Agenda packet, first session — Santa Barbara City Council, September 23, 2025 (part 4 of 4)

The undersigned have read and understand the required conditions and agree to abide by all conditions.

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

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

PLANNING COMMISSION RESOLUTION NO. 004–25
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2. Pre-Construction Conference. Not less than 10 days or more than 20 days prior to commencement of construction, a conference to review site conditions, construction schedule, construction conditions, shall be held by the General Contractor. The conference shall include representatives from the Public Works Department Engineering and Transportation Divisions, Community Development Department Building and Planning Divisions, the Property Owner, Archaeologist, Architect, Arborist, Landscape Architect, Biologist, Geologist, Project Engineer, Contractor and each Subcontractor.

3. Construction Contact Sign. Immediately after Building permit issuance, signage shall be posted at the points of entry to the site that list the contractor telephone number, 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.

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

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

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

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. Bird Breeding and Nesting. Activities that could impact nesting or breeding birds protected under the Migratory Bird Treaty Act (including tree trimming, tree removal, construction activities, noise, vibration, or lighting) within or adjoining ESHAs, creeks, wetlands, special PLANNING COMMISSION RESOLUTION NO. 004–25
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wildlife areas, or known nesting or breeding areas shall be prohibited during the nesting and breeding season for birds (February 1-August 30) where feasible.

If it is not feasible to complete such work outside the bird nesting and breeding season, then work may be approved subject to a condition requiring bird nesting and breeding surveys.

These surveys should be performed by a qualified biologist no more than fourteen calendar days prior to the start of any activities that could impact nesting or breeding birds. If active nesting or breeding is found, activities that could impact the nesting birds shall be prohibited until any active nest is vacated. If any activities must occur to remediate an imminent danger, measures shall be implemented to avoid and minimize impacts to nesting birds.

In the event that an active nest not previously identified is discovered during any tree trimming, tree removal, or construction activity, the contractor shall immediately cease all activities in the area of operations and shall notify the City’s Environmental Analyst. Thereafter, a qualified biologist must inspect the site and follow the abovementioned procedures to protect the nesting birds.

8. Tree Protection Measures. Trees shall be protected with fencing as described in the Arborist Report (Bill Mellett Design, October 30, 2023).

9. Air Quality and Dust Control. The project shall comply with the regulatory requirements, and best practices related to dust control and emission reduction, included in the Santa Barbara County Air Pollution Control District letter dated November 16, 2023, or as updated pursuant to Condition D.2.l.

10. Onsite Archaeological Monitoring. Onsite monitoring by a City-Qualified Archaeologist and as appropriate, a City-qualified Barbareño Chumash Site Monitor, is required for all grading, excavation, trenching, vegetation or paving removal, ground clearance, and site preparation that involves earthmoving operations.

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

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

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

3. Archaeological Monitoring Report. A final report on the results of the archaeological monitoring shall be submitted to the Environmental Analyst within 180 days of completion of the monitoring or prior to the issuance of the Certificate of Occupancy / Final Inspection, whichever is earlier.

4. Native American Monitoring Report. The Applicant shall submit a final report on the results of the tribal cultural resource monitoring to the Environmental Analyst within 180 days of completion of the monitoring, or prior to the issuance of the Certificate of Occupancy / Final Inspection, whichever is earlier. The report shall include a statement as to the duration of monitoring PLANNING COMMISSION RESOLUTION NO. 004–25
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completed, any resources encountered, and a conclusion that any potential impacts to the resource were satisfactorily addressed.

5. New Construction Photographs. Photographs of the new construction, taken from the same locations as those taken of the story poles prior to project approval, shall be taken submitted to the Planning Division.

6. Removal of Storage Containers. The storage containers occupying parking spaces on the eastern side of the project site must be permanently removed.

G. General Conditions.

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

2. Waterfront Area Parking District. The Owner shall waive the right to protest the formation of a waterfront area parking district as required by the Park Plaza Specific Plan.

3. Transportation Demand Management. The following alternative mode incentives shall be incorporated into the project as required by the Park Plaza Specific Plan. Owner shall be responsible for ensuring compliance with the following provisions:
a. Shuttle Service. A shuttle service to the airport and train depot, bus depot, and other hotels shall be provided.
b. Bicycle Parking. A total of one hundred (100) bicycle parking spaces shall be provided for the hotel use, including 8 covered employee spaces.
c. Shower and Locker Facilities. Employee shower and locker facilities shall be provided and maintained as approved by the Public Works Director. The showers shall be available for use by employees before and during work hours. Notice of these facilities shall be provided when employees are hired.
d. Bus Routes and Schedules Posted. Notice of MTD bus routes and schedules shall be placed and maintained up to date in a central (public) location accessible to employees. e. Bus Passes. The Owner and/or all employers shall contact the Metropolitan Transit District (MTD) to purchase bus passes or the equivalent for their employees. These passes shall be provided free of charge to employees who request them for travel to and from work. Notice of the free passes shall be provided to existing employees and new employees when they are hired. A copy of any agreements/correspondence with MTD shall be provided to the Public Works Director prior to issuance of the Certificate of Occupancy for the project. f. Guaranteed Ride Home. In the event of an emergency or work requirement that interferes with the normal transportation arrangement of any employee using mass transportation, a carpool, or a vanpool to get to work, the Owner or employer shall provide cab fare, a company car, or other means to guarantee a free ride home.

PLANNING COMMISSION RESOLUTION NO. 004–25
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4. Visitor Information Program. An updated Visitor Information Program shall be prepared and implemented, subject to review and approval by the Public Works Director. The program shall include, but not be limited to:
a. Provide links to alternative transportation sites on the company website. b. Provide information to visitors via email (prior to them coming) regarding alternative transportation available in Santa Barbara.
c. A means of providing train, bus, and airline schedules and maps to prospective hotel guests. d. A means of providing hotel guests with information on alternative transportation modes, schedules, and maps of access to the Central Business District, beach area, and other local and regional points of interest. In addition, the hotel operator shall contact the Metropolitan Transit District to purchase bus and/or shuttle passes or tokens for hotel guests. Explicit notice of the free passes shall be provided to hotel guests upon arrival, and these passes shall be available to any guests who request them.
e. Advertisement for and solicitation of meetings and other events which includes explanation of the City's clean air and energy reduction goals and an explanation of the benefits of using alternative and active transportation modes.
f. A means of coordinating special events with the City so that appropriate traffic controls, rerouting, and timing of events can be achieved.
g. Bicycle rentals shall be provided for hotel guests. As long as there is a reduction in the required 209 bicycle spaces, as allowed by the Parking Modification approval, the hotel shall continue to provide bicycle rentals to guests through a third-party vendor. The rental bicycles shall not use the bicycle spaces required for guests and employees.

5. Relocated Trees. Relocated trees shall be assessed within one (1) year by a certified arborist for signs of extreme stress or impending death, and if present, they shall be replaced immediately.

6. Recyclable Material Use and Collection for Hotels. Hotel operators shall encourage guests to recycle by using recyclable materials, and providing sufficient and appropriate receptacles, such as recycling containers, in each room. Recyclable material and green waste collection and pickup areas shall be provided on-site for the hotel operations. A minimum of 50 percent of the area devoted to holding trash for the project shall be used for recycling purposes.

7. Recyclable Material Use and Collection for Restaurants. Restaurant operators shall encourage guests to recycle by using recyclable materials, and providing sufficient and appropriate receptacles, such as recycling containers. Recyclable material (and green waste) collection and pick-up areas shall be provided on-site for the restaurant operations. A minimum of 50 percent of the area devoted to holding trash for the project shall be used for recycling purposes.

8. BMP Training. Training on the implementation of Best Management Practices (BMPs) shall be provided to every employee by the property owner/management in order to prevent or reduce the discharge of pollutants to storm water from buildings and ground maintenance. The training shall include using good housekeeping practices, preventive maintenance and spill prevention and control at outdoor loading/ unloading areas in order to keep debris from entering the storm water collection system.

PLANNING COMMISSION RESOLUTION NO. 004–25
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9. Approval Limitations.
a. The conditions of this approval supersede all conflicting notations, specifications, dimensions, and the like which may be shown on submitted plans.
b. All buildings, roadways, parking areas and other features shall be located substantially as shown on the plans approved by the Planning Commission. c. Any deviations from the project description, approved plans or conditions must be reviewed and approved by the City, in accordance with the Planning Commission Guidelines. Deviations may require changes to the permit and/or further environmental review. Deviations without the above-described approval will constitute a violation of permit approval.

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

Applicant/Owner shall execute a written agreement, in a form approved by the City Attorney, evidencing the foregoing commitments of defense and indemnification within thirty (30) days of being notified of a lawsuit regarding the Project. These commitments of defense and indemnification are material conditions of the approval of the Project. If Applicant/Owner fails to execute the required defense and indemnification agreement within the time allotted, the Project approval shall become null and void absent subsequent acceptance of the agreement by the City, which acceptance shall be within the City’s sole and absolute discretion. Nothing contained in this condition shall prevent the City or the City’s Agents from independently defending any Claim.

If the City or the City’s Agents decide to independently defend a Claim, the City and the City’s Agents shall bear their own attorney fees, expenses, and costs of that independent defense.

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

A. NOTICE OF MODIFICATION APPROVAL TIME LIMITS:

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

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

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

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B. NOTICE OF DEVELOPMENT PLAN AND TRANSFER OF EXISTING DEVELOPMENT RIGHTS TIME LIMITS:

The Planning Commission action approving the Development Plan and Transfer of Existing Development Rights shall expire four (4) years from the date of approval per Santa Barbara Municipal Code §28.85.090, unless:

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

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

C. NOTICE OF COASTAL DEVELOPMENT PERMIT TIME LIMITS:

The Planning Commission action approving the Coastal Development Permit shall expire two (2) years from the date of final action upon the application, per Santa Barbara Municipal Code §28.44.230, unless:

1. Otherwise explicitly modified by conditions of approval for the Coastal Development Permit.

2. A Building Permit for the work authorized by the Coastal Development Permit is issued prior to the expiration date of the approval.

3. The Community Development Director grants an extension of the Coastal Development Permit approval. The Community Development Director may grant up to three (3) one-year extensions of the Coastal Development Permit approval. Each extension may be granted upon the Director finding that: (i) the development continues to conform to the Local Coastal Program, (ii) the applicant has demonstrated due diligence in completing the development, and (iii) there are no changed circumstances that affect the consistency of the development with the General Plan or any other applicable ordinances, resolutions, or other laws.

D. NOTICE OF TIME LIMITS FOR PROJECTS WITH MULTIPLE APPROVALS (SBMC §

30.205.120):

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

This motion was passed and adopted on the 15th day of May, 2025 by the Planning Commission of the City of Santa Barbara, by the following vote:

AYES: 6 NOES: 0 ABSTAIN: 0 ABSENT: 1
PLANNING COMMISSION RESOLUTION NO. 004–25
633 EAST CABRILLO BOULEVARD / HILTON SANTA BARBARA BEACHFRONT RESORT MAY 15, 2025
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I hereby certify that this Resolution correctly reflects the action taken by the City of Santa Barbara Planning Commission at its meeting of the above date.
_______________________________________________ ____________________________ Jasper Carman, Commission Secretary Date
PLEASE BE ADVISED:

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

June 12, 2025
City of Santa Barbara

HISTORIC LANDMARKS COMMISSION

MINUTES
JULY 30, 2025
1:30 P.M.

David Gebhard Public Meeting Room
630 Garden Street
SantaBarbaraCA.gov
COMMISSION MEMBERS:

Anthony Grumbine, Chair
Robert Ooley, Vice Chair
Keith Butler
Dennis Doordan
Michael Drury
Cass Ensberg
Ed Lenvik
Sheila Lodge
Charles McClure
ADVISORY MEMBER: Dr. Glenn Russell
CITY COUNCIL LIAISON: Kristen Sneddon
PLANNING COMMISSION LIAISON: Donald
DeLuccio
STAFF:

Tava Ostrenger, Assistant City Attorney
Ted Hamilton-Rolle, Acting Design Review
Supervisor
Nicole Hernandez, Architectural Historian
Heidi Reidel, Assistant Planner
Jasper Carman, Commission Secretary
(3:15PM) CONTINUED ITEM: PROJECT DESIGN APPROVAL

5. 633 E CABRILLO BLVD
Assessor's Parcel Number: 017-680-013
Zone: HRC-1/S-P-1/S-D-3
Application Number: PLN2022-00443
Owner: Fess Parker Red Lion Hotel
Carl A. Mayfield, Vice President
Applicant: Trish Allen, SEPPS, Inc.
(Located in El Pueblo Viejo Landmark District, Part I. Proposal for the Hilton Santa Barbara Beachfront Resort consisting of a 50,195-square-foot addition to Building B (Bougainvillea), as well as the removal of 2 guest rooms and the reconfiguration of 6 guest rooms in Building B. The project includes the demolition of Building A (Azalea), a 4,027-square-foot building with 8 guest rooms, and the demolition of the tennis courts and 240-square-foot tennis shop. The total number of guest rooms would increase from 360 to 433 guest rooms (a net increase of 73 guest rooms). The total square footage of the hotel would increase from 329,780 square feet to 375,708 square feet (a net increase of 45,928 square feet).

The total number of vehicle parking spaces onsite would be reduced from 931 spaces to 880 spaces.

Bicycle parking spaces would increase from 58 to 100.Planning Commission approved a Parking Modification, Development Plan, Development Plan for a Transfer of Existing Development Rights, Coastal Development Permit, and Environmental Impact Report Addendum on May 15, 2025.) Project Design Approval is requested. Project Compatibility Findings are required. Project last reviewed on May 10, 2023.

Actual time: 4:03 p.m.

ATTACHMENT 6
Historic Landmarks Commission Minutes July 30, 2025

Present: Ted Hamilton-Rolle, Acting Design Review Supervisor; Clay Aurell, AB Design Studio; and Rob Maday, Bosky Landscape Design.

Staff comments: Mr. Hamilton-Rolle spoke on behalf of Kathleen Kennedy, Project Planner, regarding the Planning Commission approvals that were obtained on May 15, 2025. He stated that the primary land use entitlements including square footage and height have been addressed through the Planning Commission and that he is available for questions.

Public comment opened at 4:30 p.m., and as no one wished to speak, it closed.

Motion: Project Design Approval with the following comments and findings:

1. The new design of the pools is a great solution and very supportable.

2. Consider locating the pool enclosure into the planting bed instead of right up against the deck of the pool.

3. The hardscape materials and design as presented are acceptable.

4. The planting palette is acceptable.

5. Study the hinge element and consider adjusting the roof either lower or higher.

6. Return with 3D views of the hinge element.

7. The change from stone to plaster is supportable.

8. The precedent image of the wrought iron balconies with the reversed tiles on the underside is supportable if used.

9. Study awning colors.

10.The Commission looks forward to seeing the umbrella and cabana colors as they get developed.

11.Study the corner with palms in the landscape plan and return with the reason for choosing more or less palms.

12.Pool equipment and restroom structures are acceptable.

13.The roof over the covered passage is acceptable.

14.The Commission appreciates the window change.

15.Espalier design is supportable.

16.The Project Compatibility Analysis Findings generally have been met (per SBMC

30.220.020.F.) as follows:
a. The project’s design is consistent with design guidelines applicable to its location within the City.
b. The design of the project is compatible with desirable architectural qualities and characteristics that are distinctive of Santa Barbara and of the particular neighborhood surrounding the project.
c. The size, mass, bulk, height, and scale of the project are appropriate. d. The design of the project is appropriately sensitive to adjacent Landmarks or other nearby designated historic resources.
e. The design of the project responds appropriately to established scenic public vistas.
f. The amount of open space and landscaping is appropriate.

Action: Lenvik / Drury, 7/0/0. (Lodge and Ooley absent.) Motion carried.

The ten-day appeal period was announced.
* MEETING ADJOURNED AT 4:56 P.M. *

1 RESOLUTION NO. _____

A RESOLUTION OF THE COUNCIL OF THE CITY

OF SANTA BARBARA DENYING THE APPEAL OF
THE LAW OFFICE OF JORDAN R. SISSON, ON
BEHALF OF UNITE HERE LOCAL 11, AND

UPHOLDING THE DECISION OF THE PLANNING

COMMISSION TO APPROVE THE PROJECT AT
633 E. CABRILLO BLVD.

WHEREAS, Fess Parker-Red Lion Hotel, Carl A. Mayfield, Vice President (hereinafter “Owner”) is the owner of the property located at 633 E. Cabrillo Blvd. (APN 017-680-013) Santa Barbara, California, currently known as the Hilton Santa Barbara Beachfront Resort (hereinafter “Property”); and
WHEREAS, the Owner authorized Trish Allen, of SEPPS, to act as applicant (hereinafter “Applicant”) pertaining to the proposed hotel expansion project application under PLN2022-00443 (hereinafter “Project”) submitted to the City of Santa Barbara; and
WHEREAS, the Hilton Santa Barbara Beachfront Resort is located on a 23.56- acre lot at 633 E. Cabrillo Blvd. and is comprised of 329,780 square feet of floor area.

The resort includes 360 guest rooms, a lobby, meeting/banquet space, restaurants, bars, spa, salon, retail shop, back of house areas (e.g., offices, storage rooms), swimming pool, tennis courts, and 931 parking spaces; and WHEREAS, the proposed Project consists of a 50,195-square-foot addition to Building B (Bougainvillea), as well as the removal of 2 guest rooms and the reconfiguration of 6 guest rooms in Building B. The Project includes the demolition of Building A (Azalea), a 4,027-square-foot building with 8 guest rooms, and the demolition of the tennis courts and 240-square-foot tennis shop. The total number of guest rooms would increase from 360 to 433 guest rooms (a net increase of 73 guest rooms). The total square footage of the hotel would increase from 329,780 square feet to 375,708 square feet (a net increase of 45,928 square feet); and WHEREAS, the proposed Project also includes lanai pools, swimming pool, spa, outdoor fire pit lounge area with bar, new landscaping, storm water improvements, soil and groundwater remediation, and public improvements. A total of 22 trees would be removed, 33 trees would be relocated, and 47 trees would be protected. Fifty new trees are proposed; and
WHEREAS, the total number of vehicle parking spaces onsite would be reduced 2 from 931 spaces to 880 spaces. The adjacent Waterfront Hotel (not yet constructed at 433 E. Cabrillo Blvd.) has been allocated 100 of the spaces through an existing parking easement agreement, resulting in a total of 780 parking spaces for the Hilton hotel Project. Valet parking during peak events would provide an additional 71 parking spaces. Bicycle parking spaces would increase from 58 to 100; and WHEREAS, development would occur in the westerly portion of the Project site, towards S. Calle Cesar Chavez, except for installation of stormwater improvements and repaving of some parking areas, which would occur in the northern portion of the site; and
WHEREAS, the Property is located in the Appealable and Nonappealable jurisdictions of the coastal zone, and has a Coastal Land Use Plan designation of Hotel and Related Commerce 1 and a Zoning designation of HRC-1/SP-1/S-D-3 (Hotel and Related Commerce/ Park Plaza Specific Plan No. 1/ Coastal Overlay); and WHEREAS, on May 5, 2022, Applicant submitted a Pre-Application Review Team (PRT) application (PRE2022-00042) for a proposed hotel expansion project; and WHEREAS, on June 16, 2022, City provided a PRT response letter to the Applicant; and
WHEREAS, on August 17, 2022, the Historic Landmarks Commission held a duly noticed public hearing for Concept Review of the Project; and WHEREAS, on November 14, 2022, Applicant submitted a formal Planning Application (PLN2022-00443) for a proposed hotel expansion project; and WHEREAS, on May 10, 2023, the Historic Landmarks Commission held a duly noticed public hearing for Concept Review of the Project; and WHEREAS, on September 27, 2024, the City provided an Application Completeness Letter to the Applicant deeming the formal development application complete; and
WHEREAS, on May 13, 2025 the Planning Commission held an agendized site visit; and
WHEREAS, on May 15, 2025, the Planning Commission held a duly noticed public hearing and approved the Project, with a 6/0/1 vote, making the findings for the Parking Modification, Development Plan, Development Plan for the Transfer of Existing Development Rights Permit, Coastal Development Permit, and Environmental Impact Report Addendum as outlined in the Planning Commission Staff Report dated May 8, 3 2025, subject to the Conditions of Approval as outlined in the Planning Commission Staff Report, with the following revisions to the Conditions of Approval:

1. Relocated trees shall be assessed within one (1) year by a certified arborist for signs of extreme stress or impending death, and if present, they shall be replaced immediately.

2. As long as there is a reduction in the required 209 bicycle spaces, as allowed by the Parking Modification approval, the hotel shall continue to provide bicycle rentals to guests through a third-party vendor. The rental bicycles shall not use the bicycle spaces required for guests and employees; and WHEREAS, within the 10-day appeal period, the Law Office of Jordan R. Sisson, on behalf of UNITE HERE local 11 (hereinafter “Appellant”) filed an appeal of the Planning Commission’s approval of the Project. The appeal issues were related to the Development Agreement and Lower Cost Overnight Accommodations; and WHEREAS, on July 30, 2025, the Historic Landmarks Commission held a duly noticed public hearing on the Project and granted Project Design Approval with a 7/0/0 vote; and
WHEREAS, the Council Agenda Report dated September 23, 2025, included a copy of the appeal letter from the Appellant dated May 27, 2025; and WHEREAS, the City Council held an agendized site visit on September 22, 2025; and
WHEREAS, the City Council considered the appeal at a duly noticed public hearing on September 23, 2025, including a staff report and staff presentation, a presentation by the Appellant, a presentation by the Applicant, and written and verbal public comment; and
WHEREAS, after consideration of all evidence and testimony, the City Council voted to deny the appeal filed by the Law Office of Jordan R. Sisson, on behalf of UNITE HERE LOCAL 11 of the Planning Commission’s decision to grant Approval for the Project.

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

1. The foregoing recitals are true and correct and are incorporated into these findings.

2. All written, graphic, and verbal materials and information submitted to the Planning Commission, Historic Landmarks Commission, and City Council by City staff, 4 the public, and the parties are hereby accepted as part of the record of proceedings.

The facts and findings in the September 23, 2025, Council Agenda Report are incorporated into this Resolution and determined to be true.

3. The Council carefully reviewed and weighed the evidence in the record and hereby determines that the appeal of the Planning Commission’s decision is denied.

4. Council makes the following findings in support of the Project:

A. Environmental Review (CEQA Guidelines §15162 and §15164) The City Council has considered the Addendum dated May 15, 2025 together with the previously certified Park Plaza Environmental Impact Report (Earth Metrics, Inc., August 31, 1979), and Waterfront Park, Hotel and Youth Hostel Environmental Impact Report (SCH# 92091038) (Interface, June 18, 1993), Red Lion Resort Final Supplemental EIR (SCH #95121040) (Perspective Planning, July 1996); and Doubletree Resort Final Supplemental EIR (SCH #2001081069) (Rincon, March 2003) and finds that the Addendum reflects the independent judgment of the City Council and has been completed in compliance with CEQA.

Therefore, the Addendum, together with the previously certified Environmental Impact Reports, is adequate for this Project. On the basis of the whole record, including the Addendum, the previously certified CEQA documents, and any public comments received, the City Council finds that the Project changes described in the Addendum will neither create any new significant effects or a substantial increase in the severity of previously identified significant effects on the environment, nor present new information of substantial importance pursuant to CEQA Guidelines §15162.

B. Parking modification (SBMC §28.92.110)

1. The Parking Modification will not be inconsistent with the purposes and intent of the Zoning Ordinance (Title 28), which are to serve the public health, safety, comfort, convenience, and general welfare and to provide the economic and social advantages resulting from an orderly planned use of land resources, and to encourage, guide and provide a definite plan for the future growth and development of the City. The hotel will provide alternative transportation incentives with the updated visitor information program and updated transportation demand management program, as described in Section VI of the Planning Commission Staff Report dated May 8, 2025 and documented in the conditions of approval.
5 2. The Parking Modification will not cause an increase in the demand for parking space or loading space in the immediate area because the Project is expected to meet the parking demand onsite based on the Parking Study (ATE, 2/05/2024), as described in Section VI of the Planning Commission Staff Report dated May 8, 2025.

C. Development Plan (SBMC Chapter 28.85)

1. The proposed development complies with all applicable provisions of the Zoning Ordinance, including the 1994 Amended Park Plaza Specific Plan, and as described in Section VI of the Planning Commission Staff Report dated May 8, 2025.

2. The proposed development is consistent with the principles of sound community planning because the hotel is a permitted use described in the Park Plaza Specific Plan and meets all of the other required criteria in the Specific Plan, Zoning Ordinance, and Coastal Land Use Plan, as described in Section VI of the Planning Commission Staff Report dated May 8, 2025.

3. The proposed development will not have a significant adverse impact upon the community’s aesthetics or character in that the size, bulk or scale of the development will be compatible with the neighborhood based on the preliminary Project Compatibility Analysis made by the Historic Landmarks Commission, as described in Section VIII of the Planning Commission Staff Report dated May 8, 2025 and based on the Project Compatibility Analysis findings made by the Historic Landmarks Commission when granting Project Design Approval on July 30, 2025.

The Project is consistent with development regulations within the Specific Plan related to aesthetics and community character, as described in Section VI of the Planning Commission Staff Report dated May 8, 2025.

4. The proposed development is consistent with the policies of the City of Santa Barbara Traffic Management Strategy (as approved by City Resolution No. 13-010 dated March 12, 2013, and amended per Resolution No. 20-042 dated June 23, 2020) as expressed in the allocation allowances specified in SBMC §28.85.050, Traffic Management Strategy, as described in Section VI of the Planning Commission Staff Report dated May 8, 2025.

D. Transfer Of Existing Development Rights (SBMC §28.95.060)

1. The proposed development plans for both the sending site (Waterfront Hotel) and the receiving site (Hilton hotel) are consistent with the goals 6 and objectives of the General Plan, Zoning Ordinance, and all applicable provisions of the City’s Municipal Code.

2. The proposed developments will not be detrimental to the site(s), neighborhood or surrounding areas because the Waterfront Hotel, an approved Project, has been determined to be appropriate for the neighborhood, and the Historic Landmarks Commission stated that the Hilton hotel Project is compatible with the neighborhood based on the Project Compatibility Analysis findings made by the Historic Landmarks Commission when granting Project Design Approval on July 30, 2025.

3. The floor area of proposed nonresidential development on the receiving site (Hilton hotel) does not exceed the sum of the amount of Existing Development Rights transferred when added to the amount of Existing Development Rights on the receiving site and does not exceed the maximum development allowed by the applicable zoning of the receiving site, as described in Section VI of the Planning Commission Staff Report dated May 8, 2025.

4. Each of the proposed nonresidential developments on the respective sending site (Waterfront Hotel) and receiving site (Hilton hotel) will meet all standards for review as set forth in Section 28.85.040 (Development Plan Findings) and all provisions of Chapter 28.95 because the development plan findings were made for the Waterfront Hotel and can be made for the Hilton hotel; and the specific conditions for a transfer approval included in the 2016 Development Agreement regarding square footage and analysis of the proposed Hilton hotel Project have been met, as described in Section VI of the Planning Commission Staff Report dated May 8, 2025.

5. Development remaining, or to be built, on a sending site (Waterfront Hotel) is appropriate in size, scale, use, and configuration for the neighborhood and is beneficial to the community because the Project has received all applicable land use and design review approvals.

E. Coastal Development Permit (SBMC §28.44.150)

1. The Project is consistent with the policies of the California Coastal Act related to public access; visitor serving and recreational facilities; scenic resources and visual quality; storm water management; biological resources (bird nesting); and cultural resources (archaeology), as described in Section VI.B of the Planning Commission Staff Report dated May 8, 2025.

2. The Project is consistent with all applicable policies of the City’s Local Coastal Plan, all applicable implementing guidelines, and all applicable 7 provisions of the Municipal Code related to public access; visitor serving and recreational facilities (including Coastal Act section 30213 and LUP Policy 3.2-12, Lower Cost Visitor and Recreational Facilities); scenic resources and visual quality; coastal hazards and safety; storm water management; biological resources (bird nesting); and cultural resources (archaeology), and meets the required parking demand, and is compatible with the surrounding neighborhood, as described in Section VI.B of the Planning Commission Staff Report dated May 8, 2025.

5. Council approval of the Project incorporates the conditions of approval in Planning Commission Resolution No. 004-25, attached hereto as Exhibit A. 1 Exhibit A
I. Said approval is subject to the following conditions:

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

1. Obtain all required design review approvals.

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

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

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

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

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

1. Approved Development. The development of the Real Property approved by the Planning Commission on May 15, 2025 consists of an addition to Building B (Bougainvillea) of approximately 50,195 square feet, resulting in a net increase of 73 guest rooms, for a total of 433 guest rooms; demolition of Building A (Azalea), a 4,027-square-foot building with 8 guest rooms; demolition of tennis courts and 240-square-foot tennis shop; construction of lanai pools, swimming pool, spa, outdoor fire pit lounge area with bar; new landscaping; storm water improvements; soil and groundwater remediation; and public improvements, as described in the Applicant Letter dated April 30, 2025, and as shown on the plans signed by the chairperson of the Planning Commission on said date and on file at the City of Santa Barbara.

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

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

4. Landscape Plan Compliance. The Owner shall comply with the Landscape Plan approved by the 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

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landscaping is removed for any reason without approval by the HLC, the owner is responsible for its immediate replacement.

5. Storm Water Pollution Control and Drainage Systems Maintenance. Owner shall maintain the drainage system and storm water pollution control devices in a functioning state and in accordance with the Storm Water BMP Guidance Manual and Operations and Maintenance Procedure Plan approved by the Creeks Division. Should any of the project’s surface or subsurface drainage structures or storm water pollution control methods fail to capture, infiltrate, and/or treat water, or result in increased erosion, the Owner shall be responsible for any necessary repairs to the system and restoration of the eroded area. Should repairs or restoration become necessary, prior to the commencement of such repair or restoration work, the Owner shall submit a repair and restoration plan to the Community Development Director to determine if an amendment or a new Building Permit, or Coastal Development Permit, is required to authorize such work. The Owner is responsible for the adequacy of any project-related drainage facilities and for the continued maintenance thereof in a manner that will preclude any hazard to life, health, or damage to the Real Property or any adjoining property.

6. Tsunami and Seiche Liability Limitation. The Owner acknowledges that the project site may be subject to hazards from tsunamis and/or seiches. The Owner assumes the risks of injury and damage from such hazards in connection with the permitted development. The Owner waives any claim of damage or liability against the City for injury or damage from such hazards. In the event of a tsunami and/or seiche hazard event that damages the development, the Owner shall remove all recoverable debris associated with the development from the beach and the ocean and lawfully dispose of the material at an approved disposal site. Such removal shall require authorization through an emergency and/or regular Coastal Development Permit process.

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 Planning Commission land use conditions have been satisfied.

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

2. 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 be painted “Malaga Green,” and if feasible, they shall be screened as approved by HLC.

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.c “S. Calle Cesar Chavez Public Improvements” shall be submitted to the Public Works Department for review and approval. Upon acceptance of completed public improvement

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plans, a Building permit may be issued if the Owner has bonded for public improvements and executed the Agreement to Construct and Install Improvements (Not a Subdivision). b. Water Rights Assignment Agreement. The Owner shall assign to the City of Santa Barbara the exclusive right to extract ground water from under the Real Property in an Agreement Assigning Water Extraction Rights. Engineering Division Staff prepares said agreement for the Owner’s signature.
c. S. Calle Cesar Chavez Public Improvements. The Owner shall submit C-1 public improvement plans for construction of improvements along the property frontage on S. Calle Cesar Chavez. 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: approximately 265 linear feet of 6 foot wide sidewalk/ 90 linear feet of 8 foot wide and approximately 265’ of 4 foot wide landscape parkway, driveway apron modified to meet Title 24 requirements with a maximum width of 36 feet, 275 linear feet of curb and gutter, 200 feet of curb only in the median, one Mid-block and one Standard Diagonal access ramp, two Type 1 City Standard Detail Drop Inlets, approximately 400 linear feet of 15” Storm Drain Pipe, approximately 85 linear feet StormTech Chambers, public drainage improvements with supporting drainage calculations and/or hydrology report for installation of drainage pipe, Storm Drain Chambers, or connection to existing City storm drain, preserve and/or reset survey monuments, protect and relocate existing contractor stamps to parkway, supply and install directional/regulatory traffic control signs per the CA MUTCD during construction, storm drain stenciling. Any work in the public right-of-way requires a Public Works Permit.
 The S. Calle Cesar Chavez driveway is required to be converted to a standard commercial style driveway, or the radii shall be reduced to 12’-0”.  Root pruning and root barriers shall be performed and installed with the new sidewalk.  Median modifications are required to maintain a minimum 20-foot curb to curb width in the northbound direction between E. Cabrillo Blvd and the median opening for the driveway. Restriping of the roadway is required to provide a minimum 2-foot shoulder next to the median, a 12-foot travel lane, and a 6-foot bicycle lane. An opening in the median shall be provided that aligns with the new pedestrian access ramp for crossing S. Calle Cesar Chavez. If the Waterfront Hotel (433 E. Cabrillo Blvd.) project moves forward first, these changes may not be needed or may be altered.
d. Haul Routes Require Separate Permit. Apply for a Public Works permit to establish the haul route(s) for all construction-related trucks with a gross vehicle weight rating of three tons or more entering or exiting the site.
e. 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.
f. Agreement to Construct and Install Improvements. The Owner shall submit an executed Agreement to Construct and Install Improvements, prepared by the Engineering Division, an

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Engineer’s Estimate, signed and stamped by a registered civil engineer, and securities for construction of improvements prior to execution of the Agreement. g. 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.
h. Valet Parking Agreement. A recorded valet agreement is required before issuance of a building permit. To be reviewed and approved by the Public Works Director and City Attorney. i. Valet Operations.
(1) A valet operations plan is required to manage parking operations during peak events with 900-1,000 guests as described in the Parking Study (ATE, February 5, 2024). (2) Valet parking services must ensure a parking attendant will be on duty at all times that the facility is in use and provide sufficient staff and facilities to ensure that automobiles are moved promptly. If, at any time, the valet operation is unable to satisfy the parking demand, and queuing or double parking occurs, the operation shall be temporarily closed until the demand can be properly handled.
(3) Valet parking, vehicle storage, pickup, drop-off, or vehicle movements shall not use any street, alley, or City owned parking facilities, or interfere with any right-of-way without approval of the Public Works Director. Valet shall not remove or interfere with automobile or bicycle parking required for any use.
j. No Loading Activities on E. Cabrillo Blvd. No loading activities shall occur on E Cabrillo Blvd. All loading activities shall take place onsite.
k. Transportation Demand Management Improvements. The alternative mode incentives identified in condition G.3 “Transportation Demand Management” that require physical improvements shall be shown on the project plans.
l. Visitor Information Program. Submit a copy of the updated Visitor Information Program required by condition G.4 “Visitor Information Program” for approval by the Public Works Director.

2. Community Development Department.
a. Recordation of Agreements. The Owner shall provide evidence of recordation of the written instrument that includes all of the Recorded Conditions identified in condition B “Recorded Conditions Agreement” to the Community Development Department prior to issuance of any building permits.
b. Drainage and Water Quality. The project is required to comply with Tier 4 of the Storm Water BMP Guidance Manual, pursuant to Santa Barbara Municipal Code Chapter 22.87 (treatment, rate and volume). The Owner shall submit a hydrology report 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

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633 EAST CABRILLO BOULEVARD / HILTON SANTA BARBARA BEACHFRONT RESORT PAGE 5
unpermitted construction-related or long-term effects from increased runoff, erosion and sedimentation, urban water pollutants (including, but not limited to trash, hydrocarbons, fertilizers, bacteria, etc.), or groundwater pollutants would result from the project. c. Energy Conservation Plan. An updated Energy Conservation Plan shall be submitted for review and approval by the Planning Division, as required by the Park Plaza Specific Plan. d. Water Conservation. Provide documentation that the project will require less than 2.4 acre feet per year per acre (approximately 56.5 acre feet per year) (AFY) of potable water, as required by the Park Plaza Specific Plan.
e. Remediation Action Plan. Owner shall submit the Final Remediation Action Plan and Soil Management Plan approved by Santa Barbara County Environmental Health Services. All remedial action shall be completed by the Owner in compliance with all applicable statutes, ordinances, regulations, and other provisions of law and in a manner consistent with current regulatory guidelines and industry standards. County Environmental Health Services shall oversee all related work and remedial action. The approved Final Remediation Action Plan and Soil Management Plan shall be implemented as part of the construction of the project. f. Tree Protection Measures. The tree protection measures in the Arborist Report (Bill Mellett Design, October 30, 2023) shall be shown on the plans. The following note shall also be shown on the plans: Relocated trees shall be assessed within one (1) year by a certified arborist for signs of extreme stress or impending death, and if present, be replaced immediately. g. Archaeological Monitoring Contract. Submit a contract with an archaeologist from the most current City Qualified Archaeologists List to oversee monitoring during all ground-disturbing activities associated with the project, including, but not limited to, grading, excavation, trenching vegetation or paving removal and ground clearance. The contract shall be subject to the review and approval of the Environmental Analyst. The archaeologist’s monitoring contract shall include the provisions identified in condition D.2.h “Requirement for Archaeological Resources” below.
h. Requirement for Archaeological Resources. The following information shall be printed on the grading plans:

If archaeological resources are encountered or suspected, work shall be halted or redirected immediately and the Environmental Analyst shall be notified. The archaeologist shall assess the nature, extent, and significance of any discoveries and 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 local Barbareño Chumash representative.

If a 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 local Barbareño Chumash representative 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 local Barbareño Chumash representative shall be retained to monitor all further

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633 EAST CABRILLO BOULEVARD / HILTON SANTA BARBARA BEACHFRONT RESORT PAGE 6
subsurface disturbance in the area of the find. Work in the area may only proceed after the Environmental Analyst grants authorization.
i. Native American Monitoring. Contract with a local Chumash tribal representative for monitoring during all ground disturbing activities associated with the project including but not limited to, vegetation or paving removal, grading, excavation, and trenching. The contract shall be subject to the review and approval of the Environmental Analyst. The local Chumash tribal representative and archaeologist's monitoring contract shall include the following provisions:

If unknown tribal cultural resources are encountered or suspected, work shall be halted or redirected immediately and the City Environmental Analyst shall be notified.

The local Chumash tribal representative monitor shall assess the nature, extent and significance of any discoveries and develop appropriate management recommendations for tribal cultural resource and archaeological resource treatment. This may require additional consultation with other Chumash tribal representatives. Resulting management recommendations may include, but are not limited to, archaeological investigations to determine the spatial extent and characteristics of the resources, possible alternative construction methods to avoid the resource, and continued monitoring by the local Chumash tribal representative and archaeologist.

If a discovery consists of possible human remains, the Santa Barbara County Coroner shall be contacted immediately pursuant to Health and Safety Code Sections 7050.5 and Public Resources Code Sections 5097.94, 5097.98, and 5097.99. If the Coroner determines that the remains are Native American, the Coroner shall contact the California Native American Heritage Commission to identify the Most Likely Descendant, who shall work with the project applicant to determine the appropriate disposition of the remains in a location that ensures their preservation in perpetuity. Work in the area may only proceed after the Environmental Analyst grants authorization.
j. Arborist’s Monitoring. Submit to the Planning Division an executed contract with a qualified arborist for monitoring of all work during construction. The contract shall include a schedule for the arborist's presence during grading and construction activities, and is subject to the review and approval of the Planning Division.
k. Transfer of Existing Development Rights. The documents transferring the development rights (43,118 square feet) from the Waterfront Hotel at 433 E. Cabrillo Blvd. to the project site shall be submitted to the Community Development Director for review and approval prior to execution. Once the documents affecting the transfer of rights has been executed and recorded, evidence of the recording shall be submitted to the Community Development Department.
l. Air Quality and Dust Control. The Owner shall contact the Santa Barbara County Air Pollution Control District (APCD) to finalize the regulatory requirements, and best practices related to dust control and emission reduction, that were suggested in the APCD letter dated November 16, 2023. All requirements shall be reproduced on the plans. m. 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.

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633 EAST CABRILLO BOULEVARD / HILTON SANTA BARBARA BEACHFRONT RESORT PAGE 7
n. 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 who compiled the mailing list shall be submitted to the Planning Division.
o. Letter of Commitment for Pre-Construction Conference. The Owner shall submit to the Planning Division a letter of commitment to hold the Pre-Construction Conference identified in condition E.2 “Pre-Construction Conference” prior to disturbing any part of the project site for any reason.
p. 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. q. Disaster Evacuation and Safety Plan. Provide an updated Disaster Evacuation and Safety Plan subject to approval by the Fire Department and Planning Division, as required by the Park Plaza Specific Plan.
r. Conditions on Plans/Signatures. The final Resolution shall be provided on a full-size drawing sheet as part of the drawing sets. The following statement shall be signed prior to issuance of any permits:

The undersigned have read and understand the required conditions and agree to abide by all conditions.

2. Pre-Construction Conference. Not less than 10 days or more than 20 days prior to commencement of construction, a conference to review site conditions, construction schedule,

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633 EAST CABRILLO BOULEVARD / HILTON SANTA BARBARA BEACHFRONT RESORT PAGE 8
construction conditions, shall be held by the General Contractor. The conference shall include representatives from the Public Works Department Engineering and Transportation Divisions, Community Development Department Building and Planning Divisions, the Property Owner, Archaeologist, Architect, Arborist, Landscape Architect, Biologist, Geologist, Project Engineer, Contractor and each Subcontractor.

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. Bird Breeding and Nesting. Activities that could impact nesting or breeding birds protected under the Migratory Bird Treaty Act (including tree trimming, tree removal, construction activities, noise, vibration, or lighting) within or adjoining ESHAs, creeks, wetlands, special wildlife areas, or known nesting or breeding areas shall be prohibited during the nesting and breeding season for birds (February 1-August 30) where feasible.

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633 EAST CABRILLO BOULEVARD / HILTON SANTA BARBARA BEACHFRONT RESORT PAGE 9
If it is not feasible to complete such work outside the bird nesting and breeding season, then work may be approved subject to a condition requiring bird nesting and breeding surveys. These surveys should be performed by a qualified biologist no more than fourteen calendar days prior to the start of any activities that could impact nesting or breeding birds. If active nesting or breeding is found, activities that could impact the nesting birds shall be prohibited until any active nest is vacated. If any activities must occur to remediate an imminent danger, measures shall be implemented to avoid and minimize impacts to nesting birds.

8. Tree Protection Measures. Trees shall be protected with fencing as described in the Arborist Report (Bill Mellett Design, October 30, 2023).

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

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

4. Native American Monitoring Report. The Applicant shall submit a final report on the results of the tribal cultural resource monitoring to the Environmental Analyst within 180 days of completion of the monitoring, or prior to the issuance of the Certificate of Occupancy / Final Inspection, whichever is earlier. The report shall include a statement as to the duration of monitoring completed, any resources encountered, and a conclusion that any potential impacts to the resource were satisfactorily addressed.

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633 EAST CABRILLO BOULEVARD / HILTON SANTA BARBARA BEACHFRONT RESORT PAGE 10

6. Removal of Storage Containers. The storage containers occupying parking spaces on the eastern side of the project site must be permanently removed.

G. General Conditions.

2. Waterfront Area Parking District. The Owner shall waive the right to protest the formation of a waterfront area parking district as required by the Park Plaza Specific Plan.

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633 EAST CABRILLO BOULEVARD / HILTON SANTA BARBARA BEACHFRONT RESORT PAGE 11
b. Provide information to visitors via email (prior to them coming) regarding alternative transportation available in Santa Barbara.
c. A means of providing train, bus, and airline schedules and maps to prospective hotel guests. d. A means of providing hotel guests with information on alternative transportation modes, schedules, and maps of access to the Central Business District, beach area, and other local and regional points of interest. In addition, the hotel operator shall contact the Metropolitan Transit District to purchase bus and/or shuttle passes or tokens for hotel guests. Explicit notice of the free passes shall be provided to hotel guests upon arrival, and these passes shall be available to any guests who request them.
e. Advertisement for and solicitation of meetings and other events which includes explanation of the City's clean air and energy reduction goals and an explanation of the benefits of using alternative and active transportation modes.
f. A means of coordinating special events with the City so that appropriate traffic controls, rerouting, and timing of events can be achieved.
g. Bicycle rentals shall be provided for hotel guests. As long as there is a reduction in the required 209 bicycle spaces, as allowed by the Parking Modification approval, the hotel shall continue to provide bicycle rentals to guests through a third-party vendor. The rental bicycles shall not use the bicycle spaces required for guests and employees.

5. Relocated Trees. Relocated trees shall be assessed within one (1) year by a certified arborist for signs of extreme stress or impending death, and if present, they shall be replaced immediately.

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633 EAST CABRILLO BOULEVARD / HILTON SANTA BARBARA BEACHFRONT RESORT PAGE 12
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.

If the City or the City’s Agents decide to independently defend a Claim, the City and the City’s Agents shall bear their own attorney fees, expenses, and costs of that independent defense.

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

A. NOTICE OF MODIFICATION APPROVAL TIME LIMITS:

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

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

B. NOTICE OF DEVELOPMENT PLAN AND TRANSFER OF EXISTING DEVELOPMENT RIGHTS TIME LIMITS:

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

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

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633 EAST CABRILLO BOULEVARD / HILTON SANTA BARBARA BEACHFRONT RESORT PAGE 13
C. NOTICE OF COASTAL DEVELOPMENT PERMIT TIME LIMITS:

1. Otherwise explicitly modified by conditions of approval for the Coastal Development Permit.

2. A Building Permit for the work authorized by the Coastal Development Permit is issued prior to the expiration date of the approval.

D. NOTICE OF TIME LIMITS FOR PROJECTS WITH MULTIPLE APPROVALS (SBMC §

30.205.120):

Todd A. Amspoker
Cory T. Baker
Kristen M. R. Blabey
Shannon D. Boyd
Melissa J. Fassett
Ian M. Fisher
Arthur R. Gaudi
Cameron Goodman
Christopher E. Haskell
James H. Hurley, Jr.

Eric P. Hvolbøll
Kristin M. King
Our File Number:
24605-1
Counsellors at Law
200 East Carrillo Street, Suite 400
Santa Barbara, CA 93101-2190
Mailing Address: P.O. Box 99
Santa Barbara, CA 93102-0099
www.ppplaw.com
Ph (805) 962-0011 Fax (805) 965-3978
E-mail: [email protected]
Mark S. Manion
Timothy E. Metzinger
Shereef Moharram
Craig A. Parton
Hana Princip
Paul A. Roberts
Peter D. Slaughter
Jeremy D. Stone
Jeff Tchakarov
David W. Van Horne
C.E. Chip Wullbrandt
September 15, 2025

VIA E-MAIL ONLY
City of Santa Barbara City Council
Attn: City Clerk’s Office
735 Anacapa Street
Santa Barbara, CA 93101
[email protected]
Re: 633 E. Cabrillo Blvd. (PLN2022-00443) – Hilton Santa Barbara Beachfront Resort Dear Mayor Rowse and City Councilmembers:

This firm represents Fess Parker-Red Lion Hotel (“Applicant”) in relation to Planning Application PLN2022-00443 (the “Application”) for a proposed addition to Building B at the Hilton Santa Barbara Beachfront Resort located at 633 East Cabrillo Boulevard (the “Hilton Hotel”). The Application proposes, in part, to transfer approximately 43,221 square feet of Approved Floor Area from the adjacent Santa Barbara Waterfront Hotel located at 433 E.

Cabrillo Boulevard (the “Waterfront Hotel”) to the Hilton Hotel as a Transfer of Existing Development Rights (“TEDR”) pursuant to that certain Development Agreement dated June 23, 2016 (as amended, modified and supplemented from time to time, the “Development Agreement”) between the City and American Tradition, LLC (“American Tradition”).

We submit this letter in response to UNITE HERE Local 11’s (“Local 11”) appeal of the Planning Commission’s approval of the Application (the “Appeal”).

For the reasons set forth below, the Appeal is without merit and should be denied.

ATTACHMENT
City of Santa Barbara City Council
Re: 633 E. Cabrillo Blvd. (PLN2022-00443) – Hilton Santa Barbara Beachfront Resort September 15, 2025

Page 2 ends

A. Allegations Related to the Development Agreement
Local 11 claims the term of the Development Agreement has expired and therefore the City cannot accept or process the Application. The Appeal misstates the relevant timeline and misconstrues the pertinent provisions of the Development Agreement regarding such term. 1) The Application Was Timely Submitted
As a preliminary matter, even assuming the term of the Development Agreement was not extended as it was (see further discussion below), Applicant submitted the Application to the City prior to the original expiration date of the relevant provisions of the Development Agreement, and the City acted properly by accepting, processing and approving the TEDRs.

Section 4 of the Development Agreement provides that its term “shall extend for a period of five (5) years after 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.” (Emphasis added; see further discussion below.) The “Effective Date” was June 23, 2016. Therefore, if the term had not been subsequently extended as it was, the original “Term” of the Development Agreement would have expired on June 23, 2021.

Section 4 further provides: “Notwithstanding the foregoing, the provisions of Section 11 [governing TEDRs] shall extend for an additional period of two (2) years after the Term of this Agreement (“Section 11 Term”).” Therefore, the original Section 11 Term, which governs any TEDR applications pursuant to the Development Agreement, would have expired on June 23, 2023, if not extended as discussed below.

The Application—which includes the application for TEDRs—was originally submitted to the City on November 14, 2022, more than seven months before the end of the original Section 11 Term. Section 11 states that the “ability to apply for a transfer of Approved Floor Area from the Hotel Parcel to any other receiving site shall expire by operation of law” upon the expiration of the Term and the Section 11 Term, provided, however, that “the Parker Family shall be entitled to continue to process any application for the transfer of Approved Floor Area from the Hotel Parcel that is filed before such expiration or termination of this Agreement.” (Emphasis added.)
The plain terms of the Development Agreement are clear that the Application need only be filed prior to the expiration of the Section 11 Term, not that the Application must have been “deemed complete” prior to expiration of the Section 11 Term, as alleged in the Appeal. For these reasons the Application was timely filed, regardless of whether the original term of the Development Agreement was extended.

City of Santa Barbara City Council
Re: 633 E. Cabrillo Blvd. (PLN2022-00443) – Hilton Santa Barbara Beachfront Resort September 15, 2025

Page 3 ends

2) The Development Agreement Term Has Been Properly Extended Local 11 makes the specious argument that Section 21 allows extensions only for “the time for performance by the Parker Family of any obligations hereunder,” and therefore the term of the Development Agreement may not be extended to allow for the exercise of any “privileges/options” afforded thereunder. This is incorrect.

Although Section 21 allows the City to unilaterally extend times for performance in its sole discretion, without requiring an amendment, so long as such unilateral extension does not change the obligations to be performed under the Development Agreement, those provisions are “[i]n addition to any extensions of time otherwise provided in this Agreement.” Section 4 makes clear that the term of the Development Agreement may be “extended…by mutual consent of the parties hereto.” This is the only rational interpretation, and the City’s conduct in accepting, processing and approving the Application between November 2022 and May 2025 demonstrates the parties’ intent to construe the Development Agreement in this manner.

More importantly, that “mutual consent” between the City and American Tradition has been evidenced in writing by the Community Development Director on five separate occasions.

The first was by letter dated May 13, 2020, extending the expiration date of the Term to June 23, 2022; the second, by letter dated June 8, 2021, further extended the expiration date to June 23, 2023; the third, by letter dated May 30, 2023, further extended the expiration date to June 23, 2024; the fourth, by letter dated June 17, 2024, further extended the expiration date to December 23, 2025; and most recently, by letter dated September 5, 2025, further extended the expiration date to December 23, 2027. (See copies of all five extension letters attached as Exhibit A.) Because the Development Agreement clearly allows for mutually agreed-upon extensions, American Tradition and the City have properly extended the Term through December 23, 2027, which means the Section 11 Term currently expires on December 23, 2029 (two years after the expiration of the extended Term).

B. Allegations Related to Low Cost Overnight Accommodations Local 11 claims the City cannot approve the Application without requiring additional mitigation for low cost overnight accommodations (“LCOAs”). This is incorrect. Any LCOA mitigation requirements for the Approved Floor Area being transferred have been fully satisfied by American Tradition, and Applicant is entitled to rely upon the City’s approval of these mitigation requirements in processing the Application. Accordingly, whether and to what extent the building located at 12 East Montecito Street in Santa Barbara (the “Hostel”) is currently operated in accordance with City LCOA mitigation requirements has no bearing on the City’s approval of the Application.

City of Santa Barbara City Council
Re: 633 E. Cabrillo Blvd. (PLN2022-00443) – Hilton Santa Barbara Beachfront Resort September 15, 2025

Page 4 ends

1) The Hostel’s Operational Status Since 2014 is Irrelevant Whether and to what extent the Hostel is currently operated as an LCOA has no bearing on the Application or whether mitigation is required as a condition of approval for the TEDRs.

The City’s Specific Plan No. 1 for Park Plaza, as amended on March 22, 1994 (the “Amended Specific Plan”), requires that a 100-bed hostel be developed as a condition of approval for American Tradition’s development of the Waterfront Hotel. (See Amended Specific Plan at Sections VI.B.3.b and VI.B.4.) American Tradition fully satisfied this condition by constructing the Hostel in compliance with the City’s requirements, and a certificate of occupancy was issued on August 12, 2014.

American Tradition originally acquired the Hostel property from the Redevelopment Agency of the City of Santa Barbara pursuant to Grant Deed With Power of Termination recorded December 30, 1998 as Inst. No. 98-102120 (“Hostel Deed 1”). On the same day, American Tradition then conveyed the Hostel property to the Parker Family Trust (the “Trust”) pursuant to Grant Deed recorded as Inst. No. 98-102123 (“Hostel Deed 2”), and the Trust concurrently conveyed the Hostel property to the Rodney James Schull Memorial Foundation (the “Foundation”) by Gift Deed recorded as Inst. No. 98-102124 (“Hostel Deed 3”). Following completion of construction of the Hostel, the Foundation transferred the Hostel property to an unrelated third party, 12 East Montecito Investors, L.P. (“Montecito Street Investors”) by Grant Deed recorded August 14, 2014 as Inst. No. 2014-0037045 (“Hostel Deed 4”). Montecito Street Investors subsequently conveyed the Hostel property to Montecito Hospitality LLC by Grant Deed recorded October 16, 2020 as Inst. No. 2020-0057845, who thereafter conveyed the Hostel Property to the current owner, 12 E. Montecito Investors LLC, by Grant Deed recorded June 23, 2022 as Inst. No. 2022-0029557 (together with Hostel Deed 1, Hostel Deed 2, Hostel Deed 3 and Hostel Deed 4, the “Hostel Deeds”). Accordingly, neither American Tradition nor the Foundation has had any operational control over the Hostel since August 14, 2014, the date the property was transferred to Montecito Street Investors. Furthermore, the Hostel Deeds are each subject to certain covenants, conditions and restrictions requiring a hostel to operate on the Hostel property.

As further evidence of American Tradition’s satisfaction of the City’s requirements to construct the Hostel, the City Attorney sent a letter on January 12, 2011, a true and correct copy of which is attached hereto as Exhibit B, summarizing the City’s position with respect to the Foundation’s proposal to convey the Hostel property to Montecito Street Investors. This letter demonstrates that, upon issuance of a certificate of occupancy for the Hostel, American Tradition’s LCOA obligations under the Specific Plan and related City requirements were fully satisfied, regardless of any subsequent transfer of the Hostel to unrelated third-parties.

City of Santa Barbara City Council
Re: 633 E. Cabrillo Blvd. (PLN2022-00443) – Hilton Santa Barbara Beachfront Resort September 15, 2025

Page 5 ends

Likewise, the City acknowledged in the Development Agreement that: (1) American Tradition’s obligation to provide LCOAs was fully satisfied by the construction of the Hostel; and (2) American Tradition’s vested right to develop the Waterfront Hotel without further mitigation for LCOAs can be transferred to the Hilton Hotel pursuant to Section 11. Both American Tradition, as owner of the sending site, and Applicant, as owner of the receiving site, are entitled to benefit from this vested right, regardless of how the Hostel has been operated.

Specifically, Section 8.3 of the Development Agreement memorializes the City’s acknowledgement that American Tradition’s construction of the Hostel fully satisfied all LCOA mitigation requirements for the Waterfront Hotel, which mitigation credits must be considered as part of the Application:

The City hereby acknowledges and agrees that the Parker Family has fully satisfied the requirements of the Amended Specific Plan, Existing City Laws and any additional requirements or mitigation measures that may be applicable to any development of the [Waterfront Hotel] … related to the accommodation or construction of a hostel by and through development of the Hostel… [and the] City shall not require as a condition of approval or otherwise for development of the [Waterfront Hotel] … any additional fees, dedications or expenditures by the Parker Family related to the accommodation or construction of a hostel or affordable or lower-cost visitor accommodations. (See also Development Agreement at Recitals M-N (“as a condition of approval for the new [Waterfront Hotel], the Parker Family agreed to construct a separate 100-bed hostel to provide lower-cost visitor accommodations in the waterfront area (the “Hostel”) … [which] was constructed and on August 12, 2014 a Final Certificate of Occupancy [was issued] …”).) Section 11 of the Development Agreement explicitly authorizes and affirms the right to transfer development rights from the Waterfront Hotel to the Hilton Hotel, and further provides:

In its review of any application to transfer development rights from the [Waterfront Hotel] to the [Hilton Hotel] the City shall take into consideration and give appropriate credit to the Parker Family for those fees, dedications and public improvements made by the Parker Family in satisfaction of its obligations under Development Agreement No. 1, including without limitation its provision of lower-cost visitor accommodations through development of the Hostel…
(Development Agreement Section 11.1.2 (emphasis added).) City of Santa Barbara City Council
Re: 633 E. Cabrillo Blvd. (PLN2022-00443) – Hilton Santa Barbara Beachfront Resort September 15, 2025

Page 6 ends

The Municipal Code further memorializes the superiority of the Development Agreement in Section 28.95.115: “In the case of any conflict between the terms of this chapter 28.95 and the provisions of the Development Agreement between the City of Santa Barbara and American Tradition, LLC dated June 23, 2016 (the “Development Agreement”), the provisions of the Development Agreement shall control.”
The City has therefore affirmed, in both the Development Agreement and supporting correspondence, that American Tradition’s construction of the Hostel completely satisfied any mitigation requirements for Applicant’s proposed transfer of Approved Floor Area to the Hilton Hotel pursuant to the Application, which cannot be conditioned upon further LCOA mitigation, regardless of how the Hostel has been operated.

For this same reason, whether and to what extent the City has conducted annual reviews is irrelevant, because any information about the current operational status of the Hostel would have no bearing on American Tradition’s compliance with the Development Agreement or American Tradition’s right to transfer—and Applicant’s right to receive—TEDRs under the Development Agreement.

In summary, neither Applicant nor American Tradition has any rights or obligations to ensure the Hostel continues to meet City operational requirements after it was sold to Montecito Street Investors, which burden runs with the land as evidenced by the Hostel Deeds. The Application must therefore be approved, irrespective of how the Hostel has been operated since that time.
2) The Number of Hotel Rooms in the Application is Irrelevant Local 11 alleges that the Application seeks approval of more hotel rooms than is allowed under the Development Agreement, however neither the Development Agreement nor the Municipal Code measure TEDRs by rooms. Rather, the standard of measurement is Approved Floor Area square footage, and in this case the Application seeks to transfer less than the total Approved Floor Area available for transfer under the Development Agreement.

Specifically, Section 11 confers “the right to transfer no more than 66,834 square feet of Approved Floor Area (collectively, “Initial TEDR”) from the Hotel Parcel to one or more receiving sites.” (Emphasis added.) Nothing in the Development Agreement or Chapter 28.95 of the Municipal Code measures transferable development rights by hotel room count, only by “Approved Floor Area.” As noted above, both the Development Agreement (Section 11) and the Municipal Code (Section 28.95.115) provide that in the event of any inconsistency between the Development Agreement and the Code, the Development Agreement controls.

City of Santa Barbara City Council
Re: 633 E. Cabrillo Blvd. (PLN2022-00443) – Hilton Santa Barbara Beachfront Resort September 15, 2025

Page 7 ends

The City therefore correctly processed the TEDR application on an “Approved Floor Area” rather than on a room count basis. In this case, only 43,221 square feet is proposed to be transferred, which is 23,613 square feet less than what is allowed under the Development Agreement. The number of rooms proposed to be added to the Hilton Hotel, as compared to the number of rooms proposed to be developed at the Waterfront Hotel, is simply irrelevant.

C. Conclusion
The Development Agreement—including the provisions authorizing the TEDRs proposed in the Application—remains in effect, and its term has properly been extended by subsequent written agreements between the parties. The Application was timely filed prior to the expiration of the original term applicable to TEDRs and the City properly accepted, processed and approved the Application.

The City cannot take away American Tradition’s vested rights by denying the transfer of Approved Floor Area to Applicant embedded in the Development Agreement and enshrined in the Municipal Code, nor hold either of them accountable for an unrelated third party’s alleged breach of the restrictions contained in the Hostel Deeds.

For these reasons we respectfully request that the City Council deny the Appeal and uphold the Planning Commission’s approval of the Application.

Sincerely,
Cameron Goodman
for PRICE, POSTEL & PARMA LLP
Attachments
Cc: Kelly McAdoo, City Administrator ([email protected]) Allison DeBusk, Acting Community Development Director
([email protected])
Ellen Kokinda, Acting City Planner ([email protected]) Sarah Knecht, City Attorney ([email protected]) Tava Ostrenger, Assistant City Attorney ([email protected]) Kathleen Kennedy, Project Planner ([email protected]) Megan Arciniega, Development Review Supervisor ([email protected]) Exhibit A
Development Agreement Extension Letters
(See Attached)

Director's Office
Tel: (805) 564-5502
Fax: (805) 564-5477
Administration, Housing
& Human Services
Tel: (805) 564-5461
Fax: (805) 564-5477
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Tel: (805) 564-5485
Fax: (805) 564-5476
Planning
Tel: (805) 564-5470
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Rental Housing
Mediation Program
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630 Garden Street
PO Box 1990
Santa Barbara, CA
93102-1990
City of Santa Barbara

Community Development Department SantaBarbaraCA.gov
May 13, 2020
Fess E. Parker, III
American Tradition, LLC
800 Miramonte Drive
Santa Barbara, CA 93109
Robert S. Green, Jr.

RGC Santa Barbara Hotel, LLC
3551 Fortuna Ranch Road
Encinitas, CA 92024
RE: Waterfront Hotel Development Agreement Time Extension (433 E. Cabrillo Blvd. and 103 S.

Calle Cesar Chavez)
Dear Mr. Parker and Mr. Green,
The City is in receipt of your letter dated May 1, 2020 requesting a one-year time extension of both the Term of the Development Agreement and the deadline to submit an application for New Building Permits and New Public Works Permits for the Waterfront Hotel project.

Staff have been working with you to move the project forward through the review process, and we agree that significant progress has been made. We also realize that project revisions were deemed necessary when RGC became involved in the project. Additional design review hearings have been scheduled for May and June, and a Planning Commission hearing to review the Substantial Conformance Determination request is also pending a hearing date. Finally, the short-term and longterm uncertainty related to COVID-19 has resulted in immediate delays, as well as delays and uncertainty related to financing.

As such, | am supportive of your time extension request. In accordance with Paragraph 21 of the Development Agreement, | hereby grant a one-year time extension for submittal of New Building Permits and New Public Works Permits (extending the deadline to June 23, 2021), and a one-year extension of the overall Term of the Development Agreement (extending the deadline to June 23, 2022).

We are pleased to hear that you remain committed to continuing the process and bringing a luxury hotel to the Waterfront, and we look forward to working with you toward that goal.

Sincerely,

fon Allison De Busk, Senior Planner
Tony Boughman, Associate Planner
June 8, 2021
Fess E. Parker, III
American Tradition, LLC
800 Miramonte Drive
Santa Barbara, CA 93109
Robert S. Green, Jr.

RGC Santa Barbara Hotel, LLC
3551 Fortuna Ranch Road
Encinitas, CA 92024
RE: Waterfront Hotel Development Agreement Time Extension (433 E. Cabrillo Blvd. and 103 S.

Calle Cesar Chavez)
Dear Mr. Parker and Mr. Green,
The City is in receipt of your letter dated May 6, 2021 requesting a one-year time extension of both the Term of the Development Agreement and the deadline to submit an application for New Building Permits and New Public Works Permits for the Waterfront Hotel project.

Staff have been working with you to move the project forward through the review process, and we agree that significant progress has been made. The project received a Substantial Conformance Determination, Final Approval from the Architectural Board of Review, and Final Approval from the Historic Landmarks Commission. You advise us that the construction drawings are approximately 80% complete, and that you have prepared preliminary budgets for construction. We understand the challenges of the COVID-19 pandemic have disrupted or delayed normal business activities.

As such, I am supportive of your time extension request. In accordance with Paragraph 21 of the Development Agreement, I hereby grant a one-year time extension for submittal of New Building Permits and New Public Works Permits (extending the deadline to June 23, 2022), and a one-year extension of the overall term of the Development Agreement (extending the deadline to June 23, 2023).

We are pleased to hear that you remain committed to continuing the process and bringing a luxury hotel to the Waterfront, and we look forward to working with you toward that goal.

Sincerely,
Rebecca Bjork
Interim Community Development Director
cc: Graham Lyons of Mullen & Henzell, LLP
Allison DeBusk, Senior Planner II
Tony Boughman, Associate Planner
May 30, 2023
Fess E. Parker, III
American Tradition, LLC
800 Miramonte Drive
Santa Barbara, CA 93109
Robert S. Green, Jr.

RGC Santa Barbara Hotel, LLC
3551 Fortuna Ranch Road
Encinitas, CA 92024
RE: Waterfront Hotel Development Agreement Time Extension (433 E. Cabrillo Blvd. and 103 S. Calle Cesar Chavez))
Dear Mr. Parker and Mr. Green,
The City is in receipt of your letter dated May 22, 2023 requesting an extension of the Term of the Development Agreement.

Staff have been working with you to move the project forward through the review process, and we agree that progress continues to be made, including submittal of building permit applications, a public works permit application, and recordation of a revised Declaration of Construction and Operating Covenants and Reciprocal Easements, as identified in your letter.

As such, I am supportive of your extension request. In accordance with Paragraph 21 of the Development Agreement, I hereby grant a one-year time extension of the term of the Development Agreement, thereby extending it to June 23, 2024.

We are pleased to hear that you remain committed to bringing a luxury hotel to the Waterfront, and we look forward to continued work with you and your team to achieve that goal.

Sincerely,
Elias Isaacson
Community Development Director
Cc: Trish Allen, SEPPS
Dan Hentschke, City Attorney
Tony Boughman, Associate Planner
June 17, 2024
Eli Parker
Ashley Parker
American Tradition, LLC
c/o Graham M. Lyons, Esq.

Mellen & Henzell, L.L.P.
[email protected]
RE: Waterfront Hotel Development Agreement Time Extension (433 E. Cabrillo Blvd. and 103 S.

Calle Cesar Chavez)
Dear Mr. Lyons,
The City is in receipt of your letter dated June 14, 2024, requesting an extension of the Term of the Development Agreement.

Staff have been working with you to move the project forward through the review process, and we agree that progress continues to be made, including progress on several building permit applications, as identified in your letter.

As such, I am supportive of your extension request. In accordance with Paragraph 21 of the Development Agreement, I hereby grant an 18-month time extension of the term of the Development Agreement, thereby extending it to December 23, 2025.

We are pleased to hear that you remain committed to bringing a luxury hotel to the Waterfront, and we look forward to continued work with you and your team to achieve that goal.

Sincerely,
James Hamilton
Acting Community Development Director
Cc: Sarah Knecht, City Attorney
Kathleen Kennedy, Project Planner
September 5, 2025
American Tradition, LLC
c/o Eli Parker, President
Fespar Enterprises, LLC
[email protected]
RE: Waterfront Hotel Development Agreement Time Extension (433 E. Cabrillo Blvd. and 103 S.

Calle Cesar Chavez)
Dear Mr. Parker:

The City is in receipt of your letter dated August 12, 2025, requesting an extension of the Term of the Development Agreement.

As indicated in your letter, the lease with an affiliate of The Robert Green Company was terminated, and additional time is needed to locate a suitable hotel developer to complete the project.

Staff have been working with you to move the project forward through the review process, and we agree that progress continues to be made, including the payment of property taxes and annual park maintenance fees.

As such, I am supportive of your extension request. As a condition of the extension, we require that the wood fence surrounding the majority of the property be replaced by December 23, 2025 to improve aesthetics and safety in the area, and that the fence and adjacent area be maintained until hotel construction is complete. We will also require that the murals be reinstalled at the same time. If the murals differ from the original approvals, design review approvals may be required. Please coordinate with Planning Division design review staff on this aspect.

In accordance with Paragraph 21 of the Development Agreement, I hereby grant a 24-month time extension of the term of the Development Agreement, thereby extending it from December 23, 2025 to December 23, 2027.

We are pleased to hear that you remain committed to bringing a new hotel to the Waterfront, and we look forward to continued work with you and your team to achieve that goal.

Sincerely,
Allison DeBusk
Interim Community Development Director
Cc: Kelly McAdoo, City Administrator
Sarah Knecht, City Attorney
Jill Zachary, Parks and Recreation Director
Kathleen Kennedy, Project Planner
Exhibit B
City Attorney Letter – January 12, 2011
(See Attached)

SOLVANG SANTA BARBARA VENTURA

ATTORNEYS AT LAW
112 E. Victoria Street Phone: (805) 966-1501
Santa Barbara, California 93101 www.mullenlaw.com
e-mail: [email protected]
September 15, 2025
VIA U.S. MAIL AND EMAIL
City of Santa Barbara City Council
Attn: City Clerk’s Office ([email protected])
735 Anacapa Street
Santa Barbara, CA 93101
Re: UNITE HERE Local 11 Appeal of the Hilton Santa Barbara Beachfront Resort - 633 E. Cabrillo Blvd. (PLN2022-00443)
Dear City Council Members:

We respectfully submit this letter on behalf of American Tradition, LLC (“American Tradition”) in response to the appeal filed by UNITE HERE Local 11 (“Local 11”) from the approval by the Planning Commission of Application PLN2022-00443 (the “Application”) for a proposed transfer of existing development rights (“TEDR” or the “Project”) of 43,221 square feet from the adjacent Waterfront Hotel property located at 433 E. Cabrillo Blvd., owned by American Tradition (“the Sending Site”) to the Hilton Santa Barbara Beachfront Resort property located at 633 East Cabrillo Boulevard (the “Receiving Site”). Development of the Waterfront Hotel is being pursued under a statutory development agreement entered into on June 23, 2016, between the City and American Tradition (the “Development Agreement”).

For the following reasons the appeal must be denied. The arguments advanced by Local 11 are legally and factually unsound, rest on a misinterpretation of the controlling Development Agreement, and seek to undo vested rights conferred upon American Tradition by the City acting pursuant to the California Government Code. As such, any disapproval by the City of the Application would directly contravene terms of the Development Agreement authorized by California State law and result in a breach of contract.

By this letter, American Tradition expresses its full support of the arguments asserted in the appeal response letter from Mr. Cameron Goodman, submitted on behalf of Fess Parker-Red Lion Hotel as “Applicant” for the Project (“Applicant’s Letter”). This letter is intended as a supplement to Applicant’s Letter, addressing issues specific to American Tradition and its Development Agreement.

City of Santa Barbara City Council
September 15, 2025

Page 2 ends

I. The TEDR is Permitted under the Development Agreement In its appeal, Local 11 alleges that the proposed TEDR is not permitted under the Development Agreement for two principal reasons. First, Local 11 claims that the Development Agreement expired, and therefore the TEDR application was not timely filed. This is plainly incorrect.

Applicant’s Letter already provides a detailed analysis of this issue, which we will not restate in full here. It is important to emphasize, however, that the “Section 11 Term,” which governs any TEDR applications pursuant to the Development Agreement, would have expired on June 23, 2023, absent any extensions. The Application was submitted on November 14, 2022, more than seven months before the end of the original Section 11 Term. Moreover, the Development Agreement was properly extended by mutual consent of the parties on five separate occasions between May 2020 and September 2025, establishing a new expiration date of December 23, 2027.

Therefore, under either scenario, the Application was timely filed.

Second, Local 11 alleges that the Application seeks the City’s approval to transfer entitlements for more hotel rooms than are allowed under the Development Agreement. Again, we will not restate the arguments made in Applicant’s Letter, but it must be made abundantly clear that the number of hotel rooms enabled by the TEDR is immaterial.

Under Chapter 28.95 of the City’s Municipal Code, the standard measurement for a TEDR is the “Approved Floor Area.” Section 11 clearly states that American Tradition has a “vested right to develop a total of 142,647 square feet of nonresidential floor area on the [Sending Site].” The Municipal Code further provides that “[h]otel and motel rooms which are approved but not constructed at the time of transfer approval shall be measured only in square feet of floor area.” (SBMC § 28.95.020, emphasis added). As the Waterfront Hotel rooms have not yet been constructed, the Municipal Code explicitly requires that the Existing Development Rights located on the Sending Site be measured in square feet of floor area rather than on a room count basis.

Finally, both the Municipal Code and the Development Agreement state that in the event of any inconsistency between the Municipal Code and the Development Agreement, the Development Agreement will control. (SBMC § 28.95.115).

Section 11 of the Development Agreement confers the right to transfer no more than 66,834 square feet of Approved Floor Area from the Waterfront Hotel property to one or more receiving sites.

The TEDR application contemplates the transfer of only 43,221 square feet, which is significantly less than the total amount of Approved Floor Area available for transfer under the Development Agreement. As such, the transfer of square footage requested under the Application is clearly permitted by the Development Agreement and by the Municipal Code.

In total, the Local 11 arguments are legally and factually unsound, based on a clear misinterpretation of the Development Agreement, and therefore must be rejected.

City of Santa Barbara City Council
September 15, 2025

Page 3 ends

II. Disapproval of the TEDR Would Violate the City’s Grant to American Tradition of Fully Vested Entitlement Rights to Develop the Waterfront Hotel The City and American Tradition entered into the Development Agreement in 2016 after extensive negotiations and in recognition of the substantial public benefits American Tradition (and its predecessorsin interest) had already conferred and/or committed to confer as part of the Waterfront Hotel development, including, among other things, the dedication of land for Chase Palm Park, ongoing annual contributions for park maintenance, construction of a hostel to provide lower-cost visitor accommodations, and traffic and infrastructure improvements and related expenditures. In exchange for these benefits, the City agreed to confer upon American Tradition certain vested rights to develop the Waterfront Hotel, including the right to transfer unused floor area from the Waterfront Hotel property to other sites. Such a transfer helps ensure the economic and practical feasibility of the Waterfront Hotel project.

As explained above, Section 11 of the Development Agreement governs the TEDR process and expressly provides that American Tradition may transfer up to 66,834 square feet of Approved Floor Area from the Sending Site, with additional transfers authorized upon issuance of hotel permits, subject to the City’s ordinances in effect at the time the Development Agreement was executed. The right of American Tradition to transfer the Approved Floor Area continues until the expiration of the Term and the Section 11 Term which continues for two years beyond expiration of the Development Agreement itself. Additionally, American Tradition is entitled to continue to process any TEDR application that is filed before such expiration. Again, the subject Application was filed prior to expiration of the Section 11 Term, and, in any event, the Term of the Development Agreement has been properly extended meaning the TEDR Application was timely filed.

In its appeal, Local 11 repeatedly mischaracterizes the TEDR as a mere “option” or “privilege,” misconstruing the plain language of the Development Agreement. The Development Agreement was not an option. It did not include the elements of an option, which are a specific grant, a defined exercise period, and separate consideration. None of those elements exist in the Development Agreement, which was the grant not of an option, but of a vested right pursuant to specific provisions of the California Government Code. Section 11 explicitly confers the “right to transfer no more than 66,834 square feet of Approved Floor Area” from the Sending Site to other properties in the City, which vested at the time of execution of the Development Agreement, meaning that the transfer is only subject only to the ordinances in effect at the time of execution and the conditions expressly enumerated in Section 11. This is a contractual right that is a fundamental component of a wholistic development plan for the Waterfront Hotel, a carefully negotiated and mutually agreed upon contract between the City and American Tradition, which the City will breach if it upholds the Local 11 appeal.

City of Santa Barbara City Council
September 15, 2025

Page 4 ends

California law is clear that such contractual rights are enforceable against the City by any party thereto. (See e.g., Gov. Code § 65865.4). Courts have also consistently enforced the binding nature of development agreements, recognizing them as contracts protected against unilateral governmental modification. Thus, if the City were to disapprove the TEDR application now, it would not be merely exercising discretionary judgment, it would be repudiating its contractual obligations. Such a repudiation would constitute an unlawful impairment of vested rights held by American Tradition, resulting in a breach of the Development Agreement which could lead to substantial damage claims from American Tradition and to American Tradition by other parties.

III. Conclusion
For the foregoing reasons, we respectfully request that the City Council uphold the Planning Commission’s approvals and deny the appeal in its entirety. The Applicant has timely exercised its rights under Section 11 by timely filing the Application. The City is legally bound under the Development Agreement to process and honor that Application. Any contrary action would not only be inconsistent with the terms of the Development Agreement but could expose the City to avoidable contractual liability.

Very truly yours,
J. Robert Andrews of
Mullen & Henzell L.L.P.
cc: Allison DeBusk, Acting Community Development Director ([email protected]) Ellen Kokinda, Acting City Planner ([email protected]) Kathleen Kennedy, Project Planner ([email protected]) Kelly McAdoo, City Administrator ([email protected]) Megan Arciniega, Development Review Supervisor ([email protected]) Sarah Knecht, City Attorney ([email protected]) Tava Ostrenger, Assistant City Attorney ([email protected]) 4900-0942-1926 v.1.docx

Santa Barbara City CouncilSeptember 23, 2025

Santa Barbara City Council
September 23, 2025