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Agenda packet, first session

Santa Barbara City Council
July 28, 2026

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Agenda packet, first session
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July 28, 2026
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Santa Barbara City Council
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2: Planning Commission Meeting Minutes; Attachment 3: Planning Commission Resolution #004-26).

The appeal by Alexandra Hack was timely filed and asserts that Planning Commission’s approval was not supported by evidence that the project complies with applicable development standards, as described below (Attachment 4: Appellant’s Letter).

1. The Maximum Net Floor Area (Floor to Lot Area Ratio) was calculated using incorrect net lot area, by not accounting for the lot area lost by the Lot Line Adjustment in 2024.

2. The Maximum Net Floor Area (Floor to Lot Area Ratio) was calculated using an incorrect average slope of 25 percent, rather than 31 percent average slope.

3. A Net Floor Area (Floor to Lot Area Ratio) Modification should have been required for grading over 500 cubic yards outside the main building footprint when the development is over 17 feet in height.

4. A Setback Modification should have been required for encroachments in the eastern interior setback.

5. SFDB Concept Review comments remain unresolved regarding Floor to Lot Area Ratio (FAR), an easterly second-floor deck, and plate heights.

6. The utility pole relocation was omitted from the CDP conditions of approval.

7. Fire Department access comments remain unresolved.

8. The proposed building height is stated differently in three locations.

The appeal issues, discussed below, have been divided into the following categories: Maximum Net Floor Area (Floor to Lot Area Ratio), Setback Encroachments, Single Family Design Board Review, Utility Pole Relocation, Fire Access, and Height.

Discussion of Appeal Issues
Maximum Net Floor Area (Floor to Lot Area Ratio)
Santa Barbara Municipal Code (SBMC) §28.15.083, Maximum Net Floor Area (Floor to Lot Area Ratio), commonly referred to as FAR requirements, limits the floor area of a new residence; however, this code section only applies to lots that have a net lot area of less than 15,000 square feet. The intention of these regulations was to ensure that residences on smaller lots (less than 15,000 square feet) are appropriately proportional to their lot size.

The net lot area of the subject site is 31,461 square feet, which accounts for the lot area that was transferred from the subject property to the neighboring property through a lot line Council Agenda Report
Appeal of the Planning Commission’s Approval of a Coastal Development Permit for Residential Development at 2339 Edgewater Way [Resolution]

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adjustment in 2024. Even with this reduced lot area, the FAR requirements do not apply to the project because the lot exceeds 15,000 square feet.

The Single Family Design Board (SFDB) often uses the floor-to-lot-area ratio as a guideline on lots greater than 15,000 square feet when making applicable compatibility findings related to size, bulk, scale, and overall appropriateness of the design, but a reduction in floor area is not required to meet zoning requirements. Staff and the SFDB refer to the ratio as a “guideline FAR” to distinguish that the maximum floor-to-lot-area ratio is not required by zoning.

Net Lot Area
The lot area of the subject site is 31,461 square feet, the average slope is 31 percent, the proposed net floor area is 4,730 square feet, and the Guideline FAR is 98 percent.

Average Slope
The FAR calculator printed on the plans incorrectly gives the average slope of the lot as 25 percent. The City relies on parcel data from the County of Santa Barbara Assessor when determining the average slope of a lot, which is then exported to City GIS mapping. In this case, the Assessor identifies the average slope of the subject site as 31 percent. Given that the lot area is greater than 15,000 square feet, the FAR remains a guideline FAR even when the average slope is corrected from 25 percent to 31 percent.

Grading
FAR standards, including those related to grading, do not apply to the subject lot because it has a net lot area greater than 15,000 square feet. Thus, a FAR Modification is not required for grading, even if grading exceeds 500 cubic yards outside the main building footprint on a residence taller than 17 feet.

Setback Encroachments
The encroachments cited are access wells that extend eight inches in height above grade. An access well is a retaining structure installed below ground level that provides a protected opening to a basement for emergency egress, natural light, and ventilation. As such, access wells are subject to zoning standards related to walls. Per SBMC §28.87.170.C.1., fences and walls up to a height of eight feet are allowed within setbacks. The access wells are compliant with this standard; therefore, no Setback Modification is required.

Council Agenda Report
Appeal of the Planning Commission’s Approval of a Coastal Development Permit for Residential Development at 2339 Edgewater Way [Resolution]

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Single Family Design Board (SFDB) Review
Once a project receives its land use approvals, and the 10-day appeal period closes without an appeal being filed, it is scheduled for Project Design Approval consideration before the appropriate design review board. In this case, the subject appeal must be heard by City Council before the project can return to the SFDB for consideration of Project Design Approval.

If Planning Commission’s decision to approve the subject Coastal Development Permit is upheld by City Council, the project would subsequently be scheduled for Project Design Approval consideration at the SFDB, where comments received during the most recent Concept Review (October 24, 2022) would be addressed. The Neighborhood Compatibility Findings and the Hillside Finding would need to be made for Project Design Approval to be granted.

October 2022 SFDB Meeting
The SFDB’s October 24, 2022, meeting motion was to continue the item indefinitely to Planning Commission with a return to SFDB Full Board for Project Design Approval consideration, and included the following comments (Attachment 5: Single Family Design Board Meeting Minutes):
• The proposed size, bulk, and scale of the home are appropriate. • The applicant’s response to SFDB’s previous comments is appreciated. • Study lowering the plate heights of the ADU addition so that the first floor is at nine feet in height and the second floor is at eight feet in height to help the building be more in balance.
• The landscape is appropriate, and the screening provided will help screen the project from the adjacent properties.
• The placement of the residence is appropriately setback from the street, as the style of the architecture and distance from the street cause minimal impacts of size, bulk, and scale in terms of its location on the property.

Floor Area Ratio (Maximum Floor Area)
The SFDB did not comment further at the October 24, 2022, meeting regarding FAR; however, it would be within their purview to discuss if the project returns for consideration of Project Design Approval.

Second-Floor Easterly Deck
The subject deck was removed from the project in 2022.

Council Agenda Report
Appeal of the Planning Commission’s Approval of a Coastal Development Permit for Residential Development at 2339 Edgewater Way [Resolution]

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Plate Heights
The SFDB did not comment on plate heights of the primary residence at the October 24, 2022, meeting; however, they did comment on plate heights of the proposed ADU. To be clear, the proposed ADU is not within the purview of the SFDB to comment on, per SBMC § 28.86.060; therefore, the comments are not binding. Regardless, the Planning Commission plan set included an overall reduction in height of two feet, two inches to the detached garage/ADU building, consisting of a six-inch reduction of the second-floor plate height, and a one-foot, eight-inch reduction of the parapet height.

Utility Pole Relocation
Permitting relocation of utility poles is not within the jurisdiction of the City. This being the case, the applicant must work directly with the utility company to relocate the utility pole. The City’s role would be limited to the related Coastal Review, and the relocation would likely qualify for a Coastal Exemption under the Utility Connections Exemption, which includes the replacement of any necessary utility connection.

The City is not a party to the "stipulated court order" between the appellant and the subject property owner and has no authority to enforce it.

Fire Access
The Fire Department comment referenced in this appeal point is found in the project’s fourth Application Response Letter, dated May 4, 2025, and states, “Access roadways serving three or fewer single family residences shall have an unobstructed road width of 16 feet to within 150 feet of all exterior walls of the structure.”
The fifth and final Application Response Letter, dated January 24, 2026, wherein the application was deemed complete, did not continue to include this comment because the comment was sufficiently resolved in the fifth submittal plan set. The Fire Department would ensure continued compliance with access requirements prior to issuance of a building permit and a final certificate of occupancy.

Height
Santa Barbara Municipal Code §28.04.020 defines building height as the maximum vertical height of a building or structure, at all points, measured from natural or finished grade, Council Agenda Report
Appeal of the Planning Commission’s Approval of a Coastal Development Permit for Residential Development at 2339 Edgewater Way [Resolution]

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whichever is lower. Architectural elements that do not add floor area, such as chimneys, vents, and towers, are not considered a part of the height of a building; all portions of the roof are included. No building in the E-3 zone shall exceed a height of 30 feet, per SBMC §28.15.050.

The identified height of the proposed residence ranges from 12 feet, four inches to 25 feet, two inches. Explanation for the various heights identified on the plans and in official documents is provided below.

Cover Sheet
The maximum height listed on the Cover Sheet (Sheet T-1.0) is incorrectly identified as 24 feet, 7¾ inches, which is approximately six inches less than the maximum proposed. This item would be corrected before the project returns to SFDB for Project Design Approval consideration.

Section Drawings
The section drawings (Sheets A-5.1–A-5.4) accurately depict the height from the finished floor to the top of parapet as 23 feet, five inches. The section drawing dimensions provided do not represent the building height as measured per the SBMC, as discussed above.

Staff Report
The maximum proposed height of 25 feet, two inches is identified in the Planning Commission Staff Report Zoning Statistics Table simply to show that the project complies with zoning standards. This is the overall maximum height proposed and is depicted on the East Elevation (Sheet A-3.1). This is the overall maximum height of the proposed residence, measured according to the SBMC, as discussed above.

Staff Recommendation
Based on the appeal issues discussed above, staff recommends that Council deny the appeal and uphold Planning Commission’s approval of the Coastal Development Permit, including the conditions of approval and the CEQA determination in the Planning Commission Resolution.

Staff also recommends that Council approve the draft Decision and Findings Resolution reflecting this outcome. If Council chooses not to uphold Planning Commission’s decision, staff asks that the Council state which findings cannot be made, and staff will return at a future meeting with a revised Decision and Findings Resolution for adoption.

Council Agenda Report
Appeal of the Planning Commission’s Approval of a Coastal Development Permit for Residential Development at 2339 Edgewater Way [Resolution]

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Budget/Financial Information
There is no fiscal impact to the City.

Environmental Review
The project qualifies for an exemption from further environmental review under the California Environmental Quality Act (CEQA) Guidelines Section 15301 [Existing Facilities], 15303 [New Construction or Conversion of Small Structures], and Section 15304 [Minor Alterations to Land], based on staff analysis as described in the Planning Commission Staff Report dated March 12, 2026.

Attachments:

1. Planning Commission Staff Report Dated March 12, 2026 (excluding exhibits; exhibits are available upon request)

2. Planning Commission Meeting Minutes Dated March 19, 2026

3. Planning Commission Resolution #004-26

4. Appellant’s Letter Dated March 30, 2026

5. Single Family Design Board Meeting Minutes Dated October 24, 2022 Prepared by: Barbara Burkhart, Project Planner
Submitted by: Allison DeBusk, Community Development Director Approved by: Kelly McAdoo, City Administrator

III

PLANNING COMMISSION

STAFF REPORT
REPORT DATE: March 12, 2026
AGENDA DATE: March 19, 2026
PROJECT ADDRESS: 2339 Edgewater Way (PLN2020-00014)
TO: Planning Commission
FROM: Planning Division
Megan Arciniega, Senior Planner
Barbara Burkhart, Project Planner
I. PROJECT DESCRIPTION
The proposed project includes three components: abatement of an enforcement case; permitting of work completed under an Emergency Coastal Development Permit (Emergency Permit); and redevelopment of the site.

Enforcement Case: The project proposes removal of an unpermitted railroad tie retaining wall, and remedial grading (14.7 cubic yards of cut/export), along the bluff edge to abate violations associated with enforcement case ENF2018-00339. The violations are: 1) construction of retaining walls over 42-inches in height on the hillside without approvals or permits in the coastal zone; and 2) unpermitted grading described as “cut and fill of earth at bluff” and “dirt imported to fill the bluff top”.

Emergency Permit: The project includes a scope of work completed under an Emergency Permit (PLN2023-00383) associated with a 2023 slope failure along a portion of the site’s westerly bluff, granted by the Community Development Director on April 17, 2024. An associated Building Permit was issued on May 17, 2024. The completed work passed final inspection on July 31, 2024, and the Building Permit was closed. A formal Coastal Development Permit (CDP) is required to allow the completed work to remain.

The scope of work includes clearing and grubbing of the slope face to remove large vegetation, loose soils, and rock; installation of Tecco System high-tensile steel wire mesh and soil nails, a minimum of 10 feet in length, and were drilled and grouted into the bedrock slope; and subsequent hydroseeding of the area; as well as demolition of an unpermitted patio cover and outdoor BBQ/ fireplace, immediately adjacent to the slope failure, as they contributed substantial weight to the failure area. The hydroseed consisted of a coastal bluff seed mix prepared for the project by S & S Seeds.

Site Redevelopment: The project proposes demolition of the existing two-story single-unit residence and detached one-car garage; site grading (583 cubic yards of cut, 105 cubic yards of fill, 418 cubic yards of export); construction of a new two-story single-unit residence with basement, and new two-car detached garage with Accessory Dwelling Unit (ADU) above; new pool and spa, shade structure (cabaña), patios, driveway pavers, drainage improvements, and Item III Page 1 of 513
ATTACHMENT 1

Planning Commission Staff Report
2339 Edgewater Way (PLN2020-00014)
Report Date: March 12, 2026

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landscaping. Seven site trees are proposed for removal and two are to be retained and protected in place; none are located within the front setback or the street.

The site is a 31,461-square-foot (0.72 acre) bluff-top lot in the appeals jurisdiction of the Coastal Zone.

See Exhibits B and C for project plans and applicant letter, respectively.

II. REQUIRED APPLICATIONS
The actions required at this hearing under the purview of the Planning Commission are:

A. A Coastal Development Permit to allow the proposed development in the Appeals Jurisdiction of the City’s Coastal Zone (SBMC §28.44.060); and B. A CEQA Determination that the project is exempt from further environmental review under Section 15301 [Existing Facilities], 15303 [New Construction of Conversion of Small Structures] and Section 15304 [Minor Alterations to Land] of the California Environmental Quality Act (CEQA) Guidelines.

Project Design Approval and Final Design Approval by the Single Family Design Board (SFDB) will also be required for the project, if the Planning Commission approves the project (SBMC Chapter 30.220).

APPLICATION DEEMED COMPLETE: January 24, 2026
DATE ACTION REQUIRED: April 24, 2026
III. RECOMMENDATION
If approved as proposed, the project would conform to the City’s Zoning and Building Ordinances and policies of the Coastal Land Use Plan. In addition, the site location; size, bulk, and scale; and landscaping and screening are appropriate, per the Single Family Design Board’s October 24, 2022 concept review comments. Therefore, staff recommends that the Planning Commission approve the project, making the findings outlined in Section VI of this report, and subject to the conditions of approval in Exhibit A.

Item III Page 2 of 513

Planning Commission Staff Report
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Report Date: March 12, 2026

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Mesa Lane Steps
Project Site
Vicinity Map, 2339 Edgewater Way
Item III Page 3 of 513

Planning Commission Staff Report
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Report Date: March 12, 2026

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IV. BACKGROUND
Between 2015 and 2018, the previous owner of the site expanded the rear yard, without the benefit of permits, by installing railroad tie retaining walls along portions of the bluff face and importing soil fill, as depicted in the aerials below. In 2018, City Code Compliance staff opened an enforcement case to address the violations.
2015 Aerial 2020 Aerial
On April 24, 2020, the subject application was submitted to abate the violations of said enforcement case, and also proposed to improve the existing single-unit residence with a remodel and addition, as well as a new detached garage, site drainage, and landscaping. The application went through three rounds of completeness review1 and was deemed incomplete each time. A Phase I Archaeological Report for the site was accepted by the Historic Landmarks Committee (HLC)2 , and a Single Family Design Board
(SFDB) Concept Review3 of the project, also occurred during this time.

On October 1, 2021, the subject application was revised to propose demolition of the existing residence and construction of a new two-story single-unit residence, a detached two-car garage with ADU above, a pool and pool cabaña, and abatement of the enforcement case. The revised application went through two rounds of completeness review4 and was deemed incomplete each time. The project also went before the SFDB three times for Concept Review5 during this time. The SFDB continued the item to the Planning Commission (PC) on October 24, 2022; however, no such meeting was ever scheduled. 1 5/12/2020, 10/15/2020, 02/02/2021 2 1/22/2020
3 12/07/2020
4 11/01/2021, 05/09/2022
5 6/06/2022, 8/15/2022, 10/24/2022
Item III Page 4 of 513

Planning Commission Staff Report
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Report Date: March 12, 2026

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In the winter of 2023, a slope failure occurred along a westerly portion of the bluff, within the nearsurface, weathered colluvial soils that mantle the underlying Tertiary-age bedrock of the Monterey Formation, as depicted in the images below. The failure included a portion of the railroad-tie retaining wall, which slid down the bluff within a mass of soil. The failure area was measured at approximately 25 feet in height and 90 feet in width, in an area with a variable slope gradient ranging from approximately 1:1 to 2:1 (1- horizontal to 1-vertical). (Earth Systems Pacific, 2023; ENGEO, 2025) View Southeast View Northwest
On April 17, 2024, an Emergency Permit was granted by the City’s Community Development Director to allow expedited installation of a slope stabilization system, and demolition of the patio cover and outdoor BBQ/ fireplace, in the area of the slope failure. The approval was conditioned to require a formal CDP application to be submitted within 90 days (July 16, 2024).

On May 17, 2024, a Building Permit for the Emergency Permit was issued. The completed work passed final inspection on July 31, 2024, and the Building Permit was closed. The slope stabilization system, as installed, is shown in the image below.

Item III Page 5 of 513

Planning Commission Staff Report
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Report Date: March 12, 2026

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Slope Repair, Applicant Photo submitted April 4, 2025
On July 16, 2024, a formal CDP Planning application6 for the work of the Emergency Permit was submitted. This application was required to be processed prior to, or concurrently with, the subject application as it determines whether the slope stabilization system would remain in place.

Between 2024 and 2025, the subject application was resubmitted three more times in response to completeness reviews. A major component of these reviews was regarding the slope failure and establishment of an Alternate Coastal Bluff Edge Line7 (alternate line), which is required by the City’s Coastal Land Use Plan (LUP) when there are substantial changes to a Coastal Bluff Edge8 , defined as
the upper termination of a bluff.

In this case, the upper termination of the bluff shifted substantially landward as a result of the slope failure; therefore, the alternate line was defined by the natural head scarp of the failure and replaces the previously established Coastal Bluff Edge line in that area.

The applicant submitted geologic and geotechnical reports and exhibits, prepared by Earth Systems Pacific, to establish the extent of the slope failure and its impact on the Coastal Bluff Edge location. The reports and exhibits were reviewed by geotechnical engineer Walt Crampton of ENGEO, the City’s geotechnical peer reviewer. After a series of submittals and reviews, and a meeting9 between staff, the applicant team, and Mr. Crampton, the location of the alternate line was established. 6 PLN2024-00292
7 CLUP Policy 5.1-69.C. 8 CLUP Policy 5.1-54. 9 10/03/2025 Item III Page 6 of 513

Planning Commission Staff Report
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Report Date: March 12, 2026

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As a result, the corresponding Coastal Bluff Edge Development Buffer10 (buffer) also shifted in this area.

The buffer is a site-specific distance from the Coastal Bluff Edge, where slope stability is met (the minimum factor of safety)11and the development is not endangered by erosion (factoring in sea level rise), without the need for slope and shoreline protective devices over the expected life of the structure.

In this case, the buffer is 38 feet from the Coastal Bluff Edge, as determined by the project geologist, and confirmed by the City’s geotechnical peer reviewer. The minimum factor of safety is analyzed without the use of slope stabilization or shoreline protection devices; therefore, the slope stabilization system was not considered in the subject site’s buffer analysis12.

On December 12, 2025 the subject application was resubmitted with revised plans that accurately show the Coastal Bluff Edge, Alternate Coastal Bluff Edge, Coastal Bluff Edge Development Buffer, and that the residence and accessory structures securely located on the bluff top, outside of the buffer. The subject application was also revised to include the scope of work of the Emergency Permit, which had previously been proposed on a separate application. On January 24, 2026 the subject application was deemed complete.
10 LUP Policy 5.1-70
- 12 Per the October 17, 2025 Earth Systems -nail
Item III Page 7 of 513
11 Planning Commission Staff Report
2339 Edgewater Way (PLN2020-00014)
Report Date: March 12, 2026

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Also of note, on September 12, 2024 a Lot Line Adjustment13, for a transfer of 2,497.73 square feet of land from the subject site to the adjacent site at 2337 Edgewater Way14, was granted by the PC, and is currently pending Public Works approval. The area to be transferred is highlighted in green below.

Subject Site
2337
Edgewater
2327
Edgewater
13 PLN2022-00368 14
wide
access to
site.
allow the extra width required to -
and APN 041-350-005 (unaddressed 10- wide x 198- oo
and 2327 . The LLA also allows -
strip) to
the subject
Item III Page 8 of 513

Planning Commission Staff Report
2339 Edgewater Way (PLN2020-00014)
Report Date: March 12, 2026

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V. SITE INFORMATION AND PROJECT STATISTICS
A. SITE INFORMATION
Applicant: Vanguard Planning LLC; Jarrett Gorin, AICP
Property Owner: Curt Custard
Site Information
Parcel Number: 041-350-003 Lot Area: 31,461 square feet (0.72 acres) Zoning: E-3/S-D-3 (One-Family Residence/Coastal Overlay) Land Use Designation (Coastal Land Use Plan): Residential (Max 5 du/acre) Existing Use: Single-Unit Residential Topography: 31% average slope Adjacent Zoning and Land Uses
North: E-3/S-D-3 Public Right-of-Way (Edgewater Way); Single-Unit Residential
East: E-3/S-D-3 Single-Unit Residential
South: E-3/S-D-3 Sandy Beach; Pacific Ocean
West: E-3/S-D-3 Single-Unit Residential; Mesa Lane Steps B. PROJECT STATISTICS
Existing Proposed
Living Area (includes basement) 1,976 sf 4,343 sf
Garage 200 sf 494 sf
Detached Accessory Space (ADU) n/a 452 sf
VI. ISSUES
Coastal bluff retreat is a continual, natural process caused by both marine and terrestrial erosion and landslide processes that cause the bluffs to move landward. Wave action is the predominant erosion process as waves can erode the base of the bluff and remove support for overlying material, which increases the potential for landslides to occur. Terrestrial processes, such as erosion by water runoff over the face of the bluff, can also be a cause of coastal bluff retreat.

Grading, vegetation removal, overwatering, poor drainage designs, and other development that contributes to excessive loading on the coastal bluff face and bluff top lands can also exacerbate erosion and instability on bluffs.15
Due to the perpetual nature of these erosion processes, and the resulting landward retreat of the coastal bluffs, these areas should be recognized as temporary in nature. The City’s goals are to:
1) minimize exposure of new development and substantial redevelopment to the hazards of coastal bluff retreat and coastal erosion, 2) minimize risks to life and property through siting and design, 3) avoid project-induced exacerbation of erosion hazards, and 4) avoid the need for slope 15 Coastal Land Use Plan Chapter 5.1
Item III Page 9 of 513

Planning Commission Staff Report
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Report Date: March 12, 2026

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and shoreline protection devices that negatively impact natural landforms, beach widths, sand accretion, public access along the beach, and the aesthetic and biological resources of the beach and coastal bluff area. The overarching goal is to strictly limit development on the coastal bluff face to minimize risks to life and property from coastal bluff erosion and wave impacts. With these goals in mind, the City also recognizes the need for owners of coastal properties to make reasonable use of their property by constructing and maintaining reasonable residential improvements. To this end, the City’s Coastal LUP policies outline allowed development on the coastal bluff face, allowed development within the Coastal Bluff Edge Development Buffer, conditions for development in coastal erosion hazard areas, and a process to undertake if certain development standards cannot feasibly be met.16
VII. MUNICIPAL CODE CONSISTENCY ANALYSIS
A. ZONING STATISTICS
The project is compliant with all applicable zoning regulations.

Standard Requirement/
Allowance
Existing
(to be demolished) Proposed
Setbacks
-Front
-Interior
20 feet
6 feet n/a 20 feet Variable, Compliant
Building Height 30 feet n/a 25’-2”
Open Yard 1,250 s.f. n/a 1,250 s.f.

Automobile Parking17
-Primary Residence
-ADU
Two covered
n/a
One covered
n/a
Two covered
None
VIII. POLICY CONSISTENCY
The project site is located within the Appealable Jurisdiction of the Coastal Zone and must be found consistent with the California Coastal Act and the City’s Local Coastal Program which implements the California Coastal Act. The City’s Local Coastal Program consists of the Coastal Zoning Ordinance and the Coastal Land Use Plan (LUP).

The project site is located within the Mesa Component of the LUP, commonly referred to as “The Mesa,” which spans eastward from Arroyo Burro Beach to the westerly boundary of Santa Barbara City College and extends inland to Cliff Drive. The primary land use of this area is single-unit residential. A major coastal issue identified for this Area is coastal erosion of the bluff and beach. The majority of the subject site is located within Screening Area 4 (the coastal bluff top) and Screening Area 3 (the coastal bluff face), with a very minor portion within Screening Area 2 (a bluff backed beach).
16 Coastal Land Use Plan Chapter 5.1
Item III Page 10 of 513
17 Planning Commission Staff Report
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Report Date: March 12, 2026

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A complete list of policies that apply to the project is attached as Exhibit E. Policies include those related to coastal hazards, in addition to scenic resources and visual quality.

A. COASTAL HAZARDS
Under the Coastal Act, development is required to be sited and designed to minimize risks, assure stability and structural integrity, and neither create nor contribute significantly to erosion of the site or surrounding areas over the expected life of the development, factoring in sea level rise. The goal of bluff top policies is to establish adequate building setbacks for new development such that the normal rates of erosion and coastal bluff material loss would not seriously affect the structure during its expected lifetime. Additionally, the policies seek to drain water away from the coastal bluff top and edge, and control or prohibit activities that contribute to coastal bluff erosion and instability.
i. SHORELINE HAZARDS & STABILITY
Per the LUP, “New development and substantial redevelopment shall be designed and sited to minimize impacts of coastal bluff erosion and coastal bluff slope failure to life and property; assure stability and structural integrity; and neither create nor contribute significantly to erosion, geologic instability, or destruction of the site or surrounding areas over the expected life of the development, factoring in the effects of sea level rise.” To this end, the LUP requires the preparation of a Shoreline Hazard Evaluation by a qualified California licensed professional for development in Shoreline Hazard Screening Areas to analyze development to ensure consistency with these policies.

In 2019 and 2020, an Engineering Geology and Geotechnical Engineering Report (Report) prepared by Earth Systems Pacific, was submitted for the original project scope of work. The report was authored by qualified California-licensed professionals Meng Wei Lu, Civil Engineer, and Todd J. Tranby, Engineering Geologist, and included slope stability analyses that considered sea level rise over the life of the project. The Report concluded that the project site was suitable for the proposed residential construction from an engineering geology and geotechnical standpoint, provided that the recommendations of the report were properly implemented. Earth Systems stated that a conventional footing system with slab-on-grade floors would be suitable to support the proposed construction. (Exhibit F) In 2021, Earth Systems Pacific reviewed the revised project scope of work and concluded that the 2019-2020 Report recommendations continued to apply because the proposed construction was located outside of the previously determined Coastal Bluff Edge Development Buffer18. (Exhibit G)
As discussed in Section IV of this report, as a result of the 2023 slope failure an Alternate Coastal Bluff Edge Line was required to be established, which moved the 38-foot Buffer further landward. In 2025, Earth Systems Pacific acknowledged this and stated that the safety factor for slope stability of the current soil-nail mitigated slope face should remain the same, if not improved; and that the recommendations of Item III Page 11 of 513
18 Planning Commission Staff Report
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the reports and letters attached to the subject letter (References 1 - 9), and the current bluff edge exhibit (Reference 10) should be applied to the project. (Exhibit I) In 2025, Earth Systems Pacific provided a letter stating that the proposed development would minimize risks to life and the property, and assure stability and structural integrity of the site and immediately adjacent areas over its expected life when considering sea level rise; and that the proposed new residence should not increase risks to life and the property, and would assist in the stability and structural integrity, with implementation of the recommendations included in the referenced reports; and should neither create nor contribute to erosion instability of destruction of the site or surrounding areas from a geologic or geotechnical perspective. (Exhibit J) The City’s third-party geotechnical peer reviewer, ENGEO, has reviewed all geologic and geotechnical reports, studies, letters, and plans related to the slope stabilization system, establishment of the Alternate Coastal Bluff Edge and the Coastal Bluff Edge Development Buffer. ENGEO found that the current iteration of the project conforms to all relevant Coastal Act and LUP policies as they relate to geology and coastal hazards. (Exhibit K)
ii. COASTAL BLUFF FACE
The Coastal Act strictly limits development on the coastal bluff face, with the intent of minimizing risks to life and property from coastal bluff erosion and wave impacts.

To this end, Policy 5.1-32 includes development standards for new development and substantial redevelopment on coastal bluff faces and limits them to specific types.

These include re-establishment of natural landforms that have been altered by previous development activities; slope stabilization devices, consistent with Policy

5.1-23, necessary to protect existing habitable structures; habitat restoration; and drainage systems consistent with Policy 5.1-39. Subsections G and M, of Policy 5.1- 66, establish design requirements of slope stability systems.

Bluff Face Retaining Wall and Grading
Abatement of the enforcement case includesremoval of the railroad tie retaining wall, and remedial grading to remove approximately 14.7 cubic yards of unpermitted fill, along portions of the bluff face. (It should be acknowledged here that the slope failure has eliminated the westernmost portion of unpermitted work.) The Report determined that removal of the wall would create an increase in bluff stability because the horizontal pressure of the fill was likely not accounted for in the wall design, even though the footings appear to be adequately supported; and that removal of the wall is not anticipated to increase the erosional retreat rate beyond prewall conditions because the Report used pre-wall erosional retreat rates and accounted for erosion of the bluff below the wall. (Exhibit H)
The proposed abatement is consistent with Policy 5.1-32 because it would serve to re-establish the natural bluff face where it was previously altered by the unpermitted development and is sited and designed to minimize risks, assure stability and structural integrity, and would neither create nor contribute significantly to erosion of Item III Page 12 of 513

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Report Date: March 12, 2026

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the site or surrounding areas over the expected life of the development, factoring in sea level rise.

Bluff Face Slope Failure and Stabilization
In response to the 2023 slope failure, the applicant and staff worked with Earth Systems Pacific, DRS Engineering Inc., and ENGEO to determine the minimum action necessary to protect the existing residence from the effects of further erosion, that would also be the least environmentally damaging option. As a result of this effort, it was determined that a slope stability system consisting of a TECCO® mesh erosion control system, utilizing soil nails embedded into the underlying Monterey Formation, and followed by hydroseeding, was the best option to meet the criteria.

The scope of work included clearing and grubbing of the slope face to remove large vegetation, loose soils, and rock; installation of high-tensile steel wire mesh and soil nails, a minimum of 10 feet in length, which were drilled and grouted into the bedrock slope; and subsequent hydroseeding of the area; as well as demolition of an unpermitted patio cover and outdoor BBQ/ fireplace, immediately adjacent to the slope failure, as they contributed substantial weight to the failure area. The hydroseed consisted of a coastal bluff seed mix prepared for the project by S & S Seeds.

Allowing the completed work to remain in place is supported by staff because it conforms to requirements of Policies 5.1-23 and 5.1-32; it was the minimum action necessary to protect the existing residence, and the least environmentally damaging option; and is sited and designed to minimize risks, assure stability and structural integrity, and would neither create nor contribute significantly to erosion of the site or surrounding areas over the expected life of the development, factoring in sea level rise.

Bluff Face Landscaping
Per Policy 5.1-38, all new plantings are required to be native, drought-tolerant vegetation. Sprinkler systems, irrigation plumbing, and in-ground irrigation systems are not allowed. Watering within the buffer is limited to that necessary for the establishment of new plantings and shall be achieved manually. The landscape plans show that either coastal bluff native container plantings, or a hydroseed application of a coastal bluff seed mix, would occur within the bluff face areas. With the implementation of the conditions of approval, the project would comply with Policy

5.1-38.
iii. COASTAL BLUFF EDGE DEVELOPMENT BUFFER
In general, development is required to be sited landward of the Coastal Bluff Edge Development Buffer (Buffer) to reduce hazards associated with development near the coastal bluff edge.

Demolition Within the Buffer
The unpermitted patio cover and BBQ/ fireplace, and the majority of the existing residence, are located within the Buffer. The patio cover and BBQ/ fireplace were located within 5 feet of the bluff edge, added substantial weight to the bluff, and were Item III Page 13 of 513

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considered unsafe and unusable due to geologic instability within the Buffer. The existing residence also adds considerable weight to the bluff and is considered unsafe and unstable due to geologic instability within the Buffer. Therefore, the demolition of these project components is consistent with Policy 5.1-33.

Landscaping and Minor Improvements Within the Buffer
Minor types of development can be allowed within the Buffer. These include landscaping and other plantings, consistent with Policy 5.1-38; patios, walkways, and pavers, located at least 10 feet from the bluff edge; and drainage systems.

Additionally, removal of development from the buffer is required when erosion puts it within 5 feet of the bluff edge, or it is deemed unsafe due to imminent threat from geologic instability, erosion, or other coastal hazards.

The landscape plans include a preliminary plant palette with the water use classification (WUCOLS); most are either low or very low (drought-tolerant), however, the plans do not indicate whether they are native.

A permeable synthetic lawn is proposed over much of the Buffer. Although not explicitly discussed in the LUP policies, synthetic lawn has been found to be consistent with the types of improvements allowed within the Buffer. However, to prevent synthetic materials from making their way down the bluff, staff is recommending a condition of approval that requires the synthetic lawn be located a minimum of ten feet from the coastal bluff edge, and monitored by the owner regularly, to then be removed as needed where erosion results in it being within five feet or less of the coastal bluff edge similar to other manmade minor improvements described in Policy 5.1-33.

The landscape plans include a preliminary plant palette, and state that final plant selections will be simplified in the final planting plan. The plans indicate each plant’s water use classification (WUCOLS) and most are either low or very low (droughttolerant); however, the plans do not indicate whether they are native.

Final landscape plans are not typically produced until design review final approval consideration is scheduled; as such, staff has included conditions of approval stating that the final landscape plan submitted for design review final approval shall be consistent with Policies 4.3-11 and 5.1-38, and shall clearly show that only native, drought-tolerant vegetation is proposed, and that only minimal watering, achieved manually or with easily removable drip irrigation tubing, needed for the establishment of new plantings is to occur. With the implementation of the conditions of approval above the project would comply with Policy 4.3-11 and 5.1-38. iv. COASTAL BLUFF TOP –OUTSIDE THE BUFFER
The proposed residence, pool and spa, shade structure (cabaña), and patios are proposed securely landward of the Buffer yet close enough to the bluff edge to take advantage of views toward the coastline and ocean consistent with Policy 5.1-33. The proposed garage and ADU are situated further north toward Edgewater Way, also consistent with Policy 5.1-33.

Item III Page 14 of 513

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v. DRAINAGE SYSTEMS
Policy 5.1-39 includes development standards for drainage systems on lots containing coastal bluff faces and coastal bluff edge development buffers, which states that new development shall have drainage systems carrying runoff landward away from these areas, and which meet specific criteria. A portion of the proposed drainage system would be located within the site’s Coastal Bluff Edge Development Buffer.

The project has been reviewed by City Creeks staff and determined to be a Tier 3 project, as defined by the City’s Storm Water BMP Guidance Manual. Tier 3 projects are required to select and implement Site Design and/or Storm Water Runoff BMPs to capture and treat runoff generated from a 1” storm19 from at least 95% of the project site’s impervious area. Creeks staff is satisfied with the submittal at this stage of development; however, a set of information is required to be met before design review Final Approval, and another set before Building Permit issuance; these have been included as project conditions of approval.

The drainage system is designed to collect stormwater runoff in a 3-foot-wide rocklined v-ditch which would drain to four drainage inlets, 8-inches in diameter, along the ditch. A 6-inch storm drain pipe, sloped at a minimum of 1% toward a concrete holding tank with a sump pump, would connect the inlets. Runoff would also be collected via inlets and storm drain pipes to enter the concrete holding tank from the north. The runoff would then enter an underground infiltration chamber system (located at the northern side of the site), which would hold and infiltrate the required volume, and overflow to an 8-inch gravity storm drain pipe connecting to the existing storm drain pipe within Edgewater Way. The proposed drainage system has been reviewed and accepted by ENGEO.

The proposed drainage system is consistent with Policy 5.1-39 because it meets the required design criteria and would collect runoff before it reaches the bluff edge, diverting it landward to the existing City storm drain pipe within Edgewater Way.

B. NEIGHBORHOOD PLANNING
Coastal Act Section 30250, Location; existing developed area, requires new residential development be located within, contiguous with, or in close proximity to, existing developed areas able to accommodate it, and LUP Policy 4.3-7, Compatible Development, requires it to be sited and designed to be visually compatible with the character of surrounding areas.

Policy 3.1-29, Off-Street Parking for New Development and Substantial Redevelopment, requires off-street parking for new development be consistent with the Zoning Ordinance to avoid significant adverse impacts to public access to the shoreline and coastal recreation areas.

The project site is located in an existing, developed single-family neighborhood with access to adequate public services including public transportation, fire prevention, police, and utility 19 Item III Page 15 of 513

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services. The closest public access parking area is along Mesa Lane, and the closest access point is the Mesa Lane Stairs, which begin approximately 180 feet west of the subject site.

The project proposes single-unit residential development consistent with the site’s zoning classification and LUP land use designation, and proposes automobile parking that conforms to the Zoning Ordinance, The site does not contain public access parking or public access points.

As discussed in Section IV of this report, the revised project has been before the SFDB three times for concept review. It received positive comments and was continued to the PC on October 24, 2022, where the SFDB found the site planning, landscaping and screening, and size, bulk, and scale of the residence, to be appropriate.

Therefore, no significant impact related to services, or significant adverse effects to the coast or coastal resources, are anticipated to occur as a result of the project.

C. SCENIC RESOURCES
Policies of the Coastal Act and the LUP require that development be sited and designed to protect scenic and visual resources of coastal areas: Coastal Act Sections 30251 Scenic and visual qualities, and 30251 Scenic and visual qualities; LUP Policy 4.3-5 Protection of Scenic Resources and Public Scenic View, and Policy 4.3-6 Obstruction of Scenic View Corridors.

Policy 4.3-18, Coastal Bluff Top Development, requires that the natural and scenic quality of the shoreline bluffs be preserved, particularly as viewed from the beach below.

The site is located on the bluff-side (south) of Edgewater Way and includes coastal bluffs that are considered scenic resources, per LUP Figure 4.3-1, Scenic Resources.

The closest public scenic view corridor is that of the Pacific Ocean as taken from Oliver Road, looking south to the blufftop overlook at its southern terminus. The intersection of Edgewater Way and Oliver Road is approximately 1,000 feet east of the site.

Alterations to the bluff face, associated with abatement of the enforcement case and installation of the slope stability system, have been designed to minimize risks, assure stability and structural integrity, and would neither create nor contribute significantly to erosion of the site or surrounding areas over the expected life of the development, factoring in sea level rise, as confirmed by ENGEO.

The proposed new development has been sited and designed to protect and minimize further alteration of the site’s natural landforms, thereby preserving the natural and scenic quality of the shoreline bluffs, to the extent feasible.

As discussed in Section IV of this report, the revised project has been before the SFDB three times for Concept Review. It received positive comments and was continued to the PC on October 24, 2022, where the SFDB found the site planning, landscaping and screening, and size, bulk, and scale of the residence, to be appropriate. Story poles have been erected ahead of this meeting, for both the PC and SFDB, as well as the public, to consider when viewing the site from the public beach below.

Significant adverse impacts to scenic and visual resources of coastal areas, or the natural and scenic quality of the shoreline bluffs, are not anticipated to occur as a result of the project.

Item III Page 16 of 513

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D. CULTURAL RESOURCES
California Coastal Act Policy 30244, and Coastal LUP Policies 4.4-1 through 4.4-10 seek to protect archaeological resources by requiring that new and proposed development be sited and designed to avoid adverse impacts.

The project site is in the Prehistoric Watercourse Buffer archaeological sensitivity zone. A Phase I Archaeology Report was prepared for the site in 2020 and concluded that the likelihood of undiscovered, significant cultural resources existing in the project area is very low, and therefore no additional archaeological monitoring or additional cultural resource testing was recommended. However, the standard conditions alerting to the possibility of discovery during ground disturbance were recommended, consistent with the City’s Master Environmental Assessment Guidelines for Archeological Resources.

The report was reviewed by the City Environmental Analyst, Julia Pujo, and the Historic Landmarks Commission Advisory Member, Dr. Glassow, and accepted by the Historic Landmarks Commission on January 22, 2020. The City’s standard discovery conditions are included in the draft conditions of approval (Exhibit A), per the recommendation. Therefore, the project avoids disturbance to archeological resources, consistent with this policy.

E. BIOLOGICAL RESOURCES
Policy 4.1-15 governs new development and substantial redevelopment in areas adjacent to Environmentally Sensitive Habitat Areas (ESHA), wetlands, and creeks. The site contains coastal sage scrub, a biological resource, over a small portion of land where the site meets the sandy beach. Due to its location away from the buildable area of the subject site, a biological evaluation was not required to be submitted.

The habitat buffer for any coastal sage scrub considered an ESHA is 25 feet from the outer edge of habitat. No physical development is proposed within approximately 140 feet from the outer edge of the resource, at its closest point.

No impacts to biological resources are anticipated to occur as a result of the project.

IV. ENVIRONMENTAL REVIEW
Staff has determined that the project qualifies for an exemption from further environmental review under Section 15301 [Existing Facilities], 15303 [New Construction of Conversion of Small Structures], and Section 15304 [Minor Alterations to Land] of the California Environmental Quality Act (CEQA) Guidelines. Section 15301 allows demolition and removal of a single-unit residence and accessory structures including garages and patios; Section 15303 allows construction of a new single-unit residence, a second dwelling unit, and accessory structures including garages, patios, swimming pools, and fences; and Section 15304 allows minor private alterations in the condition of land and vegetation which do not involve removal of healthy, mature, scenic trees. Staff has reviewed the proposal and site conditions and has determined that the project complies with all conditions of this exemption.

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Based on review of the project, there would be no significant project-specific or cumulative impact on the environment due to unusual circumstances, the project does not have the potential to damage scenic highways or historic resources, and the project site is not identified as a hazardous waste site. None of the exceptions to the exemption under CEQA Guidelines Section 15300.2 apply.

V. DESIGN REVIEW
This project was reviewed by the SFDB on four separate occasions (meeting minutes are attached as Exhibit D). On October 24, 2022, the SFDB found the placement and size, bulk, and scale of the residence, and the site landscaping and screening, to be appropriate.

VI. RECOMMENDED FINDINGS
The Planning Commission finds the following:

A. ENVIRONMENTAL REVIEW (SBMC §22.100.160.C; CEQA GUIDELINES) The determination of exemption, as discussed in the staff report dated March 12, 2026, is appropriate.

B. COASTAL DEVELOPMENT PERMIT (SBMC §28.44.150)

1. The project is consistent with the policies of the California Coastal Act because it has been sited and designed to minimize risks, assure stability and structural integrity, and neither create nor contribute significantly to erosion of the site or surrounding areas over the expected life of the development, factoring in sea level rise, as described in Section VIII of the Staff Report dated March 12, 2026.

2. The project is consistent with all applicable policies of the City's Local Coastal Plan, all applicable implementing guidelines, and all applicable provisions of the Code, because it has been designed and sited to minimize impacts of coastal bluff erosion and coastal bluff slope failure to life and property; assure stability and structural integrity; and neither create nor contribute significantly to erosion, geologic instability, or destruction of the site or surrounding areas over the expected life of the development, factoring in the effects of sea level rise, as described in Section VIII of the Staff Report dated March 12, 2026.

EXHIBITS
A. Conditions of Approval
B. Project Plans
C. Applicant's Letter, dated March 5, 2026
D. SFDB Minutes
E. Applicable Policies
F. Engineering Geology and Geotechnical Engineering Report; Earth Systems Pacific, prepared July 30, 2019, revised August 18, 2020
G. Supplemental Letter, Engineering Geology and Geotechnical Engineering Report; Earth Systems Pacific, dated October 1, 2021
H. Response Letter, Engineering Geology and Geotechnical Engineering Report; Earth Systems Pacific, dated December 16, 2020, revised February 2, 2021 Item III Page 18 of 513

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Report Date: March 12, 2026

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I. Update Letter with References, Engineering Geology and Geotechnical Engineering Report; Earth Systems Pacific, dated October 17, 2025, revised December 5, 2025 J. Response Letter, Engineering Geology and Geotechnical Engineering Report; Earth Systems Pacific, dated February 27, 2025
K. Response Letter, Engineering Geology and Geotechnical Engineering Report, Earth Systems Pacific, dated December 4, 2024
Contact/Case Planner: Barbara Burkhart, Project Planner ([email protected])
630 Garden Street, Santa Barbara, CA 93101
Phone: (805) 560-7587
Item III Page 19 of 513

City of Santa Barbara

PLANNING COMMISSION

MINUTES
MARCH 19, 2026
1:00 P.M.

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

Lucille Boss, Chair
Donald DeLuccio, Vice Chair
Brian Barnwell
John M. Baucke
Benjamin Peterson
Devon Wardlow
Lesley Wiscomb
CITY COUNCIL LIAISON:

Mike Jordan
STAFF:

Tava Ostrenger, Chief Assistant City Attorney
Megan Arciniega, Senior Planner
Jasper Carman, Commission Secretary

CALL TO ORDER
Vice Chair DeLuccio called the meeting to order at 1:00 p.m.

I. ROLL CALL
Vice Chair Donald DeLuccio, Commissioners Brian Barnwell, John M. Baucke, Benjamin Peterson, and Lesley Wiscomb

Absent: Chair Lucille Boss and Commissioner Devon Wardlow

STAFF PRESENT
Tava Ostrenger, Chief Assistant City Attorney
Tina Dye, Chief Building Official
Jose Barajas, Building and Safety Supervisor
Megan Arciniega, Senior Planner
Barbara Burkhart, Project Planner
Kelly Brodison, Associate Planner
Sebastian Herics, Assistant Planner
Christopher Bell, City TV Production Supervisor
Janet Ahern, City TV Production Specialist
Jasper Carman, Commission Secretary
II. PRELIMINARY MATTERS
A. Requests for continuances, withdrawals, postponements, or addition of ex-agenda items:

No requests.

ATTACHMENT 2

Planning Commission Minutes March 19, 2026 Page 2 of 5
B. Announcements and appeals:

No announcements.

C. Review, consideration, and action on the following draft Planning Commission minutes and resolutions:

1. March 5, 2026 Planning Commission Special Lunch Meeting Minutes

2. March 5, 2026 Planning Commission Minutes

3. Planning Commission Resolution No. 003-26
1422 San Andres St.

MOTION: Barnwell / Wiscomb
Approve the minutes and resolutions as presented.

The motion carried by the following vote:

Ayes: 5 Noes: 0 Abstain: 0 Absent: 2 (Boss and Wardlow) D. Comments from members of the public pertaining to items not on this agenda:

Public comment opened at 1:02 p.m., and as no one wished to speak, it closed.

III. NEW ITEM
ACTUAL TIME: 1:02 P.M.
2339 EDGEWATER WAY
Assessor’s Parcel Number: 041-350-003
Zoning Designation: E-3 / S-D-3 (One-Family Residence / Coastal Overlay) Application Number: PLN2020-00014 Filing Date: 4/24/2020 Applicant: Jarrett Gorin / Vanguard Planning Inc.

Owner: Curt Custard
The proposed project includes three components: abatement of an enforcement case; permitting of work completed under an Emergency Coastal Development Permit (Emergency Permit); and redevelopment of the site.

Enforcement Case: The project proposes removal of an unpermitted railroad tie retaining wall, and remedial grading (14.7 cubic yards of cut/export), along the bluff edge to abate violations associated with enforcement case ENF2018-00339. The violations are: 1) construction of retaining walls over 42-inches in height on the hillside without approvals or permits in the coastal zone; and 2) unpermitted grading described as “cut and fill of earth at bluff” and “dirt imported to fill the bluff top”.

Emergency Permit: The project includes a scope of work completed under an Emergency Permit (PLN2023-00383) associated with a 2023 slope failure along a portion of the site’s westerly bluff.

The scope of work includes clearing and grubbing of the slope face to remove large vegetation, loose soils, and rock; installation of Tecco System high-tensile steel wire mesh and soil nails, a

Planning Commission Minutes March 19, 2026 Page 3 of 5
minimum of 10 feet in length, and were drilled and grouted into the bedrock slope; and subsequent hydroseeding of the area; as well as demolition of an unpermitted patio cover and outdoor BBQ/ fireplace, immediately adjacent to the slope failure, as they contributed substantial weight to the failure area.

Site Redevelopment: The project proposes demolition of the existing two-story single-unit residence and detached one-car garage; site grading (583 cubic yards of cut, 105 cubic yards of fill, 418 cubic yards of export); construction of a new two-story single-unit residence with basement, and new two-car detached garage with Accessory Dwelling Unit (ADU) above; new pool and spa, shade structure (cabaña), patios, driveway pavers, drainage improvements, and landscaping. Seven site trees are proposed for removal and two are to be retained and protected in place; none are located within the front setback or the street.

The discretionary applications under the jurisdiction of the Planning Commission at this hearing are:

A. A Coastal Development Permit to allow the proposed development in the Appeal Jurisdiction of the City’s Coastal Zone (SBMC §28.44.060); and B. A CEQA Determination that the project is exempt from further environmental review under Section 15301 [Existing Facilities], 15303 [New Construction of Conversion of Small Structures] and Section 15304 [Minor Alterations to Land] of the California Environmental Quality Act (CEQA) Guidelines.

Project Design Approval and Final Design Approval by the Single Family Design Board (SFDB) will also be required for the project, if the Planning Commission approves the project (SBMC Chapter 30.220).

Barbara Burkhart, Project Planner, gave the Staff presentation. Tina Dye, Chief Building Official; Jose Barajas, Building and Safety Supervisor; and Sebastian Herics, Assistant Planner were available to answer questions.

Jarrett Gorin, Vanguard Planning Inc., gave the Applicant presentation.

Public comment opened at 1:31 p.m., and the following individuals spoke:

1. Maddy Boar

2. Alexandra Hack
Written correspondence from David Bacher, Alexandra Hack, Timothy, Marie, & Michel Boudreaux, Courtney O’Donnell, Kelli Bacher, and Claire Bacher was acknowledged.

Public comment closed at 1:37 p.m.

MOTION: Wiscomb / Peterson Assigned Resolution No. 004-26 Approve the project, making the findings for the Coastal Development Permit and CEQA Exemption as outlined in the Staff Report dated March 12, 2026, subject to the Conditions of Approval as outlined in the Staff Report, with the following revisions to the Conditions of Approval:

1. On page 4, section 11, revise subsection c to state “If the improvements located within the Coastal Bluff Edge Development Buffer are deemed unusable or unsafe due to imminent threat of damage or destruction from geologic instability, erosion, flooding, wave impact hazards, or other hazards associated with development on a coastal bluff or beach, their

Planning Commission Minutes March 19, 2026 Page 4 of 5
removal is required. Removal of said improvements shall also be required when erosion reaches less than 5 feet from said improvements.”

2. On page 4, section 11, revise subsection d to state “The approval of the improvements located within the Coastal Bluff Edge Development Buffer is limited to a maximum 20 years from the Coastal Development Permit date of issuance. When the permit term ends, the Owner shall initiate a re-evaluation of said improvements with the City. If said re-evaluation shows said improvements still meet the standards and conditions listed above, a new Coastal Development Permit shall be obtained to retain the minor improvements. If said re-evaluation shows said improvements do not meet the standards and conditions listed above, approval by the City shall be obtained to allow removal of said improvements.”

3. On page 6, section 2, strike all subsections a through j.

4. On page 11, section 3, add the following sentence to the end of the clause, “However, parking on-site shall be accommodated whenever possible.”
The motion carried by the following vote:

Ayes: 4 Noes: 1 (Baucke) Abstain: 0 Absent: 2 (Boss and Wardlow) Commissioner Baucke voted to deny the project as he found it to be inconsistent with the California Coastal Act sections 30251 and 30253 as the intensity of the project for the site that is remaining after remediation of the slope is beyond what should exist on this site. He stated that the applicant did a great job, but the intensity of the project doesn’t fit the neighborhood or site.

The ten calendar day appeal period was announced.
* THE COMMISSION RECESSED FROM 2:48 TO 2:58 P.M. *
IV. DISCUSSION ITEM
ACTUAL TIME: 2:58 P.M.
25 EAST MASON STREET
Assessor’s Parcel Number: 033-082-014
Zoning Designation: HRC-2 / OC / S-D-3 (Hotel & Related Commerce / Ocean-Oriented Commercial / Coastal Overlay)
Application Number: PRE2026-00006
Applicant: Clay Aurell / AB Design Studio, Inc.

Owner: USA San Diego, LLC
The Planning Commission is being asked to determine if a wedding venue business could be a permitted use in the HRC-2 (Hotel and Related Commerce) zone. In order to make that determination, the Planning Commission must find that the use is a visitor-serving or commercial recreational use deemed appropriate by the Planning Commission (SBMC §28.22.030.B.2.f).

Kelly Brodison, Associate Planner, gave the Staff presentation.

Clay Aurell, AB Design Studio, gave the applicant presentation.

Planning Commission Minutes March 19, 2026 Page 5 of 5
Public comment opened at 3:03 p.m., and as no one wished to speak, it closed.

MOTION: Barnwell / Peterson
The Planning Commission determines that a wedding venue business qualifies as a visitorserving use in the HRC-2 (Hotel and Related Commerce) Zone, in accordance with Santa Barbara Municipal Code, Section 28.22.030.B.2.F.The motion carried by the following vote:

Ayes: 5 Noes: 0 Abstain: 0 Absent: 2 (Boss and Wardlow) V. ADMINISTRATIVE AGENDA
ACTUAL TIME: 3:22 P.M.

A. Committee and Liaison Reports:

1. Staff Hearing Officer Liaison Report
Commissioner DeLuccio reported on the Staff Hearing Officer meeting of March 18, 2026.

2. Other Committee and Liaison Reports
No reports.

B. Discussion on Subcommittees and Workshops
No discussion held.

VI. ADJOURNMENT
Vice Chair DeLuccio adjourned the meeting at 3:24 p.m.

Submitted by,
__________________________________________
Jasper Carman, Commission Secretary

CITY OF SANTA BARBARA PLANNING COMMISSION
RESOLUTION NO. 004-26
2339 EDGEWATER WAY

COASTAL DEVELOPMENT PERMIT
MARCH 19, 2026
Assessor’s Parcel Number: 041-350-003
Zoning Designation: E-3 / S-D-3 (One-Family Residence / Coastal Overlay) Application Number: PLN2020-00014 Filing Date: 4/24/2020 Applicant: Jarrett Gorin / Vanguard Planning Inc.

Owner: Curt Custard
The proposed project includes three components: abatement of an enforcement case; permitting of work completed under an Emergency Coastal Development Permit (Emergency Permit); and redevelopment of the site.

Enforcement Case: The project proposes removal of an unpermitted railroad tie retaining wall, and remedial grading (14.7 cubic yards of cut/export), along the bluff edge to abate violations associated with enforcement case ENF2018-00339. The violations are: 1) construction of retaining walls over 42-inches in height on the hillside without approvals or permits in the coastal zone; and 2) unpermitted grading described as “cut and fill of earth at bluff” and “dirt imported to fill the bluff top”.

Emergency Permit: The project includes a scope of work completed under an Emergency Permit (PLN2023- 00383) associated with a 2023 slope failure along a portion of the site’s westerly bluff. The scope of work includes clearing and grubbing of the slope face to remove large vegetation, loose soils, and rock; installation of Tecco System high-tensile steel wire mesh and soil nails, a minimum of 10 feet in length, and were drilled and grouted into the bedrock slope; and subsequent hydroseeding of the area; as well as demolition of an unpermitted patio cover and outdoor BBQ/ fireplace, immediately adjacent to the slope failure, as they contributed substantial weight to the failure area.

Site Redevelopment: The project proposes demolition of the existing two-story single-unit residence and detached one-car garage; site grading (583 cubic yards of cut, 105 cubic yards of fill, 418 cubic yards of export); construction of a new two-story single-unit residence with basement, and new two-car detached garage with Accessory Dwelling Unit (ADU) above; new pool and spa, shade structure (cabaña), patios, driveway pavers, drainage improvements, and landscaping. Seven site trees are proposed for removal and two are to be retained and protected in place; none are located within the front setback or the street.

The discretionary applications under the jurisdiction of the Planning Commission at this hearing are:

A. A Coastal Development Permit to allow the proposed development in the Appeal Jurisdiction of the City’s Coastal Zone (SBMC §28.44.060); and
B. A CEQA Determination that the project is exempt from further environmental review under Section 15301 [Existing Facilities], 15303 [New Construction of Conversion of Small Structures] and Section 15304 [Minor Alterations to Land] of the California Environmental Quality Act (CEQA) Guidelines.

Project Design Approval and Final Design Approval by the Single Family Design Board (SFDB) will also be required for the project (SBMC Chapter 30.220).

ATTACHMENT 3

PLANNING COMMISSION RESOLUTION NO. 004–26
2339 EDGEWATER WAY
MARCH 19, 2026
PAGE 2
WHEREAS, the Planning Commission has held the required public hearing on the above application, and the Applicant was present.

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

1. Staff Report with Attachments, March 12, 2026

2. Project Plans

3. Correspondence received:
a. David Bacher
b. Alexandra Hack
c. Timothy, Marie, and Michel Bourdreaux
d. Courtney O’Donnell
e. Kelli Bacher
f. Claire Bacher
NOW, THEREFORE BE IT RESOLVED that the City Planning Commission:

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

A. ENVIRONMENTAL REVIEW (SBMC §22.100.160.C; CEQA Guidelines) The determination of exemption, as discussed in the staff report dated March 12, 2026, is appropriate.

B. COASTAL DEVELOPMENT PERMIT (SBMC §28.44.150)

1. The project is consistent with the policies of the California Coastal Act because it has been sited and designed to minimize risks, assure stability and structural integrity, and neither create nor contribute significantly to erosion of the site or surrounding areas over the expected life of the development, factoring in sea level rise, as described in Section VIII of the Staff Report dated March 12, 2026.

2. The project is consistent with all applicable policies of the City's Local Coastal Plan, all applicable implementing guidelines, and all applicable provisions of the Code, because it has been designed and sited to minimize impacts of coastal bluff erosion and coastal bluff slope failure to life and property; assure stability and structural integrity; and neither create nor contribute significantly to erosion, geologic instability, or destruction of the site or surrounding areas over the expected life of the development, factoring in the effects of sea level rise, as described in Section VIII of the Staff Report dated March 12, 2026.

II. Said approval is subject to the following conditions:

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

1. Obtain all required design review approvals.

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

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

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

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

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

1. Approved Development. The development of the Real Property approved by the Planning Commission on March 19, 2026 is limited to the three project components, as follows below and as described in the Applicant Letter dated March 5, 2026 and as shown on the plans signed by the chairperson of the Planning Commission on said date and on file at the City of Santa Barbara.

Enforcement Case: The project proposes removal of an unpermitted railroad tie retaining wall, and remedial grading (14.7 cubic yards of cut/export), along the bluff edge to abate violations associated with enforcement case ENF2018-00339. The violations are: 1) construction of retaining walls over 42-inches in height on the hillside without approvals or permits in the coastal zone; and 2) unpermitted grading described as “cut and fill of earth at bluff” and “dirt imported to fill the bluff top”.

Emergency Permit: The project includes a scope of work completed under an Emergency Permit (PLN2023-00383) associated with a 2023 slope failure along a portion of the site’s westerly bluff, granted by the Community Development Director on April 17, 2024. An associated Building Permit was issued on May 17, 2024. The completed work passed final inspection on July 31, 2024, and the Building Permit was closed. A formal Coastal Development Permit (CDP) is required to allow the completed work to remain.

The scope of work includes clearing and grubbing of the slope face to remove large vegetation, loose soils, and rock; installation of Tecco System high-tensile steel wire mesh and soil nails, a minimum of 10 feet in length, and were drilled and grouted into the bedrock slope; and subsequent hydroseeding of the area; as well as demolition of an unpermitted patio cover and outdoor BBQ/ fireplace, immediately adjacent to the slope failure, as they contributed substantial weight to the failure area. The hydroseed consisted of a coastal bluff seed mix prepared for the project by S & S Seeds.

Site Redevelopment: The project proposes demolition of the existing two-story single-unit residence and detached one-car garage; site grading (583 cubic yards of cut, 105 cubic yards of fill, 418 cubic yards of export); construction of a new two-story single-unit residence with basement, and new two-car detached garage with Accessory Dwelling Unit

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(ADU) above; new pool and spa, shade structure (cabaña), patios, driveway pavers, drainage improvements, and landscaping. Seven site trees are proposed for removal and two are to be retained and protected in place; none are located within the front setback or the street.

2. Building Height Restriction. The height of the residence shall not exceed 30 feet above finished grade, and the height of the garage/ADU shall not exceed 30 feet above finished grade.

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

4. Recreational Vehicle Storage Limitation. No recreational vehicles, boats, or trailers shall be stored on the Real Property unless enclosed or concealed from view as approved by the Single Family Design Board (SFDB).

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

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

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

7. Accessory Dwelling Unit Restrictions. The ADU shall remain at all times consistent with the City’s Ordinance requirements.

8. Future Threats to Development. By acceptance of this permit, the Owner agrees, on behalf of him/herself and all successors and assigns, that the Owner shall remove the development authorized by this permit, including the primary residence, garage, ADU, pool & spa, decks, patios, foundations, landscape, and hardscape, if any government agency has ordered that the structure(s) is not to be occupied or is otherwise unsafe due to imminent threat of damage or destruction from any shoreline hazard, including but not limited to waves, erosion, storm conditions, liquefaction, flooding, sea level rise. In the event that portions of the development fall to the bluff face, the beach, or are swept to

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another location before they are removed, the Owner shall remove all recoverable debris associated with the development and lawfully dispose of the material in an approved disposal site. Such removal shall require an emergency and/or regular Coastal Development Permit.

9. Ownership Limitation. This Coastal Development Permit is limited to only that time period that the land underlying the development is under the ownership of the applicant or successor in interest. If the public trust boundary moves landward resulting in the development encroaching onto public trust lands, the Coastal Development Permit will expire and the development on such public trust lands must be removed at the property owner’s expense, unless the property owner obtains appropriate legal authorization from the trustee of the public trust lands (e.g., City of Santa Barbara or State Lands Commission) and obtains a new Coastal Development Permit from the California Coastal Commission to authorize any development of public tidelands. Authorization for such development on public trust lands is restricted by the Coastal Act and Public Trust Doctrine and may not be allowed if the proposed use significantly interferes with public access or other public trust uses.

10. Coastal Hazards Liability Limitation. The Owner understands and is advised that the project site and public services to the site (utilities, roads, etc.) may be subject to beach erosion, bluff erosion, coastal bluff slope failure, coastal flooding, wave impacts, or other extraordinary hazards associated with development on a coastal beach, coastal bluff face or top, or in a coastal flood and/or wave impact area, now and in the future, factoring in the effects of sea level rise. The Owner acknowledges that public services to the site may not be maintained in perpetuity due to the impacts of sea level rise. The Owner assumes the risks of injury and damage from such hazards in connection with the permitted development. The Owner unconditionally waives any present, future, and unforeseen claims of damage or liability on the part of the City for injury or damage arising from the aforementioned or other natural hazards and relating to this permit approval, as a condition of this approval. Further, the Owner agrees to indemnify and hold harmless the City and its employees for any alleged or proven acts or omissions and related cost of defense, related to the City's approval of this permit and arising from the aforementioned or other natural hazards whether such claims should be stated by the Owner's successor-in-interest or third parties.

11. Development within Coastal Bluff Edge Development Buffer. The slope stabilization device, and the components of the landscape, hardscape, and drainage system that are located within the Coastal Bluff Edge Development Buffer, shall be subject to the following conditions:
a. Proper maintenance of the improvements is required so that they do not become a safety issue or begin to affect erosion, geologic instability, or destruction of the site or surrounding area;
b. No mechanized construction equipment shall be used for installation or removal; c. If the improvements located within the Coastal Bluff Edge Development Buffer are deemed unusable or unsafe due to imminent threat of damage or destruction from geologic instability, erosion, flooding, wave impact hazards, or other hazards

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associated with development on a coastal bluff or beach, their removal is required.

Removal of said improvements shall also be required when erosion reaches less than 5 feet from said improvements; and
d. The approval of the improvements located within the Coastal Bluff Edge Development Buffer is limited to a maximum 20 years from the Coastal Development Permit date of issuance. When the permit term ends, the Owner shall initiate a re-evaluation of said improvements with the City. If said re-evaluation shows said improvements still meet the standards and conditions listed above, a new Coastal Development Permit shall be obtained to retain the minor improvements. If said re-evaluation shows said improvements do not meet the standards and conditions listed above, approval by the City shall be obtained to allow removal of said improvements.

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

13. Geotechnical Liability Limitation. The Owner understands and is advised that the site may be subject to extraordinary hazards from landslides, erosion, retreat, settlement, or subsidence and assumes liability for such hazards. The Owner unconditionally waives any present, future, and unforeseen claims of liability on the part of the City arising from the aforementioned or other natural hazards and relating to this permit approval, as a condition of this approval. Further, the Owner agrees to indemnify and hold harmless the City and its employees for any alleged or proven acts or omissions and related cost of defense, related to the City's approval of this permit and arising from the aforementioned or other natural hazards whether such claims should be stated by the Owner's successor-in-interest or third parties.

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

C. Design Review. The project is subject to the review and approval of the Single Family Design Board (SFDB). The SFDB shall not grant project design approval until the following Planning Commission land use conditions have been satisfied.

1. Landscape Plan. The final landscape plans submitted for design review Final Approval shall include the following, which shall be verified by the Community Development Director.

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a. Demonstrate consistency with Policies 4.3-11, Landscape Plans Required, and 5.1- 38, Landscaping, Watering, Weight, and Drainage on Coastal Bluff Faces and Coastal Bluff Edge Development Buffers.
b. Clearly show that only native, drought-tolerant vegetation is proposed. c. Clearly show that only minimal manual watering needed for the establishment of new plantings is to occur on the Coastal Bluff Face.
d. Clearly show that only minimal watering, achieved manually or with easily removable drip irrigation tubing, needed for the establishment of new plantings is to occur, within the Coastal Bluff Edge Development Buffer. e. Statement of Compliance signed by the plans preparer certifying that the landscape design complies with the City’s mandatory water conservation elements.

2. Storm Water Management Program (SWMP). Before Design Review Final Approval can be granted the proposed BMPs must comply with specifications described in Chapter 6 of the BMP Guidance Manual, to be verified by Creeks staff. Include cross-section details of all proposed BMPs that demonstrate compliance with these requirements. This includes the grass-crete pavers, and any other permeable hardscape or surface that reduces the amount of impervious area.

3. Tree Protection Measures. The landscape plan and grading plan shall include the following tree protection measures:
a. Tree Protection. All trees four inches in diameter or greater at four feet six inches above grade in height not indicated for removal on the approved landscape plan shall be preserved, protected, and maintained.
b. Replacement. All trees removed shall be replaced on-site on a 1:1 basis with minimum 24-inch box sized trees of an appropriate species or like species, in order to maintain the site’s visual appearance and reduce impacts resulting from the loss of trees.
c. Landscaping Under Trees. Landscaping under the trees shall be compatible with the preservation of the trees, as determined by the SFDB.

4. Appropriate Plants on Coastal Bluff Face and within the Coastal Bluff Edge Development Buffer. Special attention shall be paid to the appropriateness of the existing and proposed plant material on the Coastal Bluff Face and within the Coastal Bluff Edge Development Buffer. All new plantings shall be native, drought tolerant vegetation. All existing succulent plants that add weight to the bluff and/or contribute to erosion shall be removed in a manner that does not disturb the root system and replaced with appropriate plant material in a manner that does not increase the rate of erosion.

5. Irrigation System. The irrigation system shall be designed and maintained with the most current technology to prevent a system failure. Watering of vegetation on the coastal bluff edge shall be kept to the minimum necessary for plant survival. The drip system along the coastal bluff edge shall be removed after one full season of plant growth.

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

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

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

1. Public Works Department.
a. Approved Public Improvement Plans. Public Improvement Plans as identified in condition D.1.c. “Edgewater Way Public Improvements” shall be submitted to the Public Works Department for review and approval. Upon acceptance of completed public improvement plans, a Building permit may be issued if the Owner has bonded for public improvements and executed the Agreement to Construct and Install Improvements (Not a Subdivision).
b. Water Rights Assignment Agreement. The Owner shall assign to the City of Santa Barbara the exclusive right to extract ground water from under the Real Property in an Agreement Assigning Water Extraction Rights. Engineering Division Staff prepares said agreement for the Owner’s signature. c. Edgewater Way Public Improvements. The Owner shall submit C-1 public improvement plans for construction of improvements along the property frontage on Edgewater Way. Plans shall be submitted separately from plans submitted for a Building Permit, and shall be prepared by a licensed civil engineer registered in the State of California. As determined by the Public Works Department, the improvements shall include new and/or remove and replace to City standards, the following: non-City Standard driveway apron modified to meet Title 24 requirements with a maximum width of 14 feet, crack seal to the centerline of the street along entire subject property frontage and slurry seal a minimum of 20 feet beyond the limits of all trenching, connection to City water and sewer mains and utilities, public drainage improvements with supporting drainage calculations and/or hydrology report for installation of drainage pipe or connection to existing City storm drain system, preserve and/or reset survey monuments, supply and install directional/regulatory traffic control signs per the CA MUTCD during construction, and provide adequate positive drainage from site. Any work in the public right-of-way requires a Public Works Permit.
d. Haul Routes Require Separate Permit. Apply for a Public Works permit to establish the haul routes for all construction-related trucks with a gross vehicle weight rating of three tons or more entering or exiting the site.

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e. Construction-Related Truck Trips. Construction-related truck trips for trucks with a gross vehicle weight rating of three tons or more shall not be scheduled during peak hours (7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m.) in order to help reduce truck traffic on adjacent streets and roadways. f. Agreement to Construct and Install Improvements. The Owner shall submit an executed Agreement to Construct and Install Improvements, prepared by the Engineering Division, an Engineer’s Estimate, signed and stamped by a registered civil engineer, and securities for construction of improvements prior to execution of the Agreement.

2. Community Development Department.
a. Recordation of Agreements. The Owner shall provide evidence of recordation of the written instrument that includes all of the Recorded Conditions identified in condition B “Recorded Conditions Agreement” to the Community Development Department prior to issuance of any Building Permits.
b. Implementation of Engineering Geology and Geotechnical Report Recommendations. The project shall comply with the recommendations contained in the Engineering Geology and Geotechnical Engineering Report, prepared by Earth Systems Pacific, dated July 30, 2019 and revised August 18, 2020; and subsequent letters, prepared by Earth Systems Pacific, dated August 14, 2020; February 2, 2021; October 1, 2021; August 17, 2023; December 6, 2023; December 4, 2024; January 22, 2025; February 27, 2025; and the Bluff Edge Exhibits, prepared by Thomas Oschner Architect, dated November 25, 2025. c. Requirement for Archaeological Resources. The following information shall be printed on the grading plans:

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

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

If the discovery consists of possible prehistoric or Native American artifacts or materials, a Barbareño Chumash representative from the most current City Qualified Barbareño Chumash Site Monitors List shall be retained to monitor all

_____________________________________________________________

_____________________________________________________________

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further subsurface disturbance in the area of the find. Work in the area may only proceed after the Planning Division grants authorization. d. Arborist’s Monitoring Contract. Submit to the Planning Division an executed contract with a qualified arborist for monitoring of all work within the drip line of trees during construction. The contract shall include a schedule for the arborist's presence during grading and construction activities, and is subject to the review and approval of the Planning Division.
e. Design Review Requirements. Plans shall show all design, landscape and tree protection elements, as approved by the appropriate design review board and as outlined in Section C “Design Review,” and all elements/specifications shall be implemented on-site.
f. Conditions on Plans/Signatures. The final Resolution shall be provided on a fullsize drawing sheet as part of the drawing sets. Each condition shall have a sheet and/or note reference to verify condition compliance. If the condition relates to a document submittal, indicate the status of the submittal (e.g., Final Map submitted to Public Works Department for review). The following statement shall be signed prior to issuance of any permits:

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

Signed:

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

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

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

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

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

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

5. Arborist Monitoring and Tree Protection. Trees not approved for removal shall be protected during grading and construction activities as follows:
a. All trees within 25 feet of proposed construction activity shall be fenced three feet outside the dripline for protection.
b. No grading shall occur within three feet of the driplines of the existing trees. c. A qualified arborist shall be present during any excavation beneath the driplines of the trees which are required to be protected. All excavation within the driplines of the trees shall be minimized and shall be done with hand tools. d. Any roots encountered shall be cleanly cut and sealed with a tree-seal compound. e. Any root pruning and trimming shall be done under the direction of a qualified Arborist.
f. No heavy equipment, storage of materials or parking shall take place under the dripline of any tree.

6. Air Quality and Dust Control. The following measures shall be shown on grading and building plans and shall be adhered to throughout grading, hauling, and construction activities:
a. During construction, use water trucks or sprinkler systems to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this should include wetting down such areas in the late morning and after work is completed for the day. Increased watering frequency should be required whenever the wind speed exceeds 15 mph. Reclaimed water should be used whenever possible. However, reclaimed water should not be used in or around crops for human consumption.
b. Minimize amount of disturbed area and reduce on site vehicle speeds to 15 miles per hour or less.
c. If importation, exportation and stockpiling of fill material is involved, soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. Trucks transporting fill material to and from the site shall be tarped from the point of origin.
d. Gravel pads shall be installed at all access points to prevent tracking of mud onto public roads.

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e. After clearing, grading, earth moving or excavation is completed, treat the disturbed area by watering, or revegetating, or by spreading soil binders until the area is paved or otherwise developed so that dust generation will not occur. f. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust offsite. Their duties shall include holiday and weekend periods when work may not be in progress. The name and telephone number of such persons shall be provided to the Air Pollution Control District prior to land use clearance for map recordation and land use clearance for finish grading of the structure. g. All portable diesel-powered construction equipment shall be registered with the state’s portable equipment registration program OR shall obtain an APCD permit. h. Fleet owners of mobile construction equipment are subject to the California Air Resource Board (CARB) Regulation for In-use Off-road Diesel Vehicles (Title 13 California Code of Regulations, Chapter 9, § 2449), the purpose of which is to reduce diesel particulate matter (PM) and criteria pollutant emissions from in-use (existing) off-road diesel-fueled vehicles. For more information, please refer to the CARB website at www.arb.ca.gov/msprog/ordiesel/ordiesel.htm. i. All commercial diesel vehicles are subject to Title 13, § 2485 of the California Code of Regulations, limiting engine idling time. Idling of heavy-duty diesel construction equipment and trucks during loading and unloading shall be limited to five minutes; electric auxiliary power units should be used whenever possible. j. Diesel construction equipment meeting the California Air Resources Board (CARB) Tier 1 emission standards for off-road heavy-duty diesel engines shall be used. Equipment meeting CARB Tier 2 or higher emission standards should be used to the maximum extent feasible.
k. Diesel powered equipment should be replaced by electric equipment whenever feasible.
l. If feasible, diesel construction equipment shall be equipped with selective catalytic reduction systems, diesel oxidation catalysts and diesel particulate filters as certified and/or verified by EPA or California.
m. Catalytic converters shall be installed on gasoline-powered equipment, if feasible. n. All construction equipment shall be maintained in tune per the manufacturer’s specifications.
o. The engine size of construction equipment shall be the minimum practical size. p. The number of construction equipment operating simultaneously shall be minimized through efficient management practices to ensure that the smallest practical number is operating at any one time. Construction worker trips should be minimized by requiring carpooling and by providing for lunch onsite.

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7. Discovery of Paleontological Resources. If paleontological resources are discovered in the course of construction, including earth-moving activities or other ground disturbances, the following shall occur:
a. All activity that could damage or destroy these resources shall be immediately halted;
b. A Registered Professional Paleontologist shall examine the site and provide an evaluation of the nature and importance of the resources; c. Mitigation measures shall be implemented to address the impacts of the construction on the resources following the guidance of the City’s Coastal Land Use Plan Policy 4.4-8 In-Situ Preservation and Avoidance Preferred and Policy

4.4-9 Mitigation if In-Situ Preservation is not Feasible; d. The City’s Environmental Analyst shall determine whether the construction or mitigation measures require additional environmental review and/or a new or amended Coastal Development Permit; and
e. The City shall notify the Coastal Commission staff that important paleontological resources were discovered during construction.

Activities that may adversely impact these resources shall not resume without written authorization from the City’s Environmental Analyst that construction may proceed.

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

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

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

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

If the discovery consists of possible prehistoric or Native American artifacts or materials, a Barbareño Chumash representative from the most current City Qualified Barbareño Chumash Site Monitors List shall be retained to monitor all further subsurface disturbance

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in the area of the find. Work in the area may only proceed after the Environmental Analyst grants authorization.

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

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

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

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

G. General Conditions.

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

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

3. Site Maintenance. The existing site/structures shall be maintained and secured. Any landscaping shall be watered and maintained until demolition occurs.

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

_______________________________________________ ____________________________

April 9, 2026
PLANNING COMMISSION RESOLUTION NO. 004–26
2339 EDGEWATER WAY
MARCH 19, 2026
PAGE 15
Applicant/Owner shall execute a written agreement, in a form approved by the City Attorney, evidencing the foregoing commitments of defense and indemnification within thirty (30) days of being notified of a lawsuit regarding the Project. These commitments of defense and indemnification are material conditions of the approval of the Project. If Applicant/Owner fails to execute the required defense and indemnification agreement within the time allotted, the Project approval shall become null and void absent subsequent acceptance of the agreement by the City, which acceptance shall be within the City’s sole and absolute discretion. Nothing contained in this condition shall prevent the City or the City’s Agents from independently defending any Claim. If the City or the City’s Agents decide to independently defend a Claim, the City and the City’s Agents shall bear their own attorney fees, expenses, and costs of that independent defense.

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

A. NOTICE OF COASTAL DEVELOPMENT PERMIT TIME LIMITS:

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

1. Otherwise explicitly modified by conditions of approval for the coastal development permit.

2. A Building Permit for the work authorized by the coastal development permit is issued prior to the expiration date of the approval.

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

This motion was passed and adopted on the nineteenth day of March, 2026 by the Planning Commission of the City of Santa Barbara, by the following vote:

AYES: 4 NOES: 1 (Baucke) ABSTAIN: 0 ABSENT: 2 (Boss and Wardlow) I hereby certify that this Resolution correctly reflects the action taken by the City of Santa Barbara Planning Commission at its meeting of the above date.

Jasper Carman, Commission Secretary Date
PLANNING COMMISSION RESOLUTION NO. 004–26
2339 EDGEWATER WAY
MARCH 19, 2026
PAGE 16
PLEASE BE ADVISED:

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

March 30, 2026
City Council of the City of Santa Barbara
City Hall, 735 Anacapa Street
Santa Barbara, California 93101
RE: APPEAL OF PLANNING COMMISSION DECISION | PLN2020-00014 | 2339 Edgewater Way | APN 041-350-003 | Decision Date: March 19, 2026
Dear Mayor and Members of the City Council of the City of Santa Barbara:

I hereby appeal the decision of the Santa Barbara Planning Commission approving the project at 2339 Edgewater Way PLN 2020-00014. This appeal is timely filed within the applicable appeal period following the March 19, 2026 Planning Commission hearing.

The Planning Commission's approval rests on an uncorrected floor area ratio (FAR) calculation, contains three irreconcilable building height figures, does not confirm compliance with the 6-foot interior setback along the property boundary shared with Appellant, omits conditions required by the applicant's own written commitments and a stipulated court order, and fails to confirm fire code access— all on a 3–1 vote (one member absent) on a bluff-top site that experienced a documented slope failure in 2023. Each of these failures is an independent and sufficient basis for reversal or remand. Together, they demonstrate that the Commission's findings are not supported.

I. Required Appeal Information
Body Whose Decision Is
Being Appealed
Santa Barbara Planning Commission
Date of Decision March 19, 2026
Decision Being Appealed Approval of Coastal Development Permit PLN2020-00014 by a 3–1 vote (one member absent), authorizing demolition of the existing residence and construction of a new two-story 3,784 SF (net) residence with 559 SF basement, detached 494 SF (net) two-car garage with 452 SF ADU above, pool, spa, cabaña shade structure, covered patio, driveway, drainage improvements, and landscaping at 2339 Edgewater Way, a bluff-top lot in the appealable jurisdiction of the Coastal Zone, E-3/SD-3 zone.

Appellant's Name Alexandra Hack
Mailing Address 2327 Edgewater Way, Santa Barbara, CA 93109 Telephone 626 841 1110
Email [email protected]
Affected Properties 2327 Edgewater Way (APN 041-350-005) and 2337 Edgewater Way (APN 041-350-004), Santa Barbara, CA 93109 — immediately adjacent to the subject parcel and sharing interior property boundaries with it.

ATTACHMENT 4

II. Appellant's Standing and Interest
Appellant Alexandra Hack owns the two parcels immediately adjacent to and sharing interior property lines with the subject parcel: 2327 Edgewater Way (APN 041-350-005) and 2337 Edgewater Way (APN 041-350-004). Appellant participated throughout the entitlement process, submitting written correspondence that is acknowledged in the administrative record at the SFDB concept review hearings of June 6, 2022, August 15, 2022, and October 24, 2022, and at the March 19, 2026 Planning Commission hearing.

Appellant is also a party to a stipulated court order enforcing a lot line adjustment settlement agreement between the subject parcel and the adjacent parcels — an agreement whose obligations bear directly on conditions that the Conditions of Approval fail to include.

The approved project proposes structures that abut and in several places appear to encroach into the 6-foot interior setback shared with Appellant's 2337 Edgewater Way parcel, proposes a mass and scale that the SFDB itself repeatedly asked to be reduced specifically in relation to the neighboring parcels, and carries unresolved obligations running directly to Appellant as courtorder party.

III. Grounds for Appeal
The following grounds each independently support reversal or remand. They are supported by specific citations to the approved plans, the Staff Report dated March 12, 2026, and the ACA case activity history for PLN2020-00014.

Ground 1 — FAR Calculated on incorrect Net Lot Area — Correct Area Is 31,442 SF
Planning Commission Resolution 011-24, adopted at the September 12, 2024 hearing, approved a Lot Line Adjustment (LLA PLN2022-00368) transferring 2,497.73 square feet of land from the subject parcel (2339 Edgewater Way, APN 041-350-003) to Appellant's parcel at 2337 Edgewater Way (APN 041-350-004). Following the adjustment, 2339 Edgewater Way will have a corrected lot area of 31,442 square feet, as established by Resolution 011-24.

The FAR calculations, presented on Cover Sheet T-1.0 of the project plans reference a lot area of 33,945 sf which is grossly overstated and incorrect. This does not reflect the correct post-LLA lot area of 31,442 square feet established by Resolution 011-24.

Under SBMC §28.15, the FAR maximum is calculated as a function of net lot area. Using an overstated lot area inflates the FAR maximum and therefore inflates the apparent headroom available to the project. The Staff Report's zoning statistics table did not include FAR at all, making it impossible for the Commission to have evaluated whether the proposed 4,730 SF (with ADU) complies with the correctly calculated maximum. The Commission's finding that 'the project is compliant with all applicable zoning regulations' is facially unsupported.

The only FAR calculations in the record use a lot area that contradicts the lot area established by the Commission's own prior resolution (011-24). This must be corrected before any approval can be made.

Ground 2 — FAR Calculator Enters 25% Slope —Actual Slope Is 31% The SBMC §28.15 FAR calculator on Cover Sheet T-1.0 enters an average lot slope of 25.00% in all three calculation scenarios. This figure is contradicted by the project's own record:
• The Project Data table on the same sheet (T-1.0) states: SLOPE: 31% • The Staff Report, Section V.A (Site Information), states: Topography: 31% average slope • The topographic survey (Sheet S-1) confirms the site's steep coastal bluff character, consistent with 31% average slope
• The E-3/SD-3 (Hillside Design District) overlay applies to this site precisely because it exceeds hillside slope thresholds
The distinction between 25% and 31% is not a rounding difference — it is a code-significance threshold. Under the SD-3 Hillside Design District overlay, 31% slope crosses the threshold that triggers heightened review standards. Entering 25% instead of 31% artificially inflates the maximum FAR output of the §28.15 formula, creating apparent compliance headroom that does not exist when the correct inputs are used.

The project as proposed —4,730 SF with the ADU — is presented as being 98% of maximum, based on the inflated maximum derived from the wrong slope. On a corrected basis, the true percentages of the true maximum are unknown because no correct calculation appears anywhere in the record. The slope figure in the FAR calculator contradicts the slope stated on the same plan sheet and in the Staff Report. No explanation is offered. No correct FAR analysis has been performed. A corrected FAR analysis using the confirmed 31% slope and the confirmed post-LLA lot area of 31,442 SF should be required before any approval may be reinstated.

Furthermore, the FAR of the adjacent 2327 Edgewater Way, which was built in 2022, is 82% and does not include an ADU. The project at 2339 Edgewater Way is out of context with the surrounding neighborhood, as is further evidenced by the story pole displays shown in photos below. The project is located incredibly close to our property line and encroaches within 6 foot setback requirements from the newly recorded property lines established post-LLA. In particular, 2337 Edgewater Way is severely impacted by the intrusive mass and bulk of the 2339 Edgewater.

It should also be noted that the size and scale of 2339 Edgewater Way as depicted by the story poles grossly exceeds the comparable dimensions of my home at 2327 Edgewater Way, which was recently built in 2022. The mass and height is completely beyond the reasonable scale of the neighborhood and especially my adjacent property. All of the following photos were taken on March 19th 2026 from vantage points located solely on my adjacent properties.

Ground 3 -- Grading Volume Likely Triggers a Mandatory FAR Modification Under SBMC §28.15, a FAR Modification is a separate, required discretionary approval when two conditions are both met: (1) proposed buildings exceed 17 feet in height — here uncontested by any party; and (2) the project includes 500 or more square yards of grading outside the main building footprint.

The Cover Sheet FAR calculator answers 'No' to the second condition, representing that grading outside the main building footprint is less than 500 square yards (4,500 square feet). This representation is not supported by the plans. The project proposes the following improvements entirely outside the main building footprint:
• 583 cubic yards of cut grading and 105 cubic yards of fill • Pool and spa excavation
• New motor court
• Permeable driveway replacement
• Cabaña shade structure (221 SF gross planning area)
• Covered patio (992 SF gross planning area)
• Two bioretention basins for stormwater treatment
• Underground StormTech infiltration chamber system
• V-ditch drainage system and pump station along the bluff edge • Remedial grading along the coastal bluff face
The combined footprint of these improvements — the pool, spa, motor court, driveway, cabaña, covered patio, bioretention basins, and drainage infrastructure — substantially exceeds 4,500 square feet on a 31,442-square-foot lot. If the FAR Modification threshold is triggered, the 'No'

answer in the calculator is incorrect, a FAR Modification would be required as a separate discretionary approval, and the project as approved cannot proceed without it.

Ground 4 — Interior Setback Encroachments Along the East Property Boundary The required interior setback in the E-3 zone is 6 feet from all interior property lines (SBMC §28.87.020). The east interior property line of 2339 Edgewater Way is shared with Appellant's parcel at 2337 Edgewater Way, the property from which the 2,497.73 SF LLA transfer originated.

Dimensions on the Face of the Plans
The Enlarged Site Plan (Sheet A-1.2) shows the following labeled dimensions between the east face of the main residence and the east property line:

Location on East
Elevation
Dimension
Shown
Compliant? Shortfall
Northernmost point
of main house east
wall
6'-0" At limit — no margin 0" — exactly at minimum
Southeastern
portion of main
building
2'-2¾" ENCROACHMENT — ~3'-
9" into setback
~3'-9" short of 6' minimum
Lower southeast
corner / pool deck
area
2'-4¾" ENCROACHMENT — ~3'-
7" into setback
~3'-7" short of 6' minimum
The dimensions of 2'-2¾" and 2'-4¾", appearing between the building wall face and the labeled east property line on Sheet A-1.2, represent encroachments of approximately 3'-9" and 3'-7", respectively, into the required 6-foot interior setback — violations of SBMC §28.87.020.

The March 19th 2026 Staff Report's zoning compliance table notes interior setbacks as 'Variable, Compliant' — a single generic notation without any supporting dimension, without identifying where the minimum is achieved, and without acknowledging the sub-6-foot dimensions clearly visible on the face of the submitted plans. This boilerplate finding is insufficient to establish compliance when the plans themselves show dimensions materially below the required minimum along the boundary shared with Appellant's property.

The plans submitted for approval show dimensions of 2'-2¾" and 2'-4¾" on the east face of the main building — below the 6-foot minimum by nearly 4 feet at the worst point. The Staff Report finding of 'Variable, Compliant' does not address these dimensions.

It should be requirement for Staff to provide a point-by-point setback verification along all four interior boundaries with specific dimensions, and require the applicant to demonstrate that no building element is within 6 feet of any interior property line before any approval may be reinstated.

Ground 5 — SFDB Concept Review Comments Never Confirmed Resolved The Planning Commission made findings and approved the project on the following grounds, as stated in the March 19th 2026 Staff report: “If approved as proposed, the project would conform to the City’s Zoning and Building Ordinances and policies of the Coastal Land Use Plan. In addition, the site location; size, bulk, and scale; and landscaping and screening are appropriate, per the Single Family Design Board’s October 24, 2022 concept review comments. Therefore, staff Staff Report Mischaracterizes the October 2022 SFDB Outcome FAR Reduction Toward 85% of the Maximum Guideline

Removal of Second-Floor Easterly Deck — Privacy Impact on Appellant's Property

SFDB repeatedly references lowering Plate Heights
recommends that the Planning Commission approve the project, making the findings outlined in Section VI of this report, and subject to the conditions of approval in Exhibit A.” The project appeared before the Single Family Design Board for concept review on four occasions between 2020 and 2022. The SFDB made the following specific, recurring requests — directed specifically at the relationship between this project and the adjacent properties, including Appellant's parcels — none of which are confirmed as implemented in the findings.

The Planning March 19th 2026 Staff Report states that size, bulk, and scale are 'appropriate, per the Single Family Design Board's October 24, 2022 concept review comments.' The October 2022 meeting, however, did not produce an approval — it resulted in a continuation with additional reduction requests. The Board's motion was to continue indefinitely to the Planning Commission with comments that included the plate height reduction request. The Staff Report presents the October 2022 continuation as though it were affirmative SFDB endorsement of the current design, which is an inaccurate characterization of the record.

On at least two separate occasions, the SFDB explicitly requested that the applicant reduce the project's FAR:
"Study to reduce the FAR of the primary residence to help reduce the overall site FAR to be closer to 85% of the maximum guideline." — SFDB Concept Review, August 15, 2022
"Consider a reduction in floor-to-lot-area ratio (FAR)." — SFDB Concept Review, June 6, 2022
The project was not reduced. The proposed FAR — calculated with incorrect inputs — remains at 98% with the ADU. On corrected inputs (31% slope, 31,442 SF lot), the FAR percentage may be higher still. The SFDB's explicit, repeated guidance to reduce FAR was disregarded, and the Staff Report does not explain why.
"For privacy reasons the Board requests removal of the deck off the master bath on the second floor on the easterly side of the primary residence. Additionally the balcony cannot be within 18 feet." — SFDB Concept Review, August 15, 2022 The easterly elevation faces Appellant's parcel at 2337 Edgewater Way directly. Whether the second-floor easterly deck was removed, relocated, or remains as proposed is not addressed in the Staff Report. No finding confirms this privacy concern was resolved.

The SFDB concept review on October 24, 2022 requested to “study lowering the plate heights” of the project “as a reduction may help the building be more in balance”. The June 2022 review made the same request: 'Reduce the proposed plate heights.' The building sections in the approved plans do not confirm these reductions were implemented.

It should be required that there is confirmation that all SFDB concept review comments — specifically FAR reduction, easterly deck removal, and plate height reduction — were addressed in the final design, before Project Design Approval, Final Design Approval, and any reinstated CDP can issue.

Ground 6 — Utility Pole Relocation and Service Continuity — Condition Omitted Planning Commission Resolution 011-24, adopted at the September 12, 2024 LLA hearing, references the applicant's written commitment — as stated in the Applicant Letter dated March 4, 2024, authored by Jarrett Gorin of Vanguard Planning — that:
"An existing utility pole located at the northwest corner of APN 041-350-005 will be removed or relocated to provide unobstructed access to Adjusted Parcel 2 (2337 Edgewater Way)." — Applicant Letter, March 4, 2024 / referenced in Resolution 011-24 This commitment is further memorialized in a stipulated court order as part of the settlement agreement regarding the Lot Line Adjustment, to which Appellant is a party. Additionally, the utility power shall be continued through 2339 Edgewater Way to 2337 Edgewater Way — i.e., the live utility wire serving Appellant's parcel must remain uninterrupted throughout construction and upon project completion. This is to be implemented at 2339 Edgewater Way applicant’s complete expense as agreed upon and stipulated in the record.

At the March 19, 2026 hearing, the Planning Commission discussed the utility pole relocation, however the CDP Conditions of Approval as adopted do not include this obligation as an express condition. This omission allows the applicant to proceed under the CDP while the utility obligation — which is both an applicant commitment and a stipulated requirement — remains unenforceable through the permitting process.

It is requested that the Conditions of Approval include:
• An express condition requiring removal or relocation of the existing telephone/utility pole at the northwest corner of APN 041-350-005, consistent with Resolution 011-24 and the stipulated court order, as a precondition to building permit issuance. • An express condition of maintenance of continuous, uninterrupted live utility service to 2337 Edgewater Way (APN 041-350-004) throughout all phases of construction and upon project completion.

I humbly request that the City Council modify and add the utility pole relocation and service continuity as express conditions of approval, enforceable through the building permit process, consistent with the applicant's written commitments and the stipulated court order.

Ground 7 — Fire Code Access Requirements —Departmental Comments Unresolved
The ACA case activity history for PLN2020-00014 shows the Santa Barbara Fire Department issued access comments on the current plan set. Neither has been confirmed resolved in the record, and neither is addressed in the Conditions of Approval.

Unobstructed Road Width — MC 8.04, §§503.1.1 and 503.2.1 "ACCESS: MC 8.04, Section 503.1.1 and 503.2.1 — Access roadways serving three or fewer single family residences shall have an unobstructed road width of 16 feet to within 150 feet of all exterior walls of the structure." — Fire Department Review, April 2025
The Site Plan (Sheet A-1.1) annotates 'FIRETRUCK ACCESS TO 150' FROM FURTHEST POINT OF STRUCTURE,' confirming the applicant is aware of the 150-foot standard. However, the plan also shows a new vehicular gate across the driveway entry and a 6-foot high chain-link fence flanking the driveway. The 150-foot measurement must reach all exterior walls of each structure — including the detached garage/ADU, which sits on a separate footprint from the main residence. Whether the driveway, as configured and gated, maintains 16 feet of unobstructed width to within 150 feet of all exterior walls of all structures has not been confirmed in the record.

This is important to address access requirements to 2337 Edgewater Way and 2327 Edgewater Way is not encumbered by 2339 Edgewater Way improvement plans.

No condition of approval requires Fire Department sign-off on this geometry. The record does not show a subsequent Fire Review confirming these comments were resolved on the current plans.

Ground 8 Building Height — Three Irreconcilable Figures Across the Plans and Staff Report
The project's building height is stated differently in three locations within the record, with no explanation for the discrepancy:

Source Height Stated Notes
Cover Sheet T-1.0 — Project
Data table
24'-7¾" Listed under BUILDING HEIGHT in project
data
Building Sections A-5.1 — T.O.

Parapet 1
23'-5" Dimensioned consistently across all f our
section cuts A-5.1 through A-5.4
Staff Report — Zoning Statistics
Table
25'-2" Used as the figure for code compliance
determination
The spread between the lowest figure (23'-5" from the building sections) and the controlling figure used by staff (25'-2") is nearly 22 inches. On a sloped coastal bluff lot, building height is measured from averaged finished grade — a methodology that depends critically on which grade points are selected, how they are averaged, and from what datum they are measured. None of this is disclosed in the record. The Commission's condition of approval states only that height 'shall not exceed 30 feet above finished grade,' which is the code maximum — not an independent verification that the proposed height has been accurately determined. A 22-inch discrepancy across the submitted plans is not a minor annotation difference; it represents a fundamental inconsistency in how this project's most visible code standard is characterized.

Cumulative Scale Impact on Adjacent Properties
2327 Edgewater Way carries a floor-to-lot-area ratio of approximately 82% of the maximum FAR guideline — achieved through careful, code-compliant design on a similarly configured bluff-top lot. The approved project at 2339 Edgewater Way proposes 98% of the maximum guideline under the applicant's own (incorrect) inputs. On a corrected basis — using 31% slope and the post-LLA lot area of 31,442 SF — the actual FAR percentage may be higher.

The SFDB recognized this disparity. On two separate occasions it asked the applicant to reduce the FAR of the primary residence toward 85% of the maximum guideline. It asked for removal of an easterly second-floor deck specifically because of the privacy impact on the adjacent property — Appellant's parcel. It asked for plate height reductions because of the building's visible mass relative to neighbors. None of these requests were confirmed as implemented.

A structure at 98% of maximum FAR, with unconfirmed plate heights, an unresolved easterly deck, and building elements appearing within 2'-2¾" of the shared property line, will bear directly and disproportionately on Appellant's enjoyment of my adjacent property — views, natural light, privacy, and the character of the residential setting.

The Commission's finding of appropriate size, bulk, and scale was reached without verified FAR compliance, without SFDB comment confirmation, and without resolution of the setback issues identified herein.

V. Relief Requested
I respectfully request that the City Council reverse the Planning Commission's approval of CDP PLN2020-00014, or alternatively remand the project to staff with instructions to address all of the aforementioned matters before any approval may be reinstated.

VI. Conclusion
The March 19, 2026 Planning Commission approval of CDP PLN2020-00014 is not supported by substantial evidence that this project complies with applicable development standards. The floor area ratio was computed with two incorrect inputs (wrong slope, wrong lot area), is absent from the zoning compliance table, and was never verified against the standards the Commission was required to apply. The building height is stated three different ways across the record with no resolution. Plans submitted for approval show building dimensions on the shared east boundary of 2'-2¾" — nearly four feet short of the required 6-foot setback minimum. An open Fire Department access comment was not resolved or conditioned. Commitments made by the applicant in writing and memorialized in a stipulated court order are absent from the Conditions of Approval. And the SFDB's repeated, project-specific requests to reduce the mass and scale of a building that bears directly on Appellant's adjacent property were neither implemented nor explained.

I humbly ask the City Council to ensure that a project of this size and complexity — on a documented unstable coastal bluff, immediately adjacent to my property, approved by the narrowest possible majority — is reviewed on a complete and accurate record before proceeding.

Respectfully submitted,
Alexandra Hack
Owner, 2327 Edgewater Way and 2337 Edgewater Way
Santa Barbara, California 93109
(626)841-1110
[email protected]
Date: March 30, 2026
The factual and legal positions stated in this appeal letter are supported by the administrative record for PLN2020-00014, including the approved plan sheets (Cover Sheet T-1.0; Site Plans A-1.1 and A-1.2; Floor Plans A-2.10 and A-2.20; Building Sections A-5.1 through A-5.4), the Staff Report dated March 12, 2026, the ACA case activity history for PLN2020-00014, Planning Commission Resolution 011-24 (September 12, 2024), the Applicant Letter dated March 4, 2024, and the SFDB concept review minutes of June 6, August 15, and October 24, 2022.

City of Santa Barbara

SINGLE FAMILY DESIGN BOARD

MINUTES
OCTOBER 24, 2022
3:00 P.M.

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

Brian Miller, Chair
Leslie Colasse, Vice Chair
Lauralee Anderson
Ohan Arakelian
Katie Klein
CITY COUNCIL LIAISON:

Meagan Harmon
PLANNING COMMISSION LIAISON:

Sheila Lodge
STAFF:

Ellen Kokinda, Design Review Supervisor
Holly Garcin, Assistant Planner
Kathleen Goo, Commission Secretary

CALL TO ORDER
The Full Board meeting was called to order at 3:02 p.m. by Chair Miller.

ATTENDANCE
Members present: Miller, Colasse, Anderson, Arakelian, and Klein (at 3:45 p.m.) Members absent: None
Staff present: Ellen Kokinda (@ 3:45 p.m.) Garcin, and Goo

GENERAL BUSINESS
A. Public Comment:

Two written General correspondence were announced from A. Michael Marzolla regarding 1263 Ferrelo Rd. reviewed at the September 12, 2022 Full Board hearing, and from Ruth Johnson regarding 1239 E Cota Street & 1241 E Cota Street projects reviewed at the October 17, 2022 Consent hearing.

B. Approval of Minutes:

Motion: Approve the minutes of the Single Family Design Board meeting of October 10, 2022, as submitted.

Action: Colasse/Arakelian, 4/0/0. (Klein absent.) Motion carried.

C. Approval of the Consent Calendar:

Motion: Ratify the Consent Calendar of October 17, 2022, as reviewed by Board Members Colasse and Klein.

Action: Arakelian/Anderson, 3/0/1. (Colasse abstained. Klein absent.) Motion carried.

ATTACHMENT 5

Single Family Design Board Minutes October 24, 2022 Page 2 of 8 Motion: Ratify the Consent Calendar of October 24, 2022, as reviewed by Board Members Colasse and Klein.

Action: Colasse/Arakelian, 4/0/0. (Klein absent.) Motion carried.

D. Announcements, requests by applicants for continuances and withdrawals, future agenda items, and appeals:

1. Ms. Garcin announced the following:
a. An additional special Full Board meeting will be held on Wednesday, November 30, 2022, beginning at 3:00 p.m., and staff thanked the Board for volunteering their personal time in order for staff to reduce the backlog of pending items for Full Board review. b. Advisory Board recruitment applications for appointments closed last week, with interviews scheduled the first half of November, and appointment should be made by December 6, 2022. The City Clerk’s Office will inform staff of any updates and appointments made at that time.
c. On Tuesday, October 25, 2022, at 2:00 p.m., City Council will review and discuss Agenda Item #13, Single Family Design Board Membership Criteria and Quorum Requirements (in-person or Zoom attendance is available).
d. Board member Klein will be stepping down from Item 1, 2501 Medcliff Rd. and will be attending the meeting later.

E. Subcommittee Reports:

No subcommittee reports.
(3:15PM) CONTINUED ITEM: CONCEPT REVIEW

1. 2501 MEDCLIFF ROAD
Assessor's Parcel Number: 041-330-054
Zone: E-3/SD-3
Application Number: PLN2022-00175
Owner: Guillaume de Zwirek & Katie Gerphede
Architect: Martha & Will Gray, Gray / Gray Architects
Applicant: Trish Allen, SEPPS INC.
(Proposal to demolish the existing 970 square-foot, residence and 230 square -foot garage, and construct a two-story 3,970 square-foot single-unit residence, a 478 square-foot below grade basement, and a 586 square-foot garage attached to the residence by a breezeway. The project also includes an on-site guest parking space and a pool/spa. Two oak trees are to be removed and three 36” boxed Oak tree replacements are proposed. The proposed total of 4,556 square feet on a 24,580 square-foot lot is 96% of the maximum guideline floor-to-lot area ratio. The project site is located in the Hillside Design District and the appealable jurisdiction of the Coastal Zone. Planning Commission review and approval of a Coastal Development Permit (CDP) is required.) No final appealable decision will take place at this hearing. Neighborhood Preservation Findings, Hillside Design District & Sloped Lot Findings, and Grading Findings will be required

Single Family Design Board Minutes October 24, 2022 Page 3 of 8 when the project is reviewed for Project Design Approval. Project was last reviewed on September 26, 2022.

RECUSAL: To avoid any actual or perceived conflict of interest, Board Member Klein recused herself from hearing this item.

Actual time: 3:09 p.m.

Present: Trish Allen, SEPPS Inc.; Will Gray, Gray Architects, LLP; and Kelly Brodison, Associate Planner
Staff comments: Ms. Brodison clarified that the lot was originally a much larger lot, and the Applicant had previously complied with reducing the size of the lot, and has also complied with larger setbacks.

Public comment opened at 3:19 p.m., and as no one wished to speak, it closed.

Written correspondence from Ann Bronstein was acknowledged.

Motion: Continue indefinitely to Planning Commission for return to Full Board with comments:

1. The Board agrees that the nature of the design and the proposed detailing is an example of great architecture.

2. The Board appreciates the more muted white color proposed on the body of the residence; some Board Members would like to see a greater depth of color.

3. The Board agrees that the detailing presented reflects true historical farm house architecture.

4. The Board recognizes that the large lot creates a FAR guideline and is not a FAR requirement; however, two Board Members disagree with the size and massing of the home relative to the immediate neighborhood.

Action: Colasse/Miller, 4/0/0. (Klein absent.) Motion carried. (3:55PM) CONTINUED ITEM: CONCEPT REVIEW

2. 2339 EDGEWATER WAY
Assessor's Parcel Number: 041-350-003
Zone: E-3/SD-3
Application Number: PLN2020-00014
Owner: Curt Custard
Architect: Tom Ochsner
Applicant: Jarrett Gorin, Vanguard Planning
(Proposal to demolish the existing 1,976 square foot two-story single-unit residence and the 200 square foot garage, and construct a new 3,707 square foot two-story single-unit residence and a detached accessory building comprised of a 499 square foot garage, and 458 square foot Accessory Dwelling Unit (ADU) above. Project includes a pool, patios, new pergola, driveway, drainage, hardscape, and landscape improvements. Project will address violations outlined in ENF2018-00339 by removing an unpermitted retaining wall and fill grading. The proposed total of 4,664 square feet on a 33,945 square foot lot is 96% of the maximum guideline floor-to-lot area ratio. Planning Commission review and approval is required for a Coastal Development Permit (CDP).)

Single Family Design Board Minutes October 24, 2022 Page 4 of 8 No final appealable decision will take place at this hearing. Neighborhood Preservation Findings and Hillside Design District & Sloped Lot Findings will be required when the project is reviewed for Project Design Approval. The project was last reviewed on August 15, 2022.

RECUSAL: To avoid any actual or perceived conflict of interest, Board Member Arakelian recused himself from hearing this item due to economic conflicts.

Actual time: 3:58 p.m.

Present: Liz Hughes, Architect; Jarrett Gorin, Vanguard Planning; and Andrew Fowler, Landscape Architect
Staff comments: Ms. Kokinda clarified that from participation stand point, until Board Member Anderson can review all of the available proposed project information, including plans, minutes, videos, public comment, etc., she could only ask questions, and must abstain from project comments and from the motion on the proposed project at this meeting.

Public comment opened at 4:15 p.m., and as no one wished to speak, it closed.

Written correspondence from Carol & Alex Hack was acknowledged.

Motion: Continue indefinitely to Planning Commission for return to Full Board with comments:

1. The Board finds the proposed size, bulk, and scale of the home are appropriate.

2. The Board appreciates the Applicant’s response to the Board’s previous comments.

3. Study lowering the plate heights of the ADU addition so that the first floor is at 9-feet in height and the second floor is at 8-feet in height due to the narrowness of the structure, as a reduction may help the building be more in balance.

4. The Board finds the landscape appropriate, and that the screening provided will help screen the project from the adjacent properties.

5. The Board finds the placement of the residence is appropriately setback from the street, as the style of the architecture and distance from the street causes minimal impacts of size, bulk, and scale in terms of its location on the property.

Action: Miller/Colasse, 3/0/1. (Anderson abstained. Arakelian stepped down.) Motion carried.

Single Family Design Board Minutes October 24, 2022 Page 5 of 8 (4:30PM) CONTINUED ITEM: PROJECT DESIGN APPROVAL AND FINAL APPROVAL

3. 229 VISTA DEL MAR DRIVE
Assessor's Parcel Number: 047-061-023
Zone: E-3/SD-3
Application Number: PLN2021-00474
Owner: Vista Del Mar LLC
Architect/Applicant: Kevin Moore
(Proposal to construct a two-story 1,200 square foot detached Accessory Dwelling Unit (ADU), including a 200 square foot covered deck, and a 200 square foot second floor deck, associated with an existing one-story 1,920 square foot single-unit residence and an attached 446 square foot garage, located in the Hillside Design District and Non-Appealable Jurisdiction of the Coastal Zone. Staff Hearing Officer approval of a Coastal Development Permit (CDP) was granted on March 23, 2022. The proposed total of 3,566 square foot of development on a 27,230 square foot lot is 75% of the maximum guideline floor-to-lot-area ratio (FAR).)
Project Design Approval and Final Approval is requested. Neighborhood Preservation Findings and Hillside Design District & Sloped Lot Findings are required. The project was last reviewed on September 20, 2022.

Actual time: 4:30 p.m.

Present: Kevin Moore, Architect
Public comment opened at 4:37 p.m.

The following individuals spoke:

1. Jeff Harris (w/pictures)

2. Paul Margolis (w/laptop pics)

3. Cameron Porter

4. Anthony Chaves
Public comment closed at 4:48 p.m.

Written correspondence from Gregory Ofner that was read into the record, and from Debra Eaton that was acknowledged.

Public comment re-opened at 5:10 p.m.

5. Cecelia Fock
Public comment re-closed at 5:12 p.m.
* THE BOARD RECESSED FROM 5:17 TO 5:21 P.M. *
Staff Comments: Ms. Kokinda clarified for the Board the Permit Streamlining Act and the required time limit for a Board decision on the proposed project for either approval, denial, or continuance. And later recommended a continuance so that the Applicant could check with the client and find alternatives.

Single Family Design Board Minutes October 24, 2022 Page 6 of 8 Motion: Continue to the date-certain SFDB Full Board meeting of November 30, 2022 with comments:

1. The proposed size, bulk, and scale is still out of proportion with the existing home.

2. Study lowering the plate heights.

3. The Board appreciates the roof lines matching the existing home; however, study relocating the existing structure further back on the property.

4. The Board appreciates the new structure matching the materials on the existing home for a more matched appearance.

5. Study the size and shape of the tree selection to be larger in the front and more column-like along the property line in order to improve the screening for the adjacent neighbors.

6. Study reducing the second story so that the scaling of the second floor ties in better with the existing home and to blend the aesthetics and enhance the neighborhood.

Action: Miller/Klein, 3/2/0. (Colasse and Arakelian opposed.) Motion carried.

Individual comments: Board Member Arakelian stated that he opposed the motion because he believes that the plate heights should not be lowered. Board Member Colasse stated that she opposed the motion because she believes the proposed changes are out of scale relative to the existing neighborhood at large; and that privacy cannot be ensured for the adjacent property to the south regardless of screening; and that the proposed project is too large for the neighborhood/site. (5:20PM) CONTINUED ITEM: PROJECT DESIGN APPROVAL

4. 2121 LAS TUNAS ROAD
Assessor's Parcel Number: 019-013-001
Zone: RS-1A (A-1)
Application Number: PLN2020-00544
Owner/Applicant: Ian Williamson, Madrone LLC
Architect: Adam Osterhoff, AIA
(Proposal to construct a new 4,413 square foot, two-story, single-unit residence with a detached 713 square foot detached garage, and a covered deck and porch located on a vacant lot in the Hillside Design District. The project includes a new driveway, a lap pool, and associated site and landscape improvements, including removal of Eucalyptus and Coast Live Oak trees, to be replaced with 21 new replacement Oak trees and other trees/landscape. The proposed total of 4,290 square feet on a 46,294 square foot lot is 86% of the maximum guideline floor-to-lot area ratio (FAR).) Project Design Approval is requested. Neighborhood Preservation Findings and Hillside Design District & Sloped Lot Findings are required. Project was last reviewed on July 5, 2022.

Actual time: 5:33 p.m.

Present: Ian Williamson and Bree Wright, Property Owners Public comment opened at 5:43 p.m., and as no one wished to speak, it closed.

The following individuals spoke:

1. Craig Ensley
Written correspondence from Jeff & Bruna Bryne was acknowledged.

Single Family Design Board Minutes October 24, 2022 Page 7 of 8 Public comment closed at 5:47 p.m.

Straw vote: How many Board Members can support lowering the proposed plate height of the lower floor from 13-feet to 10-feet? 2/2 (Anderson abstained) Tied.

Motion: Project Design Approval and continued indefinitely to Consent with the following condition and findings:

1. Reduce the plate height of the first floor from 13-feet to 12-feet in height.

2. The Neighborhood Preservation Ordinance criteria have been met as stated in Subsection 22.69.050 of the City of Santa Barbara Municipal Code:
a. The proposed development is consistent with the scenic character of the City and will enhance the appearance of the neighborhood.
b. The proposed development is compatible with the neighborhood, and its size, bulk, and scale is appropriate to the site and neighborhood, as the applicant is working with the natural topography and the site.
c. The proposed buildings and structures are designed with quality architectural materials and details. The proposed materials and colors maintain the natural appearance of the ridgeline or hillside as far as materials such as sandstone. d. The City Arborist has review all the trees on the property and appropriate mitigation is being implemented for both existing trees and new trees. The proposed project does not include the removal of or significantly impact any designated Specimen Tree, Historic Tree or Landmark Tree. The proposed project, to the maximum extent feasible, preserves and protects healthy, non-invasive trees with a trunk diameter of four inches (4”) or more measured four feet (4’) above natural grade.

If the project includes the removal of any healthy, non-invasive tree with a diameter of four inches (4”) or more measured four feet (4’) above natural grade, the project includes a plan to mitigate the impact of such removal by planting replacement trees in accordance with applicable tree replacement ratios. e. The public health, safety, and welfare are appropriately protected and preserved. f. The project generally complies with the Good Neighbor Guidelines regarding privacy, landscaping, noise, and lighting is very minimal and follows the dark sky Ordinance.
g. The development, including proposed structures and grading, preserves significant public scenic views of and from the hillside.

3. The Hillside Design District and Sloped Lot criteria have been met as stated in Subsection 22.69.050 of the City of Santa Barbara Municipal Code:
a. The development, including the proposed structures and grading, is appropriate to the site, is designed to avoid visible scarring, and does not significantly modify the natural topography of the site, as a great portion of the architecture has been sunk into the hillside.
b. The development maintains a scale and form that blends with the hillside by minimizing the visual appearance of structure(s) and the overall height of structures.

Action: Klein/Miller, 4/0/1. (Anderson abstained.) Motion carried.

The ten-day appeal period was announced.

Single Family Design Board Minutes October 24, 2022 Page 8 of 8 (5:55 PM) CONTINUED ITEM: PROJECT DESIGN APPROVAL AND FINAL APPROVAL

5. 2731 EL PRADO ROAD
Assessor's Parcel Number: 051-281-007
Zone: RS-7.5/USS (E-3/SD-2)
Application Number: PLN2022-00167
Owner: Nicholas Bachman
Architect: Dennis Thompson
(Proposal for additions to an existing 1,560 square foot single-unit residence and a 448 square foot garage, comprised of a 113 square foot first floor addition, a 903 square foot second story addition, and a 186 square foot second story deck. Project includes new windows, exterior paint, and standing seem slate grey metal roof. The proposed total of 3,024 square feet on a 10,679 square foot lot is 79% of the maximum required floor-to-lot area ratio (FAR).)
Project Design Approval and Final Approval is requested. Neighborhood Preservation Findings are required. Project was last reviewed on September 26, 2022.

Postponed to the date-certain SFDB Full Board meeting of November 7, 2022. * MEETING ADJOURNED AT 6:15 P.M. *
1 Resolution No.

A RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA

BARBARA DENYING THE APPEAL OF ALEXANDRA HACK AND

UPHOLDING THE DECISION OF THE PLANNING COMMISSION TO

APPROVE A COASTAL DEVELOPMENT PERMIT FOR THE
RESIDENTIAL DEVELOPMENT AT 2339 EDGEWATER WAY
WHEREAS, Jarrett Gorin, agent for Curt Custard, property owner (hereinafter “Owner”), applied for a Coastal Development Permit (PLN2020-00014) for abatement of an enforcement case, permitting of work completed under an Emergency Coastal Development Permit, and redevelopment of the site located at 2339 Edgewater Way (APN 041-350-003) to include a new 4,343-square-foot single-unit residence with a 494-square-foot garage, a 452-square-foot Accessory Dwelling Unit, and pool with a cabaña, on a 31,462-square-foot lot;
WHEREAS, on March 17, 2026, the Planning Commission conducted a duly noticed site visit to the property;
WHEREAS, on March 19, 2026, the Planning Commission conducted a duly noticed public hearing, considered written and oral public comment, and approved the application on a 4/1 vote making the required findings and subject to Conditions of Approval (Planning Commission Resolution No. 004-26);
WHEREAS, on March 30, 2026, the Planning Commission approval was appealed to the City Council by Alexandra Hack asserting the following claims;

1. The Maximum Net Floor Area (Floor to Lot Area Ratio) was calculated using incorrect net lot area, by not accounting for the lot area lost by the Lot Line Adjustment in 2024.

2. The Maximum Net Floor Area (Floor to Lot Area Ratio) was calculated using an incorrect average slope of 25%, rather than 31% average slope.

3. A Net Floor Area (Floor to Lot Area Ratio) Modification should have been required for grading over 500 cubic yards outside the main building footprint when the development is over 17-feet in height.

4. A Setback Modification should have been required for encroachments in the eastern interior setback.

5. SFDB Concept Review comments remain unresolved regarding FAR, an easterly second-floor deck, and plate heights.
2 6. The utility pole relocation was omitted from the CDP Conditions of Approval.

7. Fire Department access comments remain unresolved.

8. The proposed building height is stated differently in three locations.

WHEREAS, on July 27, 2026, the City Council conducted a duly noticed site visit to 2339 Edgewater Way; and
WHEREAS, on July 28, 2026, the City Council conducted a duly noticed public hearing, considered written and oral public comment, and after deliberation by the Council Members, voted to deny the appeal upholding the findings and conditions as set forth in the Planning Commission Resolution No. 004-26.

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

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

2. All written, graphic, and oral materials and information submitted to the Planning Commission and the City Council by City staff, the public, and the parties are hereby accepted as part of the record of proceedings. The facts and findings in the July 28, 2026, Council Agenda Report are incorporated into this Resolution and determined to be true.

3. The Council carefully reviewed the evidence obtained during the site visit and public hearing and determined that the proposed development is consistent with the California Coastal Act and Local Coastal Program, and adopted the findings and conditions set forth in Planning Commission Resolution No. 004-26, attached hereto as Exhibit A and incorporated by reference.

4. The City Council denies the appeal and upholds the Planning Commission’s approval of the Coastal Development Permit for the proposed project presented to the City Council on July 28, 2026.

CITY OF SANTA BARBARA PLANNING COMMISSION
RESOLUTION NO. 004-26
2339 EDGEWATER WAY

COASTAL DEVELOPMENT PERMIT
MARCH 19, 2026
Assessor’s Parcel Number: 041-350-003
Zoning Designation: E-3 / S-D-3 (One-Family Residence / Coastal Overlay) Application Number: PLN2020-00014 Filing Date: 4/24/2020 Applicant: Jarrett Gorin / Vanguard Planning Inc.

Owner: Curt Custard
The proposed project includes three components: abatement of an enforcement case; permitting of work completed under an Emergency Coastal Development Permit (Emergency Permit); and redevelopment of the site.

Enforcement Case: The project proposes removal of an unpermitted railroad tie retaining wall, and remedial grading (14.7 cubic yards of cut/export), along the bluff edge to abate violations associated with enforcement case ENF2018-00339. The violations are: 1) construction of retaining walls over 42-inches in height on the hillside without approvals or permits in the coastal zone; and 2) unpermitted grading described as “cut and fill of earth at bluff” and “dirt imported to fill the bluff top”.

Emergency Permit: The project includes a scope of work completed under an Emergency Permit (PLN2023- 00383) associated with a 2023 slope failure along a portion of the site’s westerly bluff. The scope of work includes clearing and grubbing of the slope face to remove large vegetation, loose soils, and rock; installation of Tecco System high-tensile steel wire mesh and soil nails, a minimum of 10 feet in length, and were drilled and grouted into the bedrock slope; and subsequent hydroseeding of the area; as well as demolition of an unpermitted patio cover and outdoor BBQ/ fireplace, immediately adjacent to the slope failure, as they contributed substantial weight to the failure area.

Site Redevelopment: The project proposes demolition of the existing two-story single-unit residence and detached one-car garage; site grading (583 cubic yards of cut, 105 cubic yards of fill, 418 cubic yards of export); construction of a new two-story single-unit residence with basement, and new two-car detached garage with Accessory Dwelling Unit (ADU) above; new pool and spa, shade structure (cabaña), patios, driveway pavers, drainage improvements, and landscaping. Seven site trees are proposed for removal and two are to be retained and protected in place; none are located within the front setback or the street.

The discretionary applications under the jurisdiction of the Planning Commission at this hearing are:

A. A Coastal Development Permit to allow the proposed development in the Appeal Jurisdiction of the City’s Coastal Zone (SBMC §28.44.060); and
B. A CEQA Determination that the project is exempt from further environmental review under Section 15301 [Existing Facilities], 15303 [New Construction of Conversion of Small Structures] and Section 15304 [Minor Alterations to Land] of the California Environmental Quality Act (CEQA) Guidelines.

Project Design Approval and Final Design Approval by the Single Family Design Board (SFDB) will also be required for the project (SBMC Chapter 30.220).

EXHIBIT A

PLANNING COMMISSION RESOLUTION NO. 004–26
2339 EDGEWATER WAY
MARCH 19, 2026
PAGE 2
WHEREAS, the Planning Commission has held the required public hearing on the above application, and the Applicant was present.

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

1. Staff Report with Attachments, March 12, 2026

2. Project Plans

3. Correspondence received:
a. David Bacher
b. Alexandra Hack
c. Timothy, Marie, and Michel Bourdreaux
d. Courtney O’Donnell
e. Kelli Bacher
f. Claire Bacher
NOW, THEREFORE BE IT RESOLVED that the City Planning Commission:

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

A. ENVIRONMENTAL REVIEW (SBMC §22.100.160.C; CEQA Guidelines) The determination of exemption, as discussed in the staff report dated March 12, 2026, is appropriate.

B. COASTAL DEVELOPMENT PERMIT (SBMC §28.44.150)

1. The project is consistent with the policies of the California Coastal Act because it has been sited and designed to minimize risks, assure stability and structural integrity, and neither create nor contribute significantly to erosion of the site or surrounding areas over the expected life of the development, factoring in sea level rise, as described in Section VIII of the Staff Report dated March 12, 2026.

2. The project is consistent with all applicable policies of the City's Local Coastal Plan, all applicable implementing guidelines, and all applicable provisions of the Code, because it has been designed and sited to minimize impacts of coastal bluff erosion and coastal bluff slope failure to life and property; assure stability and structural integrity; and neither create nor contribute significantly to erosion, geologic instability, or destruction of the site or surrounding areas over the expected life of the development, factoring in the effects of sea level rise, as described in Section VIII of the Staff Report dated March 12, 2026.

II. Said approval is subject to the following conditions:

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

1. Obtain all required design review approvals.

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

PLANNING COMMISSION RESOLUTION NO. 004–26
2339 EDGEWATER WAY
MARCH 19, 2026
PAGE 3

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

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

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

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

1. Approved Development. The development of the Real Property approved by the Planning Commission on March 19, 2026 is limited to the three project components, as follows below and as described in the Applicant Letter dated March 5, 2026 and as shown on the plans signed by the chairperson of the Planning Commission on said date and on file at the City of Santa Barbara.

Enforcement Case: The project proposes removal of an unpermitted railroad tie retaining wall, and remedial grading (14.7 cubic yards of cut/export), along the bluff edge to abate violations associated with enforcement case ENF2018-00339. The violations are: 1) construction of retaining walls over 42-inches in height on the hillside without approvals or permits in the coastal zone; and 2) unpermitted grading described as “cut and fill of earth at bluff” and “dirt imported to fill the bluff top”.

Emergency Permit: The project includes a scope of work completed under an Emergency Permit (PLN2023-00383) associated with a 2023 slope failure along a portion of the site’s westerly bluff, granted by the Community Development Director on April 17, 2024. An associated Building Permit was issued on May 17, 2024. The completed work passed final inspection on July 31, 2024, and the Building Permit was closed. A formal Coastal Development Permit (CDP) is required to allow the completed work to remain.

The scope of work includes clearing and grubbing of the slope face to remove large vegetation, loose soils, and rock; installation of Tecco System high-tensile steel wire mesh and soil nails, a minimum of 10 feet in length, and were drilled and grouted into the bedrock slope; and subsequent hydroseeding of the area; as well as demolition of an unpermitted patio cover and outdoor BBQ/ fireplace, immediately adjacent to the slope failure, as they contributed substantial weight to the failure area. The hydroseed consisted of a coastal bluff seed mix prepared for the project by S & S Seeds.

Site Redevelopment: The project proposes demolition of the existing two-story single-unit residence and detached one-car garage; site grading (583 cubic yards of cut, 105 cubic yards of fill, 418 cubic yards of export); construction of a new two-story single-unit residence with basement, and new two-car detached garage with Accessory Dwelling Unit

PLANNING COMMISSION RESOLUTION NO. 004–26
2339 EDGEWATER WAY
MARCH 19, 2026
PAGE 4
(ADU) above; new pool and spa, shade structure (cabaña), patios, driveway pavers, drainage improvements, and landscaping. Seven site trees are proposed for removal and two are to be retained and protected in place; none are located within the front setback or the street.

2. Building Height Restriction. The height of the residence shall not exceed 30 feet above finished grade, and the height of the garage/ADU shall not exceed 30 feet above finished grade.

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

4. Recreational Vehicle Storage Limitation. No recreational vehicles, boats, or trailers shall be stored on the Real Property unless enclosed or concealed from view as approved by the Single Family Design Board (SFDB).

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

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

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

7. Accessory Dwelling Unit Restrictions. The ADU shall remain at all times consistent with the City’s Ordinance requirements.

8. Future Threats to Development. By acceptance of this permit, the Owner agrees, on behalf of him/herself and all successors and assigns, that the Owner shall remove the development authorized by this permit, including the primary residence, garage, ADU, pool & spa, decks, patios, foundations, landscape, and hardscape, if any government agency has ordered that the structure(s) is not to be occupied or is otherwise unsafe due to imminent threat of damage or destruction from any shoreline hazard, including but not limited to waves, erosion, storm conditions, liquefaction, flooding, sea level rise. In the event that portions of the development fall to the bluff face, the beach, or are swept to

PLANNING COMMISSION RESOLUTION NO. 004–26
2339 EDGEWATER WAY
MARCH 19, 2026
PAGE 5
another location before they are removed, the Owner shall remove all recoverable debris associated with the development and lawfully dispose of the material in an approved disposal site. Such removal shall require an emergency and/or regular Coastal Development Permit.

9. Ownership Limitation. This Coastal Development Permit is limited to only that time period that the land underlying the development is under the ownership of the applicant or successor in interest. If the public trust boundary moves landward resulting in the development encroaching onto public trust lands, the Coastal Development Permit will expire and the development on such public trust lands must be removed at the property owner’s expense, unless the property owner obtains appropriate legal authorization from the trustee of the public trust lands (e.g., City of Santa Barbara or State Lands Commission) and obtains a new Coastal Development Permit from the California Coastal Commission to authorize any development of public tidelands. Authorization for such development on public trust lands is restricted by the Coastal Act and Public Trust Doctrine and may not be allowed if the proposed use significantly interferes with public access or other public trust uses.

10. Coastal Hazards Liability Limitation. The Owner understands and is advised that the project site and public services to the site (utilities, roads, etc.) may be subject to beach erosion, bluff erosion, coastal bluff slope failure, coastal flooding, wave impacts, or other extraordinary hazards associated with development on a coastal beach, coastal bluff face or top, or in a coastal flood and/or wave impact area, now and in the future, factoring in the effects of sea level rise. The Owner acknowledges that public services to the site may not be maintained in perpetuity due to the impacts of sea level rise. The Owner assumes the risks of injury and damage from such hazards in connection with the permitted development. The Owner unconditionally waives any present, future, and unforeseen claims of damage or liability on the part of the City for injury or damage arising from the aforementioned or other natural hazards and relating to this permit approval, as a condition of this approval. Further, the Owner agrees to indemnify and hold harmless the City and its employees for any alleged or proven acts or omissions and related cost of defense, related to the City's approval of this permit and arising from the aforementioned or other natural hazards whether such claims should be stated by the Owner's successor-in-interest or third parties.

11. Development within Coastal Bluff Edge Development Buffer. The slope stabilization device, and the components of the landscape, hardscape, and drainage system that are located within the Coastal Bluff Edge Development Buffer, shall be subject to the following conditions:
a. Proper maintenance of the improvements is required so that they do not become a safety issue or begin to affect erosion, geologic instability, or destruction of the site or surrounding area;
b. No mechanized construction equipment shall be used for installation or removal; c. If the improvements located within the Coastal Bluff Edge Development Buffer are deemed unusable or unsafe due to imminent threat of damage or destruction from geologic instability, erosion, flooding, wave impact hazards, or other hazards

PLANNING COMMISSION RESOLUTION NO. 004–26
2339 EDGEWATER WAY
MARCH 19, 2026
PAGE 6
associated with development on a coastal bluff or beach, their removal is required.

Removal of said improvements shall also be required when erosion reaches less than 5 feet from said improvements; and
d. The approval of the improvements located within the Coastal Bluff Edge Development Buffer is limited to a maximum 20 years from the Coastal Development Permit date of issuance. When the permit term ends, the Owner shall initiate a re-evaluation of said improvements with the City. If said re-evaluation shows said improvements still meet the standards and conditions listed above, a new Coastal Development Permit shall be obtained to retain the minor improvements. If said re-evaluation shows said improvements do not meet the standards and conditions listed above, approval by the City shall be obtained to allow removal of said improvements.

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

13. Geotechnical Liability Limitation. The Owner understands and is advised that the site may be subject to extraordinary hazards from landslides, erosion, retreat, settlement, or subsidence and assumes liability for such hazards. The Owner unconditionally waives any present, future, and unforeseen claims of liability on the part of the City arising from the aforementioned or other natural hazards and relating to this permit approval, as a condition of this approval. Further, the Owner agrees to indemnify and hold harmless the City and its employees for any alleged or proven acts or omissions and related cost of defense, related to the City's approval of this permit and arising from the aforementioned or other natural hazards whether such claims should be stated by the Owner's successor-in-interest or third parties.

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

C. Design Review. The project is subject to the review and approval of the Single Family Design Board (SFDB). The SFDB shall not grant project design approval until the following Planning Commission land use conditions have been satisfied.

1. Landscape Plan. The final landscape plans submitted for design review Final Approval shall include the following, which shall be verified by the Community Development Director.

PLANNING COMMISSION RESOLUTION NO. 004–26
2339 EDGEWATER WAY
MARCH 19, 2026
PAGE 7
a. Demonstrate consistency with Policies 4.3-11, Landscape Plans Required, and 5.1- 38, Landscaping, Watering, Weight, and Drainage on Coastal Bluff Faces and Coastal Bluff Edge Development Buffers.
b. Clearly show that only native, drought-tolerant vegetation is proposed. c. Clearly show that only minimal manual watering needed for the establishment of new plantings is to occur on the Coastal Bluff Face.
d. Clearly show that only minimal watering, achieved manually or with easily removable drip irrigation tubing, needed for the establishment of new plantings is to occur, within the Coastal Bluff Edge Development Buffer. e. Statement of Compliance signed by the plans preparer certifying that the landscape design complies with the City’s mandatory water conservation elements.

2. Storm Water Management Program (SWMP). Before Design Review Final Approval can be granted the proposed BMPs must comply with specifications described in Chapter 6 of the BMP Guidance Manual, to be verified by Creeks staff. Include cross-section details of all proposed BMPs that demonstrate compliance with these requirements. This includes the grass-crete pavers, and any other permeable hardscape or surface that reduces the amount of impervious area.

3. Tree Protection Measures. The landscape plan and grading plan shall include the following tree protection measures:
a. Tree Protection. All trees four inches in diameter or greater at four feet six inches above grade in height not indicated for removal on the approved landscape plan shall be preserved, protected, and maintained.
b. Replacement. All trees removed shall be replaced on-site on a 1:1 basis with minimum 24-inch box sized trees of an appropriate species or like species, in order to maintain the site’s visual appearance and reduce impacts resulting from the loss of trees.
c. Landscaping Under Trees. Landscaping under the trees shall be compatible with the preservation of the trees, as determined by the SFDB.

4. Appropriate Plants on Coastal Bluff Face and within the Coastal Bluff Edge Development Buffer. Special attention shall be paid to the appropriateness of the existing and proposed plant material on the Coastal Bluff Face and within the Coastal Bluff Edge Development Buffer. All new plantings shall be native, drought tolerant vegetation. All existing succulent plants that add weight to the bluff and/or contribute to erosion shall be removed in a manner that does not disturb the root system and replaced with appropriate plant material in a manner that does not increase the rate of erosion.

5. Irrigation System. The irrigation system shall be designed and maintained with the most current technology to prevent a system failure. Watering of vegetation on the coastal bluff edge shall be kept to the minimum necessary for plant survival. The drip system along the coastal bluff edge shall be removed after one full season of plant growth.

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

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

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

1. Public Works Department.
a. Approved Public Improvement Plans. Public Improvement Plans as identified in condition D.1.c. “Edgewater Way Public Improvements” shall be submitted to the Public Works Department for review and approval. Upon acceptance of completed public improvement plans, a Building permit may be issued if the Owner has bonded for public improvements and executed the Agreement to Construct and Install Improvements (Not a Subdivision).
b. Water Rights Assignment Agreement. The Owner shall assign to the City of Santa Barbara the exclusive right to extract ground water from under the Real Property in an Agreement Assigning Water Extraction Rights. Engineering Division Staff prepares said agreement for the Owner’s signature. c. Edgewater Way Public Improvements. The Owner shall submit C-1 public improvement plans for construction of improvements along the property frontage on Edgewater Way. Plans shall be submitted separately from plans submitted for a Building Permit, and shall be prepared by a licensed civil engineer registered in the State of California. As determined by the Public Works Department, the improvements shall include new and/or remove and replace to City standards, the following: non-City Standard driveway apron modified to meet Title 24 requirements with a maximum width of 14 feet, crack seal to the centerline of the street along entire subject property frontage and slurry seal a minimum of 20 feet beyond the limits of all trenching, connection to City water and sewer mains and utilities, public drainage improvements with supporting drainage calculations and/or hydrology report for installation of drainage pipe or connection to existing City storm drain system, preserve and/or reset survey monuments, supply and install directional/regulatory traffic control signs per the CA MUTCD during construction, and provide adequate positive drainage from site. Any work in the public right-of-way requires a Public Works Permit.
d. Haul Routes Require Separate Permit. Apply for a Public Works permit to establish the haul routes for all construction-related trucks with a gross vehicle weight rating of three tons or more entering or exiting the site.

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e. Construction-Related Truck Trips. Construction-related truck trips for trucks with a gross vehicle weight rating of three tons or more shall not be scheduled during peak hours (7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m.) in order to help reduce truck traffic on adjacent streets and roadways. f. Agreement to Construct and Install Improvements. The Owner shall submit an executed Agreement to Construct and Install Improvements, prepared by the Engineering Division, an Engineer’s Estimate, signed and stamped by a registered civil engineer, and securities for construction of improvements prior to execution of the Agreement.

2. Community Development Department.
a. Recordation of Agreements. The Owner shall provide evidence of recordation of the written instrument that includes all of the Recorded Conditions identified in condition B “Recorded Conditions Agreement” to the Community Development Department prior to issuance of any Building Permits.
b. Implementation of Engineering Geology and Geotechnical Report Recommendations. The project shall comply with the recommendations contained in the Engineering Geology and Geotechnical Engineering Report, prepared by Earth Systems Pacific, dated July 30, 2019 and revised August 18, 2020; and subsequent letters, prepared by Earth Systems Pacific, dated August 14, 2020; February 2, 2021; October 1, 2021; August 17, 2023; December 6, 2023; December 4, 2024; January 22, 2025; February 27, 2025; and the Bluff Edge Exhibits, prepared by Thomas Oschner Architect, dated November 25, 2025. c. Requirement for Archaeological Resources. The following information shall be printed on the grading plans:

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

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

If the discovery consists of possible prehistoric or Native American artifacts or materials, a Barbareño Chumash representative from the most current City Qualified Barbareño Chumash Site Monitors List shall be retained to monitor all

_____________________________________________________________

_____________________________________________________________

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further subsurface disturbance in the area of the find. Work in the area may only proceed after the Planning Division grants authorization. d. Arborist’s Monitoring Contract. Submit to the Planning Division an executed contract with a qualified arborist for monitoring of all work within the drip line of trees during construction. The contract shall include a schedule for the arborist's presence during grading and construction activities, and is subject to the review and approval of the Planning Division.
e. Design Review Requirements. Plans shall show all design, landscape and tree protection elements, as approved by the appropriate design review board and as outlined in Section C “Design Review,” and all elements/specifications shall be implemented on-site.
f. Conditions on Plans/Signatures. The final Resolution shall be provided on a fullsize drawing sheet as part of the drawing sets. Each condition shall have a sheet and/or note reference to verify condition compliance. If the condition relates to a document submittal, indicate the status of the submittal (e.g., Final Map submitted to Public Works Department for review). The following statement shall be signed prior to issuance of any permits:

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

Signed:

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

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

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

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

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

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

5. Arborist Monitoring and Tree Protection. Trees not approved for removal shall be protected during grading and construction activities as follows:
a. All trees within 25 feet of proposed construction activity shall be fenced three feet outside the dripline for protection.
b. No grading shall occur within three feet of the driplines of the existing trees. c. A qualified arborist shall be present during any excavation beneath the driplines of the trees which are required to be protected. All excavation within the driplines of the trees shall be minimized and shall be done with hand tools. d. Any roots encountered shall be cleanly cut and sealed with a tree-seal compound. e. Any root pruning and trimming shall be done under the direction of a qualified Arborist.
f. No heavy equipment, storage of materials or parking shall take place under the dripline of any tree.

6. Air Quality and Dust Control. The following measures shall be shown on grading and building plans and shall be adhered to throughout grading, hauling, and construction activities:
a. During construction, use water trucks or sprinkler systems to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this should include wetting down such areas in the late morning and after work is completed for the day. Increased watering frequency should be required whenever the wind speed exceeds 15 mph. Reclaimed water should be used whenever possible. However, reclaimed water should not be used in or around crops for human consumption.
b. Minimize amount of disturbed area and reduce on site vehicle speeds to 15 miles per hour or less.
c. If importation, exportation and stockpiling of fill material is involved, soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. Trucks transporting fill material to and from the site shall be tarped from the point of origin.
d. Gravel pads shall be installed at all access points to prevent tracking of mud onto public roads.

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e. After clearing, grading, earth moving or excavation is completed, treat the disturbed area by watering, or revegetating, or by spreading soil binders until the area is paved or otherwise developed so that dust generation will not occur. f. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust offsite. Their duties shall include holiday and weekend periods when work may not be in progress. The name and telephone number of such persons shall be provided to the Air Pollution Control District prior to land use clearance for map recordation and land use clearance for finish grading of the structure. g. All portable diesel-powered construction equipment shall be registered with the state’s portable equipment registration program OR shall obtain an APCD permit. h. Fleet owners of mobile construction equipment are subject to the California Air Resource Board (CARB) Regulation for In-use Off-road Diesel Vehicles (Title 13 California Code of Regulations, Chapter 9, § 2449), the purpose of which is to reduce diesel particulate matter (PM) and criteria pollutant emissions from in-use (existing) off-road diesel-fueled vehicles. For more information, please refer to the CARB website at www.arb.ca.gov/msprog/ordiesel/ordiesel.htm. i. All commercial diesel vehicles are subject to Title 13, § 2485 of the California Code of Regulations, limiting engine idling time. Idling of heavy-duty diesel construction equipment and trucks during loading and unloading shall be limited to five minutes; electric auxiliary power units should be used whenever possible. j. Diesel construction equipment meeting the California Air Resources Board (CARB) Tier 1 emission standards for off-road heavy-duty diesel engines shall be used. Equipment meeting CARB Tier 2 or higher emission standards should be used to the maximum extent feasible.
k. Diesel powered equipment should be replaced by electric equipment whenever feasible.
l. If feasible, diesel construction equipment shall be equipped with selective catalytic reduction systems, diesel oxidation catalysts and diesel particulate filters as certified and/or verified by EPA or California.
m. Catalytic converters shall be installed on gasoline-powered equipment, if feasible. n. All construction equipment shall be maintained in tune per the manufacturer’s specifications.
o. The engine size of construction equipment shall be the minimum practical size. p. The number of construction equipment operating simultaneously shall be minimized through efficient management practices to ensure that the smallest practical number is operating at any one time. Construction worker trips should be minimized by requiring carpooling and by providing for lunch onsite.

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7. Discovery of Paleontological Resources. If paleontological resources are discovered in the course of construction, including earth-moving activities or other ground disturbances, the following shall occur:
a. All activity that could damage or destroy these resources shall be immediately halted;
b. A Registered Professional Paleontologist shall examine the site and provide an evaluation of the nature and importance of the resources; c. Mitigation measures shall be implemented to address the impacts of the construction on the resources following the guidance of the City’s Coastal Land Use Plan Policy 4.4-8 In-Situ Preservation and Avoidance Preferred and Policy

4.4-9 Mitigation if In-Situ Preservation is not Feasible; d. The City’s Environmental Analyst shall determine whether the construction or mitigation measures require additional environmental review and/or a new or amended Coastal Development Permit; and
e. The City shall notify the Coastal Commission staff that important paleontological resources were discovered during construction.

Activities that may adversely impact these resources shall not resume without written authorization from the City’s Environmental Analyst that construction may proceed.

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

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

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

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

If the discovery consists of possible prehistoric or Native American artifacts or materials, a Barbareño Chumash representative from the most current City Qualified Barbareño Chumash Site Monitors List shall be retained to monitor all further subsurface disturbance

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in the area of the find. Work in the area may only proceed after the Environmental Analyst grants authorization.

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

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

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

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

G. General Conditions.

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

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

3. Site Maintenance. The existing site/structures shall be maintained and secured. Any landscaping shall be watered and maintained until demolition occurs.

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

_______________________________________________ ____________________________

April 9, 2026
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Applicant/Owner shall execute a written agreement, in a form approved by the City Attorney, evidencing the foregoing commitments of defense and indemnification within thirty (30) days of being notified of a lawsuit regarding the Project. These commitments of defense and indemnification are material conditions of the approval of the Project. If Applicant/Owner fails to execute the required defense and indemnification agreement within the time allotted, the Project approval shall become null and void absent subsequent acceptance of the agreement by the City, which acceptance shall be within the City’s sole and absolute discretion. Nothing contained in this condition shall prevent the City or the City’s Agents from independently defending any Claim. If the City or the City’s Agents decide to independently defend a Claim, the City and the City’s Agents shall bear their own attorney fees, expenses, and costs of that independent defense.

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

A. NOTICE OF COASTAL DEVELOPMENT PERMIT TIME LIMITS:

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

1. Otherwise explicitly modified by conditions of approval for the coastal development permit.

2. A Building Permit for the work authorized by the coastal development permit is issued prior to the expiration date of the approval.

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

This motion was passed and adopted on the nineteenth day of March, 2026 by the Planning Commission of the City of Santa Barbara, by the following vote:

AYES: 4 NOES: 1 (Baucke) ABSTAIN: 0 ABSENT: 2 (Boss and Wardlow) I hereby certify that this Resolution correctly reflects the action taken by the City of Santa Barbara Planning Commission at its meeting of the above date.

Jasper Carman, Commission Secretary Date
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PLEASE BE ADVISED:

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

CITY OF SANTA BARBARA
Council Agenda Report
Agenda Date: July 28, 2026
To: Mayor and Councilmembers
From: City Administrator’s Office
Subject: Summary of Public Comment and Proposed Amendments to Draft Residential Rent Stabilization Ordinance and Just Cause Ellis Act Amendments Ordinance
Recommendation:

That Council:

A. Receive a report summarizing public comments received on the June 10, 2026 Public Review Drafts of the Residential Rent Stabilization Ordinance and the Just Cause Ellis Act Amendments Ordinance; and
B. Provide direction to staff and the City Attorney’s Office on amendments so that a revised Residential Rent Stabilization Ordinance can be introduced followed by the Just Cause Ellis Act Amendments Ordinance at a later date to ensure consistency with the adopted Rent Stabilization Program.

Executive Summary
The City released the Public Review Drafts of the Residential Rent Stabilization Ordinance and Just Cause Ellis Act Amendments Ordinance on June 10, 2026 for a 30-Day Public Comment period that concluded on July 10, 2026. A total of 655 comments were received and sorted among three different categories: (1) General Support; (2) General Opposition; and (3) Proposed Amendments. All comments received are published in each of these categories and are available for review at: https://santabarbaraca.gov/services/housing-humanservices/affordable-housing/rent-stabilization. Comments that included the same language regarding proposed amendments were counted and each name associated with the submission is noted for the public record.

Agenda Item No. 23
Council Agenda Report
Summary of Public Comment and Proposed Amendments to Draft Residential Rent Stabilization Ordinance and Just Cause Ellis Act Amendments Ordinance

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Comments received during the public review period with specific language amendments to each draft Ordinance have been compiled into two matrices attached to this report for reference (Attachments 1 and 2). This report summarizes the proposed amendments with the most significant legal, fiscal, or policy consequences and identifies additional direction needed from Council prior to introduction of each Ordinance.

Residential Rent Stabilization Ordinance
The proposed Ordinance establishes a comprehensive Rent Stabilization Program for the City of Santa Barbara. The program would take effect on January 1, 2027, and is designated to stabilize rent increases for tenants in covered rental units while preserving constitutionally protected fair-return rights for property owners. The proposed Ordinance establishes:
• An annual General Rent Adjustment limited to 60 percent of the change in the Consumer Price Index (CPI), not to exceed three percent; • A Base Rent set by reference to rents in effect in 2025; • Petition processes for fair return, capital improvements, and tenant-initiated downward adjustment;
• Rent Stabilization Board and Hearing Officers; and
• Rental Registry funded by a per-unit fee to be established following a fee study.

Summary of Public Comments in Support of Rent Stabilization Ordinance Comments in support are grounded predominantly in individual tenant experience, describing rent increases that have outpaced wage growth over sustained periods. Tenants report cumulative increases such as a one-bedroom unit rising from approximately $1,500 to over $2,600 across ten years, a unit rising from under $1,600 to over $2,400 in six years, and longtenured renters describing increases from $625 in 1989 to $1,800 today. Several commenters report rent consuming three-quarters of monthly income, or exceeding monthly income entirely, with savings drawn down to cover the difference. Seniors on fixed incomes, single parents, tenants with disabilities, retirees, and working professionals all describe the annual lease renewal as a recurring source of instability, and multiple constituents state they anticipate leaving Santa Barbara or California if increases continue.

A frequently repeated point is that displacement affects the workforce the City depends on:
commenters describe co-workers and employees commuting from Lompoc, Ventura, and Council Agenda Report
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Oxnard, and argue that continued attrition of teachers, nurses, service workers, and public employees carries economic costs for local businesses and employers. Several commenters emphasize that renters constitute roughly 60% of City residents and should be weighted accordingly in Council's deliberations, and a number frame housing stability as producing measurable public savings through reduced homelessness and emergency service utilization.

The most policy-specific comments come from the Santa Barbara Tenants Union and allied organizations such as CAUSE and the Santa Barbara County Action Network (SBCAN), submitted in substantially identical form by over 300 constituents. For convenience, these are referred to as the “coalition comments.” The coalition generally supports Ordinance adoption, but states that the draft is unacceptable in its current form. The coalition comments included a redline of the current draft proposal that was released for public comment of which all proposed amendments are included in the attached matrix (see Attachment 1). The coalition acknowledges the general adjustment of 60% of CPI up to 3 percent, the $100 monthly cap on capital improvement pass-throughs, and the prohibition on rent banking as positive elements.

The coalition comments object to: the inclusion of exemptions not required by State law; capital improvement pass-throughs available for elective remodeling; the limited role of the Rent Stabilization Board; and insufficient enforcement provisions. The principal requests stated in the coalition comments are: a registry that covers all rental units, not just those subject to rent stabilization; further limitation of the exemptions from rent stabilization; and changes to the role and composition of the Rent Stabilization Board so that it holds regular public meetings, directs program policies, possesses enforcement authority, and includes majority tenant representation. Individual supporters echo these positions, several stating explicitly that no exemptions should be adopted beyond those State law requires. The coalition comments include a number of recommended changes to other tenant protections, including just cause that are addressed later in this report. .

Summary of Public Comments in Opposition to Rent Stabilization Ordinance The largest share of opposition comment concerns the annual general adjustment formula of 60% of CPI or 3%, whichever is less. Commenters describe this cap as structurally below the rate at which their operating costs are rising, citing property insurance premium increases reported in the range of 60 to 100 percent over three years, along with increases in utilities, labor, materials, property taxes, and City fees. Several commenters, including property management firms writing on behalf of multiple owner clients, calculate that recent CPI figures would permit increases of roughly 1.8 percent annually. A related and frequently raised concern Council Agenda Report
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is that the formula compounds against owners who have historically charged below-market rents: commenters who describe holding rents low for long-tenured tenants state that the draft Ordinance would permanently lock in that below-market position while owners charging market rents retain a higher base. Multiple commenters characterize the cap as denying a fair and reasonable return, and a subset frame this as a regulatory taking under the Fifth and Fourteenth Amendments and the California Constitution, referencing existing federal litigation against the temporary rent freeze and asserting that additional suits and a possible referendum or ballot initiative are anticipated. Constituents also object that the temporary freeze effective after December 15, 2025, combined with the twelve-month lease renewal requirement, has already foreclosed increases for a full year without any credit or reconciliation mechanism.

A second cluster of concerns addresses administrative design and cost. The Rental Registry drew consistent objection on privacy and data-security grounds, with commenters characterizing the required ownership and financial disclosures as invasive and, in several cases, as a cybersecurity exposure. Commenters report that the draft does not state a per-unit registration fee and that Council retains discretion to adjust the fee, leaving owners unable to estimate compliance costs. Objections were also raised to the mechanism placing responsibility on owners for collecting the tenant share of registry fees without a corresponding tenant obligation.

Commenters describe the petition process for fair-return and capital improvement passthroughs as adversarial and expensive relative to the amounts recoverable, noting the passthrough cap and the exclusion of mortgage interest and depreciation from the expense calculation, and argue that the cumulative effect is to defer roofs, electrical upgrades, and other major capital work. Small owners, retirees on fixed incomes, and owner-occupants of duplexes repeatedly asked that the Ordinance differentiate them from institutional owners, arguing that a uniform compliance burden falls hardest on those without legal, accounting, or professional management support.

Several commenters also raised concerns about the City's fiscal capacity, citing the approximately $2 million annual program estimate, Santa Monica program's reported operating cost, the City's existing budget deficit, and the appropriation of legal defense funds.

A third theme is that the draft Ordinance addresses the wrong causal mechanism and will reduce, rather than preserve, rental supply. Some commenters predict owner exit through sale, conversion to owner occupancy, permanent withdrawal of units under the Ellis Act, and shifting of units to family use or short-term arrangements, with consolidation of ownership among Council Agenda Report
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better-capitalized entities as the likely result. Reduced turnover, diminished property values with attendant property tax revenue effects, and impaired lending were also cited.

Commenters point to Santa Monica, San Francisco, and New York as cautionary examples and to Austin's supply-side reforms as an alternative model, urging zoning reform, permit streamlining, adaptive reuse and infill, and targeted subsidies in place of price regulation.

A recurring procedural request is that the City establish baseline data — ownership, tenure, rent burden, and displacement figures for the roughly 13,000 affected units — together with defined success metrics and a review or sunset mechanism, before adopting a permanent program. A number of commenters requested that the Ordinance be placed before the voters, and several noted the 4–3 Council split as grounds for doing so.

Summary of Public Comments with Proposed Amendments to Draft Residential Rent Stabilization Ordinance
Much of the comment received is framed in legal terms. Staff and the City Attorney’s Office will address legal issues when drafting the final recommended Ordinance to assure that the proposal is consistent with applicable law. Council’s direction at this stage in the process, is primarily policy direction. Staff has identified four policy tensions that are common to the comments and recur across the individual amendments discussed below. ● Affordability against housing quality. The adjustment formula and the pass-through cap both determine how much revenue is available to maintain aging buildings.

Constraining revenue protects tenants from increases in the near term but may accelerate deferred maintenance in a rental stock much of which is over fifty years old.

Council should decide how much of the cost of preservation it intends tenants to bear, and over what period.
● Breadth of coverage against depth of protection. Every exemption narrows the program but also concentrates its administrative cost on fewer units. A broad program with modest protections and a narrow program with strong ones are both coherent. ● Predictability against adaptability. Constituents on both sides ask for certainty — codified methodology, enumerated improvements, published schedules, defined timelines. Certainty improves compliance and legal defensibility but reduces the City’s ability to correct the program administratively as experience develops. Council will need to decide which elements are fixed in the Ordinance and which are left to Council Agenda Report
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regulation, recognizing that this allocation is itself a policy choice about how much future flexibility to retain.
● Program reach against unintended displacement. Two provisions in the record could operate against the Ordinance’s purpose: mandatory registration may prompt removal of unpermitted units housing lower-income tenants, and a rent cap applied to deedrestricted housing may reduce the operating income of the City’s principal affordable housing providers. Neither is an argument against the program, but both warrant deliberate Council attention.

The following policy decisions carry the most significant consequences for the Ordinance’s legal defensibility, fiscal structure, and administrative efficiency. Each requires affirmative City Council direction prior to introduction.

Annual General Rent Adjustment and Base Rent
The 60% of CPI formula with a 3% ceiling is the most frequently contested provision in the record. Property owners ask that Council raise the formula, with requests ranging from 100 percent of CPI to deferring entirely to existing State law. The Santa Barbara Association of Realtors requests Council add a minimum annual adjustment alongside the maximum, citing Alameda (70% of CPI with a 1% floor and 5% ceiling) and Mountain View (100% of CPI with a 2% floor and 5% ceiling). Tenant advocates request that Council retain 60 percent of CPI as drafted.

A related and legally distinct question concerns the Base Rent. Multiple commenters object that fixing Base Rent at 2025 levels operates retroactively, because owners set those rents without notice that they would become a permanent regulatory baseline. Commenters describe owners who held rents below market for long-term tenants, experienced extended vacancies, or completed repairs before re-renting, and ask for an individualized adjustment mechanism.

Policy Direction for Council Consideration
Establishment of a base rent for application of a general inflationary rent adjustment is typical to most rent control ordinances. The base rent is typically set as the rents in existence on a date prior to the date that the agency considered or adopted a new rent control law based on the assumption that in an unregulated environment, the rental rates will be set at market. The general adjustment formula is a decision about how the cost of inflation is shared between tenants and owners, and it is the provision the community will most readily understand as Council Agenda Report
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expressing Council’s intent. A lower figure delivers greater near-term rent predictability for tenants; a higher figure, or a floor, reduces pressure on the fair return process and on deferred maintenance. A flat percentage that is consistent year-over-year provides predictability and administrative efficiency.

Scope of Coverage and Exemptions
Exemption requests are the highest volume category in the record and pull in opposite directions.
● Expansion. The Santa Barbara Association of Realtors, individual owner-occupants, and numerous small providers ask Council to exempt residential properties containing four or fewer dwelling units, or at minimum owner-occupied two-to-four unit properties, extending the existing owner-occupied duplex exemption. ● Contraction. Tenant advocates request that Council strike the owner-occupied duplex exemption and the deed-restricted affordable housing exemption. ● Deed-restricted affordability exemption. The Housing Authority of the City of Santa Barbara advocates that Council retain the exemption at Section 26.90.010.A.6 for units subject to a recorded affordability covenant, and separately to exempt Section 8 voucher-assisted units where contract rent is at or below the Housing Authority’s adopted payment standard.

Policy Direction for Council Consideration
The one-to-four unit request rests on the premise that resident and small-scale owners differ in kind from institutional operators. The contrary position is that a tenant’s need for stability does not vary with the size of the building or the number of units on a parcel, and that owners are frequently not individuals. Council will need to decide whether to draw the line based on the character of the ownership or the vulnerability of the tenancy as that choice determines whether the relevant threshold is owner-occupancy, unit count, or neither. The deed-restricted question is different in kind: those units are already rent-restricted, so the issue is duplication rather than protection.

Rental Registry Financing and Proposition 26
Property owners ask Council to complete and publicly release a comprehensive cost-of-service and fee study before adoption, itemizing staffing, hearing officer costs, legal services, Council Agenda Report
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technology, translation, overhead allocation, and reserves, and comparing multiple funding models. Constituents invoke Proposition 26 and Jacks v. City of Santa Barbara for the proposition that the burden rests with the City to establish that the charge is a regulatory fee rather than a tax.

A distinct allocation question was raised by several commenters and independently by an anonymous submission. If the program contemplates that tenants bear a share of the fee, but places sole legal responsibility for payment on the property owner, and unpaid tenant shares are absorbed by the property owner, then providers bear the entire cost in every non-payment case. The same commenters identify the absorption provision as creating an incentive against tenant payment.

Tenant advocates separately support universal registration on the ground that partial registration cannot produce an accurate picture of the rental market.

Policy Direction for Council Consideration
Rental registry programs are typically supported by fees. The City complies with all applicable legal requirements, including those established by Propositions 218 and 26, when it imposes its fees. Fee financing places the cost on the regulated activity and keeps the program selfsupported, while General Fund financing treats rent stabilization as a general public benefit and competes with other Council priorities. The draft Ordinance currently allows up to 50% of the costs for rental unit registration to be passed-through to the tenant over the course of a 12- month lease agreement. In addition to the allocation, a primary question for Council policy direction is whether to expand the rental registry to cover all residential rental units.

Registry Data Governance Policy
Many commenters on both sides of the rent control issue ask that the City adopt and publish a comprehensive Data Governance and Privacy Policy before compelling registry participation, addressing the purpose of each data element collected, legal authority, permissible uses, encryption and access controls, breach notification, retention and destruction. The Santa Barbara Association of Realtors proposes a narrower alternative under which providers and tenants each maintain their own contact information, materially reducing the tenant personal information a provider must submit.

A separate concern is that mandatory registration may prompt owners of unpermitted or legally nonconforming units – accessory units, garage conversions, and similar arrangements that Council Agenda Report
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frequently house lower-income tenants at below-market rents — to terminate tenancies and remove units from the market rather than expose themselves to code enforcement.

Constituents ask Council to consider a safe harbor, amnesty period, or deferred registration pathway.

Policy Direction for Council Consideration
The unpermitted-unit issue is the clearest instance in the record where the Ordinance could work against its own purpose. If owners of unpermitted accessory units conclude that registration exposes them to code enforcement, the response may be to end the tenancy before the program deadline. This may displace long-term, lower-income tenants in precisely the informal housing the City has an interest in preserving. Council should decide whether it prefers a safe harbor or amnesty pathway that trades some code-enforcement leverage for tenancy preservation, or accepts the displacement risk in exchange for a complete registry.

Rent Stabilization Board, Hearing Officers, and Petition Procedure The composition of the Rent Stabilization Board is directly contested in the comments received.

Tenant advocates are requesting a five-member Board with a tenant majority; property owners are advocating for balanced representation of tenants, housing providers, and neutral members. The Santa Barbara Association of Realtors supports the composition as drafted and directs its recommendations instead to the Board’s authority, asking that the Board be expressly limited to administering the Ordinance adopted by Council rather than establishing new substantive policy.

Hearing Officer independence drew broad support across otherwise opposed commenters.

Requests include: minimum professional qualifications in administrative, landlord-tenant, or municipal law; a transparent appointment process; decision deadlines; written findings; and a prohibition on ex parte communications. Constituents also ask for a fuller petition framework including standardized forms, completeness timelines with an opportunity to cure, pre-hearing exchange of evidence, and decisions based on the administrative record.

Policy Direction for Council Consideration
The Ordinance as currently drafted has the Rent Stabilization Board exercising quasi-judicial authority over individual petitions. Consequently, Council should weigh which composition will make decisions durable and accepted. A tenant majority Board reflects the population the Council Agenda Report
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Ordinance protects; a balanced Board is more likely to be perceived as impartial by the parties whose property and tenancy interests it adjudicates. Council had previously expressed a desire to retain policy making authority as is consistent with the structure of other Council appointed boards and commissions.

Capital Improvement Pass-Throughs
Property owners request that Council raise or remove the pass-through cap, arguing that it makes roofs, seismic retrofits, electrical upgrades, and accessibility improvements financially infeasible and defers maintenance. Tenant advocates ask that Council prohibit corporate owners and owners of five or more units from passing capital improvement costs through at all.

The Santa Barbara Association of Realtors proposes an enumerated schedule of eligible improvements with standardized useful-life and amortization schedules and asks that improvements required by governmental action be expressly eligible and that an improvement not become ineligible merely because it also increases property value.

Policy Direction for Council Consideration
This provision sits at the intersection of the two core concerns in the record: housing quality and affordability. A low cap protects tenants from large increases but shifts the cost of major systems onto owners and risks deferred maintenance. Council may wish to consider a tiered approach distinguishing mandated life-safety and code compliance work from elective upgrades, which would respond to both sides of the record.

Additional Comments for Council Consideration
A number of additional comments were received for Council consideration that included crosscutting themes as follows:
• Mandatory review provision. A significant number of commenters request that the Ordinance require the City to evaluate and publish findings on the program’s outcomes within three to five years. Council may consider a mandatory review provision separate from or as part of a sunset provision, which causes the Ordinance to lapse absent affirmative action; some constituents use the concepts together, but the consequences differ materially.
• Small-provider accommodations. Many commenters suggested reduced or tiered fees, simplified reporting, streamlined petitions, extended implementation periods, Council Agenda Report
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and plain-language guidance on exemptions. Much of this is implementable through program design and administrative regulation rather than ordinance text. ● Use of the existing Rental Housing Mediation Program. The Rental Housing Mediation Board asks that mediation be referenced in program materials and outreach, and constituents separately requested that voluntary mediation be authorized before formal hearing. This uses existing City capacity and has been referenced by other programs throughout the State as an asset to a Rent Stabilization Program.

Relationship between Residential Rent Stabilization Ordinance and Just Cause Ellis Act Amendments Ordinance
The draft Residential Rent Stabilization Ordinance may be revised, introduced, and adopted separately from the proposed Just Cause Ellis Act Amendments Ordinance. They do not need to be introduced or adopted on the same schedule. Santa Barbara Municipal Code Chapter

26.50 is an existing ordinance that has been in effect and administered by the City independently of any rent stabilization program. Staff recognize that certain amendments to existing tenant protections directly related to rent stabilization may be required at the same time. However, other changes to those existing code provisions may have different policy considerations that should be considered separately.

Just Cause Ellis Act Amendments Ordinance
Santa Barbara Municipal Code Chapter 26.50 establishes Just Cause requirements for residential evictions. City staff proposed amendments to that Chapter according to the California Ellis Act (Government Code §§ 7060-7060.7) as follows:
• Section 26.50.070 – Administrative updates to the definition of Just Cause, replacing references to the Community Development Department with the City Administrator’s Office, Office of Housing and Community Vitality, and correcting a Civil Code crossreference in the definition of Owner. • Section 26.50.100 – Addition of Subsection D, establishing procedures for withdrawal of rental units from the rental market where the units are subject to a City price-control ordinance, including a supplemental statement filed under penalty of perjury and a one-year extension for qualifying seniors and disabled tenants.

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• New Section 26.50.110 – Disclosure to tenants of their rights before and after the sale of the rental property.
• New Section 26.50.120 – Recordation of a notice of restriction, covering both a tenant’s right of first refusal and the five-year restriction on residential rental use following withdrawal.

The draft Ordinance carries forward the existing structure of Chapter 26.50.

Summary of Public Comment and Proposed Amendments to Just Cause Ellis Act Amendments Ordinance
A substantial share of comments addressed issues within the broader category of tenant protections, such as just cause eviction requirements, lease requirements, and antiharassment prohibitions. Commenters characterize these issues as displacement pressure rather than concerns over rent levels alone. Multiple tenants describe detailed accounts of what they term "renovictions”: acquisition of a property by a new owner followed by improper or invalid eviction notices; construction commenced without required permits; extended and open-ended displacement periods with no stated timeline for return; utility interruptions; and deferred maintenance. These commenters consistently argue that existing protections are inadequate not in substance but in enforcement, and that the practical burden of asserting rights falls on tenants who lack legal representation while owners retain counsel. Their specific requests include mandatory construction timelines and schedule disclosures modeled on Los Angeles, clearer notice requirements, accessible legal assistance, and linkage between rent increases and habitability compliance. Commenters also identify the conversion of long-term rental stock to short-term vacation rentals and second homes as an unaddressed contributor to scarcity.

The most policy-specific comments come from the Santa Barbara Tenants Union and allied organizations such as CAUSE and the Santa Barbara County Action Network (SBCAN), submitted in substantially identical form by over 300 constituents. As mentioned earlier, these are referred to as “coalition comments.” The specific request from this coalition is that Council replace the existing provisions of Section 26.50.100, subsection C, with a new set of restrictions including re-rental and rent-restriction requirements expressly authorized by the Ellis Act.

Property owners advocate to narrow the provision under which withdrawal of one unit triggers obligations as to the others, to revise the pre- and post-scale disclosure requirements, and to eliminate the requirement that a tenant’s Right of First Refusal be recorded against the Council Agenda Report
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property. Proposed amendments are highlighted below and a matrix is attached for reference (see Attachment 2). The coalition comments also go beyond the scope of the proposed amendments under the draft Just Cause Ellis Act Amendments Ordinance to discuss many other provisions of Chapter 26.50.

Withdrawal from the Rental Market – Ellis Act Provisions (§ 26.50.100) Municipal Code Section 26.50.100 applies to no-fault just cause evictions to permanently withdraw rental units from the rental market. Subsection C of that section currently prohibits property that has been withdrawn from the rental market through no-fault evictions from being used for residential rental purposes for five years after the last eviction. The coalition comments request that Council replace this prohibition with provisions authorized by Government Code Section 7060.2 that provide different tenant rights if a unit is re-rented within two, five, or ten years following withdrawal.

Policy Direction for Council Consideration
The Ellis Act reflects a legislative judgment that owners may exit the rental business, subject to conditions. Council’s discretion lies in how to use the authorization that state law makes available. The amendments requested by the coalition comments are consistent with the protections under Government Code Section 7060.2. The existing five-year ban on residential rental use is not expressly authorized by state statute, but it is also not precluded.

Disclosure and Recordation (New Sections 26.50.110 and 26.50.120) Housing providers advocate that Council to replace the transaction-specific pre- and post-sale disclosures at Section 26.50.110 with a City-prepared Tenant Rights and Responsibilities Guide delivered at the commencement of a tenancy and upon lease renewal, with electronic delivery permitted and a safe harbor for owners who distribute the City’s approved guide. They separately ask that the requirement at Section 26.50.120 to record a tenant’s right of first refusal be eliminated, with the obligation tracked instead through City administrative records.

Additional Changes Proposed to the Just Cause Ordinance Beyond the Scope of the Ellis Act Amendments
The following sections discuss comments on matters that are beyond the scope of the current Just Cause Ellis Act Amendments Ordinance. Council will need to provide direction on whether to address these suggestions at the same time as the Rent Stabilization Ordinance (RSO) and Council Agenda Report
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Ellis Act Amendments, or whether to address them on a different timeline with further analysis and cost estimate for implementation. Staff recommends that the RSO be considered first and that the Just Cause amendments return at a later date so that staff can ensure appropriate legal review and consistency with the implementation of the RSO.

Exemptions and Scope of Coverage (§ 26.50.030)
Commenters observe that Section 26.50.030 reproduces the Tenant Protection Act (TPA) exemption language, with the effect that Chapter 26.50 applies only to properties subject to the TPA. They advocate that City Council strike four exemptions: the duplex exemption at subsection F; the deed-restricted exemption at subsection I; the “separately alienable” exemption at subsection H; and the exemption for new construction. The stated objective is that every tenancy protected by rent stabilization also receives just cause protection from eviction.

Policy Direction for Council Consideration
Whether just cause protection should extend further than State law requires is a distinct question from where rent stabilization coverage is set, and Council may answer them differently. Eviction protection and rent regulation impose different burdens on an owner: the first constrains the grounds for ending a tenancy, the second constrains price. Council may reasonably conclude that broader coverage is warranted for one and not the other.

Relocation Assistance (§ 26.50.020)
The coalition comments and others request that temporary relocation and tenant safety plans be required for renovation and remodeling work, that permanent relocation for all no-fault displacement be set at no less than the amount determined under the City’s Tenant Displacement Assistance Ordinance (SBMC Chapters 28.89 and 30.190), and that where State or federal law requires additional relocation assistance, the amount and type of assistance be stated in the notice of termination, citing the Housing Crisis Act at Government Code Section 66300 et seq.

Council Agenda Report
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Policy Direction for Council Consideration
Temporary relocation provisions address a gap constituents describe in concrete terms:
tenants displaced by construction that renders a unit uninhabitable in practice without triggering the substantial remodel provisions.

Owner and Family Move-In (§ 26.50.070 (2)(a))
Coalition comments ask Council to limit family move-in to one unit per property, and to restrict:
owner and family move-in evictions of students, school staff and their families during the school year; elderly and disabled tenants; and first responders and their families.

Policy Direction for Council Consideration
Seasonal and status-based protections respond to the observation that displacement is more damaging at particular moments and for particular households. Council should weigh that against the administrative burden of eligibility determination and the fact that an owner’s good-faith need to house a family member does not vary with the tenant’s occupation. A school-year timing restriction is materially easier to administer than an occupation-based one, and Council may wish to treat those requests separately.

At-Fault Just Cause Standards (§ 26.50.070 (1))
Coalition comments also ask that at-fault evictions be permitted only for substantial, material violations a tenant cannot cure, and propose specific amendments across four grounds, each of which requires more in-depth analysis:
● Non-payment. Permit eviction only where the amount owed exceeds one month of fair market rent and prohibit an owner from refusing third-party rental assistance and then evicting for non-payment.
● Lease breach. Require proof of substantial actual injury to the owner or other residents, that the tenant’s conduct was unreasonable, and that the term violated was non-trivial; require written warning and a reasonable opportunity to cure; bar eviction for subleasing where consent was unreasonably withheld; and bar eviction for adding a child, parent, grandchild, grandparent, sibling, spouse, or domestic partner within lawful occupancy limits.
● Nuisance, waste, and criminal activity. Require written notice and a reasonable opportunity to cease, correct, or pay repair costs; limit the ground to substantial Council Agenda Report
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damage or threats to health or safety of other occupants or immediate neighbors; provide that a past arrest away from the property, a past conviction, being a crime victim, or contacting emergency services is not in itself evidence of nuisance. ● Survivor protections. Provide that conduct resulting from a tenant’s status as a survivor of domestic violence, sexual assault, stalking, human trafficking, elder abuse, or another crime never constitutes nuisance, subject to documentation consistent with State and federal law.

Budget/Financial Information
City staff are in the process of identifying a third-party consultant to complete a comprehensive fee study and analysis in support of achieving full-cost recovery for implementation and sustainability of the Rent Stabilization Program. This fee study along with the recommended cost for registration of each rental unit will be presented to City Council for consideration prior to implementation. At that time, City staff will also be requesting a budget appropriation to support start-up costs and program administration for the first year of the Rent Stabilization Program in consideration that full cost recovery may take time to realize.

The proposed amendments to the draft Just Cause Ellis Act Amendments Ordinance will have considerable implications on staffing capacity for education, outreach, documentation, compliance and enforcement. As City Council provides direction on amendments to the draft Ordinance, staff can begin to assess the capacity desired to ensure compliance and determine if additional resources are needed.

Attachments:

1. Matrix of Proposed Amendments from Public Comment Review Period on Draft Residential Rent Stabilization Ordinance

2. Matrix of Proposed Amendments from Public Comment Review Period on Draft Just Cause Ellis Act Amendments Ordinance
Prepared and
Submitted by: Barbara Andersen, Senior Assistant to the City Administrator Daniel Hentschke, Assistant City Attorney
Approved by: Kelly McAdoo, City Administrator
Attachment 1
1 PROPOSED AMENDMENTS TO DRAFT RESIDENTIAL RENT STABILIZATION ORDINANCE Section 26.90.10 Application
Comment
No.

Section
Reference(s
)
Summarized Comment Comments
Received Action Notes
1 A. 3.

Strike through exemption for owneroccupied duplexes
“A property containing two separate
dwelling units with a single structure in
which the owner occupied one of the
units as the owner’s principal place of
residence at the beginning of the
tenancy so long as the owner continues
in occupancy, and neither unit is an
accessory dwelling unit or a junior
accessory dwelling unit.”
SB Tenants
Union,
CAUSE,
SBCAN
(311)
Need
Direction
from Council
This type of occupancy is also
exempt from Just Cause under
SBMC sec. 26.50.030 F (CC sec.
1946.2). It is also found in CC
sec. 1947.12 (d)(6) statewide
rent control.
2 A. 3.

Preserve the owner-occupied duplex
exemption and add an exemption for 1
– 4 unit residential properties.

SBRPA
3 B. 6.

Strike through exemption for deedrestricted units
“Rental units owned, operated, or
managed by a public agency or not for
profit organization and subject to a
recorded covenant or other restriction
that requires renting the unit at rents
affordable to low- or moderate-income
households.”
SB Tenants
Union,
CAUSE,
SBCAN
(311)
Need
Direction
from Council
This type of occupancy is also
exempt from Just Cause under
SBMC 26.50.030 H and from
statewide rent control under CC
sec. 1947.17 (d)(1).
2 4 B. 6.

Retain the exemption for “rental units
owned, operated, or managed by a
public agency or not-for-profit
organization and subject to a recorded
covenant or other restriction that
requires renting the unit at rents
affordable to low- or moderate-income
households.”
Housing
Authority of
the City of
Santa
Barbara
Need
Direction
from Council
This type of occupancy is also
exempt from Just Cause under
SBMC 26.50.030 H and from
statewide rent control under CC
sec. 1947.17 (d)(1).
5 C.

Add: “In all cases, the exemption notice
must be provided to the Office of
Housing and Community Vitality and
served to the tenant in the language the
tenant is known to understand. For a
tenancy commenced or renewed on or
after the effective date of this
Ordinance, the notice must be provided
in a rental agreement, which must be
signed by the landlord or their
authorized agent and offered in
compliance with Chapter 26.40 of this
Title.”
SB Tenants
Union,
CAUSE,
SBCAN
(311)
Amend
Concepts are okay, but language
may be revised to align with
SBMC, program administration,
and other related Ordinance
sections.
6 We should treat small landlords slightly
differently from corporations or large
landlords. When landlords live in their
community, they are more invested in
it. They are more likely to make repairs
or upgrades to their properties, build
relationships with their tenants, and
keep rent more affordable. Small
landlords are also less able to absorb
the cost of maintenance, repairs, and
insurance since they are not able to
Decline
Council direction from April 7,
2026 was to not exempt small
property owners
3 spread these costs across multiple
units and revenue streams.

Section 26.90.020 Definitions
Comment
No.

Section
Reference(s
)
Summarized Comment Comments
Received Action Notes
7 Proposed
New
Language
Add additional language to the
definition of Housing services
“Housing services means amenities
provided by the Landlord in connection
with a tenancy and include, but are not
limited to, repairs, maintenance,
lighting, hot and cold water, electricity
service, heating services, sewer service,
elevator service, window shades and
screens, storage, kitchen, bath and
laundry facilities and privileges, janitor
services, access to exterior doors, entry
systems, and gates, utility infrastructure
charges that are paid by the landlord,
refuse removal, furnishings, telephone,
parking, common areas, recreational
facilities, the right to have a specified
number of occupants, the right to have
pets, and any other benefit, privilege,
arrangement, or facility provided or
contracted in connect with the use of
occupancy of any rental unit.

SB Tenants
Union,
CAUSE,
SBCAN
(311)
Amend
Light is different than lighting.

Water, sewer, gas, and electricity
are generally considered utility
serves. Heating should be
together with air conditioning
and is generally an amenity not
a service.

These concepts are generally
okay, but the language may be
revised.
4 8
Proposed
New
Language
Add additional language to the
definition of Housing Services
“In addition, a Tenant’s right to engage
in Organizing Activities, to receive
assistance from a Tenant Association,
and to have Organizing Activities occur
at the Property shall qualify as a
housing service, and landlord’s failure to
confer in good faith with a Tenant
Association may support a petition for a
substantial decrease in Housing
Services.”
SB Tenants
Union,
CAUSE,
SBCAN
(311)
Need
Direction
from Council
This raises potential
constitutional issue under Cedar
Point Nursery v. Hassid, 549 U.S.
139 (2021).

This is also a substantive
provision that does not belong
in a definition.
9 Proposed
New
Language
Create a new defined term for
“Optional Amenities” and clarify the
optional amenities are not considered
Housing Services unless they are
included as part of the Rental
Agreement without a separate charge.

SBAOR
Need
Direction
from Council
10 Proposed
New
Language
Clarify the definition of “Landlord” to
specify that a sublessor is considered a
Landlord only when the sublease is
authorized by the Owner and the lease
or Rental Agreement expressly
authorizes the sublessor to lease the
rental unit and receive rent.

SBAOR
Staff will consider this revision
prior to Ordinance introduction.
11 Proposed
New
Language
Add new definition for Primary
Residence
“Primary Residence means a housing
unit that is an individual’s usual place of
return. Occupancy of a Primary
Residence does not require an individual
SB Tenants
Union,
CAUSE,
SBCAN
(311)
Amend
Language may be revised.
5 to be physically present in the unit at all
times or continuously.

Factors that indicate Primary Residence
include:
a. The individual carries on basic
living activities at the residence
for extended periods;
b. The residence is listed with other
public agencies, including
federal, state, and local taxing
authorities as the individual’s
Primary Residence;
c. Utilities are billed to and paid by
the individual at the residence;
d. A homeowner’s tax exemption for
the individual has not been filed
for a different property;
e. The individual is not registered to
vote at any other location;
f. All or most of the individual’s
personal possessions have been
moved into the residence;
g. The residence is the place the
individual normally returns to as
their home, exclusive of military
service, hospitalization, vacation,
family emergency, travel
necessitated by employment or
education, incarceration, or
other reasonable temporary
periods of absence; and/or
6 h. Other relevant factors
illustrating Primary Residence.

In order for a housing unit to qualify as
a Primary Residence by a Landlord,
ownership must be held by the natural
person claiming Primary Residence and
cannot be held by a limited liability
corporation, limited partnership, or
other corporate structure. A housing
unit owned by a living trust may qualify
as a Primary Residence if the trust
beneficiary meets the above criteria, so
long as the Landlord provides
documentation of the Program of the
name and address of all trust
beneficiaries.”
12 Delete “covered” from definition of
Property.

SB Tenants
Union,
CAUSE,
SBCAN
(311)
Amend
13 Proposed
New
Language
Add new definition for Organizing
Activities
Organizing Activities means activities
by Tenants or individuals acting on
behalf of Tenants for their shared
collective interests as Tenants,
regardless of whether they share the
same Landlord or management
company. Collective interests may
include but are not limited to concerns
SB Tenants
Union,
CAUSE,
SBCAN
(311)
Need
Direction
from Council
Needs further analysis by City
Attorney’s Office. If Council
would like to include the
language provisions, it may
need to be a separate from
Chapter 26.90.
7 regarding Housing Services, repairs and
maintenance, security, rent amounts or
rent increases, evictions, discrimination,
or harassment. Organizing Activities
shall include, but are not limited to:
a. Engaging with other Tenants for
the purpose of mutual aid and
protection;
b. Convening Tenant or Tenant
Association meetings in an
appropriate space accessible to
Tenants under the terms of their
Rental Agreement;
c. Providing Property access to
Tenant organizers, advocates, or
representatives working with or
on behalf of Tenants living at a
Property;
d. Distributing and posting
literature informing other
Tenants of their rights and of
opportunities to involve
themselves in their project in
common areas, including lobby
areas, bulletin boards, public
space or social media, or
communicating with other
Tenants about their rights;
e. Advocating for government
action or legislation addressing
issues of particular concern to
Tenants;
8 f. Initiating contact with other
Tenants, including by conducting
door-to-door surveys, to
ascertain interest in and/or seek
support for forming a Tenant
Association;
g. The operations of a Tenant
Association, including joining or
supporting a Tenant Association;
or
h. Otherwise acting on behalf of one
or more Tenants in the building
regarding issues of common
interest or concern.
14 Proposed
New
Language
Add language to definition of Rent:
“Rent means all periodic payments and
all nonmonetary consideration a Tenant
pays in exchange for use of occupancy of
a Rental Unit and common areas…”
SB Tenants
Union,
CAUSE,
SBCAN
(311)
Amend
Additional research on
examples by City Attorney’s
Office. Language may be revised.
15 Proposed
New
Language
Add language to Rent Stabilization
Board:
“The Rent Stabilization Board is the
board established by this Chapter to
provide oversight and direct
enforcement of Title 26 of the Santa
Barbara Municipal Code.”
SB Tenants
Union,
CAUSE,
SBCAN
(311)
Need
Direction
from Council
This addition is substantive and
does not belong in a definition.

The duties of the RSB are
addressed in other sections of
this Chapter. Enforcement by a
Board is legally problematic.
16 Proposed
New
Language
Add language to definition of Rental
Unit:
“Rental unit means any building or
structure, or part thereof, land
SB Tenants
Union,
CAUSE,
SBCAN
Decline
The second sentence in the
definition addresses a rental
unit without a valid certificate
of occupancy for use as rental
housing which already
9 appurtenant thereto, or any other
property rented or offered for rent for
residential purposes regardless of
zoning or permitting status.”
(311) incorporates this proposed
change.

Section 26.90.30 Stabilization of Rents
Comment
No.

Section
Reference(s
)
Summarized Comment Comments
Received Action Notes
17 A. Delete implemented and replace it with
“allowed.”
SB Tenants
Union,
CAUSE,
SBCAN
(311)
Amend
18 B. Strike through “covered”
SB Tenants
Union,
CAUSE,
SBCAN
(311)
Decline
Included for clarification of
units that are subject to rent
stabilization
19 C.

Edit language as follows “…a landlord
may set the initial rent for a new
tenancy following the lawful vacancy of
a covered rental unit, subject only to
the limitations of this Municipal Code
and in accordance with federal and
State law.”
SB Tenants
Union,
CAUSE,
SBCAN
(311)
Decline
Rents to new tenants are subject
only to the limitation of
California statute.
20 F.

Add new section on Utilities
“Beginning January 1, 2027, a Landlord
may not charge a Tenant for Utilities in
SB Tenants
Union,
CAUSE,
Need
Direction
from Council
The existing language already
protects the tenants from
separating utility charges (part
of housing services) without a
10 addition to Rent. Utilities may only be
paid by a Tenant when the Utility service
is separately or individually-metered
and the Utility account is registered to
the Tenant and not the Landlord. Any
attempt by a Landlord to allocate or
divide utility charges to Tenants,
including but not limited to use of a
ratio utility billing systems (RUBS),
submetering, or other methods of
passing utility costs to Tenants, shall
constitute a prohibited increase in rent
under this Chapter. Such charges are
expressly prohibited regardless of
whether they are authorized by the
Rental Agreement or any written lease
provision.”
SBCAN
(311)
reduction in rent. This proposed
language is inconsistent with
the existing language. Also, the
prohibition against submetering
is inconsistent with the City’s
water conservation objectives.

This needs further substantive
evaluation by the City
Attorney’s Office.
21 F. 1 and 2.

Add language under “1. Notice of the
existence rights provided by of this
Chapter in English and Spanish; 2.

Notice in English in Spanish that no rent
increase shall take effect until the
requirements of this Chapter have been
met.”
SB Tenants
Union,
CAUSE,
SBCAN
(311)
Amend
Section 26.90.040 Annual General Rent Adjustment
Comment
No.

Section
Reference(s
)
Summarized Comment Comments
Received Action Notes
22 B.

Raise the annual general adjustment
above 60% of CPI with a cap of 3%.

Requests range from 100% of CPI to
SBRPA;
Multiple
Property
owners
Decline
A flat % is recommended for
ease of program administration
and maximum predictability.

However, Council direction has
11 deferring entirely to State law (AB
1482)
been clear on this rent cap
formula since April 7, 2027.
23 B.

Establish a minimum annual
adjustment and increase the
proposed maximum annual
adjustment.

SBAOR Decline
24 B.

Expressly authorize banking of
unused Annual General Rent
Adjustments.

SBAOR Decline
Council direction on April 7,
2026 was clear on not allowing
rent banking.

Section 26.90.050 Petition for Special Adjustment – Fair Return Comment
No.

Section
Reference(s
)
Summarized Comment Comments
Received Action Notes
25 Proposed
New Section
Provide an individualized petition
or adjustment process for owners
whose December 15, 2025 Base
Rent does not reflect actual
operating economics (below-market
tenancies, extended vacancy, prerental repairs, inherited tenancies).

Multiple
property
owners
Decline
This can be addressed through
Fair Return Petition Process.
26 Proposed
New Section
Publish a fair-return worksheet and
methodology so petitions can be
prepared and decided on an
objective basis and defined timeline
without professional
representation.

Radius
Commercial
Real Estate;
Multiple
property
owners
Staff can take this into
consideration during
development of program
administration model.
27 A.

Add language that states “The
Program Administrator, with the
approval or at the direction of the
Rent Stabilization Board, may issue
regulations to further govern
SB Tenants
Union,
CAUSE,
SBCAN
Need
Direction
from Council
This is a substantive change. If
the Council desires to empower
the RSB to self-initiate
regulations, then other language
12 petitions in accordance with law
and the purposes of this Chapter.
(311) may be used to accomplish this
objective.
28 B.

Change language as follows “The
intention of this Section is that
individual upward rent adjustments
shall be granted…”
SB Tenants
Union,
CAUSE,
SBCAN
(311)
Amend
29 E.

Remove the following language:
“A landlord has the right to obtain a net
operating income equal to the base year
net operating income adjusted by the
change in the Consumer Price Index
from the base year to the current year,
which shall be presumed to be a fair rate
of return. The current year CPI shall be
the annual CPI for the calendar year
preceding the calendar year when the
application is filed. While it is presumed
that the maintenance of net operating
income standard under this Section
provides a fair return, nothing in this
Section prevents the Hearing Officer or
Rent Stabilization Board from granting
a rent increase that is necessary to meet
constitutional requirements.”
Replace language with: “The Hearing Officer and the Rent Stabilization Board shall not determine
a fair return solely by the application of
SB Tenants
Union,
CAUSE,
SBCAN
(311)
For the purposes of this
Ordinance, it is to be presumed
that the MNOI standard
provides a fair return for
administrative efficiency and
Constitutional defensibility
If other factors are considered
other amendments are needed.

Some of the deleted language
should remain because it
establishes the basis for
determining adjustments. Vague
reference to “inflation over
time” is problematic.
13 a fixed or mechanical accounting
formula, but there is a rebuttable
presumption that Maintenance of Net
Operating Income for the Base Year, as
adjusted by inflation over time, provided
by a Landlord with a fair return on
property.”
30 E.

Define “Maintenance of Net Operating
Income (MNOI). The Fair Return
definition references MNOI, which is
undefined and cites an incorrect
section.
(1)
Staff will work to clarify the
language in this section.
31 F.

Change language to state “The Landlord
may present evidence to rebut the
presumptions of fair return under
subsection E of this Section, including
but not limited to: and consistent with
at least one of the following findings:”
SB Tenants
Union,
CAUSE,
SBCAN
(311)
Amend
Language may need to be
revised.
32 H.

Include mortgage interest,
depreciation, and standard capital
expenses in operating expense
calculation.

Multiple
property
owners
Decline
33 H. 3.

Add language to “Operating expenses
include costs directly tied to the
property or proportionately divided for
its operation, such as:”
SB Tenants
Union,
CAUSE,
SBCAN
(311)
Amend
Need clarification of the
problem the proposed language
is trying to solve. Language may
need to be revised.
34 H. 3. g.

Edit language as follows:
“Reasonable attorneys’ fees and costs
necessary to incurred in connection
with successful good faith attempts to
SB Tenants
Union,
CAUSE,
SBCAN
Amend
Language may need to be
revised.
14 recover rents owed, successful good
faith unlawful detainer actions not in
derogation of applicable law, and legal
expenses necessarily incurred in
dealings with respect to the normal
operatione of the property as a rental
unit, but excluding attorneys’ fees
incurred with respect to a petition
under this Chapter shall be excluded.”
(311)
35 J.

Add language that states “If a period for
determining the allowable rent
increase pursuant to this Section
exceeds 120 days, and the landlord did
not in any way contribute to the delayed
determination, then the landlord may
include a supplemental request to
recover increases…”
SB Tenants
Union,
CAUSE,
SBCAN
(311)
Amend
Language may need to be
revised.
36 Proposed
New Section
Create a simplified process for owners
of substantially below-market units to
demonstrate the gap by comparables
and obtain either a one-time increase
or multi-year catch-up adjustment.
(4) Decline
This can be addressed through
the Fair Return Petition Process.
37 Proposed
New Section
Add a financial hardship petition
process for small housing providers,
with objective standards, defined
timelines and written findings.

Multiple
property
owners
Decline
Council direction has been clear
since April 7, 2027 on no
exemptions for small property
owners. Financial hardship can
be addressed through Fair
Return Petition Process.

Section 26.90.060 Petition for Special Adjustment – Capital Improvements 15 Comment
No.

Section
Reference(s
)
Summarized Comment Comments
Received Action Notes
38 A.

Add language that states “A landlord
who owns four or fewer rental units in
the City of Santa Barbara and is neither
a real estate investment trust, as defined
by Section 865 of the Internal Revenue
Code, a corporation, or a limited liability
company in which at least one member
is a corporation, may file a capital
improvement petition…”
SB Tenants
Union,
CAUSE,
SBCAN
(311)
Need
Direction
from Council
Excluding a class of landlords
from the ability to obtain a
capital improvement
adjustment raises significant
legal issues.
39 B.

Allow capital improvements completed
since the initial rent freeze to qualify
for pass-through treatment; owners
have had no recovery mechanism
during that period.
(1)
Need
Direction
from Council
40 B.

A tenant petition to adjust rent
downward is unnecessary for deedrestricted affordable housing developments, all of which are already
subject to habitability and compliance
standards with mandatory periodic
inspections to ensure the rental units
are maintained in a habitable condition.

Housing
Authority of
the City of
Santa
Barbara
For Council
Consideratio
n
41 B. Expand and clarify the list of eligible
capital improvements. SBAOR Decline
Council direction was clear from
June 9, 2026 on allowable
capital improvements and
Ordinance draft was edited
prior to June 10, 2026 Public
Review Draft being released.
16 42 B.

Expressly recognize improvements
required by law as eligible capital
improvements.

SBAOR
43 B. Establish objective useful life schedules
based on recognized standards. SBAOR
44 D.

Edit language to read “A capital
improvement petition must shall only
be initiated after by the landlord’s
Tenant Safety Plan is approved pursuant
to Section 26.90.130 and served on the
affected Tenants within two years of
completing the capital improvement.”
SB Tenants
Union,
CAUSE,
SBCAN
(311)
Need
Direction
from Council
This is a significant, new
substantive limitation.
45 F.

Delete this section “A landlord may not
require a tenant to pay any amount of
any cost that is attributable to any
period of time that the tenant was not
entitled to use and occupy the rental
unit.”
SB Tenants
Union,
CAUSE,
SBCAN
(311)
Decline
This clarification may be
important in some cases.
46 J. a.

Raise or remove the pass-through cap
of $100 per month or 10% of rent,
whichever is less.

SBRPA
Need
Direction
from Council
47 Proposed
New Section
Families using public benefits should
not be forced to pay for Capital
Improvements
SB Tenants
Union,
CAUSE,
SBCAN
(311)
Need
Direction
from Council
Concerned about how costs
would be recovered by the
property owner. There needs to
be a mechanism to recoup
Capital Improvement costs.
48 Proposed
New Section
Families earning less than 80% of AMI
should not be forced to pay for Capital
Improvements
SB Tenants
Union,
CAUSE,
SBCAN
Need
Direction
from Council
Concerned about how costs
would be recovered by the
property owner. There needs to
be a mechanism to recoup
Capital Improvement costs.
17 (311)
49 Proposed
New Section
Require Tenant Safety Plan approved
prior to any Capital Improvement
SB Tenants
Union,
CAUSE,
SBCAN
(311)
Need
Direction
from Council
A new and separate program
would need to be developed for
enforcement of these proposed
revisions.
50 Proposed
New Section
Notice of Capital Improvement must be
delivered to tenant before work begins
or before pass-through may be
approved
SB Tenants
Union,
CAUSE,
SBCAN
(311)
Need
Direction
from Council
51 Proposed
New Section
Clear timeline for Capital
Improvements
SB Tenants
Union,
CAUSE,
SBCAN
(311)
Staff will take this into
consideration in developing the
program administration model.
52 Proposed
New Section
Relocation assistance or plans to be
moved into alternate unit during
Capital Improvements
SB Tenants
Union,
CAUSE,
SBCAN
(311)
Need
Direction
from Council
53 Clarify
Existing
Language
Standardize documentation required
for all petitions. SBAOR
Staff will take this into
consideration in developing the
program administration model.
54 Clarify
Existing
Language
Clarify eligibility and valuation of
owner-performed labor. SBAOR
Need
Direction
from Council
18 55 Proposed
New Section
Clarify that an improvement does not
become eligible merely because it also
increases property value.

SBAOR
For Council
Consideratio
n
Section 26.90.070 Tenant Petition for Downward Adjustment Comment
No.

Section
Reference(s
)
Summarized Comment Comments
Received Action Notes
56 A.

Delete “a tenant petition under this
subsection must specify the conditions
alleged to constitute the failure to
maintain the rental unit or units in
habitable condition and demonstrate
that the Landlord was provided with
reasonable notice and opportunity to
correct the conditions alleged in the
petition.”
SB Tenants
Union,
CAUSE,
SBCAN
(311)
Deletion of this language is not
recommended. The language is
necessary to protect landlord’s
due process rights.
57 A. Define what constitutes a material
reduction in Housing Services. SBAOR
For Council
Consideratio
n
58 A.

Require written notice and an
opportunity to restore Housing
Services before a petition may be filed,
except in emergencies.

SBAOR
For Council
Consideratio
n
59 A.

Provide that deterioration caused by
the tenant, including damage beyond
ordinary wear and tear, is not a basis
for a downward adjustment.
(1)
For Council
Consideratio
n
60 A. Exclude insignificant reductions that do
not materially affect the tenancy. SBAOR
For Council
Consideratio
n
19 61 A.

Remove the linkage between
habitability and the annual rent
adjustment on the ground that
habitability is addressed by statute
through rent damage offsets.

SBRPA
For Council
Consideratio
n
62 B.

Delete “a tenant petition under this
subsection must specify the conditions
alleged to constitute the failure to
maintain the rental unit or units in
habitable condition and demonstrate
that the Landlord was provided with
reasonable notice and opportunity to
correct the conditions alleged in the
petition.”
SB Tenants
Union,
CAUSE,
SBCAN
(311)
Need
Direction
from Council
Deletion of this language is not
recommended. The language is
necessary to protect landlord’s
due process rights.
63 A. and B. Require objective evidence supporting
the petition. SBAOR
Staff will take this into
consideration in developing the
program administration model.
64 Proposed
New
Paragraph
Require any rent reduction to be
proportional to the demonstrated loss. SBAOR
For Council
Consideratio
n
65 Proposed
New
Paragraph
Clarify that temporary interruptions
resulting from approved Capital
Improvement projects do not
automatically qualify for a downward
adjustment.

SBAOR
For Council
Consideratio
n
Section 26.90.090 Rent Stabilization Board
Comment
No.

Section
Reference(s
)
Summarized Comment Comments
Received Action Notes
20 66 A.

Five, not seven, members with three
tenants and two non-tenants and two
alternates, with one of each category.

Five members will make it easier to
reach a quorum.

SB Tenants
Union,
CAUSE,
SBCAN
(311)
Need
Direction
from Council
Composition of the Board is per
the discretion of Council.
67 A.

Provide balanced representation of
tenants, housing providers, and neutral
public members. Limit Board authority
so that major policy decisions remain
with the City Council.

Multiple
property
owners
Need
Direction
from Council
68 A. Strengthen the conflict-of-interest,
recusal, and impartiality requirements. SBAOR
Staff will take this into
consideration prior to
Ordinance introduction.
69 A.

Clarify that the Board acts upon the
advice of the City Attorney or other
authorized legal counsel.

SBAOR Decline
70 B.

Allow the Rent Board to issue
regulations or procedures (such as
those governing fair return petitions
and the rental registry) “at the
direction of” or “approved or directed
by” the Rent Stabilization Board.

SB Tenants
Union,
CAUSE,
SBCAN
(311)
Decline
Council direction received on
May 21, 2026 was to not enable
the Board to create and adopt
their own rules and regulations;
the Board makes
recommendations to Program
Administrator and/or Council.
71 B. 6.

Edit language to state “Perform other
duties as are designated by resolution
or motion of the City Council to oversee
and enforce compliance with Title 26 of
this Code.”
SB Tenants
Union,
CAUSE,
SBCAN
(311)
Need
Direction
from Council
The deletion of this language is
not recommended.

Expanding the power of an
appointed body to include
enforcement is not
recommended.
21 72 C. Delete “The board shall not create
temporary or standing committees.”
SB Tenants
Union,
CAUSE,
SBCAN
(311)
Need
Direction
from Council
Do not recommend deletion.

This is inconsistent with City
policy for appointed Boards and
Commissions.
73 Proposed
New
Language
Establish minimum qualifications and
required training for Board members. SBAOR
Staff will take this into
consideration in developing
program administration model.
74 Proposed
New
Language
Require written findings for Board
decisions. SBAOR Amend
Language may be revised.
75 Proposed
New
Language
Expand meeting transparency and
public access to Board decisions. SBAOR
All meetings will be held as
required by the Brown Act.

Hearing and decision
documents are public records.

This will be noted in program
policies and procedures.
76 Proposed
New
Language
Require an annual administrative
report evaluating program operations
and efficiency.

SBAOR
Staff will take this into
consideration in developing
program administration model.

Section 26.90.100 Rental Registry
Comment
No.

Section
Reference(s
)
Summarized Comment Comments
Received Action Notes
77 Proposed
New
Language
Require all rental units to register. Draft
only applies to “covered units.”
SB Tenants
Union,
CAUSE,
SBCAN
(311)
Need
Direction
from Council
This would require additional
considerations for program
administration, program fees,
and ensuring compliance.
22 If Council approves proposed
amendment, recommend that
the Rental Registry be moved
out of Chapter 26.90 and put
into a new Chapter 26.100.
78 A.

Include “in English and Spanish”
regarding making registration or
registration forms available
SB Tenants
Union,
CAUSE,
SBCAN
(311)
Amend
79 Proposed
New Section
Register all units that are not the
owner’s primary residence sharing
facilities (bathroom/kitchen) (i.e. home
shares don’t need to register)
SB Tenants
Union,
CAUSE,
SBCAN
(311)
Need additional clarification on
how this would be applied.
80 C. 2.

Add language that states “The form
shall be provided in English and Spanish,
shall be served on tenants according to
Civil Code Section 1162, and shall
comply with Civil Code Section 1962,
advising…”
SB Tenants
Union,
CAUSE,
SBCAN
(311)
Amend
Language may need to be
revised.
81 F.

Information that SHOULD be included
in the registry: who owns the unit, year
built, occupancy/vacancy status, date
of last rent increase, date of start of
annual year lease, how much rent is
being charged.

Information that SHOULD NOT be
included in the rent registry to avoid
privacy issues: no identifying
SB Tenants
Union,
CAUSE,
SBCAN
(311)
Amend
All suggestions are already
included except for how much
rent is being charged, which can
be added.
23 information of tenant, no tax
information about the property.
82 F. Require updates only when material
changes occur. SBAOR
For Council
Consideratio
n
83 Proposed
Procedural
Clarification
Publish a detailed, auditable fee study
before adoption demonstrating that the
registry fee satisfies Proposition 26 and
Jacks v. City of Santa Barbara, itemizing
personnel, technology, database,
inspection, hearing, and legal costs and
the overhead allocation methodology.

Multiple
property
owners
Staff will be working with an
independent contractor to
complete a third-party fee study.
84 Proposed
New Section
Waive or discount registry fees for
senior and tenants and senior housing
providers.
(1)
Council can consider this
request after fee study and
analysis is presented.
85 Proposed
Exemption
Imposing a rental registry fee on deedrestricted affordable housing will further undermine the Housing
Authority’s available operational
income for the management and
development of these critical affordable
housing projects
Housing
Authority of
the City of
Santa
Barbara
For Council
Consideratio
n
86 Proposed
Procedural
Clarification
Clarify registration procedure where
multiple parties rent individually
within one single-family home,
including a possible per-room registry.
(3)
Staff will take this into
consideration in creating rental
registry policies.
87 Proposed
Procedural
Clarification
Adopt and publish a comprehensive
Data Governance and Privacy Policy
before compelling registry
participation covering data elements
and their necessity, access controls,
encryption, multi-factor authentication,
SBRPA,
SBAOR,
Multiple
Property
Owners
The City is governed by Federal
and State policy relating to data
security and protection. A
general citywide Data
Governance and Privacy Policy
24 audit logs, penetration testing, breach
notification, retention and destruction
schedules, correction procedures, and
Public Records Act treatment.
is being drafted for Council
consideration prior to year-end.
88 Proposed
New Section
Analyze the effect of mandatory
registration on unpermitted and legally
nonconforming units, and consider a
safe harbor, amnesty period, or
deferred registration pathways
encouraging legalization rather than
removal.

Multiple
property
owners
Need
Direction
from Council
89 Proposed
New
Language
Require exempt units to register only
once unless exemption status changes. SBAOR
Need
Direction
from Council
90 Proposed
New
Language
Allow owners to self-certify exemptions
unless additional documentation is
reasonably required.

SBAOR
Need
Direction
from Council
91 Proposed
New
Language
Provide notice and an opportunity to
correct registry deficiencies before
penalties are imposed.

SBAOR
Need
Direction
from Council
92 Proposed
New
Language
Eliminate duplicate reporting where
the City already possesses the
information.

SBAOR
The Rental Registry is being
tailored for the required
information as detailed in the
Ordinance and to support the
successful implementation of a
Rent Stabilization and other
tenant protection programs.
93 Proposed
New
Language
Require an electronic filing system. SBAOR
Staff will take this into
consideration when developing
the program administration
model.
25 94
Proposed
New
Language
Limits fees to the City’s actual cost of
administering the registry. SBAOR
The fees to register each rental
unit are associated with the full
costs of the program, not just
administration of the registry.
95 Proposed
New
Language
Limit use of registry information to
administration of the Ordinance. SBAOR Decline
The Rental Registry is being
tailored for the required
information to support the
successful implementation of a
Rent Stabilization Program and
other tenant protection
programs.
96 Proposed
New
Language
Periodically review reporting
requirements to eliminate unnecessary
information.

SBAOR
Staff will take this into
consideration when developing
the program administration
model.

Section 26.90.120 Remedies Enforcement
Comment
No.

Section
Reference(s
)
Summarized Comment Comments
Received Action Notes
97 Proposed
New Section
“If any action to recover possession of a
covered rental unit, the landlord shall
plead and prove compliance with this
Chapter and compliance shall be a
prima facie element necessary for any
claim to recover possession of a
covered rental unit.”
SB Tenants
Union,
CAUSE,
SBCAN
(311)
Amend
Language may need to be
revised.
98 A. List the specific criminal code sections
referenced or strike the provision. (1)
For Council
Consideratio
n
26 99
Proposed
New
Language
Prioritize education and voluntary
compliance before penalties are
imposed.

SBAOR
Staff will be facilitating
education and outreach
campaign to educate landlords
and tenants of new regulations.
100
Proposed
New
Language
Establish a graduated enforcement
process.

SBAOR
For Council
Consideratio
n
101
Proposed
New
Language
Require written notice and an
opportunity to correct violations before
enforcement.

SBAOR
The enforcement process will
adhere to similar processes
across City departments that
include written notice and
opportunity for compliance.
102
Proposed
New
Language
Clearly define enforceable violations. SBAOR
For Council
Consideratio
n
103
Proposed
New
Language
Require penalties to be proportional to
the violation. SBAOR
For Council
Consideratio
n
104
Proposed
New
Language
Consider good faith efforts when
determining penalties. SBAOR
For Council
Consideratio
n
105
Proposed
New
Language
Distinguish between technical,
repeated and intentional violations. SBAOR
For Council
Consideratio
n
106
Proposed
New
Language
Clarify appeal rights and procedures. SBAOR
For Council
Consideratio
n
107
Proposed
New
Language
Suspend penalties while a timely
appeal is pending. SBAOR
For Council
Consideratio
n
27 108
Proposed
New
Language
Publish a schedule of violations and
penalties. SBAOR
For Council
Consideratio
n
109
Proposed
New
Language
Publish enforcement policies and
administrative guidance. SBAOR
Staff will take this into
consideration in developing the
program administration model.
110
Proposed
New
Language
Apply enforcement consistently to
similarly situated parties. SBAOR
For Council
Consideratio
n
111
Proposed
New
Language
Publish annual enforcement statistics
to evaluate program administration. SBAOR
Staff will take this into
consideration in developing the
program administration model.

Section 26.90.130 Hearing Officers
Comment
No.

Section
Reference(s
)
Summarized Comment Comments
Received Action Notes
112 Change Title
of Section
Change title to “Independent Hearing
Officers”
SB Tenants
Union,
CAUSE,
SBCAN
(311)
Amend
113 A.

Edit language to state “The City
Administrator may shall retain
independent hearing officers for the
purposes of this Chapter using any or
all of the following methods:

SB Tenants
Union,
CAUSE,
SBCAN
(311)
Need
Direction
from Council
Provision is designed to be
authorizing. Authorization
should be broad to allow
flexibility over time and to
respond to changed
circumstances.
114 A. 1 – 4 Delete all sections.

SB Tenants
Union,
CAUSE,
Need
Direction
from Council
This limits the ability to retain a
hearing officer, which we’ve
learned from other cities is
28 SBCAN
(311)
becoming a very high-demand
and expensive role to retain. It
also removes flexibility of
managing costs depending on
the number of petitions
received.
115 B.

Delete “If a panel has been appointed, a
vacancy in any one of the hearing
officer panel positions shall be filled in
the same manner in which the position
that has become vacant was filled, and
the person appointed to such a vacancy
shall serve the remainder of the
unexpired term of the person who left
office or was removed from office.”
SB Tenants
Union,
CAUSE,
SBCAN
(311)
Need
Direction
from Council
116 Proposed
New Section
“The Program Administrator, in
consultation with the City Attorney, and
upon approve of the Rent Stabilization
Board, shall be authorized to create
regulations to ensure that expert
hearing officers are free from bias and
any appearance of conflicts of interest,
and that disqualification methods are
accessible to all participants.”
SB Tenants
Union,
CAUSE,
SBCAN
(311)
Need
Direction
from Council
Do not recommend a City
Advisory Group being directly
involved in personnel or
contractor hiring processes.
117
Proposed
New
Language
Establish a transparent appointment
process.

SBAOR
For Council
Consideratio
n
118
Proposed
New
Language
Require continuing education
regarding applicable law. SBAOR
Staff will incorporate these
requirements into Scope of
Services and/or position
description.
29 119 Proposed
New Section
“A hearing officer, who is not a City
employee, shall be an independent
contractor.”
SB Tenants
Union,
CAUSE,
SBCAN
(311)
Need
Direction
from Council
120
Proposed
New
Language
Require Hearing Officers to remain
independent and impartial. SBAOR
Language may be revised.
121 E.

Delete this section: “If a panel of
hearing officers is established, the term
of office of each hearing officer
appointed through the panel
appointment method shall be four
years and shall commence on the day of
his or her appointment, provided that
each such hearing officer shall continue
to serve until his or her successor has
been duly appointed and qualified. A
hearing officer who is in the process of
hearing a matter when the hearing
officer’s term expires, however, shall
continue to discharge his or her duties
as a hearing officer until the matter is
completed. A hearing officer may be
appointed to successive terms.”
SB Tenants
Union,
CAUSE,
SBCAN
(311)
Need
Direction
from Council
If these sections are deleted
from the Municipal Code
Chapter, then they would need
to go into regulations.
122 F.

Delete this section: “An employee
appointed as a hearing officer shall not
have a term of office but shall serve as
an at-will employee of the City. An
attorney contracted for an individual
matter shall not have a term of office
SB Tenants
Union,
CAUSE,
SBCAN
(311)
Need
Direction
from Council
If these sections are deleted
from the Municipal Code
Chapter, then they would need
to go into regulations.
30 but shall serve as an independent
contractor.”
123
Proposed
New
Language
Require decisions to be based solely
upon the administrative record; and
require written findings supporting
every decision.

SBAOR
Staff can revise language for
clarification prior to Ordinance
introduction.
124
Proposed
New
Language
Establish deadlines for issuing decision. SBAOR
Timeline for petition processes
are currently outlined in the
draft Ordinance.
125
Proposed
New
Language
Strengthen disclosure and recusal
requirements. SBAOR
Staff will take this into
consideration in developing the
program administration model.
126
Proposed
New
Language
Establish periodic performance
evaluations. SBAOR
Staff will take this into
consideration in developing the
program administration model.

Proposed New Section 26.90.130
Tenant Safety Plans for Repairs, Construction, and Substantial Renovation for Occupied Rental Properties Comment
No.

Section
Reference(s
)
Summarized Comment Comments
Received Action Notes
127
A. Purpose. The purpose of this Section

26.50.100 is to facilitate Capital
Improvements by Landlords in
renovations and the construction of new
housing without subjecting tenants to
either untenantable housing conditions
during such renovation work or forced
permanent displacement. A Tenant
Safety Plan requires landlords to
mitigate such temporary untenantable
conditions, either through actions to
ensure that Tenants can safely remain in
SB Tenants
Union,
CAUSE,
SBCAN
(311)
Need
Direction
from Council
This a new, substantive
provision that is not directly
related to the Rent Stabilization
Ordinance. It would have
considerable impacts on
program administration.

If Council incorporates
proposed amendment, it should
be as a stand-alone Chapter, not
part of the RSO. Further staff
evaluation is required to
31 place during construction, or through
the temporary relocation of Tenants to
alternative housing accommodations.

These two options should not be
regarded as mutually exclusive but
rather as complementary approaches
that may be appropriate for different
stages of the renovation process.

B. No Landlord shall perform repair,
construction, or Substantial Renovation
on an occupied Rental Unit, a building
containing occupied Rental Units, or on
the same lot as the occupied Rental Unit,
which requires a permit or is performed
in response to an order to abate from
the City building official, without first
obtaining an approval of a Tenant Safety
Plan for such construction, renovations
or repairs.

1. Emergency Repair Exempted.

In the event that a necessary repair must
be completed in less than 48 hours to
ensure the health and safety of a Tenant
Household and no permit is required
before work may commence, the work
may commence without a Tenant Safety
Plan.

2. Substantial Renovation.

For purposes of this Section 26.90.190,
“Substantial Renovation” means work
performed either on a Rental Unit or on
the building containing the Rental Unit
coordinate the proposal with
existing Just Cause restrictions
and proposed Rent Stabilization
Ordinance.
32 that brings the Rental Unit into
compliance with the Housing Code by
making substantial repairs and that
cannot be made while the Tenant lives
there, improves the property by
prolonging its useful life or adding value,
and involves either or both of the
following:
a. Replacement or substantial
modification of any
structural, electrical,
plumbing or mechanical
system that requires a permit
under the Santa Barbara
Municipal Code.
b. Abatement of hazardous
materials, such as lead-based
paint and asbestos, in
accordance with applicable
federal, state and local laws.
c. The Program Administrator
shall not approve a
Landlord's application for a
permit for repairs,
construction, or Substantial
Renovation unless both of the
following conditions have
been met:
i. The Landlord has
submitted a Tenant
Safety Plan to the
Program
Administrator which,
33 in accordance with
this Section 26.50.100,
the Program finds
adequately mitigates
the impact of the
construction,
renovation, or repairs
upon affected Tenants;
and
ii. The Landlord has
submitted to the
Program a
declaration
documenting that the
Landlord served to
affected Tenants both
a Notice of Substantial
Renovation and a copy
of the non-confidential
portions of the Tenant
Safety Plan.

C. Tenant Safety Plan Requirements. At a
minimum, a Tenant Safety Plan shall
provide the following information as
well as any other information the
Program deems necessary to ensure that
the impact of the renovation upon
affected Tenants is adequately
mitigated:

1. Identification of the Landlord, the
general contractor responsible for the
renovation, and any specialized
contractor responsible for hazardous
34 material abatement, including but not
limited to lead-based paint and asbestos.

2. Identification of all affected Tenants,
including the current Rent each Tenant
pays and the date of each Tenant's last
Rent increase. In accordance with
California Civil Code section 1798 et seq.,
information regarding Tenants shall be
considered confidential.

3. Description of the scope of work
covered in the construction, repair or
renovation. This description shall
address the overall work to be
performed on all affected Rental Units
and common areas, the specific work to
be undertaken on each affected Rental
Unit, an estimate of the total project cost
and time, and an estimate of the cost
and time of renovation for each affected
Rental Unit.

4. Identification of the impact of the
renovation on the habitability of
affected Rental Units, including a
discussion of impact severity and
duration of noise, Utility interruption,
exposure to hazardous materials,
interruption of fire safety systems,
inaccessibility of all or portions of each
affected Rental Unit, other potential
health hazards such as exposure to
infectious diseases, and disruption of
other Housing Services.
35 5. Identification of the mitigation
measures that will be adopted to ensure
that Tenants are not required to occupy
an untenantable dwelling, as defined in
California Civil Code section 1941.1,
outside of the hours of 8:00 am through
5:00 pm, Monday through Friday, and
are not exposed at any time to toxic or
hazardous materials including, but not
limited to, lead-based paint and
asbestos. Such measures may include the
adoption of work procedures that allow
a Tenant to remain on-site and/or the
temporary relocation of Tenants.

6. Identification of the impact of the
renovation on the personal property of
affected Tenants, including work areas
which must be cleared of furnishings
and other Tenant property, and the
exposure of Tenant property to theft or
damage from hazards related to work or
storage.

7. Identification of the mitigation
measures that will be adopted to secure
and protect Tenant property from
reasonably foreseeable damage or loss.

8. Identification of a phone number and
email address of a responsible party who
will be responsive to tenant concerns
about the execution of the Substantial
Renovation.

D. Tenant Safety Plan Acceptance.

The Program Administrator shall make
36 a determination of whether the
Landlord's proposed Tenant Safety Plan
is adequate within five working days of
the date the Program Administrator
receives the plan for review. The
Program Administrator shall accept
those plans which meet the
requirements of this Section 26.90.130
and which it determines, with reference
to the standards set forth in California
Civil Code section 1941.1, applicable
local codes, and in accordance with any
regulations or guidelines adopted by the
Rent Stabilization Board, will
adequately mitigate the impacts of
renovation upon Tenants.

1. The Tenant Safety Plan may allow for
the temporary disruption of major
systems during the hours of 8:00 a.m. to
5:00 p.m., Monday through Friday,
without requiring the relocation of
Tenants in order to adequately mitigate
the impacts upon the affected Tenants.

2. The Program Administrator shall
provide landlords with written
indications of deficiencies which must be
addressed whenever a Tenant Safety
Plan is determined to be inadequate. A
landlord may submit an amended plan
in order to correct identified
deficiencies.

3. Once the Program Administrator has
approved a Landlord’s proposed Tenant
37 Safety Plan, the Landlord must provide
impacted Tenants a copy of the
approved Tenant Safety Plan along with
a notice, as provided by the Program
Administrator, of the Tenant’s right to
appeal the Tenant Safety Plan pursuant
to Subsection 26.90.130(E)(4).

4. Landlords and Tenants may appeal
the Program Administrator’s
determination regarding a Tenant
Safety Plan. The appeal shall be made in
writing, upon appropriate forms
provided by the City Attorney’s office,
and shall specify the grounds for appeal,
such as the plan being overly disruptive
or that a temporary relocation should or
should not be provided. The appeal shall
be filed within 15 calendar days of the
service of the Program's determination.

The requested hearing shall be held by
an Independent Hearing Officer within
30 calendar days of the filing of the
appeal following the procedures adopted
under this Chapter. The Independent
Hearing Officer shall issue a written
decision within ten calendar days of the
hearing on the appeal, with a copy of the
decision served on the landlord and the
tenants by first class mail, postage
prepaid, or in person. Such appeals and
hearings shall follow all applicable
procedures specified in Section

26.90.080 and Program regulations.
38 5. Tenants may raise on appeal that job
or childcare schedules or other
unavoidable hardship require relocation
or other mitigation measures beyond
those proposed by the Landlord, in
addition to the other requirements of
this Section 26.90.130.

6. Notwithstanding Subsection

26.90.130(E)(1), a Tenant Safety Plan
shall not be approved if it would allow
Tenants to be exposed at any time to
toxic or hazardous materials, including,
but not limited to, lead-based paint and
asbestos.

E. Substantial Renovation Notice.

In the event that the work proposed is a
Substantial Renovation, service of the
approved Tenant Safety Plan items shall
be provided in the manner prescribed by
section 1162 of the California Code of
Civil Procedure and at least 60 days
prior to the date the Substantial
Renovation is scheduled to begin. Notice
of Substantial Renovation shall be
written in the language in which the
original lease was negotiated and shall
provide the following information.

1. The estimated start and completion
dates of any Substantial Renovation
associated with the accepted Tenant
Safety Plan.

2. A description of the Substantial
Renovation to be performed and how it
39 will impact that particular tenant or
household.

3. Whether temporary relocation will be
required, and if so, a notice concerning
Tenants’ rights under this Chapter.

4. Instructions that Tenants with
questions should consult the Landlord or
the Program.

5. Notice of the Tenant's right to
reoccupy the units under the existing
terms of tenancy upon completion of the
Substantial Renovation.

6. Notice that the Tenant may appeal the
Program’s acceptance of a Tenant Safety
Plan provided such request is submitted
within 15 days of the tenant's receipt of
the Notice of Substantial Renovation.

7. Notice that a tenant can make
complaints to the party responsible
identified in the Tenant Safety Plan.

8. A disclaimer in at least 24-point bold
font on the first page of the notice
stating “THIS IS NOT AN EVICTION
NOTICE. IF YOU HAVE QUESTIONS

CONCERNING YOUR RIGHTS AS A
TENANT CALL [Phone Number of
Program].

F. Short-Term Tenant Relocation Plan.

When a Tenant will be displaced from
their Rental Unit for renovation, repairs,
or construction work for a period of
fewer than thirty days, the Tenant shall
be immediately entitled to receive short-
40 term relocation payments from the
Landlord as set out in Subsection

26.90.130(G)(3). The Tenant may choose
not to receive short-term relocation
payments. If the Tenant receives shortterm relocation payments, the Tenant remains obligated to pay to the
Landlord the lawful Rent in effect when
the Tenant vacates. If the Tenant has
chosen not to receive short-term
relocation payments, the Tenant shall
not be obligated to pay any Rent until
the Tenant reoccupies the Rental Unit.

1. Should a Tenant be displaced for a
greater time than originally notified, the
Landlord shall pay additional short-term
relocation expenses for each additional
day of displacement, to be paid on a
weekly basis prior to each additional
week.

2. The following amounts shall be paid
by the Landlord to the Tenant for each
day of displacement:
a. Hotel or motel accommodations:
$150.00 per Household;
b. Meal expenses: $30.00 per occupant;
c. The dollar amounts specified in this
Subsection 26.50.100(G)(3) shall adjust
annually at the rate of increase in the
Consumer Price Index for All Urban
Consumers: Rent of Primary Residence in
Santa Maria-Santa Barbara for the
preceding calendar year, as that data is
41 made available by the United States
Department of Labor and published by
the Program. The Program shall publish
the new short-term relocation payment
amounts each year following the
increase.

3. A Landlord’s failure to properly
comply with the provisions of this
Section 26.90.130 is not a defense to
failing to provide relocation payments
under this Subsection 26.50.100(G) or
any available remedy.

G. Nothing in this Section 26.90.130 shall
prevent a Tenant from seeking a
reasonable accommodation for
Disability from a Landlord or impact a
Tenant’s existing legal right to Disability
accommodations during renovations.

Attachment 2

PROPOSED AMENDMENTS TO DRAFT JUST CAUSE ELLIS ACT AMENDMENTS ORDINANCE Section 26.50.070 Definitions
Comment
No.

Section
Reference(s) Summarized Comment Comments Received Action Notes 1 1. a.

Add language under Default in the payment
of rent that states: “Rent is only in default
under this Chapter where the Landlord is
legally entitled to collect under the Rental
Agreement, Title 26 of the Municipal Code,
federal, state and another local law.”
SB Tenants
Union,
CAUSE,
SBCAN
(311)
Need
Direction
from Council
Need clarification on the
purpose this addition is
intended to address.
2 1. a.

Add language under Default in the payment
of rent that states: “However, this Subsection
shall not constitute grounds for eviction
where tenant has withheld rent pursuant to
applicable law or where the amount of rent
demanded is less than one (1) month of fair
market rent for a unit of equivalent size in the
Payment Standard published by the Housing
Authority of the City of Santa Barbara. The
notice must include the amount of rent owed,
the period or periods for which it is owed and
the unit size.”
SB Tenants
Union,
CAUSE,
SBCAN
(311)
Need
Direction
from Council
Need additional
clarification on the second
part of this proposed
amendment stating that
the non-payment does not
include lawful withholds.
3 1. a.

Add language under Default in the payment
of rent that states: “In any action to recover
possession of a Rental Unit filed under this
Subsection 26.90.080(A), it shall be a defense
that the Landlord impeded the Tenant's effort
to pay Rent by refusing to accept Rent that a
third party paid on behalf of the Tenant,
refusing to provide a W-9 form or other
necessary documentation for the Tenant to
SB Tenants
Union,
CAUSE,
SBCAN
(311)
Need
Direction
from Council
This is a substantive
limitation that might be
better in a different
section. Language may
need to be revised.
2 receive rental assistance from a government
agency, non-profit organization, or other
third party, or denied access to any payment
method authorized at or immediately prior to
the time of the issuance of any notice to pay
rent or quit.”
4 1. b.

Delete “…as described in paragraph (3) of
Section 1161 of the Code of Civil Procedure,
including, but not limited to, violation of a
provision of the lease after being issued a
written notice to correct the violation.”
SB Tenants
Union,
CAUSE,
SBCAN
(311)
Need
Direction
from Council
5 1. b.

Add new language under breach of material
lease that states “To constitute a breach of
lease, the substantially violated term must be
reasonable and legal and have been accepted
in writing by the Tenant as part of the Rental
Agreement. Where such terms were accepted
by the Tenant or made part of the Rental
Agreement after the initial creation of the
tenancy and the effective date of this
requirement, the Landlord must have first
notified the Tenant in writing that they need
not accept such terms or agree to their being
made part of the Rental Agreement, or where
such terms must be accepted as a matter of
law, the Landlord has notified the Tenant of
the specific legal requirement mandating the
change in terms.”
SB Tenants
Union,
CAUSE,
SBCAN
(311)
Need
Direction
from Council
6 1. b.

Add new language under breach of material
lease that states “To establish a substantial
violation of a material term of the tenancy,
the landlord must demonstrate all of the
following: (1) that the violation caused
SB Tenants
Union,
CAUSE,
SBCAN
(311)
Need
Direction
from Council
3 substantial actual injury to the landlord or to
other residents; (2) that the tenant's conduct
was unreasonable; and (3) that the term of
tenancy is reasonable, legal, non-trivial, and
was accepted in writing by the tenant.”
7 1. b.

Add new language under breach of material
lease that states “Before attempting to
recover possession of a Rental Unit based on
this Subsection 26.90.080(B), the Landlord
shall serve the Tenant a written notice of the
violation that provides the Tenant with a
reasonable opportunity to cure the violation
appropriate to the facts and circumstances.

The warning notice shall inform the tenant
that a failure to cure may result in the
initiation of eviction proceedings and include
sufficient details of the violation to allow the
tenant to reasonably comply and any
information necessary to determine the date,
time, place, witnesses present, and the
circumstances concerning the reason for the
notice. Any such warning notice must be
attached to a notice terminating tenancy.”
SB Tenants
Union,
CAUSE,
SBCAN
(311)
Need
Direction
from Council
8 1. c.

Edit language to read: “Maintaining,
committing, or permitting the maintenance
or commission of a nuisance as described in
paragraph (4) of Section 1161 of the Code of
Civil Procedure where the tenant has created
a threat to the health or safety of other
occupants of the Property or of the immediate
neighbors of the property area. The fact that
a Tenant has been arrested not on the
property or convicted of a crime in the past,
SB Tenants
Union,
CAUSE,
SBCAN
(311)
Need
Direction
from Council
The existing definition
tracks with the just cause
provisions of Civil Code sec
1946.2(b)(1)(C). Need
clarification on why
amendment is being
proposed.

City Attorney’s Office
needs to evaluate further
4 been the victim of a crime, or contacted the
police or other emergency services, in and of
itself, is not evidence of nuisance for purposes
of this Subsection 26.50.080(D). Conduct by a
Tenant that is the result of their status as a
victim of domestic violence, sexual assault,
stalking, human trafficking, elder abuse, or
another crime against the Tenant shall not
constitute nuisance under this Section,
provided that the Tenant can provide
documentation or other evidence consistent
with protections afforded under California
Civil Code sections 1946.7–1946.8 or other
applicable state or federal law.”
how this fits within the
provisions of CC sec.
1946.7 and 1946,8 and
whether these are
potentially preempted.
9 1. d.

Edit language to read: Committing waste as
described in paragraph (4) of Section 1161
of the Code of Civil Procedure. meaning that
the Tenant has continued, after the Landlord
has served the Tenant with a written notice to
cease, to cause substantial damage to or
expressly permitted substantial damage to be
caused to the Rental Unit and, after written
notice, has refused to cease damaging the
premises, or has refused to either make
satisfactory correction or to pay the
reasonable costs of repairing such damage
over a reasonable period of time.”
SB Tenants
Union,
CAUSE,
SBCAN
(311)
Need
Direction
from Council
Existing provision reflects
Civil Code sec.
1946.2(b)(1)(D). City
Attorney’s Office needs to
evaluate further.
10 1. e.

Add language that states: “…the landlord
notified the tenant in English and Spanish or
the language the Tenant is known to
understand that those additional terms were
required to be accepted by law and that those
SB Tenants
Union,
CAUSE,
SBCAN
(311)
Amend
Language may need to be
revised.
5 terms were required to be accepted as a
matter of law.”
11 1. e.

Add language that states: “A Landlord’s
refusal of a subtenant must state the reason
for the refusal. If the Landlord fails to respond
to the Tenant’s request to sublease in writing
within fourteen (14) days of receipt of the
Tenant’s request, the Tenant’s request shall be
deemed approved by the Landlord. A
Landlord's reasonable refusal of the Tenant's
written request may not be based on the
proposed occupant's lack of Creditworthiness,
if the occupant will not be legally obligated to
pay some or all of the Rent directly to the
Landlord.”
SB Tenants
Union,
CAUSE,
SBCAN
(311)
Need
Direction
from Council
This is a substantive
limitation on the landlord’s
ability to control who is or
is not a tenant.
12 1. f.

Delete this section: Criminal activity by the
tenant on the rental unit, including any
common areas, or any criminal activity or
criminal threat, as defined in subdivision (a)
of Section 422 of the Penal Code, on or off
the rental unit, that is directed at any owner
or agent of the owner of the rental unit;
provided that criminal activity or criminal
threat directed at a tenant who is a victim of
domestic violence shall not be the basis for
at-fault or no-fault just cause eviction of the
tenant who is a victim of domestic violence.

SB Tenants
Union,
CAUSE,
SBCAN
(311)
Need
Direction
from Council
Existing provision reflects
Civil Code sec.
1946.2(b)(1)(D).
13 1. g.

Add language that states: “….

Notwithstanding any lease provision to the
contrary, a Landlord shall not take any action
to terminate a tenancy based on a Tenant’s
sublease of the Rental Unit if the Landlord has
unreasonably withheld the right to sublease
SB Tenants
Union,
CAUSE,
SBCAN
(311)
Need
Direction
from Council
This is a substantive new
additional right for tenants.
6 following a written request by the Tenant. The
Tenant must continue to reside in the Rental
Unit as their Primary Residence and the
sublease must replace one or more departed
Tenants under the Rental Agreement on a
one-for-one basis.”
14 2. a. Add “Owner Move-In” to start of paragraph.

SB Tenants
Union,
CAUSE,
SBCAN
(311)
15 2. a.

Edit language that states: “…occupy the
rental unit within ninety days in order to
occupy the rental unit continuously for a
minimum of thirty-six (36) 12 continuous
consecutive months as the person’s primary
residence.”
SB Tenants
Union,
CAUSE,
SBCAN
(311)
Need
Direction
from Council
Substantive revision to
existing. If council agrees
with policy direction,
language revisions
required.
16 2. a.

Add language that states: “Only one specific
unit per building may undergo an “Owner
Move-in” eviction. Once a Landlord has
successfully recovered possession of a Rental
Unit pursuant to this subsection, no other
Landlords may recover possession of any
other Rental Unit at the Property under this
subsection. Any future evictions taking place
at the same Property under this subsection
must be of that same Rental Unit. At all times,
a Landlord may request a reasonable
accommodation to the Program if the
Landlord or enumerated relative is Disabled
and a different unit is necessary to
accommodate the person’s Disability.”
SB Tenants
Union,
CAUSE,
SBCAN
(311)
Need
Direction
from Council
Substantive revision to
existing. If council agrees
with policy direction,
language revisions
required.
7 17 2. a. Change all references to thirty-six (36) from 12 consecutive months.

SB Tenants
Union,
CAUSE,
SBCAN
(311)
Need
Direction
from Council
18 2. a.

Add new paragraph that states: “Eviction
Protection for Elderly, Disabled, or Terminally
Ill Tenants. A Landlord may not evict a Tenant
under Subsection 26.50.070(2)(a.) if:
a. The Tenant has resided in the Rental
Unit for at least three (3) years and is
either at least 62 years of age or
Disabled; or
b. The tenant is certified as being
terminally ill by the tenant's treating
physician.”
SB Tenants
Union,
CAUSE,
SBCAN
(311)
Need
Direction
from Council
19 2. a.

Add new paragraph that states: “School Year
Protections for Educators and Students. It
shall be a complete defense to an action to
recover possession under this Subsection

26.50.070(2)(a.) if:
a. A child under the age of 18 or any
Educator resides in the unit and the
child or Educator is a Tenant in the
unit or the child has a custodial or
family relationship with a Tenant in
the unit;
b. The Tenant has resided in the unit for
12 months or more; and
c. The expiration date of the notice of
termination of tenancy falls during the
School Year.”
SB Tenants
Union,
CAUSE,
SBCAN
(311)
Need
Direction
from Council
8 20 2. a.

Add new paragraph that states: “Protections
for First Responders During Emergencies
It shall be a complete defense to an action to
recover possession under this Subsection

26.50.070(2)(a.) if:
a. A First Responder resides in the
unit; and
b. The expiration date of the
notice of termination of
tenancy falls during a duly
declared state of emergency
under Section 9.116.020 of this
Code.

The owner seeks in good faith to recover
possession to permanently withdraw the
rental unit from the rental market. The notice
of termination must be filed with the City
Administrator’s Office, Office of Housing and
Community Vitality when it is given to the
tenant and must specify the intended use of
the unit and the lot on which the rental unit is
located.”
SB Tenants
Union,
CAUSE,
SBCAN
(311)
Need
Direction
from Council
Needs more definition.

Legal issue as to limitation
to first responders.
21 2. d.

Edit language as follows: “The owner seeks
in good faith to temporarily recover
possession to totally demolish or to
substantially remodel the rental unit,
provided the owner has done all of the
following…”
SB Tenants
Union,
CAUSE,
SBCAN
(311)
Need
Direction
from Council
22 2. d. i.

Edit language as follows: “Obtained all
permits necessary to carry out the
demolition or substantial remodel from the
applicable government agencies."
SB Tenants
Union,
CAUSE,
SBCAN
(311)
Need
Direction
from Council
9 23 2. d. iii.

Edit language to add: “Served the tenants
with an approved Tenant Safety Plan and a
copy of the permits necessary to complete the
proposed work…”
SB Tenants
Union,
CAUSE,
SBCAN
(311)
Need
Direction
from Council

26.50.100 Additional Requirements and Limitations Applicable to Just Cause Evictions to Permanently Remove a Rental Unit from the Rental Market
Comment
No.

Section
Reference(s) Summarized Comment Comments Received Action Notes 24 A. Add “…to recover possession to demolish or
permanently withdraw…”
SB Tenants
Union,
CAUSE,
SBCAN
(311)
25 B.

Strike or narrow the requirement that
withdrawal of one unit triggers removal of
all units on the property from the rental
market for five years.

Multiple
property
owners
Need
Direction
from Council
26 C.

Delete this paragraph “Property that has
been withdrawn from the rental market
pursuant to this Chapter may not be used for
residential rent purposes for a period of 5
years following the date of the last eviction
under subsection B.”
SB Tenants
Union,
CAUSE,
SBCAN
(311)
Need
Direction
from Council
This edit is required if
Council wants to add the
new provisions below. This
is a significant change in
existing policy. New
language being proposed
has implementation
challenges and additional
costs. If Council direction is
given to make the policy
change, language revisions
may be required.
10 27
D.

Proposed
New Section
Add new section that states: “Re-rental
Within Two Years. If the Rental Unit is
offered again for rent or lease for residential
purposes within two years of the date the
Rental Unit was withdrawn from rent or
lease, the following shall apply:
a. The Landlord of the Rental Unit shall
be liable to any Tenant who was
displaced from the Property by that
action for actual and punitive
damages. Any action by a Tenant
pursuant to this paragraph shall be
brought within three years of the
withdrawal of the Rental Unit from
rent or lease. However, nothing in this
paragraph precludes a Tenant from
pursuing any alternative remedy
available under the law.
b. The City Attorney may institute a civil
proceeding against the Landlord for
punitive damages for displacement of
Tenants in violation of this paragraph.

Any action pursuant to this paragraph
shall be brought within three years of
the withdrawal of the Rental Unit
from rent or lease.”
SB Tenants
Union,
CAUSE,
SBCAN
(311)
Need
Direction
from Council
28 D.

Proposed
New Section
Add new section that states: “Right to
Reoccupy. The Landlord shall first offer the
unit for rent or lease to the Tenant displaced
from that unit by the withdrawal pursuant to
this Chapter, if the Tenant has advised the
Landlord in writing within 30 days of the
displacement of the Tenant’s desire to
SB Tenants
Union,
CAUSE,
SBCAN
(311)
Need
Direction
from Council
11 consider an offer to renew the tenancy and
has furnished the Landlord with an address to
which that offer is to be directed. That Tenant
or former Tenant may advise the Landlord at
any time during the eligibility of a change of
address to which an offer is to be directed.
a. If the Tenant has advised the Landlord
of a desire to consider an offer to
renew the tenancy, then the Landlord
shall offer to reinstate a Rental
Agreement or lease on terms
permitted by law to that displaced
Tenant. This offer shall be deposited in
the United States mail, by registered or
certified mail with postage prepaid,
addressed to the displaced Tenant at
the address furnished to the Landlord
as provided in this Subsection

26.90.090(A)(2)(a), and shall describe
the terms of the offer.
b. The displaced Tenant shall have 30
days from the deposit of the offer in
the mail to accept the offer by personal
delivery of that acceptance or by
deposit of the acceptance in the United
States mail by registered or certified
mail with postage prepaid. The Tenant
shall have the option to offer an email
instead of an address to receive such
offers. However, the email must be
offered for this specific purpose to be
considered offered.”
12 29
D.

Proposed
New Section
Add new section that states: “Re-rental of
Rental Units Within Five Years. If the Rental
Unit is offered again for rent or lease for
residential purposes within five years of the
date the Rental Unit was withdrawn from rent
or lease, the Rental Unit shall be offered and
rented or leased at the lawful Rent in effect at
the time any notice of intent to withdraw the
Rental Unit is filed with the Program, plus any
lawful Annual Allowable Rent Increases under
any federal, state or local controls,
restrictions, laws or regulations. The
provisions of this paragraph shall apply to all
tenancies commenced during either of the
following time periods:
a. The five-year period after any notice of
intent to withdraw the Rental Unit is filed
with the Program, whether or not the notice
of intent is rescinded or the withdrawal of the
Rental Unit is completed pursuant to the
notice of intent.
b. The five-year period after the Rental Unit is
withdrawn.

This Subsection shall prevail over any
conflicting provision of law authorizing the
Landlord to establish the rental rate upon the
initial hiring of the Rental Unit.”
SB Tenants
Union,
CAUSE,
SBCAN
(311)
Need
Direction
from Council
30 D.

Proposed
New Section
Add new section that states: “Re-rental
Within Ten Years. A Landlord who offers a
Rental Unit again for rent or lease within 10
years from the date on which it is withdrawn
shall first offer the unit to the Tenant
SB Tenants
Union,
CAUSE,
SBCAN
(311)
Need
Direction
from Council
13 displaced from that unit by the withdrawal, if
that Tenant requests the offer in writing
within 30 days after the Landlord has notified
the Program of an intention to offer the
Rental Unit again for residential rent or lease.

The Landlord of the Rental Unit shall be liable
to any Tenant who was displaced by that
action for failure to comply with this
paragraph, for punitive damages in an
amount which does not exceed the contract
Rent for six months, and the payment of which
shall not be construed to extinguish the
Landlord’s obligation to comply with this
Subsection.”
31 D.

Proposed
New Section
Add new section that states: “Demolition
Restrictions. If the Rental Unit(s) are
demolished, and new Rental Unit(s) are
constructed on the same Property, and offered
for rent or lease within five years of the date
the Rental Unit(s) were withdrawn from rent
or lease, the newly constructed Rental Unit(s)
shall be subject to the system of control
established under any local system of control,
including Chapter 26.90 if operative, at which
time they would be offered at the Rent that
was paid at the time the prior tenancy was
terminated under this Subsection,
notwithstanding any exemption from the
system of controls for newly constructed
Rental Units.”
SB Tenants
Union,
CAUSE,
SBCAN
(311)
Need
Direction
from Council
32 D. Add new section that states: “Applicability to Successors in Interest. When a Landlord withdraws Rental Units from rent or lease
SB Tenants
Union,
Need
Direction
from Council
14 Proposed
New Section
pursuant to Subsection 26.50.100(C), the
requirements of Subsection 26.90.090(A)(2)
shall apply to all successors in interest.”
CAUSE,
SBCAN
(311)
33 Proposed
New Section
Restore sale of property as a lawful basis for
terminating a tenancy. SBAOR
Need
Direction
from Council
34 Proposed
New
Language
Clarify what tenant information remains
confidential and who may access it. SBAOR For Council Consideration 35 Proposed
New
Language
Develop a standardize City form for the
supplemental statement required under
subsection D. 1.

SBAOR
Staff will take this into
consideration once
Ordinance is adopted.
36 Proposed
New
Language
Clarify documentation required to establish
eligibility for the one-year extension. SBAOR
Staff will take this into
consideration once
Ordinance is adopted.
37 Proposed
New
Language
Clarify when the one-year extension
becomes effective and the City’s role in
acknowledging receipt.

SBAOR
Staff will consider this
revision prior to Ordinance
introduction.
38 Proposed
New
Language
Apply consistent filing procedures through
the Ellis Act process. SBAOR
Staff will consider this
revision prior to Ordinance
introduction.
39 Proposed
New
Language
Publish guidance describing the Ellis Act
withdrawal process and required filings. SBAOR
Staff will take this into
consideration once
Ordinance is adopted.

26.50.110 Disclosure of Rights to Tenants Before and After Sale of Rental Units Subject to Chapter 26.50 Comment
No.

Section
Reference(s) Summarized Comment Comments Received Action Notes 40 A. 5.

Remove or revise the pre- and post- sale
disclosure requirements, including the
mandated legal text and the treatment of
estoppel certificates.

SBAOR;
Multiple
property
owners
Need
Direction
from Council
15 41
Proposed
New
Language
Require standardized forms for all filings
required under Chapter 26.50. SBAOR
Staff will consider this
revision prior to Ordinance
introduction.
42 Proposed
New
Language
Permit electronic submission of required
notices and supporting documentation. SBAOR
Staff will consider this
revision prior to Ordinance
introduction.
43 Clarify
Existing
Language
Apply uniform filing procedures throughout
Chapter 26.50. SBAOR
Staff will consider this
revision prior to Ordinance
introduction.
44 Proposed
New Section
Replace transaction-specific guidance
disclosures with a City-prepared Tenant
Rights and Responsibilities Guide.

Require the guide to be provided at the
beginning of a tenancy and upon renewal of
a lease, rather than before and after the sale
of property; require the City to prepare and
periodically update the guide; permit
electronic delivery of the guide when
authorized by law or agreed to by the tenant;
and provide a safe harbor for housing
providers that timely distribute the City’s
approved guide.

SBAOR
Need
Direction
from Council
Section 26.50.120 Recordation of Notice of Restriction on Real Property Comment
No.

Section
Reference(s) Summarized Comment Comments Received Action Notes 45 Eliminate the requirement to record a
tenant’s Right of First Refusal. SBAOR Decline
Not aligned with Council
direction and adoption of
the Ordinance.
16 46
Proposed
New
Language
Track Right of First Refusal obligations
through the City’s registry or administrative
records rather than recorded property
interests.

SBAOR For Council
Consideration
47 Proposed
New
Language
Limit recorded documents to those required
by State law or necessary to provide notice
of restrictions affecting real property.

SBAOR For Council
Consideration
Just Cause Ordinance Section 26.50.020 Relocation Assistance Payments for No-Fault Just Cause Evictions Comment
No.

Section
Reference(s) Summarized Comment Comments Received Action Notes 48 A.

Edit language to state: “…an amount
established by the Tenant Displacement
Assistance Ordinances codified in Sections

28.90.030 and 30.190.030 of the Municipal
Code.”
SB Tenants
Union,
CAUSE,
SBCAN
(311)
Need
Direction
from Council
49 C.

Add sentence to paragraph: “If Federal or
State law requires any additional relocation
assistance or rent waiver beyond the
requirements of this Code, then the landlord
shall provide supplemental notice to the
Tenant of the additional dollar denominated
amount owed and all applicable rights under
Federal and State law to displaced tenants.”
SB Tenants
Union,
CAUSE,
SBCAN
(311)
Need
Direction
from Council
Just Cause Ordinance Section 26.50.030 Applicability
Comment
No.

Section
Reference(s) Summarized Comment Comments Received Action Notes 50 F.

Delete this section: “A property containing
two separate dwelling units within a
single structure in which the owner
occupied one of the units as the owner's
SB Tenants
Union,
CAUSE,
SBCAN
Need
Direction
from Council
17 principal place of residence at the
beginning of the tenancy, so long as the
owner continues in occupancy, and
neither unit is an accessory dwelling unit
or a junior accessory dwelling unit.”
(311)
51 G.

Delete this section: “Housing that has
been issued a certificate of occupancy
within the previous 15 years.”
SB Tenants
Union,
CAUSE,
SBCAN
(311)
Need
Direction
from Council
52 H. 1 – 2
Delete this entire section starting with “A
rental unit that is alienable separate from
the title to any other dwelling unit,
provided that both of the following
apply…”
SB Tenants
Union,
CAUSE,
SBCAN
(311)
Need
Direction
from Council

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