5.3.7 Energy Shortage and Resiliency
Description of Hazard
Energy shortages (or disruptions) are considered a form of lifeline system failure. Disruptions can be the consequence of another hazard or can be a primary hazard, absent of an outside trigger.
A failure could involve one, or a combination of the potable water system, power system, natural gas system, wastewater system, communication system, or transportation system. Most power blackouts are not human-caused. They are the result of situations involving unintended events, such as an overwhelming need for power due to weather conditions, equipment failure, or accidents.
They may also fail due to natural hazards such as earthquakes, floods, and landslides. These outages can last anywhere from a few minutes to several weeks.
Santa Barbara County has two service providers. Pacific Gas and Electric (PG&E) provides electricity in the northern part of the county, with the termination of services north of the Gaviota area. Southern California Edison (SCE) provides power to the Southern parts of the county, with the
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Annex to the Santa Barbara County Multi-Jurisdictional Hazard Mitigation Plan termination of services in Gaviota. The two systems are not connected. Thus, if there is a major interruption of service in the Santa Barbara area, then all services could be denied in either direction. The City of Santa Barbara is served by SCE.
Due to recent massive wildfires throughout California and their ignition originating from utility infrastructure and high winds, the electric utilities have initiated a program to conduct Public Safety Power Shutdowns to prevent wildfire ignitions. The utilities are currently working with the County to minimize power delivery interruption while managing wildfire hazards.
Location and Extent of Hazard in the City of Santa Barbara The entire county, which includes the City of Santa Barbara, is subject to energy shortages. Electricity service is also highly vulnerable because it is highly dependent on electrical transmission lines and substations functioning properly.
History of Hazard in the City of Santa Barbara
Energy disruptions on a small scale have occurred regularly in Santa Barbara City; especially during strong wind and storm events. One of the largest events affecting electric and natural gas services in the City in recent years was the 2017 Thomas Fire, during which the transmission system running from Ventura County to the City of Goleta was shut down, leaving more than 85,000 customers without power for an extended period during the emergency (SCE 2017). Similar service disruptions, though not quite as extensive, occur in areas affected by wildfires and other disasters or emergencies. Small-scale energy disruptions have occurred regularly in the City.
Probability of Occurrence
In any given year, the City can be subject to energy shortages. A large disruption due to a power failure or rotating brown out is highly likely during strong storm events or during times of extreme heat.
Climate Change Considerations
With increased changes in weather and climate, the energy demands will shift too. The increased prevalence of extreme heat can drive energy demand and increase the need for intentional, unscheduled power shutoffs. Further, the resiliency of power systems can be threatened during a wildfire. As wildfire occurrences associated with climate change increase so does the risk for utility failure. Energy demand and management are critical during disaster response.
5.3.8 Dam Failure
Description of Hazard
Dams fail due to old age, poor design, structural damage, improper siting, landslides flowing into a reservoir, or terrorist actions. Structural damage is often a result of a flood, erosion, or earthquake. A catastrophic dam failure could inundate the area downstream. The force of the water is large enough to carry boulders, trees, automobiles, and even houses along a destructive path downstream. The potential for casualties, environmental damage, and economic loss is great.
Damage to electric generating facilities and transmission lines could impact life support systems in communities outside the immediate hazard area.
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Location and Extent of Hazard in the City of Santa Barbara There are two dams in the county (i.e., Gibraltar Dam and Lauro Dam), which, if resulted in dam failure, would impact the City. These dams range in purpose from water supply to flood control.
Gibraltar Dam is owned and operated by the City of Santa Barbara. Gibraltar Dam and reservoir are located on the Santa Ynez River in Santa Barbara County, about 9 miles north of the City and upstream from Lake Cachuma. The City owns and operates the dam and reservoir under a Notice of Appropriation posted on October 11, 1904. Stored water is diverted through Mission Tunnel to the Cater Water Treatment Plant. The dam is a constant radius, concrete arch dam constructed in 1920 with an original capacity of 14,500 acre-feet; it was raised to its current elevation in 1949 and strengthened in 1991. Gibraltar Reservoir is the source of about one-third of the City of Santa Barbara’s water supply. Loss of storage capacity due to siltation has been an issue since the dam was constructed. To monitor changes in capacity, and under the requirements of the Upper Santa Ynez River Operations Agreement, the City commissions a bathymetric survey of Gibraltar Reservoir at approximately three-year intervals.
Lauro Dam, which is owned and operated by the U.S. Bureau of Reclamation, is an earthen fill structure located on Diablo Creek at the northern edge of the City. The dam has a crest length of 540 feet and a height of 137 feet. The reservoir has a capacity of 640 acre-feet.
History of Hazard in the City of Santa Barbara
As described in Section 5.6.3 of the 2022 MJHMP, the county has experienced one incident of catastrophic dam failure, which occurred in the community of Mission Canyon. No historical dam failures have occurred within or in the vicinity of the City.
The DWR Division of Safety of Dams (DSOD) provides oversight of the design, construction, and maintenance of jurisdictional-sized and non-Federal dams. With DWR DSOD oversight, many potential dam issues have been addressed and/or resolved in the county (DWR DSOD 2021).
Additionally, the USBR, responsible for oversight of federal dams in the county, has improved systems to ensure that peak releases during heavy inflows do not result in excessive downstream flows, which reduces the possibility of inundation from overflows (Santa Barbara County Planning and Development Department 2015).
Probability of Occurrence
Dam failure events are infrequent and usually coincide with the events that cause them, such as earthquakes, landslides, excessive rainfall, and snowmelt. There is a “residual risk” associated with dams; residual risk is the risk that remains after safeguards have been implemented. For dams, the residual risk is associated with events beyond those that the facility was designed to withstand.
However, the probability of occurrence of any type of dam failure event is considered to be low in today’s regulatory and dam safety oversight environment.
Climate Change Considerations
The potential for climate change to affect the likelihood of dam failure is not fully understood at this point. There is potential for increased precipitation events as a result of climate change conditions to present a future increased risk of dam failure if large inflows to reservoirs occur.
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Annex to the Santa Barbara County Multi-Jurisdictional Hazard Mitigation Plan However, this could be offset by generally lower reservoir levels if storage water resources become more limited or stretched in the future due to climate change, drought, and/or population growth.
5.3.9 Landslide
Description of Hazard
Landslides can be defined as the movement of a mass of rock, debris, or earth down an incline.
Types of landslides include rock falls, rockslides, deep slope failures, shallow debris flows, and mudflows.
• Slope failure occurs when there is erosion of slopes by surface-water runoff. The intensity of slope wash is dependent on the discharge and velocity of surface runoff and the resistance of surface materials to erosion.
• Mudflows are defined as flows or rivers of liquid mud down a hillside on the surface of normally dry land. They occur when water saturates the ground, usually following long and heavy rainfalls. Mud forms and flows downslope if there is no ground cover such as brush or trees to hold the soil in place.
• Debris flow occurs when water begins to wash material from a slope or when water sheets off of a newly burned stretch of land. Chaparral land is especially susceptible todebris flows after a fire. The flow will pick up speed and debris as it descends the slope. As the system gradually picks up speed it takes on the characteristics of a basic river system, carrying everything in its path along with it.
The most common cause of a landslide is an increase in the downslope gravitational stress applied to slope materials, also known as over-steepening. Over-steepening can be caused by natural processes or by man-made activities. Undercutting of a valley wall by stream erosion or a sea cliff by wave erosion are ways in which over-steeping may occur naturally.
Location and Extent of Hazard in the City of Santa Barbara Landslides and landslide-prone sedimentary formations are present throughout the coastal plain of western Santa Barbara County. Figure 5-18 of the MJHMP shows the location of soil types throughout the county. Generally, areas with soft soils are more prone to movement. Landslides also occur in the granitic mountains of East Santa Barbara County, although they are less prevalent.
Many of these landslides are thought to have occurred under much wetter climatic conditions than at present. Recent landslides are those with fresh or sharp geomorphic expressions suggestive of active (ongoing) movement or movement within the past several decades. Reactivations of existing landslides can be triggered by disturbances such as heavy rainfall, seismic shaking, and/or grading.
Many recent landslides are thought to be reactivations of ancient landslides.
Section 5.3.7 of the MJHMP lists the areas in Santa Barbara County where there are geologic formations that can lead to fairly severe landslides as identified by the Santa Barbara County Comprehensive Plan Seismic Safety and Safety Element (Santa Barbara County Planning and Development Department 2015). Some areas of the City are prone to more frequent rain-induced landslides, resulting in disruption to transportation and damage to roadways.
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Figure 5-13 of the MJHMP shows the debris flow hazard areas along the South Coast as of 2018, after the Thomas Fire. As shown therein, only a small area of the northeastern portion of the City is susceptible to mudflow and debris flow hazards. However, this hazard area may shift after a debris flow or landslide or other hazards have affected an area, such as wildfire, flooding, or drought (Santa Barbara County Department of Planning and Development 2021).
History of Hazard in the City of Santa Barbara
As previously mentioned, Santa Barbara County is prone to landslides; however, many previous landslide occurrences within the county were smaller and are not well documented. The Riviera area of the City has two area of landsliding referred to as the “Conejo Road Landslide” and the “Canon View Road/Sycamore Canyon Landslide”. Movement of slopes in these areas were triggered in response to heavy rains in 1982-83 and again in 2005, destroying eight homes. Several large landslides have affected the coastal bluffs in the past, including the El Camino de la Luz landslide in 1978, which encompassed approximately three acres and destroyed two homes; and the bluff in Shoreline Park in 2008, which moved portions of the bluff edge landward 38 feet. Additionally, several historic storm and flood events in the county, particularly storms following intense wildfires, resulted in mudflows and debris flows. The most recent instance of debris flow affecting the City is the 2018 Montecito Debris Flows.
Following the 2017 Thomas Fire, which burned approximately 281,893 acres in Ventura and Santa Barbara Counties, a reported 0.59 inches of rain fell within 30 minutes in the burn scars from the Thomas Fire in the foothills of Montecito on Tuesday, January 9, 2018. Four inches of rain fell in two days, causing massive debris flows and flooding that damaged or destroyed 400 homes, killed 23 residents, and led to the closure of Highway 101 and the UPRR for more than 3 weeks, cutting off the county from communities to the south. California Geological Survey scientists estimated the Montecito debris flow as having speeds of 10-15 mph, being up to 25-30 feet deep, and capable of carrying boulders as large as a tow truck. (California Geological Survey 2019b).
Probability of Occurrence
Figure 5-6 below shows the locations of deep-seated landslide susceptibility in the county as mapped by the California Geological Survey. This map shows the relative likelihood of deep landslide based on the three site factors that most determine susceptibility: prior failure (from a landslide inventory), regional estimates of rock or soil strength, and steepness of slopes. On the most basic level, weak rocks and steep slopes are more likely to generate landslides. The map uses detailed information on the location of past landslides, the location and relative strength of rock units, and the steepness of the slope in a methodology developed by Wilson and Keefer (1985).
The result shows the distribution of one very important component of landslide hazard. It is intended to provide infrastructure owners, emergency planners, and the public with a general overview of where landslides are more likely. The map does not include information on landslide triggering events, such as rainstorms or earthquake shaking, nor does it address susceptibility to shallow landslides such as debris flows. Therefore, this map is not appropriate for the evaluation of landslide potential at any specific site (California Geological Survey 2019). The areas shaded in darker red in Figure 5-6 are considered to have a higher probability of landslide occurrence than the low landslide risk areas in the City.
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Annex to the Santa Barbara County Multi-Jurisdictional Hazard Mitigation Plan Figure 5-6. Landslide Susceptibility in Santa Barbara County
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Based on historical data and given the likelihood of wildfires and intense rainfall events, as well as steep slopes upstream of the City, mudflow and debris flow hazards are likely to occur following wildfire and subsequent rain events. Mudflows and debris flows are usually a cascading effect of severe weather. The probability for more severe and damaging landslides increases during El Niño years or severe winter storms. The potential for debris flows dramatically increases following a wildfire (see also Section 5.3.1, Wildfire).
Climate Change Consideration
A 2021 study by the USGS finds that Southern California is likely to see increased post-wildfire landslides and debris flows caused by climate change-induced shifts in the state’s wet and dry seasons. Wildfires make the landscape more susceptible to landslides when rainstorms pass through as the water liquefies unstable, dry soil and burned vegetation. Geologists routinely conduct landslide hazard assessments after wildfires occur, but there is often not enough time between a fire and a rainstorm to implement an effective emergency response plan (USGS 2021). Wildfire frequency, higher temperatures, and increased droughts projected to occur under climate change can reduce soil absorption capacity and kill vegetation that holds soil in place, making it unable to absorb as much water, further destabilizing slopes. The results also suggest more intense rainfall events could make landslides much more frequent. Slope failure is expected to become more frequent as more precipitation falls during fewer storm events (refer also to Section 5.3.3, Flood).
Also, the increased heavy precipitation events may cause instability in areas where landslides were not as likely before. Therefore, resulting landslides may be larger or more widespread.
5.3.10 Train Accident
Description of Hazard
Train accidents are defined as any accidents involving public or private trains carrying passengers or cargo along the rail corridor. Train accidents, like other transportation accidents, are less likely to lead to a state or federal disaster declaration, than other hazards previously and aforementioned.
Location and Extent of Hazard in the City of Santa Barbara The UPRR carries both freight and passengers through the coastal areas. The county is served by two Amtrak train routes for passenger-only services along the UPRR: the Pacific Surfliner and Coast Starlight (Santa Barbara 2021). The Pacific Surfliner runs adjacent to Highway 101 and the coastline with stops in San Diego, Orange, Los Angeles, and Ventura counties (Santa Barbara 2021). The Coast Starlight connections Seattle and Los Angeles travel south from Seattle with stops in Portland, the San Francisco Bay Area, Sacramento, Paso Robles, San Luis Obispo, and Santa Barbara.
In addition to passenger-only rail services, the Santa Barbara train station receives train movements from the shipment of commodities, such as hazardous materials, fuel (including oil), agriculture, meats, and non-consumables. Train accidents are generally localized and the incidents result in limited impacts at the community level. However, if there are volatile or flammable substances on the train and the train is in a highly populated, death, injuries, and damage to homes, infrastructure, and the environment, including forest fires, can occur. Additionally, a hazardous materials incident
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Annex to the Santa Barbara County Multi-Jurisdictional Hazard Mitigation Plan on the rails or roadway has the potential to shut down both rail and highway transportation routes, such as Highway 101, where the two are within proximity to one another.
History of Hazard in the City of Santa Barbara
No major train accidents have occurred in the City of Santa Barbara or Santa Barbara County.
However, in the last thirty years, numerous train accidents have occurred throughout the southern California region. For example, in 1991 the Seacliff Incident occurred in Ventura County when a train released 440 gallons of aqueous hydrazine (used to make agricultural, metal, and plastics processing chemicals) and naphthalene (industrial solvent) (Los Angeles Times 1991). The accident required the evacuation of the nearby Seacliff Community along with the shutting down of Highway 101 and took 5 days to clean up.
Probability of Occurrence
Given that no known train accidents have occurred in the City or county, the probability of occurrence is low. While neither of the train accidents described above occurred within the county, due to the scale and scope of train transportation for people and commodities, such events have the potential to occur.
Climate Change Consideration
There is no known linkage between climate change and train accidents; however, because of railroad track proximity along the Pacific Ocean, sea level rise could impact service. It is expected that conditions would be gradual and would not create unforeseen problems or complications.
5.3.11 Aircraft Crash
Description of Hazard
Airline crashes are defined as an accident of private, commercial, or military aircraft on land or oversea. Airline crashes, like other transportation accidents, are less likely to lead to a state or federal disaster declaration, than other hazards previously and aforementioned.
Location and Extent of Hazard in the City of Santa Barbara In addition to being within the flight pattern of many airports providing regional flights (i.e., Los Angeles International, San Francisco International, Oakland, San Jose International, Burbank Airport, John Wayne Airport, Long Beach Airport, Ontario International Airport), Santa Barbara has one general aviation airport
The Santa Barbara Airport (SBA) is located near Goleta, west of Santa Barbara. SBA encompasses 952 acres and services five major airlines with 12 non-stop destinations. SBA served nearly 786,0000 passengers in 2018 and is the 13th largest airport in California (Santa Barbara Airport 2021). SBA has approximately 32 daily non-stop flights including to Chicago, Dallas, Denver, Las Vegas, Los Angeles, Oakland, Phoenix, Portland, Sacramento, Salt Lake City, San Francisco, and Seattle.
History of Hazard in the City of Santa Barbara
Currently, in the City of Santa Barbara, there has not been a record of a large aircraft incident.
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Probability of Occurrence
Given that no known aircraft crashes have occurred in the county or the City, the probability of occurrence is low. However, with the number of general aviation operations, military flights, and its position between Los Angeles/San Diego and the Bay Area, there is a possibility of Santa Barbara County experiencing an airline crash.
Climate Change Consideration
There is no known linkage between climate change and airline crashes. Although bad weather does play a factor in some airline crashes, current aviation technology, and safety standards greatly reduce the risk of potential public and environmental safety concerns, including from weather.
5.3.12 Coastal Hazards
Description of Hazard
Erosion is a natural process that alters existing geomorphic features. Erosion can occur due to several factors, including winter storms, tidal action, wind‐generated high surf, wave action, and rising sea levels.
Coastal storms produce large ocean waves that sweep across low-lying coastlines making landfall.
Storm surges can inundate coastal areas, destroy dunes, and cause flooding. If a storm surge occurs at the same time as high tide, the water height will be even greater. Historically, the county has also been vulnerable to storm surge inundation associated with El Niño events and a related increase in storm severity.
Location and Extent of Hazard in the City of Santa Barbara The impacts from sea level rise and erosion in the City will be felt along its six-mile-long coastline.
Much of the westerly portion of the City’s coastal zone is situated on bluffs overlooking the beach.
Bluff areas in the City include the area from approximately Sea Ledge Lane at the west end of the City of Santa Barbara to approximately Santa Barbara Point, as well the far easterly portion of the City by the Bellosguardo Estate. Only a few small portions of the bluff area along the City’s shoreline are currently protected by shoreline protection devices. Shoreline protection devices, such as seawalls and rock revetments, are structures along the coast that can provide flood and erosion protection for properties but can result in accelerated erosion of sandy beach areas in front of (seaward) and adjacent to the devices. These bluffs are currently eroding with exposure to waves and as a result of upland erosion and geologic hazards such as landslides (City of Santa Barbara 2020).
The low-lying areas of the City include the City’s waterfront, lower downtown area, Airport, and Arroyo Burro County Beach Park. These low-lying areas have experienced coastal flooding due to storms surges and wave attacks, although the currently wide beaches fronting the City of Santa Barbara’s waterfront tend to reduce such hazards. In these sandy beaches and low-lying areas in the City, impacts from erosion, tidal inundation, and storm waves are generally limited to the area south of Cabrillo Boulevard (City of Santa Barbara 2020).
Stearns Wharf is exposed to wave damage during large storms and a 100-year coastal event is expected to require temporary closure and significant structural repairs. The harbor includes the
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Annex to the Santa Barbara County Multi-Jurisdictional Hazard Mitigation Plan marina, commercial uses, parking, industrial areas, and the City Pier (sometimes called the “harbor pier”), which supports the Coast Guard and houses a fuel dock. Under existing conditions, storm events and the highest high tides (e.g., “King Tides”) can dislocate pile caps at the floating docks, and waves can overtop the harbor breakwater and reduce public access (City of Santa Barbara 2020).
Sea level rise coupled with increased frequency, severity, and duration of high tide and storm events related to climate change will result in more frequent and severe extreme events along the coast.
These events could expose the coast to severe flooding and erosion, damage to coastal structures and real estate, and salinity intrusion into delta areas and coastal aquifers (Projecting Future Sea Level, A Report from the California Climate Change Center 2006).
History of Hazard in the City of Santa Barbara
Typically, coastal hazards increase during periods of major storms that can coincide with high tides, causing coastal flooding, coastal bluff erosion, and landslides such as those that were experienced during the 1983, 1998, and 2015/2016 El Niño storms. Segments of the South Coast, in particular, have been subject to significant damage from coastal hazards. Homes along the City’s coastline suffered substantial damage during the 1983 and 2015/2016 El Niño events. Subsequent El Niño seasons led to major beach erosion and further damage in some locations.
Historic coastal flooding has occurred along the county’s South Coast since the mid-1800s. Between 1862 and 2010, the county had 15 significant floods, 8 of which were deemed a Presidential Disaster Declaration (County of Santa Barbara 2011). Coastal flooding has historically damaged residences, crops, and transportation infrastructure and is highly costly (each costing millions of dollars) (County of Santa Barbara 2017).
Coastal erosion is a recurring and ongoing hazard in south county and is particularly severe along Padaro Lane, Channel Drive, Del Playa Drive, More Mesa, Goleta Beach, Hope Ranch, and Shoreline Park. Coastal erosion hazards have resulted in the adoption of required city and County blufftop setbacks because development in coastal communities generally require a minimum of 75 years of structural life. Many residences along Del Playa Drive in Isla Vista are threatened by coastal erosion and setbacks have eroded to the point many homes now sit on the cliff edge.
Probability of Occurrence
Coastal flooding from tidal inundation and wave attack and associated erosion of coastal bluffs and beaches occurs during many winters but is most pronounced during past major El Niño events, which have return intervals of 2 to 7 years. Although many private coastal properties and public facilities have been protected by rock revetments or seawalls in the County, coastal flooding, and beach and bluff erosion continue in areas such as the City. While the existing probability of occurrence is typically confined to El Niño seasons or major storm events, as discussed below, climate change and sea level rise are projected to increase in frequency and severity of occurrence.
Climate Change Considerations
The County’s 2017 Coastal Resiliency Project projects sea level in the county will rise by 10.2 inches in 2030, 27.2 inches by 2060, and 60.2 inches in 2100 (County of Santa Barbara 2017). The
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County modeled coastal hazards for coastal armoring and no coastal armoring. Particularly susceptible areas of the county to sea level rise related impacts include Isla Vista, Goleta Beach County Park, and the Santa Barbara Airport, coastal bluff homes in Summerland, Toro Canyon and Padaro Lane, segments of the UPRR and Highway 101 from the City of Carpinteria to the Gaviota Coast, including the City of Santa Barbara (County of Santa Barbara 2017).
Additionally, more specific coastal hazard modeling was performed for the City by Environmental Science Associates as part of the city’s 2021 Sea Level Rise Adaptation and Vulnerability Plan. This plan similarly concluded that the most susceptible areas of the City include Downtown Santa Barbara, East Beach, and Leadbetter Beach (City of Santa Barbara 2021). See Section 6.7, Coastal Hazards for more information about the Sea Level Rise Adaptation Plan’s assessment of vulnerabilities in the City from coastal hazards.
Based on these studies, sea levels are projected to rise by as much as 6.6 feet by 2100, though more extreme scenarios project sea levels rising as much as 7.1 feet by 2100; however, these extreme scenarios are based on worst-case GHG emissions assumptions, are highly conservative, and considered to be very unlikely of occurring (refer to Table 5-11 of the MJHMP). While sea level rise projections will continue to change as scientific understanding increases and policy choices manifest, what is clear for the most current projections is that sea levels are bound to increase at a significant rate, further increasing both the probability and severity of coastal hazards throughout all of Santa Barbara County (Ocean Protection Council 2018).
5.3.13 Extreme Heat
Description of Hazard
Extreme heat is defined by FEMA as temperatures that hover 10 degrees Fahrenheit (°F) or more above the regional average high temperature or over 100 °F in California and last for at least three days or even as long as several weeks (FEMA 2021). Extreme heat is a function of heat and relative humidity. A heat index describes how hot the heat‐humidity combination makes the air feel.
As relative humidity increases, the air seems warmer than it is because the body is less capable of cooling itself or regulating heat via evaporation of perspiration. As the heat index rises, so do health risks such as heat exhaustion, sunstroke, and heatstroke.
While the effects of extreme heat on human health can be severe, so too can its effects be on natural ecosystems, services, infrastructure, and various economic sectors (e.g., agricultural sector).
During periods of extreme heat, transportation, gas, power, and other services may be disrupted, and critical infrastructure may be destroyed or damaged (FEMA 2021). The National Institute for Occupational Safety and Health (NIOSH), alongside OSHA, provides a Heat Safety Tool App that offers occupational safety and health recommendations based on the heat index (OSHA 2021).
Each extreme heat day or heat wave can present additional risk of other hazards present within the County but is primarily a direct contributor to wildfire hazards and risks (refer to Section 5.3.1, Wildfire). As heat increases, the need for additional cooling systems to avoid mechanical failure increases as well. This can increase costs to consumers and may contribute to climate change if fossil fuels are used to generate the electricity needed to operate cooling systems.
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Annex to the Santa Barbara County Multi-Jurisdictional Hazard Mitigation Plan Location and Extent of Hazard in the City of Santa Barbara All of Santa Barbara County can experience extreme heat. Coastal communities such as the City on average have lower temperatures compared to communities in the inland areas of the county and could be less at risk to extreme temperatures although potentially less acclimatized to high temperatures if they occur.
History of Hazard in the City of Santa Barbara
Santa Barbara County and the City have experienced several extreme heat events in the past; however, they are not well documented. One documented event reported as “simoon”, occurred on June 17, 1859, where a record temperature of 133 °F was taken during an extreme heat and wind event that struck Santa Barbara in the early afternoon (Noozhawk 2020). More recently, according to the NOAA Storm Events Database, a combination of high pressure and high humidity caused temperatures to spike to between 100 °F and 119 °F on July 22, 2006, throughout southern California, including the county (NOAA 2021). In 2020, heatwaves in the Santa Ynez Valley with temperatures reaching 118 °F caused early grape harvests at wineries (Jervis 2020).
Probability of Occurrence
In any given year, the City can be subject to extreme heat conditions.
Climate Change Considerations
Historically, Santa Barbara County has experienced an average of four extreme heat days a year, however, this is expected to increase to 12 extreme heat events per year by 2030, 19 extreme heat events per year by 2060, and 34 extreme heat events per year by 2100 (Santa Barbara County Planning and Development Department 2021). Due to the rising temperatures, heat waves are likely to become more frequent, which will have direct impacts on human health in terms of heat-related illness. Outdoor laborers will be most vulnerable to the rising temperatures and most at risk for heat-related illnesses. Residents will also be vulnerable to rising temperatures, as many of the homes on the coast do not have air conditioning units, as there was less of a need in the past, and therefore may be less prepared compared to the inland region of the county to adapt to extreme heat events.
Cascading impacts include increased stress on water quantity and quality, degraded air quality, and increased potential for more severe or catastrophic natural events such as heavy rain, droughts, and wildfire. Another cascading impact includes increased duration and intensity of wildfires with warmer temperatures.
Extreme heat has also been shown to accelerate wear and tear on the natural gas system and electrical infrastructure. Projected increases in summer demand associated with rising temperatures may increase risks to energy infrastructure and may exceed the capacity of existing substations and distribution line infrastructure and systems.
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5.3.14 Hazardous Materials Release
Description of Hazard
Hazardous Waste/Materials are widely used or created at facilities such as hospitals, wastewater treatments plants, universities, and industrial/manufacturing warehouses. Several household products such as cleaning supplies and paint are also considered hazardous materials. Hazardous materials include:
• Explosives;
• Flammable, non-flammable, and poisonous gases;
• Flammable liquids;
• Flammable, spontaneously combustible, and dangerous when wet solids; • Oxidizers and organic peroxides;
• Poisons and infectious substances;
• Radioactive materials; and
• Corrosive materials.
Both mobile and external hazardous materials releases can spread and affect a wide area, through the release of plumes of chemical, biological, or radiological elements or leaks or spills. Conversely, internal releases are more likely to be confined to the structure the material is stored in.
Chemicals may be corrosive or otherwise damaging over time. A hazardous materials release could also result in fire or explosion. Contamination may be carried out of the immediate area of the incident by people, vehicles, wind, and water. Weather conditions can increase the size and intensity of the Hazardous Materials Release. Typography, such as hills and canyons, can increase the size of the release or make it more difficult to contain.
Location and Extent of Hazard in the City of Santa Barbara The locations and identity of facilities that store hazardous materials are reported to local and federal governments. Many facilities have their own hazardous materials guides and response plans, including transportation companies that transport hazardous materials.
The release of hazardous materials into the environment can cause a multitude of problems.
Although these incidents can happen almost anywhere, certain areas of the City are at higher risk, such as near roadways that are frequently used to transport hazardous materials and locations with industrial facilities that use, store, and/or dispose of such materials. Areas crossed by railways, waterways, airways, and pipelines also have increased potential for mishaps.
History of Hazard in the City of Santa Barbara
Several significant hazardous material incidents have occurred in the County in the past century, and include the oil spills which occurred in 1969, 1997, 2007, 2008, 2015, and 2020 (see Section
5.3.15, Oil Spill for a detailed discussion of these incidents and risks associated with oil spill-related hazards). Approximately 550 hazardous materials incidents in the City were reported to the Cal OES Warning Center from 2006 through 2021, which is the largest number of incidents by far when compared to any other city within the county. These incidents include both transportation and
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Annex to the Santa Barbara County Multi-Jurisdictional Hazard Mitigation Plan fixed-facility incidents. This list does not capture all hazardous material spills within the City, only those that were significant enough to be reported to Cal OES (refer to Table 5-18 of the MJHMP for a summary of hazardous materials incidents reported to Cal OES in Santa Barbara County by location and type). The data indicates that hazardous materials incidents can occur across the county with a greater frequency in the more developed areas.
Probability of Occurrence
Given that 550 significant hazardous materials incidents occurred within the City over 15 years (i.e., between 2006 and 2021), these incidents occur approximately 37 times per year or twice per month. Incidences can occur during the production, storage, transportation, use, or disposal of hazardous materials. Communities can be at risk if a chemical is used unsafely or released in harmful amounts into the environment. Hazardous materials can cause death, serious injury, long-lasting health effects, and damage to buildings, the environment, homes, and other property.
Climate Change Consideration
There are no known effects of climate change on human-caused hazards including hazardous material and waste incidents. However, the weather may play a factor in hazardous material releases. While there is little evidence to link climate change increase occurrences of hazardous material releases, it could impact the response and recovery efforts.
5.3.15 Oil Spill
Description of Hazard
An oil spill is a release of liquid petroleum hydrocarbon into the environment due to human activity or technological error that results in pollution of land, water, and air. Oil releases also occur naturally through oil seeps either on land or underwater. Marine oil spills, whether accidental or intentional, can result from the release of crude oil from offshore oil platforms, drilling rigs, wells, pipelines, tank trucks, and marine tank vessels (tankers). Refined petroleum products such as gasoline, diesel, and heavier fuels such as bunker fuel used by cargo ships are also sources of potential oil spill releases. Depending on the origin, size, and duration of the release, an oil spill can have serious impacts on air and water quality, public health, plant and animal habitat, and biological resources.
Clean up and recovery is time and cost consuming, and dependent on weather conditions such as wind and rain. Tidal and Current conditions may also make the spill more dynamic.
Location and Extent of Hazard in the City of Santa Barbara This hazard can occur in any part of Santa Barbara County where existing oil and gas operations are located, either onshore through supply pipelines and well facilities or offshore where there are several platforms and undersea pipelines. Currently, there are 19 offshore oil platforms off the coast of Santa Barbara County as well as two onshore refineries and six oil separation and treatment plants (refer to Figure 5-32 of the MJHMP; County Department of Planning and Development 2017).
6.0. Vulnerability Assessment
66 February 2023
History of Hazard in the City of Santa Barbara
The City has experienced several large oil spills. In 1969, an estimated total of 100,000 barrels (4.2 million gallons) of crude oil was spilled from Platform A of a Union Oil drilling rig platform into the ocean and onto nearby shores over several months. In 2015, a 24-inch subterranean pipeline owned and operated by Plains All America Pipeline ruptured on the Gaviota Coast, west of Refugio State Park. Much of the crude oil spilled ran down a storm drain and into a ravine under the freeway and entered the ocean. The size of the spill ranged from 100,000 to 140,000 gallons, covering the Santa Barbara County coastline and extending nearly 9 miles out into the ocean. Refer to Section 5.6.7 of the MJHMP for a detailed description of these incidents and other oil spills in the county.
Probability of Occurrence
In any given year, Santa Barbara City could be subject to oil spills onshore or offshore.
Climate Change Considerations
With increased changes in weather, climate, and economics, the demands for oil and gas production may shift. This shift in demand could increase production, distribution, and transportation of oil products; thus, increasing the potential oil spill occurrences.
6.0 VULNERABILITY ASSESSMENT
The vulnerability assessment builds on the hazard assessment provided in Section 5.0 of the LHMP and Chapter 5.0 of the 2022 MJHMP to estimate losses where data is available and consider a specific list of critical facilities identified within the City of Santa Barbara. The City identified 233 critical facilities to be included in the Vulnerability Assessment portion of the LHMP. These facilities primarily included utilities, government, and educational structures as well as bridges. Of the available data, it was shown that these buildings are worth approximately $117,303,136 in total building value (i.e., structural and content value) (Table 6-1). No values were able to be obtained for many major facilities, so the actual value may be much more than this amount.
Table 6-1. Critical Facilities in the City of Santa Barbara Type Name Address Total Building
Value
Communications Vic Trace Ac -
Paging Tower Dial Page, Inc 923 Laguna Street -
Paging Tower Dial Page, Inc 320 West Pueblo Street -
Community
Center
Recreation 1232 De La Vina Street -
Community
Center
Recreation 100 E. Carrillo Street -
Community
Center
Lower Westside Community Center 629 Coronel Place -
Community
Center
Franklin Community Center 1136 E. Montecito Street -
Hydrology Field Hydrology Field Installations 735 Anacapa Street $463,890
6.0. Vulnerability Assessment
City of Santa Barbara Local Hazard Mitigation Plan 67
Annex to the Santa Barbara County Multi-Jurisdictional Hazard Mitigation Plan Type Name Address Total Building
Value
Reservoir Escondido Pump Station and
Reservoir
2300 Skyline Way -
Reservoir La Cornilla Pump Station and Vic
Trace Reservoir
1631 La Coronilla Drive -
Utilities Sheffield Pump Station 2375 Foothill Road -
Utilities Skofield Pump Station 2117 Mount Calvary -
Utilities Laguna Pump Station 236 E. Cabrillo Blvd -
Water District Goleta West Water District J Road -
Water
Treatment Plant
Cater Water Treatment Plant 1150 San Roque Road -
Water
Treatment Plant
Ortega Well Treatment Plant 220 E. Ortega Street -
Water
Treatment Plant
Ortega Well Treatment Plant 631 Garden St -
Water
Treatment Plant
Sheffield Treatment Plant 530 Mountain Drive -
Water
Treatment Plant
Charles E. Meyer Main
Desalination Plant
525 E. Yananoli St. -
Water
Treatment Plant
SCADA / MCC Building 525 E. Yananoli St. -
Water
Treatment Plant
El Estero Water Resources Center 520 E. Yananoli St. -
Clinic McDonald Building Human
Resources
1226 Anacapa Street $1,036,791
Clinic Sansum Clinic-Pesetas 215 Pesetas Ln -
Clinic Santa Barbara Community Dialysis
Center
222 Pesetas Lane -
Clinic Valle Verde Health Facility- SNF 900 Calle De Los Amigos - Clinic La Cumbre Senior Living Concepts 3880 Via Lucero - Clinic Vista Del Monte Sunridge SNF 3775 Modoc Road -
Clinic Sansum Clinic-Hitchcock 51 Hitchcock -
Clinic Samarkand- Smith Center- SNF 2566 Treasure Drive - Clinic Mission Terrace Convalescent
Hospital
623 West Junipero Street -
Clinic Sansum Clinic- Ob/ Gyn 515 W. Pueblo St -
Clinic Cottage Rehabilitation Hospital 2415 De La Vina Street - Clinic Sansum Clinic- Pueblo 317 Pueblo St -
Clinic Santa Barbara Cottage Hospital Bath At Pueblo -
Clinic Santa Barbara Convalescent
Hospital
2225 De La Vina Street -
Clinic Santa Barbara Neighborhood
Clinic- Westside
628 W. Micheltorena Street -
Clinic Santa Barbara Artificial Kidney
Center
1704 State Street, #2 -
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68 February 2023
Type Name Address Total Building
Value
Clinic Santa Barbara Neighborhood
Clinic- Eastside
915 N Milpas St -
Clinic PhD Franklin Clinic 1136 Montecito St -
Clinic PhD Children’s Medical Services 1111 Chapala Street $375,583 EMS Station American Medical Response
Station 3
415 West Figueroa Street -
EMS Station American Medical Response
Station 4
1025 Castillo Street -
Nursing Home Cliff View Terrace 1020 Cliff Drive -
Nursing Home Alto Lucero Transitional Care 3880 Via Lucero - Nursing Home The Californian 2225 De La Vina St -
Nursing Home Alexander Court 325 W Islay St -
Nursing Home Samarkand Skilled Nursing Facility 2566 Treasure Dr - Nursing Home Samarkand of Santa Barbara 2550 Treasure Drive - Nursing Home Wood Glen Hall, Inc. 3010 Foothill Road -
Nursing Home Mission Villa 321 West Mission Street -
Nursing Home Vista Del Monte 3775 Modoc Road -
Nursing Home Valle Verde Health Facility 900 Calle De Los Amigos - Nursing Home Alexander Gardens 2120 Santa Barbara Street - Nursing Home Mission Terrace Convalescent
Hospital
623 W Junipero St -
Nursing Home Oak Cottage of Santa Barbara
Memory Care
1820 Delavina Street -
Nursing Home Garden Court at Villa Santa
Barbara
227 E. Anapamu Street -
Nursing Home Villa Alamar 45 East Alamar -
Nursing Home Villa Riviera 1621 Grand Avenue -
Nursing Home Mountain House 37 Mountain Drive -
Nursing Home At Home in Santa Barbara 1801 Bath Street - Veteran Services Sb Veterans Memorial Bldg. 112 W. Cabrillo Blvd. $2,034,893 Airport Patrol Santa Barbara Airport Patrol 601 Firestone Road - Colleges /
Universities
Fielding Graduate University 2020 De La Vina St -
Colleges /
Universities
The Santa Barbara and Ventura
Colleges of Law At Santa Barbara
20 E Victoria St -
Colleges /
Universities
Antioch University-Santa Barbara 602 Anacapa Street -
Colleges /
Universities
Santa Barbara City College 721 Cliff Drive -
Court County Courthouse 1100 Anacapa Street $40,553,793 Court Sb Superior Court Building 118 E. Figueroa Street $9,343,534 Court County Courthouse Annex 1100 Anacapa St $6,023,849 Court Court Services Bldg. 118 E. Figueroa Street $357,608
6.0. Vulnerability Assessment
City of Santa Barbara Local Hazard Mitigation Plan 69
Annex to the Santa Barbara County Multi-Jurisdictional Hazard Mitigation Plan Type Name Address Total Building
Value
Education Saint Vincent Orphanage and
School Building
925 De La Vina Street -
Education Santa Barbara Unified Early
Childhood
1030 E. Yanonali St. -
Education Adelante Charter 1102 E. Yanonali St. -
Education Franklin Elementary 1111 E. Mason St. -
Education Harding University Partnership 1625 Robbins St. - Education Monte Vista Elementary 730 N. Hope Ave. -
Education Alta Vista Alternative High 215 E. Ortega St. - Education McKinley Elementary 350 Loma Alta Dr. -
Education Roosevelt Elementary 1990 Laguna St. -
Education Open Alternative 4025 Foothill Rd. -
Education Monroe Elementary 431 Flora Vista Dr. -
Education Alta Vista Alternative Junior High 215 E. Ortega St. - Education La Cumbre Junior High 2255 Modoc Rd. -
Education Santa Barbara Community
Academy
850 Portesuello Ave. -
Education Adams Elementary 2701 Las Positas Rd. -
Education Santa Barbara Junior High 721 E. Cota St. -
Education Santa Barbara Senior High 700 E. Anapamu St. - Education La Cuesta Continuation High 710 Santa Barbara St. - Education Washington Elementary 290 Lighthouse Rd. -
Education Hope Elementary 3970-A La Colina Rd. -
Education La Colina Junior High 4025 Foothill Rd. -
Education Cleveland Elementary 123 Alameda Padre Serra - Education Peabody Charter 3018 Calle Noguera -
Education Providence-SBCS 3723 Modoc Rd -
Education El Montecito School San Roque 3225 Calle Pinon - Education Notre Dame School 33 E Micheltorena St -
Education Bishop Garcia Diego High School 4000 La Colina Rd - Education Sunrise Montessori School 1201 E Yanonali St - Education Providence 630 E Canon Perdido St -
Education Santa Barbara Middle School 1321 Alameda Padre Serra - Education The Knox School of Santa Barbara 1525 Santa Barbara St - Education Eureka School of Santa Barbara 3324 State St Ste M - Education St Therese Classical Academy 33 E Micheltorena St - Fire Station Fire Station 4 19 N. Ontare Road -
Fire Station Fire Station 5 2505 Modoc Road -
Fire Station Fire Station 6 1802 Cliff Drive -
Fire Station Fire Station 1 121 W. Carrillo St -
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70 February 2023
Type Name Address Total Building
Value
Fire Station Fire Station 3 415 E. Sola Street -
Fire Station Fire Station 7 605 Mission Ridge Road -
Fire Station Fire Training 30 S. Olive Street (2 S. Cesar Chavez) - Fire Station Fire Station 2 819 Cacique -
Fire Station Airport Fire Station 8 40 Hartley Place -
Government Administration Building 105 E. Anapamu Street $27,266,352 Government Engineering Building 123 E. Anapamu Street $11,145,938 Government Sbch East Wing 1105 Santa Barbara Street $7,308,080 Government Probation Building 117 E. Carrillo Street $4,216,037 Government Hall Of Records 1100 Anacapa Street $4,179,732 Government Schwartz Building 130 E Victoria St $2,652,501 Government City Hall 735 Anacapa Street -
Government Public Works 220 E. Ortega Street -
Government Public Works 630 Garden Street -
Government Community Development 630 Garden Street -
Government Public Works 630 Garden Street -
Government Public Works Yard 635 Laguna Street -
Government Admin Well Corp. at Parks
Department
402 East Ortega Street -
Government Parks And Recreation 620 Laguna St. -
Government ADMHS Offices 2034 De La Vina Street $145,154 Government Sb Child Support Office 4 East Carrillo Street $199,401 Harbor Patrol Santa Barbara Waterfront
Harbor Patrol
132 Harbor Way A, Po Box 1990 -
Historic Site Virginia Hotel 17 And 23 West Haley Street - Historic Site Mission Santa Barbara 2201 Laguna Street - Historic Site Janssens-Orella-Birk-Building 1029 - 1031 State Street - Historic Site Hill-Carrillo Adobe 11 East Carrillo Street - Historic Site Old Lobero Theatre 33 E. Canon Perdido -
Historic Site Casa De La Guerra 808-818 State Street, 813 - 819 Anacapa Street, 9 - 25 E. De La Guerra
Street
-
Historic Site Santa Barbara Presidio 123 East Canon Perdido Street - Historic Site Hastings Adobe 414 W. Montecito Street -
Historic Site Covarrubias Adobe 715 Santa Barbara Street - Historic Site Rafael Gonzalez House 835 Laguna Street - Historic Site Faith Mission 409 State Street -
Historic Site Los Banos Del Mar 401 Shoreline Drive -
Historic Site Andalucía Building 316 - 324 State Street - Historic Site Burton Mound 129 W. Mason At Burton Circle - Police Police Department 215 E. Figueroa St. -
6.0. Vulnerability Assessment
City of Santa Barbara Local Hazard Mitigation Plan 71
Annex to the Santa Barbara County Multi-Jurisdictional Hazard Mitigation Plan Type Name Address Total Building
Value
Post Office US Post Office Main 836 Anacapa Street -
Airport Santa Barbara Airport 500 James Fowler Road -
Bridge Bridge 'Olive Mill Road' / 'U.S. Highway 101' -
Bridge Bridge 'State Route 192' / 'Mission Creek' -
Bridge Bridge HWY 101 Sb' / 'Castillo Street' -
Bridge Bridge HWY 101 Sb' / 'Carrillo Street' -
Bridge Bridge HWY 101 Sb' / 'Mission Street' -
Bridge Bridge HWY 101 Nb' / 'Mission Street' -
Bridge Bridge 'State Route 225' / UPRR -
Bridge Bridge HWY 101 Sb' / 'Garden Street' -
Bridge Bridge HWY 101 Nb' / 'Garden Street' -
Bridge Bridge HWY 101 Sb' / 'State Street' -
Bridge Bridge HWY 101 Nb' / 'State Street' -
Bridge Bridge HWY 101' / 'Sycamore Creek' -
Bridge Bridge HWY 101' / 'Cacique Street' -
Bridge Bridge 'Mission Canyon Rd' / 'Mission Creek' -
Bridge Bridge 'Las Canoas Rd' / 'Rattlesnake Canyon' -
Bridge Bridge 'Ontare Road' / 'San Roque Creek' -
Bridge Bridge 'Hollister Ave' / 'Carneros Creek' -
Bridge Bridge 'Gutierrez St' / 'Mission Creek' -
Bridge Bridge 'State St' / 'Mission Creek' -
Bridge Bridge 'Castillo Street' / 'Mission Creek' -
Bridge Bridge 'Carrillo St' / 'Mission Creek' -
Bridge Bridge 'State Street' / 'San Roque Creek' -
Bridge Bridge 'Pueblo St' / 'Mission Creek' -
Bridge Bridge 'Montecito St' / 'Mission Creek' -
Bridge Bridge 'James Fowler Road' / 'San Pedro Creek' - Bridge Bridge 'Quinientos St' / 'Sycamore Creek' -
Bridge Bridge 'Torino Drive' / 'Arroyo Burro Creek' -
Bridge Bridge 'Por Lamar Dr' / 'Sycamore Creek' -
Bridge Bridge 'Ninos Dr' / 'Sycamore Creek' -
Bridge Bridge 'Zoological Garden' / 'Sycamore Creek' -
Bridge Bridge 'Carpinteria St' / 'Sycamore Creek' -
Bridge Bridge 'De La Guerra St' / 'Mission Creek' -
Bridge Bridge 'Firestone' / 'Carneros Creek' -
Bridge Bridge 'Pedregosa Street' / 'Mission Creek' -
Bridge Bridge 'Calle De Los Amigo' / 'Arroyo Burro
Creek'
-
Bridge Bridge 'Fairview Ave' / 'Up Rr & Amtrak' -
Bridge Bridge 'East Cabrillo Blvd' / 'Laguna Channel' -
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72 February 2023
Type Name Address Total Building
Value
Bridge Bridge 'E Mason Street' / 'Sycamore Canyon
Creek'
-
Bridge Bridge 'De La Vina St' / 'Mission Creek' -
Bridge Bridge 'Ortega Street' / 'Mission Creek' -
Bridge Bridge 'Primavera Road' / 'Cieneguitas Creek' -
Bridge Bridge 'Hope Avenue' / 'Arroyo Burro Creek' -
Bridge Bridge HWY 101 Sb' / 'Cabrillo Blvd' -
Bridge Bridge HWY 101 Nb' / 'Cabrillo Blvd' -
Bridge Bridge 'State Route 192' / 'San Roque Canyon' -
Bridge Bridge 'State Route 192' / 'Sycamore Canyon
Creek'
-
Bridge Bridge 'State St (Wb)' / 'Us Highway 101' -
Bridge Bridge 'State St (Eb)' / 'Us Highway 101' -
Bridge Bridge 'State Route 225' / HWY 101' -
Bridge Bridge HWY 101 Nb' / 'Carrillo Street' -
Bridge Bridge HWY 101 Nb Rt Lane' / 'Mission Creek' -
Bridge Bridge HWY 101' / 'Quarantina Street' -
Bridge Bridge HWY 101' / 'Salsipuedes Street' -
Bridge Bridge HWY 101 Sb' / 'Mission Creek' -
Bridge Bridge HWY 101 Nb' / 'Mission Creek' -
Bridge Bridge HWY 101 Sb' / 'Mission Creek' -
Bridge Bridge HWY 101 Nb' / 'Mission Creek' -
Bridge Bridge HWY 101' / 'Chapala St Equalizer' -
Bridge Bridge 'La Cumbre Road' / HWY 101' -
Bridge Bridge 'Micheltorena St' / HWY UPRR Mission' -
Bridge Bridge HWY 101' / 'Milpas Street' -
Bridge Bridge HWY 101' / 'Cacique Street' -
Bridge Bridge 'Cliff Drive' / 'Arroyo Burro Creek' -
Bridge Bridge 'Hollister Avenue' / 'San Pedro Creek' -
Bridge Bridge 'Mission St' / 'Mission Creek' -
Bridge Bridge 'Alamar Ave' / 'Mission Creek' -
Bridge Bridge 'State Street' / 'Mission Creek' -
Bridge Bridge 'Valerio St' / 'Mission Creek' -
Bridge Bridge 'Junipero Street' / 'Mission Creek' -
Bridge Bridge 'Tallant Road' / 'Mission Creek' -
Bridge Bridge 'Yanonali Street' / 'Laguna Drainage
Channel'
-
Bridge Bridge 'East Cabrillo Blvd' / 'Sycamore Creek' - Bridge Bridge 'Chapala Street' / 'Mission Creek' -
Bridge Bridge 'Punta Gorda Road' / 'Punta Gorda
Creek'
-
6.0. Vulnerability Assessment
City of Santa Barbara Local Hazard Mitigation Plan 73
Annex to the Santa Barbara County Multi-Jurisdictional Hazard Mitigation Plan Type Name Address Total Building
Value
Bridge Bridge 'Cliff Drive' / 'Hillside' -
Bridge Bridge 'Anapamu Street' / 'Old Mission Creek' -
Bridge Bridge HWY 101 Nb' / 'Castillo Street' -
Bridge Bridge 'State Route 154' / 'La Colina Rd' -
Bridge Bridge 'State Route 154' / 'Primavera Rd' -
Bridge Bridge 'Hollister Avenue' / 'Tecolotito Creek' - Bridge Bridge 'Arrellaga Street' / 'Mission Creek' -
Bridge Bridge 'De La Vina St' / 'Mission Creek' -
Bridge Bridge 'Islay St' / 'Mission Creek' -
Bridge Bridge 'Bath St' / 'Mission Creek' -
Bridge Bridge 'Matthews Street' / 'San Pedro Creek' -
Government Buses/Vehicles -
Train Depot Southern Pacific Train Depot 209 State Street - Using a GIS and the mapped extents of the hazards affecting the City, it was determined which critical facilities are exposed to which hazards depending on whether they fall within the mapped hazard area. The results of the exposure analysis are included in this section. A further description of the threats and methodologies used in this analysis is provided in Chapter 6.0, Vulnerability Assessment of the 2022 MJHMP. As the City continues to assess its vulnerability, the collection of better and more complete data will help to improve the risk assessment process to direct planning and mitigation decisions.
Table 6-2. Summary of Potential Impacts on Critical Facilities Hazard Type Specific Risk Count
% of Critical
Facilities
Impacted
Exposure ($)
Wildfire
Moderate Wildfire Threat 6 3% -
Very High Wildfire Threat 1 0.5% -
Earthquake
High Liquefaction Potential 75 32% $2,034,893
Moderate Liquefaction Potential 61 26% -
Flood
1% Chance FEMA Flood Zone 73 31% $2,034,893
0.2% Chance FEMA Flood Zone 6 3% -
Tsunami 23 10% $2,034,893
Dam Failure Lauro and Glen Annie Dam Failure 21 9% -
Landslide Class 7 and 9 40 17% -
Coastal
Hazards
Sea Level Rise (2030) 14 6% -
Sea Level Rise (2060) 19 8% -
6.0. Vulnerability Assessment
74 February 2023
6.1 WILDFIRE
The City and surrounding landscape exhibit a complex wildfire environment that presents a significant wildfire risk due to steep and varied terrain, a mosaic of different vegetation types, and a Wildland-Urban Interface (WUI) development pattern. The southern side of the Santa Ynez Mountains, including portions of the City, has a significant history of devastating wildland fires, including 2 of the state’s 20 most destructive wildfires—the 1990 Paint Fire and the 2017 Thomas Fire. The Santa Barbara Fire Department recognizes the catastrophic impact of wildfire in the community and is committed to reducing hazards and risk through fire protection, fuel hazard reduction, public education, preparedness, and community involvement.
Santa Barbara County has extensive areas within mapped Fire Hazard Severity Zones and Wildland-Urban Interface (WUI) areas. These hazard areas generate vulnerability for life and structures, including critical facilities, throughout the county, but most severely within rural foothills areas where dry vegetation, steep slopes, and difficult access combine to create a high probability of wildfire. The City is surrounded by wildland vegetation and the western and southern slopes of the Santa Ynez Mountains. The City contains WUI area and has therefore been designated as a WUI community at risk. Based on these maps, the City has 321 acres (2.55 percent) within Very High Wildfire Threat areas, 746 acres (5.91 percent) within High Wildfire Threat areas, 942 acres (7.47 percent) within Moderate Wildfire Threat areas, and 94 acres (0.74 percent) within Low Wildfire Threat areas. Most of these areas are residential with limited vulnerabilities in commercial, agricultural, and industrial areas.
Based on the GIS analysis conducted for the 2022 MJHMP, in Santa Barbara, 561 improved properties with a total value of over $687 million are vulnerable to wildfire. In Santa Barbara, approximately 1,333 residents live in very high, high, moderate, or low wildfire threat areas. This information is summarized in Table 6-3 below (see also, Section 6.3.1, Wildfire of the 2022 MJHMP). Figure 6-1 shows the fire threat in the City. Fire threat is a combination of two factors: 1) fire frequency or the likelihood of a given area burning, and 2) potential fire behavior. These two factors are combined to create four threat classes ranging from Moderate to Extreme. While the probability for the City is likely lower due to the urban environment and the Pacific Ocean to the south, the threat remains Moderate. However, northern portions of the City are adjacent to High and Very High threat areas.
Table 6-3. City of Santa Barbara at Risk to Wildfire Threat Property Type Improved Parcel Count by Wildfire Threat Level Total Value Population Extreme Very High High Moderate Low Total
Agricultural 0 1 0 0 0 1 $90,528
Commercial 0 0 1 6 0 7 $48,704,948
Exempt 0 0 1 3 0 4 $4,194,834
Industrial 0 0 0 1 0 1 $69,301,580
Mixed Use 0 0 0 0 0 0 $0 0
Residential 0 60 198 253 33 544 $562,254,207 1,333
Improved Vacant 0 0 3 1 0 4 $2,935,184
Total 0 61 203 264 33 561 $687,481,281 1,333
6.0. Vulnerability Assessment
City of Santa Barbara Local Hazard Mitigation Plan 75
Annex to the Santa Barbara County Multi-Jurisdictional Hazard Mitigation Plan Figure 6-1. City of Santa Barbara Critical Facilities within Wildfire Threat Zones
6.0. Vulnerability Assessment
76 February 2023
Seven of the City’s critical facilities fall within Very High or Moderate wildfire threat areas, as listed in Table 6-4 (see also, Section 6.3.1, Wildfire of the 2022 MJHMP).
Table 6-4. City of Santa Barbara Critical Facilities Vulnerable to Wildfire Type Critical Facility Hazard Source/Type Total Building Value Water Treatment Plant Cater Water Treatment Plant Moderate Wildfire Threat - Clinic Sansum Clinic Moderate Wildfire Threat -
Airport Santa Barbara Airport Moderate Wildfire Threat - Bridge Bridge Very High Wildfire Threat -
Bridge Bridge Moderate Wildfire Threat -
Bridge Bridge Moderate Wildfire Threat -
Bridge Bridge Moderate Wildfire Threat -
The City has also delineated local High Fire Hazard Zones, linking to local wildfire management and response strategies in the CWPP. The CWPP is maintained to protect lives, property, and natural resources threatened by wildland fire. Development of the CWPP included an assessment of wildfire hazard to identify the High Fire Hazard Area of the City. The hazard assessment was used to evaluate the extent of the City’s four High Fire Hazard Area Zones (Extreme Foothill, Foothill, Coastal Interior, and Coastal).
The CWPP includes an assessment of wildfire hazard, which involved modeling potential fire behavior in the City under extreme wind and weather conditions, consistent with conditions experienced during a Sundowner wind event. Other wildfire hazard variables were evaluated (terrain, weather, fuels, development patterns, fire department response, structure density, etc.) to identify the High Fire Hazard
6.0. Vulnerability Assessment
City of Santa Barbara Local Hazard Mitigation Plan 77
Annex to the Santa Barbara County Multi-Jurisdictional Hazard Mitigation Plan
6.2 EARTHQUAKE & LIQUEFACTION
Chapter 6.0, Vulnerabilities Assessment of the 2022 MJHMP addresses regional seismicity under two scenarios that include the City of Santa Barbara. The 2,500-year scenario considers general seismicity from multiple faults in the region and a 7.0 magnitude event. The methodology utilizes probabilistic seismic hazard contour maps developed by the U.S. Geological Survey (USGS) for the 2018 update of the National Seismic Hazard Maps that are included with Hazus-MH. A deterministic scenario was also prepared to predict the outcome of a specific earthquake event.
The deterministic scenarios used USGS provided ShakeMap datasets to model a Magnitude 7.4 earthquake of the Red Mountain Fault. This scenario assesses the effect that an earthquake sourced from this fault would generate in terms of damages and losses for the chosen area of interest (i.e., southern Santa Barbara County, including the City). Figure 6-2 is the ShakeMap produced for this scenario.
As described in the MJHMP, regional losses to people and property would include the City. As shown in the Red Mountain Fault ShakeMap scenario, the south and central parts of the county would perceive much stronger shaking and would likely receive the most severe damage when compared to the rest of the county. The entire City would perceive severe to extreme shaking and would likely receive moderate/heavy to very heavy damage. Direct effects of ground shaking could damage buildings and create dangerous debris and unstable structures. Displaced residents would likely seek shelter in the City, including residents from outside the City. Further, fires often occur after an earthquake. Because of the number of fires and the lack of water to fight the fires, they can often burn out of control.
Unreinforced masonry building type structures consist of buildings made of unreinforced concrete and brick, hollow concrete blocks, clay tiles, and adobe. Buildings constructed of these materials are heavy and brittle and typically provide little earthquake resistance. In small earthquakes, unreinforced buildings can crack, and in strong earthquakes, they tend to collapse. The City does not have any known unreinforced masonry buildings.
The City lies in an area with high, moderate, and low liquefaction severity classes. Regional earthquakes could cause liquefaction in the City, which could damage buildings and utilities when soils become unstable. Based on the GIS analysis conducted for the 2022 MJHMP, the City has 123,784 improved parcels valued at over $21 billion in liquefaction severity zones. Based on this analysis, which accounts for residents only and not workers, 52,849 residents are living in this hazard zone within the City. While liquefaction would not likely affect all areas uniformly during an earthquake, this analysis indicates the extent and scale of vulnerabilities to liquefaction during a large earthquake.
Table 6-5. City of Santa Barbara at Risk to Liquefaction Hazard by Property Type Property Type Improved Parcel
Count Total Value Population
High Liquefaction Hazard
Agricultural 0 $0
Commercial 441 $770,747,018
Exempt 26 $40,500,456
6.0. Vulnerability Assessment
78 February 2023
Property Type Improved Parcel
Count Total Value Population
Industrial 193 $386,752,938
Mixed Use 43 $171,822,528 105
Residential 2,212 $2,036,799,933 5,419
Improved Vacant 9 $3,921,284
Total High Liquefaction 2,924 $3,410,544,157 5,525
Moderate Liquefaction Hazard
Agricultural 0 $0
Commercial 432 $933,498,844
Exempt 48 $179,684,078
Industrial 113 $109,571,348
Mixed Use 29 $153,807,638 71
Residential 5,868 $2,849,407,328 14,377
Improved Vacant 7 $4,990,218
Total Moderate Liquefaction 6,497 $4,230,959,453 14,448 Low Liquefaction Hazard
Agricultural 3 $1,476,116
Commercial 755 $2,296,776,766
Exempt 113 $2,098,371,104
Industrial 7 $5,104,908
Mixed Use 40 $131,219,472 98
Residential 13,379 $9,195,180,227 32,779
Improved Vacant 66 $60,205,324
Total Low Liquefaction 14,363 $13,788,333,916 32,877
Total Liquefaction Hazard 23,784 $21,429,837,526 52,849 As listed in Table 6-6, all critical facilities in the City would be vulnerable to damage or destruction from ground shaking and liquefaction during a significant regional earthquake (Figure 6-3; see also, Section 6.2.1, Earthquake (Groundshaking) and Section 6.3.3, Liquefaction (Earthquake) of the 2022 MJHMP).
Table 6-6. City of Santa Barbara Critical Facilities Vulnerable to Groundshaking & Liquefaction Type Name Address Total Building
Value
Communications Vic Trace Ac -
Paging Tower Dial Page, Inc 923 Laguna Street -
Paging Tower Dial Page, Inc 320 West Pueblo Street -
Community
Center
Recreation 1232 De La Vina Street -
Community
Center
Recreation 100 E. Carrillo Street -
Community
Center
Lower Westside Community Center 629 Coronel Place -
6.0. Vulnerability Assessment
City of Santa Barbara Local Hazard Mitigation Plan 79
Annex to the Santa Barbara County Multi-Jurisdictional Hazard Mitigation Plan Type Name Address Total Building
Value
Community
Center
Franklin Community Center 1136 E. Montecito Street -
Hydrology Field Hydrology Field Installations 735 Anacapa Street $463,890 Reservoir Escondido Pump Station and
Reservoir
2300 Skyline Way -
Reservoir La Cornilla Pump Station and Vic
Trace Reservoir
1631 La Coronilla Drive -
Utilities Sheffield Pump Station 2375 Foothill Road -
Utilities Skofield Pump Station 2117 Mount Calvary -
Utilities Laguna Pump Station 236 E. Cabrillo Blvd -
Water District Goleta West Water District J Road -
Water
Treatment Plant
Cater Water Treatment Plant 1150 San Roque Road -
Water
Treatment Plant
Ortega Well Treatment Plant 220 E. Ortega Street -
Water
Treatment Plant
Ortega Well Treatment Plant 631 Garden St -
Water
Treatment Plant
Sheffield Treatment Plant 530 Mountain Drive -
Water
Treatment Plant
Charles E. Meyer Main
Desalination Plant
525 E. Yananoli St. -
Water
Treatment Plant
SCADA / MCC Building 525 E. Yananoli St. -
Water
Treatment Plant
El Estero Water Resources Center 520 E. Yananoli St. -
Clinic McDonald Building Human
Resources
1226 Anacapa Street $1,036,791
Clinic Sansum Clinic-Pesetas 215 Pesetas Ln -
Clinic Santa Barbara Community Dialysis
Center
222 Pesetas Lane -
Clinic Valle Verde Health Facility- SNF 900 Calle De Los Amigos - Clinic La Cumbre Senior Living Concepts 3880 Via Lucero - Clinic Vista Del Monte Sunridge SNF 3775 Modoc Road -
Clinic Sansum Clinic-Hitchcock 51 Hitchcock -
Clinic Samarkand- Smith Center- SNF 2566 Treasure Drive - Clinic Mission Terrace Convalescent
Hospital
623 West Junipero Street -
Clinic Sansum Clinic- Ob/ Gyn 515 W. Pueblo St -
Clinic Cottage Rehabilitation Hospital 2415 De La Vina Street - Clinic Sansum Clinic- Pueblo 317 Pueblo St -
Clinic Santa Barbara Cottage Hospital Bath At Pueblo -
Clinic Santa Barbara Convalescent
Hospital
2225 De La Vina Street -
6.0. Vulnerability Assessment
80 February 2023
Type Name Address Total Building
Value
Clinic Santa Barbara Neighborhood
Clinic- Westside
628 W. Micheltorena Street -
Clinic Santa Barbara Artificial Kidney
Center
1704 State Street, #2 -
Clinic Santa Barbara Neighborhood
Clinic- Eastside
915 N Milpas St -
Clinic PhD Franklin Clinic 1136 Montecito St -
Clinic PhD Children’s Medical Services 1111 Chapala Street $375,583 EMS Station American Medical Response
Station 3
415 West Figueroa Street -
EMS Station American Medical Response
Station 4
1025 Castillo Street -
Nursing Home Cliff View Terrace 1020 Cliff Drive -
Nursing Home Alto Lucero Transitional Care 3880 Via Lucero - Nursing Home The Californian 2225 De La Vina St -
Nursing Home Alexander Court 325 W Islay St -
Nursing Home Samarkand Skilled Nursing Facility 2566 Treasure Dr - Nursing Home Samarkand of Santa Barbara 2550 Treasure Drive - Nursing Home Wood Glen Hall, Inc. 3010 Foothill Road -
Nursing Home Mission Villa 321 West Mission Street -
Nursing Home Vista Del Monte 3775 Modoc Road -
Nursing Home Valle Verde Health Facility 900 Calle De Los Amigos - Nursing Home Alexander Gardens 2120 Santa Barbara Street - Nursing Home Mission Terrace Convalescent
Hospital
623 W Junipero St -
Nursing Home Oak Cottage of Santa Barbara
Memory Care
1820 Delavina Street -
Nursing Home Garden Court at Villa Santa
Barbara
227 E. Anapamu Street -
Nursing Home Villa Alamar 45 East Alamar -
Nursing Home Villa Riviera 1621 Grand Avenue -
Nursing Home Mountain House 37 Mountain Drive -
Nursing Home At Home in Santa Barbara 1801 Bath Street - Veteran Services Sb Veterans Memorial Bldg. 112 W. Cabrillo Blvd. $2,034,893 Aiport Patrol Santa Barbara Airport Patrol 601 Firestone Road - Colleges /
Universities
Fielding Graduate University 2020 De La Vina St -
Colleges /
Universities
The Santa Barbara and Ventura
Colleges of Law At Santa Barbara
20 E Victoria St -
Colleges /
Universities
Antioch University-Santa Barbara 602 Anacapa Street -
Colleges /
Universities
Santa Barbara City College 721 Cliff Drive -
6.0. Vulnerability Assessment
City of Santa Barbara Local Hazard Mitigation Plan 81
Annex to the Santa Barbara County Multi-Jurisdictional Hazard Mitigation Plan Type Name Address Total Building
Value
Court County Courthouse 1100 Anacapa Street $40,553,793 Court Sb Superior Court Building 118 E. Figueroa Street $9,343,534 Court County Courthouse Annex 1100 Anacapa St $6,023,849 Court Court Services Bldg 118 E. Figueroa Street $357,608 Education Saint Vincent Orphanage and
School Building
925 De La Vina Street -
Education Santa Barbara Unified Early
Childhood
1030 E. Yanonali St. -
Education Adelante Charter 1102 E. Yanonali St. -
Education Franklin Elementary 1111 E. Mason St. -
Education Harding University Partnership 1625 Robbins St. - Education Monte Vista Elementary 730 N. Hope Ave. -
Education Alta Vista Alternative High 215 E. Ortega St. - Education McKinley Elementary 350 Loma Alta Dr. -
Education Roosevelt Elementary 1990 Laguna St. -
Education Open Alternative 4025 Foothill Rd. -
Education Monroe Elementary 431 Flora Vista Dr. -
Education Alta Vista Alternative Junior High 215 E. Ortega St. - Education La Cumbre Junior High 2255 Modoc Rd. -
Education Santa Barbara Community
Academy
850 Portesuello Ave. -
Education Adams Elementary 2701 Las Positas Rd. -
Education Santa Barbara Junior High 721 E. Cota St. -
Education Santa Barbara Senior High 700 E. Anapamu St. - Education La Cuesta Continuation High 710 Santa Barbara St. - Education Washington Elementary 290 Lighthouse Rd. -
Education Hope Elementary 3970-A La Colina Rd. -
Education La Colina Junior High 4025 Foothill Rd. -
Education Cleveland Elementary 123 Alameda Padre Serra - Education Peabody Charter 3018 Calle Noguera -
Education Providence-SBCS 3723 Modoc Rd -
Education El Montecito School San Roque 3225 Calle Pinon - Education Notre Dame School 33 E Micheltorena St -
Education Bishop Garcia Diego High School 4000 La Colina Rd - Education Sunrise Montessori School 1201 E Yanonali St - Education Providence 630 E Canon Perdido St -
Education Santa Barbara Middle School 1321 Alameda Padre Serra - Education The Knox School of Santa Barbara 1525 Santa Barbara St - Education Eureka School of Santa Barbara 3324 State St Ste M - Education St Therese Classical Academy 33 E Micheltorena St -
6.0. Vulnerability Assessment
82 February 2023
Type Name Address Total Building
Value
Fire Station Fire Station 4 19 N. Ontare Road -
Fire Station Fire Station 5 2505 Modoc Road -
Fire Station Fire Station 6 1802 Cliff Drive -
Fire Station Fire Station 1 121 W. Carrillo St -
Fire Station Fire Station 3 415 E. Sola Street -
Fire Station Fire Station 7 605 Mission Ridge Road -
Fire Station Fire Training 30 S. Olive Street (2 S. Cesar Chavez) - Fire Station Fire Station 2 819 Cacique -
Fire Station Airport Fire Station 8 40 Hartley Place -
Government Administration Building 105 E. Anapamu Street $27,266,352 Government Engineering Building 123 E. Anapamu Street $11,145,938 Government Sbch East Wing 1105 Santa Barbara Street $7,308,080 Government Probation Building 117 E. Carrillo Street $4,216,037 Government Hall Of Records 1100 Anacapa Street $4,179,732 Government Schwartz Building 130 E Victoria St $2,652,501 Government City Hall 735 Anacapa Street -
Government Public Works 220 E. Ortega Street -
Government Public Works 630 Garden Street -
Government Community Development 630 Garden Street -
Government Public Works 630 Garden Street -
Government Public Works Yard 635 Laguna Street -
Government Admin Well Corp. at Parks
Department
402 East Ortega Street -
Government Parks And Recreation 620 Laguna St. -
Government ADMHS Offices 2034 De La Vina Street $145,154 Government Sb Child Support Office 4 East Carrillo Street $199,401 Harbor Patrol Santa Barbara Waterfront
Harbor Patrol
132 Harbor Way A, Po Box 1990 -
Historic Site Virginia Hotel 17 And 23 West Haley Street - Historic Site Mission Santa Barbara 2201 Laguna Street - Historic Site Janssens-Orella-Birk-Building 1029 - 1031 State Street - Historic Site Hill-Carrillo Adobe 11 East Carrillo Street - Historic Site Old Lobero Theatre 33 E. Canon Perdido -
Historic Site Casa De La Guerra 808-818 State Street, 813 - 819 Anacapa Street, 9 - 25 E. De La Guerra
Street
-
Historic Site Santa Barbara Presidio 123 East Canon Perdido Street - Historic Site Hastings Adobe 414 W. Montecito Street -
Historic Site Covarrubias Adobe 715 Santa Barbara Street - Historic Site Rafael Gonzalez House 835 Laguna Street - Historic Site Faith Mission 409 State Street -
6.0. Vulnerability Assessment
City of Santa Barbara Local Hazard Mitigation Plan 83
Annex to the Santa Barbara County Multi-Jurisdictional Hazard Mitigation Plan Type Name Address Total Building
Value
Historic Site Los Banos Del Mar 401 Shoreline Drive -
Historic Site Andalucía Building 316 - 324 State Street - Historic Site Burton Mound 129 W. Mason At Burton Circle - Police Police Department 215 E. Figueroa St. -
Post Office US Post Office Main 836 Anacapa Street -
Airport Santa Barbara Airport 500 James Fowler Road -
Bridge Bridge 'Olive Mill Road' / 'U.S. Highway 101' -
Bridge Bridge 'State Route 192' / 'Mission Creek' -
Bridge Bridge HWY 101 Sb' / 'Castillo Street' -
Bridge Bridge HWY 101 Sb' / 'Carrillo Street' -
Bridge Bridge HWY 101 Sb' / 'Mission Street' -
Bridge Bridge HWY 101 Nb' / 'Mission Street' -
Bridge Bridge 'State Route 225' / UPRR -
Bridge Bridge HWY 101 Sb' / 'Garden Street' -
Bridge Bridge HWY 101 Nb' / 'Garden Street' -
Bridge Bridge HWY 101 Sb' / 'State Street' -
Bridge Bridge HWY 101 Nb' / 'State Street' -
Bridge Bridge HWY 101' / 'Sycamore Creek' -
Bridge Bridge HWY 101' / 'Cacique Street' -
Bridge Bridge 'Mission Canyon Rd' / 'Mission Creek' -
Bridge Bridge 'Las Canoas Rd' / 'Rattlesnake Canyon' -
Bridge Bridge 'Ontare Road' / 'San Roque Creek' -
Bridge Bridge 'Hollister Ave' / 'Carneros Creek' -
Bridge Bridge 'Gutierrez St' / 'Mission Creek' -
Bridge Bridge 'State St' / 'Mission Creek' -
Bridge Bridge 'Castillo Street' / 'Mission Creek' -
Bridge Bridge 'Carrillo St' / 'Mission Creek' -
Bridge Bridge 'State Street' / 'San Roque Creek' -
Bridge Bridge 'Pueblo St' / 'Mission Creek' -
Bridge Bridge 'Montecito St' / 'Mission Creek' -
Bridge Bridge 'James Fowler Road' / 'San Pedro Creek' - Bridge Bridge 'Quinientos St' / 'Sycamore Creek' -
Bridge Bridge 'Torino Drive' / 'Arroyo Burro Creek' -
Bridge Bridge 'Por Lamar Dr' / 'Sycamore Creek' -
Bridge Bridge 'Ninos Dr' / 'Sycamore Creek' -
Bridge Bridge 'Zoological Garden' / 'Sycamore Creek' -
Bridge Bridge 'Carpinteria St' / 'Sycamore Creek' -
Bridge Bridge 'De La Guerra St' / 'Mission Creek' -
Bridge Bridge 'Firestone' / 'Carneros Creek' -
Bridge Bridge 'Pedregosa Street' / 'Mission Creek' -
6.0. Vulnerability Assessment
84 February 2023
Type Name Address Total Building
Value
Bridge Bridge 'Calle De Los Amigo' / 'Arroyo Burro
Creek'
-
Bridge Bridge 'Fairview Ave' / 'Up Rr & Amtrak' -
Bridge Bridge 'East Cabrillo Blvd' / 'Laguna Channel' - Bridge Bridge 'E Mason Street' / 'Sycamore Canyon
Creek'
-
Bridge Bridge 'De La Vina St' / 'Mission Creek' -
Bridge Bridge 'Ortega Street' / 'Mission Creek' -
Bridge Bridge 'Primavera Road' / 'Cieneguitas Creek' -
Bridge Bridge 'Hope Avenue' / 'Arroyo Burro Creek' -
Bridge Bridge HWY 101 Sb' / 'Cabrillo Blvd' -
Bridge Bridge HWY 101 Nb' / 'Cabrillo Blvd' -
Bridge Bridge 'State Route 192' / 'San Roque Canyon' -
Bridge Bridge 'State Route 192' / 'Sycamore Canyon
Creek'
-
Bridge Bridge 'State St (Wb)' / 'Us Highway 101' -
Bridge Bridge 'State St (Eb)' / 'Us Highway 101' -
Bridge Bridge 'State Route 225' / HWY 101' -
Bridge Bridge HWY 101 Nb' / 'Carrillo Street' -
Bridge Bridge HWY 101 Nb Rt Lane' / 'Mission Creek' -
Bridge Bridge HWY 101' / 'Quarantina Street' -
Bridge Bridge HWY 101' / 'Salsipuedes Street' -
Bridge Bridge HWY 101 Sb' / 'Mission Creek' -
Bridge Bridge HWY 101 Nb' / 'Mission Creek' -
Bridge Bridge HWY 101 Sb' / 'Mission Creek' -
Bridge Bridge HWY 101 Nb' / 'Mission Creek' -
Bridge Bridge HWY 101' / 'Chapala St Equalizer' -
Bridge Bridge 'La Cumbre Road' / HWY 101' -
Bridge Bridge 'Micheltorena St' / HWY UPRR Mission' -
Bridge Bridge HWY 101' / 'Milpas Street' -
Bridge Bridge HWY 101' / 'Cacique Street' -
Bridge Bridge 'Cliff Drive' / 'Arroyo Burro Creek' -
Bridge Bridge 'Hollister Avenue' / 'San Pedro Creek' -
Bridge Bridge 'Mission St' / 'Mission Creek' -
Bridge Bridge 'Alamar Ave' / 'Mission Creek' -
Bridge Bridge 'State Street' / 'Mission Creek' -
Bridge Bridge 'Valerio St' / 'Mission Creek' -
Bridge Bridge 'Junipero Street' / 'Mission Creek' -
Bridge Bridge 'Tallant Road' / 'Mission Creek' -
Bridge Bridge 'Yanonali Street' / 'Laguna Drainage
Channel'
-
6.0. Vulnerability Assessment
City of Santa Barbara Local Hazard Mitigation Plan 85
Annex to the Santa Barbara County Multi-Jurisdictional Hazard Mitigation Plan Type Name Address Total Building
Value
Bridge Bridge 'East Cabrillo Blvd' / 'Sycamore Creek' - Bridge Bridge 'Chapala Street' / 'Mission Creek' -
Bridge Bridge 'Punta Gorda Road' / 'Punta Gorda
Creek'
-
Bridge Bridge 'Cliff Drive' / 'Hillside' -
Bridge Bridge 'Anapamu Street' / 'Old Mission Creek' -
Bridge Bridge HWY 101 Nb' / 'Castillo Street' -
Bridge Bridge 'State Route 154' / 'La Colina Rd' -
Bridge Bridge 'State Route 154' / 'Primavera Rd' -
Bridge Bridge 'Hollister Avenue' / 'Tecolotito Creek' - Bridge Bridge 'Arrellaga Street' / 'Mission Creek' -
Bridge Bridge 'De La Vina St' / 'Mission Creek' -
Bridge Bridge 'Islay St' / 'Mission Creek' -
Bridge Bridge 'Bath St' / 'Mission Creek' -
Bridge Bridge 'Matthews Street' / 'San Pedro Creek' -
Government Buses/Vehicles -
Train Depot Southern Pacific Train Depot 209 State Street -
6.0. Vulnerability Assessment
86 February 2023
Figure 6-2. City of Santa Barbara Critical Facilities and Earthquake Groundshaking Potential (Red Mountain Fault 7.4 Magnitude ShakeMap)
6.0. Vulnerability Assessment
City of Santa Barbara Local Hazard Mitigation Plan 87
Annex to the Santa Barbara County Multi-Jurisdictional Hazard Mitigation Plan Figure 6-3. City of Santa Barbara Critical Facilities and Liquefaction Potential
6.0. Vulnerability Assessment
88 February 2023
6.3 FLOOD
The geographical location, climate, and topography of the South Coast make some areas of the City prone to flooding, particularly near the coastline and low-lying creek corridors. Flooding presents a hazard to development in floodplains. In addition to the damage to properties, flooding can also cut off access to utilities, emergency services, transportation, and may impact the overall economic well-being of an area. Emergency response can be interrupted by damaged roads and infrastructure. Fire can break out as a result of dysfunctional electrical equipment. Hazardous materials can also get into floodways, causing health concerns and polluted water supplies. During a flood, the drinking water supply can be contaminated. Climate change is expected to increase the frequency and intensity of heavy rainstorms that cause riverine flooding.
Based on the GIS analysis conducted for the 2022 MJHMP, the City has 1,792 improved parcels valued at over $1.9 billion in the 1-percent annual chance floodplain. Based on this analysis, which accounts for residents only and not workers, 3,339 residents are living in the 1-percent annual chance floodplain throughout the City. An additional 515 improved parcels and over $564 million in value fall within the 0.2-percent annual chance floodplain. Areas of the City vulnerable to the
0.2-percent annual chance riverine flood are home to 1,063 residents. Development in the 0.2- percent annual chance floodplain is typically not regulated, thus a large flood event could be extremely damaging in the City. This information is summarized in Table 6-7 below.
Table 6-7. City of Santa Barbara FEMA Floodplain Exposure and Loss Property Type Improved Parcel
Count Total Value Estimated Loss Population
Riverine 1% Annual Chance Floodplain Exposure and Loss
Commercial 238 $503,338,458 $125,834,615
3,339
Exempt 20 $60,896,806 $15,224,202
Industrial 166 $242,179,170 $60,544,793
Mixed Use 23 $81,217,906 $20,304,477
Residential 1,340 $1,031,372,627 $257,843,157
Improved Vacant 5 $2,968,766 $742,192
Total 1% Chance 1,792 $1,921,973,733 $480,493,433
Riverine 0.2% Annual Chance Floodplain Exposure and Loss Commercial 73 $147,840,838 $36,960,210
1,063
Exempt 5 $27,790,650 $6,947,663
Industrial 3 $80,753,765 $20,188,441
Mixed Use 5 $30,479,344 $7,619,836
Residential 429 $277,449,645 $69,362,411
Total 0.2% Chance 515 $564,314,242 $141,078,561
Total Flood Hazard 2,307 $2,486,287,975 $624,571,994 4,403 As listed in Table 6-8, 79 critical facilities in the City with a total value of $2,034,893 would be vulnerable to damage or destruction from 1-percent or 0.2-percent annual chance flood (Figure 6- 4; see also, Section 6.3.3, Flood of the 2022 MJHMP).
6.0. Vulnerability Assessment
City of Santa Barbara Local Hazard Mitigation Plan 89
Annex to the Santa Barbara County Multi-Jurisdictional Hazard Mitigation Plan Table 6-8. City of Santa Barbara Critical Facilities at Risk to Flood Hazard Type Critical Facility FEMA Flood Chance
Total
Building
Value
Utilities Sheffield Pump Station 1% Chance -
Utilities Laguna Pump Station 1% Chance -
Water District Goleta West Water District 1% Chance -
Water Treatment Plant Charles E. Meyer Main Desalination Plant 1% Chance - Water Treatment Plant SCADA / MCC Building 1% Chance -
Clinic Vista Del Monte Sunridge SNF 1% Chance -
Clinic Mission Terrace Convalescent Hospital 0.2% Chance - Clinic Sansum Clinic- Ob/ Gyn 1% Chance -
Nursing Home Vista Del Monte 1% Chance -
Nursing Home Mission Terrace Convalescent Hospital 0.2% Chance - Veteran Services Sb Veterans Memorial Bldg. 1% Chance $2,034,893 Airport Patrol Santa Barbara Airport Patrol 1% Chance - Education Santa Barbara Junior High 1% Chance -
Education Providence-SBCS 1% Chance -
Education El Montecito School San Roque 1% Chance -
Fire Station Fire Training 1% Chance -
Fire Station Airport Fire Station 8 1% Chance -
Government Public Works Yard 1% Chance -
Government Admin Well Corp. at Parks Department 1% Chance - Government Parks And Recreation 1% Chance -
Historic Site Hastings Adobe 1% Chance -
Historic Site Los Banos Del Mar 1% Chance -
Historic Site Burton Mound 1% Chance -
Airport Santa Barbara Airport 1% Chance -
Bridge Bridge 1% Chance -
Bridge Bridge 1% Chance -
Bridge Bridge 1% Chance -
Bridge Bridge 1% Chance -
Bridge Bridge 1% Chance -
Bridge Bridge 1% Chance -
Bridge Bridge 1% Chance -
Bridge Bridge 1% Chance -
Bridge Bridge 1% Chance -
Bridge Bridge 0.2% Chance -
Bridge Bridge 1% Chance -
Bridge Bridge 1% Chance -
Bridge Bridge 0.2% Chance -
Bridge Bridge 1% Chance -
Bridge Bridge 1% Chance -
Bridge Bridge 1% Chance -
6.0. Vulnerability Assessment
90 February 2023
Type Critical Facility FEMA Flood Chance
Total
Building
Value
Bridge Bridge 1% Chance -
Bridge Bridge 0.2% Chance -
Bridge Bridge 1% Chance -
Bridge Bridge 1% Chance -
Bridge Bridge 1% Chance -
Bridge Bridge 1% Chance -
Bridge Bridge 1% Chance -
Bridge Bridge 1% Chance -
Bridge Bridge 1% Chance -
Bridge Bridge 1% Chance -
Bridge Bridge 1% Chance -
Bridge Bridge 1% Chance -
Bridge Bridge 1% Chance -
Bridge Bridge 1% Chance -
Bridge Bridge 1% Chance -
Bridge Bridge 1% Chance -
Bridge Bridge 1% Chance -
Bridge Bridge 1% Chance -
Bridge Bridge 1% Chance -
Bridge Bridge 1% Chance -
Bridge Bridge 0.2% Chance -
Bridge Bridge 1% Chance -
Bridge Bridge 1% Chance -
Airport Bridge 1% Chance -
Bridge Bridge 1% Chance -
Bridge Bridge 1% Chance -
Bridge Bridge 1% Chance -
Bridge Bridge 1% Chance -
Bridge Bridge 1% Chance -
Bridge Bridge 1% Chance -
Bridge Bridge 1% Chance -
Bridge Bridge 1% Chance -
Bridge Bridge 1% Chance -
Bridge Bridge 1% Chance -
Bridge Bridge 1% Chance -
Bridge Bridge 1% Chance -
Bridge Bridge 1% Chance -
Bridge Bridge 1% Chance -
Train Depot Southern Pacific Train Depot 1% Chance -
6.0. Vulnerability Assessment
City of Santa Barbara Local Hazard Mitigation Plan 91
Annex to the Santa Barbara County Multi-Jurisdictional Hazard Mitigation Plan Figure 6-4. City of Santa Barbara Critical Facilities in FEMA Flood Hazard Zones
6.0. Vulnerability Assessment
92 February 2023
6.4 TSUNAMI
Based on the GIS analysis conducted for the 2022 MJHMP, the City has 890 improved parcels valued at over $1.3 billion in the tsunami hazard zone. Based on this analysis, which accounts for residents only and not workers, 1,580 residents are living in the tsunami hazard zone throughout the City. This information is summarized in Table 6-9 below and depicted in Figure 6-5.
Table 6-9. City of Santa Barbara at Risk to Tsunami Hazard Property Type Improved Parcel Count Total Value Population Commercial 113 $225,256,702
Exempt 4 $12,479,014
Industrial 128 $186,632,753
Mixed Use 7 $12,260,718 17
Residential 638 $951,704,762 1,563
Improved Vacant 3 $1,794,022
Total 890 $1,388,333,948 1,580
As listed in Table 6-10, 23 critical facilities in the City would be vulnerable to damage or destruction from tsunami inundation (See also, Section 6.3.9, Tsunami of the 2022 MJHMP).
Table 6-10. City of Santa Barbara Critical Facilities Vulnerable to Tsunami Type Name Total Building Value
Utilities Laguna Pump Station -
Water Treatment Plant Charles E. Meyer Main Desalination Plant - Water Treatment Plant Scada / Mcc Building -
Water Treatment Plant El Estero Water Resources Center - Veteran Services Sb Veterans Memorial Bldg. $2,034,893
Fire Station Fire Training -
Fire Station Fire Station 2 -
Harbor Patrol Santa Barbara Waterfront Harbor Patrol -
Historic Site Los Banos Del Mar -
Historic Site Burton Mound -
Airport Santa Barbara Airport -
Bridge Bridge -
Bridge Bridge -
Bridge Bridge -
Bridge Bridge -
Bridge Bridge -
Bridge Bridge -
Bridge Bridge -
Bridge Bridge -
Bridge Bridge -
Bridge Bridge -
Bridge Bridge -
Bridge Bridge -
Bridge Bridge -
6.0. Vulnerability Assessment
City of Santa Barbara Local Hazard Mitigation Plan 93
Annex to the Santa Barbara County Multi-Jurisdictional Hazard Mitigation Plan Figure 6-5. City of Santa Barbara Critical Facilities in Tsunami Hazard Zone
6.0. Vulnerability Assessment
94 February 2023
6.5 DAM FAILURE
Lauro Dam is of the largest concern to the City of Santa Barbara. Failure of Lauro Dam would inundate portions of the City with relatively little evacuation time. Based on the GIS analysis conducted for the 2022 MJHMP, in Santa Barbara, 1,224 properties with a total value of $808 million are vulnerable to the catastrophic flooding that would occur if Lauro Dam failed.
Approximately 2,754 residents within the inundation zone may need to be evacuated, cared for, and possibly permanently relocated. This information is summarized in Table 6-11 below.
Table 6-11. City of Santa Barbara at Risk to Dam Inundation Hazard Property Type Improved Parcel Count Total Value Population Commercial 88 $133,647,498
Exempt 11 $57,291,886
Industrial 1 $163,005
Mixed Use 1 $919,448 2
Residential 1,123 $616,614,786 2,751
Total 1,224 $808,636,623 2,754
As listed in Table 6-12, 21 critical facilities in the City would be vulnerable to damage or destruction from dam inundation (Figure 6-6; see also, Section 6.6.3, Dam Failure of the 2022 MJHMP). All but one of these facilities would be affected by the failure of the Lauro Dam. One bridge would be affected by the failure of the Glen Annie Dam.
Table 6-12. City of Santa Barbara Critical Facilities Vulnerable to Inundation from Dam Failure Type Name Dam Name Total Building
Value
Clinic Vista Del Monte Sunridge SNF Lauro -
Nursing Home VISTA DEL MONTE Lauro -
Education PEABODY CHARTER Lauro -
Education PROVIDENCE-SBCS Lauro -
Bridge Bridge Lauro -
Bridge Bridge Lauro -
Bridge Bridge Lauro -
Bridge Bridge Lauro -
Bridge Bridge Lauro -
Bridge Bridge Lauro -
Bridge Bridge Lauro -
Bridge Bridge Lauro -
Bridge Bridge Lauro -
Bridge Bridge Lauro -
Bridge Bridge Lauro -
Bridge Bridge Lauro -
Bridge Bridge Lauro -
Bridge Bridge Glen Annie -
Bridge Bridge Lauro -
Bridge Bridge Lauro -
Bridge Bridge Lauro -
6.0. Vulnerability Assessment
City of Santa Barbara Local Hazard Mitigation Plan 95
Annex to the Santa Barbara County Multi-Jurisdictional Hazard Mitigation Plan Figure 6-6. City of Santa Barbara Critical Facilities in Dam Inundation Zone
6.0. Vulnerability Assessment
96 February 2023
6.6 LANDSLIDE
As described in Section 5.3.9, Landslides, landslides are most common on steep slopes made of loose soil and other material such as those found in the City, but they can also happen on shallower slopes.
The City has 9,925 improved parcels that lie within Class 5, 7, 8, 9, or 10 landslide hazard zones, amounting to $7.6 billion and home to 23,758 residents.
Table 6-13. City of Santa Barbara Improved Properties at Risk to Landslide Summary Class 5
Parcel
County
Class 7
Parcel
Count
Class 8
Parcel
Count
Class 9
Parcel
Count
Class 10
Parcel
Count
Total
Improved
Parcel
Count
Total Value Population
10 6,961 16 1,551 1,387 9,925 $7,652,734,542 23,758
Further, as listed in Table 6-14, 40 critical facilities in the City would be vulnerable to damage or destruction from landslides (Figure 6-7; see also, Section 6.3.7, Landslide of the 2022 MJHMP).
Table 6-14. City of Santa Barbara Critical Facilities Vulnerable to Landslide Type Name Landslide Severity
Class
Total Building
Value
Reservoir Escondido Pump Station and Reservoir 7 -
Utilities Sheffield Pump Station 7 -
Utilities Skofield Pump Station 7 -
Water Treatment Plant Cater Water Treatment Plant 7 -
Clinic Valle Verde Health Facility- SNF 7 -
Clinic La Cumbre Senior Living Concepts 7 -
Clinic Sansum Clinic-Hitchcock 7 -
Clinic Samarkand- Smith Center- SNF 7 -
Nursing Home Alto Lucero Transitional Care 7 -
Nursing Home Samarkand Of Santa Barbara 7 -
Nursing Home Wood Glen Hall, Inc. 7 -
Nursing Home Valle Verde Health Facility 7 -
Nursing Home Alexander Gardens 9 -
Nursing Home Mission Terrace Convalescent Hospital 7 -
Nursing Home Villa Riviera 9 -
Nursing Home Mountain House 7 -
Colleges / Universities Santa Barbara City College 7 -
Education Roosevelt Elementary 7 -
Education Open Alternative 9 -
Education Monroe Elementary 7 -
6.0. Vulnerability Assessment
City of Santa Barbara Local Hazard Mitigation Plan 97
Annex to the Santa Barbara County Multi-Jurisdictional Hazard Mitigation Plan Type Name Landslide Severity
Class
Total Building
Value
Education Adams Elementary 7 -
Education La Colina Junior High 7 -
Education Cleveland Elementary 9 -
Education Eureka School of Santa Barbara 7 -
Fire Station Fire Station 6 7 -
Fire Station Fire Station 3 7 -
Fire Station Fire Station 7 7 -
Historic Site Los Banos Del Mar 7 -
Bridge Bridge 7 -
Bridge Bridge 7 -
Bridge Bridge 7 -
Bridge Bridge 7 -
Bridge Bridge 7 -
Bridge Bridge 7 -
Bridge Bridge 7 -
Bridge Bridge 7 -
Bridge Bridge 9 -
Bridge Bridge 7 -
Bridge Bridge 9 -
Bridge Bridge 7 -
6.0. Vulnerability Assessment
98 February 2023
Figure 6-7. City of Santa Barbara Critical Facilities within Landslide Susceptibility Zones
6.0. Vulnerability Assessment
City of Santa Barbara Local Hazard Mitigation Plan 99
Annex to the Santa Barbara County Multi-Jurisdictional Hazard Mitigation Plan
6.7 COASTAL HAZARDS
In 2021 the City approved a Sea Level Rise Adaption Plan and Vulnerability Assessment that quantifies the exposure of identified assets and resources to projected future coastal flood and erosion hazards. The purpose of the Sea Level Rise Adaption Plan and Vulnerability Assessment is to identify vulnerabilities to coastal hazards expected from sea-level rise in the City of Santa Barbara and possible actions to prepare for and adapt to sea-level rise. The plan can be found at www.SantaBarbaraca.gov/slr and is hereby incorporated by reference into this plan.
The City’s 2021 Sea Level Rise Adaptation Plan and Vulnerability Assessment only included the main portion of the City and not the Airport and Goleta Slough. Sea level rise vulnerabilities at the Airport and Goleta Slough area were analyzed as part of the 2015 Goleta Slough Area Sea Level Rise And Management Plan. An updated vulnerability assessment and sea level rise adaptation plan is currently being developed for the City’s Airport area.
The following analysis is based on the Santa Barbara County Climate Vulnerability Assessment to be consistent with the methodology contained for the greater Santa Barbara County MultiJurisdictional Hazard Mitigation Plan. Based on the MJHMP’s analysis, approximately 100 acres of the City are susceptible to coastal hazards and sea level rise by 2030 (10.2 inches) and 145 acres by 2060 (27.2 inches). Based on the GIS analysis conducted for the 2022 MJHMP, the City has 1,014 improved parcels valued at over $1,6 billion in sea level rise coastal hazard zones. Based on this analysis, which accounts for residents only and not workers, 1,436 residents are living in this hazard zone within the City.
Table 6-15. City of Santa Barbara at Risk to Sea Level Rise Coastal Hazards by Property Type Property Type Improved Parcel
Count Total Value Population
2030 Sea Level Rise
Commercial 84 $187,609,824
Exempt 3 $618,954
Industrial 98 $143,146,390
Mixed Use 5 $21,117,388 12
Residential 231 $340,247,270 566
Improved Vacant 1 $68,994
Total 422 $692,808,820 578
2060 Sea Level Rise
Commercial 109 $236,143,706
Exempt 5 $926,740
Industrial 126 $213,313,565
Mixed Use 13 $48,788,222 32
Residential 337 $464,798,276 826
Improved Vacant 2 $657,114
Total 592 $964,627,623 858
Total Sea Level Rise Hazard 1,014 $1,657,436,442 1,436
6.0. Vulnerability Assessment
100 February 2023
Additionally, 14 critical facilities area vulnerable to damage or destruction from coastal hazards and sea level rise by 2030, and 19 critical facilities are vulnerable by 2060 (Table 6-16) (Figure 6-8; see also, Section 6.3.6, Coastal Hazards of the 2022 MJHMP).
Table 6-16. City of Santa Barbara Critical Facilities Vulnerable to Coastal Hazards Type Name 2030 2060
Total
Building
Value
Utilities Laguna Pump Station Yes Yes -
Water District Goleta West Water District No Yes -
Water Treatment Plant Charles E. Meyer Main Desalination Plant No Yes - Water Treatment Plant Scada / Mcc Building No Yes -
Government Public Works Yard Yes Yes -
Government Admin Well Corp. at Parks Department Yes Yes - Government Parks And Recreation Yes Yes -
Harbor Patrol Santa Barbara Waterfront Harbor Patrol Yes Yes - Airport Santa Barbara Airport Yes Yes -
Bridge Bridge Yes Yes -
Bridge Bridge Yes Yes -
Bridge Bridge Yes Yes -
Bridge Bridge No Yes -
Bridge Bridge Yes Yes -
Bridge Bridge Yes Yes -
Bridge Bridge Yes Yes -
Bridge Bridge No Yes -
Bridge Bridge Yes Yes -
Bridge Bridge Yes Yes -
6.0. Vulnerability Assessment
City of Santa Barbara Local Hazard Mitigation Plan 101
Annex to the Santa Barbara County Multi-Jurisdictional Hazard Mitigation Plan Figure 6-8. City of Santa Barbara Critical Facilities in Sea Level Rise Coastal Hazard Zones
7.0. Mitigation Strategy
102 February 2023
7.0 MITIGATION STRATEGY
In preparation for the 2022 LHMP update, the City’s LPT made no revisions to the countywide goals and objectives because they continue to reflect the needs of the City; see also, Chapter 7.0, Mitigation Plan of the 2022 MJHMP. This section contains the City’s updated and most current mitigation strategy as of 2022.
7.1 MITIGATION GOALS AND OBJECTIVES
The City’s LPT developed the following goals and objectives for the 2022 update. These goals and objectives represent a vision of long-term hazard reduction or enhancement of capabilities. These preliminary goals, objectives, and actions were developed to represent a vision of long-term hazard reduction or enhancement of capabilities. To help further the development of these goals and objectives, the LPT compiled and reviewed current jurisdictional sources, including the City’s planning documents, codes, and ordinances, and specifically discussed hazard-related goals, objectives, and actions as they related to the overall LHMP.
The updated goals and objectives of this plan are:
Goal 1: Promote disaster-resistant development and strive to minimize the risks of hazards Objective 1A: Minimize development in known hazard areas. When development must be sited in hazardous areas, minimize the impacts of hazards through hazard-resistant designs or phasing of development based on degree of hazard.
Objective 1B: Minimize hazard frequency, severity, and risks through mitigation projects and programs.
Objective 1C: Continue to assess hazards in the City based on best available science and information.
Goal 2: Prioritize hazard mitigation for critical facilities and community assets Objective 2A: Plan for redundancy of critical services and infrastructure (energy, transportation, water supply) in the event of a hazard.
Objective 2B: Implement hazard mitigation projects for critical facilities, public transportation systems, and public services that are essential for basic city functions. Upgrade and replace aging critical facilities and infrastructure.
Objective 2C: Promote mitigation projects that have co-benefits and that minimize impacts to existing development, the local economy, natural resources, community and historical assets, and the public shoreline, parks, open spaces, and recreation areas.
Objective 2D: Promote mitigation projects that benefit or minimize impacts to vulnerable populations that may have a higher sensitivity and lower adaptive capacity to hazards.
Objective 2E: Promote mitigation projects and programs that respond to climate change and build resiliency partnerships and coordination locally, regionally, and statewide.
7.0. Mitigation Strategy
City of Santa Barbara Local Hazard Mitigation Plan 103
Annex to the Santa Barbara County Multi-Jurisdictional Hazard Mitigation Plan Goal 3: Actively promote understanding, support, and funding for hazard mitigation by participating agencies and the public.
Objective 3.A: Engage, inform, and educate the public on tools and resources to improve community resilience to hazards, reduce vulnerability, and increase awareness and support of hazard mitigation activities.
Objective 3.B: Ensure effective outreach and communications to vulnerable and disadvantaged communities.
Objective 3.C: Increase awareness and encourage the incorporation of hazard mitigation principles and practice among public, private, and nonprofit sectors, including all participating agencies.
Objective 3.D: Ensure interagency coordination and joint partnerships with the County, cities, state, tribal, and federal governments.
Objective 3.E: Continuously improve the City’s capability and efficiency at administering preand post-disaster mitigation programs.
Objective 3.F: Monitor and publicize the effectiveness of mitigation actions implemented in the City.
Objective 3.G: Position the City to apply for and receive grant funding from FEMA and other sources.
Goal 4: Promote community resilience to hazard events
Objective 4A: Integrate hazard mitigation with public policy and standard business practices.
Objective 4B: Create community resilience plans and resource hubs Objective 4C: Incentivize resilience actions in the community.
Goal 5: Minimize the risks to life and property associated with urban and human-caused hazards Objective 5A: Minimize risks from biological hazards, including disease, invasive species, and agricultural pests.
Objective 5B: Be prepared and respond to urban hazards, including terrorism, cyber threats, and civil disturbance.
Objective 5C: Minimize risks from energy production, including hazardous oil and gas activities.
Goal 6: Update and improve emergency response planning and programs Objective 6A: Provide effective life safety measures and reduce property loss.
Objective 6B: Ensure rapid resumption of basic City services after an emergency.
Objective 6C: Accurately document and record response efforts to ensure cost recovery.
Goal 7: Prepare to adapt and recover from the impacts of climate change and ensure regional resiliency.
7.0. Mitigation Strategy
104 February 2023
Objective 7A: Promote projects and programs that reduce greenhouse gas emissions, utilize carbon free energy, and reduce the potential of further impacts from climate change Objective 7B: Identify, assess, and prepare for the impacts of climate change.
Objective 7C: Use the latest climate science to implement hazard mitigation strategies in response to climate change.
7.2 MITIGATION PROGRESS
Since 2017, the City has incorporated the LHMP goals, objectives, and mitigation actions into its local plans and processes, including the General Plan Safety Element by reference, specific hazard planning efforts (e.g., Sea Level Rise Adaptation Plan), the City’s grant pursuits, and capital improvement planning. Ongoing monitoring and evaluation of the LHMP by the City ensured mitigations are implemented and tracked. Key mitigation actions completed since 2017 include improving the resilience of coastal structures, including Stearns Wharf and Mesa Lane and 1,000 Steps Coastal Access, beginning upgrades to the Laguna Pump Station and the Santa Barbara Police Station, and completing the Sea Level Rise Adaptation Plan and Vulnerability Assessment.
The City’s LPT reviewed the mitigation actions listed in the 2017 LHMP to determine the status of each action. Once reviewed, deferred projects from 2017 were renumbered to reflect 2022 updates (see Table 7-1).
Table 7-1. Status of City of Santa Barbara Previous Mitigation Actions Mitigation
Action
No.
Mitigation Action
Description Status Comments In 2022 Update?
2016‐1 Pedregosa Storm
Drain Deferred Construction will significantly reduce flooding in the Mission Creek area around Pedregosa X 2016‐2
Replacement Storm
Drain Outfall
(Airport)
Canceled
Previously from 2011 – This project is planned but
not budgeted. Will significantly reduce flooding on
Hollister Avenue.
2016‐3 Flood Wall
Construction (Airport) Deferred
Flood Wall Construction - Around buildings 223,
304, 314, and 315 to protect these structures from
flooding. Eliminate frequent water intrusion into
buildings and subsequent clean-up costs due to
storm events, many of which are less than 10-year
events.
X
2016‐4
Honda Valley
Hillside Stabilization
in a location of HighPressure Gas Line
Serving City
Deferred
A high-pressure gas line serving the City is located
in an area of Honda Valley where stabilization of
soil is needed.
X
2016‐5 Hidden Valley Park
Slope Stability Deferred To reduce risk to life and property from slides and flooding. X 2016‐6
Stevens Park Eastern
Access Erosion
Remediation
Deferred
A benefit to secure life and property and the
preservation of an effective and ecologically sound
creek system.
X
2016‐7 Francheschi
Park/Mission Ridge Deferred Deferred due to lack of funding – a retaining wall is crucial to evacuation and emergency response. X
7.0. Mitigation Strategy
City of Santa Barbara Local Hazard Mitigation Plan 105
Annex to the Santa Barbara County Multi-Jurisdictional Hazard Mitigation Plan Mitigation
Action
No.
Mitigation Action
Description Status Comments In 2022 Update?
Hillside geotechnical
stabilization of
retaining wall
2016‐8
Bluff Retreat
Management at
Shoreline Park
Deferred Deferred due to lack of funding – This project is ongoing due to continuous bluff erosion. X
2016‐9
Rehabilitate Coastal
Access Stairs at
1000 Steps
In Progress In DART Process. Rehabilitation of damaged steps and drainage improvements anticipated in 2022. X
2016‐10 New Police
Department In Progress PD Station funding through Measure C and potential bond X 2016‐11 High Fire Area
Roadways Deferred
Previously from 2011 - Erosions and landslides due
to steep slopes and unreinforced retaining walls
will hamper evacuation and emergency response.
Renamed to Unreinforced Retaining Walls and
Unstable Slopes project
X
2016‐12 Laguna Pump Station In Progress The project is currently being funding by FEMA Mitigation Grant Funding – 2023 X
2016‐13
Replace deluge
system on Stearns
Wharf
Completed
Continues to be an ongoing maintenance Project to
promote firefighting on Stearns Wharf, which is a
historical site in the Waterfront area.
2016‐14
Backup generator
for Waterfront
Department
Operating Center.
Completed Upgraded power needed for Harbor Patrol and
Waterfront DOC.
2016‐15
Current Harbor
facilities are old
early 60s type
construction – seismic
renovation needed
for safety
Deferred
Current Harbor facilities are early 60s type
construction that would not withstand a large
earthquake. Seismic evaluation is needed.
X
2016‐16 Mesa Lane Coastal
Access Completed
The lowest portion of the Mesa Lane steps was
replaced in 2012. Replacement of the upper
portion is deferred.
2016-17
Salsipuedes Street
Storm Drain
Improvement
Deferred
Potential improvements include the connection of
storm drain inlets on Micheltorena Street to the
existing storm drain on Salsipuedes Street and the
construction of a new storm drain pipe along
Salsipuedes and Victoria Streets. Pipes continue to
be identified; funding for the project is from
Measure C
X
2016 -18 Corrugated Metal
Pipe Repairs Deferred
Repair through slip lining or completely replace the
highest priority corrugated metal pipe drain lines
annually. Pipes are being identified; funding for
the project is from Measure C.
X
2016-19 Gutierrez Storm
Drain Improvements Canceled
Construct additional storm drains to reduce the
duration and severity of flooding when the
upstream storm drain system is overwhelmed. The
project is intended to improve the ability to remove
runoff from the area by providing increased inlet
7.0. Mitigation Strategy
106 February 2023
Mitigation
Action
No.
Mitigation Action
Description Status Comments In 2022 Update?
capacity and by providing larger conduits
between the street inlets and the box culverts
under Hwy 101.
Current funding for the project with Hazard
Mitigation Grant
2016-20 Goleta Slough Mouth
Management Deferred
The project will control the water level in the
Goleta Slough to minimize flood hazards, mosquito
population blooms, and waterfowl attractants that
pose a greater bird-strike risk. The project will be
designed to minimize adverse effects to the
Federally endangered tidewater goby and
steelhead trout, while avoiding significant flood
and bird-strike hazards such as those experienced
in November 2012, May 2013, and February
2014.
Currently waiting on Federal environmental
regulators
X
2016-21 Hollister Drainage
Improvement Deferred
The project includes establishing new swales to
connect to an existing culvert emptying to Carneros
Creek. To preserve the wetland habitat within the
project site, the swales will be “eco-channels” which
are constructed to allow a certain depth of water
to still fill the wetlands but now allow the water to
overflow into Hollister Avenue. There will be a
significant component of wetland
enhancement/planting to offset any detrimental
impacts of the project to the wetland habitat.
Continued wetland disruption.
X
2016-22 Sea Level Rise
Adaptation Plan Completed Comprehensive Sea Level Rise Adaptation Plan completed in 2021. 2016-23
Review/Revise the
City’s Critical
Facilities List
In Progress
Develop a more comprehensive list of Critical
Facilities that would include hospitals, skilled
nursing facilities, and private companies; as
applicable.
X
7.3 MITIGATION APPROACH
A simplified Benefit-Cost Review was applied to both deferred and new mitigation actions to prioritize the mitigation recommendations for implementation. The priority for implementing mitigation recommendations depends upon the overall cost-effectiveness of the recommendation when considering monetary and non-monetary costs and benefits associated with each action.
Additionally, the following questions were considered when developing the Benefit-Cost Review:
• How many people will benefit from the action?
• How large an area is impacted?
• How critical are the facilities that benefit from the action? • Environmentally, does it make sense to do this project for the overall community?
7.0. Mitigation Strategy
City of Santa Barbara Local Hazard Mitigation Plan 107
Annex to the Santa Barbara County Multi-Jurisdictional Hazard Mitigation Plan Section 7.4, Implementation Plan provides a benefit-cost review for each mitigation recommendation, as well as a relative priority rank (High, Medium, and Low) based upon the judgment of the Planning Team. The general category guidelines are listed below:
• High – Benefits are perceived to exceed costs without further study or evaluation • Medium – Benefits are perceived to exceed costs but may require further study or evaluation before implementation
• Low – Benefits and costs evaluation requires additional evaluation before implementation Discussion of the rationale for these priorities is included in the mitigation action descriptions below.
7.4 IMPLEMENTATION PLAN
2022-1. Pedregosa Storm Drain
Priority: High
Mitigation Strategy
Description
This storm drain was recorded as part of the Storm Drain System Data Collection and Inspection Services, Phase 2. The City retrieved a Pipeline Assessment Certification Program ranking on portions of this storm drain. The City is determining the priority and scope of repair for this known drainage issue. Additional video of the pipe will be necessary following a storm drain clearing effort as the first camera was unable to traverse debris in certain areas.
Relevant Objective Reducing significant flooding
Applicable Hazards Flood
Estimated Timeline for
Completion 2030
Estimated
Cost/Funding Source Measure C/Streets Capital Fund – estimated cost of project $700,000 Responsible
Agency/Department Public Works – Streets Division
Other Comments Adapted from 2016-1 in the 2016 LHMP
2022-2. Honda Valley Hillside Stabilization
Priority: High
Mitigation Strategy Description
Honda Valley Hillside Stabilization in a location of High-Pressure Gas line Serving the City.
An area near a roadway and private property where high-pressure gas lines are buried erodes frequently due to runoff and the steepness of the slope. This necessitates stabilization of the continually eroding hillside containing the gas line. An engineering consultant would prepare plans for slope stabilization and native revegetation, and infrastructure relocation if necessary.
Identify Funding
Prepare scope of work
Hire consultation firm to design job
7.0. Mitigation Strategy
108 February 2023
Acquire all necessary permits.
Write Specifications
Bid construction
Construct project
Relevant Objective
The benefits of public safety and a secure utility delivery would outweigh the likely financial costs of planning and implementation of a slope stabilization project.
Applicable Hazards Flooding, Landslide/Coastal Erosion
Estimated Timeline for Completion 2026
Estimated Cost/Funding Source
The benefits of public safety and a secure utility delivery would outweigh the likely financial costs of planning and implementation of a slope stabilization project.
Responsible Agency/Department Parks & Recreation – Parks Division Other Comments
City of Santa Barbara Parks and Recreation Department working with City of Santa Barbara Public Works and the Gas Company
Adapted from 2016-4 in the 2016 LHMP
2022-3. Hidden Valley Park Slope Stability
Priority: High
Mitigation Strategy Description
At numerous locations throughout the park, slope stability problems are reoccurring along steep creek banks causing public safety hazards from slides and flooding, as well as stability issues on private and public property that lines the park. Potential hazards to park users and public and private economic losses would be reduced if the slopes were stabilized.
Identify Funding
Hire consultation firm to design job
Acquire all necessary permits.
Write Specifications
Bid construction
Construct project
Relevant Objective Reduced risk to life and property from slides and flooding would outweigh likely fiscal costs.
Applicable Hazards Flooding
Estimated Timeline for Completion 2026
Estimated Cost/Funding Source Funding has not been specified Responsible Agency/Department Parks & Recreation – Parks Division Other Comments
City of Santa Barbara Parks and Recreation working with County of Santa
Barbara Flood Control and City of Santa Barbara Creeks Division.
Adapted from 2016-5 in the 2016 LHMP
7.0. Mitigation Strategy
City of Santa Barbara Local Hazard Mitigation Plan 109
Annex to the Santa Barbara County Multi-Jurisdictional Hazard Mitigation Plan 2022-4. Stevens Park Eastern Access Erosion Remediation Priority: High
Mitigation Strategy Description
The sole emergency access point to the majority of Stevens Park is subject to severe erosion, undercutting, potential slope failure, and substantial sedimentation into San Rogue Creek from storm damage and poor drainage. To reduce the hazard to life and property from slides and flooding and to maintain a functional flood control system the area must be repaired employing bank stabilization, revegetation, and appropriate drainage control.
Identify Funding
Prepare scope of work
Hire consultation firm to design job
Acquire all necessary permits.
Write Specifications
Bid construction
Construct project
Relevant Objective
The benefit of secure life and property and the preservation of an effective and ecologically sound creek system would outweigh the likely fiscal costs.
Applicable Hazards Flooding, Landslide/Coastal Erosion
Estimated Timeline for Completion 2024
Estimated Cost/Funding Source Funding has not been specified Responsible Agency/Department Parks & Recreation – Parks Division Other Comments
The benefit of secure life and property and the preservation of an effective and ecologically sound creek system would outweigh the likely fiscal costs.
Adapted from 2016-6 in the 2016 LHMP
2022-5. Francheschi Park/Mission Ridge Hillside Geotechnical Priority: High
Mitigation Strategy Description
Francheschi Park/Mission Ridge Hillside geotechnical stabilization of retaining wall
Improve storm drain infrastructure improvements
Relevant Objective Retaining wall is crucial to ingress and egress in the area; especially for evacuation and emergency response
Applicable Hazards Flooding, Landslide/Coastal Erosion
Estimated Timeline for Completion 2025
Estimated Cost/Funding Source Funding has not been specified Responsible Agency/Department Parks & Recreation – Parks Division Other Comments Adapted from 2016-7 in the 2016 LHMP
7.0. Mitigation Strategy
110 February 2023
2022-6. Bluff Retreat Management at Shoreline Park
Priority: High
Mitigation Strategy Description
Since the late ’90s, the Park’s bluff has been subject to numerous slides.
Management of sidewalks and parkway needs to be continually addressed.
Relevant Objective
Currently, the erosion of the park continues and will continue. Keeping the management of sidewalks and vegetation in the area is an ongoing issue.
Applicable Hazards Sea Level Rise, Landslide Coastal Erosion, Tsunami Estimated Timeline for Completion 2028
Estimated Cost/Funding Source Currently an unfunded project Responsible Agency/Department Parks & Recreation – Parks Division Public Works - Engineering
Other Comments Adapted from 2016-8 in the 2016 LHMP
2022-7. Rehabilitate Coastal Stairs at 1000 Steps
Priority: High
Mitigation Strategy Description
Coastal erosion to the access on the beach has been ongoing. The lower portion of the stairway needs to be rebuilt to maintain coastal access for first responders at this location.
Relevant Objective
Civil engineering plans are completed and permitting is in the process as of summer 2019. Construction is anticipated to be completed in summer 2022.
Applicable Hazards Sea Level Rise, Landslide/Coastal Erosion, Tsunami Estimated Timeline for Completion 2023
Estimated Cost/Funding Source $800,000
Responsible Agency/Department Parks & Recreation – Parks Division Public Works - Engineering
Other Comments Adapted from 2016-9 in the 2016 LHMP
2022-8. New Police Department
Priority: High
Mitigation Strategy Description The police building has been assessed by an outside architectural firm and has been determined that the building needs seismic renovation.
Relevant Objective Critical facility seismic renovation Applicable Hazards Earthquake
Estimated Timeline for Completion 2026
Estimated Cost/Funding Source Measure C Funding and potential bond will assist in funding the new Police Department - $96,000,000
Responsible Agency/Department Police Department
Community Development – Planning Division
Other Comments Adapted from 2016-10 in the 2016 LHMP
7.0. Mitigation Strategy
City of Santa Barbara Local Hazard Mitigation Plan 111
Annex to the Santa Barbara County Multi-Jurisdictional Hazard Mitigation Plan 2022-9. Unreinforced Retaining Walls and Unstable Slopes Priority: High
Mitigation Strategy Description
Many steep-sloped areas are subject to erosion and have already partially failed in areas due to past flooding events. Gravity and unreinforced retaining walls subject to landslides, earthquakes, and fires are at a higher risk of failing in an emergency event.
Reinforcement and replacement of the walls would protect infrastructure, access, and the residents of the Riviera. The City is determining whether an unreinforced wall on Marilyn Way is a good fit for LHP.
Relevant Objective
Erosions and landslides will hamper emergency responders from accessing these high fire areas and will drastically slow down calls times if these roads are hampered.
Applicable Hazards Flooding, Wildfire, Landslide/Coastal Erosion Estimated Timeline for Completion 2036
Estimated Cost/Funding Source $30,000,000
Responsible Agency/Department Public Works, Engineering Fire Dept., Fire Prevention Bureau, Wildland Specialist Other Comments Adapted from 2016-11 in the 2016 LHMP
2022-10. Seismic Upgrades to City Facility in the Harbor Priority: High
Mitigation Strategy Description Current Harbor facilities are old early 60s type construction – seismic renovation needed for safety
Relevant Objective Critical Facility needing seismic upgrades for safety Applicable Hazards Earthquake
Estimated Timeline for Completion 2032
Estimated Cost/Funding Source $5 Million
Responsible Agency/Department Waterfront – Operations Division Public Works – Engineering Division
Other Comments Adapted from 2016-15 in the 2016 LHMP
2022-11. Salsipuedes Street Storm Drain Improvements
Priority: High
Mitigation Strategy Description
The project first involves the study of existing public and private storm drain facilities beginning on Salsipuedes Street at Micheltorena Street and continuing south to Victoria Street. Potential improvements include the connection of storm drain inlets on Micheltorena Street to an existing storm drain on Salsipuedes Street and the construction of a new storm drain pipe along Salsipuedes and Victoria Streets.
Relevant Objective
Public Works will pursue the completion of an initial study and design for this project if grant funding or a cost-sharing agreement with County Flood Control can be secured to cover 50% of the cost for construction.
Applicable Hazards Flooding
7.0. Mitigation Strategy
112 February 2023
Priority: High
Estimated Timeline for Completion 2035
Estimated Cost/Funding Source $1,500,000
Responsible Agency/Department Public Works – Engineering Division Other Comments Adapted from 2016-17 in the 2016 LHMP
2022-12. Corrugated Metal Pipe Repairs
Priority: High
Mitigation Strategy Description
Studies done in several areas within the City noted many corrugated metal pipes would need to be replaced. This project would seek to repair through slip lining, spiral wound lining, or replacement of the highest priority corrugated metal pipe drain lines.
Relevant Objective
Many of the City-owned corrugated metal pipes were installed over 50 years ago and may require replacement. Due to the lack of funding for this project, repairs are typically only completed as emergency maintenance projects in response to failures evident at the street level (typically as sinkholes following rain events). 2019 – Currently pipes are being identified. The City will review findings from an ongoing Pipeline Assessment Certification Program and create a replacement plan
Applicable Hazards Flooding
Estimated Timeline for Completion 2028
Estimated Cost/Funding Source Measure C Funding - $20,000,000 Responsible Agency/Department Public Works – Engineering Division Other Comments Adapted from 2016-18 in the 2016 LHMP
2022-13. Goleta Slough Mouth Management
Priority: Medium
Mitigation Strategy Description
This project will control the water level in the Goleta Slough to minimize flood hazards, mosquito population blooms, and waterfowl attractants that pose a greater bird-strike risk. This project will be designed to minimize adverse effects to the Federally endangered tidewater goby and steelhead trout, while avoiding significant flood and bird-strike hazards such as those experienced in November 2012, May 2013, and February 2014.
Relevant Objective
The Federal Aviation Administration (FAA) requires that wildlife strike risk be avoided to the maximum extent feasible within environmental constraints. The Santa Barbara County Flood Control District completed an Environmental Impact Report for their maintenance activities, including slough mouth management in 2011.
2019 – Continue to work with environmental regulators.
Applicable Hazards Flooding, Sea Level Rise, Agricultural Pests/Disease, Commercial Aircraft
Estimated Timeline for Completion 2030
Estimated Cost/Funding Source Discussion with the County regarding potential mitigations. Funding sources include funding from FAA and the Airport. - $300,000
7.0. Mitigation Strategy
City of Santa Barbara Local Hazard Mitigation Plan 113
Annex to the Santa Barbara County Multi-Jurisdictional Hazard Mitigation Plan Priority: Medium
Responsible Agency/Department Airport – Operations Division Public Works – Engineering Division
Other Comments Adapted from 2016-20 in the 2016 LHMP
2022-14. Hollister Drainage Improvement
Priority: Medium
Mitigation Strategy Description
The project includes establishing new swales to connect to an existing culvert emptying to Carneros Creek. To preserve the wetland habitat within the project site, the swales will be “eco-channels” which are constructed to allow a certain depth of water to still fill the wetlands but now allow the water to overflow into Hollister Avenue. There will be a significant component of wetland enhancement/planting to offset any detrimental impacts of the project to the wetland habitat.
Relevant Objective
Hollister Avenue is an important access route to the Airport and needs to remain a safe and dependable route to the Airport in moderate and heavy rains. The project is consistent with Public Works Engineering standards that require roads to be adequately drained during a 10-year storm.
2019 – Not planned due to mitigating wetland disruptions.
Applicable Hazards Flooding
Estimated Timeline for Completion 2030
Estimated Cost/Funding Source Airport Project funding - $500,000 Responsible Agency/Department Airport – Operations Division Other Comments
The area south of Hollister Avenue and east and west of Los Carneros Way is twelve-acre moisture of upland and wetland habitats. The area is drained by several poorly defined swales, which have not been maintained for many years. In moderate storm events (3–5-year storms), the swales, which are severely choked by bulrush, back up with storm runoff and flood over Hollister Avenue. The depth of water on Hollister Avenue is as much as 12 inches and the road has to be closed for safety reasons.
Adapted from 2016-21 in the 2016 LHMP
2022-15. Review/Revise City’s Critical Facilities List
Priority: Medium
Mitigation Strategy Description
Develop a more comprehensive list of Critical Facilities that would include hospitals, skilled nursing facilities, and private companies; as applicable.
Relevant Objective
To have a comprehensive Hazard Mitigation Plan, the City will need to develop a critical infrastructure list that includes outside agencies and businesses, such as hospitals, skilled nursing facilities, dialysis clinics, etc.
Applicable Hazards All
Estimated Timeline for Completion 2023
Estimated Cost/Funding Source In-Kind staff cost
Responsible Agency/Department Finance – Risk Management
7.0. Mitigation Strategy
114 February 2023
Priority: Medium
Community Development – Long Range Planning Division
Fire – Office of Emergency Services
Other Comments Adapted from 2016-23 in the 2016 LHMP
2022-16. Sycamore Creek Flood Control and Restoration Project Priority: High
Mitigation Strategy Description
The proposed project is an effort to prevent flooding in the Lower Eastside, relieve major flow constriction points, and improve overall flow capacity and system reliability. Work consists of several bridge replacements and channel widening, along with additional improvements to the entire lower reach of Sycamore Creek.
Relevant Objective
The list of undersized bridges includes Indio Muerto Street Bridge, Zoo Bridge, El Escorial Bridge, Railroad Bridge, and the Por La Mar Bridge.
The reaches between the bridges are also significantly undersized.
Applicable Hazards Flooding
Estimated Timeline for Completion 2032
Estimated Cost/Funding Source $50,000,000
Responsible Agency/Department Public Works - Streets Division Other Comments
2022-17. Parma Park Debris Basin
Priority: High
Mitigation Strategy Description
The proposed project is an effort to prevent flooding and erosion along Sycamore Creek, its tributary areas, and downstream properties. Work consists of clearing debris and vegetation to restore the basin's capacity to its original conditions.
Relevant Objective Parma Park basin was impacted by the Thomas Fire and subsequent debris flows.
Applicable Hazards Flooding
Estimated Timeline for Completion 2030
Estimated Cost/Funding Source $5,000,000
Responsible Agency/Department Parks & Recreation – Parks Division Public Works – Streets Division
Other Comments
2022-18. Creeks Development Standards
Priority: Medium
Mitigation Strategy Description
Establish creek development standards for new development and redevelopment along the City’s creeks inland of the Coastal Zone and prepare or update guidelines for restoration, an increase of pervious surfaces, and appropriate land uses within designated creek buffers.
7.0. Mitigation Strategy
City of Santa Barbara Local Hazard Mitigation Plan 115
Annex to the Santa Barbara County Multi-Jurisdictional Hazard Mitigation Plan Priority: Medium
Relevant Objective
Protection and restoration of creeks and their riparian corridors is a priority for flood control in conjunction with adaptation planning for climate change.
Applicable Hazards Flooding
Estimated Timeline for Completion 2030
Estimated Cost/Funding Source $100,000/Grant or General Fund Responsible Agency/Department Community Development – Long Range Planning Division Other Comments
Creek development standards, specifically numeric development setbacks, protect from flood, erosion, and geologic hazards and provide an area for habitat support. Numeric creek setbacks and buffer standards have been developed in the Coastal Land Use Plan for the Coastal Zone. This project would provide appropriate standards for the inland areas of the City. The policy direction for this project is found in the 2011 Environmental Resources Element and 2012 Climate Action Plan.
2022-19. Automatic Reservoir Isolations Valves
Priority: High
Mitigation Strategy Description
The City’s 14 potable water reservoirs should be retrofitted with automatic isolation valves, which would shut in the event of a water main break caused by an earthquake or other force.
Relevant Objective
The reservoirs all range in capacity from 1 to 10 million gallons.
Retrofitting each reservoir with automatic isolation valves is important for protecting the City’s water supply from an earthquake event and also protecting surrounding structures from a flood event resulting from a free-flowing pipe from the reservoir.
Applicable Hazards Earthquake, Flooding
Estimated Timeline for Completion 2025
Estimated Cost/Funding Source $1,400,000
Responsible Agency/Department Public Works – Water Resources Division Other Comments
2022-20. Automated Metering Infrastructure (AMI) Program Priority: High
Mitigation Strategy Description
The City currently manually reads its 27,000 meters monthly. In the event of a private property leak, a month might pass before the meter is read and the leak is noticed because of the high use registered by the meter.
Relevant Objective
AMI would provide the infrastructure to enable leak notification 24 hours within the leak incident, thus eliminating high amounts of water loss. AMI would be a significant tool for helping conserve water Citywide.
Applicable Hazards Earthquake, Wildfire, Drought
Estimated Timeline for Completion 2023
7.0. Mitigation Strategy
116 February 2023
Priority: High
Estimated Cost/Funding Source
This project is partially funded through the City’s Capital Program. In addition, the City has received a grant for $1,500,000 from the Federal Bureau of Reclamation for Phase II implementation.- $6,802,000
Responsible Agency/Department Public Works – Water Resources Division Other Comments
The City is nearing the completion of the installation of compatible meters. Pilot testing of a limited number of meters is complete. The City is starting Phase II which is the AMI Implementation Phase in which smart meter communication equipment will be installed, data storage created and, a customer interface set up. Once Phase II is complete, the project will be complete
2022-21. El Estero WRC – Chlorine Contact Chamber Bypass Priority: High
Mitigation Strategy Description
Many of the structural components are past their useful life, such as baffle walls, flow control gates, and monitoring devices. Upgrading the structure and equipment will reduce the risk of failure due to natural disasters, such as floods, earthquakes, fires, and associated power disruptions.
Relevant Objective
Applicable Hazards Earthquake, Flooding, Wildfire, Sea Level Rise Estimated Timeline for Completion 2023
Estimated Cost/Funding Source Wastewater Capital Funds - $1,500,000 Responsible Agency/Department Public Works – Water Resources Division Other Comments
2022-22. El Estero WRC – New DAFT and GT
Priority: High
Mitigation Strategy Description
Many of the structural components and equipment are past their useful life, such as weirs, rotating equipment, walkways, and stairs.
Upgrading the structure and equipment will reduce the risk of failure due to natural disasters, such as floods, earthquakes, fires, and associated power disruptions.
Relevant Objective Maintain human health and safety and preserve the environment Applicable Hazards Earthquake, Flooding, Wildfire, Sea Level Rise Estimated Timeline for Completion 2026
Estimated Cost/Funding Source Wastewater Capital Funds - $6,400,000 Responsible Agency/Department Public Works – Water Resources Division Other Comments
7.0. Mitigation Strategy
City of Santa Barbara Local Hazard Mitigation Plan 117
Annex to the Santa Barbara County Multi-Jurisdictional Hazard Mitigation Plan 2022-23. El Estero WRC – Digester Upgrades
Priority: High
Mitigation Strategy Description
This project will result in a third digester being constructed. This third digester will reduce the risk of failure due to natural disasters that may subject the older digesters to failure.
Relevant Objective
A new digester will allow this critical wastewater treatment process to continue to operate during floods, earthquakes, and power failures due to wildfires. This new digester will also allow for El Estero to operate independently from Southern California Edison and the power grid during a natural disaster.
Applicable Hazards Earthquake, Flooding, Wildfire, Sea Level Rise Estimated Timeline for Completion 2042
Estimated Cost/Funding Source Wastewater Capital Funds - $14,600,000 Responsible Agency/Department Public Works – Water Resources Division Other Comments
2022-24. El Estero WRC – Electrical Distribution Upgrade Project Priority: High
Mitigation Strategy Description
The Electrical Distribution System Upgrade project will replace the substations and electrical equipment that is outdated and past useful life.
Relevant Objective
The new electrical substations and equipment will be designed with redundancy and features that will allow the important wastewater treatment facilities to run independently on internally generated power. This redundancy and power independence will allow the wastewater treatment process to be maintained during earthquakes, floods, and wildfires. The project is in the final design stage.
Applicable Hazards Earthquake, Flooding, Wildfire, Sea Level Rise Estimated Timeline for Completion 2026
Estimated Cost/Funding Source SRF – $30,200,000
Responsible Agency/Department Public Works – Water Resources Division Other Comments
2022-25. Community Resilience Plans and Hubs
Priority: High
Mitigation Strategy Description
Develop community resilience plans including a comprehensive database of relief resources in the event of a disaster and neighborhood-level Community Resilience Hubs to improve initial emergency response, subsequent recovery, and ongoing selfsufficiency. Resilience hubs are community-serving facilities augmented to support residents, coordinate communication, distribute resources, and reduce carbon pollution while enhancing the quality of life. The plans will define, identify, and analyze the logistical and economic feasibility of Community Resilience Hubs and develop a comprehensive implementation and operations plan for several Community Resilience Hubs in the City. Execute elements needed for the resilience hubs,
7.0. Mitigation Strategy
118 February 2023
Priority: High
including but not limited to installing energy generation and storage, building upgrades, and improvements necessary for services.
Relevant Objective
Applicable Hazards
Earthquake, Flooding, Wildfire, Sea Level Rise, Drought, Agricultural Pests/Disease, Epidemic/Pandemic, HazMat Release, Oil Spills, Landslide/Coastal Erosion, Tsunami, Dam Failure, Commercial Aircraft, Terrorism, Cyber Threat
Estimated Timeline for Completion 2025
Estimated Cost/Funding Source $250,000-$1,500,000 depending on scope and implementation Responsible Agency/Department Community Development and Sustainability and Resilience Other Comments
2022-26. Water System Reservoirs Seismic Evaluation and Other Upgrades Priority: High
Mitigation Strategy Description
The City’s 13 potable water reservoirs would be evaluated for seismic code deficiencies and other needed upgrades as necessary. The reservoirs all range in capacity from 1 to 10 million gallons.
Relevant Objective
Seismically retrofitting and upgrading aging equipment in each reservoir is important for protecting the City’s water supply from an earthquake event and also for protecting surrounding structures from a flood event resulting from a failed reservoir.
Applicable Hazards Earthquake, Flooding
Estimated Timeline for Completion 2022
Estimated Cost/Funding Source Capital Program funding - $173,000 Responsible Agency/Department Public Works – Water Resources Division Other Comments
2022-27. Transfer of Development Rights (TDR) Program
Priority: Low
Mitigation Strategy Description
Develop a TDR Program that allows the transfer of residential density from the City’s High Fire Hazard Areas to High-Density residential land use designations.
Relevant Objective Reduce residential density in High Fire Hazard Areas Applicable Hazards Wildfire
Estimated Timeline for Completion 2030
Estimated Cost/Funding Source $100,000/Grant or General Fund Responsible Agency/Department Community Development Dept. – Long Range Planning Division Other Comments
Residential growth within the City is encouraged in the existing urban areas, rather than the front-country areas most subject to wildfire risk.
The City’s General Plan Update of 2011 did not change land use designations or increase development potential within High Fire Hazard Areas; however, this project would implement a policy that proposes to limit new development in High Fire Hazard Areas by
7.0. Mitigation Strategy
City of Santa Barbara Local Hazard Mitigation Plan 119
Annex to the Santa Barbara County Multi-Jurisdictional Hazard Mitigation Plan Priority: Low
offering incentives and/or an option to transfer development rights to urban areas. The policy direction for this project is found in the 2011 Land Use Element and 2012 Climate Action Plan.
2022-28. El Estero WRC – Solids Handling
Priority: High
Mitigation Strategy Description
The Solids Handling project includes Sludge Holding Tank replacement, Dewatering Building structural upgrades, conveyance/truck loading, and polymer system upgrades.
Relevant Objective
The construction of the new structures will bring these facilities up to earthquake standards reducing the risk of failure to structures and important wastewater processes within these structures during earthquakes. Also, the new facilities will allow the important wastewater process of dewatering to continue during floods or power failures due to wildfire
Applicable Hazards Earthquake, Flooding, Wildfire, Sea Level Rise Estimated Timeline for Completion 2030
Estimated Cost/Funding Source SRF – $23,270,000
Responsible Agency/Department Public Works – Water Resources Division Other Comments
2022-29. Desal Intake Pump Platforms Hardening Project
Priority: High
Mitigation Strategy Description
With the recent start-up of the City’s Desalination Facility, it was found that the Intake Pump Platforms are not fully supported by the ocean floor.
Relevant Objective
The platforms were originally pinned to the sandy, ocean bottom with vertical pilings in the 1990s. The pilings lack adequate scour protection. Currently, one of the platforms was found to be without any sand support to a depth of 18” below the bottom of the slab. Only the friction with the pilings is holding the slabs from dropping. Failure of the platforms would result in the interruption of raw water supplies to the Desalination Plant.
Applicable Hazards Earthquake, Landslide/Coastal Erosion, Tsunami Estimated Timeline for Completion 2023
Estimated Cost/Funding Source Hazard Mitigation Grant Program and Water Capital funds as the grant match – $4,200,000
Responsible Agency/Department Public Works – Water Resources Division Other Comments
2022-30. Castillo Street Capacity Improvement Project
Priority: High
Mitigation Strategy Description This project would divert flow from the existing trunk sewer on the west side of Highway 101.
7.0. Mitigation Strategy
120 February 2023
Priority: High
Relevant Objective
The new pipeline would follow Castillo Street from Pedregosa Street to Haley Street, where it would reconnect to the existing system. The existing trunk sewer cannot convey wet weather peak flows.
Applicable Hazards Earthquake, Flooding,
Estimated Timeline for Completion 2025
Estimated Cost/Funding Source Wastewater Collection Capital Funds - $3,201,000 Responsible Agency/Department Public Works – Water Resource Division Other Comments
2022-31. Milpas Street Capacity Improvement Project
Priority: High
Mitigation Strategy Description This project would provide relief for an undersized existing 6-inch pipe between Alphonse Street and Ortega Street.
Relevant Objective
Model results indicate the pipe currently has limited capacity during storm events and cannot convey the peak wet weather flow without surcharging the system.
Applicable Hazards Earthquake, Flooding
Estimated Timeline for Completion 2025
Estimated Cost/Funding Source Wastewater Collection Capital Funds - $82,000 Responsible Agency/Department Public Works – Water Resources Division Other Comments
2022-32. Nopal Street Capacity Improvement Project
Priority: High
Mitigation Strategy Description
At Nopal Street and De La Guerra Street, a short reach of 6-inch pipe is a hydraulic bottleneck, which has difficulties conveying wet weather peak flows.
Relevant Objective This project would provide a parallel pipe to support the bottleneck and prevent a surcharge in the system.
Applicable Hazards Earthquake, Flooding
Estimated Timeline for Completion 2025
Estimated Cost/Funding Source Wastewater Collection Capital Funds - $35,000 Responsible Agency/Department Public Works – Water Resources Division Other Comments
2022-33. Olive Street Capacity Improvement Project
Priority: High
Mitigation Strategy Description This project would provide relief for an existing 8-inch pipe in Olive Street from Cota Street to Haley Street.
Relevant Objective The existing pipe is a hydraulic bottleneck that does not convey the peak wet weather flow for preventing a system surcharge.
7.0. Mitigation Strategy
City of Santa Barbara Local Hazard Mitigation Plan 121
Annex to the Santa Barbara County Multi-Jurisdictional Hazard Mitigation Plan Priority: High
Applicable Hazards Earthquake, Flooding
Estimated Timeline for Completion 2030
Estimated Cost/Funding Source Wastewater Collection Capital Funds – $174,000 Responsible Agency/Department Public Works – Water Resources Division Other Comments
2022-34. Ortega Street Capacity Improvement Project
Priority: High
Mitigation Strategy Description
Between Laguna Street and Garden Street, an existing 6-inch pipe is a hydraulic bottleneck that does not convey wet weather flow capacity.
Relevant Objective This project would provide a parallel pipe to support the bottleneck and prevent a surcharge in the system.
Applicable Hazards Earthquake, Flooding
Estimated Timeline for Completion 2030
Estimated Cost/Funding Source Wastewater Collection Capital Funds - $107,000 Responsible Agency/Department Public Works – Water Resources Division Other Comments
2022-35. Quarantina Street Capacity Improvement Project Priority: High
Mitigation Strategy Description
This project would start near the intersection of Ortega Street and the extension of Nopal Street. It would provide wet weather capacity to carry flows southwest in Ortega Street and then southeast in Quarantina Street.
Relevant Objective
Applicable Hazards Earthquake, Flooding
Estimated Timeline for Completion 2025
Estimated Cost/Funding Source Wastewater Collection Capital Funds - $650,000 Responsible Agency/Department Public Works – Water Resources Division Other Comments
2022-36. State Street Capacity Improvement Project
Priority: High
Mitigation Strategy Description
This project would provide additional wet weather capacity in State Street in front of La Cumbre Plaza and would address the restriction in the current siphon under Arroyo Burro.
Relevant Objective Maintains human health and safety and preserves the environment Applicable Hazards Earthquake, Flooding
Estimated Timeline for Completion 2025
7.0. Mitigation Strategy
122 February 2023
Priority: High
Estimated Cost/Funding Source Wastewater Collection Capital Funds - $541,000 Responsible Agency/Department Public Works – Water Resources Division Other Comments
2022-37. Various Collection System Pipe Segments Capacity Improvement Project Priority: High
Mitigation Strategy Description
This project would address wet weather capacity constraints throughout the collection system. These pipes are currently unable to convey peak wet weather flows without surcharging the system.
Relevant Objective Maintains human health and safety and preserves the environment Applicable Hazards Earthquake, Flooding
Estimated Timeline for Completion 2030
Estimated Cost/Funding Source Wastewater Collection Capital Funds - $13,000,000 Responsible Agency/Department Public Works – Water Resources Division Other Comments
2022-38. Rattlesnake Sewer Crossing Project
Priority: High
Mitigation Strategy Description
A sewer main supported on a pipe bridge conveys sewage across Rattlesnake Creek where it joins the remainder of the sewage conveyance system to the wastewater treatment plant.
Relevant Objective
This project would replace the pipe bridge that carries the sewer main across the creek with a directionally drilled pipe under the creek and a lift station. The pipe bridge is exposed and vulnerable and its length makes it cost-prohibitive to strength. In addition, strengthening would require extensive environmental review and mobilization in a creek.
Failure of the pipe would spill sewage into the creek.
Applicable Hazards Earthquake, Flooding
Estimated Timeline for Completion 2028
Estimated Cost/Funding Source Currently, there is funding for this project - $1,000,000 Responsible Agency/Department Public Works – Water Resources Division Other Comments
2022-39. El Camino de la Luz Sewer Crossing Project
Priority: High
Mitigation Strategy Description
A sewer main supported on a pipe bridge conveys sewage across a ravine where it joins the remainder of the sewage conveyance system to the wastewater treatment plant.
Relevant Objective
This project would replace the pipe bridge that carries the sewer main across the ravine by rerouting it through city streets. The pipe bridge is exposed and vulnerable and its length makes it cost-prohibitive to
7.0. Mitigation Strategy
City of Santa Barbara Local Hazard Mitigation Plan 123
Annex to the Santa Barbara County Multi-Jurisdictional Hazard Mitigation Plan Priority: High
strengthen. In addition, strengthening would require extensive environmental review and mobilization in a creek. Failure of the pipe would spill sewage into the ravine and potentially carry sewage to the ocean.
Applicable Hazards Earthquake, Flooding, Landslide/Coastal Erosion Estimated Timeline for Completion 2025
Estimated Cost/Funding Source Currently, there is no funding for this project - $1,000,000 Responsible Agency/Department Public Works – Water Resources Division Other Comments
2022-40. Wastewater Generator Containment Project
Priority: High
Mitigation Strategy Description
This project would install containment around the generators throughout the wastewater treatment plant and collection system to prevent the spill of oil in the event of an earthquake.
Relevant Objective Maintains human health and safety and preserves the environment Applicable Hazards Earthquake
Estimated Timeline for Completion 2025
Estimated Cost/Funding Source Currently, there is no funding for the project - $700,000 Responsible Agency/Department Public Works – Water Resources Division Other Comments
2022-41. Braemar Flood Wall Project
Priority: High
Mitigation Strategy Description
This project would install a floodwall around the Braemar Lift Station to prevent inundation during flooding or dam failure and as prevention against sea level rise.
Relevant Objective
Braemar Lift Station is the largest lift station belonging to the City pumping approximately 1041 gal/min of sewage. The pump station sits next to the Arroyo Burro Creek and is vulnerable to flooding, dam failure, and sea level rise.
Applicable Hazards Flooding, Sea Level Rise, Dam Failure Estimated Timeline for Completion 2023
Estimated Cost/Funding Source SRF – 100,000
Responsible Agency/Department Public Works – Water Resources Division Other Comments Final design in progress. City preparing SRF funding application 2022-42. Creek Crossing Projection Project
Priority: High
Mitigation Strategy Description
This project would move sewer pipelines that are exposed on the sides of bridges to a place underneath the bridge for better protection during a high flow event or in the event of a landslide.
7.0. Mitigation Strategy
124 February 2023
Priority: High
Relevant Objective Maintains human health and safety and preserves the environment Applicable Hazards Flooding, Landslide/Coastal Erosion
Estimated Timeline for Completion 2029
Estimated Cost/Funding Source Currently, there is no funding for this project - $7,000,000 Responsible Agency/Department Public Works – Water Resources Division Other Comments
2022-43. Central Library Backup Power
Priority: High
Mitigation Strategy Description
The Santa Barbara Public Library (SBPL) does not currently have any form of backup power. SBPL is a safe place during times of disaster and emergency, providing trusted information and serving as a place of refuge to the most vulnerable populations. Battery energy storage systems are the preferred source of backup power.
Relevant Objective
SBPL is also considered a cooling center during times of extreme heat.
Additionally, with the advent of the Public Safety Power Shutdown, the Library must have an alternate source of power. On a typical day, SBPL welcomes over 1500 visitors and this number is often doubled during outages and/or emergencies. This project proposes the installation of a portable backup generator and associated infrastructure costs to serve the Library.
Applicable Hazards Power Outages
Estimated Timeline for Completion 2023
Estimated Cost/Funding Source
Purchase the portable generator and trailer to include the necessary retrofitting of the Library. The estimated cost is $300,000; there is currently no funding for this project
Responsible Agency/Department
Resilience & Sustainability
Public Works – Facilities
Library - Administration
Other Comments
2022-44. Collection System Freeway Crossing Project
Priority: High
Mitigation Strategy Description This project will assess collection system pipes that run under the 101 freeway and recommend repairs, realignment, and/or abandonment.
Relevant Objective
This project will harden the current infrastructure and make this part of the collection system easier to operate and maintain. It will provide reliability during earthquake events.
Applicable Hazards Earthquake
Estimated Timeline for Completion 2023
Estimated Cost/Funding Source Wastewater Capital Funds – $5,800,000 Responsible Agency/Department Public Works, Water Resources Division - Wastewater Systems
7.0. Mitigation Strategy
City of Santa Barbara Local Hazard Mitigation Plan 125
Annex to the Santa Barbara County Multi-Jurisdictional Hazard Mitigation Plan Priority: High
Other Comments
The alternative analysis phase is in progress. Once a preferred alternative for consolidation and repair is determined, the final design of the project will begin.
2022-45. Lower Elevation Sewer Collection System
Priority: High
Mitigation Strategy Description
The sewer collection system located south of the 101 freeway sits at a lower elevation that is at risk of becoming inundated with any rain or flooding event, which may lead to failure of the system.
Relevant Objective
Reinforcement of the underground collection system and the sealing of the manhole covers will be required to protect the system from infiltration and potential damage
Applicable Hazards Flooding, Sea Level Rise, Tsunami
Estimated Timeline for Completion 2035
Estimated Cost/Funding Source Wastewater Collections Capital Improvement Program - $20,000,000 Responsible Agency/Department Public Works – Water Resources Division – Wastewater Collections Other Comments
2022-46. Cater Clearwell Seismic Upgrade
Priority: High
Mitigation Strategy Description
The clearwell is a 5-million gallon finished water reservoir at the Cater Water Treatment Plant that was constructed in 1965. It has not had significant structural improvements since that time. It is believed that the buried clearwell, which is topped with two feet of soil, is overloaded and does not meet current seismic standards. In addition, it is a single point of failure having no bypass for distribution of water produced by the Cater Water Treatment Plant.
Relevant Objective Maintains safe drinking water for human health and safety Applicable Hazards Earthquake, Wildfire, Drought
Estimated Timeline for Completion 2025
Estimated Cost/Funding Source Water Capital Fund, Joint Powers Agreement – $1,500,000 Responsible Agency/Department Public Works, Water Resources Division – Water Systems Other Comments In the planning stages
2022-47. Water Conveyance Main
Priority: High
Mitigation Strategy Description
This project would install a pipeline in the downtown area of the City to convey water from the desalination plant to the Cater Water Treatment Plant where it can be distributed to the entire City.
Relevant Objective Currently, water from the desalination plant is used in the downtown area of the City only. In the case of a natural disaster where the flow
7.0. Mitigation Strategy
126 February 2023
Priority: High
from Lake Cachuma or Gibraltar Reservoir is interrupted, the entire City would be able to receive water.
Applicable Hazards Earthquake, Wildfire, Drought
Estimated Timeline for Completion 2023
Estimated Cost/Funding Source Water Capital Funds, IRWM grant, Water Sales Agreement with Montecito Water District - $20,500,000
Responsible Agency/Department Public Works, Water Resources Division - Water Systems Other Comments The final design is complete. The final execution of the Water Sales Agreement is needed to begin construction
2022-48. Desalination Project Water Pump Station
Priority: High
Mitigation Strategy Description
This project would install a pump station at the desalination plant to convey water from the desalination plant to the Cater Water Treatment Plant where it can be distributed to the entire City.
Currently, water from the desalination plant is used in the downtown area of the City only. In the case of a natural disaster where the flow from Lake Cachuma or Gibraltar Reservoir is interrupted, the entire City would be able to receive water.
Relevant Objective Maintains safe drinking water for human health and safety Applicable Hazards Earthquake, Wildlife, Drought
Estimated Timeline for Completion 2023
Estimated Cost/Funding Source Water Capital Funds, Water Sales Agreement with Montecito Water District - $4,000,000
Responsible Agency/Department Public Works – Water Resources Division – Water Systems Other Comments Final Design is beginning
2022-49. Water Transmission Main Renewal
Priority: High
Mitigation Strategy Description
This four-part project will perform maintenance on and add resilience to the main pipelines that convey water throughout the City. A portion of this project will harden piping along the route needed to convey water from the desalination plant to the Cater Water Treatment Plant where it can be distributed to the entire City. This project will be in two phases, also renew the main transmission pipeline from the Cater Water Treatment Plant to Vic Trace reservoir. The final phase will install a system to cathodically protect the metal pipeline thereby extending pipeline life.
Relevant Objective Maintains safe drinking water for human health and safety Applicable Hazards Earthquake, Wildfire, Drought
Estimated Timeline for Completion 2025
Estimated Cost/Funding Source Water Capital Funds, Water Sales Agreement with Montecito Water District (only Phase One) - $3,500,000
Responsible Agency/Department Public Works – Water Resources Division – Water Systems
7.0. Mitigation Strategy
City of Santa Barbara Local Hazard Mitigation Plan 127
Annex to the Santa Barbara County Multi-Jurisdictional Hazard Mitigation Plan Priority: High
Other Comments Design is in progress
2022-50. Cater Yard Piping Project
Priority: High
Mitigation Strategy Description
This project would install a pipeline at the Cater Water Treatment Plant to allow water from the desalination plant to be piped into the Cater Water Treatment Plant Clearwell where it can be distributed to the entire City. Currently, water from the desalination plant is used in the downtown area of the City only. In the case of a natural disaster where the flow from Lake Cachuma or Gibraltar Reservoir is interrupted, the entire City would be able to receive water.
Relevant Objective Maintains safe drinking water and human safety Applicable Hazards Earthquake, Wildfire, Drought
Estimated Timeline for Completion 2023
Estimated Cost/Funding Source Water Capital Funds, Water Sales Agreement with Montecito Water District - $1,200,000
Responsible Agency/Department Public Works, Water Resources Division – Water Systems Other Comments In the planning stages
2022-51. Sheffield Pump Station Rehabilitation
Priority: High
Mitigation Strategy Description
This pump station was constructed in 1982 and is nearing the end of its useful life. It is the City’s largest pump station and is critical for supplying water to the upper reaches of the City’s water distribution system by pumping water from the Cater Water Treatment Plant to Hoover and McLaughlin Reservoirs. Rehabilitation of this pump station will ensure the City’s ability to supply water to several high fire danger areas in case of an emergency.
Relevant Objective Maintain safe drinking water and human safety Applicable Hazards Earthquake, Wildfire
Estimated Timeline for Completion 2025
Estimated Cost/Funding Source Water Capital Fund – $166,000 Responsible Agency/Department Public Works – Water Resources Division – Water Systems Other Comments
2022-52. Vic Trace Reservoir Replacement
Priority: High
Mitigation Strategy Description
This reservoir was constructed in 1956 and has a capacity of ten million gallons. It is one of the City’s larger reservoirs and is critical for supplying water to the lower portion of the City’s water distribution system. Work has been recommended to improve the operations and maintenance of this reservoir and to increase the flexibility of supplying the water distribution system.
7.0. Mitigation Strategy
128 February 2023
Priority: High
Relevant Objective This reservoir is critical for supplying water in fire emergencies to the coastal and coastal interior high fire hazard areas.
Applicable Hazards Earthquake, Wildfire
Estimated Timeline for Completion 2025
Estimated Cost/Funding Source SRF – $40,000,000
Responsible Agency/Department Public Works – Water Resources Division – Water Systems Other Comments
2022-53. Via Lucero Lift Station and Force Main
Priority: High
Mitigation Strategy Description
The project will rehabilitate the Via Lucero Lift Station and reroute the force main to provide redundancy to the existing system that has limited capacity during storm events and cannot convey the peak wet weather flow.
Relevant Objective Objective 2.A: Mitigate vulnerability structures and public infrastructure including facilities, roadways, and utilities
Applicable Hazards Flooding
Estimated Timeline for Completion 2025
Estimated Cost/Funding Source $1,000,000
Responsible Agency/Department Water Resources/Public Works Other Comments
2022-54. Alameda Well Pipeline to Ortega Groundwater Treatment Plan Priority: High
Mitigation Strategy Description
The Alameda Well accesses one of the City’s primary groundwater basins, Storage Unit 1 (in the general vicinity of downtown); however, water quality is relatively poor. The purpose of the proposed project is to install approximately 3,300 feet of new raw water main from the existing Alameda Well in Alameda Park to a tie-in point in the intersection of Olive Street and Anapamu Street, to the existing raw water main. Once tied in, the raw water main system will convey the raw water from Alameda Well to the Ortega Groundwater Treatment Plant to treat it for potable use, further adding to the City’s available water supply and resiliency to drought.
Relevant Objective Objective 2.A: Mitigate vulnerability structures and public infrastructure including facilities, roadways, and utilities
Applicable Hazards Drought
Estimated Timeline for Completion 2023
Estimated Cost/Funding Source $1,500,000
Responsible Agency/Department City of Santa Barbara/Public Works/Water Resources Other Comments
7.0. Mitigation Strategy
City of Santa Barbara Local Hazard Mitigation Plan 129
Annex to the Santa Barbara County Multi-Jurisdictional Hazard Mitigation Plan 2022-55. Bilingual Outreach and Education campaign for Energy Assurance, Hazard Adaptation, and Climate Measures
Priority: Medium
Mitigation Strategy Description
Develop and implement bilingual outreach and education campaigns around energy and climate initiatives, including but not limited to energy resilience, climate adaptation, climate mitigation strategies.
Relevant Objective Disaster planning, recovery, and relief. Energy resilience. Climate change. Sea-level rise. Public Outreach.
Applicable Hazards Climate change; sea-level rise; energy outages; disaster relief.
Estimated Timeline for Completion 2023
Estimated Cost/Funding Source $100,000
Responsible Agency/Department Sustainability and Resilience Other Comments
2022-56. Community Energy Assurance
Priority: High
Mitigation Strategy Description
Conduct site assessments, feasibility studies, and implementation plans for community-wide energy assurance projects. Projects may include community-scale energy generation and storage, microgrid deployment, vehicle to grid technologies, and demand response programs.
Relevant Objective Disaster planning, recovery, and relief. Energy resilience. Climate change.
Applicable Hazards Energy outages; disaster relief; climate change Estimated Timeline for Completion 2023
Estimated Cost/Funding Source $300,000-$700,000 depending on scope Responsible Agency/Department Sustainability and Resilience Other Comments
2022-57. Clean Energy Assurance for City Facilities, Emergency Operations, and City Fleet Priority: High
Mitigation Strategy Description
Scope and implement clean energy generation and storage for critical municipal facilities, City emergency operations, and the City’s fleet.
Ensure functionality during energy outages.
Relevant Objective Disaster planning, recovery, and relief. Energy resilience. Climate change.
Applicable Hazards Disaster planning, recovery, and relief. Energy resilience. Climate change.
Estimated Timeline for Completion 2023
Estimated Cost/Funding Source $200,000-$2,000,000 depending on scope Responsible Agency/Department Sustainability and Resilience Other Comments
7.0. Mitigation Strategy
130 February 2023
2022-58. Disaster Debris Management Plan Implementation Priority: High
Mitigation Strategy Description
Build upon the Santa Barbara County Debris Management Plan by assessing, securing, and permitting appropriate temporary debris storage, disposal, and discharge sites and developing processes for the City of Santa Barbara to support regional debris management during and following a disaster. Debris-generating events include windstorms, flooding, debris flows, mudslides, earthquake, wildland fires, and other incidents. Appropriate sediment sources could also potentially be used for beach nourishment and other erosion mitigation efforts.
Relevant Objective Disaster planning and recovery.
Applicable Hazards Windstorm, flooding, debris flows, mudslides, earthquake, wildland fire, and other incidents
Estimated Timeline for Completion 2024
Estimated Cost/Funding Source $250,000
Responsible Agency/Department Sustainability and Resilience and Public Works Other Comments
2022-59. Airport Sea-Level Rise Adaptation Plan
Priority: High
Mitigation Strategy Description
Building upon the previously completed Goleta Slough Sea-Level Rise Assessment, study adaptation actions for the Airport, including adaptations options for the impacted stormwater system.
Relevant Objective Would prepare airport for sea level rise.
Applicable Hazards Sea-level rise; flooding
Estimated Timeline for Completion 2023
Estimated Cost/Funding Source $250,000
Responsible Agency/Department Airport; Sustainability and Resilience Other Comments
2022-60. Changes to Development Floodplain Regulations and Creek Setbacks Priority: High
Mitigation Strategy Description
Modify the City’s floodplain regulations and creek setbacks south of Highway 101 for new and substantially redeveloped structures to address increased flood risks associated with sea level rise and extreme rainfall events. Develop incentives for floodproofing and raising existing structures (permit streamlining or relief from design, zoning, or height requirements) south of Highway 101 and other areas of the City with projected increases in flooding from sea-level rise and extreme rainfall events.
Relevant Objective Would prevent damages to structures during flooding Applicable Hazards Sea level rise; flooding; climate change Estimated Timeline for Completion 2025
Estimated Cost/Funding Source $100,000
7.0. Mitigation Strategy
City of Santa Barbara Local Hazard Mitigation Plan 131
Annex to the Santa Barbara County Multi-Jurisdictional Hazard Mitigation Plan Priority: High
Responsible Agency/Department Sustainability and Resilience Other Comments
2022-61. Sea-Level Rise Groundwater Impacts and Adaptation Options Study Priority: High
Mitigation Strategy Description
Study existing groundwater elevations, freeboard from typical levels up to flood threshold, and potential impacts of sea-level rise. Study the potential of raised groundwater levels to spread contamination. Study feasibility of groundwater pumping to lower the water table.
Relevant Objective Would prevent damage to infrastructure and buildings from corrosion and other groundwater impacts
Applicable Hazards Sea-level rise; flooding
Estimated Timeline for Completion 2025
Estimated Cost/Funding Source $150,000
Responsible Agency/Department Sustainability and Resilience; Other Comments
2022-62. Harbor Breakwater and Groins
Priority: High
Mitigation Strategy Description
The City’s recently completed Sea-Level Rise Adaptation Plan identified critical facilities that are vulnerable to sea level rise and prioritized actions to adapt. Conduct a feasibility study and concept design for raising or modifying Harbor breakwater, rock groin, sand spit, and walkway and wall spanning from the breakwater to the Harbor commercial area to reduce impacts from existing storm surges and address the impacts of sea-level rise. This will protect not just the Harbor, but also continue to protect the West Beach neighborhood.
Relevant Objective Objective 2.A: Mitigate vulnerability structures and public infrastructure including facilities, roadways, and utilities
Applicable Hazards Sea-level rise; flooding; storm surge and waves; tsunami Estimated Timeline for Completion 2024
Estimated Cost/Funding Source $200,000
Responsible Agency/Department Waterfront and Sustainability and Resilience Other Comments Upon completion of the feasibility and alternatives analysis, a capital project will be programmed in future years.
2022-63. Laguna Creek, Tide Gate, and Pump Station Redesign Priority: High
Mitigation Strategy Description
The City’s recently completed Sea-Level Rise Adaptation Plan identified critical facilities that are vulnerable to sea level rise and prioritized actions to adapt. Redesign the Laguna Creek tide gate, pump station, and channel to accommodate sea level rise and increased creek discharge flooding from changes in rainfall runoff. The
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132 February 2023
Priority: High
project includes the creation of a Laguna Creek conceptual plan, infrastructure relocation alternatives analysis, beach berm analysis, and updated hydrologic and biological studies. The tide gate already overtops during some high tide events and storm surges.
Relevant Objective Objective 2.A: Mitigate vulnerability structures and public infrastructure including facilities, roadways, and utilities
Applicable Hazards Sea-level rise; flooding; tsunami
Estimated Timeline for Completion 2025
Estimated Cost/Funding Source $350,000
Responsible Agency/Department Sustainability and Resilience and Public Works Other Comments Upon completion of the feasibility and alternatives analysis, a capital project will be programmed in future years.
2022-64. Prepare Marina Facilities and City Pier for Sea-Level Rise Priority: High
Mitigation Strategy Description
Renovate marina facilities and the City Pier to accommodate increased tide heights and storm surges related to sea-level rise. City Pier supports the marinas fuel dock, icehouse, and coast guard facilities.
Relevant Objective Would prevent damage to marinas and pier during storms and high tide events
Applicable Hazards Sea-level rise; storm surge
Estimated Timeline for Completion 2030
Estimated Cost/Funding Source $500,000
Responsible Agency/Department Waterfront; Sustainability and Resilience Other Comments
2022-65. Master Drainage Plan and Increased Rainfall Intensities Priority: High
Mitigation Strategy Description
This project consists of new hydrologic and flood modeling factoring in sea-level rise and changes in rainfall intensities from climate change.
Results from this study are necessary for other projects including changes to floodplain regulations, creek setbacks, design of the Laguna Creek tide gate, and adaptation options for the stormwater system.
Relevant Objective Would facilitate planning for increased flooding and impacts to stormwater system
Applicable Hazards Sea-level rise; flooding
Estimated Timeline for Completion 2025
Estimated Cost/Funding Source $150,000
Responsible Agency/Department Sustainability and Resilience Other Comments
7.0. Mitigation Strategy
City of Santa Barbara Local Hazard Mitigation Plan 133
Annex to the Santa Barbara County Multi-Jurisdictional Hazard Mitigation Plan 2022-66. Regional Shoreline Monitoring Program
Priority: High
Mitigation Strategy Description
Develop and implement a Shoreline Monitoring Program in coordination with other regional, state, and federal agencies to monitor sea-level rise-related hazards; identify action thresholds, and regularly reassess the need for hazard mitigation actions. Use program to assess the success of implemented mitigation actions.
Relevant Objective Key element in decisionmaking for adaption Applicable Hazards Sea-level rise; flooding; shoreline erosion Estimated Timeline for Completion 2025
Estimated Cost/Funding Source $300,000
Responsible Agency/Department Sustainability and Resilience; BEACON Other Comments
2022-67. Stormwater System Vulnerability Assessment and Adaptation Plan Priority: High
Mitigation Strategy Description
Assess vulnerabilities and adaptation options for those portions of the stormwater system potentially affected by sea-level rise and extreme rainfall-related hazards.
Relevant Objective Would ensure continued operation of stormwater system during flooding and erosion events
Applicable Hazards Sea-level rise; flooding; climate change; erosion Estimated Timeline for Completion 2025
Estimated Cost/Funding Source $300,000
Responsible Agency/Department Sustainability and Resilience; Public Works Other Comments
2022-68. Wastewater and Water System Vulnerabilities and Adaptation Options Priority: High
Mitigation Strategy Description
The City’s recently completed Sea-Level Rise Adaptation Plan identified critical facilities that are vulnerable to sea level rise and prioritized actions to adapt. One of the highest priority actions identified for the next few years is a comprehensive study of adaptation options for threatened portions of the wastewater and water systems, including the redesign of portions of the system, adaptation options for El Estero Water Resource Center, and possible service point improvements. Portions of the wastewater system, in particular, are already at risk from flooding during major storms.
One of the most vulnerable facilities identified is the existing sewer trunk line on Cabrillo Boulevard that carries sewage to the El Estero Water Resources Center to be treated. The existing pipeline and manholes are vulnerable to flooding from storm surges during major storms and will be at risk from storm surge and erosion due to sealevel rise, which would result in sanitary sewer overflows. The analysis
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134 February 2023
Priority: High
should study the feasibility and alternatives for relocating the existing trunk line.
Relevant Objective Objective 2.A: Mitigate vulnerability structures and public infrastructure including facilities, roadways, and utilities
Applicable Hazards Sea-level rise; flooding; shoreline erosion; tsunami Estimated Timeline for Completion 2023
Estimated Cost/Funding Source $500,000
Responsible Agency/Department Sustainability and Resilience and Public Works Other Comments Upon completion of the feasibility and alternatives analysis, a capital project will be programmed in future years.
2022-69. Waterfront and Harbor 30-Year Plan
Priority: High
Mitigation Strategy Description
This is a detailed study of the assets along the Waterfront and Harbor to:
Analyze adaptation options and establish 30-year design storm and sea level rise amounts for Harbor Commercial area, parking areas, and other assets along the Waterfront.
Identify options to relocate to the extent feasible and where not feasible protect in place sewer main and collocated gas pipelines, water lines, and major utilities south of Cabrillo Boulevard; Assess the feasibility of additional beach berm construction, dune creation, and sediment management to address 30-year
vulnerabilities along Waterfront;
Assess options for increased Harbor dredging and other sand supplies.
Relevant Objective Objective 2.A: Mitigate vulnerability structures and public infrastructure including facilities, roadways, and utilities Applicable Hazards Sea-level rise; flooding; shoreline erosion; tsunami Estimated Timeline for Completion 2025
Estimated Cost/Funding Source $250,000
Responsible Agency/Department Sustainability and Resilience; Waterfront; Parks and Recreation Other Comments
2022-70. Airport Sewer Master Plan – Phase III
Priority: High
Mitigation Strategy Description
The 2004 Sewer Master Plan was prepared to provide a modern solution to the airport sewer system originally constructed in the 1940s.
This project would implement a second phase of the Sewer Master Plan. The second phase consists of the removal of lift station 3 and the re-routing of the northwest quadrant of the airfield to flow to the new Goleta Sanitary District lift station on Norman Firestone Road. This will avoid the need to pump sewage in an 80-year-old force main under the main air carrier runway and through the Goleta Slough State Ecological Reserve.
7.0. Mitigation Strategy
City of Santa Barbara Local Hazard Mitigation Plan 135
Annex to the Santa Barbara County Multi-Jurisdictional Hazard Mitigation Plan Priority: High
Relevant Objective Maintain Infrastructure, Modernize City Facilities, Support the City's Plans
Applicable Hazards Earthquake, flood, infrastructure failure Estimated Timeline for Completion This is an unscheduled project in the City’s CIP. Completion would take nine months.
Estimated Cost/Funding Source $2.3 million – Airport Capital Fund Responsible Agency/Department Airport Department
Other Comments
The first phase of the Sewer Master Plan, the removal of lift stations 1 and 2 and their replacement with a new Goleta Sanitary District lift station, was completed in 2009.
2022-71. Central Library ADA Elevator
Priority: High
Mitigation Strategy Description
Installation of an ADA compliant elevator would ease mobility challenges and allow for greater access to all areas of the Library.
The Santa Barbara Library (SBPL) serves as a cooling center during extreme weather conditions and serves as a place of refuge for all ages during times of disaster such as local fire. While the Library does have a small elevator, its size presents challenges for mobility devices, which in turn limits ease of access to spaces in the facility.
Relevant Objective
Installation of an ADA compliant elevator to allow for full access to all spaces in the Library, particularly while serving as a cooling shelter or refuge during disaster and emergency.
Applicable Hazards Lack of compliance with current ADA standards and challenges for mobility devices.
Estimated Timeline for Completion Tentatively Fall/Winter 2022 Estimated Cost/Funding Source $2,267,535/ Partially Measure C Responsible Agency/Department City of Santa Barbara Library Department Other Comments
This project is in progress. The design and plan review is complete. The permit has been issued and bidding should take place in January 2022 with construction to tentatively begin March 2022. 2022-72. Las Positas Landfill Capping Project
Priority: High
Mitigation Strategy Description
The Closed Las Positas Landfill is located within the boundaries of Eling’s Park includes a methane recovery system that burns off methane produced. The methane recovery system requires an onsite propane tank that poses an explosives hazard and produces hazardous and non-hazardous waste products that are stored onsite pending disposal.
There is also a section of soil that has tested above the action limits for lead contamination. The land is currently held in a longer-term lease agreement with a private operator that operates sports fields and recreational amenities onsite.
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136 February 2023
Priority: High
Relevant Objective
This project includes the installation of a clay liner over the closed landfill footprint at the baseball and soccer fields. The cap would decrease the potential for infiltration of water into the buried waste which may decrease the generation of methane and decrease the potential for leaching of contaminants to groundwater.
Applicable Hazards Hazardous Materials release
Estimated Timeline for Completion 2025? (prefer to occur when field turf replacement occurs in 2-3 years)
Estimated Cost/Funding Source $720,000 for clay layer to cap sports fields (does not include design, permitting, etc.), the cost would be more do line the entire landfill area.
Responsible Agency/Department City of Santa Barbara, Sustainability and Resilience Department Other Comments
The project could be expanded to install the cap across the entire closed landfill footprint, but that would cost more. The above cost does not include design, technical studies, permitting, maintenance, and monitoring. Before moving forward with designing the cap the metrics for ending the monitoring and reporting program and methane mitigation should be defined with the Central Coast Regional Water Quality Control Board and the Santa Barbara County Public Health Department.
2022-73. Las Positas Creek Restoration Project
Priority: Medium
Mitigation Strategy Description
This creek restoration/water quality improvement project includes the removal of concrete, invasive plants, and other debris from Las Positas Creek, which will facilitate flood flow conveyance through the creek channel. The project scope also includes biotechnical bank and toe stabilization, which will reduce erosion and bank failure near adjacent homes and Las Positas Road.
Relevant Objective Reduce flooding, erosion, and creek bank failure along Las Positas Road and nearby private properties.
Applicable Hazards Flooding, creek bank erosion.
Estimated Timeline for Completion Estimated completion in 2027.
Estimated Cost/Funding Source The estimated cost is $950,000. The funding source is Measure B (Creeks Fund) and unidentified grant funding.
Responsible Agency/Department Parks and Recreation/Creeks Division Other Comments
2022-74. Arroyo Burro Restoration at Palermo Drive
Priority: High
Mitigation Strategy Description
This creek restoration/water quality improvement project includes the removal of concrete, invasive plants, and other debris from Arroyo Burro, which will facilitate flood flow conveyance through the creek channel. The project scope also includes biotechnical bank and toe stabilization, which will reduce erosion and bank failure near the adjacent park, homes, and commercial properties.
Relevant Objective Reduce flooding, erosion, and creek bank failure along City park and nearby private properties.
7.0. Mitigation Strategy
City of Santa Barbara Local Hazard Mitigation Plan 137
Annex to the Santa Barbara County Multi-Jurisdictional Hazard Mitigation Plan Priority: High
Applicable Hazards Flooding, creek bank erosion
Estimated Timeline for Completion Estimated completion in 2026.
Estimated Cost/Funding Source Estimated cost is $2,000,000. The funding source is Measure B (Creeks Fund) and unidentified grant funding.
Responsible Agency/Department Parks and Recreation/Creeks Division Other Comments
2022-75. San Roque Creek Restoration Project
Priority: Medium
Mitigation Strategy Description
This creek restoration/water quality improvement project includes the removal of concrete, invasive plants, and other debris from San Roque Creek, which will facilitate flood flow conveyance through the creek channel. The project scope also includes biotechnical bank and toe stabilization, which will reduce erosion and bank failure near adjacent roads, homes, and commercial areas of the City.
Relevant Objective Reduce flooding, erosion, and creek bank failure along San Roque Creek.
Applicable Hazards Flooding, creek bank erosion
Estimated Timeline for Completion Estimated completion in 2027.
Estimated Cost/Funding Source Estimated cost is $1,300,000. The funding source is Measure B (Creeks Fund) and unidentified grant funding.
Responsible Agency/Department Parks and Recreation/Creeks Division Other Comments
2022-76. Mid-Arroyo Burro Restoration Project
Priority: Medium
Mitigation Strategy Description
This creek restoration/water quality improvement project includes the removal of concrete, invasive plants, and other debris from Arroyo Burro, which will facilitate flood flow conveyance through the creek channel. The project scope also includes biotechnical bank and toe stabilization, which will reduce erosion and bank failure along Arroyo Burro in the upper State Street area of the City.
Relevant Objective
Reduce flooding, erosion, and creek bank failure along Arroyo Burro, upper State Street, and the surrounding neighborhood and business district.
Applicable Hazards Flooding, creek bank erosion
Estimated Timeline for Completion Estimated completion in 2027.
Estimated Cost/Funding Source Estimated cost is $1,350,000. The funding source is Measure B (Creeks Fund) and unidentified grant funding.
Responsible Agency/Department Parks and Recreation/Creeks Division Other Comments
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138 February 2023
2022-77. Upper Mission Creek Restoration Project
Priority: Medium
Mitigation Strategy Description
This creek restoration/water quality improvement project includes the removal of concrete, invasive plants, and other debris from upper Mission Creek, which will facilitate flood flow conveyance through the creek channel. The project scope also includes biotechnical bank and toe stabilization, which will reduce erosion and bank failure near adjacent parks, homes, and Mission Canyon Road.
Relevant Objective Reduce flooding, erosion, and creek bank failure along Mission Canyon Road and nearby private properties.
Applicable Hazards Flooding, creek bank erosion
Estimated Timeline for Completion Estimated completion in 2028.
Estimated Cost/Funding Source Estimated cost is $1,600,000. The funding source is Measure B (Creeks Fund) and unidentified grant funding.
Responsible Agency/Department Parks and Recreation/Creeks Division Other Comments
2022-78. Mission Creek Restoration at Oak Park
Priority: High
Mitigation Strategy Description
This creek restoration/water quality improvement project includes the removal of concrete, invasive plants, and other debris from Mission Creek, which will facilitate flood flow conveyance through the creek channel. The project scope also includes biotechnical bank and toe stabilization, which will reduce erosion and bank failure near adjacent homes and Oak Park.
Relevant Objective Reduce flooding, erosion, and creek bank failure along Mission Creek at Oak Park and nearby private properties.
Applicable Hazards Flooding, creek bank erosion
Estimated Timeline for Completion Estimated completion in 2024.
Estimated Cost/Funding Source Estimated cost is $1,250,000. The funding source is Measure B (Creeks Fund) and unidentified grant funding.
Responsible Agency/Department Parks and Recreation/Creeks Division Other Comments
2022-79. Lower Mission Creek Restoration Project
Priority: High
Mitigation Strategy Description
This creek restoration/water quality improvement project includes the removal of concrete, invasive plants, and other debris from lower Mission Creek, which will facilitate flood flow conveyance through the creek channel. The project scope also includes biotechnical bank and toe stabilization, which will reduce erosion and bank failure near adjacent homes, businesses, and downtown Santa Barbara streets.
Relevant Objective Reduce flooding, erosion, and creek bank failure along lower Mission Creek, downtown roads, and nearby private properties.
Applicable Hazards Flooding, creek bank erosion
Estimated Timeline for Completion Estimated completion in 2025.
7.0. Mitigation Strategy
City of Santa Barbara Local Hazard Mitigation Plan 139
Annex to the Santa Barbara County Multi-Jurisdictional Hazard Mitigation Plan Priority: High
Estimated Cost/Funding Source Estimated cost is $2,300,000. The funding source is Measure B (Creeks Fund) and unidentified grant funding.
Responsible Agency/Department Parks and Recreation/Creeks Division Other Comments
2022-80. Old Mission Creek Restoration at Figueroa Street Priority: Medium
Mitigation Strategy Description
This creek restoration/water quality improvement project includes the removal of concrete, invasive plants, and other debris from Old Mission Creek, which will facilitate flood flow conveyance and improve floodplain access through the creek channel. The project scope also includes biotechnical bank and toe stabilization, which will reduce erosion and bank failure near adjacent homes and Figueroa Street.
Relevant Objective Reduce flooding, erosion, and creek bank failure along Old Mission Creek, Figueroa Street, and nearby private properties.
Applicable Hazards Flooding, creek bank erosion
Estimated Timeline for Completion Estimated completion in 2028.
Estimated Cost/Funding Source Estimated cost is $1,000,000. The funding source is Measure B (Creeks Fund) and unidentified grant funding.
Responsible Agency/Department Parks and Recreation/Creeks Division Other Comments
2022-81. Rattlesnake Creek Restoration Project
Priority: Medium
Mitigation Strategy Description
This creek restoration/water quality improvement project includes the removal of concrete, invasive plants, and other debris from Rattlesnake Creek, which will facilitate flood flow conveyance through the creek channel. The project scope also includes biotechnical bank and toe stabilization, which will reduce erosion and bank failure near adjacent homes and Las Canoas Road.
Relevant Objective Reduce flooding, erosion, and creek bank failure along Rattlesnake Creek, Las Canoas Road, and nearby private properties.
Applicable Hazards Flooding, creek bank erosion
Estimated Timeline for Completion Estimated completion in 2027.
Estimated Cost/Funding Source Estimated cost is $1,250,000. The funding source is Measure B (Creeks Fund) and unidentified grant funding.
Responsible Agency/Department Parks and Recreation/Creeks Division Other Comments
2022-82. Sycamore Creek Restoration Project
Priority: High
Mitigation Strategy Description This creek restoration/water quality improvement project includes the removal of concrete, invasive plants, and other debris from Sycamore
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140 February 2023
Priority: High
Creek, which will facilitate flood flow conveyance through the creek channel. The project scope also includes biotechnical bank and toe stabilization, which will reduce erosion and bank failure near adjacent streets, parks, homes, and businesses.
Relevant Objective Reduce flooding, erosion, and creek bank failure along Sycamore Creek and nearby private properties.
Applicable Hazards Flooding, creek bank erosion
Estimated Timeline for Completion Estimated completion in 2028.
Estimated Cost/Funding Source Estimated cost is $80,000,000. The funding source is Measure B (Creeks Fund) and unidentified grant funding.
Responsible Agency/Department Parks and Recreation/Creeks Division Other Comments
2022-83. Andree Clark Bird Refuge Restoration Project
Priority: High
Mitigation Strategy Description
This wetland restoration/water quality improvement project includes removal and replacement of a failing weir and weir gates at the Andree Clark Bird Refuge, which will facilitate flood flow conveyance out of the Bird Refuge and under Cabrillo Boulevard. The project scope also includes managing the sand berm between the Bird Refuge and the Pacific Ocean during storms to allow water to flow through the culverts and prevent flooding of Cabrillo Boulevard.
Relevant Objective Reduce flooding on Cabrillo Boulevard.
Applicable Hazards Flooding.
Estimated Timeline for Completion Estimated completion in 2023.
Estimated Cost/Funding Source Estimated cost is $2,500,000. The funding source is Measure B (Creeks Fund) and unidentified grant funding.
Responsible Agency/Department Parks and Recreation/Creeks Division Other Comments
2022-84. Defensible Space/Home Hardening Survey
Priority: High
Mitigation Strategy Description
Assess vulnerabilities and needs regarding home hardening and defensible space within the City’s designated High Fire Hazard Areas.
Encourage home hardening retrofits
Complete Defensible Space Survey
Increase grant funding opportunities
Develop programs to incentivize improved defensible space around homes
Relevant Objective Improve Defensible Space regarding home hardening within communities vulnerable to wildfire.
Applicable Hazards Wildfire
Estimated Timeline for Completion FY 2023-24
Estimated Cost/Funding Source $20,000 from grants and/or Wildland General Fund
7.0. Mitigation Strategy
City of Santa Barbara Local Hazard Mitigation Plan 141
Annex to the Santa Barbara County Multi-Jurisdictional Hazard Mitigation Plan Priority: High
Responsible Agency/Department Fire Department/Prevention - Wildfire Other Comments This task is based on recommendations made in the 2021 Community Wildfire Protection Plan (CWPP)
2022-85. Expand Wildland Fire Suppression Assessment District Priority: High
Mitigation Strategy Description
The Community Wildfire Protection Plan (CWPP) expanded all four of the City’s designated High Fire Hazard Areas. As part of the CWPP implementation, a study and survey should be completed to determine areas to potentially be included in the Wildland Fire Suppression Assessment District. This would be determined by ballot measure to residents in the newly proposed area.
Relevant Objective
Create a new Assessment District in the Coastal and Coastal Interior High Fire Hazard areas and expand the existing Wildfire Suppression Assessment District within the Foothill High Fire Hazard area to include parcels added in the CWPP.
Applicable Hazards Wildfire
Estimated Timeline for Completion FY2024-25
Estimated Cost/Funding Source $40,000 Wildland General Fund Responsible Agency/Department Fire Department/Prevention - Wildfire Other Comments
This project is expected to take 2+ years and implementation will be determined by ballot measures issued to all residents within the proposed areas.
2022-86. Increase Evacuation Safety
Priority: High
Mitigation Strategy Description
Combine CWPP and 2014 Evacuations Procedure Analysis.
Publicly identify evacuation routes in High Fire Hazard Areas with signage
Identify Roads that do not meet SBFD Access Standards
Conduct detailed evacuation study
Relevant Objective Improve evacuation safety in communities vulnerable to wildfire.
Applicable Hazards Wildfire, Flooding, Debris Flow
Estimated Timeline for Completion FY2023-24
Estimated Cost/Funding Source $20,000 from grants and/or Wildland General Fund Responsible Agency/Department Fire Department/Prevention - Wildfire Other Comments A consultant may be needed for portions of the Evacuation Procedure Analysis.
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142 February 2023
2022-87. Fuels Reduction Within Identified Vegetation Management Units Priority: High
Mitigation Strategy Description
Complete fuels reduction projects within all 50 of the identified Vegetation Management Units within the City. This also includes areas within the Community Fuels Treatment Network.
Relevant Objective
Reduce wildfire danger within our communities by expanding defensible space in targeted locations beyond the homeowner’s required clearance.
Applicable Hazards Wildfire
Estimated Timeline for Completion FY2035
Estimated Cost/Funding Source $500,000-$1,000,000 from Grants/Wildland General Fund/Wildland Fire Suppression Assessment District Fund Responsible Agency/Department Fire Department/Prevention - Wildfire Other Comments
Reduce wildfire danger within our communities by expanding defensible space in targeted locations beyond the homeowner’s required clearance.
2022-88. Community Wildfire Protection Plan Implementations Priority: High
Mitigation Strategy Description Continue to evaluate and implement actions recommended within the Community Wildfire Protection Plan (CWPP).
Relevant Objective Complete all recommended actions, projects, and goals as outlined and identified within the Community Wildfire Protection Plan.
Applicable Hazards Wildfire
Estimated Timeline for Completion FY2030
Estimated Cost/Funding Source $300,000 from Grants/Wildland General Fund/Wildland Fire Suppression Assessment District Fund
Responsible Agency/Department Fire Department/Prevention - Wildland Other Comments
Multiple projects and recommendations identified within the Community Wildfire Protection Plan are critical in improving the Fire Department’s ability to mitigate wildfire danger within vulnerable communities. This includes educational outreach, improved enforcement, updating mapping, and increased training opportunities for both agency personnel and the public.
2022-89. Upgrade City Emergency Operations Center (EOC) Priority: High
Mitigation Strategy Description
Upgrade the City EOC’s electronic technology for better communications and interoperability. The upgrading of the EOC would replace projectors and screens with smart TVs, including teleconferencing capabilities, wireless network, and cameras to feed information to the Policy Room, Bullpen, and Administrative Conference Room.
Relevant Objective
The City’s EOC is a critical facility during times of disaster. The facility has not been upgraded since 2009 and there are challenges with interoperability.
8.0. Plan Maintenance
City of Santa Barbara Local Hazard Mitigation Plan 143
Annex to the Santa Barbara County Multi-Jurisdictional Hazard Mitigation Plan Priority: High
Applicable Hazards All Hazards
Estimated Timeline for Completion 2026
Estimated Cost/Funding Source $75,000
Responsible Agency/Department Fire Department/Office of Emergency Services Other Comments
2022-90. Relocation of Fire Station 7 Building
Priority: High
Mitigation Strategy Description
Fire Station 7, located at 2411 Stanwood Drive, was built in 1951 and the station is essentially the same as when it was built. The station was built to accommodate an all-male crew with one dorm room, one locker room, and one shower/restroom. The shower/restroom was divided in the early 1980s.
During the remodeling review process, it was noted that Station 7 was built above an earthquake fault. With that discovery, it was determined that Station 7 needs to be relocated for the safety of the staff housed in that station.
Relevant Objective
For the relocation and construction of the Station, the project will include hiring a design professional to evaluate the long-term needs (Needs Assessment) of the Fire Department at Fire Station 7 that contains separate dorm rooms with lockers, separate restrooms, a separate captain’s office, and more apparatus floor space to accommodate today’s larger fire engines.
Applicable Hazards Earthquake, Wildfire
Estimated Timeline for Completion 2030
Estimated Cost/Funding Source $6,000,000
Responsible Agency/Department Fire Department/Public Works Other Comments
8.0 PLAN MAINTENANCE
8.1 MONITORING, EVALUATING, AND UPDATING THE PLAN
Since the last LHMP in 2017, the LPT has monitored, evaluated, and updated the plan on a continuing and as-needed basis. The City was very successful in implementing the 2017 mitigation actions as noted in Table 7-1. The remaining mitigation actions outlined in the 2017 LHMP are ongoing at the time of this 2022 update.
The City of Santa Barbara Office of Emergency Services (OES) will be responsible for ensuring that this plan is monitored on an ongoing basis. City OES will call the Local Hazard Mitigation Planning (LHMP) team together on an annual basis to review the mitigation actions outlined in this plan and discuss progress. During this meeting, the LHMP team will develop a list of items to be updated, added, or removed in future revisions of this plan.
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144 February 2023
City OES will report the outcomes of the annual meeting to the County Office of Emergency Management (OEM) and the City’s Disaster Council.
The Plan will be a discussion/work item on the City’s Emergency Managers Task Team (EMTT) agenda each year. Department heads and other emergency preparedness staff who serve in the City’s Emergency Operations Center (EOC) will focus on evaluating the Plan in light of technological, budgetary, political changes, or other significant events that may occur during the year.
The Plan’s existence will be addressed in the City’s Emergency Management Plan, as well as discussed at Community Disaster Education presentations in both English and Spanish.
The City will continue to participate in the countywide MAC and attend the annual meeting organized by the County Office of Emergency Management to discuss items to be updated/added in future revisions of this plan. The MJHMP is evaluated by the MAC annually to determine the effectiveness of programs, and to reflect changes in land development or programs that may affect mitigation priorities. This includes re-evaluation of goals, objectives, and mitigation actions for each jurisdiction by the MAC. The MAC also reviews the goals and mitigation actions to determine their relevance to changing situations in the county, as well as changes in State or Federal regulations and policy. The MAC reviews the risk assessment portion of the MJHMP and its annexes to determine if this information should be updated or modified, given any new available data. The responsible parties for the mitigation actions report on the status of their projects, the success of various implementation processes, difficulties encountered, success of coordination efforts, and which strategies should be revised. Any updates or changes necessary for the City’s LHMP will be forwarded to the County Office of Emergency Management for inclusion in further updates to the MJHMP.
Major disasters affecting the City, legal changes, and/or other events may trigger a meeting of the LHMP team. This group will be responsible for determining if the plan needs to be updated before the five-year mark.
The City of Santa Barbara is committed to reviewing and updating this plan at least once every five years, as required by the Disaster Mitigation Act of 2000.
8.2 IMPLEMENTATION THROUGH EXISTING PLANS AND PROGRAMS
The City implements the LHMP through existing plans, programs, and procedures, as detailed in Section 4.0, Capability Assessment. This LHMP provides a baseline of information on the hazards impacting the City and the existing institutions, plans, policies and ordinances that help to implement the LHMP (e.g., General Plan, building codes, floodplain management ordinance). The General Plan and the LHMP annex are complementary documents that work together to achieve the goal of reducing risk exposure to the City’s citizens. An update to a general plan may trigger an update to the hazard mitigation plan. Implementation responsibilities of mitigation actions is integrated into the operational functions of the responsibility parties identified, including responsibility for seeking funding needed for implementation.
The City incorporates the LHMP by reference into its General Plan Safety Element. Under AB 2140, the City may adopt its current, FEMA-approved LHMP into the Safety Element of the General Plan.
This adoption makes the City eligible to be considered for part or all of its local-share costs on
9.0. References
City of Santa Barbara Local Hazard Mitigation Plan 145
Annex to the Santa Barbara County Multi-Jurisdictional Hazard Mitigation Plan eligible Public Assistance funding to be provided by the state through the California Disaster Assistance Act (CDAA) (see Section 2.0, Plan Purpose and Authority for the adopting resolutions).
The LHMP has also been prepared to support the City’s CWPP to reduce wildfire risks and Sea Level Rise Adaption Plan to address changing coastal hazards over time. The Floodplain Management Ordinance applies in concert with the City’s zoning ordinance and building codes to reduce flooding hazards from land use. The LHMP includes several mitigations addressing flood control infrastructure to support the City’s efforts to reduce flooding hazards.
The information contained within this LHMP, including results from the Vulnerability Assessment and the Mitigation Strategy, is used by the City to help inform updates and the development of local plans, programs, and policies. The City may utilize the hazard information when developing and implementing the City’s capital improvement programs and the Planning and Building Divisions may utilize the hazard information when reviewing a site plan or other type of development applications.
The City’s budget process and CIP are updated to include hazard mitigation actions.
8.3 ONGOING PUBLIC OUTREACH AND ENGAGEMENT
The public will continue to be involved whenever the plan is updated and, as appropriate, during the monitoring and evaluation process. Before the adoption of updates, the City will provide multiple opportunities for the public to comment on the revisions. A public notice will be published before the meetings to announce the comment period and meeting locations. Moreover, the City will engage stakeholders in community emergency planning. As described in Section 3.4, Public Outreach and Engagement, the public outreach strategy used during development of the current update will provide a framework for public engagement through the plan maintenance process. It can be adapted for ongoing public outreach as determined to be feasible by the MAC and the LPT.
8.4 POINT OF CONTACT
Comments or suggestions regarding this plan may be submitted at any time to the City using the following information:
Liliana Encinas, Fire Public Outreach Coordinator
City of Santa Barbara
Fire Department
Office of Emergency Services
925 Chapala Street
Santa Barbara, CA 93101
9.0 REFERENCES
California Department of Water Resources (DWR). 2021a. Best Available Map (BAM). Accessed:
1 November 2021. Retrieved from: https://gis.bam.water.ca.gov/bam/#skip-to-content California Geological Survey. 2019. Landslides. Accessed: 1 November 2021. Retrieved from:
https://www.conservation.ca.gov/cgs/landslides#debrisflows
9.0. References
146 February 2023
Centers for Disease Control and Prevention (CDC). 2021. Symptoms of COVID-19. Retrieved from:
https://www.cdc.gov/coronavirus/2019-ncov/symptoms-testing/symptoms.html Charity Thoman. 2013. Meningococcal Outbreak at UCSB. Santa Barbara Independent.
City of Santa Barbara. 2020. “City Of Santa Barbara Sea Level Rise Adaptation Plan For The Local Coastal Program Update Vulnerability Assessment Update.” https://www.santabarbaraca.gov/civicax/filebank/blobdload.aspx?BlobID=229629 City of Santa Barbara. 2021. Sea-Level Rise Adaptation Plan. Accessed: 1 November 2021.
Retrieved from:
https://www.santabarbaraca.gov/civicax/filebank/blobdload.aspx?BlobID=229622.
County Fire Department. 2021b. Notable Incidents and Deployments of 2019. Accessed: 26 October 2021. Retrieved from: https://www.sbcfire.com/notable-incidents County of Santa Barbara. 2017. Coastal Resiliency Project: Sea Level Rise and Coastal Hazards Vulnerability Assessment. Accessed: 1 November 2021. Retrieved from:
https://cosantabarbara.app.box.com/s/uon3kzbfsviq8xoevcxeeke64c2tk87f.
Department of Water Resources (DWR) Division of Safety of Dams (DSOD). 2021a. Division of Safety of Dams. Accessed: 5 November 2021. Retrieved from:
https://water.ca.gov/programs/all-programs/division-of-safety-of-dams.
FEMA. 2021. Protective Actions Research: Extreme Heat. Accessed: 3 November 2021. Retrieved from:
https://community.fema.gov/ProtectiveActions/s/article/Extreme-Heat.
FloodList. 2021. USA – Deadly Flooding and Mudslides in California (Updated). Accessed: 29 October 2021. Retrieved from: https://floodlist.com/america/usa/flood-mudslidecalifornia-january-2018 Jervis, L. 2020. “Laurie Jervis: Late Season Extreme Heat Leads to Accelerated Grape Harvest”.
Noozhawk, November 2, 2020. Accessed: 5 November 2021. Retrieved from:
https://www.noozhawk.com/article/laurie_jervis_late_season_extreme_heat_leads_to_ac celerated_grape_harvest.
Lara Cooper. 2015. Norovirus Outbreak Sickens Hundreds in Santa Barbara County. Noozhawk.
National Institute of Environmental Health Services (NIH). 2018. Vectorborne and Zoonotic Diseases.
Retrieved from:
https://www.niehs.nih.gov/research/programs/climatechange/health_impacts/vectorborn e/index.cfm
National Interagency Fire Center. 2021. Wildland Fire Open Data. Accessed: 26 October 2021.
Retrieved from: https://data-nifc.opendata.arcgis.com/
NOAA. 2021d. Storm Events Database – Santa Barbara County – January 1, 1990, to August 31, 2021. Accessed: 4 November 2021. Retrieved from:
https://www.ncdc.noaa.gov/stormevents/listevents.jsp?eventType=%28Z%29+Frost%2FFree ze&beginDate_mm=01&beginDate_dd=01&beginDate_yyyy=1990&endDate_mm=07&en dDate_dd=31&endDate_yyyy=2021&county=SANTA%2BBARBARA%3A83&hailfilter=0.00 &tornfilter=0&windfilter=000&sort=DT&submitbutton=Search&statefips=6%2CCALIFORNIA.
9.0. References
City of Santa Barbara Local Hazard Mitigation Plan 147
Annex to the Santa Barbara County Multi-Jurisdictional Hazard Mitigation Plan Noozhawk. 2015. Norovirus Outbreak Sickens Hundreds in Santa Barbara County. Retrieved from:
https://www.noozhawk.com/article/norovirus_outbreak_sickens_hundreds_in_santa_barb ara_county
Noozhawk. 2020. Neal Graffy: Santa Barbara’s Hottest Day, and a Record High of 133 Degrees.
Retrieved from:
https://www.noozhawk.com/article/santa_barbaras_hottest_day_and_a_record_high_of _133_degrees_20200617
Occupational Safety and Health Administration (OSHA). 2021. Heat Illness Prevention Campaign:
Heat Safety Tool. Accessed: 3 November 2021. Retrieved from:
https://www.osha.gov/heat/heat-app.
Ocean Protection Council (OPC). 2018. State of California Sea-level Rise Guidance – 2018 Update.
Accessed: 4 November 2021. Retrieved from:
https://opc.ca.gov/webmaster/ftp/pdf/agenda_items/20180314/Item3_ExhibitA_OPC_SLR_Guidance-rd3.pdf.
Santa Barbara County Flood Control and Water Conservation District (County Flood Control District). 2011. Santa Barbara County Hydrology Report: Precipitation, Rivers/Streams, & Reservoirs, 2010-2011. Accessed: 29 October 2021. Retrieved from:
https://www.countyofsb.org/uploadedFiles/pwd/Content/Water/2011%20Hydrology%20R eport%20-%20Final-WPost(1).pdf
Santa Barbara County Flood Control and Water Conservation District (County Flood Control District). 2021. Rainfall and Reservoir Summary. Accessed: 9 November 2021. Retrieved from:
http://www.countyofsb.org/pwd/water/downloads/hydro/rainfallreports/rainfallreport. pdf
Santa Barbara County Flood Control and Water Conservation District (County Flood Control District). 1998. 1998 Flood Report. Accessed: 29 October 2021. Retrieved from:
https://www.countyofsb.org/uploadedFiles/pwd/Content/Water/1998FloodRpt.pdf Santa Barbara County Planning and Development Department. 2015. Seismic Safety and Safety Element - Santa Barbara County Comprehensive Plan. Accessed: 21 July 2017. Retrieved from:
http://longrange.sbcountyplanning.org/programs/genplanreformat/PDFdocs/Seismic.pdf Santa Barbara County Planning and Development Department. 2015. Seismic Safety and Safety Element - Santa Barbara County Comprehensive Plan. Accessed: 21 July 2017. Retrieved from:
http://longrange.sbcountyplanning.org/programs/genplanreformat/PDFdocs/Seismic.pdf Santa Barbara County Planning and Development Department. 2017. Santa Barbara County Energy Division Map. Accessed: 26 October 2021. Retrieved from: https://www.sbck.org/wpcontent/uploads/2018/08/Oil-Gas-Facilites-Map-2017-06-
06.pdf?fbclid=IwAR2BGG3EzFarXDBuIEgsni5Vv7TEhzuof-
9.0. References
148 February 2023
Santa Barbara County Public Health Department. 2010. Experience with Pandemic H1N1 Flu in Santa Barbara County. Retrieved from:
https://www.countyofsb.org/phd/documents/Press_Release/2010-04- 06%20H1N1%20Recap%20Press%20Release.pdf
Santa Barbara County Public Health Department. 2017. SUSPECTED NOROVIRUS IN COUNTY SCHOOLS: Numerous instances of student gastro-intestinal upset in North County. Retrieved from:
http://www.countyofsb.org/phd/documents/Press_Release/2017_Press_Releases/2017- 05-26%20Suspected%20Norovirus%20PR.pdf
Santa Barbara County Public Health Department. 2021. Santa Barbara County Community Data Dashboard. Accessed: Retrieved from:
https://experience.arcgis.com/experience/030e625c69a04378b2756de161f82ef6 Santa Maria Times. 2021. Judith Dale: Wildfires in Santa Barbara County, 2016 to 2019. Accessed:
26 October 2021. Retrieved from: https://santamariatimes.com/lifestyles/judith-dalewildfires-in-santa-barbara-county-2016-to-2019/article_ba567bff-ad16-5a6e-9d85- 226bcb76cce9.html
U.S. Department of Health and Human Services. 2005. HHS Pandemic Influenza Plan. Retrieved from: https://www.cdc.gov/flu/pdf/professionals/hhspandemicinfluenzaplan.pdf.
USGS. 2021. Post-wildfire Landslides Becoming More Frequent in Southern California. Accessed: 2 November 2021. Retrieved from: https://www.usgs.gov/news/post-wildfire-landslidesbecoming-more-frequent-southern-california City of Santa Barbara
2025 Water Shortage Contingency Plan IV
Attachment 4- Water Rates
1 WATER RATES AND FEES
Volumetric Water Rates
All rates are in $/HCF. 1 HCF (Hundred Cubic Feet) = 748 gallons.
Adopted
Customer Class Tiers FY24 FY25 FY26 FY27 FY28
Single Family Residential
First 4 HCF $5.10 $5.49 $6.06 $6.67 $7.34
Next 12 HCF $15.19 $15.31 $16.92 $18.61 $20.47
All other HCF $28.54 $34.90 $38.56 $42.42 $46.66
Multi-Family Residential
First 4 HCF (per
dwelling unit)
$5.10 $5.49 $6.06 $6.67 $7.34
Next 4 HCF (per
dwelling unit)
$15.19 $15.31 $16.92 $18.61 $20.47
All other HCF $28.54 $34.90 $38.56 $42.42 $46.66
Commercial/Industrial
100% of base
allotment
$7.77 $8.19 $9.05 $9.96 $10.96
All other HCF $28.45 $37.82 $41.80 $45.98 $50.58
Irrigation – Residential &
Commercial
100% of monthly
water budget*
$15.19 $15.31 $16.92 $18.61 $20.47
All other HCF $28.54 $34.90 $38.56 $42.42 $46.66
Irrigation –
Recreation/Parks/Schools
100% of monthly
water budget*
$5.98 $7.26 $8.02 $8.82 $9.70
All other HCF $28.54 $34.90 $38.56 $42.42 $46.66
Irrigation – Agriculture
100% of monthly
water budget*
$3.98 $5.13 $5.67 $6.24 $6.86
All other HCF $28.54 $34.90 $38.56 $42.42 $46.66
Recycled Water All HCF $4.99 $6.10 $6.74 $7.41 $8.15
*The Monthly Water Budget for irrigation accounts is a calculation of Tier 1 allotment based on the property’s irrigated landscape area and the monthly watering needs of plants. 2 Maximum Fixed Monthly Service Charges
Charges based on meter size.
5/8” 3/4” 1” 1 ½” 2” 3” 4” 6” 8” 10”
FY24 $32.60 $47.73 $77.97 $153.59 $244.33 $531.67 $955.12 $1,968.37 $3,631.93 $5,749.18 Adopted
FY25 $36.21 $52.50 $85.09 $166.55 $264.30 $573.86 $1,030.06 $2,121.66 $3,913.84 $6,194.80 FY26 $40.01 $58.01 $94.02 $184.04 $292.05 $634.12 $1,138.22 $2,344.43 $4,324.79 $6,845.25 FY27 $44.01 $63.81 $103.42 $202.44 $321.26 $697.53 $1,252.04 $2,578.87 $4,757.27 $7,529.78 FY28 $48.41 $70.19 $113.76 $222.68 $353.39 $767.28 $1,377.24 $2,836.76 $5,233.00 $8,282.76 City of Santa Barbara
2025 Water Shortage Contingency Plan V
Attachment 5- Notifications
January 15, 2026
Ray Stokes
Executive Director
Central Coast Water Authority
[email protected]
Delivered Via Email
Subject: Notice of Preparation of the 2025 Urban Water Management Plan and Shortage Contingency Plan
Dear Ray Stokes:
The City of Santa Barbara (City) is in the process of preparing its 2025 Urban Water Management Plan (UWMP) and Water Shortage Contingency Plan (WSCP) in compliance with the Urban Water Management Planning Act. An update of the City’s UWMP is required every five (5) years. In addition, the City is preparing an Appendix to the 2025 UWMP to demonstrate consistency with Delta Plan Policy WR P1, Reduce Reliance on the Delta Through Improved Regional Water Self-Reliance (California Code Reg., tit.23, §5003).
Water Code section 10621(b) requires an urban water supplier updating its UWMP and WSCP to notify cities and counties within its service area of the update at least sixty (60) days prior to holding a public hearing thereby encouraging public involvement and agency coordination. This letter serves as the City’s notice that it is preparing and updating its 2025 UWMP and WSCP.
The City’s draft 2025 UWMP and WSCP will be available for review prior to the public hearing and adoption meeting at: SantaBarbaraCA.gov/WaterVision.
The City will subsequently hold a noticed public hearing to hear public comments and consider adoption of the plan in 2026. You will be notified when the draft 2025 UWMP is complete and ready for public review and comment.
The City invites you to submit comments and consult with the City regarding its UWMP and WSCP. If you have any questions, comments, or input, please contact Jasmine Showers, Water Resources Analyst, via email at [email protected] or by phone at (805) 897-2646.
Sincerely,
Dakota Corey.
Water Supply and Services Manager
DC:js
January 15, 2026
David Beard
Deputy Director of Operations and Engineering
Central Coast Water Authority
[email protected]
Delivered Via Email
Subject: Notice of Preparation of the 2025 Urban Water Management Plan and Shortage Contingency Plan
Dear David Beard:
The City of Santa Barbara (City) is in the process of preparing its 2025 Urban Water Management Plan (UWMP) and Water Shortage Contingency Plan (WSCP) in compliance with the Urban Water Management Planning Act. An update of the City’s UWMP is required every five (5) years. In addition, the City is preparing an Appendix to the 2025 UWMP to demonstrate consistency with Delta Plan Policy WR P1, Reduce Reliance on the Delta Through Improved Regional Water Self-Reliance (California Code Reg., tit.23, §5003).
Water Code section 10621(b) requires an urban water supplier updating its UWMP and WSCP to notify cities and counties within its service area of the update at least sixty (60) days prior to holding a public hearing thereby encouraging public involvement and agency coordination. This letter serves as the City’s notice that it is preparing and updating its 2025 UWMP and WSCP.
The City’s draft 2025 UWMP and WSCP will be available for review prior to the public hearing and adoption meeting at: SantaBarbaraCA.gov/WaterVision.
The City will subsequently hold a noticed public hearing to hear public comments and consider adoption of the plan in 2026. You will be notified when the draft 2025 UWMP is complete and ready for public review and comment.
The City invites you to submit comments and consult with the City regarding its UWMP and WSCP. If you have any questions, comments, or input, please contact Jasmine Showers, Water Resources Analyst, via email at [email protected] or by phone at (805) 897-2646.
Sincerely,
Dakota Corey.
Water Supply and Services Manager
DC:js
January 15, 2026
Janet Gingras
General Manager
Cachuma Operation and Maintenance Board
[email protected]
Delivered Via Email
Subject: Notice of Preparation of the 2025 Urban Water Management Plan and Shortage Contingency Plan
Dear Janet Gingras:
The City of Santa Barbara (City) is in the process of preparing its 2025 Urban Water Management Plan (UWMP) and Water Shortage Contingency Plan (WSCP) in compliance with the Urban Water Management Planning Act. An update of the City’s UWMP is required every five (5) years. In addition, the City is preparing an Appendix to the 2025 UWMP to demonstrate consistency with Delta Plan Policy WR P1, Reduce Reliance on the Delta Through Improved Regional Water Self-Reliance (California Code Reg., tit.23, §5003).
Water Code section 10621(b) requires an urban water supplier updating its UWMP and WSCP to notify cities and counties within its service area of the update at least sixty (60) days prior to holding a public hearing thereby encouraging public involvement and agency coordination. This letter serves as the City’s notice that it is preparing and updating its 2025 UWMP and WSCP.
The City’s draft 2025 UWMP and WSCP will be available for review prior to the public hearing and adoption meeting at: SantaBarbaraCA.gov/WaterVision.
The City will subsequently hold a noticed public hearing to hear public comments and consider adoption of the plan in 2026. You will be notified when the draft 2025 UWMP is complete and ready for public review and comment.
The City invites you to submit comments and consult with the City regarding its UWMP and WSCP. If you have any questions, comments, or input, please contact Jasmine Showers, Water Resources Analyst, via email at [email protected] or by phone at (805) 897-2646.
Sincerely,
Dakota Corey.
Water Supply and Services Manager
DC:js
January 15, 2026
Matt Young
Water Agency Manager
Santa Barbara County Water Agency
[email protected]
Delivered Via Email
Subject: Notice of Preparation of the 2025 Urban Water Management Plan and Shortage Contingency Plan
Dear Matt Young:
The City of Santa Barbara (City) is in the process of preparing its 2025 Urban Water Management Plan (UWMP) and Water Shortage Contingency Plan (WSCP) in compliance with the Urban Water Management Planning Act. An update of the City’s UWMP is required every five (5) years. In addition, the City is preparing an Appendix to the 2025 UWMP to demonstrate consistency with Delta Plan Policy WR P1, Reduce Reliance on the Delta Through Improved Regional Water Self-Reliance (California Code Reg., tit.23, §5003).
Water Code section 10621(b) requires an urban water supplier updating its UWMP and WSCP to notify cities and counties within its service area of the update at least sixty (60) days prior to holding a public hearing thereby encouraging public involvement and agency coordination. This letter serves as the City’s notice that it is preparing and updating its 2025 UWMP and WSCP.
The City’s draft 2025 UWMP and WSCP will be available for review prior to the public hearing and adoption meeting at: SantaBarbaraCA.gov/WaterVision.
The City will subsequently hold a noticed public hearing to hear public comments and consider adoption of the plan in 2026. You will be notified when the draft 2025 UWMP is complete and ready for public review and comment.
The City invites you to submit comments and consult with the City regarding its UWMP and WSCP. If you have any questions, comments, or input, please contact Jasmine Showers, Water Resources Analyst, via email at [email protected] or by phone at (805) 897-2646.
Sincerely,
Dakota Corey.
Water Supply and Services Manager
DC:js
January 15, 2026
Rain Emmerson
Acting Area Manager
United States Bureau of Reclamation
[email protected]
Delivered Via Email
Subject: Notice of Preparation of the 2025 Urban Water Management Plan and Shortage Contingency Plan
Dear Rain Emmerson:
The City of Santa Barbara (City) is in the process of preparing its 2025 Urban Water Management Plan (UWMP) and Water Shortage Contingency Plan (WSCP) in compliance with the Urban Water Management Planning Act. An update of the City’s UWMP is required every five (5) years. In addition, the City is preparing an Appendix to the 2025 UWMP to demonstrate consistency with Delta Plan Policy WR P1, Reduce Reliance on the Delta Through Improved Regional Water Self-Reliance (California Code Reg., tit.23, §5003).
Water Code section 10621(b) requires an urban water supplier updating its UWMP and WSCP to notify cities and counties within its service area of the update at least sixty (60) days prior to holding a public hearing thereby encouraging public involvement and agency coordination. This letter serves as the City’s notice that it is preparing and updating its 2025 UWMP and WSCP.
The City’s draft 2025 UWMP and WSCP will be available for review prior to the public hearing and adoption meeting at: SantaBarbaraCA.gov/WaterVision.
The City will subsequently hold a noticed public hearing to hear public comments and consider adoption of the plan in 2026. You will be notified when the draft 2025 UWMP is complete and ready for public review and comment.
The City invites you to submit comments and consult with the City regarding its UWMP and WSCP. If you have any questions, comments, or input, please contact Jasmine Showers, Water Resources Analyst, via email at [email protected] or by phone at (805) 897-2646.
Sincerely,
Dakota Corey.
Water Supply and Services Manager
DC:js
January 15, 2026
Nicholas Turner
General Manager
Montecito Water District
[email protected]
Delivered Via Email
Subject: Notice of Preparation of the 2025 Urban Water Management Plan and Shortage Contingency Plan
Dear Nicholas Turner:
The City of Santa Barbara (City) is in the process of preparing its 2025 Urban Water Management Plan (UWMP) and Water Shortage Contingency Plan (WSCP) in compliance with the Urban Water Management Planning Act. An update of the City’s UWMP is required every five (5) years. In addition, the City is preparing an Appendix to the 2025 UWMP to demonstrate consistency with Delta Plan Policy WR P1, Reduce Reliance on the Delta Through Improved Regional Water Self-Reliance (California Code Reg., tit.23, §5003).
Water Code section 10621(b) requires an urban water supplier updating its UWMP and WSCP to notify cities and counties within its service area of the update at least sixty (60) days prior to holding a public hearing thereby encouraging public involvement and agency coordination. This letter serves as the City’s notice that it is preparing and updating its 2025 UWMP and WSCP.
The City’s draft 2025 UWMP and WSCP will be available for review prior to the public hearing and adoption meeting at: SantaBarbaraCA.gov/WaterVision.
The City will subsequently hold a noticed public hearing to hear public comments and consider adoption of the plan in 2026. You will be notified when the draft 2025 UWMP is complete and ready for public review and comment.
The City invites you to submit comments and consult with the City regarding its UWMP and WSCP. If you have any questions, comments, or input, please contact Jasmine Showers, Water Resources Analyst, via email at [email protected] or by phone at (805) 897-2646.
Sincerely,
Dakota Corey.
Water Supply and Services Manager
DC:js
January 15, 2026
Robert T. McDonald
General Manager
Carpinteria Valley Water District
[email protected]
Delivered Via Email
Subject: Notice of Preparation of the 2025 Urban Water Management Plan and Shortage Contingency Plan
Dear Robert T. McDonald:
The City of Santa Barbara (City) is in the process of preparing its 2025 Urban Water Management Plan (UWMP) and Water Shortage Contingency Plan (WSCP) in compliance with the Urban Water Management Planning Act. An update of the City’s UWMP is required every five (5) years. In addition, the City is preparing an Appendix to the 2025 UWMP to demonstrate consistency with Delta Plan Policy WR P1, Reduce Reliance on the Delta Through Improved Regional Water Self-Reliance (California Code Reg., tit.23, §5003).
Water Code section 10621(b) requires an urban water supplier updating its UWMP and WSCP to notify cities and counties within its service area of the update at least sixty (60) days prior to holding a public hearing thereby encouraging public involvement and agency coordination. This letter serves as the City’s notice that it is preparing and updating its 2025 UWMP and WSCP.
The City’s draft 2025 UWMP and WSCP will be available for review prior to the public hearing and adoption meeting at: SantaBarbaraCA.gov/WaterVision.
The City will subsequently hold a noticed public hearing to hear public comments and consider adoption of the plan in 2026. You will be notified when the draft 2025 UWMP is complete and ready for public review and comment.
The City invites you to submit comments and consult with the City regarding its UWMP and WSCP. If you have any questions, comments, or input, please contact Jasmine Showers, Water Resources Analyst, via email at [email protected] or by phone at (805) 897-2646.
Sincerely,
Dakota Corey.
Water Supply and Services Manager
DC:js
January 15, 2026
Kelley Dyer
General Manager
Carpinteria Valley Water District
[email protected]
Delivered Via Email
Subject: Notice of Preparation of the 2025 Urban Water Management Plan and Shortage Contingency Plan
Dear Kelley Dyer:
The City of Santa Barbara (City) is in the process of preparing its 2025 Urban Water Management Plan (UWMP) and Water Shortage Contingency Plan (WSCP) in compliance with the Urban Water Management Planning Act. An update of the City’s UWMP is required every five (5) years. In addition, the City is preparing an Appendix to the 2025 UWMP to demonstrate consistency with Delta Plan Policy WR P1, Reduce Reliance on the Delta Through Improved Regional Water Self-Reliance (California Code Reg., tit.23, §5003).
Water Code section 10621(b) requires an urban water supplier updating its UWMP and WSCP to notify cities and counties within its service area of the update at least sixty (60) days prior to holding a public hearing thereby encouraging public involvement and agency coordination. This letter serves as the City’s notice that it is preparing and updating its 2025 UWMP and WSCP.
The City’s draft 2025 UWMP and WSCP will be available for review prior to the public hearing and adoption meeting at: SantaBarbaraCA.gov/WaterVision.
The City will subsequently hold a noticed public hearing to hear public comments and consider adoption of the plan in 2026. You will be notified when the draft 2025 UWMP is complete and ready for public review and comment.
The City invites you to submit comments and consult with the City regarding its UWMP and WSCP. If you have any questions, comments, or input, please contact Jasmine Showers, Water Resources Analyst, via email at [email protected] or by phone at (805) 897-2646.
Sincerely,
Dakota Corey.
Water Supply and Services Manager
DC:js
January 15, 2026
Paeter Garcia
General Manager
Santa Ynez River Water Conservation District, Improvement District No. 1 [email protected]
Delivered Via Email
Subject: Notice of Preparation of the 2025 Urban Water Management Plan and Shortage Contingency Plan
Dear Paeter Garcia:
The City of Santa Barbara (City) is in the process of preparing its 2025 Urban Water Management Plan (UWMP) and Water Shortage Contingency Plan (WSCP) in compliance with the Urban Water Management Planning Act. An update of the City’s UWMP is required every five (5) years. In addition, the City is preparing an Appendix to the 2025 UWMP to demonstrate consistency with Delta Plan Policy WR P1, Reduce Reliance on the Delta Through Improved Regional Water Self-Reliance (California Code Reg., tit.23, §5003).
Water Code section 10621(b) requires an urban water supplier updating its UWMP and WSCP to notify cities and counties within its service area of the update at least sixty (60) days prior to holding a public hearing thereby encouraging public involvement and agency coordination. This letter serves as the City’s notice that it is preparing and updating its 2025 UWMP and WSCP.
The City’s draft 2025 UWMP and WSCP will be available for review prior to the public hearing and adoption meeting at: SantaBarbaraCA.gov/WaterVision.
The City will subsequently hold a noticed public hearing to hear public comments and consider adoption of the plan in 2026. You will be notified when the draft 2025 UWMP is complete and ready for public review and comment.
The City invites you to submit comments and consult with the City regarding its UWMP and WSCP. If you have any questions, comments, or input, please contact Jasmine Showers, Water Resources Analyst, via email at [email protected] or by phone at (805) 897-2646.
Sincerely,
Dakota Corey.
Water Supply and Services Manager
DC:js
January 15, 2026
David Matson
General Manager
Goleta Water District
[email protected]
Delivered Via Email
Subject: Notice of Preparation of the 2025 Urban Water Management Plan and Shortage Contingency Plan
Dear David Matson:
The City of Santa Barbara (City) is in the process of preparing its 2025 Urban Water Management Plan (UWMP) and Water Shortage Contingency Plan (WSCP) in compliance with the Urban Water Management Planning Act. An update of the City’s UWMP is required every five (5) years. In addition, the City is preparing an Appendix to the 2025 UWMP to demonstrate consistency with Delta Plan Policy WR P1, Reduce Reliance on the Delta Through Improved Regional Water Self-Reliance (California Code Reg., tit.23, §5003).
Water Code section 10621(b) requires an urban water supplier updating its UWMP and WSCP to notify cities and counties within its service area of the update at least sixty (60) days prior to holding a public hearing thereby encouraging public involvement and agency coordination. This letter serves as the City’s notice that it is preparing and updating its 2025 UWMP and WSCP.
The City’s draft 2025 UWMP and WSCP will be available for review prior to the public hearing and adoption meeting at: SantaBarbaraCA.gov/WaterVision.
The City will subsequently hold a noticed public hearing to hear public comments and consider adoption of the plan in 2026. You will be notified when the draft 2025 UWMP is complete and ready for public review and comment.
The City invites you to submit comments and consult with the City regarding its UWMP and WSCP. If you have any questions, comments, or input, please contact Jasmine Showers, Water Resources Analyst, via email at [email protected] or by phone at (805) 897-2646.
Sincerely,
Dakota Corey.
Water Supply and Services Manager
DC:js
January 15, 2026
Ryan Drake
Water Supply and Conservation Manager
Goleta Water District
[email protected]
Delivered Via Email
Subject: Notice of Preparation of the 2025 Urban Water Management Plan and Shortage Contingency Plan
Dear Ryan Drake:
The City of Santa Barbara (City) is in the process of preparing its 2025 Urban Water Management Plan (UWMP) and Water Shortage Contingency Plan (WSCP) in compliance with the Urban Water Management Planning Act. An update of the City’s UWMP is required every five (5) years. In addition, the City is preparing an Appendix to the 2025 UWMP to demonstrate consistency with Delta Plan Policy WR P1, Reduce Reliance on the Delta Through Improved Regional Water Self-Reliance (California Code Reg., tit.23, §5003).
Water Code section 10621(b) requires an urban water supplier updating its UWMP and WSCP to notify cities and counties within its service area of the update at least sixty (60) days prior to holding a public hearing thereby encouraging public involvement and agency coordination. This letter serves as the City’s notice that it is preparing and updating its 2025 UWMP and WSCP.
The City’s draft 2025 UWMP and WSCP will be available for review prior to the public hearing and adoption meeting at: SantaBarbaraCA.gov/WaterVision.
The City will subsequently hold a noticed public hearing to hear public comments and consider adoption of the plan in 2026. You will be notified when the draft 2025 UWMP is complete and ready for public review and comment.
The City invites you to submit comments and consult with the City regarding its UWMP and WSCP. If you have any questions, comments, or input, please contact Jasmine Showers, Water Resources Analyst, via email at [email protected] or by phone at (805) 897-2646.
Sincerely,
Dakota Corey.
Water Supply and Services Manager
DC:js
March 27, 2026
Peter Cantle
Executive Director
Cachuma Conservation Release Board
[email protected]
Delivered Via Email
Subject: Notice of Preparation of the 2025 Urban Water Management Plan and Shortage Contingency Plan
Dear Peter Cantle:
The City of Santa Barbara (City) is in the process of preparing its 2025 Urban Water Management Plan (UWMP) and Water Shortage Contingency Plan (WSCP) in compliance with the Urban Water Management Planning Act. An update of the City’s UWMP is required every five (5) years. In addition, the City is preparing an Appendix to the 2025 UWMP to demonstrate consistency with Delta Plan Policy WR P1, Reduce Reliance on the Delta Through Improved Regional Water Self-Reliance (California Code Reg., tit.23, §5003).
Water Code section 10621(b) requires an urban water supplier updating its UWMP and WSCP to notify cities and counties within its service area of the update at least sixty (60) days prior to holding a public hearing thereby encouraging public involvement and agency coordination. This letter serves as the City’s notice that it is preparing and updating its 2025 UWMP and WSCP.
The City’s draft 2025 UWMP and WSCP will be available for review prior to the public hearing and adoption meeting at: SantaBarbaraCA.gov/WaterVision.
The City will subsequently hold a noticed public hearing to hear public comments and consider adoption of the plan in 2026. You will be notified when the draft 2025 UWMP is complete and ready for public review and comment.
The City invites you to submit comments and consult with the City regarding its UWMP and WSCP. If you have any questions, comments, or input, please contact Jasmine Showers, Water Resources Analyst, via email at [email protected] or by phone at (805) 897-2646.
Sincerely,
Dakota Corey.
Water Supply and Services Manager
DC:js
PUBLIC NOTICE
City of Santa Barbara
NOTICE IS HEREBY GIVEN that the City Council of the City of Santa Barbara will conduct a Public Hearing on Tuesday, June 16, 2026 during the afternoon session of the meeting which begins at 2:00 p.m. in the Council Chamber, City Hall, 735 Anacapa Street, Santa Barbara. You are invited to attend this hearing and address your verbal comments to the City Council. Written comments are also welcome up to the time of the hearing, and should be addressed to the City Council via the City Clerk’s Office via email at [email protected], or by mail at P.O. Box 1990, Santa Barbara, CA 93102-1990.
Public comment may be given in person at the meeting or remotely via Zoom. Members of the public who wish to give public comment remotely may do so by completing the Zoom registration at the URL provided on the front page of the agenda.
On Thursday, June 11, 2026 an Agenda with all items to be heard on Tuesday, June 16, 2026, will be available at City Hall, 735 Anacapa Street, and at the Central Library.
Agendas and Staff Reports are also accessible online at http://www.santabarbaraca.gov/CAP. The Agenda includes instructions for participation in the meeting. If you wish to participate in the public hearing, please follow the instructions on the posted Agenda.
The hearing is to consider the adoption of the City of Santa Barbara 2025 Urban Water Management Plan and 2025 Water Shortage Contingency Plan, according to the requirements of California Water Code Division 6, Part 2.6, Chapter 3, commencing with § 10620. A copy of the proposed Urban Water Management Plan and Water Shortage Contingency Plan is available for public review online at www.SantaBarbaraCA.gov/WaterVision. The preparation and adoption of the Urban Water Management Plan is exempt from the California Environmental Quality Act under California Water Code § 10652.
In compliance with the Americans with Disabilities Act, if you need auxiliary aids or services or staff assistance to attend or participate in this meeting, please contact the City Administrator’s Office at 564-5305. If possible, notification at least 48 hours prior to the meeting will usually enable the City to make reasonable arrangements. Specialized services, such as sign language interpretation or documents in Braille, may require additional lead time to arrange.
(SEAL)
Sarah Gorman, MMC
City Clerk Services Manager
[Date of Posting]
City of Santa Barbara
2025 Water Shortage Contingency Plan VI
Attachment 6- Resolution Approving the
WSCP
Resolution to be included following adoption.
City of Santa Barbara
Council Agenda Report
Agenda Date: June 16, 2026
To: Mayor and Councilmembers
From: City Administrator’s Office
Subject: Approval of Development and Disposition Agreements and Related Agreements for the Paseo Nuevo Redevelopment Project
[Ordinance Introduction; Agreement]
Recommendation: That Council:
A. Find that the Paseo Nuevo Redevelopment Project is consistent with the Plan Santa Barbara General Plan Program Environmental Impact Report (SCH No. 2009011031) and is exempt from further environmental review pursuant to CEQA Guidelines Section 15183, as documented in the Section 15183 Environmental Checklist prepared for the Project, and direct the filing of a Notice of Determination under Public Resources Code Section 21152 and CEQA Guidelines Section 15094;
B. Introduce and subsequently adopt, by reading of title only, an Ordinance of the City of Santa Barbara Approving and Authorizing Execution of (1) the Paseo Nuevo Redevelopment Project Development And Disposition Agreement Between The City Of Santa Barbara And PNSB Real Estate, LLC, (2) The Paseo Nuevo Redevelopment Project Development And Disposition Agreement Between The City Of Santa Barbara And DSP Santa Barbara Sub LLC, And (3) Related Agreements Necessary Or Convenient For Implementation Of The Projects Described Therein, Including Transfer Of Fee Title To Exempt Surplus City Owned Property – APNs 037-400-001; 037-400-002; 037-400-003; 037-400-004; 037- 400-005; 037-400-006; and 037-400-019; and
C. Authorize the City Administrator and City Attorney to take such further actions and execute ancillary agreements, instructions, or other documents necessary or convenient to close escrow and implement the agreements.
Executive Summary:
The Paseo Nuevo Redevelopment Project represents a major opportunity to revitalize the center of Downtown Santa Barbara by transforming the long-vacant former Macy’s and Nordstrom buildings into a vibrant, mixed-use development. The project is anchored by Agenda Item No. 16
Council Agenda Report
Approval of Development and Disposition Agreements and Related Agreements for the Paseo Nuevo Redevelopment Project [Ordinance Introduction; Agreement] June 16, 2026
adaptive reuse of both buildings, enabling downtown revitalization to move faster, with less construction disruption, and with significant community benefits.
The City, as successor to the former Redevelopment Agency, owns the multiple parcels that make up the Paseo Nuevo Property. The Paseo Nuevo Property is currently encumbered by long-term leases and other agreements that restrict its use. Transformation of Paseo Nuevo requires interrelated agreements as described in this report.
Yardi Systems, a local company with global reach, would repurpose the former Macy’s building to serve as its corporate offices. Yardi Systems, through its subsidiary PNSB Real Estate, LLC (Yardi), would acquire ownership of the leasehold interest to a majority of Paseo Nuevo from the current long-term lessee, Paseo Propco, LLC, including the former Macy’s parcel and building, the inline shopping parcels and center, and the mall’s parking lot (Lot #1). Yardi would also acquire the City’s underlying fee interest through the proposed development and disposition agreement between the City and Yardi (Yardi DDA). To enhance the public benefits from this approach, Yardi would contribute $5 million to the City’s Local Housing Trust Fund and $700,000 to support the City’s Downtown Plaza and Parking Program.
DSP Santa Barbara Sub, LLC (DSP) is the current long-term lessee of the former Nordstrom parcel and is pursuing adaptive reuse of the Nordstrom building to create between 80 and 112 rental housing units, 10% of which would be affordable to moderateincome households earning 80% - 120% of the area median income (AMI). DSP would acquire the City’s underlying fee interest in the former Nordstrom parcel through the proposed development and disposition agreement between the City and DSP (DSP DDA).
DSP would also make a $1 million public benefit contribution to the City to help revitalize downtown and contribute another $700,000 to the City’s Local Housing Trust Fund.
Transfer of the City’s fee interest would be subject to existing recorded easements held by third parties.
Together, the two projects represent approximately $100 million in private-sector investment. This major reinvestment in downtown revitalization would reactivate longdormant buildings and bring hundreds of residents, employees, and visitors downtown day and night. Yardi Systems’ reactivation of the former Macy’s building will require design review by the Historic Landmarks Commission. DSP’s housing project at the former Nordstrom building is being processed under the City’s Adaptive Reuse Ordinance and will require design review by the Historic Landmarks Commission.
Implementation of the proposed redevelopment requires three interrelated sets of agreements. The first set relates to a purchase and sale agreement between Yardi and Paseo Propco LLC, the current leaseholder of the former Macy's building, the inline Council Agenda Report
Approval of Development and Disposition Agreements and Related Agreements for the Paseo Nuevo Redevelopment Project [Ordinance Introduction; Agreement] June 16, 2026
shops, and parking Lot #1. The purchase agreement is a private agreement to which the City is not a party. The second set relates to the Yardi DDA, including the DDA itself and related agreements described in exhibits to the Yardi DDA. The third set relates to the DSP DDA, including the DDA itself and related agreements described in exhibits to the DSP DDA. Many of the related agreements are the same or similar for both the Yardi DDA and DSP DDA, including agreements terminating existing leases and restrictive covenants and deeds granting the respective parcels that each will be acquiring from the City. The Yardi DDA contemplates a separate agreement for parking permits in Lots #2 and #10. In addition, there is a need to restate the easement agreement for the nonvacated De la Guerra Street area. The DSP DDA contemplates a separate agreement for parking permits in Lot #2 and restrictive covenant agreements related to residential use and affordability. The DDAs also contemplate a new mutual use agreement between Yardi and DSP to govern relationships as adjoining owners.
All of the agreements are interrelated, meaning that all must be executed for any of them to be effective. Paseo Propco, LLC and Yardi have agreed to and executed the private purchase and sale agreement. Yardi and DSP have agreed to and executed the DDAs and related agreements. All of the agreements are contingent upon the City Council’s approval of the DDAs and related agreements.
City staff recommend that Council approve the DDAs and the related agreements to which the City is a party. Advancing the project would resolve long-standing legal and financial constraints on the property for the City, align public and private goals, provide community benefits, and position Paseo Nuevo as a catalyst for long-term downtown reinvestment and revitalization.
Discussion:
Background
The City holds fee title to the parcels making up the Paseo Nuevo Shopping Center. That fee interest is encumbered by: long-term ground leases with approximately 40 years remaining; a 1989 Construction, Operation and Reciprocal Easement Agreement (REA); and recorded parking covenants, which together leave the City's underlying fee with limited monetary value. Following the closure of two anchor tenants in 2017 and early 2020, the Paseo Nuevo Shopping Center has ceased to provide the economic and community benefits originally contemplated.
In March 2024, the City Council declared the property exempt surplus land (Resolution No. 24-016), and the California Department of Housing and Community Development concurred that the property qualifies as exempt surplus land under Government Code section 54221(f)(1)(j).
Council Agenda Report
Approval of Development and Disposition Agreements and Related Agreements for the Paseo Nuevo Redevelopment Project [Ordinance Introduction; Agreement] June 16, 2026
This proposed transaction would transform the center into a mixed-use district through two related, concurrently closing deals: a housing development by DSP on the former Nordstrom site, and conversion of the former Macy's building to corporate offices by Yardi, with continued retail, parking, and nonprofit uses in the remainder of the Paseo Nuevo Shopping Center. Both DDAs are conditioned on the other closing.
Summary of Agreements
The descriptions below outline the various agreements to which the City is a party.
DSP DDA (Former Nordstrom Parcel — Housing)
The City would convey fee title to the former Nordstrom Parcel to DSP, in exchange for DSP's commitment to develop a mixed-use residential project of at least 80 units under the City's Adaptive Reuse Ordinance, with 10% of units deed-restricted as affordable at the moderate-income level (80–120% AMI). Closing requires terminating the Nordstrom Ground Lease, the REA, and certain parking agreements, and recording a new Affordability Covenant, a Residential Use Covenant (primary residence and no short-term rentals). DSP would have the right to obtain up to 80 parking permits in City Lot #2 under a separate agreement with the City. DSP would contribute $1.7 million in public benefits:
$500,000 within 30 days of the effective date, $500,000 after building permit issuance (for a total of $1 million for the City to use at its discretion for improvements or services to enhance Santa Barbara’s downtown area):, and $700,000 to the Local Housing Trust Fund upon issuance of a Certificate of Occupancy. The Project remains subject to the City's full, independent discretionary review and approval. This Agreement does not preapprove any development. The covenants in the DDA are specifically enforceable in court.
Yardi DDA (Former Macy's and Inline/Lot 1 Parcels — Office/Retail) The City would convey fee title to Yardi of the remainder of the Paseo Nuevo Property (all of the parcels other than the former Nordstrom parcel, including the former Macy's parcels, the inline retail parcels, and Lot #1 parcels). Yardi would convert the former Macy's building into its downtown corporate offices and continue retail, theater, and museum uses on the inline parcels with community-benefit uses preserved for at least 7 years (current community benefit partners are Center Stage Theater and Museum of Contemporary Art). Yardi would have the right to up to 250 parking permits in City Lots #2 and #10 under a separate agreement with the City. Yardi would contribute $5.7 million in public benefits ($5 million to the Local Housing Trust Fund; $700,000 to the Downtown Parking Fund), paid in installments tied to the effective date, building permit, and Certificate of Occupancy. The covenants in the DDA are specifically enforceable in court.
Affordability Control Covenant (817 State Street — Residential Project) Council Agenda Report
Approval of Development and Disposition Agreements and Related Agreements for the Paseo Nuevo Redevelopment Project [Ordinance Introduction; Agreement] June 16, 2026
This recorded covenant requires DSP to maintain affordable rental units within the new mixed-use residential project being developed on the former Nordstrom site. At least 10% of the project's residential units must be restricted to moderate-income households earning between 80–120% of AMI for a 90-year term. Affordable rents are capped using a defined formula tied to AMI, a target income percentage, and unit-size adjustment factors, with rents set annually subject to City approval. The covenant requires annual compliance reporting, allows City inspections, and grants the City enforcement remedies including the right to collect rents from units occupied in violation. The covenant runs with the land and binds all successors and lenders.
Residential Use Covenant (817 State Street — Residential Project) This recorded covenant restricts use of the residential units in the DSP project to occupants who agree to use the unit as their primary residence, with all rentals requiring a written lease. Units may not be used as short-term vacation rentals (rentals of fewer than 30 days). DSP is responsible for enforcement and must use City-approved lease provisions implementing the covenant. The covenant requires annual compliance certification and authorizes the City to request copies of the rental agreement to verify compliance. The covenant runs with the land and binds successors and lenders.
Lot #2 Parking Agreement (DSP — Residential Project)
This agreement provides DSP with up to 80 overnight (24/7) parking permits within City Parking Lot #2 to serve residents of the project. DSP would submit permittee information to the City, which issues permits by license plate; permit holders must execute a standard City permit agreement and pay a monthly fee per the City's standard commuter permit fee schedule. The agreement is perpetual but may be terminated if the property ceases to be used for the project or if the City discontinues Lot #2 as a public parking lot; however, the City commits to maintaining Lot #2 parking for at least 10 years and to providing replacement permits at the nearest lot if it does terminate use of Lot #2.
Parking Agreement (Yardi— Commercial Project)
This agreement provides Yardi with up to 250 parking permits across City Lots #2 and #10 to serve Yardi’s office and commercial uses. The allocation is 50 24/7 permits and 50 commuter permits in Lot #2, plus 150 commuter permits in Lot #10. Yardi pays full standard commuter rates for the 24/7 permits and 75% of standard rates for the 200 commuter permits. The agreement is perpetual, subject to termination if Yardi Systems stops using the property for the project, discontinues public parking in the former Lot #1 area, or the City discontinues the lots for parking (with replacement-permit protections).
The agreement runs with the land and may be assigned to a purchaser.
Council Agenda Report
Approval of Development and Disposition Agreements and Related Agreements for the Paseo Nuevo Redevelopment Project [Ordinance Introduction; Agreement] June 16, 2026
Council Deal Framework Discussion on June 2, 2026
City staff presented the negotiated framework to the City Council for public discussion and direction on June 2, 2026. Council members offered a number of comments, including: a request to explore incorporating a dedicated space for Chumash cultural heritage into the project; consideration of maintaining ground-floor retail space along the State Street frontage of the former Macy's building; increased attention to the permitting process with involvement by the City Administrator's Office; consideration of performance milestones within the agreements; a local-first leasing priority for the retail spaces; translation of the project-related agreements into Spanish; and consideration of an additional contribution to the Local Housing Trust Fund. Staff will continue to explore these items with the development teams as the project advances through the entitlement and permitting process. However, these items will not change the agreements as presently negotiated, and an additional financial contribution is not a consideration for this transaction at this time.
In response to the request for translation, the development and disposition agreements, restrictive covenants, and parking agreements were translated into Spanish and made available for public review on June 5, 2026, via the City website, concurrent with the public release of the English versions of the agreements. The agreements are attached to this Council Agenda Report and located on the City project page website, located here:
https://santabarbaraca.gov/projects/paseo-nuevo-redevelopment.
Next Steps
The proposed ordinance would approve and authorize execution of the DDAs and the related agreements. The ordinance is recommended for introduction at the June 16, 2026, Council meeting and subsequent adoption at the meeting of June 30, 2026. Escrow is scheduled to close on July 30, 2026, which is also when the ordinance would become effective. At close of escrow, the City would transfer fee title to Yardi and DSP as provided in their respective DDAs.
Following execution of the DDAs, DSP will continue to pursue its pending adaptive reuse land use and entitlement application and Yardi Systems will submit its formal land use and entitlement application. Following closing, DSP’s land use and entitlement process is anticipated to be finalized this year and Yardi Systems’ entitlement process is anticipated to begin in Summer 2026, with the goal of commencing construction for both projects in 2027.
Budget/Financial Information:
The City would convey its encumbered fee interests without a cash purchase price, consistent with the exempt-surplus-land determination and the limited monetary value of Council Agenda Report
Approval of Development and Disposition Agreements and Related Agreements for the Paseo Nuevo Redevelopment Project [Ordinance Introduction; Agreement] June 16, 2026
the encumbered fee. The transaction generates $7,400,000 in combined public benefit contributions ($5,700,000 from Yardi and $1,700,000 from DSP), of which $5,700,000 is directed to the Local Housing Trust Fund, $1 million to downtown improvements, and $700,000 to the Downtown Parking Fund, plus ongoing monthly parking-permit revenue.
These contributions, together with the private-sector investment of approximately $100 million, would support new affordable and workforce housing, economic activity, and downtown revitalization.
New ongoing City revenues associated with the project are estimated to include approximately $180,000 in annual transient occupancy tax, approximately $40,000 in annual sales tax, and nearly $120,000 in the City’s share of annual property tax, in addition to monthly parking permit revenue to the Downtown Parking Fund.
The City will continue refuse-collection for the properties, which is consistent with trash collection on the Paseo Nuevo site since its opening and is included in a Master Agreement that the City has with Marborg.
Sustainability Impact:
The adaptive reuse of the former Macy’s and Nordstrom buildings, rather than full demolition and reconstruction, would deliver significant environmental benefits by reusing existing structures and reducing construction waste. By integrating housing, employment, and retail in a walkable downtown location served by existing parking and transit, the project supports reduced vehicle miles traveled and contributes to the City’s greenhouse gas reduction goals. New construction associated with the adaptive reuse and tenant improvements would be subject to California’s Green Building Standards Code, promoting energy efficiency, water conservation, and waste reduction. Incorporation of high-efficiency fixtures, drought-tolerant landscaping, and potential use of solar-ready infrastructure will support long-term resource conservation.
Environmental Review:
The proposed Project is consistent with the City’s General Plan and Zoning and involves the adaptive reuse of existing buildings. Conversion of the former Macy’s building will require interior modifications along with minor exterior work primarily to add windows. The exterior design will require approval by the Historic Landmarks Commission. Building permits for the conversions are ministerial actions. Conversion of the former Nordstrom building to housing will be subject to review and approval under the City’s adaptive reuse ordinance. An application for that conversion has been submitted and has undergone several rounds of staff comments. Proposed work will be accomplished by modification of existing structures. There is no subsurface excavation or grading contemplated. The Council Agenda Report
Approval of Development and Disposition Agreements and Related Agreements for the Paseo Nuevo Redevelopment Project [Ordinance Introduction; Agreement] June 16, 2026
exterior design will require approval by the Historic Landmarks Commission. Building permits for the conversions are ministerial actions.
CEQA Guidelines Section 15183 allows projects consistent with the development density established by an adopted general plan to proceed without additional environmental review, except as to effects that are peculiar to the project or site, that were not analyzed in the prior program EIR, or that are potentially more severe than the program EIR disclosed. To support this determination, City staff prepared a Section 15183 Environmental Checklist (dated June 2, 2026), supported by a Master Environmental Assessment Report, a Phase 1 Archaeological Resources Report (2026), and a Site Access, Circulation and Parking Analysis (2026).
The Checklist evaluated all CEQA environmental topics, including aesthetics, air quality and greenhouse gas emissions, biological and cultural resources, geology and soils, hazards and hazardous materials, hydrology, land use, noise, transportation, utilities, and wildfire. For each topic, the Checklist found no project-specific peculiar effects, relying on uniformly applied development standards (such as Historic Landmarks Commission design review, Building Code and Climate Action Plan compliance, archaeological monitoring, and applicable municipal ordinances) to address potential impacts. The Project largely reuses two former department store buildings for office, commercial, and residential uses without changing the building footprints, and requires no general plan amendment, rezone, or substantial grading. The site includes a closed leaking underground storage tank case for which regulatory agencies have issued a case closure letter; Santa Barbara County Environmental Health Services must confirm site suitability for residential use prior to building permit issuance.
Based on this evaluation, staff concluded that the Project would not result in peculiar impacts, substantially more severe impacts, newly feasible mitigation measures, or new significant environmental effects beyond those analyzed in the Program EIR, and that no additional environmental review is warranted.
Attachments:
1. CEQA Section 15183 Environmental Checklist
2. Yardi Systems Development and Disposition Agreement
3. DSP Development and Disposition Agreement
4. Restated Non-vacated De La Guerra Street Easement
Prepared and
Submitted By: Tess Harris, State Street Master Planner
Daniel Hentschke, Assistant City Attorney
Council Agenda Report
Approval of Development and Disposition Agreements and Related Agreements for the Paseo Nuevo Redevelopment Project [Ordinance Introduction; Agreement] June 16, 2026
Approved By: Kelly McAdoo, City Administrator
15183 Environmental Checklist
Project Title : Paseo Nuevo Redevelopment Project
Project Description: The project would transform the Paseo Nuevo Shopping Center into a mixed -use development. The project includes continuation of existing retail, parking, and other uses consistent with the City’s General Plan and zoning. Development of office uses on the former Macy’s parcel requires interior and exterior alterations to the existing building . E xterior alterations require design review by the Historic Landmark s Commission. No change to the building footprint is proposed. The building located on the former Macy’s building wi ll remain . The project includes adaptive reuse of the former Nordstrom’s building to develop a mixed -use residential housing project having from 80 to 112 residential units using the City’s new Adaptive Reuse Ordinance. The is no grading or excavation required for the project, except for minor trenching that may be required for the installation of utility facilities as may be necessary to comply with service requirements under the City’s Municipal Code.
Date: 6/2/2026 Preparer: Julia Pujo, Environmental Analyst This Environmental Checklist has been prepared pursuant to CEQA Guidelines Section 15183 to determine whether the proposed project would result in:
1. Peculiar effects to the parcel or projec t that cannot be mitigated by uniformly applied development standards ;
2. Significant effects not analyzed in the Plan Santa Barbara General Plan Program EIR (SCH No. 2009011031) ;
3. Significant offsite or cumulative effects not analyzed in the Program EIR ;
4. More severe impacts than discussed in the Program EIR.
A Master Environmental Assessment (MEA) Report was completed to support this evaluation and is attached. The following special studies were prepared for the project:
• Phase 1 Archaeological Resources Report (2026) by Heather McDaniel McDevitt, RPA • Site Access, Circulation and Parking Analysis (2026) by ATE ATTACHMENT 1
15183 Environmental Checklist
Paseo Nuevo Redevelopment Project
1. AESTHETICS
a. Would the project obstruct or substantially alter a recognized public scenic vista ? NO
b. Is the project located within a scenic corridor, shoreline area , hillside area , or other visually unique area , identified in the General Plan and MEA Report ? NO
c. Would the project conflict with zoning and other applicable regulations governing scenic quality ?
NO
Discussion: Exterior alterations to the project require Historic Landmarks Commission approval. Changes relate to fenestration and exterior details and do not change the height or massing of the existing buildings.
Uniformly Applied Development Standards:
• Project requires Historic Landmarks Commission approval, ensuring the project is consistent with applicable Design Review Guidelines and other regulations governing scenic quality .
• Project must meet the City’s outdoor lighting requirements. See SBMC 22.75.
Finding: No project-specific peculiar effects identified.
2. AIR QUALITY AND GREENHOUSE GAS EMISSIONS
a. Is the site located within 250 feet of Highway 101, and includes one of the following?
NO
☐ Residential use
☐ S chool
☐ Community care facility
CEQA Section 15183 Determination
Paseo Nuevo Redevelopment Project
b. Would construction activities substantially exceed those typically associated with a similar development and use ?
NO
c. Does the project contain uses that exceed the following ? YES ☐ 290 residential units ;
☒ 30,000 sf of retail
☐ 340 hotel rooms
d. Was the site previously developed, or does the proposed project include, a use that generates air pollutants or odors (body shop, dry cleaner, manufacturing, etc.) or propose new storage or use of chemicals or petroleum products, exceeding 100 gallons ?
NO
e. Is the project inconsistent with the 2025 Climate Action Plan and MEA Guidelines for Greenhouse Gas Analysis ?
NO
Discussion: Construction associated with the project is minor in scope and is not anticipated to exceed APCD emissions thresholds. The project will reuse existing retail buildings that were formerly department stores for office, commercial and residential uses, resulting in comparable air quality and GHG emissions. Approximately 30,000 sf of existing retail space located on the project site between the two former department store buildings will remain. Residential units will be all electri c and no new natural gas conne ctions are proposed. As the project does not propose substantial new development or redevelopment , the project is consistent with the Climate Action Plan . The project land use assumptions are consistent with regional air quality plans .
Uniformly Applied Development Standards:
• The project must meet r equirements of the California Green Building Standards Code, Title 24 .
• The p roject must be consisten t with the Climate Action Plan and MEA Guidelines for Greenhouse Gas Analysis .
CEQA Section 15183 Determination
Paseo Nuevo Redevelopment Project
• The p roject must use electrified off -road landscaping equipment (e.g., leaf blowers ) for ongoing operations and maintenance pursuant to S BMC 9.16.
Finding: No project-specific peculiar effects identified.
3. BIOLOGICAL RESOURCES
a. Does the project site contain any of the following, as indicated on the MEA Report , California Natural Diversity Database (CNDD), or field site condition s? NO
☐ Environmentally Sensitive Habitat Area (ESHA)
☐ Wetlands
☐ Creeks or streams
☐ Riparian
☐ Oak Woodland
☐ Perennial Grasslands
☐ Coastal Sage Scrub or Chaparral, or ,
☐ Other sensitive natural communities
b. Would the project potentially impact sensitive natural communities listed above? NO
c. Are special -status species known or likely to occur on the site? NO
d. Does the project involve development within a creek setback, habitat buffer, or other sensitive biological resource area?
NO
e. Does the project require removal /alteration of mature trees? NO
Discussion: The project site does not contain natural habitat or biological resources .
Uniformly Applied Development Standards:
CEQA Section 15183 Determination
Paseo Nuevo Redevelopment Project
• Projects requiring tree removal or alteration must comply with the Tree Preservation Ordinance. See SBMC 15.24.
• Nesting Bird s conditions apply to projects requiring vegetation and tree removal , pursuant to the Migratory Bird Act .
Finding: No project-specific peculiar effects identified.
4. CULTURAL AND TRIBAL CULTURAL RESOURCES
a. Does the site contain structures more than 50 years old? NO
b. Is the project site listed on or eligible for one of the following? NO
☐ Local Register of Historic Resources
☐ Structure of Merit
☐ City Landmark
☐ California Register of Historic Resources
☐ National Register of Historic Places
☐ Within a Historic District
c. Does the project involve demolition, relocation, or substantial alteration of a potentially historic resource?
NO
d. Is the site located within an archaeological resource sensitivity area , as indicated on the MEA Report ?
YES
e. Does the site contain known archaeological resources? YES
f. Has tribal consultation or coordination identified the potential presence of tribal cultural resources on site ?
NO
CEQA Section 15183 Determination
Paseo Nuevo Redevelopment Project
Discussion: While the project site is within the vicinity of historic resources, the project would be required to adhere to the Historic Preservation Ordinance and requires Historic Landmarks Commission approval, which would ensure that no significant impacts to historic resources would occur. Additionally, archaeo logical resources are in the vicinity of the project site ; however the project area is previously disturbed and contains existing subterranean development that would have previously impacted any potential sub surface cultural resources. The project will entail minimal new ground disturbance. Standard conditions for a Workers Environmental Awareness Program (WEAP) and Archaeological Monitoring are required for ground disturbing activities . Tribal outreach and consultation did not yield any new information about the potential presence of any tribal cultural resources. In connection with the prior project at this location , consultation under PRC 21080.66(b) was conducted in 2025 . The City was required to provide fo rmal notification via certified mail and email to each California Native American tribe that is traditionally and culturally affiliated with the project site as an invitation to consult on the Project, its location, and the project’s potential effects on t ribal cultural resources. The City provided said required notification via certified mail on September 15, 2025 and email on September 16, 2025, to five Native American tribes and received a consultation request from one tribe, the Santa Ynez Band of Chuma sh Indians. The City concluded the tribal consultation process on October 27, 2025. As a result of that consultation there were conditions imposed with respect to the potential excavation on Lot 2 and it all related to unknown archeological conditions.
Uniformly Applied Development Standards:
• Projects must comply with the Historic Resource Preservation Ordinance. See SBMC
30.157 .
• Projects must comply with the MEA Guidelines for Historic Resources. • Pursuant to the Archaeological Preservation Ordinance ( 22.12) and MEA Guidelines for Archaeological and Tribal Cultural Resources, the following development standards apply to the project :
o Unanticipated Discovery of Archaeological and Tribal Cultural Resources .
CEQA Section 15183 Determination
Paseo Nuevo Redevelopment Project
o Workers Environmental Awareness Program (WEAP) .
o Archaeological Monitoring .
• Statutory tribal consultation and tribal notification requirements apply under AB 52, SB 6, AB 168, and AB 130.
Finding: No project-specific peculiar effects identified.
5. GEOLOGY AND SOILS
a. Is the project located within one of the following, as indicated on the MEA Report or Geological Report ?
YES
☐ Fault hazard zone
☐ L andslide hazard zone
☒ High Liquefaction Hazard Zone
☒ High Expansive Soils
☐ Moderate or High S lope St ability
☐ Shoreline Hazards Area
b. Is the project an essential facility such as a hospital, police or fire station, emergency operations center, or major public utility ?
NO
c. Does the project involve substantial grading beyond that anticipated for similar development under the General Plan?
NO
Discussion: The project must comply with Building Code requirements. Because there are no structural expansions, the project will not result in new or substantially increased geology or soil impacts .
Uniformly Applied Development Standards:
• Projects must demonstrate compliance with the California Building Code prior to issuance of a Building Permit.
CEQA Section 15183 Determination
Paseo Nuevo Redevelopment Project
• Project with in geologic hazard zones are subject to requirements and conditions with the MEA Guidelines for Geology and Soils.
Finding: No project-specific peculiar effects identified.
6. HAZARDS AND HAZARDOUS MATERIALS
a. Is the site listed on the Cortese List or other regulatory database for hazardous materials contamination , such as Geo Tracker ?
YES
b. Is the site within the area of potentially contaminated fill? YES
c. Is the site located within 50 feet of an oil well?
NO
d. Does the site contain any Recognized Environmental Conditions? Refer to the project Phase 1 Environmental Site Assessment, if available.
YES
Discussion: The project site contains a closed leaking underground storage tank (LUST) case. According to the State Water Resources Control Board's GeoTracker database, cleanup operations at this closed LUST site have occurred, and regulatory agencies have issued a ca se closure letter verifying that residual contamination no longer poses a threat to human health or environmental waters. The scope of work is limited to minor interior and exterior alterations with no expansion of the building footprint. Santa Barbara Cou nty Environmental Health Services and the Regional Water Quality Control Board provide regulatory o versight of the project site and will ensure the site is suitable for the proposed uses.
Uniformly Applied Development Standards:
• Project must comply with applicable federal, state, and local regulations pertaining to site contamination and corrective actions.
CEQA Section 15183 Determination
Paseo Nuevo Redevelopment Project
• Pursuant to the requirements of SBMC 30.185 , Santa Barbara County Environmental Health Services must make a determination pursuant to subdivision (c) of Section 25296.10 of the Health and Safety Code, that the site is suitable for residential use .
Finding: No project-specific peculiar effects identified.
7. HYDROLOGY, WATER QUALITY, AND FLOODING
a. Is the site in a Flood Hazard Zone (A, AE, AH, or AO) or designated FEMA Floodway? See FEMA Flood Map. Sites within Zones D or X zones are excluded from this requirement .
NO
b. Would the project alter drainage patterns within a creek or waterway ? NO
c. Would the project be inconsistent with the City Stormwater Management Program requirements ?
NO
Discussion: Because t he project will not alter the existing building footprint or introduce new impervious surfaces, stormwater runoff patterns will remain unchanged.
Uniformly Applied Development Standards:
• Project sites within a Flood Hazard Zone must comply with the City Floodplain Management Ordinance. See SBMC 22.24 .
• Projects must be consistent with the City Stormwater Management Program.
Finding: No project-specific peculiar effects identified.
CEQA Section 15183 Determination
Paseo Nuevo Redevelopment Project
8. LAND USE AND PLANNING
a. Does the project require a General Plan Amendment, Local Coastal Plan Amendment, Rezone, and/or Annexation ?
NO
Discussion: The project includes continuation of existing retail, parking, and other uses consistent with the City’s General Plan and zoning. The proposed mixed -use and residential uses align with the General Plan, zoning ordinance, adopted Housing Element goals , and Adaptive Reuse Ordinance.
Finding: No project-specific peculiar effects identified.
9. NOISE
a. Would project construction involve extensive subsurface excavation (underground parking structure or basement) , pile driving , or construction activities substantially different from those anticipated for similar development ? NO
b. Does the project propose residential uses on a site located in an area with ambient noise levels greater than 65 dBA , as indicated on the MEA Report ? NO
c. Would the project include any amplified noise, outdoor speakers, or unusual operational noise sources?
NO
d. Is the project located adjacent to sensitive receptors (residents, schools, community care facilit ies) where unique noise impacts may occur? NO
Discussion: Construction noise will be temporary, minor, and confined to the interior or immediate exterior of existing structures. The transition from commercial/retail use to a mixed -use residential development will not generate significant new noise sources.
Reside ntial uses are inherently quiet. New mechanical equipment, such as residential CEQA Section 15183 Determination
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HVAC units, will be required to comply with local noise ordinances, which limit ambient noise increases at adjacent property lines.
Uniformly Applied Development Standards:
• Projects must comply with the City Noise Ordinance. See SBMC 9.16.
Finding: No project-specific peculiar effects identified.
10. TRANSPORTATION AND CIRCULATION
a. Would the project significantly increase Vehicle Miles Traveled? NO
b. Would the project generate substantially more trips than anticipated for the applicable land use designation?
NO
c. Would the project have inadequate emergency access or create a circulation hazard?
NO
d. Will the project conflict with adopted City policies or programs supporting complete street facilities for alternative travel modes? NO
e. Would the project conflict with applicable Transportation Demand Management requirements?
NO
Discussion: The project is within a high quality transit corridor. The S ite Access, Circulation and Parking Analysis analyzed VMT and site access, and demonstrates impacts would be less than significant.
Uniformly Applied Development Standards:
• Sites must comply with Street Dedication and Improvement Requirements within SBMC 22.44.
CEQA Section 15183 Determination
Paseo Nuevo Redevelopment Project
• Projects must comply with the MEA Guidelines for Transportation Analysis Finding: No project-specific peculiar effects identified.
11. UTILITIES AND PUBLIC SERVICES
a. Is the site located outside of an existing service area for utilities and public serv ices ?
NO
b. Would the project require substantial new utility infrastructure? Projects greater than 10 single family residences , 20 multi-unit residences, or more than 20,000 square feet of commercial retail /office, institutional, industrial uses should confirm with appropriate Water Division and Wastewater Division staff.
NO
c. Would the project generate solid waste disposal that results in disproportion al use of remaining landfill capacity ? Projects greater than 10 single family residences, 20 multi -unit residences, or more than 20,000 square feet of commercial retail/office, institutional, industrial uses should confirm with appropriate Public Works staff.
NO
Discussion: The project’s utility demands are consistent with the growth projections evaluated in the General Plan EIR. Compliance with modern building codes, low -flow plumbing standards, and uniform municipal utility fees ensures that the redevelopment will not exceed the capacities of the El Est ero Water Resource Center or local water supplies .
Uniformly Applied Development Standards:
• Projects must comply with Building and Fire Code requirements. • Projects must comply with Fire Department access, water supply, fire flow, and fire protection standards .
CEQA Section 15183 Determination
Paseo Nuevo Redevelopment Project
• Projects must comply with various requirements pertaining to water service availability and connection, wastewater collection, and solid waste collection standards. • Payment of applicable utility connection fees, capacity charges, and development impact fees offset project contributions to public facility and utility usage. • Work within the City right -of-way Projects requires a Public Improvement Permit. • Projects must comply with Stormwater Management Program requirements and • Projects must comply with Sewer Lateral Inspection Program requirements .
Finding: No project-specific peculiar effects identified.
12. WILDFIRE
a. Is the project located within a Very High Fire Hazard Severity Zone? NO
b. Does the project impair an emergency response plan ? NO
Discussion: The project is in an urban infill area outside of any fire hazard zone, and would not increase risk of wildfire.
Uniformly Applied Development Standards:
• The project must comply with the Fire Code requirements.
Finding: No project-specific peculiar effects identified.
SECTION 15183 DETERMINATION
Based on the evaluation above:
☒ The project would not result in peculiar impacts, substantially more severe impacts, newly feasible mitigation measures, or new significant environmental effects beyond those analyzed in the Plan Santa Barbara General Plan Program EIR (SCH No. 2009011031) . ☐ Additional environmental review is warranted for the following environmental resource topics : Click or tap here to enter text.
CEQA Section 15183 Determination
[PROJECT ADDRESS, PLN]
PASEO NUEVO REDEVELOPMENT PROJECT
DISPOSITION AND DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF
SANTA BARBARA, CALIFORNIA
AND
PNSB REAL ESTATE, LLC
701 State Street
Santa Barbara, California
ATTACHMENT 2
Table of Contents
Page
ARTICLE 1. SUBJECT OF AGREEMENT/DEFINITIONS. ........................... 3
1.1. Purpose of Agreement....................................................................................3
1.2. Definitions. ...................................................................................................4 ARTICLE 2. PARTIES TO THE AGREEMENT. ........................................... 10
2.1. Parties.........................................................................................................10
2.2. No Third-Party Beneficiaries........................................................................ 10
2.3. No Joint Venture..........................................................................................10 ARTICLE 3. YARDI CONVEYANCE............................................................. 10
3.1. Yardi Conveyance........................................................................................10
3.2. REA Termination; MUA; Parking Agreements Termination. ......................... 10
3.3. City Deliveries. ........................................................................................... 11
3.4. Yardi Deliveries........................................................................................... 11
3.5. Additional Conditions Precedent to Close of Escrow..................................... 11
3.6. Condition of Yardi Transfer Parcels. ............................................................. 12
3.7. Discovery of Hazardous Materials................................................................ 14
3.8. Escrow........................................................................................................14
3.9. Title Insurance.............................................................................................16 ARTICLE 4. USE OF YARDI TRANSFER PARCELS. .................................. 17
4.1. Use of Former Macy's Parcel ……………………………………………...... 17
4.2 Use of Inline/Lot 1 Parcels…………………………………………………... 17
4.3 Change of Use ………………………………………………………………. . 17
ARTICLE 5. YARDI PUBLIC BENEFITS CONTRIBUTIONS..................... 18
5.1 Public Benefit Contributions........................................................................ 18
5.2 Timing of Public Benefit Contributions........................................................ 18 ARTICLE 6. DEFAULT AND REMEDIES. .................................................... 18
6.1. Application of Remedies..............................................................................18
6.2. Fault of City. ...............................................................................................19
6.3. Fault of Yardi. .............................................................................................19
6.4. Survival. .....................................................................................................20
6.5. Limitation on Remedies - Rights and Remedies Cumulative.......................... 20
6.6. Inaction Not a Waiver of Default.................................................................. 21
6.7. No Attorneys’ Fees. .....................................................................................21 ARTICLE 7. GENERAL PROVISIONS.......................................................... 21
7.1. Yardi Representations and Warranties........................................................... 21
7.2. City Representations and Warranties. ........................................................... 22
7.3. Notices, Demands and Communications....................................................... 23
7.4. Non-Liability of Officials, Employees and Agents. ....................................... 24
7.5. Enforced Delay............................................................................................24
7.6. Indemnification...........................................................................................24
7.7. No Third Party Beneficiary. ......................................................................... 25
7.8. Title of Parts and Sections............................................................................25
7.9. Applicable Law. ..........................................................................................25
7.10. Severability. ................................................................................................25
7.11. Binding Upon Successors; Covenants to Run with Land; Term of the Agreement.............................................................................................................25
7.12. Parties Not Co-Venturers. ............................................................................26
7.13. Entire Understanding of the Parties. ............................................................. 26
7.14. City Approval..............................................................................................26
7.15. Incorporation of Exhibits. ............................................................................26
7.16. Context and Construction.............................................................................26
7.17. Effectiveness of Agreement.......................................................................... 26
7.18. Counterparts. ...............................................................................................26
7.19. Amendments...............................................................................................27
7.20. Police Power................................................................................................27
7.21. No Obligation to Third Parties. .................................................................... 27
7.22. Brokers. ......................................................................................................27
7.23. Standard of Approval...................................................................................27 1 DISPOSITION AND DEVELOPMENT AGREEMENT
This Disposition and Development Agreement is dated as of this __ day of ______________, 2026, for identification purposes and is entered into by and between PNSB REAL ESTATE, LLC, a California limited liability company (“Yardi”) and its successors and assigns, and THE CITY OF SANTA BARBARA, CALIFORNIA, municipal corporation (“City”).
BACKGROUND AND PURPOSE
A. The City is the fee simple owner of multiple parcels of real property associated with the Paseo Nuevo Shopping Center pursuant to Grant Deed No. 61-456 recorded February 19, 2017, as Instrument No. 2016-0007814 in the Official Records of the County of Santa Barbara (collectively, the “Paseo Nuevo Property”) and generally depicted on Exhibit A attached hereto.
B. The Paseo Nuevo Property is encumbered by numerous “Paseo Nuevo Agreements” as such term is defined in the Assignment and Assumption of Paseo Nuevo Documents, recorded in the Official Records of the County of Santa Barbara as Instrument No. 2018-0031878, including the ground leases described in Recitals C and D and that certain Construction, Operation and Reciprocal Easement Agreement dated as of February 24, 1989 by and between the City (as successor-in-interest to the Redevelopment Agency of the City of Santa Barbara), Paseo Propco, LLC (“Propco”) (as successor-in-interest to Santa Barbara Associates and Carter Hawley Hale Stores, Inc.) and DSP Santa Barbara Sub, LLC, a Delaware limited liability company (“DSP”) (as successor-in-interest to Nordstrom, Inc. a Washington corporation), as the same may be further amended, supplemented, replaced, restated and/or otherwise modified from time to time (the “REA”). As encumbered by the Paseo Nuevo Agreements, the City’s fee interest in the Paseo Nuevo Property has limited monetary value to the City.
C. Propco is the current ground lessee of portions of the Paseo Nuevo Property as follows: (1) the “Inline/Lot 1 Ground Lease” (defined below), which includes Parcels 2 and 12 of Parcel Map No. 20,504, according to the map thereof recorded February 24, 1989, filed in Book 42 of Parcel Maps, at pages 86 through 98, inclusive, of the Official Records of the County of Santa Barbara, California (“Parcel Map No. 20,504”)referred to in this Agreement as the “Inline Retail Parcel;” (2) the Third Amendment to the Inline /Lot 1 Ground Lease, which includes Parcels 4, 5, 6, 13, and 14 of Parcel Map No. 20,504 referred to in this Agreement as the “Lot 1 Parcel”; and (3) the “Macy’s Ground Lease” (defined below), which includes Parcels 3, 9, 10, and 11 of Parcel Map No. 20,504 referred to in this Agreement as the “Former Macy’s Parcel.” Collectively, these ground leases are referred to in this Agreement as the “Paseo Developer Ground Leases” and the affected parcels as the “Yardi Transfer Parcels”.
D. DSP is the current ground lessee of a portion of the Paseo Nuevo Property pursuant to that certain Lease Agreement (the “Nordstrom Ground Lease”), between the City (as successor-in-interest to the Redevelopment Agency of the City of Santa Barbara), and DSP (as successor-in-interest to Nordstrom, Inc., a Washington corporation), which governs Parcels 1, 7, and 8 of Parcel Map No. 20,504, which are referred to in this Agreement as the “Former Nordstrom Parcel.”
2 E. On March 5, 2024, the City Council adopted Resolution No. 24-016, A Resolution Of The City Council Of The City Of Santa Barbara Declaring Designated Parcels Of City-Owned Property To Be Exempt Surplus Land Pursuant To Subparagraph (J) Of Paragraph (1) Of Subdivision (F) Of California Government Code Section 54221 – Paseo Nuevo, pertaining to the Paseo Nuevo Property. By letter dated March 18, 2024, the California Department of Housing and Community Development notified the City that the Paseo Nuevo Property qualifies as “exempt surplus land” under Government Code section 54221, subdivision (f)(1)(j), due to existing constraints under contractual rights.
F. The Paseo Nuevo Property has been developed with an outdoor regional shopping center commonly referred to as the Paseo Nuevo Shopping Center. However, due to changed economic circumstances, including closure of two anchor tenants, the Paseo Nuevo Shopping Center no longer provides the financial or community benefits originally envisioned by the City or the lessees under the Paseo Developer Ground Leases or the Nordstrom Ground Lease.
Therefore, the City, Propco, DSP, and Yardidesire to transform the Paseo Nuevo Shopping Center into a mixed-use development that includes a new housing development by DSP on the Former Nordstrom Parcel and reuse of the former Macy’s building as Yardi’s downtown Santa Barbara corporate offices on the Former Macy’s Parcel, along with a continuation of certain retail, parking, and other uses consistent with the City’s general plan and zoning. Accomplishment of this transformation requires that the City’s fee interest in the Yardi Transfer Parcels be transferred in fee as contemplated by this Agreement, and the Former Nordstrom’s Parcel be transferred in fee by the City to DSP under a separate, but related, disposition and development agreement between the City and DSP executed on or about the date hereof (“DSP DDA”). Further, accomplishment of the transformation requires termination of the Paseo Developer Ground Leases, the Nordstrom Ground Lease, the REA, and the Parking Agreements (defined below), and execution of a new MUA (defined below), and new parking agreements for City Lots 2 and 10 (collectively, the “Related Agreements”).
G. Yardi has entered into that certain Purchase and Sale Agreement by and between Yardi, as buyer, and Propco, as seller, wherein Yardi agrees to acquire all Propco’s right, title and interest in and to the Former Macy’s Parcel, the Inline Retail Parcel, and the Lot 1 Parcel, and Propco further agrees to execute all documents necessary to terminate the Paseo Developer Ground Leases and any other agreements necessary to allow the City to convey to Yardi fee title to such parcels, upon the Close of Escrow (herein defined).
H. To effectuate the desired redevelopment of the Paseo Nuevo Property, the City shall execute terminations of the Related Agreements and will transfer its fee interest to the Yardi Transfer Parcels to Yardi, as provided in this Agreement. Additionally, the City will provide 250 parking permits for Yardi’s needs in City Parking Lots #2 and #10 pursuant to an agreement between the City and Yardi.
I. This Agreement includes the following exhibits and documents attached to this Agreement or incorporated into this Agreement by reference.
1. Exhibit A – Paseo Nuevo Property
3 5. Exhibit B – Grant Deed
6. Exhibit C – Macy’s Ground Lease Termination Agreement
7. Exhibit D – Inline/ Lot 1 Ground Lease Termination Agreement
8. Exhibit E – REA Termination Agreement
9. Exhibit F – Mutual Use Agreement
10. Exhibit G – Parking Agreements Termination
11. Exhibit H – Yardi Parking Agreement
ARTICLE 1. SUBJECT OF AGREEMENT / DEFINITIONS.
1.1. Purpose of Agreement.
1.1.1. The purpose of this Agreement is to effectuate the redevelopment of Paseo Nuevo Shopping Center via the: (1) termination of the Paseo Developer Ground Leases; (2) transfer of fee title to the Yardi Transfer Parcels to Yardi via the Grant Deed; and (3) execution of the Related Agreements all effective concurrently with the Close of Escrow. Together, these actions are referred to as the “Yardi Paseo Transaction.” The closing of the transaction contemplated by the Purchase Agreement (defined herein), the Yardi Paseo Transaction and the Yardi Conveyance (defined herein) shall occur at the Close of Escrow, subject to the terms and conditions of this Agreement. Further, the DSP Transaction (defined herein) and the Yardi Paseo Transaction are intended to close concurrently and all parties to both transactions have agreed to cooperate in good faith to accomplish the concurrent closing; provided, however, that such condition may be waived by the Parties.
1.1.2. As stated in Recital F, the City and Yardi desire to allow the change of the existing use of the Former Macy’s Parcel from retail to Office Use (defined below) consistent with the City General Plan and applicable zoning ordinances. Any future development and change of use on any or all of the Yardi Transfer Parcels shall be subject to separate processing by the City, which shall be subject to the City’s standard procedures and to the same requirements as any project not subject to this Agreement.
1.1.3. This Agreement establishes the terms and conditions for the Yardi Paseo Transaction as more fully described in this Agreement, and subject to certain conditions precedent set forth herein.
1.1.4. This Agreement is entered into for the purpose of the partial redevelopment of the Paseo Nuevo Property. The Yardi Paseo Transaction provided for in this Agreement is in the 4 best interest of the City and the health, safety, and welfare of its residents, and is in accord with the public purposes and provisions of applicable state and local laws. The City wishes to facilitate transformation of the Paseo Nuevo Property in accordance with this Agreement to stimulate economic development within the City.
1.2. Definitions.
In addition to words and phrases defined by parenthetical clauses within the various sections of this Agreement, the following words and phrases have the definitions set forth in this Section 1.2.
1.2.1. Agreement.
“Agreement” means this Disposition and Development Agreement.
1.2.2. City.
“City” means the City of Santa Barbara, California, a municipal corporation and a charter city, operating through its governing body, the City Council, and its various departments.
1.2.3. City Administrator.
“City Administrator” means the person holding the position of City Administrator of the City and any City officer or employee exercising authority expressly delegated by the City Administrator to implement provisions of this Agreement.
1.2.4. City Council.
“City Council” means the governing body of the City.
1.2.5. City Delays.
“City Delays” means an (i) unexcused failure by the City to take an action required of it within the time frame specified for that action by this Agreement, or (ii) delay in a performance by Yardi caused by any action of the City that precludes performance by Yardi. City Delay does not include ordinary delays arising from the processing or review of regulatory permits or approvals.
1.2.6. City Event of Default.
“City Event of Default” means the events set forth in Section 6.2.1. 5 1.2.7. Close of Escrow.
“Close of Escrow” means the closing of the Yardi Paseo Transaction as contemplated by this Agreement. The Close of Escrow for the Yardi Paseo Transaction shall close concurrently with the close of escrow for the DSP Transaction.
1.2.8. DSP Transaction.
“DSP Transaction” means the transaction between the City and DSP as described in the DSP DDA, including execution of the Related Agreements.
1.2.9. Effective Date.
“Effective Date” means the date on which this Agreement, as executed and delivered by Yardi, is executed by the City after final approval by the Santa Barbara City Council.
In no instance shall the Effective Date be earlier than the effective date of the ordinance adopted by the City Council approving and authorizing the execution of this Agreement.
1.2.10. Encumbrance.
“Encumbrance” means and includes any mortgage, trust deed, encumbrance, lien or other mode of financing real estate.
1.2.11. Escrow Agent.
“Escrow Agent” means First American Title Insurance Company Attn: Julie Ramirez and Amy Kim.
1.2.12. Force Majeure Event.
“Force Majeure Event” means acts of God (such as earthquake, firestorm, flood, etc.), extreme weather (such as earthquake, tornado, flood, blizzard, hurricane, etc.), fires, explosions and other casualties; act of the public enemy, war, insurrection, riot, unavoidable casualty, blockade, embargos, disruption to transportation or supply lines, strikes, lockouts or other labor or industrial disturbances; sabotage; terrorism; civil unrest or other civil disturbance; shortages of, or inability to obtain, utilities or materials; stop work orders; preemptions, restrictions or changes in law imposed by any governmental authority after the date hereof; future order of any government, court or regulatory body claiming jurisdiction; failure or inability to secure materials, supplies or labor through ordinary sources by reason of shortages or priority or similar regulation or order of any government or regulatory body actual or threatened pandemic, epidemic or other emergency, including any government-imposed or mandated shutdowns, quarantine restrictions or delays; global financial disruption; tariffs, and any other events which are beyond Yardi’s reasonable control, whether or not similar to the aforementioned events, in each case which prevents, hinders or delays Yardi’s ability to perform its obligations hereunder (other than lack of funds of Yardi).
6 1.2.13. Governmental Restrictions.
“Governmental Restrictions” means and includes any and all laws, statutes, ordinances, codes, rules, regulations, writs, injunctions, orders, decrees, rulings, conditions of approval, or authorization, now in force or which may hereafter be in force, of a governmental entity, agency or political subdivision having jurisdiction over the Yardi Transfer Parcels.
1.2.14. Grant Deed.
“Grant Deed” means that certain instrument conveying fee simple title to the Yardi Transfer Parcels from the City to Yardi, substantially in the form attached hereto as Exhibit B.
1.2.15. Hazardous Materials.
“Hazardous Materials” means: (i) any chemical, compound, material, mixture or substance that is now or may later be defined or listed in, or otherwise classified pursuant to, any Hazardous Materials Law as a “hazardous substance”, “hazardous waste”, “extremely hazardous waste”, “acutely hazardous waste”, “radioactive waste”, “infectious waste”, “biohazardous waste”, “toxic substance”, “pollutant”, “toxic pollutant”, “contaminant”, as well as any formulation not mentioned herein intended to define, list or classify substances by reason of deleterious properties such as ignitability, corrosivity, reactivity, carcinogenicity, toxicity, reproductive toxicity, “EP” toxicity, or “TCLP toxicity”; (ii) petroleum, natural gas, natural gas liquids, liquefied natural gas, synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and ash produced by a resource recovery facility utilizing a municipal solid waste stream, and drilling fluids, produced waters and other wastes associated with the exploration, development or production of crude oil, natural gas, or geothermal resources; (iii) “hazardous substance” as defined in Section 25281 of the California Health and Safety Code; (iv) “waste” as defined in Section 13050(d) of the California Water Code; (v) asbestos in any form; (vi) urea formaldehyde foam insulation; (vii) transformers or other equipment which contain dielectric fluid containing levels of polychlorinated biphenyls (PCBs) in excess of 50 parts per million; (viii) radon; and (ix) any other chemical, material, or substance that, because of its quantity, concentration, or physical or chemical characteristics, exposure to which is now or hereafter limited or regulated for health and safety reasons by any governmental authority, or which poses or is later determined to pose a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment. The term “Hazardous Materials” shall not include: construction materials, gardening materials, household products, office supply products or janitorial supply products customarily used in the construction, maintenance, rehabilitation, or management of residential property, or commonly used or sold by hardware, home improvement stores, or medical clinics and which are used and stored in accordance with all applicable Hazardous Materials Laws.
1.2.16. Hazardous Materials Laws.
“Hazardous Materials Laws” means all present and future federal, state and local laws, ordinances, regulations, permits, guidance documents, policies, decrees, orders and any other requirements, whether statutory, regulatory or contractual, of governmental authorities relating to health, safety, the environment or the use, handling, disposal or transportation of any Hazardous 7 Materials (including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Resource Conservation Recovery Act, the Clean Water Act, the Clean Air Act, and the applicable provisions of the California Health and Safety Code and the California Water Code, as each such statute may from time to time be amended, and the rules, regulations and guidance documents promulgated pursuant to any such statute).
1.2.17. Inline /Lot 1 Ground Lease Termination.
“Inline /Lot 1 Ground Lease Termination” means an instrument terminating the Inline/Lot 1 Ground Lease, substantially in the form attached in Exhibit D.
1.2.18. Inline /Lot 1 Ground Lease.
“Inline /Lot 1 Ground Lease” means that certain Ground Lease dated as of February 24, 1989, by and between the City (as successor-in-interest to the Redevelopment Agency of the City of Santa Barbara), as landlord, and Propco, as tenant (successor-by-assignment to Santa Barbara Associates as the original tenant thereunder), as the same has been, amended, supplemented, replaced, restated and/or otherwise modified from time to time.
1.2.19. Macy’s Ground Lease.
“Macy’s Ground Lease” means that certain Lease Agreement, dated as of February 24, 1989, by and between the City (as successor-in-interest to the Redevelopment Agency of the City of Santa Barbara), as landlord, and Propco, as tenant (successor-by-assignment to Carter Hawley Hale Stores, Inc., as the original tenant thereunder), as the same has been amended, supplemented, replaced, restated and/or otherwise modified from time to time.
1.2.20. Macy’s Ground Lease Termination.
“Macy’s Ground Lease Termination” means an instrument terminating the Macy’s Ground Lease substantially in the form attached in Exhibit C.
1.2.21. MUA
“MUA” means that certain Mutual Use Agreement by and between Yardi and DSP substantially in the form attached in Exhibit F.
1.2.22. Office Use.
“Office Use” means administrative, financial, business, professional, and public offices as well as a mix of complimentary uses as permitted by the Santa Barbara Municipal Code. 8 1.2.23. Parcel Map No. 20,504.
“Parcel Map No. 20,504” means the subdivision map recorded February 24, 1989, filed in Book 42 of Parcel Maps, at pages 86 through 98, inclusive, of the Official Records of the County of Santa Barbara, California.
1.2.24. Party/Parties.
“Parties” means the City and Yardi, collectively, and “Party” means either the City or Yardi.
1.2.25. Parking Agreements Termination.
“Parking Agreements Termination” means, that certain Termination Agreement Paseu Nuevo Parking Covenants, Conditions, and Restrictions City Lots #1, #2 and #10 by and between the City, Propco and DSP in the form attached hereto as Exhibit G terminating (1) the Paseo Nuevo Lot 1 Public Parking Covenants, Conditions and Restrictions Agreement by and among the City (as successor-in-interest to the Redevelopment Agency of the City of Santa Barbara), Propco (as successor-in-interest to Santa Barbara Associates and Carter Hawley Hale Stores, Inc.) and DSP (as successor-in-interest to Nordstrom, Inc. a Washington corporation), dated as of February 24, 1989 and recorded as Instrument No. 89-012338 in the Official Records; (2) the Paseo Nuevo Lot 2 Public Parking Covenants, Conditions and Restrictions Agreement by and among the City (as successor-in-interest to the Redevelopment Agency of the City of Santa Barbara), Propco (as successor-in-interest to Santa Barbara Associates and Carter Hawley Hale Stores, Inc.) and DSP (as successor-in-interest to Nordstrom, Inc. a Washington corporation), dated as of February 24, 1989 and recorded as Instrument No. 89-012339 in the Official Records; (3) the Paseo Nuevo Lot 10 Public Parking Covenants, Conditions and Restrictions Agreement by and among the City (as successor-in-interest to the Redevelopment Agency of the City of Santa Barbara), Propco (as successor-in-interest to Santa Barbara Associates and Carter Hawley Hale Stores, Inc.) and DSP (as successor-in-interest to Nordstrom, Inc. a Washington corporation), dated as of February 24, 1989 and recorded as Instrument No. 89-012340 in the Official Records, and (4) the Amendment to Parking Covenants and Parking Agreement by and among the City (as successor-in-interest to the Redevelopment Agency of the City of Santa Barbara), Propco (as successor-in-interest to Santa Barbara Associates and Carter Hawley Hale Stores, Inc.) and DSP (as successor-in-interest to Nordstrom, Inc. a Washington corporation), dated as of February 24, 1989 and recorded as Instrument No. 89-012341 in the Official Records (collectively, the “Parking Agreements”).
1.2.26. Paseo Developer Ground Leases.
“Paseo Developer Ground Leases” means, collectively, the Macy’s Ground Lease and the Inline /Lot 1 Ground Lease, as amended, supplemented, replaced, restated and/or otherwise modified from time to time.
9 1.2.27. Purchase Agreement.
“Purchase Agreement” means that certain Purchase and Sale Agreement dated as of ________, 2026 entered into between Propco and Yardi.
1.2.28. REA Termination.
“REA Termination” means an instrument terminating the REA substantially in the form attached hereto as Exhibit E.
1.2.29. Person.
“Person” means an individual, corporation, partnership, limited liability company, joint venture, association, firm, joint stock company, trust, unincorporated association, public agency, or other entity.
1.2.30. Santa Barbara Municipal Code or SBMC.
“Santa Barbara Municipal Code” or “SBMC” means the Santa Barbara Municipal Code as existing on the date of this Agreement and as may be amended from time to time thereafter.
1.2.31. Term of the Agreement.
“Term of the Agreement” means the period from the Effective Date until the Close of Escrow, unless this Agreement is earlier terminated in accordance with this Agreement, provided however, that the provisions of Section 6.4, will survive any termination or expiration of the Term of the Agreement for a period of twelve (12) months.
1.2.32. Title Company.
“Title Company” means First American Title Insurance Company, Attn: Miriam Franco, or such other national title insurance company selected by Yardi.
1.2.33. Yardi.
“Yardi” means PNSB Real Estate, LLC, a California limited liability company.
1.2.34. Yardi Event of Default.
“Yardi Event of Default” means the events set forth in Section 6.3.1.
1.2.35. Yardi Conveyance.
“Yardi Conveyance” means the conveyance of fee title to the Yardi Transfer Parcels from the City to Yardi upon the Close of Escrow. 10 1.2.36. Yardi Transfer Parcels.
“Yardi Transfer Parcels” means the Inline Retail Parcel, the Former Macy’s Parcel, and the Lot 1 Parcel.
1.2.37. Yardi Parking Agreement
“Yardi Parking Agreement” means the Parking Agreement by and between the City and Yardi substantially in the form attached in Exhibit H.
ARTICLE 2. PARTIES TO THE AGREEMENT.
2.1. Parties.
As of the Effective Date, the City and Yardi are the only Parties to this Agreement.
2.2. No Third-Party Beneficiaries.
There are no third-party beneficiaries to this Agreement whether express or implied.
2.3. No Joint Venture.
The City and Yardi are not and shall not be deemed to be partners, co-venturers, joint ventures or in any other way related to one another, nor shall either City or Yardi have any fiduciary or agency relationship with the other.
ARTICLE 3. YARDI CONVEYANCE.
3.1. Yardi Conveyance.
At the Close of Escrow, the Parties shall fully execute and deliver to Escrow Agent (defined below) and have notarized, as applicable, each for recording in the Official Records of Santa Barbara County, California (“Official Records”): (i)the Macy’s Ground Lease Termination; (ii) the Inline/Lot 1 Ground Lease Termination; and (iii) the Grant Deed.
3.2. REA Termination; MUA; Parking Agreements Termination.
At the Close of Escrow, in addition to the items set forth in Section 3.1, the Parties shall fully execute and have notarized, as applicable, and deliver to Escrow Agent, for recording in the Official Records: (i) the REA Termination; (ii) the MUA; (iii) the Parking Agreements Termination; and (iv) the YardiParking Agreement. The Parties acknowledge that Close of Escrow is contingent upon concurrent closing of escrow of the transactions contemplated by the DSP DDA. 11 3.3. City Deliveries.
Prior to the Close of Escrow, the City shall deposit to the Escrow Agent each of the applicable documents specified in Sections 3.1 and 3.2 duly executed and acknowledged by City and, where applicable, DSP, and otherwise in recordable form.
3.4. Yardi Deliveries.
Prior to the Close of Escrow, Yardi shall deposit to the Escrow Agent each of the applicable documents specified in Sections 3.1 and 3.2 duly executed and acknowledged by Yardi and otherwise in recordable form.
3.5. Additional Conditions Precedent to Close of Escrow.
The following shall also constitute conditions to the Close of Escrow which conditions shall be satisfied by the scheduled Close of Escrow or otherwise waived by the Parties:
(a) Yardi and the City shall have executed and delivered mutuallyagreed-upon irrevocable Escrow instructions authorizing Escrow Agent to record and thereafter deliver to the City the closing documents specified in Section 3.1 and 3.2; (b) As of Close of Escrow there are no material defaults (after the giving of notice and a reasonable opportunity to cure) by Yardi under this Agreement, unless waived by the City;
(c) As of Close of Escrow, there are no defaults (after the giving of notice and a reasonable opportunity to cure) by the City under this Agreement, unless waived by Yardi;
(d) As of Close of Escrow, DSP shall have executed and delivered to Escrow Agent (i) the REA Termination; (ii) the MUA; and (iii) the Parking Agreements Termination.
(e) As of Close of Escrow, Propco shall have executed and delivered to Escrow Agent (i) the Macy’s Ground Lease Termination; (ii) the Inline/Lot 1 Ground Lease Termination; (iii) the REA Termination; and (iv) the Parking Agreements Termination. (f) The City shall have delivered to Escrow Agent a statement executed by the City Administrator that Yardi has made the Initial Yardi Contribution required by Section
5.1 (a) of this Agreement.
If, despite the Parties’ good faith efforts, any condition set forth in Section 3.5(d) or Section 3.5(e) above (or any item enumerated thereunder) fails to occur on or before the Outside Closing Date, then each of City and Yardi shall have the right to terminate this Agreement by written notice to the other, and all rights and obligations of the Parties hereunder shall terminate, except for those provisions that expressly survive termination. 12 Provided the conditions precedent set forth in this Article 3 have been satisfied or otherwise waived by the Parties, upon the terms, covenants and conditions set forth in this Agreement, City agrees to convey to Yardi, and Yardi agrees to accept from City, City’s fee interest in the Yardi Transfer Parcels in accordance with this Agreement and the Grant Deed. The Close of Escrow for the Paseo Transaction shall close concurrently with the close of escrow for the DSP Transaction; provided, however, such condition may be waived by the Parties.
3.6. Condition of Yardi Transfer Parcels.
(a) Due Diligence. Yardi acknowledges that it has conducted all studies and investigations of the Yardi Transfer Parcels that it has deemed necessary to assure itself of the physical condition of the Yardi Transfer Parcels and the suitability of such for the uses contemplated by this Agreement.
(b) “As Is” Conveyance.
(i) YARDI SPECIFICALLY ACKNOWLEDGES AND
AGREES THAT THE CITY IS CONVEYING TO YARDI AND YARDI IS ACQUIRING FROM THE CITY THE YARDI TRANSFER PARCELS ON AN “AS IS WITH ALL FAULTS” BASIS
AND THAT YARDI IS NOT RELYING ON ANY REPRESENTATIONS OR WARRANTIES OF
ANY KIND WHATSOEVER, EXPRESS (EXCEPT AS EXPRESSLY SET FORTH IN THIS
AGREEMENT) OR IMPLIED, FROM THE CITY AS TO ANY MATTERS CONCERNING THE YARDI TRANSFER PARCELS, INCLUDING WITHOUT LIMITATION: (A) THE QUALITY,
NATURE, ADEQUACY AND PHYSICAL CONDITION OF THE INLINE RETAIL PARCEL (INCLUDING, WITHOUT LIMITATION, TOPOGRAPHY, CLIMATE, AIR, WATER RIGHTS,
WATER, GAS, ELECTRICITY, UTILITY SERVICES, GRADING, DRAINAGE, SEWERS, ACCESS TO PUBLIC ROADS AND RELATED CONDITIONS); (B) THE QUALITY,
NATURE, ADEQUACY, AND PHYSICAL CONDITION OF SOILS, GEOLOGY AND
GROUNDWATER, (C) THE EXISTENCE, QUALITY, NATURE, ADEQUACY AND
PHYSICAL CONDITION OF UTILITIES SERVING THE YARDI TRANSFER PARCELS, (D) THE DEVELOPMENT POTENTIAL OF YARDI TRANSFER PARCELS AND THE YARDI’S
USE, HABITABILITY, MERCHANTABILITY, OR FITNESS, SUITABILITY, VALUE OR
ADEQUACY OF THE YARDI TRANSFER PARCELS FOR ANY PARTICULAR PURPOSE, (E) THE ZONING OR OTHER LEGAL STATUS OF THE YARDI TRANSFER PARCELS OR
ANY OTHER PRIVATE OR GOVERNMENTAL RESTRICTIONS ON THE USE OF THE
YARDI TRANSFER PARCELS, (F) THE COMPLIANCE OF THE YARDI TRANSFER
PARCELS OR ITS OPERATION WITH ANY APPLICABLE CODES, LAWS, REGULATIONS,
STATUTES, ORDINANCES, COVENANTS, CONDITIONS AND RESTRICTIONS OF ANY
GOVERNMENTAL OR QUASI-GOVERNMENTAL ENTITY OR OF ANY OTHER PERSON
OR ENTITY, AND (G) THE PRESENCE OR ABSENCE OF HAZARDOUS MATERIALS ON,
UNDER OR ABOUT THE YARDI TRANSFER PARCELS OR EMANATING FROM THE ADJOINING OR NEIGHBORING PROPERTY. YARDI AFFIRMS THAT IT HAS NOT
RELIED ON THE SKILL OR JUDGMENT OF THE CITY OR ANY OF ITS RESPECTIVE
AGENTS, EMPLOYEES, CONSULTANTS OR CONTRACTORS TO SELECT OR FURNISH
THE YARDI TRANSFER PARCELS FOR ANY PARTICULAR PURPOSE, AND THAT THE
CITY MAKES NO WARRANTY THAT THE YARDI TRANSFER PARCELS ARE FIT FOR ANY PARTICULAR PURPOSE. YARDI ACKNOWLEDGES THAT IT SHALL USE ITS 13 INDEPENDENT JUDGMENT AND MAKE ITS OWN DETERMINATION AS TO THE SCOPE
AND BREADTH OF ITS DUE DILIGENCE INVESTIGATION WHICH IT SHALL MAKE
RELATIVE TO YARDI TRANSFER PARCELS AND SHALL RELY UPON ITS OWN
INVESTIGATION OF THE PHYSICAL, ENVIRONMENTAL, ECONOMIC AND LEGAL
CONDITION OF THE YARDI TRANSFER PARCELS (INCLUDING, WITHOUT
LIMITATION, WHETHER THE YARDI TRANSFER PARCELS ARE LOCATED IN ANY
AREA WHICH IS DESIGNATED AS A SPECIAL FLOOD HAZARD AREA, DAM FAILURE
INUNDATION AREA, EARTHQUAKE FAULT ZONE, SEISMIC HAZARD ZONE, HIGH
FIRE SEVERITY AREA OR WILDLAND FIRE AREA, BY ANY FEDERAL, STATE OR LOCAL CITY). YARDI UNDERTAKES AND ASSUMES ALL RISKS ASSOCIATED WITH ALL MATTERS PERTAINING TO THE YARDI TRANSFER PARCELS’S LOCATION IN ANY
AREA DESIGNATED AS A SPECIAL FLOOD HAZARD AREA, DAM FAILURE
INUNDATION AREA, EARTHQUAKE FAULT ZONE, SEISMIC HAZARD ZONE, HIGH
FIRE SEVERITY AREA OR WILDLAND FIRE AREA, BY ANY FEDERAL, STATE OR LOCAL CITY.
(ii) Yardi’s Release of the City. Except as set forth in the representations and warranties of City in this Agreement, a breach by the City of its obligations under this Agreement or the gross negligence or willful misconduct of the City, Yardi, on behalf of itself and anyone claiming by, through or under it, hereby waives its right to recover from and fully and irrevocably releases the City and its City Council members, board members, employees, officers, directors, representatives, attorneys and agents (the “Released Parties”) from any and all claims, responsibility or liability that Yardi may have or hereafter acquire against any of the Released Parties for any claims, fines, penalties, fees, costs, loss, liability, damage, expenses, demand, action or cause of action arising from or related to the condition (including any construction defects, errors, omissions or other conditions, latent or otherwise), valuation, salability or utility of the Yardi Transfer Parcels as of the Close of Escrow, or its suitability for any purpose whatsoever.
(iii) Scope of Release. Except as set forth in Section 3.6(b)(ii), the release set forth in Section 3.6(b)(ii) hereof includes claims (other than claims for the presence of Hazardous Materials on, under or about the Yardi Transfer Parcels prior to the Close of Escrow) of which Yardi is presently unaware or which Yardi does not presently suspect to exist which, if known by Yardi, would materially affect its release of the Released Parties. Yardi specifically waives the provision of any statute or principle of law that provides otherwise. In this connection and to the extent permitted by law, Yardi agrees, represents and warrants that Yardi realizes and acknowledges that factual matters now unknown to Yardi may have given or may hereafter give rise to causes of action, claims, fines, penalties, fees, demands, debts, controversies, damages, costs, losses and expenses which are presently unknown, unanticipated and unsuspected, and Yardi further agrees and represents that the waivers and releases herein have been negotiated and agreed upon in light of that realization and that Yardi nevertheless hereby intends to release, discharge and acquit the City from any such unknown causes of action, claims, fines, penalties, fees, demands, debts, controversies, damages, costs, losses and expenses. Accordingly, Yardi, on behalf of itself and anyone claiming by, through or under it, hereby assumes the above-mentioned risks and hereby expressly waives any right Yardi and anyone claiming by, through or under it, may have under Section 1542 of the California Civil Code, which reads as follows:
14 “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT
TO EXIST IN HIS OR HER FAVOR AT THE TIME OF
EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM
OR HER MUST HAVE MATERIALLY AFFECTED HIS OR
HER SETTLEMENT WITH THE DEBTOR.”
Yardi’s Initials: ________
The provisions of this Section 3.6 shall survive the termination of this Agreement.
3.7. Discovery of Hazardous Materials.
3.7.1. Yardi’s Responsibility. Yardi hereby waives its right to recover from and fully and irrevocably releases the City from any and all claims, responsibility and/or liability that Yardi may have or hereafter acquire from the discovery of Hazardous Materials on, under or about the Yardi Transfer Parcels following the Close of Escrow, except to the extent that the release of Hazardous Materials on the Yardi Transfer Parcels was caused or suffered by the City (the “Released Matters”)..
3.7.2. Scope of Release. To the extent permitted by law, Yardi agrees that its release of the Released Matters in Section 3.7.1 is unaffected by factual matters now unknown to Yardi. Accordingly, Yardi, on behalf of itself and anyone claiming by, through or under Yardi, hereby expressly waives any right Yardi and anyone claiming by, through or under Yardi, may have under Section 1542 of the California Civil Code, which reads as follows:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT
TO EXIST IN HIS OR HER FAVOR AT THE TIME OF
EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM
OR HER MUST HAVE MATERIALLY AFFECTED HIS OR
HER SETTLEMENT WITH THE DEBTOR.”
Yardi’s Initials: ___________
The provisions of this Section 3.7 shall survive the termination of the Agreement.
3.8. Escrow.
Yardi and City shall open escrow with the Escrow Agent for the consummation of the transactions contemplated in this Agreement. The delivery to the Title Company of a duplicate original of this Agreement shall constitute the “Opening of Escrow.” The Escrow Agent shall accomplish the recordation of each of the (i) the Macy’s Ground Lease Termination (ii) the Inline/Lot 1 Ground Lease Termination; (iii) the REA Termination; (iv) the Parking Agreement Termination; (v) the Grant Deed; (vi) the Yardi Parking Agreement; (vii) the MUA; and (viii) any 15 other instruments required by the Purchase Agreement or the Official Records in conjunction with delivery to Yardi of the Yardi Policy (defined below) pursuant to and in conformity with Section
3.9 and any other the documents to be recorded pursuant to this Agreement as more particularly set forth herein (collectively, the “Recordable Agreements”). This Agreement constitutes the joint basic escrow instructions of City and Yardi with respect to the Yardi Conveyance. City and Yardishall provide such additional escrow instructions as shall be consistent with this Agreement and necessary for the accomplishment of its purpose. Escrow Agent is hereby empowered to act under this Agreement, and upon indicating within 5 days after the Opening of Escrow its acceptance of the provisions of this Section 3.8 in writing delivered to City and Yardi, shall carry out its duties hereunder. In the case of any inconsistency between the additional escrow instructions and this Agreement, the terms of this Agreement shall govern.
3.8.1. Closing Costs. The Title Company shall be paid the following fees, charges, and costs of the Escrow Agent pursuant to the Purchase Agreement promptly after the Escrow Agent has notified Yardi of the amount of such fees, charges and costs:
(a) The escrow fee;
(b) Recording fees, if any, for the Recordable Agreements and any other Encumbrance placed on the Yardi Transfer Parcels by or for the benefit of Yardi during the Term of the Agreement;
(c) Any other reasonable costs, expenses or fees of the escrow not otherwise provided for shall be paid pursuant to the Purchase Agreement.
3.8.2. Duty of Escrow Agent.
The Escrow Agent is authorized to:
(a) Pay and charge the party responsible for its fees, charges and costs payable under this Section 3.8. Before such payments or charges are made, Escrow Agent shall notify City and Yardi of the fees, charges and costs necessary for the Close of Escrow. (b) At the Close of Escrow, and upon the authorization to close given by each of the Parties or their representatives, record the following documents in the following order: (i) the Macy’s Ground Lease Termination (ii) the Inline/Lot 1 Ground Lease Termination; (iii) the REA Termination; (iv) the Parking Agreements Termination; (v) the Grant Deed; (vi) the Yardi Parking Agreement; (vii)the MUA; and (viii) any other instruments required by the Purchase Agreement or the Official Records in conjunction with delivery to Yardi of the Yardi Policy (defined below) pursuant to and in conformity with Section 3.9. Escrow Agent shall deliver conformed copies of the foregoing and any other documents, including any applicable covenants, easements, promissory notes and deeds of trusts, to the Parties entitled thereto when the conditions of this escrow have been fulfilled by City and Yardi.
(c) Record any additional instruments delivered through this escrow, if necessary or proper, to vest title in the Yardi Transfer Parcels in Yardi in accordance with the terms and provisions of this Agreement.
16 If the Close of Escrow is not in condition to close on or before September 30, 2026 (the “Outside Closing Date”), either Party who then shall have fully performed the acts to be performed before the conveyance of title may, in writing, demand from Escrow Agent and the Title Company, if appropriate, the return of its money, papers, or documents deposited with Escrow Agent and the Title Company. No demand for return shall be recognized until 10 days after Escrow Agent shall have mailed copies of such demand to the other Party or parties at the address or addresses of its or their principal place or places of business and such other Party shall have failed to have taken the action required by that Party to effectuate the Close of Escrow with such 10 day period. Objections, if any, shall be raised by written notice to the Escrow Agent and to the other Party within the 10 day period described above, in which event Escrow Agent and the Title Company are authorized to hold all money, papers and documents with respect to the transaction contemplated by this Agreement, until instructed by mutual agreement of the Parties or by a court of competent jurisdiction. If no such demands are made, escrow shall be closed as soon as possible.
Neither the Escrow Agent nor the Title Company shall be obligated to return any such money, papers or documents, except upon the written instructions of City and Yardi or until the Party entitled thereto has been determined by a final decision of a court of competent jurisdiction.
Any amendment to these escrow instructions shall be in writing and signed by both City and Yardi. At the time of any amendment, Escrow Agent shall agree to carry out its duties as Escrow Agent under such amendment.
All communications from Escrow Agent to City or Yardi shall be directed to the addresses and in the manner established in Section 7.3 of this Agreement for notices, demands, and communications among City and Yardi.
3.8.3. Close of Escrow.
Subject to any extensions of time mutually agreed upon between City and Yardi, the Close of Escrow shall be completed on or before the Outside Closing Date subject to the satisfaction of all conditions set forth in Article 3 (as may be extended by mutual agreement of the Parties). If all conditions set forth in Article 3 are not satisfied or waived by the Outside Closing Date (as the same may be extended by mutual agreement by the Parties), either Party not then in default of this Agreement may terminate this Agreement., and thereafter, Escrow Agent shall promptly return the Initial Yardi Contribution to Purchaser, and neither Party will have any further rights or obligations under this Agreement.
3.9. Title Insurance.
In conjunction with the Close of Escrow, the Title Company shall issue a California Land Title Association Standard Coverage Policy (“CLTA”) of title insurance. If Yardi desires an extended coverage American Land Title Association Owner’s Policy of title insurance in lieu of the CLTA policy, the party responsible under the Purchase Agreementshall pay the incremental difference in cost (“Yardi Policy”). The Yardi Policy shall insure that marketable title to the Yardi Transfer Parcelsis, pursuant to the GrantDeed, vested in Yardiin accordance with this Agreement.
The Yardi Policy may include such endorsements as may be required and paid for pursuant to the 17 Purchase Agreement. Escrow Agent shall provide or cause to be provided a copy of any such policy to City.The City agrees to provide a commercially reasonable owner’s affidavit, as required by the Title Company to issue the Yardi Policy.
ARTICLE 4. USE OF YARDI TRANSFER PARCELS.
4.1 Use of Former Macy’s Parcel.
Yardi agrees to apply and diligently process all planning entitlements and building permits required for Yardi to use the Former Macy’s Parcel as its downtown Santa Barbara corporate offices. The City acknowledges and agrees that Office Use is permitted at the Former Macy’s Parcel and such use is consistent with the City’s General Plan and applicable zoning. As used herein, Office Use includes Yardi’s intended use as its corporate offices and all ancillary uses, including without limitation, conference and meeting space, public and event usage, and coworking and flexible workspaces. The building located on the Former Macy’s building will remain, subject to interior and exterior alterations to the existing building necessary or convenient to conversion of the building to office use, which alterations are subject to design review and building permits under applicable provisions of the Santa Barbara Municipal Code.
4.2 Use of Inline / Lot 1 Parcels.
Yardi agrees to use the Inline/Lot 1 Parcels for purposes authorized by the City’s General Plan and applicable zoning. For the foreseeable future, Yardi intends to continueto operate and maintain the inline shop area for commercial retail uses substantially similar to those existing as of the Effective Date. Accordingly, for so long as the Yardi Parking Agreement is in effect, Yardi will continue to permit public parking within the Lot 1 Parcels in a number of spaces at least equal to the number of spaces made available toYardi under the YardiParking Agreement. Those portions of the Inline Retail Parcel currently used for theater and museum uses will continue to be used for such purposes (current community benefit partners are Center Stage Theater and Museum of Contemporary Art respectively), or for other community benefit purposes, so long as commercially reasonable and in no event for less than 7 years from the Effective Date. Yardi will continue to provide areas for temporary loading zones and refuse collective/removal purposes for the benefit of adjacent properties to the extent required in existing recorded agreements. City agrees to bear the cost of refuse collection and removal attributable to the Yardi Transfer Parcels and the adjacent properties.
4.3 Change of Use.
Following Close of Escrow, any change of use, construction, or reconstruction will require City approval as provided in the Santa Barbara Municipal Code. 18 ARTICLE 5. YARDI PUBLIC BENEFITS CONTRIBUTIONS.
5.1 Public Benefits Contributions.
To further the purposes of this Agreement and to help enhance downtown Santa Barbara and the community generally, Yardi proposes as a part of this Agreement to make the following public benefits contributions to the City (collectively, the “Public Benefits Contributions”) (i) a contribution of $5,000,000 to be allocated by the City to the City’s Local Housing Trust Fund and (ii) a contributionof $700,000 to be allocated by the City to the Downtown Parking Fund or a similar fund or account used to pay for the operation and maintenance of downtown parking.
5.2 Timing of Public Benefits Contributions.
Yardi agrees to make the Public Benefits Contributions in payments as follows:
(a) Within 30 days following the Effective Date of this Agreement, Yardi will pay the City $1,200,000 (the “Initial Yardi Contribution”). The payment will be made according to written instructions provided by the City Administrator. The City agrees to place the Initial Yardi Contribution into the City’s Local Housing Trust Fund following Close of Escrow.
City agrees that if Escrow does not close, City will return the Initial Yardi Contribution, without interest, to Yardi within 30 days after termination of this Agreement. (b) Within 30 days following the issuance of a final building permit for a corporate office on the Former Macy’s Parcel, Yardi will pay the City $2,200,000. The payment will be made according to written instructions provided by the City Administrator. The City agrees to place $2,000,000 into the City’s Local Housing Trust Fund and $200,000 into the Downtown Parking Fund or similar fund or account used to pay for the operation and maintenance of downtown parking.
(c) Within 30 days following the issuance of a final certificate of occupancy for a corporate office use on the Former Macy’s Parcel, Yardi will pay the City $2,300,000. The payment will be made according to written instructions provided by the City Administrator. The City agrees to place $2,000,000 into the City’s Local Housing Trust Fund; and $300,000into the Downtown Parking Fund. or similar fund or account used to pay for the operation and maintenance of downtown parking.
ARTICLE 6. DEFAULT AND REMEDIES.
6.1. Application of Remedies.
This Article 6 shall govern the Parties’ remedies for breach or failure of condition under this Agreement.
19 6.2. Fault of City.
6.2.1. Each of the following events, if uncured after expiration of the applicable cure period, shall constitute a “City Event of Default”:
(a) The City fails to convey the Yardi Transfer Parcels within the time and in the manner specified in Article 3, and Yardi is otherwise entitled to such conveyance. (b) The City fails to execute the Inline/Lot 1 Ground Lease Termination or the Macy’s Ground Lease Termination within the time and in the manner specified in Article 3, and Yardi is otherwise entitled to such termination.
(c) The City fails to provide any required consents or approvals necessary to (i) terminate the REA and execute the Parking Agreements Termination, and/or (ii) terminate and/or amend any other Paseo Nuevo Agreements as required in order to permit the Yardi Conveyance.
(d) The City fails to execute the Yardi Parking Agreement. (e) The City breaches any other material obligation imposed on it by this Agreement.
6.2.2. Upon the occurrence of any of the above-described events, Yardi shall first notify the City in writing of its purported breach or failure, giving the City 10 days from receipt of such notice to cure such breach or failure. In the event the City does not then cure the default within such 10-day period (or, if the default is not susceptible of cure within such 10-day period, the City fails to commence the cure within such period and thereafter to prosecute the cure diligently to completion not to exceed 30 days), then Yardi shall be entitled to the following remedies: (1) seeking specific performance of this Agreement; or (2) seeking any other remedy available at law or in equity authorized by this Agreement.
6.3. Fault of Yardi.
6.3.1. Each of the following events, if uncured after written notice to Yardi and any holder of a security financing interest, if and where required by this Agreement, and the expiration of the applicable cure period as provided in Section 6.3.2 below, together with any additional time to cure expressly granted to the holder of any security financing interest by the provisions of this Agreement or any separate Agreement between the City and any such holder, shall constitute a “Yardi Event of Default”:
(a) Yardi wrongfully refuses for any reason (including, but not limited to, lack of funds but excluding any reason to the extent arising from an event of default by the City under this Agreement) to accept disposition from the City of the Yardi Transfer Parcels within the time and in the manner specified in Article 3.
(b) Yardi fails to execute the MUA.
20 (c) Yardi breaches any other material obligation imposed on it by this Agreement.
6.3.2. Upon the occurrence of an event described in Section 6.3.1, the City shall notify Yardi in writing of the purported breach or failure (the “Default Notice”). Yardishall have 10 days from receipt of such Default Notice to cure such breach or failure. If Yardi does not cure the default within such 10-day period (or if the default is not susceptible of being cured within such 10-day period and if Yardi fails to commence the cure within such period and thereafter to prosecute the cure diligently to completion within 30 days), then the City shall be afforded cumulatively all of the following rights and remedies: (1) termination of this Agreement, whereupon Escrow Agent shall promptly return the Initial Yardi Contribution to Yardi; or (2) specific performance of this Agreement.
6.4. Survival.
Upon the Close of Escrow, in addition to the Recordable Documents, only the following provisions of this Agreement shall survive (i) the waivers in Sections 3.6 and 3.7; (ii) the use provisions in Sections 4.1, 4.2, and 4.3; (iii) the community benefit provisions in Sections
5.1 and 5.2; (iii) the remedies and enforcement provisions of Sections 6.5, 6.6, and 6.7, and (iv) the indemnification obligations in Sections 7.6 and 7.22. This Section 6.4 does not alter the scope or nature of the surviving provisions.
6.5. Limitation on Remedies - Rights and Remedies Cumulative.
It is acknowledged by the Parties that no Party would have entered into this Agreement if doing so would subject it to the risk of incurring liability in money damages, either for breach of this Agreement, anticipatory breach, repudiation of the Agreement, or for any actions with respect to its implementation or application. The Parties intend by the provisions of this Section 6.5 that neither Party shall have any liability for money damages arising out of a breach or repudiation of this Agreement, or any liability in money damages for any claims arising out of the application process, negotiation, execution and adoption, or the implementation or application of this Agreement. The Parties further acknowledge that money damages and remedies at law or equity are inadequate, and specific performance is the most appropriate remedy for the enforcement of this Agreement for the following reasons:
(a) money damages are expressly excluded as provided above; (b) due to the size, nature, and scope of the Yardi Transfer Parcels , it will be impractical to restore the property to its original condition once implementation of this Agreement has begun and Yardi may be foreclosed from other choices it may have had to utilize the property or portions thereof. Further, after Close of Escrow, the City will have disposed of its interest in all of the Yardi Transfer Parcels. The Parties will have invested significant time and resources and performed extensive planning, processing, and implementation of this Agreement, and it is not 21 possible to determine the sum of money which would adequately compensate the non-breaching Party for such efforts.
6.5.1. Except for the provisions of this Agreement relating to the enforcement of indemnity or insurance requirements, or for claims, demands, actions, or suits in which specific performance is the sole remedy sought, Yardi, on the one hand, and the City, on the other hand, for themselves, their successors and assignees, hereby release one another’s officers, trustees, directors, partners, agents and employees from any and all claims, demands, actions, or suits of any kind or nature arising out of any liability, known or unknown, present or future, including, but not limited to, any claim or liability, based or asserted, pursuant to Article I, Section 19 of the California Constitution, the Fifth and Fourteenth Amendments of the United States Constitution, or any other law or ordinance which seeks to impose any money damages, whatsoever, upon the Parties because the Parties entered into this Agreement, because of the terms of this Agreement, or because of the manner of implementation or performance of this Agreement.
6.5.2. Except as otherwise provided, the rights and remedies of the Parties are cumulative, and the exercise or failure to exercise any right or remedy shall not preclude the exercise, at the same time or different times, of any right or remedy for the same default or any other default. Except as otherwise limited by this Agreement, each of the Parties may pursue any remedy at law or equity available for the breach of any provision of this Agreement, including but not limited to specific performance, temporary or permanent injunctive relief, declaratory relief, or restraining orders, except that neither of the Parties shall have any liability in money damages for any acts or omissions which are alleged to have arisen out of or relate to this Agreement and neither Party may pursue a claim for money damages under this Agreement.
6.6. Inaction Not a Waiver of Default.
Any failures or delays by either Party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies or deprive such Party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies.
6.7. No Attorneys’ Fees.
In the event that either Party brings any action or files any proceeding to declare the rights granted herein or to enforce any of the terms of this Agreement or as a consequence of any breach by the other Party of its obligations hereunder, the prevailing Party in such action or proceeding shall not be entitled to have its attorneys’ fees and out-of-pocket expenditures paid by the losing Party. Each Party shall bear its own attorney’s fees and costs.
ARTICLE 7. GENERAL PROVISIONS.
7.1. Yardi Representations and Warranties.
Yardi represents and warrants to the City, as follows:
22 (a) Organization. Yardi is validly existing and in good standing under the laws of the state in which Yardi was organized, with full power and authority to conduct its business as presently conducted and to execute, deliver and perform its obligations under this Agreement. Yardi is duly authorized to do business in the State of California. (b) Authorization. Yardi has taken all necessary action to authorize its execution, delivery and, subject to any conditions set forth in this Agreement, performance of the Agreement. Upon the date of this Agreement, this Agreement shall constitute a legal, valid and binding obligation of Yardi, enforceable against it in accordance with its terms. (c) No Conflict. The execution, delivery and performance of this Agreement by Yardidoes not and will not materially conflict with, or constitute a material violation or material breach of, or constitute a default under (i) the charter or incorporation documents of Yardi, (ii) any applicable law, rule or regulation binding upon or applicable to Yardi, or (iii) any material agreements to which Yardi is a party.
(d) No Litigation. Unless otherwise disclosed in writing to the City prior to the date of this Agreement, Yardi has no written notice of any existing nor, to Yardi’s actual knowledge of pending or threatened litigation, suit, action or proceeding before any court or administrative agency affecting Yardi or, to the best knowledge of Yardi, that would, if adversely determined, materially and adversely affect Yardi, the Yardi Transfer Parcels, or Yardi’s ability to perform its obligations under this Agreement, other than litigation, suit, action or proceeding that are (i) covered by insurance, or (ii) relate to claims arising in the ordinary course of business. (e) Licenses, Permits, Consents and Approvals. Yardi and/or any person or entity owning or operating the Yardi Transfer Parcels or portion thereof has duly obtained and maintained, or will duly obtain and maintain, and will continue to obtain and maintain, all licenses, permits, consents and approvals required by all applicable governmental authorities to own and operate the business on the Yardi Transfer Parcels.
7.2. City Representations and Warranties.
The City represents and warrants to Yardi, as follows:
(a) Authorization. The City has taken all necessary action to authorize its execution, delivery and, subject to any conditions set forth in this Agreement, performance of the Agreement. Upon the date of this Agreement, this Agreement shall constitute a legal, valid and binding obligation of the City, enforceable against the City in accordance with its terms subject to the laws of the State of California which limit the types of remedies available against a municipality and/or its agencies, and subject to equitable principles limiting the rights of creditors generally.
(b) No Conflict. The execution, delivery and performance of this Agreement by the City does not and will not materially conflict with, or constitute a material violation or material breach of, or constitute a default under (i) the charter or incorporation documents of the City, (ii) any applicable law, rule or regulation binding upon or applicable to the City, or (iii) any material agreements to which the City is a party. 23 (c) No Litigation. Unless otherwise disclosed in writing to Yardi prior to the date of this Agreement, to the actual knowledge of the City Attorney as derived from a writing received by the City Attorney as of the date of execution of this Agreement, there is no existing, pending or threatened litigation, suit, action or proceeding before any court or administrative agency affecting the City or the Yardi Transfer Parcels that would, if adversely determined, materially and adversely affect the City, Yardi or the Yardi Transfer Parcels or the City’s ability to perform its obligations under this Agreement. (d) DSP DDA. The City and DSP have entered into the DSP DDA pursuant to which DSP is obligated to perform certain obligations in connection with the DSP Transaction. The DSP DDA is in full force and effect, constitutes a legal, valid, and binding obligation of the DSP, enforceable against the DSP in accordance with its terms, and, to the actual knowledge of the City, as of the date of this Agreement, the DSP is not in material default under the DSP DDA. The City has the right, under the DDA and applicable law, to enforce DSP’s obligations thereunder, and the City shall use commercially reasonable efforts to cause the DSP to perform its obligations under the DSP DDA to the extent such obligations are necessary to enable the City to fulfill its obligations under this Agreement.
7.3. Notices, Demands and Communications.
Formal notices, demands, and communications between the City and Yardi shall be sufficiently given if, and shall not be deemed given unless, delivered personally (deemed effective upon receipt or refusal), or dispatched by certified mail, return receipt requested (deemed delivered three days after confirmed deposit in the U.S. mail), or by electronic mail transmission (deemed delivered upon confirmed transmission)with the original to follow by reputable overnight delivery service with a receipt showing date of delivery, to the principal offices of the City and Yardi as follows:
To City:
Mailing Address:
City of Santa Barbara
Post Office Box 1990
Santa Barbara, CA 93102-1990
Attn: City Administrator
Personal delivery at City Administrator’s Office, 735 Anacapa Street, Santa Barbara, CA With a copy to:
Mailing Address:
City Attorney
Post Office Box 1990
Santa Barbara, CA 93102-1990
Personal delivery at City Attorney’s Office, 740 State Street, Suite 201. Santa Barbara, CA 24 To Yardi:
PNSB Real Estate, LLC
430 S Fairview Ave
Santa Barbara, CA 93117
Attention: Arnold Brier
Telephone: (805) 699-2040 x11074
Email: [email protected]
With a copy to:
Fauver, Large, Archbald & Spray LLP
820 State Street., Fourth Floor
Santa Barbara, CA 93101
Attention: Olivia K. Marr
Telephone: (805) 966 7199
Email: [email protected]
Such written notices, demands and communications may be sent in the same manner to such other addresses as the affected Party may from time to time designate by mail as provided in this Section 7.3.
7.4. Non-Liability of Officials, Employees and Agents.
No member, official, employee or agent of the City shall be personally liable to Yardi, in the event of any default or breach by the City or for any amount which may become due to Yardi or on any obligation of the City under the terms of this Agreement. No member, official, employee or agent of Yardi shall be personally liable to the City, or any successor in interest, in the event of any default or breach by Yardi or for any amount which may become due to the City or on any obligation under the terms of this Agreement.
7.5. Enforced Delay.
In addition to specific provisions of this Agreement, and notwithstanding anything to the contrary herein, time for performance shall be extended, and performance by any Party shall not be deemed to be in default, for Force Majeure Events or matters otherwise beyond the control of without the fault of the Party claiming an extension of time to perform, and, in the case of Yardi, for City Delays. An extension of time for any cause will be deemed granted if notice by the Party claiming such extension is sent to the other within 10 days from the commencement of the cause and such extension of time is not reasonably rejected in writing by the other Party within 30 days of receipt of the notice.
7.6. Indemnification.
Except for the gross negligence, willful misconduct, fraud, or breach of this Agreement by the City and except for any internal matters related to City governance, Yardishall 25 defend, indemnify, and hold harmless the City from and against all suits and causes of action, claims, writs, losses, demands and expenses, including, but not limited to, reasonable attorney’s fees and costs of litigation, damage or liability of any nature whatsoever, arising in any manner by reason of or incident to (i) the approval of this Agreement by the City; and/or (ii) the performance of this Agreement on the part of Yardi, or any contractor or subcontractor of Yardi (collectively, “Claims”). Yardi shall pay promptly upon the City’s demand any amounts owing under this indemnity unless Yardi is challenging the obligation to indemnify. The duty of Yardi to indemnify includes the duty to defend the City or, at the City’s choosing, to pay the City’s costs of its defense in any court action, administrative action, or other proceeding brought by any third party arising from the Claims. The City may make all reasonable decisions with respect to its representation in any legal proceeding, including, but not limited to, the selection of attorney(s).
7.7. No Third-Party Beneficiary.
The provisions of this Agreement are and will be for the benefit of the City and Yardi only and are not for the benefit of any third party. Accordingly, no third party shall have the right to enforce the provisions of this Agreement.
7.8. Title of Parts and Sections.
Any titles of the sections or subsections of this Agreement are inserted for convenience of reference only and shall be disregarded in interpreting any part of its provision.
7.9. Applicable Law.
This Agreement shall be interpreted under and pursuant to the laws of the State of California.
7.10. Severability.
If any term, provision, covenant or condition of this Agreement is held in a final disposition by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall continue in full force and effect unless the rights and obligations of the Parties have been materially altered or abridged by such invalidation, voiding or unenforceability.
7.11. Binding Upon Successors; Covenants to Run with Land; Term of the Agreement.
This Agreement shall be binding upon and inure to the benefit of the heirs, administrators, executors, successors in interest, and assigns of each of the Parties. Any reference in this Agreement to a specifically named Party shall be deemed to apply to any successor, heir, administrator, executor, successor, or assign of such Party who has acquired an interest in compliance with the terms of this Agreement or under law.
Every contract, deed, or other instrument hereafter executed covering or conveying the Yardi Transfer Parcels or any portion thereof shall be held conclusively to have been executed, 26 delivered, and accepted subject to such covenants and restrictions, regardless of whether such covenants or restrictions are set forth in such contract, deed or other instrument, unless the City expressly releases the Yardi Transfer Parcels from the requirements of this Agreement, which the City agrees to do promptly upon the Close of Escrow, as provided in this Agreement.
7.12. Parties Not Co-Venturers.
Nothing in this Agreement is intended to or does establish the Parties as partners, co-venturers, or principal and agent with one another.
7.13. Entire Understanding of the Parties.
This Agreement constitutes the entire understanding and agreement of the Parties with respect to the Paseo Transaction.
7.14. City Approval.
Whenever this Agreement references City approval, consent, or waiver, the written approval, consent, or waiver of the City Administrator shall constitute the approval, consent, or waiver of the City, except where City Council approval is expressly required by this Agreement.
The City Council authorizes the City’s Administrator to deliver such approvals or consents as are contemplated by this Agreement, or to waive requirements under this Agreement, on behalf of the City. Any material amendment or modification to this Agreement as determined by the City Attorney shall require approval by the City Council.
7.15. Incorporation of Exhibits.
All exhibits referred to in this Agreement are incorporated herein by such reference and made a part hereof.
7.16. Context and Construction.
When the context and construction so require, all words used in the singular herein shall be deemed to have been used in the plural, and the masculine shall include the feminine and neuter and vice versa. The term person as used in this Agreement, includes a natural person, corporation, association, partnership, organization, business, trust, individual, or a governmental authority, agency. “Day” or “days” is used herein, such shall refer to calendar day or days, unless otherwise specifically provided herein. Whenever a reference is made herein to a particular Article of this Agreement, it means and includes all sections, subsections and subparts thereof, and, whenever a reference is made herein to a particular section or subsection, it shall include all subsections and subparts thereof.
7.17. Effectiveness of Agreement.
27 This Agreement is dated for convenience only and shall only become effective on the Effective Date.
7.18. Counterparts.
This Agreement may be executed in counterparts and multiple originals.
7.19. Amendments.
The Parties can amend this Agreement only by means of a writing signed by both Parties.
7.20. Police Power.
Nothing contained herein shall be deemed to limit, restrict, amend or modify, nor to constitute a waiver or release of, any ordinances, notices, orders, rules, regulations or requirements (now or hereafter enacted or adopted and/or as amended from time to time) of the City, its departments, commissions, agencies and boards and the officers thereof and/or the City, including, without limitation, any general plan or any zoning ordinances, or any of City’s duties, obligations, rights or remedies thereunder or pursuant thereto or the general police powers, rights, privileges and discretion of City in the furtherance of the public health, welfare and safety of the inhabitants thereof, including, without limitation, the right under law to make and implement independent judgments, decisions and/or acts with respect to planning, development and/or redevelopment matters (including, without limitation, approval or disapproval of plans and/or issuance or withholding of building permits) whether or not consistent with the provisions of this Agreement, any exhibits attached hereto or any other documents contemplated hereby (collectively, “City Rules and Powers”). In the event of any conflict, inconsistency or contradiction between any terms, conditions or provisions of this Agreement, exhibits or such other documents, on the one hand, and any such City Rules and Powers, on the other hand, the former shall prevail and govern in each case. This Section 7.20 shall be interpreted for the benefit of City.
7.21. No Obligation to Third Parties.
This Agreement shall not be deemed to confer any rights upon, nor obligate either of the Parties to this Agreement to, any person or entity not a Party to this Agreement.
7.22. Brokers.
Each Party represents that it has not engaged any broker, agent or finder in connection with this transaction. Yardi agrees to defend, indemnify and hold City harmless from and against any losses and liabilities with respect to such commissions based upon the alleged acts of Yardi. City agrees to defend, indemnify and hold Yardi harmless from and against losses and liabilities with respect to such commissions based upon the alleged acts of City.
7.23. Standard of Approval.
28 Any consents or approvals required or permitted under this Agreement shall not be unreasonably or untimely withheld or made, except where it is specifically provided that a sole discretion standard applies.
(SIGNATURE PAGE TO FOLLOW)
29 IN WITNESS WHEREOF, the Parties have executed this Disposition and Development Agreement to be effective as of the Effective Date.
Executed this __ day of _________________, 2026.
“CITY”
CITY OF SANTA BARBARA,
By:___________________________
Kelly R. McAdoo, City Administrator
APPROVED AS TO FORM:
John Doimas, CITY ATTORNEY
By;_________________________
Daniel S. Hentschke Assistant City Attorney
Executed this __ day of __________________, 2026.
“YARDI”
PNSB REAL ESTATE, LLC
By: __________________________
Name: ________________________
Title: _________________________
30 Exhibit A – Paseo Nuevo Property
(Attached)
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Inline Retail Property
Former Macy's Parcel
Lot 1 Parcel
(purple cross-hatched area
shows approximate location
of underground portion of Lot
1 Parcel)
Former Nordstrom
Parcel
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31 Exhibit B – Grant Deed
(Attached)
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City Administrator
City of Santa Barbara
Post Office Box 1990
Santa Barbara, California 93102-1990
APNs: 037-400-002; 037-400-003;
037-400-004; 037-400-005; 037-400-006; and
037-400-019
GRANT DEED
The undersigned Grantor declares under penalty of perjury that the following is true and correct:
DOCUMENTARY TRANSFER TAX $________
( X ) computed on full value of property conveyed, or
( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: ( X ) City of Santa Barbara, and ( ) There is no Documentary Transfer Tax due. (State reason and give Code § or Ordinance number.) GRANTOR: The CITY OF SANTA BARBARA, a municipal corporation does hereby remise, release and forever grants to:
GRANTEE: PNSB REAL ESTATE, LLC, a California limited liability company the following described real property in the City of Santa Barbara, County of Santa Barbara, State of California:
Parcels 2, 3, 4, 5, 6, 9, 10, 11, 12, 13, and 14 of Parcel Map No. 20,504 in the City of Santa Barbara, County of Santa Barbara, State of California, as per map recorded in Book 42, Pages 86 through 98, inclusive of Parcel Maps, in the office of the County Recorder of said County, as amended by Certificate of Correction recorded April 2, 1991 as Instrument No. 91-018958 of Official Records.
EXCEPTING from a portion of said land all oil, gas, and mineral substances, provided that the surface opening of any well, hole, shaft or other means of exploring for, reaching or extracting such substances shall not be located within the Central City Redevelopment Project and shall not penetrate any port or portion of said project area within 500 feet of the surface thereof, as reserved in various documents of record.
[SIGNATURE PAGE FOLLOWS]
IN WITNESS WHEREOF, Lessor has executed this Termination as of the date first written above.
GRANTOR,
CITY OF SANTA BARBARA
By: ________________________________
Kelly R. McAdoo
City Administrator
APPROVED AS TO FORM:
John S. Doimas, City Attorney
By:___________________________________
Daniel S Hentschke
Assistant City Attorney
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of ___________________
On before me, ________________________________, Notary Public (here insert name and title of the officer), personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _____________________________ (Seal)
32 Exhibit C – Macy’s Ground Lease Termination Agreement (Attached)
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City Administrator
City of Santa Barbara
Post Office Box 1990
Santa Barbara, California 93102-1990
APNs: 037-400-003, 037-400-005 NO FEE PER GOVERNMENT CODE § 6103
TERMINATION OF GROUND LEASE
THIS TERMINATION OF GROUND LEASE (“Termination”) is entered into this ____ day of ______________, 2026, by the City of Santa Barbara, a municipal corporation (“Lessor”) and Paseo Propco LLC, a Delaware limited liability company (“Lessee”).
RECITALS
A. Lessee (as successor in interest to Carter Hawley Hale Stores, Inc.) and Lessor (as successor agency to the Redevelopment Agency of the City of Santa Barbara) are parties to that certain Lease Agreement, dated as of February 24, 1989, a memorandum of which was recorded February 24, 1989 as Instrument No. 89-012336, in the Official Records of Santa Barbara County, California, (the “Ground Lease”), for the real property more particularly described on Exhibit “A” hereto.
B. Lessor and Lessee hereby desire to terminate the Ground Lease.
NOW, THEREFORE, for valuable consideration, the receipt of sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
1. The Ground Lease is hereby terminated and is of no further force or effect as to any party thereto or their respective successors or assigns.
2. This Termination may be executed in any number of identical counterparts, all or any of which may contain the signatures of fewer than all of the parties, and all of which shall be construed together as a single instrument.
3. The parties hereby agree and consent to the recordation of this Termination in the Official Records of Santa Barbara County, California.
[SIGNATURE PAGES FOLLOW]
IN WITNESS WHEREOF, Lessor has executed this Termination as of the date first written above.
LESSOR:
By: ________________________________________________________ Kelly R. McAdoo
City Administrator
APPROVED AS TO FORM:
John S. Doimas, City Attorney
By:___________________________________
Daniel S Hentschke
Assistant City Attorney
Signature page – Termination of Ground Lease (037-400-003, -005) A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of ___________________
On before me, ________________________________, Notary Public (here insert name and title of the officer), personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _____________________________ (Seal)
IN WITNESS WHEREOF, Lessee has executed this Termination as of the date first written above.
LESSEE
Paseo Propco LLC, a Delaware limited liability
company
By:___________________________
Name:__________________________
Title:___________________________
Signature page – Termination of Ground Lease (037-400-003, -005) A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of ___________________
On before me, ________________________________, Notary Public (here insert name and title of the officer), personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _____________________________ (Seal)
EXHIBIT “A”
LEGAL DESCRIPTION
Parcels 3, 9, 10 and 11 of Parcel Map No. 20,504 in the City of Santa Barbara, County of Santa Barbara, State of California, as per map recorded in Book 42, Pages 86 through 98, inclusive of Parcel Maps, in the office of the County Recorder of said County, as amended by Certificate of Correction recorded April 2, 1991 as Instrument No. 91-018958 of Official Records.
EXCEPTING from a portion of said land all oil, gas and mineral substances, provided that the surface opening of any well, hole, shaft or other means of exploring for, reaching or extracting such substances shall not be located within the Central City Redevelopment Project and shall not penetrate any part or portion of said project area within 500 feet of the surface thereof, a reserved in various documents of record.
33 Exhibit D – Inline/ Lot 1 Ground Lease Termination Agreement (Attached)
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City Administrator
City of Santa Barbara
Post Office Box 1990
Santa Barbara, California 93102-1990
APNs: 037-400-002, 037-400-004, NO FEE PER GOVERNMENT CODE § 6103 037-400-006, and 037-400-019
TERMINATION OF GROUND LEASE
THIS TERMINATION OF GROUND LEASE (“Termination”) is entered into this ____ day of ______________, 2026, by the City of Santa Barbara, a municipal corporation (“Lessor”) and Paseo Propco LLC, a Delaware limited liability company (“Lessee”).
RECITALS
A. Lessee (as successor in interest to Santa Barbara Associates, a California general partnership) and Lessor (as successor agency to the Redevelopment Agency of the City of Santa Barbara) are parties to that certain Ground Lease dated February 24, 1989, a memorandum of which was recorded February 24, 1989 as Instrument No. 89-012335, in the Official Records of Santa Barbara County, California, and amended by a certain First Amendment to Ground Lease dated February 24, 1989, a certain Second Amendment to Ground Lease also dated February 24, 1989, and a certain Third Amendment to Ground Lease dated September 18, 1990, a memorandum of the amendments was recorded October 16, 1990 as Instrument No. 90-067768, in the Official Records of Santa Barbara County, California (the “Ground Lease”), for the real property more particularly described on Exhibit “A” hereto.
B. Lessor and Lessee hereby desire to terminate the Ground Lease.
NOW, THEREFORE, for valuable consideration, the receipt of sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
1. Lessee has waived the right of first negotiation granted to Lessee in Section 2.6 of the Ground Lease.
2. The Ground Lease is hereby terminated and is of no further force or effect as to any party thereto or their respective successors or assigns.
3. This Termination may be executed in any number of identical counterparts, all or any of which may contain the signatures of fewer than all of the parties, and all of which shall be construed together as a single instrument.
4. The parties hereby agree and consent to the recordation of this Termination in the Official Records of Santa Barbara County, California.
[SIGNATURE PAGES FOLLOW]
Signature page – Termination of Ground Lease (037-400-002, -004, -006, and -019) IN WITNESS WHEREOF, Lessor has executed this Termination as of the date first written above.
LESSOR:
By: _______________________________________________________ Kelly R. McAdoo
City Administrator
APPROVED AS TO FORM:
John S. Doimas, City Attorney
By:___________________________________
Daniel S Hentschke
Assistant City Attorney
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of ___________________
On before me, ________________________________, Notary Public (here insert name and title of the officer), personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _____________________________ (Seal)
Signature page – Termination of Ground Lease (037-400-002, -004, -006, and -019) IN WITNESS WHEREOF, Lessee has executed this Termination as of the date first written above.
LESSEE
Paseo Propco LLC, a Delaware limited liability
company
By:___________________________
Name:__________________________
Title:___________________________
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of ___________________
On before me, ________________________________, Notary Public (here insert name and title of the officer), personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _____________________________ (Seal)
EXHIBIT “A”
LEGAL DESCRIPTION
Parcels 2, 4, 5, 6, 12, 13 and 14 of Parcel Map No. 20,504 in the City of Santa Barbara, County of Santa Barbara, State of California, as per map recorded in Book 42, Pages 86 through 98, inclusive of Parcel Maps, in the office of the County Recorder of said County, as amended by Certificate of Correction recorded April 2, 1991 as Instrument No. 91-018958 of Official Records.
EXCEPTING from a portion of said land all oil, gas and mineral substances, provided that the surface opening of any well, hole, shaft or other means of exploring for, reaching or extracting such substances shall not be located within the Central City Redevelopment Project and shall not penetrate any part or portion of said project area within 500 feet of the surface thereof, a reserved in various documents of record.
34 Exhibit E - REA Termination Agreement
(Attached)
Recording Requested by
and when Recorded Mail to:
City Administrator
City of Santa Barbara
Post Office Box 1990
Santa Barbara, California 93102-1990
APNs 037-400-001, 037-400-002, 037-400-003,
037-400-004, 037-400-005, 037-400-006, 037-400-019
NO FEE PER GOV’T CODE 6103
TERMINATION AGREEMENT
PASEO NUEVO
CONSTRUCTION, OPERATION, AND RECIPROCAL EASEMENT AGREEMENT For valuable consideration, receipt of which is hereby acknowledged, the City of Santa Barbara, California (“City”), a municipal corporation, Paseo Propco LLC (“Propco”), a Delaware limited liability company, and DSP Santa Barbara Sub, LLC (“DSP”), a Delaware limited liability company, agree as follows:
1. This Termination Agreement affects the Construction, Operation, and Reciprocal Easement Agreement for the Paseo Nuevo Shopping Center in Santa Barbara California by and among the City (as successor-in-interest to the Redevelopment Agency of the City of Santa Barbara), Propco (as successor-in-interest to Santa Barbara Associates and Carter Hawley Hale Stores, Inc.) and DSP (as successor-in-interest to Nordstrom, Inc.), dated as of February 24, 1989 and recorded as Instrument No. 89-012333 in the Official Records of the County of Santa Barbara (“REA”).
2. The undersigned, on behalf of their respective successors and assigns, hereby agree that the REA is terminated and has no further force or effect.
3. The undersigned, on behalf of their respective successors and assigns, hereby agree that the following shall be terminated and of no further force nor effect: (1) any Separate Agreement between the Parties (as such term was defined in the REA) to the extent that any exist; (2) any DDA (as such term was defined in the REA), and Propco specifically waives any right of first negotiation granted therein; and (3) the Conditions of Approval (as such term was defined in the REA).
4. This agreement constitutes the entire agreement among the City, Propco, and DSP with respect to the subject matter hereof and supersedes all prior agreements and negotiations, oral and written.
5. City, Propco, and DSP, respectively for themselves, warrant as follows:
A. It is validly existing and in good standing under the laws of the state in which it was organized, with full power and authority to conduct its business as presently conducted and to execute, deliver and perform its obligations under this agreement and is authorized to do business 2 Termination Agreement – Paseo Nuevo COREA
in the State of California.
B. It has taken all necessary action to authorize its execution and delivery of this agreement and that this agreement constitutes a legal, valid and binding obligation enforceable against it.
C. The person executing this agreement on its behalf has been fully and lawfully authorized to do so.
6. This agreement will be effective as of the date it has been signed by all of the parties and recorded in the Official Records of the County of Santa Barabara.
7. This agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument.
8. The parties consent to the recordation of this agreement in the Official Records of Santa Barbara County, California.
[SIGNATURE PAGES FOLLOW]
Signature Page
Termination Agreement – Paseo Nuevo COREA
IN WITNESS WHEREOF, the City has executed this Termination Agreement as of the date hereof.
CITY
By:
Kelly R. McAdoo
City Administrator
Date: _______________________________
APPROVED AS TO FORM:
John S. Doimas, City Attorney
By:
Daniel S. Hentschke
Assistant City Attorney
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
)
COUNTY OF ____________________________________ )
On _________________________, before me, _________________________________________________, personally appeared __________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct.
Witness my hand and official seal.
Signature ________________________________________
[Seal]
Signature Page
Termination Agreement – Paseo Nuevo COREA
IN WITNESS WHEREOF, Propco has executed this Termination Agreement as of the date hereof.
PROPCO:
Paseo Propco LLC,
a Delaware limited liability company
By: _________________________
Name: _________________________
Its: _________________________
Date: __________________________
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
)
COUNTY OF ____________________________________ )
On _________________________, before me, _________________________________________________, personally appeared __________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct.
Witness my hand and official seal.
Signature ________________________________________
[Seal]
Signature Page
Termination Agreement – Paseo Nuevo COREA
IN WITNESS WHEREOF, DSP has executed this Termination Agreement as of the date hereof.
DSP:
DSP Santa Barbara Sub, LLC,
a Delaware limited liability company
By: _________________________
Name: _________________________
Its: _________________________
Date: ___________________________
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
)
COUNTY OF ____________________________________ )
On _________________________, before me, _________________________________________________, personally appeared __________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct.
Witness my hand and official seal.
Signature ________________________________________
[Seal]
35 Exhibit F – Mutual Use Agreement
(Attached)
RECORDING REQUESTED BY AND
WHEN RECORDED, MAIL TO:
Fauver Large Archbald & Spray LLP
Attn: Olivia Marr
820 State Street, 4th Floor
Santa Barbara, CA 93101
WITH A COPY TO:
Brownstein Hyatt Farber Schreck, LLP
Attn: Beth Collins
1020 State Street
Santa Barbara, CA 93101
APNs: 037-400-001; 037-400-002; 037-400-003; 037-
400-004; 037-400-005; 037-400-006; and 037-400-
0019
Documentary Transfer Tax: $0.00 — No
consideration; conveyance of easement only, not a
transfer of fee interest. (R&T Code Section 11911)
MUTUAL USE AGREEMENT
THIS MUTUAL USE AGREEMENT (this “Agreement”) is made and entered into as of the ____ day of ____________, 2026 (“Effective Date”), by and between PNSB REAL ESTATE, LLC, a California limited liability company (“Yardi”), and DSP SANTA BARBARA SUB LLC, a Delaware limited liability company (“DSP”). Yardi and DSP are sometimes referred to herein individually as a “Party” and collectively as the “Parties.”
RECITALS
1. This Agreement replaces and supersedes that certain Construction, Operation and Reciprocal Easement Agreement, dated February 24, 1989 (the “REA”), and recorded as Instrument No. 89-012333 in the Official Records of Santa Barbara County (“Official Records”), which historically governed the shared use and construction of the Paseo Nuevo Shopping Center in the City of Santa Barbara (the “Center”), and which has been terminated pursuant to that certain Termination Agreement Paseo Nuevo Construction, Operation and Reciprocal Easement Agreement, executed and recorded concurrently herewith.
2. Yardi is the fee owner of the real property located in the Center and legally described on Exhibit “A” attached hereto (the “Yardi Tract”), and DSP is the fee owner of the real property located in the Center and legally described on Exhibit “B” attached hereto (the “DSP Tract”).
3. The Yardi Tract and the DSP Tract, although under separate legal ownership and control, will be dependent upon each other for inter alia access, support, parking, use of key easements and rights to protect the structural integrity of the improvements within the Center, as are more fully set forth herein.
NOW, THEREFORE, in consideration of the foregoing, and the covenants and agreements on the part of each Party to the others, as hereinafter set forth, IT IS AGREED, as follows:
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ARTICLE 1
DEFINITIONS
As used in this Agreement, in addition to terms defined throughout this Agreement, the following terms shall have the following respective meanings:
1.1 ACCESS EASEMENT AREA. The term “Access Easement Area” means those portions of the Common Area designated from time to time by Yardi, subject to the terms and conditions set forth herein, for pedestrian access to and from the pedestrian entrances and exits serving the DSP Tract. As of the Effective Date, Yardi designates that portion of the Common Area shown on the site plan attached hereto as Exhibit “C” (the “Site Plan”) as the Access Easement Area.
1.2 COMMON AREA. The term “Common Area” means those portions of the Yardi Tract that Yardi designates from time to time, subject to the terms and conditions set forth herein, as (a) the Access Easement Area, (b) the Driveway Ramp, and (c) the Refuse Access Area. Common Area shall not include parking areas, parking structures, loading areas, service areas, or any portion of the Yardi Tract not expressly designated by Yardi for the foregoing purposes.
1.3 COMMON BUILDING COMPONENT. The Term “Common Building Component” refers to footings, foundations, supports, common walls, or any single improvement or portion thereof, which is (i) located partly on one Tract and partly on another Tract, or (ii) which is located entirely on one Tract or which passes through another Tract, and in each case that provides structural support to Improvements located on another Tract.
1.4 DRIVEWAY RAMP. The term “Driveway Ramp” means that portion of the Yardi Tract that Yardi designates from time to time, subject to the terms and conditions set forth herein, for pedestrian and vehicular access to and from the Basement. As of the Effective Date, Yardi designates that portion of the Common Area shown on the Site Plan as the Driveway Ramp.
1.5 DSP PERMITTEES. The term “DSP Permittees” means DSP and its residents, tenants, occupants, guests, invitees, employees, agents, contractors, service providers, delivery providers, emergency responders and other permitted users.
1.6 IMPROVEMENTS. The term “improvements” refers to the buildings or other structures now or hereafter situated on a Party’s Tract, as the same may exist from time-to-time, including any replacements thereof.
1.7 MORTGAGEE AND MORTGAGE. The term “Mortgagee” means either (i) the mortgagee under a Mortgage, (ii) the trustee and beneficiary under a deed of trust, which for the purposes hereof shall constitute a Mortgage, or (iii) the leasehold owner or lessor following a Sale and Leaseback.
The term “Mortgage” means an indenture of mortgage or deed of trust on a Tract or a Sale and Leaseback.
1.8 ONSITE PARKING STRUCTURE. The term “Onsite Parking Structure” shall refer to the automobile parking structure existing on the Onsite Parking Tract.
1.9 ONSITE PARKING TRACT. The term “Onsite Parking Tract” shall refer to the portion of the Center consisting of one or more air rights parcels more particularly described as the “Lot 1 Parcel” in Exhibit “A” attached hereto.
1.10 PERSON. The word “Person” refers to and shall include individuals, partnerships, firms, associations and corporations, or any other form of business or government entity, and the use of the singular shall include the plural, and may include, where the context may appropriately require, any Party. -3-
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1.11 REFUSE AREA. The term “Refuse Area” means the portion of the Basement designated from time to time by DSP, subject to the terms and conditions set forth herein, for refuse and recycling facilities serving the DSP Tract (the “Refuse Area”), which area as of the Effective Date is as shown on the Site Plan.
1.12 REFUSE ACCESS AREA. The term “Refuse Access Area” means those portions of the Common Area designated from time to time by Yardi, subject to the terms and conditions set forth herein, for access to the Refuse Area, which area as of the Effective Date is as shown on the Site Plan.
1.13 SALE AND LEASEBACK. A “Sale and Leaseback” means a transaction whereby a Party conveys its leasehold estate in its Tract for financing purposes only and such conveyance is followed immediately by a leaseback or subleaseback of the entirety of the Tract or the improvements thereon to such Party, or to a parent, subsidiary or corporate affiliate of such Party.
1.14 SOUTHERN CALIFORNIA. The term “Southern California” refers only to the following counties in California: Los Angeles, San Diego, Riverside, Santa Barbara, Orange, Ventura and San Bernardino.
1.15 TRACT OR TRACTS. The term “Tract” or “Tracts” means the Yardi Tract or the DSP Tract or both, as the context may require.
1.16 UTILITY FACILITIES. The term “Utility Facilities” means sanitary sewers, storm drains, water and gas mains, sprinkler system lines, electrical power lines, cable television lines, telephone lines, conduits, pipes, wires, meters, vaults, equipment and other utility facilities serving a Tract.
1.17 UTILITY EASEMENT AREA. The term “Utility Easement Area” means those portions of the Yardi Tract or DSP Tract, as applicable, in which Utility Facilities are located as of the Effective Date or are later approved in writing by the owner of the burdened Tract.
1.18 OTHER DEFINITIONS. All other capitalized terms used herein shall be defined where used in this Agreement.
ARTICLE 2
GENERAL TERMS AND CONDITIONS
2.1 PRIOR REA. The Parties acknowledge that the REA has been terminated pursuant to a separate termination agreement recorded concurrently herewith.
2.2 WAIVER OF RIGHTS. In connection with the termination of the REA, DSP and Yardi each waive any right of first offer, refusal, negotiation, purchase option or similar rights as may have existed under the REA or their lease of any Tract notwithstanding any such right of DSP or Yardi that may have been triggered by the termination of the foregoing.
2.3 FURTHER ASSURANCES. No additional easement, relocation, modification or expansion of rights shall be effective unless set forth in a written instrument executed by the affected Parties and recorded in the Official Records. Each Party shall cooperate in good faith to execute and deliver such amendments, supplements or other instruments as may be reasonably necessary to carry out the purposes of this Agreement or to facilitate the operation, financing, insuring or sale of a Tract or any portion thereof, including the improvements located thereon.
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2.4 PROHIBITED USES. No use or operation of the Common Areas, the retail area directly adjacent to and physically integrated with the DSP Tract, or the Basement shall be made, conducted or permitted except for uses that are consistent with the Standard.
ARTICLE 3
EASEMENTS AND USE RIGHTS
3.1 COMMON AREA
3.1.1 Common Area Easement. Yardi hereby grants to DSP, for the benefit of the DSP Tract, and for use by DSP and the DSP Permittees, a nonexclusive easement over (a) the Access Easement Area, solely for reasonable pedestrian ingress to and egress from the DSP Tract, (b) the Refuse Access Area, solely for reasonable pedestrian and vehicular access to the Refuse Area, and (c) the Driveway Ramp, solely for pedestrian and vehicular access to the Basement. The easements granted pursuant to this Section 3.1.1 are limited solely to ingress and egress, as indicated, and shall not include any right to: (i) park vehicles; (ii) use loading areas, service areas or refuse areas except as expressly provided elsewhere in this Agreement; (iii) conduct business or commercial activities within the Common Area; (iv) install improvements within the Common Area other than Encroachments pursuant to Section 3.2; or (v) interfere with Yardi’s commercially reasonable use, operation, maintenance, repair, redevelopment or reconfiguration of the Common Area or the Yardi Tract, subject to the terms and conditions set forth herein.
3.1.2 Yardi Control of Common Area. Subject to the terms and conditions of this Agreement, Yardi shall retain the exclusive right to own, control, manage, maintain, repair, alter, redevelop, reconfigure and operate the Common Area and may from time to time permanently relocate, modify, reroute, or reconfigure portions of the Common Area in connection with Yardi’s use, maintenance, repair or redevelopment of the Yardi Tract or Common Area; provided, however, that (a) Yardi coordinates with DSP to prevent unreasonable interference with access to the DSP Tract and operations on the DSP Tract, (b) the relocation of any Common Area shall require thirty (30) days advance written notice to DSP, (c) Yardi shall continue to provide DSP with reasonably comparable access to the pedestrian entrances and exits serving the DSP Tract, vehicular access to the Basement, and pedestrian and vehicular access to the Refuse Area, as applicable, each as it existed as of the date immediately prior to the relocation, and (d) such relocation, modification, rerouting or reconfiguration must comply with any applicable governmental requirements (subsections (c) and (d) together, the “Relocation Standard”). Yardi may adopt reasonable rules and regulations, consistent with the Standard, applicable to the Common Areas or any portion thereof and modify or supplement the same from time to time. Upon receipt of any such rules and regulations, DSP shall comply with (and use commercially reasonable efforts to cause any DSP Permittees to comply with) such rules and regulations.
3.1.3 Temporary Closures. Yardi shall have the right to temporarily relocate, modify, reroute, reconfigure, close or restrict portions of the Common Area for maintenance, repairs, construction, redevelopment, public safety, emergencies, legal compliance, security purposes or prevention of prescriptive rights, provided that (a) Yardi coordinates with DSP to prevent unreasonable interference with access to the DSP Tract and operations on the DSP Tract, (b) Yardi provides DSP with thirty (30) days prior written notice of its intent to do so or such shorter period of notice as may be reasonable under the circumstances in the case of an emergency, (c) Yardi shall continue to provide DSP with reasonably comparable access to the pedestrian entrances and exits serving the DSP Tract, vehicular access to the Basement, and pedestrian and vehicular access to the Refuse Area, as applicable, (d) such relocation, modification, rerouting or reconfiguration must comply with any applicable requirements of the City of Santa Barbara, (e) upon commencement of any work pursuant to this Section 3.1.3, the grantee shall promptly and diligently prosecute such work to completion, and (f) any closure shall be for a period of thirty (30) days or less.
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3.1.4 No Dedication. Nothing contained herein shall be deemed to create any public right or dedication in or to the Common Area.
3.2 TEMPORARY CONSTRUCTION EASEMENTS. DSP hereby grants to Yardi, and Yardi hereby grants to DSP, with respect to their individual Tracts, a temporary, nonexclusive easement in, to, over, under and across its Tract (a) for the purpose of the development, construction and reconstruction of the improvements on such other Tracts, and (b) for the construction, erection, reconstruction, maintenance and removal of Common Building Components; provided, however, that prior to exercising any such easement on the grantor's Tract, the grantee shall obtain the prior written consent of the grantor, which consent shall not be unreasonably withheld, conditioned or delayed. Each such easement shall be temporary in nature and shall automatically terminate upon the completion or abandonment of the applicable construction, reconstruction or maintenance work. Upon termination, the grantee shall promptly restore the grantor’s Tract to substantially the same condition as existed prior to the commencement of such work.
DSP and Yardi severally covenant and agree that (i) upon commencement of any work pursuant to this Section 3.2, the grantee shall promptly and diligently prosecute such work to completion, (ii) its exercise of such easements shall not result in damage or injury to the improvements on any other Tract, and (iii) shall not unreasonably interfere with any business operations of the other Party or unreasonably interfere with the construction, repair, renovation or reconstruction of the improvements on the grantor’s Tract.
3.3 ENCROACHMENT EASEMENTS. DSP and Yardi, with respect to its own Tract, hereby grants to the other, a nonexclusive easement over its Tract for (i) the opening and closing of the doors of the other Party onto the Tract of the granting Party, and (ii) for the encroachment of canopies, flagpoles, roof and building overhangs, awnings, alarm bells, signs, lights and lighting devices and other similar appurtenances to such Party’s improvements, all as any of the foregoing exist as of the Effective Date, or pursuant to any other written agreement hereafter executed by DSP and Yardi (including the approval of the scope and location thereof by the Party whose Tract is burdened thereby). DSP and Yardi severally covenant and agree that its exercise of such easements shall not result in damage or injury to the improvements of the other Party and shall not interfere with the business operation conducted by the other Party.
3.4 UTILITY FACILITIES.
3.4.1 Utility Lines Through Yardi Tract. Yardi hereby grants to DSP a nonexclusive easement in, to, over, through, under and across the Onsite Parking Structure and the Common Area on the Yardi Tract for the installation, operation, flow and passage, use, maintenance, repair, relocation and removal of Utility Facilities serving the DSP Tract. Such utility easement shall be in such areas as exist as of the Effective Date (subject to Section 3.4.4 below) and in such areas as may be approved in writing by Yardi.
3.4.2 Utility Lines Through DSP Tract. DSP hereby grants to Yardi a nonexclusive easement in, to, over, through, under and across the DSP Tract for the installation, operation, flow and passage, use, maintenance, repair, relocation and removal of Utility Facilities serving the Yardi Tract. Such utility easement shall be in such areas as exist as of the Effective Date (subject to Section 3.4.4 below) and in such areas as may be approved in writing by DSP.
3.4.3 Maintenance and Repair. The grantee of any of the utility easements referred to in Section 3.4 shall be responsible as between the grantor and the grantee thereof for the maintenance and repair of all sanitary sewers, storm drains, pipes and conduits, cables, mains and lines and related equipment installed pursuant to such grant and exclusively serving such grantee’s Tract. Each grantor of such easements hereby grants a license to each grantee to enter upon the Tract of the grantor, or the portion thereof where such utility lines are located, for maintenance and repair of such utility lines in accordance with the terms and conditions contained in this Section 3.4.3. Any maintenance and repair work on such -6-
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lines and equipment shall be performed only after ten (10) days’ written notice to the grantor of the grantee’s intention to do such work, except in the case of emergency. Any such work shall be done without cost or expense to the grantor and in such manner as to cause as little disturbance in the use of the grantor’s Tract as may be practicable under the circumstances. The grantee shall indemnify, defend and hold grantor harmless from any and all mechanic’s, materialmen’s, contractor’s or subcontractor’s liens or any other claims or demands of any nature arising from the exercise of grantee’s work that may be enforced against grantor’s Tract, and from any loss, cost, damage and expense relating to claims for personal injury or property damage arising out of the maintenance or repair work, except to the extent caused by the negligence of the grantor. Upon the completion of the work, the grantee shall restore the portion of the grantor’s Tract affected by such work to the same condition as it was before the commencement of the work.
3.4.4 Relocation of Utility Easement. Notwithstanding anything to the contrary herein, at any time during the term hereof, the grantor of a utility easement shall have the right to relocate on its Tract any Utility Facilities relating to any of the utility easements granted pursuant to Section 3.4 then located on its Tract. Any relocation shall be performed only after the grantor has given ninety (90) days’ notice of its intention to relocate to the grantee, and such relocation: (i) shall not materially interfere with or diminish the utility services to the grantee; (ii) shall not reduce or unreasonably impair the usefulness or function of such utility; (iii) shall not materially increase the continuing expense of maintaining the utility service; and (iv) shall be performed without cost or expense to the grantee (the “Utility Relocation Standard”). Notwithstanding such relocation, the cost of maintenance of the lines, mains and/or equipment located on the grantor’s Tract and exclusively serving the grantee’s Tract shall be the obligation of the grantee
3.4.5 Private Sewer System. Notwithstanding the foregoing, in the event DSP proposes to convert all or any portion of the DSP Tract to residential use, and in connection with such development, DSP desires to utilize the existing private sewer system under the Onsite Parking Structure or the Common Area, DSP shall, prior to any such conversion, (a) engage a licensed civil engineer reasonably acceptable to Yardi to prepare a sewer capacity and impact analysis demonstrating that the projected sewer demand attributable to the proposed residential use will not exceed the capacity of the existing private sewer system, and (b) deliver such analysis to Yardi. If such analysis demonstrates that the proposed residential use would result in sewer demand exceeding the then-existing capacity of the private sewer system or would materially diminish the level of sewer service to the Yardi Tract, DSP shall connect the DSP Tract to a public sewer line adjacent to the DSP Tract that does not traverse or burden the Yardi Tract, which connection and all associated improvements shall comply with all applicable laws, permits and governmental requirements.
3.5 THE BASEMENT.
3.5.1 Basement Easement. Subject to this Section 3.5.1, DSP shall have an exclusive easement to use and occupy for parking and refuse uses the portion of the Onsite Parking Structure immediately below the footprint of the DSP Tract as shown on the Site Plan, including the structure, foundation and building systems associated therewith (collectively, the “Basement”), which is currently occupied by (a) forty-nine (49) parking spaces (the “Exclusive Spaces”) which DSP may elect to secure with a gate at DSP’s sole cost and expense, and (b) the Refuse Area. DSP shall pay Yardi (or Yardi’s designated parking facility operator) a monthly fee for the use of the Exclusive Spaces, which amount shall be calculated pursuant to a separate written agreement between DSP and Yardi (or Yardi’s designated parking facility operator) to be entered into simultaneously with this Agreement (the “Separate Parking Agreement”). Notwithstanding the foregoing, DSP acknowledges and agrees that the Basement easement (other than the Refuse Area, which shall at all times be subject to the exclusive use by DSP) shall be nonexclusive until DSP commences payment of the monthly fee for the use of the Exclusive Spaces under the Separate Parking Agreement. Yardi may adopt reasonable rules and regulations, consistent with the -7-
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Standard, applicable to the Onsite Parking Structure or any portion thereof and modify or supplement the same from time to time. Upon receipt of any such rules and regulations, DSP shall comply with (and use commercially reasonable efforts to cause any DSP Permittees who use any of the Exclusive Spaces to comply with) such rules and regulations. Any use of the Exclusive Spaces shall be deemed to be at the risk of the person or entity using the same, and, other than as set forth in Section 3.5.2 below, Yardi shall not be liable or responsible for any damage to property or injury to person or loss of life that may result to any user of the Exclusive Spaces.
3.5.2 Maintenance. Subject to the terms of this Agreement and Section 12.3, DSP shall maintain the Basement and any gate associated therewith at its sole cost and expense and consistent with the Standard. Notwithstanding the foregoing, for the first five (5) years following the Effective Date of this Agreement, Yardi shall maintain the foundation, structure, building systems and Common Building Components within the Basement at its sole cost and expense and consistent with the Standard. Following the expiration of such five (5) year period, DSP shall be fully responsible for the maintenance of the Basement and any gate associated therewith, including the foundation, structure and building systems, at its sole cost and expense and consistent with the Standard.
3.5.3 Duration. The easement right to use the Basement granted pursuant to this Section
3.5 shall remain in effect until the earlier to occur of the date on which the improvements no longer exist on the Tracts or the termination of this Agreement.
3.6 SUPPORT EASEMENTS. Yardi hereby grants to DSP an easement for support for the benefit of the improvements located on the DSP Tract lying over both the Onsite Parking Structure and the remainder of the Yardi Tract and as exists as of the Effective Date. DSP hereby grants to Yardi an easement for support for the benefit of both the portion of the Onsite Parking Structure and remainder of the Yardi Tract lying under the DSP Tract and as exists as of the Effective Date.
3.7 DOMINANT AND SERVIENT ESTATES. Each easement granted pursuant to the provisions of this Agreement is expressly for the benefit of the Tract of the grantee and shall run with the land for the benefit of such Tract, until such easement is terminated in accordance with Section 3.8 hereof.
The Tract benefited by an easement granted herein shall be the dominant estate and the Tract upon which such easement is located shall be the servient estate, but where only a portion thereof is bound and burdened, or benefited by a particular easement, only that portion so bound and burdened, or benefited, as the case may be, shall be deemed to be the servient or dominant tenement, as the case may be. Any easement granted pursuant to the provisions of this Article 3 may be abandoned or terminated by the mutual execution of an agreement so abandoning or terminating the same, by the owners of the dominant and servient estates.
3.8 TERMINATION OF EASEMENTS. Except as otherwise expressly provided herein, the easements granted pursuant to this Agreement shall remain in effect until the earlier to occur of the date on which the improvements no longer exist on the Tracts or the mutual termination of this Agreement. For the avoidance of doubt, no Party shall have the unilateral right to terminate this Agreement.
ARTICLE 4
CONSTRUCTION
4.1 LIMITED NOTICE AND APPROVAL RIGHTS. Except as expressly provided herein, no Party shall have approval rights over the construction, repair, redevelopment, demolition or other work done on another Party’s Tract; provided, however, that (a) each Party shall provide the other with no less than ninety (90) days’ prior written notice before commencing any construction, repair, redevelopment, demolition or other work materially affecting the easements granted in Article 3, (b) each Party shall have approval rights with respect to changes in the location of Utility Facilities burdening its Tract, and (c) DSP and Yardi shall each have approval rights with respect to modifications relating to structural and other -8-
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portions of the improvements located on the other’s Tract that are physically, integrated with or otherwise have a material effect on the their respective improvements or that are physically integrated with or have a material effect on such Party’s improvements, including Common Building Components. Any notice of disapproval shall state in writing the reasons for the disapproval and the changes in the plans for the modification required by such Party for its approval. Upon receipt of a written notice of disapproval from any Party within said twenty (20) day period, the Party requesting the proposed modification shall revise the plans therefor so as to satisfy the objections contained in the notice of disapproval. Revised plans for the plan modification shall be resubmitted to each of the Parties who shall have the same period of time as in this Section 4.1 to approve or disapprove the revised plans. The approval required under this Section 4.1 shall not be unreasonably withheld, conditioned or delayed. Prior to commencing any work, each Party shall enter into construction contracts with a contractor licensed in the State of California.
4.2 DELIVERY OF AS-BUILT PLANS. Upon completion of construction involving Utility Facilities, Common Building Components or structural components affecting another Party’s Tract (including the Onsite Parking Structure), each Party shall deliver to the other Party reasonably-detailed asbuilt structural and utility plans relating to the applicable work.
4.3 LIABILITY FOR PLAN APPROVAL. The exercise by a Party of its right to inspect or review the plans, drawings and specifications of any other Party pursuant to the terms of this Agreement shall not constitute a determination by such Party of the engineering or structural design, sufficiency or integrity of the improvements contemplated by such plans, drawings and specifications nor a determination of compliance of such plans, drawings and specifications with any applicable building codes, safety features or standards. Any inspection or approval of plans, specifications and drawings made or granted pursuant to this Agreement shall not constitute an inspection or approval of the quality, adequacy or suitability of such plans, specifications or drawings, nor of the labor, materials, services or equipment to be furnished or supplied in connection therewith. No Party has any right, and hereby expressly disclaims any right, of supervision or control over the architects, designers, engineers or other persons responsible for the drafting or formulation of the plans, drawings and specifications of another Party.
4.4 MANNER OF CONSTRUCTION. All work of construction on a Tract shall be diligently performed at the Tract owner’s sole cost and expense, except as expressly provided herein, and in accordance with all applicable law, including any restrictions on the timing for construction or noise associated therewith. Each Party severally agrees to use reasonable efforts to perform its respective work so as not to (i) unreasonably interfere with any construction work being performed on the other Party’s Tract, or any part, thereof, or (ii) unreasonably interfere with the use, occupancy or enjoyment of the other Party’s Tract. Each Party, as respects the construction it is to perform, shall use all reasonable efforts to cause its architects and contractors to cooperate and coordinate their construction with the architects, contractors and construction work of the other Parties hereto to the extent reasonably practicable, to achieve the objectives set forth in this Section 4.4. DSP and Yardi shall have the right to post notices of nonresponsibility on the Tracts of the other prior to the commencement of the construction. Yardi grants DSP a temporary easement for construction staging and access within the Onsite Parking Garage in the location of the Exclusive Spaces, subject to the terms and conditions of this Section 4.4. Yardi shall not perform any construction staging in the Common Areas that would unreasonably impede pedestrian access within the Common Area.
4.5 COMMON FOOTINGS. In each case where a Party’s improvements will have footings in common with the improvements of another Party, the common footings shall remain compatible with the structural design of the existing buildings and each Party affected by a change in common footings shall approve any such proposed change. Each Party shall provide the other Party with at least ninety (90) days’ prior written notice before performing any maintenance, repair or replacement of the common footings, foundation and structural support components located on the performing Party’s Tract (“Foundation -9-
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Work”). Foundation Work shall be limited to such work as is reasonably necessary to preserve, maintain and repair the structural integrity of the footings, foundation and structural support components of the improvements located on the non-performing Party’s Tract. Each Party shall be responsible for, and shall promptly reimburse the other Party for, any physical damage to the improvements located on the nonperforming Party’s Tract, or any other portion thereof, caused by or arising out of the performance of Foundation Work. Prior to commencing any Foundation Work, each Party shall maintain, and cause its contractors to maintain, commercial general liability insurance and such other insurance as is customary, naming the other Party as an additional insured. The indemnification obligations set forth in Section 4.9 shall apply to all Foundation Work performed pursuant to this Section 4.5.
4.6 CONSTRUCTION BARRICADES. DSP and Yardi shall each erect and construct a solid plywood construction barrier of appropriate height separating any repair, replacement or remodeling construction work from the Common Area, existing improvements, and the adjacent public streets, as applicable and reasonably practicable, and in compliance with all applicable law. Any construction barricades shall be kept in place and in good condition and repair until the improvements being constructed are secure from unauthorized intrusion and do not create hazardous conditions.
4.7 WORKMANSHIP. Each Party agrees that all construction shall be done in a good and workmanlike manner, with first-class materials and in accordance with all applicable laws, rules, ordinances and regulations and applicable law and governmental approvals. Each Party shall pay all costs, expenses, liabilities and liens arising out of or in any way connected with such construction except as otherwise provided herein.
4.8 MECHANIC’S LIENS. Each Party severally covenants not to permit any mechanic’s, materialmen’s, contractor’s or subcontractor’s lien or any other claims or demands of any nature arising from the construction of their respective improvements to be enforced against its respective Tract or any other Tract. DSP and Yardi each severally covenant and agree to indemnify, defend and hold each other free and harmless of any and all mechanic’s, materialmen’s, contractor’s or subcontractor’s liens, claims and demands, together with any cost and expenses incurred by such other Party or levied against such other Party’s Tract in connection with such liens, claims or demands arising out of the construction of the improvements on the indemnifying Party’s Tract.
4.9 CONSTRUCTION INDEMNITY. During any period of construction on its Tract, each Party severally covenants and agrees to indemnify and hold harmless each other Party, and the Tracts of each other Party from and against all liability, loss, damage, cost or expense, including reasonable attorneys’ fees and court costs, arising from or as a result of the death of, or any accident, injury, loss or damage whatsoever caused to any natural person, or to the property of any Person, which shall be directly or indirectly caused by any acts, errors or omissions of such Party or its respective agents, servant, employees or contractors in connection with such Party’s construction activities or improvements, except for claims caused by the gross negligence or willful misconduct of the indemnified Party, or their respective agents, servant or employees. The indemnified Party shall promptly give the indemnifying Party notice of any suit or proceeding entitling the indemnified Party to indemnification pursuant to this Section 4.9.
ARTICLE 5
MAINTENANCE AND ALTERATIONS
5.1 MAINTENANCE. Yardi and DSP shall at all times during the term of this Agreement keep and maintain, or cause to be kept and maintained, all portions of their respective improvements (other than the Basement, the maintenance of which is governed by Section 3.5.2), including the Common Area by Yardi, in good order, condition and repair in accordance with the standard customary for first-class, high quality, mixed-use project located in Southern California (the “Standard”). Notwithstanding anything herein to the contrary, in no event shall either Party be responsible for any maintenance, damage, cost or -10-
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expense resulting solely from the acts, negligence or willful misconduct of the other Party, its agents or employees.
5.2 ALTERATIONS. No Party shall make any material alteration to structural components located on another Party’s Tract, including Common Building Components, or materially impair Utility Facilities serving another Party’s Tract without the prior written consent of the affected Party, which consent shall not be unreasonably withheld, conditioned or delayed. Except as expressly set forth above, each Party shall have the unrestricted right to repair, alter, redevelop, demolish, reconstruct, convert and improve its own Tract without the consent of the other Party except as otherwise expressly provided herein.
5.3 PERFORMANCE OF MODIFICATIONS OR ALTERATIONS. All work shall be performed in a good and workmanlike manner and shall comply with the requirements of Article 4. All modifications or alterations shall be constructed at the sole cost and expense of the Party making such alterations and modifications.
5.4 INSURANCE.
5.4.1 DSP. DSP shall maintain (a) property insurance at the full insurable value with respect to the Common Building Components; and (b) comprehensive public liability and property damage insurance insuring against any loss, cost, liability, damage and expense (including the expense of legal defense) incurred or arising out of death, personal injury or property damage suffered or alleged to be suffered by any Person or Persons within the Basement. Each such policy shall include contractual liability insurance for the indemnity obligations set forth herein and include the other Party as an additional insured, each at levels consistent the Standard.
5.4.2 Yardi. Yardi shall maintain a policy or policies of (a) property insurance at the full insurable value with respect to the Common Building Components, Common Area and the Basement; (b) property insurance at full insurable value for the Common Areas and Basement, and (b) comprehensive public liability and property damage insurance insuring against any loss, cost, liability, damage and expense (including the expense of legal defense) incurred or arising out of death, personal injury or property damage suffered or alleged to be suffered by any Person or Persons within the Common Area. Each such policy shall include contractual liability insurance for the indemnity obligations set forth herein and include the other Party as an additional insured, each at levels consistent the Standard.
5.4.3 Full Insurable Value. The term “full insurable value” as used in this Agreement shall mean the actual replacement cost (excluding the cost of excavation, foundations and footings below the ground level and without deduction for depreciation) of the Common Area and Basement as adjusted from time to time to reflect changes in the actual replacement costs less such deductibles as are reasonable and customary for insurance maintained at the Standard.
5.4.4 Mutual Release and Waiver of Subrogation. Each Party hereby releases and waives any claims against each other Party from any liability for any death, personal injury or property damage, of such Party or of any occupant claiming its right of occupancy by or through such Party, which loss or damage is covered by the insurance required to be maintained by it, regardless of any negligence on the part of the released persons which may have contributed to or caused such death, personal injury or property damage, and each Party on behalf of its insurance carrier, waives any right of subrogation that may arise therefrom.
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ARTICLE 6
CASUALTY AND CONDEMNATION
6.1 COMMON AREA. In the event of a casualty or condemnation affecting all or any portion of the Common Area, Yardi shall have no obligation to restore or repair the Common Area, provided that, if reasonably possible as determined by Yardi in its commercially reasonable discretion, Yardi complies with the Relocation Standard with respect to the component of Common Area affected by the casualty or condemnation event.
6.2 BASEMENT. In the event of casualty or condemnation of all or any portion of the Basement, Yardi shall have the right to either (i) permanently, in the event of a condemnation; or (ii) temporarily, in the event of a casualty or temporary condemnation, relocate the Exclusive Spaces and the Refuse Area to the Onsite Parking Structure or the Lot 2 Public Parking Structure, subject to the following conditions: (a) Yardi shall provide DSP with reasonable prior written notice of any proposed relocation, which notice shall include a description and depiction of the proposed replacement parking area and refuse area; and (b) DSP shall have the exclusive right to use such spaces and refuse area, which shall be no fewer than forty-nine (49) in number and shall be of substantially similar size as the Exclusive Spaces and Refuse Area. Notwithstanding the foregoing, DSP shall have the right to reject such relocation and temporarily relocate independently to any area other than an area owned or controlled by Yardi, in which case no parking fee shall be due during such temporary relocation under the Separate Parking Agreement. In the event of a casualty other than a total casualty or a casualty caused by DSP or any DSP Permittee, DSP shall either require Yardi to (a) remit the insurance proceeds actually received from the insurer from the insurance required to be maintained hereunder with respect thereto and DSP shall reconstruct or repair the Basement, or (b) promptly, but in no event beyond eighteen (18) months after the commencement of restoration, restore the Basement to substantially the same condition as existed on the date immediately prior to such event.
6.3 COMMON BUILDING COMPONENTS.
6.3.1 Obligations. In the event of a casualty or condemnation affecting any Common Building Component, each Party shall repair and restore, or cause to be repaired and restored, the Common Building Component on its respective Tract to a condition that will permit such Common Building Component to have the capacity to be used in common with the other Party’s Tract. Neither Party shall by reason of restoration of the benefited improvement place upon the subject Common Building Component any burden that is in excess of the capacity of the subject Common Building Component, or that will prevent the use of the improvement containing the subject Common Building Component for its intended use. Each Party shall promptly, but in no event beyond eighteen (18) months after the commencement of restoration, restore the Common Building Component to substantially the same condition as existed prior to such casualty event.
6.3.2 Maintenance of Foundations. Each of DSP and Yardi severally agrees that in the event the improvements on its respective Tract, including the Common Area, shall be damaged or destroyed and such Party is not required and does not elect to restore such improvements pursuant to the provisions of this Agreement, it will leave in place any foundations not destroyed, that immediately prior to such damage or destruction were shared jointly between the improvements on its Tract and the improvements on any other Tract, for so long as such other improvements are in existence, including any period of restoration or reconstruction of same. Nothing contained in this Section 6.3.2 is or shall be determined to impose upon any Party any obligation to reconstruct all or any part of any improvements on another Tract beyond such reconstruction provisions as are otherwise contained in this Agreement.
6.4 STANDARDS. All restoration required by either Party pursuant to this Agreement shall be performed by a general contractor licensed by the State of California. If the Parties are restoring their improvements at the same time, the Parties shall meet prior to the commencement of restoration and -12-
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cooperate in good faith to devise a construction phasing plan for the restoration of the damaged improvements. The construction phasing plan shall provide for, among other things, any use of a portion of the Common Area, of either Party’s Tract, or a portion of the Onsite Parking Structure in connection with the restoration, a schedule for the restoration, designation of construction employee parking areas and truck access routes and schedules. Each restoring Party shall make all reasonable efforts to keep any inconvenience, annoyance, disturbance or loss of business to the minimum reasonably required by the restoration. If any Party uses a portion of the Common Area, either Party’s Tract, or the Onsite Parking Structure in connection with the restoration, the restoring Party shall promptly restore the portions of the Common Area, other Party’s Tract, or Onsite Parking Structure so used upon cessation of the restoration to substantially the same condition in which the same were prior to the time of commencement of such restoration, including the clearing of such area of all loose dirt, debris, equipment and construction materials.
The restoring Party shall also restore, at its sole cost, and expense any portion of the Common Area, of another Party’s Tract, or of the Onsite Parking Structure that may have been damaged by such restoration promptly upon the occurrence of such damage. During the prosecution of any restoration, each restoring Party shall barricade the unrestored portion of its improvements with a barricade of appropriate height completely sealed and painted. All restoration shall be performed in a good and workmanlike manner and in compliance with applicable laws and the requirements of insurance underwriters. Each Party shall make all reasonable efforts to keep any inconvenience, annoyance, disturbance or loss of business to the other Party to the minimum reasonably required by the work in question to effectuate the restoration.
6.5 CLEARING OF DAMAGED IMPROVEMENTS. If any Party is not required or elects not to restore its improvements in accordance with this Article 6, such Party shall, at its sole cost and expense, raze the improvements, or the portion thereof that have been damaged or destroyed, and clear the applicable portion of its Tract of all debris. Notwithstanding anything contained in this Article 6, each Party shall, upon the occurrence of any damage or destruction to the improvements on such Party’s Tract, immediately, perform and complete, or cause to be performed and completed, such work as may be necessary to place the damaged improvements in a safe condition pending restoration or demolition thereof.
All such work shall be performed at the sole cost and expense of the Party owning the damaged improvements, regardless of whether, insurance proceeds are available to pay the cost of such work, but subject to reimbursement from such insurance proceeds when they become available.
6.6 LIABILITY OF MORTGAGEES. If a Mortgagee acquires the Tract of any Party by foreclosure, deed in lieu of foreclosure, or by termination of a leaseback in a Sale and Leaseback transaction, the obligation of such Mortgagee or purchaser at a foreclosure sale to comply with the restoration obligations of this Article 6 following damage or destruction shall be limited in accordance with this Section
6.6; provided, however, the following limitations shall apply for the benefit of such Mortgagee only if such Mortgagee or purchaser permit such insurance proceeds as are available to be used for Restoration in accordance with this Article 6:
6.6.1 Damage Occurring Prior to Acquisition. The Mortgagee or purchaser at a foreclosure sale shall not be required to repair any damage or destruction occurring prior to the date of such foreclosure sale or conveyance, or termination of leaseback, unless the damage and destruction was caused by a peril for which the Party whose interest was acquired was required to maintain insurance hereunder, in which case the Mortgagee or purchaser shall restore the damage or destruction in accordance with this Article 6 to the extent of the insurance proceeds received as a result of such casualty.
6.6.2 Restoration Not Required. If such Mortgagee or purchaser at a foreclosure sale is not required pursuant to this Article 6 to restore any damaged or destroyed improvements, and does not elect to do so, then such Mortgagee or purchaser shall raze the damaged improvements and clear the Tract in accordance with Section 6.5. NOTHING CONTAINED IN THIS SECTION 6.6 SHALL BE -13-
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CONSTRUED TO RELIEVE THE PARTY WHOSE INTEREST WAS ACQUIRED BY THE MORTGAGEE OR PURCHASER OF ITS OBLIGATIONS UNDER THIS ARTICLE 6.
ARTICLE 7
TRANSFERS
7.1 LIMITATIONS ON TRANSFER OR ASSIGNMENT. In no event shall the rights, powers and obligations conferred upon Yardi or DSP pursuant to this Agreement be at any time transferred or assigned by any such Party except through a transfer of all of its interest in its Tract.
7.2 MORTGAGES. None of the rights, powers and obligations of the transferring Party under this Agreement shall be transferred or assigned with the transfer or conveyance of its interest pursuant to the granting of a Mortgage on a Tract or the improvements thereon to secure a loan, and all of the rights, powers and obligations of the transferring Party under this Agreement shall remain in such Party so long as the transferring Party remains the beneficial owner of the interest in its Tract.
7.3 RELEASE; ASSUMPTION. If any Party sells, transfers or assigns all of its interest in its Tract and all of its rights under this Agreement in accordance with this Article 7, the transferring Party shall, except as otherwise provided in this Agreement, be released from future obligations hereunder from and after the effective date of such sale, transfer or assignment. Any transferee of the interest of a Party in its Tract shall take such interest subject to all terms, covenants, obligations, restrictions and conditions set forth in this Agreement.
7.4 EFFECT OF TRANSFER OR ASSIGNMENT ON MORTGAGE. The following releases shall be effective with respect to any subsequent transfer or assignment by the transferee of a Mortgagee or other Person acquiring an interest in a Tract as the result of a foreclosure, or termination of a Sale and Leaseback, or through any transfer in lieu of foreclosure, or through settlement of or arising out of any pending or contemplated foreclosure action: (a) the release from all unaccrued obligations under this Agreement of a leaseback lessee in a Sale and Leaseback upon the termination or expiration of the leaseback; (b) the release of any leaseback lessor under a Sale and Leaseback that shall have acquired possession through termination or expiration of the leaseback, upon the sale, transfer, conveyance or assignment of its title or interest from all obligations under this Agreement which relate to actions or omissions which occurred prior to the time such leaseback lessor acquired possession; or (c) the release of any Mortgagee which shall have acquired title through foreclosure, or through any transfer in lieu of foreclosure, or through settlement of or arising out of any pending or contemplated foreclosure action upon sale, transfer, conveyance or assignment of its title or interest from all obligations under this Agreement that relate to actions or omissions which occurred prior to the time such Mortgagee acquired title. In the event of any termination or expiration of the interest of the leaseback lessee or any surrender thereof to the leaseback lessor or any nominee of the leaseback lessor which shall hold said interest for the benefit of such leaseback lessor, the leaseback lessor and its successors and assigns shall (notwithstanding any language in the leaseback document or any other instrument, or in any instrument of surrender, preventing the merger of title in said leaseback lessor and notwithstanding the fact that such surrender may be made to such nominee of the leaseback lessor) be liable for the performance of the thereafter accruing obligations under and pertaining to the terms of this Agreement, including, with respect to a leaseback lessor of the DSP Tract or Yardi Tract, the obligations under Section 8.9.
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ARTICLE 8
DEFAULT
8.1 DEFAULTS; SELF-HELP.
8.1.1 It shall be an “Event of Default” by a Party hereunder if a Party (the “Defaulting Party”) shall fail or neglect to perform any act or thing herein provided to be performed by it or shall fail to pay any sum of money required to be paid by it hereunder, and such failure shall continue for the grace period specified in Section 8.6 after notice from the non-Defaulting Party specifying the acts or things to be performed.
8.1.2 Upon an Event of Default of either Party’s maintenance obligations with respect to the Common Area, Basement, or Common Building Components, the non-Defaulting Party may (but shall not be required to) cure such default (unless within such thirty (30) day period such Defaulting Party shall commence the necessary action to cure and thereafter continue the same with due diligence), and the Defaulting Party shall reimburse the non-Defaulting Party for the actual, reasonable third-party costs incurred by the non-Defaulting Party within ten (10) days of written demand accompanied by final invoices reflecting such costs, unless the Defaulting Party notifies the non-Defaulting Party within thirty (30) days after receipt of such notice that it contends it is (or was) not obligated to perform the same, in which case the obligation to perform shall be subject to mediation in accordance with Section 10.1. Despite the giving of such notice by the Defaulting Party, the non-Defaulting Party claiming the default nevertheless may perform the act in question but shall not be entitled to reimbursement of its costs until mediation has been concluded in its favor. Notwithstanding the foregoing, if the non-Defaulting Party in good faith shall deem that an emergency is occurring or has occurred so that a default requires immediate curing, then such nonDefaulting Party may without notice act promptly and take such action as is necessary to cure the alleged default. Any Party performing any action pursuant to the preceding sentence shall act with reasonable promptness and shall give notice to the Defaulting Party of the doing of such work and the alleged default.
Such notice, notwithstanding any other provision of this Agreement, need not be in writing if the giving of a written notice would not be reasonably possible under the circumstances, so long as such notice is given to an officer or responsible official of the Defaulting Party. Written confirmation of the action shall be given as soon as reasonably possible. The Party so acting shall prosecute any work performed by it under the provisions of this Section 8.1 diligently to completion.
8.2 MANNER OF ACTION. Any action by a Party taken pursuant to Section 8.1.2 shall be taken at such times and in such manner as to cause the least practical interference with the business being conducted within the Tracts. Except for any negligent or willful act or omission, the acting Party shall not be liable or in any way responsible for any loss, inconvenience, annoyance or damage resulting to the Defaulting Party or the Defaulting Party’s occupants for any action taken pursuant to Section 8.1.2.
8.3 RIGHTS AND REMEDIES OF NON-DEFAULTING PARTIES. Upon an Event of Default by either Party, and the other Party does not elect self-help in accordance with Section 8.1.2, subject to Section 3.8, the non-defaulting Party may exercise any or all rights and remedies available to it in law or equity other than termination of this Agreement, including, without limitation, but subject to Article 10, a suit for damages or the institution of proceedings for specific performance or an injunction to compel the Defaulting Party to observe or perform its covenants and obligations hereunder. Notwithstanding the above, if the failure to perform or pay any sum of money is the result of a dispute that is subject to mediation under Section 10.1, the non-defaulting Party shall comply with the provisions of Article 10 prior to commencing any judicial proceeding.
8.4 INJUNCTIVE RELIEF. Notwithstanding anything contained in Section 8.3 or the application of any period for curing a default, in the event of any violation or threatened violation by any -15-
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Party of any of the terms, restrictions, covenants and conditions of this Agreement (whether affirmative or negative in nature), any of the Parties shall have the right to enjoin such violation or threatened violation in a court of competent jurisdiction. Prior to the commencement of any such action, at least five (5) days’ written notice of such violation shall be given to the Party responsible therefor.
8.5 NO WAIVER. No act or thing done or performed by a Party pursuant to this Article 8 and no omission to act pursuant to this Article 8 shall be construed as a waiver of any default by the Defaulting Party or as a waiver of any covenant, term or condition herein contained or of the performance thereof.
8.6 “GRACE PERIOD”. The term “grace period”, as used in this Article 8 shall mean a period of thirty (30) days duration, except that if, because of the nature of the act or thing in question, longer than thirty (30) days is required to do or perform the same, the grace period shall be of the duration required to do or perform the same if commenced with reasonable promptness and thereafter prosecuted diligently to completion.
8.7 LICENSE FOR SELF-HELP. Subject to the provisions of this Article 8, each Party hereby grants to the other Parties, for the benefit of the Tract of each such other Party during the term of this Agreement, a nonexclusive license over and under any and all parts of its Tract for all purposes reasonably necessary to enable each other Party (acting directly or through employees, agents, contractors or subcontractors) to exercise its rights under this Article 8.
8.8 RIGHTS OF LEASEHOLD MORTGAGEES. If any Mortgagee of a Party’s Tract has delivered a written notice to each of the other Parties in accordance with Section 11.2 hereof, any notice of a default or failure to satisfy a condition hereunder shall not be effective until such Mortgagee has received a copy thereof. Upon receipt of such notice, the Mortgagee shall have the right, but not the obligation, to remedy the default or satisfy the condition specified in such notice on behalf of the Defaulting Party. Such Mortgagee shall have ninety (90) days after the date of the notice of default or of failure to satisfy a condition to remedy or satisfy the same; provided, however, if such default or condition cannot be remedied or satisfied within said ninety (90) day period, the Mortgagee shall have such additional time as may be required to prosecute such remedy or satisfaction to completion, as long as the Mortgagee commences the remedy or satisfaction within said ninety (90) day period and thereafter diligently prosecutes the same to completion; provided, further, that if the Mortgagee cannot reasonably satisfy the condition or remedy the default without acquiring possession of the Defaulting Party’s interest in its Tract, the Mortgagee shall have one hundred eighty (180) days after the date of the notice of default to commence any nonjudicial or judicial foreclosure proceeding required to obtain possession of the Defaulting Party’s interest in its Tract and a reasonable time period thereafter in which to diligently pursue such proceeding to completion. Except as provided below, a Mortgagee shall have a reasonable period of time after the Mortgagee acquires possession of a Defaulting Party’s interest in its Tract to satisfy the condition or remedy the default. Notwithstanding the above, if the condition or default specified in the notice of default or failure to satisfy a condition is a failure by Yardi to operate the Common Area, the Mortgagee shall have a period of one (1) year from the date Mortgagee acquires possession of Yardi’s interest in its Tract in which to satisfy the condition or remedy the default by operating or causing to be operated the Common Area. Nothing contained herein shall prevent a Party from exercising its rights to cure the default of the Defaulting Party under Section 8.4 until the Mortgagee has acquired Yardi’s interest in the Yardi Tract.
8.9 LIABILITY OF PARTIES UPON TRANSFER OF INTEREST. From and after the date of any sale, conveyance, assignment or other transfer of a Party’s entire interest in its Tract, whether such transfer is voluntary or involuntary, such Party shall be relieved of all personal liability under this Agreement, except as otherwise provided herein. The foregoing release shall not apply to any liability of such Party arising prior to the date of such transfer.
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ARTICLE 9
FUTURE FINANCINGS
The Parties anticipate the need for future financing to redevelop the improvements on their respective Tracts, and either Party may seek future financing secured by its interest in its respective Tract. Accordingly, the Parties agree to cooperate in good faith in connection with any such financing, including considering in good faith any lender requests to make commercially reasonable amendments to this Agreement. For purposes of clarification, in no event shall a change to the economics of this Agreement, the rights and responsibilities of each Party set forth herein, the allocation of risk or liability of each Party, or any limitation of liability (collectively, the “Limitations”), be considered a reasonable amendment pursuant to this Article 9, nor shall this Article 9 be deemed or construed to require either Party to enter into any amendment to this Lease.
ARTICLE 10
DISPUTE RESOLUTION
10.1 MEDIATION. This Article 10 shall survive the expiration or earlier termination of this Agreement. The Parties agree that any and all disputes, claims or controversies arising out of or relating to this Agreement shall first be submitted to JAMS, or its successor, for mediation, and if the matter is not resolved through mediation, then it shall be resolved through litigation as set forth below: (i) either Party may commence mediation by providing JAMS and the other Party a written request for mediation, setting forth the subject of the dispute and the relief requested; (ii) the Parties shall use commercially reasonable efforts to cooperate with JAMS and with one another in selecting a mediator from the JAMS panel of neutrals and in scheduling the mediation proceedings within thirty (30) days of written request for mediation, with the parties agreeing that they will participate in the mediation in good faith, that they will share equally in its costs, and the Parties will use commercially reasonable efforts to complete such mediation within sixty (60) days of commencement; (iii) all offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the Parties, their agents, employees, experts and attorneys, and by the mediator or any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the Parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation; (iv) if a Party does not participate in the mediation, the requesting Party shall be awarded all of its legal expenses in requesting the mediation, which award shall not be delayed by any subsequent litigation or ultimate determination of the merits and prevailing party as anticipated in Section 14.1, and the non-participating Party shall forfeit any right to recover attorneys’ fees or costs as a prevailing party pursuant to Section 14.1 in any subsequent litigation arising out of or relating to the subject matter of such mediation request; (v) all applicable statutes of limitation and defenses based upon the passage of time shall be tolled until fifteen (15) days after the mediation is deemed closed by JAMS, and the parties will take such action, if any, required to effectuate such tolling; and (vi) if mediation is unsuccessful, the venue of any action hereunder shall be brought solely and exclusively in Santa Barbara County, California in the United States federal district court or the courts of the State of California.
10.2 JURY TRIAL WAIVER. THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY
AND INTENTIONALLY WAIVE THE RIGHT EITHER MAY HAVE TO A TRIAL BY JURY IN
RESPECT OF ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER OR IN
CONNECTION WITH THIS AGREEMENT AND ANY DOCUMENT EXECUTED IN CONNECTION
HEREWITH OR RELATED HERETO, OR ANY COURSE OR CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER ORAL OR WRITTEN) OR ACTIONS OF EITHER PARTY. THIS
PROVISION IS A MATERIAL INDUCEMENT FOR THE PARTIES TO ENTER INTO THIS TRANSACTION. THIS SECTION 10.2 SHALL SURVIVE THE CLOSING OR TERMINATION OF THIS AGREEMENT.
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ARTICLE 11
NOTICES
11.1 NOTICES TO PARTIES. Any notice, demand, request, consent, approval, designation or other communication which any Party is required or desires to give or make or communicate to any other Party shall be in writing and shall be given or made or communicated by personal delivery, or by United States registered or certified mail, return receipt requested, postage prepaid, or by courier or express service guaranteeing overnight delivery, with a signed receipt in each case addressed, in the case of Yardi to:
PNSB Real Estate, LLC
430 S Fairview Ave
Santa Barbara, CA 93117
Attn: Arnold Brier
Telephone: (805) 699-2040 x11074
Email: [email protected]
with a copy to:
Fauver, Large, Archbald & Spray LLP
820 State Street, Fourth Floor
Santa Barbara, CA 93101
Attn: Olivia K. Marr
Telephone: (805) 966-7000
Email: [email protected]
and addressed, in the case of DSP to:
DSP SANTA BARBARA SUB LLC
18565 Jamboree Road, Suite 200
Irvine, CA 92612
Attn: Stephen Logan
Email: [email protected]
DSP SANTA BARBARA SUB LLC
640 Fifth Avenue, 17th Floor
New York, NY 10019
Attn: Ben Morrison
Email: [email protected]
with a copy to:
Brownstein Hyatt Farber Schreck, LLP
1020 State St, Santa Barbara, CA 93101
Attn: Beth Collins, Esq.
Email: [email protected]
subject to the right of any Party to designate a different or additional address by notice similarly given. Any notice, demand, request, consent, approval, designation, including any duplicate original, or other communication so sent shall be deemed to have been given, made or communicated, as the case may be, on the date the same was delivered personally or by the United States mail as registered or certified matter, with postage thereon fully prepaid.
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11.2 MORTGAGEE NOTICE. The Mortgagee under any Mortgage affecting any Tract shall be entitled to receive notice of any default by the Party owning such Tract, provided that such Mortgagee shall have delivered a copy of a notice in the form hereinafter contained to each Party hereunder. The Parties acknowledge and agree that as of the Effective Date GF Capital is a Mortgagee of DSP entitled to receive notices at 17731 Mitchell N, Suite 200, Irvine, CA 92614 and it shall not have to provide separate notice.
The form of such notice shall be as follows:
The undersigned, whose address is ___________ does hereby certify that it is the holder of a first leasehold lien upon the leasehold estate described in Exhibit “A” attached hereto which lien encumbers the leasehold estate of (Party). In the event that any notice shall be given of the default of the Party upon whose leasehold estate this lien applies, a copy thereof shall be delivered to the undersigned who shall have, subject to the terms of that certain Mutual Use Agreement, dated ______, 2026, encumbering such tract, the right to cure such default. Failure to deliver a copy of such notice to the undersigned shall in no way affect the validity of the notice of default as it respects such Party.
Any such notice to a Mortgagee shall be given in the same manner as provided in Section 11.1. The failure to deliver a copy of a notice of default to any Mortgagee shall in no event create any liability on the part of the Party so declaring a default, but such Party shall not be entitled to exercise the interest of the Mortgagee, except in an emergency, until written notice is given to the Mortgagee in accordance with Section 11.1. If any notice shall be given of the default of a Party, such Mortgagee shall have the right to cure such default in accordance with Section 8.9 hereof
ARTICLE 12
AMENDMENT
12.1 METHOD OF AMENDMENT. The Parties agree that the provisions of this Agreement may be modified or amended, in whole or in part, only with the consent of all of DSP and Yardi. Any amendment shall be by declaration in writing, executed and acknowledged by DSP and Yardi, and duly recorded in the Official Records.
12.2 NO THIRD-PARTY BENEFICIARY. Except for the provisions hereof that are for the benefit of a Mortgagee, the provisions of this Agreement are for the exclusive benefit of the Parties, their successors and assigns, and not for the benefit of any third Person, including any occupant or permittee of the Center other than the Parties, nor shall this Agreement be deemed to have conferred any rights, express or implied, upon any third person. It is expressly understood and agreed that no modification or amendment, in whole or in part, shall require any consent or approval on the part of any occupant or permittee other than a Party. No such modification or amendment shall be binding upon any Mortgagee that has delivered a notice in the form set forth in Section 11.2 to each Party prior to the effective date of such modification or amendment unless such Mortgagee has consented to or approved such modification or amendment.
12.3 LOT LINE ADJUSTMENT. The Parties agree to jointly pursue a Lot Line Adjustment (“LLA”) to transfer Yardi’s fee interest in the Basement to DSP (the “Transfer”). Because the Parties agree that transferring the Basement to DSP is commercially preferable for both Parties, and DSP shall bear the full cost and expense associated with the processing and pursuit of the LLA, there shall be no separate monetary consideration required for the Transfer. Each party shall use commercially reasonable efforts to support and expedite the LLA entitlement application with the City of Santa Barbara, and Yardi agrees to reasonably cooperate with applications and requests associated with the LLA, including the execution of applications and other documents required for the LLA. Upon approval of the LLA and the effectuation of the Transfer, (a) the Separate Parking Agreement shall terminate and be of no further force or effect, (b) DSP shall have full responsibility for the operation and maintenance of the Basement, (c) Yardi shall have no further obligation to insure the Basement or to maintain the Basement, other than respect to ongoing -19-
51295692.14
requirements with respect to Common Building Components affecting the Basement that remain on the Yardi Tract, and (d) execute a commercially reasonable amendment to this Agreement to effectuate the Transfer if necessary, subject to the Limitations.
ARTICLE 13
FORCE MAJEURE
Each Party shall be excused from performing any obligation or undertaking provided in this Agreement, except any obligation to pay any sums of money under the applicable provisions hereof in the event and so long as the performance of any such obligation is prevented or delayed, retarded or hindered by act of God, fire, earthquake, floods, explosion, actions of the elements, war, invasion, insurrection, riot, mob violence, sabotage, inability to procure labor, equipment, facilities, materials or supplies in the open market, failure of transportation, strikes, lockouts, action of labor unions, condemnation, requisition, laws, orders of governmental or civil or military or naval authorities, or any other cause, whether similar or dissimilar to the foregoing, not within the respective control of such Party. If performance of an obligation is prevented or delayed by any of the foregoing causes, the Party claiming the extension shall give prompt notice of such delay to each of the other Parties. An extension of time for any such cause shall only be for the period of the enforced delay, which period shall commence to run from the time of commencement of the cause.
ARTICLE 14
MISCELLANEOUS
14.1 ATTORNEYS’ FEES. If any Party shall institute any mediation or judicial action or proceeding relating to violations, threatened violations or failure of performance of or under this Agreement, or any default hereunder, or to enforce the provisions hereof, then the prevailing Party shall be entitled to recover its reasonable attorneys’ fees from the defaulting Party. Reasonable attorneys’ fees shall be as fixed by the court. The “prevailing Party” shall be the Party which by law is entitled to recover its cost of suit, whether or not the action proceeds to final judgment. If the Party which instituted a suit shall dismiss it as against another Party or Parties without the concurrence of such other Party or Parties, the other Party or Parties shall be deemed the prevailing Party.
14.2 BREACH SHALL NOT DEFEAT MORTGAGE. A breach of any of the terms, conditions, covenants, or restrictions of this Agreement shall not defeat or render invalid the lien of any Mortgage made in good faith and for value upon a Party’s Tract, but such terms, conditions, covenants or restrictions shall be binding upon and effective against any Person who acquires title to said Tract or any portion thereof by foreclosure, trustee’s sale or otherwise.
14.3 BREACH SHALL NOT PERMIT TERMINATION. It is expressly agreed that no breach of this Agreement shall entitle any Party to cancel, rescind or otherwise terminate this Agreement, but such limitation shall not affect, in any manner, any other right or remedies which the Parties may have hereunder by reason of any breach of this Agreement.
14.4 CAPTIONS. The captions of the Sections and Articles of this Agreement are for convenience only and shall not be considered nor referred to in resolving questions of interpretation and construction.
14.5 CONSENT. In any instance in which any Party to this Agreement shall be requested to consent to or approve of any matter with respect to which the Party’s consent or approval is required by any of the provisions of this Agreement, such consent or approval shall be given in writing, and shall not be unreasonably withheld, unless the provisions of this Agreement with respect to a particular consent or approval shall expressly provide that the same may be given or refused in the sole and absolute judgment of such Party.
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51295692.14
14.6 ESTOPPEL CERTIFICATE. Each Party and signatory hereto hereby severally covenants that upon written request of any other Party, it will issue to such other Party, or to any Mortgagee, or any other Person specified by such requesting Party, an estoppel certificate stating to the best of its knowledge (a) whether the Party or signatory to whom the request has been directed knows of any default under this Agreement, and if there are known defaults, specifying the nature thereof; (b) whether this Agreement has been assigned, modified or amended in any way (and if it has, then stating the nature thereof); and (c) that this Agreement as of that date is in full force and effect. Any inaccuracy contained in any such estoppel certificate shall not constitute grounds for establishing liability against the Party executing and delivering such estoppel certificate, but such Party shall be estopped from claiming, as against the Person to whom it delivered the estoppel certificate, a set of facts contrary to those which it stated in the estoppel certificate.
14.7 GOVERNING LAW. This Agreement shall be construed in accordance with the laws of the State of California.
14.8 NO PARTNERSHIP. Neither anything in this Agreement contained nor any acts of the Parties hereto shall be deemed or construed by the Parties, or any of them, or by any third person, to create the relationship of principal and agent, or of partnership, or of joint venture, or of any association between any of the Parties.
14.9 NOT A PUBLIC DEDICATION. Nothing herein contained shall be deemed to be a gift or dedication of any portion of Yardi Tract to the general public or for the general public or for any public purpose whatsoever, it being the intention of the Parties hereto that this Agreement shall be strictly limited to and for the purposes herein expressed.
14.10 SEVERABILITY. If any term, provision or condition contained in this Agreement shall, to any extent, be invalid or unenforceable, the remainder of this Agreement (or the application of such term, provision or condition to persons or circumstances other than those in respect of which it is invalid or unenforceable), except those terms, provisions or conditions which are made subject to or conditioned upon such invalid or unenforceable terms, provisions or conditions, shall not be affected thereby, and each term, provision and condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
14.11 SUCCESSORS. This Agreement shall, except as otherwise provided herein, run with the land, both as respects the benefits and burdens created herein, and shall be binding upon and inure to the benefit of the successors and assigns of the respective Parties.
14.12 TIME OF ESSENCE. Time is of the essence with respect to the performance of each of the covenants and agreements contained in this Agreement.
14.13 WAIVER OF DEFAULT. No waiver of any default by any Party shall be implied from any omission by any other Party to take any action in respect of such default if such default continues or is repeated. No express waiver of any default shall affect any default or cover any period of time other than the default and period of time specified in such express waiver. One or more waivers of any default in the performance of any term, provision or covenant contained in this Agreement shall not be deemed to be a waiver of any subsequent default in the performance of the same term, provision or covenant or any other term, provision or covenant contained in this Agreement. The consent or approval by any Party to or of any act or request by any other Party requiring consent or approval shall not be deemed to waive or render unnecessary the consent to or approval of any subsequent similar acts or requests. The rights and remedies given to any Party by this Agreement shall be deemed to be cumulative and no one of such rights and remedies shall be exclusive of any of the others, or of any other right or remedy at law or in equity which any such Party might otherwise have by virtue of a default under this Agreement, and the exercise of one -21-
51295692.14
such right or remedy by any such Party shall not impair such Party’s standing to exercise any other right or remedy.
14.14 COUNTERPARTS. This Agreement may be signed in several counterparts, each of which shall be deemed an original, and all such counterparts shall constitute one and the same instrument. The signature of a Party to any counterpart may be removed and attached to any other counterpart. Any counterpart to which is attached the signatures of all Parties shall constitute an original of this Agreement.
14.15 EXHIBITS. The Exhibits attached to this Agreement shall be deemed to be incorporated herein by the individual reference to each such Exhibit and all such Exhibits shall be deemed to be a part of this Agreement as though set forth in full in the body hereof. In the event of any conflict between the terms and conditions of this Agreement and any such Exhibit, the terms and conditions of this Agreement shall control.
[SIGNATURES APPEAR ON THE FOLLOWING PAGES]
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51295692.14
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year first above written.
YARDI:
PNSB REAL ESTATE, LLC,
a California limited liability company
By:______________________________
Name: Arnold Brier
Title: Manager
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
COUNTY OF )
)ss.
STATE OF )
On the ______ day of ____________, in the year 2026, before me, the undersigned, a notary public in and for said state, personally appeared Arnold Brier personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument.
Notary Public
My commission expires:
-23-
51295692.14
DSP:
DSP SANTA BARBARA SUB LLC,
a Delaware limited liability company
By:
Name:
Title:
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
COUNTY OF )
)ss.
STATE OF )
On the ______ day of ____________, in the year 2026, before me, the undersigned, a notary public in and for said state, personally appeared ____________, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument.
Notary Public
My commission expires:
Exhibit A
EXHIBIT A
Legal Description of the Yardi Tract
Lot 1 Parcel
Parcels 4, 5, 6, 13 and 14 of Parcel Map No. 20,504 in the City of Santa Barbara, County of Santa Barbara, State of California, as per map recorded in Book 42, Pages 86 through 98, inclusive of Parcel Maps, in the office of the County Recorder of said County, as amended by Certificate of Correction recorded April 2, 1991 as Instrument No. 91-018958 of Official Records.
EXCEPTING from a portion of said land all oil, gas and mineral substances, provided that the surface opening of any well, hole, shaft or other means of exploring for, reaching or extracting such substances shall not be located within the Central City Redevelopment Project and shall not penetrate any part or portion of said project area within 500 feet of the surface thereof, as reserved in various documents of record.
Inline Retail Parcel
Parcels 2 and 12 of Parcel Map No. 20,504 in the City of Santa Barbara, County of Santa Barbara, State of California, as per map recorded in Book 42, Pages 86 through 98, inclusive of Parcel Maps, in the office of the County Recorder of said County, as amended by Certificate of Correction recorded April 2, 1991 as Instrument No. 91-018958 of Official Records.
EXCEPTING from a portion of said land all oil, gas and mineral substances, provided that the surface opening of any well, hole, shaft or other means of exploring for, reaching or extracting such substances shall not be located within the Central City Redevelopment Project and shall not penetrate any part or portion of said project area within 500 feet of the surface thereof, as reserved in various documents of record.
Former Macy’s Parcel
Parcels 3, 9, 10 and 11 of Parcel Map No. 20,504 in the City of Santa Barbara, County of Santa Barbara, State of California, as per map recorded in Book 42, Pages 86 through 98, inclusive of Parcel Maps, in the office of the County Recorder of said County, as amended by Certificate of Correction recorded April 2, 1991 as Instrument No. 91-018958 of Official Records.
EXCEPTING from a portion of said land all oil, gas and mineral substances, provided that the surface opening of any well, hole, shaft or other means of exploring for, reaching or extracting such substances shall not be located within the Central City Redevelopment Project and shall not penetrate any part or portion of said project area within 500 feet of the surface thereof, as reserved in various documents of record.
Exhibit B
EXHIBIT B
Legal Description of the DSP Tract
PARCELS 1, 7 AND 8 OF PARCEL MAP NO. 20,504 IN THE CITY OF SANTA BARBARA, COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 42, PAGES 86 THROUGH 98, INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPTING FROM A PORTION OF SAID LAND ALL OIL, GAS AND MINERAL SUBSTANCES,
TOGETHER WITH THE RIGHT TO EXPLORE FOR AND EXTRACT SUCH SUBSTANCES,
PROVIDED THAT THE SURFACE OPENING OF ANY WELL, HOLE, SHAFT OR OTHER MEANS
OF EXPLORING FOR, REACHING OR EXTRACTING SUCH SUBSTANCES SHALL NOT BE
LOCATED WITHIN THE CENTRAL CITY REDEVELOPMENT PROJECT AND SHALL NOT PENETRATE ANY PART OR PORTION OF SAID PROJECT AREA WITHIN 500 FEET OF THE SURFACE THEREOF, AS RESERVED IN VARIOUS DOCUMENTS OF RECORD.
Exhibit C
EXHIBIT “C”1
The Site Plan
The Driveway Ramp is depicted below as “parking garage access” near the southeastern corner of the property.
The Access Easement Area is depicted below as the brick pavement area from West Canon Perdido Street, across the Brick Patio Area, around the brick area adjacent to the escalators into the property entrance across from the escalators (but specifically excluding the escalators).
The Refuse Access Area is depicted below as the blue line with arrows, which is a ramp from the street level on Chapala into the Basement, connecting to the Refuse Area. 1 To be updated prior to recording.
Exhibit C
The Refuse Area is the blue box.
The Exclusive Spaces are shown adjacent to the fitness area below.
The spaces labeled Fitness and Storage are part of the DSP Tract and not a part of the Basement. 336235967 v17
36 Exhibit G – Parking Agreements Termination
(Attached)
1 51585729.2
Recording Requested by
and when Recorded Mail to:
City Administrator
City of Santa Barbara
Post Office Box 1990
Santa Barbara, California 93102-1990
APNs 037-400-01, -02, -03, -04, -05, -06, -019,
039-321-047, -048,- 051, -054, -055, -056, 037-132-036, and 037-132-038
NO FEE PER GOV’T CODE 6103
TERMINATION AGREEMENT
PASEO NUEVO PARKING COVENANTS, CONDITIONS, AND RESTRICTIONS CITY LOTS #1, #2, AND #10
For valuable consideration, receipt of which is hereby acknowledged, the City of Santa Barbara, California (“City”), a municipal corporation, Paseo Propco LLC (“Propco”), a Delaware limited liability company, and DSP Santa Barbara Sub, LLC (“DSP”), a Delaware limited liability company agree as follows:
1. This Termination Agreement affects the following documents (collectively “Paseo Nuevo Parking Agreements”):
A. The Paseo Nuevo Lot 1 Public Parking Covenants, Conditions and Restrictions Agreement by and among the City (as successor-in-interest to the Redevelopment Agency of the City of Santa Barbara), Propco (as successor-in-interest to Santa Barbara Associates and Carter Hawley Hale Stores, Inc.) and DSP (as successor-in-interest to Nordstrom, Inc.), dated as of February 24, 1989 and recorded as Instrument No. 89-012338 in the Official Records of the County of Santa Barbara.
B. The Paseo Nuevo Lot 2 Public Parking Covenants, Conditions and Restrictions Agreement by and among the City (as successor-in-interest to the Redevelopment Agency of the City of Santa Barbara), Propco (as successor-in-interest to Santa Barbara Associates and Carter Hawley Hale Stores, Inc.) and DSP (as successor-in-interest to Nordstrom, Inc.), dated as of February 24, 1989 and recorded as Instrument No. 89-012339 in the Official Records of the County of Santa Barbara.
C. The Paseo Nuevo Lot 10 Public Parking Covenants, Conditions and Restrictions Agreement by and among the City (as successor-in-interest to the Redevelopment Agency of the City of Santa Barbara), Propco (as successor-in-interest to Santa Barbara Associates and Carter Hawley Hale Stores, Inc.) and DSP (as successor-in-interest to Nordstrom, Inc.), dated as of February 24, 1989 and recorded as Instrument No. 89-012340 in the Official Records of the County of Santa Barbara.
D. The Amendment to Parking Covenants and Parking Agreement by and among the City (as successor-in-interest to the Redevelopment Agency of the City of Santa Barbara), 2 51585729.2
Propco (as successor-in-interest to Santa Barbara Associates and Carter Hawley Hale Stores, Inc.) and DSP (as successor-in-interest to Nordstrom, Inc. a Washington corporation), dated as of February 24, 1989 and recorded as Instrument No. 89-012341in the Official Records of the County of Santa Barbara.
E. Paseo Nuevo Parking Agreement, among the City (itself and as successor-ininterest to the Redevelopment Agency of the City of Santa Barbara), Propco (as successor-ininterest to Santa Barbara Associates and Carter Hawley Hale Stores, Inc.), and DSP (as successor-in-interest to Nordstrom, Inc. a Washington corporation), dated November 1, 1987, as amended by Amendment to Parking Covenants and Parking Agreement, dated February 24, 1989.
2. The undersigned, on behalf of their respective successors and assigns, hereby agree that the Paseo Nuevo Parking Agreements are terminated and have no further force or effect.
3. This agreement constitutes the entire agreement among the City, Propco, and DSP with respect to the subject matter hereof and supersedes all prior agreements and negotiations, oral and written.
4. City, Propco, and DSP, respectively for themselves, warrant as follows:
A. It is validly existing and in good standing under the laws of the state in which it was organized, with full power and authority to conduct its business as presently conducted and to execute, deliver and perform its obligations under this agreement and is authorized to do business in the State of California.
B. It has taken all necessary action to authorize its execution and delivery of this agreement and that this agreement constitutes a legal, valid and binding obligation enforceable against it.
C. The person executing this agreement on its behalf has been fully and lawfully authorized to do so.
5. This agreement will be effective as of the date it has been signed by all of the parties and recorded in the Official Records of the County of Santa Barbara.
6. This agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. [SIGNATURE PAGES FOLLOW]
1 51585729.2
IN WITNESS WHEREOF, the City has executed this Termination Agreement as of the date hereof.
CITY:
By: __________________________________
Kelly R. McAdoo
City Administrator
Date: ________________________________
APPROVED AS TO FORM:
John S. Doimas, City Attorney
By:___________________________________
Daniel S Hentschke
Assistant City Attorney
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
)
COUNTY OF ____________________________________)
On _________________________, before me, _________________________________________________, personally appeared __________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct.
Witness my hand and official seal.
Signature ________________________________________
[Seal]
51585729.2
IN WITNESS WHEREOF, PropCo has executed this Termination Agreement as of the date hereof.
PROPCO:
Paseo Propco LLC,
a Delaware limited liability company
By: _________________________
Name: _________________________
Its: _________________________
Date: ___________________________
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
)
COUNTY OF ____________________________________)
On _________________________, before me, _________________________________________________, personally appeared __________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct.
Witness my hand and official seal.
Signature ________________________________________
[Seal]
51585729.2
IN WITNESS WHEREOF, DSP has executed this Termination Agreement as of the date hereof.
DSP:
DSP Santa Barbara Sub, LLC,
a Delaware limited liability company
By: _________________________
Name: _________________________
Its: _________________________
Date: __________________________
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
)
COUNTY OF ____________________________________)
On _________________________, before me, _________________________________________________, personally appeared __________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct.
Witness my hand and official seal.
Signature ________________________________________
[Seal]
37 Exhibit H – Yardi Parking Agreement
(Attached)
1 Recording Requested by
and when Recorded Mail to:
City Administrator
City of Santa Barbara
Post Office Box 1990
Santa Barbara, California 93102-1990
APN 039-321-047 - City Parking Lot #2
APN 037-132-036 - City Parking Lot #10
APNs: 037-400-002; 037-400-003; 037-400-004;
037-400-005; 037-400-006; and
037-400-0019 - Development Property
NO FEE PER GOV’T CODE 6103
PARKING AGREEMENT
This Parking Agreement (“Agreement”) is entered into as of ___________________, 2026, between the City of Santa Barbara, a municipal corporation (“City”) and PNSB Real Estate, LLC, a California limited liability company (“Yardi”).
1. This Agreement applies to Yardi’s use of parking spaces within the municipal parking structures commonly referred to as City Lot #2, which is described in Exhibit A and City Lot #10, which is described in Exhibit B.
2. The City and Yardi are parties to an agreement dated __________, 2026titled Paseo Nuevo Redevelopment Project Disposition and Development Agreement (“DDA”). Pursuant to the DDA, the City has transferred real property commonly referred to as the Paseo Nuevo, City Lot #1, and former Macy’s site located in Santa Barbara, California, (“Development Property”) to Yardi. The Development Property is described in Exhibit C. In consideration for the City’s transfer of the Development Property, Yardi has agreed, among other things, to maintain, and operate on the Development Property office and commercial uses as provided in the DDA (the “Project”).
Pursuant to the DDA, City and Yardi have agreed to terminate the Paseo Nuevo Lot 1 Parking Covenants, Conditions, and Restrictions Agreement, the Paseo Nuevo Lot 2 Public Parking Covenants, Conditions, and Restrictions Agreement, and Paseo Nuevo Lot 10 Public Parking Covenants, Conditions, and Restrictions Agreement, recorded respectively as documents 89- 012338, 89-012339, and 89-012340 in the official records of the Santa Barbara County ClerkRecorder. Further, under the DDA, City has agreed to provide up to 250 parking permits for use within City Lot #2 and City Lot #10 combined, to accommodate Yardi’s parking needs.
3. City will make available to Yardi up to 250 parking permits according to the City’s parking permit program, or a similar program for the issuance of parking permits for use in City Lot #2 and City Lot #10 as follows:
A. Up to 50 24/7 parking permits in City Lot #2;
B. Up to 50 standard commuter parking permits in City Lot #2; and C. Up to 150 standard commuter parking permits in City Lot #10.
Yardiwill provide the City Administratorwith a list of the name, address, and vehicle license plate number for each person to whom Yardi will allocate a permit. Permits will be issued according to 2 license plate number. Permit recipients will be required to execute a City standard permit agreement prior to permit issuance. Permits will be valid until cancelled by Yardi or revoked by the City for violation of applicable rules and regulations. Permits will also be cancelled upon notification by Yardi to the City that the permit holder is no longer authorized by Yardi to receive a permit. Cancellation or revocation of a permit will not reduce the number of permits made available to Yardi under this Agreement. Permits may be transferred upon notification to the City and execution by the new permit holder of a City standard permit agreement.
4. Holders of 24/7 parking permits issued under this Agreement 2 will be allowed access to City Lot #2 twenty-four hours per day, seven days per week according to rules and regulations established by the City for permits issued under the City’s 24/7 parking permit program.
5. Users of parking permits must abide by the requirements of Santa Barbara Municipal Code §§ 10.44.152 and 10.44.153, or a successor City law or regulation governing parking within City owned parking structures, so long as the regulations do not conflict with the terms of this Agreement.
6. Yardi agrees to pay the City a monthly fee for each active parking permit issued under this Agreement: (1) in the full amount according to the City fee schedule for standard commuter parking permits with respect to the up to 50 24/7 active parking permits, notwithstanding that the permits are for 24/7 parking; and (2) in an amount equal to 75% of the fee according to the City fee schedule for the 200 standard commuter permits. The City fee schedule for parking permits is subject to change from time-to-time by City Council resolution.
7. This Agreement will have a perpetual duration subject to termination by the City for any of the following reasons:
A. Yardi ceases to use the Development Property for the Project.
B. Yardi discontinues allowance of all public parking within the area of the Development Property formerly known as Lot #1.
C. The City determines, at its discretion, to terminate the use of City Lot #2 and City Lot #10 for parking purposes. If City determines to terminate the use of either City Lot #2 or City Lot #10 for parking purposes then, at Yardi’s election, either (i) the City will provide replacement permits in the City parking lot that is closest to the Development Property; or (ii) this Agreement will terminate only with respect to the permits eliminated within the terminated lot.
8. Yardi will immediately defend and indemnify and hold harmless, the City, and its officers, employees, contractors, and agents from and against any and all third-party injuries, losses, liens, claims, judgments, liabilities, costs, expenses or damages (including reasonable attorney's fees and court costs) that arise from (a) Yardi’s gross negligence or willful misconduct, or (b) breach of this Agreement.
9. Each individual signing this Agreement on behalf of City and Yardi represents and warrants that it is authorized to execute this Agreement and that City and Yardi are authorized to perform their respective obligations hereunder.
10. This Agreement is made and entered into for the sole benefit of Yardi. There are no intended or unintended third-party beneficiaries to this Agreement, and other person other than Yardi shall have any right of action based upon any provision of this Agreement.
11. Yardimay assign this Agreement to a purchaser of the Development Property upon written 3 notification to the City. Any purchaser of the Development Property, by the acceptance of a deed therefore, whether from Yardi or from any subsequent owner of the Development Property, shall be deemed to have accepted and agreed to be bound by the terms of this Agreement.
12. All notices required herein shall be sent by certified mail, return receipt requested, deemed received three days after deposit in the mail, or in such other manner as agreed in writing by the City Administrator to the parties at the addresses listed below or such other addresses as the parties hereafter designate in writing:
To Yardi: PNSB Real Estate, LLC
Attn: Arnold Brier
430 S. Fairview Ave.
Goleta, CA 93117
With a copy to: Yardi System, LLC
Attn: Arnold Brier
430 S. Fairview Ave.
Goleta, CA 93117
To City: The City of Santa Barbara
Post Office Box 1990
Santa Barbara, CA 93102
Attn: City Administrator
With a copy to: City Attorney
Post Office Box 1990
Santa Barbara, CA 93102
The City and Yardi may each change the identity or address of a person to receive notice by giving notice to the other party in the manner provided by this paragraph.
13. This Agreement shall be interpreted in accordance with and governed by the laws of the State of California. The language in all parts of this Agreementshall be, in all cases, construed according to its fair meaning and not strictly for or against City or Yardi.
14. This agreement is a covenant that runs with the land to the benefit of Yardi’s successors and assigns
15. This Agreement constitutes the entire agreement between City and Yardi with respect to the subject matter hereof and supersedes all prior agreements and negotiations, oral and written.
This Agreement may not be amended or modified in any respect whatsoever except by an instrument in writing approved by the City Council.
16. As used in this Agreement, City Administrator includes any person employed by the City to manage the operation of City parking lots or any City employee designated by the City Administrator to administer this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above written.
4 CITY
By:
Kelly R. McAdoo
City Administrator
YARDI
PNSB Real Estate, LLC,
A California limited liability company
By:
Name:
Title
APPROVED AS TO FORM:
John S. Doimas, City Attorney
By:
Daniel S. Hentschke
Assistant City Attorney
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
)
COUNTY OF ____________________________________)
On _________________________, before me, _________________________________________________, personally appeared __________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct.
Witness my hand and official seal.
Signature ________________________________________
[Seal]
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
)
COUNTY OF ____________________________________)
On _________________________, before me, _________________________________________________, personally appeared __________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct.
Witness my hand and official seal.
Signature ________________________________________
[Seal]
EXHIBIT A
Lot #2 Legal Description
(Attached)
EXHIBIT . A
LEGAL DESCRIPTION
Those portions ot City Block 1,a In the said City of Senta B1rbar1, according ·to the Offlcl21I Map thereof described as Parking District Ho. 1, Lot No, 2, eloek ,,e as par City Engfneer•s Plan No. C-1•2973 on flle In the otflce of the City Engineer of said City o1 Santa Barbara and IIOl"'e partfcularly described es fol lowsa
That portion of Bloek 1,a Jn the City of Senta Barbara, County of Santa Barbara, State of Cal lfornla, according to the Offlclal Map thereof, described 21s fol I ows s
PARCEL ONE:
Beginning at a point on the Nor-thwesterly lfne of Canon Pardldo Street, distant thereon 164 teeT Northeasts, ,y trom the most Southerly corner of said blockJ thence Northwesterly at rfght angles to said street lfne 1,4.83 featJ thence North 41 °
30' East 61 feetsthence North 49•30• WesT 3 feet, thence North 41•30• East 24.47 feeta thence South 48•30' East 21.83 feet, thence South ,1•09•30• West 2.88 feat; thence South 11•,or East 49.08 fHtJ thence South 41•30• West 16 feet to the Northeasterly wall of a bulldlng known as Callforn la Theatre, thence South 49•30, East 86.7 feet to the Northwe1t1rty lln• of Canon Ptrdldo Street; thence along said strNt line Southwe■terly �6.6 feet to the point of "'c,g Inn Ing,
I
P�CEL 'T"w'O:
That portion of Block 158 In the City of Santa Barbara, County of Santa Barbara, State of Cal lfornla, according to the Offlclal Map thereof, described ss fol lows:
Be�Jlnnlng at a point In the Northeasterly I lne of Chapala Street as the same exfsted·60 feet wide, prior 1'o January 1, 192,, distant thereon Southeasterly 136, feet 3-1/2 Inches from the mo1t Westerly corner of said block, said point ot bag Inn I ng be Ing the most Souther I y corner of the tr act of I and dHcr I bed In Deed to Hannah A. Holltster, executrix, dated Nov•b•r 13, 1903 and recorded In Sook 9:S�at Page 213 of Deeds, records of said County, being also the lnter,sectlon of said Northeaaterly tine of Chapala Street with th• SouTheestarty I In• of a 20 foot private alleyway extending Into said Block 158s the1"N:e Southaastarty along said Northeasterly I In• of Chapala Street 73. 71 fffts·thence et right angles Northeasterly 1e, fNtJ thence Northerly 55.80 fee?, more or less, to a-point distant 170 taet Southeasterly from the Souteesterly I Ina of C8rrfllo Street, measured at right angl•• thereto and dlsi•ant 225 feet Northeasterly from said Noc-theasterly ltne of Carrillo Street, herednbafora referred to, measured at rfght angles thereto, thenee
EXHIBIT A
Lot 2
Northwesterly, parallel with said llne of Chapala Street 33.7t feet to said Southeasterly I lne of the 20 toot private alleyway herelnbefore r1f1rred tos thence �t right angles Southwesterly along said laat mentioned llne 22, feet to the point of beginning,
PARCEL THREE 1
That portion ot Block 158, In the City of Santa Barbara, County of Santa Baroara, State ot Cal lfornfa, ac:cordlng• to the Offlclal Map thereof, described ers tol I ows 1
Beginning at the Intersection of the Northwesterly line of Canon Perdldo Street with the Southwesterly I In• of the alleyway extending Into said Bicek J58 frcm Canon Perdldo Street and described In Deed to Edward A. Johnson, recorded January 27, 1921 In Book 187 at Page 274 of Deeds records of said County, said point of lntarsectron being distant Southwesterly along said Northwesterly I In• of Canon Perd!do Street 133.86 feet trcm the East corner of said Block 1,e, thence Northwesterly, at right angles to said llne of Canon Perdldo Street and along the Southwesterly (In• of said alleywa y and Its Northwesterly prolongation, 1,7.8 feet to Intersect the Northwesterly llne of the Tract described as Parcel Three In Deed to Sothln Helping Fund, a ccrporatlon, recorded June 9, 1920 In Book 186 at Page 1, of Deeds, records of said County1 thence Southwesterly along said last mentioned tine 6, feet, more er- less, to the most Northerly corner of the tract of land described In Deed to Edward A, Jonnson, above referred to, thence along the Northeasterly boundary llne of said last "•ntloned tract of land, the following courses and dlstanca11 South 48•301 East 21.83 feet, South 37•09•30" Weit 2,88 feet, South ,a•,o• East 49,08 fNtJ South 41•30" West 16 feet, and South ◄8•30' Easta 86.7 fHt to the Northwesterly I Ina of Canon Pardldo StrfftJ thence Northeasterly along said street llna a,.34 feet to th• point of beginning .
. PARCEL FOURa
· That portion of Block 1,a rn the City of Santa Barbara, County of Santa Barbara, State of California, according to the Offlcfal Map thereof, described as fol I owsa
Beginning at tha point of Intersection of the Northeasterly tin• of Chapala Street, as the said street now exists, 80 tnt wide, •Ith the Northwesterly tine of the tract of land described fn Deed to G. a. Parma, recorded June 16, 1887 In Oook 14 at Page 389 of Oaeds, records of said CountyJ thence Nor'the11tarly along said Northwesterly I lne of said Parma tract of land, 1,, feet to the most Northerly corner of said tract and the true point ct btglnnlng of the tract of land herein described,· thence Northeasterly along the Northeasterly prolongation ,t the Northwesterly I rne of said Parma tract of land 60 feet, thence et right Rev.
Exhibit A - Lot 2
angles Southeasterly 3 feet, more or less, to the Northwesterly llne of the tract of land described In Deed tow. H. Alken, recorded Maren 31, 1902 In BOOK 81 at eage 346 of Deeds, records of said County, thence et right angles Southwesterly 60 feet to the Northea1terly line of the tract of land described In Dead to G. a. Parma, above referred to, thenc. Northwesterly along said la1t mentioned I In• to the point of beginning.
EXCEPT that portion tying Northeasterly of "line of fence• along the Southeesterfy llne of the "land of Stage Company• as recited In Deed fr011 Mortimer Cook to Archlbatd Rice, et al., recorded February 27, 1873 In Book "K" at Page 189 of Deeds, records of said County.
PARCEL FIVE,
That portion of Block 158 In the City of Santa Barbara, County of Santa Barbara, State of California, according to the Official Map thereof, described as tol lowsa
Beginning at a point on the Northeasterly llne of Ch1p1la Street 11 the same existed, 60 feet wide, prior to January 1, 192,, distant thereon Northwe11'erly 108.83 feet from the Soutn corner of said Block 1,8, thence Nor1'hwe1terly along said Northeasterly I fne of Chapala Street ,o fNt to th• Northwesterly llne of the tract ot land described In Deed to G, a. Parma, recorded June 16, 1887 In Sook 14, Page 389 of Deeds, records of said County, thence aT right angles Northeasterly along said rest mentioned I lne 16, feet, thence at right angles Southeasterly ,o feet 'to a point distant Northweeterly 108.83 ffft from the Northwesterly I Ina of Canon Ptrdldo Street, ••sured at right angtea tharetoJ thence Southwesterly 16, fHt to the point of beginning.
PARCEL SIX1
That portion of Block 1,e In the City of Santa Barbara, County of Santa Barbara, State of California, according to the Offlcl1I Nap thereof, described as . fol lowsi
8egfnnrng at a point In the Northeasterly llne of Chapel• Street, es tha same e�lsted 60 feet wide, prior to January 1, 192,, distant thereon 210 feat Southeasterly from the most Westerly corner of said Block 1,a, thence Southeasterly along said Northeasterly I In• of Chapele Streat 10 feat, thence at right angles Northea1tarry Into said Block 22, feet, thence at right angles Northwesterly 50 feet to the most Northerly corner of the tract of land described In Deed to Th• Tucker Shops, Inc., a corporation, recorded In Book 94, Pege 263 ot Official Records, records of said CountyJ thence Southerly along the t ssterly I fne of the lend so described In said fasts mentioned Deed 56.80 feat _, the most Easterly corner of tha first parcel ot land described In Oeed to The Exhibit A Lot 2
'
Tucker Shops, Inc., a corporation recorded In Book 9,, Page 302 of Official Records, records of said County, thence Southweaterly along the Southeasterly I t ne of_ se Id I ast ment r oned tract of I and 1 e, foet to the po Int of beg Inn Ing.
Said land Is shown together with other lands on a map of survey tiled In Book 28, Page 188 of Record of.Surveys, In the otfrce of the County Recorder of said County.
PARCEL SEVEN1
That portlo" of Bloc:k 158 In the City of Santa Barbara, County of Santa Barbara, State of Cal lfornla, according to the Official Map thereof, described as follows1
Beginning at a point In the Northeasterly tine of Chapala StrNt, as the same now exists, 80 feat wide, distant therGon Nor'thwesterly 19e.,a fHt from the Northwest I I na of Canon Perd I do Streat J thane• Northwester I y along sa Id Northeasterly I Ina of Chapala Street J4 teatJ thence et right angl•• Northeasterly 21, faetJ thence at right angles Southeasterly J4 teatJ thence at right angles Southwesterly 21, feet to the point of beginning.
PARCEL E I GHT 1
That portion of Block 158 In the CJty of Santa Barbara, County of Santa Barbare, State ot California, accordfng to the Offfclal Map thereof, described as fol lows,
Beginning at a point on the Northeasterly lfna of Chapala StrHt, es the same now exists, 80 feet wide, distant thereon Northwesterly 1,8.66 feat from the Northwesterly I fne of Canon Perdldo StrNt, sefd point of beginning being• point In the Northwesterly llna of the trect of lond described In Oeed to G. e.
Parma, recorded June 16, 1887, fn Book 14 at Page 389 of Deeds, records of said CountyJ thence NorThwasterfy along said Northeasterly llne of Chapel• Streat . 37.92 feat to the 110st Westerly ccrnar of th• tract ot land firstly described In Ottd to Martfn Oeflfuzl, recorded Aprfl 16, 1936 as lnstr11111nt No. 2804 In Book 33, at Paga 36 of Offfclaf Records, records of said County, thence at right engle1 Northeasterly Z15 feetJ thence et right ongte1 Southae111trly 37.92 fNtJ thence at right angles Southwesterly to end along said Horthwe,terly !Ina of said Parma tract of land herelnbetore referred to, 215 feat to the point of beg I nnl ng.
PARCEL NINE:
That portion of Block 158 In the City of Santa Barbara, County of Santa Barbare, - State of Cal I torn la, described as fol lows,
Exhibit A - I.,(,) C. 2
Beginning at a point on th• Southwesterly llne of State StrHt, distant thereon South 48 °30' East, 166.83 feet, fr011 the most Northerly cor-ner of safd blocka thence, South 41•30• West at right angles to said street llne and parallel with Carri I lo Street 163.49 teat to the true point of baglnnlng1 thence continuing along said last I Ina South 41•30• W••t 61.,1 fNt To a polnta thence North Exhibit A - Lot 2
49•30• West et right angles to Carrlllo StrHt and parallel with State Streat
30.62 feet to a point, thence North 41•30, East, parallel with Carrlllo Street
61.,2 feet to a polntJ thence South ,a•,�• Eaat parallel with Stat• Streat 30.62 feet to the point of beginning.
PARCEL TEN1
That portion of Block 1,e In the said City of Santa Barbara, County of Santa Barbara, State of Callfornla, according to the otflclal map thereof described aa fol l0ws1
Beginning at a point on the Southwesterly line of State StrHt, distant thereon South 4a•,t'06" East, 168.83 fNt, from the moat Nor-therly corner of said blockJ thence South ,1•2e•14• West 163,49 feet to th• true point of beginning, thenee South 41•28 114" West, 61.,t faet, thence South 49•31•06• East, 19.38 feet, thane• North 41•2e•14• East, 61.51 feet, thence North 4&•31 106• West, 19,38 feet to the true point of beginning.
PARCEL TEN ( A ) 1
An easement for Ingress and egress, vehicular and pedestrian traffic over that portion of said land as described In the deed to John Turnbull, lndlvld·uaHy, and John Phil llp Turnbull and Mary Joan Schacht, as Trust••• under WIii of Glorla A. Turnbull, deceased, racordad April 29, 196, as Instrument No. 15143 In Book 2102, Page 1488 of Offlclal Raccrds.
PARCEL TEN CB) 1
A right of way connecting with said prt111lses from Chapala Street In said City over land situated In.Block No. 1,a aforesaid, as described In a dead to Fanny v. Oe G, Stevenson recorded February 6, 1911 In Book t)t, Page 28 of Deeds, bounded and descr I bad as fol I ows 1
Beginning on the Northeast llne of said Chapala Streat at th• South corner of a lot conveyed to Hannah A. Garland by E. s. COrodero and Manuela 0, Cordero, his wife, by daad dated July 2,, 1901, and recorded In the office of the Recorder of the aforesaid County In Book 74, Paga 170 of Deeds and running thence first, Nor-theas1erly along the Southeasterly I lne of said lot so conveyed to Hannah A.
Garland, 190 feetJ thence second, Northerly 49 feet 6 Inches, more or lass, to a point on the Northeasterly side of said lot so conveyed to Hannah A. Garland, distant 3, feat Northwesterly fr011 the East c:ornr of said lo�, thence third, along t�• Northeasterly side of said lot In a Northwesterly direction to ttie North corner of said lot, thence fourth, Southerly parallel to 11\e second course In the dasc:rlptfon of tnls right of way, ,6 fNt 6 JnchesJ thence fifth, parai let to the first course In the description of this right of way and distant 10 feet NorThwesterly therefrom Southwesterly t85 fNt to Chapell StrNtJ thence sixth. Southeasterly along Chapala Street 10 feat to the place of beginning, PARCEL ELEVEN1
Beginning at a point on the Southwesterly I Ina of State StrHt, distant thereon 268.4, feet Southeasterly from the most Norhterly corner of said block, said point being also the most E11terfy corner of the tract of J1nd now or formerly of A. Garland; thence Southeasterly along said street line 2,.oJ feet to the most Northerly corner of said block, said point being also the most Eastarly corner of the 1'ract of land now or formerly of A. Garland, thence Southeasterly along said street tine 2,.03 feet to the moat North.-ly corner of the tract of land described In the deea to Bothln Real Estate CClfflpany, dated February 20, 1914 and recorded In Book 142, Page 536 of Deeds, In the office of the County Recorder of said County, thence at right angf•• South•••terly, along the Northwesterly Jina of said Bothln Real Estate Company Tract 1,9.97 feet to th• true point of beginning, thence Nor-th 64•02'32" West, 17,03 fMt. thence South 4t•30'03" West t.60 feet, thence North 4a•30
1 oon Weit 8.63 feet to• point In
the Southeasterly I Ina of said above mentioned A. Garland Trac:T. said point being Southwesterly 166,12 feeT from the most Easterly corner of said A. Gerland Tract, thancm Southwesterly along the Southeasterly tine of said A. Garland Tract ,e.ee feetr thence at rfght angles Southeasterly 2,.03 feeT to the Northwesterly I Ina of said Botnln Real Estate COfflpany Tract, thence Nortne1ster1y along said fast mentioned I In• 6,.oJ to the true point of beginning.
PARCEL 1WELVE:
That portln of Block 158 In the Clty of Santa Barbara, County of Santa Barbara, 1 state of Cal ffornla, described as fol tows,
Beginning at a point on the Southwesterly I lne of State Street, distant thereon I :South 48•'1 '06" East, 186.21 feet from the most Northerly corner of said bloek1 ;�hence, South 41•28'14" Wast, 163.49 feet to the true point of beginning, ·l"henc,, South ,1•2e• 14" Wast 61.'1 feat. thence South 49•31 '0611 East, ,6.00 tfeet, thence North 41•28'14" East. 61.49 feet, thane• North 49•::so•00" West, ''G.O0 feet to the point of beginning.
- 1ARCEL 'TWELVE CA>a .. <Construction Easement for One Year) I I
Exhibit A - Lot 2
A temporary constructfon easement for one year CClfflfflenclng with construction on Januar� 1,, 1988, whichever Is later, to be used for construC'tlon purpose, In, on and over the followlng described proper-ty1
Beginning at the most Northerly corner of the previously described parcel, said point being distant thereon South 41•2a•t4" We■t, 163.49 ffft from the Southwesterly boundary of State Street, thence South ,a•Jo•oo• East, 56.00 feet, thence North 41•28'14'' East, 9.00 feet-more or less, to the well of the •><lstlng building, thence North 4a•3O•00" West, along the face of the building, 20.00 feet to the existing !anding, thence South 41•2e•14" West 9.00 feet more orless, to the end of the landing, thence Northwesterly, along th• face of the landing 36.00 feet more or lass, to the Nor�hwesterly boundary of the previously descr ibed Parcel Twelve, thence South 41.28'14" West 1'o the point of beginning, Said parcel containing 200 square feet, more or less.
EXCEPTING therefrom all oll, gas and mlneral substances, together with the rrght to explore tor and extract such substancBs, provided that the surface opening of any well, hole, shaft, or other means of explorlng tor, reaching or extracting such substances shall not be located within the Central Crty Redevelopment Project Area and shall not penetrate any pert' or portron of said project area within ,oo feet of the surface thereof.
PARCEL THIRTEEN,
That portion of Block 1,a fn the City of Santa Barbara, County of Santa Barbara, State ot Callforn11, as shown on the·oftfclal map thereof, described as tollow■a Beginning at a pofnt on the SouThwestarly line of State Street,- distant thereon South 48 °31'06" EAat, 242.21 fNt from th• most Northerly corner of said block, thence South 41•2a•t4" We■t, 169.,2 feet to the n-ue point of beginning, thence South 41•28'14" West, ,,.,a t .. T, thence South �8•3t1O6" East, 26.24 feet, thenct North 41'28114" East, ,,.49 feet, thence North 49•30•00• West, 26.24 feet to the true point of beginning. Said parcel ccntalns an area of 1613,:34 square feet.
1EXCEPTING therefrom 11. I ol I, gas and mlneral substances, together with the rf ght :to exp I ore tor and eJttract such sut>sTances, prov I dad that the surface open Ing of sny well, hole, shaft or other means of exploring tor, reaching or extrac-tlng �uch substances shal I not be located within the Central crty Redevelopment ·,,-oJec't' Area and she 11 not pane'trate any part or port Ion of sa Id proJect area tlthln ,oo fHt of the surface thereot.
Exhibit A - Lot
EXHIBIT B
Lot #10 Legal Description
(Attached)
DESCRIPTION:
PARCEL ONE:
That portion of Block 210 in the City of Santa Barbara,.
CounTy of Santa Barbara, State of California, according to the official map thereof, described as.follows:
aeginning at the most Southerly corner of said Block 210, said corner being the most Southerly comer of the real
property described In the inden11Jre filed for record
Cecember 12, 1942 In Book 561 aT Page 442 of Official.
Records In the office of the Santa Barbara County Recorder, said corner being the intersection of the Northwesterly line of Cota Street and the Northeasterly line of State Street; thence along the Northwesterly I ine of Cota Street North 41°
30 1
15" East 160.07 feet to the most EasTerly corner of
the real property described in said Sook 561 at Pagd··442, said corner being the true point of beginning; thence along the Northeasterly boundary of said Book 561 at Page 442 and its Northwesterly extension Nor-th 48°
30'31" West 266.97 feet
to th9 most Northerly corner of the real property described as Parcel One in the Grant Deed filed for record .June 30, 1961 in Eook 1856 at Page 488 of Official Records; thence Nor-th 85°23
1 34 11 West 47.40 feet to a Point on the Northwesterly boundary of the real property described as Parcel Two In said Grant Deed in Sook 1856 at Page 488; thence North 48°
48 1 59"
\vest 11.08 feet; thence North 0
°
08 1 31" West 18.10 feet; thence
North 48°30 130" West 15.39 feet to a point on the Southeasterly boundary of the real property described In the Quitclaim Deed filed for: record July 12, 1977 as Reel No. 77-35055 in the office of the County Recorder: thence North 59°36 1 07" Wes-t
25.47 feet to a point on the Southeasterly boundary of the real pro�srty described as Parcel One in the Grant Deed'filed for record February 28, 1975 in eook 2554 at Page 424 of Official P�cords; thence along the Southeasterly boundary of said ?areal Cne in Ecok 25;4 a-r Pa;e 424 north 41 °
;0'18" East 7.9
feet to the most Easterly corner of said Parcel One in 8ook 2554 at Page 424; thence along the Northeasterly boundary of said Par-cal One in 13cok 2554 at Pace 424 North 48°
30'30" West 16.86
feet t�the most Northerly corner of said Parcel One in Book 2554 at Page 424; thence along the Northwesterly boundary of said Paree I One in Book 2554 at Page 424 South 41 °
31 'I 8" \·lest
I 1.2 feet; thence North 59°36 1 07" West 9.37 feet; thence North 35°34 1 56" West 31 .30 feet: thence North 41°
30 1 18" East 6.00
feet to a point on the Northeesterly boundary of the real property described as Parcel One in the Grant Deed filed for record January 4, 1979 as Reel No. 79-549 in the office of the County Recorder; thence along the Northeasterly boundary
EXHIBIT B
Lot 10 Exhibit B - Lot 10
of said Parcel One in Reel 79-549 and its Northwesterly extension North 48°
!0'30" West 25.94 feet to the Southe3sterly line of Ortega Street and the most \'lesterly corner of the real property described as Parcel One in
the Deed by Trustees filed for record May 24, 1968 In
Book 2233 at Page 511 of Official Records; thence along the Southeaster I y I I ne of Ortega Street North 41 °30' 18" EasT 12.00 feet: thence on a line parallel with the Southwesterly boundary of said Parcel One In Sook 2233 at Page 511 South 48 °30'30" East 143.70 feet to its mos"t Southerly corner; t�ence along the Southeas"terly boundary of said . e>arce I One in Sook 2233 a-t Page 51 I North 36°
56 '35" Eas-t
39.35 feet·to its most Easterly corner; thence along the Northeasterly boundary of said Parcel One In Book 2233 at