Agenda packet, first session — Santa Barbara City Council, December 6, 2022 (part 1 of 2)

CITY OF SANTA BARBARA

CITY COUNCIL
Randy Rowse
Mayor
Rebecca Bjork
City Administrator
Meagan Harmon
Mayor Pro Tempore
Kristen W. Sneddon
Ordinance Committee Chair
Sarah J. Knecht
Acting City Attorney
Eric Friedman
Finance Committee Chair
Alejandra Gutierrez
Oscar Gutierrez
Mike Jordan
City Hall
735 Anacapa Street
http://www.SantaBarbaraCA.gov
DECEMBER 6, 2022, 2:00 PM
AGENDA
IN-PERSON PUBLIC COMMENT: At the beginning of each meeting of the City Council, Finance Committee, or Ordinance Committee, any member of the public may address the City Council concerning any item not on the Council's agenda. Any person wishing to make such address should first complete and deliver a "Request to Speak" form prior to the time that public comment is taken up by the City Council. Each speaker will be given a total of 3 minutes to address the Council. Pooling of time is not allowed during general public comment. The time allotted for general public comment at the beginning of the 2:00 p.m. session is 30 minutes.

Any member of the public who did not speak during the 2:00 p.m. session but who submitted a request to do so during the 2:00 p.m. 30 minute session may do so at the end of the meeting when the additional “Public Comment (If Necessary)” is announced. The City Council, upon majority vote, may decline to hear a speaker on the grounds that the subject matter is beyond their jurisdiction.

REMOTE PUBLIC COMMENT: Members of the public wishing to speak must “raise their hand” in the Zoom platform by selecting the virtual hand icon when their item is called. The keyboard shortcut for this is Alt+Y for Windows and Option+Y for Macs. City staff will activate the speaker’s microphone when the speaker’s name is called. The speaker will then need to unmute themselves. The keyboard shortcut for this is Alt+M for Windows or Command-Shift-A for Macs.

HOW TO REMOTELY OBSERVE AND/OR SPEAK LIVE AT A MEETING
• Web: https://santabarbaraca-gov.zoom.us/webinar/register/WN_BHXU9bk1SWq0ntGHplRq0Q (Participation via Zoom)
• Telephone: Dial 1-669-900-6833, Enter Webinar ID: 948 7481 3299 (press *9 to raise/lower hand; press *6 to mute/unmute) • Online Streaming: Council meetings are streamed live at www.SantaBarbaraCA.gov/CAP • TV: Each regular City Council meeting is broadcast live in English and Spanish on City TV Channel 18 and rebroadcast in English on Wednesdays and Thursdays at 7:00 p.m. and Saturdays at 8:00 a.m., and in Spanish on Sundays at 3:00 p.m.

Each televised Council meeting is closed captioned for the hearing impaired. Check the City TV program guide at www.santabarbaraca.gov/citytv for rebroadcasts of Finance and Ordinance Committee meetings.

WRITTEN PUBLIC COMMENT: Public comments may also be submitted via email to [email protected] prior to the beginning of the Council Meeting. All public comments submitted via email will be provided to City Council and will become part of the public record.

ORDER OF BUSINESS: Regular meetings of the Finance Committee and the Ordinance Committee begin at 12:30 p.m. The regular City Council meeting begins at 2:00 p.m. in the Council Chambers at City Hall. (CONTINUED ON NEXT PAGE)
REPORTS: Copies of the reports relating to agenda items are available for review at http://www.SantaBarbaraCA.gov/CAP.In accordance with state law requirements, this agenda generally contains only a brief general description of each item of business to be transacted or discussed at the meeting. Should you wish more detailed information regarding any particular agenda item, you are encouraged to obtain a copy of the Council Agenda Report (a "CAR") online at the City's website (http://www.SantaBarbaraCA.gov/CAP). Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are posted to the City’s website as soon as reasonably feasible.

CONSENT CALENDAR: The Consent Calendar is comprised of items that will not usually require discussion by the City Council. A Consent Calendar item is open for discussion by the City Council upon request of a Councilmember, City staff, or member of the public. Items on the Consent Calendar may be approved by a single motion. Should you wish to comment on an item listed on the Consent Agenda, after turning in your "Request to Speak" form, you should come forward to speak or raise your hand in Zoom at the time the Council considers the Consent Calendar.

SPANISH INTERPRETATION: If you need interpretation of your communications to Council from Spanish into English, please contact the City Clerk’s Office at 564-5309 or by email at [email protected]. If possible, notification of at least 48 hours will usually enable the City to make arrangements.

INTERPRETACIÓN EN ESPAÑOL: Si necesita una interpretación del español al inglés, para sus comunicaciones al Consejo, comuníquese con la Oficina del Secretario Municipal al 564-5309, o por correo electrónico a [email protected]. Si es posible, la notificación de al menos 48 horas generalmente permitirá a la Ciudad hacer los arreglos.

AMERICANS WITH DISABILITIES ACT: If you need auxiliary aids or services or staff assistance to attend or participate in this meeting, please contact the City Administrator's Office at 564-5305 or by email at [email protected]. If possible, notification at least 48 hours prior to the meeting will usually enable the City to make reasonable arrangements. For those who need accessibility accommodation in using the “raise hand” function and/or registering to participate in the Zoom session, please contact the Clerk’s office by 5:00 p.m. the day before the meeting for assistance. Additionally, a speaker may email [email protected] by 5:00 p.m. the day before a meeting, stating which item they wish to speak on. Specialized services, such as sign language interpretation or documents in Braille, may require additional lead time to arrange. 12/06/2022 Santa Barbara City Council Final Agenda Page 1 DECEMBER 6, 2022 AGENDA
FINANCE COMMITTEE MEETING - 12:30 P.M. IN THE DAVID GEBHARD PUBLIC MEETING ROOM, 630 GARDEN STREET (120.03)

1. Subject: Proposed State Street Outdoor Business Facility Charge (530.01) Recommendation: That Finance Committee consider and recommend an Outdoor Business Facility Charge for use of the public right-of-way on the State Street Promenade, including the 400 and 1300 blocks of State Street, for City Council consideration.

Webinar ID: 829 7107 5993
ORDINANCE COMMITTEE MEETING - 12:30 P.M. IN THE COUNCIL CHAMBER (120.03)

1. Subject: Zoning Ordinance Amendments for Accessory Dwelling Units (640.09)
Recommendation: That Ordinance Committee consider and recommend that City Council adopt amendments to the Inland Zoning Ordinance (Santa Barbara Municipal Code Title 30) and Coastal Zoning Ordinance (Santa Barbara Municipal Code Title 28) for Accessory Dwelling Units.

Webinar ID: 832 2691 9770
12/06/2022 Santa Barbara City Council Final Agenda Page 2 REGULAR CITY COUNCIL MEETING – 2:00 P.M.

CALL TO ORDER

PLEDGE OF ALLEGIANCE

ROLL CALL

CEREMONIAL ITEMS

1. Subject: Employee Recognition – Service Award Pins (120.04) Recommendation: That Council authorize the City Administrator to express the City’s appreciation to employees who are eligible to receive service award pins for their years of service through December 31, 2022.

CHANGES TO THE AGENDA

PUBLIC COMMENT

CONSENT CALENDAR

2. Subject: Minutes
Recommendation: That Council waive reading and approve the minutes of the regular meeting of November 1, 2022; November 8, 2022; November 15, 2022; and the special meetings of November 1, 2022; November 8, 2022.

3. Subject: Designation of the Sustainability and Resilience Department as the Entity Responsible for Enforcement of Municipal Code Chapters 9.150 and

9.165 [Ordinance Adoption] (630.02)
Recommendation: That Council adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Amending Sections 9.150.070 and 9.165.050 of the Santa Barbara Municipal Code (SBMC) to Designate the Sustainability and Resilience Department as the Entity Responsible for Enforcement and Make Corresponding Changes Consistent with State Law.
12/06/2022 Santa Barbara City Council Final Agenda Page 3

4. Subject: Lease Agreement for Office Space for the Sustainability and Resilience Department at 801 Garden Street [Ordinance Introduction; Resolution; Agreement] (330.04)
Recommendation: That Council:

A. Introduce and subsequently adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Authorizing the Sustainability and Resilience Director to Execute an Office Lease Agreement with Hayes Property Management, for the Property Located at 801 Garden Street, Suite 200, Commencing Upon the Effective Date of the Lease Agreement, January 16, 2023.

B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 22-059, Adopting the budget for Fiscal Year 2023, for costs related to the lease agreement and other onetime infrastructure and moving costs.

5. Subject: Updated Planning Commission Guidelines [Resolution] (650.03) Recommendation: That Council adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Adopting Planning Commission Guidelines Governing the Code of Conduct for Meetings and Rescinding the Planning Commission Guidelines Adopted by City Council on July 15, 1997.

6. Subject: Acceptance of California State Library Grant, English as a Second Language [Resolution] (570.04)
Recommendation: That Council:

A. Accept the California State Library grant for $86,351 to support English as a Second Language (ESL) Literacy Services; and
B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara amending Resolution No. 22-059, adopting the Budget for Fiscal Year 2023, to approve an increase of Revenue and Expenditure Appropriations in Fiscal Year 2023 in the Library Department Miscellaneous Grants Fund Budget in the Amount of $86,351.
12/06/2022 Santa Barbara City Council Final Agenda Page 4

7. Subject: Acceptance of California State Library Grant, Book to Action [Resolution] (570.04)
Recommendation: That Council:

A. Accept a grant in the amount of $20,000 from the California State Library for the support of Adult Education programing; and
B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara amending Resolution No. 22-059, adopting the Budget for Fiscal Year 2023, to approve an increase of Revenue and Expenditure Appropriations in Fiscal Year 2023 in the Library Department Miscellaneous Grants Fund Budget in the Amount of $20,000 from the California State Library, Federal Library Services and Technology Act (LSTA) fund.

8. Subject: Acceptance of California State Library Grant, Adult and Family Literacy [Resolution] (570.04)
Recommendation: That Council:

A. Accept a grant in the amount of $56,215 from the California State Library for the support of Family and Adult Literacy programing; and B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara amending Resolution No. 22-059, adopting the Budget for Fiscal Year 2023, to approve an increase of Revenue and Expenditure Appropriations in Fiscal Year 2023 in the Library Department Miscellaneous Grants Fund Budget in the Amount of $56,215 from the California State Library.

9. Subject: Acceptance of California State Library Zip Books Project Grant [Resolution] (570.04)
Recommendation: That Council:

A. Accept a grant in the amount of $24,628 from the California State Library to provide access to additional books.

B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara amending Resolution No. 22-059, adopting the Budget for Fiscal Year 2023, to approve an increase of Revenue and Expenditure Appropriations in Fiscal Year 2023 in the Library Department Miscellaneous Grants Fund Budget in the Amount of $24,628 from the California State Library.
12/06/2022 Santa Barbara City Council Final Agenda Page 5

10. Subject: Agreement for Independent Police Monitor Professional Advisory Services in Support of New Civilian Oversight System [Resolution; Agreement] (520.01)
Recommendation: That Council:

A. Authorize the City Administrator to execute an agreement with The Aden Group, LLC in an amount not to exceed $67,200 covering the period from December 6, 2022 to June 30, 2023.

B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution 22-059, Adopting the Budget for Fiscal Year 2023, to increase appropriations in the City Administrator’s Office, in the General Fund, for $67,200.

11. Subject: Municipal Financial Advisory Services for the Police Facility Debt Issuance [Agreement] (210.01)
Recommendation: That Council authorize the Finance Director to execute an agreement with KNN Public Finance, LLC, for municipal financial advisory services in an amount not to exceed $130,000 in connection with the debt issuance for the City’s Police Facility.

12. Subject: Water and Wastewater Service Agreement for 4 Sunrise Hill Lane [Agreement] (540.06)
Recommendation: That Council:

A. Authorize the Public Works Director to execute an agreement for provision of water and sewer service to real property located outside City of Santa Barbara limits, between the City and 109 Investors LLC, to provide City water and wastewater services to 4 Sunrise Hill Lane (APN 013-210-049); and
B. Authorize the Public Works Director to submit an application to the Local Agency Formation Commission to approve the water and wastewater service agreement.
12/06/2022 Santa Barbara City Council Final Agenda Page 6

13. Subject: Advanced Traffic Signal Management System Replacement [Agreement] (530.05)
Recommendation: That Council authorize the Public Works Director to execute a City Professional Services Contract with McCain, Inc. in the amount of $472,176 for an advanced traffic signal management system and traffic signal controllers.

14. Subject: Third Contract Amendment with Carollo Engineers, Inc. for Owner’s Representative Services and Contract Administration Support for Operating the Charles E. Meyer Desalination Plant [Agreement] (540.1) Recommendation: That Council authorize the Public Works Director to execute the Third Contract Amendment to the City Professional Services Agreement No. 25,222 with Carollo Engineers, Inc. in the amount of $247,278 to provide continued owner’s representative services and contract administration support for operating the Charles E. Meyer Desalination Plant.

15. Subject: Measure C Annual Accountability Report Fiscal Year (FY) 2022 (210.01)
Recommendation: That Council accept the Measure C Annual Accountability Report for the Fiscal Year Ended June 30, 2022.

16. Subject: October 2022 Investment Report (260.02)
Recommendation: That Council accept the October 2022 Investment Report.

17. Subject: Funding Recommendations for Community Arts, Organizational Development, and Events and Festivals Cultural Arts Grants (610.03) Recommendation: That Council review and approve the City of Santa Barbara Arts Advisory Committee and Community Events and Festivals Committee grant funding recommendations for Fiscal Year 2022-2023.
12/06/2022 Santa Barbara City Council Final Agenda Page 7

18. Subject: Sole Source Purchasing Request for Downtown Parking Revenue Control Equipment, Maintenance Services, Replacement Parts, and Payment Processing (550.01)
Recommendation: That Council:

A. Waive compliance with the formal bidding procedure pursuant to Santa Barbara Municipal Code section 4.52.070(K) and authorize the sole source purchase of SKIDATA Group parking revenue control equipment and replacement parts from SKIDATA Group for a period of five years; and B. Authorize five consecutive yearly purchase orders with SKIDATA Group to provide equipment maintenance services, payment processing, and spare parts for the five-year period at an annual cost of $139,000.

19. Subject: Set a Date for Public Hearing Regarding Parks and Recreation Commission's Rejection of Tree Removal (570.08)
Recommendation: That Council:

A. Set the date of January 31, 2023, at 2:00 p.m., for hearing the appeal filed by Allie and Chris Joyce of the Parks and Recreation Commission's rejection of tree removal; and
B. Set the date of January 30, 2023, at 1:30 p.m., for a site visit to the property located at 2131 Red Rose Way.

This concludes the Consent Calendar.

REPORT FROM THE FINANCE COMMITTEE

REPORT FROM THE ORDINANCE COMMITTEE

CITY COUNCIL ADMINISTRATIVE AND ATTORNEY REPORTS
12/06/2022 Santa Barbara City Council Final Agenda Page 8

FINANCE DEPARTMENT

20. Subject: Appropriate Fiscal Year 2022 Preliminary General Fund Operating Surplus and Adopt Reserve Policy [Resolutions] (210.01) Recommendation: That Council:

A. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 22-059, Adopting the Budget for Fiscal Year 2023, for Appropriating the Preliminary Fiscal Year 2022 General Fund Operating Surplus; and
B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Establishing Policies for Reserves for the City's General Fund, Enterprise Funds, and Internal Service Funds, and Amending Resolution No. 12-066 and Rescinding Resolution No. 18-056.

MAYOR AND COUNCIL REPORTS

21. Subject: Interviews for Fire and Police Commission (140.05) Recommendation: That Council hold interviews of applicants to the Fire and Police Commission.

22. Subject: Appointments to City Advisory Groups (140.05) Recommendation: That Council make appointments to the City’s Advisory Groups, not including Fire and Police Commission.

COUNCIL AND STAFF COMMUNICATIONS

COUNCILMEMBER COMMITTEE ASSIGNMENT REPORTS

PUBLIC COMMENT (IF NECESSARY)

ADJOURNMENT

CITY OF SANTA BARBARA

FINANCE COMMITTEE MEETING

MEETING AGENDA
DATE: December 6, 2022 Eric Friedman, Chair
TIME: 12:30 PM Alejandra Gutierrez
PLACE: David Gebhard Public Meeting Room Meagan Harmon
630 Garden Street
Rebecca Bjork Keith DeMartini
City Administrator Finance Director
Members of the public may participate in person or via Zoom. Zoom instructions are below.  Web: (Participation via Zoom)
Register in advance for this webinar:
https://santabarbaraca-gov.zoom.us/webinar/register/WN_tdZO9LjeRNGcGo-t_IfbtQ Webinar ID: 829 7107 5993
Passcode: 413950
After registering, you will receive a confirmation email containing information about joining the webinar.
 Telephone: Dial 1-669-900-6833, Enter Webinar ID: 829 7107 5993 (press *9 to raise/lower hand; press *6 to mute/unmute) REMOTE PUBLIC COMMENT: Members of the public wishing to speak must “raise their hand” in the Zoom platform by selecting the virtual hand icon when their item is called. The keyboard shortcut for this is Alt+Y for Windows and Option+Y for Macs. City staff will activate the speaker’s microphone when the speaker’s name is called. The speaker will then need to unmute themselves. They keyboard shortcut for this is Alt+M for Windows or Command-Shift-A for Macs.

For those who need accessibility accommodation in using the “raise hand” function and/or registering to participate in the Zoom session, please contact the Finance Department by 5:00 p.m. the day before the meeting for assistance. Additionally, a speaker may email [email protected] by 5:00 p.m. the day before a meeting, stating the item on which they wish to speak.

ITEM FOR CONSIDERATION:

Subject: Proposed State Street Outdoor Business Facility Charge Recommendation: That Finance Committee consider and recommend an Outdoor Business Facility Charge for use of the public right-of-way on the State Street Promenade, including the 400 and 1300 blocks of State Street, for City Council consideration.

File Code No. 120.03

CITY OF SANTA BARBARA

FINANCE COMMITTEE AGENDA REPORT
AGENDA DATE: December 6, 2022
TO: Finance Committee
FROM: Downtown Team Division, Public Works Department
SUBJECT: Proposed State Street Outdoor Business Facility Charge RECOMMENDATION:

That Finance Committee consider and recommend an Outdoor Business Facility Charge for use of the public right-of-way on the State Street Promenade, including the 400 and 1300 blocks of State Street, for City Council consideration.

BACKGROUND:

On September 20, 2022, City Council took a number of actions regarding interim operations on State Street. One of those actions was directing City of Santa Barbara (City) staff to present rate options for businesses using the public right-of-way on the State Street Promenade to the Finance Committee for consideration before returning to City Council for approval of a rate structure for outdoor business facilities on State Street.

DISCUSSION:

Over the course of the past year, the State Street Interim Operations Ad Hoc Subcommittee (Subcommittee) met and engaged with community stakeholders on a wide variety of State Street interim operation topics. The Subcommittee and City staff heard from businesses and the community that the City should charge a rate for commercial activities operating in the public right-of-way. Rates would be charged on a per square foot basis at a level sufficient to generate enough revenue to pay for costs associated with ongoing maintenance of the State Street Promenade, including the 400 and 1300 blocks of State Street.

Promenade-related expenditures in Fiscal Year 2023 are estimated to be approximately $600,000, including daily, weekly, and monthly cleaning, as well as quarterly deep cleaning, staffing, contracting, and equipment. For the current fiscal year, the Downtown Parking Operating Fund, along with $300,000 from the one-time American Rescue Plan Act funds, is paying all costs associated with the State Street Promenade, including the 400 and 1300 blocks of State Street. Noting the current rate of inflation and impacts on costs and services, and the need for additional equipment, expenditures for Fiscal Year 2024 are expected to be approximately $675,000. This could include the cost associated Agenda Item No. 1
File Code No. 530.01
Finance Committee Agenda Report
Proposed State Street Outdoor Business Facility Charge
December 6, 2022

Page 2 ends

with employing a half-time code compliance officer, or similar, to provide regular enforcement of ADA requirements and, if needed, design requirements throughout the State Street Promenade, including the 400 and 1300 blocks of State Street and citywide parklets. As of now, only ADA requirements are enforced on outdoor dining facilities and parklets.

Rate Structure Option: Uniform Charge per Square Foot
In developing rate options, City staff continue to account for various attrition rates, understanding that several of the roughly 45 businesses with in-street outdoor business facilities will likely opt out of the program or reduce the size of their outdoor business facility. Currently, approximately 14,000 square feet of public right-of-way is used for instreet outdoor business facilities, with approximately 9,500 square feet representing space immediately in front of businesses and an additional 4,500 square feet reaching beyond business frontages. Assuming an overall attrition rate of 25 percent, the estimated total of remaining in-street outdoor business facilities would be approximately 7,125 square feet of frontage space and 3,375 square feet of additional space. The proposed rate presented to City Council on September 20, 2022, was a graduated rate based on square footage starting at $5.00 per square foot per month.

Businesses that expand beyond the width of their business frontage (property line) should be subject to a higher rate for use of the additional public space, as well as receive formal approval from the adjacent tenant(s) and property owner(s). City staff recommended a graduated rate for the use of space beyond a business’ frontage as follows:

Proposed Rate: $5.00 per square foot for all space within property frontage (from one to 100 percent)
 Estimated Monthly Revenue: $35,625 ($5.00 per square foot x 7,125 square feet).  Estimated Annual Revenue: $427,500.

Proposed Rates for Additional Space Beyond Business Frontage:
 From >100 to 200 percent beyond the primary frontage: $7.50 per square foot  From >200 percent and beyond the primary frontage: $10.00 per square foot o Estimated Monthly Revenue: $25,300 ($7.50 per square foot x 3,375 square feet).
o Estimated Annual Revenue: $303,750.

The combined annual total at a graduated rate starting at $5.00 per square foot is estimated to be $731,250 per year.

Finance Committee Agenda Report
Proposed State Street Outdoor Business Facility Charge
December 6, 2022

Page 3 ends

Additional rate options using a strictly per square foot basis including the resulting monthly and annual revenue estimates can be found in the two charts below:

At 75% of current total square footage (sq. ft.)
Sq. Ft. of Frontage Revenue $5 per sq. ft. $4.50 per
sq. ft
$4 per sq. ft.
7,125 Monthly Revenue $35,625 $32,063 $28,500
Annual Revenue $427,500 $384,750 $342,000
Additional Space Revenue $7.50 per sq.
ft.
$6.75 per
sq. ft.
$6.00 per sq.
ft.
3,375 Monthly Revenue $25,313 $22,781 $20,250
Annual Revenue $303,750 $273,375 $243,000
Total Annual Revenue $731,250 $658,125 $585,000
At 75% of current total square footage (sq. ft.)
Sq. Ft. of Frontage Revenue $3.50 per sq. ft $3 per sq. ft. 7,125 Monthly Revenue $24,938 $21,375
Annual Revenue $299,250 $256,500
Additional Space Revenue $5.25 per sq. ft. $4.50 per sq. ft. 3,375 Monthly Revenue $17,719 $15,188
Annual Revenue $212,625 $182,250
Total Annual Revenue $511,875 $438,750
Rate Structure Option: Variable Fees Based on Facility Design At the September 20, 2022, meeting, Council members mentioned possible rate structures based on the block on which businesses are located (different blocks pay different rates), the type of business (restaurant, brewery, coffee house, etc.), and annual revenue generated based on business tax returns. Noting the many complications involved with pursuing some of the various rate options and the desire to provide a business environment that encourages businesses to include outdoor business facilities as part of their business model, City staff developed a rate option based on the type of outdoor facility the business decides to develop. This model provides each individual business the opportunity to develop the outdoor business facility based on their particular needs.

The rate option presented below is based on the type of facility used by the business. The rates are graduated and provide lower price points for outdoor business facilities that are portable and at-grade, meaning they do not have a platform. A portable facility is one that can be completely removed from the street with 24 hours’ notice without the use of mechanized equipment. Portability allows for more regular cleaning by the business as well as through the City’s quarterly deep cleaning program. The more complex or permanent the structure, the higher the associated per square foot rate. The following Finance Committee Agenda Report
Proposed State Street Outdoor Business Facility Charge
December 6, 2022

Page 4 ends

tables represent a proposed rate option for consideration by the Finance Committee that is based on the type of structure being used by the business:

Standard Rate (not portable, platform, roof)
$5.00 per square foot up to 100%
$7.50 per square foot 100-200%
$10.00 per square foot 200%+
Rate for No Roof (not portable, with platform)
$4.50 per square foot up to 100%
$6.75 per square foot 100-200%
$9.00 per square foot 200%+
Rate for Portable (with platform, no roof)
$4.00 per square foot up to 100%
$6.00 per square foot 100-200%
$8.00 per square foot 200%+
Rate for On Grade (portable, no platform, no roof)
$3.00 per square foot up to 100%
$4.50 per square foot 100-200%
$6.00 per square foot 200%+
Based on this rate structure and a review of the various structures currently on the State Street Promenade, the estimated annual revenue is approximately $610,000. In addition to the estimated additional revenue generated from outdoor business facilities located on the 400 and 1300 blocks of State Street, City staff anticipates estimated revenues to be approximately $650,000, which is nearly enough to cover the estimated costs associated with maintenance and operation of the State Street Promenade and the 400 and 1300 blocks of State Street.

BUDGET/FINANCIAL INFORMATION:

Proposed rates would be charged on a per square foot per month basis at a level sufficient to generate enough revenue to pay for costs associated with ongoing maintenance of the State Street Promenade, including the 400 and 1300 blocks of State Street. Expenditures are estimated to be approximately $600,000 in Fiscal Year 2023 and approximately $675,000 in Fiscal Year 2024, including daily, weekly, and monthly cleaning, as well as quarterly deep cleaning, staffing, contracting, and equipment. For the current fiscal year (Fiscal Year 2023), the Downtown Parking Operating Fund, along with one-time American Rescue Plan Act funds of approximately $300,000, is paying all costs associated with the State Street Promenade, including the 400 and 1300 blocks of State Street. Once Council approves of the charge, it will be added to the City’s master fee schedule. The revenue Finance Committee Agenda Report
Proposed State Street Outdoor Business Facility Charge
December 6, 2022

Page 5 ends

generated from the charge will be recorded and budgeted in the Downtown Parking Operating Fund in FY2023 and in future fiscal years.

PREPARED BY: Brian J. Bosse, Downtown Team Manager/nv
SUBMITTED BY: Clifford M. Maurer, P.E., Public Works Director APPROVED BY: City Administrator’s Office

CITY OF SANTA BARBARA

ORDINANCE COMMITTEE MEETING

MEETING AGENDA
DATE: December 6, 2022 Kristen W. Sneddon, Chair
TIME: 12:30 p.m. Oscar Gutierrez
PLACE: Council Chambers Mike Jordan
Office of the City Office of the City
Administrator Attorney
Nicole Grisanti Sarah J. Knecht
Supervisor, City Administrator’s Office Acting City Attorney PUBLIC COMMENT: Members of the public wishing to speak must “raise their hand” in the Zoom platform by selecting the virtual hand icon when their item is called. When persons are called on to speak, their microphone will be activated by City staff and the speaker will be notified that they can now unmute themselves in order to begin speaking. The speaker will then need to unmute themselves by selecting the ‘mute/unmute’ icon or pressing Option+Y for MAC users or Alt+Y for Windows users on their keyboard.

For those who need accessibility accommodation in using the “raise hand” function and/or registering to participate in the ZOOM session, please contact the City Administrator’s Office by 5:00 p.m. the day before the meeting for assistance. Additionally, a speaker may email [email protected] by 5:00 p.m. the day before a meeting, stating the item on which they wish to speak.

Please click the link below to join the webinar:
https://santabarbaracagov.zoom.us/j/83226919770?pwd=NG5hcEk3WVU5Q2dZMXlFbEQvdVVCdz09 Passcode: 883385
Or One tap mobile :

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Webinar ID: 832 2691 9770
International numbers available: https://santabarbaraca-gov.zoom.us/u/kehyeiVCtF File Code No. 120.03
Ordinance Committee Agenda
December 6, 2022

Page 2 ends

ITEM FOR CONSIDERATION
SUBJECT: Zoning Ordinance Amendments for Accessory Dwelling Units RECOMMEDATION: That the Ordinance Committee consider and recommend that City Council adopt amendments to the Inland Zoning Ordinance (Santa Barbara Municipal Code Title 30) and Coastal Zoning Ordinance (Santa Barbara Municipal Code Title 28) for Accessory Dwelling Units.

CITY OF SANTA BARBARA

ORDINANCE COMMITTEE REPORT
AGENDA DATE: December 6, 2022
TO: Ordinance Committee
FROM: Planning Division, Community Development Department SUBJECT: Zoning Ordinance Amendments for Accessory Dwelling Units RECOMMENDATION:

That Ordinance Committee consider and recommend that City Council adopt amendments to the Inland Zoning Ordinance (Santa Barbara Municipal Code Title 30) and Coastal Zoning Ordinance (Santa Barbara Municipal Code Title 28) for Accessory Dwelling Units.

EXECUTIVE SUMMARY:

New state legislation intended to increase production of Accessory Dwelling Units (ADUs) necessitates updating the City’s zoning regulations. Assembly Bill (AB) 2221 and Senate Bill (SB) 897, which both take effect on January 1, 2023, include numerous changes to the state ADU laws. The changes proposed by the new state laws include an increase to the maximum building height limit and a number of technical changes intended to make ADUs easier to build.

In addition to amendments required for compliance with State Law, staff is recommending several changes to further facilitate production of ADUs, consistent with the City’s Draft 2023–2031 Housing Element program recommendations regarding conversion of commercial portions of mixed-use buildings to ADUs and construction of two ADUs (double-ADUs) on existing multi-unit properties.

DISCUSSION:

Amendments are proposed for both the Inland Zoning Ordinance and Coastal Zoning Ordinance.1 After adoption by City Council, the Title 28 amendments would be submitted to the California Coastal Commission as a stand-alone Local Coastal Program amendment.
1 Title 30 Section 30.185.040 Accessory Dwelling Units (Attachment 3), and the Coastal Zoning Ordinance, Title 28 Chapter 28.86 Accessory Dwelling Units (Attachment 4).

Agenda Item No. 1
File Code No. 640.09
Ordinance Committee Report
Zoning Ordinance Amendments for Accessory Dwelling Units December 6, 2022

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The proposed amendments fall into three categories:
 Local Standards. New or changed content intended to facilitate the production of ADUs and consistent with the City’s Draft 2023–2031 Housing Element.

These changes are discussed below and summarized in Table 1.  State Requirements. New or changed content necessitated by Senate Bill (SB) 897 and Assembly Bill (AB) 2221, effective January 1, 2023. Please refer to Attachment 2.
 Clean-Up Items. Minor changes to wording, formatting, or location within the Ordinance for clarification. May include minor content change for ease of use, provided that changes maintain the intent of the previously adopted ordinances.

Please refer to Attachment 1.

The Planning Commission reviewed the proposed amendments on November 17, 2022, and forwarded a recommendation to City Council for adoption.

The discussion in this report focuses on the proposed amendments to the local standards with new or changed content, and on the state requirements that amend the maximum height for ADUs. All of the other changes are considered minor and are discussed in the attachments included with this report.

Types of Accessory Dwelling Units Allowed
The City allows three different types of ADUs: Standard ADUs, Special ADUs, and Junior ADUs. An ADU is defined as an attached or a detached residential unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residential unit. ADUs are allowed in any zone that allows residential use on a lot developed or proposed to be developed with one or more residential unit(s). Current standards for each category of ADU is provided below.

Standard ADUs:
 Only one ADU allowed per lot
 May be attached to, or located within, the proposed or existing primary unit, including attached garages, or an accessory structure
 850 to 1,200 square-feet, if detached
 Maximum 50 percent of existing primary unit floor area, if attached  Height must match existing height, or 17 feet, whichever is greater. In some cases, up to 30 feet in height is allowed if constructed over a garage.

Special ADUs:
 One or more may be allowed on a lot
 Must be a new or detached unit or conversion of existing floor area  Maximum 800 square-feet, if detached
Ordinance Committee Report
Zoning Ordinance Amendments for Accessory Dwelling Units December 6, 2022

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 Maximum height is 16 feet
 On single-unit lots, one detached new unit, plus one JADU is allowed  On multi-unit lots, may convert non-livable areas up to 25% of existing units; or two detached ADUs.
 Only one ADU allowed on lots within the Extreme Foothill and Foothill High Fire Areas
Junior ADUs:
 A unit within the walls of an existing or proposed home  500 square-foot maximum
 Owner Occupied
 Own or share a bathroom
 Exterior entrance
Recommendation of Local Standards Changes
A summary of amendments proposed to local standards is included below in Table 1.

State Law (Gov. Code, §65852.2) allows local jurisdictions to impose certain standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, and maximum size of a unit. Although the majority of the City’s ADU regulations are mandated by State Law, City staff included for discussion some local standards that are unique to our community. The proposed amendments to local standards are informed from five years of reviewing permit applications for ADUs and staff observations of minor improvements intended to help remove barriers to ADU construction and development.

Open Yard Reduction. The current ADU Ordinance allows an ADU to encroach into the minimum open yard area for single-unit and two-unit residential development. The ordinance allows this same open yard reduction for an ADU built over a new 500-squarefoot garage.

Staff has received requests from ADU applicants for an additional open yard reduction for a small utility area that serves the primary residence. However, if there is not enough open yard area, the only way to accommodate a small utility area is through a zoning modification. Staff proposes allowing a small 150-square-foot addition to encroach into the open yard area, along with a new ADU built over a two-car garage, to reduce the number of projects that need to request a zoning modification.

Greater Flexibility for Double-ADUs. Under the current rules, if the owner of a multi-unit development wants to build two new ADUs, the double-ADU must either be new construction, or the lot must be currently developed with eight existing dwelling units. This is because the law only allows 25 percent of the existing number of units to be converted from existing floor area. Staff is recommending an amendment to the local standards for a double-ADU to allow up to two ADUs—instead of one—to be converted from existing Ordinance Committee Report
Zoning Ordinance Amendments for Accessory Dwelling Units December 6, 2022

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floor area. This will facilitate the conversion of an existing garage or basement to two ADUs rather than requiring the garage be demolished to build new construction.

Convert Upper-Floor Commercial Areas to ADUs. State law allows residential floor area to be converted to ADUs—but it does not allow commercial floor area such as retail or office to be converted. Amendments to the City’s local ordinance would allow upper-floor commercial spaces to be converted to ADUs and provide more flexibility and adaptive reuse of existing buildings. Allowing upper-floor commercial spaces to be converted to ADUs promotes mixed-use development while providing more flexibility and the adaptive reuse of existing buildings. Staff recommends only the upper-floor areas, not the ground floor commercial spaces, be allowed to convert to an ADU to support and maintain mixeduse development along commercial corridors and activation on the street.

LOCAL STANDARDS
Open Yard Reduction for ADU Over Detached Garage – Revised the open yard encroachments to allow an additional 150-square-foot area for a staircase or laundry/storage.

Converted Non-Livable Space – Allows up to two – rather than just one – special ADUs on lots with existing multi-unit development to be converted from existing nonlivable floor area (garage, basement etc.).

Configuration – Two-Unit, Multi-Unit or Mixed-Use Lots – Allows existing upperfloor commercial floor area in a mixed-use development – rather than just floor area of an existing residential structure – to be converted to one or more special ADUs.

Maximum Height and Bedrooms – In response to the state-mandated height increase from 16 feet to 18 feet, newly constructed special ADUs may not exceed two bedrooms and a maximum of one story.

Summary of ADU Building Height Changes
A significant change made to the state ADU law pertains to maximum building height. The City’s current ADU height regulations are less restrictive than state law for standard ADUs, and are the same as state law for special ADUs. The City’s proposed amendments attempt to balance the concerns of the community to ensure ADUs are compatible with existing residential development while incorporating the state-mandated changes intended to facilitate new housing construction.

Local agencies must allow ADUs taller than 16 feet in the following circumstances:
 If located within a half-mile of a major transit stop or high-quality transit corridor, a detached ADU on a lot with a single-unit or multi-unit dwelling may be up to 18 feet in height by right, and up to two feet taller (for a maximum of 20 feet) if necessary to match the roof pitch to the main house.
 If a detached ADU is on a lot with an existing or proposed multistory, multi-unit dwelling, the ADU may be up to 18 feet in height (again, by right), regardless of how close it is to transit.

Ordinance Committee Report
Zoning Ordinance Amendments for Accessory Dwelling Units December 6, 2022

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 An attached ADU may be up to 25 feet in height or as tall as the primary dwelling, whichever is lower; however, a city may still limit the ADU to two stories.

Staff recommends increasing the maximum height for a standard detached ADU from 17 to 18 feet and for a special detached ADU from 16 to 18 feet to be consistent with state law. Allowing an 18-foot height maximum for standard and special ADUs regardless of the ADU’s proximity to a major transit stop or high-quality transit corridor, or location on a lot developed with a multi-unit development, creates a uniform measure that is easier to implement and understand. Since a significant portion of the City is located within a half-mile of a major transit stop or high-quality transit corridor, staff recommends the height increase be applied citywide.

Due to the state-mandated height increase from 16 feet to 18 feet, staff also recommends not allowing newly constructed special ADUs to exceed two bedrooms and a maximum of one story citywide. This recommendation is made to limit the density/intensity of ADUs in fire prone neighborhoods whose residents often must evacuate on narrow, winding roads in emergencies.

The proposed amendments to ADU building height are shown in Table 2 below. The changes from existing are shown as underlined text.

Table 2: Amendments to ADU Building Height

CURRENT HEIGHT PROPOSED HEIGHT
Standard ADU Standard ADU
The greater of:
 Height of the primary residential unit;
or
 Number of stories of the primary
residential unit; or
 17 feet; or
 If ADU is over a garage—maximum
height or number of stories allowed in
the zone; or
 With discretionary approval—
maximum height or number of stories
allowed in the zone
The greater of:
 Height of the primary residential
unit; or
 Number of stories of the primary
residential unit; or
 18 feet; with an additional two feet
in height if necessary to match the
roof pitch and height of the
primary residential unit; or
 25 feet for an attached unit; or
 If the ADU is over a garage—
maximum height or number of
stories allowed in the zone; or
 With discretionary approval—
maximum height or number of
stories allowed in the zone
Special ADU Special ADU
 16 feet  18 feet; with an additional two feet
in height if necessary to match the
Ordinance Committee Report
Zoning Ordinance Amendments for Accessory Dwelling Units December 6, 2022

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roof pitch and height of the
primary residential unit; and
maximum one-story
NEXT STEPS:

Following Ordinance Committee review of the draft ADU ordinance amendments and associated recommendation to City Council, Title 30 and Title 28 amendments will be presented to City Council for introduction and adoption. The Title 30 amendments are effective 30 days after adoption. For applicants who have submitted an ADU application but have not yet been issued a building permit by the effective date of the new ordinance, staff recommends a 60-day time limit from the effective date of the new ordinance for applicants to choose to either continue ADU application review under state law regulations or to apply the new regulations.

The Title 28 amendments are not effective until after certification by the California Coastal Commission (CCC). Following adoption, Title 28 amendments will be submitted as a Local Coastal Program Amendment to the CCC. The CCC staff will review the submittal and determine if it is a minor (de minimis) amendment or requires a public hearing. As required by state law, the adopted Title 30 and Title 28 amendments will also be submitted to the Department of Housing and Community Development for review within 60 days after adoption.

ENVIRONMENTAL REVIEW:

Under California Public Resources Code Section 21080.17, the California Environmental Quality Act (CEQA) does not apply to the adoption of an ordinance by a city or county implementing the provisions of Section 65252.2 and 65852.22 of the Government Code, which is the state Accessory Dwelling Unit law.

ATTACHMENTS: 1. Proposed Title 30 and Title 28 Clean-Up Items

2. Proposed Title 30 and Title 28 State Requirements

3. Proposed Amendments to SBMC Title 30 Related to Accessory Dwelling Units

4. Proposed Amendments to SBMC Title 28 Related to Accessory Dwelling Units
PREPARED BY: Jillian Ferguson, Assistant Planner
SUBMITTED BY: Elias Isaacson, Community Development Director APPROVED BY: City Administrator’s Office
ATTACHMENT 1
Summary of Accessory Dwelling Unit (ADU) Ordinance Amendments

CLEAN-UP ITEMS
High Fire - Corrected terminology for High Fire Hazard
Areas.

Throughout
Parking Terminology - Unified garage and parking
terminology.

Throughout
Rental Terms - Clarifies that rental terms (30+ days)
applies to both primary and accessory units
SBMC §30.185.040.D.4 /
§28.86.035.D
Coastal Discretionary Approval - Removed reference
to “ministerial approval” in the Coastal Zone because
most ADUs require discretionary approval of a Coastal
Development Permit per updated guidance from Coastal
Commission.

Inland N/A / SBMC
§28.86.080.A.3
Residential Elements - Deleted “fire-rated door” – not
required on JADUs
SBMC §30.185.040.F.4 /
§28.86.050.C
Unit Configuration - Designates the primary residential unit when there are multiple units or attached units
SBMC §30.185.040.C & K /
§28.86.030.C.2 & §28.86.085
High Fire Hazard Area Parking - Simplified parking
exemption for studio units – replaces the ambiguous
statement “one per unit or bedroom, whichever is less”
SBMC §30.185.040.K.5 /
Coastal Zone N/A
Development Standards for Special ADUs - Corrected
error to allow both newly constructed and converted
detached special ADUs to be combined with JADUs
SBMC §30.185.040.L.2.d /
§28.86.090.B.4
Change in Occupancy - Clarifies Certificate of
Occupancy/Final Inspection may not occur on ADU
until after Certificate of Occupancy/Final Inspection for primary unit occurs
SBMC §30.185.040.M.4.b /
§28.86.100.E.2
ATTACHMENT 2
Summary of Accessory Dwelling Unit (ADU) Ordinance Amendments

STATE REQUIREMENTS
Building Permit Required - Building permit
clarifications: ADU not considered a change in
occupancy; City must provide written corrections when
an ADU application is disapproved; limits the City from disapproving an ADU due to unrelated pre-existing
violations.

SBMC §30.185.040.M.1 & 2
& 3 / §28.86.100.B & C & D
Fire Sprinklers - The construction of an ADU does not
require fire sprinklers in the primary residential unit.

SBMC §30.185.040.F.4 /
§28.86.050.D
Maximum Height - Building height maximum altered
from 16 feet (special ADUs) and 17 feet (standard
ADUs) to 18 feet.

SBMC §30.185.040.H.7 /
§28.86.060.G and throughout.

See Table 2 in staff report for
clarification on height
changes.

Development Standards - Revised the “state-exempt”
ADU description to eliminate the 16-foot height
maximum and allow front setback reductions.

SBMC §30.185.040.G.1.d &
§30.185.040.L.6/
§28.86.055.A.4 &
§28.86.090.F
Objective Design Standards - Clarified language
regarding screening and design style to be objective.

SBMC §30.185.040.H.8 & 9/
§28.86.060.H & I
Combined Permits - Allows a demolition permit for a
garage to be combined with a permit for a new ADU.

SBMC §30.185.040.M.4/
§28.86.100.E.1
Posted Sign - Eliminates a “posted sign” requirement
for the demolition of a detached garage that is to be
replaced with an ADU, unless the property is located
within an architecturally and historically significant
historic district.

SBMC §30.185.040.M.6/
§28.86.100.G.4
ATTACHMENT 3
SBMC 30.185.040

STAFF DRAFT SHOWING CHANGES

FROM CURRENT CODE DATE
1 AN ORDINANCE OF THE COUNCIL OF THE CITY OF

SANTA BARBARA AMENDING THE SANTA BARBARA
MUNICIPAL CODE BY AMENDING SECTION 30.185.040,

PERTAINING TO REGULATIONS FOR ACCESSORY

DWELLING UNITS

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

SECTION 1. Section 30.185.040 of Chapter 30.185 of Title 30 of the Santa Barbara Municipal Code is amended to read as follows:

30.185.040 Accessory Dwelling Units.

Accessory dwelling units and junior accessory dwelling units shall be located, developed, and occupied subject to the following provisions:

A. Purpose. The purpose of this Section is to:

1. Expand opportunities in the City to create additional housing to suit the spectrum of individual lifestyles and space needs, allow more efficient use of existing housing stock and public infrastructure, and provide a range of housing opportunities.

2. Allow accessory dwelling units or junior accessory dwelling units as an accessory use to a primary residential unit, consistent with California Government Code Section 65852.2 or 65852.22, as applicable.

3. Promote accessory dwelling units or junior accessory dwelling units with high-quality designs that are compatible with the surrounding neighborhood, historic resources, and historic districts; preserve the City’s visual resources; promote long-term sustainability; and contribute to a desirable living environment.

B. Definitions. For the purposes of this Section, the following words and phrases shall have the following meanings:

ATTACHMENT 3
SBMC 30.185.040

STAFF DRAFT SHOWING CHANGES

FROM CURRENT CODE DATE
2 1. Accessory Dwelling Unit. An attached or a detached residential unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residential unit. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation and be located on the same parcel that the primary residential unit is or will be situated. The following categories of accessory dwelling units are subject to specific development standards:
a. Special Accessory Dwelling Unit. These are specific types of smaller accessory dwelling units and junior accessory dwelling units with certain size, height, and setback standards described in subsection L, Development Standards for Special Accessory Dwelling Units. Special accessory dwelling units allow for more than one accessory dwelling unit on a lot.
b. Standard Accessory Dwelling Unit. These are typically larger accessory dwelling units with size, height, and setback standards generally described in subsection G, Development Standards for Standard Accessory Dwelling Units. Standard accessory dwelling units do not allow for more than one accessory dwelling unit on a lot.

An accessory dwelling unit also includes the following:
a. An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code.
b. A manufactured home, as defined in Section 18007 of
the Health and Safety Code.

2. Efficiency Kitchen. A kitchen that includes at a minimum:
a. Appliances for cooking food and refrigeration, either built-in or countertop.
b. A sink for food preparation greater than 12 inches by 12 inches, excluding the sink located in the bathroom.
c. A food preparation counter.

ATTACHMENT 3
SBMC 30.185.040

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FROM CURRENT CODE DATE
3 3. Existing Floor Area. A legally permitted building constructed on the site with a final inspection or certificate of occupancy as of the date of application submittal, that conforms to current zoning standards or is legal nonconforming as to current zoning standards.

4. Junior Accessory Dwelling Unit. A unit that is no more than 500 square feet in size and contained entirely within the structure of an existing or proposed single residential unit. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing or proposed single residential unit and includes an efficiency kitchen.

5. Passageway. A pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.

6. Primary Residential Unit. The existing or proposed residential unit on a lot on which an accessory dwelling unit or junior accessory dwelling unit is permitted.

The primary residential unit shall comprise one of the residential housing types described in Section 30.295.020.A (i.e., single-unit residential, two-unit residential, multi-unit residential) or mixed-use development.

7. Principal Place of Residence. The residence where a property owner actually lives for the greater part of time, or the place where the property owner remains when not called elsewhere for some special or temporary purpose and to which the property owner returns frequently and periodically, as from work or vacation. There may be only one “principal place of residence,” and where more than one residence is maintained or owned, the burden shall be on the property owner to show that the primary residential unit, or accessory dwelling unit, or junior accessory dwelling unit is the property owner’s principal place of residence as evidenced by qualifying for the homeowner’s tax exemption, voter registration, vehicle registration, or similar methods that demonstrate owner-occupancy. If multiple persons own the property as tenants in common or some other form of common ownership, a person or persons representing at least 50% of the ownership interest in the property shall reside on the property and maintain the property as a principal place of residence. Any person or persons who qualify for the homeowner’s ATTACHMENT 3
SBMC 30.185.040

STAFF DRAFT SHOWING CHANGES

FROM CURRENT CODE DATE
4 tax exemption under the California State Board of Equalization rules, may qualify as an owner occupant.

C. Where Permitted.

1. Accessory Dwelling Unit. An accessory dwelling unit may be permitted in any zone that allows residential use, located on a lot developed or proposed to be developed with one or more residential units, except as prohibited below.

2. Junior Accessory Dwelling Unit. A junior accessory dwelling unit may be permitted in any zone that allows residential use and shall be located on a lot developed with an existing or proposed single residential unit.

3. Prohibited Locations. No standard accessory dwelling unit shall be permitted on a lot located within the Foothill or Extreme Foothill High Fire Hazard Areas (Very High Fire Hazard Severity Zone) (Extreme Foothill and Foothill), or as may be subsequently retitled in the future as the “Very High Fire Hazard Severity Zone,” as defined in the City’s Community Wildfire Protection Plan adopted by City Council. a. Exception for Special Accessory Dwelling Units. Accessory dwelling units permitted in accordance with all the configuration, standards, and special procedures outlined in subsection L. Development Standards for Special Accessory Dwelling Units, may be permitted on any lot, including lots located within any the Foothill or Extreme Foothill High Fire Hazard Areas (Very High Fire Hazard Severity Zone) (Extreme Foothill and Foothill), or as may be subsequently retitled in the future as the “Very High Fire Hazard Severity Zone,” as defined in the City’s Community Wildfire Protection Plan adopted by City Council, if the lot is zoned to allow for residential use and contains an existing or proposed primary residential unit.

D. Unit Configuration.

1. Only one accessory dwelling unit or junior accessory dwelling unit shall be permitted on a lot in addition to the primary residential unit in the configuration set forth in subsections D.2 and 3, below. However, multiple accessory units may be permitted in ATTACHMENT 3
SBMC 30.185.040

STAFF DRAFT SHOWING CHANGES

FROM CURRENT CODE DATE
5 accordance with all the configuration, standards, and special procedures outlined in subsection L, Development Standards for Special Accessory Dwelling Units.

2. An accessory dwelling unit may be permitted in the following configurations:
a. Incorporated entirely within an existing or proposed primary residential unit;
b. Incorporated entirely within an existing accessory building, including garages, located on the same lot as the primary residential unit; c. Attached to or increasing the size of an existing primary residential unit or accessory building located on the same lot as the primary residential unit; or
d. Detached from and located on the same lot as the existing or proposed primary residential unit. An accessory dwelling unit that is attached to another detached accessory building, but not the primary residential unit, or is attached by a breezeway or porch, is considered detached.

3. A junior accessory dwelling unit must be incorporated entirely within the existing floor area of an existing or proposed single residential unit or attached garage.

4. One primary residential unit shall be designated and maintained on a lot on which an accessory dwelling unit or junior accessory dwelling unit is permitted. In the case when multiple residential units are existing or proposed on a lot, there shall be only one primary residential unit. When an accessory dwelling unit is to be attached to a residential unit, the residential unit the accessory dwelling unit is attached to shall be the designated primary residential unit.

E. Sale, Rental, and Occupancy Terms. All accessory dwelling units and junior accessory dwelling units shall be subject to the following sale, rental, and occupancy terms:

ATTACHMENT 3
SBMC 30.185.040

STAFF DRAFT SHOWING CHANGES

FROM CURRENT CODE DATE
6 1. Not to Be Sold Separately. An accessory dwelling unit or junior accessory dwelling unit shall not be sold separately from the primary residential unit.

2. Rental Terms. The accessory dwelling unit or junior accessory dwelling unit may be rented separately from the primary residential unit; however, If rented, rental terms for the primary residential unit, accessory dwelling unit, or junior accessory dwelling unit shall not be less than 31 consecutive days, nor shall rental terms allow termination of the tenancy prior to the expiration of at least one 31-day period occupancy by the same tenant.

3. Owner Occupancy. The following types of projects are subject to an owner occupancy requirement:
a. All lots developed with junior accessory dwelling units; except that owner occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.
b. Any accessory dwelling unit located in an RS zone submitted on or after January 1, 2025, unless otherwise prohibited by State law, or upon repeal of Government Code Section 65852.2 (a)(6 8)(B) removing the state-imposed prohibition of an owner occupancy requirement, whichever occurs first.

4. Owner’s Unit. If owner occupancy is required, the property owner shall reside in and maintain either the primary residential unit or the accessory dwelling unit/junior accessory dwelling unit, as the property owner’s principal place of residence (“owner’s unit”). Owners of lots developed with an accessory dwelling unit/junior accessory dwelling unit shall live on the lot as long as the lot is developed with an accessory dwelling unit/junior accessory dwelling unit. Owners may re-designate the primary residential unit or the accessory dwelling unit/junior accessory dwelling unit as the owner’s unit upon written notice to the Community Development Director and written approval of the re-designation by the Community Development Director, which approval shall not be denied unreasonably. If owner occupancy is required, Tthe property owner shall not rent or lease both the primary residential unit and the accessory dwelling unit/junior accessory dwelling unit simultaneously.

ATTACHMENT 3
SBMC 30.185.040

STAFF DRAFT SHOWING CHANGES

FROM CURRENT CODE DATE
7 5. Hardship Waiver. If owner occupancy is required, in the event of a hardship, such as the death or disability of the property owner, job transfer, or similar significant personal situation which prevents the property owner from occupying one of the units as the owner’s unit, a property owner or estate representative may apply for a temporary waiver of the owner-occupation requirement for a specific time period to allow the owner’s unit to be occupied by a non-property owner pending disposition of the property through probate or non-probate transfer to a new owner, or the cessation of the circumstances preventing the property owner from occupying the owner’s unit on the property. The Community Development Director shall review applications for a hardship waiver. Any such waiver shall specify the period of time for which it is granted, provided that no such waiver may be granted for a period longer than three years.

6. Removal of Recorded Owner Occupancy Requirement. With the exception of owner occupancy covenants required to permit a junior accessory dwelling unit, the Community Development Director will, in a form acceptable to the City Attorney, release an owner occupancy requirement recorded against the property prior to adoption of this ordinance January 1, 2020, upon the request of the property owner. No other covenants required pursuant to this section, and contained in the agreement recorded against the property, shall be released.

F. Required Features. Each accessory dwelling unit and junior accessory dwelling unit shall contain, at a minimum, the following features:

1. Residential Elements. Permanent provisions for separate residential occupancy must be provided as follows within the contiguous livable floor space of the accessory dwelling unit or junior accessory dwelling unit and must be independent from the primary residential unit:
a. A kitchen, consisting of a sink, cooking appliance, and refrigeration facilities. A junior accessory dwelling unit may utilize an efficiency kitchen. b. A bathroom consisting of a toilet, sink, and bathtub or shower.

A junior accessory dwelling unit may share sanitation facilities with the existing or proposed single residential unit.

ATTACHMENT 3
SBMC 30.185.040

STAFF DRAFT SHOWING CHANGES

FROM CURRENT CODE DATE
8 c. A separate living room.
d. A separate sleeping room, except in studio residential units, where a living room is considered a sleeping room.

2. Minimum Floor Area. Notwithstanding the dwelling unit minimum described in Section 30.140.150, Residential Unit, the minimum floor area for a newly constructed accessory dwelling unit is as follows:
a. Efficiency Unit: 150 square feet.
b. Studio Unit: 220 square feet.
c. All Other Units: 400 square feet.

Such usable floor area shall be exclusive of open porches, garages, basements, cellars, and unfinished attics. The minimum floor area for accessory dwelling units that are created by converting existing structures is 150 square feet and must meet the definition of an efficiency unit.

3. Exterior Access. Exterior access to the unit, that is independent from the primary residential unit, must be provided. An interior connection consisting of one fire-rated lockable door between the primary residential unit and an accessory dwelling unit or junior accessory dwelling unit may be provided.

4. Fire Sprinklers. Fire sprinklers are required only if they are required for the primary residential unit. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary residential unit.

5. Permanent Foundation. Attached and detached units shall be constructed with an approved permanent foundation.

ATTACHMENT 3
SBMC 30.185.040

STAFF DRAFT SHOWING CHANGES

FROM CURRENT CODE DATE
9 6. Property Addresses. Addresses identifying all residential units on the lot, with minimum three- and one-half-inch numbers plainly visible from the street or road fronting the property shall be provided.

7. Public Sewer. Accessory dwelling units and junior accessory dwelling units shall be connected to a public sewer. If public sewer connection is not available, approval of a new or expanded onsite wastewater treatment system shall be required in accordance with the procedures from the code of the County of Santa Barbara California prior to issuance of a building permit.

8. Water Meter. Accessory dwelling units shall comply with the water metering requirements of Title 14, Section 14.08.150 E.

9. Passageway. No passageway is required in conjunction with the construction of an accessory dwelling unit or junior accessory dwelling unit.

G. Development Standards for Standard Accessory Dwelling Units.

1. Development Standards Generally. The development standards listed in this section apply to standard accessory dwelling units and junior accessory dwelling units, except for those units permitted in accordance with all the configuration, standards, and special procedures outlined in subsection L, Development Standards for Special Accessory Dwelling Units.
a. The reductions and exceptions to the development standards normally applicable to residential development allowed in this section are for the express purpose of promoting the development and maintenance of an accessory dwelling unit on the lot. If for any reason the accessory dwelling unit is not maintained on the lot in conformance with this section, the lot shall be brought into compliance with all of the requirements for the residential development, or with the legal nonconforming condition of the lot prior to the development of the accessory dwelling unit, including, but not limited to, the requirements for open yard, setbacks, and covered parking. b. Except as otherwise specified in this subsection, projects developed in accordance with this section shall otherwise comply with the development ATTACHMENT 3
SBMC 30.185.040

STAFF DRAFT SHOWING CHANGES

FROM CURRENT CODE DATE
10 standards applicable to an attached or detached accessory building for the housing type and the base zone in which the lot is located.
c. One primary residential unit shall be designated on a lot on which an accessory dwelling unit or junior accessory dwelling unit is permitted. d. Notwithstanding the size limit of an attached accessory dwelling unit based on a percentage of the proposed or existing primary unit, or lot coverage, floor area ratio, open yard, and minimum lot size standards for an attached or detached accessory dwelling unit, an 800-square-foot, 16-foot high attached or detached accessory dwelling unit may be constructed in compliance with all other development standards for standard accessory dwelling units. A maximum 800-squarefoot attached or detached standard accessory dwelling unit with four-foot interior setbacks may be constructed in compliance with all other development standards for standard accessory dwelling units, notwithstanding size based on a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, front setback, and minimum lot size.

2. Maximum Floor Area. The maximum floor area for a standard accessory dwelling unit and junior accessory dwelling unit is as follows:
a. Attached Accessory Dwelling Unit. An accessory dwelling unit that is attached to, and increasing the size of, the primary residential unit shall not exceed 50% of the living area of the existing primary residential unit. b. Converted Accessory Dwelling Unit. An accessory dwelling unit that is incorporated entirely within an existing primary residential unit, or within an existing accessory building, is not limited in size except that it shall not exceed the footprint of the existing structure.
c. Detached Accessory Dwelling Unit. An accessory dwelling unit that is detached from the primary residential unit and may or may not be attached to another detached accessory building, including detached garages, shall not exceed the following maximum floor area based on lot size and number of bedrooms:

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11 i. Lots up to 14,999 square feet and developed with onebedroom or studio units: 850 square feet. ii. Lots up to 14,999 square feet and developed with two or more-bedroom units: 1,000 square feet.
iii. Lots 15,000 square feet or larger: 1,200 square feet. d. Junior Accessory Dwelling Unit. The maximum floor area of a junior accessory dwelling unit shall be 500 square feet.

3. Building Separation. The minimum separation between the primary residential unit and a detached accessory dwelling unit shall be five feet.

4. Open Yard. No open yard areas are required for accessory dwelling units or junior accessory dwelling units. The minimum area, dimensions, and location of the required open yard pursuant to Section 30.140.140.C, Open Yards, for the existing or proposed primary residential unit on lots developed with single-unit or two-unit residential, may be reduced as follows in order to construct a standard accessory dwelling unit pursuant to this subsection, or to construct an accessory dwelling unit proposed over a new or reconstructed maximum 500 square foot garage, provided all other open yard requirements are met: A new standard accessory dwelling unit may encroach into the open yard required pursuant to Section 30.140.140.C, Open Yards, for the existing or proposed primary residential unit on lots developed with single-unit or two-unit residential, provided all other open yard requirements are met, and the following minimum area and dimensions are provided:
a. Minimum Area.
i. Lots less than 6,000 square feet: 500 square feet.
ii. Lots 6,000 up to 7,999 square feet: 800 square feet. iii. Lots 8,000 square feet up to 9,999 square feet: 1,000 square feet.

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12 iv. Lots 10,000 square feet or greater: 1,250 square feet. b. Minimum Dimensions. 15 feet long and 15 feet wide.
c. Location in Driveways and Turnarounds. Notwithstanding Section 30.140.140.E.6.a, Vehicle Areas, the required open yard may be located in driveways and turnarounds, but not parking areas, in order to allow the construction of a new accessory dwelling unit.
d. Accessory Dwelling Unit Over A Detached Garage: A
standard accessory dwelling unit constructed entirely over a new or reconstructed detached garage may also encroach into the required open yard as described above, provided that the area of the garage does not exceed a maximum of 500 square feet, plus up to 150 square feet may be allowed for other uses such as an enclosed stairway, storage, workshop, or laundry area, which may be used for either unit. Garage and accessory areas shall comply with all other development standards, such as setbacks and maximum floor area, applicable to a detached accessory building for the housing type and the base zone in which the lot is located.

5. Setbacks. The following setbacks shall apply to new and converted standard accessory dwelling units approved pursuant to this subsection:
a. New Construction. Newly constructed accessory dwelling units shall comply with the following setback standards:
i. Front Setback: Meet the minimum front setback for
residential structures in the zone, unless further limited by subsection H.8, Front Yard Location, below.
ii. Interior Setback: Four feet.
b. Conversion. No setback is required to convert the existing, legally permitted, floor area of a main or accessory building to an accessory dwelling unit.

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13 allowed pursuant to Chapter 30.165, Nonconforming Structures, Site Development, and Uses.
c. Substantial Redevelopment. No setback is required when an existing main or accessory building is substantially redeveloped and converted to an accessory dwelling unit, provided that the new building is reconstructed in the same location and with the same dimensions and floor area as the existing building. i. Exception for Small Conforming Additions. One small
150-square-foot conforming first floor addition may be permitted on a substantially redeveloped and converted nonconforming accessory building. d. New Construction Combined with Replacement of a
Nonconforming Garage. The construction of an accessory dwelling unit may be combined with the demolition and replacement of a nonconforming detached garage if all of the following requirements are met:
i. The new garage is reconstructed in the same location and with the same dimensions as the existing garage; or iii. The new garage is enlarged or altered in size only as necessary to provide the same number of parking spaces and to meet the dimension requirements of the City of Santa Barbara Access and Parking Design Standards, but located no closer to the property line as the existing garage; and iii. The accessory dwelling unit is constructed above or attached to the reconstructed garage; and
iv. Any additions, which may include Tthe accessory
dwelling unit and or any additions to the garage for other structures or uses shall conform with current setbacks and other development standards of this Title; v. The new structure shall comply with all applicable height and building story limitations, and all other development standards are met.

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14 e. Setback Encroachments. Setback encroachments allowed pursuant to Section 30.140.090, Encroachments into Setbacks and Open Yards, may be permitted for accessory dwelling units or junior accessory dwelling units.

H. Architectural Review. All accessory dwelling units or junior accessory dwelling units shall be subject to the following architectural design criteria as applicable to either new construction or exterior alterations, which shall be reviewed ministerially by the Community Development Director. For purposes of this section, portions of a building or site considered to be the accessory dwelling unit shall include all of the contiguous interior livable floor area of the accessory dwelling unit and any exterior alterations directly attached to, and integral to, the livable floor area of the accessory dwelling unit.

1. Prohibition of Shiny Roofing and Siding. New roofing and siding materials that are shiny, mirror-like, or of a glossy metallic finish are prohibited.

2. Roof Tile. Where a new clay tile roof is proposed, the use of two-piece terra cotta (Mission “C-tile”) roof is required and “S-tile” is prohibited, unless necessary to match the S-tile roof materials of the existing primary residential unit.

3. Skylights. New skylights shall have flat glass panels. “Bubble” or dome type skylights are not allowed.

4. Glass Guardrails. New glass guardrails are not allowed, unless necessary to match the glass guardrails of the existing primary residential unit.

5. Garage Conversion. If a garage is converted to an accessory dwelling unit, the garage door opening shall be replaced with exterior wall coverings, or residential windows and doors, to match the existing exterior garage wall covering and detailing.

6. Grading. No more than 250 cubic yards of grading (i.e., cut and/or fill under the main accessory dwelling unit building footprint and outside the main building footprint to accommodate the accessory dwelling unit) is proposed in the Hillside Design District or on lots in other parts of the City with a slope of 15% or greater.

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15 7. Height. Building heights shall not exceed the maximum height or number of stories allowed for a detached or attached accessory building in the zone and are limited in accordance with Section 30.140.170, Solar Access Height Limitations. In addition, tThe construction of an accessory dwelling unit shall not exceed the following, whichever is greater:
a. Height of the primary residential unit; or
b. Number of stories of the primary residential unit; or c. 178 feet for a detached standard or special accessory dwelling unit; an additional two feet in height is allowed if necessary to match the roof pitch and height of the primary residential unit; or
d. 25 feet for an attached standard accessory dwelling unit; or e. Up to the maximum height allowed in the zone for a standard accessory dwelling unit constructed entirely over a new or reconstructed detached garage, that meets all of the criteria in subsection 30.185.040.G.4.d, above.

This height limitation is not applicable to an accessory dwelling unit constructed above a garage, however, in no event shall the resulting building exceed the maximum height or number of stories allowed for a detached or attached accessory building in the zone.

8. Front Yard Location. The construction of a new detached accessory dwelling unit located in the front yard shall be subject to all of the following:
a. The new accessory dwelling unit must be located a minimum of 20 feet back from all front lot lines or meet the minimum front setback for the zone in which the lot is located, whichever is greater.

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16 b. Unless constructed entirely over an existing, new, or reconstructed detached garage that meets all of the criteria in subsection

30.185.040.G.4.d, above, the new unit shall be:
i. No more than one-story; and
ii. Lless than 178 feet in height; an additional two feet in height is allowed if necessary to match the roof pitch and height of the primary residential unit; and
iii. Screened from the street by topography, location, or landscape, in a manner designed to blend into the surrounding architecture or landscape, so as to minimize visibility of the accessory dwelling unit to the casual observer as viewed from the street.

9. Design Style. New detached or attached accessory dwelling units shall be compatible with the design of the primary residential unit regarding style, fenestration, materials, colors, and details shall be constructed using the same architectural style, roof pitch, exterior building materials, colors, and finishes as the primary unit if the accessory dwelling unit meets any of the following:
a. Attached to, or if any portion of the accessory dwelling unit is located within 20 feet of, the primary residential unit; b. Located in the Hillside Design District and 20% or greater average slope;
c. Two or more stories tall, or 178 feet or taller in building height; d. Located on a site on which there is a historical resource as follows:
(1) Listed on the National Register of Historic Places or the California Register of Historic Resources;
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17 (2) Designated as a City of Santa Barbara Landmark or Structure of Merit; or
(3) Located in a designated historic district.
e. Located in the front yard.

10. Privacy Standards. The construction of an accessory dwelling unit where any portion of the proposed construction is either: two or more stories tall or 178 feet or taller in building height, shall comply with the following:
a. Upper story unenclosed landings, decks, and balconies greater than 20 square feet, that face or overlook the adjoining property, shall be located a minimum of 15 feet from the interior lot lines.
b. Upper story unenclosed landings, decks, and balconies, that do not face or overlook the adjoining property due to orientation or topography, may be located at the minimum interior setback line if an architectural screening element such as enclosing walls, trellises, awnings, or perimeter planters with a five-foot minimum height is incorporated into the unenclosed landing, deck, or balcony. c. Upper story windows that face or overlook the adjoining property, located within 15 feet of the interior lot lines, shall be installed a minimum of 42 inches above finish floor.

11. Exceptions. Discretionary applications for design review may be requested in the following circumstances:
a. An applicant may propose an accessory dwelling unit that does not meet these design criteria subject to approval by the Single Family Design Board, Architectural Board of Review, or Historic Landmarks Commission, as appropriate. b. Discretionary design review may be required for any exterior alterations to the project site or main buildings that are not an integral part of the ATTACHMENT 3
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18 accessory dwelling unit but are proposed in conjunction with the accessory dwelling unit, if required pursuant to Chapter 22.68, 22.69, or 28.86 30.220 of this Code.

I. Protection for Historic Resources. No accessory dwelling unit or junior accessory dwelling unit shall be permitted if the proposal would cause a substantial adverse change in the significance of a historical resource listed on the National Register of Historic Places or the California Register of Historical Resources, designated as a City of Santa Barbara Landmark or Structure of Merit, or located in a designated historic district. The Community Development Director shall make this determination by reviewing the proposal for compliance with appropriate Secretary of Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings.

J. Parking Standards. No automobile parking spaces are required for accessory dwelling units or junior accessory dwelling units. The required parking for the existing residential units on site may be reduced or replaced as follows to construct an accessory dwelling unit:

1. No Replacement Parking Required. When an existing garage, carport, or other covered parking structure is converted to an accessory dwelling unit or demolished in order to construct an accessory dwelling unit, those off-street parking spaces for the existing residential unit are not required to be replaced.

2. Optional Parking Standards. If optional new or replacement parking spaces are proposed for either the primary residential unit or the accessory dwelling unit, those spaces may be provided as covered, uncovered, in a mechanical lift, or in a tandem configuration pursuant to subsection J.2.f below. The new or replacement spaces shall meet all of the following:
a. Covered parking shall meet the development standards applicable to the primary residential unit within the zone in which the lot is located. b. All parking spaces must meet the minimum dimensions and development standards consistent with the City Parking Access and Design Standards and Section 30.175.090, Parking Area Design and Development Standards.

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19 c. In order to maintain visibility for adjacent driveways and intersections, uncovered parking spaces shall comply with Section 30.140.230, Visibility at Driveways and Intersections.
d. New or Rreplacement uncovered parking spaces may be
allowed in a front or interior setback, provided all uncovered parking spaces are contained within the area of an existing paved driveway and no increase to paved areas occurs in the setbacks.
e. New uncovered parking spaces that are not replacement parking spaces within an existing paved driveway, as described above, may be located in a new paved area three feet from any interior lot line, provided a minimum of three feet in width of planting area is provided for the length of the paved parking area along the interior lot line, if the paved parking area is parallel to the interior lot line. f. Tandem parking configuration shall meet all the following:
i. No more than two automobiles shall be placed one
behind the other.
ii. Both automobile parking spaces parked in tandem shall be assigned to the same residential unit. Tandem parking shall not create any traffic safety issues.
iii. Vertical or stackable tandem parking, provided by means of mechanical lifts, is subject to approval by the Public Works Director. Mechanical lifts shall be fully enclosed within a structure and shall require a recorded maintenance agreement, pursuant to Chapter 30.260, Recorded Agreements. iv. Tandem parking in multi-unit and commercial zones is subject to approval by the Public Works Director. Tandem parking shall not create traffic safety issues.
v. Tandem parking shall not create traffic safety issues as determined by the Public Works Director.

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20 K. High Fire Hazard Area Standards. All accessory dwelling units or junior accessory dwelling units located in any High Fire Hazard Area including the Coastal, Coastal Interior, Foothill and Extreme Foothill Areas, as defined in the City’s Community Wildfire Protection Plan or as may be subsequently retitled in the future as a (“High” or “Very High Fire Hazard Severity Zone”) as defined in the Community Wildfire Protection Plan adopted by City Council, shall comply with the following standards as applicable to new construction or parking:

1. No Tandem Parking. No parking space shall be developed in a tandem configuration.

2. High Fire Construction. The accessory dwelling unit shall be designed to meet high fire construction standards adopted or enforced by the City, as determined by the Chief Building Official or the Fire Code Official.

3. No Variance or Modification. No variance or modification to any Fire Code requirements or high fire construction standards shall be permitted.

4. Defensible Space. The site must meet defensible space requirements, pursuant to Chapter 8.04 of this Code, prior to occupancy and those requirements must be maintained.

5. Parking. No parking is required for studio units; Oone covered or uncovered automobile parking space per unit or bedroom, whichever is less is required for all other accessory dwelling units, unless the unit is exempt from parking per one of the exceptions outlined below. Parking spaces shall meeting all of the same parking standards required for the primary residential unit as described in subsection J.2, Parking Standards, shall be required for an accessory dwelling unit. a. Parking Exceptions for Certain Accessory Dwelling
Units. Automobile parking is not required for an accessory dwelling unit, in any of the following instances:
i. The accessory dwelling unit is located within a walking distance of one-half mile of a public transit stop, such as a bus stop or train station.

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21 ii. The accessory dwelling unit is located within an architecturally and historically significant historic district. For purposes of this provision, El Pueblo Viejo Landmark District, Brinkerhoff Avenue Landmark District, Riviera Campus Historic District, and the El Encanto Hotel Historic District, constitute architecturally and historically significant historic districts within the City and any district hereafter created deemed to be architecturally and historically significant. iii. The accessory dwelling unit is contained entirely within the permitted floor area of the existing primary residential unit or an existing accessory building.
iv. When on-street parking permits are required but not offered to the occupant(s) of the accessory dwelling unit. v. When there is a “carshare vehicle” as defined in
Chapter 10.73 of this Code, located within a walking distance of 500 feet of the accessory dwelling unit.

L. Development Standards for Special Accessory Dwelling Units.

1. Development Standards Generally. The development standards listed in this section apply to specific types of small accessory dwelling units and junior accessory dwelling units with certain size, height, and setback standards that, if followed, allow for an accessory dwelling unit to be permitted on lots in a Fire Hazard Area, or more than one accessory dwelling unit on a lot, and allows additional reductions and exceptions to development standards for open yard and maximum floor area. Applications utilizing the special standards described in this section may not utilize the less restrictive configuration, size, and height standards allowed under another section to achieve a larger unit or more than one unit.
a. Any reductions and exceptions in this section are for the express purpose of promoting the development and maintenance of a special accessory dwelling unit or junior accessory dwelling unit on the lot. If for any reason the special accessory dwelling unit or junior accessory dwelling unit is no longer maintained on the lot, the lot shall be brought into compliance with all of the requirements for the remaining ATTACHMENT 3
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22 residential development, or with the legal nonconforming condition of the lot prior to the development of the accessory dwelling unit or junior accessory dwelling unit. b. Except as otherwise specified in this section, projects developed in accordance with this chapter shall otherwise comply with the development standards applicable to the housing type and base zone in which the lot is located. c. One primary residential unit shall be designated on a lot on which an accessory dwelling unit or junior accessory dwelling unit is permitted. In the case when multiple residential units are existing on a lot, there shall be only one primary residential unit.

2. Configuration – Single Unit Lots. A lot developed with only one existing or proposed single-unit residence, may permit one of the following types of special accessory dwelling units:
a. Converted Portion of Main Building. Only one accessory dwelling unit or junior accessory dwelling unit contained entirely within the existing, legally permitted, fully enclosed livable floor area of the existing or proposed primary residential unit; or
b. Converted Accessory Building. Only one accessory dwelling unit contained entirely within the existing, legally permitted, fully enclosed floor area of a garage or other accessory building on the same lot as the primary residential unit, plus one 150-square-foot conforming first floor addition, if the expansion is limited to accommodating ingress and egress; or
c. One Unit – New Construction. One newly constructed
accessory dwelling unit, detached from any other main or accessory building; or d. Two Units – Combination. One junior accessory dwelling unit contained entirely within the existing, legally permitted, fully enclosed livable floor area of the existing or proposed primary residential unit, plus one newly constructed or converted special accessory dwelling unit, detached from any other main or accessory building.

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23 3. Configuration – Two-Unit or, Multi-Unit, or Mixed-Use Lots. A lot developed with two or more existing or proposed residential units, or one or more existing or proposed residential units in a mixed-use development, may permit one of the following types of special accessory dwelling units:
a. Converted Non-Livable Space. At least one Up to two
accessory dwelling units, and or up to 25% of the existing number of residential units on a lot, whichever is greater, may be converted on a lot if contained entirely within portions of existing, legally permitted, fully enclosed floor area of a residential or mixed-use structure, or detached accessory structure, that is not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, upper-floor commercial areas, attached or detached carports, or garages; or b. Two Units – New Construction. No more than two newly constructed accessory dwelling units, detached from the main or accessory building. c. Two Unit – Combination. One accessory dwelling unit
contained entirely within the existing, legally permitted, fully enclosed non-livable floor area of a residential or mixed-use structure, or detached accessory structure; plus, one newly constructed accessory dwelling unit, detached from any other main or accessory building.

4. Maximum Floor Area.
a. Detached Accessory Dwelling Unit. The maximum floor area of any detached, new construction, special accessory dwelling unit approved pursuant to this subsection is 800 square feet; and each unit shall have no more than two bedrooms. b. Converted Accessory Dwelling Unit. An accessory dwelling unit that is incorporated entirely within portions of existing floor area, approved pursuant to this subsection, is not limited in size.
c. Junior Accessory Dwelling Unit. The maximum floor area of a junior accessory dwelling unit shall not exceed 500 square feet.

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24 5. Maximum Height – Detached Accessory Dwelling Unit. The maximum building height of a detached, new construction, special accessory dwelling unit approved pursuant to this subsection is 16 feet.18 feet and one story; an additional two feet in height is allowed if necessary to match the roof pitch and height of the primary residential unit.

6. Exempt from Other Size and Location Limitations. A special accessory dwelling unit or junior accessory dwelling unit approved pursuant to in compliance with this subsection is exempt from any other size or location limitations in this title. based on a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open yard, front setback, and minimum lot size.

7. Exempt from Open Yard. No open yard is required for a special accessory dwelling unit or junior accessory dwelling unit approved pursuant to this subsection. Open yard for any existing residential units on a lot may be reduced or eliminated entirely in order to permit a special accessory dwelling unit meeting all the standards and criteria in this subsection.

M. Building Permit Required. All accessory dwelling units and junior accessory dwelling units shall comply with applicable state and local building codes and shall require approval of a building permit.

1. Combined Permits. An accessory dwelling unit or junior accessory dwelling unit permit shall not be combined with a permit for other proposed construction on the site unrelated to the accessory dwelling unit or junior accessory dwelling unit. If a permit application for an accessory dwelling unit or junior accessory dwelling unit is submitted at the same time as a permit application for a new single-unit dwelling, review of the permit for the accessory dwelling unit or junior accessory dwelling unit application shall be delayed until the permit for the single-unit dwelling has been approved.

1. Change in Occupancy. The construction of an accessory dwelling unit shall not constitute a Group R occupancy change, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the Building Official finds that the construction of the accessory dwelling unit could have a ATTACHMENT 3
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25 specific, adverse impact on public health and safety. This clause does not apply when changing the occupancy code of a space that was unhabitable space or was only permitted for nonresidential use and was subsequently converted for residential use.

2. Review of Applications. Applications for a permit to create an accessory dwelling unit or junior accessory dwelling unit shall be processed pursuant to Chapter 30.205, Common Procedures, and the specific requirements of this section. The City shall ministerially approve or disapprove a complete building permit application for an accessory dwelling unit or junior accessory dwelling unit in compliance with time periods established by state law. If the City disapproves an application for an accessory dwelling unit or junior accessory dwelling unit, the City shall return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.

3. Pre-Existing Violations. The City shall not disapprove an application to create an accessory dwelling unit or junior accessory dwelling unit solely due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are unrelated to the construction of the accessory dwelling unit or junior accessory dwelling unit. However, any approvals granted under this section shall not constitute authorization for continuation of the violation, or waiver of or estoppel against any future enforcement action.

4. Combined Permits. An accessory dwelling unit or junior accessory dwelling unit permit shall not be combined with a permit for other proposed construction on the site unrelated to the accessory dwelling unit or junior accessory dwelling unit; except that:
a. Demolition permits for a detached garage that is to be replaced with an accessory dwelling unit may be reviewed with the application for the accessory dwelling unit and issued at the same time; and b. A permit application for an accessory dwelling unit or junior accessory dwelling unit may be submitted at the same time as a permit application for a ATTACHMENT 3
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26 new primary residential unit; however, approval of the permit for the accessory dwelling unit or junior accessory dwelling unit application shall be delayed until the permit for the primary residential unit has been approved and issued. A certificate of occupancy/final inspection for an accessory dwelling unit shall not be issued before a certificate of occupancy/final inspection is issued for the primary residential unit.

25. Modifications and Minor Zoning Exceptions for Accessory Dwelling Units or Junior Accessory Dwelling Units. An accessory dwelling unit or junior accessory dwelling unit that is not in compliance with the development standards of this section may be granted a modification or minor zoning exception if all the required findings can be met, pursuant to the procedures outlined in Chapter 30.250, Modifications, or Chapter 30.245, Minor Zoning Exceptions.

36. Posted Sign. Within five calendar days after submitting an initial building permit application to the City, the property owner shall install a public notice in the form of a posted sign on the property in a manner deemed acceptable by the Community Development Director., as follows: The sign shall remain posted until a building permit is issued, or the application expires or is withdrawn. At the time of application submittal, the applicant shall sign an affidavit stating that he or she will post the required sign per this subsection. The validity of the permit shall not be affected by the failure of any property owner, resident, or neighborhood or community organization to receive this notice.
a. The sign shall remain posted until a building permit is issued, or the application expires or is withdrawn.
b. At the time of application submittal, the applicant shall sign an affidavit stating that the required sign will be posted per this subsection. c. The validity of the permit shall not be affected by the failure of any property owner, resident, or neighborhood or community organization to receive this notice.
d. The requirement for a posted sign does not apply to a project that only includes the demolition of a detached garage that is to be replaced with an ATTACHMENT 3
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27 accessory dwelling unit, unless the property is located within an architecturally and historically significant historic district.

N. Recorded Agreement. Before obtaining a building permit for an accessory dwelling unit or junior accessory dwelling unit, the property owner shall execute an agreement, pursuant to Chapter 30.260, Recorded Agreements, containing a reference to the deed under which the property was acquired by the present owner which outlines the requirements regarding the sale, rental, and owner occupancy of lots developed with accessory dwelling units and junior accessory dwelling units as specified in subsection E of this section.

O. Residential Density. An accessory dwelling unit or junior accessory dwelling unit is a residential use that is consistent with the existing General Plan designations and zoning for lots within the allowable residential zones. Any accessory dwelling unit or junior accessory dwelling unit permitted pursuant to this section does not exceed the allowable density for the lot upon which the accessory dwelling unit or junior accessory dwelling unit is located.

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1 AN ORDINANCE OF THE COUNCIL OF THE CITY OF

SANTA BARBARA AMENDING THE SANTA BARBARA
MUNICIPAL CODE BY AMENDING CHAPTER 28.86,

PERTAINING TO REGULATIONS FOR ACCESSORY

DWELLING UNITS

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

SECTION 1. Chapter 28.86 of Title 28 of the Santa Barbara Municipal Code is amended to read as follows:

28.86.010 Purpose.

The purpose of this chapter is to:

A. Expand opportunities in the City to create additional housing to suit the spectrum of individual lifestyles and space needs, allow more efficient use of existing housing stock and public infrastructure, and provide a range of housing opportunities.

B. Allow accessory dwelling units or junior accessory dwelling units as an accessory use to a primary residential unit, consistent with California Government Code Section 65852.2 or 65852.22 and the California Coastal Act, as applicable.

C. Promote accessory dwelling units or junior accessory dwelling units with highquality designs that are compatible with the surrounding neighborhood, historic resources, and historic districts; preserve the City’s coastal resources; promote longterm sustainability; and contribute to a desirable living environment.

28.86.020 Definitions.

As used in this chapter, the following words and phrases shall have the following meanings:

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2 A. ACCESSORY DWELLING UNIT. An attached or a detached residential unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residential unit. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation and be located on the same parcel that the primary residential unit is or will be situated. The following categories of accessory dwelling units are subject to specific development standards:

1. Special Accessory Dwelling Unit. These are specific types of smaller accessory dwelling units and junior accessory dwelling units with certain size, height, and setback standards described in Section 28.86.090, Development Standards for Special Accessory Dwelling Units. Special accessory dwelling units allow for more than one accessory dwelling unit on a lot.

2. Standard Accessory Dwelling Unit. These are typically larger accessory dwelling units with size, height, and setback standards generally described in Section 28.86.055, Development Standards for Standard Accessory Dwelling Units.

Standard accessory dwelling units do not allow for more than one accessory dwelling unit on a lot.

3. An accessory dwelling unit also includes the following:
a. An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code.
b. A manufactured home, as defined in Section 18007 of the Health and Safety Code.

B. CARSHARE VEHICLE. A motor vehicle that is operated as part of a regional fleet by a public or private car sharing company or organization which provides hourly or daily car sharing service to its members.

C. EFFICIENCY KITCHEN. A kitchen that includes at a minimum:

1. Appliances for cooking food and refrigeration, either built-in or countertop.

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3 2. A sink for food preparation greater than 12 inches by 12 inches, excluding the sink located in the bathroom.

3. A food preparation counter.

D. EXISTING FLOOR AREA. A legally permitted building constructed on the site with a final inspection or certificate of occupancy as of the date of application submittal, that conforms to current zoning standards or is legal nonconforming as to current zoning standards.

E. JUNIOR ACCESSORY DWELLING UNIT. A unit that is no more than 500 square feet in size and contained entirely within the existing floor area of an existing or proposed single residential unit. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing or proposed single residential unit and includes an efficiency kitchen.

F. PASSAGEWAY. A pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.

G. PRIMARY RESIDENTIAL UNIT. The existing or proposed residential unit on a lot on which an accessory dwelling unit or junior accessory dwelling unit is permitted. The primary residential unit shall comprise one unit in either a single residential unit, tworesidential unit, multiple residential unit, or mixed use development (as those terms are defined in Section 28.04.020 of this title).

H. PRINCIPAL PLACE OF RESIDENCE. The residence where a property owner actually lives for the greater part of time, or the place where the property owner remains when not called elsewhere for some special or temporary purpose and to which the property owner returns frequently and periodically, as from work or vacation. There may be only one “principal place of residence,” and where more than one residence is maintained or owned, the burden shall be on the property owner to show that the primary residential unit, or accessory dwelling unit, or junior accessory dwelling unit is the property owner’s principal place of residence as evidenced by qualifying for the homeowner’s tax exemption, voter registration, vehicle registration, or similar methods that demonstrate owner-occupancy. If multiple persons own the property as tenants in ATTACHMENT 4
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4 common or some other form of common ownership, a person or persons representing at least 50% of the ownership interest in the property shall reside on the property and maintain the property as a principal place of residence. Any person or persons who qualify for the homeowner’s tax exemption under the California State Board of Equalization rules, may qualify as an owner occupant.

28.86.030 Where Permitted.

A. ACCESSORY DWELLING UNIT. An accessory dwelling unit may be permitted in any zone that allows residential use, located on a lot developed or proposed to be developed with one or more residential units, except as prohibited below.

B. JUNIOR ACCESSORY DWELLING UNIT. A junior accessory dwelling unit may be permitted in any zone that allows residential use, and shall be located on a lot developed with an existing or proposed single residential unit.

C. PROHIBITED LOCATIONS.

1. No accessory dwelling unit shall be permitted in a location that would conflict with the coastal resource protection policies of the City’s Coastal Land Use Plan.

2. No accessory dwelling unit shall be permitted on a lot located within the Foothill or Extreme Foothill High Fire Hazard Area (Extreme Foothill and Foothill) or as subsequently amended for consistency with state-level (Very High Fire Hazard Severity Zone) mapping terminology as defined in the City’s Community Wildfire Protection Plan adopted by City Council.
a. Exception for Special Accessory Dwelling Units. Accessory dwelling units permitted in accordance with all the configuration, standards, and special procedures outlined in Section 28.86.090, Development Standards for Special Accessory Dwelling Units, may be permitted on any lot, including lots located within any High Fire Hazard Area ( the Foothill and Extreme Foothill High Fire Hazard Areas) or as subsequently amended for consistency with state-level (Very High Fire Hazard Severity Zone) mapping terminology as defined in the ATTACHMENT 4
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5 City’s Community Wildfire Protection Plan adopted by City Council, if the lot is zoned to allow for residential use and contains an existing or proposed primary residential unit.

28.86.035 Unit Configuration.

A. Only one accessory dwelling unit or junior accessory dwelling unit shall be permitted on a lot in addition to the primary residential unit, pursuant to this chapter.

However, multiple accessory dwelling units may be permitted in accordance with all the configuration, standards, and special procedures outlined in Section 28.86.090, Development Standards for Special Accessory Dwelling Units.

B. An accessory dwelling unit may be permitted in the following configurations:

1. Incorporated entirely within an existing or proposed primary residential unit.

2. Incorporated entirely within an existing accessory building, including garages, located on the same lot as the primary residential unit.

3. Attached to or increasing the size of an existing primary residential unit or accessory building located on the same lot as the primary residential unit.

4. Detached from and located on the same lot as the existing or proposed primary residential unit. An accessory dwelling unit that is attached to another detached accessory building, but not the primary residential unit, or is attached by a breezeway or porch, is considered detached.

C. A junior accessory dwelling unit must be incorporated entirely within the existing floor area of an existing or proposed single residential unit or attached garage.

D. One primary residential unit shall be designated and maintained on a lot on which an accessory dwelling unit or junior accessory dwelling unit is permitted. In the case when multiple residential units are existing or proposed on a lot, there shall be only one primary residential unit. When an accessory dwelling unit is to be attached to a ATTACHMENT 4
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6 residential unit, the residential unit the accessory dwelling unit is attached to shall be the designated primary residential unit.

28.86.040 Sale, Rental, and Occupancy Terms.

All accessory dwelling units and junior accessory dwelling units shall be subject to the following sale, rental, and occupancy terms:

A. NOT TO BE SOLD SEPARATELY. An accessory dwelling unit or junior accessory unit shall not be sold separately from the primary residential unit.

B. RENTAL TERMS. The accessory dwelling unit or junior accessory dwelling unit may be rented; however, If rented, rental terms for the primary residential unit, accessory dwelling unit, or junior accessory dwelling unit shall not be less than 31 consecutive days, nor shall rental terms allow termination of the tenancy prior to the expiration of at least one 31-day period occupancy by the same tenant.

C. OWNER OCCUPANCY. The following types of projects are subject to an owner occupancy requirement:

1. All lots developed with junior accessory dwelling units; except that owner occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

2. Any accessory dwelling unit located in a One-Family Residence Zone submitted on or after January 1, 2025, unless otherwise prohibited by state law, or upon repeal of Government Code Section 65852.2 (a)(6 8)(B) removing the stateimposed prohibition of an owner occupancy requirement, whichever occurs first.

D. OWNER’S UNIT. If owner occupancy is required in accordance with subsection C, Owner Occupancy, the property owner shall reside in and maintain either the primary residential unit or the accessory dwelling unit/junior accessory dwelling unit as the property owner’s principal place of residence (“owner’s unit”). Owners of lots developed with an accessory dwelling unit/junior accessory dwelling unit shall live on the lot as long as the lot is developed with an accessory dwelling unit/junior accessory dwelling ATTACHMENT 4
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7 unit. Owners may re-designate the primary residential unit or the accessory dwelling unit/junior accessory dwelling unit as the owner’s unit upon written notice to the Community Development Director and written approval of the re-designation by the Community Development Director, which approval shall not be denied unreasonably. If owner occupancy is required, Tthe property owner shall not rent or lease both the primary residential unit and the accessory dwelling unit/junior accessory dwelling unit simultaneously.

E. HARDSHIP WAIVER. If owner occupancy is required in accordance with subsection C, Owner Occupancy, in the event of a hardship, such as the death or disability of the property owner, job transfer, or similar significant personal situation which prevents the property owner from occupying the owner’s unit, a property owner or estate representative may apply for a temporary waiver of the owner-occupation requirement for a specific time period to allow the owner’s unit to be occupied by a nonproperty owner pending disposition of the property through probate or non-probate transfer to a new owner, or the cessation of the circumstances preventing the property owner from occupying the owner’s unit on the property. The Community Development Director shall review applications for a hardship waiver. Any such waiver shall specify the period of time for which it is granted, provided that no such waiver may be granted for a period longer than three years.

F. REMOVAL OF RECORDED OWNER OCCUPANCY REQUIREMENT. With the exception of owner occupancy covenants required to permit a junior accessory dwelling unit, the Community Development Director will, in a form acceptable to the City Attorney, release an owner occupancy requirement recorded against the property prior to adoption of the ordinance codified in this chapter, January 1, 2020, upon the request of the property owner. No other covenants required pursuant to this section, and contained in the agreement recorded against the property, shall be released.

28.86.050 Required Features.

Each accessory dwelling unit and junior accessory dwelling unit shall contain, at a minimum, the following features:

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8 A. RESIDENTIAL ELEMENTS. Permanent provisions for separate residential occupancy must be provided as follows within the contiguous livable floor space of the accessory dwelling unit or junior accessory dwelling unit and must be independent from the primary residential unit:

1. A kitchen, consisting of a sink, cooking appliances, and refrigeration facilities.

A junior accessory dwelling unit may utilize an efficiency kitchen.

2. A bathroom consisting of a toilet, sink, and bathtub or shower. A junior accessory dwelling unit may share sanitation facilities with the existing or proposed single residential unit.

3. A separate living room.

4. A separate sleeping room, except in studio residential units, where a living room is considered a sleeping room.

B. MINIMUM FLOOR AREA. Notwithstanding the dwelling unit minimum described in Section 28.87.150, Dwelling and Other Occupancies, the minimum floor area for a newly constructed accessory dwelling unit is as follows:

1. Efficiency Unit: 150 square feet.

2. Studio Unit: 220 square feet.

3. All Other Units: 400 square feet.

C. EXTERIOR ACCESS. Exterior access to the unit, that is independent from the primary residential unit, must be provided. An interior connection consisting of one fire- ATTACHMENT 4
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9 rated lockable door between the primary residential unit and an accessory dwelling unit or junior accessory dwelling unit may be provided.

D. FIRE SPRINKLERS. Fire sprinklers are required only if they are required for the primary residential unit. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary residential unit.

E. PERMANENT FOUNDATION. Attached and detached units shall be constructed with an approved permanent foundation.

F. PROPERTY ADDRESSES. Addresses identifying all residential units on the lot, with minimum three- and one-half-inch numbers plainly visible from the street or road fronting the property shall be provided.

G. PUBLIC SEWER. Accessory dwelling units and junior accessory dwelling units shall be connected to a public sewer. If public sewer connection is not available, approval of a new or expanded onsite wastewater treatment system shall be required in accordance with the procedures from the Code of the County of Santa Barbara California prior to issuance of a building permit.

H. WATER METER. Accessory dwelling units shall comply with the water metering requirements of Title 14, Section 14.08.150.E.

I. PASSAGEWAY. No passageway is required in conjunction with the construction of an accessory dwelling unit or junior accessory dwelling unit.

28.86.055 Development Standards for Standard Accessory Dwelling Units.

A. DEVELOPMENT STANDARDS GENERALLY. The development standards listed in this section apply to standard accessory dwelling units and junior accessory dwelling units, except for those units permitted in accordance with all the configuration, standards, and special procedures outlined in Section 28.86.090, Development Standards for Special Accessory Dwelling Units.

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10 1. The reductions and exceptions to the development standards normally applicable to residential development allowed in this section are for the express purpose of promoting the development and maintenance of an accessory dwelling unit on the lot. If for any reason the accessory dwelling unit is not maintained on the lot in conformance with this section, the lot shall be brought into compliance with all of the requirements for the residential development, or with the legal nonconforming condition of the lot prior to the development of the accessory dwelling unit, including, but not limited to, the requirements for open yard, setbacks, and covered parking.

2. Except as otherwise specified in this section, projects developed in accordance with this chapter shall otherwise comply with the development standards applicable to an attached or detached accessory building for the housing type and base zone in which the lot is located.

3. One primary residential unit shall be designated on a lot on which an accessory dwelling unit or junior accessory dwelling unit is permitted.

4. Notwithstanding the size limit of an attached accessory dwelling unit based on a percentage of the proposed or existing primary unit, or lot coverage, floor area ratio, open yard, and minimum lot size standards for an attached or detached accessory dwelling unit, an 800-square-foot, 16-foot high attached or detached accessory dwelling unit may be constructed in compliance with all other development standards for standard accessory dwelling units. A maximum 800- square-foot attached or detached standard accessory dwelling unit with four-foot interior setbacks may be constructed in compliance with all other development standards for standard accessory dwelling units, notwithstanding size based on a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, front setback, and minimum lot size.

B. MAXIMUM FLOOR AREA. The maximum floor area for a standard accessory dwelling unit and junior accessory dwelling unit is as follows:

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11 1. Attached Accessory Dwelling Unit. An accessory dwelling unit that is attached to, and increasing the size of, the primary residential unit shall not exceed 50% of the living area of the existing primary residential unit.

2. Converted Accessory Dwelling Unit. An accessory dwelling unit that is incorporated entirely within an existing primary residential unit, or within an existing accessory building, is not limited in size.

3. Detached Accessory Dwelling Unit. An accessory dwelling unit that is detached from the primary residential unit and may or may not be attached to another detached accessory building, including detached garages, shall not exceed the following maximum floor area based on lot size and number of bedrooms:
a. Lots up to 14,999 square feet:
i. One-bedroom or studio units: 850 square feet.
ii. Two or more-bedroom units: 1,000 square feet.
b. Lots 15,000 square feet or larger: 1,200 square feet.

4. Junior Accessory Dwelling Unit. The maximum floor area of a junior accessory dwelling unit shall not exceed 500 square feet.

C. RELATIONSHIP TO OTHER FLOOR AREA LIMITATIONS. The floor area of an accessory dwelling unit or junior accessory dwelling unit is included in any other floor area limitation in this title that is applicable to an attached or detached accessory building for the housing type and in the base zone in which the lot is located.

1. Exception. The floor area of a detached accessory dwelling unit shall be excluded from the aggregate maximum floor area allowed for other detached accessory buildings, such as work or storage sheds, pursuant to Section 28.87.160 of this title.

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12 D. BUILDING SEPARATION. The minimum separation between the primary residential unit and a detached accessory dwelling unit shall be five feet.

E. OPEN YARD. No open yard areas are required for accessory dwelling units or junior accessory dwelling units. The minimum area, dimensions, and location of the required open yard pursuant to Sections 28.15.060.C and 28.18.060.C of this title for the existing or proposed primary residential unit may be reduced to the area identified below in order to construct a standard accessory dwelling unit, or to construct an accessory dwelling unit proposed over a new or substantially redeveloped maximum 500 square foot garage or other conforming accessory structure, in the One-Family and Two-Family Residence Zones, provided all other open yard requirements are met:

A new standard accessory dwelling unit may encroach into the required open yard, pursuant to Sections 28.15.060.C and 28.18.060.C of this title, for the existing or proposed primary residential unit on lots developed with single-unit or two-unit residential, provided all other open yard requirements are met, and the following minimum area and dimensions are provided:

1. Minimum Area.
a. Lots less than 6,000 square feet: 500 square feet.
b. Lots 6,000 up to 7,999 square feet: 800 square feet. c. Lots 8,000 square feet up to 9,999 square feet: 1,000 square feet. d. Lots 10,000 square feet or greater: 1,250 square feet.

2. Minimum Dimensions. 15 feet long and 15 feet wide.

3. Location in Driveways and Turnarounds. Notwithstanding Section 28.15.060.C.1.c.ii Setback and Open Yard Requirements of this title, the required open yard may be located in driveways and turnarounds, but not required parking areas, in order to allow the construction of a new accessory dwelling unit.

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13 4. Accessory Dwelling Unit Over A Detached Garage. A standard accessory dwelling unit constructed entirely over a new or reconstructed detached garage may also encroach into the required open yard as described above, provided that the area of the garage does not exceed a maximum of 500 square feet, plus up to 150 square feet may be allowed for other uses such as an enclosed stairway, storage, workshop, or laundry area, which may be used for either unit. Garage and accessory areas shall comply with all other development standards, such as setbacks and maximum floor area, applicable to a detached accessory building for the housing type and the base zone in which the lot is located.

F. SETBACKS. The following setbacks shall apply to new and converted standard accessory dwelling units approved pursuant to this section:

1. New Construction. Newly constructed accessory dwelling units shall comply with the following setback standards:
a. Front Setback: Meet the minimum front setback for residential structures in the zone, unless further limited by Section 28.86.060.H, Front Yard Location, below.
b. Interior Setback: Four feet.

2. Converted. No setback is required to convert the existing, legally permitted, floor area of a main or accessory building to an accessory dwelling unit.

Improvements to existing nonconforming buildings, including conforming additions, are allowed pursuant to Section 28.87.030.D, Nonconforming Buildings of this title and the policies of the City’s Coastal Land Use Plan.

3. Demolished and Converted. No setback is required when an existing main or accessory building is demolished or substantially redeveloped and converted to an accessory dwelling unit, provided that the new building is reconstructed in the same location and with the same dimensions and floor area as the existing building.

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14 a. Exception for Small Conforming Additions. One small 150-square-foot conforming first floor addition may be permitted on a substantially redeveloped and converted nonconforming accessory building.

4. New Construction Combined with Replacement of a Nonconforming Garage.

The construction of an accessory dwelling unit may be combined with the demolition and replacement of a nonconforming detached garage if all of the following requirements are met:
a. The new garage is reconstructed in the same location and with the same dimensions as the existing garage; or
b. The new garage is enlarged or altered in size only as necessary to provide the same number of parking spaces and to meet the dimension requirements of the City of Santa Barbara Access and Parking Design Standards, but located no closer to the property line as the existing garage; and
c. The accessory dwelling unit is constructed above or attached to the reconstructed garage; and
d. Any additions, which may include Tthe accessory dwelling unit and or any additions to the garage for other structures or uses, shall conform with current setbacks and other development standards of this Title; and e. The new structure shall comply with all applicable height and building story limitations, and all other development standards are met.

5. Encroachments. Encroachments allowed pursuant to Section 28.87.062, Setback, Open Yard, Common Outdoor Living Space, and Distance Between Main Buildings Encroachments, may be permitted for accessory dwelling units or junior accessory dwelling units. However, no setback encroachment shall be located closer than three feet from any property line, except roof eaves, which may be located as close as two feet from any property line.

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15 28.86.060 Architectural Review.

All accessory dwelling units or junior accessory dwelling units shall be subject to the following architectural design criteria as applicable to either new construction or exterior alterations, which shall be reviewed ministerially by the Community Development Director. For purposes of this section, portions of a building or site considered to be the accessory dwelling unit shall include all of the contiguous interior livable floor area of the accessory dwelling unit and any exterior alterations directly attached to, and integral to, the livable floor area of the accessory dwelling unit.

A. PROHIBITION OF SHINY ROOFING AND SIDING. New roofing and siding materials that are shiny, mirror-like, or of a glossy metallic finish are prohibited.

B. ROOF TILE. Where a new clay tile roof is proposed, the use of two-piece terra cotta (Mission “C-tile”) roof is required and “S-tile” is prohibited, unless necessary to match the S-tile roof materials of the existing primary residential unit.

C. SKYLIGHTS. New skylights shall have flat glass panels. “Bubble” or dome type skylights are not allowed.

D. GLASS GUARDRAILS. New glass guardrails are not allowed, unless necessary to match the glass guardrails of the existing primary residential unit.

E. GARAGE CONVERSION. If a garage is converted to an accessory dwelling unit, the garage door opening shall be replaced with exterior wall coverings, or residential windows or doors, to match the existing exterior garage wall covering and detailing.

F. GRADING. No more than 250 cubic yards of grading (i.e., cut or fill under the main accessory dwelling unit building footprint and outside the main building footprint to accommodate the accessory dwelling unit) is proposed in the Hillside Design District or on lots in other parts of the City with a slope of 15% or greater.

G. HEIGHT. Building heights shall not exceed the maximum height or number of stories allowed for a detached or attached accessory building in the zone and are limited in accordance with Section 30.140.170, Solar Access Height Limitations. In ATTACHMENT 4
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16 addition, tThe construction of an accessory dwelling unit shall not exceed the following, whichever is greater:

1. Height of the primary residential unit; or

2. Number of stories of the primary residential unit; or

3. 178 feet for a detached standard or special accessory dwelling unit; an additional two feet in height is allowed if necessary to match the roof pitch and height of the primary residential unit; or

4. 25 feet for an attached standard accessory dwelling unit; or

5. Up to the maximum height allowed in the zone for a standard accessory dwelling unit constructed entirely over a new or reconstructed detached garage, that meets all of the criteria in subsection 28.86.055.E,4, above.

This height limitation is not applicable to an accessory dwelling unit constructed above a garage; however, in no event shall the resulting building exceed the maximum height or number of stories allowed for a detached or attached accessory building in the zone.

H. FRONT YARD LOCATION. The construction of a new detached accessory dwelling unit located in the front yard shall be subject to all of the following:

1. The new accessory dwelling unit must be located a minimum of 20 feet back from all front lot lines, or meet the minimum front setback for the zone in which the lot is located, whichever is greater.

2. Unless constructed entirely over a new or reconstructed detached garage that meets all of the criteria in subsection 28.86.055.E,4, above, the new unit shall be:
a. No more than one-story and less than 178 feet in height; an additional two feet in height is allowed if necessary to match the roof pitch and height of the primary residential unit; and
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17 b. Screened from the street by topography, location, or landscape, in a manner designed to blend into the surrounding architecture or landscape, so as to minimize visibility of the accessory dwelling unit to the casual observer as viewed from the street.

I. DESIGN STYLE. New detached or attached accessory dwelling units shall be compatible with the design of the primary residential unit regarding style, fenestration, materials, colors, and details shall be constructed using the same architectural style, roof pitch, exterior building materials, colors, and finishes as the primary unit if the accessory dwelling unit meets any of the following:

1. Attached to, or if any portion of the accessory dwelling unit is located within 20 feet of, the primary residential unit;

2. Located in the Hillside Design District and 20% or greater average slope;

3. Two or more stories tall, or 178 feet or taller in building height;

4. Located in the front yard.

5. Located on a site on which there is a historical resource as follows:
a. Listed on the National Register of Historic Places or the California Register of Historic Resources;
b. Designated as a City of Santa Barbara Landmark or Structure of Merit; or c. Located in a designated historic district.

J. PRIVACY STANDARDS. The construction of an accessory dwelling unit where any portion of the proposed construction is either: two or more stories tall or 178 feet or taller in building height, shall comply with the following:

1. Upper story unenclosed landings, decks, and balconies greater than 20 square feet, that face or overlook the adjoining property, shall be located a minimum of 15 feet from the interior lot lines.

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18 2. Upper story unenclosed landings, decks, and balconies, that do not face or overlook the adjoining property due to orientation or topography, may be located at the minimum interior setback line if an architectural screening element such as enclosing walls, trellises, awnings, or perimeter planters with a five-foot minimum height is incorporated into the unenclosed landing, deck, or balcony.

3. Upper story windows that face or overlook the adjoining property, located within 15 feet of the interior lot lines, shall be installed a minimum of 42 inches above finish floor.

K. EXCEPTIONS. Discretionary applications for design review may be requested in the following circumstances:

1. An applicant may propose an accessory dwelling unit that does not meet these ministerial design criteria subject to approval by the Single Family Design Board, Architectural Board of Review, or Historic Landmarks Commission, as appropriate.

2. Discretionary design review may be required for any exterior alterations to the project site or main buildings that are not an integral part of the accessory dwelling unit, but are proposed in conjunction with the accessory dwelling unit, if required pursuant to Chapter 22.22, 22.68, or 22.69 30.220 of this Code.

28.86.070 Protection for Historic Resources.

No accessory dwelling unit or junior accessory dwelling unit shall be permitted if the proposal would cause a substantial adverse change in the significance of a historical resource that is listed on the National Register of Historic Places or the California Register of Historical Resources, designated as a City of Santa Barbara Landmark or Structure of Merit, or located in a designated historic district. The Community Development Director shall make this determination by reviewing the proposal for compliance with appropriate Secretary of Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings.

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19 28.86.080 Parking Standards.

Consistent with the requirements of the City’s Coastal Land Use Plan Policies, sufficient off-street parking must be provided for any new development and substantial redevelopment so as to avoid significant adverse impacts to public access to the shoreline and coastal recreation areas. Automobile parking, therefore, must be provided consistent with the Zoning Ordinance for lots developed with accessory dwelling units or junior accessory dwelling units located in the coastal zone, as follows:

A. PRIMARY RESIDENTIAL UNIT. Automobile parking for the primary residential unit shall be provided in compliance with Chapter 28.90, except as provided below.

1. Special Procedures for Conversion or Demolition of Existing Covered Parking to an Accessory Dwelling Unit. When an existing garage, carport, or other covered parking structure is converted to an accessory dwelling unit or junior accessory dwelling unit or demolished in conjunction with the construction of an accessory dwelling unit, the required covered parking spaces that are displaced by the conversion or demolition shall be replaced on the same lot as the primary residential unit in order to satisfy the automobile parking requirement of the existing residential unit. The replacement spaces may be covered, uncovered, in a mechanical lift, or in a tandem configuration. The replacement spaces shall meet all of the following:

2. Parking Standards. If optional new or replacement parking spaces are proposed for either the primary residential unit or the accessory dwelling unit, those spaces may be provided as covered, uncovered, in a mechanical lift, or in a tandem configuration. The new or replacement spaces shall meet all of the following:
a. Covered parking shall meet the development standards applicable to a residential unit within the zone in which the lot is located. b. All parking spaces must meet the minimum dimensions and development standards consistent with the City of Santa Barbara Access and Parking Design Standards and Section 28.90.045.

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20 c. In order to maintain visibility for adjacent driveways and intersections, uncovered parking spaces shall not obstruct the sightlines required for the safe operation of motor vehicles, as determined by the Public Works Director. d. Required New or replacement uncovered parking spaces may be allowed in a front or interior setback, provided the uncovered parking space is contained within the area of an existing paved driveway and no increase to paved areas occurs in the setbacks.
e. New uncovered parking spaces that are not within an existing paved driveway, as described above, may be located in a new paved area three feet from any interior lot line, provided a minimum of three feet in width of planting area is provided for the length of the paved parking area along the interior lot line, if the paved parking area is parallel to the interior lot line. e. No more than two automobiles shall be placed one behind the other.

Tandem parking shall not create any traffic safety issues. f. Tandem parking configuration shall meet all the following:
i. No more than two automobiles shall be placed one behind the other. f. ii. Both automobile parking spaces parked in tandem shall be assigned to the same residential unit.
iii. Vertical or stackable tandem parking, provided by means of mechanical lifts, is subject to approval by the Public Works Director.

Mechanical lifts shall be fully enclosed within a structure and shall require a recorded maintenance agreement.
g. iv. Tandem parking in multi-unit and commercial zones is subject to approval by the Public Works Director.
v. Tandem parking shall not create traffic safety issues, as determined by the Public Works Director.

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21 h. Vertical or stackable tandem parking, provided by means of mechanical lifts, is subject to approval by the Public Works Director. Mechanical lifts shall be fully enclosed within a structure and shall require a recorded maintenance agreement.

2.3. Nonconforming Conditions. If the accessory dwelling unit or junior accessory dwelling unit is developed in accordance with all the requirements of this chapter, and is eligible for ministerial approval, the provision in Section 29.90.001.B, Existing Parking Space, that requires nonconforming parking to be brought up to current standards if an enlargement of more than 50% of the existing net floor area is proposed, shall not apply if the new floor area consists solely of a new accessory dwelling unit.

B. JUNIOR ACCESSORY DWELLING UNITS. No automobile parking is required for junior accessory dwelling units, since they are not anticipated to increase parking demand generated by the development.

C. NO PARKING REQUIRED FOR CERTAIN ACCESSORY DWELLING UNITS. The following types of accessory dwelling units are not anticipated to increase parking demand generated by the development and therefore automobile parking is not required for the accessory dwelling unit if it meets all of the following criteria:

1. Outside Key Public Access Areas. The accessory dwelling unit is not located in a key public access parking area (West Beach, Lower State, and East Beach Component Areas) as delineated in Figure 3.1-2 of the Coastal Land Use Plan; and

2. On a Lot Developed with a Single Residential Unit. The accessory dwelling unit is located on a lot developed, or proposed to be developed with, only one single residential unit on the lot; and

3. Measures to Reduce Demand. The accessory dwelling unit meets at least one of the following measures that will sufficiently reduce the demand for off-street parking:

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22 a. The accessory dwelling unit is located within a walking distance of onehalf mile of a public transit stop, such as a bus stop or train station; or b. The accessory dwelling unit is located within an architecturally and historically significant historic district. For purposes of this provision, El Pueblo Viejo Landmark District constitutes an architecturally and historically significant historic district and any district hereafter created deemed to be architecturally and historically significant; or
c. The accessory dwelling unit is contained entirely within the permitted floor area of the existing primary residential unit or an existing accessory building; or
d. When on-street parking permits are required but not offered to the occupants of the accessory dwelling unit; or
e. When there is a carshare vehicle located within a walking distance of 500 feet of the accessory dwelling unit.

D. ALL OTHER UNITS. All other accessory dwelling units shall provide a minimum of one uncovered automobile parking space meeting all of the same parking standards required for the primary residential unit as described in subsection A, above.

E. OPTIONAL PARKING SPACES. If new parking spaces are proposed, but are not required, for either the primary residential unit or the accessory dwelling unit, those optional parking spaces shall comply with the development standards applicable to a residential unit within the zone in which the lot is located. Uncovered parking spaces may be located three feet from any interior lot line, provided a minimum of three feet in width of planting area is provided for the length of the paved parking area along the interior lot line.

28.86.085 Fire Hazard Area Standards.

All accessory dwelling units or junior accessory dwelling units located in any High Fire Hazard Area including the Coastal, Coastal Interior, Foothill and Extreme Foothill Areas, ATTACHMENT 4
SBMC 28.86

STAFF DRAFT SHOWING CHANGES

FROM CURRENT CODE DATE
23 as defined in the City’s Community Wildfire Protection Plan or as may be subsequently retitled in the future as a (“High” or “Very High Fire Hazard Severity Zone”) as defined in the Community Wildfire Protection Plan adopted by City Council, shall comply with the following standards as applicable to new construction or parking:

A. NO TANDEM PARKING. No parking space shall be developed in a tandem configuration.

B. HIGH FIRE CONSTRUCTION. The accessory dwelling unit shall be designed to meet high fire construction standards adopted or enforced by the City, as determined by the Chief Building Official or the Fire Code Official.

C. NO VARIANCE OR MODIFICATIONS. No variance or modification to any Fire Code requirements or high fire construction standards shall be permitted.

D. DEFENSIBLE SPACE. The site must meet defensible space requirements, pursuant to Chapter 8.04 of this Code and the policies of the Coastal Land Use Plan, prior to occupancy and those requirements must be maintained.

28.86.090 Development Standards for Special Accessory Dwelling Units.

A. DEVELOPMENT STANDARDS GENERALLY. The development standards listed in this section apply to specific types of small accessory dwelling units and junior accessory dwelling units with certain size, height, and setback standards that, if followed, allow for an accessory dwelling unit to be permitted on lots in a Fire Hazard Area, or more than one accessory dwelling unit on a lot, and allows additional reductions and exceptions to development standards for open yard and maximum floor area. Applications utilizing the special standards described in this section may not utilize the less restrictive configuration, size, and height standards allowed under another section to achieve a larger unit or more than one unit.

1. Any reductions and exceptions in this section are for the express purpose of promoting the development and maintenance of a special accessory dwelling unit or junior accessory dwelling unit on the lot. If for any reason the accessory dwelling ATTACHMENT 4
SBMC 28.86

STAFF DRAFT SHOWING CHANGES

FROM CURRENT CODE DATE
24 unit or junior accessory dwelling unit is no longer maintained on the lot, the lot shall be brought into compliance with all of the requirements for the remaining residential development, or with the legal nonconforming condition of the lot prior to the development of the accessory dwelling unit or junior accessory dwelling unit.

2. Except as otherwise specified in this section, projects developed in accordance with this chapter shall otherwise comply with the development standards applicable to the housing type and base zone in which the lot is located.

B. CONFIGURATION – SINGLE RESIDENTIAL UNIT LOTS. A lot developed with only one existing or proposed single residential unit, may permit one of the following types of special accessory dwelling units:

1. Converted Portion of Main Building. Only one accessory dwelling unit or junior accessory dwelling unit contained entirely within the existing, legally permitted, fully enclosed livable floor area of the existing or proposed primary residential unit; or

2. Converted Accessory Building. Only one accessory dwelling unit contained entirely within the existing, legally permitted, fully enclosed floor area of a garage or other accessory building on the same lot as the primary residential unit, plus one 150-square-foot conforming first floor addition, if the expansion is limited to accommodating ingress and egress; or

3. One Unit – New Construction. One newly constructed accessory dwelling unit, detached from any other main or accessory building; or

4. Two Units – Combination. One junior accessory dwelling unit contained entirely within the existing, legally permitted, fully enclosed livable floor area of the existing or proposed primary residential unit, plus one newly constructed or converted special accessory dwelling unit, detached from any other main or accessory building.

C. CONFIGURATION – TWO-UNIT, MULTI-UNIT, OR MIXED-USE LOTS. A lot developed with two or more existing or proposed residential units, or one or more ATTACHMENT 4
SBMC 28.86

STAFF DRAFT SHOWING CHANGES

FROM CURRENT CODE DATE
25 existing or proposed residential units in a mixed-use development, may permit one of the following types of special accessory dwelling units:

1. Converted Non-Livable Space. At least one Up to two accessory dwelling unit s, and or up to 25% of the existing number of residential units on a lot, whichever is greater, may be converted on a lot if contained entirely within portions of existing, legally permitted, fully enclosed floor area of a residential or mixed-use structure, or detached accessory structure, that is not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, upperfloor commercial areas, attached or detached carports, or garages; or

2. Two Units – New Construction. No more than two newly constructed accessory dwelling units, detached from any other main or accessory building.

3. Two Unit – Combination. One accessory dwelling unit contained entirely within the existing, legally permitted, fully enclosed non-livable floor area of a residential or mixed-use structure, or detached accessory structure; plus, one newly constructed accessory dwelling unit, detached from any other main or accessory building.

D. MAXIMUM FLOOR AREA.

1. Detached Accessory Dwelling Unit. The maximum floor area of any detached, new construction, special accessory dwelling unit, approved pursuant to this section, is 800 square feet; and each unit shall have no more than two bedrooms.

2. Converted Accessory Dwelling Unit. An accessory dwelling unit that is incorporated entirely within portions of existing floor area, approved pursuant to this section, is not limited in size.

3. Junior Accessory Dwelling Unit. The maximum floor area of a junior accessory dwelling unit shall not exceed 500 square feet.

E. MAXIMUM HEIGHT – DETACHED ACCESSORY DWELLING UNIT. The maximum building height of a detached, new construction, special accessory dwelling ATTACHMENT 4
SBMC 28.86

STAFF DRAFT SHOWING CHANGES

FROM CURRENT CODE DATE
26 unit approved pursuant to this section is 16 feet.18 feet and one story; an additional two feet in height is allowed if necessary to match the roof pitch and height of the primary residential unit.

F. EXEMPT FROM OTHER SIZE AND LOCATION LIMITATIONS. A special accessory dwelling unit or junior accessory dwelling unit approved pursuant to in compliance with this section is exempt from any other size or location limitations, based on a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open yard, front setback, and minimum lot size. including, but not limited to, the aggregate maximum floor area allowed for detached accessory buildings pursuant to Section 28.87.160 of this title, or the Maximum Net Floor Area (Floor to Lot Area Ratio) for One-Family Residence Zones per Section 28.15.083 of this title, or the provision in Section 28.90.001.B, Existing Parking Space, that requires nonconforming parking to be brought up to current standards if an enlargement of more than 50% of the existing net floor area is proposed.

G. EXEMPT FROM OPEN YARD. No open yard is required for a special accessory dwelling unit or junior accessory dwelling unit approved pursuant to this section. Open yard for any existing residential units on a lot may be reduced or eliminated entirely in order to permit a special accessory dwelling unit meeting all the standards and criteria in this section.

28.86.100 Permits and Processing.

All accessory dwelling units and junior accessory dwelling units shall comply with applicable state and local building codes and shall require approval of Coastal Development Permit and a building permit if required. The City shall ministerially approve or disapprove a complete building permit application for an accessory dwelling unit or junior accessory dwelling unit in compliance with time periods established by State law, following any applicable discretionary coastal permit approvals.

A. COMBINED PERMITS. An accessory dwelling unit or junior accessory dwelling unit permit shall not be combined with a permit for other proposed construction on the site unrelated to the accessory dwelling unit or junior accessory dwelling unit. If a permit ATTACHMENT 4
SBMC 28.86

STAFF DRAFT SHOWING CHANGES

FROM CURRENT CODE DATE
27 application for an accessory dwelling unit or junior accessory dwelling unit is submitted at the same time as a permit application for a new single-unit dwelling, review of the permit for the accessory dwelling unit or junior accessory dwelling unit application shall be delayed until the permit for the single-unit dwelling has been approved.

B. CHANGE IN OCCUPANCY. The construction of an accessory dwelling unit shall not constitute a Group R occupancy change, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the Building Official finds that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety. This clause does not apply when changing the occupancy code of a space that was unhabitable space or was only permitted for nonresidential use and was subsequently converted for residential use.

C. REVIEW OF APPLICATIONS. Applications for a permit to create an accessory dwelling unit or junior accessory dwelling unit shall be processed pursuant to Chapter 30.205, Common Procedures, and the specific requirements of this section. The City shall ministerially approve or disapprove a complete building permit application for an accessory dwelling unit or junior accessory dwelling unit in compliance with time periods established by state law. If the City disapproves an application for an accessory dwelling unit or junior accessory dwelling unit, the City shall return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.

D. PRE-EXISTING VIOLATIONS. The City shall not disapprove an application to create an accessory dwelling unit or junior accessory dwelling unit solely due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are unrelated to the construction of the accessory dwelling unit or junior accessory dwelling unit. However, any approvals granted under this section shall not constitute authorization for continuation of the violation, or waiver of or estoppel against any future enforcement action.

E. COMBINED PERMITS. An accessory dwelling unit or junior accessory dwelling unit permit shall not be combined with a permit for other proposed construction on the site unrelated to the accessory dwelling unit or junior accessory dwelling unit; except that:

ATTACHMENT 4
SBMC 28.86

STAFF DRAFT SHOWING CHANGES

FROM CURRENT CODE DATE
28 1. Demolition permits for a detached garage that is to be replaced with an accessory dwelling unit may be reviewed with the application for the accessory dwelling unit and issued at the same time; and

2. A permit application for an accessory dwelling unit or junior accessory dwelling unit may be submitted at the same time as a permit application for a new primary residential unit; however, approval of the permit for the accessory dwelling unit or junior accessory dwelling unit application shall be delayed until the permit for the primary residential unit has been approved and issued. A certificate of occupancy/final inspection for an accessory dwelling unit shall not be issued before a certificate of occupancy/final inspection is issued for the primary residential unit.

BF. MODIFICATIONS. An accessory dwelling unit or junior accessory dwelling unit that is not in compliance with the development standards of this chapter may be granted a modification if all the required findings can be met, pursuant to the procedures outlined in Section 28.92.110, Modifications, of this title.

CG. POSTED SIGN. Within five calendar days after submitting an initial permit application to the City, the property owner shall install a public notice in the form of a posted sign on the property in a manner deemed acceptable by the Community Development Director., as follows: The sign shall remain posted until a building permit is issued, or the application expires or is withdrawn. At the time of application submittal, the applicant shall sign an affidavit stating that he or she will post the required sign per this subsection. The validity of the permit shall not be affected by the failure of any property owner, resident, or neighborhood or community organization to receive this notice.

1. The sign shall remain posted until a building permit is issued, or the application expires or is withdrawn.

2. At the time of application submittal, the applicant shall sign an affidavit stating that the required sign will be posted per this subsection.

3. The validity of the permit shall not be affected by the failure of any property owner, resident, or neighborhood or community organization to receive this notice.

ATTACHMENT 4
SBMC 28.86

STAFF DRAFT SHOWING CHANGES

FROM CURRENT CODE DATE
29 4. The requirement for a posted sign does not apply to a project that only includes the demolition of a detached garage that is to be replaced with an accessory dwelling unit, unless the property is located within an architecturally and historically significant historic district.

DH. RECORDED AGREEMENT. Before obtaining a building permit for an accessory dwelling unit or junior accessory dwelling unit, the property owner shall execute an agreement, containing a reference to the deed under which the property was acquired by the present owner which outlines the requirements regarding the sale, rental, and owner occupancy of lots developed with accessory dwelling units and junior accessory dwelling units as specified in Section 28.86.040 of this chapter.

EI. RESIDENTIAL DENSITY. An accessory dwelling unit or junior accessory dwelling unit is a residential use that is consistent with the existing Coastal Land Use Plan designation and zoning for lots within the allowable residential zones. Any accessory dwelling unit or junior accessory dwelling unit permitted pursuant to this section does not exceed the allowable density for the lot upon which the accessory dwelling unit or junior accessory dwelling unit is located.

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: December 6, 2022
TO: Mayor and Councilmembers
FROM: City Administrator’s Office
SUBJECT: Employee Recognition – Service Award Pins
RECOMMENDATION:

That Council authorize the City Administrator to express the City’s appreciation to employees who are eligible to receive service award pins for their years of service through December 31, 2022.

DISCUSSION:

The City appreciates the loyalty to the community and the dedication to public service that are demonstrated by City employees throughout the organization every day. Since 1980, the City Employees’ Recognition Program has recognized length of City Service. Service award pins are presented to employees for every five years of service. Those employees achieving 25 years of service or more are eligible to receive their pins in front of the City Council.

Attached is a list of those employees who will be awarded pins for their service through December 31, 2022.

ATTACHMENT(S): December 2022 Service Awards
PREPARED BY: Talhia Dorado, Administrative Specialist
SUBMITTED BY: Rebecca Bjork, City Administrator
APPROVED BY: City Administrator's Office
Agenda Item No. 1
File Code No. 120.04

ATTACHMENT
December 2022 SERVICE AWARDS
December 6, 2022 Council Meeting
5 Years
Daniel Hentschke, Assistant City Attorney IV, City Attorney's Office Department Shelly Cone, Community Engagement officer/PIO, City Administrator's Office Department Greta Walters, Administrative Assistant-Confidential, Community Development Department 10 YEARS
Christopher Braden, Fire Services Specialist, Fire Department Laura Arrol, Police Records Specialist, Police Department Christi Velasquez, Administrative Analyst III, Public Works Department 15 YEARS
Adam Daniels, Custodian, Public Works Department
20 YEARS
Kathleen Kennedy, Project Planner, Community Development Department 25 Years
Stanley Macias, Painter, Airport Department
30 Years
Douglas Wilson, Plumber, Public Works Department
11/01/2022 Santa Barbara City Council Minutes Page 1 of 6

CITY OF SANTA BARBARA

CITY COUNCIL MINUTES

REGULAR MEETING
NOVEMBER 1, 2022
COUNCIL CHAMBERS, 735 ANACAPA STREET

CALL TO ORDER
Mayor Randy Rowse called the meeting to order at 2:01 p.m. (The Finance Committee met at 12:30 p.m. The Ordinance Committee, which normally meets at 12:30 p.m., did not meet on this day.)

PLEDGE OF ALLEGIANCE
Mayor Rowse.

ROLL CALL
Councilmembers present: Eric Friedman, Alejandra Gutierrez, Oscar Gutierrez, Meagan Harmon, Mike Jordan, Kristen W. Sneddon, Mayor Rowse.

Councilmembers absent: None.

Staff present: City Administrator Rebecca Bjork, Acting City Attorney Sarah Knecht, Deputy City Clerk Niko Lopez.

CEREMONIAL ITEMS

Action: City Administrator Rebecca Bjork read the names of employees receiving service award pins.

CHANGES TO THE AGENDA

PUBLIC COMMENT
Members of the Public: Aron Ashland.

Agenda Item No. 2
11/01/2022 Santa Barbara City Council Minutes Page 2 of 6 CONSENT CALENDAR (Items 2 – 7)
The titles of the Resolutions and Ordinances were read.

Motion:

Councilmembers A. Gutierrez/Friedman to approve the Consent Calendar as recommended.

Vote:

Unanimous roll call vote.

2. Subject: Minutes
Recommendation: That Council waive reading and approve the minutes of the regular meeting of October 11, 2022.

Action: Approved the recommendation.

3. Subject: Single Family Design Board Membership Criteria and Quorum Requirements [Ordinance Adoption] (140.02)
Recommendation: That Council adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Amending Santa Barbara Municipal Code Section 22.69.010 to Revise the Membership of the Single Family Design Board.

Action: Approved the recommendation; Ordinance No. 6091.

4. Subject: Amendment to the Single Family Design Board Guidelines [Resolution] (140.02)
Recommendation: That Council adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending the Single Family Design Board General Design Guidelines and Meeting Procedures to Change the Membership Requirements and Adopt Rosenberg’s Rules of Order.

Action: Approved the recommendation; Resolution No. 22-116 (November 1, 2022 Council Agenda Report and any attachments).

5. Subject: Approval of Benefits Administration Contract [Agreement] (430.06) Recommendation: That Council Authorize the City Administrator to enter into an agreement with Benefit Coordinators Corporation for employee benefits administration services effective November 1, 2022.

Action: Approved the recommendation; Agreement No. 28,213 (November 1, 2022 Council Agenda Report and any attachments).
11/01/2022 Santa Barbara City Council Minutes Page 3 of 6

6. Subject: Reschedule a Date for Public Hearing Regarding Single Family Design Board’s Project Design Approval for 691 Hope Ave (640.07) Recommendation: The public hearing previously scheduled for November 1, 2022 and the site visit scheduled for October 31, 2022 regarding the appeal of the Single Family Design Board’s March 28, 2022 decision to grant Project Design Approval of 691 Hope Ave has been continued to a public hearing on January 24, 2023 and a site visit on January 23, 2023 pursuant to an agreement by the parties.

Action: Approved the recommendation.

7. Subject: Set a Date for Public Hearing Regarding Planning Commission's Project Design Approval for 2315 Edgewater Way (640.07) Recommendation: That Council:

A. Set the date of February 7, 2023, at 2:00 p.m. for hearing the appeals filed by Mahesh Balakrishnan and Jill Ryan of the Planning Commission's Approval of a Coastal Development Permit for a new single-unit residence and Accessory Dwelling Unit at 2315 Edgewater Way and
B. Set the date of February 6, 2023, at 1:30 p.m. for a site visit to the property located at 2315 Edgewater Way.

Action: Approved the recommendations.

This concluded the Consent Calendar.

REPORT FROM THE FINANCE COMMITTEE
Ordinance Committee Chair Friedman reported that the Committee discussed two items.

The first item was a discussion on restructuring the South Coast Housing Inc. loan Holiday Mobile Home Park at 1212 Punta Gorda Street, and the Committee supported the staff recommendation. The second item was a discussion on how to appropriate Fiscal Year 2022 preliminary General Fund operating surplus.

CITY COUNCIL ADMINISTRATIVE AND ATTORNEY REPORTS

PUBLIC WORKS DEPARTMENT

8. Subject: Capital Improvement Projects Status Report (530.01) Recommendation: That Council receive this status report regarding recently completed Capital Improvement Program projects, as well as projects currently in design or construction.
11/01/2022 Santa Barbara City Council Minutes Page 4 of 6 Documents:
- November 1, 2022 Council Agenda Report and any attachments - PowerPoint Presentation prepared and made by staff
Speakers:
- Staff: City Engineer Brian D’Amour, Public Works Director Cliff Maurer. - Members of the Public: None.

Discussion:
- Councilmembers’ questions were answered.

COUNCILMEMBER COMMITTEE ASSIGNMENT REPORTS
Councilmember Friedman reported on their attendance or made the following comment(s): 1. Mayor’s breakfast; 2. Coastal Housing Coalition housing conference; 3.

Central Coast water authority; 4. Rock the Block downtown party; 5. Jody House fundraiser; 6. Local government Coastal Coalition working group; 7. San Marcos High School Apple Academy Day of Caring.

Councilmember O. Gutierrez reported on their attendance or made the following comment(s): 1. Mayor’s breakfast; 2. Attended SB Housing Conference at Carrillo Recreation Center; 3. SB County e-bike meeting; 4. SB ACT homelessness collaborative meeting; 5. Santa Barbara hospitality career fair; 6. Events and Festivals Committee; 7.

Ribbon cutting of Fusion Academy; 8. Rock the Block party; 9. Jody House Fundraiser;

10. CommUnify board retreat; 11. SB PAL trunk-or-treat; 12. Acknowledged the deaths of Richard Bernard Pico, and Colonel Thomas Ruben Hidalgo.

Councilmember Sneddon reported on their attendance or made the following comment(s): 1. Creek’s Committee; 2. Mayor’s breakfast; 3. Olive Mill roundabout community meeting; 4. County affordable housing taskforce; 5. Downtown Rock the Block block party; 6. Jody House fundraiser; 7. Happy birthday to Holly Perea.

Mayor Rowse reported on their attendance or made the following comment(s): Mayor’s breakfast; 2. Housing and financing conference; 3. Jody House fundraiser; 4. Summit for Danny.

MAYOR AND COUNCIL REPORTS

9. Subject: Interviews for City Advisory Groups (140.05) Recommendation: That Council:

A. Hold interviews of applicants to various City Advisory Groups (Est. time 4:00 p.m.); and
11/01/2022 Santa Barbara City Council Minutes Page 5 of 6 B. Continue interviews of applicants to November 8, 2022 (Est. time 4:00 p.m.) and November 15, 2022 (Est. time 6:00 p.m.).

Documents:
- November 1, 2022 Council Agenda Report and any attachments - PowerPoint Presentation prepared and made by staff
Speakers:
- Staff: Deputy City Clerk Niko Lopez
- Members of the Public: None.

RECESS
3:44 p.m. – 4:02 p.m.

Applicant Speakers: Committee:

Paul Bowen Airport Commission
Topaz Grabman Airport Commission
Peter Ivory Airport Commission
Karen Kahn Airport Commission
Julian Sarafian Citizens’ Oversight Committee
Henry Freund Civil Service Commission
Barbara Hershberg County of Santa Barbara Library
Advisory Committee
Dennis Doordan Historic Landmarks Commission
Amber Caldwell Library Board
Lucille Boss Planning Commission
Jaime Limon Sign Committee
Ken Sorgman Sign Committee
Jonathan Ziegler Sign Committee
Joseph Moticha Single Family Design Board
Kathryn Gerpheide Single Family Design Board
Hillary Blackerby Transportation and Circulation
Committee
Kathleen Rodriguez Transportation and Circulation
Committee
Conrad Metzenberg applied for the Transportation and Circulation Committee but requested to be considered for the Harbor Commission instead. They interviewed for the Harbor Commission and were added for consideration.
11/01/2022 Santa Barbara City Council Minutes Page 6 of 6 Jonathan Ziegler applied and interviewed for the Sign Committee and Harbor Commission, but requested to be considered for the Single Family Design Board. They will be added for consideration to the Single Family Design Board.

Discussion:
- Councilmembers’ questions were answered.

COUNCIL AND STAFF COMMUNICATIONS

PUBLIC COMMENT (IF NECESSARY)

ADJOURNMENT
Mayor Rowse adjourned the meeting at 5:05 p.m.

Approved and adopted by the City Council of the City of Santa Barbara on December 6, 2022.

SANTA BARBARA CITY COUNCIL SANTA BARBARA

CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________

RANDY ROWSE SARAH GORMAN

MAYOR CITY CLERK SERVICES MANAGER
11/08/2022 Santa Barbara City Council Minutes Page 1 of 8

CITY OF SANTA BARBARA

CITY COUNCIL MINUTES

REGULAR MEETING
NOVEMBER 8, 2022
COUNCIL CHAMBERS, 735 ANACAPA STREET
320-A WEST ORTEGA STREET, SANTA BARBARA, CA 93101;
1030 CACIQUE STREET, SANTA BARBARA CA 93103

CALL TO ORDER
Mayor Randy Rowse called the meeting to order at 2:00 p.m. (The Finance Committee and Ordinance Committee, which ordinarily meet at 12:30 p.m., did not meet this day.)

PLEDGE OF ALLEGIANCE
Mayor Rowse.

ROLL CALL
Councilmembers present: Eric Friedman, Alejandra Gutierrez, Oscar Gutierrez, Meagan Harmon, Kristen W. Sneddon, Mayor Rowse.

Councilmembers absent: Mike Jordan.

Staff present: City Administrator Rebecca Bjork, Acting City Attorney Sarah Knecht, City Clerk Services Manager Sarah Gorman.

CEREMONIAL ITEMS

1. Subject: National Law Enforcement Records and Support Services Day (120.04)
Action: Proclamation received by Police Chief Kelly Gordon and Police staff.

CHANGES TO THE AGENDA

PUBLIC COMMENT
Members of the public: Kerri Burns, Kim Dewitt; Dean Noble. 11/08/2022 Santa Barbara City Council Minutes Page 2 of 8 CONSENT CALENDAR (Items 2 – 9)
The titles of the Resolutions and Ordinances were read.

Motion:

Councilmembers Friedman/O. Gutierrez to approve the Consent Calendar as recommended.

Vote:

Unanimous roll call vote.

2. Subject: Minutes
Recommendation: That Council waive reading and approve the minutes of the regular meeting of October 18, 2022; and the two special meetings of October 18, 2022.

Action: Approved the recommendation.

3. Subject: Restructure of South Coast Housing Inc. Loan (Holiday Mobile Home Park) 1212 Punta Gorda Street [Ordinance Introduction] (660.04) Recommendation: That City Council introduce and subsequently adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Approving a Restated Loan Agreement with South Coast Housing, Inc. a California Nonprofit Public Benefit Corporation, Secured by a Restated Deed of Trust, and New NinetyYear Affordability Control Covenant Imposed on Real Property Located at 1212 Punta Gorda; and Authorizing the Community Development Director to Execute Such Agreements, Subject to Approval as to Form by the City Attorney, as necessary.

Action: Approved the recommendation (November 8, 2022 Council Agenda Report and any attachments; Proposed Ordinance).

4. Subject: Acceptance of Homeland Security Grant [Resolution; Agreement] (520.04)
Recommendation: That Council:

A. Accept a grant for $78,992 for the procurement of law enforcement equipment; and
B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 22-059, Adopting the Budget for Fiscal Year 2023, to Approve an Increase of Revenue and Expenditure Appropriations in Fiscal Year 2023 in the Police Department Miscellaneous Grants Fund Budget in the Amount of $78,992.
11/08/2022 Santa Barbara City Council Minutes Page 3 of 8 Action: Approved the recommendation; Resolution No. 22-117; Agreement No. 28,214 (November 8, 2022 Council Agenda Report and any attachments).

5. Subject: Community Promotion Agreement with Old Spanish Days [Agreement] (180.02)
Recommendation: That Council authorize the City Administrator to execute a community promotion agreement with Old Spanish Days in an amount of $100,977, covering the period from July 1, 2022 to June 30, 2023.

Action: Approved the recommendation; Agreement No. 28,215 (November 8, 2022 Council Agenda Report and any attachments).

6. Subject: Contract with the Santa Barbara South Coast Chamber of Commerce to Support Visitor Information Center Operations [Agreement] (180.02)
Recommendation: That Council authorize the City Administrator to execute an annual community promotion contract with the Santa Barbara South Coast Chamber of Commerce in an amount of $59,500.

Action: Approved the recommendation; Agreement No. 28,216 (November 8, 2022 Council Agenda Report and any attachments).

7. Subject: Approval of a Mills Act Historic Property Tax Reduction for 401 East Pedregosa Street [Agreement] (610.01)
Recommendation: That Council:

A. Grant exception to the Mills Act contract threshold for assessed property valuation, pursuant to Santa Barbara Municipal Code §30.157.145.C.4.m., for a designated Structure of Merit at 401 East Pedregosa Street (APN 025- 393-012); and
B. Authorize the Community Development Director to execute the Mills Act historic property contract.

Action: Approved the recommendation (November 8, 2022 Council Agenda Report and any attachments).

8. Subject: Approval of Banking Services and Custodial Agreements [Agreement] (210.03)
Recommendation: That Council approve the Fifth Amendment to Agreement No. 25036 with MUFG Union Bank for banking and trust custodial services, executing 11/08/2022 Santa Barbara City Council Minutes Page 4 of 8 a 12-month extension at a net cost estimated at $1,600 per month for the banking services and $3,000 for the trust custodial services.

Action: Approved the recommendation; Agreement No. 25,036.5 (November 8, 2022 Council Agenda Report and any attachments).

9. Subject: Self Insured Workers' Compensation Program Annual Report (350.01)
Recommendation: That Council receive the Annual Self Insured Workers’ Compensation Program Annual Report for the year ended June 30, 2022.

Action: Approved the recommendation (November 8, 2022 Council Agenda Report and any attachments).

This concluded the Consent Calendar.

CITY COUNCIL ADMINISTRATIVE AND ATTORNEY REPORTS

PUBLIC HEARINGS

10. Subject: 2022 California Building and Fire Codes Adoption [Ordinance Introduction] (640.04)
Recommendation: That Council:

A. Introduce, and subsequently adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Amending Chapter 22.04 of the Municipal Code and Adopting by Reference the 2022 Edition of the California Building Code, Volumes 1 and 2; the 2022 Edition of the California Residential Code; the 2022 Edition of the California Electrical Code; the 2022 Edition of the California Mechanical Code; the 2022 Edition of the California Plumbing Code; the 2022 Edition of the California Energy Code; the 2022 Edition of the California Historical Building Code; the 2022 Edition of the California Existing Buildings Code; the 2022 Edition of the California Green Building Standards Code; the 2022 Edition of the California Referenced Standards Code; and the 2021 International Property Maintenance Code; Adopting Local Revisions to Those Codes; and Repealing Ordinance Number 5919; and
B. Introduce, and subsequently adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Amending Chapter 8.04 of the Municipal Code and Adopting by Reference the 2021 Edition of the International Fire Code, Including Appendix Chapter 4 and Appendices B, BB, C, CC, and H of That Code, and the 2022 California Fire Code with Local Amendments to Both Codes.
11/08/2022 Santa Barbara City Council Minutes Page 5 of 8 Documents:
- November 8, 2022 Council Agenda Report and any attachments - PowerPoint Presentation prepared and made by staff
- Proposed Ordinances.

Speakers:
- Staff: City Building Official Christina Dye; Fire Marshal Ryan DiGiulio; Assistant City Attorney John Doimas; Administrative Analyst Marck Aguilar. - Members of the Public: Roy Harthorn; Cassandra Ensberg.

Discussion:
- Councilmembers’ questions were answered.

Motion:

Councilmembers Friedman/ O. Gutierrez for the staff recommendation with staff direction to determine process to resolve light issue in line with other staff priorities.

Vote:

Unanimous roll call vote (Absent: Councilmember Jordan).

COUNCIL AND STAFF COMMUNICATIONS

COUNCILMEMBER COMMITTEE ASSIGNMENT REPORTS
Councilmember O. Gutierrez reported on their attendance or made the following comment(s): 1. Sister Cities board meeting; 2. Day of the Dead event at Ortega Park; 3.

CommUnify board meeting; 4. SBACT Collective Gratitude event at Alameda Park; 5.

Elected Leaders’ Forum; 6. PAL event; 7. Olive Mill Roundabout construction kickoff; 8.

Ken Williams Barbeque at Mesa Park; 9. Salute to Teachers at Music Academy; 10.

Hispanic Chamber Mariachi fundraiser.

Councilmember Sneddon reported on their attendance or made the following comment(s): 1. Met with mom and pop property owners; 2. Elected Leaders’ Forum; 3.

CCRB; 4. 700 block of State Street outreach efforts; 5. Riviera Association meeting.

Councilmember Friedman reported on their attendance or made the following comment(s): 1. PAL event; 2. Salute to Teachers; 3. BEACON meeting.

Mayor Rowse reported on their attendance or made the following comment(s): 1. Zoo partners’ breakfast; 2. Habitat for Humanity event; 3. Olive Mill Roundabout construction kickoff; 4. Alzheimer's Association walk.

PUBLIC COMMENT (IF NECESSARY)
The meeting recessed to closed session at 3:06 p.m.
11/08/2022 Santa Barbara City Council Minutes Page 6 of 8 Councilmember A. Gutierrez was excused from the meeting at 3:06 p.m.

CLOSED SESSIONS

13. Subject: Conference with City Attorney – Existing Litigation – Gov. Code §54956.9(d)(1) (160.03)
Recommendation: That Council hold a closed session to consider pending litigation pursuant to subsection (d)(1) of section 54956.9 of the Government Code and take appropriate action as needed.

The pending litigation is John Williams v. City of Santa Barbara WCAB Case Nos.:

ADJ12512037, ADJ10611043, ADJ14212159, ADJ unassigned.

Scheduling: Duration 15 mins; anytime
Report: None anticipated
Document:
- November 8, 2022, report from the Acting City Attorney Time:
- 3:06 p.m.– 3:13 p.m.

No report made.

Councilmember A. Gutierrez returned to the meeting at 3:13 p.m.

Councilmember Harmon was excused from the meeting at 3:13 p.m.

12. Subject: Conference with Labor Negotiator (440.02)
Recommendation: That Council hold a closed session pursuant to the authority of Government Code Section 54957.6 to consider instructions to City negotiator Wendy Levy, Human Resources Director, Sam Ramirez, Labor Relations Manager, John Doimas, Assistant City Attorney, Keith DeMartini, Finance Director, Chris Mailes, Fire Chief regarding negotiations with, Santa Barbara City Employees’ Association (General Bargaining Unit) Local 620 Service Employees’ International Union, Service Employees’ International Union, Local 620, Treatment and Patrol and Hourly Bargaining Units, Fire Management Association, Santa Barbara City Firefighters Association, Police Officers Association, Police Management Association, Santa Barbara City Supervisory Employees, and Unrepresented Management and Confidential Employees.

SCHEDULING: Duration, 40 Minutes; anytime
11/08/2022 Santa Barbara City Council Minutes Page 7 of 8 REPORT: None anticipated
Document:
- November 8, 2022, report from the City Administrator
Time:
- 3:13 p.m.– 3:50 p.m.

No report made.

Councilmember Harmon returned to the meeting at 3:50 p.m.

MAYOR AND COUNCIL REPORTS

11. Subject: Interviews for City Advisory Groups (140.05) 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 November 15, 2022. (Est. time 6:00 p.m.)
Documents:
- November 8, 2022 Council Agenda Report and any attachments Speakers:
- Members of the Public: None.

Applicant Speakers: Committee:

Dennis Houghton Airport Commission
Nick Koonce Access Advisory Committee
Laura Dorfman Arts Advisory Committee
Serena Lee Arts Advisory Committee
Lynda Dees Community Events and Festivals
Sarah McLelland Community Events and Festivals
Penny Owens Creeks Advisory Committee
Suzanne Cohen Harbor Commission
Robert Ooley Historic Landmarks Commission
Thomas Sekula Historic Landmarks Commission
Thomas Sekula Sign Committee
11/08/2022 Santa Barbara City Council Minutes Page 8 of 8 Nancy Henderson Library Board
Jeffrey Chang Library Board
Ann Pena Neighborhood Advisory Council
Rigoberto Gutierrez Rental Housing Mediation Board
Councilmember Harmon was excused from the meeting at 4:44 p.m.

ADJOURNMENT
Mayor Rowse adjourned the meeting at 4:58 p.m.

Approved and adopted by the City Council of the City of Santa Barbara on December 6, 2022.

SANTA BARBARA CITY COUNCIL SANTA BARBARA

CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________

RANDY ROWSE SARAH GORMAN

MAYOR CITY CLERK SERVICES MANAGER
11/15/2022 Santa Barbara City Council Minutes Page 1 of 8

CITY OF SANTA BARBARA

CITY COUNCIL MINUTES

REGULAR MEETING
NOVEMBER 15, 2022
COUNCIL CHAMBERS, 735 ANACAPA STREET

CALL TO ORDER
Mayor Randy Rowse called the meeting to order at 2:00 p.m. (The Finance Committee met at 12:30 p.m. The Ordinance Committee, which ordinarily meets at 12:30 p.m., did not meet this day.)

PLEDGE OF ALLEGIANCE
Mayor Rowse.

ROLL CALL
Councilmembers present: Eric Friedman, Alejandra Gutierrez, Oscar Gutierrez, Meagan Harmon, Kristen W. Sneddon, Mayor Rowse.

Councilmembers absent: Mike Jordan.

Staff present: City Administrator Rebecca Bjork, Acting City Attorney Sarah Knecht, City Clerk Services Manager Sarah Gorman.

CEREMONIAL ITEMS

1. Subject: Family Stories Month Honoring the 50th Anniversary of the SBC Genealogical Society - November 2022 (120.04)
Action: Proclamation received by Art Sylvester.

CHANGES TO THE AGENDA

PUBLIC COMMENT
Members of the Public: Cass Enberg; Eplanet Thunderstriker; E. Howard Green; Aron Ashland.
11/15/2022 Santa Barbara City Council Minutes Page 2 of 8 CONSENT CALENDAR (Item Nos. 2 – 9)
The titles of the Resolutions and Ordinances were read.

Motion:

Councilmembers A. Gutierrez/ Harmon to approve the Consent Calendar as recommended.

Vote:

Unanimous roll call vote (Absent: Councilmember Jordan).

2. Subject: Minutes
Recommendation: That Council waive reading and approve the minutes of the regular meeting of October 25, 2022.

Action: Approved the recommendation.

3. Subject: Restructure of South Coast Housing Inc. Loan (Holiday Mobile Home Park) 1212 Punta Gorda Street [Ordinance Adoption] (660.04) Recommendation: That City Council adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Approving a Restated Loan Agreement with South Coast Housing, Inc. a California Nonprofit Public Benefit Corporation, Secured by a Restated Deed of Trust, and New Ninety-Year Affordability Control Covenant Imposed on Real Property Located at 1212 Punta Gorda; and Authorizing the Community Development Director to Execute Such Agreements, Subject to Approval as to Form by the City Attorney, as Necessary.

Action: Approved the recommendation; Ordinance No. 6092.

4. Subject: 2022 California Building and Fire Codes Adoption [Ordinance Adoption] (640.04)
Recommendation: That Council:

A. Adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Amending Chapter 22.04 of the Municipal Code and Adopting by Reference the 2022 Edition of the California Building Code, Volumes 1 and 2; the 2022 Edition of the California Residential Code; the 2022 Edition of the California Electrical Code; the 2022 Edition of the California Mechanical Code; the 2022 Edition of the California Plumbing Code; the 2022 Edition of the California Energy Code; the 2022 Edition of the California Historical Building Code; the 2022 Edition of the California Existing Buildings Code; the 2022 Edition of the California Green Building Standards Code; the 2022 Edition of the California Referenced Standards Code; and the 2021 International Property Maintenance Code; Adopting 11/15/2022 Santa Barbara City Council Minutes Page 3 of 8 Local Revisions to Those Codes; and Repealing Ordinance Number 5919; and
B. Adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Amending Chapter 8.04 of the Municipal Code and Adopting by Reference the 2021 Edition of the International Fire Code, Including Appendix Chapter 4 and Appendices B, BB, C, CC, and H of That Code, and the 2022 California Fire Code with Local Amendments to Both Codes.

Action: Approved the recommendations; Ordinance No. 6093; Ordinance No. 6094 (November 15, 2022 Council Agenda Report and any attachment).

5. Subject: Designation of the Sustainability and Resilience Department as the Entity Responsible for Enforcement of Municipal Code Chapters 9.150 and

9.165 [Ordinance Introduction] (630.02)
Recommendation: That Council introduce and subsequently adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Amending Sections 9.150.070 and 9.165.050 of the Santa Barbara Municipal Code (SBMC) to Designate the Sustainability and Resilience Department as the Entity Responsible for Enforcement and Make Corresponding Changes Consistent with State Law.

Action: Approved the recommendation (November 15, 2022 Council Agenda Report and any attachments; Proposed Ordinance).

6. Subject: Fiscal Year 2023 First-Quarter Review (250.02) Recommendation: That Council:

A. Receive a report from staff on the status of revenues and expenditures in relation to the budget for the three months ended September 30, 2022; B. Accept the Fiscal Year 2023 Interim Financial Statements for the three months ended September 30, 2022; and
C. Approve the proposed first quarter adjustments to Fiscal Year 2023 appropriations and estimated revenues as detailed in the attached schedule of Proposed First Quarter Adjustments.

Action: Approved the recommendations.
11/15/2022 Santa Barbara City Council Minutes Page 4 of 8

7. Subject: Construction Management Services for Fiscal Year 2021B Water Main Replacement Project [Agreement] (540.06)
Recommendation: That Council authorize the Public Works Director to execute a professional services contract with Flowers & Associates, Inc. in the amount of $344,577 for construction management and inspection services for the Fiscal Year 2021B Water Main Replacement Project, and approve expenditures of up to $34,458 for potential extra services that may result from necessary changes in the scope of work.

Action: Approved the recommendation; Agreement No. 28,217 (November 15, 2022 Council Agenda Report and any attachments).

8. Subject: On-Call Water Main Design Services for Water Main Replacement Program [Agreements] (540.06)
Recommendation: That Council:

A. Authorize the Public Works Director to execute a City Professional Services Agreement with Stantec Consulting Services Inc. in an amount not to exceed $3,000,000 for on-call water main design services for a term of up to five years; and
B. Authorize the Public Works Director to execute a City Professional Services Agreement with Cannon Corporation in an amount not to exceed $3,000,000 for on-call water main design services for a term of up to five years.

Action: Approved the recommendations; Agreement No. 28,218; Agreement No. 28,219 (November 15, 2022 Council Agenda Report and any attachments).

9. Subject: Cancellation of Certain Council Meetings in 2023 (120.09) Recommendation: That Council cancel the regular Council Meetings on the following dates: January 3, January 17, February 21, March 28, April 4, May 30, June 20, July 4, July 11, August 8, August 15, September 5, November 14, November 21, November 28, December 19, and December 26, 2023.

Action: Approved the recommendation.

This concluded the Consent Calendar.

REPORT FROM THE FINANCE COMMITTEE
Finance Committee Chair Friedman reported that the Finance Committee performed the Fiscal Year 2023 First-Quarter Review.
11/15/2022 Santa Barbara City Council Minutes Page 5 of 8

CITY COUNCIL ADMINISTRATIVE AND ATTORNEY REPORTS

PUBLIC WORKS DEPARTMENT

10. Subject: Update on Santa Barbara County Association of Governments Broadband Strategic Plan (150.03)
Recommendation: That Council receive and comment on a presentation by the Santa Barbara County Association of Governments and the Broadband Consortium of the Pacific Coast on the published Strategic Plan.

Documents:
- November 15, 2022 Council Agenda Report and any attachments - PowerPoint Presentation prepared and made by Santa Barbara County Speakers:
- Staff: Principal Engineer Adam Hendel.
- Santa Barbara County Association of Governments: Michael Becker. - Consultant: Maria Kelly.
- Members of the Public: Eleanor Gartner; Howard Green.

Discussion:
- Councilmembers’ questions were answered.

SUSTAINABILITY AND RESILIENCE

11. Subject: Consideration of Changes to Solid Waste Programs and Services for Inclusion in a New Solid Waste Franchise Agreement with MarBorg Industries (630.02)
Recommendation: That Council direct staff to include proposed changes to solid waste programs and services in negotiations for a new Solid Waste Franchise Agreement with MarBorg Industries, including implementation of industry standard residential curbside cart collection.

Documents:
- November 15, 2022 Council Agenda Report and any attachments. - PowerPoint Presentation prepared and made by staff.

Speakers:
- Staff: Environmental Services Supervisor Lorraine Cruz-Carpenter; Environmental Services Specialist Dustin Merback.
- R3 consultants: Garth Shultz.
- Members of the Public: E. Howard Green.
11/15/2022 Santa Barbara City Council Minutes Page 6 of 8 Discussion:
- Councilmembers’ questions were answered.

Motion:

Councilmembers Friedman/Harmon to approve the staff recommendation Vote:

Unanimous roll call vote (Absent: Jordan.)
Councilmember Harmon was excused at 3:40 p.m.

RECESS
3:40 p.m. – 6:01 p.m.

CEREMONIAL ITEM (ESTIMATED TIME 6 P.M.)

12. Subject: United Boys and Girls Club Gold Card Recipients - 6 p.m. Estimated Time (120.04)
Action: Proclamation received by Michael Baker, United Boys and Girls Club.

MAYOR AND COUNCIL REPORTS

13. Subject: Interviews for City Advisory Groups (140.05) Recommendation: That Council hold interviews of applicants to various City Advisory Groups (Est. time 6:00 p.m.).

Documents:
- November 15, 2022 Council Agenda Report and any attachments Speakers:
- Members of the Public: None.

Applicant Speakers: Committee:

Donald DeLuccio Planning Commission
Carl Hopkins Airport Commission
Bruce Miller Airport Commission
Lori Gaskin Creeks Advisory Committee
Elizabeth Cramer Harbor Commission
Jaimie Diamond Harbor Commission
Cecilia Harris Library Board
Daniel Ramirez Living Wage Advisory Committee
11/15/2022 Santa Barbara City Council Minutes Page 7 of 8 Anita Vranjes Sister Cities Board
Mark Philibosian Sister Cities Board
Richard Smith Transportation and Circulation
Committee
Larry Bickford Transportation and Circulation
Committee
Lindsey Charles Civil Service Commission

COUNCIL AND STAFF COMMUNICATIONS

COUNCILMEMBER COMMITTEE ASSIGNMENT REPORTS
Councilmember Friedman reported on their attendance or made the following comment(s): 1. High School Showcase at Earl Warren Showground; 2. Park Foundation Board meeting; 3. Friendship center Veteran’s Center; 4. Veteran’s Day Ceremony at Santa Barbara Cemetery; 5. Ortega Park Community Meeting; 6. League of Cities legislative briefing; 7. Seinfeld show.

Councilmember O. Gutierrez reported on their attendance or made the following comment(s): 1. Farmer’s Bank meet the new Police Chief event; 2. High School Showcase at Earl Warren Showgrounds; 3. CAUSE meeting; 4. Veteran’s Day ceremony at Santa Barbara Cemetery; 5. Ortega Park meeting; 6. NAC meeting; 7. SBCAN fundraiser; 8. Wildlife Animal Care Network event.

Councilmember Sneddon reported on their attendance or made the following comment(s): 1. Nuclear Age Peace Foundation; 2. Interactive art show at Moxi; 3.

Veteran’s Day celebration; 4. Upper East Annual Meeting; 5. Wildlife Animal Care Network event; 6. SBCAN event; 7. Direct Relief event; 8. COMB meeting.

Mayor Rowse reported on their attendance or made the following comment(s): 1. Lunch with Mayor for Lunch donation; 2. Apple Academy.

PUBLIC COMMENT (IF NECESSARY)

ADJOURNMENT
Mayor Rowse adjourned the meeting at 703 p.m.
11/15/2022 Santa Barbara City Council Minutes Page 8 of 8 Approved and adopted by the City Council of the City of Santa Barbara on December 6, 2022.

SANTA BARBARA CITY COUNCIL SANTA BARBARA

CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________

RANDY ROWSE SARAH GORMAN

MAYOR CITY CLERK SERVICES MANAGER
11/01/2022 Santa Barbara City Council Minutes Page 1 of 2

CITY OF SANTA BARBARA

CITY COUNCIL MINUTES

SPECIAL MEETING
NOVEMBER 1, 2022
COUNCIL CHAMBERS, 735 ANACAPA STREET

CALL TO ORDER
Mayor Randy Rowse called the meeting to order at 11:00 a.m.

PLEDGE OF ALLEGIANCE
Mayor Rowse.

ROLL CALL
Councilmembers present: Eric Friedman, Oscar Gutierrez (11:02 a.m.) Meagan Harmon, Mike Jordan, Kristen W. Sneddon, Mayor Rowse.

Councilmembers absent: Alejandra Gutierrez.

Staff present: City Administrator Rebecca Bjork, Deputy City Clerk Niko Lopez.

CLOSED SESSION

1. Subject: Public Employee Performance Evaluation – Government Code Section 54957 (160.01)
Recommendation: That Council hold a closed session for a Public Employee Performance Evaluation per Government Code Section 54957.

Title: City Attorney
Scheduling: Duration, 60 minutes; anytime
Report: None anticipated
Document:
- November 1, 2022, report from the Human Resources Director.

Time:
- 11:05 a.m. – 11:41 a.m.
11/01/2022 Santa Barbara City Council Minutes Page 2 of 2 No report made.

ADJOURNMENT
Mayor Rowse adjourned the meeting at 11:41 a.m.

Approved and adopted by the City Council of the City of Santa Barbara on December 6, 2022.

SANTA BARBARA CITY COUNCIL SANTA BARBARA

CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________

RANDY ROWSE SARAH GORMAN

MAYOR CITY CLERK SERVICES MANAGER
11/08/2022 Santa Barbara City Council Minutes Page 1 of 2

CITY OF SANTA BARBARA

CITY COUNCIL MINUTES

SPECIAL MEETING
NOVEMBER 8, 2022, 11:00 A.M.

COUNCIL CHAMBERS, 735 ANACAPA STREET
320-A WEST ORTEGA STREET, SANTA BARBARA, CA 93101;
1030 CACIQUE STREET, SANTA BARBARA CA 93103

CALL TO ORDER
Mayor Randy Rowse called the meeting to order at 11:01 a.m.

PLEDGE OF ALLEGIANCE
Mayor Rowse.

ROLL CALL
Councilmembers present: Eric Friedman, Alejandra Gutierrez (11:03 a.m.), Oscar Gutierrez, Meagan Harmon, Kristen W. Sneddon, Mayor Rowse.

Councilmembers absent: Mike Jordan.

Staff present: City Administrator Rebecca Bjork, City Clerk Services Manager Sarah Gorman.

CLOSED SESSIONS
Subject: Public Employee Performance Discipline/Dismissal/Release per Government Code 54957(b)(1) (440.05)
Recommendation: That Council hold a closed session for a Public Employee Discipline/Dismissal/Release per Government Code 54957(b)(1).

Scheduling: Duration, 60 minutes; anytime
Document:
- November 8, 2022, report from the Human Resources Director Report: Anticipated
11/08/2022 Santa Barbara City Council Minutes Page 2 of 2 Time:
- 11:06 a.m. – 11:24 a.m.

Mayor Rowse reported that the City Council properly placed a public employee discipline/dismissal/release matter on its closed session agenda per Government Code 54957(b)(1) and in closed session voted to terminate the employment contract of the City Attorney, Ariel Calonne, and dismiss him from his employment effective December 8, 2022. The following Councilmembers and Mayor voted in favor of this decision: Councilmembers Harmon, Friedman, Alejandra Gutierrez, Oscar Gutierrez, Sneddon, and Mayor Rowse. Councilmember Jordan was absent. The vote was unanimous by those members present.

ADJOURNMENT
Mayor Rowse adjourned the meeting at 11:25 a.m.

Approved and adopted by the City Council of the City of Santa Barbara on December 6, 2022.

SANTA BARBARA CITY COUNCIL SANTA BARBARA

CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________

RANDY ROWSE SARAH GORMAN

MAYOR CITY CLERK SERVICES MANAGER
1 ORDINANCE NO. ______

AN ORDINANCE OF THE COUNCIL OF THE CITY

OF SANTA BARBARA AMENDING SECTIONS

9.150.070 AND 9.165.050 OF THE SANTA

BARBARA MUNICIPAL CODE (SBMC) TO

DESIGNATE THE SUSTAINABILITY AND

RESILIENCE DEPARTMENT AS THE ENTITY

RESPONSIBLE FOR ENFORCEMENT AND MAKE

CORRESPONDING CHANGES CONSISTENT WITH

STATE LAW

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

SECTION 1. Section 9.150.070 of the Santa Barbara Municipal Code is amended to read as follows:

9.150.070 Enforcement and Violations - Penalties.

A. Administrative Enforcement. The Sustainability and Resilience Department has primary responsibility for enforcement of this chapter. The Sustainability and Resilience Director is authorized to promulgate Departmental regulations to assist stores in understanding and in complying with this chapter and to take any and all other actions reasonable and necessary to enforce and interpret this chapter.

B. Regulations on Free Reusable Bags. If determined to be appropriate and necessary, the Sustainability and Resilience Director may adopt regulations restricting or limiting the ability of those stores defined in paragraphs J.1 and J.2 of Section 9.150.010 to offer customers free reusable bags as a promotional item.

SECTION 2. Section 9.165.050 of the Santa Barbara Municipal Code is amended to read as follows:

Agenda Item No. 3
File Code No. 630.02
2 9.165.050 Exemptions and Enforcement.

A. Food providers and beverage providers are exempt from the provisions of this chapter under the following circumstances:

1. During a locally declared emergency, the City, emergency response agencies operating within the City, users of City facilities, and food providers and beverage providers shall be exempt from the provisions of this chapter.

2. The provision of plastic beverage straws, stirrers or cutlery when the plastic beverage straws, stirrers or cutlery are provided as a part of product that was packaged outside the City and sold within the City.

3. The food provider or beverage provider provides or distributes a plastic beverage straw to a person in order to assure full compliance with the Americans with Disabilities Act (42 USC § 12102).

B. The Sustainability and Resilience Department has primary responsibility for enforcement of this chapter.

C. Pursuant to California Public Resources Code Section 42272, the Sustainability and Resilience Department is designated as the agency for enforcement of Chapter 5.2 (commencing with Section 42270) of Part 3 of Division 30 of the California Public Resources Code.

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: December 6, 2022
TO: Mayor and Councilmembers
FROM: Sustainability and Resilience Department
SUBJECT: Lease Agreement for Office Space for the Sustainability and Resilience Department at 801 Garden Street [Ordinance Introduction; Resolution; Agreement]
RECOMMENDATION: That Council:

DISCUSSION:

In July of 2020 Council formally established the Sustainability and Resilience Department.

Environmental Services Division and the Energy and Climate Division were the first two divisions to transition to the new department, with the intention of undergoing a larger organizational assessment to transition other workgroups or positions that would align with the department’s mission. After much consideration, it has been determined that the Creeks Division and the position of Mobility Coordinator were to be moved into the department as of January 1, 2023.

With this change the department now has offices in four separate locations, with most locations too small to fit the number of employees in each division. Staff did a search of potential sites that could house the entire department and identified 801 Garden Street as the best option. Staff was able to negotiate a fair base rent of $2.45 per square foot for the facility, which is below market value for this property. There is a standard escalator of four percent per year as well as NNN/CAM with an annual consumer price index escalator capped at four percent.

Agenda Item No. 4
File Code No. 330.04
Introduce and subsequently adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Authorizing the Sustainability and Resilience Director to Execute an Office Lease Agreement with Hayes Property Management, for the Property Located at 801 Garden Street, Suite 200, Commencing Upon the Effective Date of the Lease Agreement, January 16, 2023.

Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 22-059, Adopting the budget for Fiscal Year 2023, for costs related to the lease agreement and related one-time infrastructure and moving costs.

Council Agenda Report
Lease Agreement for Office Space for the Sustainability and Resilience Department at 801 Garden Street [Ordinance Introduction; Resolution; Agreement] December 6, 2022

Page 2 ends

Additionally, staff reached agreement with the existing tenant to purchase the existing furniture in the space, including desks, conference tables, and chairs, providing financial benefit and further facilitating an easy transition into the new space.

The proposed start date of the lease is January 16, 2023, and will terminate on January 15, 2033 with two five-year options to renew at 95 percent of mutually agreed upon market rate.

BUDGET/FINANCIAL INFORMATION:

Costs related to the lease and move include the costs of the lease itself, information technology infrastructure and telephone costs, additional laptop replacements, and moving costs. The Table below summarizes the costs for the rest of Fiscal Year 2023.

Lease Costs $82,500
IT Infrastructure, Laptops, and other Telephone Costs $47,400 Furniture, Moving, and Other One-Time Costs $10,000
Total $139,900
Lease Costs:

The proposed Office Lease Agreement has an initial term of ten years with two additional five-year options for a total potential lease term of twenty years.

A summary of the lease can be found below:

Address: 801 Garden Street (4,316 sf)
Base rent: $2.45/sf ($10,574.20/month)
Annual rent
adjustment:

Four percent increase annually
NNN/CAM Initial Year $0.95/sf, CPI Adjusted at 4% cap
Term: Initial term expires January 15, 2033
In addition, the City will pay a percentage of the common area operating expenses, estimated to be about $4,400 per month, which may vary based on the cost and usage of utilities. The costs in Fiscal Year 2023 is estimated to be $82,500. The annual ongoing cost will be about $180,000 (which is subject to annual inflation adjustments).

Other One-time Costs:

In order to conform and integrate to the City’s Information Technology and telephone environment, there needs to be some City infrastructure installed as well as ongoing internet connection costs. IT staff estimate these costs to be about $34,000 for the Council Agenda Report
Lease Agreement for Office Space for the Sustainability and Resilience Department at 801 Garden Street [Ordinance Introduction; Resolution; Agreement] December 6, 2022

Page 3 ends

remainder of FY 23, which includes internet, telephone, firewall, switches, and access points. In addition, the move will require replacing of staff desktops with laptops. Many of the replacements were already budgeted and planed for, but some replacements that were planned in FY 2024, will be moved forward as part of the move. Staff requests an additional $13,400 for the replacements.

Staff reached agreement with Fastspring Inc. to purchase some existing furniture in the space for $10,000. This furniture will accommodate most of the department’s furniture needs.

Fund Allocations and Appropriations Request
Costs will be allocated to the Solid Waste Fund, the Energy and Climate Management Operating Fund, and the Creeks Operating Fund. There are inadequate expenditure appropriations in these fund expenditure budgets in Fiscal Year 2023 to fund the costs of the lease and related moving and setup expenses. Adequate reserves exist in the Solid Waste Fund, the Creeks Operating Fund, and the Energy and Climate Management Operating Fund to approve the recommendation in this report, which covers the estimated costs in FY 2023. The appropriation request for each fund is as follows:

Solid Waste Fund $51,442
Creeks Operating Fund $54,862
Energy and Climate Management Fund $33,596
Total: $139,900
Costs for Fiscal Year 2024 and beyond will be included in staff’s Recommended Budget proposal each year.

A copy of the agreement may be requested from the Sustainability and Resilience Department for public review by contacting Stephanie Lopez Lozano at [email protected].

PREPARED BY: Alelia Parenteau, Acting Sustainability and Resilience Director SUBMITTED BY: Alelia Parenteau, Acting Sustainability and Resilience Director APPROVED BY: City Administrator’s Office
ORDINANCE NO. ___________

AN ORDINANCE OF THE COUNCIL OF THE CITY OF

SANTA BARBARA AUTHORIZING THE SUSTAINABILITY

AND RESILIENCE DIRECTOR TO EXECUTE AN OFFICE

LEASE AGREEMENT WITH HAYES PROPERTY
MANAGEMENT, FOR THE PROPERTY LOCATED AT 801
GARDEN STREET, SUITE 200, COMMENCING UPON THE

EFFECTIVE DATE OF THE LEASE AGREEMENT,
JANUARY 16, 2023
The City Council of the City of Santa Barbara does ordain as follows:

Section 1. In accordance with the provisions of Section 521 of the Charter of the City of Santa Barbara the Sustainability and Resilience Director is authorized to execute an Office Lease Agreement with Hayes Property Management, in a form approved by the City Attorney, for the Property Located at 801 Garden Street, Suite 200, commencing upon the effective date of the Lease Agreement, January 16, 2023.

RESOLUTION NO. ___

A RESOLUTION OF THE COUNCIL OF THE CITY OF
SANTA BARBARA AMENDING RESOLUTION NO. 22-059,
ADOPTING THE BUDGET FOR FISCAL YEAR 2023 FOR

LEASE AND OTHER ONE-TIME INFRASTRUCTURE AND

MOVING COSTS
WHEREAS, in accordance with the City Charter, the City Administrator filed with the Council a proposed budget for the fiscal year beginning July 1, 2022; WHEREAS, the City Council is required to adopt a budget before the beginning of the fiscal year on July 1, 2022;
WHEREAS, the City Charter provides that at any public meeting after the adoption of the budget, the City Council may amend or supplement the budget by motion adopted by the affirmative votes of at least a majority of the total members of the City Council; and WHEREAS, this Resolution adopted by City Council shall memorialize that action to amend the budget as provided herein.

NOW, THEREFORE, be it resolved by the Council of the City of Santa Barbara that in accordance with the provisions of Section 1205 of the City Charter, the budget for the fiscal year 2023, as adopted by Resolution No. 22-059, is hereby amended as follows:

1. The Council approves an increase in expenditure appropriations by $51,442 in the Fiscal Year 2023 Solid Waste Fund budget to fund lease costs, IT infrastructure, and other one-time moving and furnishing costs.

2. The Council approves an increase in expenditure appropriations by $33,596 in the Fiscal Year 2023 Energy and Climate Management Fund budget to fund lease costs, IT infrastructure, and other one-time moving and furnishing costs.

3. The Council approves an increase in expenditure appropriations by $54,862 in the Fiscal Year 2023 Creeks Operating Fund budget to fund lease costs, IT infrastructure, and other one-time moving and furnishing costs.

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: December 6, 2022
TO: Mayor and Councilmembers
FROM: Planning Division, Community Development Department SUBJECT: Updated Planning Commission Guidelines [Resolution] RECOMMENDATION:

That Council adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Adopting Planning Commission Guidelines Governing the Code of Conduct for Meetings and Rescinding the Planning Commission Guidelines Adopted by City Council on July 15, 1997.

DISCUSSION:

The existing Planning Commission Guidelines were adopted by City Council on July 15, 1997. Updated Guidelines are needed to better reflect the format and guidance of the City Council Guidelines (adopted in November 2018) and current administrative practices.

The Planning Commission established a subcommittee in January 2022 to work on these updates with staff.

Some of the more substantive edits include:
 Public comment has been increased from two minutes to three minutes per person.  “Pooling” of time is not allowed for General Public Comment; for a specific agenda item, pooling of time is allowed, but it caps at five minutes total time.  Guidelines now include direction for choosing a Chair and Vice Chair.  Hearings are subject to Rosenberg’s Rules of Order instead of Robert’s Rules of Order.
 Regular lunch meetings have been eliminated to increase transparency and accessibility; the updated Guidelines state that a special meeting could be called if needed for trainings or other routine administrative items. Previously, Substantial Conformance Determination (SCD) requests that warranted Planning Commission feedback on focused/minor items (referred to as Level 3 SCDs) were discussed Agenda Item No. 5
File Code No. 650.03
Council Agenda Report
Updated Planning Commission Guidelines [Resolution]
December 6, 2022

Page 2 ends

during lunch meetings, so those discussions have been shifted to the regular Commission meeting.

On October 20, 2022, the Planning Commission unanimously recommended approval of the updated Guidelines with two minor changes (to clarify that meeting materials will be provided one week before the meeting and to reference the professional conduct language as an appendix in the table of contents). Those changes have been incorporated into the version currently proposed for adoption.

BUDGET/FINANCIAL IMPACT:

This action does not have a budget/financial impact on the City.

PREPARED BY: Allison De Busk, Senior Planner II
SUBMITTED BY: Elias Isaacson, Community Development Director APPROVED BY: City Administrator’s Office
1 RESOLUTION NO.

A RESOLUTION OF THE COUNCIL OF THE CITY OF

SANTA BARBARA ADOPTING PLANNING

COMMISSION GUIDELINES GOVERNING THE

CODE OF CONDUCT FOR MEETINGS AND

RESCINDING THE PLANNING COMMISSION

GUIDELINES ADOPTED BY CITY COUNCIL ON
JULY 15, 1997
WHEREAS, Planning Commission Guidelines were adopted on July 15, 1997 to govern the conduct of Planning Commission meetings; and WHEREAS, the Planning Commission Guidelines have not been substantively revised since July 15, 1997; and
WHEREAS, new guidelines are necessary to reflect changes to the City’s zoning ordinance that have occurred over the last 25 years; and WHEREAS, on October 20, 2022, the Planning Commission voted unanimously to approve the new Planning Commission Guidelines attached hereto as Exhibit A.

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

1. The Planning Commission Guidelines attached hereto as Exhibit A are hereby adopted.

2. The Planning Commission Guidelines adopted on July 15, 1997 are hereby rescinded.

EXHIBIT A

CITY OF SANTA BARBARA
Planning Commission
Guidelines
Adopted by Resolution No. ___________
on
December 6, 2022
i

TABLE OF CONTENTS

1. GENERAL POLICIES AND PROCEDURES ....................................................... 1

1.1. Usage ........................................................................................................ 1

1.2. Guidelines are Directory ............................................................................ 1

1.3. Regular Meetings – Date and Time ........................................................... 1

1.4. Special Meetings ....................................................................................... 1

1.5. Special Meeting for Training and Routine Administrative Items................. 1

1.6. Site Visits................................................................................................... 1

1.7. Ex Parte Communications ......................................................................... 2

1.8. Absences................................................................................................... 2

1.9. Resolutions................................................................................................ 2

2. ELECTION OF CHAIR/VICE-CHAIR & BOARD/LIAISON APPOINTMENTS..... 2

2.1. Chair ......................................................................................................... 2

2.2. Vice-Chair................................................................................................. 3

2.3. Subcommittees & Liaisons........................................................................ 3

3. AGENDAS............................................................................................................ 3

3.1. Agenda Posting ......................................................................................... 3

3.2. Written Materials and Public Records........................................................ 4

3.3. Submission of Materials by the Public for Council Consideration .............. 4

4. CONDUCT OF MEETINGS.................................................................................. 5

4.1. Order of Business ...................................................................................... 5

4.2. Consent Calendar...................................................................................... 5

4.3. Public Hearings & Appeals ........................................................................ 5

4.4. Items Other than Public Hearings & Appeals............................................. 7

4.5. Signature of Plans by Chair ....................................................................... 7

4.6. Loss of Quorum ......................................................................................... 7

4.7. Postponements.......................................................................................... 7

4.8. Withdrawals ............................................................................................... 8

4.9. Continuances............................................................................................. 8

5. PARLIAMENTARY MEETING PROCEDURES................................................... 8

5.1. Presiding Officer......................................................................................... 8

5.2. Recording Votes......................................................................................... 9

5.3. Disqualification for Conflict of Interest........................................................ 9

5.4. Changing Votes ....................................................................................... 10

PLANNING COMMISSION GUIDELINES
ii

5.5. Rosenberg’s Rules of Order..................................................................... 10

5.6. Adjournment............................................................................................. 10

5.7. Quasi-Judicial Hearings ........................................................................... 10

5.8. Voting....................................................................................................... 13

5.9. Minutes .................................................................................................... 13

5.10. Public Participation................................................................................... 13

5.11. General Public Comment......................................................................... 13

5.12. Public Decorum and Rules of Conduct .................................................... 14

5.13. Council Chambers Capacity..................................................................... 15

6. SUBSTANTIAL CONFORMANCE DETERMINATIONS ................................... 15

6.1. Substantial Conformance Determination ................................................. 15

7. PROCEDURE FOR PLANNING COMMISSION REVIEW OF DECISIONS MADE BY THE STAFF HEARING OFFFICER ............................................................. 18

7.1. Appeals.................................................................................................... 18

7.2. Suspension of Decision ........................................................................... 18

8. POWER OF CENSURE ..................................................................................... 18 APPENDIX A: EXEMPLARY CUSTOMER SERVICE AND PROFESSIONAL CONDUCT .................................................................................................................... 19

PLANNING COMMISSION GUIDELINES
1 1. GENERAL POLICIES AND PROCEDURES

1.1. Usage. These Planning Commission Guidelines (“Guidelines”) are intended to guide the preparation for and conduct of Planning Commission meetings.

1.2. Guidelines are Directory. These Guidelines are directory, not mandatory. The Guidelines are not intended to alter or amend any existing City or state law. In the event of an inconsistency between these Guidelines and City or state law, the City or state law shall prevail. Except as provided otherwise by statute or local ordinance, no action of the Planning Commission shall be held invalid due to any failure to observe the provisions of these Guidelines, nor shall any person have a claim or cause of action against the City or any of its officers or employees as a result of any such failure.

1.3. Regular Meetings – Date and Time. The Planning Commission shall have regular meetings at 1:00 p.m. on the first, second and third Thursdays of each month.

1.4. Special Meetings. A special meeting may be called at any time by delivering written notice to each member of the Planning Commission and to each local newspaper of general circulation and radio or television station requesting notice in writing and posting a notice on the City’s website. The notice shall be delivered personally or by any other means and shall be received at least 24 hours before the time of the meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted or discussed. No other business shall be considered at these meetings by the Planning Commission. The written notice may be dispensed with as to any member who at or prior to the time the meeting convenes, files with the City Clerk a written waiver of notice. The written notice may also be dispensed with as to any member who is actually present at the meeting at the time it convenes. The call and notice shall be posted at least 24 hours prior to the special meeting in a location that is freely accessible to members of the public.

1.5. Special Meeting for Training and Routine Administrative Items.

To the extent possible, training and routine administrative items will be held as a special meeting at 12:00p.m. on the first Thursday of every month in City Hall, Room 15, pursuant to the noticing and public meeting requirements set forth in Section 1.4, above.

1.6. Site Visits. The Planning Commission will meet with staff to perform site visits of scheduled or pending projects. Site visits will be held on Tuesdays at 8:00 a.m. the week the project is scheduled to be heard on the regular Planning Commission Agenda. The purpose of a site visit is to permit the Planning

PLANNING COMMISSION GUIDELINES
2 Commission to view and inspect the physical aspects of real property and development projects that may be the subject of an agenda item. Failure to hold a site visit shall not invalidate a Planning Commission decision to subsequently approve, deny, or approve or deny with modifications a project. The Chair or City staff will state at the beginning of the site visit that the site visit is not an opportunity for anyone to make a statement regarding the agenda item. The only presentation will be an explanation of the agenda item by City staff. The Planning Commission may ask questions of staff. Staff may refer specific questions about the physical aspects of the project to project applicants or appellants. All other public comment, argument or references to policy must be reserved for the noticed hearing on the agenda item. No written material may be submitted during the site visit.

1.7. Ex Parte Communications. As explained further in Section 5.7, below, ex parte contacts are substantive oral or individual written communications concerning quasi-judicial matters that occur outside of noticed public hearings.

Commissioners should avoid and discourage ex parte contacts if at all possible to prevent the potential for actual or perceived bias.

1.8. Absences. Commissioners will notify staff at the earliest possible opportunity if they will be unable to attend a Planning Commission meeting, special meeting, or site visit. Commissioners should seek to educate themselves on information presented at the hearing through review of staff reports and video recordings if participation by the Commissioner is anticipated at a future meeting.

1.9. Resolutions. A resolution of the Planning Commission is intended to (i) establish a permanent record of actions taken by the Planning Commission, and (ii) give an applicant formal notice of the action being taken by the Planning Commission. Planning Commission staff shall prepare the resolution following an action by the Planning Commission and any such resolution shall be effective on the date Planning Commission took the action referred to in the resolution. If a draft resolution is corrected by the Planning Commission prior to its adoption at a subsequent hearing, the applicant has the right to appeal those specific changes, provided the applicant files a timely appeal to the City Council within 10 days from the Planning Commission motion adopting the draft resolution, with corrections.

2. ELECTION OF CHAIR/VICE CHAIR & BOARD/LIAISON

APPOINTMENTS

2.1. Chair. At the first Planning Commission meeting of the New Year, the Commission shall elect one of its members to serve as Chairperson. For continuity, the Vice-Chair in the preceding year shall be the first to be considered for Chair. If the Vice-Chair does not wish to be elected as Chair, or is no longer a member of the Planning Commission, then nominations will be opened to the full Planning Commission. The Commissioner with the longest tenure in the preceding

PLANNING COMMISSION GUIDELINES
3 year who has not yet served as Chair shall initially be given priority consideration for the Chair role. During the absence or disability of the Chair and the Vice-Chair, there will be a nomination and vote by the Planning Commission to assign a temporary Chair to conduct the hearing.

2.2. Vice-Chair. Following the election of the Chair, the Planning Commission shall elect a Vice-Chairperson who will conduct the meetings in the absence of the Chair. For the purpose of continuity and efficiency, the Commissioner with the longest tenure in the preceding year who has not yet served as Chair or Vice-Chair shall be considered initially for the Vice-Chair role.

If the aforementioned Commissioner does not wish to be elected as Vice-Chair, or is no longer a member of the Planning Commission, then nominations will be opened to the full Planning Commission and the Commissioner with the longest tenure in the preceding year who has not yet served as Chair or Vice-Chair shall initially be given priority consideration for the Vice-Chair role.

2.3 Subcommittees & Liaisons. The Commission may establish one or more subcommittees comprised of three or fewer members appointed by the Chair and confirmed by the Planning Commission by majority vote. The appointment of a commissioner as Liaison to a board or as a subcommittee or work group member, other than by appointment by the City Council, shall be subject to confirmation by the Planning Commission by majority vote.

Subcommittees and Liaisons shall be organized to and around the business of land use matters within the City. Matters outside of the City’s boundaries (e.g. regional boards, commissions or other agencies) shall be at the direction of the City Council. Liaison reports may be made at the meeting during Committee, Board and Liaison Reports, and must be a concise and objective summary of the action taken or discussion held at the meeting for which the Commissioner is reporting on. Liaison reports shall be factual in nature and shall not contain Commissioners’ individual opinions or judgments.

3. AGENDAS

3.1. Agenda Posting. The Planning Commission meeting agenda will be posted for public review at the City Hall Public Notice Board, the Community Development Department outdoor public bulletin board located at 630 Garden Street, and on the City’s website at least 72 hours prior to the Planning Commission meeting. In the event the City website goes down or otherwise is inaccessible for all or part of the 72 hours preceding the meeting due to technical difficulties or other factors not within the City’s control, the meeting may proceed.

Documents relating to agenda items are available for review in the Community Development Department during normal business hours. To the extent possible, all documents relating to agenda items will be made available to the Planning

PLANNING COMMISSION GUIDELINES
4 Commissioners and the public online and at the Community Development Department the Thursday prior to the agendized meeting.

3.2. Written Materials and Public Records.

3.2.1. Agendas of public meetings and any other writings, when distributed to all, or a majority of all, of the members of the Planning Commission by any person in connection with a matter subject to discussion or consideration at an open meeting of the Planning Commission, are disclosable public records under the California Public Records Act.

3.2.2. If a writing that is a public record as provided above, relates to an agenda item for a regular meeting, and is distributed less than 72 hours prior to that meeting, the writing shall be made available for public inspection at the time the writing is distributed to all, or a majority of all, of the members of the Planning Commission at the Community Development Department located at 630 Garden Street. The Planning Commission Secretary may also post the writing on the City’s website in a position and manner that makes it clear that the writing relates to an agenda item for an upcoming meeting.

3.2.3. Planning Commissioners shall use their best efforts to forward to the Planning Commission Secretary and Planning staff any email received in connection with a matter subject to discussion or consideration at an open meeting when it is apparent from the address or cc lines that the email has not been distributed to the Planning Commission Secretary and Planning staff.

3.3. Submission of Materials by the Public for Planning Commission Consideration.

3.3.1. In order to assure adequate time for consideration of voluminous and complex material, members of the public who wish to submit written or other materials for consideration by the Planning Commission in connection with an agenda item should provide those comments via email or hard copy to the Planning Commission Secretary at the Community Development Department at 630 Garden Street no later than Tuesday at 4:30 p.m. the week the agenda item is to be heard by the Planning Commission.

3.3.2. The Planning Commission shall be under no legal
obligation to review any written or other materials that are submitted after the deadline set forth in section 3.3.1. Planning Commissioners may, but

PLANNING COMMISSION GUIDELINES
5 need not, review and consider late-submitted materials if they choose to do so.

4. CONDUCT OF MEETINGS

4.1. Order of Business. Planning Commission business at a regular meeting shall be conducted in the following order except as otherwise directed by the Chair who is authorized to exercise flexibility in establishing the order of agenda items to be considered at each Planning Commission meeting:

I. Roll Call
II. Administrative Matters
A. Continuance, Withdrawals, Postponements
B. Announcements
C. Review and Action on Minutes & Resolutions
D. Public Comment
III. Consent Agenda Items (as needed)
IV. Agenda Items
V. Committee, Board, and Liaison Reports
VI. Adjournment

4.2. Consent Calendar. The Consent Calendar shall be comprised of items which, in the Planning Commission Staff Liaison’s judgment, will not require discussion. A Consent Calendar item shall be open for discussion by the Planning Commission upon request of a Commissioner, City planning staff, or by a member of the public for purposes of giving public comment on the item. If more than one item appears on the Consent Calendar, all items on the Consent Calendar may be approved by a single motion of the Planning Commission. Items on the Consent Calendar will not be read unless the Planning Commission Secretary is so directed by the Chair. The approval of a motion of the Planning Commission to accept the Consent Calendar shall be deemed to have been preceded by a reading of each individual item by the Planning Commission Secretary or Chairperson.

4.3. Public Hearings & Appeals.

4.3.1. Procedure. Presentations, comments and deliberations by the parties and Planning Commission shall be limited as follows:

I. Commencement of the Public Hearing or Appeal. The
Chair will call for the first item on the agenda by reading the agenda title. In the event that no continuance is sought, the Chair opens the public hearing.

PLANNING COMMISSION GUIDELINES
6 II. Presentation by City. Presentation by staff shall not exceed 15 minutes in length, including any time reserved for rebuttal or summation, unless determined prior to the hearing by the Chair after consultation with the Applicant and staff.

III. Presentation by Applicant. Presentation by applicant shall not exceed 15 minutes in length, including any time reserved for rebuttal or summation, unless determined prior to the hearing by the Chair after consultation with the Applicant and staff. Note: If the hearing is on appeal and the applicant is not the appellant, the appellant’s presentation shall precede the applicant’s presentation and each party shall be limited to 15 minutes.

IV. Public Comment. Comments by members of the public
shall not exceed three minutes per person. See sections 5.10 and

5.11 below for further explanation on public comment.

V. Planning Commissioner Questions. Planning
Commissioners are expected to prepare, prior to the public hearing, by engaging City staff with any questions for clarification of an item.

To the extent feasible, Planning Commissioners may ask questions of staff prior to the Public Hearing. In consideration of time constraints, questions during the agenda item should be specific, concise, and applicable to the decision at hand.

VI. Rebuttal if Hearing on an Appeal. Rebuttal or
summation by appellant and applicant may be presented if any time has been reserved.

VII. Planning Commission Deliberations.

VIII. Motion. After a motion is carried, the Chairperson announces the action to the audience. The Chairperson will announce, if applicable, that there is an appeal procedure available. No further discussion is permitted unless procedural questions are asked. Failure to announce the appeal period shall not invalidate the decision.

4.3.2. Order and Time Limits. The order and time limits may be modified by action of the Chair or majority vote of the Planning Commission.

4.3.2.1. The total amount of time allocated for a
presentation shall include time used to respond to or to comment upon issues or facts raised by a subsequent speaker during “rebuttal". An applicant or appellant may request leave of the Chair

PLANNING COMMISSION GUIDELINES
7 to reserve all or a portion of their time for rebuttal. The total amount of time allocated for a presentation shall not include responses to questions posed by Commissioners.

4.3.2.2. Whenever feasible, presentations, comments and deliberations shall be shorter than the allocated time.

4.3.3. Spokesperson for Appeals to City Council. A member of the Commission who voted with the majority supporting the motion may be selected to represent the Commission’s motion and opinion to City Council on appeal. Preference for selection will be given to the maker of the motion or seconder of the motion. Selection shall be informal and need not be made by motion, unless a consensus cannot be reached on selection of the spokesperson. Commissioners who voted in the minority should refrain from making comments at Council. Commissioners are appointed to represent the Planning Commission as a whole, and personal opinions that do not reflect the majority of the body opinion should be avoided.

4.4. Items Other than Public Hearings and Appeals. Items that do not require a noticed public hearing (e.g. lot line adjustments and miscellaneous matters) are conducted in substantially the same manner as public hearings.

4.5. Signature of Plans by Chair. In the event the Commission votes for approval of a particular plan (plot plan, tentative map, development plan, etc.) the Chair will sign and date the approved plan.

4.6. Loss of Quorum. A majority of the Planning Commission, including the Chair, shall constitute a quorum for the purposes of transacting Planning Commission business. If the Commission ceases to have a quorum during a meeting and it appears that a quorum cannot be re-assembled, the Chairperson shall announce that the remainder of the agenda will be carried over to the next meeting.

4.7. Postponements. A postponement is a deferral of the consideration of an agenda item to a future unidentified meeting. No discussion or presentation of the agenda item may take place on the date a postponement occurs. To be considered for a postponement, the applicant should contact City staff prior to the meeting date and state the reason(s) justifying the postponement so that this information can be shared with the Planning Commission during consideration of administrative matters. It is at the discretion of the applicant to postpone an item, however, a postponement may not be set for a date certain on a future agenda and may result in delay of the project based on availability of future agendas.

Planning staff may also postpone an item with or without applicant concurrence when there has been a noticing or other procedural error.

PLANNING COMMISSION GUIDELINES
8 4.8. Withdrawals. If a project applicant withdraws an application for a discretionary approval that is on the agenda, City staff will notify the Planning Commission during consideration of administrative matters.

4.9. Continuances. A public hearing on any matter shall be commenced on the date for which it has been noticed, unless the Commission opens the item and continues the public hearing to a later date. A continuance may be requested as follows:

I. Written Request. A request to continue a public hearing should be filed in writing in the office of the Community Development Department prior to the time set for the hearing. The request must be signed by the person requesting the continuance or by an authorized representative. It must state that reasons beyond the control of the person requesting the continuance prevent the person from being present and that a proper and full hearing of the matter requires attendance, or other reasons why a continuance is needed. The written request shall be delivered to the Chair who shall announce that a request has been received and by whom it was made.

II. Requests Prior to Close of Hearing. An applicant may request to continue a public hearing which has commenced prior to the close of the public hearing. The applicant should state the reasons why a continuance is needed.

III. Criteria For Approval/Denial of Request for Continuance. The Commission shall vote whether to approve or deny the request based on whether good cause has been shown. If granted, the matter shall be continued to a specific date or it shall be re-noticed for a new hearing as required.

IV. Absence of Applicant. In the absence of the applicant, his representative, or a written request for continuance, the Commission may either: (i) conduct the hearing and vote on the application; (ii) open the hearing and continue the hearing to a new date; (iii) open the hearing and continue the matter to a later place on the agenda; or (iv) open the hearing, receive information and continue the hearing to a new date.

5. PARLIAMENTARY MEETING PROCEDURES

5.1. Presiding Officer.

5.1.1. Chair. The Chair shall be the presiding officer at all meetings of the Planning Commission and shall be included as a member of the Planning Commission for all purposes unless otherwise expressly

PLANNING COMMISSION GUIDELINES
9 provided. He or she shall be counted in determining a quorum and shall be entitled to vote on all matters, but shall possess no veto power. The Chair may make and second motions and shall have a voice and vote in all its proceedings. The Chair shall preserve strict order and decorum at all meetings of the Planning Commission, announce the Planning Commission’s decisions on all subjects, decide all questions of order in accordance with these procedural rules, and announce the Planning Commission’s vote on all actions. If there is an appeal to a decision of the presiding officer, the Planning Commission as a whole shall decide the question by majority vote. Any Planning Commissioner, with the exception of the presiding officer, may move to appeal a decision of the presiding officer. If the appeal motion is seconded by another Commissioner, the Planning Commission shall vote on the appeal. If the appeal motion is not seconded, the presiding officer’s decision shall stand. The presiding officer’s name shall be called last on any question in voting.

5.2. Recording Votes. The vote of each Planning Commissioner shall be recorded for each item of business on the agenda. The Planning Commission shall publicly report any action taken and the vote or abstention on that action of each Commissioner present for the action.

5.3. Disqualification for Conflict of Interest. Pursuant to the regulations of the Fair Political Practices Commission, the Chair, each Planning Commissioner, and any staff with a disqualifying conflict of interest shall, following the announcement of the agenda item to be discussed or voted upon, but before either the discussion or vote commences, do all of the following: (1) The public official shall publicly identify: (A) Each type of economic interest held by the public official which is involved in the decision that gives rise to the conflict of interest (i.e. investment, business position, interest in real property, personal financial effect, or the receipt or promise of income or gifts), and (B) The following details identifying the economic interest(s): (i) if an investment, the name of the business entity in which each investment is held; (ii) if a business position, a general description of the business activity in which the business entity is engaged as well as the name of the business entity; (iii) if real property, the address or another indication of the location of the property, unless the property is the public official's principal or personal residence, in which case, identification that the property is a residence; (iv) if income or gifts, then identification of the source; and (v) if personal financial effect, then identification of the expense, liability, asset or income affected. (2) Form of Identification: If the governmental decision is to be made during an open session of a public meeting, the public identification shall be made orally and shall be made part of the official public record.

PLANNING COMMISSION GUIDELINES
10 5.4. Changing Votes. The Chair or any Planning Commissioner may change their vote only by announcing their request immediately after the vote in question and before the next agenda matter is announced for discussion.

5.5. Rosenberg’s Rules of Order. The procedures of the Planning Commission shall be governed by Rosenberg’s Rules of Order, Simple Rules of Parliamentary Procedure for the 21st Century Rosenberg’s Rules, as revised. The City Attorney shall serve as Parliamentarian.

5.5.1. The Chair shall establish any procedural rule not specified in these procedures, subject to appeal by vote of a majority of those Planning Commissions present and voting.

5.6. Adjournment. The Planning Commission may adjourn any regular or adjourned regular meeting, or special or adjourned special meeting to a time and place specified in the order of adjournment. Less than a quorum may so adjourn from time to time. If all Commissioners are absent from any regular or adjourned regular meeting, the Planning Commission Secretary may declare the meeting adjourned to a stated time and place and he or she shall cause a written notice of the adjournment to be given in the same manner as provided for special meetings, unless such notice is waived as provided for special meetings. A copy of the order or notice of adjournment shall be conspicuously posted on or near the door of the place where the regular or adjourned regular meeting, or special or adjourned special meeting was held within 24 hours after the time of the adjournment. When a regular or adjourned regular meeting is adjourned as provided in this section, the resulting adjourned regular meeting is a regular meeting for all purposes. When an order of adjournment of any meeting fails to state the hour at which the adjourned meeting is to be held, it shall be held at the hour specified for regular meetings by ordinance, resolution, bylaw, or other rule.

5.7. Quasi-Judicial Hearings.

5.7.1. Overview. It is the policy of the Planning Commission to avoid and discourage substantive oral communications or individualized written communications about quasi-judicial matters, except during a noticed public hearing. Written communications distributed to a majority of the Planning Commission shall be disclosed to the Planning Commission Secretary and made public as required by the Ralph M. Brown Act. The following procedural guidelines are intended to implement this policy, but shall not be construed to create any remedy or right of action.

5.7.2. Generally. These procedures are intended to assure that the due process rights of all persons are protected during quasi-judicial hearings. Quasi-judicial hearings require a higher level of procedural due

PLANNING COMMISSION GUIDELINES
11 process because of the potential impact on life, liberty or property. In a land use context, quasi-judicial hearings typically involve a single parcel of land that affects the rights and use of the parcel by the landowner, and apply facts and evidence in the context of existing law in order to reach a final discretionary decision.

5.7.3. Identification of Quasi-Judicial Matters on the Agenda.

Planning Commission staff, in conjunction with the City Attorney, will identify agenda items involving quasi-judicial decisions on the Planning Commission agenda. This identification is intended to inform the commissioners, interested parties, and the public that this policy will apply to the item, but failure to identify an item shall not be cause for a continuance.

5.7.4. Policy to Avoid Ex Parte Contacts. Ex parte contacts are substantive oral or individual written communications concerning quasijudicial matters that occur outside of noticed public hearings. Planning Commission members should avoid and discourage ex parte contacts to the extent all possible.

5.7.5. Disclosure of Ex Parte Contacts. If an ex parte contact does occur (which may happen because the public has a hard time understanding that on quasi-judicial matters the Planning Commission’s decision making is confined to the hearing), the Planning Commissioner must disclose the contact and the substance of the information communicated on the record at the start of the public hearing. This disclosure allows people who may have a different point of view or contrary evidence to make their points during the hearing in response to the information the Planning Commissioner may have obtained through the ex parte contact. The disclosure might go something like this: “I was approached by the appellant last week and they told me that neighborhood traffic is much greater than the City’s baseline assumptions.”

5.7.6. Ex Parte Contacts After the Hearing. Ex parte contacts after a public hearing is closed and before a final decision is rendered are prohibited because there is no opportunity for rebuttal.

5.7.7. Hearings De Novo. Appeals to the Planning Commission shall be conducted de novo, unless otherwise specified in the municipal code, meaning that new evidence and arguments may be presented and considered. All matters in the record before the original deciding body shall be part of the record before the Planning Commission.

PLANNING COMMISSION GUIDELINES
12 5.7.8. Burden of Proof. The applicant and appellant shall bear the burden of proof on all aspects of the action or relief they seek. The person with the burden of proof must offer evidence to the Planning Commission to support his or her position.

5.7.9. Rules of Evidence. Planning Commission hearings need not be conducted according to formal rules of evidence. Any relevant evidence may be considered if it is the sort of evidence upon which responsible persons rely in the conduct of serious affairs. The presiding officer may exclude irrelevant or redundant testimony and may make such other rulings as may be necessary for the orderly conduct of the proceedings while ensuring basic fairness and full consideration of the issues involved. Evidentiary objections shall be deemed waived unless made in a timely fashion before the Planning Commission.

5.7.10. Written Findings. On any matter for which state law or City ordinance requires the preparation of written findings, the staff report and other materials submitted on the matter will contain findings proposed for adoption by the Planning Commission. Any motion directly or impliedly rejecting the proposed findings must include a statement of alternative or modified findings or a direction that the matter under consideration be continued for a reasonable period of time in order for staff to prepare a new set of proposed findings consistent with the evidence which has been presented and the decision which is anticipated.

5.7.11. Planning Commissioners Who Are Absent During Part of a Hearing. A Planning Commissioner who is absent from any portion of a hearing conducted by the Planning Commission may vote on the matter provided that he or she has watched or listened to a video or radio broadcast, or video or audio recording, of the entire portion of the hearing from which he or she was absent and if she or he has examined all of the exhibits presented during the portion of the hearing from which he or she was absent and states for the record before voting that the Planning Commissioner deems himself or herself to be as familiar with the record and with the evidence presented at the hearing as he or she would have been had he or she personally attended the entire hearing.

5.7.12. Planning Commission’s Use of Electronic Communication Devices During Meetings. The Planning Commission’s use of electronic communication devices, such as cell phones and laptops, during a quasijudicial Planning Commission hearing may lead to the public’s perception that a Planning Commissioner is not paying attention to the subject matter at hand or that a Planning Commissioner is receiving information relative to the subject matter at hand that other Commissioners and members of the

PLANNING COMMISSION GUIDELINES
13 public are not receiving. Therefore, the Planning Commission’s use of electronic communication devices (including cell phones), other than for the purpose of accessing agenda materials or conducting individual research, is prohibited during quasi-judicial Planning Commission hearings.

5.8. Voting.

5.8.1. Passage of a Motion. A majority vote of the Planning Commissioners present is required to pass a motion.

5.8.2. Tie Votes. A tie vote results in rejection of the motion or action in question.

5.9. Minutes. Upon the adoption of any resolution, or upon the demand of any member, the Planning Commission Secretary shall call the roll and shall cause the ayes and nays taken on such questions to be entered in the minutes of the meeting.

5.10. Public Participation. Any person wishing to address the Planning Commission should first complete and deliver to the Planning Commission staff a “Request to Speak" form. While the person’s name and address is requested on the form, it need not be provided in order for a person to speak. A speaker shall not be heard during the “General Public Comment" portion of the meeting on a matter scheduled before the Planning Commission that same day.

5.10.1. Time and Pooling Time. No individual speaker may speak for more than 3 minutes. Persons who speak during public participation on an individual agenda item may pool their time with others when to do so will allow a group of speakers to consolidate and shorten their remarks.

Persons who wish to pool their time shall so indicate on their Request to Speak. Each person who is donating time shall be present in the chambers to deliver the Request to Speak form and when the pooled-time speaker is heard. Time may be pooled up to a maximum of 5 minutes for any single speaker, regardless how many persons donate their time. A person may not donate only a portion of their time.

5.11. General Public Comment.

5.11.1. At the beginning of the 1:00 p.m. session of each regular Planning Commission meeting, the Planning Commission shall allow any member of the public to address them on any matter of interest that is within the subject matter jurisdiction of the City. The Planning Commission, upon

PLANNING COMMISSION GUIDELINES
14 majority vote, may decline to hear a speaker on the ground that the subject matter is not within the jurisdiction of the City.

5.11.2. Time Limits. The total amount of time for public comment for items not on the agenda (“general public comment”) shall be 30 minutes, and no individual speaker may speak for more than 3 minutes. Speakers who have submitted a “Request to Speak" form prior to the time that the item on the agenda is initially read by the Planning Commission Secretary, but who cannot be heard during the initial public comment session due to the total amount of time exceeding 30 minutes, will be heard at the end of the meeting.

5.11.3. Pooling Time. Persons who speak during the general public comment portion of the agenda may not pool their time with others.

5.11.4. Planning Commission and Staff Responses. No action or discussion shall be undertaken on any item not appearing on the posted agenda except that members of the Planning Commission or its staff may briefly respond to statements made or questions posed by persons exercising their public comment testimony rights. In addition, on their own initiative or in response to questions posed by the public, a member of the Planning Commission or its staff may ask a question for clarification, make a brief announcement, or make a brief report on his or her own activities.

Furthermore, a member of Planning Commission or the Planning Commission as a body, subject to rules or procedures, may provide a reference to staff or other resources for factual information, request staff to report back to the body at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda.

5.12. Public Decorum and Rules of Conduct.

5.12.1. Duty to Preserve Decorum. While the Planning
Commission is in session, all persons, including Planning Commissioners, shall preserve order and decorum. Any person disrupting the Planning Commission meeting shall be barred by the Chair from further attendance at said meeting. Any member of the public who fails to comply with the rules of decorum and conduct after being warned by the Chair, thereby requiring the Chair to interrupt the meeting once again to restore order, shall be considered to be disrupting the meeting.

5.12.2. Disruption Prohibited. No person shall disrupt the orderly conduct of the Planning Commission meeting. Prohibited disruptive behavior includes but is not limited to shouting, making distracting or disrespectful comments, making disruptive noises such as boos or hisses,

PLANNING COMMISSION GUIDELINES
15 creating or participating in a physical disturbance, speaking out of turn or in violation of applicable rules, preventing or attempting to prevent others who have the floor from speaking, preventing others from observing the meeting, entering into or remaining in an area of the meeting room that is not open to the public, or approaching the Planning Commission dais without consent. Individuals shall not be allowed to bring furniture into Council Chambers, or other items that might obstruct free passage within or ingress to or egress from Council Chambers, or to place any such obstructions in Council Chambers aisles or passage ways.

5.12.3. Electronic Devices. All electronic devices, such as phones, tablets or computers, shall be used in a silent mode so as not to disrupt the meeting with beeping, rings or other noises.

5.12.4. Signs. No sign shall be brought into the Council Chambers or displayed unless it can be held by one person without blocking the view of the dais by other persons seated in the Council Chambers. Signs shall not be affixed to poles or sticks. No sign or other material shall be affixed to the walls of the Council Chambers.

5.12.5. Sergeant-at-Arms. The Chief of Police (or representative) shall act as ex-officio sergeant-at-arms of the Planning Commission. The Police Chief shall carry out all orders and instructions of the Chair for the purpose of maintaining order and decorum inside and outside of the Council Chambers. Persons who disrupt a Planning Commission meeting while in session are subject to arrest and prosecution. Upon instructions of the Chair, it shall be the duty of the sergeant-at-arms or any police officer present to eject from the Council Chambers any person in the audience who disrupts the proceedings of the meeting.

5.13. Council Chambers Capacity. Council Chamber attendance is limited to the posted seating capacity. Planning Commission staff shall appropriately regulate entrance to the Council Chamber when the Council Chamber capacity is likely to be exceeded. Members of the public shall not remain standing in the seating area or aisles of the Council Chamber. Sitting on the floor is not permitted. The sergeant-at-arms or the Chair shall enforce these procedures.

6. SUBSTANTIAL CONFORMANCE DETERMINATIONS

6.1. Substantial Conformance Determination. After an application has been approved by the Planning Commission, the applicant may request that the project be revised in a minor fashion. These requests are usually the result of completing the design review or plan check process where some new requirement has come to light due to compliance with design review requirements or with flood,

PLANNING COMMISSION GUIDELINES
16 building, fire, or other development code requirements that is part of the construction documentation phase of a project. Sometimes the changes are purely at the owner’s or applicant’s request. Some of the revisions are very minor and some may be more difficult to assess, but, pursuant to the Santa Barbara Municipal Code, approval of the request is left to the discretion of the Community Development Director.

6.1.1. Criteria for Consideration. The following guidelines may be considered by the Community Development Director to determine if a revision to an approved project can be allowed without requiring a new or revised discretionary approval:

1. The proposed revision would otherwise be exempt from Design Review.

2. The project has not been the subject of substantial public controversy or interest, and there is no reason to believe that the proposed change has the potential to create
substantial controversy.

3. The change does not increase the height of the roof
ridgeline of a proposed building.

4. The change would not be counter to direction provided by the applicable decision-maker.

5. The change does not affect easements for trails, public access, or open space.

6. The change does not reduce the number of parking
spaces provided or cause an increase in parking
demand.

6.1.2. Planning Commission’s Role. The Community
Development Director may request that the Planning Commission offer input prior to making a substantial conformance determination. The question in this type of determination is whether the revised project is substantially consistent with the original Planning Commission approval. If the Community Development Director cannot make the finding of substantial conformance and the applicant still wishes to pursue the revised project, an application for an amendment to the approval must be filed.

The following details four (4) levels of substantial conformance review and the process to be followed:

Level 1. Sign Off on Minor Revision. Planning staff is
involved in the plan check process prior to the issuance of building permits. There may be very minor changes to the project, for example an architectural element may change to meet the requirements of Single Family Design Board,

PLANNING COMMISSION GUIDELINES
17 Architectural Board of Review or Historic Landmarks
Committee, and a staff member documents the change in the record accompanying the building permit and planning
application. No notification of the Planning Commission is necessary in this instance.

Level 2. Letter Approving Site Plan/Project Changes.

Applicants will sometimes write a letter to the staff requesting minor changes to a project, e.g., moving a building a few feet to accommodate an existing tree, relocation of a trash enclosure to meet Fire Code requirements, relocation of some square footage from one area to another which has minimal effect on the site plan or elevation, or minor changes to approved land uses that are consistent with the original approval and findings.

A staff member writes a letter to the applicant which indicates that the changes are in substantial conformance with the approval and a copy is sent to the Planning Commission.

Level 3. Discussion of Focused/Minor Substantial
Conformance Requests at a Planning Commission Meeting.

There are also requests for substantial conformance which staff feels cannot be granted without input from the Commission.

Staff will schedule the item on an agenda as a Discussion Item.

A Level 3 determination is anticipated to take less time on the agenda than review by the Commission of a Level 4
determination. The purpose of this discussion is to help staff determine if the request is consistent with the approval. The applicant is invited to be present during these discussions.

Generally, a cover memo with background information will be provided to the Commission prior to the meeting. Sometimes in these cases it is appropriate to provide notice to interested parties and surrounding property owners to inform them that a discussion will be held to address a change in the project.

Examples include removal of a specimen tree(s) that was to be preserved, minor changes in the location of a building, and project phasing changes. Once staff has received the
Commission's input a determination will be made by the
Community Development Director. Staff will follow with a letter with a copy sent to the Planning Commission.

Level 4. Discussion of More Significant Substantial
Conformance Requests at a Commission Meeting. There are rare instances when an applicant requests a finding of
substantial conformance which staff feels it cannot grant without

PLANNING COMMISSION GUIDELINES
18 more formal input from the Planning Commission. In this situation, the item is scheduled on an agenda as a Discussion Item. A staff report or memo with background information is sent to the Planning Commission prior to the meeting. Usually in these cases it is appropriate to provide notice to interested parties and surrounding property owners to inform them that a formal discussion will be held to address a change in the project. Once staff has received the Commission's input, a determination will be made by the Community Development Director. Staff will follow with a letter with a copy sent to the Commission. An example is where additional square footage is proposed, or some changes in use or parking numbers are proposed.

7. PROCEDURE FOR PLANNING COMMISSION REVIEW OF DECISIONS

MADE BY THE STAFF HEARING OFFICER

7.1. Appeals. The decisions of the Staff Hearing Officer may be appealed to the Planning Commission by the applicant. Please refer to Santa Barbara Municipal Code Title 28 and Title 30, as applicable, for appeal procedures.

7.2. Suspension of Decision. The Chair, Vice-Chair or designated Staff Hearing Officer Liaison may take action to suspend any decision of the Staff Hearing Officer pursuant to Santa Barbara Municipal Code sections 28.44.160 and

30.205.150, as applicable.

8. POWER OF CENSURE
The Planning Commission establishes and reserves the power to censure members of the Planning Commission who violate these procedures. The Planning Commission may adopt supplemental procedures to govern censure proceedings upon the advice and counsel of the City Attorney.

PLANNING COMMISSION GUIDELINES
19 APPENDIX A

EXEMPLARY CUSTOMER SERVICE AND PROFESSIONAL CONDUCT
This discussion of professional conduct serves those that serve on the City’s Planning Commission and are otherwise aspirational for members of the public, applicants and City staff throughout the planning and permit process.

Our primary obligation as Planning Commissioners and active participants in the planning process is to serve the public interest and these principles should be used to help further that purpose. All who engage in the planning process should seek to achieve high standards of integrity, proficiency, and knowledge.

A responsible and unbiased judgment often requires a conscientious balancing, based on the facts and context of a particular situation as well as a conscientiously attained concept of the public interest that is formulated through continuous and open debate. All those who participate in planning should be committed to upholding both the spirit and the letter of these principles.

1. People who participate in the planning process shall continuously pursue and faithfully serve the public interest by:
a) Examining our own cultures and professional positions in an effort to reveal and understand our biases and privileges as an essential first step so we can better serve a truly inclusive public interest.
b) Being conscious of the rights of others. Develop skills that enable better communication and more effective, respectful, and compassionate planning efforts with the community.
c) Having special concern for the long-range consequences of present actions, or inactions.
d) Paying special attention to the interrelatedness of decisions and their unintended consequences.
e) Incorporating equity principles and strategies as the foundation for preparing plans and implementation programs to achieve more socially just decision-making. Implement, for existing plans, regulations, policies and procedures, changes which can help overcome historical impediments to participation in the planning process by underserved communities.

PLANNING COMMISSION GUIDELINES
20 2. People who participate in the planning process shall do so with integrity by:
a) Providing timely, adequate, clear, and accurate information on planning issues to all affected persons, to governmental bodies, and to the public, to clients and decision makers.
b) Facilitating the exchange of ideas and ensure that people have the opportunity for meaningful, timely, and informed participation in the development of plans and programs that may affect them.
c) Promoting excellence of design and endeavor to conserve and preserve the integrity and heritage of the natural and built environment. Use principles of sustainability and resilience as guiding influences in our work.
d) Identifying the human consequences as well as the
environmental consequences of alternative actions including the short and long-term costs and benefits.
e) Enhancing our professional education and training in our career as well as in our ability to work as a participant in the planning process.
f) Educating the public about planning issues and their relevance to everyone’s lives.
g) Describing and comment on the work and views of other professionals in a fair and professional manner.
h) Respecting the rights of all persons and not discriminate against or harass others.

Credit: American Planning Association

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: December 6, 2022
TO: Mayor and Councilmembers
FROM: Administration, Library
SUBJECT: Acceptance of California State Library Grant, English as a Second Language [Resolution]
RECOMMENDATION: That Council:

DISCUSSION:

The California State Library Literacy Services approved the grant application for English as a Second Language (ESL) programs for a total of $86,351. This funding will assist the Library in contracting with ESL instructors to develop specialized ESL tutor training modules and the delivery of staff training to implement tutor instruction, to fund hourly staff salaries to offer Adult Literacy services, and to support the operational costs of Adult Education. These funds will allow the Library to better serve learners who do not speak English as their primary language but wish to better learn to read, write, and speak in English.

BUDGET/FINANCIAL INFORMATION:

By accepting this grant, the Library Department will increase revenue and expenditure appropriation of $86,351 in the Fiscal Year 2023 Library Miscellaneous Grants budget.

PREPARED BY: Arturo Rodriguez, Senior Librarian
SUBMITTED BY: Jessica Cadiente, Library Director
APPROVED BY: City Administrator's Office
Agenda Item No. 6
File Code No. 570.04
RESOLUTION NO.

A RESOLUTION OF THE COUNCIL OF THE CITY OF
SANTA BARBARA AMENDING RESOLUTION NO. 22-059,
ADOPTING THE BUDGET FOR FISCAL YEAR 2023, TO

APPROVE AN INCREASE OF REVENUE AND
EXPENDITURE APPRORPIATIONS IN FISCAL YEAR 2023

IN THE LIBRARY DEPARTMENT MISCELLANEOUS
GRANTS FUND BUDGET IN THE AMOUNT OF 86,351

FROM THE CALIFORNIA STATE LIBRARY
WHEREAS, in accordance with the City Charter, the City Administrator filed with the Council a proposed budget for the fiscal year beginning July 1, 2022; WHEREAS, the City Council is required to adopt a budget before the beginning of the fiscal year on July 1, 2022;
WHEREAS, the City Charter provides that at any public meeting after the adoption of the budget, the City Council may amend or supplement the budget by motion adopted by the affirmative votes of at least a majority of the total members of the City Council; and WHEREAS, as authorized by Resolution No. 22-059, this Resolution approves the amendment to the budget as provided herein.

NOW, THEREFORE, be it resolved by the Council of the City of Santa Barbara that in accordance with the provisions of Section 1205 of the City Charter, the budget for the fiscal year 2023, as amended by Resolution No. 22-059, is hereby amended as follows:

1. The Council accepts the English as a Second Language 2022 grant.

2. The Council approves of the increase in revenue appropriation and expenditure appropriation of $86,351 in the Fiscal Year 2023 Miscellaneous Grants Fund.

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: December 6, 2022
TO: Mayor and Councilmembers
FROM: Administration, Library
SUBJECT: Acceptance of California State Library Grant, Book to Action [Resolution]
RECOMMENDATION: That Council:

DISCUSSION:

The California State Library approved the grant application for the Book to Action 2022:

Golden Gates project for a total of $20,000 in federal Library Services and Technology Act (LSTA) funds. The Santa Barbara Public Library 2023 Book to Action program will expand understanding of local housing policies and serve as a catalyst for the community to work in solidarity with unhoused individuals to support their basic needs and advocate for solutions to the housing crisis through facilitated close readings of Golden Gates and Mutual Aid, panel discussions, and workshops.

BUDGET/FINANCIAL INFORMATION:

By accepting this grant, the Library Department will increase revenue and expenditure appropriation of $20,000 in the Fiscal Year 2023 Library Miscellaneous Grants budget.

PREPARED BY: Arturo Rodriguez, Senior Librarian
SUBMITTED BY: Jessica Cadiente, Library Director
APPROVED BY: City Administrator's Office
Agenda Item No. 7
File Code No. 570.04
RESOLUTION NO.

A RESOLUTION OF THE COUNCIL OF THE CITY OF
SANTA BARBARA AMENDING RESOLUTION NO. 22-059,
ADOPTING THE BUDGET FOR FISCAL YEAR 2023, TO

APPROVE AN INCREASE OF REVENUE AND
EXPENDITURE APPROPRIATIONS IN FISCAL YEAR 2023

IN THE LIBRARY DEPARTMENT MISCELLANEOUS
GRANTS FUND BUDGET IN THE AMOUNT OF $20,000

FROM THE CALIFORNIA STATE LIBRARY, FEDERAL

LIBRARY SERVICES AND TECHNOLOGY ACT (LSTA)
FUND.

WHEREAS, in accordance with the City Charter, the City Administrator filed with the Council a proposed budget for the fiscal year beginning July 1, 2022; WHEREAS, the City Council is required to adopt a budget before the beginning of the fiscal year on July 1, 2022;
WHEREAS, the City Charter provides that at any public meeting after the adoption of the budget, the City Council may amend or supplement the budget by motion adopted by the affirmative votes of at least a majority of the total members of the City Council; and WHEREAS, as authorized by Resolution No. 22-059, this Resolution approves the amendment to the budget as provided herein.

NOW, THEREFORE, be it resolved by the Council of the City of Santa Barbara that in accordance with the provisions of Section 1205 of the City Charter, the budget for the fiscal year 2023, as amended by Resolution No. 22-059, is hereby amended as follows:

1. The Council accepts the Book to Action 2022 grant.

2. The Council approves of the increase in revenue appropriation and expenditure appropriation of $20,000 in the Fiscal Year 2023 Library Miscellaneous Grants Fund.

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: December 6, 2022
TO: Mayor and Councilmembers
FROM: Administration, Library
SUBJECT: Acceptance of California State Library Grant, Adult and Family Literacy [Resolution]
RECOMMENDATION: That Council:

A. Accept a grant in the amount of $56,215 from the California State Library for the support of Family and Adult Literacy programing; and
B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara amending Resolution No. 22-059, adopting the Budget for Fiscal Year 2023, to approve an increase of Revenue and Expenditure Appropriations in Fiscal Year 2023 in the Library Department Miscellaneous Grants Fund Budget in the Amount of $56,215 from the California State Library.

DISCUSSION:

The California State Library approved the grant application for Adult Literacy in the amount of $46,215 and Family Literacy in the amount of $10,000, for a total of $56,215 in California Library Literacy Services. The Santa Barbara Public Library will use these funds to train local tutor volunteers and design a continuum of programs that address the intergenerational nature of literacy. Programs will include interactive literacy activities between caregiver/parent and child, training in such activities, literacy training that leads to economic self-sufficiency, and age-appropriate education to prepare children for success in school and life experiences.

BUDGET/FINANCIAL INFORMATION:

By accepting this grant, the Library Department will increase revenue and expenditure appropriation of $56,215 in the Fiscal Year 2023 Library Miscellaneous Grants budget.

PREPARED BY: Arturo Rodriguez, Senior Librarian
SUBMITTED BY: Jessica Cadiente, Library Director
APPROVED BY: City Administrator's Office
Agenda Item No. 8
File Code No. 570.04
RESOLUTION NO.

A RESOLUTION OF THE COUNCIL OF THE CITY OF
SANTA BARBARA AMENDING RESOLUTION NO. 22-059,
ADOPTING THE BUDGET FOR FISCAL YEAR 2023, TO

APPROVE AN INCREASE OF REVENUE AND
EXPENDITURE APPROPRIATIONS IN FISCAL YEAR 2023

IN THE LIBRARY DEPARTMENT MISCELLANEOUS
GRANTS FUND BUDGET IN THE AMOUNT OF $56,215
FROM THE CALIFORNIA STATE LIBRARY.

NOW, THEREFORE, be it resolved by the Council of the City of Santa Barbara that in accordance with the provisions of Section 1205 of the City Charter, the budget for the fiscal year 2023, as amended by Resolution No. 22-059, is hereby amended as follows:

1. The Council accepts the California Library Literacy Services 2022 grant.

2. The Council approves of the increase in revenue appropriation and expenditure appropriation of $56,215 in the Fiscal Year 2023 Library Miscellaneous Grants Fund.

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: December 6, 2022
TO: Mayor and Councilmembers
FROM: Administration, Library
SUBJECT: Acceptance of California State Library Zip Books Project Grant [Resolution]
RECOMMENDATION: That Council:

A. Accept a grant in the amount of $24,628 from the California State Library to provide access to additional books.

DISCUSSION:

The Santa Barbara Public Library applied for and received funding from the California State Library for the Zip Books Project. The goal of this program is to provide library patrons with access to books that are otherwise not available through the library collection, primarily due to vendor availability or publication date.

BUDGET/FINANCIAL INFORMATION:

By accepting this grant, the Library will increase revenue and expenditure appropriation of $24,628 in the Fiscal Year 2023 Library Miscellaneous Grants budget.

PREPARED BY: Beate Bjoerklund, Senior Librarian
SUBMITTED BY: Jessica Cadiente, Library Director
APPROVED BY: City Administrator's Office
Agenda Item No. 9
File Code No. 570.04
RESOLUTION NO.

A RESOLUTION OF THE COUNCIL OF THE CITY OF
SANTA BARBARA AMENDING RESOLUTION NO. 22-059,
ADOPTING THE BUDGET FOR FISCAL YEAR 2023, TO

APPROVE AN INCREASE OF REVENUE AND
EXPENDITURE APPROPRIATIONS IN FISCAL YEAR 2023

IN THE LIBRARY DEPARTMENT MISCELLANEOUS
GRANTS FUND BUDGET IN THE AMOUNT OF $24,628
FROM THE CALIFORNIA STATE LIBRARY.

1. The Council accepts the Zip Books Project 2022 grant.

2. The Council approves of the increase in revenue appropriation and expenditure appropriation of $24,628 in the Fiscal Year 2023 Library Miscellaneous Grant Fund budget.

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: December 6, 2022
TO: Mayor and Councilmembers
FROM: City Administrator’s Office
SUBJECT: Agreement for Independent Police Monitor Professional Advisory Services in Support of New Civilian Oversight System [Resolution; Agreement]
RECOMMENDATION: That Council:

A. Authorize the City Administrator to execute an agreement with The Aden Group, LLC in an amount not to exceed $67,200 covering the period from December 6, 2022 to June 30, 2023.

DISCUSSION:

On June 6, 2022, the Mayor and City Council directed staff to retain an experienced Independent Police Monitor (IPM) professional to advise the City Administrator’s Office in creation and implementation of the new civilian oversight system of the Santa Barbara Police Department. After a comprehensive vetting process, the City Administrator’s Office is recommending Hassan Aden of The Aden Group, LLC (Aden) to be retained for this purpose.

Aden serves as Deputy Monitor in the federal consent decree imposed on the City of Baltimore Police Department overseeing all of the Accountability requirements and managing various aspects of the team. Aden also serves as an Associate Monitor in the Chicago Police Department consent decree and oversees the Supervision requirements.

Additionally, he has served as the lead monitor for the Cleveland federal consent decree and as deputy monitor for the Seattle federal consent decree.

Until late 2015, Aden was the Director of the Research and Programs Directorate of the International Association of Chiefs of Police (IACP), where he directly oversaw the dayAgenda Item No. 10 File Code No. 520.01
Council Agenda Report
Agreement for Independent Police Monitor Professional Advisory Services in Support of New Civilian Oversight System [Resolution; Agreement]
December 6, 2022

Page 2 ends

to-day management of operational programs and research projects aimed at advancing professional police services. Mr. Aden is a 26 veteran of the Alexandria Police Department in Alexandria, Virginia, rising to the rank of Deputy Chief until he retired in 2012 and then served as Chief of Police of the Greenville Police Department in Greenville, North Carolina until 2015.

Aden is a former Commissioner of the governing board of the Commission on Accreditation for Law Enforcement Agencies, Inc. (CALEA). He currently serves on the National Academies of Sciences, Engineering and Medicine’s Committee on Law and Justice, working with the world’s top criminologists, economists, and other academics on law and justice issues. Among other academic credentials, he holds a Masters of Public Administration from American University in Washington, D.C.

Hassan Aden of The Aden Group, LLC will be advising the City Administrator’s Office and the City’s multi-departmental team that is dedicated to implementation of the new civilian oversight system. This will include, but not be limited to, advising on the development of new policies and procedures as well as the orientation and training program for the Fire and Police Commission. It will also include direct support to the Senior Assistant to the City Administrator who is charged with police monitor responsibilities. The Aden Group, LLC will be ensuring the City’s adherence to principles and best practices of effective oversight.

BUDGET/FINANCIAL INFORMATION:

It is recommended that Council appropriate $67,200 in the City Administrator’s expenditure budget in Fiscal Year 2023, funded from General Fund Reserves, in order to fund Independent Police Monitor Professional Advisory Services.

The agreement is available for review by contacting Barbara Andersen, Senior Assistant to the City Administrator at [email protected].

PREPARED BY: Barbara Andersen, Senior Assistant to the City Administrator SUBMITTED BY: Rebecca Bjork, City Administrator
APPROVED BY: City Administrator’s Office
RESOLUTION NO.

A RESOLUTION OF THE COUNCIL OF THE CITY OF
SANTA BARBARA AMENDING RESOLUTION NO. 22-059,
ADOPTING THE BUDGET FOR FISCAL YEAR 2023, FOR
$67,200
WHEREAS, in accordance with the City Charter, the City Administrator filed with the Council a proposed budget for the fiscal year beginning July 1, 2022; WHEREAS, the City Council is required to adopt a budget before the beginning of the fiscal year on July 1, 2022;
WHEREAS, the City Charter provides that at any public meeting after the adoption of the budget, the City Council may amend or supplement the budget by motion adopted by the affirmative votes of at least a majority of the total members of the City Council; and WHEREAS, as authorized by Resolution No. 22-059, this Resolution approves the amendment to the budget as provided herein.

NOW, THEREFORE, be it resolved by the Council of the City of Santa Barbara that in accordance with the provisions of Section 1205 of the City Charter, the budget for the fiscal year 2023, as adopted [or amended] by Resolution No. 22-059, is hereby amended as follows:

1. That Council appropriate $67,200 in the City Administrator’s budget in the General Fund in Fiscal Year 2023, funded from General Fund Reserves, in order to fund Independent Police Monitor Professional Advisory Services.

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: December 6, 2022
TO: Mayor and Councilmembers
FROM: Administration Division, Finance Department
SUBJECT: Municipal Financial Advisory Services for the Police Facility Debt Issuance [Agreement]
RECOMMENDATION:

That Council authorize the Finance Director to execute an agreement with KNN Public Finance, LLC, for municipal financial advisory services in an amount not to exceed $130,000 in connection with the debt issuance for the City’s Police Facility.

DISCUSSION:

The City historically has used municipal financial advisors with the issuance of long-term debt. For several years, the City has retained the services of KNN Public Finance for municipal financial advisory services. KNN is a highly qualified firm with extensive knowledge of the City’s operations and past bond sales. Staff believes this expertise and knowledge of the City is important to ensure any bond sale is based on a thorough understanding of the City’s needs and the bond market.

In general, the role of a financial advisor is to serve as an independent advocate for the seller of bonds or other indebtedness, and provide the seller with the information necessary to make intelligent, informed decisions. The sale of bonds is a highly specialized, complicated, and nuanced transaction, requiring a level of expertise not generally held by municipal finance professionals within the City. Specifically, the financial advisor helps structure the financing to get the best rate for the City, reviews and gives advice on the bond underwriter’s proposals in a negotiated bond sale, reviews documents from bond counsel and disclosure counsel, and coordinates the bond issuance closing process. For a competitive sale of the bonds, the financial advisor structures the bond issue, conducts a public sale, identifies the winning bidder, and coordinates the bond issuance closing process.

The City is seeking to retain municipal advisory services from KNN Public Finance to provide services related to anticipated debt issuances for the new Police Station Facility.

Council Agenda Report
Municipal Financial Advisory Services for the Police Facility Debt Issuance December 6, 2022

Page 2 ends

BUDGET/FINANCIAL INFORMATION:

Municipal financial advising services are planned to be paid from the proceeds of the bond issuances.

A copy of the professional services agreement is available for public review in the City Clerk’s Office or by email to [email protected].

PREPARED BY: Keith DeMartini, Finance Director
SUBMITTED BY: Keith DeMartini, Finance Director
APPROVED BY: City Administrator's Office

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: December 6, 2022
TO: Mayor and Councilmembers
FROM: Water Resources Division, Public Works Department SUBJECT: Water and Wastewater Service Agreement for 4 Sunrise Hill Lane [Agreement]
RECOMMENDATION: That Council:

DISCUSSION:

The project site is a vacant parcel located in the County of Santa Barbara (County), outside City of Santa Barbara (City) limits. The City already provides water and wastewater service to other properties in the vicinity of 4 Sunrise Hill Lane, and the property is fronted by an existing City water main. No other water or sanitary districts operate in the vicinity of the project site.

The property owner is in the process of obtaining approvals and permits from the County to perform an SB 9 lot split to split the property into two lots and construct a single-family residence and an Accessory Dwelling Unit on each lot. The owner is seeking water and wastewater service from the City for the proposed residences.

Providing new water or wastewater service by agreement to properties outside City limits requires approval by the Local Agency Formation Commission (LAFCO). The property owner is requesting that Council authorize the execution of the service agreement and the submittal of the required applications to LAFCO. The property owner will pay all LAFCO fees.

In 2019, the previous property owners were pursuing the construction of a single-family residence on the property. Council consented to a Sphere of Influence amendment to bring the property within the City’s sphere, authorized a water and sewer service Agenda Item No. 12
File Code No. 540.06
Council Agenda Report
Water And Wastewater Service Agreement For 4 Sunrise Hill Lane [Agreement] December 6, 2022

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Santa Barbara City CouncilDecember 6, 2022

Santa Barbara City Council
December 6, 2022