Santa Barbara City Council
March 14, 2023

BUDGET/FINANCIAL INFORMATION:

Adequate expenditure appropriation exists to fund this purchase order in the Airport Operating Fund budget in Fiscal Year 2023.

PREPARED BY: Andrew Bermond, Facilities Manager
SUBMITTED BY: Chris Hastert, Airport Director
APPROVED BY: City Administrator's Office

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: March 14, 2023
TO: Mayor and Councilmembers
FROM: Airport Department
SUBJECT: Authorize the Airport Commission to Prepare a Response to City of Goleta Letter to Santa Barbara City Council Regarding Aircraft Noise Action Plan Request
RECOMMENDATION:

That Council authorize the Airport Commission to prepare response to City of Goleta letter to Santa Barbara City Council regarding aircraft noise action plan request.

DISCUSSION:

Background
In response to a recent increase in noise complaints, the City of Goleta hosted a public workshop on December 7, 2022 to review Airport development projects and to provide information regarding aircraft noise. Santa Barbara Airport staff provided a presentation and responded to comments and questions from the Goleta City Council and the public at the workshop. Airport staff, City of Goleta Council, and the public explored several possible strategies to address noise concerns.

On January 17, 2023, the City of Goleta Council authorized Mayor Perotte to sign and transmit a letter to the Santa Barbara City Council regarding a request for a Santa Barbara Municipal Airport Aircraft Noise Action Plan (Action Plan). Prior to this, City of Goleta and Airport staff were meeting over the preceding months to identify specific steps that can be taken to address noise impacts.

Request
The January 17, 2023 letter from the Goleta City Council to Santa Barbara City Council summarized a number of possible strategies related to reducing airport noise, which were discussed at the December 7, 2022 workshop. The letter requested Council support and direct Airport staff to develop an Airport Aircraft Noise Action Plan that would build upon these strategies and include an implementation schedule.

Agenda Item No. 12
File Code No. 560.14
Council Agenda Report
Authorize the Airport Commission to Prepare a Response to City of Goleta Letter to Santa Barbara City Council Regarding Aircraft Noise Action Plan Request March 14, 2023

Airport staff considered the technical aviation subject matter of the thirteen proposed strategies in the January 17, 2023 letter and recommend that Council refer the technical response to the purview of the Santa Barbara Airport Commission (Airport Commission).

If referred to the Airport Commission, staff will work with the Commission to prepare a thorough response for Council’s consideration at a future date. If approved today, staff could present the letter and draft responses to the Airport Commission as early as April 2023.

BUDGET/FINANCIAL INFORMATION:

Staff has met and considered each item in the letter. While a separate consultant contract may be helpful for addressing some issues, staff is confident that the issues can be addressed in-house. Though the additional work to implement the strategies noted in the letter was not included in an existing project budget or staff workplan, staff will accommodate the additional workload to respond to the request.

ATTACHMENT(S): City of Goleta Letter to City of Santa Barbara Council Dated January 17, 2023 Re: Santa Barbara Airport – Aircraft Noise Action Plan
PREPARED BY: Sara Iza, Airport Development Manager/mg
SUBMITTED BY: Christopher Hastert, CM, Airport Director APPROVED BY: City Administrator’s Office

ATTACHMENT
January 17, 2023 SENT VIA EMAIL

CI TY CO UNCI L
Paula Perotte
Mayor
Kyle Richards
Mayor Pro Tempore
Stuart Kasdin
Councilmember
James Kyriaco
Councilmember
District 2
Luz Reyes-Martín
Councilmember
District 1

CI TY MAN AGE R
Robert Nisbet
Santa Barbara City Council
City of Santa Barbara, City Hall
735 Anacapa Street
Santa Barbara, CA 93103
RE: Santa Barbara Airport – Aircraft Noise Action Plan
Dear Mayor Rowse and Councilmembers:

The Goleta City Council wishes to express appreciation for your willingness to work proactively and cooperatively with us to address noise concerns resulting from Santa Barbara Airport (Airport) operations. We also commend Airport staff for their collaborative approach under Airport Director Chris Hastert’s leadership in working with Goleta staff and residents on these issues. In this regard, we would also like to request certain follow-up actions to the recent City of Goleta Council public workshop at which Airport staff presented information and responded to questions.

As you know, the Airport, which serves as an important commercial air travel hub for the region, is located within the City of Santa Barbara’s jurisdiction adjacent to the City of Goleta. Airport operations, existing and planned, are of great interest and concern to the City of Goleta and its residents. The effects of flight noise, traffic, and other Airport-related impacts are felt broadly in the City of Goleta, as the City is almost entirely located within the Airport Influence Area. In particular, aircraft noise continues to be a concern for Goleta residents.

On December 7, 2022, the City of Goleta hosted a public workshop regarding Airport projects and aircraft noise. The presentation and response to Goleta City Council and public comment was led by City of Santa Barbara Airport Director Chris Hastert and his staff. During the workshop, detailed and extensive comments were expressed by the Council and public regarding aircraft noise concerns. Airport staff, January 17, 2023

together with the Goleta City Council and public, explored a number of possible strategies to address noise concerns. Some of the strategies included:
1) Reinstate the Runways 7 and 25 voluntary flight procedure for visual and instrument flights over the Ellwood-Devereux Open Space and More Mesa area.

The community desire is to include all operations within these corridors to the maximum extent possible.
2) Prepare charted visual approach procedures to align aircraft on flight paths that mitigate noise exposure over residential communities. These procedures can also improve communications between pilots and the Federal Aviation Administration (FAA) air traffic control tower (ATCT) to further encourage flight path compliance. 3) Incentivize airline compliance with noise abatement flight paths. 4) Encourage all four airlines serving the Airport to use a “proprietary” instrument approach procedure currently used by three of the four airlines. 5) Address noise issues and noise abatement compliance at the time the Airport negotiates with new airlines and new routes by existing airlines. 6) Address business jet operations and chartered aircraft separately from commercial airlines through outreach to Fixed Base Operators (FBO) supporting these owners and operators. Create noise mitigation procedures specifically for charter aircraft and business and private jets by aligning with National Business Aircraft Association (NBAA) Noise Abatement Program. Apply these procedures to east and west noise abatement corridors used for airline and general aviation operations.
7) Analyze and report on departure procedure use, which departure and arrival procedures are “quietest” and whether those are being used most often (if not, why). Explore solutions for reducing noise impacts especially during early morning and late evening hours.
8) Explore new outreach efforts to pilots to get them information on preferred approach and departure procedures and noise-mitigating measures. 9) Explore the potential benefits and costs of a voluntary aircraft noise curfew, understanding the trade-off that airlines and passengers would likely lose some flight connections.
10) Analyze and report on the fleet mix at the Airport, the number of older, louder aircraft still landing and departing, and hours of operation. Develop strategies to discourage older, louder aircraft use, especially during early morning and late evening hours.
11) Gather and report data on aircraft particulate emissions. 12) Advise on an amendment to Santa Barbara Airport Commission Charter to give the City of Goleta a permanent seat and voice in Airport decisions directly impacting the City. Include informal consideration of City of Goleta nominations for Commission representatives from the City of Goleta or County of Santa Barbara.

January 17, 2023

13) Develop “fly quiet” flight procedures for takeoff and arrival for all operations to mitigate noise impacts to residential areas around the Airport.

As a follow-up to the workshop, we are seeking your support and direction to Airport staff to develop an Airport Aircraft Noise Action Plan (Action Plan) as soon as possible. The Action Plan would build upon the strategies discussed during the workshop and include an implementation schedule. The Action Plan and implementation schedule would help address many noise complaints.

Thank you again for this opportunity to collaboratively address important Airport aircraft noise impacts that directly affect the Goleta community. We are open to ways that our elected officials and staff might further assist you and your staff in this regard. Together, we will find the necessary solutions that will support Airport operations while protecting the Goleta community from excessive and disruptive noise.

We appreciate the City Council’s consideration of this request. Please feel free to contact me at [email protected] or Peter Imhof, Goleta Planning and Environmental Review Director, at [email protected] or 805-961-7541, if you would like to discuss our request in more detail.

Sincerely,
Paula Perotte
Mayor
cc: City of Goleta City Council Members
Joan Hartmann, Santa Barbara County Third District Supervisor, Chair Laura Capps, Santa Barbara County Second District Supervisor Chris Hastert, Santa Barbara Airport Director
Cecilia Fabulich, Clean and Quiet SBA
Robert Nisbet, Goleta City Manager
Peter Imhof, Goleta Planning and Environmental Review Department Director

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: March 14, 2023
TO: Mayor and Councilmembers
FROM: Administration Division, Public Works Department
SUBJECT: Five-Year Capital Improvement Program for Fiscal Years 2024-2028 RECOMMENDATION:

That Council accept the Five-Year Capital Improvement Program for Fiscal Years 2024 through 2028.

EXECUTIVE SUMMARY:

In accordance with City Charter Section 604(d), the City of Santa Barbara (City)’s FiveYear Capital Improvement Program (CIP) has been prepared and filed with the City Clerk.

The goals of the CIP are to:
 Provide a planning document for capital improvements, including information supporting the necessity for such improvements, over a five-year planning period;  Identify unmet capital needs based on anticipated funding levels; and  Provide a plan for capital improvements as a basis for preparing the two-year Capital Budget for the coming budget cycle.

The CIP forecasts the City's capital needs over a five-year period based on various longrange plans, goals, and policies. The first two years of the program include projects that form the basis for the next Two-Year Financial Plan, with the remaining three years used to plan for future projects. Additionally, the CIP includes significant projects with an expected funding horizon beyond the next five years (Future Needs). The long-range nature of the CIP has become even more important in the past few years due to the complex economic, environmental, and planning requirements that many projects face from conception through actual construction. The CIP includes both funded projects and unfunded needs and is updated every two years to coincide with the City’s Two-Year Financial Plan. It is a key element in developing the City’s annual Capital Budget.

The CIP for Fiscal Years 2024 to 2028 includes projects for the Airport, Community Development, Fire, Information Technology, Library, Parks and Recreation, Police, Public Works, Sustainability & Resilience, and Waterfront Departments, and totals approximately $1.58 Billion for the five-year planning period plus Future Needs. Projects proposed for Agenda Item No. 13
File Code No. 230.01
Council Agenda Report
Five-Year Capital Improvement Program for Fiscal Years 2024-2028 March 14, 2023

funding total approximately $775 Million, with approximately $805 Million in unfunded projects. Financial summary tables containing all projects and funding sources are included as the first page of each department’s section in the CIP.

Capital projects may be recommended for full funding, partial funding, or no funding. Major sources of funding are Measure C sales tax revenues, City enterprise funds such as the Water Fund, and dedicated funds. Limitations imposed by local, state, or federal laws associated with the funding source restrict the use of dedicated funds. For the most part, these funds are accounted for in the City’s special revenue or enterprise funds such as Measure B, Streets Capital Fund, Airport Fund, and Water and Wastewater Funds. Grants also provide a significant source of revenue, especially for Creeks projects, Airport projects, multi-modal transportation projects, and bridges.

DISCUSSION:

Capital Project Definition
A capital project is generally defined as an activity that creates, improves, replaces, repairs, or maintains a fixed asset with a total cost of $100,000 or greater, with a life expectancy of more than five years. Examples of fixed assets include land, parks, buildings, streets, bike paths, bridges, stormwater facilities, and wastewater systems. Certain types of equipment, such as the hardware attached to or purchased with the land or building, are also included.

Capital projects involve non-recurring expenditures or capital outlays from a variety of specifically identified funding sources and do not duplicate normal maintenance activities funded by the operating budget. For budgeting purposes, large one-time expenses, such as major software applications and studies or plans, are also included in the CIP for transparency and communication with the community. This allows these large one-time expenses to be allocated funding. One example is the Airport Department’s Airfield Drainage Study, which assesses stormwater management needs on the entire airport property, especially related to future airport development and the effects of sea level rise.

CIP Development
During early fall, staff develop draft CIP projects using input and requests from a variety of sources, including City Council direction, City Board and Commission recommendations, community input, regulatory requirements, required infrastructure (such as computer hardware and software) upgrades, and projects identified in the City’s adopted plans and policy documents. Typically, CIP development is an eight-month process, beginning in August in even-numbered years and ending the following spring with budget development.

CIP department representatives develop projects, which are then reviewed by City Boards and Commissions that advise Council on various City programs.

On January 19, 2023, the Planning Commission reviewed projects added to the CIP, found the projects consistent with the City’s General Plan, and recommended that they be brought before City Council.

Council Agenda Report
Five-Year Capital Improvement Program for Fiscal Years 2024-2028 March 14, 2023

Other City Boards and Commissions are also delegated authority through the City Charter (Sections 807, 809-813) to review construction, improvement, erection, and maintenance of City assets and to plan for acquisition and repair of existing facilities and equipment. The Boards and Commissions review CIP projects in their purview for consistency with existing plans, programs, and ordinances, and make recommendations to City Council as part of the budget and future planning for each program area.

Board, Committee, and Commission Action Summaries
The following table lists the City Boards, Committees, and Commissions that govern program areas, the CIP projects under their purview, and their actions:

Board/Commission CIP Program
Reviewed
Meeting
Date Action
Airport Commission Airport 10/19/22 The Airport Commission received a staff presentation on the proposed
CIP for Fiscal Years 2024-2028.

Creeks Advisory
Committee
Creeks and
Water Quality
Improvement
10/26/22 The Committee received a
presentation and discussed the
proposed CIP for Fiscal Years 2024-
2029, and recommended that the City
Administrator forward the proposed
program to City Council for review
and approval as part of the Fiscal
Years 2024-2025 financial plan.

Downtown Parking
Committee
Public Works -
Downtown
Parking
11/10/22 The Downtown Parking Committee
received an overview and provided
comments on the Draft Public Works
Downtown Parking CIP for Fiscal
Years 2024-2028.

Harbor Commission Waterfront 10/20/22 The Harbor Commission reviewed and approved the proposed
Waterfront Department Five-Year
CIP for Fiscal Years 2024-2029.

Library Board Library 10/13/22 The Library Board received a presentation on the CIP for Fiscal
Years 2024-2028, including funding
status and priority level for each
project.

Parks and Recreation
Commission
Parks and
Recreation
11/16/22 The Parks and Recreation
Commission reviewed the proposed
General Fund Fiscal Years 2024-
2028 CIP with a focus on capital
project priorities for Fiscal Years 2024
and 2025.

Council Agenda Report
Five-Year Capital Improvement Program for Fiscal Years 2024-2028 March 14, 2023

Board/Commission CIP Program
Reviewed
Meeting
Date Action
Transportation and
Circulation
Committee
Public Works -
Streets &
Transportation
10/27/22 The Transportation and Circulation
Committee received an overview and
provided comments on the draft
Public Works Streets and
Transportation CIP for Fiscal Years
2024-2028 and the draft Streets CIP
Budget for Fiscal Years 2024-2025.

Water Commission
Public Works -
Wastewater
and Water
11/17/22
The Water Commission received a
presentation on the Wastewater and
Water Fiscal Years 2024-2028 CIP
and recommended that the Water
Resources CIP be forwarded to the
Planning Commission and City
Council.

Following City Council’s acceptance of the CIP, projects scheduled for Fiscal Years 2024 and 2025 are prioritized and budgeted as funding allows in the Fiscal Years 2024 and 2025 Capital Budgets, included in the budget City Council typically adopts in June.

Types of Capital Needs
To be included in the CIP, capital projects generally meet one or more of the following criteria:
 Contribute to the development or implementation of Council-adopted plans and policies;  Address health and safety needs, reduce City liability, or improve access to City facilities for those with disabilities;
 Maintain existing assets or improve the efficiency of City operations;  Improve revenue potential or enhance existing programs;  Respond to a request from a neighborhood group, citizen, government entity, or City advisory group;
 Be funded from current and/or projected revenue streams (including additional operating requirements); and
 Placeholder projects and unfunded projects reflecting unmet needs, forming the basis for grant applications.

Project Identification
Potential projects to address new capital needs or maintain, expand, or enhance existing capital assets are derived from a number of sources. These include:
 Functional plans such as Transportation, Airport, Parks, Wastewater, or Storm Water System Master Plans and studies;
 Neighborhood and other refinement plans;
Council Agenda Report
Five-Year Capital Improvement Program for Fiscal Years 2024-2028 March 14, 2023

 Requests from citizen groups, neighborhood associations, and community organizations;
 Requests from City Council;
 Regulatory changes or requests from other government entities, such as school districts, federal, or state agencies;
 City Departments; and
 City Boards, Committees, and Commissions.

Project Prioritization
Given the wide variety of specialized funding sources and the framework of adopted plans and policies, CIP project prioritization does not follow a one-size-fits-all process. Common prioritization focuses are:

1. Safety;

2. Maintaining existing infrastructure; or

3. Other considerations such as:
 Needs identified in each program area,
 Total amount of funding projected to be available,
 Limitations on how funding can be used, and
 Any direction provided by City Council, outside agencies, or other sources of input and guidance.

Projects listed in the first two years are considered budget-ready projects and have been prioritized by that program area. The first two years’ CIP projects are considered for funding during the preparation of the City’s annual Capital Budget.

CONCLUSION:

The CIP has been developed by the CIP representatives from each City Department and reviewed by governing Boards, Committees, and Commissions for general consistency with the City’s plans and programs. The CIP is a comprehensive description of capital maintenance and improvement needs for facilities throughout the City. The CIP will form the basis for prioritizing projects included in the Fiscal Years 2024 and 2025 budget and financial plan.

PREPARED BY: Michael Pease, Public Works Business Manager/lm SUBMITTED BY: Clifford M. Maurer, P.E., Public Works Director APPROVED BY: City Administrator’s Office

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: March 14, 2023
TO: Mayor and Councilmembers
FROM: Planning Division, Community Development Department SUBJECT: Appeal of Planning Commission’s Approval of a Parking Modification at 621 W. Micheltorena Street
RECOMMENDATION: That Council:

A. Consider the appeal of Andrew Hazlett, Reicker, Pfau, Pyle & McRoy LLP, on behalf of Auto Fuels, Inc., of the Planning Commission’s Approval of a Parking Modification at 621 W. Micheltorena Street; and the determination that the project is exempt from further environmental review under California Environmental Quality Act Guidelines Section 15332 (In-Fill Development Projects); and B. Direct staff to return to Council with a Decision and Findings Resolution reflecting the outcome of the appeal hearing.

EXECUTIVE SUMMARY:

On December 15, 2022, the Planning Commission approved a Conditional Use Permit (CUP), a Development Plan, and a Parking Modification to allow the construction of a three-story, approximately 11,149-square-foot medical, behavioral health, and dental clinic with an on-grade parking garage containing 11 parking spaces. An off-site parking covenant is proposed to provide 22 employee parking spaces at 21 E. Constance, with a shuttle service to bring employees to and from the project site.

On January 3, 2023, the Parking Modification approval was appealed by Andrew Hazlett on behalf of Auto Fuels, Inc. Refer to Attachment 1, p. 1-8, for Appellant’s Letter.

DISCUSSION:

Project Description
The 10,454-square-foot project site is located at the southwest corner of W. Micheltorena and Almond Avenue and is currently developed with a commercial building. The approved Agenda Item No. 14
File Code No. 640.07
Council Agenda Report
Appeal of Planning Commission’s Approval of a Parking Modification at 621 W.

Micheltorena Street
March 14, 2023

project includes demolition of the existing, two-story, 4,000-square-foot commercial building and 16 on-grade parking spaces, and construction of a three-story, approximately 11,149-square-foot medical, behavioral health and dental clinic with an on-grade parking garage containing 11 parking spaces. An off-site parking agreement is proposed to provide 22 employee parking spaces at 21 E. Constance, with a free shuttle service to bring employees to and from the project site. The shuttle service would involve a 10- to 12-seat passenger van that would make pick-up and drop-off trips during the shift start and end times and periodically throughout the day. Refer to Attachment 1, p. 38-63 for Project Plans and Applicant Letter.

Background and Planning Commission Review of Parking Modification A preliminary project application was reviewed by staff in November 2019. Staff expressed concern with the amount of on-site parking provided relative to the parking requirement, and requested a parking demand study. A formal project application was reviewed in November 2021. Although a parking demand study was provided, staff requested additional information in order to do a complete review and provide feedback on supportability. An off-site parking location had not been identified at that time.

When the project was resubmitted in November 2022, the applicant proposed to supplement the 11 on-site spaces with an off-site location that would provide 22 additional parking spaces intended for use by clinic employees. The off-site parking location at the First Presbyterian Church located at 21 E. Constance Avenue, is 1.8 miles (9,500 feet) from 621 W. Micheltorena Street, or an approximate seven-minute drive. The church has a surplus of parking per the Zoning Ordinance and is therefore able to offer the 22 identified spaces to the project. The proposal includes a shuttle from the off-site parking lot to the clinic Monday through Friday.

An updated Parking Demand Study, prepared by Associated Transportation Engineers dated October 11, 2022 was provided, in addition to a Supplemental Parking Study dated November 21, 2022 to address parking on Saturdays (Attachment 1, pp. 71-79 and 80- 83, respectively). The studies identified anticipated staff and patient levels for the new clinic and estimated how many would drive to the site based on data collected at the existing Westside Neighborhood Clinic facilities. The studies concluded that the parking demand for the proposed clinic is 33 spaces Monday through Friday (11 spaces for patients and 22 spaces for staff) and eight spaces on Saturdays (five spaces for patients and three spaces for staff). Given that on-site parking would satisfy patient demands and off-site parking would satisfy employee demands, the project would satisfy its parking demand according to the Parking Demand Study.

The parking requirement for a hospital or clinic use is one space per 250 square feet per Santa Barbara Municipal Code (SBMC) §30.175.040; therefore, 44 parking spaces are required for the 11,149-square-foot building.

Council Agenda Report
Appeal of Planning Commission’s Approval of a Parking Modification at 621 W.

Micheltorena Street
March 14, 2023

The City’s Parking Ordinance allows for off-site parking (SBMC §30.175.060.A.1); however, the off-site parking facility must be located closer than 500 feet to the principal entrance for the use, along a designated pedestrian route. The Public Works Director may approve a distance of up to 1,250 feet for a nonresidential use. All off-site parking spaces must be assigned with adequate signage, and a recorded agreement is required.

As noted above, the on-site parking is expected to satisfy parking demand on Saturdays, but not Monday through Friday. The proposed off-site parking lot would provide enough additional parking to satisfy the parking demand Monday through Friday, but it is located significantly farther away than is allowed under the Zoning Ordinance. As such, in order for the City to approve the project with the offsite parking, a parking modification is required.

The applicant requested a parking modification to provide 33 parking spaces (11 on-site and 22 off-site). Persuant to SBMC Section 30.250.060. B, in order to approve the parking modification for a nonresidential use the Planning Commission, and Council on appeal, has to make one of the following findings:
1) the reduced parking will meet anticipated parking demand generated by the project site; or
2) there are other criteria consistent with the purposes of the parking regulations and based on unusual or unique circumstances of a particular case, as deemed appropriate by the Planning Commission.

On December 15, 2022, the Planning Commission approved the parking modification to provide 11 spaces on-site and 22 spaces off-site. The Planning Commission was able to find that the project’s provision of a shuttle to take staff to and from the off-site parking location compensated for the fact that the off-site parking was located well beyond the maximum 1,250-foot distance. By incorporating this shuttle service, along with a recorded agreement to ensure the off-site parking and shuttle are provided, the Planning Commission was able to support the requested parking modification based on the unusual and unique circumstances. The Planning Commission also noted that the proposed use provides a broad public benefit and provides medical care to lower-income residents regionally and specifically within the Westside neighborhood. Refer to Attachment 2 Planning Commission Minutes and Attachment 3 Planning Commission Resolution.

Appeal Issues
Andrew Hazlett of Reicker, Pfau, Pyle & McRoy LLP is appealing the Parking Modification on behalf of Auto Fuels, Inc. located at 1502 San Andres Street. Refer to the appeal letter for complete text; the appeal issues are summarized below.

Council Agenda Report
Appeal of Planning Commission’s Approval of a Parking Modification at 621 W.

Micheltorena Street
March 14, 2023

1. The approval violates the Municipal Code SBMC §30.175.040.A.3 Exceptions and Reductions because none of the exceptions or reductions identified in SBMC §30.175.050 apply to this project.

It is an accurate statement that none of the exceptions or reductions in SBMC §30.175.050 apply to this project; however, SBMC Section 30.250.020.A allows projects to request a parking modification for a reduction in parking not expressly allowed as an exception or reduction. The applicant applied for a parking modification, which was approved by the Planning Commission based on unusual and unique circumstances surrounding the benefit of the use to the local residents and the provision of a shuttle to an offsite parking location.

2. The Planning Commission improperly relied on the Project’s Designation as a Community Benefit Project as justification for granting the modification.

This assertion is not necessarily accurate, as identified in the Planning Commission findings in support of the parking modification (Attachment 3 Planning Commission Resolution), the leading factor in Planning Commission’s approval was provision of offsite parking with a shuttle and a legally binding agreement to ensure the off-site parking is provided (Attachment 1, p. 86-88). Additionally, they found that the on-street loading zone on Almond Avenue will help alleviate parking demands in the neighborhood as it provides a designated area for delivery trucks, the shuttle bus, and patient drop-off that would not impede roadway access.

3. The Planning Commission improperly approved the parking modification despite Staff’s concerns regarding the proposed parking modification.

Staff conveyed concerns to the Planning Commission that the off-site parking would not be optimal due to the distance between locations, time spent waiting for the shuttle, and concern that if shuttle waiting time was too long, employees would be more likely to park in the neighborhood. After reviewing the staff report, conditions of approval, and hearing public comment and the applicant’s presentation, the Planning Commission found that the off-site parking with associated shuttle service was adequate to address the parking needs of the project.

4. The off-site parking is not a valid allowance under SBMC §30.175.060.A.1; the Planning Commission is prohibited from considering the 22 spaces located 1.8 miles away.

SBMC §30.175.060.A.1 allows for off-site parking to be located up to 1,250 feet from a non-residential use if approved by the Public Works Director. The 1,250-foot maximum distance allowance for a non-residential use is based upon the typical distance someone is willing to walk to a destination before choosing another form of transportation. In this case, the off-site parking is 1.8 miles away, which is too far for most people to walk and is why the Westside Neighborhood Clinic has proposed to provide an employee shuttle.

Council Agenda Report
Appeal of Planning Commission’s Approval of a Parking Modification at 621 W.

Micheltorena Street
March 14, 2023

If the Westside Neighborhood Clinic, were to find another off-site location within 1,250 feet, a shuttle would not be required. The Planning Commission is allowed to consider and approve the off-site parking with associated shuttle service under the “unusual or unique circumstances” provision of the parking modification findings.

5. The approval of the parking modification is invalid because the project cannot be found unusual or unique and the criteria are not consistent with the purposes of the parking regulations because the proposed parking would not accommodate the majority of the Project’s users or satisfy anticipated demand, would not comply with the requirements for off-site parking, and would lead to additional negative impacts on the community
The Parking Demand Study prepared for the project found that the project’s highest parking demand would be 33 parking spaces. The project provides 33 parking spaces, though 22 of them are off-site. The unique circumstance in this case is that the applicant is proposing a free employee shuttle service to transport staff from the off-site parking location to the project site because it is located more than 1,250 feet away. Planning Commission found the Parking Demand Study to be adequate, and that the proposed shuttle service to bring staff to/from the off-site parking lot was an appropriate way to satisfy the parking demand. This determination is consistent with the purposes1 of the City’s parking regulations in that it allows for flexibility and reductions in parking design and the number of spaces provided, where warranted, while providing sufficient off-street parking.

6. The approval ignored the fact that the project will expand and compound the impacts of the existing dispute with the existing facility at 628 W. Micheltorena, which is located adjacent to the Appellant’s property.

The existing clinic located at 628 W. Micheltorena Street is not proposing any physical changes to the structure and is not part of the project proposed at 621 W. Micheltorena.

As such, any parking impacts which may be created by the exisintg clinic at 628 W.

Micheltorena were not considered. Staff acknowledges that 628 W. Micheltorena has one ADA parking space and is severely underparked. However, this existing development is 1 The purposes of the parking regulations are as follows (SBMC §30.175.010):

A. Provide for parking facilities and site design that allow for choice in transportation modes; B. Provide sufficient off-street automobile and bicycle parking spaces to accommodate the majority of users of a site over time;
C. Provide standards for safe and well-designed parking, loading and vehicle circulation areas, promote attractive pedestrian routes, and provide landscaping requirements to screen, shade, and beautify parking and circulation areas;
D. Promote community character, protect historic resources, and limit the environmental and urban design impacts that can result from off-street parking and circulation; E. Create buffers between parking facilities and surrounding sensitive land uses; F. Allow for reductions of the number of required spaces where warranted; and G. Allow for flexibility in parking design where warranted.

Council Agenda Report
Appeal of Planning Commission’s Approval of a Parking Modification at 621 W.

Micheltorena Street
March 14, 2023

non-conforming to parking, which means the use is allowed despite the lack of parking.

According to the applicant, a medical clinic has been operating at that site since 1978. 628 Micheltorena Street is allowed to continue operating under its non-conforming parking status.

7. The Planning Commission’s reliance on the parking demand studies is flawed because the studies are not current and do not account for visitors via “Taxi, Uber, Easy Lift, other” despite the fact that those visitors require on-site parking.

The Parking Demand Study was based on a survey of existing staff and patients at the Clinic, which found that 62 percent of staff and 64 percent of patients drove (or were driven) to the site. The survey included modes of travel such as taxi/Uber/Lyft. The project includes a Loading Zone where taxi, Uber, or Lyft-type businesses could drop off or pick up staff/patients on Almond Avenue.

8. The approval improperty relied on the proposed “drop-off” zone which is insufficient in size to accommodate the anticipated volume.

The proposed 30-foot-long drop-off zone was sized to accommodate the size of a delivery vehicle, which is the largest vehicle type anticipated to serve the clinic and nearby properties. If the curb space is occupied, smaller vehicles can drop off in the project’s parking lot.

9. The approval does not account for the existing facility at 628 W. Micheltorena.

The development at 628 W. Micheltorena is a legal use, with non-conforming parking. It is a separate property from the project site. The Planning Commission did not account for the existing Clinic facility at 628 W. Micheltorena Street because the project in front of the Planning Commission for a decision was only the project at 621 W. Micheltorena. The Planning Commission was able to find that the project at 621 W. Micheltorena was supportable on its own merits, and there is no requirement for the Planning Commission to consider the existing facility across the street.

10. The Off-Site Parking Covenant contains no protections for the Appellant or other community members in the event that the off-site parking is lost.

As part of the condition of approval for the parking modification, the project would be subject to a recorded Off-Site Parking Covenant that must be complied with in order for the use of the site as a neighborhood clinic to continue (Attachment 1 – page 86). The draft Covenant includes clauses not found in the City’s standard off-site parking agreement to ensure to the best of staff’s ability that the off-site parking will be successful and will minimize impacts to the neighborhood. For example, employees must sign an agreement acknowledging the off-site parking and agreeing not to park within a threeblock radius of the property. Additionally, the Clinic must monitor employee parking and provide annual employee parking reports to the City. In the event the off-site parking Council Agenda Report
Appeal of Planning Commission’s Approval of a Parking Modification at 621 W.

Micheltorena Street
March 14, 2023

spaces cease to be available, replacement spaces must be found. If parking cannot be adequately addressed off-site, use as neighborhood clinic may not continue. As part of the Planning Commission’s approval, they added a provision to the Covenant that the applicant can request a 90-day extension from the Community Develompent Director to provide an alternate off-site location if additional 22 spaces are no longer available at 21 E. Constance Avenue .

11. The approval of the parking modification is improper in the absence of an amendment to the Municipal Code with equal, consistent, City-wide application.

SBMC Section 30.250.020.A expressly allows modifications of a project’s parking requirement to be made as a discretionary decision. No amendment of the Municipal Code is required.

ENVIRONMENTAL REVIEW:

The project qualifies for an exemption from further environmental review under Section 15332 [Infill Development Projects] of the California Environmental Quality Act (CEQA) Guidelines because the project involves construction of infill development on a site that is less than five acres, is substantially surrounded by urban uses, and is consistent with the applicable general plan designation and all applicable general plan policies as well as with the applicable zoning designation and regulations; the project site has no value as habitat for endangered, rare, or threatened species; the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and the site can be adequately served by all required utilities and public services.

The project site is a developed 0.24-acre site within City limits that has no habitat value.

The project is located in an existing transit priority area (15 minute or less headways within a half mile distance), and therefore the project is presumed to cause a less-thansignificant transportation impact under CEQA.

Staff has reviewed the proposal and site conditions and has determined that the project complies with all conditions of this exemption.

BUDGET/FINANCIAL IMPACT:

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

CONCLUSION:

Staff recommends that City Council consider the Planning Commission’s approval of the project. If Council concurs with the Planning Commission that the Parking Modification findings can be made, and the project is exempt from further environmental review under CEQA, then the appeal should be denied.

Council Agenda Report
Appeal of Planning Commission’s Approval of a Parking Modification at 621 W.

Micheltorena Street
March 14, 2023

If Council cannot make these findings, the appeal may be upheld and Council should identify how the project does not comply with the findings necessary to approve the Parking Modification. Staff also recommends that Council direct staff to return with a decision and findings resolution reflecting the outcome of the appeal.

ATTACHMENTS:

1. Appeal Letter from Andrew Hazlett dated January 3, 2023, including Planning Commission Staff Report with Exhibits
 Potential Draft Conditions of Approval
 Project Plans
 Applicant's Letter, Dated November 21, 2022
 ABR Minutes
 Applicable General Plan Policies
 Updated Parking Demand Study Prepared by ATE, Dated October 11, 2022  Supplemental Parking Study Prepared by ATE, Dated November 21, 2022  First Presbyterian Church of Santa Parking Lot Use Agreement  Draft Off-Site Parking Covenant

2. Planning Commission Minutes

3. Planning Commission Resolution No. 016-22
PREPARED BY: Kelly Brodison, Associate Planner
SUBMITTED BY: Elias Issacson, Community Development Director APPROVED BY: City Administrator’s Office

City of Santa Barbara

PLANNING COMMISSION

MINUTES
DECEMBER 15, 2022
1:00 P.M.

City Hall, Council Chambers
735 Anacapa Street
SantaBarbaraCA.gov
COMMISSION MEMBERS:

Roxana Bonderson, Vice Chair
John M. Baucke
Jay D. Higgins
Sheila Lodge
Devon Wardlow
Lesley Wiscomb
STAFF:

Tava Ostrenger, Assistant City Attorney
Allison DeBusk, Senior Planner
Gillian Fennessy, Commission Secretary

CALL TO ORDER
Chair Bonderson called the meeting to order at 1:03 p.m.

III. NEW ITEMS
B. ACTUAL TIME: 3:02 P.M.
621 W. MICHELTORENA STREET
Assessor’s Parcel Number: 039-041-020
Zoning Designation: C-R (Commercial Restricted)
Application Number: PLN2020-00030
Applicant: Trish Allen, SEPPS
Owner: Santa Barbara Neighborhood Clinics
The 10,454-square-foot site is developed with a two-story, 4,000-square-foot commercial building and 16 on-grade parking spaces, all of which is proposed to be demolished. The proposed development consists of a three-story, approximate 11,149-square-foot medical, behavioral health and dental clinic and an on-grade parking garage with 11 spaces. An off-site parking covenant is proposed to provide 22 employee parking spaces off-site at 21 E. Constance, with a shuttle service to bring employees to and from the project site.

The discretionary decisions required at this hearing under the purview of the Planning Commission are:

1. A Modification to allow for less than the required number of parking spaces (Santa Barbara Municipal Code (SBMC) §30.175.040 and §30.250.020);

2. A Development Plan to allow the construction of 6,352 square feet of net new nonresidential floor area (SBMC Chapters 30.170 and 30.230); ATTACHMENT 2
Planning Commission Minutes December 15, 2022 Page 2 of 2

3. A Conditional Use Permit to allow a State-Licensed clinic to operate in the C-R (Commercial Restricted) Zone (SBMC §30.25.020 and Chapter 30.215); and

4. Determine that the project is categorically exempt from further environmental review pursuant to California Environmental Quality Act Guidelines Section 15332 (Infill Development Projects).

EX PARTE COMMUNICATION: Commissioner Higgins disclosed an ex parte communication with the applicant regarding the project.

Kelly Brodison, Associate Planner, gave the Staff presentation and was joined by Jessica Grant, Supervising Transportation Planner.

Trish Allen, SEPPS gave the Applicant presentation, and was joined by Brian Goff, Santa Barbara Neighborhood Clinics Board Chairman; Dr. Mahdi Ashrafian, Chief Executive Officer of Santa Barbara Neighborhood Clinics; Brian Cearnal, Architect; and Courtney Jane Miller, Landscape Architect.

Public comment opened at 3:32 p.m., and the following individuals spoke:

1. Andrew Hazlett

2. Ron Werft

3. Dr. Fred Kass

4. Dr. Lynn Fitzgibbons

5. Lilly Bastew

6. David Hopkins

7. Joan Marshall
Public comment closed at 4:00 p.m.

MOTION: Baucke / Higgins Assigned Resolution No. 016-22 Approve the project and uphold staff’s determination that the project is categorically exempt from further environmental review pursuant to California Environmental Quality Act Guidelines Section 15332 (Infill Development Projects), making the findings for the Parking Modification, Development Plan, and Conditional Use Permit as outlined in the Staff Report dated December 8, 2022, subject to the Conditions of Approval as outlined in the Staff Report, with the following addition to the Parking Covenant:

1. The applicant can request a 90-day extension from the Community Development Director if they are unable to locate alternative offsite parking.

The motion carried by the following vote:

Ayes: 5 Noes: 1 (Bonderson) Abstain: 0 Absent: 0
Commissioner Bonderson opposed the motion due to the extent of the parking modification; the clinic serves individuals who may have mobility issues and should provide adequate on-site parking for those needs.

The ten-calendar-day appeal period was announced.

CITY OF SANTA BARBARA PLANNING COMMISSION
RESOLUTION NO. 016-22
621 W. MICHELTORENA STREET

PARKING MODIFICATION, DEVELOPMENT PLAN, AND CONDITIONAL USE PERMIT DECEMBER 15, 2022
Assessor’s Parcel Number: 039-041-020
Zoning Designation: C-R (Commercial Restricted)
Application Number: PLN2020-00030
Applicant: Trish Allen, SEPPS
Owner: Santa Barbara Neighborhood Clinics
The 10,454-square-foot site is developed with a two-story, 4,000-square-foot commercial building and 16 ongrade parking spaces, all of which is proposed to be demolished. The proposed development consists of a threestory, approximate 11,149-square-foot medical, behavioral health and dental clinic and an on-grade parking garage with 11 spaces. An off-site parking covenant is proposed to provide 22 employee parking spaces off-site at 21 E. Constance, with a shuttle service to bring employees to and from the project site.

The discretionary decisions required at this hearing under the purview of the Planning Commission are:

1. A Modification to allow for less than the required number of parking spaces (Santa Barbara Municipal Code (SBMC) §30.175.040 and §30.250.020);

2. A Development Plan to allow the construction of 6,352 square feet of net new nonresidential floor area (SBMC Chapters 30.170 and 30.230);

3. A Conditional Use Permit to allow a State-Licensed clinic to operate in the C-R (Commercial Restricted) Zone (SBMC §30.25.020 and Chapter 30.215); and
Determine that the project is categorically exempt from further environmental review pursuant to California Environmental Quality Act Guidelines Section 15332 (Infill Development Projects).

WHEREAS, the Planning Commission has held the required public hearing on the above application, and the Applicant was present.

WHEREAS, seven people appeared to speak and the following exhibits were presented for the record:

1. Staff Report with Attachments, December 8, 2022

2. Project Plans

3. Correspondence received:

NOW, THEREFORE BE IT RESOLVED that the City Planning Commission:

I. Approved the subject application, making the following findings and determinations:

A. PARKING MODIFICATION
ATTACHMENT 3
PLANNING COMMISSION RESOLUTION NO. 016-22
621 W. MICHELTORENA STREET
DECEMBER 15, 2022
PAGE 2
The Planning Commission is supportive of the requested Parking Modification because the project has unusual or unique circumstances as follows:

A Parking Demand Study was prepared demonstrating that the parking demand for the Clinic use is 33 parking spaces. The project is providing 11 spaces on-site and 22 spaces off-site at 21 E.

Constance Avenue. The applicant was not able to locate available parking within the allowable off-site parking distance of 1,250 square feet.

The project is unique in that the use is a non-profit, community benefit use and provides a broad public benefit necessary to meet a present and projected need directly related to public health, safety, or general welfare, as discussed further in the staff report dated December 9, 2022.

The new clinic will provide much needed medical care for the lower-income population within the region and within the surrounding neighborhood with the mission to provide high quality, comprehensive, affordable healthcare and dental care to all people, regardless of their ability to pay, in an environment that fosters respect, compassion and dignity.

The applicant has provided sufficient parking at an-off street location and will provide a shuttle service for employees to get to work that will be documented through a Parking Covenant agreed to between the City and the applicant, in form, content, and intent similar to the draft agreement attached as an Exhibit I to the December 8, 2022, Planning Commission Staff Report. The proposed off-site parking spaces are an approximate seven-minute drive from the project site (not including shuttle wait time) and there will be a yellow curb zone on the west side of Almond Avenue to allow for loading and unloading associated with the staff shuttle, staff and patient drop off and pick up and for deliveries helping to alleviate parking demands in the neighborhood and blocking the street with delivery trucks.

B. DEVELOPMENT PLAN (SBMC §30.230.060):

1. The proposed development complies with all applicable provisions of this title, as described in Section V of the Staff Report dated December 8, 2022.

2. The proposed development is consistent with the principles of sound community planning because the proposed location is ideal to serve the surrounding neighborhood and is central to the City of Santa Barbara and easily accessible by multiple modes of transportation including pedestrian foot traffic, nearby bus stops and bike.

3. The proposed development will not have a significant adverse impact upon the community’s aesthetics or character in that the size, bulk and scale of the development will be compatible with the neighborhood, as evidenced by the Architectural Board of Review making favorable Project Compatibility findings (SBMC §22.68.045), as described in Section VII of the Staff Report dated December 8, 2022.

4. The proposed development is consistent with the policies of the City of Santa Barbara Traffic Management Strategy as expressed in the allocation allowances specified in SBMC §30.170.030, Traffic Management Strategy, as described in Section V of the Staff Report dated December 8, 2022.

C. CONDITIONAL USE PERMIT

1. The proposed use is allowed with a Conditional Use Permit within the Commercial Restricted zone district and complies with all specific requirements for the Conditional Use PLANNING COMMISSION RESOLUTION NO. 016-22
621 W. MICHELTORENA STREET
DECEMBER 15, 2022
PAGE 3
Permit, as well as all other applicable provisions of Title 30 and all other titles of the municipal code as outlined in the staff report dated Dcember 8, 2022 and subject to the identified conditions of approval.

2. The proposed use and development is deemed essential or desirable to the public convenience or welfare because the community clinic will serve the general public and the surronding neighborhood and provides important neighborhood serving medical uses that are easily accessed by neighborhood residents. Additionally, the medical services provided are operated by Santa Barbara Neighborhood Clinic, which provides medical care for the lower-income population. The proposed use and development is consistent with the General Plan as identified Section V.C. of the staff report dated December 8, 2022, and there is no applicable specific plan.

3. The proposed use and development will not be adverse to the public health, safety, or general welfare of the community, nor materially detrimental to surrounding properties or improvements because the project is located in an area of the City with a General Plan Land Use Designation of Commercial and the building will replace an existing commercial building.

4. The total area of the site and the setbacks of all facilities from property and street lines are of sufficient magnitude in view of the character of the land and of the proposed development that significant detrimental impact on surrounding properties is avoided.

5. The design and operation of the project and its components, including hours or manner of operation, outdoor lighting and noise generating equipment, will not be a nuisance to the use of property in the area, particularly residential use because the new facility will operate Monday thru Friday with limited hours on Saturdays. Also, the applicant is providing a 2’- 6” wide dedication to the City for future sidewalk improvements.

6. Adequate access and off-street parking including parking for guests is provided in a manner and amount so that the demands of the development for such facilities are adequately met without altering the character of the public streets in the area at any time because of the proposed off-site parking covenant and associated conditions of approval to ensure the offsite parking is used by employees.

7. The appearance of the developed site in terms of the arrangement, height, scale and architectural style of the structures, location of parking areas, landscaping, open space and other features is compatible with the character of the area, as identified by the Architectural Board of Review in their making of the Project Compatibility findings on February 22, 2022.

D. CEQA
The Project is exempt from further environmental review under Section 15332 [Infill Development Projects] of the California Environmental Quality Act (CEQA) Guidelines because the project involves construction of infill development on a lot of less than five acres substantially surrounded by urban uses and the project is consistent with the applicable general plan designation and all applicable general plan policies as well as with the applicable zoning designation and regulations; the project site has no value as habitat for endangered, rare or threatened species; the project would PLANNING COMMISSION RESOLUTION NO. 016-22
621 W. MICHELTORENA STREET
DECEMBER 15, 2022
PAGE 4
not result in any significant effects relating to traffic, noise, air quality, or water quality; and the site can be adequately served by all required utilities and public services.

II. Said approval is subject to the following conditions:

A. Order of Development. In order to accomplish the proposed development, the following steps shall occur in the order identified:

1. Return to City Council for an updated allocation of Community Benefit floor area to reflect the increased building size (approximately 797 additional square feet).

2. Obtain all required design review approvals.

3. Submit an application for and obtain a Building Permit (BLD) to demolish any structures / improvements and/or perform rough grading. Comply with condition E “Construction Implementation Requirements.”

4. Record any required documents (see Recorded Conditions Agreement section).

5. Permits.
a. Submit an application for and obtain a Building Permit (BLD) for construction of approved development and complete said development.
b. Submit an application for and obtain a Public Works Permit (PBW) for all required public improvements and complete said improvements.

Details on implementation of these steps are provided throughout the conditions of approval.

B. Recorded Conditions Agreement. The Owner shall execute a written instrument, which shall be prepared by Planning staff, reviewed as to form and content by the City Attorney and Community Development Director, recorded in the Office of the County Recorder, and shall include the following:

1. Approved Development. The development of the Real Property approved by the Planning Commission on December 15, 2022, is limited to an 11,149-square-foot, three-story neighborhood medical, behavioral health, and dental clinic (of which 4,149 square feet was allocated by City Council as Community Priority from the Community Benefit category of the Growth Management Program) with an 11-space on-grade parking garage as described in the Applicant Letter dated November 21, 2022, and as shown on the plans signed by the chairperson of the Planning Commission on said date and on file at the City of Santa Barbara.

2. Uninterrupted Water Flow. The Owner shall allow for the continuation of any historic flow of water onto the Real Property including, but not limited to, swales, natural watercourses, conduits and any access road, as appropriate.

3. Recreational Vehicle Storage Prohibition. No recreational vehicles, boats, or trailers shall be stored on the Real Property.

4. Landscape Plan Compliance. The Owner shall comply with the Landscape Plan approved by the Architectural Board of Review (ABR). Such plan shall not be modified unless prior written approval is obtained from the ABR. The landscaping on the Real Property shall be provided and maintained in accordance with said landscape plan, including any tree PLANNING COMMISSION RESOLUTION NO. 016-22
621 W. MICHELTORENA STREET
DECEMBER 15, 2022
PAGE 5
protection measures. If said landscaping is removed for any reason without approval by the ABR, the owner is responsible for its immediate replacement.

5. Storm Water Pollution Control and Drainage Systems Maintenance. Owner shall maintain the drainage system and storm water pollution control devices in a functioning state and in accordance with the Storm Water BMP Guidance Manual and Operations and Maintenance Procedure Plan approved by the Creeks Division. Should any of the project’s surface or subsurface drainage structures or storm water pollution control methods fail to capture, infiltrate, and/or treat water, or result in increased erosion, the Owner shall be responsible for any necessary repairs to the system and restoration of the eroded area.

Should repairs or restoration become necessary, prior to the commencement of such repair or restoration work, the Owner shall submit a repair and restoration plan to the Community Development Director to determine if an amendment or a new Building Permit is required to authorize such work. The Owner is responsible for the adequacy of any project-related drainage facilities and for the continued maintenance thereof in a manner that will preclude any hazard to life, health, or damage to the Real Property or any adjoining property.

6. Community Benefit Floor Area Use Limitations. The approved development contains 4,149 square feet of floor area allocated as Community Priority floor area from the Community Benefit category of the City’s Nonresidential Growth Management Program.

Prior to any change of use on the project site, the Owner shall submit a letter to the Community Development Director outlining the proposed use. If the use does not qualify as a Community Benefit project, then the Owner will be required to obtain nonresidential floor area in by another means and give up the prior allocation.

7. Medical Clinic Use Limitations. Due to potential parking impacts, uses other than a medical clinic serving lower-income patients are not permitted without further Planning Commission/Community Development Director review and approval. Prior to initiating a change of use from a low-income-serving medical clinic, the Owner shall submit a letter to the Community Development Director detailing the proposal, and the Director shall determine the appropriate review procedure and notify the Owner.

8. Off-Site Parking Agreement. The Owner shall provide off-site parking to meet the required 22 off-site parking stalls required to satisfy parking demand for employees, at a location approved by the Community Development Director. Such approval, and any terms required for said approval, shall be in the form of a parking covenant between the City and applicant, subject to review and approval by the City Attorney, which at City’s discretion may be recorded against the Real Property. Off-site parking may alternatively be provided in compliance with Santa Barbara Municipal Code subsection 30.175.060.A.

9. Areas Available for Parking. All parking areas and access thereto shall be kept open and available in the manner in which it was designed and permitted.

10. Gates. Any gates that have the potential to block access to any designated commercial space shall be locked in the open position during business hours.

PLANNING COMMISSION RESOLUTION NO. 016-22
621 W. MICHELTORENA STREET
DECEMBER 15, 2022
PAGE 6
C. Design Review. The project, including public improvements, is subject to the review and approval of the Architectural Board of Review (ABR). The ABR shall not grant project design approval until the following Planning Commission land use conditions have been satisfied.

1. Minimum Stall Dimensions. Update the on-site parking plan to include the stall dimensions, maneuvering depth and bay width. The minimum standard stall dimensions for all uses is 8’6” x 17’6”, except an additional 1’ stall width is required where adjacent to a vertical element exceeding 6” in height (e.g., structural support posts, walls, etc.)

2. Off-site Parking Plan. Submit a site/parking lot plan of the off-site parking location to include the 22 designated parking stalls. Dimension the parking stall widths, parking stall angles (if applicable), and bay widths. The parking shall comply with the City’s Access and Parking Design Standards.

3. Commercial/Shuttle Loading Zone. Dimension the loading area on Almond Avenue to be a minimum of 30 feet as directed by the City’s Principal Traffic Engineer.

4. Bicycle Parking. The plans include 10 on-site long-term bicycle parking stalls, and 2 shortterm stalls. Update plans to demonstrate compliance with Bicycle Parking Standards, consistent with the City’s Access and Parking Design Standards.

5. Tree Wells. Provide a minimum four-foot-wide tree well consistent with the Pedestrian Master Plan and reduce potential for future sidewalk uplift.

6. Screened Backflow Device. The backflow devices for fire sprinklers, pools, spas and/or irrigation systems shall be provided in a location screened from public view or included in the exterior wall of the building, as approved by the ABR.

7. Location of Dry Utilities. Dry utilities (e.g. above-ground cabinets) shall be placed on private property unless deemed infeasible for engineering reasons. If dry utilities must be placed in the public right-of-way, they shall painted “Malaga Green,” and if feasible, they shall be screened as approved by ABR.

8. Trash Enclosure Provision. A trash enclosure with adequate area for recycling containers (an area that allows for a minimum of 50 percent of the total capacity for recycling containers) shall be provided on the Real Property and screened from view from surrounding properties and the street.

Dumpsters and containers with a capacity of 1.5 cubic yards or more shall not be placed within five (5) feet of combustible walls, openings, or roofs, unless protected with fire sprinklers.

D. Requirements Prior to Permit Issuance. The Owner shall submit the following, or evidence of completion of the following, for review and approval by the Department listed below prior to the issuance of any permit for the project. Some of these conditions may be waived for demolition or rough grading permits, at the discretion of the department listed. Please note that these conditions are in addition to the standard submittal requirements for each department.

1. Public Works Department.
a. Approved Public Improvement Plans. Public Improvement Plans as identified in condition D.1.d “W. Micheltorena Street Public Improvements” and D.1.e PLANNING COMMISSION RESOLUTION NO. 016-22
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PAGE 7
“Almond Avenue Public Improvements” shall be submitted to the Public Works Department for review and approval. Upon acceptance of completed public improvement plans, a Building permit may be issued if the Owner has bonded for public improvements and executed the Agreement to Construct and Install Improvements (Not a Subdivision).
b. Dedication(s). Easements, as shown on the approved site plan and described as follows, subject to approval of the easement scope and location by the Public Works Department and/or the Building and Safety Division:

All street purposes along W. Micheltorena Street in order to establish a sixty-footwide public right-of-way. c. Water Rights Assignment Agreement. The Owner shall assign to the City of Santa Barbara the exclusive right to extract ground water from under the Real Property in an Agreement Assigning Water Extraction Rights. Engineering Division Staff prepares said agreement for the Owner’s signature. d. W. Micheltorena Street Public Improvements. The Owner shall submit C-1 public improvement plans for construction of improvements along the property frontage on W. Micheltorena Street. Plans shall be submitted separately from plans submitted for a Building Permit, and shall be prepared by a licensed civil engineer registered in the State of California. As determined by the Public Works Department, the improvements shall include new and/or remove and replace to City standards, the following: one hundred (100) linear feet of sidewalk to include conform with City’s Westside Community Paseos Project at the Almond Avenue Pedestrian Access Ramp, driveway apron modified to meet Title 24 requirements with a maximum width of thirty (30) feet, preserve and/or reset survey monuments, protect and relocate existing contractor stamps to parkway, supply and install directional/regulatory traffic control signs per the CA MUTCD during construction, three (3) new street trees per approval of the Parks and Recreation Commission and provide adequate positive drainage from site. Any work in the public right-of-way requires a Public Works Permit.
e. Almond Avenue Public Improvements. The Owner shall submit C-1 public improvement plans (inclusive with W. Micheltorena Street) for construction of improvements along the property frontage on Almond Avenue. Plans shall be submitted separately from plans submitted for a Building Permit, and shall be prepared by a licensed civil engineer registered in the State of California. As determined by the Public Works Department, the improvements shall include new and/or remove and replace to City standards, the following: ninety (90) linear feet of sidewalk, driveway apron modified to meet Title 24 requirements with a maximum width of sixteen (16) feet, seventy-five (75) linear feet of curb and gutter, curb-side drop-off with access ramp, preserve and/or reset survey monuments, protect and relocate existing contractor stamps to parkway, supply and install directional/regulatory traffic control signs per the CA MUTCD during construction, one (1) new street tree per approval of the Parks and Recreation Commission and provide adequate positive drainage from site. Any work in the public right-of-way requires a Public Works Permit.

PLANNING COMMISSION RESOLUTION NO. 016-22
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PAGE 8
f. Haul Routes Require Separate Permit. Apply for a Public Works permit to establish the haul route(s) for all construction-related trucks with a gross vehicle weight rating of three tons or more entering or exiting the site. g. Construction-Related Truck Trips. Construction-related truck trips for trucks with a gross vehicle weight rating of three tons or more shall not be scheduled during peak hours (7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m.) in order to help reduce truck traffic on adjacent streets and roadways. h. Bicycle Parking. In addition to the general requirement to provide 6 bicycle parking spaces, 6 additional covered bicycle parking spaces shall be provided.

Their size and location shall be approved by the Public Works Director. i. Agreement to Construct and Install Improvements. The Owner shall submit an executed Agreement to Construct and Install Improvements, prepared by the Engineering Division, an Engineer’s Estimate, signed and stamped by a registered civil engineer, and securities for construction of improvements prior to execution of the Agreement.

2. Community Development Department.
a. Recordation of Agreements. The Owner shall provide evidence of recordation of the written instrument that includes all of the Recorded Conditions identified in condition B “Recorded Conditions Agreement” to the Community Development Department prior to issuance of any building permits.
b. Drainage and Water Quality. The project is required to comply with Tier 2 of the Storm Water BMP Guidance Manual, pursuant to Santa Barbara Municipal Code Chapter 22.87. The project shall comply with the Storm Water Management Program Report prepared by Ashley & Vance Engineering, Inc. dated March 10, 2022. Project plans for grading, drainage, stormwater facilities and treatment methods, and project development, shall be subject to review and approval by the City Building Division and Public Works Department. Sufficient engineered design and adequate measures shall be employed to ensure that no unpermitted construction-related or long-term effects from increased runoff, erosion and sedimentation, urban water pollutants (including, but not limited to trash, hydrocarbons, fertilizers, bacteria, etc.), or groundwater pollutants would result from the project.
c. Letter of Commitment for Neighborhood Notification Prior to Construction.

The Owner shall submit to the Planning Division a letter of commitment to provide the written notice specified in condition E.1 “Neighborhood Notification Prior to Construction” below. The language of the notice and the mailing list shall be reviewed and approved by the Planning Division prior to being distributed. An affidavit signed by the person(s) who compiled the mailing list shall be submitted to the Planning Division.
d. Evidence of Off-Site Parking Agreement Recordation. Evidence shall be provided to the Community Development Director that the Off-Site Parking PLANNING COMMISSION RESOLUTION NO. 016-22
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Agreement required in Section B “Recorded Conditions Agreement” has been recorded.
e. Design Review Requirements. Plans shall show all design, landscape and tree protection elements, as approved by the appropriate design review board and as outlined in Section C “Design Review,” and all elements/specifications shall be implemented on-site.
f. Conditions on Plans/Signatures. The final Resolution shall be provided on a full size drawing sheet as part of the drawing sets. The following statement shall be signed prior to issuance of and permits: The undersigned have read and understand the required conditions, and agree to abide by any and all conditions which are their usual and customary responsibility to perform, and which are within their authority to perform.

Signed:
_____________________________________________________________ Property Owner Date
_____________________________________________________________ Contractor Date License No.
_____________________________________________________________ Architect Date License No.
_____________________________________________________________ Engineer Date License No.

E. Construction Implementation Requirements. All of these construction requirements shall be carried out in the field by the Owner and/or Contractor for the duration of the project construction, including demolition and grading.

1. Neighborhood Notification Prior to Construction. At least twenty (20) days prior to commencement of construction, the contractor shall provide written notice to all property owners, businesses, and residents within 300 feet of the project area. The notice shall contain a description of the project, the construction schedule, including days and hours of construction, the name and phone number of the Contractor(s), site rules and Conditions of Approval pertaining to construction activities, and any additional information that will assist Building Inspectors, Police Officers and the public in addressing problems that may arise during construction.

2. Construction Contact Sign. Immediately after Building permit issuance, signage shall be posted at the points of entry to the site that list the contractor(s) name, contractor(s) telephone number(s), construction work hours, site rules, and construction-related conditions, to assist Building Inspectors and Police Officers in the enforcement of the conditions of approval. The font size shall be a minimum of 0.5 inches in height. Said sign shall not exceed six feet in height from the ground if it is free-standing or placed on a fence. It shall not exceed 24 square feet if in a multi-family or commercial zone or six square feet if in a single family zone.

PLANNING COMMISSION RESOLUTION NO. 016-22
621 W. MICHELTORENA STREET
DECEMBER 15, 2022
PAGE 10

3. Construction Hours. Construction (including preparation for construction work) shall only be permitted Monday through Friday between the hours of 7:00 a.m. and 5:00 p.m. and Saturdays between the hours of 9:00 a.m. and 4:00 p.m., excluding the following holidays:

New Year’s Day January 1st*
Martin Luther King, Jr. Day 3rd Monday in January
Presidents’ Day 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4th*
Labor Day 1st Monday in September
Thanksgiving Day 4th Thursday in November
Following Thanksgiving Day Friday following Thanksgiving Day Christmas Day December 25th*
*When a holiday falls on a Saturday or Sunday, the preceding Friday or following Monday, respectively, shall be observed as a legal holiday.

When, based on required construction type or other appropriate reasons, it is necessary to do work outside the allowed construction hours, contractor shall contact the City to request a waiver from the above construction hours, using the procedure outlined in Santa Barbara Municipal Code §9.16.015 Construction Work at Night. Contractor shall notify all residents within 300 feet of the parcel of intent to carry out said construction a minimum of 48 hours prior to said construction. Said notification shall include what the work includes, the reason for the work, the duration of the proposed work and a contact number.

4. Construction Storage/Staging. Construction vehicle/ equipment/ materials storage and staging shall be done on-site. No parking or storage shall be permitted within the public right-of-way, unless specifically permitted by the Public Works Director with a Public Works permit.

5. Construction Parking. During construction, free parking spaces for construction workers shall be provided on-site or off-site in a location subject to the approval of the Public Works Director.

6. Nesting Birds. Birds and their eggs nesting on or near the project site are protected under the Migratory Bird Treaty Act and pursuing, hunting, taking, capturing, killing, or attempt to do any of the above is a violation of federal and state regulations. No trimming or removing brush or trees shall occur if nesting birds are found in the vegetation. All care should be taken not to disturb the nest(s). Removal or trimming may only occur after the young have fledged from the nets(s).

7. Quality and Dust Control. The following measures shall be shown on grading and building plans and shall be adhered to throughout grading, hauling, and construction activities:
a. During construction, use water trucks or sprinkler systems to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this should include wetting down such areas in the late morning and after work is completed for the day. Increased watering frequency should be required PLANNING COMMISSION RESOLUTION NO. 016-22
621 W. MICHELTORENA STREET
DECEMBER 15, 2022
PAGE 11
whenever the wind speed exceeds 15 mph. Reclaimed water should be used whenever possible. However, reclaimed water should not be used in or around crops for human consumption.
b. Minimize amount of disturbed area and reduce on site vehicle speeds to 15 miles per hour or less.
c. If importation, exportation and stockpiling of fill material is involved, soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. Trucks transporting fill material to and from the site shall be tarped from the point of origin.
d. Gravel pads shall be installed at all access points to prevent tracking of mud onto public roads.
e. After clearing, grading, earth moving or excavation is completed, treat the disturbed area by watering, or revegetating, or by spreading soil binders until the area is paved or otherwise developed so that dust generation will not occur. f. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust offsite. Their duties shall include holiday and weekend periods when work may not be in progress. The name and telephone number of such persons shall be provided to the Air Pollution Control District prior to land use clearance for map recordation and land use clearance for finish grading of the structure. g. All portable diesel-powered construction equipment shall be registered with the state’s portable equipment registration program OR shall obtain an APCD permit. h. Fleet owners of mobile construction equipment are subject to the California Air Resource Board (CARB) Regulation for In-use Off-road Diesel Vehicles (Title 13 California Code of Regulations, Chapter 9, § 2449), the purpose of which is to reduce diesel particulate matter (PM) and criteria pollutant emissions from in-use (existing) off-road diesel-fueled vehicles. For more information, please refer to the CARB website at www.arb.ca.gov/msprog/ordiesel/ordiesel.htm. i. All commercial diesel vehicles are subject to Title 13, § 2485 of the California Code of Regulations, limiting engine idling time. Idling of heavy-duty diesel construction equipment and trucks during loading and unloading shall be limited to five minutes; electric auxiliary power units should be used whenever possible. j. Diesel construction equipment meeting the California Air Resources Board (CARB) Tier 1 emission standards for off-road heavy-duty diesel engines shall be used. Equipment meeting CARB Tier 2 or higher emission standards should be used to the maximum extent feasible.
k. Diesel powered equipment should be replaced by electric equipment whenever feasible.
l. If feasible, diesel construction equipment shall be equipped with selective catalytic reduction systems, diesel oxidation catalysts and diesel particulate filters as certified and/or verified by EPA or California.

PLANNING COMMISSION RESOLUTION NO. 016-22
621 W. MICHELTORENA STREET
DECEMBER 15, 2022
PAGE 12
m. Catalytic converters shall be installed on gasoline-powered equipment, if feasible. n. All construction equipment shall be maintained in tune per the manufacturer’s specifications.
o. The engine size of construction equipment shall be the minimum practical size. p. The number of construction equipment operating simultaneously shall be minimized through efficient management practices to ensure that the smallest practical number is operating at any one time. Construction worker trips should be minimized by requiring carpooling and by providing for lunch onsite.

8. Unanticipated Archaeological Resources Contractor Notification. Standard discovery measures shall be implemented per the City master Environmental Assessment throughout grading and construction: Prior to the start of any vegetation or paving removal, demolition, trenching or grading, contractors and construction personnel shall be alerted to the possibility of uncovering unanticipated subsurface archaeological features or artifacts.

If such archaeological resources are encountered or suspected, work shall be halted immediately, the City Environmental Analyst shall be notified and the Owner shall retain an archaeologist from the most current City Qualified Archaeologists List. The latter shall be employed to assess the nature, extent and significance of any discoveries and to develop appropriate management recommendations for archaeological resource treatment, which may include, but are not limited to, redirection of grading and/or excavation activities, consultation and/or monitoring with a Barbareño Chumash representative from the most current City qualified Barbareño Chumash Site Monitors List, etc.

If the discovery consists of possible human remains, the Santa Barbara County Coroner shall be contacted immediately. If the Coroner determines that the remains are Native American, the Coroner shall contact the California Native American Heritage Commission.

A Barbareño Chumash representative from the most current City Qualified Barbareño Chumash Site Monitors List shall be retained to monitor all further subsurface disturbance in the area of the find. Work in the area may only proceed after the Environmental Analyst grants authorization.

If the discovery consists of possible prehistoric or Native American artifacts or materials, a Barbareño Chumash representative from the most current City Qualified Barbareño Chumash Site Monitors List shall be retained to monitor all further subsurface disturbance in the area of the find. Work in the area may only proceed after the Environmental Analyst grants authorization.

A final report on the results of the archaeological monitoring shall be submitted by the City-approved archaeologist to the Environmental Analyst within 180 days of completion of the monitoring and prior to any certificate of occupancy for the project.

F. Prior to Certificate of Occupancy. Prior to issuance of the Certificate of Occupancy, the Owner of the Real Property shall complete the following:

1. Repair Damaged Public Improvements. Repair any public improvements (curbs, gutters, sidewalks, roadways, etc.) or property damaged by construction subject to the review and approval of the Public Works Department per SBMC §22.60. Where tree roots PLANNING COMMISSION RESOLUTION NO. 016-22
621 W. MICHELTORENA STREET
DECEMBER 15, 2022
PAGE 13
are the cause of the damage, the roots shall be pruned under the direction of a qualified arborist.

2. Complete Public Improvements. Public improvements, as shown in the public improvement plans or building plans, shall be completed.

3. New Construction Photographs. Photographs of the new construction, taken from the same locations as those taken of the story poles prior to project approval, shall be taken, attached to 8 ½ x 11” board and submitted to the Planning Division.

4. Recordation of Parking Covenant. The Owner shall record a Parking Covenant identifying off-site parking to meet the required 22 off-site parking stalls required to satisfy parking demand for employees, at a location approved by the Community Development Director. Such approval, and any terms required for said approval, shall be subject to review and approval by the City Attorney and Public Works Director, and which at City’s discretion may be recorded against the Real Property. Off-site parking may alternatively be provided in compliance with Santa Barbara Municipal Code subsection 30.175.060.A.

G. General Conditions.

1. Compliance with Requirements. All requirements of the city of Santa Barbara and any other applicable requirements of any law or agency of the State and/or any government entity or District shall be met. This includes, but is not limited to, the Endangered Species Act of 1973 [ESA] and any amendments thereto (16 U.S.C. § 1531 et seq.), the 1979 Air Quality Attainment Plan, and the California Code of Regulations.

2. Approval Limitations.
a. The conditions of this approval supersede all conflicting notations, specifications, dimensions, and the like which may be shown on submitted plans. b. All buildings, roadways, parking areas and other features shall be located substantially as shown on the plans approved by the Planning Commission. c. Any deviations from the project description, approved plans or conditions must be reviewed and approved by the City, in accordance with the Planning Commission Guidelines. Deviations may require changes to the permit and/or further environmental review. Deviations without the above-described approval will constitute a violation of permit approval.

3. Litigation Indemnification Agreement. In the event the Planning Commission approval of the Project is appealed to the City Council, Applicant/Owner hereby agrees to defend the City, its officers, employees, agents, consultants and independent contractors (“City’s Agents”) from any third party legal challenge to the City Council’s denial of the appeal and approval of the Project, including, but not limited to, challenges filed pursuant to the California Environmental Quality Act (collectively “Claims”). Applicant/Owner further agrees to indemnify and hold harmless the City and the City’s Agents from any award of attorney fees or court costs made in connection with any Claim.

Applicant/Owner shall execute a written agreement, in a form approved by the City Attorney, evidencing the foregoing commitments of defense and indemnification within thirty (30) days of being notified of a lawsuit regarding the Project. These commitments PLANNING COMMISSION RESOLUTION NO. 016-22
621 W. MICHELTORENA STREET
DECEMBER 15, 2022
PAGE 14
of defense and indemnification are material conditions of the approval of the Project. If Applicant/Owner fails to execute the required defense and indemnification agreement within the time allotted, the Project approval shall become null and void absent subsequent acceptance of the agreement by the City, which acceptance shall be within the City’s sole and absolute discretion. Nothing contained in this condition shall prevent the City or the City’s Agents from independently defending any Claim. If the City or the City’s Agents decide to independently defend a Claim, the City and the City’s Agents shall bear their own attorney fees, expenses, and costs of that independent defense.

III. Said approval is subject to the following time Limits:

A. NOTICE OF CONDITIONAL USE PERMIT, MODIFICATION APPROVAL TIME LIMITS:

The Planning Commission action approving the Conditional Use Permit and Modification shall terminate three (3) years from the effective date of the approval, per Santa Barbara Municipal Code §30.205.120, unless:

1. An extension is granted by the Community Development Director prior to the expiration of the approval; or

2. A Building permit for the use authorized by the approval is issued and the construction authorized by the permit is being diligently pursued to completion and issuance of a Certificate of Occupancy.

B. NOTICE OF DEVELOPMENT PLAN TIME LIMITS:

The Planning Commission action approving the Development Plan shall expire four (4) years from the date of approval per Santa Barbara Municipal Code §30.205.120, unless:

1. A building or grading permit for the work authorized by the development plan is issued prior to the expiration date of the approval.

2. The Community Development Director grants an extension prior to the expiration of the approval.

C. NOTICE OF TIME LIMITS FOR PROJECTS WITH MULTIPLE APPROVALS (SBMC § 30.205.120):

If a project requires multiple discretionary permits or approvals, the expiration date shall be measured from date of final action of the City on the longest discretionary approval permit or approval related to the application (excluding design review approval), unless otherwise specified by State or federal law.

This motion was passed and adopted on the 15th day of December, 2022 by the Planning Commission of the City of Santa Barbara, by the following vote:

AYES: 5 NOES: 1 (Bonderson) ABSTAIN: 0 ABSENT: 0
PLANNING COMMISSION RESOLUTION NO. 016-22
621 W. MICHELTORENA STREET
DECEMBER 15, 2022
PAGE 15
I hereby certify that this Resolution correctly reflects the action taken by the City of Santa Barbara Planning Commission at its meeting of the above date.
_______________________________________________ ____________________________ Gillian Fennessy, Commission Secretary Date
PLEASE BE ADVISED:

THIS ACTION OF THE PLANNING COMMISSION CAN BE APPEALED TO THE CITY COUNCIL WITHIN TEN (10) CALENDAR DAYS AFTER THE DATE THE ACTION WAS TAKEN BY THE PLANNING COMMISSION.
1/23/2023
7 March 2023
Honorable Mayor Rowse and Members of the City Council
c/o Planning Division
City of Santa Barbara
630 Garden Street
Santa Barbara, CA 93101
Subject: Santa Barbara Neighborhood Clinics – Westside Clinic 621 W. Micheltorena Street (APN 039-041-020); PLN2020-00030 Response to Appeal of Planning Commission Approval
Dear Honorable Mayor Rowse and Members of the City Council, On behalf of Santa Barbara Neighborhood Clinics (SBNC), we have prepared this letter in response to the appeal filed by Auto Fuels, Inc., of the Planning Commission approval of the subject project.

I. Santa Barbara Neighborhood Clinics – Background and Mission Santa Barbara Neighborhood Clinics (SBNC) was formed in 1998 merging three (3) existing medical clinics that had been providing care to low-income patients beginning in the early 1970’s. In 2004, SBNC added dental care to its services following a long-term partnership with the Santa Barbara Children/Family Dental Health Collaborative. The clinics were created on the philosophy that obtaining quality medical care is a fundamental right for all people. Further, each clinic has been an intrinsic part of its community and neighborhood. This close relationship with the surrounding community and awareness of the neighborhood’s special needs, has resulted in a strong bond of trust that has been formed between patients and each of the SBNC clinics.

The mission of the SBNC is to provide high quality, comprehensive, affordable healthcare to all people, regardless of their ability to pay, in an environment that fosters respect, compassion and dignity.

Currently, SBNC consists of four (4) medical clinics, two (2) dental clinics, a Bridge Clinic with a focus on Substance Use Disorders and Pain Management, an integrated care clinic and health promotion services. SBNC serves as a critical health safety net for Santa Barbara County and provides care to over 22,000 unduplicated patients each year including school-based care.

Applicant Document
SBNC Westside Clinic
Response to Appeal of Planning Commission Approval
7 March 2023

Existing Westside Clinic
The existing Westside Clinic (clinic) located at 628 W. Micheltorena Street has been in operation since 1973. The clinic has provided medical services to over 20,000 unique patients during this time. In 2016, as part of their Facilities Master Plan process, SBNC engaged Jensen + Partners to provide a physical and a functional/operational assessment for each of the SBNC clinics. The analysis concluded that the Westside Clinic is currently operating close to capacity. Further, the existing structure is not ADA compliant to current building code, there are small doorways, limited circulation, and no elevator.

The need for the level of health care that the clinic provides has not diminished in our community and the clinic has outgrown their existing facilities. An extensive search was conducted to identify a location for a new clinic, one within the neighborhood for which it serves. As a result, the SBNC negotiated with the owner of the building located at 621 W. Micheltorena Street and purchased the property in order to develop a new neighborhood clinic.

II. New Westside Clinic: Access, Parking Program and Loading Zone The project proposes to retain the existing driveway access and egress that currently exists: an entry driveway off of W. Micheltorena Street on the west side of the building with an egress driveway at the rear of the building onto Almond Avenue. Over the course of the development review process, City Public Works staff and the Westside Clinic project team have continued to coordinate the Westside Paseos and the subject project improvement plans to ensure consistency.

A new parking garage is proposed to accommodate 11 parking spaces, including one (1) EV van accessible ADA stall. The onsite parking will meet patient parking demands and an off-site parking lot with shuttle service will be in place to meet employee parking demands for operations Monday - Friday. On Saturdays, the onsite lot is sufficient to meet both patient and employee parking demands and as such, use of the offsite lot and shuttle is not needed.

Additionally, a new yellow passenger loading and commercial vehicle zone is proposed on the west side of Almond Avenue, restricted from 8:00 AM to 6:00 PM Monday through Friday. The loading zone will accommodate the employee shuttle and patient dropoff/pick-up, and deliveries.

III. Response to Grounds for the Appeal
The grounds for the appeal, described in the appellant’s letter, are summarized below:

1. A legal argument of the Planning Commission’s authority to grant approval of the parking modification applying the finding of unusual or unique circumstance, reliance on the off-site parking lot, and a drop-off zone; and, SBNC Westside Clinic
Response to Appeal of Planning Commission Approval
7 March 2023

2. The Planning Commission improper reliance on the project’s Community Benefit/Priority designation to make the parking modification finding of unusual or unique circumstance.

The authority of Planning Commission’s action is a matter of consideration by the City Attorney’s office.

In 2017, the City implemented an amended Zoning Ordinance (Title 30). One of the ordinance amendments involved the findings associated with parking modifications. The amendment provided an option to apply an unusual or unique circumstance finding for parking modifications. Previous to this amendment, the finding to support a parking modification relied on the ability to meet parking demand.

The unusual or unique circumstance finding is intended to allow for discretionary implementation by the Planning Commission. In this case, the Planning Commission applied the unusual or unique circumstance purposefully to the project proponent, Santa Barbara Neighborhood Clinics, whose primary purpose is to provide high quality and affordable healthcare to those who are in critical need of their services. The Commission’s decision did not solely rely on SBNC meeting the definition of a Community Benefit/Priority project.

The finding is stated in the adopted Planning Commission Resolution No. 016-22 as follows:

The project is unique in that the use is a non-profit, community benefit use and provides a broad public benefit necessary to meet a present and projected need directly related to public health, safety, or general welfare, as discussed further in the staff report dated December 9, 2022.

The new clinic will provide much needed medical care for the lower-income population within the region and within the surrounding neighborhood with the mission to provide high quality, comprehensive, affordable healthcare and dental care to all people, regardless of their ability to pay, in an environment that fosters respect, compassion and dignity.

The appellant’s complaint includes a description of the existing Westside Clinic operations, a parking deficiency and observations of patient drop-offs on the gas station property. In response, SBNC has made a commitment to continue their efforts to inform staff and patients to prevent this practice, including the installation of signage to this effect. Further, when the new Westside Clinic is completed, patient parking demands will be met on-site, including a dedicated drop-off zone for the employee shuttle, patient drop-off/pick-up, and deliveries. In fact, the completed project will serve to alleviate the operational constraints that have been raised by the appellant.

SBNC Westside Clinic
Response to Appeal of Planning Commission Approval
7 March 2023

XI. Project Justifications
The new Westside Clinic is consistent with the City’s definition of a Community Priority Project within the Community Benefit Project category as a project that will provide a broad public benefit and is necessary to meet a present or projected need directly related to public health, safety, or general welfare per SBMC §30.170.020. The new clinic will be designed following the PCMH model of service which provides for an integrated and coordinated plan of care.

The Planning Commission approved the project and the requested Parking Modification making the necessary findings that are iterated in Planning Commission Resolution No. 016-22 (attached).

Further, the findings to approve the Conditional Use Permit and Development Plan can be met for the following reasons:
• The project can be found consistent with applicable provisions of the zoning ordinance and General Plan policies;
• The project is representative of a project consistent with the principles of sound community planning;
• The City’s Architectural Board of Review stated the Project Compatibility Analysis, found the building height and open landscape areas to be acceptable; • The project is consistent with the City’s Traffic Management Strategy; • The proposed use and development can be deemed essential and desirable to the public convenience or welfare as the proposed clinic will fulfill critically needed and accessible health care to the community and the neighborhood for which it serves.
• The proposed use and development will be carried out in a manner that will be beneficial to the public health, safety, or general welfare of the community and compatible to the surrounding properties; the project site is located in a transitional zone of commercial uses in the immediate vicinity with residential uses on the perimeter of this commercial corridor.
• The project has been designed to meet the required setbacks, and in consideration of a 2’-6” wide land dedication to widen the City’s right-of-way along Micheltorena Street frontage.
• The proposed hours of operation, lighting and noise generating equipment will be in compliance with established thresholds and will not result in a nuisance in consideration of the properties in the area, particularly residential properties. • With the approval of the parking modification, on-site parking will meet the parking demands for patients, with an off-site parking location to meet employee demands.

SBNC Westside Clinic
Response to Appeal of Planning Commission Approval
7 March 2023

On behalf of the applicant and project team, we thank you for your consideration of SBNC’s new Westside Clinic, approved by the Planning Commission.

Sincerely,

SUZANNE ELLEDGE
PLANNING & PERMITTING SERVICES, INC.

Trish Allen, AICP
Senior Planner
Attachment: PC Resolution No. 016-22

CITY OF SANTA BARBARA PLANNING COMMISSION
RESOLUTION NO. 016-22
621 W. MICHELTORENA STREET

PARKING MODIFICATION, DEVELOPMENT PLAN, AND CONDITIONAL USE PERMIT DECEMBER 15, 2022
Assessor’s Parcel Number: 039-041-020
Zoning Designation: C-R (Commercial Restricted)
Application Number: PLN2020-00030
Applicant: Trish Allen, SEPPS
Owner: Santa Barbara Neighborhood Clinics
The 10,454-square-foot site is developed with a two-story, 4,000-square-foot commercial building and 16 ongrade parking spaces, all of which is proposed to be demolished. The proposed development consists of a threestory, approximate 11,149-square-foot medical, behavioral health and dental clinic and an on-grade parking garage with 11 spaces. An off-site parking covenant is proposed to provide 22 employee parking spaces off-site at 21 E. Constance, with a shuttle service to bring employees to and from the project site.

The discretionary decisions required at this hearing under the purview of the Planning Commission are:

1. A Modification to allow for less than the required number of parking spaces (Santa Barbara Municipal Code (SBMC) §30.175.040 and §30.250.020);

2. A Development Plan to allow the construction of 6,352 square feet of net new nonresidential floor area (SBMC Chapters 30.170 and 30.230);

3. A Conditional Use Permit to allow a State-Licensed clinic to operate in the C-R (Commercial Restricted) Zone (SBMC §30.25.020 and Chapter 30.215); and
Determine that the project is categorically exempt from further environmental review pursuant to California Environmental Quality Act Guidelines Section 15332 (Infill Development Projects).

WHEREAS, the Planning Commission has held the required public hearing on the above application, and the Applicant was present.

WHEREAS, seven people appeared to speak and the following exhibits were presented for the record:

1. Staff Report with Attachments, December 8, 2022

2. Project Plans

3. Correspondence received:

NOW, THEREFORE BE IT RESOLVED that the City Planning Commission:

I. Approved the subject application, making the following findings and determinations:

A. PARKING MODIFICATION
Attachment
PLANNING COMMISSION RESOLUTION NO. 016-22
621 W. MICHELTORENA STREET
DECEMBER 15, 2022
PAGE 2
The Planning Commission is supportive of the requested Parking Modification because the project has unusual or unique circumstances as follows:

A Parking Demand Study was prepared demonstrating that the parking demand for the Clinic use is 33 parking spaces. The project is providing 11 spaces on-site and 22 spaces off-site at 21 E.

Constance Avenue. The applicant was not able to locate available parking within the allowable off-site parking distance of 1,250 square feet.

The project is unique in that the use is a non-profit, community benefit use and provides a broad public benefit necessary to meet a present and projected need directly related to public health, safety, or general welfare, as discussed further in the staff report dated December 9, 2022.

The new clinic will provide much needed medical care for the lower-income population within the region and within the surrounding neighborhood with the mission to provide high quality, comprehensive, affordable healthcare and dental care to all people, regardless of their ability to pay, in an environment that fosters respect, compassion and dignity.

The applicant has provided sufficient parking at an-off street location and will provide a shuttle service for employees to get to work that will be documented through a Parking Covenant agreed to between the City and the applicant, in form, content, and intent similar to the draft agreement attached as an Exhibit I to the December 8, 2022, Planning Commission Staff Report. The proposed off-site parking spaces are an approximate seven-minute drive from the project site (not including shuttle wait time) and there will be a yellow curb zone on the west side of Almond Avenue to allow for loading and unloading associated with the staff shuttle, staff and patient drop off and pick up and for deliveries helping to alleviate parking demands in the neighborhood and blocking the street with delivery trucks.

B. DEVELOPMENT PLAN (SBMC §30.230.060):

1. The proposed development complies with all applicable provisions of this title, as described in Section V of the Staff Report dated December 8, 2022.

2. The proposed development is consistent with the principles of sound community planning because the proposed location is ideal to serve the surrounding neighborhood and is central to the City of Santa Barbara and easily accessible by multiple modes of transportation including pedestrian foot traffic, nearby bus stops and bike.

3. The proposed development will not have a significant adverse impact upon the community’s aesthetics or character in that the size, bulk and scale of the development will be compatible with the neighborhood, as evidenced by the Architectural Board of Review making favorable Project Compatibility findings (SBMC §22.68.045), as described in Section VII of the Staff Report dated December 8, 2022.

4. The proposed development is consistent with the policies of the City of Santa Barbara Traffic Management Strategy as expressed in the allocation allowances specified in SBMC §30.170.030, Traffic Management Strategy, as described in Section V of the Staff Report dated December 8, 2022.

C. CONDITIONAL USE PERMIT

1. The proposed use is allowed with a Conditional Use Permit within the Commercial Restricted zone district and complies with all specific requirements for the Conditional Use PLANNING COMMISSION RESOLUTION NO. 016-22
621 W. MICHELTORENA STREET
DECEMBER 15, 2022
PAGE 3
Permit, as well as all other applicable provisions of Title 30 and all other titles of the municipal code as outlined in the staff report dated Dcember 8, 2022 and subject to the identified conditions of approval.

2. The proposed use and development is deemed essential or desirable to the public convenience or welfare because the community clinic will serve the general public and the surronding neighborhood and provides important neighborhood serving medical uses that are easily accessed by neighborhood residents. Additionally, the medical services provided are operated by Santa Barbara Neighborhood Clinic, which provides medical care for the lower-income population. The proposed use and development is consistent with the General Plan as identified Section V.C. of the staff report dated December 8, 2022, and there is no applicable specific plan.

3. The proposed use and development will not be adverse to the public health, safety, or general welfare of the community, nor materially detrimental to surrounding properties or improvements because the project is located in an area of the City with a General Plan Land Use Designation of Commercial and the building will replace an existing commercial building.

4. The total area of the site and the setbacks of all facilities from property and street lines are of sufficient magnitude in view of the character of the land and of the proposed development that significant detrimental impact on surrounding properties is avoided.

5. The design and operation of the project and its components, including hours or manner of operation, outdoor lighting and noise generating equipment, will not be a nuisance to the use of property in the area, particularly residential use because the new facility will operate Monday thru Friday with limited hours on Saturdays. Also, the applicant is providing a 2’- 6” wide dedication to the City for future sidewalk improvements.

6. Adequate access and off-street parking including parking for guests is provided in a manner and amount so that the demands of the development for such facilities are adequately met without altering the character of the public streets in the area at any time because of the proposed off-site parking covenant and associated conditions of approval to ensure the offsite parking is used by employees.

7. The appearance of the developed site in terms of the arrangement, height, scale and architectural style of the structures, location of parking areas, landscaping, open space and other features is compatible with the character of the area, as identified by the Architectural Board of Review in their making of the Project Compatibility findings on February 22, 2022.

D. CEQA
The Project is exempt from further environmental review under Section 15332 [Infill Development Projects] of the California Environmental Quality Act (CEQA) Guidelines because the project involves construction of infill development on a lot of less than five acres substantially surrounded by urban uses and the project is consistent with the applicable general plan designation and all applicable general plan policies as well as with the applicable zoning designation and regulations; the project site has no value as habitat for endangered, rare or threatened species; the project would PLANNING COMMISSION RESOLUTION NO. 016-22
621 W. MICHELTORENA STREET
DECEMBER 15, 2022
PAGE 4
not result in any significant effects relating to traffic, noise, air quality, or water quality; and the site can be adequately served by all required utilities and public services.

II. Said approval is subject to the following conditions:

A. Order of Development. In order to accomplish the proposed development, the following steps shall occur in the order identified:

1. Return to City Council for an updated allocation of Community Benefit floor area to reflect the increased building size (approximately 797 additional square feet).

2. Obtain all required design review approvals.

3. Submit an application for and obtain a Building Permit (BLD) to demolish any structures / improvements and/or perform rough grading. Comply with condition E “Construction Implementation Requirements.”

4. Record any required documents (see Recorded Conditions Agreement section).

5. Permits.
a. Submit an application for and obtain a Building Permit (BLD) for construction of approved development and complete said development.
b. Submit an application for and obtain a Public Works Permit (PBW) for all required public improvements and complete said improvements.

Details on implementation of these steps are provided throughout the conditions of approval.

B. Recorded Conditions Agreement. The Owner shall execute a written instrument, which shall be prepared by Planning staff, reviewed as to form and content by the City Attorney and Community Development Director, recorded in the Office of the County Recorder, and shall include the following:

1. Approved Development. The development of the Real Property approved by the Planning Commission on December 15, 2022, is limited to an 11,149-square-foot, three-story neighborhood medical, behavioral health, and dental clinic (of which 4,149 square feet was allocated by City Council as Community Priority from the Community Benefit category of the Growth Management Program) with an 11-space on-grade parking garage as described in the Applicant Letter dated November 21, 2022, and as shown on the plans signed by the chairperson of the Planning Commission on said date and on file at the City of Santa Barbara.

2. Uninterrupted Water Flow. The Owner shall allow for the continuation of any historic flow of water onto the Real Property including, but not limited to, swales, natural watercourses, conduits and any access road, as appropriate.

3. Recreational Vehicle Storage Prohibition. No recreational vehicles, boats, or trailers shall be stored on the Real Property.

4. Landscape Plan Compliance. The Owner shall comply with the Landscape Plan approved by the Architectural Board of Review (ABR). Such plan shall not be modified unless prior written approval is obtained from the ABR. The landscaping on the Real Property shall be provided and maintained in accordance with said landscape plan, including any tree PLANNING COMMISSION RESOLUTION NO. 016-22
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protection measures. If said landscaping is removed for any reason without approval by the ABR, the owner is responsible for its immediate replacement.

5. Storm Water Pollution Control and Drainage Systems Maintenance. Owner shall maintain the drainage system and storm water pollution control devices in a functioning state and in accordance with the Storm Water BMP Guidance Manual and Operations and Maintenance Procedure Plan approved by the Creeks Division. Should any of the project’s surface or subsurface drainage structures or storm water pollution control methods fail to capture, infiltrate, and/or treat water, or result in increased erosion, the Owner shall be responsible for any necessary repairs to the system and restoration of the eroded area.

Should repairs or restoration become necessary, prior to the commencement of such repair or restoration work, the Owner shall submit a repair and restoration plan to the Community Development Director to determine if an amendment or a new Building Permit is required to authorize such work. The Owner is responsible for the adequacy of any project-related drainage facilities and for the continued maintenance thereof in a manner that will preclude any hazard to life, health, or damage to the Real Property or any adjoining property.

6. Community Benefit Floor Area Use Limitations. The approved development contains 4,149 square feet of floor area allocated as Community Priority floor area from the Community Benefit category of the City’s Nonresidential Growth Management Program.

Prior to any change of use on the project site, the Owner shall submit a letter to the Community Development Director outlining the proposed use. If the use does not qualify as a Community Benefit project, then the Owner will be required to obtain nonresidential floor area in by another means and give up the prior allocation.

7. Medical Clinic Use Limitations. Due to potential parking impacts, uses other than a medical clinic serving lower-income patients are not permitted without further Planning Commission/Community Development Director review and approval. Prior to initiating a change of use from a low-income-serving medical clinic, the Owner shall submit a letter to the Community Development Director detailing the proposal, and the Director shall determine the appropriate review procedure and notify the Owner.

8. Off-Site Parking Agreement. The Owner shall provide off-site parking to meet the required 22 off-site parking stalls required to satisfy parking demand for employees, at a location approved by the Community Development Director. Such approval, and any terms required for said approval, shall be in the form of a parking covenant between the City and applicant, subject to review and approval by the City Attorney, which at City’s discretion may be recorded against the Real Property. Off-site parking may alternatively be provided in compliance with Santa Barbara Municipal Code subsection 30.175.060.A.

9. Areas Available for Parking. All parking areas and access thereto shall be kept open and available in the manner in which it was designed and permitted.

10. Gates. Any gates that have the potential to block access to any designated commercial space shall be locked in the open position during business hours.

PLANNING COMMISSION RESOLUTION NO. 016-22
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C. Design Review. The project, including public improvements, is subject to the review and approval of the Architectural Board of Review (ABR). The ABR shall not grant project design approval until the following Planning Commission land use conditions have been satisfied.

1. Minimum Stall Dimensions. Update the on-site parking plan to include the stall dimensions, maneuvering depth and bay width. The minimum standard stall dimensions for all uses is 8’6” x 17’6”, except an additional 1’ stall width is required where adjacent to a vertical element exceeding 6” in height (e.g., structural support posts, walls, etc.)

2. Off-site Parking Plan. Submit a site/parking lot plan of the off-site parking location to include the 22 designated parking stalls. Dimension the parking stall widths, parking stall angles (if applicable), and bay widths. The parking shall comply with the City’s Access and Parking Design Standards.

3. Commercial/Shuttle Loading Zone. Dimension the loading area on Almond Avenue to be a minimum of 30 feet as directed by the City’s Principal Traffic Engineer.

4. Bicycle Parking. The plans include 10 on-site long-term bicycle parking stalls, and 2 shortterm stalls. Update plans to demonstrate compliance with Bicycle Parking Standards, consistent with the City’s Access and Parking Design Standards.

5. Tree Wells. Provide a minimum four-foot-wide tree well consistent with the Pedestrian Master Plan and reduce potential for future sidewalk uplift.

6. Screened Backflow Device. The backflow devices for fire sprinklers, pools, spas and/or irrigation systems shall be provided in a location screened from public view or included in the exterior wall of the building, as approved by the ABR.

7. Location of Dry Utilities. Dry utilities (e.g. above-ground cabinets) shall be placed on private property unless deemed infeasible for engineering reasons. If dry utilities must be placed in the public right-of-way, they shall painted “Malaga Green,” and if feasible, they shall be screened as approved by ABR.

8. Trash Enclosure Provision. A trash enclosure with adequate area for recycling containers (an area that allows for a minimum of 50 percent of the total capacity for recycling containers) shall be provided on the Real Property and screened from view from surrounding properties and the street.

Dumpsters and containers with a capacity of 1.5 cubic yards or more shall not be placed within five (5) feet of combustible walls, openings, or roofs, unless protected with fire sprinklers.

D. Requirements Prior to Permit Issuance. The Owner shall submit the following, or evidence of completion of the following, for review and approval by the Department listed below prior to the issuance of any permit for the project. Some of these conditions may be waived for demolition or rough grading permits, at the discretion of the department listed. Please note that these conditions are in addition to the standard submittal requirements for each department.

1. Public Works Department.
a. Approved Public Improvement Plans. Public Improvement Plans as identified in condition D.1.d “W. Micheltorena Street Public Improvements” and D.1.e PLANNING COMMISSION RESOLUTION NO. 016-22
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“Almond Avenue Public Improvements” shall be submitted to the Public Works Department for review and approval. Upon acceptance of completed public improvement plans, a Building permit may be issued if the Owner has bonded for public improvements and executed the Agreement to Construct and Install Improvements (Not a Subdivision).
b. Dedication(s). Easements, as shown on the approved site plan and described as follows, subject to approval of the easement scope and location by the Public Works Department and/or the Building and Safety Division:

All street purposes along W. Micheltorena Street in order to establish a sixty-footwide public right-of-way. c. Water Rights Assignment Agreement. The Owner shall assign to the City of Santa Barbara the exclusive right to extract ground water from under the Real Property in an Agreement Assigning Water Extraction Rights. Engineering Division Staff prepares said agreement for the Owner’s signature. d. W. Micheltorena Street Public Improvements. The Owner shall submit C-1 public improvement plans for construction of improvements along the property frontage on W. Micheltorena Street. Plans shall be submitted separately from plans submitted for a Building Permit, and shall be prepared by a licensed civil engineer registered in the State of California. As determined by the Public Works Department, the improvements shall include new and/or remove and replace to City standards, the following: one hundred (100) linear feet of sidewalk to include conform with City’s Westside Community Paseos Project at the Almond Avenue Pedestrian Access Ramp, driveway apron modified to meet Title 24 requirements with a maximum width of thirty (30) feet, preserve and/or reset survey monuments, protect and relocate existing contractor stamps to parkway, supply and install directional/regulatory traffic control signs per the CA MUTCD during construction, three (3) new street trees per approval of the Parks and Recreation Commission and provide adequate positive drainage from site. Any work in the public right-of-way requires a Public Works Permit.
e. Almond Avenue Public Improvements. The Owner shall submit C-1 public improvement plans (inclusive with W. Micheltorena Street) for construction of improvements along the property frontage on Almond Avenue. Plans shall be submitted separately from plans submitted for a Building Permit, and shall be prepared by a licensed civil engineer registered in the State of California. As determined by the Public Works Department, the improvements shall include new and/or remove and replace to City standards, the following: ninety (90) linear feet of sidewalk, driveway apron modified to meet Title 24 requirements with a maximum width of sixteen (16) feet, seventy-five (75) linear feet of curb and gutter, curb-side drop-off with access ramp, preserve and/or reset survey monuments, protect and relocate existing contractor stamps to parkway, supply and install directional/regulatory traffic control signs per the CA MUTCD during construction, one (1) new street tree per approval of the Parks and Recreation Commission and provide adequate positive drainage from site. Any work in the public right-of-way requires a Public Works Permit.

PLANNING COMMISSION RESOLUTION NO. 016-22
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f. Haul Routes Require Separate Permit. Apply for a Public Works permit to establish the haul route(s) for all construction-related trucks with a gross vehicle weight rating of three tons or more entering or exiting the site. g. Construction-Related Truck Trips. Construction-related truck trips for trucks with a gross vehicle weight rating of three tons or more shall not be scheduled during peak hours (7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m.) in order to help reduce truck traffic on adjacent streets and roadways. h. Bicycle Parking. In addition to the general requirement to provide 6 bicycle parking spaces, 6 additional covered bicycle parking spaces shall be provided.

Their size and location shall be approved by the Public Works Director. i. Agreement to Construct and Install Improvements. The Owner shall submit an executed Agreement to Construct and Install Improvements, prepared by the Engineering Division, an Engineer’s Estimate, signed and stamped by a registered civil engineer, and securities for construction of improvements prior to execution of the Agreement.

2. Community Development Department.
a. Recordation of Agreements. The Owner shall provide evidence of recordation of the written instrument that includes all of the Recorded Conditions identified in condition B “Recorded Conditions Agreement” to the Community Development Department prior to issuance of any building permits.
b. Drainage and Water Quality. The project is required to comply with Tier 2 of the Storm Water BMP Guidance Manual, pursuant to Santa Barbara Municipal Code Chapter 22.87. The project shall comply with the Storm Water Management Program Report prepared by Ashley & Vance Engineering, Inc. dated March 10, 2022. Project plans for grading, drainage, stormwater facilities and treatment methods, and project development, shall be subject to review and approval by the City Building Division and Public Works Department. Sufficient engineered design and adequate measures shall be employed to ensure that no unpermitted construction-related or long-term effects from increased runoff, erosion and sedimentation, urban water pollutants (including, but not limited to trash, hydrocarbons, fertilizers, bacteria, etc.), or groundwater pollutants would result from the project.
c. Letter of Commitment for Neighborhood Notification Prior to Construction.

The Owner shall submit to the Planning Division a letter of commitment to provide the written notice specified in condition E.1 “Neighborhood Notification Prior to Construction” below. The language of the notice and the mailing list shall be reviewed and approved by the Planning Division prior to being distributed. An affidavit signed by the person(s) who compiled the mailing list shall be submitted to the Planning Division.
d. Evidence of Off-Site Parking Agreement Recordation. Evidence shall be provided to the Community Development Director that the Off-Site Parking PLANNING COMMISSION RESOLUTION NO. 016-22
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Agreement required in Section B “Recorded Conditions Agreement” has been recorded.
e. Design Review Requirements. Plans shall show all design, landscape and tree protection elements, as approved by the appropriate design review board and as outlined in Section C “Design Review,” and all elements/specifications shall be implemented on-site.
f. Conditions on Plans/Signatures. The final Resolution shall be provided on a full size drawing sheet as part of the drawing sets. The following statement shall be signed prior to issuance of and permits: The undersigned have read and understand the required conditions, and agree to abide by any and all conditions which are their usual and customary responsibility to perform, and which are within their authority to perform.

Signed:
_____________________________________________________________ Property Owner Date
_____________________________________________________________ Contractor Date License No.
_____________________________________________________________ Architect Date License No.
_____________________________________________________________ Engineer Date License No.

E. Construction Implementation Requirements. All of these construction requirements shall be carried out in the field by the Owner and/or Contractor for the duration of the project construction, including demolition and grading.

1. Neighborhood Notification Prior to Construction. At least twenty (20) days prior to commencement of construction, the contractor shall provide written notice to all property owners, businesses, and residents within 300 feet of the project area. The notice shall contain a description of the project, the construction schedule, including days and hours of construction, the name and phone number of the Contractor(s), site rules and Conditions of Approval pertaining to construction activities, and any additional information that will assist Building Inspectors, Police Officers and the public in addressing problems that may arise during construction.

2. Construction Contact Sign. Immediately after Building permit issuance, signage shall be posted at the points of entry to the site that list the contractor(s) name, contractor(s) telephone number(s), construction work hours, site rules, and construction-related conditions, to assist Building Inspectors and Police Officers in the enforcement of the conditions of approval. The font size shall be a minimum of 0.5 inches in height. Said sign shall not exceed six feet in height from the ground if it is free-standing or placed on a fence. It shall not exceed 24 square feet if in a multi-family or commercial zone or six square feet if in a single family zone.

PLANNING COMMISSION RESOLUTION NO. 016-22
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3. Construction Hours. Construction (including preparation for construction work) shall only be permitted Monday through Friday between the hours of 7:00 a.m. and 5:00 p.m. and Saturdays between the hours of 9:00 a.m. and 4:00 p.m., excluding the following holidays:

New Year’s Day January 1st*
Martin Luther King, Jr. Day 3rd Monday in January
Presidents’ Day 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4th*
Labor Day 1st Monday in September
Thanksgiving Day 4th Thursday in November
Following Thanksgiving Day Friday following Thanksgiving Day Christmas Day December 25th*
*When a holiday falls on a Saturday or Sunday, the preceding Friday or following Monday, respectively, shall be observed as a legal holiday.

When, based on required construction type or other appropriate reasons, it is necessary to do work outside the allowed construction hours, contractor shall contact the City to request a waiver from the above construction hours, using the procedure outlined in Santa Barbara Municipal Code §9.16.015 Construction Work at Night. Contractor shall notify all residents within 300 feet of the parcel of intent to carry out said construction a minimum of 48 hours prior to said construction. Said notification shall include what the work includes, the reason for the work, the duration of the proposed work and a contact number.

4. Construction Storage/Staging. Construction vehicle/ equipment/ materials storage and staging shall be done on-site. No parking or storage shall be permitted within the public right-of-way, unless specifically permitted by the Public Works Director with a Public Works permit.

5. Construction Parking. During construction, free parking spaces for construction workers shall be provided on-site or off-site in a location subject to the approval of the Public Works Director.

6. Nesting Birds. Birds and their eggs nesting on or near the project site are protected under the Migratory Bird Treaty Act and pursuing, hunting, taking, capturing, killing, or attempt to do any of the above is a violation of federal and state regulations. No trimming or removing brush or trees shall occur if nesting birds are found in the vegetation. All care should be taken not to disturb the nest(s). Removal or trimming may only occur after the young have fledged from the nets(s).

7. Quality and Dust Control. The following measures shall be shown on grading and building plans and shall be adhered to throughout grading, hauling, and construction activities:
a. During construction, use water trucks or sprinkler systems to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this should include wetting down such areas in the late morning and after work is completed for the day. Increased watering frequency should be required PLANNING COMMISSION RESOLUTION NO. 016-22
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whenever the wind speed exceeds 15 mph. Reclaimed water should be used whenever possible. However, reclaimed water should not be used in or around crops for human consumption.
b. Minimize amount of disturbed area and reduce on site vehicle speeds to 15 miles per hour or less.
c. If importation, exportation and stockpiling of fill material is involved, soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. Trucks transporting fill material to and from the site shall be tarped from the point of origin.
d. Gravel pads shall be installed at all access points to prevent tracking of mud onto public roads.
e. After clearing, grading, earth moving or excavation is completed, treat the disturbed area by watering, or revegetating, or by spreading soil binders until the area is paved or otherwise developed so that dust generation will not occur. f. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust offsite. Their duties shall include holiday and weekend periods when work may not be in progress. The name and telephone number of such persons shall be provided to the Air Pollution Control District prior to land use clearance for map recordation and land use clearance for finish grading of the structure. g. All portable diesel-powered construction equipment shall be registered with the state’s portable equipment registration program OR shall obtain an APCD permit. h. Fleet owners of mobile construction equipment are subject to the California Air Resource Board (CARB) Regulation for In-use Off-road Diesel Vehicles (Title 13 California Code of Regulations, Chapter 9, § 2449), the purpose of which is to reduce diesel particulate matter (PM) and criteria pollutant emissions from in-use (existing) off-road diesel-fueled vehicles. For more information, please refer to the CARB website at www.arb.ca.gov/msprog/ordiesel/ordiesel.htm. i. All commercial diesel vehicles are subject to Title 13, § 2485 of the California Code of Regulations, limiting engine idling time. Idling of heavy-duty diesel construction equipment and trucks during loading and unloading shall be limited to five minutes; electric auxiliary power units should be used whenever possible. j. Diesel construction equipment meeting the California Air Resources Board (CARB) Tier 1 emission standards for off-road heavy-duty diesel engines shall be used. Equipment meeting CARB Tier 2 or higher emission standards should be used to the maximum extent feasible.
k. Diesel powered equipment should be replaced by electric equipment whenever feasible.
l. If feasible, diesel construction equipment shall be equipped with selective catalytic reduction systems, diesel oxidation catalysts and diesel particulate filters as certified and/or verified by EPA or California.

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m. Catalytic converters shall be installed on gasoline-powered equipment, if feasible. n. All construction equipment shall be maintained in tune per the manufacturer’s specifications.
o. The engine size of construction equipment shall be the minimum practical size. p. The number of construction equipment operating simultaneously shall be minimized through efficient management practices to ensure that the smallest practical number is operating at any one time. Construction worker trips should be minimized by requiring carpooling and by providing for lunch onsite.

8. Unanticipated Archaeological Resources Contractor Notification. Standard discovery measures shall be implemented per the City master Environmental Assessment throughout grading and construction: Prior to the start of any vegetation or paving removal, demolition, trenching or grading, contractors and construction personnel shall be alerted to the possibility of uncovering unanticipated subsurface archaeological features or artifacts.

If such archaeological resources are encountered or suspected, work shall be halted immediately, the City Environmental Analyst shall be notified and the Owner shall retain an archaeologist from the most current City Qualified Archaeologists List. The latter shall be employed to assess the nature, extent and significance of any discoveries and to develop appropriate management recommendations for archaeological resource treatment, which may include, but are not limited to, redirection of grading and/or excavation activities, consultation and/or monitoring with a Barbareño Chumash representative from the most current City qualified Barbareño Chumash Site Monitors List, etc.

If the discovery consists of possible human remains, the Santa Barbara County Coroner shall be contacted immediately. If the Coroner determines that the remains are Native American, the Coroner shall contact the California Native American Heritage Commission.

A Barbareño Chumash representative from the most current City Qualified Barbareño Chumash Site Monitors List shall be retained to monitor all further subsurface disturbance in the area of the find. Work in the area may only proceed after the Environmental Analyst grants authorization.

If the discovery consists of possible prehistoric or Native American artifacts or materials, a Barbareño Chumash representative from the most current City Qualified Barbareño Chumash Site Monitors List shall be retained to monitor all further subsurface disturbance in the area of the find. Work in the area may only proceed after the Environmental Analyst grants authorization.

A final report on the results of the archaeological monitoring shall be submitted by the City-approved archaeologist to the Environmental Analyst within 180 days of completion of the monitoring and prior to any certificate of occupancy for the project.

F. Prior to Certificate of Occupancy. Prior to issuance of the Certificate of Occupancy, the Owner of the Real Property shall complete the following:

1. Repair Damaged Public Improvements. Repair any public improvements (curbs, gutters, sidewalks, roadways, etc.) or property damaged by construction subject to the review and approval of the Public Works Department per SBMC §22.60. Where tree roots PLANNING COMMISSION RESOLUTION NO. 016-22
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are the cause of the damage, the roots shall be pruned under the direction of a qualified arborist.

2. Complete Public Improvements. Public improvements, as shown in the public improvement plans or building plans, shall be completed.

3. New Construction Photographs. Photographs of the new construction, taken from the same locations as those taken of the story poles prior to project approval, shall be taken, attached to 8 ½ x 11” board and submitted to the Planning Division.

4. Recordation of Parking Covenant. The Owner shall record a Parking Covenant identifying off-site parking to meet the required 22 off-site parking stalls required to satisfy parking demand for employees, at a location approved by the Community Development Director. Such approval, and any terms required for said approval, shall be subject to review and approval by the City Attorney and Public Works Director, and which at City’s discretion may be recorded against the Real Property. Off-site parking may alternatively be provided in compliance with Santa Barbara Municipal Code subsection 30.175.060.A.

G. General Conditions.

1. Compliance with Requirements. All requirements of the city of Santa Barbara and any other applicable requirements of any law or agency of the State and/or any government entity or District shall be met. This includes, but is not limited to, the Endangered Species Act of 1973 [ESA] and any amendments thereto (16 U.S.C. § 1531 et seq.), the 1979 Air Quality Attainment Plan, and the California Code of Regulations.

2. Approval Limitations.
a. The conditions of this approval supersede all conflicting notations, specifications, dimensions, and the like which may be shown on submitted plans. b. All buildings, roadways, parking areas and other features shall be located substantially as shown on the plans approved by the Planning Commission. c. Any deviations from the project description, approved plans or conditions must be reviewed and approved by the City, in accordance with the Planning Commission Guidelines. Deviations may require changes to the permit and/or further environmental review. Deviations without the above-described approval will constitute a violation of permit approval.

3. Litigation Indemnification Agreement. In the event the Planning Commission approval of the Project is appealed to the City Council, Applicant/Owner hereby agrees to defend the City, its officers, employees, agents, consultants and independent contractors (“City’s Agents”) from any third party legal challenge to the City Council’s denial of the appeal and approval of the Project, including, but not limited to, challenges filed pursuant to the California Environmental Quality Act (collectively “Claims”). Applicant/Owner further agrees to indemnify and hold harmless the City and the City’s Agents from any award of attorney fees or court costs made in connection with any Claim.

Applicant/Owner shall execute a written agreement, in a form approved by the City Attorney, evidencing the foregoing commitments of defense and indemnification within thirty (30) days of being notified of a lawsuit regarding the Project. These commitments PLANNING COMMISSION RESOLUTION NO. 016-22
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of defense and indemnification are material conditions of the approval of the Project. If Applicant/Owner fails to execute the required defense and indemnification agreement within the time allotted, the Project approval shall become null and void absent subsequent acceptance of the agreement by the City, which acceptance shall be within the City’s sole and absolute discretion. Nothing contained in this condition shall prevent the City or the City’s Agents from independently defending any Claim. If the City or the City’s Agents decide to independently defend a Claim, the City and the City’s Agents shall bear their own attorney fees, expenses, and costs of that independent defense.

III. Said approval is subject to the following time Limits:

A. NOTICE OF CONDITIONAL USE PERMIT, MODIFICATION APPROVAL TIME LIMITS:

The Planning Commission action approving the Conditional Use Permit and Modification shall terminate three (3) years from the effective date of the approval, per Santa Barbara Municipal Code §30.205.120, unless:

1. An extension is granted by the Community Development Director prior to the expiration of the approval; or

2. A Building permit for the use authorized by the approval is issued and the construction authorized by the permit is being diligently pursued to completion and issuance of a Certificate of Occupancy.

B. NOTICE OF DEVELOPMENT PLAN TIME LIMITS:

The Planning Commission action approving the Development Plan shall expire four (4) years from the date of approval per Santa Barbara Municipal Code §30.205.120, unless:

1. A building or grading permit for the work authorized by the development plan is issued prior to the expiration date of the approval.

2. The Community Development Director grants an extension prior to the expiration of the approval.

C. NOTICE OF TIME LIMITS FOR PROJECTS WITH MULTIPLE APPROVALS (SBMC § 30.205.120):

If a project requires multiple discretionary permits or approvals, the expiration date shall be measured from date of final action of the City on the longest discretionary approval permit or approval related to the application (excluding design review approval), unless otherwise specified by State or federal law.

This motion was passed and adopted on the 15th day of December, 2022 by the Planning Commission of the City of Santa Barbara, by the following vote:

AYES: 5 NOES: 1 (Bonderson) ABSTAIN: 0 ABSENT: 0
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I hereby certify that this Resolution correctly reflects the action taken by the City of Santa Barbara Planning Commission at its meeting of the above date.
_______________________________________________ ____________________________ Gillian Fennessy, Commission Secretary Date
PLEASE BE ADVISED:

THIS ACTION OF THE PLANNING COMMISSION CAN BE APPEALED TO THE CITY COUNCIL WITHIN TEN (10) CALENDAR DAYS AFTER THE DATE THE ACTION WAS TAKEN BY THE PLANNING COMMISSION.
1/23/2023

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: March 14, 2023
TO: City Council
FROM: Environmental Services Division, Sustainability & Resilience Department
SUBJECT: Approval of Negotiated Terms and Set Date for a Public Hearing to Consider Award of a New Solid Waste Franchise Agreement with MarBorg Industries [Resolution]
RECOMMENDATION: That Council:

A. Approve the negotiated terms and conditions for a new Solid Waste Franchise Agreement with MarBorg Industries; and
B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Setting the Date for a Public Hearing to Consider Award of an Exclusive Franchise to Marborg Industries for Solid Waste Collection Services.

EXECUTIVE SUMMARY:

The City is preparing for the expiration of its current solid waste franchise hauler agreement with MarBorg Industries (MarBorg) on June 7, 2023. As directed by Council on July 19, 2022, City staff and solid waste consultants from R3 Consulting Group Inc. (R3) negotiated the terms and conditions of a new exclusive franchise agreement (New Agreement) with MarBorg. Negotiations began in August 2022 and were substantially concluded in January 2023.

The City conducted an online survey of solid waste customers from June to September 2022, which indicated that a majority of customers are satisfied or very satisfied with MarBorg’s services. Respondents to the survey provided feedback regarding priorities for enhanced service offerings, which were pursued during the negotiation process, in addition to new and enhanced programs and services recommended by City staff and R3. New and enhanced programs and services resulting from negotiations include:
 Enhancements to a variety of neighborhood collection services.  Compliance with new State legislative mandates; and
Agenda Item No. 15
File Code No. 630.01
Council Agenda Report
Approval of Negotiated Terms and Set Date for a Public Hearing to Consider Award of a New Solid Waste Franchise Agreement with MarBorg Industries [Resolution] March 14, 2023

 Terms and conditions reflecting current industry standards in a variety of areas.

Additional negotiated terms include:
 Changes to compensation methodology and financial reporting;  Transitioning small residential collection service to a curbside cart collection program;
 Keeping MarBorg’s base compensation flat in Fiscal Year (FY) 2024;  Keeping MarBorg’s base compensation flat in FY 2025, except for a one-time adjustment for change in fuel costs in that year due to substantial market volatility;  Adjusting MarBorg’s compensation annually by the Consumer Price Index, Garbage and Trash Collection in U.S. City Average (Series ID CUSR0000SEHG02) (CPI) starting in FY 2026, with a cap of five percent increase;
 Adding two percent to the CPI adjustment in FYs 2026 through FY 2029 to fund new collection vehicle and equipment capital costs; and  Establishment of a franchise fee.

Negotiations progressed smoothly and with favorable outcomes to the City and its solid waste ratepayers. The City and MarBorg have agreed on new programs and services for customers while also keeping the compensation paid by the City to MarBorg in FY 2024 flat. Base compensation to MarBorg will also remain flat in FY 2025, but there will be a one-time “fuel true-up” payment that will cover the annual change in fuel costs related to the global surge in natural gas costs in early 2023.

The Franchise Fee paid by MarBorg to the City will also be adjusted to align with best practices around the State and better reflect the impact of the solid waste service on municipal infrastructure. However, changes to the Franchise Fee will not result in a substantive change on the ratepayer’s overall utility bill due to the elimination of the Solid Waste UUT charge, which was previously 6%.

It is important to note that although approval of a New Agreement with these proposed terms will not result in increased compensation to MarBorg in FY24, the City’s overall solid waste rates are anticipated to increase in the coming year due to changes in the cost of post-collection processing and costs associated with landfill operations, and other activities under the City’s Waste Delivery Agreement with the County. Those costs will Council Agenda Report
Approval of Negotiated Terms and Set Date for a Public Hearing to Consider Award of a New Solid Waste Franchise Agreement with MarBorg Industries [Resolution] March 14, 2023

not be part of the New Agreement with MarBorg, but these costs are passed through to solid waste customers by way of the solid waste rates.

Beginning in FY 2025, MarBorg will implement the same small residential curbside cart collection program that has already been implemented in all other MarBorg service areas and is the standard model of collection throughout California. Via this program, all small residential customers (comprised of one to four residential units) will be expected to roll wheeled solid waste containers (“carts”) to the curb for weekly emptying by MarBorg.

Customers requiring accommodation because of disability or other physical limitation will be provided “on-premises” service at no additional cost, and customers voluntarily optingin to “on-premises” service will pay an additional rate on their utility bills, corresponding to the higher cost of providing that service.

Staff and R3 presented the new proposed terms and conditions to the Sustainability Council Committee on February 13, 2023 and the Committee voted unanimously to forward a recommendation to Council supporting the proposed terms for a new Solid Waste Franchise Agreement with MarBorg.

At this time, Council is being requested to approve the outcomes of negotiations and to direct staff to finalize the draft New Agreement for Council approval. Council is also requested to adopt a resolution of intention to grant the franchise agreement and set a public hearing for April 11, 2023.

DISCUSSION:

Background
The solid waste industry has changed significantly since the City first entered into the Agreement with MarBorg in 2013. In the last ten years, a series of new legislative mandates require recycling and organic collections services in certain sectors and establishes targets to reduce statewide disposal of organic waste. Additionally, changes in recycling and labor markets and advancements in technology have shifted industry operating standards.

Implementing these mandates and new industry standards require significant changes to the existing franchise agreement. These changes will be incorporated into the New Agreement. Additionally, evaluating and incorporating lessons learned since current programs and services were put into place were critical to the development of a modern New Agreement in alignment with industry best practices and the service needs of the Santa Barbara community. To support the City in that effort, on April 12, 2022, Council approved a professional service agreement with R3 for expert consulting services for developing and negotiating the new Agreement.

Council Agenda Report
Approval of Negotiated Terms and Set Date for a Public Hearing to Consider Award of a New Solid Waste Franchise Agreement with MarBorg Industries [Resolution] March 14, 2023

On June 13, 2022, the Council Sustainability Committee voted to recommend pursuing a direct negotiation with MarBorg, establishing an eight-month period to come to an agreement, while maintaining the right to conduct competitive procurement if an agreement is not reached during that time, as well as to extend the existing contract by one year. On July 19, 2022, the City Council voted to support the Sustainability Committee’s recommendation.

On October 17, 2022 the Council Sustainability Committee voted to recommend that Council support the changes to the solid waste programs and services for the new MarBorg Agreement, and on November 15, 2022, the City Council voted to support the Sustainability Committee’s recommendation. Council requested keeping near-term changes to solid waste rates as low as possible and also requested additional details regarding the small residential curbside cart collection program, both of which are addressed in this report.

Community Survey Results
Staff and R3 prepared for negotiating programs and services for the City by conducting a community survey from June 8 through September 2022. There were over 1,200 respondents to the survey, which was conducted online, and while the results are not statistically significant, the majority of respondents indicated being satisfied or very satisfied with MarBorg’s services. The majority of respondents also indicated that quality of overall service was of highest priority, with range of services provided and cost of service being the next highest overall priorities. Respondents also expressed interest in broader access to household hazardous waste (HHW) collection services, access to compost for gardens and backyards, and additional bulky item pickups, in that order of priority.

Negotiation Outcomes
Staff, MarBorg, and R3 have successfully concluded negotiations of terms, conditions, programs, and services for inclusion in the New Agreement, which is proposed to be a 15-year Agreement with the City’s option for a 5-year extension.

Enhanced Neighborhood Collection Services
The New Agreement will provide enhancements and additions to several existing MarBorg programs and services which, together, will contribute to greater cleanliness on City streets and public rights-of-way. The enhanced services are summarized below, with all services being provided to the City by MarBorg at minimum set levels as well as scalability for increased level of service if needed.

Council Agenda Report
Approval of Negotiated Terms and Set Date for a Public Hearing to Consider Award of a New Solid Waste Franchise Agreement with MarBorg Industries [Resolution] March 14, 2023

 Bulky Items: Expanding bulky item collection service to include large residential units, which will triple the amount of bulky item collections available to residents in the City. Service will be provided within five business days of requests by residents. Palm fronds will also now be accepted in bulky item collection.  Abandoned Waste: Enhancing abandoned waste clean-up efforts, which will be provided within 48 hours of City direction and providing for a greater number of abandoned waste collections based on City’s needs.
 Palm Fronds: As requested by City staff, providing collection of palm fronds cleaned up by City crews on City property. Separately, collection of palm fronds generated on residential properties via the bulky item collection service provided to residents.
 Clean SB and City Services: Providing additional solid waste collection services via roll-off containers for City services and collection containers for clean-up events.
 Premium Sunday Service: Providing a premium Sunday collection service to businesses that subscribe to service on all other collection days.  HHW Collection Events: Providing periodic events for City residents to drop-off HHW at convenient and centralized locations, supplementing the existing Community HHW Collection program at UCSB.

Programs and Services for Legislative Compliance
A primary reason to update the franchise agreement with MarBorg is to secure programs and services to facilitate compliance with State legislative requirements.

Over the last ten years, the solid waste industry has undergone a series of significant changes in response to post-consumer material markets and state legislation, driving the need to create a more adaptive system. Some of the major legislation includes Mandatory Commercial & Multi-Family Recycling (AB 341 (2012)) and Mandatory Commercial Organics Recycling (AB 1826 (2014)), which require commercial and multi-family residents to subscribe to recycling and organic collection services and Short-Lived Climate Pollutants (SB 1383 (2016)), which is intended to reduce greenhouse gas emissions, such as methane, and address food insecurity in California.

SB 1383 imposes significant new administrative requirements on jurisdictions including program implementation, reporting to CalRecycle, and enforcement. The following are not included in the current agreement and will be incorporated into the new Agreement to address these important changes:

Council Agenda Report
Approval of Negotiated Terms and Set Date for a Public Hearing to Consider Award of a New Solid Waste Franchise Agreement with MarBorg Industries [Resolution] March 14, 2023

 New Containers/Lids and Labeling: The City must adopt a collection system that complies with prescribed labeling and container or lid color for all account holders.

This includes providing new containers or lids for those that do not comply. The City’s current brown trash containers do not comply as SB 1383 requires them to be gray or black. Brown trash containers will be replaced with gray containers over the first five years of the new Agreement to comply with this requirement.  Contamination Monitoring: SB 1383 includes annual inspection requirements to verify self-hauler compliance, including inspections of Tier One and Tier Two commercial edible food generators to verify compliance with food recovery requirements and annual residential and commercial route reviews to visually assess container contamination.
 Reporting and Data Tracking: There are a number of reporting requirements that the City intends to have MarBorg fulfill, including: type of organic waste collection service(s) provided to generators; results of waste evaluations performed to minimize contamination and the number of resulting targeted route reviews; and the total number of generators that receive each type of organic waste collection service provided.

Dedicated Staffing, New Collection Vehicles, Zero Emission Vehicle Opportunities, and Other Industry Standards
The New Agreement will also include terms and conditions meeting industry standards in a variety of areas. Among those are:
 Dedicated Staffing: MarBorg will provide a full-time dedicated point-of-contact serving as the primary liaison to the City and being responsible for resolution of City inquiries (such as service needs, complaint resolution, reporting requests, etc.).
 New Collection Vehicles: MarBorg’s collection vehicles are due for replacement and vehicles over 10 years old will be replaced with new compressed natural gas (CNG vehicles) under the New Agreement. Additionally, the City and MarBorg will periodically meet-and-confer to review the economic and technological viability of implementing zero emission vehicles, with the intention of piloting such vehicles as soon as it is feasible. New collection vehicles will be acquired in the first six years of the New Agreement, with depreciation being amortized over a 15 year period in order to spread out the costs of new capital over a longer-term, thereby facilitating the near-term outcomes of keeping MarBorg’s compensation flat in FY 2024 and FY 2025 (not including the one-time fuel true-up).

Council Agenda Report
Approval of Negotiated Terms and Set Date for a Public Hearing to Consider Award of a New Solid Waste Franchise Agreement with MarBorg Industries [Resolution] March 14, 2023

Other industry standard terms and conditions include, but are not limited to:
 Reporting: To meet legislative requirements and facilitate best practices in management and administration of the Agreement.
 Performance Standards: Providing the City with assurances of MarBorg’s performance including administrative penalties for uncured failures to perform.  Performance Reviews: Providing the City with the ability to audit MarBorg’s operations and finances periodically to ensure adherence to the terms and conditions of the Agreement.
 Risk Management: Meeting current City standards for insurance coverages and performance bond assurances.

Small Residential Curbside Cart Collection Program
The City’s Small Residential (one to four dwelling units) collection program is provided in a manner that is outdated compared to current industry standard in Santa Barbara County and the rest of California. Currently, collection services for Small Residential customers in the City are provided via collection vehicles that require two employees to exit the vehicle to gather containers and manually move those containers to the rear of the collection vehicle for emptying. Containers are often located away from the public rightof-way, meaning that employees spend valuable time walking to and from the collection vehicle to gather and return containers.

Under the New Agreement, collection practices will move away from this very labor intensive means of providing Small Residential collection services. Instead, MarBorg will use the same collection approach that has been approved in MarBorg’s other service areas and is the industry standard for communities in California. This approach entails use of automated collection vehicles (operated by one employee) which use a mechanical arm to collect specially designed wheeled carts which are placed at the curb by residents.

MarBorg has implemented this Small Residential curbside cart collection program in all the other communities to which it provides services, including most recently Montecito, Hope Ranch and Mission Canyon. The program has been well received in those communities, and, according to the City’s consultant R3, this collection approach has been in widespread use throughout the State for decades and is a time-proven method of providing Small Residential collection service. Large Residential (five or more dwelling units) customers will continue to receive on-premises collection according to service categories in the New Agreement and rate classes set by the City for that service. It should be noted that there will be no reduction in MarBorg’s labor force because of approving this new service model due to the reallocation of MarBorg’s labor force within the company.

Council Agenda Report
Approval of Negotiated Terms and Set Date for a Public Hearing to Consider Award of a New Solid Waste Franchise Agreement with MarBorg Industries [Resolution] March 14, 2023

Curbside cart collection for the City’s Small Residential customers will be flexible, providing for cost-effective rates for most of the customers while maintaining an option for those who would like to pay for the added convenience of “on-premises” non-curbside service. There are many benefits to a curbside cart collection program, including but not limited to:
 Efficiency: Shorter service time to collect carts from the curb.  Reduced Idling: Fewer emissions from idling vehicles due to shorter service time.
 Traffic Safety: Safer neighborhood traffic conditions resulting from less time with trucks collecting containers in the street.
 Worker Safety: Safer working conditions for MarBorg employees by virtue of less need to physically maneuver containers.
 Customer Convenience: Wheeled containers that are easier for customers to maneuver.
 Litter Improvements: Reduced roadside litter by providing containers with attached lids.
 Uniformity: Cleaner appearance of roadways with standardized containers.

MarBorg will provide every Small Residential customer in the City with wheeled carts (color coordinated to meet the requirements of SB 1383) for collection of trash, recycling and yard waste. All Small Residential customers will be directed to place those wheeled carts out to the curbside on their collection day and MarBorg will collect the containers from the curbside collection point. MarBorg will employ the new automated collection vehicles where the conditions of service make automated collection feasible (estimated at 60 percent of the City’s Small Residential customers) and will continue to employ the current approach in areas of the City where automated collection is infeasible due to density and/or traffic conditions (estimated at 40 percent of the City’s Small Residential customers).

With this change, all Small Residential customers will need to use wheeled carts (to which 70 percent of customers already subscribe) and place those carts curbside. Customers will not be allowed to use non-wheeled cans, and all customers with non-wheeled cans will be provide new wheeled carts (affecting 30 percent of customers). Currently, MarBorg provides collection service customers using non-wheeled cans on-premises services as a default. Under the curbside cart collection program, the default collection option will be at the curbside, with customers being able to opt-in to on-premises collection service at Council Agenda Report
Approval of Negotiated Terms and Set Date for a Public Hearing to Consider Award of a New Solid Waste Franchise Agreement with MarBorg Industries [Resolution] March 14, 2023

an additional cost (with exception for customers requiring a disability accommodation).

This additional cost will reflect the added cost of serving those customers’ carts on premise. Customers qualifying for an accommodation will be able to request on-premise collection at no additional charge, as discussed below.

If approved by Council, the change to this new collection approach would be enacted July 1, 2024, providing over one year for the transition. This will allow the City and MarBorg plenty of time and opportunity to conduct outreach and education to customers regarding the details of the new program, including but not limited to, directions on how to safely set out containers and not block the public right-of-way and details about how to secure accommodation for “on-premises” service.

Small Residential customers will be provided plenty of advance notice via outreach and education regarding the change and will have the ability to keep or change their subscription levels during the transition. MarBorg leadership will personally oversee the container exchange process and will use MarBorg employees to deliver the new carts, as opposed to a third-party service provider which is typically the case for such transitions.

In November 2022, the Council asked for more information regarding the process to secure accommodations for people who, for a variety of reasons (e.g., disability or age), may not be able to bring their carts to the curbside. The process is simple and straightforward: customers seeking accommodation need only complete a short form with MarBorg with proof of temporary or permanent disability (via placard or doctor’s note) or documentation showing that the customer is 80 years of age or older and then MarBorg will provide on premise collection of carts and the City will only charge the curbside rate.

Accommodations for reasons of disability will be re-confirmed every two years.

The Council also asked questions regarding the broader use of carts for collection (instead of customer owned cans) specifically with respect to keeping sidewalks clear and avoiding problems with set-out of carts on hills. In considering these issues, staff and MarBorg noted that 70% of Small Residential customers already use carts, and the vast majority of those already bring their carts to the curb for collection. MarBorg provides direction to customers regarding safe set out of containers and City code enforcement staff currently enforces the City’s codes with respect to blocking the public right-of-way.

Likewise, MarBorg has not observed issues with carts being used in hilly areas, either in the City or its other service areas. Regardless, staff and MarBorg will make sure that outreach and education to customers in the yearlong period prior to formal roll-out of the curbside cart collection program will address how to set out containers safely without blocking sidewalks or allowing containers to roll down hills.

Finally, the Council also asked about the ability to reserve its right to change programs in the future, such as to implement separate collection of food scraps (instead of including them in trash for recovery at the Resource Center) or to implement a two-stream “wet / Council Agenda Report
Approval of Negotiated Terms and Set Date for a Public Hearing to Consider Award of a New Solid Waste Franchise Agreement with MarBorg Industries [Resolution] March 14, 2023

dry” program. While neither of these programs are currently necessary or costadvantageous to the City or its customers, the City will retain the right and ability to direct future program changes with MarBorg should it see a need to adjust collection programs in the future.

Revised Compensation Methodology
The means of compensating MarBorg in the current agreement are complicated, outdated, and not in keeping with industry standards. Currently, MarBorg is compensated based on a complex set of calculations wherein the amount due to MarBorg is derived based on what the City collects from solid waste customers. Additionally, MarBorg’s current compensation includes compensation for the post-collection costs of processing, recycling, composting and disposal, which the City intends to pay directly to the County pursuant to its Material Delivery Agreement going forward.

Under the New Agreement, MarBorg will be compensated for collection services it provides to customers in accordance with a set of cost-of-service per unit rates. Those cost-of-service compensation rates will originally be set based on financial analysis conducted by the City, R3 and other City consultants. Once set, the compensation per unit will be adjusted annually in accordance with a CPI posted by the Bureau of Labor Statistics.

Post-collection costs will be paid to the County by the City directly and will no longer be included as payments to MarBorg. MarBorg will also provide the City with financial statements necessary for the City to periodically quantify the cost-of-service provided to the City and the reasonableness of compensation to MarBorg.

Changes to Franchise Fees
The franchise fee paid by Marborg under its current agreement is about two percent of gross revenues (approximately $680,000 annually). Two percent is well below industry standards. The City also collects a six percent Utility Users Tax (UUT) on solid waste collections (generating approximately $2.1 million annually) but collection of a UUT on solid waste is unusual and not consistent with standard industry practice. Therefore, in order to better align with statewide practice, staff is recommending to eliminate the solid waste UUT and increase the franchise fee. The customer will see little or no increase to their bill related to these changes, as the updated franchise fee and the elimination of the UUT charged historically essentially net each other out. The proposed new annual MarBorg franchise fee will initially be set at $2.96 million, which includes a CPI increase of 4.625 percent, and is subject to future change based on resolution of the City Council.

Council Agenda Report
Approval of Negotiated Terms and Set Date for a Public Hearing to Consider Award of a New Solid Waste Franchise Agreement with MarBorg Industries [Resolution] March 14, 2023

Next Steps and Timeline
Per the City’s Charter, before granting any franchise, Council must pass a resolution declaring its intention to grant the franchise. The resolution sets the time and place of a public hearing. It also directs the City Clerk to publish the resolution at least once, within 15 days of the passage thereof, in the official newspaper. The public hearing must take place no less than 20 and no more than 60 days after Council adopts the Resolution of Intention. Staff is requesting that Council adopt a resolution setting the date of the public hearing as April 11, 2023.

Staff intends to present the ordinance awarding the franchise and authorizing execution of the New Agreement for introduction on April 11 and adoption on April 18. This would allow for enough time for the referendum period to take place before the existing franchise agreement expires.

BUDGET/FINANCIAL INFORMATION:

If approved by Council, there will be no changes in MarBorg’s compensation in FY 2024.

MarBorg’s base compensation will also not change in FY 2025, though there will be a one-time fuel true-up payment equal to the change in fuel cost from November 1, 2022, through October 31, 2023 compared to the prior year.

Starting in FY 2025, small residential customers that choose to opt-in to on-premises collection, and that are not able to demonstrate the need for a disability accommodation, will see increases in their collection rate as a result of higher cost-of-service compensation to MarBorg for on-premises collection service.

Starting in FY 2026, MarBorg’s compensation will increase annually by the Consumer Price Index, Garbage and Trash Collection in U.S. City Average (Series ID CUSR0000SEHG02) (CPI), capped at five percent. Additionally, two percent will be added to the CPI in FY 2026 through FY 2029, which is to fund replacement of capital equipment including collection vehicles, carts, and containers; adjustments to MarBorg’s compensation will be phased in as new capital equipment is acquired, thus preventing the need for nearer term increases in MarBorg’s compensation and thus customer rates.

Thus, the maximum increases in MarBorg’s compensation from FYs 2026 through 2029 will be seven percent annually, with maximum increases thereafter at five percent annually. The associated revenues and expenditures of the new Franchise Agreement will be adequately budgeted in the Sustainability and Resilience Department operating budget during future budget cycles.

The proposed new annual franchise fee will initially be set at $2.96 million, and will be increased annually according to CPI increases. Franchise fees are deposited into the City’s General Fund.

Council Agenda Report
Approval of Negotiated Terms and Set Date for a Public Hearing to Consider Award of a New Solid Waste Franchise Agreement with MarBorg Industries [Resolution] March 14, 2023

PREPARED BY: Lorraine Cruz Carpenter, Environmental Services Manager SUBMITTED BY: Alelia Parenteau, Sustainability and Resilience Director APPROVED BY: City Administrator’s Office
1 RESOLUTION NO. _____

A RESOLUTION OF THE COUNCIL OF THE CITY OF

SANTA BARBARA SETTING THE DATE FOR A PUBLIC

HEARING TO CONSIDER AWARD OF AN EXCLUSIVE

FRANCHISE TO MARBORG INDUSTRIES FOR SOLID

WASTE COLLECTION SERVICES
WHEREAS, the current franchise agreement between the City of Santa Barbara and MarBorg Industries for solid waste collection services expires in June 2023; and WHEREAS, on July 19, 2022 City Council directed staff to negotiate a new exclusive franchise agreement with MarBorg Industries for solid waste collection services for residential, commercial, and industrial premises in accordance with Santa Barbara City Charter Article XIV and Santa Barbara Municipal Code Chapter 7.16, to commence upon the expiration of the current franchise agreement; and WHEREAS, on March 14, 2023 City staff presented to the City Council a report of the negotiated terms and conditions of a new exclusive franchise agreement and based on the report, the City Council directed staff to prepare a final agreement incorporating the negotiated terms for a duration of 15 years, plus a five year extension at the City’s option; and
WHEREAS, the proposed new exclusive franchise agreement for solid waste collection services with MarBorg Industries is consistent with Santa Barbara City Charter Article XIV and Santa Barbara Municipal Code Chapter 7.16; and.

WHEREAS, a copy of the draft new exclusive franchise agreement is on file for public review in the Sustainability and Resilience Department, located at 801 Garden Street, Suite 200, Santa Barbara, CA;

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

1. The City Council intends to grant an exclusive franchise for solid waste collection services to MarBorg Industries as generally described in this Resolution, subject to a public hearing and introduction and adoption of an ordinance in accordance with the provisions of the City Charter. .

2. The City Council will hold a public hearing to consider the grant of an exclusive franchise agreement to MarBorg Industries at its regular City Council meeting on April 11, 2023 at 2:00 PM or as soon thereafter as the matter may be heard, at 735 Anacapa Street, Santa Barbara, CA.

3. The City Clerk is directed to publish this resolution at least once in the official newspaper within 15 days of the effective date of this resolution. 2 4. This resolution is effective immediately upon its adoption.