Motion for Judicial Notice in 24CV01633| Trellis.Law

On March 20, 2024 a Motion-Secondary was filed involving a dispute between Noel , Leila J, and City Of Santa Barbara, for Unlimited Writ of Mandate (02) in the District Court of Santa Barbara County.

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1 SARAH J. KNECHT, City Attorney (SBN 138275)
Tava Ostrenger, Acting City Attorney (SBN 249964)
2 Robin L. Lewis, Assistant City Attorney (SBN 199077)
740 State Street, Suite 201
3 Post Office Box 1990
Santa Barbara, California 93102-1990
4 Telephone: (805) 564-5326
Fax: (805) 897-2532
5 Email: tostrenger@santabarbaraca.gov
rlewis@santabarbaraca.gov
6
Attorneys for Respondent, City of Santa Barbara Exempt from fees pursuant to
7 Government Code § 6103
8

9 SUPERIOR COURT FOR THE STATE OF CALIFORNIA

10 COUNTY OF SANTA BARBARA
740 State Street, Suite 201 P.O. Box 1990

11 ANACAPA DIVISION
Santa Barbara, California 93102-1990
Office of the City Attorney
City of Santa Barbara

13 LEILA J. NOËL, Trustee of the Noël Living ) CASE NO. 24CV01633
Trust Originally Dated April 6, 2010, As )
14 Amended and Restated March 18, 2019, ) CITY OF SANTA BARBARA’S
) REQUEST FOR JUDICIAL NOTICE IN
15 Petitioner, ) SUPPORT OF CITY OF SANTA
) BARBARA’S OPPOSITION TO
16 vs. ) PETITIONER’S MOTION FOR
) PRELIMINARY INJUNCTION;
17 CITY OF SANTA BARBARA, ) MEMORANDUM OF POINTS AND
) AUTHORITIES; EXHIBITS A - H
18 Respondent. )
) (Filed Concurrently with City of Santa
19 ) Barbara’s Opposition to Petitioner’s
) Motion for Preliminary Injunction)
20 )
KOOTSTRA SBA, L.P., a California limited ) Date: May 7, 2024
21 partnership; HOWARD KOOTSTRA, an ) Time: 9:00 a.m.
individual; ELAINE KOOTSTRA, an ) Dept: 5
22 individual; CHRISTIAN MENARD, an )
individual; and JENNA KOOTSTRA ) Complaint filed: 3/20/2024
23 MENARD, an individual, ) Assigned to: Judge Colleen K. Sterne,
) Dept. 5
24 Real Parties in Interest. )
)
25

26 TO THE COURT AND TO PETITIONER AND HER ATTORNEYS OF RECORD:

27 PLEASE TAKE NOTICE that Respondent City of Santa Barbara (hereinafter “City” or

28 “Respondent”) hereby requests that the Court take judicial notice of regulations and legislative

_____________________________________ 1
Leila J. Noël, Trustee, etc., v. City of Santa Barbara.
City of Santa Barbara’s Request for Judicial Notice
1 enactments of the City of Santa Barbara pursuant to Evidence Code sections 452, and facts not

2 reasonably disputed, pursuant to Sections 452 and 453 of the Evidence Code, in support of

3 Respondent’s Opposition to Petitioner’s Motion for Preliminary Injunction.

4 The City of Santa Barbara requests judicial notice of the following material laws as

5 established by Santa Barbara Municipal Code (“SBMC”) provisions adopted by City of Santa

6 Barbara Ordinances of the City Council. These documents are regulations and legislative

7 enactments of the City of Santa Barbara and official records of the City kept in the regular course

8 of business.

9 Exhibit A: Certified copy of Santa Barbara Municipal Code Section 30.140.090

10 Exhibit B: Certified copy of Santa Barbara Municipal Code Section 30.300.160
740 State Street, Suite 201 P.O. Box 1990

11 Exhibit C: Certified copy of Santa Barbara Municipal Code Section 30.300.200
Santa Barbara, California 93102-1990
Office of the City Attorney
City of Santa Barbara

12 Exhibit D: Certified copy of Santa Barbara Ordinance No. 5416

13 Exhibit E: Certified copy of Santa Barbara Ordinance No. 5444

14 Exhibit F: Certified copy of Santa Barbara Ordinance No. 5518

15 Exhibit G: Certified copy of Santa Barbara Ordinance No. 5798

16 Exhibit H: Certified copy of Santa Barbara Municipal Code Section 22.69.040

17
DATED: April 23, 2024 SARAH J. KNECHT, City Attorney
18

19
By /s/ Robin L. Lewis
20 Robin L. Lewis
Assistant City Attorney
21 Attorneys for City of Santa Barbara

_____________________________________ 2
Leila J. Noël, Trustee, etc., v. City of Santa Barbara.
City of Santa Barbara’s Request for Judicial Notice
1 MEMORANDUM OF POINTS AND AUTHORITIES

2 Section 450 of the Evidence Code allows judicial notice as provided by law and upon

3 presentation of sufficient evidence. Evidence Code section 452, subdivision (b), allows judicial

4 notice of “[r]egulations and legislative enactments issued by or under the authority of . . . any

5 public entity in the United States.” This provision allows courts to take judicial notice of city

6 ordinances and resolutions and staff reports related to such legislative enactments. (Holmes v.

7 City of Oakland (1968) 260 Cal.App.2d 378, 387; Evans v. City of Berkeley (2006) 38 Cal.4th 1,

8 8.) Further, the court may take judicial notice of “facts and propositions that are not reasonably

9 subject to dispute and are capable of immediate and accurate determination by resort to sources

10 of reasonably indisputable accuracy.” (Evidence Code § 452(h).)
740 State Street, Suite 201 P.O. Box 1990

11 The Santa Barbara Municipal Code provisions attached hereto as Exhibits A, B, C, D, E,
Santa Barbara, California 93102-1990
Office of the City Attorney
City of Santa Barbara

12 F, G and H are regulations and legislative enactments and official records and are proper for

13 judicial notice under Evidence Code section 452(b). These ordinances, code provisions, and

14 official municipal records are also permitted for judicial notice under Evidence Code § 452(h)

15 because they are based on facts that are not subject to reasonable dispute and are readily

16 verifiable.

17 Although judicial notice under section 452 is discretionary, permissive judicial notice of

18 matters within the scope of section 452 becomes mandatory when the provisions of section 453

19 of the Evidence Code are met. Subsection (a) of section 453 requires a trial court to take

20 judicial notice of any matter specified in section 452 if a party requests it and “gives each

21 adverse party sufficient notice of the request, through the pleadings or otherwise, to enable such

22 adverse party to prepare to meet the request” and under subsection (b), if the party “furnishes

23 the court with sufficient information to enable it to take judicial notice of the matter.” Here, the

24 City has given sufficient notice of the request through this motion and has provided the court

25 with sufficient information in the attached Exhibits 1-4 regarding the matters of which judicial

26 notice is requested.

27 Only relevant material may be judicially noticed. (Aquila, Inc. v. Superior Court (2007)

28 148 Cal.App.4th 556, 569.) The attached exhibits of which judicial notice is requested are Santa

_____________________________________ 3
Leila J. Noël, Trustee, etc., v. City of Santa Barbara.
City of Santa Barbara’s Request for Judicial Notice
1 Barbara Municipal Code sections relevant to the Project Design Approval process by the City of

2 Santa Barbara Single Family Design Board.

3 Based on the foregoing, the records attached as Exhibits A through H are matters proper

4 for judicial notice. For these reasons, the requested records should be judicially noticed and

5 considered in conjunction with the City’s Opposition to Petitioner’s Motion for Preliminary

6 Injunction.

8 DATED: April 23, 2024 SARAH J. KNECHT, City Attorney

9
10 By /s/ Robin L. Lewis
Robin L. Lewis
740 State Street, Suite 201 P.O. Box 1990

11 Assistant City Attorney
Santa Barbara, California 93102-1990
Office of the City Attorney

Attorneys for City of Santa Barbara
City of Santa Barbara

_____________________________________ 4
Leila J. Noël, Trustee, etc., v. City of Santa Barbara.
City of Santa Barbara’s Request for Judicial Notice
Certified copy of
Santa Bamara unicipal
Code Section 30. 140. 090
STATE OF CALIFORNIA

COUNTY OF SANTA BARBARA ) SS.
)
CITY OF SANTA BARBARA )

I, Austin Taylor, Deputy City Clerk in and for the City ofSantaBarbara, California, DO
HEREBY CERTIFY that attached is a full, true and correct copy ofthe following chapter from
the City of Santa Barbara Municipal Code:

. Chapter 30. 140. 090, entitled "Encroachments into Setbacks and OpenYards."

INWITNESSWHEREOF,I havehereunto setmy handandcausedthe official seal ofsaidCity
to be affixed this 22nd day of April, 2024.

(SEAL)
'^Lot:^.
^^.. '^"".^ »

Austin Taylor
Deputy City Clerk

'^^<..-
4/22/24, 8:36 AM City of Santa Barbara, CAEncroachments into Setbacksand Open Yards.

City of Santa Barbara. CA
Monday, April 22, 2024

Title 30. Zoning-Inland

Division III. Citywide Regulations
Chapter 30. 140. GENERAL SITE REGULATIONS

§ 30. 140. 090. Encroachments into Setbacks and Open Yards.

A. Applicability. Required setback and open yard areas shall be open, unenclosed, and unobstructed
by structures from the ground upward, except as provided in this section. The provisions of this
section do not apply to Development Along Mission Creek, pursuant to Section 30.140.050, Street
Widening Setbacks, pursuant to Section 30. 140. 190, or public utility easements which are to
remain unobstructed.

B. Limitations. The following limitations shall apply to all allowed encroachments:
1. Encroachments shall not provide floor area within a building or structure;

2. Structures constructed below grade, or less than 10 inches above existing grade, are not
considered an encroachment;

3. Enclosures for any encroachment are subject to the same setback and distance requirements
as the encroachment.

4. Encroachments up to the maximum allowed by this section may be made in both conforming
and nonconforming setbacks and open yards, provided the minimum distance to the property
line is met; and

5. Encroachmentsare subject to the applicable requirements of the Building Code.
C. General Encroachments. The following may encroach into both setbacks and open yards, subject
to the specified standards:

1. Architectural Projections. A cantilevered architectural building projection, such as awnings,
cornices, eaves, and canopies, located at least 30 inchesabove adjacentgrade and at least 18
inches above finish floor, may encroach up to three feet into any setback or open yard, but
shall be no closer than two feet to any property line and shall have a minimum of seven feet
vertical clearance below. Rain gutters may encroach an additional six inches beyond the roof
eave.

2. Balconies and Upper Story Decks. An uncovered balcony or upper story deck may encroach
up to three feet into a front setback or open yard, but shall be no closer than two feet to any
property line and subject to the following:
a. S/ze. The overall size of each balcony or upper story deck shall be limited to a maximum
of six feet deep and 16 feet wide, excluding railings.

b. Ground Supports. No new ground supports for the balcony or upper story deck may be
located in the setback or open yard.

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c. Vertical Clearance. The cantilevered portion of the balcony or upper story deck shall have
a minimum vertical clearance of seven feet.

d. Uncovered. A balconyor upper story deck shall be uncovered by any structure other than
an awning. However, a balcony or upper story deck may be placed above another balcony
or upper story deck if there are no horizontal connections of any kind between balconies
and upper story decks except the wall from which the balconies and upper story decks are
cantilevered.

e. Guardrails. The guardrails on balconies and decks shall not exceed the minimum height
required by the Building Code, and the design of the guardrail shall be at least 50%
transparent or see through (consisting of open spaces with bars, balusters, railings, or
similar). Decorative elements on balconies or decks that exceed the height limitation or
guardrails that are less than 50% transparent may be approved by the appropriate Design
Review body on a case-by-case basis to achieve consistency with the architectural style of
the site.

FIGURE 30. 140. 090. C.2: BALCONY AND UPPER STORY DECK ENCROACHMENTS

-u.-.

Min7ft. verti'cal
clearance (measured
from grade or the
top of balcony slab Balconyguardrails:
to the bottom of the
Maxheight42 in.
balcony slab (excluding decorative
direcdyabove) elements)
Max 50% opaque,
unless waivedby
designreview body
Maxwidth: 16ft.
- Maxdepth:6 ft.

3. Bay Windows. A bay window, or similar protruding window construction, with a sill located at
least 30 inches above adjacent grade and at least 18 inches above finish floor, may encroach
up to three feet into a front setback or open yard, except private open yard. but shall be no
closer than two feet to any property line.

FIGURE 30. 140. 090. C. 3: BAY WINDOW ENCROACHMENTS

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Wjndowsjll min,
30 In.above grade
and 18 in,above
finished floor

^
^

4. Chimneys. A chimney serving the interior of a building may encroach up to three feet into any
setback or open yard, except private open yard, but shall be no closer than two feet to any
property line. Freestanding chimneys shall not encroach into setbacks but may be allowed in
Open Yard pursuant to Subsection 30. 140.090.E, Open Yard Encroachments.

5. Fences and Hedges. Fences and hedges may encroach into any setback or open yard,
pursuant to the standards in Section 30.140.110, Fences and Hedges.

6. Landings and Outside Steps. Unenclosed landings and outside steps uncovered by any
structure other than an awning or roof eave, serving the first floor of a building, in the minimum
size required by the Building Code, may encroach up to three feet into any setback or open
yard, except private open yard, but shall be no closerthan two feetto any property line.

FIGURE 30. 140. 090. C.6: LANDINGS AND OUTSIDE STEPS ENCROACHMENTS

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Must be uncovered
exceptfor awning
or roof eave

Must serve the first
Landingcannotexceed min.
size required by buildingcode floor of the building

7. Mechanical and Other Equipment. See Section 30. 140. 130, Mechanical and Other
Equipment.

8. Planter Beds. Planter beds consisting of low walls and earth for the purpose of providing
landscaping and gardening areas, no more than 42 inches in height above existing grade, may
encroach into any setback and open yard.

9. Rain Barrels and Cisterns. Rain barrels and cisterns with a maximum cumulative capacity of
1,000 gallons per lot line, or other similar storm water management equipment, may encroach
up to three feet into any setback or open yard, except private open yard, but shall be no closer
than two feet to any property line, subject to the following:
a. Height. Rain barrels and cisterns shall not exceed a maximum height of six feet.
b. Number. Maximum two per setback or open yard area.

c. Screening. Rain barrels and cisterns shall be hidden from view or screened, pursuant to
Section 30.15.120, Screening.
d. Maintenance. Rain barrels and cisterns shall be maintained in good condition and shall be
utilized regularly to prevent accumulation of material which attracts mosquitoes or other
vectors. Rain barrels and cisterns shall not create a nuisance, hazard, or other
objectionable condition, pursuant to Chapter 30. 180, Performance Standards.

10. Swimming Pools and Spas. See Section 30. 140. 210, Swimming Pools, Spas, and Similar
Uses.

11. Trellis. One small overhead structure per lot line, such as an arbor, arch, trellis, or pergola, not
exceeding nine feet in height and 18 square feet in area, may encroach into any setback or
open yard.

FIGURE 30. 140. 090. C. 11: TRELLIS ENCROACHMENTS

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12. Waste and Recycling Enclosures. See Section 30.140.240, Waste, Recycling, and Outdoor
Storage.

D Setback Encroachments. The following may encroach into front and interior setbacks, subject to
the standards of this section:

1. Accessibility Improvements. Accessible uncovered parking spaces and associated access
aisles, and components of an accessible route (sloped walk ways and ramps/landings/guard
rails), may encroach into any setback, as follows:

a. Configuration. The accessibility improvement is designed and provided for persons with
disabilities as required by the Building Code, on existing multi-unit residential, mixed-use,
or nonresidential development.

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b. Existing Development. This allowance is applicableto existing development only and shall
not apply to new or reconstructed structures, additions, or substantial redevelopment
where the proposed project can provide a reasonable accommodation.

c. Minimum Size.The accessibilityimprovement is the minimum size required by the Building
Code.

d. Modifications. If the accessibility improvement does not meet these criteria, a Modification
for reasonable accommodations will be made, if found to be consistent with the Americans
with Disabilities Act; see Chapter 30. 250, Modifications.

2. Decks, First Story. One residential uncovered deck per lot, including landings and stairs
serving the deck, no more than 18 inches in height above existing grade, may encroach up to
three feet into any interior setback, but shall be no closer than two feet to any property line
provided:

a. Minor Zoning Exception Required. A Minor Zoning Exception is approved by the
appropriate Design Reviewbody pursuantto Chapter30.245, MinorZoning Exception.
3. Electric Vehicle Supply Equipment (EVSE). See Section 30. 175. 030. Q, Electric Vehicle
Charging Stations.

4. Outdoor Furniture. Ground signs and outdoor furniture for nonresidential uses, consisting of
items not permanently affixed to the ground, such as tables, chairs, umbrellas, space heaters,
sculptures, and potted plants, may encroach into any nonresidentialfront setback provided that
the encroachments are not located in an open yard or any setback required for exclusively
residential structures.

5. Yard Ornaments. Yard amenities such as mailboxes, flag poles, fountains, bird baths,
benches, sculptures, and other practical or decorative freestanding yard elements accessory
and complimentary to the primary use of the development, may encroach into any front
setback, as follows:

a. Prohibited Items. Yard Ornaments shall not include any roofed or overhead structures,
enclosed structures, barbecues, loose rubbish, garbage, junk, items that create a
nuisance, or any of the prohibited items from Section 30. 140.240, Waste, Recycling and
Outdoor Storage, or any of the items identified in this section as either limited or not
allowed in the front setback.

b. Maximum Area. Residential front yard amenities are limited to a cumulative total of 50
square feet or one percent ofthe total combinedfront setbackarea, whicheveris greater.
6. Porches and Outside Steps. Covered front porches and outside steps, serving the first floor
of a residential main building, and unenclosed except for the wall of the main building, may
encroach into the front and interior setbacks, as follows:

a. S/ze. Porches shall be limited to a maximum of 16 feet wideand six feet deep exclusive of
handrails, guardrails, wing walls and associated uncovered steps.
b. Number. One porch is allowed per residential unit, provided the porch serves as the front
entry of the unit.

c. Interior Setback. Porches may encroach into the interior setback the same distance as an
existing residence, provided that the porch faces the street, and no portion of the porch,
except the uncovered steps, is closer than two feet to the interior property line.
d. Front Setback. Porches may encroach a maximum three feet into the front setback for all
new buildings, and six feet into the front setback for all buildings constructed prior to the
effective date of this Title, provided the porch faces the street and no portion of the porch,
except the uncovered steps, is closer than five feet to any front lot line.

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e. Design Review. Approval Required The porch must be compatible with the architecture of
the building and the development pattern of the neighborhood, as determined by the
appropriate Design Review body.

FIGURE 30. 140. 090. D.6: PORCHES AND OUTSIDE STEP ENCROACHMENTS

Interior Setback Line

Max.6 ft. Max. 16 ft.

Newbuildii(gs; Same encroachment as
Existing buildings; existingresidenceand
no closer than 2 ft to
interior tot tine

Front Setback Line

the

Street

7. Sheds.A detachedaccessory building may encroach into the interiorsetback if the building is:
a. Not more than 120 square feet; and

b. Not livable space; and
c. 10 feet or less in height; and

d. Constructed prior to August 1, 1975;and

e. Located outside of the front yard or required open yard.

8. So/ar Energy Systems. Solar energy systems, as defined in subsection (a) of Civil Code
Section 801. 5. may encroach as follows:

a. Ground Mounted Equipment.

i. Front Setback. Ground mounted equipment no higher than 30 inches above existing
grade may encroach up to three feet.

ii. Interior Setback. Ground mounted equipment no higher than six feet above existing
grade may encroach up to three feet.
b. Roof Mounted Equipment. Roof mounted equipment may encroach up to three feet into
any setback provided it is no higher than five feet above the highest point of the roof and
does not exceed the maximum height limitation of the applicable zone. However, roof
mounted equipment may encroach the same amount as the existing roof eave if installed
roughly parallel to, and no higher than 10 inches above the roof (measured from the top of
the roof perpendicularly to the highest point of the solar energy system).

FIGURE 30. 140. 090. D.8: ROOF MOUNTED SOLAR ENERGY EQUIPMENT
ENCROACHMENT

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Property Property Max. 10 inches
line Setback line Ijng Setbackline
Height Limit Height Limit
of Base Zone of Base Zone

Can enroach same amount
as existing roof eave (even if
eave is nonconforming)

E. Open Yard Encroachments. The following may encroach into the open yard, subject to the
standards of this section:

1. Outdoor Amenities. Amenities intended for outdoor enjoyment of the required open yard area
such as patio covers and other attached or detached unenclosed structures, upper story
decks, gazebos, hot tubs, fountains, barbecues, outdoor fireplaces, above-grade pools, large
trellises and arbors, and play equipment, may encroach into the open yard, as follows:
a. Vertical Clearance. The vertical clearance under any patio cover or similar overhead
structure shall be seven feet or more; and

b. MaximumArea. Encroachmentsshall not exceed 20% of any individual open yard area, or
a cumulative total of 20% of the total required open yard area, with the exception of
Covered Private Open Yards, below.

2. Covered Private Open Yards. Private open yards may be covered by roof overhangs, patio
covers, the floor above, or other similar architectural or buildings projections, either
cantilevered or supported from below with columns or walls, provided that the vertical supports
do not reduce the minimum area and dimensions of the open yard, the vertical clearance is
seven feet or more, and the private open yard is substantially unenclosed on at least one side.

FIGURE 30. 140. 090: ENCROACHMENTS

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Certified cop^ of
Santa Baroara unicipal
Code Section 30. 300. 160
STATE OFCALIFORNIA )
)
COUNTY OF SANTA BARBARA ) ss.
)
CITY OF SANTA BARBARA )

I, Austin Taylor, Deputy City Clerk in and for the City of Santa Barbara, California, DO
HEREBY CERTIFYthat attached is a full, true and correct copy ofthe following chapter from
the City of Santa Barbara Municipal Code:

. Chapter30.300. 160, entitled "P"

IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of said City
to be affixedthis 22nd dayofApril, 2024.

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Case Info

Judge

Sterne, Colleen K Track Judge’s New Case

Case No.

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Document Filed Date

April 24, 2024

Case Filing Date

March 20, 2024

County

Parties

Cappello, A Barry Attorney
City of Santa Barbara Respondent
Lewis, Robin L Attorney
Noel , Leila J Petitioner
Sarah Knecht Attorneys for Defendants
Tava Ostrenger Attorney
Christopher Haskell Attorneys for Defendants
Richard Lloyd Attorneys for Plaintiffs
Brelje Attorneys for Plaintiffs
Melissa Fassett Attorneys for Defendants
Alan Blakeboro Attorney
Jana Beck Attorneys for Plaintiffs
Martha Prempeh Attorney
Gary Myers Attorney
Colleen Keeley Attorney
Colleen Sterne Attorneys for Plaintiffs
Nicholas Vincent Attorney

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Motion-Secondary: Leila J Noel vs City of Santa Barbara

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