Agenda Item B.4
CPMS CONSENT CALENDAR
Meeting Date: May 17, 2022
____________________________________________________________
TO: Mayor and Councilmembers
FROM: Peter T. Imhof, Planning and Environmental Review Director
CONTACT: Anne Wells, Advance Planning Manager
J. Ritterbeck, Senior Planner
Andy Newkirk, Senior Planner
SUBJECT: Title 17 (Zoning) Ordinance Amendments Second Reading (Case No. 22- 0001-ORD)
RECOMMENDATION:
Conduct second reading (by title only, waiving further reading) and adopt Ordinance No. 22-__, entitled “An Ordinance of the City Council of the City of Goleta, California, Adopting Various Amendments to Title 17 of the Goleta Municipal Code.”
BACKGROUND:
On March 3, 2020, City Council adopted Title 17 (Zoning) of the Goleta Municipal Code (GMC). Title 17 became effective on April 3, 2020. Since adoption, the City has conducted two rounds of amendments to Title 17 to address “clean -up” items, including necessary revisions related to changes in State law and to clarify various provisions in the Title. The first of these amendments to Title 17 were adopted by the City Council on October 6, 2020, via Ordinance No. 20 -09, and became effective on November 6, 20 20. A second set of amendments was adopted on September 21, 2021, via Ordinance No. 21 -07, and became effective on October 22, 2021. Since that time, staff has continued to track implementation of Title 17 and has identified additional amendments needed to 1) address potential inconsistencies with existing City policies or new State law, 2) better clarify the intent and application of Title 17 development standards based upon issues raised during review of development applications, and 3) correct typographi cal errors or ambiguities in the text of the Title. The proposed Ordinance will be the City’s third round of edits to the adopted Zoning regulations, which have been planned to occur on a regular basis since adoption of the code.
On March 28, 2022, the Planning Commission conducted a public hearing to consider the proposed Ordinance and adopted Resolution No. 22-02 recommending the City Council adopt the proposed Ordinance with one substantive revision. This recommended revision changed the permit path for electronic changeable copy on existing gas station sign structures from a Major Conditional Use Permit to that of Design Review Board approval and a Zoning Clearance.
1 Meeting Date: May 17, 2022
DISCUSSION:
On May 3, 2022, the City Council reviewed the Planning Commission recommendation and after making one edit to remove all amending text related to electronic changeable copy, unanimously introduced and conducted the first reading of the proposed Ordinance, as amended and provided as Attachment 1. The City Council directed staff to return with more information and possible Title 17 (Zoning) amendments regarding electronic changeable copy signs at a future hearing date.
The City Council must conduct a second reading of the Ordinance prior to the Ordinance going into effect. City Council has the opportunity to conduct the second reading and adopt the Ordinance, which would then be effective on the thirty-first day after adoption.
FISCAL IMPACTS:
There is no direct fiscal impact from adoption of the Ordinance. Funding for Planning and Environmental Review staff time to prepare the Ordinance was included in the adopted FY 2021-22 Budget under Program 4300 of the Advance Planning Division.
Reviewed By: Legal Review By: Approved By:
___________________ ___________________ _________________ Kristine Schmidt Megan Garibaldi Michelle Greene
Assistant City Manager City Attorney City Manager
ATTACHMENT:
1. Ordinance No. 2 2-__, entitled “ An Ordinance of the City Council of the City of Goleta, California, Adopting Various Amendments to Title 17 of the Goleta Municipal Code.”
2 Attachment 1
Ordinance No. 22-__, entitled “An Ordinance of the City Council of the City of Goleta, California, Adopting Various Amendments to Title 17 of the Goleta Municipal Code”
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ORDINANCE NO. 22-__
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GOLETA, CALIFORNIA, ADOPTING VARIOUS AMENDMENTS T O TITLE 17 OF
THE GOLETA MUNICIPAL CODE
WHEREAS the City of Goleta (City) adopted Title 17 (Zoning) of the Goleta Municipal Code (GMC) on March 3, 2020; and
WHEREAS, since the adoption of Title 17, City staff has identified a variety of edits that are needed to improve Title 17 by addressing State law and General Plan policy, remedying minor errors and inconsistencies , and by providing clarification for other ambiguities; and
WHEREAS the Planning Commission conducted a duly noticed public hearing on March 28, 2022, at which time all interested parties were given an opportunity to be heard; and
WHEREAS the Planning Commission recommended to City Council adoption of the Title 17 Amendments Ordinance on March 28, 2022; and
WHEREAS the City Council conducted a duly noticed public hearing on May 3, 2022 at which time all interested persons were given an opportunity to be heard; and
WHEREAS the City Council adopted Ordinance No. 22-__, which amends Title 17 of the GMC, by a majority vote on May 17, 2022.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GOLETA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1 Recitals
The City Council hereby finds and determines that the foregoing recitals, which are incorporated herein by reference, are true and correct.
SECTION 2 Required Findings for Ordinance Amendments
Pursuant to subsection 17.66.050(B) of the Goleta Municipal Code , the City Council makes the following findings:
A. The amendment is consistent with the General Plan , the requirements of State planning and zoning laws, and Title 17 of the Goleta Municipal Code.
The Ordinance, which amends the Goleta Municipal Code Title 17, is consistent with all applicable provisions of the City’s General Plan that relate to development on real property throughout the City . Many of the textual amendments relate to minor clerical revisions that do not alter the previous finding of Title 17 consistency with the General Plan, as presented in Ordinance No. 20-03. 4 Ordinance No. 22-__ Title 17 Amendments Page 2
Specifically, the Ordinance maintains consistency with General Plan policies relating to noise attenuation and amends the associated sections of Title 17 to better align the zoning regulations with those policies . Amendments to Section
17.39.070 noise standards now all ow the City more flexibility to condition and mitigate new development. Such mitigations include incorporating various sound attenuation measures as features of the proposed development to reduce noise exposure levels to acceptable levels while e nsuring consistency wi th Noise Element subpolicy NE 1.1 and NE 1.2.
The Ordinance will amendment Title 17 and bring the City’s zoning regulations into compliance with California Government Code Section 65850.7, which regulates and limits the scope of local review of electric al vehicle charging stations and supporting equipment. The Ordinance adds subsection 17. 38.040(E), which reduces required parking by the amount necessary to accommodate electric vehicle charging stations and any associated equipment.
Finally, a n a mendment to the City’ s Design Review procedures in subsection
17.58.020(A) to add an exemption from this form of discretionary review ensures that Title 17 maintains consistency with Senate Bill 35, which was signed into law in 2017 (Chapter 366 , Statutes of 2017 ), which requires streamlined, ministerial approval process for certain types of housing projects throughout the State.
B. The amendment is in the interests of the general community welfare.
The Ordinance, which amends Goleta Municipal Code Title 17, will allow the City to continue to effectively exercise its police power rights over privately-owned real property. These police power ensure the City’s ability to implement the goals, objectives, and policies of the General Plan, which protect the health, safety, and general welfare of the community. Therefore, the Amendment is in the interest of the general community welfare and this finding can be made.
C. The amendment is consistent with good zoning and planning practices.
The Ordinance, which amends Goleta Municipal Code Title 17, will help the City continue to implement the community goals, objectives, and policies of the General Plan. Furthermore, the Amendment will further enable the City to have better control over existing and future land uses and development on real property throughout Goleta and ensure full compliance with State law controlling the review of certain types of development. Therefore, the Amendment is consistent with good zoning and planning practices and this finding can be made.
SECTION 3 Environmental Assessment
The Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(3) of the CEQA Guidelines (Title 14, Chapter 3 of the California Code of Regulations) because the activity is not a “project” as defined in Section 15378(b)(5) as an organizational or administrative activity by government that will not result in direct or indirect physical changes in the environment.
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The Ordinance is also exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines because the activity is covered by the general rule which exempts activities that can be seen with certainty to have no possibility for causing a significant effect on the environment.
Furthermore, p ursuant to Public Resources Code Section 21083.3 and Californ ia Environmental Quality Act (CEQA) Guidelines Section 15183, projects that are consistent with the development density of existing zoning, community plan, or General Plan policies for which an Environmental Impact Report (EIR) was certified shall be exemp t from additional CEQA analysis, except as may be necessary to determine whether there are project-specific significant effects that are peculiar to the project or site that would otherwise require additional CEQA review. There is no new substantial inform ation indicating that the impacts of adopting the Ordinance will be more severe than described in the General Plan EIR and there are no cumulative or off-site impacts from the proposed Ordinance that were not addressed in the General Plan EIR. As such, the Ordinance is exempt from further CEQA review.
SECTION 4 Title 17 of the Goleta Municipal Code Amendments
Title 17 of the GMC is hereby amended as follows:
A. Subsection 17.01.040(D) of the Goleta Municipal Code is amended to read as follows:
Zoning Code Determinations. The Director has the authority to determine the applicability of any provision of this Title.
B. The title and text of Subsection 17.02.030(A) of the Goleta Municipal Code is amended to read as follows:
Definitions and Clarifications. The Director shall be responsible for the interpretation of any definition not expressly identified in this Title or provide clarification of the rules and regulations within this Title.
C. The preamble for Section 17.07.030 of the Goleta Municipal Code is amended to read as follows:
Table 17.07.030 prescribes development regulations for the Residential Districts for permitted and conditionally permitted uses. Letters in parenthesis (e.g., (A)) refer to the regulations following the table. When in the “Addit ional Regulations” column, the regulations apply to all districts. When in just one district’s column, the regulations apply only to that particular district. The numbers in each illustration below refer to corresponding regulations in the “#” column in th e associated table. Regulations specifically applicable to one or more residential districts can be found below in Section 17.07.040 et seq. Other specific regulations applicable to all zoning districts, including non-residential districts, are in Part IV of this Title.
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D. Replace existing image at the top of Table 17.07.030 of the Goleta Municipal Code with the figure below:
E. Subsection 17.07.040(B)(8)(e)(i) of the Goleta Municipal Code is amended to read as follows:
The maximum floor area of each new principal dwelling is 800 square feet.
F. Footnote (5) in Table 17.09.020 of the Goleta Municipal Code is amended to read as follows:
Only if it is in association with an allowed use. Where a parcel has multiple tenant spaces, Indoor Warehousing and Storage must be within the same tenant space as the allowed use but is not subject to the Accessory Use standards in Section
17.41.040.
G. Subsection 17.24.020(C) of the Goleta Municipal Code is amended to read as follows:
Relation to Primary Use or Other Structures.
1. Primary Use. An attached or detached accessory structure may only be constructed on a lot on which there is a primary use to which the accessory structure is related.
2. Building Separation. A detached accessory structure must be separated from the primary structure and any other accessory structure by at least five feet.
H. Subsection 17.24.020(D)(1)(b) of the Goleta Municipal Code is amended to read as follows:
Rear Setbacks.
i. Accessory structures greater than 12 feet in height must conform to the setback regulations of the district, or as otherwise allowed under this Title.
ii. Accessory structures that are less than or equal to 12 feet may be located no less than three feet from the rear lot line but may not occupy more than 40 per cent of the required rear setback area.
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I. The title and preamble for Section 17.24.090 of the Goleta Municipal Code are amended to read as follows:
Fences, Freestanding and Retaining Walls, and Hedges
Fences, freestanding and retaining walls, and hedges must comply with the following standards.
J. Subsection 17.28.020(B)(1) of the Goleta Municipal Code is amended to read as follows:
Projects to construct one, single-unit dwellings on an existing “R” zoned lot;
K. Subsection 17.28.060(C)(4) of the Goleta Municipal Code is amended to read as follows:
Reporting. The Director may require certification of continuing occupancy of the inclusionary unit by eligible households, which must be verified to the reasonable satisfaction of the Director by means of a wr itten report to the Director, setting forth the income and family size of the occupants of the inclusionary unit. The property owner or housing management entity will be deemed in default of the Inclusionary Housing Agreement if failing to deliver such annual report within 30 days after receipt of written notice from the Director requesting such report and subject to enforcement pursuant to Section 17.28.110, Inclusionary Housing – Enforcement. The Director will have the option of establishing the type of form to be used for the report.
L. Required Parking Spaces for Studio and One -Bedroom Units in Table
17.38.040(A) of the Goleta Municipal Code is amended to read as follows:
2 spaces per unit.
M. Add a new Subsection 17. 38.040(E) of the Goleta Municipal Code to read as follows:
Electrical Vehicle Charging Stations. The number of required parking spaces for an existing use shall be reduced by the amount necessary to accommodate electric vehicle charging stations and any associated equipment that interfere with, reduce, eliminate, or in any way impact the required parking spaces for the existing uses.
N. Subsection 17.39.070(A)(1) of the Goleta Municipal Code is amended to read as follows:
Proposals for new development that would cause standards to exceed the Clearly Unacceptable noise exposure for any use may only be approved if the project would provide a substantial benefit to the City.
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O. The title and preamble for Section 17.40.080 of the Goleta Municipal Code is amended to read as follows:
Additional Standards for Specific Sign Types.
This Section establishes additional development standards for specific sign types. The standards set forth below are in addition to any standards, allowances, or limitations set forth elsewhere in this Chapter.
P. Subsection 17.40.100(A) of the Goleta Municipal Code is amended to read as follows:
Applicability. All exempt and/or permitted signage that exists within the City on the date this Title becomes effective that is made nonconforming as to this Chapter shall be subject to the following provisions of this Section. All illegal or unpermitted signs shall be deemed in violation of this Title and are subject to Chapter 17.69, Enforcement.
Q. Subsection 17.41.180(B) of the Goleta Municipal Code is amended to read as follows:
Allowable Uses. Live/Work Units must contain a residential use but are not required to maintain a “work” or commercial use.
R. The preamble for Section 17.41.220 of the Goleta Municipal Code is amended to read as follows:
Residential care facilities must be located, developed, and operated in compliance with the following standards, where allowed by Part II, Base Zoning District Standards and Allowed Uses:
S. Subsection 17.41.220(A) of the Goleta Municipal Code is amended to read as follows:
Small Residential Care Facilities. There are no City -specific standards for Small Residential Care Facilities.
T. Subsection 17.50.060(A)(2) of the Goleta Municipal Code is amended to read as follows:
Make official Zoning Code Determinations as to the applicability of any provision of this Title, pursuant to subsection 17.01.040(D) of this Title.
U. Add new subsection 17.50.020(A)(3) to read as follows:
Provide clarification of the rules and regulations of this Title, pursuant to subsection
17.02.030(A).
And renumber the remaining items in subsection 17.50.020(A) accordingly. 9 Ordinance No. 22-__ Title 17 Amendments Page 7
V. Subsection 17.52.050(A) of the Goleta Municipal Code is amended to read as follows:
Applicability. Public notice is required for the following types of permits, actions, and hearings:
W. Subsection 17.52.050(A)(1) of the Goleta Municipal Code is amended to read as follows:
Zoning Permits. All Zoning Permits, except for Zoning Clearances.
X. Subsection 17.52.050(A)(2) of the Goleta Municipal Code is amended to read as follows:
Zoning Code Determinations. All Zoning Code Determinations by the Director require noticing only on the City’s website.
Y. Add new Subsection 17.52.050(A)(3) to the Goleta Municipal Code to read as follows:
Director Decisions. An action by the Director on applications for a Substantial Conformity Determination, pursuant to subsection 17.52.100(B) or an Amendment to a prior discretionary approval, pursuant to subsection 17.52.100(C) of this Title.
Renumber the remaining subsection “Public Hearings” to (4) accordingly.
Z. Subsection 17.52.050(B)(2)(e) of the Goleta Municipal Code is amended to read as follows:
A statement, that if a person challenges the subject project in court, that person may be limited to raising only those issues that the person, or someone else, raised at the public hearing or in written correspondence delivered to the City at, or before, the public hearing.
AA. Subsection 17.52.050(B)(2)(f) of the Goleta Municipal Code is amended to read as follows:
For City Council hearings, the dates of all prior public hearings by City Review Authorities, pursuant to Chapter 17.50 of this Title.
BB. The preamble for Section 17.52.100 of the Goleta Municipal Code is amended to read as follows:
Changes to previously approved Zoning Permits and Discretionary Approvals shall be reviewed against the regulations and development standards in effect at the time the City acts upon the application for the requested change and must be processed pursuant to this Section. Any Nonconforming, existing development shall be subject to Chapter 17.36, Nonconforming Uses and Structures.
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CC. Subsection 17.52.100(A)(1)(e) of the Goleta Municipal Code is amended to read as follows:
The minor change is exempt from Design Review, pursuant to Section 17.58.020, Exemptions, and would not be counter to any design direction previously provided;
DD. Subsection 17.52.100(A)(1)(f) of the Goleta Municipal Code is amended to read as follows:
The change would otherwise be exempt from a Zoning Permit or only require a Zoning Clearance;
EE. Subsection 17.52.100(B)(1) of the Goleta Municipal Code is amended to read as follows:
Minor Changes to Approved Development. The Director may approve a minor change to any Conditional Use Permit or Development Plan approved pursuant to this Title prior to the approval expiration, if applicable. The Director must determine that the change is in substantial conformity with the approval such that the change would not result in a change to the project , which would alter the scope and intent of the approval the Review Authority originally acted on, pursuant to the standards and findings below:
FF. Subsection 17.52.100(B)(1)(a) of the Goleta Municipal Code is amended to read as follows:
Development Thresholds.
i. The change will not result in an increase of 1,000 square feet or more than ten percent, whichever is less, of building coverage of new structures over the total allowed in the original approval.
ii. The change will not result in an overall height, which is greater than ten percent above the originally approved height.
iii. The change will not result in more than 1,500 cubic yards of new cut and/or fill in the Inland Area (50 cubic yards in the Coastal Zone) and avoids slopes of 30 percent or greater unless these impacts were addressed in the environmental analysis for the project; mitigation measures were imposed to mitigate said impacts and the change will not compromise the mitigation measures imposed.
GG. Subsection 17.52.100(B)(2)(a) of the Goleta Municipal Code is amended to read as follows:
The findings required for the original approval can still be made.
HH. Subsection 17.52.100(B)(2)(d) of the Goleta Municipal Code is amended to read as follows:
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Any changes to the original project are consistent with any prior Design Review approval or conditions of approval for landscaping and structures.
II. Subsection 17.52.120(D)(1) of the Goleta Municipal Code is amended to read as follows:
Proceedings Stayed by Appeal. The timely filing of an appeal within the 10 -day appeal period shall stay all proceedings for the permit or action being appealed.
JJ. Subsection 17.53.020(V) of the Goleta Municipal Code is amended to read as follows:
The temporary use of generators in the event of a power outage or for other emergency use. For purposes of this subsection, emergency use is defined in accordance with 17 California Code of Regulations, Section 93115, as may be amended.
KK. Subsection 17.54.020(B)(3) of the Goleta Municipal Code is amended to read as follows:
Design Review Board approvals for individual Signs not associated with an Overall Sign Plan and actions to grant Design Review approval for a project where the Design Review Board is the Review Authority.
LL. Section 17.54.040 of the Goleta Municipal Code is amended to read as follows:
17.54.040 Required Findings
A. Entitlement Permit. Other than those findings required pursuant to Section
17.52.070, Common Procedures – Findings for Approval, no additional permit- specific f indings are required for the issuance of an Entitlement Zoning Clearance.
B. Effectuating Permit. Prior to the issuance of an Effectuating Zoning Clearance, the following findings must be made:
1. All necessary prior approvals have been obtained.
2. Any “Prior to Issuance of Zoning Clearance” conditions from the Discretionary Approval have been met.
MM. Add new Subsection 17.58.020(A)(6) to the Goleta Municipal Code to read as follows:
Projects requiring only ministerial review under State law.
NN. Subsection 17.58.040(B)(1)(c) of the Goleta Municipal Code is amended to read as follows:
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Any project where Design Review Board review is specified by action of the City Council, or Planning Commission, or the Director;
OO. Add new Subsection 17. 67.030(D) to the Goleta Municipal Code to read as follows:
Expiration. If a request to initiate a General Plan Amendment is approved by City Council, a General Plan Amendment application must be submitted within two years from the date of initiation, pursuant to Chapter 17.52, Common Procedures. If no application for a Gener al Plan Amendment is submitted within this time period, the approved initiation shall expire, become null and void, and shall not be subject to subsection 17.52.090(D), Time Extensions, of this Title.
PP. Section 17.69.050 of the Goleta Municipal Code is amended to read as follows:
All remedies provided for herein will be cumulative and not exclusive. The conviction and punishment of any person hereunder will not relieve such person from the responsibility to correct prohibited conditions or to remove prohibi ted buildings, structures, or improvements nor prevent the enforcement, correction, or removal thereof. In addition to the other remedies provided in this Title, the City Council, the City Attorney, or any adjacent or neighboring property owner who would be especially damaged by the violation of any provision of this Title, may institute, in addition to the other remedies provided by law, injunction, mandamus, abatement, or any other appropriate action, proceeding or proceedings to prevent or abate or remov e such unlawful erection, construction, reconstruction, alteration, maintenance, or use.
QQ. Section 17.73.020 of the Goleta Municipal Code is amended as follows:
1. Amend the definition for “Accessory Structure, Detached” to read as follows:
An accessory structure that is structurally disconnected from the primary structure.
2. Amend the definition for “Discretionary Review” to read as follows:
The review of a project that requires the exercise of judgment or deliberation and as distinguished from situations where the City merely has to determine whether there has been conformity with objective standards in applicable statutes, ordinances, or reg ulations. Discretionary Review includes review by a Review Authority on any of the following: Coastal Development Permits within the Appeals Jurisdiction, Conditional Use Permits, Demolition of a Historic Resource, Design Review and Overall Sign Plans revi ewed by the Design Review Board, Development Plans, General Plan Amendments, Modifications, Government Code Consistency Determination, Specific Plans, Time Extensions, Variances, Zoning Ordinance Amendments, and Zoning Map Amendments, and changes to previously approved projects, such as Substantial Conformity Determinations, Amendments, and Revisions.
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3. Amend the definition of “Above Moderate-Income Household” to read as follows:
Greater than 120 percent of area median income, adjusted for household size as appropriate for the unit.
4. Amend the definition of “Corner Lot” to read as follows:
A lot or parcel bounded on two sides by street lines that have an angle intersection that is not more than 135 degrees.
5. Amend the definition of “Through Lot” to read as follows:
A lot having frontage on only two parallel or approximately parallel public streets.
6. Amend the definition for “Mixed Use Development” to read as follows:
A development that combines both residential and non -residential uses in an integrated p attern with significant functional interrelationships and a coherent physical design.
SECTION 5 Effect of Amendments
To the extent any provision of this Ordinance repeals , amends, or supersedes any previous approvals, such re peal or replacement will not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before, this Ordinance’s effective date. Any such repealed or superseded part of previous approvals will remain i n full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance.
SECTION 6 Severability
If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable.
SECTION 7 Codification
The City Clerk shall cause these amendments to be appropriately renumbered and codified in Title 17 of the Goleta Municipal Code on the effective date of this Ordinance.
SECTION 8 Certification of City Clerk
The City Clerk shall certify to the adoption of this ordinance and, within 15 days after its adoption, shall cause it to be published in accord with California Law.
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SECTION 9 Effective Date
This Ordinance shall take effect on the 31st day following adoption by the City Council.
INTRODUCED ON the ___ day of ________, 2022.
PASSED, APPROVED, AND ADOPTED this ________day of ______ 2022.
_________________________
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 Ordinance No. 22-__ was introduced on _______, and adopted at a regular meeting of the City Council of the City of Goleta, California, held on the _______, by the following roll-call vote, to wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
(SEAL)
_________________________
DEBORAH S. LOPEZ
CITY CLERK
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