability in money damages, either for breach of this Agreement, anticipatory breach, repudiation of the Agreement, or for any actions with respect to its implementation or application. The Parties intend by the provisions of this Section 9(a) that neither of the Parties shall have any liability for money damages arising out of a breach or repudiation of this Agreement, and no liability in money damages for any claims arising out of the application process, negotiation, execution and adoption, or the implementation or application of this Agreement. Each of the Parties to this Agreement may pursue any remedy at law or equity available for the breach of any provision of this Agreement, including but not limited to specific performance, temporary or permanent injunctive relief, declaratory relief, or restraining orders, except that the Parties shall have no liability in money damages for any acts which are alleged to have arisen out of or relate to this Agreement. The Parties acknowledge and agree that the limitation in Section 9(a) shall not apply to any new nuisance proceeding commenced by the City against any of the CFA-Related Parties following the dismissal of the Nuisance Proceedings. b. The parties further acknowledge that money damages and remedies at law generally are inadequate, and specific performance or other equitable relief is the most appropriate remedy for the enforcement of this Agreement. c. Except for claims, demands, actions, or suits in which non-monetary relief is the sole remedy sought, including without limitation the remedy of specific performance, temporary or permanent injunctive relief, declaratory relief, or restraining orders, and except for claims, demands, actions or suits arising out of future acts and circumstances, each of the parties, for themselves, their successors and assignees, hereby release one another’s officers, trustees, directors, partners, agents and employees from any and all claims, demands, actions, or suits of any kind or nature arising out of any liability, known or unknown, present or future, including, but not limited to, any claim or liability, based or asserted, pursuant to Article I, Section 19 of the California Constitution, the Fifth and Fourteenth Amendments of the United States Constitution, or any other law or ordinance which seeks to impose any money damages, whatsoever, upon the parties because the parties entered into this Agreement, because of the terms of this Agreement, or because of the manner of implementation or performance of this Agreement.

DocuSign Envelope ID: 0F723828-C0B6-4474-960E-A02C3743CC2C 24113296.9
9 10. Notice.

Notice required to be given pursuant to this Agreement shall be by certified mail and, where provided below, by e-mail to the following, to be deemed effective upon actual receipt, if by certified mail, or one business day after delivery by e-mail:

For CFA, Inc.:

Leslie Armistead
Chick-fil-A, Inc., Real Estate Legal
5200 Buffington Road
Atlanta, GA 30349
E-mail: [email protected]
With a copy to:

Beth Collins
Brownstein Hyatt Farber Schreck
1021 Anacapa Street, 2nd Floor
Santa Barbara, CA 93101
E-mail: [email protected]
And:

Brian P. Watt
Troutman Pepper Hamilton Sanders LLP
600 Peachtree Street NE, Suite 3000
Atlanta, Georgia 30308
E-mail: [email protected]
For Operator:

Travis Collins
Collins Hospitality Company, LLC
3707 State Street
Santa Barbara, CA 93105
E-mail: [email protected]
For Property Owner:

McColm 3707 State, LLC
535 San Onofre Road
Santa Barbara, CA 93105
E-mail: [email protected]
Thompson 3707 State, LLC
2175 Alisos Drive
Santa Barbara, CA 93108
E-mail: [email protected]
DocuSign Envelope ID: 0F723828-C0B6-4474-960E-A02C3743CC2C 24113296.9
10 With a copy to:

Joseph Billings
Allen & Kimbell, LLP
317 E. Carrillo Street
Santa Barbara, CA 93101
E-mail: [email protected]
For City of Santa Barbara:

City Administrator
City of Santa Barbara
P.O. Box 1990
Santa Barbara, CA 93102-1990
[email protected]
With a copy to:

City Attorney
City of Santa Barbara
P.O. Box 1990
Santa Barbara, CA 93102-1990
[email protected]
[email protected]
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above written.

CITY OF SANTA BARBARA
By:____________________________________
Rebecca Bjork, City Administrator
City of Santa Barbara
APPROVED AS TO FORM:

Ariel P. Calonne, City Attorney
By:_______________________________
Daniel S. Hentschke, Assistant
[Signatures continued on next page]
DocuSign Envelope ID: 0F723828-C0B6-4474-960E-A02C3743CC2C 24113296.9
11 MCCOLM 3707 STATE, LLC,
a California Limited Liability Company
By: __________________________________
Michael R. McColm, Manager
THOMPSON 3707 STATE, LLC.
a California Limited Liability Company
By: ___________________________________
Patricia Thompson Perry, Manager
APPROVED AS TO FORM:

By:_______________________________
Joseph Billings, Esq.

CHICK-FIL-A, INC.

By:___________________________________
Kelly Ludwick, Vice President Legal
Collins Hospitality Company, LLC.

By: ___________________________________
Travis Collins, Operator
APPROVED AS TO FORM:

BROWNSTEIN HYATT FARBER SCHRECK
By:_______________________________
Beth A. Collins, Esq.

DocuSign Envelope ID: 0F723828-C0B6-4474-960E-A02C3743CC2C 24113296.9

EXHIBIT A

LEGAL DESCRIPTION
DocuSign Envelope ID: 0F723828-C0B6-4474-960E-A02C3743CC2C EXHIBIT "A"

DESCRIPTION OF LAND
All that certain real property situated in the County of Santa Barbara, State of California, described as follows:

That portion of Lot 45 of the Outside Pueblo Lands of the City of Santa Barbara, County of Santa Barbara, State of California, described as follows:

Beginning at a spike set in the center line of State Street, formerly State Highway, said spike and tag being Westerly, measured along said center line, 149.18 feet from the Northeasterly corner of the Anna Powe Hitchcock tract of land shown on a map of survey in Book 18, Page 174, of Record of Surveys, in the Office of the County Recorder of said County, and from said point of beginning a spike and tag set in a bridge tail bears South 2° 27' 40" East 15.65 feet; thence along the general center line of San Roque Creek, the following courses and distances; South 2° 27' 40" East 191.97 feet to a spike and tag set in a boulder, South 49° 32' 30" West 36.35 feet to a spike and tag set in a boulder; and South 89° 12' 40" West 246.66 feet; thence North oo 16' 30" East 220.06 feet to a point in the center line of State Street above referred to; thence along the center line of State Street South 89° 43' 30" East 265.00 feet to the point of beginning.

Said land herein described is shown on a map of survey filed March 6, 1978, in Book 110, Page 49, of Record of Surveys.

Assessor's Parcel Number: 051-590-24-00
Sanca Barbara/Lease
DocuSign Envelope ID: 0F723828-C0B6-4474-960E-A02C3743CC2C 24113296.9

EXHIBIT B

SITE PLAN
DocuSign Envelope ID: 0F723828-C0B6-4474-960E-A02C3743CC2C DocuSign Envelope ID: 0F723828-C0B6-4474-960E-A02C3743CC2C 24113296.9

EXHIBIT C
CORRESPONDENCE DATED MARCH 11, 2022

DESCRIBING INTERIM TRAFFIC MANAGEMENT MEASURES
DocuSign Envelope ID: 0F723828-C0B6-4474-960E-A02C3743CC2C 23896419.1
Beth A. Collins
Attorney at Law
805.882.1419 direct
[email protected]
www.bhfs.com
Brownstein Hyatt Farber Schreck, LLP
805.963.7000 main
1021 Anacapa Street, 2nd Floor
Santa Barbara, California 93101
March 11, 2022
VIA EMAIL: [email protected]
City of Santa Barbara
Santa Barbara City Council
P.O. Box 1990
Santa Barbara, CA 93102-1990
RE: Follow-up From March 1, 2022 City Council Hearing Regarding Interim Traffic Management Measures Being Implemented at the Santa Barbara Chick-fil-A Restaurant at 3707 State Street Dear City Councilmembers:

This letter follows up on the March 1, 2022 hearing before the City Council (“Council”), in which Chick-fil-A, Inc. (“CFA”) and its Operator, Travis Collins, explained why the drive-through operation at the CFA branded restaurant located at 3707 State Street (“Property”) should not be declared a nuisance. As you know, this CFA restaurant, like many others across the country, experienced an unprecedented surge in demand over the past few years, coupled with significant staffing shortages, fueled by the COVID-19 pandemic. During this challenging period, CFA and the Operator have been developing and implementing a variety of short, mid, and long-term strategies to enhance traffic flow onto and over the Property and to avoid material traffic queuing on State Street near the Property.

We believe that significant progress has been made in this effort, particularly of late, to the point where, as of today, no material drive-through queuing related to this restaurant is occurring on State Street. To the extent any queuing is observed, the traffic control officer is addressing it immediately.

This letter outlines the interim measures CFA and the Operator are currently implementing (“Interim Traffic Management Measures”), as CFA continues to work with City staff to process its application for additional physical improvements to the Property that will further improve traffic flow on and off the site, reducing the wait times for drive-through customers, and further minimizing any risk of traffic issues associated with the Property (Application No. PLN2021-00093) (“Proposed Plan for Physical Site Improvements”). CFA and the Operator commit to continue implementing the Interim Traffic Management Measures detailed below.

Interim Traffic Management Measures
Implementation of the following measures will help maximize the efficiency of traffic flow onto and off of the Property.

DocuSign Envelope ID: 0F723828-C0B6-4474-960E-A02C3743CC2C 23896419.1
City Councilmembers
March 11, 2022

• Third-Party Traffic Control Officer: The Operator will maintain the onsite third-party traffic control officer during peak hours of operation. The traffic control officer will direct vehicles onto the Property and, when feasible, direct vehicles away from the site if the drive-through is full.
• Kitchen Upgrades and Operational Improvements: The Operator has implemented various changes to the bagging and ordering systems that resulted in faster drive-through service and less time waiting for food to be delivered. The Operator also has implemented various kitchen upgrades to reduce food preparation time, which has also contributed to faster drive-through service. The team actively manages the drive-through queue to deliver food to customers as soon as it is ready and pulls those customers out of line. Similarly, for larger orders or orders that might be delayed, team members promptly direct customers to designated parking spaces to keep the drive-through queue moving.
• Parking Management: Onsite signage will be erected to discourage customers from offsite parking. The signage is in production and will be installed no later than March 12. If witnessed, the traffic control officer will verbally discourage offsite parking. • Staffing: Staffing team members at the restaurant is a dynamic and ever-changing process which accounts for many factors. The Proposed Plan for Physical Site Improvements will improve traffic flow on the site and increase efficiency of ordering and food distribution, changing (and likely reducing) the outdoor staffing requirements for the Drive-Through.

However, during this interim period, before the Proposed Plan for Physical Site Improvements are implemented, during peak hours, the Operator is committed to staffing the Drive-Through with at least five outdoor team members (in addition to the Third-Party Traffic Control Officer).

The Operator expects that this staffing will ensure the efficient and effective operation of the Drive-Through. As discussed further below, to the extent that regular traffic and queuing studies by a traffic engineer reflect any queuing issues at the restaurant, the traffic engineer will recommend additional measures to address the issue. • Communication with the Public: Additional signage is being erected onsite to publicize Chickfil-A’s Customer CARES line (866-232-2040) to allow the public to notify CFA and the Operator of any traffic or other concerns. The signage is in production and will be installed no later than March 12.
• Education: The Operator will continue to educate customers on the ongoing efforts to expedite the drive-through experience and to observe proper drive-through etiquette.

CFA, the Operator, and the Brownstein team are committed to effectively resolving community concerns regarding queuing on State Street. Early data show that the current combination of Interim DocuSign Envelope ID: 0F723828-C0B6-4474-960E-A02C3743CC2C 23896419.1
City Councilmembers
March 11, 2022

Traffic Management Measures is working; there is no material queuing occurring on State Street due to the restaurant. CFA will provide monthly updates to the Council from its traffic engineer Keil Maberry from Linscott, Law and Greenspan, Engineers (“LLG”) evaluating the success of these Interim Traffic Management Measures, and if necessary, recommending additional proposed measures. We plan to deliver the first update in the first week of June.

CFA and the Operator hope that as we continue to implement and monitor the success of the Interim Traffic Management Measures, and as we continue to process our Proposed Plan for Physical Site Improvements with the City, City staff will coordinate and work with us. To that end, City staff and our team have set a meeting on March 15, 2022 to discuss the items detailed in this letter along with next steps regarding our pending application.

Thank you for your time and attention to this important issue. We look forward to continuing our work with this Council and City staff.

Sincerely,
Beth A. Collins
Cc: Mr. Ariel Calonne, City Attorney;
Mr. Dan Hentschke, Assistant City Attorney
DocuSign Envelope ID: 0F723828-C0B6-4474-960E-A02C3743CC2C 1 RESOLUTION NO.

A RESOLUTION OF THE COUNCIL OF THE CITY OF

SANTA BARBARA APPROVING A TRAFFIC

CIRCULATION AGREEMENT TO REMEDY

NUISANCE RELATED ISSUES ARISING FROM THE

OPERATION OF A DRIVE-THROUGH FACILITY
LOCATED AT 3707 STATE STREET

NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SANTA BARBARA THAT:

1. The Traffic Circulation Agreement among the City of Santa Barbara, Chick-fil-A, Inc., McColm 3707 State Street, LLC, Thompson 3707 State Street, LLC, and Collins Hospitality Company, LLC, presented to the Council at its meeting of June 7, 2022 in connection with the continued public hearing to consider allegations of a public nuisance arising from the operation of a drive-through facility at 3707 is approved.

2. The City Administrator is authorized and directed to execute the Agreement substantially in the form presented to the City Council and as approved as to form by the Assistant City Attorney responsible for the nuisance abatement proceedings.

3. The nuisance abatement proceedings commenced pursuant to Resolution No. 22-088 are stayed indefinitely and deemed terminated as provided in the Traffic Circulation Agreement.

4. The direction given at the March 1, 2022 public hearing to the City Attorney to prepare an ordinance declaring and directing the abatement of a public nuisance is rescinded.

5. This Resolution is effective upon adoption.

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: June 7, 2022
TO: Mayor and Councilmembers
FROM: Ariel Calonne, City Attorney
SUBJECT: Continued Public Hearing To Consider Declaration Of A Public Nuisance Resulting From The Operation Of A Drive-Through At The Restaurant Located At 3707 State Street
RECOMMENDATION: That Council:

A. Receive a staff report on the status of negotiated remedial recommendations and adopt, by reading of title only, A Resolution of the Council of the City of Santa Barbara Approving a Traffic Circulation Agreement to Remedy Nuisance Related Issues Arising from the Operation of a Drive-Through Facility Located at 3707 State Street or, in the alternative;
B. Introduce and subsequently adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Declaring the Existence and Ordering the Abatement of a Public Nuisance Resulting from the Manner of Operation of a Drive-Through Facility Located at 3707 State Street.

DISCUSSION:

At the March 1, 2022, nuisance public hearing, Council directed four specific actions:

1. Continue the public hearing to June 7, 2022 following supplemental notice to the property owners.

2. Direct the City Attorney to prepare a draft ordinance with nuisance findings based upon Council’s comments and the evidence presented, and return with the ordinance on June 7th.

Council Agenda Report
Continued Public Hearing To Consider Declaration Of A Public Nuisance Resulting From The Operation Of A Drive-Through At The Restaurant Located At 3707 State Street June 7, 2022

3. Staff are to work with Chick-fil-A and the property owners to develop potential remedies and return with remedial recommendations on June 7th.

4. On or before March 11, Chick-fil-A is to send a letter with proposed interim traffic control actions and report monthly on traffic monitoring information.

On March 15, 2022, the City Attorney provided written notice of the continued June 7, 2022 public hearing, as required by law, to the property owners who claimed they did not receive formal notice previously.

Staff and Chick-fil-A have worked diligently and, in the opinion of the City Attorney, successfully, on a series of remedial actions. Staff will be recommending Council approval of a proposed Traffic Circulation Agreement. This Agreement effects what has thus far proven to be a successful set of proactive measures which eliminate the chronic nuisance activity that staff described during the March 1, 2022 public hearing. In addition, the Traffic Circulation Agreement preserves the City’s ability to take action in the future should further action prove necessary and factually supportable. For these reasons, the City Attorney advises Council to support staff’s proposed resolution of the nuisance conditions.

In the alternative, as directed, the City Attorney has prepared a nuisance abatement ordinance for Council consideration. Given the significant improvement in traffic congestion since implementation of the March 11 interim measures, and the abovereferenced Agreement proposed to Council by staff and Chick-fil-A, the City Attorney does not advise adoption of the ordinance.

Should Council wish to enact a nuisance abatement ordinance despite our recommendations, the City Attorney advises that the public nuisance abatement order be limited to the traffic mitigation measures described in the staff Traffic Circulation Agreement. The accompanying Ordinance reflects these measures as follows:
 Operator shall provide an attendant to monitor the drive-through lane. The attendant will be responsible for monitoring traffic and implementing traffic control measures when vehicles are stacked beyond the end of the “Team Member Zones” (as shown on the site plan submitted with the Site Improvement Application (“Site Plan”), which represents approximately 22* cars in the drive-through stack to facilitate the safe and efficient movement of traffic within the parking lot area. (*This number is based on the Site Plan. If the approved Site Plan contains a Council Agenda Report
Continued Public Hearing To Consider Declaration Of A Public Nuisance Resulting From The Operation Of A Drive-Through At The Restaurant Located At 3707 State Street June 7, 2022

drive-through stack with a different number, then this provision will need to be adjusted accordingly.)
 The Operator will provide sufficient team members to conduct remote ordering and direct additional vehicles to the on-site parking area, during peak hours or whenever required to ensure that queues do not interfere with on-site circulation or spill onto the public sidewalk or street.
 The Tenant shall provide monthly traffic monitoring reports prepared by a professional traffic engineer to the City’s Public Works Director for a period of 12 months following the completion of construction of the improvements contemplated by the Site Improvement Application.
 Twice a year, the Operator shall have the restaurant operations and drive-through assessed by the Tenant corporate team in an effort to further streamline operations. The Operator shall take all reasonable measures to implement any recommendations of the Tenant drive-through team to further enhance traffic flow at the Property.
 The Tenant and the Operator shall work together to seek additional off-site parking to be provided at no charge for the Operator’s team members.  The Tenant and the Operator shall take all reasonable measures to prevent truck deliveries at the restaurant during peak hours of operation, including, for example, communicating with vendors and delivery services to avoid deliveries during peak hours of operation.
 The Tenant and the Operator shall take all reasonable measures to prevent trucks or armored cars visiting the Property from parking on State Street, including, for example, posting signage as required by the Public Works Director to notify such trucks or armored cars that parking on State Street shall not be allowed and including such provisions in service contracts with vendors where feasible.  The Operator shall install and maintain permanent onsite signage to discourage Chick-fil-A customers from offsite parking. If the Operator or the Tenant secures offsite parking for customers, this signage may be removed. Such off-site parking arrangements will require approval of a recorded agreement approved by the Community Development Director in accordance with Santa Barbara Municipal Code Chapter 20.260.

Council Agenda Report
Continued Public Hearing To Consider Declaration Of A Public Nuisance Resulting From The Operation Of A Drive-Through At The Restaurant Located At 3707 State Street June 7, 2022

PREPARED BY: Ariel Calonne, City Attorney
SUBMITTED BY: Ariel Calonne, City Attorney
APPROVED BY: City Administrator's Office
COUNCIL INTRODUCTION DRAFT 06/07/22
1 ORDINANCE NO. _____

AN ORDINANCE OF THE COUNCIL OF THE CITY OF

SANTA BARBARA DECLARING THE EXISTENCE AND

ORDERING THE ABATEMENT OF A PUBLIC NUISANCE

RESULTING FROM THE MANNER OF OPERATION OF A
DRIVE-THROUGH FACILITY LOCATED AT 3707 STATE
STREET

THE CITY COUNCIL OF THE CITY OF SANTA BARBARA DOES ORDAIN AS FOLLOWS:

SECTION 1. Land Use Background.

A. On July 3, 1979, the City Council adopted Ordinance No. 4001 to prohibit the issuance of building permits for any new or expanded drive-through facility in any zone of the City. Ordinance No. 4001 defined “Drive-Through Facility” as follows:
“Drive-through facility means a motor vehicle drive-through facility which is a commercial building or structure or portion thereof which is designed or used to provide goods or services to the occupants of motor vehicles. It includes, but is not limited to, banks and other financial institutions, fast food establishments, and film deposit/pick-up establishments, but shall not include drive-in movies, gasoline stations, or car-wash operations.” B. On November 23, 1993, the City Council adopted Ordinance No. 4837 which amended the Santa Barbara Municipal Code pertaining to drive-through facilities to read as follows:
“No new or expanded drive-through facility shall be permitted in any zone of the City. Existing financial institution drive-through facilities may be COUNCIL INTRODUCTION DRAFT 06/07/22
2 replaced in kind with automated teller machines as long as the number of drive-through lanes does not increase.”
C. Santa Barbara Municipal Code section 30.185.160 provides that:
“New or expanded drive-through facilities are prohibited. There shall be no new floor area, and no intensification of use on existing structures developed with a drive-through facility. Existing financial institution drive-through facilities may be replaced in kind with automated teller machines provided the number of drive-through lanes does not increase.”
D. Santa Barbara Municipal Code section 30.295.040 L. defines commercial use classifications and includes the following description of “Drive-Through Facility:” “Drive-Through Facility. A motor vehicle drive-through facility which is a commercial structure or portion thereof which is designed or used to provide goods or services to the occupants of motor vehicles.

It includes, but is not limited to, banks and other financial institutions, fast food establishments, and film deposit/pick-up establishments, but shall not include drive-in movies, gasoline stations, or car-wash operations.”
E. Drive-Through Facilities and uses that predate Ordinance No. 4001 are nonconforming within the meaning of SBMC Chapters 30.165 and 30.300.140.

Nonconforming structures, site development, or uses may be continued, repaired and maintained. The right to continue a nonconforming use or structure shall attach to the COUNCIL INTRODUCTION DRAFT 06/07/22
3 land and shall not be affected by a change in ownership, tenancy, or management. (SBMC, § 30.165.030.)
F. The property and drive-through facility located at 3707 State Street is presently zoned C-R/USS, Commercial Restricted, Upper State Street Area, and is a nonconforming facility and use.

G. Santa Barbara Municipal Code section 30.205.160 provides, in pertinent part, that:
“Any structure erected or maintained or any use of property contrary to the provisions of this title shall be, and the same is hereby declared to be, unlawful and a public nuisance and the City Attorney shall have the authority to commence actions and proceedings for the abatement, removal or enjoinment thereof in the manner provided by law . . . .” H. Santa Barbara Municipal Code section 30.180.020 prohibits any land or buildings from creating a hazard, as follows:
“Land or buildings shall not be used or occupied in a manner creating any dangerous, injurious, or noxious fire, explosive or other hazard that would adversely affect the surrounding area.”
I. Santa Barbara Municipal Code section 22.21.010 A. provides that:
“Encroachments in, on, under, or interfering with the use or improvement of any public road, street, alley, storm drain, sewer or waterline easement, or other public property or right-of-way which are not removed within 30 days following demand by the City Public Works Director or City Engineer may be declared to be a public nuisance by resolution of the City Council.”
COUNCIL INTRODUCTION DRAFT 06/07/22
4 J. Santa Barbara Municipal Code section 22.21.100 establishes that the City’s power to declare a public nuisance for street encroachments does not create a limitation on the City Council’s power to declare a public nuisance as a result of any other nuisance that impedes traffic:
“Nothing in this chapter is intended to limit the ability of the City to respond as needed to remove a nuisance or other obstruction where required to maintain the public health, peace or safety, under provisions of Chapter

10.56 of this code, or as otherwise required in proper exercise of a police power. At the discretion of the Public Works Director or City Engineer any such obstruction, encroachment or other nuisance which has been placed, fallen, or is so positioned as to directly interfere which public use, obscure visibility, impede traffic, produce imminent hazard, or which is placed in violation of any law, shall be removed without the order, delay, notice, or accounting provided in this chapter. The Public Works Director is authorized to seek recovery for the costs of such removal from the party or parties responsible.”
K. The City Council conducted public nuisance hearings on March 1 and June 7, 2022 during which it received substantial evidence from City professional staff, the public, the property owners and the operator of the existing business.

L. Chick-fil-A, Inc. is the Tenant of the property.

M. Collins Hospitality Company, LLC, the Operator, is the franchisee and independently owns and operates the Chick-fil-A restaurant business on the property.

COUNCIL INTRODUCTION DRAFT 06/07/22
5 N. McColm 3707 State, LLC and Thompson 3707 State, LLC are the Property Owners of 3707 State Street.

O. On February 11, 2021, the Tenant and the Property Owners applied to the City for approvals permits to modify the parking lot and make exterior improvements on the Property to improve on-site traffic circulation, designated as PLN2021-00093 (“Site Improvement Application”). The City has been processing the application since that time. To that end, the City held an Architectural Board of Review (“ABR”) hearing on the Site Improvement Application on May 2, 2022, and another hearing on May 31, 2022. City staff have expressed general support for the site plan submitted as Exhibit B of the Site Improvement Application (“Site Plan”) and determined that the proposed drive-through configuration and site plan are consistent with and not an expansion of the existing nonconforming drive-through use. Following ABR action, application for and issuance of building permits will be required for implementation of the site improvements.

P. This Ordinance is based upon conditions created by the business operating at 3707 State Street and is not intended to eliminate the nonconforming rights afforded the Property Owners by the Santa Barbara Municipal Code.

SECTION 2. Findings and Determinations.

The City Council finds and determines, upon the basis of substantial evidence presented in the record of proceedings established by oral and written reports and public comments during the public hearings conducted on March 1 and June 7, 2022, as follows:

A. The Land Use Background set forth in Section 1 is incorporated by this reference into the City Council’s findings and determinations.

COUNCIL INTRODUCTION DRAFT 06/07/22
6 B. The City has received numerous citizen complaints over a period of several years regarding the chronic adverse impact to traffic on State Street resulting from the operation of the drive-through facility located at 3707 State Street.

C. There is a chronic adverse traffic impact caused by the operation of the drivethrough facility located at 3707 State Street creating a threat to pedestrians, bicyclists, and motorists as described in the report of the City’s Traffic Engineer. Although motorists stopping in the travel way or bicycle path front, on or adjacent to 3707 State Street while waiting to turn into the drive-through facility located at 3707 State Street are violating traffic laws, use of Police Department personnel to attempt to abate the nuisance caused by the existence of a drivethrough facility by issuing citations to motorists at this location would be an inefficient and cost prohibitive use of limited Police Department resources and personnel. Furthermore, expenditure of public funds for Police Department enforcement would shift the burden of abatement of the public nuisance caused by the operation of the drive-through facility from the persons and entities economically benefitting from the operation of the drive-through facility to the residents and taxpayers of the City generally.

D. The size and configuration of the lot at 3707 State Street is not conducive to the operation of the existing business, but may be suitable for other drive-through businesses. There is insufficient area for the existing business to provide sufficient space for the queueing of motor vehicles on-site. This causes customers desiring to use the drive-through to back up into the street blocking the bicycle and vehicle lanes, blocking ingress to and egress from adjacent property, blocking a bus stop, and causing persons to make sudden and dangerous turns and lane changes to avoid the backup. Previous actions to prevent these conditions, including placement of signs warning motorists to not stop in the roadway, changing the method of COUNCIL INTRODUCTION DRAFT 06/07/22
7 ordering and queueing of vehicles on-site have not mitigated the public nuisance caused by the existence of the drive-through facility. Therefore, mitigation of the traffic nuisance created by the drive-through facility, as used by the existing business, while preserving the property owners’s right to reuse the drive-through for other businesses, is the least burdensome abatement measure available to the City.

E. The operation of the drive-through facility located at 3707 State Street interferes with the property rights of adjacent businesses. The queuing of vehicles routinely blocks access to adjacent businesses, which affects customer and delivery access to these businesses. For example, Rusty’s Pizza Parlor is located 115 feet west of the restaurant located at 3707 State Street. A queue of about five vehicles long will block access to Rusty’s Pizza Parlor’s driveway.

The driveway for Rusty’s Pizza Parlor is blocked an average of 15 times per day.

F. People with disabilities are unable to access several facilities near 3707 State Street as a result of the existing business’ drive-through facility. The operation of the existing business’ drive-through facility has caused vehicles in queue to block the sidewalk in front of 3707 State Street. Not only does blocking the sidewalk present a danger to all pedestrians, but people with disabilities have difficulty maneuvering around the vehicles blocking the sidewalk, if they are able to do so at all. As a result of the drive-through facility’s queue, vehicles also block the disabled parking spots at 3707 State Street.

G. The Santa Barbara Metropolitan Transit District (“MTD”) has experienced service difficulties in the area surrounding 3707 State Street. When there is a queue of vehicles backing onto State Street, buses must change lanes to bypass the queue. It is more difficult for buses to bypass the queue in comparison to passenger vehicles, which increases the risk of collision.

COUNCIL INTRODUCTION DRAFT 06/07/22
8 The queue of vehicles may also cause delays to transit vehicles like the MTD, resulting in service disruptions.

H. On March 11, 2022, after the City Council’s initial nuisance abatement hearing, the existing business submitted interim traffic management measures by letter from legal counsel.

The above-described public nuisance traffic conditions have substantially improved following implementation of these measures.

SECTION 3. Abatement Order.

A. The Tenant and Operator of the restaurant at 3707 State Street are ordered to abate the public nuisance by implementing the following traffic management measures:

1. Operator shall provide an attendant to monitor the drive-through lane. The attendant will be responsible for monitoring traffic and implementing traffic control measures when vehicles are stacked beyond the end of the “Team Member Zones” (as shown on the site plan submitted with the Site Improvement Application (“Site Plan”), which represents approximately 22* cars in the drive-through stack to facilitate the safe and efficient movement of traffic within the parking lot area. (*This number is based on the Site Plan. If the approved Site Plan contains a drive-through stack with a different number, then this provision will need to be adjusted accordingly).

2. The Operator will provide sufficient employee team members to conduct remote ordering and direct additional vehicles to the on-site parking area, during peak hours or whenever required to ensure that queues do not interfere with on-site circulation or spill onto the public sidewalk or street.

3. The Tenant shall provide monthly traffic monitoring reports prepared by a professional traffic engineer to the City’s Public Works Director for a period of 12 months COUNCIL INTRODUCTION DRAFT 06/07/22
9 following the completion of construction of the improvements contemplated by the Site Improvement Application.

4. Twice a year, the Operator shall have the restaurant operations and drive-through assessed by the Owner’s corporate team in an effort to further streamline operations. The Operator shall take all reasonable measures to implement any recommendations of the Tenant drive-through team to further enhance traffic flow at the Property.

5. The Tenant and the Operator shall work together to seek additional off-site parking to be provided at no charge for the Operator’s team members.

6. The Tenant and the Operator shall take all reasonable measures to prevent truck deliveries at the restaurant during peak hours of operation, including, for example, communicating with vendors and delivery services to avoid deliveries during peak hours of operation.

7. The Tenant and the Operator shall take all reasonable measures to prevent trucks or armored cars visiting the Property from parking on State Street, including, for example, posting signage as required by the Public Works Director to notify such trucks or armored cars that parking on State Street shall not be allowed and including such provisions in service contracts with vendors where feasible.

8. The Operator shall install and maintain permanent onsite signage to discourage Chick-fil-A customers from offsite parking. If the Operator or the Tenant secures offsite parking for customers, this signage may be removed. Such off-site parking arrangements will require approval of a recorded agreement approved by the Community Development Director in accordance with Santa Barbara Municipal Code Chapter 20.260.

COUNCIL INTRODUCTION DRAFT 06/07/22
10 B. The City Administrator and the Public Works Director are directed to return with a report on the continuing effectiveness of these measures no later than January 31, 2023.

C. The City Attorney is authorized to enforce this Ordinance through legal action as allowed by law.

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: June 7, 2022
TO: Mayor and Councilmembers
FROM: City Clerk’s Office, City Administrator’s Office
SUBJECT: Interviews For City Advisory Groups
RECOMMENDATION: That Council:

A. Hold interviews of applicants to various City Advisory Groups (Est. time 4:00 p.m.); and
B. Continue interviews of applicants to June 14, 2022. (Est. time 6:00 p.m.) DISCUSSION:

Interviews of applicants for various positions on City Advisory Groups are to be held on May 24, 2022, at an estimated time of 4:00 p.m. Applicants will also have the option to be interviewed on June 7, 2022, at an estimated time of 4:00 p.m., and on June 14, 2022, at an estimated time of 6:00 p.m.

For the current 63 vacancies, 68 individuals submitted 75 applications. 4 applications have been withdrawn. A list of eligible applicants and pertinent information about the City Advisory Groups is attached. Applicants have been notified that to be considered for appointment they must be interviewed. Applicants have been requested to prepare a two to three minute verbal presentation in response to a set of questions. Those questions are specific to the group for which they are applying. Applicants applying to more than one advisory group may have up to five minutes for their presentation.

Appointments are scheduled to take place on June 28, 2022.

ATTACHMENT: List of Applicants
PREPARED BY: Niko Lopez, Deputy City Clerk
Agenda Item No. 22
File Code No. 140.05
Council Agenda Report
Interviews For City Advisory Groups
June 7, 2022

SUBMITTED BY: Sarah Gorman, MMC, City Clerk Services Manager APPROVED BY: City Administrator's Office

ATTACHMENT
1 Semiannual Recruitment 2022

ARTS ADVISORY COMMITTEE
 One vacancy
 Term Expiration: December 31, 2023
 Qualifications/Category: Members may be residents inside the South Coast area of Santa Barbara County, and shall have acknowledged accomplishments in the arts, and demonstrate an interest in and commitment to cultural arts and activities.
 Appointees may not hold any full-time paid office or employment in City government.

CATEGORY
(Number of
Vacancies)

APPLICANT
Incumbent
Appt. Dates
(Years Served)
Notes
Heather Andrew
Adrienne DeGuevara
Andrea Garcia
Carole Goodman
Vincent Gonzalez
Diane Huntoon
Serena Lee
Karen Luckett
Darrel McNeill
Barbara Parmet
Qualified
elector/South Coast
Area resident (1)
Stephanie Robertson
2 Sarah Rothschild
Claudia Schou
Alexandra Terry
3 BUILDING AND FIRE CODE BOARD OF APPEALS
 Five vacancies.
 Term Expiration: Three on June 30, 2026, two on June 30, 2024  Qualifications/Category: Member shall be a resident of the City or adjoining unincorporated area of Santa Barbara County, and shall demonstrate knowledge and expertise in specialty areas governed by the construction and fire codes of the City. Per Santa Barbara Municipal Code Sections 22.04.020 (H) (113.1.2) & 8.04.020 (E) (114.1.2), at least 3 members of this board must be physically handicapped in order to hear items that involve Chapter 11 of the California Building Code and Chapters 11A and 11B of the California Fire Code.  Appointees may not hold any full-time paid office or employment in City government.

CATEGORY
(Number of
Vacancies)

APPLICANT
Incumbent
Appt. Dates
(Years Served)
Notes
James Marston
6/18/19 & 7/1/20
2 years 11 months
Member of the physically handicapped
community
Elizabeth Sorgman
City Resident (4)
4 CENTRAL COAST COMMISSION FOR SENIOR CITIZENS
 One vacancy.
 Term Expiration: June 30, 2024
 Qualifications/Categories: Qualified elector of the City.  Appointee may not hold any full-time paid office or employment in City government, and for one year after ceasing to be a member, shall not be eligible for any salaried office or employment with the City.

CATEGORY
(Number of
Vacancies)

APPLICANT
Incumbent
Appt. Dates
(Years Served)
Notes
Qualified Elector of the Toni DeMoulin
City (1)
E Howard Green
6/18/19 & 12/8/20
2 years 11 months
5 CITIZENS OVERSIGHT COMMITTEE
 Seven vacancies.
 Term Expiration: June 30, 2026
 Qualifications/Category: Qualified electors of the City of Santa Barbara. One member must be a representative of the Business Community, and one must be a representative of the Hospitality community.  Appointees may not hold any full-time paid office or employment in City government.

CATEGORY
(Number of Vacancies)

APPLICANT
Incumbent
Appt. Dates
(Years Served)
Notes
Steve Epstein
6/26/18
3 years 11 months
Also qualified elector of the Member of Business city
Community (1)
Jarett Gorin
6/18/19
2 years 11 months
Also qualified elector of the
city
Eric Grossman
Francis Peters
6/26/18
3 years 11 months
Qualified Elector (5)
Member of the
Hospitality Community
(1)
6 CIVIL SERVICE COMMISSION
 Three vacancies.
 Term Expiration: One on June 30, 2026, One on December 31, 2024; One on December 31, 2022  Qualifications/Category: Qualified electors of the City of Santa Barbara.  Appointees may not hold any full-time paid office or employment in City government.

CATEGORY
(Number of Vacancies)

APPLICANT
Incumbent
Appt. Dates
(Years Served)
Notes
Qualified elector of the Eliot Jacobsen
City (3)
7 COMMUNITY DEVELOPMENT AND HUMAN SERVICES COMMITTEE
 Seven vacancies.
 Term Expirations:
 June 30, 2026 (Business Community/Economic Development, Eastside Neighborhood, Senior Community, and Latino Community)
 December 31, 2024 (Oak Park Community);
 December 31, 2023 (Human Services); and
 December 31, 2022 (Westside/Lower Westside Neighborhood)  Qualifications/Category: Must be residents or employees of the designated organizations, and must represent one of the specified categories or organizations:
 Business Community/Economic Development;
 Human Services Organization
 Latino Community;
 Senior Community
 Oak Park Neighborhood;
 Westside/Lower Westside
 Eastside Neighborhood
 Appointees may not hold any full-time paid office or employment in City government.

CATEGORY
(Number of Vacancies)

APPLICANT
Incumbent
Appt. Dates
(Years Served)
Notes
Eastside Neighborhood (1) Jennifer Lemberger
Senior Community (1) Robert Permut
Westside/Lower Westside Karen Luckett
Neighborhood (1)
Orion Ross
Oak Park Neighborhood (1)
Human Services (1)
8 Business Eric Grossman
Community/Economic
Development (1) Kari O’Driscoll
Latino Community (1)
9 FIRE AND POLICE COMMISSION
 One vacancy.
 Term Expiration: December 31, 2022
 Qualifications/Category: Qualified Elector* of the City.  Appointees may not hold any full-time paid office or employment in City government.

CATEGORY
(Number of Vacancies)

APPLICANT
Incumbent
Appt. Dates
(Years Served)
Notes
Miles Carroll
Marcus Chevitarese
Louis Reynaud
Matthew Rutherford
Qualified Elector (1)
John Thyne
10 HISTORIC LANDMARKS COMMISSION
 One vacancy.
 Term Expiration: June 30, 2026
 Qualifications/Category: City or non-City resident who represents one of the following categories:
 Licensed Architect;
 Appointees may not hold any full-time paid office or employment in City government.

CATEGORY
(Number of Vacancies)

APPLICANT
Incumbent
Appt. Dates
(Years Served)
Notes
Licensed Architect(1)
Cassandra Ensberg Not qualified elector of the
city
11 HOUSING AUTHORITY COMMISSION
 Three vacancies.
 Term Expiration: June 30, 2026
 Qualifications/Category:
 2 members must be tenants who are receiving housing assistance from the Housing Authority. At least one must be 62 years of age or older.
 Appointees may not hold any full-time paid office or employment in City government.

CATEGORY
(Number of
Vacancies)

APPLICANT
Incumbent
Appt. Dates
(Years Served)
Notes
Esvin Almengore
12/7/21
5 months
Also qualify for public at- large
Cameron Pyles Also qualify for public at- large
Tenant Member (2)
Bonnie Elliott Also qualify for public at- large
Senior Tenant
Mary Fenger
11/12/19
2 years 6 months
Qualifies as Senior Tenant
Member, satisfying age
requirements
Lucille Boss
6/26/18
3 years 11 months
David Brentlinger
Jeffrey Chang
Amanda Cobb
Orion Ross
Sarah Rothschild
Public at-large (1)
Winfield Shiras
12 LIVING WAGE ADVISORY COMMITTEE
 Four vacancies.
 Term Expirations:
 June 30, 2026 (Owner/Manager of a business within the City of Santa Barbara; and Public at-large);  June 30, 2024 (Nominee of the Santa Barbara Downtown Organization; and Employee of Local Non-Profit Entity);
 Qualifications/Categories: Members must represent one of the specified categories:
 One public at-large
 One owner/manager of a business within the City;
 One member shall be a nominee of the Santa Barbara Chamber of Commerce or Santa Barbara Downtown Organization; and
 One employee of a local non-profit entity)
 Appointees may not hold any full-time paid office or employment in City government.

CATEGORY
(Number of Vacancies)

APPLICANT
Incumbent
Appt. Dates
(Years Served)
Notes
Public at-large (1) Sari Kamali
Robert Permut
Owner/Manager of a
Business (1) Allen Williams
12/7/21
5 months
Nominee of the Santa
Barbara Downtown
Organization (1)
Employee of Local Non-Profit
Entity (1)
13 MEASURE P COMMITTEE
 Seven vacancies.
 Term Expirations:
 December 31, 2026 (One medical marijuana patient. One medical professional.);  December 31, 2024 (Civil Liberties Advocate, Resident);  December 31, 2023 (Resident);
 December 31, 2022 (One drug abuse, treatment and prevention counselor)  Qualifications/Categories: Members must represent one of the specified categories:
 Two residents of the City.
 One criminal defense attorney.
 One civil liberties advocate.
 One medical marijuana patient.
 One medical professional.
 One drug abuse, treatment and prevention counselor.
 Appointees may not hold any full-time paid office or employment in City government.

CATEGORY
(Number of Vacancies)

APPLICANT
Incumbent
Appt. Dates
(Years Served)
Notes
Devon Wardlow Also qualifies as civil liberties advocate Resident of City (2) Criminal defense attorney (1)
Civil liberties advocate (1)
Medical Marijuana Patient. (1)
Medical Professional (1)
Drug Abuse, Treatment and
Prevention Counselor (1)
14 NEIGHBORHOOD ADVISORY COUNCIL
 Five vacancies.
 Term Expirations:
 December 31, 2023 (Neighborhood representative – 2; Public at-large - 2)  December 31, 2025 (Public at-large – 1)
 Qualifications/Categories: Members must be residents of the following neighborhoods (as those neighborhoods are described in the General Plan Land Use Element). No more than three members can represent one specific neighborhood. Members who do not resided in the specified neighborhoods, but are City residents, may represent the public at large:
 Laguna
 West Downtown
 Lower Eastside
 Westside; and
 Public at Large (2 openings).
 Appointees may not hold any full-time paid office or employment in City government.

CATEGORY
(Number of
Vacancies)

APPLICANT
Incumbent
Appt. Dates
(Years Served)
Notes
Alexandra Brieske
Martee Molnar
Jane Reardon
Andrew Rodriguez
Public at-large (3)
Sarah Rothschild
Neighborhood Sharyn Muir (Westside) Also qualify for public at-large representative (2)
Deborah Brown (West Downtown) Also qualify for public at-large 15 RENTAL HOUSING MEDIATION BOARD
 Five vacancies.
 Term Expiration: December 31, 2023 (Landlord)
December 31, 2024 (Tenant)
December 31, 2025 (Homeowner and Landlord)
 Qualifications/Categories: The majority of members (8) must be residents of the City of Santa Barbara. Non-City resident members must reside in a jurisdiction which contracts with the Rental Housing Mediation Program for services (currently Goleta and Carpinteria). Members must represent one of the following categories:
 Landlord Mediator: owns or manages residential properties for consideration or compensation, whether single or multiple units.
 Tenant Mediator: must rent or lease a dwelling with no ownership of residential properties  Homeowner Mediator: must own and reside in a single-family residence with no ownership of other residential properties.
 Appointees may not hold any full-time paid office or employment in City government.

CATEGORY
(Number of
Vacancies)

APPLICANT
Incumbent
Appt. Dates
(Years Served)
Applicant’s
Preference
(1st, 2nd, 3rd)
Notes
John Beardsmore
Kerry Bentz
Landlord (3)
Teresa Patino
Eric Grossman
Cindy McCann
Homeowner (1)
Robert Permut
Tenant (1)
16 SANTA BARBARA YOUTH COUNCIL
 Eight vacancies.
 Term Expirations:
 June 30, 2024 (Local Alternative, Community, or Continuation High School-2); and  June 30, 2023 (Public at large-1; and SBUSD Student-4)  Qualifications/Categories: Members must be between the ages of 13-19 years and may be from the City or County. Majority of members must be City residents. Members must represent the following:
 Seven members must be from students attending a Santa Barbara Union School District high school;  One member must be a student attending a Local Private School or independent studies; and  One member representing the Public at Large.
 Note: Up to 3 new members may be County residents.
 Note: All applicants also fit the category of Public at Large.

Applicants must appear for an interview before the Santa Barbara Youth Council and City Council.

CATEGORY
(Number of
Vacancies)

APPLICANT
Incumbent
Appt. Dates
(Years Served)
Notes
Tiago Eckstein Also qualify for public at-large
Grace Hu Also qualify for public at-large
Anastasia Li Also qualify for public at-large
Heidi Noro Also qualify for public at-large
SBUSD High School
(3)
Clara Stump Also qualify for public at-large
Local Private High Emie Valle Also qualify for public at-large School (1) Rio Valle Also qualify for public at-large
Public at-large (2)
Local alternative,
community, or
continuation high
schools (2)
17 SINGLE FAMILY DESIGN BOARD
 Three vacancies.
 Term Expirations: June 30, 2026 (Licensed Architect – 1; Professional Qualifications - 1); June 30, 2023 (Licensed Architect)
 Qualifications/Category: Members must be residents of the County of Santa Barbara.  Appointees may not hold any full-time paid office or employment in City government.

CATEGORY
(Number of
Vacancies)

APPLICANT
Incumbent
Appt. Dates
(Years Served)
Notes
Licensed Architect (2) Lauralee Anderson
Professional
qualifications (1)
18 TRANSPORTATION AND CIRCULATION COMMITTEE
 One vacancy.
 Term Expirations: December 31, 2024
 Qualifications/Category: 5 members must be qualified electors of the City. The remaining 2 may may be residents of the County of Santa Barbara.
 Appointees may not hold any full-time paid office or employment in City government.

CATEGORY
(Number of
Vacancies)

APPLICANT
Incumbent
Appt. Dates
(Years Served)
Notes
Larry Bickford
Amanda Cobb
Colin Gleason
Conrad Metzenberg
Sarah Siedschlag
Qualified elector (1)
Jonathan Ziegler
*qualified elector means a United Stated citizen 18 years of age or older