Agenda Item C.2
PUBLIC HEARING
Meeting Date: May 17, 2022
TO: Mayor and Councilmembers
FROM: Peter Imhof, Director of Planning and Environmental Review CONTACT: Mary Chang, Supervising Senior Planner
Travis Lee, Associate Planner
SUBJECT: Consideration of Initiation of a General Plan Amendment for an unaddressed parcel on Viajero known as APN 079-210-053; Case No. 21-0003-GPA
RECOMMENDATION:
Adopt Resolution No. 22-___, entitled “ A Resolution of t he City Council of the City of Goleta, California, Initi ating the Processing of An Ap plicant-Requested General Plan Amendment for an unaddressed parcel on Via jero known as APN 079-210-053; Case No. 21-0003-GPA”
BACKGROUND:
General Plan Amendment Initiation
The City of Goleta adopted the Goleta General Plan/Coastal Land Use Plan (General Plan) on October 2, 2006. The General Plan contains the following seven state-required Elements, and two optional Elements as follows: Land Use Element, Open Space Element, Conservation Element, Safety Elem ent, Visual and Histori c Resources Element, Transportation Element, Publ ic Faciliti es Ele ment, Noise Element, and Housing Element. The Land Use Element includes a Land Use Plan Map (Figure 2-1), which identifies a l and use designation for each parcel in th e City. Since its adoption, the General Plan has been amended on 24 occasions. The most r ecent amendment occurred on October 19, 2021.
The General Plan Amendment (GPA) process is governed by Article 6 of State Planning and Zoning Law (Government Code Section 65350 et seq.). Pursuant to state law, GPAs require the Planning Commission’s consideration and recommendation.
However, the final decision is a legislative action and is reserved for the City Council to make.
Before a GPA can be consider ed, it must be initiated applying procedures established by City Council Resolution No. 12-13 for the initiation process, a s codified in G oleta Municipal Code (G MC) Section 17.67.030. These procedures require that all requests 1 Meeting Date: May 17, 2022
for GPAs be referred to the City Council fo r initiation at a public hearing prior to processing. Resolution No. 12-13 and GMC subsection 17.67.030(B) provide five factors the City Council must consider for the initiation of a GPA. These five factors are:
1. The amendment proposed appears to b e consistent with the Guiding Principle s and Goals of the General Plan;
2. The amendment proposed ap pears to have no material effect on the community or the General Plan;
3. The amendment proposed provides additional public benefit to the community as compared to the existing land use designation or policy;
4. Public facilities appear to be available to serve the affected site, or their provision will be addressed as a component of the amendment process; or
5. The amendment proposed is required under other rules or regulations.
Once initiated, the applicant can apply for the GPA and associated planning permit s related to the in tended project. Once sub mitted, staff would r eview and analyz e the application a long with the environmental d ocument. The Design Review Board would review and make a recommendatio n to the Planning Commission and the City Council regarding the appropriateness of the design components such as bu ilding/wall design, landscaping, and lighting, etc. The request along with the environmental analysis would be considered by the Planning Commission at a noticed public hearing, which will then make a recommendation to the City Council. The Cit y Council takes final action on all the project components at a public hearing.
Site Information
The 2.1-acre subject parcel i s currently vacant and located south of the Union Pacific Railroad right-of-way and north of Hollister Avenue along Viajero, which intersects with Campesino Dri ve (see Figure 1 : Subject Par cel Location ). The current Gen eral Plan land use designation and zoning at the subject site is General Commercial (C-G). Land uses surrounding the subject site i nclude Public/Quasi-Public (P-QP) to the west (peaker plant), C-G to the south and east (vacant parking lo ts), and Union Pacific Railroad/Highway 101 to the north. The area surrounding the subject sit e and existing land uses of those sites are shown in Figure 1 with the subject parcel outlined in red.
While the land use designation for the parcel located to the south (079-210-056) of the site is C -G, on M ay 19, 2019, the City Council adopted R esolution No. 19-30 (Attachment 4) initiating a GPA to change the land use designatio n on a portion of this site from C-G to either Business Park (I-BP) or Office and Institutional (I-OI) to allow an applicant (Sovereign Energy) to pursue a battery storage project on th at property. That application has not been submitted and the GPA Initiation remains in effect on that site.
2 Meeting Date: May 17, 2022
Figure 1: Subject Parcel Location
DISCUSSION:
On September 20, 2021, Tim Murphy of ERM-West (Agent) submitted a request for the initiation of a GPA on behalf of GenOn Holdin gs, LLC (prope rty ow ner). The GPA initiation request is to st udy a change to the la nd u se desi gnation, as established on 3 Meeting Date: May 17, 2022
General Plan Figure 2 -1, Land Use Plan Map, at Viajero (Assessor’s Parcel Number [APN] 079-210-053) from C-G to either I-BP or I-OI. The existing land us e designation does not allow for Major Utilities uses, which is the use category that is needed for the applicants intended battery storage project.
General P lan Policy LU 3.7 d efines the intent of t he C -G land use designa tion as follows:
The purpose of this category is to provi de app ropriate sites to accommodate a diverse set of commercial uses that do not need highly visible locations, such as wholesale trade and service commercial, or that may invo lve activities that re duce compat ibility with other us es.
Appropriate sites are in locations that may have limited suitability for other more retail-oriented uses. General commercial uses may serve as a buffer between industrial acti vities or m ajor transpo rtation corridors and residential areas. The following criteria and standards apply to lands within this designation:
a. The permitted uses in this classification have similar charact eristics to some industrial use s, and mixed -use deve lopments th at include residential uses, excep t for assis ted l iving residentia l uses, are not allowed.
b. While General Commercial uses do not usually generate high volumes of traffic, sites within this desig nation should be accessible from major arterials in order to mi nimize the n eed for traffic to pas s through residential areas on local streets.
c. Uses that re quire access by heavy vehicles s hall be permitted only in locations where th e street can support such heavy vehicle traffic and such uses would be compatible with adjacent uses.
d. Heavy commercial use s that may cause noise, air emis sions, hazardous materials , or e xcessive light and glare s hall require approval of a conditional use permit.
Allowable uses within C -G are listed in General P lan Table 2-2, Allowable Uses and Standards for Commercial Use Categories. Table 2-2 is provided as Attachment 2.
General Plan Po licy LU 4.2 defines the intent o f the I-BP land use designation a s follows:
This use designation is intended to id entify lands for attractive, well - designed busine ss parks that provide emp loyment oppor tunities to the community and surrounding area. The in tensity, design, and landscaping of development shou ld be consistent with the character of existin g development currently located in these areas. Uses in th e Business Park designation may include a wide variety of research and development, light industrial, and offic e uses , as well as sm all-scale commercial uses that serve the needs of business park em ployees. In addit ion, lands designated w ith a Hotel Overla y may in clude transient lodging t hat emphasizes extended stays, as se t forth in LU 1.12. Activities in business 4 Meeting Date: May 17, 2022
park areas shall be conducted primarily indoors, and outdoor stora ge, processing, manufacturing, and vehicle repair are prohibited.
General Pla n Policy LU 4.3 defines the inten t of the I-OI land use designation a s follows:
This designation is intended to provide areas for existing and future office- based u ses. Uses all owed include moderate-density busines s and professional offices, medical and medical-related uses, hospitals, research and development, services or iented primarily to employees (s uch as day care centers, restaurants, personal and professional services), and public and quasi-public uses. In ad dition, lands designated with a Hotel Over lay may include transient lodgin g and related uses. Mixed-use developments with r esidential uses on the same si te may be permitted a t appropriate locations where th e residential uses are compatible with adjacent us es and do not break up the continuity of office and institutional uses.
Allowable uses within I-BP and I -OI are l isted in General Plan Table 2 -3, Allowable Uses and Standards for Office and Industrial Use Categories . Table 2-3 is provided as Attachment 3.
As previously noted , the Council must consider a specific set of five factors wh en determining whethe r to in itiate a GPA. Pursuant to Resolution 12 -13 and GMC subsection 17.67.030(B), s taff presen ts the fo llowing discussion of the GPA initiation factors for City Council consideration:
1. The am endment prop osed appears to be consist ent with the Gu iding Principles and Goals of the General Plan.
The proposed amendment may be consistent with several of the Guiding Principles and Goals of the General Plan as follows: a) the proposed amendment appears to conform to Land Use Element Guidi ng Principle an d G oal 4 to “Maintain economic p rosperity with a sustainable economy that is not based on growth”; b) Land Use Element G uiding Principal and Goal 6 to “Maintain a balanced commu nity, with an appropriate mix of resid ences, workpl aces and services” as the proposed land use designation chan ge would potentially provide for a wi der variety of employment o pportunities in western Goleta ; and, c) Land Use Element Guiding Principle and Goal 10 to “Ensure that all new development and changes to existing development a re compatible with the characte r, scale, and design for the neighborhood” as the proposed land use designation change to either I -BP or I -OI would potentially be le ss visually impactful to the adjacent uses due to the prohibition of outdoor storage or outdoor industrial uses.
The purpose of initiating this GPA is to allow the property owner to submit for a project that w ould be consistent with the goals and policies of the General Plan.
Energy st orage systems store power d uring peak generation, including p ower generated by renewable s ources, and discharge t his power when needed . The current General Plan designation does not a llow Major Utilities at this location . 5 Meeting Date: May 17, 2022
Amending t he General Plan would all ow a proj ect to move forwa rd to be consistent with the gu iding principles and g oals of th e Ge neral Plan. The proposed energy storage facility will serve as a critical piece of infrastructure to achieve th e City’s commitment to reach the City’s commitment to 100% renewable power by 2030.
2. The amendment proposed appe ars to ha ve no material effec t o n the community or the General Plan.
It is an ticipated that the proposed amendment from C-G to ei ther I-BP or I -OI may have no mater ial effect on the community or the General Plan because the change will only apply to an approximately 2.1-acre site. While the change will be to a different land use type, there are approximately 84.5 acres of C -G- designated land within the City. This proposed GPA would decrease the amount of land planned for C -G uses by 2.49% and there would remain sufficient land to support the types of commercial uses envision ed under the General Plan citywide. Additionally, given the nature of the uses allowed under th e C-G, which include wholesale trade and service commercia l, that are more industr ial in nature, a change to either I-BP or I-OI, which are more business -oriented, would not be significant. As a result, the change would not cause a fundamental shift in the overall l and use pa ttern in the city. The site would sti ll be considered for development, just with a diff erent range of uses than original planned for this area of Goleta. As mentioned, the change would modify the allowed uses on the vacant subject parcel by reducing the amount of Retail Trade and Services use s, eliminating the Transien t Lodgin g & Services and Wholesale Tr ade & Storage uses, introducing Industrial (Manufacturing) , Transportation & Utilities uses , and introducing Residential uses if designated I-OI.
C-G allows mixed -use development, including up to 20 dwelling units per acre.
However, the residential use in the se mixed-use developments is limit ed to assisted living uses. I-OI also allows mixed-use residential development up to 20 dwelling units per acre but does not limit the residential uses to assisted living.
As such, a chan ge to I-OI represents a potentially broadening of the allowance for various types of housing on the site, while not changin g the maximum residential density. In contrast I-BP does not allow residential development, even as part of a mixed -use project, except for caretaker units. Pursuant to California Government Code Section 66300(b )(1)(A), the City is g enerally prohibited fro m changing the General Plan land use desi gnation of a p arcel to reduce the intensity of the land use designation. Under this provisio n of State law, re ducing intensity includes reducing the allowed density on the parcel. Should the C ity allow a reduction of density, which a change from C -G to I-BP would include, the City would be obligated to change “the development standards, policies, and conditions applicable to other parcels within the jurisdiction to ensure there is no net loss i n residential capacity.” (see California Government Code Section 66300(i)(1)). Due to the loss of housing capacity and the implications under State law described above, a n amendment to I-BP would likely have a material effect on the community and the Gener al Plan because it would likely require the City 6 Meeting Date: May 17, 2022
to redesignate another site that did not previously allow housing in order to allow residential uses.
Pursuant to Tables 2 -2 and 2 -3 of the General Plan, maximum allowable height is 35’ across C -G, I-OI, and I -BP Additionally I-BP has a maximum lo t coverage ratio of 0.35, I-OI has a maximum lot coverage of 0.40 , and CG does not have a maximum lot coverage ratio.
3. The amendment proposed p rovides additional pu blic bene fit to the community as compared to the existing land use designation or policy.
The proposed zoning change from C-G to either I-BP or I-OI provides additional public benefit to the community because the uses allowed under the I-BP or I-OI land us e designat ion are potentially more compatible with the adjacent us es.
While I-BP does allow for manufacturing, no noxious impacts are allowed, and all activities must be conducted primarily indoors. Given th e nearby residential, institutional, and open spa ce uses, t he requirement for uses to be condu cted indoors in the I -BP designatio n may improv e t he potential visua l compatibility with adjacent uses compared to the current designation.
I-OI is generally intended for service-related office uses but does all ow for research and development and other tec hnology-based uses, limited retail trade, and residential uses up to 20 dwelling units per acre, which is potentially compatible with adjacent developments. See above for the discussion of loss of potential residential capacity with a change to I -BP and the consequences under State law . Both I -BP and I-OI are intended to serve as j ob cen ters, so the amendment has t he potential to provide a com munity benefit through expanded employment opportunities in the community.
While the C -G is a commercial designa tion, various industrial -related uses are allowed including: s everal a uto-related uses , including retail automoti ve sales and rentals, auto re pair and pai nting, auto wrecking ya rd/junk yard and au to service (gas) s tations; s everal wholes ale trad e and storage uses including general wholesale trade, g eneral and se lf-storage wa rehousing, and o utdoor storage.
In additio n, the proposed change to eit her I -BP or I-OI would a llow for consideration of a ma jor utility projec t, such as a battery storage project, that would improve the City’s emergency prepare dness and make progress towards the City’s green energy goals. A battery storage project could have the benefit of providing better electricity grid resiliency at the northern most section of Southern California Edison’s (SCE) jurisdiction by storing c lean energy and addressing constrained grid o perations. Western Golet a is the furthest area SCE se rvices and providing battery storage capacity would bolster its commitment to serve the community. Since Major Utilities is not a permitted use under the current land use designation of C-G, a change to I-BP or I-OI would facilitate the consideration of a Major Utilities project subject to a Major Conditional Use Permit at this subject site.
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4. Public fa cilities appear to be ava ilable to serve the affected site, or t heir provisions will be addressed as a component of the amendment process.
The parcel is currently vacant, and all public fa cilities required to serv e the site are in the i mmediate area. In addition, the provision of public facilities wo uld be addressed as a component of the amendm ent and Conditional Use Permit process, for a which a Major Utilities use ( i.e., a battery storage pro ject) would require if it were to be located on a site zoned in the I-BP or I-OI districts.
5. The amendment proposed is required under other rules or regulations.
The proposed GPA is not required under other rules or regulations.
Based on the analysis of the five factors above, staff recommends initiating the GPA, to change the land use de signation of the site from C-G to I-OI, but not i nitiate a potential change to I-BP. The elimination of I-BP as a future land use is ba sed on the potential loss of the site as a long -term potential housing site and the implications of removing residential capacity on the site under State law. A draft resolution for the G PA initiation from C-G to I-OI is provided as Attachment 1 to this report. Section E of the Resolution requires that the applicant submit an application for the GPA and battery storage project within two years of a doption of the Resolution. If that were not to occur, then t he Resolution would expire.
ENVIRONMENTAL REVIEW:
The initiation of a GPA is not a proj ect under th e California Environmental Quality Act because the init iation merely instructs staff to consider the amendment and does n ot obligate the City to any further action in the futur e and do es not res ult in any d irect physical change in the en vironment or a ny reas onably foreseeab le change in the environment.
FISCAL IMPACTS:
The case processing costs associated with the initiation of the proposed GPA for the Viajero site are being are being borne by the Applicant. 8 Meeting Date: May 17, 2022
ALTERNATIVES:
The City Council could choose not to initiate processing of the requested GPA. If not initiated, the parcel and it s zoning designation will rem ain unchanged. If initiated and upon applicat ion submittal, City staff would proceed with ca se pro cessing, including environmental revie w and a GPA for Plann ing C ommission’s con sideration and recommendation to the City Council for final action.
Reviewed By: Legal Review By: Approved By:
___________________ ___________________ _________________ Kristine Schmidt Megan Garibaldi Michelle Greene
Assistant City Manager City Attorney City Manager
ATTACHMENTS:
1. Resolution No. 22-___, entitled “ A Resolu tion of the City Council of the City of Goleta, California, Initiating the Processing of An Applicant-Requested General Plan Amendment for an u naddressed parcel on Viaj ero known as APN 079-210-053; Case No. 21-0003-GPA”
2. General Pl an Table 2-2 Allowable Us es a nd S tandards for Commercial U se Categories
3. General Plan Table 2 -3 Allowable Uses and Standards for Office and Industrial Use Categories
4. Council Resolution 19-30
5. Staff Presentation
9 Resolution No.22-_ Initiation of Specific Plan Amendment for APN 079-210-053 Page 1 ATTACHMENT 1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GOLETA,
CALIFORNIA, INITIATING THE PROCESSING OF A N APPLICANT -
REQUESTED GENERAL PLAN AMENDMENT FOR AN UNADDRESSED
PARCEL ON VIA JERO KNOWN AS APN 079-210-053; CASE NO. 21- 0003-GPA
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RESOLUTION NO. 22- _
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GOLETA,
CALIFORNIA, INITIATING THE PROCESSING OF A N APPLICANT -
REQUESTED GENERAL PLAN AMENDMENT FOR AN
UNADDRESSED PARCEL ON VIAJERO KNOWN AS APN 079-210-053; CASE NO. 21-0003-GPA
WHEREAS the Goleta General Plan/Coastal Land Use Plan (General Plan) is the City’s official policy that guides land use and physical development of the geographic area of the incorporated City limits; and
WHEREAS California Government Code Section s 65350 et seq. authorize cities and counties to prepare, adopt and amend General Plans and their elements; and
WHEREAS California Government Code Section 65358(a) reads, “If it deems it to be in the public interest, the legislative body may amend all or part of an adopted General Plan. An amendment to the General Plan shall be initiated in the manner specified by the legislative body. Notwithstanding Section 66016, a legislative body that permits persons to request an amendment of the General Plan may require that an amount equal to the estimated cost of preparing the amendment be deposited with the planning agency prior to the preparation of the amendment”; and
WHEREAS City Council Resolution No. 12-13 and Goleta Municipal Code Chapter
17.67 establish a procedure for the initiation of processing of requests for a General Plan Amendment; and
WHEREAS City Council Resolution No. 12 -13 and Goleta Municipal Code subsection 17.67.030(B) require the City Council to consider certain factors for the initiation of General Plan amendments, including consistency with the Guiding Principles and Goals of the General Plan, no material effect on the community or the General Plan, providing additional public benefit to the community as compared to the existing land use designation or policy, availability of or the future study of the availability of public services, or rules or regulations that may drive the need to amend the General Plan; and
WHEREAS, on September 20, 2021, Tim Murphy of ERM-West (Agent) submitted a re quest for the initiation of a General Plan Amendment (GPA) to the land use designation to Assessor’s Parcel Number 079 -210-053 (Site) on behalf of GenOn Holdings, LLC (property owner); and
WHEREAS the existing General Plan land use designation for the Site is General Commercial ( C-G) and the Applicant is seeking the initiation of a General Plan Amendment affecting Figure 2 -1 of the Land Use Element to change the land use designation from General Commercial (C-G) to either Business Park (I-BP) or Office and Institutional (I-OI) to allow Major Utilities as a permitted use on -site for a future battery storage project with approval of a Conditional Use Permit; and
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WHEREAS the City Council conducted a duly noticed public hearing on May 17 2022, at which time all interested persons were given an opportunity to be heard; and
WHEREAS the City Council considered the entire administrative record, including staff reports, the General Plan, and oral and written testimony from interested persons.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GOLETA, AS FOLLOWS:
SECTION 1. General Plan Initiation Factors
The City Council makes the following statements regarding the initiation factors outlined in City Council Resolution No. 12-13 and Goleta Municipal Code Section
17.67.030:
(a) The amendment proposed appears to be consistent with the Guiding Principles and Goals of the General Plan.
The proposed amendment may be consistent with several of the Guiding Principles and Goals of the Gene ral Plan as follows: a) the proposed amendment appears to conform to Land Use Element Guiding Principle and Goal 4 to “Maintain economic prosperity with a sustainable economy that is not based on growth”; b) Land Use Element Guiding Principal and Goal 6 to “Maintain a balanced community, with an appropriate mix of residences, workplaces and services” as the proposed land use designation change would potentially provide for a wider variety of employment opportunities in western Goleta; and, c) Land Use Element Guiding Principle and Goal 10 to “Ensure that all new development and changes to existing development are compatible with the character, scale, and design for the neighborhood” as the proposed land use designation change to either I -BP or I -OI would potentially be less visually impactful to the adjacent uses due to the prohibition of outdoor storage or outdoor industrial uses.
The purpose of initiating this GPA is to allow the property owner to submit for a project that would be consistent with the goals and policies of the General Plan. Energy storage systems store power during peak generation, including power generated by renewable sources, and discharge this power when needed. The current General Plan designation does not allow Major Utilities at this location. Amending the General Plan would allow a project to move forward to be consistent with the guiding principles and goals of the General Plan. The proposed energy storage facility will serve as a critical piece of infrastructure to achieve the City’s commitment to reach the City’s commitment to 100% renewable power by 2030.
(b) The amendment proposed appears to have no material effect on the community or the General Plan.
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It is anticipated that the proposed amendment from C -G to either I -BP or I-OI may have no material effect on the community or the General Plan because the change will only apply to an approximately 2.1-acre site. While the change will be to a different lan d use type, there are approximately 84.5 acres of C -G designated land within the City. This proposed GPA would decrease the amount of land planned for C -G uses by 2.49% and there would remain sufficient land to support the types of commercial uses envision ed under the General Plan citywide. Additionally, given the nature of the uses allowed under the C-G, which include wholesale trade and service commercial, that are more industrial in nature, a change to either I -BP or I-OI, which are more business - oriente,d would not be significant. As a result, the change would not cause a fundamental shift in the overall land use pattern in the city. The site would still be considered for development, just with a different range of uses than original planned for this are a of Goleta. As mentioned, the change would modify the allowed uses on the vacant subject parcel by reducing the amount of Retail Trade and Services uses, eliminating the Transient Lodging & Services and Wholesale Trade & Storage uses, introducing Industri al (Manufacturing), Transportation & Utilities uses, and introducing Residential uses if designated I-OI.
C-G allows mixed-use development, including up to 20 dwelling units per acre.
However, the residential use in these mixed -use developments is limite d to assisted living uses. I-OI also allows mixed-use residential development up to 20 dwelling units per acre, but does not limit the residential uses to assisted living. As such, a change to I -OI represents a potentially broadening of the allowance for v arious types of housing on the site, while not changing the maximum residential density. In contrast I -BP does not allow residential development, even as part of a mixed -use project, except for caretaker units.
Pursuant to California Government Code Sectio n 66300(b)(1)(A), the City is generally prohibited from changing the General Plan land use designation of a parcel to reduce the intensity of the land use designation. Under this provision of State law, reducing intensity includes reducing the allowed dens ity on the parcel. Should the City allow a reduction of density, which a change from C -G to I-BP would include, the City would be obligated to change “the development standards, policies, and conditions applicable to other parcels within the jurisdiction to ensure there is no net loss in residential capacity.” (see California Government Code Section 66300(i)(1)). Due to the loss of housing capacity and the implications under State law described above, an amendment to I -BP would likely have a material effect on the community and the General Plan in that the City would likely be required to redesignate a site where housing was not previously allowed in order to allow residential uses
Pursuant to Tables 2-2 and 2-3 of the General Plan, maximum allowable height is 35’ across CG, I-OI, and I-BP. Additionally I-BP has a maximum lot coverage 13
ratio of 0.35, I-OI has a maximum lot coverage of 0.40, and CG does not have a maximum lot coverage ratio.
(c) The amendment proposed provides additional public benefit to the community as compared to the existing land use designation or policy.
The proposed zoning change from C-G to either I-BP or I-OI provides additional public benefit to the community because the uses allowed under the I -BP or I- OI land use designation are potentially more compatible with the adjacent uses.
While I-BP does allow for manufacturing, no noxious impacts are allowed, and all activities must be conducted primarily indoors. Given the nearby residential, institutional, and open space uses, the requ irement for uses to be conducted indoors in the I -BP designation may improve the potential visual compatibility with adjacent uses compared to the current designation.
I-OI is generally intended for service -related office uses but does allow for research and development and other technology -based uses, limited retail trade, and residential uses up to 20 dwelling units per acre, which is potentially compatible with adjacent developments. See above for the discussion of loss of potential residential capacity with a change to I -BP and the consequences under State law.
Both I-BP and I-OI are intended to serve as job centers, so the amendment has the potential to provide a community benefit through expanded employment opportunities in the community.
While the C-G is a commercial designation, various industrial-related uses are allowed including: several auto -related uses, including retail automotive sales and rentals, auto repair and painting, auto wrecking yard/junk yard and auto service (gas) stations; sever al wholesale trade and storage uses including general wholesale trade, general and self -storage warehousing, and outdoor storage.
In addition, the proposed change to either I -BP or I -OI would allow for consideration of a major utility project such as a ba ttery storage project that would improve the City’s emergency preparedness and make progress towards the City’s green energy goals. A battery storage project could have the benefit of providing better electricity grid resiliency at the northern most sectio n of Southern California Edison’s (SCE) jurisdiction by storing clean energy and addressing constrained grid operations. Western Goleta is the furthest area SCE services and providing battery storage capacity would bolster its commitment to serve the commu nity. Since Major Utilities is not a permitted use under the current land use designation of C -G, a change to I -BP or I -OI would facilitate the consideration of a Major Utilities project subject to a Major Conditional Use Permit at this subject site.
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(d) Public facilities appear to be available to serve the affected site, or their provisions will be addressed as a component of the amendment process.
The parcel is currently vacant and all public facilities required to serve the site are in the immediate area. In addition, the provision of public facilities would be addressed as a component of the amendment and Conditional Use Permit process.
(e) The amendment proposed is required under other rules or regulations.
The proposed GPA is not required under other rules or regulations.
(f) The foregoing recitals, which are incorporated herein by reference, are true and correct.
SECTION 2. Action
The City Council hereby authorizes staff to initiate processing of a proposed General Plan Amendment of an unaddressed parcel on Via jero known as APN 079-210-053 to change the land use designation on Figure 2 -1 (Land Use Plan Map) of the General Plan from C -G to I -OI. The initiation of the General Plan Amendment does not suggest how the City Council may ultimately act on the General Plan Amendment when it is brought forward for City Council consideration. The initiation of the General Plan Amendment shall not influence the City Council’s consideration of the General Plan Amendment.
SECTION 3. Effective Date
This Resolution becomes effective upon adoption.
SECTION 4. Time Limit
The initiation of this General Plan Amendment will automatically expire after two (2) years from the date of this Resolution , if an application for the GPA is not submitted to the PER Department during this timeframe.
SECTION 5. Certification
The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
SECTION 6. Records
The documents and materials associated with this Resolution that constitute the record of proceedings on which the City Council’s findings and determinations are based are located at 130 Cremona Drive, Suite B, Goleta CA 91711.
PASSED, APPROVED, AND ADOPTED this 17th day of May, 2022.
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_____________________________
PAULA PEROTTE, MAYOR
ATTEST: APPROVED AS TO FORM:
_________________________ ___________________________
DEBORAH S. LOPEZ MEGAN GARIBALDI
CITY CLERK CITY ATTORNEY
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STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA ) ss.
CITY OF GOLETA )
I, DEBORAH S. LOPEZ, City Clerk of the City of Goleta, California, DO HEREBY CERTIFY that the foregoing Resolution No. 22-__ was duly adopted by the City Council of the City of Goleta at a regular meeting held on the 17th day of May, 2022 by the following vote of the Council:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
(SEAL)
__________________________
DEBORAH S. LOPEZ
CITY CLERK
17 Resolution No.22-_ Initiation of Specific Plan Amendment for APN 079-210-053 Page 1 ATTACHMENT 2
GENERAL PLAN TABLE 2-2
ALLOWABLE USES AND STANDARDS FOR
COMMERCIAL USE CATEGORIES
18 19
Resolution No.22-_ Initiation of Specific Plan Amendment for APN 079-210-053 Page 1 ATTACHMENT 3
GENERAL PLAN TABLE 2-2
ALLOWABLE USES AND STANDARDS FOR
OFFICE AND INDUSTRIAL USE CATEGORIES
20 21
Resolution No.22-_ Initiation of Specific Plan Amendment for APN 079-210-053 Page 1 ATTACHMENT 4
CITY COUNCIL RESOLUTION 19-30
INITIATING THE PROCESSING OF AN
APPLICANT REQUESTED
GENERAL PLAN AMENDMENT
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Resolution No.22-_ Initiation of Specific Plan Amendment for APN 079-210-053 Page 1 ATTACHMENT 5
Viajero GPA-I
Staff Presentation
28 Consideration of Initiation of a
General Plan Amendment for
an unaddressed parcel on
Viajero known as 079-210-
053; Case No. 21-0003-GPA
City Council
May 17, 2022
Presentation by:
Mary Chang, Supervising Senior Planner
Lisa Pr
asse, Current Planning Manager
Travis Lee, Associate Planner
29 Purpose of General Plan Amendment Initiations
•Allows for early public input
•Affords the City Council with the opportunity to deny the initiation of process
ing a General Plan Amendment (GPA)
•Provides staff direction to process the GPA request for further study •In all cases, initiation does not mean or imply that a requested amendmen
t will eventually be approved
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General Plan Amendment Request
•The current General Plan land use designation is General Commercial (C-G)
•The applicant desires a future utility scale energy storage project, which
is allowed under Business Park (I-BP) and Office and
Institutional (I-OI)
•The applicant is requesting Council initiate a General Plan Amendment to
study a change from C-G to I-BP or I-OI to allow Major Utilities as a permitted use on-site for a battery storage project
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Subject Parcel
4 Highway 101
Ellwood School
Hollister Avenue
32 Land Use Designation Legend:
• Blue: Public/Quasi-Public (P-QP)
• Orange: Planned Residential (R-P)
• Red Stripe: General Commercial (G-C)
• Yellow: Single-Family Residential (R-SF)
• Green: Open Space (OS-AR/OS-PR)
5 Proposed Land Use
and Zoning
Designation: I-BP or I-
OI
33 Background
General Plan was adopted in 2006
•Western Goleta is furthest area Southern California Edison services •Applicant proposes battery storage to bolster grid resiliency •Current General Plan land use designation does not allow Major Utilities
as either a permitted or conditionally permitted use type on- site
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Initiation Criteria
Per Council Resolution 12-13 and Chapter 17.67, five factors to initiate a General Plan Amendment:
1.The amendment proposed appears to be consistent with the Guiding Principles and Goals of the General Plan
2.The amendment proposed appears to have no material effect on the community or the General Plan
3.The amendment proposed provides additional public benefit to the community as compared to the existing land use designation or policy
4.Public facilities appear to be available to serve the affected site, or their provision will be addressed as a component of the amendment process or
5.The amendment proposed is required under other rules or regulations 7 35
Initiation Criteria for the Proposal
Factor 1: Land Use Element Guiding Principle and Goals (GPG) •GPG 4 “Maintain economic prosperity with a sustainable economy that
is not based on growth”
•GPG 6 “Maintain a balanced community, with an appropriate mix of residences,
workplaces and services”
•GPG 10 “Ensure that all new development and changes to existing developmen
t are compatible with the character, scale, and design of the neighborhood”
If initiated, staff would further evaluate consistency with Guiding Principles
and Goals in more detail
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Initiation Criteria for the Proposal (cont.)
Factor 2: Effect on Community or General Plan
•Not a fundamental change to the City’s overall land use pattern as pro
vided for in Figure 2-1
•The allowable uses under I-BP and I-OI may be less impactful than the C-G
use
•However, I-BP would represent a loss of housing potential since resi
dential uses are not allowed
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Initiation Criteria for the Proposal (cont.)
Factor 3: Public Benefit
• The proposed amendment may provide public benefit to the community as the uses
allowed under the I-BP and I-OI land use designations are potentially more compatible with the adjacent uses
• The proposed amendment may expand employment opportunities in the community
• The proposed amendment will allow for utility projects which may help to improv
e the resiliency of the local electrical grid
• The proposed amendment will allow for residential uses if the land use designation
is changed from C-G to I-OI
38 Initiation Criteria for the Proposal (cont.)
Factor 4: Availability of Public Facilities
•The subject site is near Hollister Avenue, a main arterial in the City, with
proximity to public services including the electrical distribution network needed
Factor 5: Other Rules and Regulations
•The amendment proposed is not required under other rules or regula
tions
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Process, If Initiated
•Initiation is the first step of the planning process
•Staff will:
Process the GPA request with associated project applications Review for consistency with the Sovereign Energy Storage Project Conduct environmental review for the GPA (and other associated components) Consult with other agencies
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Process, If Initiated (cont.)
•Design Review Board will make a recommendation on the design to the Planning Commission a
nd the City Council
•Planning Commission will consider the GPA and related actions and mak
e a recommendation to the City Council
•City Council will consider the GPA and related actions; will be the decisionmak
er for all project components
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Recommendation
Adopt Resolution 22-__, entitled “A Resolution of the City Council of the City of Goleta, California, Initiating the Processing of An Applicant-Requested General Plan Amendment for an unaddressed parcel on Viajero known as APN 079-210-053; Case No. 21-0003-GPA 14 42
Questions?
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The business of sustainability
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GenOn
General Plan Amendment
Initiation Application
21-0003-GPA
Battery Energy Storage
Goleta City Council Hearing
April 19 2022
44 www.erm.com
Future Battery Energy Storage
GenOn is developing a 30 MW battery storage project
Western portion of a 2.1- acre undeveloped parcel (APN 079-210-053)
Access from Viajero Drive or Ellwood Generating Station Multiple modular battery units in open plan or enclosure Visual screening and landscaping
Potential lot merger with Ellwood Generating Station
Independent operation from Ellwood Generating Station Tie-in to SCE 69 kV lines on Las Armas Rd. avoids the need for linear infrastructure
Enables grid reliability and renewable energy
integration; contributes to SB 100 Renewables Portfolio Standards goal of 60% by 2030(https://www.cpuc.ca.gov/RPS_Overview/) SCE interconnection process underway with System
Impact Study and Facility Study completed
GPAI site (green line) is an undeveloped 2.1-acre parcel. GenOn’s Ellwood Generating Station is on the adjacent parcel.
45 www.erm.com
GenOn Battery Storage Setting
Undeveloped land at northwest terminus
of Viajero Drive
Current General Plan designation:
C-G General Commercial
Current Inland Zoning:
CG General Commercial (per New Zoning
Ordinance effective April 2020)
Site features
Primarily ruderal vegetation
Minor wetland feature near the south edge
and willow stand in SW corner
Eucalyptus near south and west perimeters
Nearby land uses: utility (Ellwood
Generating Station), residential,
commercial (parking), institutional,
UPRR, Highway 101
Site views: Left photo view to southeast. Right photo view to southwest. Ellwood Generating Station is visible along west edge of property (right side of photo). 46 www.erm.com
General Plan Amendment Initiation
General Plan Amendment (GPA) Initiation application 21-0003- GPA filed September 20, 2021 with supporting policy analysis per City Council Resolution No. 12-13 (GMC 17.67.030)
GPA would amend Land Use Element (LUE) Figure 2-1 to
change the land use designation from General Commercial (C- G) to either Office and Industrial (I-OI) or Business Park (I-BP) These designations are consistent with other recent GPAI applications for battery storage
GPAI application provides policy analysis and anticipated process Conditional Use Permit and Development Plan process
CEQA review and process steps
Project description
Environmental issues and supporting studies
Mitigations and compliance plans
47 www.erm.com
GMC 17.67.030 General Plan Amendment Initiation Factors (per Resolution No. 12-13)
Factor 1 The amendment proposed appears to be
consistent with the Guiding Principles and Goals of the General Plan.
Factor 2 The amendment proposed appears to have no
material effect on the community or the General Plan.
Factor 3 The amendment proposed provides additional
public benefit to the community as compared to the
existing land use designation or policy.
Factor 4 Public facilities appear to be available to serve the affected site, or their provision will be addressed as a component of the amendment process; or.
Factor 5 The amendment proposed is required under
other rules or regulations.
GPA would conform with City goals of balanced
development and result in fewer vehicle trips vs
potential commercial uses.
GPA would affect one parcel; remaining city parcels
would support envisioned commercial uses. Size, bulk
and scale would be subject to Design Review Board
approval.
Public benefits include improved electrical grid reliability which can improve emergency preparedness and
progress the City toward its green energy goals.
Access via Hollister Ave. and Viajero; minimal water
and sewer demand. Battery storage would improve grid
reliability.
Not applicable. The GPA is not required under other
rules or regulations.
A General Plan Amendment from Commercial to Industrial (I-OI or I-BP) would meet the City’s 5 Factors:
https://qcode.us/codes/goleta/view.php?topic=17-v-17_67-17_67_030 48 www.erm.com
Next Steps
Upon GPAI approval, GenOn will file GPA and CUP applications with supporting studies for concurrent review and processing Applicant contacts
Jon Sacks, applicant: [email protected]
Patrick Verdonck, project design support: [email protected] Tim Murphy, permitting support: [email protected]
Nikki Payne, permitting support: [email protected]
Questions?
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