Santa Barbara City Council
September 26, 2023

ATTACHMENT 3
Increase
Increase (Decrease) in Addition to
(Decrease) in Estimated (Use of)
Appropriations Revenues Reserves
SPECIAL REVENUE FUNDS (Continued)
Community Development Miscellaneous Grants Fund (2810)
Increase estimated revenue and appropriation of $40,000.00 in REAP Grant Funds. The City received a REAP Grant in the amount of $499K with a period of activity from 1/1/21 through 12/31/23. The grant has been programmed as needed and this budget request adds necessary funding for consultant services related to the General Plan Subsequent Program Environmental Impact Report.
$ 40,000 40,000 $ - $
Total Community Development Miscellaneous Grants Fund (2810) 40,000 $ 40,000 $ - $ Police Miscellaneous Grants Fund (2830)
Increase appropriation and estimated revenue for National Opioid Abatement Trust II Settlement funds. $ 11,013 11,013 $ - $ Total Police Miscellaneous Grants Fund (2830) $ 11,013 11,013 $ - $ Library Miscellaneous Grants Fund (2850)
$ 3,969 3,969 $ - $
$ 955 955 $ - $
$ 11,250 11,250 $ - $
Increase estimated revenue and appropriation for a donation for SB Reads in FY2024 from The Santa Barbara Public Library Foundation. $ 25,000 25,000 $ - $
Increase estimated revenue and appropriation for revenue earned for teen initiatives from funds raised by the Teen Advisory Board vending machine at the Eastside Library in FY2023. $ 402 402 $ - $ Increase estimated revenue and appropriation for additional revenue received in FY2023 from funds raised by The Friends of the Central Library. $ 971 971 $ - $
Increase estimated revenue and appropriation for a donation from The Santa Barbara Public Library Foundation for the Library on the Go Program. $ 25,000 25,000 $ - $
Increase estimated revenue and appropriation for an anonymous donation received in FY2023 to support the OrtonGillingham Tutor Program. $ 5,000 5,000 $ - $ $ 72,547 72,547 $ - $
Parks and Recreation Miscellaneous Grants Fund (2860)
Increase estimated revenue in line with contributions towards the Russ Morrison Junior Golf Program $ 12,758 - $ 12,758 $ Total Parks and Recreation Miscellaneous Grants Fund (2860) - $ 12,758 $ 12,758 $ Increase estimated revenue for an anonymous donation received in Fiscal Year 2023 and Increase appropriation in transferout to cover special supplies for the Central Library, Eastside Library, and Library on the Go Program respectively.

ATTACHMENT 3
Increase
Increase (Decrease) in Addition to
(Decrease) in Estimated (Use of)
Appropriations Revenues Reserves
SPECIAL REVENUE FUNDS (Continued)
Capital Outlay Fund (3000)
Technology Fees received in excess of technology related costs for the year are transferred to the Capital Fund to support future technology needs and upgrades. The FY23 Technology Fees Capital Fund transfer exceeds the budgeted amount.

This entry increases the expenditure appropriations for transfer out, increases expenditure appropriations for unbudgeted purchase of additional Accela licenses, increases estimated revenue for transfer in to Fund 3000, and balances the entry in the General Fund by increasing estimated revenues for Technology Fees to offset the increase in appropriations for the transfer out and unbudgeted Accela expenditures.
$ 43,810 - $ 43,810 $
Increase estimated revenue in Capital Outlay Funds for the surplus Public Works Technology Fee revenues received in Fiscal Year 2023 that exceeded related costs (the technology fee revenue less the Public Works Accela project backfill and operational costs). At year end this fee revenue was sufficient to cover the operational costs related to the technology fee so the surplus is transferred to the Capital Outlay Fund to fund the eventual replacement of the Accela system. $ 95,039 95,039 $
Total Capital Outlay Fund (3000) $ 138,849 - $ 138,849 $ Measure C Capital Fund (3010)
$ - 161,100 $ (161,100) $
$ (161,100) - $ 161,100 $
Total Measure C Capital Fund (3010) $ - - $ - $
Streets Grant Capital Fund (3410)
Increase estimated revenue and appropriation for estimated additional grant revenue to be received from Caltrans for additional construction costs. $ 52,000 52,000 $ - $
Increase estimated revenue and appropriation for estimated additional grant revenue to be received from Caltrans for additional construction costs. $ 18,000 18,000 $ - $
Increase estimated revenue and appropriation for additional grant revenue to be received from Caltrans for additional preliminary engineering costs. $ 1,600 1,600 $ - $
Increase estimated revenue and appropriation for additional grant revenue to be received from Caltrans for additional preliminary engineering costs. $ 12,000 12,000 $ - $
Total Streets Grant Capital Fund (3410) $ 83,600 83,600 $ - $ Increasing appropriation in Measure C Las Positas Multiuse Path by decreasing appropriation in Measure C Overlays for extra work completed by C.A. Rasmussen in FY23. Council has approved appropriation authority in FY24 for the contract increase with C.A. Rasmussen, therefore the duplicate appropriation will be reversed in quarter 1 in FY24.

ATTACHMENT 3
Increase
Increase (Decrease) in Addition to
(Decrease) in Estimated (Use of)
Appropriations Revenues Reserves

ENTERPRISE FUNDS
Water Operating Fund (5000)
Increase estimated revenues to transfer UB System Upgrade funds to Water, Wastewater, and Solid Waste from IT. - $ 67,791 $ 67,791 $ Increase appropriations in the amount of $10,628 to transfer from the Water Fund reserves to fund additional costs in the Distribution Reservoir Maintenance project due to immediate needs at Gibraltar Reservoir from winter storm damage. $ - 10,628 $ (10,628) $ Total Water Operating Fund (5000) $ 67,791 10,628 $ 57,163 $ Water Capital Fund (5010)
$ - (300,000) $ 300,000 $
$ - 300,000 $ (300,000) $
Increase appropriation and estimated revenue in the amount of $10,628 to fund additional costs in the Distribution Reservoir Maintenance project due to immediate needs at Gibraltar Reservoir from winter storm damage from the Water Fund Reserves.
$ 10,628 10,628 $ - $
$ -
Total Water Capital Fund (5010) $ 10,628 10,628 $ - $
Wastewater Operating Fund (5100)
Increase estimated revenue to reimburse for pandemic pay - $ 173 $ 173 $ Increase estimated revenues to transfer UB System Upgrade funds to Water, Wastewater, and Solid Waste from IT. $ 67,791 - $ 67,791 $ Increase appropriations in the amount of $1,106,163, to transfer from Wastewater Fund reserves to temporarily fund project construction costs for the Braemar Lift Station project in anticipation of additional SRF loan funds to reimburse reserves once the SRF funds are received in the coming months.
$ - 1,106,163 $ (1,106,163) $
Total Wastewater Operating Fund (5100) $ 67,964 1,106,163 $ (1,038,199) $ Wastewater SRF Fund (5130)
Increase appropriation and estimated revenue to temporarily fund project construction costs for the Braemar Lift Station project in anticipation of additional SRF loan funds to reimburse reserves once the SRF funds are received in the coming months.
$ 1,106,163 1,106,163 $ - $
Total Wastewater SRF Fund (5130) $ 1,106,163 1,106,163 $ - $ Downtown Parking Operating Fund (5300)
Increase estimated revenue to reimburse for pandemic pay - $ 507 $ 507 $ Total Downtown Parking Operating Fund (5300) $ 507 - $ 507 $ Solid Waste Fund (5400)
Increase estimated revenues to transfer UB System Upgrade funds to Water, Wastewater, and Solid Waste from IT. - $ 67,791 $ 67,791 $ Total Solid Waste Fund (5400) $ 67,791 - $ 67,791 $
Golf Course Fund (5600)
Increase estimated revenue and appropriation; Player Course Improvement Golf Fund Operating Transfer to Capital 1,978 $ 1,978 $ - $ Total Golf Course Fund (5600) $ 1,978 1,978 $ - $
Golf Course Capital Fund (5610)
Increase estimated revenue and appropriation; Player Course Improvement Increase Capital Revenue and Expense 1,978 $ 1,978 $ Total Golf Course Capital Fund (5610) $ 1,978 1,978 $ - $ Decrease appropriations from the Main Replacement program in the amount of $300,000 and increase appropriations for a contract change order for the Desal Conveyance main contractor to cover additional water main replacement work outside of the original contract.

ATTACHMENT 3
Increase
Increase (Decrease) in Addition to
(Decrease) in Estimated (Use of)
Appropriations Revenues Reserves
ENTERPRISE FUNDS (Continued)
Airport Operating Fund (5700)
Increase estimated revenue by $56,620 for revenues received for Customer Facility Charge (CFC) Funded Capital - $ 56,620 $ 56,620 $ Total Airport Operating Fund (5700) $ 56,620 - $ 56,620 $ Airport Capital Fund (5710)
$ - 27,585 $ (27,585) $
$ - 9,834 $ (9,834) $
$ - 609 $ (609) $
$ - (140,909) $ 140,909 $
$ - 928 $ (928) $
$ - 78,052 $ (78,052) $
$ - 23,871 $ (23,871) $
$ - 466,029 $ (466,029) $
$ - (466,000) $ 466,000 $
Decrease estimated revenue to reduce CFC revenue estimated $1,000,000. $ (1,000,000) - $ (1,000,000) $ Total Airport Capital Fund (5710) $ (1,000,000) - $ (1,000,000) $ Airport Customer Facility Charge Fund (5740)
Decrease estimated revenue for Customer Facility Charge (CFC) and decrease appropriation by $943,380 to true-up reduced CFC revenues. $ (943,380) (943,380) $ - $
Total Airport Customer Facility Charge Fund (5740) (943,380) $ (943,380) $ - $

INTERNAL SERVICE FUNDS
Self Insurance Fund (6100)
Increase expenditure appropriations for additional claim expenditures in FY2023 222,204 $ - $ (222,204) $ Total Self Insurance Fund (6100) $ - 222,204 $ (222,204) $ Information Technology Capital Fund (6210)
$ - 203,373 $ (203,373) $
$ - (203,373) $ 203,373 $
Total Information Technology Capital Fund (6210) $ - - $ - $ Fleet Maintenance Fund (6400)
Increase expenditure appropriations funded from reserves to cover unanticipated motor vehicle expenses this fiscal year. $ - 90,418 $ (90,418) $ Total Fleet Maintenance Fund (6400) $ - 90,418 $ (90,418) $ Fleet Replacement Fund (6410)
$ 66,000 66,000 $
$ (66,000) 66,000 $
Total Fleet Replacement Fund (6410) $ 66,000 66,000 $ - $ Increase estimated revenue and appropriation by $66,000 to reclass vehicle and equipment purchase (already budgeted in 10003425 for additional department expenses) from the general fund.

Decrease appropriations for UB System Upgrade and increase appropriations to transfer funds to Water, Wastewater, and Solid Waste by increasing estimated revenue.

Decrease appropriations for Lessee Building Maintenance by $140,908.72 and increase appropriations in various over budgeted capital items to adjust for year-end.

Increase/Decrease appropriations to correct a 3rd quarter adjustment.

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: September 26, 2023
TO: Mayor and Councilmembers
FROM: City Administrator’s Office
SUBJECT: Annual Contract with the Santa Barbara County Office of Arts and Culture [Agreement]
RECOMMENDATION:

That Council authorize the City Administrator to execute an agreement with the Santa Barbara County Office of Arts and Culture in the amount of $451,345, of which $245,175 will be regranted, as approved in the Fiscal Year 2024 adopted budget.

DISCUSSION:

In the Fiscal Year 2024 adopted budget, Council authorized funds to renew the annual arts services contract with the Santa Barbara County Office of Arts and Culture. Services include but are not limited to staffing support for the City Arts Advisory Committee and Community Events & Festivals Committee; coordination of City arts initiatives, such as the Poet Laureate Program; management of the Organizational Development, Community Arts and Community Events & Festivals re-granting programs; and the production of art exhibitions for designated State St. sculpture pads and the City Hall Gallery.

City Cultural Arts regranting funds also support projects, programs and organizations that provide free arts access for underserved communities, serve residents and visitors to the City of Santa Barbara, and enhance economic and community vitality.

Special projects funds are applied to materials, production and installation of public art and exhibitions, stipends for Poet Laureate services, the Sunken Garden Film Series, and educational opportunities to support the sustainability of Santa Barbara’s arts and culture producers.

The City and County have operated a shared arts staffing structure for 39 years, combining resources to increase service levels, expand capacity and enhance community Agenda Item No. 6
File Code No. 150.04
Council Agenda Report
Annual Contract with the Santa Barbara County Office of Arts and Culture [Agreement] September 26, 2023

access. Through this model, both units of government can acquire additional State and private arts funding to supplement services. This agreement is a one-year agreement with an option to renew for a second year.

BUDGET/FINANCIAL IMPACT:

The City’s FY 2024 adopted budget appropriated $206,170 for arts administration and production services, and arts program and projects, and $245,175 for cultural arts regranting funds.

Fiscal Year 2024
Coordination and Administration of City Arts Programs $206,170 Including Public Art Projects & Cultural District Promotions Grants (see below for funding by grant category) $245,175 Total $451,345
Grant Categories
Fiscal Year 2024
Community Events and Festivals Grants $85,250
Organizational Development Grants $120,950
Community Arts Grants $38,975
Total $245,175
The agreement is available for review by contacting Brandon Beaudette at [email protected].

PREPARED BY: Brandon Beaudette, Senior Assistant to the City Administrator SUBMITTED BY: Rebecca Bjork, City Administrator
APPROVED BY: City Administrator's Office

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: September 26, 2023
TO: Mayor and Councilmembers
FROM: City Administrator’s Office
SUBJECT: Grant Agreement with South Coast Community Media Access Center, dba TV Santa Barbara [Agreement]
RECOMMENDATION:

That Council authorize the City Administrator to execute a two-year grant agreement with the South Coast Community Media Access Center for management of the public, educational, and government access television channels in an amount of $297,445 plus an amount for public, educational and government access (PEG) capital expenditures equal to 50% of the actual PEG fees received by the City for Fiscal Year 2024.

DISCUSSION:

Since January 1, 2003, upon its formation, the South Coast Community Media Access Center, doing business as TV Santa Barbara (TVSB), has been designated by the County of Santa Barbara under its cable franchise with Cox Communications as the nonprofit entity to manage the public and educational access channels in the Santa Barbara South Coast Region. The City has maintained annual grant agreements with TVSB since that time.

The Fiscal Year 2024 adopted budget includes $297,445 in base funding for management of the public and educational access television channels in the Community Promotions program. The adopted Community Promotions budget also includes an additional amount not to exceed $105,000 for PEG capital expenditures generated from PEG fees levied on Cox Communications.

The following is a summary of the major provisions of the proposed grant agreement with TVSB for Fiscal Years 2024 and 2025:

Agenda Item No. 7
File Code No. 170.01
Council Agenda Report
Grant Agreement with South Coast Community Media Access Center, dba TV Santa Barbara [Agreement]
September 26, 2023

1. Term: July 1, 2023 – June 30, 2025.

2. Base Funding: The City will grant TVSB quarterly advance payments of $70,611.25 for public and educational access support, totaling $282,445. Additionally, the City will grant $15,000 to be paid in January 2024 and January 2025, dedicated for support of educational access.

3. PEG Capital Funding: Under the current state video franchising law (DIVCA), PEG fees may be levied on video service providers and are limited exclusively for PEG-related capital expenditures. Ordinance No. 5786, adopted on April 18, 2017, includes a PEG fee of 1.0% of which 0.5% percent is designed to provide for capital funding to TVSB. Based on the PEG fees generated in Fiscal Year 2023, the City estimates that it will remit to TVSB approximately $105,000 in Fiscal Year 2024 and $107,000 in Fiscal Year 2025, to be used solely to cover capital expenditures contained in its Five-Year Capital Improvement Plan.

The PEG capital funding will be paid quarterly, based on actual PEG fee collections during the previous quarter. The capital funding will be paid by PEG fees levied on Cox and, while not required to do so, Cox may elect to pass through the PEG fees to its subscribers on their cable bills.

4. Indemnification: The City will be indemnified against any and all claims and actions arising from the performance of services under the agreement. Indemnification is a standard provision in all City grant agreements, including human services and community promotions grants. All nonprofit entities receiving City grant funds are required to defend and indemnify the City from any and all claims which may arise as a result of the actions of the Grantee.

5. Insurance: The insurance provisions are standard insurance requirements for City grant recipients with the exception of the liability policy requirements. Because of the specialized nature of services provided under the agreement, this agreement requires a media and broadcaster’s liability policy. This is the same type of policy required of Cox Communications under the City’s prior franchise agreement.

6. Compliance with Laws and Regulations: The agreement states that TVSB will comply with all applicable state and federal laws and regulations with specific reference to the Ralph M. Brown Act and the Public Records Act. This language is consistent with the County of Santa Barbara’s legal compliance provisions in its operating agreement with CMAC and the previous City agreements with TVSB.

BUDGET/FINANCIAL IMPACT:

Adequate expenditure appropriations exist for the PEG fee revenue and grant agreement expenditures in the Mayor and Council budget for fiscal year 2024.

Council Agenda Report
Grant Agreement with South Coast Community Media Access Center, dba TV Santa Barbara [Agreement]
September 26, 2023

The contract is available for review in the City Clerk’s Office at City Hall at 735 Anacapa Street or by contacting Brandon Beaudette at [email protected].

PREPARED BY: Brandon Beaudette, Senior Assistant to the City Administrator SUBMITTED BY: Rebecca Bjork, City Administrator
APPROVED BY: City Administrator's Office

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: September 26, 2023
TO: Mayor and Councilmembers
FROM: Engineering Division, Public Works Department
SUBJECT: Construction of the Santa Barbara Airport Airfield Markings, Signage, and Lighting Upgrades Project [Agreement]
RECOMMENDATION: That Council:

A. Award a contract with Vellutini Corporation dba Royal Electric Company in their low bid amount of $5,555,555 for construction of the Santa Barbara Airport Airfield Markings, Signage, and Lighting Upgrades Project, Bid No. 4062; and authorize the Public Works Director to execute the contract and approve expenditures up to $555,555 to cover any cost increases that may result from contract change orders for extra work and differences between estimated bid quantities and actual quantities measured for payment; and
B. Authorize the Public Works Director to execute a contract with Mead and Hunt, Inc. in the amount of $405,310 for construction administration support and authorize $40,531 for potential extra services.

DISCUSSION:

Project Description
The Santa Barbara Airport (Airport) Airfield Markings, Signage, and Lighting Upgrades Project (Project) will update the current airfield lighting system to all LED lighting, rename the existing taxiways, and update the existing markings and signage to coincide with the new taxiway names. The Airport Layout Plan will also be updated to coincide with the new taxiway designations. This new and simplified airfield naming convention will better align with standards as stated in the Federal Aviation Administration (FAA) Engineering Brief 89.

Utilizing the standard taxiway naming convention will benefit pilots flying in and out of the Airport.

On June 8, 2021, Council authorized the award of the Project design to Mead and Hunt, Inc. to develop construction drawings and an updated Signage and Marking Plan to implement the new taxiway naming convention. Contracting with Mead and Hunt, Inc. for construction administration support equips the Project with a daily construction observer Agenda Item No. 8
File Code No. 560.04
Council Agenda Report
Construction of the Santa Barbara Airport Airfield Markings, Signage, and Lighting Upgrades Project [Agreement]
September 26, 2023

to review construction progress and ensure compliance with Project plans and specifications.

Contract Bids
One bid was received for the subject work as follows:

BIDDER BID AMOUNT

1. Vellutini Corporation dba Royal Electric Company
Sacramento, CA
$5,555,555
The low bid of $5,555,555, submitted by Vellutini Corporation dba Royal Electric Company, is an acceptable bid that is responsive to and meets the requirements of the bid specifications. The bid exceeded the engineer’s estimate, however, given the current bidding climate, state of inflation, and limited numbers of qualified bidders for this work, rebidding the Project is unlikely to result in a more favorable outcome.

The change order funding recommendation of $555,555 (10%) is typical for this type of work and size of project.

Community Outreach
In support of the Project, Mead and Hunt, Inc. will provide services for developing visual graphics and holding public outreach meetings to communicate the taxiway naming changes during construction to pilots and other Airport stakeholders.

BUDGET/FINANCIAL INFORMATION:

On August 22, 2023, Council authorized the acceptance of FAA Airport Improvement Program grant offer No. 3-06-0235-071-2023 for construction project costs. With acceptance of the grant offer, there are sufficient expenditure appropriations in the Airport Grants Fund and Airport Capital Fund to cover the cost of this Project, including the proposed contracts and extra services with the Vellutini Corporation and Mead and Hunt, Inc.

Council Agenda Report
Construction of the Santa Barbara Airport Airfield Markings, Signage, and Lighting Upgrades Project [Agreement]
September 26, 2023

The following summarizes all Project design costs, construction contract funding, and other Project costs:

ESTIMATED TOTAL PROJECT COST
*Cents have been rounded to the nearest dollar in this table.

Design (Mead & Hunt, Inc.) $352,480
Change Order Allowance 35,248
Design Subtotal $387,728
Construction Contract (Vellutini Corp. dba Royal Electric Co.) $5,555,555 Construction Change Order Allowance 555,555
Subtotal $6,111,110
Construction Management/Inspection (Mead & Hunt, Inc.) 405,310 Change Order Allowance 40,531
Subtotal $445,841
Construction Subtotal $6,556,951
TOTAL PROJECT COST $6,944,679
SUSTAINABILITY IMPACT:

The lighting upgrades component of the Project includes replacing all first-generation acrylic LED taxiway lights and incandescent runway lights with newer-generation LED lights to further reduce energy consumption.

A copy of the contract may be requested from the Public Works Department for public review by contacting [email protected].

ENVIRONMENTAL REVIEW:

The Airport received a Categorical Exclusion from the FAA on May 13, 2021 for this Project pursuant to FAA Order 1050.1F as it relates to the National Environmental Policy Act of 1969 (NEPA). Therefore, no further federal environmental disclosure documentation for this Project is necessary for NEPA purposes.

The Airport received a Coastal Exemption in March 2023 from the Planning Division of the Community Development Department. This Project qualifies for California Environmental Quality Act (CEQA) exemption according to CEQA Guideline § 15301 for the operation, repair, maintenance, or minor alteration of existing facilities involving no or negligible expansion of existing or former use. This Project falls under subdivision (b) of § 15301.

Council Agenda Report
Construction of the Santa Barbara Airport Airfield Markings, Signage, and Lighting Upgrades Project [Agreement]
September 26, 2023

Therefore, Council is requested to confirm the exemption, approve the Project for CEQA purposes, and authorize the filing of a Notice of Exemption for the Project.

PREPARED BY: Brian D’Amour, P.E., City Engineer/BK/PD/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: September 26, 2023
TO: Mayor and Councilmembers
FROM: Human Resources Department
SUBJECT: First Amendment to Agreement for Labor Negotiations [Agreement] RECOMMENDATION:

That Council approve and authorize the Human Resources Director to execute an amendment to the Labor Relations agreement (Santa Barbara Agreement #22400045) with the Law Firm of Liebert Cassidy Whitmore increasing the contract amount by $23,000, for a total not to exceed $46,000.

DISCUSSION:

Due to complex and constantly changing state and federal labor laws and court rulings, specialized legal services are needed during labor negotiations with the City’s employee bargaining groups to ensure that negotiated memorandums of understanding are valid and binding on the parties concerned. Attorneys from Liebert Cassidy Whitmore have satisfactorily performed these services for the City of Santa Barbara, and for numerous other public agencies throughout California, for decades.

The Fiscal Year 2024 budget included funding for Liebert attorney services during negotiations. An increase in the contract with Liebert in the amount of $23,000 is necessary to cover Liebert’s services related to assistance of ongoing and upcoming negotiations.

A copy of the agreement can be obtained by emailing [email protected] BUDGET/FINANCIAL INFORMATION:

The increase of $23,000 to the contract will lead to a total contract amount of $46,000, requiring Council approval. There is sufficient expenditure appropriations in the Human Resources Fiscal Year 2024 budget to cover this cost, so no additional expenditure appropriations are necessary.

PREPARED BY: Sam Ramirez, Labor Relations Manager
SUBMITTED BY: Wendy Levy, Human Resources Director
APPROVED BY: City Administrator's Office
Agenda Item No. 9
File Code No. 440.03

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: September 26, 2023
TO: Mayor and Councilmembers
FROM: Engineering Division, Public Works Department
SUBJECT: Approval of Final Map for 501 Ninos Drive, Dwight Murphy Field RECOMMENDATION:

That Council approve and authorize the Parks and Recreation Director and City Administrator to execute and record Final Map Number 20,838, relating to the approved lot merger and vacation of unused streets and related actions at 501 Ninos Drive, Dwight Murphy Field.

DISCUSSION:

A Tentative Map for the merger of parcels at 501 Ninos Drive, associated with the Dwight Murphy Field Renovation Project, was conditionally approved on August 19, 2021 by adoption of the Planning Commission (PC) Conditions of Approval, Resolution Number 006-21. A Vicinity Map of the subdivision area is shown in Attachment 1. The Subdivision Map involves merging six parcels within Dwight Murphy Field into a single parcel; the abandonment and vacation of a portion of Pitos Street and Voluntario Street lying within Dwight Murphy Field; an extension of Ninos Drive; and defining the areas reserved for utility, road, and service facilities/uses. Staff have reviewed the Final Map (Attachment 2) and have found it to be in substantial compliance with the previously approved Tentative Map, the Conditions of Approval, the State Subdivision Map Act, and the City’s Subdivision Ordinance.

Council approval is required if Council agrees with the staff determination that the Subdivision Map conforms to all the requirements of the Subdivision Map Act and the Municipal Code applicable at the time of the approval of the Tentative Map.

The public may request a copy of the Final Map for review from the Public Works Department at [email protected].

BUDGET/FINANCIAL INFORMATION:

The proposed action has no financial impact on the City.

Agenda Item No. 10
File Code No. 640.08
Council Agenda Report
Approval of Final Map for 501 Ninos Drive, Dwight Murphy Field September 26, 2023

Rev. 100520
ENVIRONMENTAL REVIEW:

Environmental review for the Subdivision Map was completed as part of the PC approval of the Tentative Map. The recording of the Subdivision Map qualifies for an exemption from further environmental review under the California Environmental Quality Act Guidelines Section 15183.

ATTACHMENTS: 1. Vicinity Map

2. Final Map
PREPARED BY: Adam Hendel, P.E., Principal Civil Engineer/RF/rl SUBMITTED BY: Clifford M. Maurer, P.E., Public Works Director APPROVED BY: City Administrator’s Office
This service has been provided to allow a visual display of City information. Every effort has been made to ensure the accuracy of the map and data. The City of Santa Barbara assumes no responsibility arising from the use of this information. THE MAPS AND ASSOCIATED DATA ARE PROVIDED WITHOUT A WARRANTY OF ANY KIND. This map was created using the City of Santa Barbara Mapping Analysis and Printing System application. 4,408
© City of Santa Barbara
734.699
Legend
1:

WGS_1984_Web_Mercator_Auxiliary_Sphere
0 367.349 734.699 Feet Notes
Attachment 1

MAP DISCLAIMER
501 Ninos Drive Vicinity Map
Reported on 08/28/2023 04:49 PM
City Limits
Assessor's Parcels - City
Street Centerlines
World Street Map
ATTACHMENT 1
ATTACHMENT 2
ATTACHMENT 2
ATTACHMENT 2

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: September 26, 2023
TO: Mayor and Councilmembers
FROM: Planning Division, Community Development Department SUBJECT: Development Agreement for 400 W. Carrillo Street Residential Building [Ordinance Introduction; Agreement]
RECOMMENDATION: That Council:

A. Make the findings that the project meets the requirements for a statutory exemption pursuant to California Environmental Quality Act Statute Section 21155.1 [Implementation of the Sustainable Communities Strategy]; and B. Introduce and subsequently adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Approving a Development Agreement for a 63-Unit Residential Building at 400 W. Carrillo Street by and Between the City of Santa Barbara and the Housing Authority of the City of Santa Barbara.

DISCUSSION:

In 2019, City Council directed staff to work with the Housing Authority of the City of Santa Barbara (Housing Authority) in pursuit of a workforce housing project on the City’s Carrillo Commuter Parking Lot (Carrillo Lot). Council established the objectives for the project and executed a Project Agreement with the Housing Authority. The subject Development Agreement would allow the density requested by the Housing Authority and authorize construction of the project. No other permit mechanism exists to allow the requested density at this time, given that the Average Unit-Size Density Incentive Program was not amended using floor-to-lot-area ratio standards as anticipated at the project’s inception in 2019.

The Planning Commission reviewed the project on August 10, 2023 (see attached Planning Commission staff report), which contains an analysis of the development agreement and the findings required to approve it. The Planning Commission recommended City Council make the environmental findings and approve the Development Agreement subject to the conditions of approval incorporated into the Agenda Item No. 11
File Code No. 640.1
Council Agenda Report
Development Agreement for 400 W. Carrillo Street Residential Building [Ordinance Introduction; Agreement]
September 26, 2023

Development Agreement, with the clarification that Tier 2 stormwater requirements apply to the improvements in the right-of-way (Exhibit C of the Development Agreement).

Proposed Development Agreement
Below is a summary of the key provisions of the proposed Development Agreement:
 Density. Allows for increased density (57 dwelling units per acre rather than 27) in exchange for deed-restricted affordable housing, with a mix of income-restriction levels. State Density Bonus Law allows for the requested increased density, provided that the units are limited to all low-income households; however, this project aims to provide housing for middle- and moderate-income households that earn too much to qualify for Affordable housing or related assistance programs1 but too little to afford market-rate housing in Santa Barbara.  Height. Allows an additional 18 inches of building height beyond the zoning height limit of 45 feet to accommodate the architectural features proposed.  Open Yard. Allows an open yard design with 4,534 square feet of qualifying open yard2 , even though approximately 7,000 square feet is required, given that additional open yard areas are provided that do not meet all the criteria.  Mission Creek Development Limitation Area Encroachment. Allows a perimeter fence and surface parking stalls to encroach into the 25-foot Development Limitation Area adjacent to the creek, in approximately the same location as the existing fence and parking that currently encroach.

BUDGET/FINANCIAL IMPACT:

The City owns the subject property, which is currently operated as a City parking lot; therefore, construction of the project would result in budget implications for the City.

These were assessed during City Council’s approval of the Project Agreement in 2019, as follows:

The Downtown Parking Fund operating budget includes estimated revenues attributable to the Carrillo Lot, with permit sales generating approximately $72,960 in gross revenue each year. Upon commencement of construction, the Project will eliminate the City’s present revenue stream generated by monthly parking fees charged to commuters. The current estimated City net income from parking fees after expenses is approximately $26,000 annually. To compensate the City for lost revenue, the Project will pay the City a minimum $15,000 per year during the time when the Project net cash flow is less than 1 Section 8 housing subsidies, tenant-based rental assistance programs, security deposit assistance programs, for example.
2 Qualifying open yard meets all open yard standards and location limitations.

Council Agenda Report
Development Agreement for 400 W. Carrillo Street Residential Building [Ordinance Introduction; Agreement]
September 26, 2023

the cumulative investor yield. When the cash flow exceeds the cumulative investor yield, the Project will pay to the City an amount up to $30,000 per year from net cash flow, adjusted annually for inflation. This fee will be known as the In-Lieu Parking Income Fee.

During the construction and initial lease-up period, there will be no net cash flow from the Project available to pay the Fee; therefore, during the construction period, the Fee will be capitalized into the Project’s cost based on $30,000 annually. After lease-up is complete, the payment will then be treated as an operating expense.

However, the subject action (environmental findings and approval of a Development Agreement) does not have a budget/financial impact on the City.

ENVIRONMENTAL REVIEW:

The proposed residential development qualifies as a transit priority project under Public Resources Code Section 21155(b), because the residential use is greater than 50 percent of development; it provides a minimum net density of at least 20 dwelling units per acre; and the project is within one-half mile of a major transit stop or high-quality transit corridor included in a regional transportation plan. The project site is substantially surrounded by urban uses and is consistent with the general use designation, density, building intensity, and applicable policies specified for the project area in the Sustainable Communities Strategy adopted by Santa Barbara County Association of Governments in 2017.

In accordance with Public Resources Code Section 21155.1, if the legislative body finds, after conducting a public hearing, that a transit priority project meets specified requirements, the transit priority project is declared to be a “sustainable communities project” and is exempt from CEQA.

Staff has reviewed the proposal and site conditions and has determined that the project complies with all the requirements of 21155.1(a) and (b) and one of the conditions of (c). (See Attachment, page 180, Environmental Review, for details.) Therefore, staff recommends the City Council make the finding that the project is a sustainable communities project.

ATTACHMENT: Planning Commission Staff Report, Dated August 3, 2023 PREPARED BY: Megan Arciniega, Project Planner
SUBMITTED BY: Elias Isaacson, Community Development Director APPROVED BY: City Administrator’s Office

ATTACHMENT

1 ORDINANCE NO. ________

AN ORDINANCE OF THE COUNCIL OF THE

CITY OF SANTA BARBARA APPROVING A
DEVELOPMENT AGREEMENT FOR A 63-UNIT
RESIDENTIAL BUILDING AT 400 W. CARRILLO

STREET BY AND BETWEEN THE CITY OF

SANTA BARBARA AND HOUSING AUTHORITY

OF THE CITY OF SANTA BARBARA
WHEREAS, Government Code Sections 65864-65869.5 authorize local agencies to enter into a binding Development Agreement (as such agreements are defined by Government Code §§65864-65869.5) with a property owner for the development of property in order to give assurances to the property owner and the City that, once approved under the applicable planning and zoning codes, a development project can proceed in accordance with existing land development policies, rules and regulations.

WHEREAS, under the Santa Barbara City Charter, the City exercises control over municipal affairs, including the land development process, and has authority to enter into development agreements for purposes consistent with the public health, safety and general welfare.

WHEREAS, the recitals of the attached Development Agreement between the City of Santa Barbara and Housing Authority of the City of Santa Barbara, a public body, corporate and politic, hereinafter referred to as the “Housing Authority,” are a complete and accurate recitation of the review conducted for and consideration given the Project (as defined in the Development Agreement) and such recitals are incorporated herein by this reference as though fully set forth herein.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA BARBARA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. The City Council finds and determines with respect to the Project as follows:

A. CEQA FINDINGS. The following environmental findings and determinations are made pursuant to and in accordance with the California Environmental Quality Act (Public Resources Code, Division13):

1. The project is exempt from further environmental review under Public Resources Code Section 21155.1 [Implementation of the Sustainable Communities Strategy] because the project involves construction of residentialonly development that provides a minimum net density of at least 20 dwelling units per acre and is within one-half mile of a major transit stop or high-quality 2 transit corridor included in a regional transportation plan and meets the requirements of Section 21155.1 (a), (b) and (c). Additionally, the development meets all the specified environmental criteria, land use criteria, and housing requirements as identified in the Planning Commission Staff Report dated August 3, 2023.

B. DEVELOPMENT AGREEMENT FINDINGS. The following findings are made pursuant to and in accordance with City Council Resolution No. 89-102:

1. The Development Agreement is consistent with the General Plan and Zoning Ordinance. The Agreement allows development of the site with a project (residential units and parking) that is compatible with the vision of the West Downtown Neighborhood area described in the General Plan, is consistent with the General Plan designation of Medium-High Density Residential due to the provision of deed-restricted affordable housing units, and is consistent with the C-G (Commercial General) zoning designation. The Development Agreement is also consistent with policies of the General Plan related to circulation, safety and environmental resources, and General Plan policies related to housing, environmental resources, visual quality, and cultural resources. Additional information is provided in Section VII of the August 3, 2023, Planning Commission Staff Report.

2. The Development Agreement is in substantial conformance with public necessity, convenience, and general welfare and good zoning practices because it will provide additional housing units that are deed-restricted as affordable housing, with the majority restricted to moderate-income or middleincome households, which is an unmet need in the community, and;

3. The Development Agreement provides assurance to the developer of the right to develop a project in accordance with the terms of the agreement and adequate consideration is provided to the City.

SECTION 2. DEVELOPMENT AGREEMENT
The City Council of the City of Santa Barbara hereby adopts the Development Agreement included as Exhibit A. The City Administrator is authorized to execute the Development Agreement on behalf of the City and to take all actions necessary or convenient to implementation of the agreement.

Exhibit A – Development Agreement
1 RECORDING REQUESTED BY:

AND WHEN RECORDED RETURN TO:

City Clerk
City of Santa Barbara
P.O. Box 1990
APN: 039-261-009 NO DOCUMENTARY TRANSFER TAX
NO FEE PER GOV. CODE §6103

DEVELOPMENT AGREEMENT BETWEEN

THE CITY OF SANTA BARBARA
AND

THE HOUSING AUTHORITY OF THE CITY OF SANTA BARBARA
THIS DEVELOPMENT AGREEMENT (“this Agreement”) is made and entered into this day of ________________, 2023, (the “Effective Date”) by and between the CITY OF SANTA BARBARA, a California charter city (the “City”) and HOUSING AUTHORITY OF THE CITY OF SANTA BARBARA, a public body, corporate and politic (the “Housing Authority”), pursuant to the authority of Sections 65864-65869.5 of the Government Code of the State of California and City Council Resolution No. 89-120. Except as otherwise defined herein, the capitalized terms used throughout this Agreement are defined in Section 27, below.

RECITALS
A. Pursuant to City Council action on September 21, 2021, the City and the Housing Authority, on or about October 6, 2021, executed a Project Agreement relating to transfer and development of real property located at 400 West Carrillo Street in the City of Santa Barbara (“Project Agreement”). A copy of the Project Agreement is attached as Exhibit A to this Agreement.

B. The purpose of this Agreement is to confirm the land use and development rights for the development project described in the Project Agreement (“Project”) subject to site specific development and design criteria established under this Agreement. (“Development Requirements”).

C. This Agreement meets the requirements of the City’s Development Agreement Procedures (City Council Resolution No. 89-120) because the Project, developed under this Agreement, will ensure that 63 residential rental units are provided for the City’s moderate-, middle-, and low- income workforce; and

EXHIBIT
2 D. The Planning Commission and City Council, upon recommendation of the Community Development Director, determined that the Project meets all requirements for exemption from the California Environmental Quality Act under Public Resources Code Section 21155.1.

E. After conducting a duly noticed public hearing on _______________, 2023, the City Planning Commission found that the Project and this Agreement are consistent with the City of Santa Barbara’s General Plan, and the City of Santa Barbara Zoning Ordinance, and therefore, recommended to City Council that the project be found exempt from CEQA and that the Development Agreement be approved.

F. After conducting a duly noticed public hearing on ______________, 2023 and after independent review and consideration, the City Council (i) affirmed the findings made by the Planning Commission (ii) found that the provisions of this Agreement provide public benefits in the City of Santa Barbara justifying the Project density, height, open yard, parking, and setback provided in this Agreement; (iii) found that the City has completed all necessary proceedings in accordance with the City’s rules and regulations for approval of this Agreement; and (iv) introduced Ordinance No. _______ approving and authorizing the execution and recording of this Agreement.

G. Ordinance No. __________ was adopted on __________ and became effective on _________________. A Notice of Exemption was filed on ________________.

TERMS OF AGREEMENT
In consideration of the mutual promises, obligations and covenants of this Agreement, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the City and the Housing Authority agree as follows:

I. Relationship to Project Agreement. This Agreement and the Project Agreement are intended to be construed together as compatible and consistent agreements; provided, however, to the extent that a provision of this Agreement is inconsistent and incompatible with the Project Agreement, the parties will in good faith interpret the provisions in a manner that best implements the Project.

II. Property Description and Binding Covenants. The Property subject to this Agreement is described in Exhibit B to this Agreement. Upon execution of this Agreement by the parties and recordation of this Agreement, the provisions of this Agreement shall constitute covenants that shall run with the Property and bind and inure to the benefit of all successors in interest and assigns of the parties hereto. This Agreement shall be recorded against the Property as required by California Government Code Section 65868.5.

III. Term; Option to Terminate. This Agreement has a term of 10 years commencing on the Effective Date (“Term”), unless said Term is terminated, modified, or extended by circumstances set forth in this Agreement, or by mutual consent of the parties hereto. 3 IV. Tolling and Extension During Legal Challenge or Moratoria. If this Agreement or any of the Development Approvals are subjected to legal challenge and the Housing Authority is unable to proceed with development of the Property due to such legal challenge (or the Housing Authority provides written notice to the City that it is electing not to proceed with development of the Property until such legal challenge is resolved to the Housing Authority’s satisfaction), the Term and timing for obligations imposed by this Agreement shall be extended and tolled during such legal challenge until the entry of a final order or judgment upholding this Agreement or the challenged Development Approval or the litigation is dismissed by stipulation of the parties; provided, however, that notwithstanding the foregoing, the Housing Authority shall have the right to elect, in the Housing Authority’s sole and absolute discretion, to proceed with development of the Property at any point by providing the City written notice that it is electing to proceed, in which event the tolling of the Term of this Agreement shall cease as of the date of such notice. Similarly, if the Housing Authority is unable to develop the Property due to the imposition by the City or other public agency of a development moratoria for a public health and safety reason unrelated to the performance of the Housing Authority’s obligations under this Agreement (including without limitation, moratoria imposed due to the unavailability of water or sewer to serve the Property), then the Term of this Agreement and the timing for obligations imposed pursuant to this Agreement shall be extended and tolled for the period of time that such moratoria prevents development of the Property.

V. Amendment to Agreement. This Agreement may be amended from time to time by mutual written consent of the parties in accordance with applicable laws governing development agreements. The parties acknowledge that under the City Zoning Ordinance and applicable rules, regulations and policies of the City, the Community Development Director or his or her designee has the discretion to approve alterations or revisions to any approved land use entitlement for the Property that are in substantial conformance with the entitlement. Accordingly, any alteration or revision to an entitlement or approval that the City Community Development Director determines to be in substantial conformance with the approved land use entitlements and relates to the Property shall not constitute nor require an amendment to this Agreement to be effective.

V I . Low Income Units. Since the Project Agreement was signed, it has been determined that 7 of the total 63 units of the Project will be occupied by Low-Income Households (qualified Housing Choice Voucher holding households with incomes under 80% of area median income).

Pursuant to the Section 8 program rules, they will pay 30% of their income towards rent and the balance of the owed rent – up to the area HUD payment standard rent for the Section 8 program – will be covered by the federal subsidy. Utility expenses for these seven units will be paid by the Owner Entity.

V I I . Permitted Uses. The permitted uses of the Property and the purpose, intensity, and density of use, applicable to the Property shall be those set forth in the Project Agreement, unless revised or clarified in this Agreement.

VIII. Development Requirements. This Agreement authorizes the Housing Authority to develop the Project at a density that will accommodate 63 rental housing units, with a building height up to 46 feet 6 inches, and open yard of 4,534 square feet. In addition, parking, fencing 4 and yard amenities may encroach into the Mission Creek Development Limitation Area that would otherwise be applicable to the Property. This Agreement authorizes the Housing Authority to provide unbundled parking allowing rental of parking spaces separately from residential units. The Development Approvals applicable to the Project will be limited to Project Design Approval and Final Approval by the Historic Landmarks Commission. In addition to project design approval by the Historic Landmarks Commission, the Housing Authority will install all public improvements and develop the Project according to the Conditions of Approval attached to this Agreement as Exhibit C. Except as otherwise provided in this Agreement, the Project will be subject to Existing City Laws.

IX. Conflicting Ordinances or Moratoria. Except as provided in this Agreement and subject to applicable law relating to the vesting provisions of development agreements, so long as this Agreement remains in full force and effect, no future resolution, rule, ordinance or legislation adopted by the City or by initiative (whether initiated by the City Council or by voter petition, other than a referendum that specifically overturns the City’s approval of this Agreement) shall directly or indirectly limit the rate, timing, sequencing or otherwise impede development of the Property from occurring in accordance with this Agreement. To the extent any future rules, ordinances, regulations or policies applicable to development of the Property are not inconsistent with this Agreement, such rules, ordinances, regulations and policies shall be applicable.

X. Authority of City. Except as otherwise provided herein, this Agreement shall not be construed to limit the authority or obligation of the City to hold necessary public hearings, or to limit the discretion of the City with regard to approval of the Development Approvals or as required under applicable laws, provided that subsequent discretionary actions shall not prevent or delay development of the Property for the permitted uses stated in Section VII of this Agreement.

XI. Application and Project Development Fees; Credit for Development Mitigation Fees. The Housing Authority shall pay those application, processing, inspection and plan check fees as may be required by the City under the then-current regulations for processing applications and requests for any subsequent entitlements for the Property, Consistent with the terms of this Agreement, the City shall have the right to impose, and the Housing Authority shall pay, such development fees, impact fees and other such fees levied or collected by the City to offset or mitigate the impacts of development of the Property pursuant to any subsequent entitlements, and which will be used to pay for public utilities and improvements attributable to the Property as have been adopted by the City as of the Effective Date of this Agreement (“Development Mitigation Fees”). Unless otherwise specifically provided in this Agreement, any Development Mitigation Fees shall be paid at the time of issuance of building permit.

XII. Existing Development Mitigation Fees. The Project is subject to water and sewer capacity and connection charges in accordance with the City’s adopted fee schedule. The Project is subject to school fees as determined according to applicable law.

XIII. New Development Mitigation Fees. If, after the Effective Date of this Agreement, the City adopts a new development mitigation fee in accordance with the Mitigation Fee Act (“New 5 Development Mitigation Fee”) and the New Development Mitigation Fee is applicable on a citywide basis and includes the Property, development of the Property will be subject to the New Development Mitigation Fee.

XIV. Development Approvals by the City. City agrees that no other land use entitlements or discretionary approvals, with the exception of Project Design Approval and Final Approval by the Historic Landmarks Commission are necessary the Project as currently proposed, and which shall be obtained before any vested rights accrue.

XV. Submission of Building and Grading Permit Applications. Housing Authority agrees to submit applications for building and grading permits for the Project within 12 months of the Project Design Approval by the Historic Landmarks Commission. Housing Authority will timely comply with all requirements of applicable building and development regulations except as otherwise provided in Section 7.

XVI. Mutual Cooperation. The parties shall mutually cooperate in achieving the purposes of this Agreement. The parties may mutually agree to minor amendments to the Project or administrative terms of this Agreement which are determined by the City’s Community Development Director to be in substantial conformity with the purpose and intent of this Agreement and do not otherwise require review by the Historic Landmark Commission or Planning Commission. If any legal action instituted by any third party or other governmental entity or official challenging the validity of any provision of this Agreement, the parties hereby agree to cooperate in defending said action.

XVII. Estoppel Certificate. Either party may, at any time, and from time to time, deliver written notice to the other party requesting such party certify in writing that, to the knowledge of the certifying party, (i) this Agreement is in full force and effect and a binding obligation of the parties, (ii) this Agreement has not been amended or modified either orally or in writing, or if so amended, identifying the amendments, and (iii) the requesting party is not in default in the performance of its obligations under this Agreement, or if in default, to describe therein the nature of the default. The party receiving the request hereunder shall execute and return such certificate to the requesting party within 30 days following receipt thereof. City acknowledges that a certificate hereunder may be relied upon by transferees and mortgagees of the Housing Authority.

XVIII. Mortgagee Protection. The parties hereto agree that this Agreement shall not prevent or limit the Housing Authority’s ability to encumber the Property, or any portion thereof, or any improvement thereon by any mortgage, deed of trust or any other security or financing instrument. City acknowledges that the Housing Authority’s lenders or potential lenders may require certain interpretations of the Agreement and modifications and agrees to meet with the Housing Authority and representatives of such lenders or potential lenders to negotiate in good faith any such request for interpretation or modification. City will not unreasonably withhold its consent to any such interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement. Any lender that obtains a mortgage or deed of trust against the Property shall be entitled to the following rights and privileges:
6 A. Neither entering this Agreement nor a breach or this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on the Property made in good faith for value, unless otherwise required by
B. The mortgagee of any mortgage or deed of trust encumbering the Property, or any part thereof, which the mortgagee has submitted a written request to the City to receive notices, may request to receive written notification from the City of any default by the Housing Authority in the performance of the Housing Authority’s obligations under this Agreement.

C. If the City timely receives a request from a mortgagee requesting a copy of any notice of default given to the Housing Authority under the terms of this Agreement, the City shall provide a copy of that notice to the mortgagee within 10 days of sending notice of default to the Housing Authority. The mortgagee shall have the right, but not the obligation, to cure the default during any cure period allowed to the Housing Authority under this Agreement.

D. Any mortgagee who comes into possession of the Property, or any part thereof, by any means, whether pursuant to foreclosure or deed in lieu of foreclosure or otherwise, shall take the Property, or part thereof, subject to the terms of this Agreement. Provided, however, notwithstanding anything to the contrary above, any mortgagee, or the successors or assigns of any mortgagee, who becomes owner of the Property, or part thereof, through foreclosure shall not be obligated to pay any fees or construct or complete any improvements, unless such Housing Authority desires to continue development of the Property consistent with this Agreement and the applicable land use entitlements, in which case the owner by foreclosure shall assume the obligations of the Housing Authority hereunder in a form acceptable to the City.

E. The foregoing limitation on mortgagees and owners by foreclosure shall not restrict the City’s ability to specifically enforce against such mortgagees or owners by foreclosure any dedication requirements under this Agreement or under any conditions of any other land use entitlements or approvals related to the Property.

XIX. State or Federal Law and Regulations. The Housing Authority acknowledges that applications for development permits may be subject to other agency applications, review, permitting, and applicable fees. In the event state or federal law or regulations enacted after the Effective Date prevent or preclude compliance with one or more provisions of this Agreement or require changes in plans or permits approved or issued by the City, this Agreement shall be suspended or, with the Housing Authority’s written consent, modified or extended as necessary to comply with such laws or regulations. Promptly following the enactment of any such law or regulation, the Housing Authority and the City shall meet and confer in good faith to determine the feasibility of any such modification, extension or suspension based on the effect such modification, extension or suspension would have on the purposes and intent of this Agreement and the cost to the Housing Authority of constructing and completing development of the Property. In addition, the Housing Authority shall have the right to challenge such law or regulation, and in the event such challenge is successful, this Agreement shall remain 7 unmodified and in full force and effect.

XX. No Waiver. No failure, delay, or omission by a party in exercising or asserting any right, power, or remedy hereunder shall impair such right, power, or remedy, and no failure, delay, or omission by a party occurring upon the other party’s noncompliance with or failure to perform the terms and conditions of this Agreement shall be construed as a waiver thereof. A waiver by either party of any failure, delay or omission on the part of the other party shall not be construed as a waiver of any succeeding failure, delay, or omission of the same or other terms or conditions hereof.

XXI. Force Majeure. In the event any party to this Agreement is unable to perform or fulfill any of the terms or conditions of this Agreement on account of acts of God, enemy action, war, strikes, walk outs, riots, governmental actions or restrictions, administrative appeals or legal actions, judicial orders, third-party actions, floods, earthquakes, fire, casualties, or similar bases for excused performance which is not within the reasonable control of the party to be excused, the party obligated to so perform or prevented from performing thereby shall be excused from said performance until such time as said party shall no longer be prevented from performing on account of any of the foregoing reasons.

XXII. No Joint Venture or Partnership. Nothing contained herein or in any document executed in connection herewith shall be construed as making the City and the Housing Authority joint venturers or partners.

XXIII. Assignment, Assumption and Release. As contemplated by and consistent with the Project Agreement, the rights and obligations of the Housing Authority under this Agreement may be transferred or assigned, provided: (i) such transfer or assignment is made as part of a transfer, assignment, sale or long-term lease of the Property and a concurrent transfer of rights to complete the development of the Property, and (ii) prior to such an assignment, the assignee executes and delivers to the City a written assumption of the Housing Authority’s obligations under this Agreement. Any such transfer or assignment shall be subject to the provisions of this Agreement. During the Term of this Agreement, any such assignee or transferee shall observe and perform all of the duties and obligations of the Housing Authority contained in this Agreement as such duties and obligations pertain to the Property so transferred or assigned. The Housing Authority shall give the City prompt written notice of any such transfer or assignment.

The Housing Authority may free itself from its obligations under this Agreement provided that the transferee or assignee expressly assumes such obligations and agrees to be bound by the terms and conditions of this Agreement with respect to the Property. Upon the full execution of the assumption and assignment agreement, the transferee or assignee shall thenceforth be deemed to be “the Housing Authority” hereunder. Notwithstanding the foregoing, this Section 22 shall not apply to any mortgagee who comes into possession of the Property, for any part thereof, by any means, whether pursuant to foreclosure or deed in lieu of foreclosure or otherwise.

XXIV. Permitted Extensions by City. In addition to any extensions of time otherwise provided in this Agreement, the City, in its sole discretion and acting through its Community Development 8 Director or his or her designee, may extend the time for performance by the Housing Authority of any obligation hereunder. Any such extension shall not require an amendment to this Agreement, so long as such extension only involves the time for performance thereof and does not change the obligations to be performed by the Housing Authority as a condition of such extension.

XXV. Notices. Any notice or communication required by this Agreement must be in writing and may be given either by personal service or registered or certified mail, return receipt requested. Any notice or communication personally served shall be deemed given and received on the date of personal service on the party noticed at the appropriate address designated below, and any notice or communication sent by registered or certified mail, return receipt requested, properly addressed to the appropriate address designated below, with postage prepaid, shall be deemed given and received on the date appearing on the signed return receipt. Any party hereto may at any time and from time to time, in the manner provided herein, designate any other address in substitution of the address to which such notice or communication shall be given. All such notices or communications shall be given to the parties at the addresses hereinafter set forth:

IF TO THE CITY:

Community Development Director
City of Santa Barbara
630 Garden Street
Post Office Box 1990
Santa Barbara, CA 93102
with copies to:

Santa Barbara City Attorney
740 State Street, Suite 201
Santa Barbara, CA 93101
IF TO THE HOUSING AUTHORITY:

Housing Authority of the
City of Santa Barbara
Attn: Executive Director/CEO
808 Laguna Street
Santa Barbara, CA 93101
with copies to:

Price, Postel & Parma LLP
Attn: Mark S. Manion
200 East Carrillo Street, Suite 400
9 Santa Barbara, CA 93101
XXVI. Enforceability. Except as otherwise provided herein, the rights of the parties under this Agreement shall be enforceable notwithstanding any change subsequent to the Effective Date in any applicable general plan, specific plan, municipal ordinance, or building, zoning, subdivision or other land use ordinance or regulation.

XXVII. Limitation of Remedies. It is acknowledged by the parties that neither party would have entered into this Agreement if doing so would subject it to the risk of incurring liability in money damages, either for breach of this Agreement, anticipatory breach, repudiation of the Agreement, or for any actions with respect to its implementation or application. The parties intend by the provisions of this Section 21 that neither of the parties shall have any liability for money damages arising out of a breach or repudiation of this Agreement, and no liability in money damages for any claims arising out of the application process, negotiation, execution and adoption, or the implementation or application of this Agreement. Each of the parties to this Agreement may pursue any remedy at law or equity available for the breach of any provision of this Agreement, including but not limited to specific performance, temporary or permanent injunctive relief, declaratory relief, or restraining orders, except that the parties shall have no liability in money damages for any acts which are alleged to have arisen out of or relate to this Agreement.

The parties further acknowledge that money damages and remedies at law generally are inadequate, and specific performance is the most appropriate remedy for the enforcement of this Agreement and should be available to all parties for the following reasons:

A. Money damages are excluded as provided above.

B. Due to the size, nature, and scope of development of the Property, it may not be practical or possible to restore the Property to its original condition once implementation of this Agreement has begun. After such implementation, the Housing Authority may be foreclosed from other choices they may have had to utilize the Property or portions thereof. The Housing Authority have invested significant time and resources and performed extensive planning and processing of the Development Approvals in agreeing to the terms of this Agreement and will be investing even more significant time and resources in implementing the Development Approvals in reliance upon the terms of this Agreement, and it is not possible to determine the sum of money which would adequately compensate the Housing Authority for such efforts.

Except for claims, demands, actions, or suits in which non-money damages is the sole remedy sought, including without limitation the remedy of specific performance, temporary or permanent injunctive relief, declaratory relief, or restraining orders, the Housing Authority, on the one hand, and the City, on the other hand, for themselves, their successors and assignees, hereby release one another’s officers, trustees, directors, partners, agents and employees from any and all claims, demands, actions, or suits of any kind or nature arising 10 out of any liability, known or unknown, present or future, including, but not limited to, any claim or liability, based or asserted, pursuant to Article I, Section 19 of the California Constitution, the Fifth and Fourteenth Amendments of the United States Constitution, or any other law or ordinance which seeks to impose any money damages, whatsoever, upon the parties because the parties entered into this Agreement, because of the terms of this Agreement, or because of the manner of implementation or performance of this Agreement.

The City agrees that unless this Agreement is amended or canceled pursuant to the provisions set forth herein it shall be enforceable according to its terms by any party hereto notwithstanding any change hereafter to any general plan, specific plan, zoning ordinance, subdivision ordinance or building regulation adopted by the City or initiative, which changes, alters or amends the rules, regulations and policies applicable to the development of the Property or the rights granted to the Housing Authority in this Agreement as of the Effective Date of this Agreement.

XXVIII. Annual Reviews. As required by California Government Code § 65865.1 and any City procedures adopted pursuant thereto, the City’s Public Works Director and Community Development Director shall review the Housing Authority’s performance pursuant to the terms of this Agreement at least once every 12 months throughout the Term of this Agreement.

XXIX. Definitions
Development Approvals. This Agreement and the specific land use and development approvals issued for the Project under this Agreement as referenced in Recital.

Existing City Laws. The City’s general plan, ordinances, resolutions, codes, rules, regulations, and official policies governing the permitted uses of land, density and intensity of use, maximum height, bulk, size, scale, design, location and construction standards and specifications applicable to this Agreement, the Conditions of Approval, and the Property in effect as of the Effective Date without regard to any amendments or modifications thereto that become effective after the Effective Date.

Low-Income Household. A household whose income does not exceed the low-income limits applicable to Santa Barbara County as defined in California Health and Safety Code Section 50093 and published annually pursuant to Title 25 of the California Code of Regulations, Section 6932 (or its successor provision) by the California Department of Housing and Community Development. For purposes of this Agreement, Low-Income Households are households with incomes below or equal to 80% of area median income, adjusted by household size.

Moderate-Income Household. A household whose income does not exceed the moderateincome limits applicable to Santa Barbara County as defined in California Health and Safety Code Section 50093 and published annually pursuant to Title 25 of the California Code of Regulations, Section 6932 (or its successor provision) by the California Department of Housing 11 and Community Development. For purposes of this Agreement, Moderate-Income Households are households with incomes above 80% of area median income and below or equal to 120% of area median income, adjusted by household size.

Middle-Income Household. A household whose income does not exceed the moderateincome limits applicable to Santa Barbara County as defined in California Health and Safety Code Section 50093 and published annually pursuant to Title 25 of the California Code of Regulations, Section 6932 (or its successor provision) by the California Department of Housing and Community Development. For purposes of this Agreement, Middle-Income Households are households with incomes above 120% of area median income and below or equal to 160% of area median income, adjusted by household size.

XXX. City’s Authority to Enter into Agreement. California Government Code §§ 65864- 65869.5 authorizes local agencies to enter into a binding development agreement (as such agreements are defined by California Government Code §§ 65864-65869.5). Under the Santa Barbara City Charter, the City exercises control over municipal affairs, including the land development process, and has the authority to enter into development agreements for purposes consistent with the public health, safety and general welfare. On October 17, 1989, the City Council adopted Resolution No. 89- 120 establishing procedures for considering statutory development agreements, which resolution sets forth in Recitals A-D thereof the City authority and public purpose of such agreements. Based on the foregoing, the City is authorized to enter into this Agreement.

XXXI. Exhibits: The exhibits to this agreement are:

Exhibit A – Project Agreement
Exhibit B – Property Description
Exhibit C – Standard Conditions of Approval
12 IN WITNESS WHEREOF, this Agreement was executed by the parties thereto as of the Execution Date.

CITY:

CITY OF SANTA BARBARA, a California
charter city
By:______________________________
City Administrator
HOUSING AUTHORITY:

HOUSING AUTHORITY OF THE CITY
OF SANTA BARBARA, a public body,
corporate and politic
By:______________________________
Rob Fredericks, Executive Director
APPROVED AS TO CONTENT:

By:______________________________
Community Development Director
APROVED AS TO FORM:

CITY ATTORNEY
Sarah J. Knecht
By:______________________________
Daniel S. Hentschke,
Assistant City Attorney
APPROVED AS TO FORM:

PRICE, POSTEL & PARMA LLP
By:______________________________
Mark S. Manion
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Audit Trail
Title

File Name

Document ID

Audit Trail Date Format

Status
Project Agreement with the City - 400 W. Carrillo
Carrillo-Castillo...reement Final.pdf
9d3f18251ca10b1a13ab241eebee0e3f8eda19d1

MM / DD / YYYY
Completed
10 / 08 / 2021
16:51:36 UTC
Sent for signature to Mark Manion ([email protected]) from [email protected]
IP: 72.215.176.98
10 / 08 / 2021
16:52:40 UTC
Viewed by Mark Manion ([email protected])
IP: 72.215.176.98
10 / 08 / 2021
16:53:28 UTC
Signed by Mark Manion ([email protected])
IP: 72.215.176.98
10 / 08 / 2021 The document has been completed.
16:53:28 UTC

EXHIBIT B

LEGAL DESCRIPTION OF THE PROPERTY
400 W. CARRILLO STREET
PLN2022-00354
Real property in the City of Santa Barbara, County of Santa Barbara, State of California, described as follows:

ALL THOSE CERTAIN PORTIONS OF BLOCK 146, IN THE CITY OF SANTA

BARBARA, COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA, ACCORDING

TO THE OFFICIAL MAP THEREOF, DESCRIBED AS PARCEL ONE, PARCEL TWO,

PARCEL THREE, PARCEL FOUR AND PARCEL FIVE IN THE GRANT DEED TO

THE REDEVELOPMENT AGENCY OF THE CITY OF SANTA BARBARA RECORDED ON APRIL 1, 1983, AS INSTRUMENT NO. 83-15727, OF OFFICIAL RECORDS OF SAID

COUNTY OF SANTA BARBARA, SAID PARCELS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

PARCEL ONE:

COMMENCING AT A POINT IN THE SOUTHWESTERLY LINE OF CASTILLO STREET DISTANT 150 FEET SOUTHEASTERLY FROM THE MOST NORTHERLY CORNER OF BLOCK 146, AS SAID STREET AND SAID BLOCK ARE DESIGNATED AND SHOWN

ON THE OFFICIAL MAP AND SURVEY OF SAID CITY OF SANTA BARBARA, AND RUNNING THENCE SOUTHEASTERLY ALONG SAID LINE OF CASTILLO STREET, 50 FEET; THENCE AT RIGHT ANGLES SOUTHWESTERLY AND INTO SAID BLOCK 150 FEET; THENCE AT RIGHT ANGLES NORTHWESTERLY 50 FEET; THENCE AT RIGHT ANGLES NORTHEASTERLY 150 FEET TO THE SOUTHWESTERLY LINE OF CASTILLO STREET AND THE PLACE OF BEGINNING;
PARCEL TWO:

BEGINNING AT THE INTERSECTION OF THE SOUTHWESTERLY LINE OF CASTILLO STREET WITH THE NORTHWESTERLY LINE OF CARRILLO STREET; AND RUNNING

THENCE SOUTHWESTERLY ALONG SAID NORTHWESTERLY LINE OF CARRILLO STREET 225 FEET; THENCE AT RIGHT ANGLES NORTHWESTERLY 275 FEET; THENCE AT RIGHT ANGLES NORTHEASTERLY 75 FEET; THENCE AT RIGHT ANGLES SOUTHEASTERLY 175 FEET; THENCE AT RIGHT ANGLES
NORTHEASTERLY 150 FEET TO SAID SOUTHWESTERLY LINE OF CASTILLO STREET; THENCE SOUTHEASTERLY ALONG SAID LINE 100 FEET TO THE POINT OF BEGINNING; EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED DECEMBER 30, 1959, AS INSTRUMENT NO. 43729 IN BOOK 1701, PAGE 371 OF OFFICIAL RECORDS;
PARCEL THREE:

BEGINNING AT A POINT ON THE SOUTHWESTERLY LINE OF CASTILLO STREET, DISTANT THEREON 300 FEET SOUTHEASTERLY FROM THE MOST NORTHERLY CORNER OF SAID BLOCK; THENCE SOUTHEASTERLY ALONG SAID STREET LINE 50 FEET TO A POINT; THENCE AT RIGHT ANGLES SOUTHWESTERLY 150 FEET TO A POINT; THENCE AT RIGHT ANGLES NORTHWESTERLY 50 FEET TO THE POINT OF BEGINNING;
PARCEL FOUR:

BEGINNING AT A POINT ON THE SOUTHWESTERLY LINE OF CASTILLO STREET, DISTANT THEREON 250 FEET SOUTHEASTERLY FROM THE NORTHERLY CORNER OF SAID BLOCK; THENCE SOUTHEASTERLY ALONG SAID LINE OF CASTILLO STREET 50 FEET; THENCE AT RIGHT ANGLES SOUTHWESTERLY 150 FEET; THENCE AT RIGHT ANGLES NORTHWESTERLY 50 FEET; THENCE AT RIGHT ANGLES NORTHEASTERLY 150 FEET TO THE POINT OF BEGINNING; PARCEL FIVE:

BEGINNING AT A POINT ON THE SOUTHWESTERLY LINE OF CASTILLO STREET, DISTANT THEREON 200 FEET SOUTHEASTERLY FROM THE NORTHERLY CORNER OF SAID BLOCK 146; THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY LINE 50 FEET; THENCE AT RIGHT ANGLES SOUTHWESTERLY 150 FEET; THENCE AT RIGHT ANGLES NORTHWESTERLY 50 FEET; THENCE AT RIGHT ANGLES NORTHEASTERLY 150 FEET TO THE POINT OF BEGINNING.

APN: 039-261-009

EXHIBIT C

CONDITIONS OF APPROVAL
400 W. CARRILLO STREET
PLN2022-00354
In consideration of this Development Agreement and for the benefit of the owner(s) and occupant(s) of the Real Property, the owners and occupants of adjacent real property and the public generally, the following terms and conditions are imposed on the use, possession, and enjoyment of the Real Property. For purposes of these terms and conditions the term Owner means the Housing Authority or any successor in interest to the Housing Authority as permitted under the Project Agreement and the Development Agreement.

A. Order of Development. The Project will be implemented as provided in the Development Agreement, Project Agreement, and these Conditions of Approval. In addition, before construction the following steps shall occur in the order identified:

1. Obtain all required design review approvals.

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

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

B. General Conditions.

1. Approved Development. The development of the Real Property approved by the City Council on ______ is limited to an approximately 50,000-square-foot building with 63 income-restricted dwelling units, as described in the Development Agreement and as shown on the plans reviewed by the City Council on said date and on file at the City of Santa Barbara. The project incorporates the following by reference into the scope of work for the approved development:
• All noise attenuation measures identified in Environmental Noise Assessment Memorandum, by Jonathan Leech, Dudek, dated April 18, 2023; and
• All remediation activities identified in the Corrective Action Plan, Soil Management Plan and Vapor Intrusion Mitigation System as approved per Santa Barbara County Environmental Health Services comments in letter dated May 1, 2023, and email dated June 2, 2023.
• All recommendations identified in the Arborist Report, prepared by Bill Spiewak dated January 9, 2023.

In addition to the development conditions stated in the Development Agreement, the Project is subject to the following conditions of approval, except that if any of these

EXHIBIT C - CONDITIONS OF APPROVAL
400 W. CARRILLO STREET
PAGE 2 OF 12
conditions conflict with an express provision of the Development Agreement, the provisions of the Development Agreement shall control.

2. Annual Resident Survey. For informational purposes only, the owner of all Average Unit-Size Density Incentive Program projects in the Medium High and High Density and Priority Housing Overlay zones shall conduct and annual resident survey and report the following information for each unit to the Planning Division by December 31st of each year for the first eight years of the project commencing six months after the final Certificate of Occupancy. The annual report for each unit shall include:
a. Net floor area.
b. Number of bedrooms.
c. Monthly rent (or condominium purchase price) and utilities. d. Periods of vacancy.
e. Household size.
f. Current employment location of each adult resident by zip code. g. Prior employment location of each adult resident by zip code. h. Prior residence zip code for each adult.
i. Number of cars, trucks and bikes owned by each resident. Please list types of alternative transportation used (if any).

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

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

5. Use Limitations. Uses allowed on site will be limited by a recorded Land Use Covenant, as required by Santa Barbara County Environmental Health Services.

EXHIBIT C - CONDITIONS OF APPROVAL
400 W. CARRILLO STREET
PAGE 3 OF 12

6. Landscape Plan Compliance. The Owner shall comply with the Landscape Plan approved by the Historic Landmarks Commission (HLC). Such plan shall not be modified unless prior written approval is obtained from the HLC. The landscaping on the Real Property shall be provided and maintained in accordance with said landscape plan, including any tree protection measures. If said landscaping is removed for any reason without approval by the HLC, the owner is responsible for its immediate replacement.

7. Storm Water Pollution Control and Drainage Systems Maintenance. Owner shall maintain the drainage system and storm water pollution control devices in a functioning state and in accordance with the Storm Water BMP Guidance Manual and Operations and Maintenance Procedure Plan approved by the Creeks Division.

Should any of the project’s surface or subsurface drainage structures or storm water pollution control methods fail to capture, infiltrate, and/or treat water, or result in increased erosion, the Owner shall be responsible for any necessary repairs to the system and restoration of the eroded area. Should repairs or restoration become necessary, prior to the commencement of such repair or restoration work, the Owner shall submit a repair and restoration plan to the Community Development Director to determine if an amendment or a new Building Permit is required to authorize such work. The Owner is responsible for the adequacy of any project-related drainage facilities and for the continued maintenance thereof in a manner that will preclude any hazard to life, health, or damage to the Real Property or any adjoining property.

8. Rental Housing Restrictions. All of the rental units will be deed-restricted in accordance with the Development Agreement and the City’s Affordable Housing Policies and Procedures (AHP&P).

9. Pesticide or Fertilizer Usage Near Creeks. The use of pesticides or fertilizer shall be prohibited within the Development Limitation Area, which drains directly into Mission Creek.

10. Residential Permit Parking Program. Residents shall not participate in the Residential Permit Parking Program.

11. Common Area Maintenance. All common/shared areas shall be kept open, available and maintained in the manner in which it was designed and permitted.

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

C. Design Review. The project, including public improvements, is subject to the review and approval of the Historic Landmarks Commission (HLC). The HLC shall not grant project design approval until the following conditions have been satisfied.

1. Tree Removal and Replacement. Tree removal shall follow the Tree Disposition Plan and arborist report prepared by Bill Spiewak, dated January 9, 2023, and on file with the Community Development Department. All trees removed in the future, except fruit trees and street trees approved for removal without replacement by the Parks Department, shall be replaced on-site on a one-for-one basis with minimum 15

EXHIBIT C - CONDITIONS OF APPROVAL
400 W. CARRILLO STREET
PAGE 4 OF 12
gallon size tree(s) of an appropriate species or like species, in order to maintain the site’s visual appearance and reduce impacts resulting from the loss of trees.

2. Tree Protection Measures. The landscape plan and grading plan shall include the following tree protection measures:
a. Tree Protection. All trees not indicated for removal on the approved landscape plan shall be preserved, protected, and maintained, in accordance with the Tree Protection Plan and any related Conditions of Approval. b. Landscaping Under Trees. Landscaping under the tree(s) shall be compatible with the preservation of the tree(s), as determined by the HLC. c. Arborist’s Report / Tree Protection Plan. Include a note on building plan cover sheet that the measures contained in the arborist’s report prepared by Bill Spiewak, dated January 9, 2023, shall be implemented. Reproduce the arborist report and Tree Disposition Plan on the building plan set. d. During Construction. During construction the following measures shall be implemented:
(1) All trees within 25 feet of proposed construction activity shall be fenced three feet outside the dripline for protection.
(2) No grading shall occur within three feet of the dripline(s) of the existing tree(s) proposed to remain.
(3) A qualified Arborist shall be present during any excavation beneath the dripline(s) of the tree(s) which are required to be protected. All excavation within the dripline(s) of the tree(s) shall be minimized and shall be done with hand tools.
(4) Any roots encountered shall be cleanly cut and sealed with a tree-seal compound.
(5) Any root pruning and trimming shall be done under the direction of a qualified Arborist.
(6) No heavy equipment, storage of materials or parking shall take place under the dripline of any tree(s), or within five (5) feet of the dripline of any oak tree.
(7) Oak seedlings and saplings less than four inches (4”) at four feet (4’) above the ground that are removed during construction shall be transplanted where feasible. If transplantation is not feasible, replacement trees shall be planted at a minimum one to one (1:1) ratio. Replacement trees shall be a minimum of one (1) gallon size derived from South Coastal Santa Barbara County stock.

3. Landscape Screening. The existing landscaping buffer along the Mission Creek property, including large canopy trees, shall be maintained to preserve the noise and air quality buffer from traffic along Highway 101.

EXHIBIT C - CONDITIONS OF APPROVAL
400 W. CARRILLO STREET
PAGE 5 OF 12

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

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

6. Project Directory. A project directory (including map and parking directional signs) listing all units on-site shall be indicated on the project plans. This directory shall be lit sufficiently for readability for site visitors and placed in a location or locations acceptable to the Fire Department, shall meet current accessibility requirements, and is subject to Design Review Approval and Sign Committee approval.

7. Trash Enclosure Provision. A trash enclosure with adequate area for recycling containers (an area that allows for a minimum of 50 percent of the total capacity for recycling containers) shall be provided on the Real Property and screened from view from surrounding properties and the street. Dumpsters and containers with a capacity of 1.5 cubic yards or more shall not be placed within 5 feet of combustible walls, openings, or roofs, unless protected with fire sprinklers.

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

Please note that these conditions are in addition to the standard submittal requirements for each department.

1. Public Works Department.
a. Approved Public Improvement Plans. Public Improvement Plans as identified in condition D.1.b “Carrillo and Castillo Street Public Improvements” shall be submitted to the Public Works Department for review and approval. Upon acceptance of completed public improvement plans, a Building permit may be issued.
b. Dedication(s). Easements, as shown on the approved site plan and described as follows, are reserved by City, subject to approval of the easement scope and location by the Public Works Department and/or the Building and Safety Division:
(1) All street purposes along Carrillo Street in order to establish a 15-foot wide public right-of-way, comprised of a minimum 0’-6” curb, 4’-0” parkway, 8’-0” sidewalk and 2’-6” of “frontage zone.” The frontage zone may be located within the private property, however walls may not exceed 3’-6” within the frontage zone.

EXHIBIT C - CONDITIONS OF APPROVAL
400 W. CARRILLO STREET
PAGE 6 OF 12
c. Carrillo and Castillo Street Public Improvements. The Owner shall submit C-1 public improvement or Public Works plans for construction of improvements along the property frontage on Carrillo Street and Castillo Street. Plans shall be submitted separately from plans submitted for a Building Permit, and shall be prepared by a licensed civil engineer registered in the State of California. As determined by the Public Works Department, the improvements shall include new and/or remove and replace to City standards, the following: new sidewalk and access ramp, one driveway apron, curb and gutter replacement as needed, asphalt concrete on aggregate base or crack seal to the centerline of the street along Castillo Street property frontage and slurry seal a minimum of 20 feet beyond the limits of all trenching, connection to City water and sewer mains and utilities, connection to existing City storm drain, preserve and/or reset survey monuments, supply and install directional/regulatory traffic control signs per the CA MUTCD during construction, add an ADA accessible push button shall be added on the streetlight lamp post with a maximum 10-inch reach, and provide adequate positive drainage from site. Any work in the public right-of-way requires a Public Works Permit.
d. Construction-Related Truck Trips. Construction-related truck trips for trucks with a gross vehicle weight rating of three tons or more shall not be scheduled during peak hours (7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m.) in order to help reduce truck traffic on adjacent streets and roadways. e. Bike Share. Explore feasibility of incorporating bike share along the Castillo Street frontage.
f. Encroachment Permits. Any encroachment or other permits from the City or other jurisdictions (State, Flood Control, County, etc.) for the construction of improvements (including any required appurtenances) within their rights of way or easements shall be obtained by the Owner.

2. Community Development Department.
a. Drainage and Water Quality. The project is required to comply with Tier 4 (on-site) and Tier 2 (right-of-way) requirements of the Storm Water BMP Guidance Manual, pursuant to Santa Barbara Municipal Code Chapter 22.87 (treatment, rate and volume). The Owner shall submit drainage calculations prepared by a registered civil engineer or licensed architect demonstrating that the new development will comply with the City’s Storm Water BMP Guidance Manual. Project plans for grading, drainage, stormwater facilities and treatment methods, and project development, shall be subject to review and approval by the City Building Division and Public Works Department. Sufficient engineered design and adequate measures shall be employed to ensure that no unpermitted construction-related or long-term effects from increased runoff, erosion and sedimentation, urban water pollutants (including, but not limited to trash, hydrocarbons, fertilizers, bacteria, etc.), or groundwater pollutants would result from the project.

EXHIBIT C - CONDITIONS OF APPROVAL
400 W. CARRILLO STREET
PAGE 7 OF 12
For any proprietary treatment devices that are proposed as part of the project’s final Storm Water Management Plan, the Owner shall provide an Operations and Maintenance Procedure Plan consistent with the manufacturer’s specifications (describing schedules and estimated annual maintenance costs for pollution absorbing filter media replacement, sediment removal, etc.). The Plan shall be reviewed and approved by the Creeks Division for consistency with the Storm Water BMP Guidance Manual and the manufacturer’s specifications.

After certificate of occupancy is granted, any proprietary treatment devices installed will be subject to water quality testing by City Staff to ensure they are performing as designed and are operating in compliance with the City’s Storm Water MS4 Permit.
b. Water Usage. The applicant shall demonstrate the buildings and landscaping have been designed to achieve 25 percent less water usage than the average household use in the region.
c. Contractor and Subcontractor Notification. The Owner shall notify in writing all contractors and subcontractors of the site rules, restrictions, and Conditions of Approval. Submit a draft copy of the notice to the Planning Division for review and approval.
d. Letter of Commitment for Neighborhood Notification Prior to Construction.

The Owner shall submit to the Planning Division a letter of commitment to provide the written notice specified in condition E.1 “Neighborhood Notification Prior to Construction” below. The language of the notice and the mailing list shall be reviewed and approved by the Planning Division prior to being distributed. An affidavit signed by the person(s) who compiled the mailing list shall be submitted to the Planning Division.
e. Design Review Requirements. Plans shall show all design, landscape and tree protection elements, as approved by the appropriate design review board and as outlined in Section C “Design Review,” and all elements/specifications shall be implemented on-site.
f. Chumash Monitoring. Prior to permit issuance, submit a contract with a Chumash Monitor from the most current City Qualified Chumash Site Monitors List for monitoring during all grading, excavation, trenching, vegetation or paving removal, ground clearance, and site preparation that involves earthmoving operations. The contract shall be subject to the review and approval of the Environmental Analyst.
g. Conditions on Plans/Signatures. The conditions of approval shall be provided on a full size drawing sheet as part of the drawing sets. The following statement shall be signed prior to issuance of and permits: The undersigned have read and understand the required conditions, and agree to abide by any and all conditions which are their usual and customary responsibility to perform, and which are within their authority to perform.

EXHIBIT C - CONDITIONS OF APPROVAL
400 W. CARRILLO STREET
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Signed:
_____________________________________________________________ Housing Authority Date
_____________________________________________________________ Contractor Date License No.
_____________________________________________________________ Architect Date License No.
_____________________________________________________________ Engineer Date License No.

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

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

2. Construction Contact Sign. Immediately after Building permit issuance, signage shall be posted at the points of entry to the site that list the contractor(s) name, contractor(s) telephone number(s), construction work hours, site rules, and construction-related conditions, to assist Building Inspectors and Police Officers in the enforcement of the conditions of approval. The font size shall be a minimum of

0.5 inches in height. Said sign shall not exceed six feet in height from the ground if it is free-standing or placed on a fence. It shall not exceed 24 square feet if in a multifamily or commercial zone or six square feet if in a single family zone.

3. Construction Hours. Construction (including preparation for construction work) shall only be permitted Monday through Friday between the hours of 7:00 a.m. and 8:00 p.m. and Saturdays between the hours of 9:00 a.m. and 4:00 p.m., excluding the following holidays:

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

When, based on required construction type or other appropriate reasons, it is necessary to do work outside the allowed construction hours, contractor shall contact the City to request a waiver from the above construction hours, using the procedure outlined in Santa Barbara Municipal Code §9.16.015 Construction Work at Night.

Contractor shall notify all residents within 300 feet of the parcel of intent to carry out said construction a minimum of 48 hours prior to said construction. Said notification shall include what the work includes, the reason for the work, the duration of the proposed work and a contact number.

4. Construction Fencing. A temporary construction noise barrier shall be erected and maintained along the northern and eastern site boundaries, as recommended by the Noise Assessment prepared by Dudek dated April 18, 2023.

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

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

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

8. Air Quality and Dust Control. The following measures shall be shown on grading and building plans and shall be adhered to throughout grading, hauling, and construction activities:
a. During construction, use water trucks or sprinkler systems to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this should include wetting down such areas in the late morning and after work is completed for the day. Increased watering frequency should be

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required whenever the wind speed exceeds 15 mph. Reclaimed water should be used whenever possible. However, reclaimed water should not be used in or around crops for human consumption.
b. Minimize amount of disturbed area and reduce on site vehicle speeds to 15 miles per hour or less.
c. If importation, exportation and stockpiling of fill material is involved, soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. Trucks transporting fill material to and from the site shall be tarped from the point of origin. d. Gravel pads shall be installed at all access points to prevent tracking of mud onto public roads.
e. After clearing, grading, earth moving or excavation is completed, treat the disturbed area by watering, or revegetating, or by spreading soil binders until the area is paved or otherwise developed so that dust generation will not occur. f. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust offsite. Their duties shall include holiday and weekend periods when work may not be in progress. The name and telephone number of such persons shall be provided to the Air Pollution Control District prior to land use clearance for map recordation and land use clearance for finish grading of the structure.
g. All portable diesel-powered construction equipment shall be registered with the state’s portable equipment registration program OR shall obtain an APCD permit.
h. Fleet owners of mobile construction equipment are subject to the California Air Resource Board (CARB) Regulation for In-use Off-road Diesel Vehicles (Title 13 California Code of Regulations, Chapter 9, § 2449), the purpose of which is to reduce diesel particulate matter (PM) and criteria pollutant emissions from inuse (existing) off-road diesel-fueled vehicles. For more information, please refer to the CARB website at www.arb.ca.gov/msprog/ordiesel/ordiesel.htm. i. All commercial diesel vehicles are subject to Title 13, § 2485 of the California Code of Regulations, limiting engine idling time. Idling of heavy-duty diesel construction equipment and trucks during loading and unloading shall be limited to five minutes; electric auxiliary power units should be used whenever possible. j. Diesel construction equipment meeting the California Air Resources Board (CARB) Tier 1 emission standards for off-road heavy-duty diesel engines shall be used. Equipment meeting CARB Tier 2 or higher emission standards should be used to the maximum extent feasible.
k. Diesel powered equipment should be replaced by electric equipment whenever feasible.

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400 W. CARRILLO STREET
PAGE 11 OF 12
l. If feasible, diesel construction equipment shall be equipped with selective catalytic reduction systems, diesel oxidation catalysts and diesel particulate filters as certified and/or verified by EPA or California. m. Catalytic converters shall be installed on gasoline-powered equipment, if feasible.
n. All construction equipment shall be maintained in tune per the manufacturer’s specifications.
o. The engine size of construction equipment shall be the minimum practical size. p. The number of construction equipment operating simultaneously shall be minimized through efficient management practices to ensure that the smallest practical number is operating at any one time. Construction worker trips should be minimized by requiring carpooling and by providing for lunch onsite.

9. Unanticipated Archaeological Resources Contractor Notification. Standard discovery measures shall be implemented per the City master Environmental Assessment throughout grading and construction: Prior to the start of any vegetation or paving removal, demolition, trenching or grading, contractors and construction personnel shall be alerted to the possibility of uncovering unanticipated subsurface archaeological features or artifacts. If such archaeological resources are encountered or suspected, work shall be halted immediately, the City Environmental Analyst shall be notified and the Owner shall retain an archaeologist from the most current City Qualified Archaeologists List. The latter shall be employed to assess the nature, extent and significance of any discoveries and to develop appropriate management recommendations for archaeological resource treatment, which may include, but are not limited to, redirection of grading and/or excavation activities, consultation and/or monitoring with a Barbareño Chumash representative from the most current City qualified Barbareño Chumash Site Monitors List, etc.

If the discovery consists of possible human remains, the Santa Barbara County Coroner shall be contacted immediately. If the Coroner determines that the remains are Native American, the Coroner shall contact the California Native American Heritage Commission. A Barbareño Chumash representative from the most current City Qualified Barbareño Chumash Site Monitors List shall be retained to monitor all further subsurface disturbance in the area of the find. Work in the area may only proceed after the Environmental Analyst grants authorization.

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

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

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F. Prior to Certificate of Occupancy. Prior to issuance of the Certificate of Occupancy, the Housing Authority shall complete the following:

1. Repair Damaged Public Improvements. Repair any public improvements (curbs, gutters, sidewalks, roadways, etc.) or property damaged by construction subject to the review and approval of the Public Works Department per SBMC §22.60. Where tree roots are the cause of the damage, the roots shall be pruned under the direction of a qualified arborist.

2. Traffic Loop. Coordinate with City Traffic Engineering staff during construction to ensure the vehicle loop detection is not damaged during installation of the new access ramp installation. If it is damaged, the developer/contractor will be required to replace the traffic loops.

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

4. Noise Measurements. Submit a final report from a licensed acoustical engineer, verifying that interior and exterior living area noise levels are within acceptable levels as specified in the Noise Element. In the event the noise is not mitigated to acceptable levels, additional mitigation measures shall be recommended by the noise specialist and implemented subject to the review and approval of the Building and Safety Division and the Historic Landmarks Commission (HLC).

5. Rental Affordability Provisions Approval. Obtain from the Community Development Director, or Director’s designee in the City’s Housing Programs Division, written approval of the following: (a) the recorded affordability covenant as approved by the City Attorney, (b) the process for selecting the initial residents of the affordable rental units, (c) the eligibility of the initial residents, and (d) the form of the rental agreement used. For projects with senior occupancy requirements or restrictions on the number of motor vehicles per resident, obtain from the Community Development Director, or Director’s designee in the City’s Housing Programs Division, written approval of the recorded implementing document, which assures compliance with the senior housing restriction and/or the restrictions on the number of motor vehicles owned, used, possessed or stored by residents.

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: September 26, 2023
TO: Mayor and Councilmembers
FROM: Downtown Team Division, Public Works Department; City Attorney; Community Development Department
SUBJECT: Continuing the State Street Promenade Pilot Program, Adding Title 31 to the Santa Barbara Municipal Code, and Update on State Street Interim Operations [Ordinance Introduction]
RECOMMENDATIONS: That Council:

A. Introduce and subsequently adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Amending the Santa Barbara Municipal Code by Adding Title 31 Relating to the State Street Promenade; and B. Receive an update on State Street Interim Operations.

EXECUTIVE SUMMARY:

At the Council meeting on June 27, 2023, in light of the Economic Recovery Extension and Transition Ordinance’s (ERETO) pending expiration, Council directed the City Attorney to prepare an ordinance to continue the temporary closure to motor vehicles and revised vehicle configurations on portions of State Street. Council also directed the City Attorney to prepare an ordinance allowing the continuation of temporary outdoor business facilities in the public right-of-way on the State Street Promenade (Promenade), as well as the 1300 block of State Street and 00 block of West Victoria. The proposed Ordinances are detailed in this Council Agenda Report.

Additionally, at the Council meeting on August 29, 2023, Council requested staff prepare monthly updates and actionable items regarding State Street Interim Operations.

DISCUSSION:

Proposed Ordinance Adding Title 31 Relating to the State Street Promenade The ERETO expires on December 31, 2023, and authorizes, among other things, the temporary closure of the Promenade as a pilot program pending completion of the Create State – State Street Master Plan (Master Plan) and further Council action. The State Street Promenade Pilot Program (Pilot Program) is a temporary program initially Agenda Item No. 12
File Code No. 530.04
Council Agenda Report
Continuing the State Street Promenade Pilot Program, Adding Title 31 to the Santa Barbara Municipal Code, and Update on State Street Interim Operations [Ordinance Introduction] September 26, 2023

authorized under Vehicle Code § 21101 (e) and is now authorized under Vehicle Code §§ 21101 (e) and (f).

At the Council meeting on June 27, 2023, in light of the ERETO’s pending expiration, Council reviewed options for the Promenade and stated its intention to extend the Pilot Program until December 31, 2026, or until the adoption of the Master Plan, whichever is earlier. Council directed the City Attorney to prepare an ordinance to continue the temporary closure to motor vehicles on the 500 through 1200 blocks of State Street and continue the revised vehicle configurations on the 400 and 1300 blocks of State Street and 00 block of West Victoria. Council also directed the City Attorney to prepare an ordinance allowing the continuation of temporary outdoor business facilities in the public right-of-way on the Promenade (500 to 1200 blocks of State Street) as well as the 1300 block of State Street and 00 block of West Victoria, subject to the rules and regulations under the ERETO, including maintenance of valid outdoor business facility license agreements and payment of required monthly license fees.

The proposed Ordinance address both Council directives. The proposed Ordinance builds upon provisions of the ERETO relating to operations and facilities on the Promenade and adds a new Title 31 to the Municipal Code in anticipation of the future need to accommodate additional provisions implementing recommendations of the Master Plan. The proposed Ordinance also implements Council’s action at its August 22, 2023, meeting during which it stated its intention to regularly discuss, evaluate, and direct Pilot Program activities within the Promenade and the Master Plan project area for the duration of the Pilot Program (see Section 4 of the proposed Ordinance). The proposed Ordinance also has provisions relating to participation by the Historic Landmarks Commission (HLC) and the Access Advisory Committee (AAC). These provisions are contained in Sections 3 and 4 of the Ordinance, which are discussed in more detail below.

The primary operative provisions are contained in Section 2 of the proposed Ordinance, which adds Title 31 to the Municipal Code. Title 31, as proposed, is composed of four chapters.

Chapter 31.10 continues the existing designation of the Promenade as State Street between Victoria Street and Haley Street. This designation was initially established in the ERETO and has been used in other provisions of the Municipal Code, e.g., Sections

9.49.020 and 9.49.110.

Chapter 31.20 addresses vehicular traffic. It continues the existing closure to motor vehicles as well as the existing authority of the City Administrator to adopt regulations and to pilot other traffic patterns and closure configurations in consultation with the Fire Marshal and City Traffic Engineer. Modified traffic patterns may also be authorized on Victoria Street between State and Chapala Streets and on the 1300 block of State Street in consultation with the Fire Marshal and City Traffic Engineer. Additional authorization for operation of shuttle service is included based on Council’s direction at its meeting on August 29, 2023.

Council Agenda Report
Continuing the State Street Promenade Pilot Program, Adding Title 31 to the Santa Barbara Municipal Code, and Update on State Street Interim Operations [Ordinance Introduction] September 26, 2023

Chapter 31.30 continues the existing authorization for outdoor business facilities within the Promenade as well as the existing regulations, including Americans with Disabilities Act (ADA) requirements. To assist in ADA enforcement, a provision has been added authorizing staff to require an outdoor business facility owner to submit a Certified Access Specialist report demonstrating compliance. Chapter 31.30 authorizes the City Administrator to adopt new regulations and modify existing regulations for outdoor business facilities with the AAC’s approval. Section 3 of the proposed Ordinance provides that the City Administrator will seek the advice of the HLC and AAC regarding outdoor business facility regulations and provides a specific timeframe for that review. Chapter

31.30 also continues existing authorization to abate outdoor business facilities that are subject to two or more notices of violation.

Chapter 31.40 provides that the violations of Title 31 or any of the regulations may be enforced in the same manner as other violations of the Municipal Code. Further, in addition to any other enforcement authority, the provisions governing outdoor business facilities may be enforced by the Public Works Director or employees to whom the Public Works Director has vested enforcement authority.

Section 3 of the proposed Ordinance requires submission of new or amended regulations relating to outdoor business facilities to the HLC and AAC for a report and recommendation. The HLC or AAC will have 60 days to submit their reports. Pilot Program activities relating to operation of the Promenade for transportation purposes, including placement of traffic control devices, lane striping, regulatory signage, use patterns, and the like, are not subject to prior review and may be implemented immediately.

Section 4 of the proposed Ordinance implements Council’s intention to regularly discuss, evaluate, and direct Pilot Program activities. The City Administrator is directed to place an administrative item on a regular agenda on an approximately monthly basis. During those agenda items, the chairpersons of the HLC and AAC will be able to make presentations and recommendations as part of the agenda item, instead of being restricted to the public comment period.

Like the ERETO before it, the proposed Ordinance is exempt from California Environmental Quality Act Guidelines §§ 15301 (existing facilities); 15303 (construction of small structures), and 14304 (e) minor, temporary uses of land). Section 5 of the proposed Ordinance restates this exemption in the same manner as in the ERETO.

Update on State Street Interim Operations
On August 11, 2023, the State Street Interim Operations Ad Hoc Subcommittee, which is comprised of Councilmembers Kristen Sneddon, Michael Jordan, and Oscar Gutierrez, sent a memorandum to the City Administrator, City Attorney, and Mayor and Council with their recommendations for changes to operations on State Street. At the Council meeting on August 29, 2023, staff provided additional information and input regarding the proposed recommendations. Council directed staff to further pursue the following recommendations:

Council Agenda Report
Continuing the State Street Promenade Pilot Program, Adding Title 31 to the Santa Barbara Municipal Code, and Update on State Street Interim Operations [Ordinance Introduction] September 26, 2023

1. Deep Cleaning of the Master Plan project area;

2. Implement Temporary Bike Lanes in the Master Plan project area;

3. Introduce Drop Off/Pick Up Zone at Granada Theatre; and

4. Introduce a Shuttle/People Mover on State Street.

Staff will provide an update on each of the recommendations.

BUDGET/FINANCIAL INFORMATION:

Administration, maintenance, and operation of the temporary Promenade and Outdoor Business Facility Program within the public right-of-way requires considerable staff time and financial resources. Fiscal Year 2024 maintenance and operational costs for the existing Promenade are estimated to be approximately $550,000. As part of the approved Fiscal Year 2024 budget, Downtown Parking will look to recover approximately $250,000 of the estimated $550,000 to maintain and operate the existing Promenade at its current (Fiscal Year 2023) level. Without the required financial resources or staffing to actively manage the maintenance, operations, and Outdoor Business Facility Program at its current level, Downtown Parking will look to make strategic reductions in Promenade maintenance and operational costs during Fiscal Year 2024. At the same time, the continuation of temporary outdoor dining on the Promenade may result in a slight increase in tax revenues due to expanded restaurant seating capacity.

Budget implications vary depending on Council recommendations regarding State Street Interim Operations. However, most will require funding and a Council-identified funding source to effectuate the recommendation.

PREPARED BY: Brian J. Bosse, Downtown Team Manager/nv
Daniel S. Hentschke, Assistant City Attorney
Tess Harris, State Street Master Planner
SUBMITTED BY: Clifford M. Maurer, P.E., Public Works Director APPROVED BY: City Administrator’s Office

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1 ORDINANCE NO. ________

AN ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA

BARBARA AMENDING THE SANTA BARBARA MUNICIPAL
CODE BY ADDING TITLE 31 RELATING TO THE STATE

STREET PROMENADE

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

SECTION 1. Background.

A. On May 27, 2020, the City Council adopted Ordinance No. 5944, an uncodified emergency ordinance of the Council of the City of Santa Barbara pertaining to Covid-19 economic recovery.

B. On August 11, 2020, the City Council adopted Ordinance No. 5963, an uncodified emergency ordinance of the Council of the City of Santa Barbara extending and amending Ordinance No. 5944 pertaining to Covid-19 economic recovery.

C. On February 23, 2021, the City Council adopted Ordinance No. 5993, an uncodified emergency ordinance of the Council of the City of Santa Barbara extending and amending Ordinance No. 5944 and Ordinance No. 5963, authorizing the City Administrator to make recovery related amendments to leases for City property and providing additional relief pertaining to Covid-19 economic recovery.

D. On February 1, 2022, the City Council adopted Ordinance No. 6055, commonly referred to as the Economic Recovery Extension and Transition Ordinance or ERETO, an uncodified ordinance of the Council of the City of Santa Barbara providing an economic recovery extension and transition period by amending, restating, and extending provisions previously included in the emergency economic recovery ordinances. Among other things, the ERETO designated State Street between Victoria Street and Haley Street as the State Street Promenade.

E. The ERETO expires on December 31, 2023, according to its terms. The City Council desires to continue the operation of the State Street Promenade as a pilot program pending completion of work of the State Street Advisory Committee and adoption of the State Street Master Plan.

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2 F. This Ordinance is adopted as a municipal affair for the benefit, health, safety, and welfare of the people of Santa Barbara pursuant to the City’s power under Vehicle Code Section 21101 and City Charter Sections 400, 401, and 505.

SECTION 2. The Santa Barbara Municipal Code is amended by the adding Title 31 to read as follows:

Title 31 State Street Promenade
Chapter 31.10 Designation
Chapter 31.20 Vehicular Traffic
Chapter 31.30 Outdoor Business Facilities
Chapter 31.40 Enforcement
Chapter 31.10 Designation

31.10.010 State Street Promenade.

State Street between Victoria Street and Haley Street is designated as the State Street Promenade.

Chapter 31.20 Vehicular Traffic

31.20.010 General Prohibition.

A. The State Street Promenade is intended for use primarily by pedestrians as defined in Vehicle Code Section 467, bicycles as defined in Vehicle Code Section 231, and other forms of wheeled personal transportation consistent with use of a multi-use area, such as skateboards and scooters, but excluding automobiles, motorcycles, and similar motor vehicles. Under Vehicle Code Section 467, a pedestrian includes persons using electric personal assistive mobility devices, self-propelled wheelchairs, motorized tricycles, or motorized quadricycles as specified in that Section. Under Vehicle Code Section 231, bicycle includes an electric bicycle. As used in this Section the term motor

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3 vehicle has the same meaning as defined in Vehicle Code Section 415 but does not include bicycles or mobility devices used by pedestrians.

B. The State Street Promenade is closed to motor vehicles, except;

1. Emergency service vehicles,

2. Vehicles providing shuttle service by a government agency under terms and conditions established by the City Council.

3. Vehicles used for deliveries, maintenance, solid waste collection service, farmers’ markets, construction activities, and special events, at times and under regulations established by the City Administrator.

C. The City Administrator is authorized to establish regulations for use of the roadway portion of the Promenade by pedestrians, bicycles, and other forms of wheeled transportation. Notwithstanding Section 10.06.010 of this Code, skateboards, roller skates, in-line skates, and similar devices are permitted within the roadway portion of the Promenade, subject to regulation adopted under this Subsection. Sidewalks are reserved for exclusive use by pedestrians.

D. The Public Works Director is authorized to install and maintain traffic control signs, devices, fixtures, striping, and structures as approved by the City Engineer and the City Traffic Engineer necessary or convenient to implement this Section, including signs advising of regulations adopted under Subsection C.

E. Traffic regulations promulgated by the City Administrator under Ordinance No. 6055 will continue in effect unless amended or rescinded by the City Administrator as authorized by this Section.

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4 F. The City Administrator, with the consent of the City Traffic Engineer and as directed by the City Council, may authorize motor vehicle use of the portions of the Promenade and modify the roadway portion of the Promenade used by pedestrians, bicycles, and other forms of wheeled transportation.

31.20.020 Additional Area.

The City Administrator, in consultation with the Fire Marshal and the City Traffic Engineer, may maintain modified traffic patterns on Victoria Street between State Street and Chapala Street and the 1300 block of State Street.

31.20.030 Sunset Clause.

This Chapter will remain in effect until the date of adoption of a master plan for downtown State Street or until December 31, 2026, whichever is earlier, unless before that date this Section is amended or repealed.

Chapter 31.30 Outdoor Business Facilities

31.30.010 General Regulations.

A. Notwithstanding Section 9.48.010 of this Code, outdoor business facilities may be located in the roadway portion of the State Street Promenade adjacent to a business premises in compliance with this Section and all of the following:

1. An unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches shall be maintained for fire and emergency vehicle access within the Promenade roadway as determined by the Fire Marshal and the City Traffic Engineer. In addition, an unobstructed area between the curb and the middle of the roadway shall be maintained in the areas in front of the buildings at

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5 735, 820, and 1214 State Street as determined by the Fire Marshal. The City Traffic Engineer is directed to maintain a map or diagram of the unobstructed areas required by this paragraph.

2. Before installing and as a condition of maintaining and operating an outdoor business facility, the owner of the facility must execute an outdoor business facility license agreement in a form approved by the Public Works Director and the City Attorney. The owner must comply at all times with all requirements of the agreement including payment of the license fee. The amount of the license fee will be as determined by City Council resolution.

3. The owner of the outdoor business facility must construct, operate, and maintain the outdoor business facility in compliance with the applicable accessibility provisions of the Americans with Disabilities Act and Chapter 11B of Title 22 of the California Code of Regulations. The Public Works Director may require an owner to submit a report by a person certified under California Government Code Section 44559.5 (commonly referred to as a “CASp”) demonstrating compliance with this requirement.

4. The owner must comply with the regulations promulgated by the City Administrator under Section 31.30.040.

5. An outdoor business facility may be operated between 7:00 a.m. to 12:30 a.m., unless an earlier closing time is required as a condition of the Alcoholic Beverage Control liquor license or the City land use permit for the establishment.

6. Outdoor cooking facilities are prohibited. Portable heaters and lighting are permitted as approved by the Fire Marshal.

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6 7. Service of alcoholic beverages is permitted as authorized by and subject to the requirements of the license issued for the business by the California Department of Alcoholic Beverage Control or as otherwise authorized by state law.

B. By placing facilities, equipment, or furnishings under this Section, the owner assumes all risk and agrees to defend, indemnify, and hold harmless the City and its officers, employees, and agents from and against any liability arising from the existence, use, or condition of the facilities, equipment, or furnishings.

C. The owner must maintain insurance at coverage limits and with conditions thereon determined from time to time by the Risk Manager. The owner must maintain a current certificate of insurance on file with the Risk Manager. The certificate of insurance must be provided to the City before approval of an outdoor dining license agreement as required under Subsection A. 2. of this Section.

31.30.020 Additional Authorizations.

A. Vending subject to Chapter 9.49 of this Code is permitted as provided in Section 9.49.110.

B. Outdoor business facilities within the roadway in compliance Section

31.30.010 are exempt from the requirements of Chapter 9.95. Within the sidewalk and street furniture area, outdoor dining facilities may be licensed and permitted under Chapter 9.95 within the frontage of a business provided that the remainder of the sidewalk remains accessible to persons with disabilities as required by state and federal law and an outdoor dining license has been issued under Chapter 9.95. Service of alcoholic beverages within an outdoor dining area permitted under this Subsection is allowed

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7 subject to the requirements of the license issued for the business by the state Department of Alcoholic Beverage Control.

C. Farmers’ markets may be authorized as provided in Section 9.48.010 B. 2 of this Code.

D. The City Administrator may authorize the Downtown Organization and City departments to sponsor events, activities, and arts and crafts shows.

E. Special events may be authorized under Chapter 15.17 of this Code.

31.30.030 No Vesting of Rights.

Nothing in this Chapter or any regulation promulgated under it vests or confers any right to continue any activity or use authorized thereunder. All outdoor business facilities within the Promenade are considered temporary and are subject to removal upon demand of the City.

31.30.040 Supplemental Regulations - Continuation of Existing Regulations.

A. Outdoor business facilities existing on June 27, 2023, in compliance with Ordinance No. 6055, may continue to operate in compliance with this Chapter and the City’s Requirements for Operating a Business on the Temporary State Street Promenade in effect on June 27, 2023. If new regulations are adopted, the facilities must be brought into conformity with the new regulations according to a schedule established in the regulations.

B. New outdoor business facilities may be installed in compliance with the City’s Requirements for Operating a Business on the Temporary State Street Promenade in effect on June 27, 2023 including all the aesthetic design provisions of those guidelines.

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8 If new regulations are adopted, the facilities must be brought into conformity with the new guidelines according to a schedule established in the regulations.

C. Outdoor business facilities may be established and maintained under this Chapter on Victoria Street between State Street and Chapala Street and the 1300 block of State Street so long as the City Administrator, in consultation with the Fire Marshal and the City Traffic Engineer, authorize continuation of modified traffic patterns in those areas.

D. The City Administrator is authorized to promulgate new or amend existing regulations for the placement, operation, and maintenance of outdoor business facilities consistent with the provisions of this Chapter. The regulations or amendments will be effective upon approval by the City Council.

E. Design review under Titles 22, 28, and 30 of the Santa Barbara Municipal Code is suspended for the temporary facilities and uses installed and maintained as authorized by this Chapter.

31.30.050 Abatement
A. The Public Works Director may immediately remove and dispose of any outdoor business facility for which an outdoor business facility license has not been issued under Section 31.30.010. The owner is responsible for payment to the City of the cost of removal and disposal.

B. In addition to any enforcement remedy under Chapters 1.25 or 1.28 of this Code, the authorization under this Chapter shall be suspended or revoked for any business that is subject to more than two enforcement notices of violation or other enforcement actions upon written notice by the Public Works Director or a city employee

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9 designated by the Public Works Director for enforcement of this Chapter. A business owner may appeal a suspension or revocation to the City Administrator by filing a written appeal within 7 days of the date of the notice. The decision of the City Administrator is final. Notices under this Subsection may be given to the address of the person stated on the outdoor business facility license or posted on the outdoor business facility.

31.30.060 Sunset Clause.

This Chapter will remain in effect until the date of adoption of a master plan for downtown State Street or until December 31, 2026, whichever is earlier, unless before that date this Section is amended or repealed.

Chapter 31.40 Enforcement

31.40.010 Enforcement.

A. Violations of this Title, any regulation promulgated under Chapter 31.20 or

31.30, or any posted traffic control or regulatory sign or device may be enforced pursuant to Chapters 1.25 and 1.28 of this Code.

B. In addition to any other enforcement authority, Chapter 31.40 may be enforced by the Public Works Director or any employee to whom the director has delegated responsibility for enforcement of that Chapter.

SECTION 3. When exercising authority to promulgate or amend regulations under Municipal Code Section 31.30.040, the City Administrator will refer proposed regulations to the Historic Landmarks Commission and the Access Advisory Committee for a report and recommendation. The Historic Landmarks Commission and Access Advisory Committee shall provide their reports and recommendations within 60 days following the date of referral. The City Administrator may proceed to take final action if a report and

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10 recommendation is not received within 60 days after referral of the matter. Pilot program actions taken under Municipal Code Section 31.20.010 F. may be implemented immediately.

SECTION 4. It is the City Council’s intention to regularly discuss, evaluate, and direct pilot program activities within the State Street Promenade and the State Street Master Plan project area for the duration of the pilot program. The chairperson of the Historic Landmarks Commission and chairperson of the Access Advisory Committee may make presentations and recommendations regarding matters within their respective jurisdictions in addition to a staff presentation at the monthly meeting at which the pilot program is placed on the agenda. The City Administrator is to implement this section by placing an administrative item on the agenda for a regular meeting on an approximately monthly basis or as otherwise directed by the City Council.

SECTION 5. This Ordinance is categorically exempt per CEQA Guidelines Sections 15301 (existing facilities), 15303 (construction of small structures), and 15304(e) (minor, temporary uses of land).