Agenda Item B.1
PUBLIC HEARING
Meeting Date: July 19, 2022
TO: Mayor and Councilmembers
FROM: Peter Imhof, Planning and Environmental Review Director CONTACT: Anne Wells, Advance Planning Manager
J. Ritterbeck, Senior Planner
SUBJECT: Consideration of Initia tion of a General Plan Amendment to the Land Use Element, Safety Element, Noise Element, and Figure 5-3, as Needed, to Satisfy State Aviation Law; Case No. 22-0001-GPA RECOMMENDATION:
Adopt Resolution No. 22-___, entitled “A Resolution of the City Council of the City of Goleta, California, Initiating the Processing of a City-initiated General Plan Amendment to the Land Use Element, Safety Element, Noise Element, and Figure 5 -3, as Needed, to Satisfy State Aviation Law; Case No. 22-0001-GPA.”
BACKGROUND:
The City of Goleta adopted the Goleta G eneral Plan/Coastal Land Use Plan (General Plan) on October 2, 2006 . The Gene ral Plan contains the following seven, state- required elements and two optional elements as follows: Land Use Element, O pen Space Element, Conservation Element, Safety Element, Vi sual and Historic Resources Element, Transportation Element, Public Facilitie s Element, Noise Element, and Housing Element. Since its adopti on, the General Plan has been amended on 25 occasions. Th e most recent amen dment occurred on April 5 , 2022, via City Council Resolution No. 22-09.
The General Plan Amendment (GPA) process is governed by Article 6 of State Planning and Zoni ng Law (Government Code S ections 65350 et seq.). Pursuant to State law, GPAs require the Planning Commission ’s consideration and recommen dation.
However, the final decision is a legislative action and is reserved for the City Council.
City Council Resolution No. 12-13 and Title 17 of Goleta Municipal Code (GMC) Section
17.67.030 include procedures for the initiation of processing requests for GPAs. These procedures require tha t a ll requests for GPAs be referred to the City Council for initiation at a public hearing prior to processing. Resolution No. 12-13 and GMC Section 1 Meeting Date: July 19, 2022
2 17.67.030 list five fact ors the City Council mu st consi der in or der to initiate a GPA.
These five factors are:
1. The amendment proposed appears to be con sistent with the Guiding Principles and Goals of the General Plan;
2. The amendment proposed appears to have no materi al 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 GPA and any related envi ronmental document are prepared a nd considered by the Planning Co mmission and a re commendation is made to the City Council via resolution. The City Council takes f inal action at a subsequent public hearing.
DISCUSSION:
The ALUCP affecting the City of Goleta applies to the Santa Barbara Ai rport (SBA). An update to the ALUCP is being considered by the Santa Barb ara County Association of Governments (SBCAG), which acts as the Airport Land Use Commission (ALUC) for SBA. City Planning and Env ironmental R eview staff has worked closely with SBCAG staff to revise the draft ALU CP, which was pr eviously released in May of 2019, to address all of the issues identified as potentially det rimental to the City. The City recommended specific edits to the 2019 document, which were all accepted by SBCAG staff, and a revised draft ALUCP wa s recently released in Februar y of 2022 . The revised ALUCP is expected to be presented before the ALUC by SB CAG st aff for adoption later this year. As explained in more detail later in this report , the City wi ll need to ready to act quickly to make all associated amendments to the General Plan to accurately reflect the adopted ALUCP.
California Public Utilities Code Section 65302 outli nes requirem ents for the required General Plan Elements. More specific requirements for amendments to a General Plan and any applicable Specific Plan to comply with an Airp ort Land Use Compatibility Plan (ALUCP) are provided in a California Government Code Section 65302.3, which states that the amendmen t must occur within 180 days of any amendment to the ALUCP, required under Section 21675 of the Public Utilities Code. Under these State requirements, the City must update the current text within three Elements (Land Use, Safety, and Noi se) as well as the mapped Airport Hazards Area depicted in Figure 5 -3 of the General Plan . T he proposed GPA initiation would authorize sta ff to process a GPA to update the Land Use Element, Safety Element, and Noise Element, and Figure 5-3 as neede d to comply with the requir ements of the California Gov ernment Code regarding ALUCP updates.
2 Meeting Date: July 19, 2022
3 As previously noted, the City Council must consider a specific set of five factors when determining whether to initiate a GPA. Staff presents the following discussion of the GPA initiation factors for consideration:
Factors 1-4. For purposes of this GPA I nitiation, the first four fact ors presented above are not relevant given the State law requirements discussed below.
Factor 5. The amendment proposed is required under othe r rules or regulation s.
The prop osed G PA is required by State aviation law. As note d above, California Government Code mandates that Gener al Plans and any applicable Specific Plan be amended, as necessary, after any amend ment occurs to a n ALUCP affecting said General or Specific Plans . Specifically, Government Code Section 65 302.3(b) requires the City to updat e the affected Elements within a 180 -day timeframe after ALUCP adoption. In o rder to comply with this short timeframe, City staff has analyzed the draft ALUCP and each of the Elements of the City’s General Plan and has determined that three Elements and one map figure will r equire amendm ents. As such, the GPA initiation is warranted based solely upon Factor 5.
The resolution initiating the GPA based on th e factors discussed above is provided as Attachment 1. After the ALUCP is adopte d, staff will return to the Plann ing Commission and City Council with the re commended GPAs as well as a ny associated Title 17 Zoning Ordinance Amendments for subsequent consideration and adoption.
ENVIRONMENTAL REVIEW:
The initiation of a G PA is not a pr oject under the Californi a Environmental Quality Act because the initiation merely instructs staff to further consider the amendment and does not obligate the City to any f urther action in the future or result in any direct physical change in the environment or any reasonably foreseeable change in the environment.
FISCAL IMPACTS:
The fiscal impacts of Council’s direction to initiate the processing of a GPA would be the staff time needed in p reparation of said amendment s as well as consultant costs. Staff time for this project is included in the adopted Advance Planning Work Program for the PER Department for 2022-23.
ALTERNATIVES:
The C ity Council could choose not to initiate processi ng of the p roposed GP A. If not initiated, the City would not be able to begin the required revisions to the City’s General Plan and would either b e required to overrule the adoption of the ALUCP by SBCAG, which acts as the ALUC, or risk violating State law.
3 Meeting Date: July 19, 2022
4 Reviewed By: Legal Review By: Approved By:
___________________ ___________________ _________________ Kristine Schmidt Megan Garibaldi Michelle Greene
Assistant City Manager City Attorney City Manager
ATTACHMENT:
1. Resolution No. 22-__, entitled “A Resolution of the City Council of the City of Goleta, California, Initiating the Processing of a City -initiated General Pla n Amendment to the Land Use Element, Safety Element, Noise Element, and Figure 5-3, as Needed, to Satisfy State Aviation Law; Case No. 22-0001-GPA”
2. Presentation: General Plan Amendment Initiatio n - Airport Land Use Compatibility Plan
4 Attachment 1
Resolution No. 22-__, entitled “A Resolution of the City Council of the City of Goleta, California, Initiating the Processing of a City- initiated General Plan Amendment to the Land Use Element, Safety Element, Noise Element, and Figure 5-3, as Needed, to Satisfy State Aviation Law; Case No. 22-0001-GPA”
5 Resolution No.22-__ Initiation of General Plan Amendments for ALUCP Compliance 1 RESOLUTION NO. 22-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GOLETA,
CALIFORNIA, INITIATI NG THE PROCESSING OF A CITY -INITIATED
GENERAL PLAN AMENDME NT TO THE LAND USE E LEMENT, SAFETY ELEMENT, NOISE ELEME NT, AND FIGURE 5 -3, AS NEEDED, TO SATISFY STATE AVIATION LAW; CASE NO. 22-0001-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 Sections 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 le gislative 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 legi slative body that permits persons to request an amend ment of t he 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 R esolution No. 12 -13 and Goleta Municipal Code (GMC) Title 17 Section 17.67.030 establish a procedure for the initiation of processing of requests for a General Plan Amendment (GPA); and
WHEREAS City C ouncil Resolution No. 12 -13 and GMC Section 17.67.030 require the City Council to consider cert ain factors fo r the ini tiation of GPAs, including consistency with the Guiding Principles and Goals of the General Plan, consistency with the surrounding community or General Plan, possible public benefits, avail ability of or the future study of the availa bility of public services, or rules or regulations that may drive the need to amend the General Plan; and
WHEREAS California Public Utilities Code Section 65302 outli nes the State ’s general requirements for mandatory General Plan Elements; and
WHEREAS the Santa Barbara County Association of Governments, which acts as the Airport Land Use Commission for the Santa Barbara Airport, is expected to adopt an updated Airport Land Use Compatibility Plan (ALUCP) in the fall of 2022; and
WHEREAS California Government Code Section 65302.3 states that a City must amend its General Plan within 180 days of any amendment to an ALUCP required under Section 21675 of the Public Utilities Code; and
6 Resolution No.22-__ Initiation of General Plan Amendments for ALUCP Compliance 2 WHEREAS the City Council intends to initiate this GPA to allow City staff time to prepare a recommendation for requisite revisions to the text of affected General Plan Elements within the mandatory 180-day timeframe; and
WHEREAS the City Council conducted a duly noticed public hearing on July 19, 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, the governing State law, and oral and w ritten testimony from interested persons.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GOLETA, AS FOLLOWS:
SECTION 1 General Plan Amendment Initiation Factors
The City Council makes the following statements regarding the initiation factors outlined in City Council Resolution No. 12-13 and GMC Title 17 Section 17.67.030:
a. For purpose s of thi s GPA Initiation, the first four factors in City C ouncil Resolution No 12-13 and GMC Title 17 Section 17.67.030 are not relevant.
b. The proposed GPA is required by State aviation law. As noted above, California Government Code mandates that General Plans and any applicable Specific Plan be amended, as necessary, after any amendment occurs to an ALUCP affecting said General or Specific Plans. Specifically, Government Code Section 65302(b) re quires the City to upd ate the affect ed Elements within a 180 -day timeframe after ALUCP adoption. In order to comply with this short timeframe, City staff has analyzed the draft ALUCP and each of the Elements of the City’s General Plan and has det ermined that three Elements and on e map figure will require amendments. As such, the GPA initiation is warranted based solely upon Factor 5.
SECTION 2 City Council Action
The City Council hereby authorizes staff to initiate processing of General Plan amendments to update the Land Use Element, Safety Element, Noise Element, Figure 5-3, and any other portions of the General Plan as needed to comply with the requirements of State Aviation law.
7 Resolution No.22-__ Initiation of General Plan Amendments for ALUCP Compliance 3 SECTION 3 Certification
The City Clerk shall certify to the passage and adoption of this resolution and ente r it into the book of original resolutions.
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
8 Resolution No.22-__ Initiation of General Plan Amendments for ALUCP Compliance 4
STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA ) ss.
CITY OF GOLETA )
I, DEBORAH S. LOPEZ, City Clerk of the City of Goleta, Calif ornia, 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 19th day of July, 20 22 by the following vote of the Council:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
(SEAL)
__________________________
DEBORAH S. LOPEZ
CITY CLERK
9 ATTACHMENT 2
Presentation: General Plan Amendment Initiation - Airport Land Use Compatibility Plan
10 City of Goleta
General Plan Amendment Initiation
Airport Land Use Compatibility Plan
City Council Public Hearing
Presentation By:
Anne Wells, Advance Planning Manager
J. Ritterbeck, Senior Planner
July 19, 2022
11 July 19, 2022 2
PUBLIC HEARING AGENDA
Suggested Format
•
Staff Presentation
• Councilmember Questions
• Public Comment
• Council Deliberation
• Action on Recommendation
12 July 19, 2022 3
BACKGROUND
• 1991 – Adoption of current ALUP
• 2010 – SBCAG initiated update
• 2011 – CalTrans new Guidelines Handbook
• 2012 – SBCAG releases draft ALUCP
• 2012 – City comments and feedback to SBCAG
• 2012-2017 – Pause while SBCAG sought funding
• 2019 – SBCAG staff releases draft IS/ND
• 2019 – SBCAG/ALUC postpones adoption
• 2022 – Revised draft ALUCP released; CEQA revisions
• 2022 – Expected adoption by SBCAG
13 July 19, 2022 4
RECENT REVISIONS TO ALUCP
• Terms and Definitions
• Account for Existing Land Uses
• Flexibility for Allowable Land Uses
• Revised Airport Safety Zones
14 Five factors to initiate a GPA
•Factors 1-4: N/A
•Factor 5: The amendment proposed is required under other rules or regulations.
o Required by California Government Code - State Aviation Law o 180-day timeframe after ALUCP adoption
July 19, 2022 5
INITIATION CRITERIA
15 • Land Use Element
• Safety Element
• Noise Element
• Figure 5-3
July 19, 2022 6
REQUIRED AMENDMENTS
16 July 19, 2022 7
California Environmental Quality Act
(CEQA)
17 July 19, 2022 8
CEQA
Adoption of the ordinance amending Title 17 is exempt
from environmental review:
• CEQA Guidelines §15060(c)(3) and §15378(b)(5)
(not
a project)
18 July 19, 2022 9
Council Deliberation
and Action
19 July 19, 2022 10
RECOMMENDATION
Adopt Resolution No. 22-__, entitled “A Resolution of the City Council of the City of Goleta, California, Initiating the Processing of a City-initiated General Plan Amendment to the Land Use Element, Safety Element, Noise Element,
and Figure 5-3, as Needed, to Satisfy State Aviation Law; Case No. 22-0001-GPA”
20