utilization review services; banking services; subrogation functions; individual file maintenance; compilation of data for various statistical reports; submission of annual reports as required by law; and assisting the Risk Management staff with litigation management.
The City selected AdminSure to perform workers' compensation TPA services in 2018. A recent independent audit of AdminSure’s performance revealed an overall favorable rating.
AdminSure provides the City with the necessary qualifications, experience, and technical support at a fixed price to operate an efficient workers’ compensation program that complies with State laws and mandates.
BUDGET/FINANCIAL INFORMATION:
The contract with AdminSure designates the costs associated with the delivery of specific services: claims administrative tasks; medical bill review; utilization review; and banking services. The values shown in the chart below for the annual cost represent the combined values for all the service categories.
The overall service costs provided by AdminSure for Fiscal Year 2024 represents a modest increase compared to the expiring contract, followed by a flat rate annual increase in the next four (4) subsequent fiscal years.
Fiscal Year Annual Cost % Increase
2024 $338,904 7.5%
2025 $355,848 5.0%
2026 $373,644 5.0%
2027 $392,328 5.0%
2028 $411,948 5.0%
The Self-Insurance Fund annual budget contains an appropriation for this specific expense.
The amount allocated in Fiscal Year 2024 for the TPA services provided by AdminSure covers the full value of the expense.
A copy of the contract/agreement is available for public review in the City Clerk’s Office.
PREPARED BY: Mark Howard, Risk Manager
SUBMITTED BY: Keith DeMartini, Finance Director
APPROVED BY: City Administrator's Office
CITY OF SANTA BARBARA
COUNCIL AGENDA REPORT
AGENDA DATE: May 23, 2023
TO: Mayor and Councilmembers
FROM: Recreation Division, Parks and Recreation Department SUBJECT: Haley Street Youth Center Lease Renewal with Channel Islands YMCA [Agreement]
RECOMMENDATION:
That Council authorize the Parks and Recreation Director to execute a three-year lease agreement with the Channel Islands YMCA for the Haley Street Youth Center commencing on July 1, 2023, and ending on June 30, 2026.
DISCUSSION:
The Parks and Recreation Department administers a number of lease agreements for facility space at below-market rates to local non-profit social service providers at its neighborhood centers.
This 1,500 square foot, ADA accessible facility is located at 701 East Haley Street, in the Eastside neighborhood of Santa Barbara. Since the inaugural lease in 2014, the Channel Islands YMCA offered a variety of programs every week at the “Haley Street Youth and Family Center.” However, during the height of the pandemic, when the facility was closed for an extended period, senior leadership and stakeholders decided to align their Youth & Family Services division more effectively by shifting their outreach and case management from their Noah’s Anchorage Crisis Shelter for minors to the Haley Street location. This undertaking supports the Channel Islands YMCA mission of providing programs to people of all ages, races, religious beliefs, and economic status to promote youth development, healthy living, and social responsibility.
In March 2022 the Channel Islands YMCA received a grant that funded new office equipment and minor interior facility alterations. The newly renovated facility re-opened in January 2023 and now offers free daily drop-in services designed for transitional-age clients aged 18-24 who are no longer eligible for child service and are either experiencing homelessness or need help attaining basic needs such as food and clothing. The center Agenda Item No. 11
File Code No. 330.04
Council Agenda Report
Haley Street Youth Center Lease Renewal With Channel Islands YMCA [Agreement] May 23, 2023
remains vital to the community and is expected to assist approximately 250 people annually.
FINANCIAL INFORMATION:
The monthly rental rate for leased space is $1.51 per square foot, as proposed in the Fiscal Year 2024 Schedule of Fees and Charges. The total annual revenue in the first year is $27,180. The monthly rent shall be adjusted annually, with a maximum 3% increase each subsequent year on July 1st.
A copy of the agreement may be requested from the Parks and Recreation Department for public review by contacting Rose Nevarez at [email protected].
PREPARED BY: Michelle McDonnell, Recreation Supervisor
SUBMITTED BY: Jill Zachary, Parks and Recreation Director APPROVED BY: City Administrator's Office
CITY OF SANTA BARBARA
COUNCIL AGENDA REPORT
AGENDA DATE: May 23, 2023
TO: Mayor and Councilmembers
FROM: Recreation Division, Parks and Recreation Department SUBJECT: Non-Profit Organization Leases at the Westside and Franklin Community Centers [Agreement]
RECOMMENDATION: That Council:
A. Authorize the Parks and Recreation Director to execute annual lease agreements for office space at the Westside Community Center for the Independent Living Resource Center and Momentum Work, Inc.; and
B. Authorize the Parks and Recreation Director to execute annual lease agreements for office space at the Franklin Community Center for California Rural Legal Assistance, Inc., and the Santa Barbara County Immigrant Legal Defense Center.
DISCUSSION:
The Parks and Recreation Department administers lease agreements for facility space at below-market rates with local non-profit social service providers at two of its three Community centers; specifically, the Westside and Franklin Community Centers. Leases are negotiated annually and would commence on July 1, 2023. Each of these four subjectlease agreements are renewals.
BUDGET/FINANCIAL INFORMATION:
The monthly rental rate for leased space is $1.56 per square foot as proposed in the Fiscal Year 2024 Schedule of Fees and Charges. The total annual revenue from the four lease agreements is $171,231, which is appropriated in the Parks and Recreation operating budget.
Copies of the agreements may be requested from the Parks and Recreation Department for public review by contacting Rose Nevarez at [email protected].
Agenda Item No. 12
File Code No. 330.04
Council Agenda Report
Non-Profit Organization Leases at the Westside and Franklin Community Centers [Agreement]
May 23, 2023
PREPARED BY: Michelle McDonnell, Recreation Supervisor
SUBMITTED BY: Jill E. Zachary, Parks and Recreation Director APPROVED BY: City Administrator's Office
CITY OF SANTA BARBARA
COUNCIL AGENDA REPORT
AGENDA DATE: May 23, 2023
TO: Mayor and Councilmembers
FROM: Creeks Restoration and Water Quality Improvement Division, Sustainability & Resilience Department
SUBJECT: Professional Services Agreement with FM3 Research for Creek and Ocean Water Quality Public Awareness Research [Agreement] RECOMMENDATION:
That Council authorize the Sustainability & Resilience Director to execute a professional services agreement with FM3 Research in the amount of $56,750 to conduct public awareness research related to creek and ocean water quality and ongoing education and outreach efforts.
DISCUSSION:
Since 2003, the Creeks Restoration and Water Quality Improvement Division (Creeks Division) has administered a wide-ranging education and outreach program to increase community awareness of sources of creek and ocean water pollution, and to encourage residents to adopt behaviors that help prevent pollution. These efforts include, but are not limited to: paid advertising, community events, social media, partnering with local businesses, youth education programs, and volunteer events.
A public opinion survey conducted in 2002 provided baseline information about the community’s knowledge on issues related to creek and ocean water quality and was used to develop an education plan to guide outreach efforts. Follow-up surveys were conducted in 2008, 2013, and 2018, and results were used to refocus and help guide education and outreach efforts.
The City’s Storm Water Management Plan (SWMP) requires that the City implement outreach campaigns to educate the community. The SWMP also requires that the City conduct a public awareness survey once every five years to gauge the success of those efforts and measure public awareness of local water quality issues. This latest effort will fulfill the City’s SWMP five-year update requirement.
The 2023 proposed research project will include a dual-mode (telephone and web) survey of at least 600 residents of the City of Santa Barbara. The survey will be conducted in both English and Spanish and will include methodologies to ensure participation by Agenda Item No. 13
File Code No. 540.11
Council Agenda Report
Professional Services Agreement with FM3 Research for Creek and Ocean Water Quality Public Awareness Research [Agreement]
May 23, 2023
residents without landlines and those who have moved to the area but retained non-805 phone numbers. One pre- or post-survey focus group will help further explore effectiveness of Creeks Division messaging. The data collected will be analyzed and a report of the results and recommendations will be produced.
The Creeks Division issued a request for proposals in March 2023 and three proposals were received. FM3 Research was selected due to their comprehensive project proposal and experience in public opinion research and storm water/urban runoff water quality issues.
BUDGET/FINANCIAL INFORMATION:
The total cost to complete this project is $56,750. There are sufficient expenditure appropriations in the adopted Creeks Restoration and Water Quality Improvement Fund Budget to fund the contract.
SUSTAINABILITY IMPACT:
Reducing polluted urban runoff is critical for the protection of local creek and ocean water quality. An important goal of the Creeks Division’s public outreach effort is to educate residents about specific behaviors that can help to improve water quality. The public awareness research project will measure individuals’ awareness of creek restoration and water quality issues, the impact of outreach and media strategies used, and provide guidance for future outreach and education efforts.
A copy of the contract may be requested from the Sustainability & Resilience Department for public review by contacting [email protected].
PREPARED BY: Cameron Benson, Creeks Restoration/Clean Water Manager SUBMITTED BY: Alelia Parenteau, Sustainability & Resilience Director APPROVED BY: City Administrator’s Office
CITY OF SANTA BARBARA
COUNCIL AGENDA REPORT
AGENDA DATE: May 23, 2023
TO: Mayor and Councilmembers
FROM: Engineering Division, Public Works Department
SUBJECT: Agreements for Commissioning Services and Fire Protection Design for the Santa Barbara Police Station Project [Agreement] RECOMMENDATION: That Council:
A. Authorize the Public Works Director to execute a City Professional Services contract with 3C Engineering in the amount of $72,750 for Commissioning Agent services for the Santa Barbara Police Station Project and authorize the Public Works Director to approve expenditures of up to $7,275 for extra services of 3C Engineering that may result from necessary changes in the scope of work; and B. Authorize the Public Works Director to execute a City Professional Services contract with Great Plains Fire Specialists in the amount of $72,000 for fire protection design services for the Santa Barbara Police Station Project and authorize the Public Works Director to approve expenditures of up to $7,200 for extra services of Great Plains Fire Specialists that may result from necessary changes in the scope of work.
DISCUSSION:
Project Description
The Santa Barbara Police Station Project (Project) consists of a 65,000-square-foot office building and 86,000-square-foot parking structure to accommodate the Police Department, which currently functions out of four different locations. The consolidation of all divisions and locations into one building, along with fleet and personnel vehicles in a secure parking structure, will provide efficiency, cohesiveness, and a strong work environment in a safe, high-functioning building. Ensuring the building performs as designed will require testing and certification of the different systems that are planned.
Commissioning Services
The new Santa Barbara Police Station will be a highly technical and high-performance building that will rely on multiple systems to function properly, efficiently, and perform as designed. To ensure that all systems and functions of the building that require testing, Agenda Item No. 14
File Code No. 700.08
Council Agenda Report
Agreements for Commissioning Services and Fire Protection Design for the Santa Barbara Police Station Project [Agreement]
May 23, 2023
verification or certification are performing in accordance with specifications, a Commissioning Agent is hired to oversee and verify the process.
A Request for Proposal (RFP) process was conducted for commissioning services and included a thorough scope of work to ensure that all firms interested in this role would meet the high expectations required for the Project. Six firms responded to the RFP, and three were selected for interviews. Of the three firms interviewed, two were asked in follow-up discussions to refine their scope of work with particular attention to the building envelope testing. Both firms responded with revised proposals, and 3C Engineering was selected as the highest rated firm. 3C Engineering has performed well on previous and relevant projects regarding responsiveness, budget, and schedule, and received high praise from all references.
3C Engineering will oversee the testing to ensure the building is functioning and operating as designed prior to occupation by the Police Department. 3C Engineering will also ensure within the first ten months of using the building that all warranty items and systems meet expectations. 3C Engineering will begin work as design development nears completion and the construction documents begin, and their work will continue throughout the Project and into the first year of occupancy.
Staff recommends that Council authorize the Public Works Director to execute a contract with 3C Engineering in the amount of $72,750 for Commissioning Services and $7,275 for potential extra services. 3C Engineering is highly experienced in this type of work.
Fire Protection Design Services
Normally, design for fire protection for sprinklers and clean agent fire suppression is submitted following initial completion of the construction drawings. However, the design of the Project will have several intricate structural systems, one of which includes an aesthetic component. Cross Laminated Timber (CLT) is a lumber product that will be used throughout the building to provide the structural framework within the steel columns and beams. CLT benefits the Project through an aesthetic component by providing a wood finish with some walls and high ceilings. Because CLT is in the structure and the finish, all fire protection sprinklers and pipes in those areas will be exposed. As such, advance coordination of the fire protection design of fully developed construction drawings is important to keep the aesthetic integrity of each space. This action will ensure the piping and sprinklers will have the least visual impact possible while still meeting code requirements.
City staff initially released an RFP to hire a fire protection designer; however, no proposals were received. Through a strong recommendation from the Mechanical-ElectricalPlumbing Engineer for the Project, staff received a reasonably priced proposal to design the fire protection system. Great Plains Fire Specialists (GPFS) is highly qualified to perform this work.
Council Agenda Report
Agreements for Commissioning Services and Fire Protection Design for the Santa Barbara Police Station Project [Agreement]
May 23, 2023
The fire protection design will take place in the early development of the construction drawings. The installation of the fire protection system will be done by another contractor during construction.
Staff recommends that Council authorize the Public Works Director to execute a contract with GPFS in the amount of $72,000 for fire protection design services and $7,200 for potential extra services. GPFS are experienced in this type of work and were highly recommended and qualified.
BUDGET/FINANCIAL INFORMATION:
The costs for these two agreements were previously anticipated and there are sufficient expenditure appropriations in the Police Station Project in the Measure C Capital Fund Budget in Fiscal Year 2023 to fund the proposed agreements, including extra services.
SUSTAINABILITY IMPACT:
By approving the contract to hire 3C Engineering, the anticipated sustainable components of the design and the energy efficiency of the systems in the Project will be tested and confirmed to meet design criteria and specifications. 3C Engineering will provide additional oversight for the installation and testing of a photovoltaic array and renewable energy components, the efficiency setup of building-wide systems to ensure high performance as designed, and provide full documentation of all test results and certifications for the building.
A copy of the contracts may be requested from the Public Works Department for public review by contacting [email protected].
PREPARED BY: Brian D’Amour, P.E., City Engineer/BH/sk
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: May 23, 2023
TO: Mayor and Councilmembers
FROM: Planning Division, Community Development Department SUBJECT: Appeals of Planning Commission’s Approval of a Coastal Development Permit at 2315 Edgewater Way
RECOMMENDATION:
That Council continue the Appeals of the Planning Commission’s Approval of a Coastal Development Permit at 2315 Edgewater Way indefinitely.
DISCUSSION:
These appeals were originally scheduled for Council consideration on February 7, 2023.
However, on February 7, 2023, the property owner requested a continuance based on new information, including peer reviews of the applicant’s geotechnical report submitted by one of the the appellants, Mahesh Balakrishnan.
Council continued the item to April 25, 2023, to allow sufficient time for the applicant to respond to the new information. Staff did not receive a response from the applicant in time for that meeting, so the Council continued the item to May 23, 2023.
The applicant has requested an indefinite continuance to allow additional time to study the issues raised. Staff is supportive of that request.
PREPARED BY: Allison De Busk, Project Planner
SUBMITTED BY: Elias Isaacson, Community Development Director APPROVED BY: City Administrator’s Office
Agenda Item No. 15
File Code No. 640.07
CITY OF SANTA BARBARA
COUNCIL AGENDA REPORT
AGENDA DATE: May 23, 2023
TO: Mayor and Councilmembers
FROM: Housing and Human Services Division, Community Development Department
SUBJECT: Tax Equity And Fiscal Responsibility Act (TEFRA) Hearing for Sanctuary Centers Debt Issuance [Resolution; Agreement] RECOMMENDATION: That Council:
A. Conduct a TEFRA public hearing regarding the issuance by the California Enterprise Development Authority (“Authority”) of certain revenue obligations in an aggregate principal amount not to exceed $15,000,000 for the purpose of financing the acquisition, construction, installation, furnishing, and equipping of 34 supportive lowincome housing units and an integrated care clinic and certain other matters related thereto;
B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Approving Associate Membership by the City of Santa Barbara in the California Enterprise Development Authority and the Execution of an Associate Membership Agreement Relating to Associate Membership of the City in the Authority; and
C. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara approving the issuance by the California Enterprise Development Authority of Its Revenue Obligations for the Benefit of Sanctuary Centers of Santa Barbara, Inc., in an Aggregate Principal Amount Not to Exceed $15,000,000 for the Purpose of Financing the Acquisition, Construction, Installation, Furnishing, and Equipping of Thirty-Four Supportive Low-Income Housing Units and an Integrated Care Clinic and Certain Other Matters Relating Thereto.
Agenda Item No. 16
File Code No. 240.03
Council Agenda Report
Tax Equity And Fiscal Responsibility Act (TEFRA) Hearing for Sanctuary Centers Debt Issuance [Resolution; Agreement]
May 23, 2023
BACKGOUND:
California Enterprise Development Authority
The Authority is a joint powers authority established by the California Association for Local Economic Development (“CALED”) whose purpose is to issue tax-exempt and taxable conduit revenue Obligations to fund commercial and industrial development projects within member jurisdictions. Federal and state laws allow for cities and counties to join together under cooperative agreements to form joint powers authorities to issue taxexempt and taxable bonds to fund projects that provide a public benefit and serve the needs of residents within the jurisdictions of the participating members. Cities and counties in California utilize joint powers authorities primarily for economies of scale, to access specialized transaction knowledge and resources, and to avoid using valuable local staff time on these types of transactions.
The Authority is a joint powers authority created pursuant to a Joint Powers Agreement, dated June 1, 2006 (the “JPA Agreement”), among the cities of Selma, Lancaster, and Eureka. There are now approximately 250 cities and counties who are associate members of the Authority. The Authority’s activities are dedicated to providing economic development assistance to member jurisdictions as an extension of the economic development assistance provided by CALED to its members.
The JPA Agreement permits any other local agency in California to join the Authority as an “Associate Member.” The Authority has requested that the City of Santa Barbara become an Associate Member of the Authority (Attachment 3). Associate membership in the Authority will assist the City as well as for-profit and nonprofit organizations located within the City in financing industrial and commercial development projects and other public purpose projects within the City. Associate Members are not restricted or inhibited in any way with respect to their independent ability to finance any project in any manner they deem appropriate, which may or may not involve or include the Authority.
Sanctuary Centers of Santa Barbara, Inc.
Sanctuary Centers of Santa Barbara, Inc., a California nonprofit public benefit corporation (the “Corporation”), is committed to the vision of healthy, productive, independent lives for all who receive mental health care and treatment. Since 1976, the Corporation has served over 10,000 clients and their families. The Corporation is committed to the vision of healthy, productive, independent lives for all who receive mental health care and Council Agenda Report
Tax Equity And Fiscal Responsibility Act (TEFRA) Hearing for Sanctuary Centers Debt Issuance [Resolution; Agreement]
May 23, 2023
treatment from the Corporation. Responsive doctors and clinicians fully understand that each client will have unique goals and successes. As such, the Corporation’s primary objective is to work closely with its clients to create optimal, individualized treatment plans. The Corporation offers services ranging from inpatient, residential treatment to outpatient therapy and career development services.
DISCUSSION:
The Corporation has requested that the Authority issue bonds, notes, or other evidence of indebtedness (the “Obligations”), from time to time, in one or more series in an aggregate principal amount not to exceed $15,000,000 (the “Obligations”). The proceeds of the Obligations will be used, among other things, (a) to finance or reimburse the cost of acquisition, construction, installation, furnishing, and equipping of a five-story facility that will include 34 low-income supportive housing units, an integrated care clinic, and space for related activities and services located at 115 W. Anapamu Street, Santa Barbara, California 93101; (b) to pay a portion of the interest on the Obligations, if deemed necessary or advisable by the Corporation; (c) to provide working capital to the Corporation, if deemed necessary or advisable by the Corporation; (d) to fund a debt service reserve fund, if deemed necessary or advisable by the Corporation; and (e) to pay certain expenses incurred in connection with the issuance of the Obligations.
Staff recommends that the City Council adopt the resolution approving the City becoming an Associate Member of the Authority and the execution of the Associate Membership Agreement. Staff also recommends that the City Council adopt the resolution approving the issuance of Obligations by the Authority for the benefit of the Corporation.
BUDGET/FINANCIAL INFORMATION:
There is no financial impact to the City as a result of joining the Authority as an Associate Member or the approval of the issuance of the Obligations. The City is in no way associated with the debt issuance and is not obligated to make debt service payments on the Obligations. In addition, adopting resolutions in no way makes the City a party to the debt issuance. The Authority will act as issuer and perform all necessary legal and administrative responsibilities associated with the financing. The Obligations are special, limited obligations of the Authority payable solely through the repayment of the loan by the Corporation, which repayment is used to pay the principal of and interest on the Obligations. The Obligations issued by the Authority are not an obligation of the City or any member of the Authority. Neither the faith or credit, nor the taxing power of the City, Council Agenda Report
Tax Equity And Fiscal Responsibility Act (TEFRA) Hearing for Sanctuary Centers Debt Issuance [Resolution; Agreement]
May 23, 2023
any member of the Authority, the State, or any political subdivision is pledged to the repayment of the Obligations.
ATTACHMENT: Joint Powers Associate Membership Agreement with Authority PREPARED BY: Laura Dubbels, Housing and Human Services Manager SUBMITTED BY: Elias Isaacson, Community Development Director APPROVED BY: City Administrator’s Office
ATTACHMENT
Section 1.
Section 2.
Section 3.
Section 4.
Section 5.
RESOLUTION NO. _____
RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA BARBARA
APPROVING ASSOCIATE MEMBERSHIP BY THE CITY OF SANTA
BARBARA IN THE CALIFORNIA ENTERPRISE DEVELOPMENT
AUTHORITY AND THE EXECUTION OF AN ASSOCIATE MEMBERSHIP
AGREEMENT RELATING TO ASSOCIATE MEMBERSHIP OF THE CITY
IN THE AUTHORITY
WHEREAS, the City of Santa Barbara, California (the “City”), a California municipal corporation, is duly organized and existing under the Constitution and the laws of the State of California; and
WHEREAS, the City, upon authorization of the City Council (the “City Coucil”), may pursuant to Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California, commencing with Section 6500 (the “JPA Law”) enter into a joint exercise of powers agreement with one or more other public agencies pursuant to which such contracting parties may jointly exercise any power common to them; and WHEREAS, the Cities of Selma, Lancaster and Eureka have entered into a Joint Exercise of Powers Agreement, dated as of June 1, 2006 (the “Agreement”), establishing the California Enterprise Development Authority (the “Authority”) and prescribing its purposes and powers; and
WHEREAS, in furtherance of the City’s economic development efforts, the City desires to become an associate member of the Authority; and WHEREAS, under the JPA Law and the Agreement, the Authority is a public entity separate and apart from the parties to the Agreement and the debts, liabilities and obligations of the Authority will not be the debts, liabilities or obligations of the City or the other members of the Authority; and
WHEREAS, the form of associate membership agreement (the “Associate Membership Agreement”) between the City and the Authority has been filed with the City, and the members of the City Council, with the aid of the City’s staff, have reviewed the Associate Membership Agreement;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Santa Barbara, hereby finds, determines and declares as follows:
Section 1. Associate Membership in the Authority. The City Council hereby approves associate membership by the City in the Authority.
Section 2. Approval of Associate Membership Agreement. The City Council hereby approves the form of, and authorizes the Mayor, the City Administrator / Clerk / Treasurer or any designee of such officers, to execute the Associate Membership Agreement, in substantially the form on file with the City Administrator / Clerk / 2 Treasurer, together with any changes therein deemed advisable by the official signing the Associate Membership Agreement.
Section 3. Official Action. The Mayor, the City Administrator / Clerk / Treasurer and other officers and officials of the City, are hereby authorized and directed to take all actions and do all things necessary with respect to associate membership in the Authority including but not limited to the execution and delivery of any and all agreements, certificates, instruments and other documents which are necessary to effectuate the purposes of this resolution.
Section 4. Effective Date. This Resolution shall take effect upon its adoption by the City Council.
RESOLUTION NO.______
RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA BARBARA
APPROVING THE ISSUANCE BY THE CALIFORNIA ENTERPRISE
DEVELOPMENT AUTHORITY OF ITS REVENUE OBLIGATIONS FOR
THE BENEFIT OF SANCTUARY CENTERS OF SANTA BARBARA, INC., IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $15,000,000
FOR THE PURPOSE OF FINANCING THE ACQUISITION,
CONSTRUCTION, INSTALLATION, FURNISHING, AND EQUIPPING OF
THIRTY-FOUR SUPPORTIVE LOW-INCOME HOUSING UNITS AND AN
INTEGRATED CARE CLINIC AND CERTAIN OTHER MATTERS
RELATING THERETO
WHEREAS, Sanctuary Centers of Santa Barbara, Inc., a California nonprofit public benefit corporation (the “Borrower”), an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986 (the “Code”), has requested that the California Enterprise Development Authority (the “Authority”) issue, in one or more series, from time to time, pursuant to a plan of finance, its tax-exempt and/or taxable revenue obligations in an aggregate principal amount not to exceed $15,000,000 (the “Obligations”) for the benefit of the Borrower, pursuant to Chapter 5 of Division 7 of Title 1 of the Government Code of the State (commencing with Section 6500) (the “Act”) to finance, refinance and/or reimburse the cost of the acquisition, construction, installation, furnishing and equipping of lowincome housing and other facilities located at 115 West Anapamu Street, Santa Barbara, California 93101 (the “Project”); and
WHEREAS, a portion of the proceeds of the Obligations may be used to (a) pay a portion of the interest on the Obligations, if deemed necessary or advisable by the Corporation; (b) provide working capital to the Corporation, if deemed necessary or advisable by the Corporation; (c) fund a debt service reserve fund, if deemed necessary or advisable by the Corporation; and (d) pay certain expenses incurred in connection with the issuance of the Obligations; and
WHEREAS, the Borrower will own and operate the Project in connection with its mission to provide clients with powerful, comprehensive and transformative mental health care; and
WHEREAS, pursuant to Section 147(f) of the Internal Revenue Code of 1986 (the “Code”), the issuance of the Obligations by the Authority must be approved by an applicable legislative body having jurisdiction over the area in which all or a portion of the Project is located; and
WHEREAS, the Project is located within the territorial limits of the City of Santa Barbara, California (the “City”); and
WHEREAS, the City Council of the City (the “City Council”) is the elected legislative body of the City and is one of the “applicable elected representatives” allowed to approve the issuance of the Obligations under Section 147(f) of the Code; and WHEREAS, the Authority has requested that the City Council approve the issuance of the Obligations by the Authority in order to satisfy the public approval requirement of Section 147(f) of the Code; and
WHEREAS, pursuant to Section 147(f) of the Code, the City has, following notice duly given, held a public hearing regarding the issuance of the Obligations, and now desires to approve the issuance of the Obligations by the Authority; and WHEREAS, it is in the public interest and for the public benefit that the City Council approve the issuance of the Obligations by the Authority for the aforesaid purposes.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SANTA BARBARA THAT:
Section 1. On information and belief, the foregoing recitals are true and correct.
Section 2. The City Council hereby approves the issuance, in one or more series, from time to time, pursuant to a plan of finance, of tax-exempt and/or taxable Obligations by the Authority in an amount not to exceed $15,000,000 for financing, refinancing and/or reimbursing the Borrower for the costs of the Project. It is the purpose and intent of the City Council that this resolution constitutes approval of the issuance of the Obligations by the Authority for the purposes of Section 147(f) of the Code by an applicable elected representative of the governmental unit having jurisdiction over the area in which the Project is located, in accordance with said Section 147(f). This resolution shall also constitute the approval of the issuance of the Obligations by the Authority within the meaning of the Act.
Section 3. The issuance of the Obligations shall be subject to the approval of the Authority of all financing documents relating thereto to which the Authority is a party. The City shall have no responsibility or liability whatsoever with respect to the Obligations.
Section 4. The adoption of this Resolution shall not obligate the City or any department thereof to (i) provide any financing with respect to the Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary with respect to the Project; (iii) make any contribution or advance any funds whatsoever to the Authority or the Borrower; or (iv) take any further action with respect to the Authority or its membership therein.
Section 5. The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this resolution and the financing transaction approved hereby.
Section 6. This resolution shall take effect immediately upon its adoption.
CITY OF SANTA BARBARA
COUNCIL AGENDA REPORT
AGENDA DATE: May 23, 2023
TO: Mayor and Councilmembers
FROM: Downtown Team Division, Public Works Department
SUBJECT: Appeal of the Suspension of Authorization to Operate and Maintain an Outdoor Business Facility at Taza Restaurant at 413 State Street RECOMMENDATION:
That Council consider Hitesh Ambalal and RDynamics Consulting, LLC’s appeal of the City Administrator’s suspension of the authorization to operate and maintain an Outdoor Business Facility at Taza Restaurant, located at 413 State Street.
DISCUSSION:
Enforcement History ADA Appeals
Taza Restaurant
Action Date Compliance Deadline
First Inspection November 30, 2022 -
Notice of Violation Issued November 30, 2022 December 30, 2022 Second Inspection January 19, 2023 -
Administrative Citation Issued January 31, 2023 February 14, 2023 Third Inspection February 23, 2023 -
Administrative Citation Issued March 13, 2023 March 29, 2023 Final Inspection April 7, 2023 -
Removal Notice Issued April 17, 2023 April 24, 2023
On May 27, 2020, City Council adopted Emergency Economic Recovery Ordinance No. 5944 (EERO), authorizing food service businesses to establish temporary outdoor dining areas (parklets) in the public right-of-way. Ordinance No. 5944 was amended and extended as Ordinance Nos. 5963 and 5993, before being replaced by Economic Recovery Extension and Transition Ordinance No. 6055 (ERETO). Following adoption of the EERO, Taza Restaurant constructed a facility in the roadway in front of 413 State Street, which continues to operate under the ERETO.
The EERO specified for all parklets, “Access required under the Americans with Disabilities Act shall be maintained at all times.” The ERETO continues to mandate Agenda Item No. 17
File Code No. 530.04
Council Agenda Report
Appeal of the Suspension of Authorization to Operate and Maintain an Outdoor Business Facility at Taza Restaurant at 413 State Street
May 23, 2023
accessibility by requiring businesses to adhere to the City of Santa Barbara Requirements for Operating a Business on the State Street Promenade (Business Guidelines) as established by the City Administrator. The Business Guidelines state, “It is the responsibility of each restaurant operator to provide outdoor dining in full compliance with the Americans with Disabilities Act (ADA) and the California Building Code (CBC),” and provide detailed specifications for accessible ramps, seating, and maneuvering space.
Beginning in late 2022, City of Santa Barbara (City) staff began a focused effort to enforce accessibility requirements in parklets. City staff worked with contracted Certified Access Specialists (CASps) to inspect parklets and issue correction notices. Enforcement actions were undertaken as needed, according to Santa Barbara Municipal Code Chapters 1.25 and 1.28.
Enforcement History
The subject property was initially inspected for ADA compliance on November 30, 2022, at 3:03 p.m. City staff and CASps from M6 Consulting performed the inspection. At this inspection, the team observed a gap at the transition greater than half an inch, and an accessible table was not provided within the facility. The inspection team explained the violations and compliance requirements to an employee of the business. A Notice of Violation (NOV) was issued and acknowledged by an employee at the completion of the inspection. The NOV described the violations; gave a correction deadline of December 30, 2022; and included a copy of the Business Guidelines. Please see Attachment 2 for a copy of the NOV.
The CASps re-inspected the facility on January 19, 2023, and observed the gap at the transition had been resolved, but an accessible table was still not provided in the facility.
On January 31, 2023, City staff issued a Notice of Administrative Citation (NOAC) to the business describing the violation, including photographs of the violation, a copy of the NOV and the Business Guidelines, and gave a compliance deadline of February 14, 2023.
The NOAC was hand delivered to the business on January 31, 2023, and an attempt was made to mail a copy via certified mail to the agent of record. Per certified mail tracking, delivery confirmation is unavailable. The hand-delivered notice served as official notice of the continuing non-compliance and correction deadline. Please see Attachment 4 for a copy of the second NOAC and delivery status.
The CASps inspected the facility for a third time on February 23, 2023, and observed an accessible table was still not provided in the Outdoor Business Facility. On March 13, 2023, City staff issued a second NOAC to the business describing the violation and included photographs of the non-compliant tables, a copy of the original NOV, and another copy of the Business Guidelines. The second notice gave a final compliance deadline of March 29, 2023. The second NOAC was hand delivered to the business and mailed via certified mail to the agent of record. Per the certified mail proof of delivery, the notice was delivered and signed for on March 13, 2023. Please see Attachment 4 for a copy of the second NOAC and proof of delivery.
Council Agenda Report
Appeal of the Suspension of Authorization to Operate and Maintain an Outdoor Business Facility at Taza Restaurant at 413 State Street
May 23, 2023
Following the second NOAC, the CASps inspected the facility a final time on April 7, 2023, and again, observed no accessible table provided in the facility.
Per Section 7 of the ERETO, “The authorization [to operate a temporary outdoor business facility] shall be suspended for any business that is subject to more than two enforcement actions.” On April 17, 2023, City staff confirmed the violation had still not been corrected and issued a Suspension Notice Removal Order (Attachment 5) with a removal date of April 24, 2023, as authorized by Section 7 of the ERETO. The Suspension Notice Removal Order was hand delivered to the business and a Removal Notice was posted on the facility. Please see Attachment 6 for a copy of the Removal Notice posted at the business.
Taza Restaurant failed to construct their Outdoor Business Facility to ADA and CBC accessibility standards. When notified of their violation and given three opportunities to bring the facility into compliance, they failed to do so in a timely manner. Taza Restaurant has exhausted their opportunities to resolve accessibility violations in their facility.
Please see Attachment 1 for the appellant’s letter of appeal and statement.
BUDGET/FINANCIAL INFORMATION:
The proposed action has no financial impact on the City.
ATTACHMENT(S): 1) Taza Restaurant Letter of Appeal
2) Copy of Notice of Violation
3) Copy of First Administrative Citation
4) Copy of Second Administrative Citation
5) Copy of Suspension Notice Removal Order
6) Copy of Removal Order Notice
PREPARED BY: Sarah Clark, Acting Downtown Team Manager/MS/nv SUBMITTED BY: Clifford M. Maurer, P.E., Public Works Director APPROVED BY: City Administrator’s Office
413 State Street – Taza
January 31, 2023
DESCRIPTION OF ORDINANCE VIOLATION(S):
The City re-inspected the subject property on January 19, 2023. City staff observed no progress to address the previous violations listed below:
Insufficient accessible seating. At least 5% of seating spaces must be accessible.
REMEDY OF ORDINANCE VIOLATION(S):
To remedy this issue, you must resolve the violation(s) as described above and in the Correction Notice prior to February 14, 2023. A copy of the Notice of Violation/Correction Notice is also attached.
To avoid paying another Administrative Fine pursuant to Santa Barbara Municipal Code Chapter 1.25, you must resolve the violations listed on this Notice of Administrative Citation prior to the abatement date stated above and advise the City that you have done so. If the violations are not corrected by the abatement date, you will be subject to additional administrative citations.
Administrative Citation amounts are calculated as follows:
First Offense, 1st Citation: $100 per violation
Second Offense within a 12-month period: $200 per day, per violation Third Offense within a 12-month period: $250 per day, per violation Each day the violation persists constitutes a separate violation. Payment of an Administrative Fine does not excuse the responsible party from correcting the Ordinance violation(s).
The City of Santa Barbara may use one or more of these remedies, in addition to the Administrative Citation, to gain compliance:
1. File a civil complaint in Superior Court seeking an injunction and penalties of $250 per day;
2. File a criminal complaint in Superior Court alleging misdemeanor violations of the City of Santa Barbara Ordinance; or
3. Suspend authorization to operate a temporary business facility in the public rightof-way. 413 State Street – Taza
January 31, 2023
OPPORTUNITY FOR APPEAL
You have the right to appeal the imposition of this fine by filing a written appeal with the City Hearing Administrator through the Citation Processing Center as outlined below.
Appeals are deemed filed when the City receives a signed letter of appeal. To be timely, the Citation Processing Center must receive an appeal request within 10 days of the date of this Notice of Administrative Citation. Please note you may only contest the Notice of Administrative Citation for the following reasons:
1. Denying that a violation occurred;
2. Denying that the violation was not corrected within the required correction period; or,
3. Establishing that you are not the owner of the real property or the owner of the business at the time the violation should have been corrected.
PAYMENTS AND APPEALS
You will receive a bill from the citation processing center which must be paid within 30 days of the date of receiving the bill.
To pay or appeal this citation, please see the information below:
Website for payments/appeals: www.CitationProcessingCenter.com Phone number: 800-969-6158
Box
7275, Newport Beach, CA. 92658-7275.
The violation(s) identified in this notice constitute a public nuisance and the City can enforce collection of unpaid administrative fines as a lien or special assessment on the subject real property. A City department may also refuse to accept an application for a City permit or license, or refuse to issue, extend, or renew to any person, who has unpaid delinquent fines, liens, or assessments, any City permit, license, or other City approval pertaining to the real property which is the subject of this Notice of Administrative Citation and an unpaid administrative fine.
This Notice shall satisfy the notice requirements of Government Code Sections 38773.1 and 38773.5 when a Notice of Administrative Citation is served on the person. In addition, the Public Works Director shall send notice by First-Class Mail to each property owner at least 10 days before the City Council considers the resolution to certify the amounts of the liens and special assessments, stating the date, time, and location of the meeting. The lien or special assessment shall be imposed on the date the Notice of Administrative Citation for the Ordinance violation is issued to the responsible person and will go into effect shall become effective upon the recording of a Notice of Lien or Special Assessment by the County Recorder. 413 State Street – Taza
January 31, 2023
Subsequent violations of the Ordinance within 12 months of the date of this Notice of Administrative Citation will result in the imposition of another Administrative Citation Fine without further warnings from this office. Fines for a Second Offense within 12 months are $200.00 per day, per violation. Fines for a Third Offense within 12 months are $250.00 per day, per violation, and is referred to the City Attorney’s Office with no further warning letters. Payment of an Administrative Fine does not excuse the responsible party from correcting the Ordinance violation(s).
In addition, under Section 7.C of Ordinance No. 6055, the City may suspend your ability to maintain and operate an outdoor business facility for any business subject to more than two enforcement actions. If the City suspends your authorization to operate a temporary business facility in the public right-of-way, your business facility must be removed from the right-of-way.
If you wish to discuss this issue further or have any questions, please email me at [email protected] or call (805) 564-5470 x4610 between 8:30 a.m. and 4:30 p.m., Monday through Thursday, and every other Friday. Your cooperation is solicited in the abatement of this violation.
Si usted tiene preguntas respecto a la notificación y prefiere hablar con alguien en español, por favor llame la línea de investigaciones al (805) 897-2676. Deje su número de teléfono, la dirección del domicilió respecto a la notificación, el número ENF en la notificación, y un mensaje corto.
Sincerely,
Meghan Salas
Parking Programs Supervisor
Attachments:
1. Image(s) of follow-up inspection on January 19, 2023.
2. Correction Notice from November 30, 2022.
3. City of Santa Barbara’s Requirements for Operating a Business on the Temporary State Street Promenade.
413 State Street – Taza
January 31, 2023
Attachment 1: Image(s) of follow-up inspection on January 19, 2023 Insufficient accessible seating. At least 5% of seating spaces must be accessible. 413 State Street – Taza
January 31, 2023
Attachment 2: Image(s) of follow-up inspection on January 19, 2023 Insufficient accessible seating. At least 5% of seating spaces must be accessible.
City of Santa Barbara
REQUIREMENTS FOR OPERATING A BUSINESS ON
THE TEMPORARY STATE STREET PROMENADE
City of Santa Barbara
PUBLIC WORKS DEPARTMENT
DOWNTOWN PARKING
City of Santa Barbara
PUBLIC WORKS DEPARTMENT DOWNTOWN PARKING
City of Santa Barbara
REQUIREMENTS FOR OPERATING A BUSINESS ON
THE TEMPORARY STATE STREET PROMENADE
The City of Santa Barbara welcomes businesses operating on the 400 through 1300 blocks of State Street to temporarily expand operations into the street to facilitate economic recovery in the wake of the COVID-19 pandemic. Any business wishing to operate an outdoor business facility in the State Street Promenade must adhere to these requirements, as authorized by Ordinance No. 6055 (ERETO).
Any violation of these requirements is subject to enforcement action under Ordinance No.
The City of Santa Barbara
reserves the right to remove any materials placed in the right-of-way at its sole discretion.
The City is not responsible for loss or damage to outdoor business facilities placed in the public right-of-way.
Business Contact: For questions and additional guidance, email .
City of Santa Barbara
PUBLIC WORKS DEPARTMENT DOWNTOWN PARKING
City of Santa Barbara
REQUIREMENTS FOR OPERATING A BUSINESS ON THE TEMPORARY STATE STREET PROMENADE By placing facilities, equipment, and furnishings in the public right-of-way under the ERETO, from and against any liability arising from the existence, use, or condition of the facilities, equipment, or furnishings. All persons and businesses that establish outdoor business
Business operations in the public right-of-way, including customer seating, umbrellas, lighting, heaters, signs, and other displays are prohibited on the sidewalk except as permitted for Outdoor business facilities must not obstruct access to public utilities. street trees, or any other City property. Outdoor business facilities and accessory facilities may not be attached to or hung from light poles, sign posts, or street trees.
City of Santa Barbara
PUBLIC WORKS DEPARTMENT DOWNTOWN PARKING
City of Santa Barbara
REQUIREMENTS FOR OPERATING A BUSINESS ON THE TEMPORARY STATE STREET PROMENADE . The requirements listed below were developed as part of the overall State Street requirements to assist restaurant operators with meeting these requirements.
Nothing contained herein shall replace or diminish any of the requirements under the ADA or City of Santa Barbara
PUBLIC WORKS DEPARTMENT DOWNTOWN PARKING
City of Santa Barbara
REQUIREMENTS FOR OPERATING A BUSINESS ON THE TEMPORARY STATE STREET PROMENADE Ramps must comply with California Building Code Chapter 11B, summarized as follows:
Ramps must be at least 4 feet wide.
8.3% (1:12) maximum running slope (parallel to the direction of travel). If slope is greater than 5%, handrails must be provided on both sides of the ramp.
2% maximum cross slope (perpendicular to the direction of travel). by 4 feet.
Accessible, unobstructed path of travel from the sidewalk pedestrian path to the ramp.
Edge protection is required on each side of the ramp. A curb or barrier that prevents the passage of a 4-inch diameter sphere must be provided along both edges of the ramp. To prevent wheel entrapment, the edge protection must provide a continuous, uninterrupted barrier along the edge of the ramp.
Ramp must not have abrupt vertical edges (“lips”) or variations over ½ inch in height. Edges or changes in height between ¼ and ½ inch must be beveled to provide a smooth transition.
City of Santa Barbara
PUBLIC WORKS DEPARTMENT DOWNTOWN PARKING
City of Santa Barbara
REQUIREMENTS FOR OPERATING A BUSINESS ON THE TEMPORARY STATE STREET PROMENADE must be a minimum of 80 inches. If clearance is less than 80 inches, guards or handrails are required.
For beverage and dining establishments,
Accessible spaces must meet the following requirements:
The table or counter surface must
be between 28 and 34 inches high.
the bottom of the table or counter
must be at least 27 inches high.
Knee clearance must extend at
least 19 inches under the table
or counter. Knee clearance is
measured from the edge of the
table or counter to the outside edge
of any obstruction under the table
or counter, including table legs and
bases. Pedestal-style tables are not
accessible.
Table or counter legs, bases, or
supports must be at least 30 inches
apart, as measured from the
narrowest point.
Each seat must have at least 30
area and must be at least 4 feet
from the nearest obstruction.
The International Symbol of
Accessibility must be displayed at
the table(s).
An accessible path of travel at least
44 inches wide must be maintained
to the accessible table(s).
Accessible dining tables and
surfaces must be dispersed
throughout the space.
City of Santa Barbara
PUBLIC WORKS DEPARTMENT DOWNTOWN PARKING
City of Santa Barbara
REQUIREMENTS FOR OPERATING A BUSINESS ON THE TEMPORARY STATE STREET PROMENADE December 1, 2022.
To accommodate drainage and storm water, all outdoor business facilities must provide continuous, unobstructed clear space equal to the height of the curb and width of the gutter apron , at a minimum. The entire length of this space must be accessible for cleaning. Outdoor business facilities without platforms and operating on State Street shall not place or store their furnishings in or on the gutter apron.
. On-street business facilities constructed and operating prior to September 20, 2022 must implement the design requirements in this section by February 1, 2023. Existing facilities are not required to implement design standards that apply only to new facilities, as indicated in this section.
Some design requirements apply only to “ ” business facilities. A “ ” business facility is an on-street business facility that was not fully constructed, placed, and operational as of September 20, 2022. Facilities that are re-built following suspension of on-street operations privileges due to code or ordinance violations are considered . outdoor business facilities must be in compliance with all design requirements before City of Santa Barbara
PUBLIC WORKS DEPARTMENT DOWNTOWN PARKING
City of Santa Barbara
REQUIREMENTS FOR OPERATING A BUSINESS ON THE TEMPORARY STATE STREET PROMENADE they begin operations.
On-street business facilities that were constructed and operational in the State Street Promenade, including the 400 and 1300 blocks of State Street, as of September 20, 2022 are A business that removes its on-street facility but replaces it prior to June 1, 2023, may retain its “existing” status, provided the business does not change during that period.
All outdoor business facilities with platforms, including those operating prior to September 20, 2022, must be designed and constructed so that the area under the platform is fully accessible for cleaning.
on-street business facilities must be portable. A “portable” facility is a facility that can equipment. Portable facilities should be secured as needed for safety.
For on-street business facilities:
Enclosures and railings are limited to a maximum height of 48 inches.
Curtains, walls, or enclosures of any type are prohibited above 48 inches.
Enclosures and barriers must incorporate space between railings to provide visibility to the architecture from the street.
Solid enclosure materials are prohibited.
Turf grass, faux lawn materials, and carpet are prohibited in all outdoor business facilities.
City of Santa Barbara
PUBLIC WORKS DEPARTMENT DOWNTOWN PARKING
City of Santa Barbara
REQUIREMENTS FOR OPERATING A BUSINESS ON THE TEMPORARY STATE STREET PROMENADE Outdoor business facilities may incorporate posts at the perimeter to support string lighting.
Posts are limited to maximum height of 10 feet as measured from the ground or the surface of a platform, as applicable.
For
canopies, tents, and any other overhead elements are prohibited. Umbrellas are permitted, but must be contained entirely within the business facility and may not extend into the 20-foot access lane.
The following requirements shall apply to the use of roofs, tents, canopies, or any form of overhead shade structures (herein referred to as “overhead elements”) in outdoor business facilities. These requirements must be adhered to any time an overhead element is in use.
The operation of temporary outdoor business facilities under tents and other membrane structures is subject to the requirements of the California Code of Regulations, Title 19, Division 1; and Chapters 3 and 31 of the California Fire Code.
All tents, canopies, and overhead elements are subject to Fire Department inspection.
Tents, canopies, and overhead elements require a Fire Department permit if they exceed 700 square feet (call 805-965-5254 for permit information). resistant, regardless of whether a permit is needed.
Tents, canopies, and other overhead elements must be adequately roped, braced, and anchored to withstand the elements and avoid collapsing.
All tent supports or legs must be weighted with a minimum of 40 pounds.
Ropes and straps must be high-quality. Bungee or rubber straps are prohibited.
Weights must be on the ground and not dangling.
Weights and lines must be clearly visible and must not pose a hazard.
For maximum safety, tents should be secured as soon as they are put up, and taken down as soon as the weight is removed. Do not leave tents unsecured at any time.
City of Santa Barbara
PUBLIC WORKS DEPARTMENT DOWNTOWN PARKING
City of Santa Barbara
REQUIREMENTS FOR OPERATING A BUSINESS ON THE TEMPORARY STATE STREET PROMENADE Staking of tents is prohibited in the public right-of-way.
Tethering or securing tents, canopies, or overhead elements to trees is prohibited.
A facility with a tent, canopy, or overhead element is required to have two means of egress if the occupant load exceeds 10.
Seating arrangements are subject to Chapter 10 of the Fire and Building Codes.
Smoking is prohibited under tents, canopies, and overhead elements at all times.
Plastic and vinyl patio furniture is prohibited. White furniture is prohibited.
All lighting must be powered by City pedestals or portable electric power sources (supplied by the business). Gas and diesel generators are prohibited. For access to City power pedestals, please contact Mark Nunez at .
trees.
The following types of lighting
are prohibited:
Neon
Flashing lights
Spotlights
Screens and televisions may not be mounted on the exterior of buildings. Projection onto the exterior of buildings is prohibited.
Visible advertising, logos, banners, and promotional materials are prohibited in, on and around all outdoor business facilities. Umbrellas may not have lettering or logos.
A-frames, sandwich boards, and all other free-standing signs are prohibited on sidewalks and in the street.
City of Santa Barbara
PUBLIC WORKS DEPARTMENT DOWNTOWN PARKING
City of Santa Barbara
REQUIREMENTS FOR OPERATING A BUSINESS ON THE TEMPORARY STATE STREET PROMENADE Platforms, barriers, and other enclosure materials must be stained, painted, or colored one of the following approved colors:
(Iron colors only)
White furniture is prohibited.
Portable heaters are permitted, however, please ensure proper clearance to trees, awnings, trip hazards.
requires Fire Department approval.
All heaters are subject to Fire Department inspection.
Gas heaters must adhere to the California Mechanical Code. within 10 feet of the facility exit.
the pipe shall not be installed within 12 inches of the tent fabric.
Electrical heaters shall be installed pursuant to the California Electrical Code.
Clearance from any ignition source to any combustible material must be maintained in an approved manner.
combustible surface.
Candles may only be used in approved and stable candle holders on individual tables in dining establishments. Under no circumstances shall hand-held candles be permitted.
Outdoor cooking is prohibited.
In the event strict compliance is not achievable, alternate but equally City of Santa Barbara
PUBLIC WORKS DEPARTMENT DOWNTOWN PARKING
City of Santa Barbara
REQUIREMENTS FOR OPERATING A BUSINESS ON THE TEMPORARY STATE STREET PROMENADE Code.
Santa Barbara is a Smoke-Free City. Smoking is prohibited in outdoor business facilities at all times.
Outdoor business facilities must be removed from the right-of-way immediately upon permanent closure of the associated business. Any outdoor business facility constructed or placed by subsequent tenants is considered
Outdoor business facilities must remain in good repair and regular use.
Outdoor business facilities that are not used at least three days per week Outdoor business facilities that remain unused for 14 consecutive days are considered abandoned and must be removed at the business or property Businesses are responsible for cleaning their outdoor business facilities and keeping them in good condition. Trash, dirt, and debris must be removed trash receptacle (not public trash cans). Sweeping or blowing trash or debris into the street, sidewalks, or planters is prohibited.
City of Santa Barbara
REQUIREMENTS FOR OPERATING A BUSINESS ON
THE TEMPORARY STATE STREET PROMENADE
City of Santa Barbara
PUBLIC WORKS DEPARTMENT
DOWNTOWN PARKING
City of Santa Barbara
PUBLIC WORKS DEPARTMENT DOWNTOWN PARKING
City of Santa Barbara
REQUIREMENTS FOR OPERATING A BUSINESS ON
THE TEMPORARY STATE STREET PROMENADE
The City of Santa Barbara welcomes businesses operating on the 400 through 1300 blocks of State Street to temporarily expand operations into the street to facilitate economic recovery in the wake of the COVID-19 pandemic. Any business wishing to operate an outdoor business facility in the State Street Promenade must adhere to these requirements, as authorized by Ordinance No. 6055 (ERETO).
Any violation of these requirements is subject to enforcement action under Ordinance No.
The City of Santa Barbara
reserves the right to remove any materials placed in the right-of-way at its sole discretion.
The City is not responsible for loss or damage to outdoor business facilities placed in the public right-of-way.
Business Contact: For questions and additional guidance, email .
City of Santa Barbara
PUBLIC WORKS DEPARTMENT DOWNTOWN PARKING
City of Santa Barbara
REQUIREMENTS FOR OPERATING A BUSINESS ON THE TEMPORARY STATE STREET PROMENADE By placing facilities, equipment, and furnishings in the public right-of-way under the ERETO, from and against any liability arising from the existence, use, or condition of the facilities, equipment, or furnishings. All persons and businesses that establish outdoor business
Business operations in the public right-of-way, including customer seating, umbrellas, lighting, heaters, signs, and other displays are prohibited on the sidewalk except as permitted for Outdoor business facilities must not obstruct access to public utilities. street trees, or any other City property. Outdoor business facilities and accessory facilities may not be attached to or hung from light poles, sign posts, or street trees.
City of Santa Barbara
PUBLIC WORKS DEPARTMENT DOWNTOWN PARKING
City of Santa Barbara
REQUIREMENTS FOR OPERATING A BUSINESS ON THE TEMPORARY STATE STREET PROMENADE . The requirements listed below were developed as part of the overall State Street requirements to assist restaurant operators with meeting these requirements.
Nothing contained herein shall replace or diminish any of the requirements under the ADA or City of Santa Barbara
PUBLIC WORKS DEPARTMENT DOWNTOWN PARKING
City of Santa Barbara
REQUIREMENTS FOR OPERATING A BUSINESS ON THE TEMPORARY STATE STREET PROMENADE Ramps must comply with California Building Code Chapter 11B, summarized as follows:
Ramps must be at least 4 feet wide.
8.3% (1:12) maximum running slope (parallel to the direction of travel). If slope is greater than 5%, handrails must be provided on both sides of the ramp.
2% maximum cross slope (perpendicular to the direction of travel). by 4 feet.
Accessible, unobstructed path of travel from the sidewalk pedestrian path to the ramp.
Edge protection is required on each side of the ramp. A curb or barrier that prevents the passage of a 4-inch diameter sphere must be provided along both edges of the ramp. To prevent wheel entrapment, the edge protection must provide a continuous, uninterrupted barrier along the edge of the ramp.
Ramp must not have abrupt vertical edges (“lips”) or variations over ½ inch in height. Edges or changes in height between ¼ and ½ inch must be beveled to provide a smooth transition.
City of Santa Barbara
PUBLIC WORKS DEPARTMENT DOWNTOWN PARKING
City of Santa Barbara
REQUIREMENTS FOR OPERATING A BUSINESS ON THE TEMPORARY STATE STREET PROMENADE must be a minimum of 80 inches. If clearance is less than 80 inches, guards or handrails are required.
For beverage and dining establishments,
Accessible spaces must meet the following requirements:
The table or counter surface must
be between 28 and 34 inches high.
the bottom of the table or counter
must be at least 27 inches high.
Knee clearance must extend at
least 19 inches under the table
or counter. Knee clearance is
measured from the edge of the
table or counter to the outside edge
of any obstruction under the table
or counter, including table legs and
bases. Pedestal-style tables are not
accessible.
Table or counter legs, bases, or
supports must be at least 30 inches
apart, as measured from the
narrowest point.
Each seat must have at least 30
area and must be at least 4 feet
from the nearest obstruction.
The International Symbol of
Accessibility must be displayed at
the table(s).
An accessible path of travel at least
44 inches wide must be maintained
to the accessible table(s).
Accessible dining tables and
surfaces must be dispersed
throughout the space.
City of Santa Barbara
PUBLIC WORKS DEPARTMENT DOWNTOWN PARKING
City of Santa Barbara
REQUIREMENTS FOR OPERATING A BUSINESS ON THE TEMPORARY STATE STREET PROMENADE December 1, 2022.
To accommodate drainage and storm water, all outdoor business facilities must provide continuous, unobstructed clear space equal to the height of the curb and width of the gutter apron , at a minimum. The entire length of this space must be accessible for cleaning. Outdoor business facilities without platforms and operating on State Street shall not place or store their furnishings in or on the gutter apron.
. On-street business facilities constructed and operating prior to September 20, 2022 must implement the design requirements in this section by February 1, 2023. Existing facilities are not required to implement design standards that apply only to new facilities, as indicated in this section.
Some design requirements apply only to “ ” business facilities. A “ ” business facility is an on-street business facility that was not fully constructed, placed, and operational as of September 20, 2022. Facilities that are re-built following suspension of on-street operations privileges due to code or ordinance violations are considered . outdoor business facilities must be in compliance with all design requirements before City of Santa Barbara
PUBLIC WORKS DEPARTMENT DOWNTOWN PARKING
City of Santa Barbara
REQUIREMENTS FOR OPERATING A BUSINESS ON THE TEMPORARY STATE STREET PROMENADE they begin operations.
On-street business facilities that were constructed and operational in the State Street Promenade, including the 400 and 1300 blocks of State Street, as of September 20, 2022 are A business that removes its on-street facility but replaces it prior to June 1, 2023, may retain its “existing” status, provided the business does not change during that period.
All outdoor business facilities with platforms, including those operating prior to September 20, 2022, must be designed and constructed so that the area under the platform is fully accessible for cleaning.
on-street business facilities must be portable. A “portable” facility is a facility that can equipment. Portable facilities should be secured as needed for safety.
For on-street business facilities:
Enclosures and railings are limited to a maximum height of 48 inches.
Curtains, walls, or enclosures of any type are prohibited above 48 inches.
Enclosures and barriers must incorporate space between railings to provide visibility to the architecture from the street.
Solid enclosure materials are prohibited.
Turf grass, faux lawn materials, and carpet are prohibited in all outdoor business facilities.
City of Santa Barbara
PUBLIC WORKS DEPARTMENT DOWNTOWN PARKING
City of Santa Barbara
REQUIREMENTS FOR OPERATING A BUSINESS ON THE TEMPORARY STATE STREET PROMENADE Outdoor business facilities may incorporate posts at the perimeter to support string lighting.
Posts are limited to maximum height of 10 feet as measured from the ground or the surface of a platform, as applicable.
For
canopies, tents, and any other overhead elements are prohibited. Umbrellas are permitted, but must be contained entirely within the business facility and may not extend into the 20-foot access lane.
The following requirements shall apply to the use of roofs, tents, canopies, or any form of overhead shade structures (herein referred to as “overhead elements”) in outdoor business facilities. These requirements must be adhered to any time an overhead element is in use.
The operation of temporary outdoor business facilities under tents and other membrane structures is subject to the requirements of the California Code of Regulations, Title 19, Division 1; and Chapters 3 and 31 of the California Fire Code.
All tents, canopies, and overhead elements are subject to Fire Department inspection.
Tents, canopies, and overhead elements require a Fire Department permit if they exceed 700 square feet (call 805-965-5254 for permit information). resistant, regardless of whether a permit is needed.
Tents, canopies, and other overhead elements must be adequately roped, braced, and anchored to withstand the elements and avoid collapsing.
All tent supports or legs must be weighted with a minimum of 40 pounds.
Ropes and straps must be high-quality. Bungee or rubber straps are prohibited.
Weights must be on the ground and not dangling.
Weights and lines must be clearly visible and must not pose a hazard.
For maximum safety, tents should be secured as soon as they are put up, and taken down as soon as the weight is removed. Do not leave tents unsecured at any time.
City of Santa Barbara
PUBLIC WORKS DEPARTMENT DOWNTOWN PARKING
City of Santa Barbara
REQUIREMENTS FOR OPERATING A BUSINESS ON THE TEMPORARY STATE STREET PROMENADE Staking of tents is prohibited in the public right-of-way.
Tethering or securing tents, canopies, or overhead elements to trees is prohibited.
A facility with a tent, canopy, or overhead element is required to have two means of egress if the occupant load exceeds 10.
Seating arrangements are subject to Chapter 10 of the Fire and Building Codes.
Smoking is prohibited under tents, canopies, and overhead elements at all times.
Plastic and vinyl patio furniture is prohibited. White furniture is prohibited.
All lighting must be powered by City pedestals or portable electric power sources (supplied by the business). Gas and diesel generators are prohibited. For access to City power pedestals, please contact Mark Nunez at .
trees.
The following types of lighting
are prohibited:
Neon
Flashing lights
Spotlights
Screens and televisions may not be mounted on the exterior of buildings. Projection onto the exterior of buildings is prohibited.
Visible advertising, logos, banners, and promotional materials are prohibited in, on and around all outdoor business facilities. Umbrellas may not have lettering or logos.
A-frames, sandwich boards, and all other free-standing signs are prohibited on sidewalks and in the street.
City of Santa Barbara
PUBLIC WORKS DEPARTMENT DOWNTOWN PARKING
City of Santa Barbara
REQUIREMENTS FOR OPERATING A BUSINESS ON THE TEMPORARY STATE STREET PROMENADE Platforms, barriers, and other enclosure materials must be stained, painted, or colored one of the following approved colors:
(Iron colors only)
White furniture is prohibited.
Portable heaters are permitted, however, please ensure proper clearance to trees, awnings, trip hazards.
requires Fire Department approval.
All heaters are subject to Fire Department inspection.
Gas heaters must adhere to the California Mechanical Code. within 10 feet of the facility exit.
the pipe shall not be installed within 12 inches of the tent fabric.
Electrical heaters shall be installed pursuant to the California Electrical Code.
Clearance from any ignition source to any combustible material must be maintained in an approved manner.
combustible surface.
Candles may only be used in approved and stable candle holders on individual tables in dining establishments. Under no circumstances shall hand-held candles be permitted.
Outdoor cooking is prohibited.
In the event strict compliance is not achievable, alternate but equally City of Santa Barbara
PUBLIC WORKS DEPARTMENT DOWNTOWN PARKING
City of Santa Barbara
REQUIREMENTS FOR OPERATING A BUSINESS ON THE TEMPORARY STATE STREET PROMENADE Code.
Santa Barbara is a Smoke-Free City. Smoking is prohibited in outdoor business facilities at all times.
Outdoor business facilities must be removed from the right-of-way immediately upon permanent closure of the associated business. Any outdoor business facility constructed or placed by subsequent tenants is considered
Outdoor business facilities must remain in good repair and regular use.
Outdoor business facilities that are not used at least three days per week Outdoor business facilities that remain unused for 14 consecutive days are considered abandoned and must be removed at the business or property Businesses are responsible for cleaning their outdoor business facilities and keeping them in good condition. Trash, dirt, and debris must be removed trash receptacle (not public trash cans). Sweeping or blowing trash or debris into the street, sidewalks, or planters is prohibited.
March 15, 2023
Dear Meagan Salas:
The following is in response to your request for proof of delivery on your item with the tracking number:
9171 9690 0935 0223 8118 48.
Thank you for selecting the United States Postal Service® for your mailing needs. If you require additional assistance, please contact your local Post Office™ or a Postal representative at 1-800-222-1811.
Sincerely,
United States Postal Service®
475 L'Enfant Plaza SW
Washington, D.C. 20260-0004
Item Details
Status: Delivered, Left with Individual
Status Date / Time: March 13, 2023, 10:54 am
Location: CORONA, CA 92882
Postal Product: First-Class Mail®
Extra Services: Certified Mail™
Return Receipt Electronic
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SUSPENSION NOTICE
REMOVAL ORDER
April 17, 2023
Hitesh Ambalal
2434 Sierra Bella Drive
Corona, CA 92882
SUBJECT: 413 State Street – Taza
Dear Hitesh Ambalal:
Please be advised that the authorization to operate and maintain an outdoor business facility at 413 State Street is hereby suspended. Further you are hereby ordered to completely remove the outdoor business facility from the public right-of-way at 413 State Street not later than April 24, 2023 (“Removal Date”). If you fail to remove the outdoor business facility by the Removal Date it may be removed by City employees or contractors at your sole cost of removal, impoundment, storage, and disposal. This notice and order are issued under City of Santa Barbara Ordinance No. 6055. This notice and order is based upon continued failure to remedy ADA violations as required by Ordinance No. 6055 and its implementing guidelines.
This notice and order were posted on the outdoor business facility as follows:
Posted Date:_________________________________________________ Posted Time: ________________________________________________ Removal Date: _______________________________________________ DESCRIPTION OF ORDINANCE VIOLATION(S):
The subject property was initially inspected on November 30, 2022, and was found to be in violation of Ordinance No. 6055. City staff observed insufficent accessible seating and a gap at the transition greater than 1/2." A Correction Notice was issued, with a deadline to correct the violations by December 30, 2022.
April 17, 2023
3:00 PM
April 24, 2023
413 State Street– Taza
April 17, 2023
The property was re-inspected on January 19, 2023. City staff observed insufficient accessible seating. An Administrative Citation was issued, with a deadline to correct the violations by February 14, 2023.
The property was inspected a third time on February 23, 2023. City staff again observed insufficient accessible seating. A second Administrative Citation was issued with a deadline to correct the violations by March 24, 2023.
The facility was inspected a final time on April 7, 2023. City staff again observed insufficient accessible seating. The violations remain as of the date of this notice.
You must remove the outdoor business facility by the Removal Date. You may appeal the suspension to the City Council by filing a notice of appeal with the City Clerk. Filing an appeal does not affect the obligation to remove the facility. If you care to discuss this issue further or have any questions, please email me at [email protected], or call (805) 564-5656 x4611 between the hours of 8:30 and 4:30 p.m., Monday through Thursday and every other Friday. Your cooperation is solicited in the timely removal of the outdoor dining structure.
Si usted tiene preguntas respecto a la notificación y prefiere hablar con alguien en español, por favor llame la línea de investigaciones al (805) 897-2676. Deje su número de teléfono, y un mensaje corto.
Sincerely,
Meghan Salas
Parking Programs Supervisor
City of Santa Barbara
Posted Date: _________________________
Posted Time: _________________________
Removal Date: _________________________
If the Business OR PROPERTY OWNER fails to comply with this notice the structure and related equipment and fixtures may be dismantled and removed by the City at the owner’s expense.
Dismantled materials may be discarded as solid waste.
The parklet/outdoor business structure and all related equipment and fixtures to which this notice is attached must be removed not later than the removal date stated above for the following reason:
This business is no longer actively operating in this approved space.
The structure has been determined by the City to be unsafe or not in compliance with applicable guidelines.
Please remove all items and return area to its previous condition. Any remaining materials will be considered abandoned and taken to the County landfill for disposal.
Downtown Parking Office 805-564-5656
ORDINANCE 5944 / 5933
April 17, 2023
3:00 PM
April 24, 2023
CITY OF SANTA BARBARA
COUNCIL AGENDA REPORT
AGENDA DATE: May 23, 2023
TO: Mayor and Councilmembers
FROM: Downtown Team Division, Public Works Department
SUBJECT: Appeal of the Suspension of Authorization to Operate and Maintain a Parklet at Ca’Dario Restaurant at 37 East Victoria Street RECOMMENDATION:
That Council consider Dario Furlati and Quattro Fortune, Inc.’s appeal of the City Administrator’s suspension of the authorization to operate and maintain a parklet at Ca’Dario Restaurant, located at 37 East Victoria Street.
DISCUSSION:
Enforcement History ADA Appeals
Ca Dario Restaurant ’
Action Date Compliance Deadline
First Inspection November 9, 2022 -
Notice of Violation Issued November 9, 2022 December 8, 2022 Second Inspection January 19, 2023 -
Administrative Citation Issued January 27, 2023 February 14, 2023 Third Inspection February 23, 2023 -
Administrative Citation Issued March 13, 2023 March 29, 2023 Final Inspection April 7, 2023 -
Removal Notice Issued April 17, 2023 April 24, 2023
On May 27, 2020, City Council adopted Emergency Economic Recovery Ordinance No. 5944 (EERO), authorizing food service businesses to establish temporary outdoor dining areas (parklets) in the public right-of-way. Ordinance No. 5944 was amended and extended as Ordinance Nos. 5963 and 5993, before being replaced by Economic Recovery Extension and Transition Ordinance No. 6055 (ERETO). Following adoption of the EERO, Ca’Dario Restaurant constructed a parklet in the roadway in front of 37 East Victoria Street, which continues to operate under the ERETO.
The EERO specified for all parklets, “Access required under the Americans with Disabilities Act shall be maintained at all times.” The ERETO continues to mandate Agenda Item No. 18
File Code No.
Council Agenda Report
Appeal of the Suspension of Authorization to Operate and Maintain a Parklet at Ca’Dario Restaurant at 37 East Victoria Street
May 23, 2023
accessibility by requiring businesses to adhere to the City of Santa Barbara Parklet Guidelines (Parklet Guidelines), as established by the City Administrator. The Parklet Guidelines state, “It is the responsibility of each restaurant operator to provide outdoor dining in full compliance with the Americans with Disabilities Act (ADA) and the California Building Code (CBC),” and provide detailed specifications for accessible ramps, seating, and maneuvering space.
Beginning in late 2022, City of Santa Barbara (City) staff began a focused effort to enforce accessibility requirements in parklets outside of the State Street Promenade. City staff worked with contracted Certified Access Specialists (CASps) to inspect parklets and issue correction notices. Enforcement actions were undertaken as needed, according to Santa Barbara Municipal Code Chapters 1.25 and 1.28.
Enforcement History
The subject property was initially inspected for ADA compliance on November 9, 2022, at 1:55 p.m. City staff and CASps from M6 Consulting performed the inspection. At this inspection, the team observed two ADA compliance violations. The entrance to the parklet had an abrupt vertical edge exceeding one-half inch and an accessible table was not provided within the parklet. The inspection team explained the violations and compliance requirements to an employee of the business. A Notice of Violation (NOV) was issued and acknowledged by an employee at the completion of the inspection. The NOV described the violations; gave a correction deadline of December 8, 2022; and included a copy of the Parklet Guidelines. Please see Attachment 2 for a copy of the NOV.
The CASps re-inspected the parklet on January 19, 2023, and observed the noticed violations had not been resolved. On January 27, 2023, City staff issued a Notice of Administrative Citation (NOAC) to the business describing the violations, including photographs of the violations, a copy of the NOV, and the Parklet Guidelines, and gave a compliance deadline of February 14, 2023. The NOAC was hand delivered to the business and mailed via certified mail to the agent of record. Per the certified mail proof of delivery, the notice was delivered and signed for on January 28, 2023. Please see Attachment 3 for a copy of the NOAC and proof of delivery.
The CASps inspected the parklet for a third time on February 23, 2023, and observed the violation relating to the vertical edge at the parklet entrance had been resolved, but there was still no accessible table in the parklet. The CASps observed a new table had been placed in the parklet, but it did not meet ADA requirements due to under-table brackets extending into the required clearance. Tables or counter legs, bases, or supports must be at least 30 inches apart, as measured from the narrowest point, and knee clearance must extend at least 19 inches under the table for compliance. On March 13, 2023, City staff issued a second NOAC to the business describing the violation and included photographs of the non-compliant table, a copy of the original NOV, and another copy of the Parklet Guidelines. The second notice gave a final compliance deadline of March 29, Council Agenda Report
Appeal of the Suspension of Authorization to Operate and Maintain a Parklet at Ca’Dario Restaurant at 37 East Victoria Street
May 23, 2023
2023. The second NOAC was hand delivered to the business on March 9, 2023, and an attempt was made to mail a copy via certified mail to the agent of record. Per certified mail tracking, the item was returned to sender. The hand-delivered notice served as official notice of the continuing non-compliance and correction deadline. Please see Attachment 4 for a copy of the second NOAC and proof of delivery status.
Following the second NOAC, the CASps inspected the parklet a final time on April 7, 2023, and again, observed no accessible table provided in the parklet.
Per Section 7 of the ERETO, “The authorization [to operate a temporary outdoor business facility] shall be suspended for any business that is subject to more than two enforcement actions.” On April 17, 2023, City staff confirmed the violation had still not been corrected and issued a Suspension Notice Removal Order (Attachment 5) with a removal date of April 24, 2023, as authorized by Section 7 of the ERETO. The Suspension Notice Removal Order was hand delivered to the business and a Removal Notice was posted on the facility. Please see Attachment 6 for a copy of the Removal Notice posted at the business.
Ca’Dario Restaurant failed to construct their parklet to ADA and CBC accessibility standards. When notified of their violation and given three opportunities to bring the parklet into compliance, they failed to do so in a timely manner. Ca’Dario Restaurant has exhausted their opportunities to resolve accessibility violations in their parklet.
Please see Attachment 1 for the appellant’s letter of appeal and statement.
BUDGET/FINANCIAL INFORMATION:
The proposed action has no financial impact on the City.
ATTACHMENT(S): 1) Ca’Dario Letter of Appeal
2) Copy of Notice of Violation
3) Copy of First Administrative Citation
4) Copy of Second Administrative Citation
5) Copy of Suspension Notice Removal Order
6) Copy of Removal Order Notice
PREPARED BY: Sarah Clark, Acting Downtown Team Manager/MS/nv SUBMITTED BY: Clifford M. Maurer, P.E., Public Works Director APPROVED BY: City Administrator’s Office
37 E. Victoria Street – Ca'Dario
January 27, 2023
DESCRIPTION OF ORDINANCE VIOLATION(S):
The City re-inspected the subject property on January 19, 2023. City staff observed no progress to address the previous violations listed below:
Insufficient accessible seating. At least 5% of seating spaces must be accessible.
Vertical edge(s) at transition exceed(s) 1/2 inch. Abrupt vertical edges ("lips") or variations over 1/2 inch in height are prohibited. Edges or "lips" must be beveled to provide a smooth transition.
REMEDY OF ORDINANCE VIOLATION(S):
To remedy this issue, you must resolve the violation(s) as described above and in the Correction Notice prior to February 14, 2023. A copy of the Notice of Violation/Correction Notice is also attached.
To avoid paying another Administrative Fine pursuant to Santa Barbara Municipal Code Chapter 1.25, you must resolve the violations listed on this Notice of Administrative Citation prior to the abatement date stated above and advise the City that you have done so. If the violations are not corrected by the abatement date, you will be subject to additional administrative citations.
Administrative Citation amounts are calculated as follows:
First Offense, 1st Citation: $100 per violation
Second Offense within a 12-month period: $200 per day, per violation Third Offense within a 12-month period: $250 per day, per violation Each day the violation persists constitutes a separate violation. Payment of an Administrative Fine does not excuse the responsible party from correcting the Ordinance violation(s).
The City of Santa Barbara may use one or more of these remedies, in addition to the Administrative Citation, to gain compliance:
1. File a civil complaint in Superior Court seeking an injunction and penalties of $250 per day;
2. File a criminal complaint in Superior Court alleging misdemeanor violations of the City of Santa Barbara Ordinance; or
3. Suspend authorization to operate a temporary business facility in the public rightof-way.
37 E. Victoria Street – Ca'Dario
January 27, 2023
OPPORTUNITY FOR APPEAL
You have the right to appeal the imposition of this fine by filing a written appeal with the City Hearing Administrator through the Citation Processing Center as outlined below.
Appeals are deemed filed when the City receives a signed letter of appeal. To be timely, the Citation Processing Center must receive an appeal request within 10 days of the date of this Notice of Administrative Citation. Please note you may only contest the Notice of Administrative Citation for the following reasons:
1. Denying that a violation occurred;
2. Denying that the violation was not corrected within the required correction period; or,
3. Establishing that you are not the owner of the real property or the owner of the business at the time the violation should have been corrected.
PAYMENTS AND APPEALS
You will receive a bill from the citation processing center which must be paid within 30 days of the date of receiving the bill.
To pay or appeal this citation, please see the information below:
Website for payments/appeals: www.CitationProcessingCenter.com Phone number: 800-969-6158
7275, Newport Beach, CA. 92658-7275.
The violation(s) identified in this notice constitute a public nuisance and the City can enforce collection of unpaid administrative fines as a lien or special assessment on the subject real property. A City department may also refuse to accept an application for a City permit or license, or refuse to issue, extend, or renew to any person, who has unpaid delinquent fines, liens, or assessments, any City permit, license, or other City approval pertaining to the real property which is the subject of this Notice of Administrative Citation and an unpaid administrative fine.
This Notice shall satisfy the notice requirements of Government Code Sections 38773.1 and 38773.5 when a Notice of Administrative Citation is served on the person. In addition, the Public Works Director shall send notice by First-Class Mail to each property owner at least 10 days before the City Council considers the resolution to certify the amounts of the liens and special assessments, stating the date, time, and location of the meeting.
The lien or special assessment shall be imposed on the date the Notice of Administrative Citation for the Ordinance violation is issued to the responsible person and will go into effect shall become effective upon the recording of a Notice of Lien or Special Assessment by the County Recorder.
37 E. Victoria Street – Ca'Dario
January 27, 2023
Subsequent violations of the Ordinance within 12 months of the date of this Notice of Administrative Citation will result in the imposition of another Administrative Citation Fine without further warnings from this office. Fines for a Second Offense within 12 months are $200.00 per day, per violation. Fines for a Third Offense within 12 months are $250.00 per day, per violation, and is referred to the City Attorney’s Office with no further warning letters. Payment of an Administrative Fine does not excuse the responsible party from correcting the Ordinance violation(s).
In addition, under Section 7.C of Ordinance No. 6055, the City may suspend your ability to maintain and operate an outdoor business facility for any business subject to more than two enforcement actions. If the City suspends your authorization to operate a temporary business facility in the public right-of-way, your business facility must be removed from the right-of-way.
If you wish to discuss this issue further or have any questions, please email me at [email protected] or call (805) 564-5470 x4610 between 8:30 a.m. and 4:30 p.m., Monday through Thursday, and every other Friday. Your cooperation is solicited in the abatement of this violation.
Si usted tiene preguntas respecto a la notificación y prefiere hablar con alguien en español, por favor llame la línea de investigaciones al (805) 897-2676. Deje su número de teléfono, la dirección del domicilió respecto a la notificación, el número ENF en la notificación, y un mensaje corto.
Sincerely,
Meghan Salas
Parking Programs Supervisor
Attachments:
1. Image(s) of follow-up inspection on January 19, 2023.
2. Correction Notice from November 9, 2022.
3. City of Santa Barbara’s Parklet Guidelines.
37 E. Victoria Street – Ca'Dario
January 27, 2023
Attachment 1: Image(s) of follow-up inspection on January 19, 2023 Insufficient accessible seating. At least 5% of seating spaces must be accessible. 37 E. Victoria Street – Ca'Dario
January 27, 2023
Attachment 2: Image(s) of follow-up inspection on January 19, 2023 Vertical edge(s) at transition exceed(s) 1/2 inch. Abrupt vertical edges ("lips") or variations over 1/2 inch in height are prohibited. Edges or "lips" must be beveled to provide a smooth transition.
A parklet is an innovative way to temporarily expand a
business’ outdoor operating space on a public street.
Built and maintained by neighboring businesses,
parklets are outdoor business areas located within an
existing parking lane adjacent to the curb and designed as an extension of the sidewalk. Please carefully review these Guidelines if you plan to expand onto the public
right-of-way during this Interim Period. Before any
new parklet is created, the business must submit the
proposed design showing dimensions and materials
for City approval. Contact Parking Operations at
for pre-approval.
Any business permitted to operate outdoors under State
and local public health directives may create a parklet, provided the location meets the following criteria:
X
X
X
X
X
X
X
X
X
X
X
X
X
X
City of Santa Barbara
DOWNTOWN PARKING
City of Santa Barbara
Parklets are a maximum of 6 feet wide from the edge of the curb and may extend the length of a business’s property frontage. Please work closely with your neighbors if you plan exceed in width the frontage of your business.
Each parklet must be surrounded on the three street-adjacent sides with a barrier to establish the boundaries of the parklet. parklet is near a driveway or intersection so critical sight lines each corner, at a minimum, to ensure nighttime visibility.
For existing platforms, a should be
placed along the edge of the parklet, where it meets the sidewalk, for conspicuity. Businesses are responsible
for ensuring their parklets
Businesses are responsible
that their parklets and improvements are ADA compliant.
Parklets cannot obstruct public utilities or interfere with drainage or storm drains. All parklets must be designed and built outside of the gutter lines in order to accommodate platform must be entirely above the gutter.
Portable heaters and lighting are permitted, however, please ensure proper clearance to trees, awnings, and umbrellas to Heaters and lighting must be self-contained, with no wires or the parklet barrier is preferred.
Overhead lighting elements are discouraged.
Parklets must be easily removed and may not cause any
must be temporary.
rain events. These guidelines require businesses to maintain drainage along the street and gutter lines at all times.
Business owners are fully responsible for assuring that their existing platforms and other outdoor features are constructed City of Santa Barbara
DOWNTOWN PARKING
For winter, businesses may wish to modify parklets for the comfort of their guests.
Tents and canopies must be adequately roped, braced,
and anchored to withstand the elements and avoid
collapsing. Businesses must maintain required clearance combustible materials.
Tents and heaters are subject to Fire Department
inspection and approval. Any tent exceeding 700 square
feet requires a permit before it is erected. Call 805-965- 5254 to arrange for inspection or permitting. Please refer to the Guidelines for the Use of Tents, Canopies, or Shade Structures and Heating Elements in Temporary Parklets for additional details.
During the Interim Period, new parklet design must conform to materials are now listed that may be used to create temporary parklets. Please see the Design Guidelines for additonal detail.
Some examples of approved materials:
Wrought Iron
• Vertical wood elements with a top railing
• Planters
Platforms must be constructed with wood. If no platform is constructed, surface materials should not be used.
Plants are encouraged to screen parklets. Plants should be lowmaintenance and drought tolerant. Approved planter materials include:
• Painted or stained wood (see approved colors)
• Natural concrete pots or planters
• Terracotta clay or plastic pots
Wooden and iron elements must be painted or stained
also use approved colors. For approved colors, refer to at
City of Santa Barbara
DOWNTOWN PARKING
All businesses that establish parklets in the public rightbusiness insurance carrier naming the City as Additionally The City of Santa Barbara reserves the right to remove
parklets and clear the right-of-way at its
sole discretion. Please contact Sarah Clark at
for pre-approval of your parklet
design. Once a parklet following the above guidelines is with the business
address in the subject.
The novel coronavirus pandemic has caused unprecedented challenges for businesses required to close for indoor dining and reduce their services to take out and delivery for an extended period of time. As of June 15, 2021, City of Santa Barbara food service businesses can reopen at full capacity.
The City invites businesses who wish to operate safely under public health restrictions to create temporary outdoor
dining areas, known as parklets, in curbside, on-street parking spaces. Parklets provide food service businesses with additional outdoor seating capacity.
Economic Recovery Ordinance No. 5944, which expires on
March 8, 2022. Upon expiration of the ordinance, parklets may no longer be necessary and may be discontinued. A
business would then remove their parklet and restore the parking and sidewalk area to its original condition.
If you have questions or need additional guidance, please send an email to .
Checklist. These forms are required for all businesses, even if you have already been open and operating.
If you have questions or need additional guidance,
please send an email to
.
The operation of parklets under tents or other membrane structures is subject to the requirements of the California Code of Regulations, Title 19, Division 1 and Chapters 3 and 31 of the California Fire Code.
All heaters and tents are subject to Fire Department inspection.
Tents require a Fire Department permit if they exceed 700 square feet (call 805-965-5254 for permit).
Tents must be adequately roped, braced, and anchored to withstand the elements and avoid collapsing.
Staking of tents is prohibited in the public rights-of-way. Tethering or securing tents to trees is prohibited.
A tent is required to have two means of egress if the occupant load exceeds 10.
Seating arrangements in tents are subject to Covid-19 restrictions and the requirements of Chapter 10 of the Fire and Building Codes.
sidewalk and lower street elevation.
Smoking is prohibited under tents at all times. Santa Barbara is a .
Heating equipment subject to Section 3104 of the Fire Code and requires Fire Department approval.
Gas heaters must adhere to the California Mechanical Code; heating equipment may not be located within 10 feet of the tent exit.
of the tent fabric.
Electrical heaters shall be installed pursuant to the California Electrical Code.
Clearance from any ignition source to any combustible material must be maintained in an approved manner.
Candles may only be used in approved and stable candle holders on individual tables in dining establishments. Under no circumstances shall hand held candles be permitted.
In the event strict compliance is not achievable, alternate means of compliance must be approved by the Fire Department All tent supports or legs must be weighted.
Each tent leg must have a minimum of 40 pounds.
Weights must be securely attached to tent roof and tent leg separately.
Ropes and straps should be high quality.
Bungee or rubber straps are prohibited.
Weights must be on the ground and not dangling.
For maximum safety, tents should be secured as soon as they are put up, and brought down as soon as weight is removed.
Do not leave tents unsecured at any time.
City of Santa Barbara
DOWNTOWN PARKING
5 gallon bucket full of sand or concrete
available)
Sandbags 40 pounds or heavier
It is the responsibility of each restaurant operator to provide outdoor dining in full compliance with the Americans with Disabilities Act (ADA) and the California Building Code Standards (CBC). The requirements listed below were developed as part of the overall Parklet guidelines in order to assist restaurant operators with meeting these compliance requirements. Nothing contained herein shall replace or diminish any of the requirements under the ADA or CBC.
Ramps must be at least 4 feet wide.
8.3% (1:12) maximum running slope (parallel to the direction of travel).
A level landing at the top of the ramp measuring at least 4 feet by 4 feet.
Accessible, unobstructed path of travel from the sidewalk pedestrian path to the ramp.
Edge protection is required on each side of the ramp. A curb or barrier that prevents the passage of a 4-inch diameter sphere must be provided along both edges of the ramp. To prevent wheel entrapment, the edge protection must provide a continuous, uninterrupted barrier along the edge of the ramp.
City of Santa Barbara
DOWNTOWN PARKING
Table surface between 28 to 34 inches high.
Knee clearance extends at least 19 inches under the table.
Minimum distance of 4 feet to the nearest obstruction.
International Symbol of Accessibility displayed at the table.
Maintain an accessible path of travel to the table.
Accessible dining tables and standing surfaces must be dispersed throughtout the space.
City of Santa Barbara
DOWNTOWN PARKING
Create order.
Simplify parklet design and eliminate visual clutter.
Provide a simple, coordinated palette for colors, materials, and plants.
Encourage simple outdoor patio furniture.
Encourage use of low-maintenance plants.
Encourage collaboration with neighbors to create the best aesthetic.
Encourage well-placed, beautiful, well-designed signage.
Encourage the use of color and art.
City of Santa Barbara
DOWNTOWN PARKING
Black iron.
Dark-stained or painted vertical wood elements with a top rail or cap. See below for approved colors.
Planters. Use unique, hearty, low-maintenance, drought-tolerant plants.
Thick connecting ropes attached to wood or metal posts.
Platforms must be constructed with wood painted or stained in a dark, approved color.
Platforms may not be constructed in the gutter.
If no platform is constructed, surface materials should not be used.
Outdoor dining areas should use simple patio furniture designs. Plastic or vinyl furniture is prohibited.
Where lighting is used, it should be placed at a low level - in plantings or along barrier fencing. Overhead lighting is discouraged. All lighting should be white.
The following design elements are discouranged:
Pop-up tents
Overhead elements
Outdoor carpeting or faux lawn products
Plastic or vinyl fences, trellis, or furniture
Picket fencing
Hinged metal pet enclosures
Excessive decoration
Platforms
Fixed enclosures
Overhead elements
City of Santa Barbara
DOWNTOWN PARKING
use approved colors. For approved colors, refer to “Santa Barbara Colors: A Guide to Painting Buildings” at City of Santa Barbara
DOWNTOWN PARKING
February 2, 2023
Dear Meagan Salas:
The following is in response to your request for proof of delivery on your item with the tracking number:
9171 9690 0935 0237 6899 14.
Thank you for selecting the United States Postal Service® for your mailing needs. If you require additional assistance, please contact your local Post Office™ or a Postal representative at 1-800-222-1811.
Sincerely,
United States Postal Service®
475 L'Enfant Plaza SW
Washington, D.C. 20260-0004
Item Details
Status: Delivered, Left with Individual
Status Date / Time: January 28, 2023, 12:42 pm
Location: SANTA BARBARA, CA 93101
Postal Product: First-Class Mail®
Extra Services: Certified Mail™
Return Receipt Electronic
Recipient Signature
Signature of Recipient:
Address of Recipient:
Note: Scanned image may reflect a different destination address due to Intended Recipient's delivery instructions on file.
A parklet is an innovative way to temporarily expand a
business’ outdoor operating space on a public street.
Built and maintained by neighboring businesses,
parklets are outdoor business areas located within an
existing parking lane adjacent to the curb and designed as an extension of the sidewalk. Please carefully review these Guidelines if you plan to expand onto the public
right-of-way during this Interim Period. Before any
new parklet is created, the business must submit the
proposed design showing dimensions and materials
for City approval. Contact Parking Operations at
for pre-approval.
Any business permitted to operate outdoors under State
and local public health directives may create a parklet, provided the location meets the following criteria:
X
X
X
X
X
X
X
X
X
X
X
X
X
X
City of Santa Barbara
DOWNTOWN PARKING
City of Santa Barbara
Parklets are a maximum of 6 feet wide from the edge of the curb and may extend the length of a business’s property frontage. Please work closely with your neighbors if you plan exceed in width the frontage of your business.
Each parklet must be surrounded on the three street-adjacent sides with a barrier to establish the boundaries of the parklet. parklet is near a driveway or intersection so critical sight lines each corner, at a minimum, to ensure nighttime visibility.
For existing platforms, a should be
placed along the edge of the parklet, where it meets the sidewalk, for conspicuity. Businesses are responsible
for ensuring their parklets
Businesses are responsible
that their parklets and improvements are ADA compliant.
Parklets cannot obstruct public utilities or interfere with drainage or storm drains. All parklets must be designed and built outside of the gutter lines in order to accommodate platform must be entirely above the gutter.
Portable heaters and lighting are permitted, however, please ensure proper clearance to trees, awnings, and umbrellas to Heaters and lighting must be self-contained, with no wires or the parklet barrier is preferred.
Overhead lighting elements are discouraged.
Parklets must be easily removed and may not cause any
must be temporary.
rain events. These guidelines require businesses to maintain drainage along the street and gutter lines at all times.
Business owners are fully responsible for assuring that their existing platforms and other outdoor features are constructed City of Santa Barbara
DOWNTOWN PARKING
For winter, businesses may wish to modify parklets for the comfort of their guests.
Tents and canopies must be adequately roped, braced,
and anchored to withstand the elements and avoid
collapsing. Businesses must maintain required clearance combustible materials.
Tents and heaters are subject to Fire Department
inspection and approval. Any tent exceeding 700 square
feet requires a permit before it is erected. Call 805-965- 5254 to arrange for inspection or permitting. Please refer to the Guidelines for the Use of Tents, Canopies, or Shade Structures and Heating Elements in Temporary Parklets for additional details.
During the Interim Period, new parklet design must conform to materials are now listed that may be used to create temporary parklets. Please see the Design Guidelines for additonal detail.
Some examples of approved materials:
Wrought Iron
• Vertical wood elements with a top railing
• Planters
Platforms must be constructed with wood. If no platform is constructed, surface materials should not be used.
Plants are encouraged to screen parklets. Plants should be lowmaintenance and drought tolerant. Approved planter materials include:
• Painted or stained wood (see approved colors)
• Natural concrete pots or planters
• Terracotta clay or plastic pots
Wooden and iron elements must be painted or stained
also use approved colors. For approved colors, refer to at
City of Santa Barbara
DOWNTOWN PARKING
All businesses that establish parklets in the public rightbusiness insurance carrier naming the City as Additionally The City of Santa Barbara reserves the right to remove
parklets and clear the right-of-way at its
sole discretion. Please contact Sarah Clark at
for pre-approval of your parklet
design. Once a parklet following the above guidelines is with the business
address in the subject.
The novel coronavirus pandemic has caused unprecedented challenges for businesses required to close for indoor dining and reduce their services to take out and delivery for an extended period of time. As of June 15, 2021, City of Santa Barbara food service businesses can reopen at full capacity.
The City invites businesses who wish to operate safely under public health restrictions to create temporary outdoor
dining areas, known as parklets, in curbside, on-street parking spaces. Parklets provide food service businesses with additional outdoor seating capacity.
Economic Recovery Ordinance No. 5944, which expires on
March 8, 2022. Upon expiration of the ordinance, parklets may no longer be necessary and may be discontinued. A
business would then remove their parklet and restore the parking and sidewalk area to its original condition.
If you have questions or need additional guidance, please send an email to .
Checklist. These forms are required for all businesses, even if you have already been open and operating.
If you have questions or need additional guidance,
please send an email to
.
The operation of parklets under tents or other membrane structures is subject to the requirements of the California Code of Regulations, Title 19, Division 1 and Chapters 3 and 31 of the California Fire Code.
All heaters and tents are subject to Fire Department inspection.
Tents require a Fire Department permit if they exceed 700 square feet (call 805-965-5254 for permit).
Tents must be adequately roped, braced, and anchored to withstand the elements and avoid collapsing.
Staking of tents is prohibited in the public rights-of-way. Tethering or securing tents to trees is prohibited.
A tent is required to have two means of egress if the occupant load exceeds 10.
Seating arrangements in tents are subject to Covid-19 restrictions and the requirements of Chapter 10 of the Fire and Building Codes.
sidewalk and lower street elevation.
Smoking is prohibited under tents at all times. Santa Barbara is a .
Heating equipment subject to Section 3104 of the Fire Code and requires Fire Department approval.
Gas heaters must adhere to the California Mechanical Code; heating equipment may not be located within 10 feet of the tent exit.
of the tent fabric.
Electrical heaters shall be installed pursuant to the California Electrical Code.
Clearance from any ignition source to any combustible material must be maintained in an approved manner.
Candles may only be used in approved and stable candle holders on individual tables in dining establishments. Under no circumstances shall hand held candles be permitted.
In the event strict compliance is not achievable, alternate means of compliance must be approved by the Fire Department All tent supports or legs must be weighted.
Each tent leg must have a minimum of 40 pounds.
Weights must be securely attached to tent roof and tent leg separately.
Ropes and straps should be high quality.
Bungee or rubber straps are prohibited.
Weights must be on the ground and not dangling.
For maximum safety, tents should be secured as soon as they are put up, and brought down as soon as weight is removed.
Do not leave tents unsecured at any time.
City of Santa Barbara
DOWNTOWN PARKING
5 gallon bucket full of sand or concrete
available)
Sandbags 40 pounds or heavier
It is the responsibility of each restaurant operator to provide outdoor dining in full compliance with the Americans with Disabilities Act (ADA) and the California Building Code Standards (CBC). The requirements listed below were developed as part of the overall Parklet guidelines in order to assist restaurant operators with meeting these compliance requirements. Nothing contained herein shall replace or diminish any of the requirements under the ADA or CBC.
Ramps must be at least 4 feet wide.
8.3% (1:12) maximum running slope (parallel to the direction of travel).
A level landing at the top of the ramp measuring at least 4 feet by 4 feet.
Accessible, unobstructed path of travel from the sidewalk pedestrian path to the ramp.
Edge protection is required on each side of the ramp. A curb or barrier that prevents the passage of a 4-inch diameter sphere must be provided along both edges of the ramp. To prevent wheel entrapment, the edge protection must provide a continuous, uninterrupted barrier along the edge of the ramp.
City of Santa Barbara
DOWNTOWN PARKING
Table surface between 28 to 34 inches high.
Knee clearance extends at least 19 inches under the table.
Minimum distance of 4 feet to the nearest obstruction.
International Symbol of Accessibility displayed at the table.
Maintain an accessible path of travel to the table.
Accessible dining tables and standing surfaces must be dispersed throughtout the space.
City of Santa Barbara
DOWNTOWN PARKING
Create order.
Simplify parklet design and eliminate visual clutter.
Provide a simple, coordinated palette for colors, materials, and plants.
Encourage simple outdoor patio furniture.
Encourage use of low-maintenance plants.
Encourage collaboration with neighbors to create the best aesthetic.
Encourage well-placed, beautiful, well-designed signage.
Encourage the use of color and art.
City of Santa Barbara
DOWNTOWN PARKING
Black iron.
Dark-stained or painted vertical wood elements with a top rail or cap. See below for approved colors.
Planters. Use unique, hearty, low-maintenance, drought-tolerant plants.
Thick connecting ropes attached to wood or metal posts.
Platforms must be constructed with wood painted or stained in a dark, approved color.
Platforms may not be constructed in the gutter.
If no platform is constructed, surface materials should not be used.
Outdoor dining areas should use simple patio furniture designs. Plastic or vinyl furniture is prohibited.
Where lighting is used, it should be placed at a low level - in plantings or along barrier fencing. Overhead lighting is discouraged. All lighting should be white.
The following design elements are discouranged:
Pop-up tents
Overhead elements
Outdoor carpeting or faux lawn products
Plastic or vinyl fences, trellis, or furniture
Picket fencing
Hinged metal pet enclosures
Excessive decoration
Platforms
Fixed enclosures
Overhead elements
City of Santa Barbara
DOWNTOWN PARKING
use approved colors. For approved colors, refer to “Santa Barbara Colors: A Guide to Painting Buildings” at City of Santa Barbara
DOWNTOWN PARKING
SUSPENSION NOTICE
REMOVAL ORDER
April 17, 2023
Michael S. Fauver
37 E Victoria Street
Santa Barbara, CA 93101
SUBJECT: 37 E. Victoria Street – Ca'Dario
Dear Michael S. Fauver:
Please be advised that the authorization to operate and maintain an outdoor business facility at 37 E. Victoria Street is hereby suspended. Further you are hereby ordered to completely remove the outdoor business facility from the public right-of-way at 37 E. Victoria Street not later than April 24, 2023 (“Removal Date”). If you fail to remove the outdoor business facility by the Removal Date it may be removed by City employees or contractors at your sole cost of removal, impoundment, storage, and disposal. This notice and order are issued under City of Santa Barbara Ordinance No. 6055. This notice and order is based upon continued failure to remedy ADA violations as required by Ordinance No. 6055 and its implementing guidelines.
This notice and order were posted on the outdoor business facility as follows:
Posted Date:_________________________________________________ Posted Time: ________________________________________________ Removal Date: _______________________________________________ DESCRIPTION OF ORDINANCE VIOLATION(S):
The subject property was initially inspected on November 9, 2022, and was found to be in violation of Ordinance No. 6055. City staff observed the vertical edge exceeded 1/2" and insufficient accessible seating was provided. A Correction Notice was issued, with a deadline to correct the violations by December 8, 2022.
April 17, 2023
3:00 PM
April 24, 2023
37 E. Victoria Street– Ca'Dario
April 17, 2023
The property was re-inspected on January 19, 2023. City staff observed the vertical edge exceeded 1/2" and insufficient accessible seating was provided. An Administrative Citation was issued, with a deadline to correct the violations by February 14, 2023.
The property was inspected a third time on February 23, 2023. City staff again observed insufficient accessible seating was provided. A second Administrative Citation was issued with a deadline to correct the violations by March 24, 2023.
The facility was inspected a final time on April 7, 2023. City staff again observed insufficient accessible seating was provided. The violations remain as of the date of this notice.
You must remove the outdoor business facility by the Removal Date. You may appeal the suspension to the City Council by filing a notice of appeal with the City Clerk. Filing an appeal does not affect the obligation to remove the facility. If you care to discuss this issue further or have any questions, please email me at [email protected], or call (805) 564-5656 x4611 between the hours of 8:30 and 4:30 p.m., Monday through Thursday and every other Friday. Your cooperation is solicited in the timely removal of the outdoor dining structure.
Si usted tiene preguntas respecto a la notificación y prefiere hablar con alguien en español, por favor llame la línea de investigaciones al (805) 897-2676. Deje su número de teléfono, y un mensaje corto.
Sincerely,
Meghan Salas
Parking Programs Supervisor
City of Santa Barbara
Posted Date: _________________________
Posted Time: _________________________
Removal Date: _________________________
If the Business OR PROPERTY OWNER fails to comply with this notice the structure and related equipment and fixtures may be dismantled and removed by the City at the owner’s expense.
Dismantled materials may be discarded as solid waste.
The parklet/outdoor business structure and all related equipment and fixtures to which this notice is attached must be removed not later than the removal date stated above for the following reason:
This business is no longer actively operating in this approved space.
The structure has been determined by the City to be unsafe or not in compliance with applicable guidelines.
Please remove all items and return area to its previous condition. Any remaining materials will be considered abandoned and taken to the County landfill for disposal.
Downtown Parking Office 805-564-5656
ORDINANCE 5944 / 5933
April 17, 2023
3:00 PM
April 24, 2023
CITY OF SANTA BARBARA
COUNCIL AGENDA REPORT
AGENDA DATE: May 23, 2023
TO: Mayor and Councilmembers
FROM: Downtown Team Division, Public Works Department
SUBJECT: Appeal of the Suspension of Authorization to Operate and Maintain a Parklet at Folded Hills Winery at 1294 Coast Village Road RECOMMENDATION:
That Council consider Andrew Busch and Folded Hills Winery’s appeal of the City Administrator’s suspension of the authorization to operate and maintain a parklet at Folded Hills Winery, located at 1294 Coast Village Road.
DISCUSSION:
Enforcement History ADA Appeals
Folded Hills Winery
Action Date Compliance Deadline
First Inspection December 12, 2022 -
Notice of Violation Issued December 12, 2022 January 21, 2023 Second Inspection January 25, 2023 -
Administrative Citation Issued January 31, 2023 February 14, 2023 Third Inspection March 8, 2023 -
Administrative Citation Issued March 13, 2023 March 29, 2023 Final Inspection April 7, 2023 -
Removal Notice Issued April 17, 2023 April 24, 2023
On May 27, 2020, City Council adopted Emergency Economic Recovery Ordinance No. 5944 (EERO), authorizing food service businesses to establish temporary outdoor dining areas (parklets) in the public right-of-way. Ordinance No. 5944 was amended and extended as Ordinance Nos. 5963 and 5993, before being replaced by Economic Recovery Extension and Transition Ordinance No. 6055 (ERETO). Following adoption of the EERO, Folded Hills Winery constructed a parklet in the roadway in front of 1294 Coast Village Road, which continues to operate under the ERETO.
The EERO specified for all parklets, “Access required under the Americans with Disabilities Act shall be maintained at all times.” The ERETO continues to mandate Agenda Item No. 19
File Code No.
Council Agenda Report
Appeal of the Suspension of Authorization to Operate and Maintain a Parklet at Folded Hills Winery at 1294 Coast Village Road
May 23, 2023
accessibility by requiring businesses to adhere to the City of Santa Barbara Parklet Guidelines (Parklet Guidelines), as established by the City Administrator. The Parklet Guidelines state, “It is the responsibility of each restaurant operator to provide outdoor dining in full compliance with the Americans with Disabilities Act (ADA) and the California Building Code (CBC),” and provide detailed specifications for accessible ramps, seating, and maneuvering space.
Beginning in late 2022, City of Santa Barbara (City) staff began a focused effort to enforce accessibility requirements in parklets outside of the State Street Promenade. City staff worked with contracted Certified Access Specialists (CASps) to inspect parklets and issue correction notices. Enforcement actions were undertaken as needed, according to Santa Barbara Municipal Code Chapters 1.25 and 1.28.
Enforcement History
The subject property was initially inspected for ADA compliance on December 12, 2022, at 4:04 p.m. City staff and CASps from M6 Consulting performed the inspection. At this inspection, the team observed no ramp in the parklet as required. The inspection team explained the violation and compliance requirements to an employee of the business. A Notice of Violation (NOV) was issued and acknowledged by an employee at the completion of the inspection. The NOV described the violation; gave a correction deadline of January 21, 2023; and included a copy of the Parklet Guidelines. Please see Attachment 2 for a copy of the NOV.
The CASps re-inspected the parklet on January 25, 2023, and observed the noticed violation had not been resolved. On January 31, 2023, City staff issued a Notice of Administrative Citation (NOAC) to the business describing the violation, including photographs of the violation, a copy of the NOV, and the Parklet Guidelines, and gave a compliance deadline of February 14, 2023. The NOAC was hand delivered to the business and mailed via certified mail to the agent of record. Per the certified mail proof of delivery, the notice was delivered and signed for on February 3, 2023. Please see Attachment 3 for a copy of the NOAC and proof of delivery.
City staff inspected the parklet for a third time on March 8, 2023, and observed a ramp had been provided, but was too narrow, and the slope exceeded the allowed 8.3%. On March 13, 2023, City staff issued a second NOAC to the business describing the violation and included photographs of the non-compliant ramp, a copy of the original NOV, and another copy of the Parklet Guidelines. The second notice gave a final compliance deadline of March 29, 2023. The second NOAC was hand delivered to the business and mailed via certified mail to the agent of record. Per certified mail tracking, the notice was delivered and signed for on March 13, 2023. Please see Attachment 4 for a copy of the second NOAC and proof of delivery.
Following the second NOAC, the CASps inspected the parklet a final time on April 7, 2023, and again, observed that a ramp was not provided despite the business being open for customers.
Council Agenda Report
Appeal of the Suspension of Authorization to Operate and Maintain a Parklet at Folded Hills Winery at 1294 Coast Village Road
May 23, 2023
Per Section 7 of the ERETO, “The authorization [to operate a temporary outdoor business facility] shall be suspended for any business that is subject to more than two enforcement actions.” On April 17, 2023, City staff confirmed the violation had still not been corrected and issued a Suspension Notice Removal Order (Attachment 5) with a removal date of April 24, 2023, as authorized by Section 7 of the ERETO. The Suspension Notice Removal Order was hand delivered to the business and a Removal Notice was posted on the facility. Please see Attachment 6 for a copy of the Removal Notice posted at the business.
Folded Hills Winery failed to construct their parklet to ADA and CBC accessibility standards. When notified of their violation and given three opportunities to bring the parklet into compliance, they failed to do so in a timely manner. Folded Hills Winery has exhausted their opportunities to resolve the accessibility violation in their parklet.
Please see Attachment 1 for the appellant’s letter of appeal and statement.
BUDGET/FINANCIAL INFORMATION:
The proposed action has no financial impact on the City.
ATTACHMENT(S): 1) Folded Hills Winery Letter of Appeal
2) Copy of Notice of Violation
3) Copy of First Administrative Citation
4) Copy of Second Administrative Citation
5) Copy of Suspension Notice Removal Order
6) Copy of Removal Order Notice
PREPARED BY: Sarah Clark, Acting Downtown Team Manager/MS/nv SUBMITTED BY: Clifford M. Maurer, P.E., Public Works Director APPROVED BY: City Administrator’s Office
1294 Coast Village Road – Folded Hills
January 31, 2023
DESCRIPTION OF ORDINANCE VIOLATION(S):
The City re-inspected the subject property on January 25, 2023. City staff observed no progress to address the previous violations listed below:
No ramp. A CBC compliant ramp must be provided.
REMEDY OF ORDINANCE VIOLATION(S):
To remedy this issue, you must resolve the violation(s) as described above and in the Correction Notice prior to February 14, 2023. A copy of the Notice of Violation/Correction Notice is also attached.
To avoid paying another Administrative Fine pursuant to Santa Barbara Municipal Code Chapter 1.25, you must resolve the violations listed on this Notice of Administrative Citation prior to the abatement date stated above and advise the City that you have done so. If the violations are not corrected by the abatement date, you will be subject to additional administrative citations.
Administrative Citation amounts are calculated as follows:
First Offense, 1st Citation: $100 per violation
Second Offense within a 12-month period: $200 per day, per violation Third Offense within a 12-month period: $250 per day, per violation Each day the violation persists constitutes a separate violation. Payment of an Administrative Fine does not excuse the responsible party from correcting the Ordinance violation(s).
The City of Santa Barbara may use one or more of these remedies, in addition to the Administrative Citation, to gain compliance:
1. File a civil complaint in Superior Court seeking an injunction and penalties of $250 per day;
2. File a criminal complaint in Superior Court alleging misdemeanor violations of the City of Santa Barbara Ordinance; or
3. Suspend authorization to operate a temporary business facility in the public rightof-way. 1294 Coast Village Road – Folded Hills
January 31, 2023
OPPORTUNITY FOR APPEAL
You have the right to appeal the imposition of this fine by filing a written appeal with the City Hearing Administrator through the Citation Processing Center as outlined below.
Appeals are deemed filed when the City receives a signed letter of appeal. To be timely, the Citation Processing Center must receive an appeal request within 10 days of the date of this Notice of Administrative Citation. Please note you may only contest the Notice of Administrative Citation for the following reasons:
1. Denying that a violation occurred;
2. Denying that the violation was not corrected within the required correction period; or,
3. Establishing that you are not the owner of the real property or the owner of the business at the time the violation should have been corrected.
PAYMENTS AND APPEALS
You will receive a bill from the citation processing center which must be paid within 30 days of the date of receiving the bill.
To pay or appeal this citation, please see the information below:
Website for payments/appeals: www.CitationProcessingCenter.com Phone number: 800-969-6158
7275, Newport Beach, CA. 92658-7275.
The violation(s) identified in this notice constitute a public nuisance and the City can enforce collection of unpaid administrative fines as a lien or special assessment on the subject real property. A City department may also refuse to accept an application for a City permit or license, or refuse to issue, extend, or renew to any person, who has unpaid delinquent fines, liens, or assessments, any City permit, license, or other City approval pertaining to the real property which is the subject of this Notice of Administrative Citation and an unpaid administrative fine.
This Notice shall satisfy the notice requirements of Government Code Sections 38773.1 and 38773.5 when a Notice of Administrative Citation is served on the person. In addition, the Public Works Director shall send notice by First-Class Mail to each property owner at least 10 days before the City Council considers the resolution to certify the amounts of the liens and special assessments, stating the date, time, and location of the meeting. The lien or special assessment shall be imposed on the date the Notice of Administrative Citation for the Ordinance violation is issued to the responsible person and will go into effect shall become effective upon the recording of a Notice of Lien or Special Assessment by the County Recorder. 1294 Coast Village Road – Folded Hills
January 31, 2023
Subsequent violations of the Ordinance within 12 months of the date of this Notice of Administrative Citation will result in the imposition of another Administrative Citation Fine without further warnings from this office. Fines for a Second Offense within 12 months are $200.00 per day, per violation. Fines for a Third Offense within 12 months are $250.00 per day, per violation, and is referred to the City Attorney’s Office with no further warning letters. Payment of an Administrative Fine does not excuse the responsible party from correcting the Ordinance violation(s).
In addition, under Section 7.C of Ordinance No. 6055, the City may suspend your ability to maintain and operate an outdoor business facility for any business subject to more than two enforcement actions. If the City suspends your authorization to operate a temporary business facility in the public right-of-way, your business facility must be removed from the right-of-way.
If you wish to discuss this issue further or have any questions, please email me at [email protected] or call (805) 564-5470 x4610 between 8:30 a.m. and 4:30 p.m., Monday through Thursday, and every other Friday. Your cooperation is solicited in the abatement of this violation.
Si usted tiene preguntas respecto a la notificación y prefiere hablar con alguien en español, por favor llame la línea de investigaciones al (805) 897-2676. Deje su número de teléfono, la dirección del domicilió respecto a la notificación, el número ENF en la notificación, y un mensaje corto.
Sincerely,
Meghan Salas
Parking Programs Supervisor
Attachments:
1. Image(s) of follow-up inspection on January 25, 2023.
2. Correction Notice from December 22, 2022.
3. City of Santa Barbara’s Parklet Guidelines.
1294 Coast Village Road – Folded Hills
January 31, 2023
Attachment 1: Image(s) of follow-up inspection on January 25, 2023 No ramp. A CBC compliant ramp must be provided.
A parklet is an innovative way to temporarily expand a
business’ outdoor operating space on a public street.
Built and maintained by neighboring businesses,
parklets are outdoor business areas located within an
existing parking lane adjacent to the curb and designed as an extension of the sidewalk. Please carefully review these Guidelines if you plan to expand onto the public
right-of-way during this Interim Period. Before any
new parklet is created, the business must submit the
proposed design showing dimensions and materials
for City approval. Contact Parking Operations at
for pre-approval.
Any business permitted to operate outdoors under State
and local public health directives may create a parklet, provided the location meets the following criteria:
X
X
X
X
X
X
X
X
X
X
X
X
X
X
City of Santa Barbara
DOWNTOWN PARKING
City of Santa Barbara
Parklets are a maximum of 6 feet wide from the edge of the curb and may extend the length of a business’s property frontage. Please work closely with your neighbors if you plan exceed in width the frontage of your business.
Each parklet must be surrounded on the three street-adjacent sides with a barrier to establish the boundaries of the parklet. parklet is near a driveway or intersection so critical sight lines each corner, at a minimum, to ensure nighttime visibility.
For existing platforms, a should be
placed along the edge of the parklet, where it meets the sidewalk, for conspicuity. Businesses are responsible
for ensuring their parklets
Businesses are responsible
that their parklets and improvements are ADA compliant.
Parklets cannot obstruct public utilities or interfere with drainage or storm drains. All parklets must be designed and built outside of the gutter lines in order to accommodate platform must be entirely above the gutter.
Portable heaters and lighting are permitted, however, please ensure proper clearance to trees, awnings, and umbrellas to Heaters and lighting must be self-contained, with no wires or the parklet barrier is preferred.
Overhead lighting elements are discouraged.
Parklets must be easily removed and may not cause any
must be temporary.
rain events. These guidelines require businesses to maintain drainage along the street and gutter lines at all times.
Business owners are fully responsible for assuring that their existing platforms and other outdoor features are constructed City of Santa Barbara
DOWNTOWN PARKING
For winter, businesses may wish to modify parklets for the comfort of their guests.
Tents and canopies must be adequately roped, braced,
and anchored to withstand the elements and avoid
collapsing. Businesses must maintain required clearance combustible materials.
Tents and heaters are subject to Fire Department
inspection and approval. Any tent exceeding 700 square
feet requires a permit before it is erected. Call 805-965- 5254 to arrange for inspection or permitting. Please refer to the Guidelines for the Use of Tents, Canopies, or Shade Structures and Heating Elements in Temporary Parklets for additional details.
During the Interim Period, new parklet design must conform to materials are now listed that may be used to create temporary parklets. Please see the Design Guidelines for additonal detail.
Some examples of approved materials:
Wrought Iron
• Vertical wood elements with a top railing
• Planters
Platforms must be constructed with wood. If no platform is constructed, surface materials should not be used.
Plants are encouraged to screen parklets. Plants should be lowmaintenance and drought tolerant. Approved planter materials include:
• Painted or stained wood (see approved colors)
• Natural concrete pots or planters
• Terracotta clay or plastic pots
Wooden and iron elements must be painted or stained
also use approved colors. For approved colors, refer to at
City of Santa Barbara
DOWNTOWN PARKING
All businesses that establish parklets in the public rightbusiness insurance carrier naming the City as Additionally The City of Santa Barbara reserves the right to remove
parklets and clear the right-of-way at its
sole discretion. Please contact Sarah Clark at
for pre-approval of your parklet
design. Once a parklet following the above guidelines is with the business
address in the subject.
The novel coronavirus pandemic has caused unprecedented challenges for businesses required to close for indoor dining and reduce their services to take out and delivery for an extended period of time. As of June 15, 2021, City of Santa Barbara food service businesses can reopen at full capacity.
The City invites businesses who wish to operate safely under public health restrictions to create temporary outdoor
dining areas, known as parklets, in curbside, on-street parking spaces. Parklets provide food service businesses with additional outdoor seating capacity.
Economic Recovery Ordinance No. 5944, which expires on
March 8, 2022. Upon expiration of the ordinance, parklets may no longer be necessary and may be discontinued. A
business would then remove their parklet and restore the parking and sidewalk area to its original condition.
If you have questions or need additional guidance, please send an email to .
Checklist. These forms are required for all businesses, even if you have already been open and operating.
If you have questions or need additional guidance,
please send an email to
.
The operation of parklets under tents or other membrane structures is subject to the requirements of the California Code of Regulations, Title 19, Division 1 and Chapters 3 and 31 of the California Fire Code.
All heaters and tents are subject to Fire Department inspection.
Tents require a Fire Department permit if they exceed 700 square feet (call 805-965-5254 for permit).
Tents must be adequately roped, braced, and anchored to withstand the elements and avoid collapsing.
Staking of tents is prohibited in the public rights-of-way. Tethering or securing tents to trees is prohibited.
A tent is required to have two means of egress if the occupant load exceeds 10.
Seating arrangements in tents are subject to Covid-19 restrictions and the requirements of Chapter 10 of the Fire and Building Codes.
sidewalk and lower street elevation.
Smoking is prohibited under tents at all times. Santa Barbara is a .
Heating equipment subject to Section 3104 of the Fire Code and requires Fire Department approval.
Gas heaters must adhere to the California Mechanical Code; heating equipment may not be located within 10 feet of the tent exit.
of the tent fabric.
Electrical heaters shall be installed pursuant to the California Electrical Code.
Clearance from any ignition source to any combustible material must be maintained in an approved manner.
Candles may only be used in approved and stable candle holders on individual tables in dining establishments. Under no circumstances shall hand held candles be permitted.
In the event strict compliance is not achievable, alternate means of compliance must be approved by the Fire Department All tent supports or legs must be weighted.
Each tent leg must have a minimum of 40 pounds.
Weights must be securely attached to tent roof and tent leg separately.
Ropes and straps should be high quality.
Bungee or rubber straps are prohibited.
Weights must be on the ground and not dangling.
For maximum safety, tents should be secured as soon as they are put up, and brought down as soon as weight is removed.
Do not leave tents unsecured at any time.
City of Santa Barbara
DOWNTOWN PARKING
5 gallon bucket full of sand or concrete
available)
Sandbags 40 pounds or heavier
It is the responsibility of each restaurant operator to provide outdoor dining in full compliance with the Americans with Disabilities Act (ADA) and the California Building Code Standards (CBC). The requirements listed below were developed as part of the overall Parklet guidelines in order to assist restaurant operators with meeting these compliance requirements. Nothing contained herein shall replace or diminish any of the requirements under the ADA or CBC.
Ramps must be at least 4 feet wide.
8.3% (1:12) maximum running slope (parallel to the direction of travel).
A level landing at the top of the ramp measuring at least 4 feet by 4 feet.
Accessible, unobstructed path of travel from the sidewalk pedestrian path to the ramp.
Edge protection is required on each side of the ramp. A curb or barrier that prevents the passage of a 4-inch diameter sphere must be provided along both edges of the ramp. To prevent wheel entrapment, the edge protection must provide a continuous, uninterrupted barrier along the edge of the ramp.
City of Santa Barbara
DOWNTOWN PARKING
Table surface between 28 to 34 inches high.
Knee clearance extends at least 19 inches under the table.
Minimum distance of 4 feet to the nearest obstruction.
International Symbol of Accessibility displayed at the table.
Maintain an accessible path of travel to the table.
Accessible dining tables and standing surfaces must be dispersed throughtout the space.
City of Santa Barbara
DOWNTOWN PARKING
Create order.
Simplify parklet design and eliminate visual clutter.
Provide a simple, coordinated palette for colors, materials, and plants.
Encourage simple outdoor patio furniture.
Encourage use of low-maintenance plants.
Encourage collaboration with neighbors to create the best aesthetic.
Encourage well-placed, beautiful, well-designed signage.
Encourage the use of color and art.
City of Santa Barbara
DOWNTOWN PARKING
Black iron.
Dark-stained or painted vertical wood elements with a top rail or cap. See below for approved colors.
Planters. Use unique, hearty, low-maintenance, drought-tolerant plants.
Thick connecting ropes attached to wood or metal posts.
Platforms must be constructed with wood painted or stained in a dark, approved color.
Platforms may not be constructed in the gutter.
If no platform is constructed, surface materials should not be used.
Outdoor dining areas should use simple patio furniture designs. Plastic or vinyl furniture is prohibited.
Where lighting is used, it should be placed at a low level - in plantings or along barrier fencing. Overhead lighting is discouraged. All lighting should be white.
The following design elements are discouranged:
Pop-up tents
Overhead elements
Outdoor carpeting or faux lawn products
Plastic or vinyl fences, trellis, or furniture
Picket fencing
Hinged metal pet enclosures
Excessive decoration
Platforms
Fixed enclosures
Overhead elements
City of Santa Barbara
DOWNTOWN PARKING
use approved colors. For approved colors, refer to “Santa Barbara Colors: A Guide to Painting Buildings” at City of Santa Barbara
DOWNTOWN PARKING
February 3, 2023
Dear Meagan Salas:
The following is in response to your request for proof of delivery on your item with the tracking number:
9171 9690 0935 0223 8114 59.
Thank you for selecting the United States Postal Service® for your mailing needs. If you require additional assistance, please contact your local Post Office™ or a Postal representative at 1-800-222-1811.
Sincerely,
United States Postal Service®
475 L'Enfant Plaza SW
Washington, D.C. 20260-0004
Item Details
Status: Delivered, Left with Individual
Status Date / Time: February 3, 2023, 12:50 pm
Location: GOLETA, CA 93117
Postal Product: First-Class Mail®
Extra Services: Certified Mail™
Return Receipt Electronic
Recipient Signature
Signature of Recipient:
Address of Recipient:
Note: Scanned image may reflect a different destination address due to Intended Recipient's delivery instructions on file.
A parklet is an innovative way to temporarily expand a
business’ outdoor operating space on a public street.
Built and maintained by neighboring businesses,
parklets are outdoor business areas located within an
existing parking lane adjacent to the curb and designed as an extension of the sidewalk. Please carefully review these Guidelines if you plan to expand onto the public
right-of-way during this Interim Period. Before any
new parklet is created, the business must submit the
proposed design showing dimensions and materials
for City approval. Contact Parking Operations at
for pre-approval.
Any business permitted to operate outdoors under State
and local public health directives may create a parklet, provided the location meets the following criteria:
X
X
X
X
X
X
X
X
X
X
X
X
X
X
City of Santa Barbara
DOWNTOWN PARKING
City of Santa Barbara
Parklets are a maximum of 6 feet wide from the edge of the curb and may extend the length of a business’s property frontage. Please work closely with your neighbors if you plan exceed in width the frontage of your business.
Each parklet must be surrounded on the three street-adjacent sides with a barrier to establish the boundaries of the parklet. parklet is near a driveway or intersection so critical sight lines each corner, at a minimum, to ensure nighttime visibility.
For existing platforms, a should be
placed along the edge of the parklet, where it meets the sidewalk, for conspicuity. Businesses are responsible
for ensuring their parklets
Businesses are responsible
that their parklets and improvements are ADA compliant.
Parklets cannot obstruct public utilities or interfere with drainage or storm drains. All parklets must be designed and built outside of the gutter lines in order to accommodate platform must be entirely above the gutter.
Portable heaters and lighting are permitted, however, please ensure proper clearance to trees, awnings, and umbrellas to Heaters and lighting must be self-contained, with no wires or the parklet barrier is preferred.
Overhead lighting elements are discouraged.
Parklets must be easily removed and may not cause any
must be temporary.
rain events. These guidelines require businesses to maintain drainage along the street and gutter lines at all times.
Business owners are fully responsible for assuring that their existing platforms and other outdoor features are constructed City of Santa Barbara
DOWNTOWN PARKING
For winter, businesses may wish to modify parklets for the comfort of their guests.
Tents and canopies must be adequately roped, braced,
and anchored to withstand the elements and avoid
collapsing. Businesses must maintain required clearance combustible materials.
Tents and heaters are subject to Fire Department
inspection and approval. Any tent exceeding 700 square
feet requires a permit before it is erected. Call 805-965- 5254 to arrange for inspection or permitting. Please refer to the Guidelines for the Use of Tents, Canopies, or Shade Structures and Heating Elements in Temporary Parklets for additional details.
During the Interim Period, new parklet design must conform to materials are now listed that may be used to create temporary parklets. Please see the Design Guidelines for additonal detail.
Some examples of approved materials:
Wrought Iron
• Vertical wood elements with a top railing
• Planters
Platforms must be constructed with wood. If no platform is constructed, surface materials should not be used.
Plants are encouraged to screen parklets. Plants should be lowmaintenance and drought tolerant. Approved planter materials include:
• Painted or stained wood (see approved colors)
• Natural concrete pots or planters
• Terracotta clay or plastic pots
Wooden and iron elements must be painted or stained
also use approved colors. For approved colors, refer to at
City of Santa Barbara
DOWNTOWN PARKING
All businesses that establish parklets in the public rightbusiness insurance carrier naming the City as Additionally The City of Santa Barbara reserves the right to remove
parklets and clear the right-of-way at its
sole discretion. Please contact Sarah Clark at
for pre-approval of your parklet
design. Once a parklet following the above guidelines is with the business
address in the subject.
The novel coronavirus pandemic has caused unprecedented challenges for businesses required to close for indoor dining and reduce their services to take out and delivery for an extended period of time. As of June 15, 2021, City of Santa Barbara food service businesses can reopen at full capacity.
The City invites businesses who wish to operate safely under public health restrictions to create temporary outdoor
dining areas, known as parklets, in curbside, on-street parking spaces. Parklets provide food service businesses with additional outdoor seating capacity.
Economic Recovery Ordinance No. 5944, which expires on
March 8, 2022. Upon expiration of the ordinance, parklets may no longer be necessary and may be discontinued. A
business would then remove their parklet and restore the parking and sidewalk area to its original condition.
If you have questions or need additional guidance, please send an email to .
Checklist. These forms are required for all businesses, even if you have already been open and operating.
If you have questions or need additional guidance,
please send an email to
.
The operation of parklets under tents or other membrane structures is subject to the requirements of the California Code of Regulations, Title 19, Division 1 and Chapters 3 and 31 of the California Fire Code.
All heaters and tents are subject to Fire Department inspection.
Tents require a Fire Department permit if they exceed 700 square feet (call 805-965-5254 for permit).
Tents must be adequately roped, braced, and anchored to withstand the elements and avoid collapsing.
Staking of tents is prohibited in the public rights-of-way. Tethering or securing tents to trees is prohibited.
A tent is required to have two means of egress if the occupant load exceeds 10.
Seating arrangements in tents are subject to Covid-19 restrictions and the requirements of Chapter 10 of the Fire and Building Codes.
sidewalk and lower street elevation.
Smoking is prohibited under tents at all times. Santa Barbara is a .
Heating equipment subject to Section 3104 of the Fire Code and requires Fire Department approval.
Gas heaters must adhere to the California Mechanical Code; heating equipment may not be located within 10 feet of the tent exit.
of the tent fabric.
Electrical heaters shall be installed pursuant to the California Electrical Code.
Clearance from any ignition source to any combustible material must be maintained in an approved manner.
Candles may only be used in approved and stable candle holders on individual tables in dining establishments. Under no circumstances shall hand held candles be permitted.
In the event strict compliance is not achievable, alternate means of compliance must be approved by the Fire Department All tent supports or legs must be weighted.
Each tent leg must have a minimum of 40 pounds.
Weights must be securely attached to tent roof and tent leg separately.
Ropes and straps should be high quality.
Bungee or rubber straps are prohibited.
Weights must be on the ground and not dangling.
For maximum safety, tents should be secured as soon as they are put up, and brought down as soon as weight is removed.
Do not leave tents unsecured at any time.
City of Santa Barbara
DOWNTOWN PARKING
5 gallon bucket full of sand or concrete
available)
Sandbags 40 pounds or heavier
It is the responsibility of each restaurant operator to provide outdoor dining in full compliance with the Americans with Disabilities Act (ADA) and the California Building Code Standards (CBC). The requirements listed below were developed as part of the overall Parklet guidelines in order to assist restaurant operators with meeting these compliance requirements. Nothing contained herein shall replace or diminish any of the requirements under the ADA or CBC.
Ramps must be at least 4 feet wide.
8.3% (1:12) maximum running slope (parallel to the direction of travel).
A level landing at the top of the ramp measuring at least 4 feet by 4 feet.
Accessible, unobstructed path of travel from the sidewalk pedestrian path to the ramp.
Edge protection is required on each side of the ramp. A curb or barrier that prevents the passage of a 4-inch diameter sphere must be provided along both edges of the ramp. To prevent wheel entrapment, the edge protection must provide a continuous, uninterrupted barrier along the edge of the ramp.
City of Santa Barbara
DOWNTOWN PARKING
Table surface between 28 to 34 inches high.
Knee clearance extends at least 19 inches under the table.
Minimum distance of 4 feet to the nearest obstruction.
International Symbol of Accessibility displayed at the table.
Maintain an accessible path of travel to the table.
Accessible dining tables and standing surfaces must be dispersed throughtout the space.
City of Santa Barbara
DOWNTOWN PARKING
Create order.
Simplify parklet design and eliminate visual clutter.
Provide a simple, coordinated palette for colors, materials, and plants.
Encourage simple outdoor patio furniture.
Encourage use of low-maintenance plants.
Encourage collaboration with neighbors to create the best aesthetic.
Encourage well-placed, beautiful, well-designed signage.
Encourage the use of color and art.
City of Santa Barbara
DOWNTOWN PARKING
Black iron.
Dark-stained or painted vertical wood elements with a top rail or cap. See below for approved colors.
Planters. Use unique, hearty, low-maintenance, drought-tolerant plants.
Thick connecting ropes attached to wood or metal posts.
Platforms must be constructed with wood painted or stained in a dark, approved color.
Platforms may not be constructed in the gutter.
If no platform is constructed, surface materials should not be used.
Outdoor dining areas should use simple patio furniture designs. Plastic or vinyl furniture is prohibited.
Where lighting is used, it should be placed at a low level - in plantings or along barrier fencing. Overhead lighting is discouraged. All lighting should be white.
The following design elements are discouranged:
Pop-up tents
Overhead elements
Outdoor carpeting or faux lawn products
Plastic or vinyl fences, trellis, or furniture
Picket fencing
Hinged metal pet enclosures
Excessive decoration
Platforms
Fixed enclosures
Overhead elements
City of Santa Barbara
DOWNTOWN PARKING
use approved colors. For approved colors, refer to “Santa Barbara Colors: A Guide to Painting Buildings” at City of Santa Barbara
DOWNTOWN PARKING
March 15, 2023
Dear Meagan Salas:
The following is in response to your request for proof of delivery on your item with the tracking number:
9171 9690 0935 0223 8119 16.
Thank you for selecting the United States Postal Service® for your mailing needs. If you require additional assistance, please contact your local Post Office™ or a Postal representative at 1-800-222-1811.
Sincerely,
United States Postal Service®
475 L'Enfant Plaza SW
Washington, D.C. 20260-0004
Item Details
Status: Delivered, Front Desk/Reception/Mail Room
Status Date / Time: March 13, 2023, 4:49 pm
Location: GOLETA, CA 93117
Postal Product: First-Class Mail®
Extra Services: Certified Mail™
Return Receipt Electronic
Recipient Signature
Signature of Recipient:
Address of Recipient:
Note: Scanned image may reflect a different destination address due to Intended Recipient's delivery instructions on file.
SUSPENSION NOTICE
REMOVAL ORDER
April 17, 2023
Kim and Andy Busch
2323 Old Coast Hwy
Gaviota, CA 93117
SUBJECT: 1294 Coast Village Road – Folded Hills
Dear Kim and Andy Busch:
Please be advised that the authorization to operate and maintain an outdoor business facility at 1294 Coast Village Road is hereby suspended. Further you are hereby ordered to completely remove the outdoor business facility from the public right-of-way at 1294 Coast Village Road not later than April 24, 2023 (“Removal Date”). If you fail to remove the outdoor business facility by the Removal Date it may be removed by City employees or contractors at your sole cost of removal, impoundment, storage, and disposal. This notice and order are issued under City of Santa Barbara Ordinance No. 6055. This notice and order is based upon continued failure to remedy ADA violations as required by Ordinance No. 6055 and its implementing guidelines.
This notice and order were posted on the outdoor business facility as follows:
Posted Date: _________________________________________________ Posted Time: ________________________________________________ Removal Date: _______________________________________________ DESCRIPTION OF ORDINANCE VIOLATION(S):
The subject property was initially inspected on December 22, 2022, and was found to be in violation of Ordinance No. 6055. City staff observed no ramp was provided; a CBC-compliant ramp must be provided at all time when factility is open to customers. A Correction Notice was issued, with a deadline to correct the violations by January 21, 2023.
April 17, 2023
3:00 PM
April 24, 2023
1294 Coast Village Road– Folded Hills
April 17, 2023
The property was re-inspected on January 25, 2023. City staff observed that no ramp was provided; a CBC-compliant ramp must be provided at all time when factility is open to customers. An Administrative Citation was issued, with a deadline to correct the violations by February 14, 2023.
The property was inspected a third time on March 8, 2023. City staff observed that the provided ramp slope exceeds 8.3% and was less than 48’' wide, additionally, the ramp was not always provided when the parklet is open to customers. A second Administrative Citation was issued with a deadline to correct the violations by March 24, 2023.
The facility was inspected a final time on April 7, 2023. City staff again observed that the provided ramp slope exceeds 8.3% and was less than 48’' wide, additionally, the ramp was not always provided when the parklet is open to customers. The violations remain as of the date of this notice.
You must remove the outdoor business facility by the Removal Date. You may appeal the suspension to the City Council by filing a notice of appeal with the City Clerk. Filing an appeal does not affect the obligation to remove the facility. If you care to discuss this issue further or have any questions, please email me at [email protected], or call (805) 564-5656 x4611 between the hours of 8:30 and 4:30 p.m., Monday through Thursday and every other Friday. Your cooperation is solicited in the timely removal of the outdoor dining structure.
Si usted tiene preguntas respecto a la notificación y prefiere hablar con alguien en español, por favor llame la línea de investigaciones al (805) 897-2676. Deje su número de teléfono, y un mensaje corto.
Sincerely,
Meghan Salas
Parking Programs Supervisor
City of Santa Barbara
Posted Date: _________________________
Posted Time: _________________________
Removal Date: _________________________
If the Business OR PROPERTY OWNER fails to comply with this notice the structure and related equipment and fixtures may be dismantled and removed by the City at the owner’s expense.
Dismantled materials may be discarded as solid waste.
The parklet/outdoor business structure and all related equipment and fixtures to which this notice is attached must be removed not later than the removal date stated above for the following reason:
This business is no longer actively operating in this approved space.
The structure has been determined by the City to be unsafe or not in compliance with applicable guidelines.
Please remove all items and return area to its previous condition. Any remaining materials will be considered abandoned and taken to the County landfill for disposal.
Downtown Parking Office 805-564-5656
ORDINANCE 5944 / 5933
April 17, 2023
3:00 PM
April 24, 2023
CITY OF SANTA BARBARA
COUNCIL AGENDA REPORT
AGENDA DATE: May 23, 2023
TO: Mayor and Councilmembers
FROM: Downtown Team Division, Public Works Department
SUBJECT: Appeal of the Suspension of Authorization to Operate and Maintain a Parklet at Courthouse Tavern at 129 East Anapamu Street RECOMMENDATION:
That Council consider Billy Valdez’s appeal of the City Administrator’s suspension of the authorization to operate and maintain a parklet at Courthouse Tavern, located at 129 East Anapamu Street.
DISCUSSION:
Enforcement History ADA Appeals
Courthouse Tavern
Action Date Compliance Deadline
First Inspection November 9, 2022 -
Notice of Violation Issued November 9, 2022 December 8, 2022 Second Inspection January 19, 2023 -
Administrative Citation Issued January 27, 2023 February 14, 2023 Third Inspection February 23, 2023 -
Administrative Citation Issued March 13, 2023 March 29, 2023 Final Inspection April 7, 2023 -
Removal Notice Issued April 17, 2023 April 24, 2023
On May 27, 2020, City Council adopted Emergency Economic Recovery Ordinance No. 5944 (EERO), authorizing food service businesses to establish temporary outdoor dining areas (parklets) in the public right-of-way. Ordinance No. 5944 was amended and extended as Ordinance Nos. 5963 and 5993, before being replaced by Economic Recovery Extension and Transition Ordinance No. 6055 (ERETO). Following adoption of the EERO, Courthouse Tavern constructed a parklet in the roadway in front of 129 East Anapamu Street, which continues to operate under the ERETO.
The EERO specified that for all parklets, “Access required under the Americans with Disabilities Act shall be maintained at all times.” The ERETO continues to mandate Agenda Item No. 20
File Code No.
Council Agenda Report
Appeal of the Suspension of Authorization to Operate and Maintain a Parklet at Courthouse Tavern at 129 East Anapamu Street
May 23, 2023
accessibility by requiring businesses to adhere to the City of Santa Barbara Parklet Guidelines (Parklet Guidelines), as established by the City Administrator. The Parklet Guidelines state, “It is the responsibility of each restaurant operator to provide outdoor dining in full compliance with the Americans with Disabilities Act (ADA) and the California Building Code (CBC),” and provide detailed specifications for accessible ramps, seating, and maneuvering space.
Beginning in late 2022, City of Santa Barbara (City) staff began a focused effort to enforce accessibility requirements in parklets outside of the State Street Promenade. City staff worked with contracted Certified Access Specialists (CASps) to inspect parklets and issue correction notices. Enforcement actions were undertaken as needed, according to Santa Barbara Municipal Code Chapters 1.25 and 1.28.
Enforcement History
The subject property was initially inspected for ADA compliance on November 9, 2022, at 4:17 p.m. City staff and CASps from M6 Consulting performed the inspection. At this inspection, the team observed an accessible table was not provided within the parklet.
The inspection team explained the violations and compliance requirements to an employee of the business. A Notice of Violation (NOV) was issued and acknowledged by an employee at the completion of the inspection. The NOV described the violations; gave a correction deadline of December 8, 2022; and included a copy of the Parklet Guidelines.
Please see Attachment 2 for a copy of the NOV.
The CASps re-inspected the parklet on January 19, 2023, and observed the previously noticed violation had not been resolved. On January 27, 2023, City staff issued a Notice of Administrative Citation (NOAC) to the business describing the violations, including photographs of the violations, a copy of the NOV, and the Parklet Guidelines, and gave a compliance deadline of February 14, 2023. The NOAC was hand delivered to the business and mailed via certified mail to the agent of record. Per the certified mail proof of delivery, the notice was delivered and signed for on January 28, 2023. Please see Attachment 3 for a copy of the NOAC and proof of delivery.
The CASps inspected the parklet for a third time on February 23, 2023, and observed no accessible table within the parklet. The consultants observed a new table had been placed in the parklet, but it did not meet the ADA requirements for width or height. Tables or counter legs, bases, or supports must be at least 30 inches apart, as measured from the narrowest point. The space between the floor and bottom of the table must be at least 27 inches high. The table placed in the parklet did not meet these specifications. On March 13, 2023, City staff issued a second NOAC to the business describing the violation and included photographs of the non-compliant table, a copy of the original NOV, and another copy of the Parklet Guidelines. The second notice gave a final compliance deadline of March 29, 2023. The second NOAC was hand delivered to the business and mailed via certified mail to the agent of record. Per the certified mail proof of delivery, the notice was delivered and signed for on March 13, 2023. Please see Attachment 4 for a copy of the second NOAC and proof of delivery.
Council Agenda Report
Appeal of the Suspension of Authorization to Operate and Maintain a Parklet at Courthouse Tavern at 129 East Anapamu Street
May 23, 2023
Following the second NOAC, the CASps inspected the parklet a final time on April 7, 2023, and again, observed no accessible table provided in the parklet.
Per Section 7 of the ERETO, “The authorization [to operate a temporary outdoor business facility] shall be suspended for any business that is subject to more than two enforcement actions.” On April 17, 2023, City staff confirmed the violation had still not been corrected and issued a Suspension Notice Removal Order (Attachment 5) with a removal date of April 24, 2023, as authorized by Section 7 of the ERETO. The Suspension Notice Removal Order was hand delivered to the business and a Removal Notice was posted on the facility. Please see Attachment 6 for a copy of the Removal Notice posted at the business.
Courthouse Tavern failed to construct their parklet to ADA and CBC accessibility standards. When notified of their violation and given three opportunities to bring the parklet into compliance, they failed to do so in a timely manner. Courthouse Tavern has exhausted their opportunities to resolve accessibility violations in their parklet.
Please see Attachment 1 for the appellant’s letter of appeal and statement.
BUDGET/FINANCIAL INFORMATION:
The proposed action has no financial impact on the City.
ATTACHMENT(S): 1) Courthouse Tavern Letter of Appeal
2) Copy of Notice of Violation
3) Copy of First Administrative Citation
4) Copy of Second Administrative Citation
5) Copy of Suspension Notice Removal Order
6) Copy of Removal Order Notice
PREPARED BY: Sarah Clark, Acting Downtown Team Manager/MS/nv SUBMITTED BY: Clifford M. Maurer, P.E., Public Works Director APPROVED BY: City Administrator’s Office
129 East Anapamu – Courthouse Tavern
January 27, 2023
OPPORTUNITY FOR APPEAL
You have the right to appeal the imposition of this fine by filing a written appeal with the City Hearing Administrator through the Citation Processing Center as outlined below.
Appeals are deemed filed when the City receives a signed letter of appeal. To be timely, the Citation Processing Center must receive an appeal request within 10 days of the date of this Notice of Administrative Citation. Please note you may only contest the Notice of Administrative Citation for the following reasons:
1. Denying that a violation occurred;
2. Denying that the violation was not corrected within the required correction period; or,
3. Establishing that you are not the owner of the real property or the owner of the business at the time the violation should have been corrected.
PAYMENTS AND APPEALS
You will receive a bill from the citation processing center which must be paid within 30 days of the date of receiving the bill.
To pay or appeal this citation, please see the information below:
Website for payments/appeals: www.CitationProcessingCenter.com Phone number: 800-969-6158
7275, Newport Beach, CA. 92658-7275.
The violation(s) identified in this notice constitute a public nuisance and the City can enforce collection of unpaid administrative fines as a lien or special assessment on the subject real property. A City department may also refuse to accept an application for a City permit or license, or refuse to issue, extend, or renew to any person, who has unpaid delinquent fines, liens, or assessments, any City permit, license, or other City approval pertaining to the real property which is the subject of this Notice of Administrative Citation and an unpaid administrative fine.
This Notice shall satisfy the notice requirements of Government Code Sections 38773.1 and 38773.5 when a Notice of Administrative Citation is served on the person. In addition, the Public Works Director shall send notice by First-Class Mail to each property owner at least 10 days before the City Council considers the resolution to certify the amounts of the liens and special assessments, stating the date, time, and location of the meeting.
The lien or special assessment shall be imposed on the date the Notice of Administrative Citation for the Ordinance violation is issued to the responsible person and will go into effect shall become effective upon the recording of a Notice of Lien or Special Assessment by the County Recorder.
129 East Anapamu – Courthouse Tavern
January 27, 2023
Subsequent violations of the Ordinance within 12 months of the date of this Notice of Administrative Citation will result in the imposition of another Administrative Citation Fine without further warnings from this office. Fines for a Second Offense within 12 months are $200.00 per day, per violation. Fines for a Third Offense within 12 months are $250.00 per day, per violation, and is referred to the City Attorney’s Office with no further warning letters. Payment of an Administrative Fine does not excuse the responsible party from correcting the Ordinance violation(s).
In addition, under Section 7.C of Ordinance No. 6055, the City may suspend your ability to maintain and operate an outdoor business facility for any business subject to more than two enforcement actions. If the City suspends your authorization to operate a temporary business facility in the public right-of-way, your business facility must be removed from the right-of-way.
If you wish to discuss this issue further or have any questions, please email me at [email protected] or call (805) 564-5470 x4610 between 8:30 a.m. and 4:30 p.m., Monday through Thursday, and every other Friday. Your cooperation is solicited in the abatement of this violation.
Si usted tiene preguntas respecto a la notificación y prefiere hablar con alguien en español, por favor llame la línea de investigaciones al (805) 897-2676. Deje su número de teléfono, la dirección del domicilió respecto a la notificación, el número ENF en la notificación, y un mensaje corto.
Sincerely,
Meghan Salas
Parking Programs Supervisor
Attachments:
1. Image(s) of follow-up inspection on January 19, 2023.
2. Correction Notice from November 9, 2022.
3. City of Santa Barbara’s Parklet Guidelines.
129 East Anapamu – Courthouse Tavern
January 27, 2023
Attachment 1: Image(s) of follow-up inspection on January 19, 2023 Insufficient accessible seating. At least 5% of seating spaces must be accessible.
A parklet is an innovative way to temporarily expand a
business’ outdoor operating space on a public street.
Built and maintained by neighboring businesses,
parklets are outdoor business areas located within an
existing parking lane adjacent to the curb and designed as an extension of the sidewalk. Please carefully review these Guidelines if you plan to expand onto the public
right-of-way during this Interim Period. Before any
new parklet is created, the business must submit the
proposed design showing dimensions and materials
for City approval. Contact Parking Operations at
for pre-approval.
Any business permitted to operate outdoors under State
and local public health directives may create a parklet, provided the location meets the following criteria:
X
X
X
X
X
X
X
X
X
X
X
X
X
X
City of Santa Barbara
DOWNTOWN PARKING
City of Santa Barbara
Parklets are a maximum of 6 feet wide from the edge of the curb and may extend the length of a business’s property frontage. Please work closely with your neighbors if you plan exceed in width the frontage of your business.
Each parklet must be surrounded on the three street-adjacent sides with a barrier to establish the boundaries of the parklet. parklet is near a driveway or intersection so critical sight lines each corner, at a minimum, to ensure nighttime visibility.
For existing platforms, a should be
placed along the edge of the parklet, where it meets the sidewalk, for conspicuity. Businesses are responsible
for ensuring their parklets
Businesses are responsible
that their parklets and improvements are ADA compliant.
Parklets cannot obstruct public utilities or interfere with drainage or storm drains. All parklets must be designed and built outside of the gutter lines in order to accommodate platform must be entirely above the gutter.
Portable heaters and lighting are permitted, however, please ensure proper clearance to trees, awnings, and umbrellas to Heaters and lighting must be self-contained, with no wires or the parklet barrier is preferred.
Overhead lighting elements are discouraged.
Parklets must be easily removed and may not cause any
must be temporary.
rain events. These guidelines require businesses to maintain drainage along the street and gutter lines at all times.
Business owners are fully responsible for assuring that their existing platforms and other outdoor features are constructed City of Santa Barbara
DOWNTOWN PARKING
For winter, businesses may wish to modify parklets for the comfort of their guests.
Tents and canopies must be adequately roped, braced,
and anchored to withstand the elements and avoid
collapsing. Businesses must maintain required clearance combustible materials.
Tents and heaters are subject to Fire Department
inspection and approval. Any tent exceeding 700 square
feet requires a permit before it is erected. Call 805-965- 5254 to arrange for inspection or permitting. Please refer to the Guidelines for the Use of Tents, Canopies, or Shade Structures and Heating Elements in Temporary Parklets for additional details.
During the Interim Period, new parklet design must conform to materials are now listed that may be used to create temporary parklets. Please see the Design Guidelines for additonal detail.
Some examples of approved materials:
Wrought Iron
• Vertical wood elements with a top railing
• Planters
Platforms must be constructed with wood. If no platform is constructed, surface materials should not be used.
Plants are encouraged to screen parklets. Plants should be lowmaintenance and drought tolerant. Approved planter materials include:
• Painted or stained wood (see approved colors)
• Natural concrete pots or planters
• Terracotta clay or plastic pots
Wooden and iron elements must be painted or stained
also use approved colors. For approved colors, refer to at
City of Santa Barbara
DOWNTOWN PARKING
All businesses that establish parklets in the public rightbusiness insurance carrier naming the City as Additionally The City of Santa Barbara reserves the right to remove
parklets and clear the right-of-way at its
sole discretion. Please contact Sarah Clark at
for pre-approval of your parklet
design. Once a parklet following the above guidelines is with the business
address in the subject.
The novel coronavirus pandemic has caused unprecedented challenges for businesses required to close for indoor dining and reduce their services to take out and delivery for an extended period of time. As of June 15, 2021, City of Santa Barbara food service businesses can reopen at full capacity.
The City invites businesses who wish to operate safely under public health restrictions to create temporary outdoor
dining areas, known as parklets, in curbside, on-street parking spaces. Parklets provide food service businesses with additional outdoor seating capacity.
Economic Recovery Ordinance No. 5944, which expires on
March 8, 2022. Upon expiration of the ordinance, parklets may no longer be necessary and may be discontinued. A
business would then remove their parklet and restore the parking and sidewalk area to its original condition.
If you have questions or need additional guidance, please send an email to .
Checklist. These forms are required for all businesses, even if you have already been open and operating.
If you have questions or need additional guidance,
please send an email to
.
The operation of parklets under tents or other membrane structures is subject to the requirements of the California Code of Regulations, Title 19, Division 1 and Chapters 3 and 31 of the California Fire Code.
All heaters and tents are subject to Fire Department inspection.
Tents require a Fire Department permit if they exceed 700 square feet (call 805-965-5254 for permit).
Tents must be adequately roped, braced, and anchored to withstand the elements and avoid collapsing.
Staking of tents is prohibited in the public rights-of-way. Tethering or securing tents to trees is prohibited.
A tent is required to have two means of egress if the occupant load exceeds 10.
Seating arrangements in tents are subject to Covid-19 restrictions and the requirements of Chapter 10 of the Fire and Building Codes.
sidewalk and lower street elevation.
Smoking is prohibited under tents at all times. Santa Barbara is a .
Heating equipment subject to Section 3104 of the Fire Code and requires Fire Department approval.
Gas heaters must adhere to the California Mechanical Code; heating equipment may not be located within 10 feet of the tent exit.
of the tent fabric.
Electrical heaters shall be installed pursuant to the California Electrical Code.
Clearance from any ignition source to any combustible material must be maintained in an approved manner.
Candles may only be used in approved and stable candle holders on individual tables in dining establishments. Under no circumstances shall hand held candles be permitted.
In the event strict compliance is not achievable, alternate means of compliance must be approved by the Fire Department All tent supports or legs must be weighted.
Each tent leg must have a minimum of 40 pounds.
Weights must be securely attached to tent roof and tent leg separately.
Ropes and straps should be high quality.
Bungee or rubber straps are prohibited.
Weights must be on the ground and not dangling.
For maximum safety, tents should be secured as soon as they are put up, and brought down as soon as weight is removed.
Do not leave tents unsecured at any time.
City of Santa Barbara
DOWNTOWN PARKING
5 gallon bucket full of sand or concrete
available)
Sandbags 40 pounds or heavier
It is the responsibility of each restaurant operator to provide outdoor dining in full compliance with the Americans with Disabilities Act (ADA) and the California Building Code Standards (CBC). The requirements listed below were developed as part of the overall Parklet guidelines in order to assist restaurant operators with meeting these compliance requirements. Nothing contained herein shall replace or diminish any of the requirements under the ADA or CBC.
Ramps must be at least 4 feet wide.
8.3% (1:12) maximum running slope (parallel to the direction of travel).
A level landing at the top of the ramp measuring at least 4 feet by 4 feet.
Accessible, unobstructed path of travel from the sidewalk pedestrian path to the ramp.
Edge protection is required on each side of the ramp. A curb or barrier that prevents the passage of a 4-inch diameter sphere must be provided along both edges of the ramp. To prevent wheel entrapment, the edge protection must provide a continuous, uninterrupted barrier along the edge of the ramp.
City of Santa Barbara
DOWNTOWN PARKING
Table surface between 28 to 34 inches high.
Knee clearance extends at least 19 inches under the table.
Minimum distance of 4 feet to the nearest obstruction.
International Symbol of Accessibility displayed at the table.
Maintain an accessible path of travel to the table.
Accessible dining tables and standing surfaces must be dispersed throughtout the space.
City of Santa Barbara
DOWNTOWN PARKING
Create order.
Simplify parklet design and eliminate visual clutter.
Provide a simple, coordinated palette for colors, materials, and plants.
Encourage simple outdoor patio furniture.
Encourage use of low-maintenance plants.
Encourage collaboration with neighbors to create the best aesthetic.
Encourage well-placed, beautiful, well-designed signage.
Encourage the use of color and art.
City of Santa Barbara
DOWNTOWN PARKING
Black iron.
Dark-stained or painted vertical wood elements with a top rail or cap. See below for approved colors.
Planters. Use unique, hearty, low-maintenance, drought-tolerant plants.
Thick connecting ropes attached to wood or metal posts.
Platforms must be constructed with wood painted or stained in a dark, approved color.
Platforms may not be constructed in the gutter.
If no platform is constructed, surface materials should not be used.
Outdoor dining areas should use simple patio furniture designs. Plastic or vinyl furniture is prohibited.
Where lighting is used, it should be placed at a low level - in plantings or along barrier fencing. Overhead lighting is discouraged. All lighting should be white.
The following design elements are discouranged:
Pop-up tents
Overhead elements
Outdoor carpeting or faux lawn products
Plastic or vinyl fences, trellis, or furniture
Picket fencing
Hinged metal pet enclosures
Excessive decoration
Platforms
Fixed enclosures
Overhead elements
City of Santa Barbara
DOWNTOWN PARKING
use approved colors. For approved colors, refer to “Santa Barbara Colors: A Guide to Painting Buildings” at City of Santa Barbara
DOWNTOWN PARKING
February 2, 2023
Dear Meagan Salas:
The following is in response to your request for proof of delivery on your item with the tracking number:
9171 9690 0935 0237 6899 38.
Thank you for selecting the United States Postal Service® for your mailing needs. If you require additional assistance, please contact your local Post Office™ or a Postal representative at 1-800-222-1811.
Sincerely,
United States Postal Service®
475 L'Enfant Plaza SW
Washington, D.C. 20260-0004
Item Details
Status: Delivered, Left with Individual
Status Date / Time: January 28, 2023, 12:04 pm
Location: SANTA BARBARA, CA 93101
Postal Product: First-Class Mail®
Extra Services: Certified Mail™
Return Receipt Electronic
Recipient Signature
Signature of Recipient:
Address of Recipient:
Note: Scanned image may reflect a different destination address due to Intended Recipient's delivery instructions on file.
A parklet is an innovative way to temporarily expand a
business’ outdoor operating space on a public street.
Built and maintained by neighboring businesses,
parklets are outdoor business areas located within an
existing parking lane adjacent to the curb and designed as an extension of the sidewalk. Please carefully review these Guidelines if you plan to expand onto the public
right-of-way during this Interim Period. Before any
new parklet is created, the business must submit the
proposed design showing dimensions and materials
for City approval. Contact Parking Operations at
for pre-approval.
Any business permitted to operate outdoors under State
and local public health directives may create a parklet, provided the location meets the following criteria:
X
X
X
X
X
X
X
X
X
X
X
X
X
X
City of Santa Barbara
DOWNTOWN PARKING
City of Santa Barbara
Parklets are a maximum of 6 feet wide from the edge of the curb and may extend the length of a business’s property frontage. Please work closely with your neighbors if you plan exceed in width the frontage of your business.
Each parklet must be surrounded on the three street-adjacent sides with a barrier to establish the boundaries of the parklet. parklet is near a driveway or intersection so critical sight lines each corner, at a minimum, to ensure nighttime visibility.
For existing platforms, a should be
placed along the edge of the parklet, where it meets the sidewalk, for conspicuity. Businesses are responsible
for ensuring their parklets
Businesses are responsible
that their parklets and improvements are ADA compliant.
Parklets cannot obstruct public utilities or interfere with drainage or storm drains. All parklets must be designed and built outside of the gutter lines in order to accommodate platform must be entirely above the gutter.
Portable heaters and lighting are permitted, however, please ensure proper clearance to trees, awnings, and umbrellas to Heaters and lighting must be self-contained, with no wires or the parklet barrier is preferred.
Overhead lighting elements are discouraged.
Parklets must be easily removed and may not cause any
must be temporary.
rain events. These guidelines require businesses to maintain drainage along the street and gutter lines at all times.
Business owners are fully responsible for assuring that their existing platforms and other outdoor features are constructed City of Santa Barbara
DOWNTOWN PARKING
For winter, businesses may wish to modify parklets for the comfort of their guests.
Tents and canopies must be adequately roped, braced,
and anchored to withstand the elements and avoid
collapsing. Businesses must maintain required clearance combustible materials.
Tents and heaters are subject to Fire Department
inspection and approval. Any tent exceeding 700 square
feet requires a permit before it is erected. Call 805-965- 5254 to arrange for inspection or permitting. Please refer to the Guidelines for the Use of Tents, Canopies, or Shade Structures and Heating Elements in Temporary Parklets for additional details.
During the Interim Period, new parklet design must conform to materials are now listed that may be used to create temporary parklets. Please see the Design Guidelines for additonal detail.
Some examples of approved materials:
Wrought Iron
• Vertical wood elements with a top railing
• Planters
Platforms must be constructed with wood. If no platform is constructed, surface materials should not be used.
Plants are encouraged to screen parklets. Plants should be lowmaintenance and drought tolerant. Approved planter materials include:
• Painted or stained wood (see approved colors)
• Natural concrete pots or planters
• Terracotta clay or plastic pots
Wooden and iron elements must be painted or stained
also use approved colors. For approved colors, refer to at
City of Santa Barbara
DOWNTOWN PARKING
All businesses that establish parklets in the public rightbusiness insurance carrier naming the City as Additionally The City of Santa Barbara reserves the right to remove
parklets and clear the right-of-way at its
sole discretion. Please contact Sarah Clark at
for pre-approval of your parklet
design. Once a parklet following the above guidelines is with the business
address in the subject.
The novel coronavirus pandemic has caused unprecedented challenges for businesses required to close for indoor dining and reduce their services to take out and delivery for an extended period of time. As of June 15, 2021, City of Santa Barbara food service businesses can reopen at full capacity.
The City invites businesses who wish to operate safely under public health restrictions to create temporary outdoor
dining areas, known as parklets, in curbside, on-street parking spaces. Parklets provide food service businesses with additional outdoor seating capacity.
Economic Recovery Ordinance No. 5944, which expires on
March 8, 2022. Upon expiration of the ordinance, parklets may no longer be necessary and may be discontinued. A
business would then remove their parklet and restore the parking and sidewalk area to its original condition.
If you have questions or need additional guidance, please send an email to .
Checklist. These forms are required for all businesses, even if you have already been open and operating.
If you have questions or need additional guidance,
please send an email to
.
The operation of parklets under tents or other membrane structures is subject to the requirements of the California Code of Regulations, Title 19, Division 1 and Chapters 3 and 31 of the California Fire Code.
All heaters and tents are subject to Fire Department inspection.
Tents require a Fire Department permit if they exceed 700 square feet (call 805-965-5254 for permit).
Tents must be adequately roped, braced, and anchored to withstand the elements and avoid collapsing.
Staking of tents is prohibited in the public rights-of-way. Tethering or securing tents to trees is prohibited.
A tent is required to have two means of egress if the occupant load exceeds 10.
Seating arrangements in tents are subject to Covid-19 restrictions and the requirements of Chapter 10 of the Fire and Building Codes.
sidewalk and lower street elevation.
Smoking is prohibited under tents at all times. Santa Barbara is a .
Heating equipment subject to Section 3104 of the Fire Code and requires Fire Department approval.
Gas heaters must adhere to the California Mechanical Code; heating equipment may not be located within 10 feet of the tent exit.
of the tent fabric.
Electrical heaters shall be installed pursuant to the California Electrical Code.
Clearance from any ignition source to any combustible material must be maintained in an approved manner.
Candles may only be used in approved and stable candle holders on individual tables in dining establishments. Under no circumstances shall hand held candles be permitted.
In the event strict compliance is not achievable, alternate means of compliance must be approved by the Fire Department All tent supports or legs must be weighted.
Each tent leg must have a minimum of 40 pounds.
Weights must be securely attached to tent roof and tent leg separately.
Ropes and straps should be high quality.
Bungee or rubber straps are prohibited.
Weights must be on the ground and not dangling.
For maximum safety, tents should be secured as soon as they are put up, and brought down as soon as weight is removed.
Do not leave tents unsecured at any time.
City of Santa Barbara
DOWNTOWN PARKING
5 gallon bucket full of sand or concrete
available)
Sandbags 40 pounds or heavier
It is the responsibility of each restaurant operator to provide outdoor dining in full compliance with the Americans with Disabilities Act (ADA) and the California Building Code Standards (CBC). The requirements listed below were developed as part of the overall Parklet guidelines in order to assist restaurant operators with meeting these compliance requirements. Nothing contained herein shall replace or diminish any of the requirements under the ADA or CBC.
Ramps must be at least 4 feet wide.
8.3% (1:12) maximum running slope (parallel to the direction of travel).
A level landing at the top of the ramp measuring at least 4 feet by 4 feet.
Accessible, unobstructed path of travel from the sidewalk pedestrian path to the ramp.
Edge protection is required on each side of the ramp. A curb or barrier that prevents the passage of a 4-inch diameter sphere must be provided along both edges of the ramp. To prevent wheel entrapment, the edge protection must provide a continuous, uninterrupted barrier along the edge of the ramp.
City of Santa Barbara
DOWNTOWN PARKING
Table surface between 28 to 34 inches high.
Knee clearance extends at least 19 inches under the table.
Minimum distance of 4 feet to the nearest obstruction.
International Symbol of Accessibility displayed at the table.
Maintain an accessible path of travel to the table.
Accessible dining tables and standing surfaces must be dispersed throughtout the space.
City of Santa Barbara
DOWNTOWN PARKING
Create order.
Simplify parklet design and eliminate visual clutter.
Provide a simple, coordinated palette for colors, materials, and plants.
Encourage simple outdoor patio furniture.
Encourage use of low-maintenance plants.
Encourage collaboration with neighbors to create the best aesthetic.
Encourage well-placed, beautiful, well-designed signage.
Encourage the use of color and art.
City of Santa Barbara
DOWNTOWN PARKING
Black iron.
Dark-stained or painted vertical wood elements with a top rail or cap. See below for approved colors.
Planters. Use unique, hearty, low-maintenance, drought-tolerant plants.
Thick connecting ropes attached to wood or metal posts.
Platforms must be constructed with wood painted or stained in a dark, approved color.
Platforms may not be constructed in the gutter.
If no platform is constructed, surface materials should not be used.
Outdoor dining areas should use simple patio furniture designs. Plastic or vinyl furniture is prohibited.
Where lighting is used, it should be placed at a low level - in plantings or along barrier fencing. Overhead lighting is discouraged. All lighting should be white.
The following design elements are discouranged:
Pop-up tents
Overhead elements
Outdoor carpeting or faux lawn products
Plastic or vinyl fences, trellis, or furniture
Picket fencing
Hinged metal pet enclosures
Excessive decoration
Platforms
Fixed enclosures
Overhead elements
City of Santa Barbara
DOWNTOWN PARKING
use approved colors. For approved colors, refer to “Santa Barbara Colors: A Guide to Painting Buildings” at City of Santa Barbara
DOWNTOWN PARKING
March 15, 2023
Dear Meagan Salas:
The following is in response to your request for proof of delivery on your item with the tracking number:
9171 9690 0935 0223 8119 30.
Thank you for selecting the United States Postal Service® for your mailing needs. If you require additional assistance, please contact your local Post Office™ or a Postal representative at 1-800-222-1811.
Sincerely,
United States Postal Service®
475 L'Enfant Plaza SW
Washington, D.C. 20260-0004
Item Details
Status: Delivered, Left with Individual
Status Date / Time: March 13, 2023, 1:43 pm
Location: SANTA BARBARA, CA 93101
Postal Product: First-Class Mail®
Extra Services: Certified Mail™
Return Receipt Electronic
Recipient Signature
Signature of Recipient:
Address of Recipient:
Note: Scanned image may reflect a different destination address due to Intended Recipient's delivery instructions on file.
SUSPENSION NOTICE
REMOVAL ORDER
April 17, 2023
Warren Butler
129 E Anapamu Street
Santa Barbara, CA 93101
SUBJECT: 129 East Anapamu – Courthouse Tavern
Dear Warren Butler:
Please be advised that the authorization to operate and maintain an outdoor business facility at 129 East Anapamu is hereby suspended. Further you are hereby ordered to completely remove the outdoor business facility from the public right-of-way at 129 East Anapamu not later than April 24, 2023 (“Removal Date”). If you fail to remove the outdoor business facility by the Removal Date it may be removed by City employees or contractors at your sole cost of removal, impoundment, storage, and disposal. This notice and order are issued under City of Santa Barbara Ordinance No. 6055. This notice and order is based upon continued failure to remedy ADA violations as required by Ordinance No. 6055 and its implementing guidelines.
This notice and order were posted on the outdoor business facility as follows:
Posted Date:_________________________________________________ Posted Time: ________________________________________________ Removal Date: _______________________________________________ DESCRIPTION OF ORDINANCE VIOLATION(S):
The subject property was initially inspected on November 9, 2022, and was found to be in violation of Ordinance No. 6055. City staff observed insufficient accessible seating. A Correction Notice was issued, with a deadline to correct the violations by December 8, 2022.
April 17, 2023
3:00 PM
April 24, 2023
129 East Anapamu– Courthouse Tavern
April 17, 2023
The property was re-inspected on January 19, 2023. City staff observed insufficient accessible seating. An Administrative Citation was issued, with a deadline to correct the violations by February 14, 2023.
The property was inspected a third time on February 23, 2023. City staff again observed insufficient accessible seating. A second Administrative Citation was issued with a deadline to correct the violations by March 24, 2023.
The facility was inspected a final time on April 7, 2023. City staff again observed insufficient accessible seating. The violations remain as of the date of this notice.
You must remove the outdoor business facility by the Removal Date. You may appeal the suspension to the City Council by filing a notice of appeal with the City Clerk. Filing an appeal does not affect the obligation to remove the facility. If you care to discuss this issue further or have any questions, please email me at [email protected], or call (805) 564-5656 x4611 between the hours of 8:30 and 4:30 p.m., Monday through Thursday and every other Friday. Your cooperation is solicited in the timely removal of the outdoor dining structure.
Si usted tiene preguntas respecto a la notificación y prefiere hablar con alguien en español, por favor llame la línea de investigaciones al (805) 897-2676. Deje su número de teléfono, y un mensaje corto.
Sincerely,
Meghan Salas
Parking Programs Supervisor
City of Santa Barbara
Posted Date: _________________________
Posted Time: _________________________
Removal Date: _________________________
If the Business OR PROPERTY OWNER fails to comply with this notice the structure and related equipment and fixtures may be dismantled and removed by the City at the owner’s expense.
Dismantled materials may be discarded as solid waste.
The parklet/outdoor business structure and all related equipment and fixtures to which this notice is attached must be removed not later than the removal date stated above for the following reason:
This business is no longer actively operating in this approved space.
The structure has been determined by the City to be unsafe or not in compliance with applicable guidelines.
Please remove all items and return area to its previous condition. Any remaining materials will be considered abandoned and taken to the County landfill for disposal.
Downtown Parking Office 805-564-5656
ORDINANCE 5944 / 5933
April 17, 2023
3:00 PM
April 24, 2023
CITY OF SANTA BARBARA
COUNCIL AGENDA REPORT
AGENDA DATE: May 23, 2023
TO: Mayor and Councilmembers
FROM: Downtown Team Division, Public Works Department
SUBJECT: Appeal of the Suspension of Authorization to Operate and Maintain a Parklet at Trattoria Vittoria at 30 East Victoria Street RECOMMENDATION:
That Council consider Vittoria Comin and Ristorante Vittoria, Inc.’s appeal of the City Administrator’s suspension of the authorization to operate and maintain a parklet at Trattoria Vittoria, located at 30 East Victoria Street.
DISCUSSION:
Enforcement History ADA Appeals
Trattoria Vittoria
Action Date Compliance Deadline
First Inspection November 9, 2022 -
Notice of Violation Issued November 9, 2022 December 8, 2023 Second Inspection January 19, 2023 -
Administrative Citation Issued January 31, 2023 February 14, 2023 Third Inspection February 23, 2023 -
Administrative Citation Issued March 13, 2023 March 29, 2023 Final Inspection April 7, 2023 -
Removal Notice Issued April 17, 2023 April 24, 2023
On May 27, 2020, City Council adopted Emergency Economic Recovery Ordinance No. 5944 (EERO), authorizing food service businesses to establish temporary outdoor dining areas (parklets) in the public right-of-way. Ordinance No. 5944 was amended and extended as Ordinance Nos. 5963 and 5993, before being replaced by Economic Recovery Extension and Transition Ordinance No. 6055 (ERETO). Following adoption of the EERO, Trattoria Vittoria constructed a parklet in the roadway in front of 30 East Victoria Street, which continues to operate under the ERETO.
The EERO specified for all parklets, “Access required under the Americans with Disabilities Act shall be maintained at all times.” The ERETO continues to mandate Agenda Item No. 21
File Code No.
Council Agenda Report
Appeal of the Suspension of Authorization to Operate and Maintain a Parklet at Trattoria Vittoria at 30 East Victoria Street
May 23, 2023
accessibility by requiring businesses to adhere to the City of Santa Barbara Parklet Guidelines (Parklet Guidelines), as established by the City Administrator. The Parklet Guidelines state, “It is the responsibility of each restaurant operator to provide outdoor dining in full compliance with the Americans with Disabilities Act (ADA) and the California Building Code (CBC),” and provide detailed specifications for accessible ramps, seating, and maneuvering space.
Beginning in late 2022, City of Santa Barbara (City) staff began a focused effort to enforce accessibility requirements in parklets outside of the State Street Promenade. City staff worked with contracted Certified Access Specialists (CASps) to inspect parklets and issue correction notices. Enforcement actions were undertaken as needed, according to Santa Barbara Municipal Code Chapters 1.25 and 1.28.
Enforcement History
The subject property was initially inspected for ADA compliance on November 9, 2022, at 2:01 p.m. City staff and CASps from M6 Consulting performed the inspection. At this inspection, the team observed multiple compliance issues with the provided ramp, including: a slope of 6.7% requiring handrails, no handrails, no edge protection, and a vertical edge exceeding half an inch. An accessible table was also not provided. The inspection team explained the violations and compliance requirements to an employee of the business. A Notice of Violation (NOV) was issued and acknowledged by an employee at the completion of the inspection. The NOV described the violations and included a copy of the Parklet Guidelines. Please see Attachment 2 for a copy of the NOV.
The CASps re-inspected the parklet on January 19, 2023, and observed the previously noticed violations had not been resolved. On January 31, 2023, City staff issued a Notice of Administrative Citation (NOAC) to the business describing the violations, including photographs of the violations and a copy of the NOV, and Parklet Guidelines, and gave a compliance deadline of February 14, 2023. The NOAC was hand delivered to the business and mailed via certified mail to the agent of record. Per the certified mail proof of delivery, the notice was delivered and signed for on February 3, 2023. Please see Attachment 3 for a copy of the NOAC and proof of delivery.
The CASps inspected the parklet for a third time on February 23, 2023, and continued to observe the noticed violations had not been resolved. On March 13, 2023, City staff issued a second NOAC to the business describing the violation and included photographs of the non-compliant table, a copy of the original NOV, and another copy of the Parklet Guidelines. The second notice gave a final compliance deadline of March 29, 2023. The second NOAC was hand delivered to the business and mailed via certified mail to the agent of record. Per the certified mail proof of delivery, the notice was delivered and signed for on March 14, 2023. Please see Attachment 4 for a copy of the second NOAC and proof of delivery.
Council Agenda Report
Appeal of the Suspension of Authorization to Operate and Maintain a Parklet at Trattoria Vittoria at 30 East Victoria Street
May 23, 2023
Following the second NOAC, the CASps inspected the parklet a final time on April 7, 2023, and again, observed the non-compliant ramp and no accessible table within the parklet.
Per Section 7 of the ERETO, “The authorization [to operate a temporary outdoor business facility] shall be suspended for any business that is subject to more than two enforcement actions.” On April 17, 2023, City staff confirmed the violations had still not been corrected and issued a Suspension Notice Removal Order (Attachment 5) with a removal date of April 24, 2023, as authorized by Section 7 of the ERETO. The Suspension Notice Removal Order was hand delivered to the business and a Removal Notice was posted on the facility. Please see Attachment 6 for a copy of the Removal Notice posted at the business.
Trattoria Vittoria failed to construct their parklet to ADA and CBC accessibility standards.
When notified of their violation and given three opportunities to bring the parklet into compliance, they failed to do so in a timely manner. Trattoria Vittoria has exhausted their opportunities to resolve accessibility violations in their parklet.
Please see Attachment 1 for the appellant’s letter of appeal and statement.
BUDGET/FINANCIAL INFORMATION:
The proposed action has no financial impact on the City.
ATTACHMENT(S): 1) Trattoria Vittoria Letter of Appeal
2) Copy of Notice of Violation
3) Copy of First Administrative Citation
4) Copy of Second Administrative Citation
5) Copy of Suspension Notice Removal Order
6) Copy of Removal Order Notice
PREPARED BY: Sarah Clark, Acting Downtown Team Manager/MS/nv SUBMITTED BY: Clifford M. Maurer, P.E., Public Works Director APPROVED BY: City Administrator’s Office
30 E Victoria Street – Trattoria Vittoria
January 31, 2023
DESCRIPTION OF ORDINANCE VIOLATION(S):
The City re-inspected the subject property on January 19, 2023. City staff observed no progress to address the previous violations listed below:
Insufficient accessible seating. At least 5% of seating spaces must be accessible.
No edge protection on ramp. Edge protection that prevents the passage of a 4- inch diameter sphere must be provided along each side of the ramp.
Handrails required on ramp. Because ramp slope exceeds 5%, handrails must be provided on both sides of ramp.
Vertical edge(s) at transition exceed(s) 1/2 inch. Abrupt vertical edges ("lips") or variations over 1/2 inch in height are prohibited. Edges or "lips" must be beveled to provide a smooth transition.
REMEDY OF ORDINANCE VIOLATION(S):
To remedy this issue, you must resolve the violation(s) as described above and in the Correction Notice prior to February 14, 2023. A copy of the Notice of Violation/Correction Notice is also attached.
To avoid paying another Administrative Fine pursuant to Santa Barbara Municipal Code Chapter 1.25, you must resolve the violations listed on this Notice of Administrative Citation prior to the abatement date stated above and advise the City that you have done so. If the violations are not corrected by the abatement date, you will be subject to additional administrative citations.
Administrative Citation amounts are calculated as follows:
First Offense, 1st Citation: $100 per violation
Second Offense within a 12-month period: $200 per day, per violation Third Offense within a 12-month period: $250 per day, per violation Each day the violation persists constitutes a separate violation. Payment of an Administrative Fine does not excuse the responsible party from correcting the Ordinance violation(s).
The City of Santa Barbara may use one or more of these remedies, in addition to the Administrative Citation, to gain compliance:
1. File a civil complaint in Superior Court seeking an injunction and penalties of $250 per day;
2. File a criminal complaint in Superior Court alleging misdemeanor violations of the City of Santa Barbara Ordinance; or
3. Suspend authorization to operate a temporary business facility in the public rightof-way. 30 E Victoria Street – Trattoria Vittoria
January 31, 2023
OPPORTUNITY FOR APPEAL
You have the right to appeal the imposition of this fine by filing a written appeal with the City Hearing Administrator through the Citation Processing Center as outlined below.
Appeals are deemed filed when the City receives a signed letter of appeal. To be timely, the Citation Processing Center must receive an appeal request within 10 days of the date of this Notice of Administrative Citation. Please note you may only contest the Notice of Administrative Citation for the following reasons:
1. Denying that a violation occurred;
2. Denying that the violation was not corrected within the required correction period; or,
3. Establishing that you are not the owner of the real property or the owner of the business at the time the violation should have been corrected.
PAYMENTS AND APPEALS
You will receive a bill from the citation processing center which must be paid within 30 days of the date of receiving the bill.
To pay or appeal this citation, please see the information below:
Website for payments/appeals: www.CitationProcessingCenter.com Phone number: 800-969-6158
Mailing address: City of Santa Barba
7275, Newport Beach, CA. 92658-7275.
The violation(s) identified in this notice constitute a public nuisance and the City can enforce collection of unpaid administrative fines as a lien or special assessment on the subject real property. A City department may also refuse to accept an application for a City permit or license, or refuse to issue, extend, or renew to any person, who has unpaid delinquent fines, liens, or assessments, any City permit, license, or other City approval pertaining to the real property which is the subject of this Notice of Administrative Citation and an unpaid administrative fine.
This Notice shall satisfy the notice requirements of Government Code Sections 38773.1 and 38773.5 when a Notice of Administrative Citation is served on the person. In addition, the Public Works Director shall send notice by First-Class Mail to each property owner at least 10 days before the City Council considers the resolution to certify the amounts of the liens and special assessments, stating the date, time, and location of the meeting. The lien or special assessment shall be imposed on the date the Notice of Administrative Citation for the Ordinance violation is issued to the responsible person and will go into effect shall become effective upon the recording of a Notice of Lien or Special Assessment by the County Recorder. 30 E Victoria Street – Trattoria Vittoria
January 31, 2023
Subsequent violations of the Ordinance within 12 months of the date of this Notice of Administrative Citation will result in the imposition of another Administrative Citation Fine without further warnings from this office. Fines for a Second Offense within 12 months are $200.00 per day, per violation. Fines for a Third Offense within 12 months are $250.00 per day, per violation, and is referred to the City Attorney’s Office with no further warning letters. Payment of an Administrative Fine does not excuse the responsible party from correcting the Ordinance violation(s).
In addition, under Section 7.C of Ordinance No. 6055, the City may suspend your ability to maintain and operate an outdoor business facility for any business subject to more than two enforcement actions. If the City suspends your authorization to operate a temporary business facility in the public right-of-way, your business facility must be removed from the right-of-way.
If you wish to discuss this issue further or have any questions, please email me at [email protected] or call (805) 564-5470 x4610 between 8:30 a.m. and 4:30 p.m., Monday through Thursday, and every other Friday. Your cooperation is solicited in the abatement of this violation.
Si usted tiene preguntas respecto a la notificación y prefiere hablar con alguien en español, por favor llame la línea de investigaciones al (805) 897-2676. Deje su número de teléfono, la dirección del domicilió respecto a la notificación, el número ENF en la notificación, y un mensaje corto.
Sincerely,
Meghan Salas
Parking Programs Supervisor
Attachments:
1. Image(s) of follow-up inspection on January 19, 2023.
2. Correction Notice from November 9, 2022.
3. City of Santa Barbara’s Parklet Guidelines.
30 E Victoria Street – Trattoria Vittoria
January 31, 2023
Attachment 1: Image(s) of follow-up inspection on January 19, 2023 Insufficient accessible seating. At least 5% of seating spaces must be accessible. 30 E Victoria Street – Trattoria Vittoria
January 31, 2023
Attachment 2: Image(s) of follow-up inspection on January 19, 2023 No edge protection on ramp. Edge protection that prevents the passage of a 4-inch diameter sphere must be provided along each side of the ramp.
Handrails required on ramp. Because ramp slope exceeds 5%, handrails must be provided on both sides of ramp.
30 E Victoria Street – Trattoria Vittoria
January 31, 2023
Attachment 3: Image(s) of follow-up inspection on January 19, 2023 Vertical edge(s) at transition exceed(s) 1/2 inch. Abrupt vertical edges ("lips") or variations over 1/2 inch in height are prohibited. Edges or "lips" must be beveled to provide a smooth transition.
February 3, 2023
Dear Meagan Salas:
The following is in response to your request for proof of delivery on your item with the tracking number:
9171 9690 0935 0223 8115 72.
Thank you for selecting the United States Postal Service® for your mailing needs. If you require additional assistance, please contact your local Post Office™ or a Postal representative at 1-800-222-1811.
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United States Postal Service®
475 L'Enfant Plaza SW
Washington, D.C. 20260-0004
Item Details
Status: Delivered, Left with Individual
Status Date / Time: February 3, 2023, 2:31 pm
Location: SANTA BARBARA, CA 93101
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Extra Services: Certified Mail™
Return Receipt Electronic
Recipient Signature
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Address of Recipient:
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A parklet is an innovative way to temporarily expand a
business’ outdoor operating space on a public street.
Built and maintained by neighboring businesses,
parklets are outdoor business areas located within an
existing parking lane adjacent to the curb and designed as an extension of the sidewalk. Please carefully review these Guidelines if you plan to expand onto the public
right-of-way during this Interim Period. Before any
new parklet is created, the business must submit the
proposed design showing dimensions and materials
for City approval. Contact Parking Operations at
for pre-approval.
Any business permitted to operate outdoors under State
and local public health directives may create a parklet, provided the location meets the following criteria:
X
X
X
X
X
X
X
X
X
X
X
X
X
X
City of Santa Barbara
DOWNTOWN PARKING
City of Santa Barbara
Parklets are a maximum of 6 feet wide from the edge of the curb and may extend the length of a business’s property frontage. Please work closely with your neighbors if you plan exceed in width the frontage of your business.
Each parklet must be surrounded on the three street-adjacent sides with a barrier to establish the boundaries of the parklet. parklet is near a driveway or intersection so critical sight lines each corner, at a minimum, to ensure nighttime visibility.
For existing platforms, a should be
placed along the edge of the parklet, where it meets the sidewalk, for conspicuity. Businesses are responsible
for ensuring their parklets
Businesses are responsible
that their parklets and improvements are ADA compliant.
Parklets cannot obstruct public utilities or interfere with drainage or storm drains. All parklets must be designed and built outside of the gutter lines in order to accommodate platform must be entirely above the gutter.
Portable heaters and lighting are permitted, however, please ensure proper clearance to trees, awnings, and umbrellas to Heaters and lighting must be self-contained, with no wires or the parklet barrier is preferred.
Overhead lighting elements are discouraged.
Parklets must be easily removed and may not cause any
must be temporary.
rain events. These guidelines require businesses to maintain drainage along the street and gutter lines at all times.
Business owners are fully responsible for assuring that their existing platforms and other outdoor features are constructed City of Santa Barbara
DOWNTOWN PARKING
For winter, businesses may wish to modify parklets for the comfort of their guests.
Tents and canopies must be adequately roped, braced,
and anchored to withstand the elements and avoid
collapsing. Businesses must maintain required clearance combustible materials.
Tents and heaters are subject to Fire Department
inspection and approval. Any tent exceeding 700 square
feet requires a permit before it is erected. Call 805-965- 5254 to arrange for inspection or permitting. Please refer to the Guidelines for the Use of Tents, Canopies, or Shade Structures and Heating Elements in Temporary Parklets for additional details.
During the Interim Period, new parklet design must conform to materials are now listed that may be used to create temporary parklets. Please see the Design Guidelines for additonal detail.
Some examples of approved materials:
Wrought Iron
• Vertical wood elements with a top railing
• Planters
Platforms must be constructed with wood. If no platform is constructed, surface materials should not be used.
Plants are encouraged to screen parklets. Plants should be lowmaintenance and drought tolerant. Approved planter materials include:
• Painted or stained wood (see approved colors)
• Natural concrete pots or planters
• Terracotta clay or plastic pots
Wooden and iron elements must be painted or stained
also use approved colors. For approved colors, refer to at
City of Santa Barbara
DOWNTOWN PARKING
All businesses that establish parklets in the public rightbusiness insurance carrier naming the City as Additionally The City of Santa Barbara reserves the right to remove
parklets and clear the right-of-way at its
sole discretion. Please contact Sarah Clark at
for pre-approval of your parklet
design. Once a parklet following the above guidelines is with the business
address in the subject.
The novel coronavirus pandemic has caused unprecedented challenges for businesses required to close for indoor dining and reduce their services to take out and delivery for an extended period of time. As of June 15, 2021, City of Santa Barbara food service businesses can reopen at full capacity.
The City invites businesses who wish to operate safely under public health restrictions to create temporary outdoor
dining areas, known as parklets, in curbside, on-street parking spaces. Parklets provide food service businesses with additional outdoor seating capacity.
Economic Recovery Ordinance No. 5944, which expires on
March 8, 2022. Upon expiration of the ordinance, parklets may no longer be necessary and may be discontinued. A
business would then remove their parklet and restore the parking and sidewalk area to its original condition.
If you have questions or need additional guidance, please send an email to .
Checklist. These forms are required for all businesses, even if you have already been open and operating.
If you have questions or need additional guidance,
please send an email to
.
The operation of parklets under tents or other membrane structures is subject to the requirements of the California Code of Regulations, Title 19, Division 1 and Chapters 3 and 31 of the California Fire Code.
All heaters and tents are subject to Fire Department inspection.
Tents require a Fire Department permit if they exceed 700 square feet (call 805-965-5254 for permit).
Tents must be adequately roped, braced, and anchored to withstand the elements and avoid collapsing.
Staking of tents is prohibited in the public rights-of-way. Tethering or securing tents to trees is prohibited.
A tent is required to have two means of egress if the occupant load exceeds 10.
Seating arrangements in tents are subject to Covid-19 restrictions and the requirements of Chapter 10 of the Fire and Building Codes.
sidewalk and lower street elevation.
Smoking is prohibited under tents at all times. Santa Barbara is a .
Heating equipment subject to Section 3104 of the Fire Code and requires Fire Department approval.
Gas heaters must adhere to the California Mechanical Code; heating equipment may not be located within 10 feet of the tent exit.
of the tent fabric.
Electrical heaters shall be installed pursuant to the California Electrical Code.
Clearance from any ignition source to any combustible material must be maintained in an approved manner.
Candles may only be used in approved and stable candle holders on individual tables in dining establishments. Under no circumstances shall hand held candles be permitted.
In the event strict compliance is not achievable, alternate means of compliance must be approved by the Fire Department All tent supports or legs must be weighted.
Each tent leg must have a minimum of 40 pounds.
Weights must be securely attached to tent roof and tent leg separately.
Ropes and straps should be high quality.
Bungee or rubber straps are prohibited.
Weights must be on the ground and not dangling.
For maximum safety, tents should be secured as soon as they are put up, and brought down as soon as weight is removed.
Do not leave tents unsecured at any time.
City of Santa Barbara
DOWNTOWN PARKING
5 gallon bucket full of sand or concrete
available)
Sandbags 40 pounds or heavier
It is the responsibility of each restaurant operator to provide outdoor dining in full compliance with the Americans with Disabilities Act (ADA) and the California Building Code Standards (CBC). The requirements listed below were developed as part of the overall Parklet guidelines in order to assist restaurant operators with meeting these compliance requirements. Nothing contained herein shall replace or diminish any of the requirements under the ADA or CBC.
Ramps must be at least 4 feet wide.
8.3% (1:12) maximum running slope (parallel to the direction of travel).
A level landing at the top of the ramp measuring at least 4 feet by 4 feet.
Accessible, unobstructed path of travel from the sidewalk pedestrian path to the ramp.
Edge protection is required on each side of the ramp. A curb or barrier that prevents the passage of a 4-inch diameter sphere must be provided along both edges of the ramp. To prevent wheel entrapment, the edge protection must provide a continuous, uninterrupted barrier along the edge of the ramp.
City of Santa Barbara
DOWNTOWN PARKING
Table surface between 28 to 34 inches high.
Knee clearance extends at least 19 inches under the table.
Minimum distance of 4 feet to the nearest obstruction.
International Symbol of Accessibility displayed at the table.
Maintain an accessible path of travel to the table.
Accessible dining tables and standing surfaces must be dispersed throughtout the space.
City of Santa Barbara
DOWNTOWN PARKING
Create order.
Simplify parklet design and eliminate visual clutter.
Provide a simple, coordinated palette for colors, materials, and plants.
Encourage simple outdoor patio furniture.
Encourage use of low-maintenance plants.
Encourage collaboration with neighbors to create the best aesthetic.
Encourage well-placed, beautiful, well-designed signage.
Encourage the use of color and art.
City of Santa Barbara
DOWNTOWN PARKING
Black iron.
Dark-stained or painted vertical wood elements with a top rail or cap. See below for approved colors.
Planters. Use unique, hearty, low-maintenance, drought-tolerant plants.
Thick connecting ropes attached to wood or metal posts.
Platforms must be constructed with wood painted or stained in a dark, approved color.
Platforms may not be constructed in the gutter.
If no platform is constructed, surface materials should not be used.
Outdoor dining areas should use simple patio furniture designs. Plastic or vinyl furniture is prohibited.
Where lighting is used, it should be placed at a low level - in plantings or along barrier fencing. Overhead lighting is discouraged. All lighting should be white.
The following design elements are discouranged:
Pop-up tents
Overhead elements
Outdoor carpeting or faux lawn products
Plastic or vinyl fences, trellis, or furniture
Picket fencing
Hinged metal pet enclosures
Excessive decoration
Platforms
Fixed enclosures
Overhead elements
City of Santa Barbara
DOWNTOWN PARKING
use approved colors. For approved colors, refer to “Santa Barbara Colors: A Guide to Painting Buildings” at City of Santa Barbara
DOWNTOWN PARKING
March 15, 2023
Dear Meagan Salas:
The following is in response to your request for proof of delivery on your item with the tracking number:
9171 9690 0935 0223 8118 31.
Thank you for selecting the United States Postal Service® for your mailing needs. If you require additional assistance, please contact your local Post Office™ or a Postal representative at 1-800-222-1811.
Sincerely,
United States Postal Service®
475 L'Enfant Plaza SW
Washington, D.C. 20260-0004
Item Details
Status: Delivered, Left with Individual
Status Date / Time: March 14, 2023, 12:25 pm
Location: SANTA BARBARA, CA 93101
Postal Product: First-Class Mail®
Extra Services: Certified Mail™
Return Receipt Electronic
Recipient Signature
Signature of Recipient:
Address of Recipient:
Note: Scanned image may reflect a different destination address due to Intended Recipient's delivery instructions on file.
SUSPENSION NOTICE
REMOVAL ORDER
April 17, 2023
Giovanni S. Comin
30 East Victoria Street
Santa Barbara, CA 93101
SUBJECT: 30 E Victoria Street – Trattoria Vittoria
Dear Giovanni S. Comin:
Please be advised that the authorization to operate and maintain an outdoor business facility at 30 E Victoria Street is hereby suspended. Further you are hereby ordered to completely remove the outdoor business facility from the public right-of-way at 30 E Victoria Street not later than April 24, 2023 (“Removal Date”). If you fail to remove the outdoor business facility by the Removal Date it may be removed by City employees or contractors at your sole cost of removal, impoundment, storage, and disposal. This notice and order are issued under City of Santa Barbara Ordinance No. 6055. This notice and order is based upon continued failure to remedy ADA violations as required by Ordinance No. 6055 and its implementing guidelines.
This notice and order were posted on the outdoor business facility as follows:
Posted Date:_________________________________________________ Posted Time: ________________________________________________ Removal Date: _______________________________________________ DESCRIPTION OF ORDINANCE VIOLATION(S):
The subject property was initially inspected on November 9, 2022, and was found to be in violation of Ordinance No. 6055. City staff observed a ramp slope of 6.7% which requires handrails. Additionally, edge protection is required on the ramp. The vertical edge exceeded 1/2" and there is insufficient accessible seating. A Correction Notice was issued, with a deadline to correct the violations by December 8, 2022.
April 17, 2023
3:00 PM
April 24, 2023
30 E Victoria Street– Trattoria Vittoria
April 17, 2023
The property was re-inspected on January 19, 2023. City staff observed a ramp slope of
6.7% which requires handrails. Additionally, edge protection is required on the ramp.
The vertical edge exceeded 1/2" and there is insufficient accessible seating. An Administrative Citation was issued, with a deadline to correct the violations by February 14, 2023.
The property was inspected a third time on February 23, 2023. City staff again observed a ramp slope of 6.7% which requires handrails. Additionally, edge protection is required on the ramp. The vertical edge exceeded 1/2" and there is insufficient accessible seating.
A second Administrative Citation was issued with a deadline to correct the violations by March 24, 2023.
The facility was inspected a final time on April 7, 2023. City staff again observed a ramp slope of 6.7% which requires handrails. Additionally, edge protection is required on the ramp. The vertical edge exceeded 1/2" and there is insufficient accessible seating. The violations remain as of the date of this notice.
You must remove the outdoor business facility by the Removal Date. You may appeal the suspension to the City Council by filing a notice of appeal with the City Clerk. Filing an appeal does not affect the obligation to remove the facility. If you care to discuss this issue further or have any questions, please email me at [email protected], or call (805) 564-5656 x4611 between the hours of 8:30 and 4:30 p.m., Monday through Thursday and every other Friday. Your cooperation is solicited in the timely removal of the outdoor dining structure.
Si usted tiene preguntas respecto a la notificación y prefiere hablar con alguien en español, por favor llame la línea de investigaciones al (805) 897-2676. Deje su número de teléfono, y un mensaje corto.
Sincerely,
Meghan Salas
Parking Programs Supervisor
City of Santa Barbara
Posted Date: _________________________
Posted Time: _________________________
Removal Date: _________________________
If the Business OR PROPERTY OWNER fails to comply with this notice the structure and related equipment and fixtures may be dismantled and removed by the City at the owner’s expense.
Dismantled materials may be discarded as solid waste.
The parklet/outdoor business structure and all related equipment and fixtures to which this notice is attached must be removed not later than the removal date stated above for the following reason:
This business is no longer actively operating in this approved space.
The structure has been determined by the City to be unsafe or not in compliance with applicable guidelines.
Please remove all items and return area to its previous condition. Any remaining materials will be considered abandoned and taken to the County landfill for disposal.
Downtown Parking Office 805-564-5656
ORDINANCE 5944 / 5933
April 17, 2023
3:00 PM
April 24, 2023
CITY OF SANTA BARBARA
COUNCIL AGENDA REPORT
AGENDA DATE: May 23, 2023
TO: Mayor and Councilmembers
FROM: Downtown Team Division, Public Works Department
SUBJECT: Appeal of the Suspension of Authorization to Operate and Maintain a Parklet at Foxtail Kitchen and Bar at 14 East Cota Street RECOMMENDATION:
That Council consider Falah Maayah’s appeal of the City Administrator’s suspension of the authorization to operate and maintain a parklet at Foxtail Kitchen and Bar, located at 14 East Cota Street.
DISCUSSION:
Enforcement History ADA Appeals
Foxtail Kitchen and Bar
Action Date Compliance Deadline
First Inspection December 8, 2022 -
Notice of Violation Issued December 8, 2022 January 9, 2023 Second Inspection January 25, 2023 -
Administrative Citation Issued January 31, 2023 February 14, 2023 Third Inspection March 8, 2023 -
Administrative Citation Issued March 13, 2023 March 29, 2023 Final Inspection April 7, 2023 -
Removal Notice Issued April 17, 2023 April 24, 2023
On May 27, 2020, City Council adopted Emergency Economic Recovery Ordinance No. 5944 (EERO), authorizing food service businesses to establish temporary outdoor dining areas (parklets) in the public right-of-way. Ordinance No. 5944 was amended and extended as Ordinance Nos. 5963 and 5993, before being replaced by Economic Recovery Extension and Transition Ordinance No. 6055 (ERETO). Following adoption of the EERO, Foxtail Kitchen and Bar constructed a parklet in the roadway in front of 14 East Cota Street, which continues to operate under the ERETO.
Agenda Item No. 22
File Code No.
Council Agenda Report
Appeal of the Suspension of Authorization to Operate and Maintain a Parklet at Foxtail Kitchen and Bar at 14 East Cota Street
May 23, 2023
The EERO specified for all parklets, “Access required under the Americans with Disabilities Act shall be maintained at all times.” The ERETO continues to mandate accessibility by requiring businesses to adhere to the City of Santa Barbara Parklet Guidelines (Parklet Guidelines), as established by the City Administrator. The Parklet Guidelines state, “It is the responsibility of each restaurant operator to provide outdoor dining in full compliance with the Americans with Disabilities Act (ADA) and the California Building Code (CBC),” and provide detailed specifications for accessible ramps, seating, and maneuvering space.
Beginning in late 2022, City of Santa Barbara (City) staff began a focused effort to enforce accessibility requirements in parklets outside of the State Street Promenade. City staff worked with contracted Certified Access Specialists (CASps) to inspect parklets and issue correction notices. Enforcement actions were undertaken as needed, according to Santa Barbara Municipal Code Chapters 1.25 and 1.28.
Enforcement History
The subject property was initially inspected for ADA compliance on December 8, 2022, at 4:09 p.m. City staff and CASps from M6 Consulting performed the inspection. At this inspection, the team observed a gap at the transition from sidewalk to parklet greater than half an inch and an accessible table was not provided within the parklet. The inspection team explained the violations and compliance requirements to the owner of the business.
A Notice of Violation (NOV) was issued and acknowledged by the owner at the completion of the inspection. The NOV described the violations; gave a correction deadline of January 9, 2023; and included a copy of the Parklet Guidelines. Please see Attachment 2 for a copy of the NOV.
The CASps re-inspected the parklet on January 25, 2023, and observed the previously noticed violations had not been resolved. On January 31, 2023, City staff issued a Notice of Administrative Citation (NOAC) to the business describing the violations, including photographs of the violations, a copy of the NOV, and the Parklet Guidelines, and gave a compliance deadline of February 14, 2023. The NOAC was hand delivered to the business and mailed via certified mail to the agent of record. Per the certified mail proof of delivery, the notice was delivered and signed for on February 7, 2023. Please see Attachment 3 for a copy of the NOAC and proof of delivery.
The CASps inspected the parklet for a third time on March 8, 2023, and observed an accessible table had been provided in the parklet, but the transition gap remained unaddressed. On March 13, 2023, City staff issued a second NOAC to the business describing the violation and included photographs of the transition gap, a copy of the original NOV, and another copy of the Parklet Guidelines. The second notice gave a final compliance deadline of March 29, 2023. The second NOAC was hand delivered to the business and mailed via certified mail to the agent of record. Per the certified mail proof of delivery, the notice was delivered and signed for on March 15, 2023. Please see Attachment 4 for a copy of the second NOAC and proof of delivery.
Council Agenda Report
Appeal of the Suspension of Authorization to Operate and Maintain a Parklet at Foxtail Kitchen and Bar at 14 East Cota Street
May 23, 2023
Following the second NOAC, the CASps inspected the parklet a final time on April 7, 2023, and again, observed the transition gap.
Per Section 7 of the ERETO, “The authorization [to operate a temporary outdoor business facility] shall be suspended for any business that is subject to more than two enforcement actions.” On April 17, 2023, City staff confirmed the violation had still not been corrected and issued a Suspension Notice Removal Order (Attachment 5) with a removal date of April 24, 2023, as authorized by Section 7 of the ERETO. The Suspension Notice Removal Order was hand delivered to the business and a Removal Notice was posted on the facility. Please see Attachment 6 for a copy of the Removal Notice posted at the business.
Foxtail Kitchen and Bar failed to construct their parklet to ADA and CBC accessibility standards. When notified of their violation and given three opportunities to bring the parklet into compliance, they failed to do so in a timely manner. Foxtail Kitchen and Bar has exhausted their opportunities to resolve accessibility violations in their parklet.
Please see Attachment 1 for the appellant’s letter of appeal and statement.
BUDGET/FINANCIAL INFORMATION:
The proposed action has no financial impact on the City.
ATTACHMENT(S): 1) Foxtail Kitchen and Bar Letter of Appeal 2) Copy of Notice of Violation
3) Copy of First Administrative Citation
4) Copy of Second Administrative Citation
5) Copy of Suspension Notice Removal Order
6) Copy of Removal Order Notice
PREPARED BY: Sarah Clark, Acting Downtown Team Manager/MS/nv SUBMITTED BY: Clifford M. Maurer, P.E., Public Works Director APPROVED BY: City Administrator’s Office
14 E Cota Street – Foxtail
January 30, 2023
DESCRIPTION OF ORDINANCE VIOLATION(S):
The City re-inspected the subject property on Date of most recent inspection. City staff observed no progress to address the previous violations listed below:
Insufficient knee clearance. Knee clearance must extend at least 19 inches under the counter or table, with no obstructions. Pedestal-style tables are not accessible.
Insufficient accessible seating. At least 5% of seating spaces must be accessible.
Gap at transition larger than 1/2"
REMEDY OF ORDINANCE VIOLATION(S):
To remedy this issue, you must resolve the violation(s) as described above and in the Correction Notice prior to February 14, 2023. A copy of the Notice of Violation/Correction Notice is also attached.
To avoid paying another Administrative Fine pursuant to Santa Barbara Municipal Code Chapter 1.25, you must resolve the violations listed on this Notice of Administrative Citation prior to the abatement date stated above and advise the City that you have done so. If the violations are not corrected by the abatement date, you will be subject to additional administrative citations.
Administrative Citation amounts are calculated as follows:
First Offense, 1st Citation: $100 per violation
Second Offense within a 12-month period: $200 per day, per violation Third Offense within a 12-month period: $250 per day, per violation Each day the violation persists constitutes a separate violation. Payment of an Administrative Fine does not excuse the responsible party from correcting the Ordinance violation(s).
The City of Santa Barbara may use one or more of these remedies, in addition to the Administrative Citation, to gain compliance:
1. File a civil complaint in Superior Court seeking an injunction and penalties of $250 per day;
2. File a criminal complaint in Superior Court alleging misdemeanor violations of the City of Santa Barbara Ordinance; or
3. Suspend authorization to operate a temporary business facility in the public rightof-way. 14 E Cota Street – Foxtail
January 30, 2023
OPPORTUNITY FOR APPEAL
You have the right to appeal the imposition of this fine by filing a written appeal with the City Hearing Administrator through the Citation Processing Center as outlined below.
Appeals are deemed filed when the City receives a signed letter of appeal. To be timely, the Citation Processing Center must receive an appeal request within 10 days of the date of this Notice of Administrative Citation. Please note you may only contest the Notice of Administrative Citation for the following reasons:
1. Denying that a violation occurred;
2. Denying that the violation was not corrected within the required correction period; or,
3. Establishing that you are not the owner of the real property or the owner of the business at the time the violation should have been corrected.
PAYMENTS AND APPEALS
You will receive a bill from the citation processing center which must be paid within 30 days of the date of receiving the bill.
To pay or appeal this citation, please see the information below:
Website for payments/appeals: www.CitationProcessingCenter.com Phone number: 800-969-6158
Mailing address: City of Santa B
7275, Newport Beach, CA. 92658-7275.
The violation(s) identified in this notice constitute a public nuisance and the City can enforce collection of unpaid administrative fines as a lien or special assessment on the subject real property. A City department may also refuse to accept an application for a City permit or license, or refuse to issue, extend, or renew to any person, who has unpaid delinquent fines, liens, or assessments, any City permit, license, or other City approval pertaining to the real property which is the subject of this Notice of Administrative Citation and an unpaid administrative fine.
This Notice shall satisfy the notice requirements of Government Code Sections 38773.1 and 38773.5 when a Notice of Administrative Citation is served on the person. In addition, the Public Works Director shall send notice by First-Class Mail to each property owner at least 10 days before the City Council considers the resolution to certify the amounts of the liens and special assessments, stating the date, time, and location of the meeting. The lien or special assessment shall be imposed on the date the Notice of Administrative Citation for the Ordinance violation is issued to the responsible person and will go into effect shall become effective upon the recording of a Notice of Lien or Special Assessment by the County Recorder. 14 E Cota Street – Foxtail
January 30, 2023
Subsequent violations of the Ordinance within 12 months of the date of this Notice of Administrative Citation will result in the imposition of another Administrative Citation Fine without further warnings from this office. Fines for a Second Offense within 12 months are $200.00 per day, per violation. Fines for a Third Offense within 12 months are $250.00 per day, per violation, and is referred to the City Attorney’s Office with no further warning letters. Payment of an Administrative Fine does not excuse the responsible party from correcting the Ordinance violation(s).
In addition, under Section 7.C of Ordinance No. 6055, the City may suspend your ability to maintain and operate an outdoor business facility for any business subject to more than two enforcement actions. If the City suspends your authorization to operate a temporary business facility in the public right-of-way, your business facility must be removed from the right-of-way.
If you wish to discuss this issue further or have any questions, please email me at [email protected] or call (805) 564-5470 x4610 between 8:30 a.m. and 4:30 p.m., Monday through Thursday, and every other Friday. Your cooperation is solicited in the abatement of this violation.
Si usted tiene preguntas respecto a la notificación y prefiere hablar con alguien en español, por favor llame la línea de investigaciones al (805) 897-2676. Deje su número de teléfono, la dirección del domicilió respecto a la notificación, el número ENF en la notificación, y un mensaje corto.
Sincerely,
Meghan Salas
Parking Programs Supervisor
Attachments:
1. Image(s) of follow-up inspection on January 25, 2023.
2. Correction Notice from December 8, 2022.
3. City of Santa Barbara’s Parklet Guidelines.
14 E Cota Street – Foxtail
January 30, 2023
Attachment 1: Image(s) of follow-up inspection on January 25, 2023 Insufficient knee clearance. Knee clearance must extend at least 19 inches under the counter or table, with no obstructions. Pedestal-style tables are not accessible. 14 E Cota Street – Foxtail
January 30, 2023
Attachment 2: Image(s) of follow-up inspection on January 25, 2023 Gap at transition larger than 1/2"
February 7, 2023
Dear Meagan Salas:
The following is in response to your request for proof of delivery on your item with the tracking number:
9171 9690 0935 0223 8114 11.
Thank you for selecting the United States Postal Service® for your mailing needs. If you require additional assistance, please contact your local Post Office™ or a Postal representative at 1-800-222-1811.
Sincerely,
United States Postal Service®
475 L'Enfant Plaza SW
Washington, D.C. 20260-0004
Item Details
Status: Delivered, Individual Picked Up at Post Office
Status Date / Time: February 7, 2023, 2:14 pm
Location: SANTA BARBARA, CA 93102
Postal Product: First-Class Mail®
Extra Services: Certified Mail™
Return Receipt Electronic
Recipient Signature
Signature of Recipient:
Address of Recipient:
Note: Scanned image may reflect a different destination address due to Intended Recipient's delivery instructions on file.
A parklet is an innovative way to temporarily expand a
business’ outdoor operating space on a public street.
Built and maintained by neighboring businesses,
parklets are outdoor business areas located within an
existing parking lane adjacent to the curb and designed as an extension of the sidewalk. Please carefully review these Guidelines if you plan to expand onto the public
right-of-way during this Interim Period. Before any
new parklet is created, the business must submit the
proposed design showing dimensions and materials
for City approval. Contact Parking Operations at
for pre-approval.
Any business permitted to operate outdoors under State
and local public health directives may create a parklet, provided the location meets the following criteria:
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City of Santa Barbara
DOWNTOWN PARKING
City of Santa Barbara
Parklets are a maximum of 6 feet wide from the edge of the curb and may extend the length of a business’s property frontage. Please work closely with your neighbors if you plan exceed in width the frontage of your business.
Each parklet must be surrounded on the three street-adjacent sides with a barrier to establish the boundaries of the parklet. parklet is near a driveway or intersection so critical sight lines each corner, at a minimum, to ensure nighttime visibility.
For existing platforms, a should be
placed along the edge of the parklet, where it meets the sidewalk, for conspicuity. Businesses are responsible
for ensuring their parklets
Businesses are responsible
that their parklets and improvements are ADA compliant.
Parklets cannot obstruct public utilities or interfere with drainage or storm drains. All parklets must be designed and built outside of the gutter lines in order to accommodate platform must be entirely above the gutter.
Portable heaters and lighting are permitted, however, please ensure proper clearance to trees, awnings, and umbrellas to Heaters and lighting must be self-contained, with no wires or the parklet barrier is preferred.
Overhead lighting elements are discouraged.
Parklets must be easily removed and may not cause any
must be temporary.
rain events. These guidelines require businesses to maintain drainage along the street and gutter lines at all times.
Business owners are fully responsible for assuring that their existing platforms and other outdoor features are constructed City of Santa Barbara
DOWNTOWN PARKING
For winter, businesses may wish to modify parklets for the comfort of their guests.
Tents and canopies must be adequately roped, braced,
and anchored to withstand the elements and avoid
collapsing. Businesses must maintain required clearance combustible materials.
Tents and heaters are subject to Fire Department
inspection and approval. Any tent exceeding 700 square
feet requires a permit before it is erected. Call 805-965- 5254 to arrange for inspection or permitting. Please refer to the Guidelines for the Use of Tents, Canopies, or Shade Structures and Heating Elements in Temporary Parklets for additional details.
During the Interim Period, new parklet design must conform to materials are now listed that may be used to create temporary parklets. Please see the Design Guidelines for additonal detail.
Some examples of approved materials:
Wrought Iron
• Vertical wood elements with a top railing
• Planters
Platforms must be constructed with wood. If no platform is constructed, surface materials should not be used.
Plants are encouraged to screen parklets. Plants should be lowmaintenance and drought tolerant. Approved planter materials include:
• Painted or stained wood (see approved colors)
• Natural concrete pots or planters
• Terracotta clay or plastic pots
Wooden and iron elements must be painted or stained
also use approved colors. For approved colors, refer to at
City of Santa Barbara
DOWNTOWN PARKING
All businesses that establish parklets in the public rightbusiness insurance carrier naming the City as Additionally The City of Santa Barbara reserves the right to remove
parklets and clear the right-of-way at its
sole discretion. Please contact Sarah Clark at
for pre-approval of your parklet
design. Once a parklet following the above guidelines is with the business
address in the subject.
The novel coronavirus pandemic has caused unprecedented challenges for businesses required to close for indoor dining and reduce their services to take out and delivery for an extended period of time. As of June 15, 2021, City of Santa Barbara food service businesses can reopen at full capacity.
The City invites businesses who wish to operate safely under public health restrictions to create temporary outdoor
dining areas, known as parklets, in curbside, on-street parking spaces. Parklets provide food service businesses with additional outdoor seating capacity.
Economic Recovery Ordinance No. 5944, which expires on
March 8, 2022. Upon expiration of the ordinance, parklets may no longer be necessary and may be discontinued. A
business would then remove their parklet and restore the parking and sidewalk area to its original condition.
If you have questions or need additional guidance, please send an email to .
Checklist. These forms are required for all businesses, even if you have already been open and operating.
If you have questions or need additional guidance,
please send an email to
.
The operation of parklets under tents or other membrane structures is subject to the requirements of the California Code of Regulations, Title 19, Division 1 and Chapters 3 and 31 of the California Fire Code.
All heaters and tents are subject to Fire Department inspection.
Tents require a Fire Department permit if they exceed 700 square feet (call 805-965-5254 for permit).
Tents must be adequately roped, braced, and anchored to withstand the elements and avoid collapsing.
Staking of tents is prohibited in the public rights-of-way. Tethering or securing tents to trees is prohibited.
A tent is required to have two means of egress if the occupant load exceeds 10.
Seating arrangements in tents are subject to Covid-19 restrictions and the requirements of Chapter 10 of the Fire and Building Codes.
sidewalk and lower street elevation.
Smoking is prohibited under tents at all times. Santa Barbara is a .
Heating equipment subject to Section 3104 of the Fire Code and requires Fire Department approval.
Gas heaters must adhere to the California Mechanical Code; heating equipment may not be located within 10 feet of the tent exit.
of the tent fabric.
Electrical heaters shall be installed pursuant to the California Electrical Code.
Clearance from any ignition source to any combustible material must be maintained in an approved manner.
Candles may only be used in approved and stable candle holders on individual tables in dining establishments. Under no circumstances shall hand held candles be permitted.
In the event strict compliance is not achievable, alternate means of compliance must be approved by the Fire Department All tent supports or legs must be weighted.
Each tent leg must have a minimum of 40 pounds.
Weights must be securely attached to tent roof and tent leg separately.
Ropes and straps should be high quality.
Bungee or rubber straps are prohibited.
Weights must be on the ground and not dangling.
For maximum safety, tents should be secured as soon as they are put up, and brought down as soon as weight is removed.
Do not leave tents unsecured at any time.
City of Santa Barbara
DOWNTOWN PARKING
5 gallon bucket full of sand or concrete
available)
Sandbags 40 pounds or heavier
It is the responsibility of each restaurant operator to provide outdoor dining in full compliance with the Americans with Disabilities Act (ADA) and the California Building Code Standards (CBC). The requirements listed below were developed as part of the overall Parklet guidelines in order to assist restaurant operators with meeting these compliance requirements. Nothing contained herein shall replace or diminish any of the requirements under the ADA or CBC.
Ramps must be at least 4 feet wide.
8.3% (1:12) maximum running slope (parallel to the direction of travel).
A level landing at the top of the ramp measuring at least 4 feet by 4 feet.
Accessible, unobstructed path of travel from the sidewalk pedestrian path to the ramp.
Edge protection is required on each side of the ramp. A curb or barrier that prevents the passage of a 4-inch diameter sphere must be provided along both edges of the ramp. To prevent wheel entrapment, the edge protection must provide a continuous, uninterrupted barrier along the edge of the ramp.
City of Santa Barbara
DOWNTOWN PARKING
Table surface between 28 to 34 inches high.
Knee clearance extends at least 19 inches under the table.
Minimum distance of 4 feet to the nearest obstruction.
International Symbol of Accessibility displayed at the table.
Maintain an accessible path of travel to the table.
Accessible dining tables and standing surfaces must be dispersed throughtout the space.
City of Santa Barbara
DOWNTOWN PARKING
Create order.
Simplify parklet design and eliminate visual clutter.
Provide a simple, coordinated palette for colors, materials, and plants.
Encourage simple outdoor patio furniture.
Encourage use of low-maintenance plants.
Encourage collaboration with neighbors to create the best aesthetic.
Encourage well-placed, beautiful, well-designed signage.
Encourage the use of color and art.
City of Santa Barbara
DOWNTOWN PARKING
Black iron.
Dark-stained or painted vertical wood elements with a top rail or cap. See below for approved colors.
Planters. Use unique, hearty, low-maintenance, drought-tolerant plants.
Thick connecting ropes attached to wood or metal posts.
Platforms must be constructed with wood painted or stained in a dark, approved color.
Platforms may not be constructed in the gutter.
If no platform is constructed, surface materials should not be used.
Outdoor dining areas should use simple patio furniture designs. Plastic or vinyl furniture is prohibited.
Where lighting is used, it should be placed at a low level - in plantings or along barrier fencing. Overhead lighting is discouraged. All lighting should be white.
The following design elements are discouranged:
Pop-up tents
Overhead elements
Outdoor carpeting or faux lawn products
Plastic or vinyl fences, trellis, or furniture
Picket fencing
Hinged metal pet enclosures
Excessive decoration
Platforms
Fixed enclosures
Overhead elements
City of Santa Barbara
DOWNTOWN PARKING
use approved colors. For approved colors, refer to “Santa Barbara Colors: A Guide to Painting Buildings” at City of Santa Barbara
DOWNTOWN PARKING
March 15, 2023
Dear Meagan Salas:
The following is in response to your request for proof of delivery on your item with the tracking number:
9171 9690 0935 0223 8119 09.
Thank you for selecting the United States Postal Service® for your mailing needs. If you require additional assistance, please contact your local Post Office™ or a Postal representative at 1-800-222-1811.
Sincerely,
United States Postal Service®
475 L'Enfant Plaza SW
Washington, D.C. 20260-0004
Item Details
Status: Delivered, Individual Picked Up at Post Office
Status Date / Time: March 15, 2023, 9:33 am
Location: SANTA BARBARA, CA 93102
Postal Product: First-Class Mail®
Extra Services: Certified Mail™
Return Receipt Electronic
Recipient Signature
Signature of Recipient:
Address of Recipient:
Note: Scanned image may reflect a different destination address due to Intended Recipient's delivery instructions on file.
City of Santa Barbara
Posted Date: _________________________
Posted Time: _________________________
Removal Date: _________________________
If the Business OR PROPERTY OWNER fails to comply with this notice the structure and related equipment and fixtures may be dismantled and removed by the City at the owner’s expense.
Dismantled materials may be discarded as solid waste.
The parklet/outdoor business structure and all related equipment and fixtures to which this notice is attached must be removed not later than the removal date stated above for the following reason:
This business is no longer actively operating in this approved space.
The structure has been determined by the City to be unsafe or not in compliance with applicable guidelines.
Please remove all items and return area to its previous condition. Any remaining materials will be considered abandoned and taken to the County landfill for disposal.
Downtown Parking Office 805-564-5656
ORDINANCE 5944 / 5933
April 17, 2023
3:00 PM
April 24, 2023
CITY OF SANTA BARBARA
COUNCIL AGENDA REPORT
AGENDA DATE: May 23, 2023
TO: Mayor and Councilmembers
FROM: City Clerk’s Office, City Administrator’s Office
SUBJECT: Interviews for City Advisory Groups
RECOMMENDATION: That Council:
A. Hold interviews of applicants to various City Advisory Groups (Est. time 4:00 p.m.); and
B. Continue interviews of applicants to June 6, 2023 (Est. time 4:00 p.m.) and June 13, 2023 (Est. time 6:00 p.m.).
DISCUSSION:
Interviews of applicants for various positions on City Advisory Groups are to be held on May 23, 2023, at an estimated time of 4:00 p.m. Applicants will also have the option to be interviewed on June 6, 2023, at an estimated time of 4:00 p.m., and on June 13, 2023, at an estimated time of 6:00 p.m.
There are currently 42 vacancies. A list of eligible applicants and pertinent information about the City Advisory Groups is attached. Applicants have been notified that to be considered for appointment they must be interviewed. Applicants have been requested to prepare a two to three minute verbal presentation in response to a set of questions. Those questions are specific to the group for which they are applying. Applicants applying to more than one advisory group may have up to five minutes for their presentation.
Appointments are scheduled to take place on June 27, 2023.
ATTACHMENT: List of Applicants
PREPARED BY: Niko Lopez, Deputy City Clerk
SUBMITTED BY: Sarah Gorman, MMC, City Clerk Services Manager APPROVED BY: City Administrator's Office
Agenda Item No. 23
File Code No. 140.05
ATTACHMENT 1 Semiannual Recruitment 2023 ARCHITECTURAL BOARD OF REVIEW One vacancy Term Expiration: December 31, 2026 Qualifications/Category: Can be licensed architect or possess professional qualifications (professional experience in related fields, including but not limited to, landscape architecture, building design, structural engineering or industrial design.) Appointees may not hold any full-time paid office or employment in City government. CATEGORY (Number of Vacancies) APPLICANT Incumbent Appt. Dates (Years Served) Notes Deedee Calderwood n/a Qualifies as a licensed architect, also has professional qualifications See notes Carolyn Adams n/a Qualifies as a licensed architect, also has professional qualifications 2 ARTS ADVISORY COMMITTEE One vacancy Term Expiration: December 31, 2025 Qualifications/Category: Appointee may be qualified elector of the City or be a resident inside the South Coast area of Santa Barbara County, and shall have acknowledged accomplishments in the arts, and demonstrate an interest in and commitment to cultural arts and activities. Appointees may not hold any full-time paid office or employment in City government. CATEGORY (Number of Vacancies) APPLICANT Incumbent Appt. Dates (Years Served) Notes Teri Ball n/a South Coast area resident Elizabeth Gallery n/a Qualified elector of the City Tayllor Johnson n/a South Coast area resident Diane Mackenzie n/a Qualified elector of the City Nicholas Ragheb n/a Qualified elector of the City Sophia Rasura n/a Qualified elector of the City George Yatchisin n/a Qualified elector of the City 1 Vacancy Chryss Yost n/a Qualified elector of the City 3 BUILDING AND FIRE CODE BOARD OF APPEALS Three vacancies. Term Expiration: June 30, 2027 Qualifications/Category: Member shall be a resident of the City or adjoining unincorporated area of Santa Barbara County, and shall demonstrate knowledge and expertise in specialty areas governed by the construction and fire codes of the City. Per Santa Barbara Municipal Code Sections 22.04.020 (H) (113.1.2) & 8.04.020 (E) (114.1.2), the composite of the board must have at least 3 members that are physically handicapped in order to hear items that involve Chapter 11 of the California Building Code and Chapters 11A and 11B of the California Fire Code. Appointees may not hold any full-time paid office or employment in City government. CATEGORY (Number of Vacancies) APPLICANT Incumbent Appt. Dates (Years Served) Notes City resident (3) 4 CITIZENS OVERSIGHT COMMITTEE Two vacancies. Term Expiration: December 31, 2026 Qualifications/Category: Qualified electors of the City of Santa Barbara. One member must be a representative of the Hospitality community. Appointees may not hold any full-time paid office or employment in City government. CATEGORY (Number of Vacancies) APPLICANT Incumbent Appt. Dates (Years Served) Notes Qualified elector of the City (1) Barbara Silver n/a Does not qualify as member of Hospitality community; only qualifies as elector Member of the Hospitality Community (1) 5 CIVIL SERVICE COMMISSION One vacancy. Term Expiration: December 31, 2026 Qualifications/Category: Qualified electors of the City of Santa Barbara. Appointees may not hold any full-time paid office or employment in City government. CATEGORY (Number of Vacancies) APPLICANT Incumbent Appt. Dates (Years Served) Notes Qualified elector of the City (1) 6 COMMUNITY DEVELOPMENT AND HUMAN SERVICES COMMITTEE Seven vacancies. Term Expirations: December 31, 2026 (Westside/Lower Westside Neighborhood, Oak Park Neighborhood, Latino Community, Human Services Organization, Homeless-related services organization) June 30, 2026 (Business Community/Economic Development) December 31, 2024 (Disabled Community) Qualifications/Category: Must be residents or employees of the designated organizations, and must represent one of the specified categories or organizations: Westside/Lower Westside; Oak Park Neighborhood; Latino community; Human services organization; Homeless-related services organization; and Disabled community; Business Community/Economic; and Development Appointees may not hold any full-time paid office or employment in City government. CATEGORY (Number of Vacancies) APPLICANT Incumbent Appt. Dates (Years Served) Notes Westside/Lower Westside Neighborhood (1) Angelica Diaz n/a Qualified elector of the City Oak Park Neighborhood (1) Zachary Kramer n/a Qualified elector of the City; Also qualifies as member of the Business Community/Economic Development Latino community (1) Melissa Villa n/a Qualified elector of the County Human services organization (1) Shakti Belway n/a Qualified elector of the City Homeless-related services organization (1) Lyiam Galo n/a Qualified elector of the City Disabled community (1) Jacob Lesner-Buxton n/a Qualified elector of the City Business Community/Economic Development (1) 7 COMMUNITY EVENTS AND FESTIVALS COMMITTEE One vacancy. Term Expirations: December 31, 2026 Qualifications/Category: One representative of the cultural arts. Appointees may not hold any full-time paid office or employment in City government. CATEGORY (Number of Vacancies) APPLICANT Incumbent Appt. Dates (Years Served) Notes Teri Ball n/a County resident Kim Cochran n/a City resident Dacia Harwood n/a County resident Sophia Rasura n/a City resident Cultural arts (1) Sara Wylder n/a City resident 8 COUNTY OF SANTA BARBARA LIBRARY ADVISORY COMMITTEE One vacancy. Term Expiration: June 30, 2024 Qualifications/Category: Must be a resident of the City of Santa Barbara Appointees may not hold any full-time paid office or employment in City government. CATEGORY (Number of Vacancies) APPLICANT Incumbent Appt. Dates (Years Served) Notes City resident (1) Caitlin Swalec n/a 9 CREEKS ADVISORY COMMITTEE One vacancy Term Expiration: December 31, 2026 Qualifications/Category: City or non-City resident who represents any of the following categories: Representative of the hotel/lodging industry; Representative with experience in environmental/land use issues (e.g., land use planning, environmental/natural resource protection/preservation, habitat restoration, water specialist, biologist, or hydrologist, etc.); Representative with experience in ocean use (e.g., recreational user or commercial fisherman, etc.), business, environmental issues; or Public at-large. Appointees may not hold any full-time paid office or employment in City government. CATEGORY (Number of Vacancies) APPLICANT Incumbent Appt. Dates (Years Served) Notes Anne Burdette n/a 1. Experience in environmental/land use issues (e.g., land use planning, environmental/natural resource protection/preservation, habitat restoration, water specialist, biologist, or hydrologist, etc.); 2. City resident Stephanie Moret n/a 1. Experience in environmental/land use issues (e.g., land use planning, environmental/natural resource protection/preservation, habitat restoration, water specialist, biologist, or hydrologist, etc.) 2. Experience in ocean use (e.g., recreational user or commercial fisherman, etc.), business or environmental issues; 3. City resident 1 Vacancy Wendy Wittl n/a 1. Experience in environmental/land use issues (e.g., land use planning, environmental/natural resource protection/preservation, habitat restoration, water specialist, biologist, or hydrologist, etc.); 2. City resident 10 HARBOR COMMISSION One vacancy. Term Expiration: December 31, 2025 Qualifications/Category: Qualified elector of the City or qualified elector of the County Can appoint a qualified elector of the City OR a qualified elector of the County for this vacancy so long as the qualified elector of the County (if chosen) remains a qualified elector of the County throughout their term. Appointees may not hold any full-time paid office or employment in City government. CATEGORY (Number of Vacancies) APPLICANT Incumbent Appt. Dates (Years Served) Notes Elizabeth Cramer n/a Qualified elector of the City Jeff Escola n/a Qualified elector of the City Kate Ford n/a Qualified elector of the City Conrad Metzenberg n/a Qualified elector of the City Amber Noelle n/a Qualified elector of the City Qualified elector (1) Richard Smalldon n/a Qualified elector of the City 11 LIBRARY BOARD One vacancy. Term Expiration: December 31, 2025 Qualifications/Category: Qualified elector of the City Appointees may not hold any full-time paid office or employment in City government. CATEGORY (Number of Vacancies) APPLICANT Incumbent Appt. Dates (Years Served) Notes Brian Barnwell n/a Amber Caldwell n/a Nancy Henderson n/a Qualified elector of the City (1) David Jimenez n/a 12 LIVING WAGE ADVISORY COMMITTEE Three vacancies. Term Expirations: One term (Public at-large) expires June 30, 2026. Two terms (Owner/Manager of a Service Contractor; Employee of Local Non-Profit Entity) expire June 30, 2027. Qualifications/Categories: Members must represent one of the specified categories: A member representing the public at large A member who is either an owner or a manager of a service contractor subject to the City’s Living Wage Ordinance; or An employee of a local non-profit entity. Appointees may not hold any full-time paid office or employment in City government. CATEGORY (Number of Vacancies) APPLICANT Incumbent Appt. Dates (Years Served) Notes Public at large (1) Owner or a manager of a service contractor (1) Employee of Local Non-Profit Entity (1) Lynn Goebel n/a Qualified elector of the City 13 MOSQUITO AND VECTOR MANAGEMENT DISTRICT BOARD One vacancy. Term Expiration: January 5, 2025 Qualifications/Category: Qualified elector of the City Appointees may not hold any full-time paid office or employment in City government. CATEGORY (Number of Vacancies) APPLICANT Incumbent Appt. Dates (Years Served) Notes Qualified elector of the City (1) Teri Jory 12/8/2020 (2 years, 6 months) 14 NEIGHBORHOOD ADVISORY COUNCIL Six vacancies. Term Expirations: Five terms expire December 31, 2026. One term (public at large) expires December 31. 2023. Qualifications/Categories: Members must be residents of the following neighborhoods (as those neighborhoods are described in the General Plan Land Use Element). No more than three members can represent one specific neighborhood. Members who do not reside in the specified neighborhoods, but are City residents, may represent the public at large: Eastside (no more than 1) West Downtown Lower Eastside Laguna Westside; and Public at Large (1 opening) Appointees may not hold any full-time paid office or employment in City government. CATEGORY (Number of Vacancies) APPLICANT Incumbent Appt. Dates (Years Served) Notes Public at-large (1) Zachary Kramer n/a Neighborhood representative (5) 15 RENTAL HOUSING MEDIATION BOARD Three vacancies. Term Expiration: December 31, 2026 Qualifications/Categories: The majority of members (8) must be residents of the City of Santa Barbara. Non-City resident members must reside in a jurisdiction which contracts with the Rental Housing Mediation Program for services (currently Goleta and Carpinteria). Members must represent one of the following categories: Two Tenant Mediators (a Tenant Mediator must rent or lease his or her residence and may not own residential property) One Homeowner Mediator (a Homeowner Mediator must own his or her residence and may not own any other residential property) Appointees may not hold any full-time paid office or employment in City government. CATEGORY (Number of Vacancies) APPLICANT Incumbent Appt. Dates (Years Served) Notes Heather Smith n/a Qualified elector of the City Homeowner (1) Bruce Wollenberg 12/11/2018 (4 years, 6 months) Qualified elector of the City Tenant (2) 16 SANTA BARBARA YOUTH COUNCIL Ten vacancies. Term Expirations: June 30, 2025 Qualifications/Categories: Members must be between the ages of 13-19 years and may be from the City or County. Majority of members must be City residents. Members must represent the following: Six members must be from students attending a Santa Barbara Union School District high school; Two members from local alternative, community, or continuation high schools One member must be a student attending a Local Private School or independent studies; and One member representing the Public at Large. Note: Six new members MUST be City residents. Note: All applicants also fit the category of Public at Large. Applicants must appear for an interview before the Santa Barbara Youth Council and City Council. CATEGORY (Number of Vacancies) APPLICANT Incumbent Appt. Dates (Years Served) Notes Kaarlo Anderson n/a Also qualify for public at-large; County Resident Gwen Chenoweth 6/29/2021 (2 years) Also qualify for public at-large; City Resident Elly Cuevas n/a Also qualify for public at-large; City Resident Sagarika Manian 6/29/2021 (2 years) Also qualify for public at-large; County Resident Evan Pinsker n/a Also qualify for public at-large; County Resident Gabriel Scussat n/a Also qualify for public at-large; County Resident Jeremy Solano Beltran n/a Also qualify for public at-large; City Resident Kavya Suresh 12/7/2021 (1 year, 6 months) Also qualify for public at-large; County Resident Alok Thakrar 12/7/2021 (1 year, 6 months) Also qualify for public at-large; County Resident SBUSD High School (6) Amelia Vander May 6/29/2021 (2 years) Also qualify for public at-large; County Resident 17 Carlos Vazquez n/a Also qualify for public at-large; City Resident Lucia Camp n/a Also qualify for public at-large; City Resident Sophia Probstel n/a Also qualify for public at-large; City Resident Local Private High School (1) Sophia Cruz 6/29/2021 (2 years) Also qualify for public at-large; City Resident Public at-large (2) Local alternative, community, or continuation high schools (2) 18 SINGLE FAMILY DESIGN BOARD One vacancy. Term Expirations: June 30, 2027 Qualifications/Categories: Members must be residents of the County of Santa Barbara. Appointee may be any of the following: Licensed Architect Member possessing Professional Qualifications in fields related to architecture, including, but not limited to, building design, structural design, structural engineering, industrial design, or landscape Member of the public at-large Appointees may not hold any full-time paid office or employment in City government. CATEGORY (Number of Vacancies) APPLICANT Incumbent Appt. Dates (Years Served) Notes Leslie Collasse 12/8/2020 (2 years, 6 months) Also qualifies for professional qualifications and public at-large categories Licensed Architect (1) Joseph Moticha n/a Also qualifies for public at-large Professional qualifications (1) Public at-large (1) Danny Seigle n/a *Qualified elector means a United Stated citizen 18 years of age or older