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Agenda packet, first session

Santa Barbara City Council
June 28, 2022

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Agenda packet, first session
Meeting
June 28, 2022
Body
Santa Barbara City Council
Pages
7
Original file
18.6 MB
Text extracted from the city's file for reading and search. Open the original on docs.santabarbaraca.gov. That file is the official record.

American Rescue Plan Act (ARPA)-funded decorative lighting along the Promenade and on-street deep cleaning, and 5) overview of staffing constraints.

The Committee foresees that the Promenade on-street business facilities remain until permanent changes are made from the State Street Master Plan effort.

The Committee also provided initial feedback on installation of decorative lighting enhancements for the promenade and advised against a one-way traffic pilot on the 700- 900 blocks of State Street.

The Committee is currently reviewing aesthetic requirements for on-street business facilities, fees for use of the City of Santa Barbara’s (City’s) public right-of-way, and size limitations of in-street business operations (business frontage and/or beyond) and staff requests direction on when to return to full Council with recommendations for these topics.

DISCUSSION:

Santa Barbara was one of many cities to close streets and allow businesses to operate outdoors in response to the pandemic and public health orders restricting indoor business activities. Santa Barbara was an early adopter of this policy and did not require any application or permit process for businesses to follow to establish their outdoor business facilities or parklets. Both residents and visitors have been enthusiastic about the creation of the interim State Street Promenade, and the outdoor business facilities have added a new vibrancy to downtown and other commercial areas.

ERETO Implementation
Background
On January 25, 2022, City Council adopted ERETO, which authorized the continued closure of State Street between Haley and Victoria Streets to motor vehicles, allowed businesses to expand outdoors on public streets, on-street parking spaces, and private property until December 31, 2023. The ERETO also established a 20-foot wide fire and emergency vehicle access lane within the closed portion of State Street. The 22-month extension and transition period allows businesses to continue to operate expanded outdoor business facilities and parklets Citywide, while permanent regulatory changes and the State Street Master Plan are in development.

Compliance with the 20-foot Fire and Emergency Vehicle Access Lane In February and March 2022, staff worked closely with the Promenade businesses with outdoor facilities in the street to achieve compliance with the 20-foot fire lane requirement by the March 8, 2022 deadline. Staff conducted final inspections on March 9, 2022, and confirmed nearly one hundred percent compliance with the 20-foot fire lane requirement.

The City Attorney’s Office notified a few non-compliant businesses of the needed corrections. All but one of the non-compliant businesses corrected their violations. One Council Agenda Report
Downtown State Street Interim Operations Update
June 28, 2022

Page 3 ends

business refused to comply and enforcement action commenced. That business remains out of compliance.

Compliance with the Americans with Disabilities Act (ADA) All outdoor business facilities on the Promenade are required to comply with the ADA, as outlined in the City’s Guide to Operating a Business on the Temporary State Street Promenade. During February and March 2022, staff provided businesses with information and held in-person meetings, during which staff reviewed the ADA requirements with the businesses and provided ADA compliance checklists. During field reviews, staff confirmed the majority of the businesses were not ADA compliant with respect to dining tables, ramps, and/or height of vertical obstructions. Violations ranged from minor measurement infractions to the absence of any accommodations for disabled customers.

Two Certified Access Specialist consultants assisted staff with formal ADA inspections in March, April, and May of 2022. If a business was not compliant, the business received a Notice of Violation and with a date to comply. Businesses failing to comply were given a Notice of Administrative Citation with an updated compliance date. Failure to comply with a second Notice of Administrative Citation will result in suspension of permission to use the public right-of-way and removal of the outdoor business facility.

As of June 6, 2022, 24 businesses operating on the Promenade are in compliance with ADA and 19 business are not in compliance. ADA compliance will continue to be a major staff workload focus through the summer months. Achieving and maintaining ADA compliance has placed a strain on staff resources. The City’s Access Advisory Committee (AAC), which advocates for our disability community, has understandably kept the issue of less than full compliance as a point of focus. Representatives of the AAC have spoken at Council meetings, requested more staff resources be applied to ADA compliance and passed a resolution on this issue at their May 20, 2022 meeting. Given the City’s budget constraints and staff hiring restrictions, City Staff are investigating continued on-call consultant services for ADA and right-of-way code enforcement.

SSIO Recommendations and Future Action Items
From February through May of 2022, the Committee members and staff attended meetings with members of the Downtown Organization (DO), DO Food and Beverage Committee, the DO property owners group, Chamber of Commerce, and representatives of businesses adjacent to the Promenade, including the 1300 block of State Street and the 00 block of West Victoria Street. Besides fire lane and ADA compliance, meeting attendees asked questions and provided feedback on parades, on-street business portability, Promenade maintenance and cleanliness, on-street dining and retail rents, capital infrastructure projects currently under construction, the Downtown Parking Budget, and the process of the State Street master planning effort.

Based on these discussions, several topics that require additional discussion and action emerged. On May 31, 2022, the Committee met to discuss these topics:
• Parades on State Street;
Council Agenda Report
Downtown State Street Interim Operations Update
June 28, 2022

Page 4 ends

• Portability;
• Dining Areas that extend beyond storefronts;
• Rent within public right-of-way;
• Lighting enhancement; and
• Promenade - one-way traffic pilot.

Parades on State Street
Council direction is required for, if or when parades should return to State Street. Parade organizers require a long lead-time to plan and prepare for parades, and businesses have requested at least six months of notice to alter their facilities in advance of any required changes.

Public safety officials are not supportive of having outdoor business facilities on State Street while parades are in process. Outdoor dining in the right of way has added an important element of activity and vibrancy to downtown. However, parades on downtown State Street are also an important part of the community. Downtown’s public parking supply and wide sidewalks can easily accommodate the large number of attendees. The City is seeking to retain both activities while addressing the public safety issues.

The Committee recommends that parades on State Street return in June 2023, so long as there are no animals or motor driven vehicles included in the parades. City Staff continue to have concerns with outdoor business facilities still in place during any parade or large gathering from an emergency access standpoint and look to Council for final direction.

Portability
The Committee discussed whether to require on-street business facilities be made portable. “Portability” for on-street business facilities and furnishings is defined as: 1) capable of being removed with 24 hours notice; 2) can be removed without mechanized equipment; and 3) can be temporarily anchored for safety and security.

A portability requirement was considered to facilitate the return of parades to State Street, allow for periodic deep cleaning to address concerns with vermin and general health and safety, and to accommodate storm water flows and prevent flooding during large rain events.

Currently, about 17 of the 44 businesses are portable. Many businesses have raised concerns about where they will store their outdoor facilities when removed from the right of way, as most of the businesses cannot accommodate onsite storage. Businesses have also stated concerns about incurring additional costs for the removal or modification of existing outdoor dining platforms, purchase of new improvements to comply with portability standards, and the costs of storage and removal.

Council Agenda Report
Downtown State Street Interim Operations Update
June 28, 2022

Page 5 ends

The Committee does not recommend requiring existing facilities to be made portable and seeks further direction from full Council.

Expansion of Dining Areas Beyond Storefronts
There are concerns regarding the equity of allowing businesses to expand outdoors and in some instances well beyond the width of their storefront. The businesses that are located on closed streets such as the Promenade have had greater opportunity to expand outdoors, in some cases expanding their business facilities wider than their business storefront. Businesses on the 500 block of State Street are immediately adjacent to other restaurants and bars; therefore, most of these facilities are limited to their storefront width only, whereas businesses on other blocks of the Promenade are not immediately adjacent to other restaurants and bars and have the ability, with the adjacent business’ permission, to go beyond their storefront. If a business is located off the Promenade, the business is subject to the City’s Temporary Parklet Guidelines that limits businesses to their storefront and limits parklet depth to six feet, which is much smaller than the majority of the Promenade businesses with outdoor facilities.

Due to these inconsistencies in how businesses have expanded into the right of way, the Committee is evaluating whether to limit the width of outdoor business facilities to the width of their business storefront. The Committee is also evaluating whether to allow businesses to expand up to double the width of their storefront if the City charges premium rents for the areas that extend beyond the business store frontage.

Rent Within the Public Right-of-Way (On-Street Area Only) The Committee and staff have heard from businesses and the community that the City should charged usage fees (“rent”) for the privilege of using City right-of-way for outdoor business facilities. The Committee is evaluating how fees should be structured and the amount. Rent could be charged on a square foot basis, with the potential of charging a higher rent amount for the area that is wider then their business storefront. At a minimum, staff recommends that rent be sufficient to cover in-street cleaning costs and staff time for program administration. The Committee is still weighing in on different options before a final recommendation is made.

State Street Promenade - One-Way Traffic Pilot
Staff evaluated introducing one-way vehicular traffic back to the 700-900 Blocks of State Street (Ortega to Carrillo Streets) for the purpose of activating the street, as these blocks are more dominated by retail and have little activity, especially in the evening hours; and to allow through traffic to and from De La Guerra Street. Attached is the draft layout of the one-way vehicular pilot. The draft concept included: a northbound vehicular lane; a parking lane; two-way bicycle lanes with a physical separation from the vehicular lane with flex post delineators (similar to Cota Street); and k-rail end treatments similar to Haley/State Street Intersection at the Ortega/State and Carrillo/State Street Intersections.

The pilot concept would cost an estimated $130,000 to implement. The Police and Fire Council Agenda Report
Downtown State Street Interim Operations Update
June 28, 2022

Page 6 ends

Departments evaluated the pilot concept. Both departments had concerns regarding safety.

Upon review of the one-way vehicle pilot concept, the Committee recommended against moving forward with the pilot. The Committee does support other ways to activate the Promenade. The Executive Director of the DO inquired with staff about activing the Promenade and De La Guerra Plaza. While a formal event application has not been submitted, staff anticipates the DO or other community organizations will propose small pop up events in the right-of-way. There is a City process for temporary events in the right-of-way and applicable staff from multiple departments would review for compliance with City regulations.

Future Action Items
As discussed above, the Committee will provide recommendations on the size of dining areas (expansion beyond the storefronts) and rent within City right-of-way. The Committee will also consider whether to develop aesthetic requirements for outdoor business facilities, including type of platform, enclosure materials, furniture, decorative lighting, overhead elements, signage, use of televisions, screens, and projectors, and amplified sound.

ARPA Funding Implementation Status for Decorative Lighting and Cleaning On March 8, 2022, City Council allocated $350,000 in ARPA funds to Downtown Parking to pay for deep cleaning of the Promenade and enhanced decorative lighting.

Decorative Lighting
Council directed $50,000 in ARPA funds go to additional decorative lighting along the Promenade. Currently there is decorative lighting horizontally across the Promenade intersections and mid-blocks. Staff conducted a nighttime field review and made a recommendation for 39 additional strings of horizontal lights spanning State Street between the 400 and 1300 blocks of State Street including some of the 00 blocks to the west and east of State Street. The Committee supported staff recommendations. The cost of the additional lighting and infrastructure needed to hang the lights is about $75,000.

There is enough funding from the Downtown Parking Measure C fund to cover the additional $25,000.

In Street Deep Cleaning
Council directed $300,000 in ARPA funds go to quarterly in street deep cleaning of the Promenade. The initial deep cleaning is anticipated to occur in August 2022. Since the majority of the businesses are not portable, crews will be required to work around the dining facilities.

Council Agenda Report
Downtown State Street Interim Operations Update
June 28, 2022

Page 7 ends

Continued Staffing Constraints
As discussed during the Fiscal Year (FY) 2023 Public Works Budget Presentation, opening the Promenade in May 2020 was a major change to the PW Downton Division’s workload, and resulted in the shift of many workload priorities without additional staff.

Staff resources have also committed to meeting with businesses to discuss various interim operations issues, and working on the State Street Master Planning effort.

Code enforcement of the Promenade is limited. Enforcement related to parklets located outside of the Promenade is still on hold pending staff availability. Staff is evaluating the feasibility of contractor support.

BUDGET/FINANCIAL INFORMATION:

The financial impact to the City from the proposed actions is still being determined. Staff will return to Council as prescribed above with additional information on the financial impacts to the City, to include recommendations for use of public right of way rental income to offset City costs.

ATTACHMENT: State Street Promenade - One-Way Traffic Pilot Concept Plan PREPARED BY: Jessica W. Grant, Interim Public Works Downtown Manager/em SUBMITTED BY: Clifford M. Maurer, P.E, Public Works Director APPROVED BY: City Administrator’s Office
NSHEET: 1 OF 1 SCALE: DATE: NTS 5/12/2022 DRAWN BY: BG CITY OF SANTA BARBARA PUBLIC WORKS STATE ST PROMENADE - VEHICULAR TRAFFIC SERVICE REQUEST: N/A WORK ORDER: N/A STATE ST

CANON PERDIDO

ORTEGA EXISTING PARKLET

DE LA GUERRA EXISTING PARKLET
CARRILLO 7 7311 10 7 7311 4 6 6 212 7 7313 8 6 6 213 4 7 7 313 8 CANON PERDIDO 800 Block of State 700 Block of State 900 Block of State

DRAFT CONCEPT PLAN
Attachment

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: June 28, 2022
TO: Mayor and Councilmembers
FROM: Planning Division, Community Development Department SUBJECT: Interim Urgency Ordinance Limiting New Hotel Development Pending Completion Of The 2023 Housing Element
RECOMMENDATION:

That Council adopt, by reading in full and by a four-fifths vote, 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.

EXECUTIVE SUMMARY:

On May 17, 2022, the City Council approved goals for the City’s 2023 Housing Element.

These goals include commitments to prioritizing housing development that is affordable to the City’s workforce and discouraging conversion of housing to other uses. On June 7, 2022, Council directed staff to return on June 28 with an interim urgency ordinance that would limit new hotel development pending completion of the 2023 Housing Element.

DISCUSSION:

Background
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.

At the April 28, 2022 joint meeting with the Planning Commission, and at the May 17 and June 7 City Council hearings, Councilmembers expressed concern that new hotel development might conflict with Housing Element goals of prioritizing workforce housing over all other types of development, promoting full-time occupancy of existing housing, and discouraging conversion of housing to other uses. For these reasons and other reasons discussed in the June 7th Council Agenda Report, Council directed staff to return Agenda Item No. 19
Council Agenda Report
Interim Urgency Ordinance Limiting New Hotel Development Pending Completion Of The 2023 Housing Element
June 28, 2022

Page 2 ends

on June 28, 2022, with an interim urgency ordinance that would prevent submittal of new hotel development project applications pending completion of the 2023 Housing Element.

As part of the Housing Element update, staff will study zoning changes that would limit where hotels are allowed and 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 ordinance changes identified in the 2023 Housing Element. An interim urgency ordinance would limit hotel development in the non-coastal zone and allow staff to study the impacts of hotels on housing while preparing the update to the 2023 Housing Element.

Proposed Interim Urgency Ordinance
On June 7, 2022, Council considered 21 pending or recently approved hotel projects that had been submitted to the City as of May 17, 2022, and determined that those projects should be allowed to proceed through the review and permitting process under a temporary limitation on new hotel development. A list of those projects is provided again as an attachment to this report.

As drafted, the proposed ordinance would prohibit staff from accepting Pre-Applications (including Planner Consultations) or Planning Applications after May 17, 2022, if the project would result in development or use of a new hotel, new hotel rooms, expansion of an existing hotel, or conversion of a structure to a hotel use, unless the project site is located in the Coastal Zone. The ordinance also temporarily prevents staff from issuing a permit or granting a Zoning Clearance in the event that a future hotel development application requires only a ministerial action.

In response to Council’s specific questions on June 7 regarding what type of hotel projects would be limited by the ordinance, the proposed urgency ordinance would apply to any portion of a mixed-use project that includes new or expanded hotel rooms. All types of short term rentals were purposely included in the ordinance because they create additional demand for housing affordable to hospitality industry service workers through the creation of hospitality industry service worker jobs.

Limiting hotel development in the Coastal Zone is not recommended because it contravenes the City’s approved Local Coastal Program and Coastal Act, which prioritize visitor-serving accommodations and recreational uses. Furthermore, staff believes 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.

Interim Ordinance Process and Extension
Council Agenda Report
Interim Urgency Ordinance Limiting New Hotel Development Pending Completion Of The 2023 Housing Element
June 28, 2022

Page 3 ends

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 five affirmative votes under the City Charter.

If adopted, the proposed interim urgency ordinance would become effective immediately and would expire in 45 days (August 12, 2022), unless extended by the City Council. Due to Council’s two-week break in August, staff recommends returning to Council on July 26, 2022, to extend the urgency ordinance. Because the initial ordinance adoption hearing of June 28 was publically noticed, Council will have the option on July 26 of extending the interim urgency ordinance by either 10 months and 15 days (for a total of one year), or 22 months and 15 days (for a total of two years). If initially extended by only 10 months and 15 days, Council retains the option to extend the urgency ordinance for an additional year prior to its expiration in June 2023.

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 describing the measures taken to alleviate the conditions that led to the adoption of the ordinance be prepared 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 future Transient Occupancy Tax revenue and result in an overall chilling effect on land development projects in general. The potential reduced tourism activity in the future will likely result in other economic changes that may result in sales tax and departmental revenues, among other budget impacts.

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.

ATTACHMENT: Pending and Recently Approved Hotel Projects, as of May 24, 2022
PREPARED BY: Renee Brooke, AICP, City Planner
Council Agenda Report
Interim Urgency Ordinance Limiting New Hotel Development Pending Completion Of The 2023 Housing Element
June 28, 2022

Page 4 ends

SUBMITTED BY: Elias Isaacson, Community Development Director 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
UNCODIFIED INTERIM URGENCY ORDINANCE 06/28/22

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 06/28/22

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.

4. 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 Reports dated June 7, 2022 and June 28, 2022, 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 06/28/22

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 limitation or 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 or Zoning Clearance 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 that has been submitted to the City, either through a formal Planning Application, or through submittal of a Pre-Application Review Team (PRT) or Planner Consultation 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.

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.

UNCODIFIED INTERIM URGENCY ORDINANCE 06/28/22

EFFECTIVE IMMEDIATELY UPON ADOPTION

BY FOUR-FIFTHS VOTE OF THE CITY COUNCIL
4 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 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 28, 2022
TO: Mayor and Councilmembers
FROM: City Clerk’s Office, City Administrator’s Office
SUBJECT: Appointments To City Advisory Groups
RECOMMENDATION:

That Council make appointments to the City’s Advisory Groups.

DISCUSSION:

Currently, there are 62 positions available for appointment to various City advisory groups.

On May 24, June 7, and June 14, 2022, the Council interviewed applicants for these positions. On April 18, May 2, and May 16, 2022, the Santa Barbara Youth Council (SBYC) interviewed SBYC applicants.

The Guidelines for the City of Santa Barbara Advisory Groups, Resolution No. 13-006, states that applicants are required to appear for an interview before the City Council.

Applicants to the Santa Barbara Youth Council (Youth Council) are required to appear for an interview before the Youth Council and the City Council. The names of applicants failing to appear for an interview are removed from the list of persons eligible for appointment. Attachment 1 is a memorandum from the Santa Barbara Youth Council regarding their recommendations for appointment to the Youth Council. Attachment 2 is a list of applicants eligible for appointment.

The appointments to the advisory groups will be effective July 1, 2022.

ATTACHMENTS: 1. Memorandum from the Santa Barbara Youth Council dated June 15, 2022

2. List of Eligible Applicants
PREPARED BY: Sarah Gorman, MMC, City Clerk Services Manager SUBMITTED BY: Sarah Gorman, MMC, City Clerk Services Manager APPROVED BY: City Administrator’s Office
Agenda Item No. 20
City of Santa Barbara
Parks and Recreation Department
Memorandum
DATE: June 15, 2022
TO: Mayor and Councilmembers
FROM: Santa Barbara Youth Council
SUBJECT: Recommendations for Appointment to the Santa Barbara Youth Council June 2022
On March 27, 2013, the City Council approved a resolution formally establishing the Santa Barbara Youth Council as a City Council advisory committee. The resolution stipulated that applicants for vacant positions on the Youth Council would be interviewed by both the Mayor and City Council and the sitting Youth Council board. After which, the Youth Council would submit its recommendations for Council consideration for filling the vacant Youth Council positions as part of the regular semi-annual recruitment and appointment process for City Council boards and commissions.

The Youth Council conducted three sets of interviews on April 18, May 2, and May 16, 2022.

On May 16, 2022, Santa Barbara Youth Council voted to send the following recommendations to the City Council for the June 2022 appointments for vacant Youth Council positions.

Our decision was based on the desire to uphold a diverse board of individuals with proven leadership skills; past participation and experience; and the ability to fulfill the necessary time commitment.

Clara Stump
Emie Valle
Rio Valle
Anastasia Li
Tiago Eckstein
Best Regards,
Nicole Morgan
Recreation Specialist
Santa Barbara Youth Council Advisor
ATTACHMENT 1
ATTACHMENT 2
1 Semiannual Recruitment 2022

ARTS ADVISORY COMMITTEE
 One vacancy
 Term Expiration: December 31, 2025
 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
Diane Huntoon
Serena Lee
Karen Luckett
Darrel McNeill
Qualified
elector/South
Coast area resident
(1)
Claudia Schou
2 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 (5)
3 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
City (1) E Howard Green
6/18/19 & 12/8/20
2 years 11 months
4 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
city; currently holding
qualified elector position
Member of Business
Community (1)
Jarett Gorin
6/18/19
2 years 11 months
Also qualified elector of the
city; currently member of
the business community
Eric Grossman
Francis Peters
6/26/18
3 years 11 months
Qualified Elector (5)
Member of the
Hospitality Community
(1)
5 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
City (3)
6 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
Neighborhood (1)
Oak Park Neighborhood (1)
Human Services (1)
7 Business Eric Grossman
Community/Economic
Development (1)
Latino Community (1)
8 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
Marcus Chevitarese
Louis Reynaud
Matthew Rutherford
Qualified Elector (1)
John Thyne
9 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
10 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 Tenant Member (2)
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
Public at-large (1)
Winfield Shiras
11 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) Sara 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)
12 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
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)
13 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
Sarah Rothschild
Public at-large (3)
Neighborhood
representative (2)
14 RENTAL HOUSING MEDIATION BOARD
 Five vacancies.
 Term Expiration: December 31, 2023 (Landlord – 3; Tenant - 1) December 31, 2024 (Homeowner)
 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)
15 SANTA BARBARA YOUTH COUNCIL
 Eight vacancies.
 Term Expirations:
 June 30, 2024 (SBUSD Student – 3; Local Private High School – 1; Public at-large – 2; Local Alternative, Community, or Continuation High School-2);
 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. For this recruitment, members must represent the following:
 Three 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;  Two members representing the Public at Large; and
 Two members representing a local alternative, community, or continuation high school.  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
Anastasia Li 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)
16 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 in fields
related to architecture
(1)
17 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 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
Colin Gleason
Conrad Metzenberg
Qualified elector (1)
Sarah Siedschlag
*qualified elector means a United Stated citizen 18 years of age or older

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