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Title 17 (Zoning) Ordinance Amendments for Electronic Changeable Copy (Case No. 22-0001-ORD)

Goleta City Council
July 19, 2022

Document
Title 17 (Zoning) Ordinance Amendments for Electronic Changeable Copy (Case No. 22-0001-ORD)
Meeting
July 19, 2022
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Goleta City Council
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4
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Text extracted from the city's file for reading and search. Open the original on goleta.legistar1.com. That file is the official record.

CPMS
Agenda Item B.2

PUBLIC HEARING
Meeting Date: July 19, 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 for Electronic Changeable Copy (Case No. 22-0001-ORD)
RECOMMENDATION:

Introduce and conduct first reading (by title only) and waive further reading of Ordinance No. 22-__, entitled “An Ordinance of the City Council of the City of Goleta, California, Adopting Amendments to Title 17 of the Goleta Municipal Code for Electronic Changeable Copy Signs.”
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 thes e amendments to Title 17 were adopted by the City Council on October 6, 2020, via Ordinance No. 20-09. A second set of amendments was adopted on September 21, 2021 , via Ordinance No. 21 -07. Since that time, staff continued to track implementation of Title 17 and 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 typographical errors or ambiguities in the text of the Title. A third set of amendments was adopted on May 17, 2022, via Ordinance No. 22-06, addressing those changes. The proposed Ordinance, which is the subject of this staff report, will close the loop on the one outstanding issue remaining from the City’s third round of amendments.

The City Council directed staff to return at a later date with additional data relating to electronic changeable copy (ECC) signage for further discussion. At issue is the question of whether the City should change the permit path for existing manual changeable copy signage for upgrading to electronic changeable copy (ECC). Consistent with City 1 Meeting Date: July 19, 2022

Page 2 of 4 ends

Council’s direction, s taff compiled the requested information , which is pr esented below along with a summary of the recommended text amendments to the relevant development standards of Title 17.

DISCUSSION:

During the adoption hearings for the New Zoning Ordinance in 2020, the topic of ECC signage was controversial after comments were received that the City should outright ban such types of signs . Instead of banning ECCs, the City Council adopted regulations requiring a Major Conditional Use Permit because this type of permit would allow for policy and environmental analysis. This type of analysis en sures that potentially negative impacts (e.g., aesthetic, scenic corridors, nighttime glare, dark sky compliance, neighborhood compatibility, etc.) would be thoroughly analyzed and properly mitigated through environmental review . The resulting regulations in Title 17 subsection

17.40.060(I)(1) include development standards that regulate projects using ECC signage.

Currently, such sign age is only permissible within non -residential zoning districts with Design Review approval and a Major Conditional Use Permit. The regulations further limit ECC signage to fuel stations, indoor theaters, and public/quasi-public uses.

As discussed at the May 3, 2022, City Council hearing, a recent application for proposed new development included a request to replace the manual ly changeable copy on an existing non-conforming gas station pole sign and two existing monument signs located on a corner lot at Fairview and Calle Real with new ECC for fuel prices. The applicant asked the City to consider revisiting the Major Conditiona l Use Permit requirement and reducing the permit path for projects proposing to replace existing manually changeable copy with ECC to only Design Review (with follow-on effectuating Zoning Clearance). As requested by the applicant , the Major Conditional Us e Permit requirement would only apply to projects proposing new gas price signs with ECC.

City staff presented the applicant’s request at a public hearing on March 28, 2022 , and the Planning Commission provided staff with a recommendation that the City Council allow such streamlin ed permitting, but only for exi sting conforming signs that are not located within a scenic corridor . The Commission’s direction was reflected in the recommendation brought before the City Council at a public hearing on May 3, 20 22.

However, after considering the recommendation and discussing the topic further, Councilmembers directed staff to research and compile examples of existing ECC signage around the City. The research was intended to give better context for Council to consider expanding the allowanc e for ECC more broadly for existing businesses using manual changeable copy. Staff has summarized the results of the research and ha s proposed revisions to the associated development standards applicable specifically to ECC signage. The proposed amendments to the Title 17 (Zoning) Ordinance are shown in Attachment 1 and in tracked changes in Attachment 2 to this staff report. A summary of both the research results as well as the proposed amendments is provided below.

Research Results

Consistent with City Council’s direction, staff researched and compiled citywide examples of existing ECC signage. Research results will be presented to the public and City Council 2 Meeting Date: July 19, 2022

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in an interactive PowerPoint presentation at the July 19, 2022 p ublic hearing and are included as Attachment 4 to this staff report. A summary of the results is provided below:

1. There are a total of eleven public gas stations and one private gas station within the City.

2. Ten of the eleven public gas stations have just one gas price sign, with the one outlier having two signs. The private station has no visible signage.

3. Of the eleven public gas stations, eight currently use ECC and three use manual changeable copy.

4. Of the eight public gas stations using ECC signage, onl y one conforms to the existing height standard and limitation of only one per lot.

5. Of the eleven public gas stations, nine are nonconforming due to the use of a Pole Sign, which is prohibited by Title 17.

6. There are two additional manual copy signs located in the City along Fairview Avenue; one for a movie theater and the other for a church.

7. Eight of the eleven public gas stations are located along a Local Scenic Corridor.

8. Changing the permit path from a Major Conditional Use Permit to a Zoning Clearance with Design Review would affect a total of four existing signs using manually changeable copy and allow them to be replaced with ECC, including three nonconforming gas station Pole Signs and one movie theater sign.

Proposed Amendments

As directed by the City Council and based upon the research summarized above, staff recommends several amendments to the text of Title 17 that would allow for more flexibility and a more streamlined review process for permitting ECC within the City. There are three Title 17 sections requiring amendments and a summary of the changes is provided below.

Within Section 17.40.060 (General Provisions for All Sign Types), the following edits are recommended:

1. Require Design Review Board approval and an eff ectuating Zoning Clearance for existing signs that simply replace manually changeable copy with ECC.

2. Require a Major Conditional Use Permit for all new signage proposing to use ECC.

3. Eliminate the prohibition of ECC along designated Scenic Corridors.

Within Section 17.40.100 (Nonconforming Signs), the following edit is recommended:

1. Add a new subsection to explicitly c reate an exception for all existing nonconforming signs to be able to replace manually changeable copy with ECC.

Within subsection 17.58.040 (B) (Design Review Board), the following edit is recommended:

1. Add a new subsection (g) to add the review of all ECC signage to the list of responsibilities of the Design Review Board.
3 Meeting Date: July 19, 2022

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ENVIRONMENTAL REVIEW:

The proposed Ordinance to change the permit process for certain existing signage using manually changeable copy to be replaced with electronic changeable copy 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. Any future development that constitutes physical changes in the environment will have subsequent CEQA review for those projects.

The proposed Ordinance is also exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines because the action 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. A draft of the proposed Notice of Exemption is provided as Attachment 3.

FISCAL IMPACTS:

There is no direct fiscal impact from adoption of the proposed Ordinance. Funding for Planning and Environmental Review staff time to prepare the proposed Ordinance was included in the adopted FY 20 21–22 Budget under Program 4300 of the Ad vance Planning Division.

Reviewed By: Legal Review By: Approved By:

___________________ ___________________ _________________ Kristine Schmidt Megan Garibaldi Michelle Greene
Assistant City Manager City Attorney City Manager

ATTACHMENTS:

1. Ordinance No. 22 -__, entitled “An Ordinance of the City Council of the City of Goleta, California, Adopting Amendments to Title 17 of the Goleta Municipal Code for Electronic Changeable Copy Signs”

2. Proposed Ordinance Amendments: Changes Shown in Strike-Through / Underline

3. Environmental Document: [Draft] Notice of Exemption

4. Staff Presentation
4 Attachment 1

Ordinance No. 22-__, entitled “An Ordinance of the City Council of the City of Goleta, California, Adopting Amendments to Title 17 of the Goleta Municipal Code for Electronic Changeable Copy Signs”

5 Ordinance No. 22-__ Title 17 Amendments Page 1
ORDINANCE NO. 22-__

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GOLETA, CALIFORNIA, ADOPTING AMENDMENTS TO TITLE 17 OF THE

GOLETA MUNICIPAL CODE FOR ELECTRONIC CHANGEABLE COPY
SIGNS

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 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, at the May 3, 2022 hearing, City Councilmembers directed staff to conduct additional research on electronic changeable copy signage and to return to the City Council at a future public hearing to continue the discussion of the topic; and

WHEREAS, by a majority vote on July 19 , 2022 , the City Council adopted Ordinance No. 22-__, which amends various development standards and permit path of Title 17 of the GMC as they relate to electronic changeable copy signs;

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:

6 Ordinance No. 22-__ Title 17 Amendments Page 2
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 . The textual amendments relate to minor revisions to development standards and the permit path for signs using electronic changeable copy and do not alter the previous finding of Title 17 consistency with the General Plan, as presented in Ordinance No. 20 -03, which codified the New Zoning Ordinance as Title 17 of the Goleta Municipal Code.

Specifically, the Ordinance maintains consistency with General Plan policies relating to the protection of public views and amends the associated sections of Title 17 to better align the City’s desire to have fair, responsible, and defensible zoning regulations . Amendments to development standards for electronic changeable copy signs now allow the City more flexibility to condition and mitigate such development.

Finally, a n a mendment to the City’ s Design Review procedures in subsection

17.58.040(B) to add the Design Review Board as the Review Authority for electronic changeable copy signs.

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 Ordinan ce to change the permit process for certain electronic changeable copy signage 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. Any future development that constitutes 7 Ordinance No. 22-__ Title 17 Amendments Page 3
physical changes in the environment will have subsequent CEQA review for those projects.

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.

SECTION 4 Title 17 (Zoning) Ordinance Amendments

Title 17 of the Goleta Municipal Code is hereby amended as specified below.

A. The entirety of Subsection 17.40.060(I) is amended to read as follows:

Changeable Copy. The use of changeable copy on signage is subject to Design Review and may only be permitted in accordance with the following regulations.

1. Electronic Copy. Electronic changeable copy is only allowed in non - residential districts and as follows:

a. Zoning Clearance Required. Electronic copy may be used for the following with Design Review Board approval and issuance of a Zoning Clearance.

i. Replacement of existing manual changeable copy with electronic copy on conforming signs and those subject to Section

17.40.100.

b. Major Conditional Use Permit Required. Electronic copy may be used for the following with approval of a Major Conditional Use Permit.

i. New signage to display fuel prices at gas station service sites.

ii. New signage for indoor theaters to display current and future showings.

iii. New signage for Public/Quasi -Public uses on land with at least 400 feet of continuous street frontage.

c. Development Standards. The following development standards apply to signs using electronic copy.

i. Maximum Number. One per legal lot or permitted use.

ii. Maximum Height. 10 feet.

iii. Maximum Area. Electronic copy can represent no more than 50 percent of the maximum allowable sign area.

8 Ordinance No. 22-__ Title 17 Amendments Page 4
iv. Display Duration. Changes to copy are limited to a maximum of twice per day.

v. Light Color. Light color shall be static and must not give the appearance of animation. No change in light color is permitted without review and approval by the Design Review Board.

vi. Light Intensity. The intensity of the sign lighting may not exceed

0.3 foot-candles over ambient lighting conditions when measured at the nearest property line. All electronic copy must be equipped with a sensor or other device th at automatically determines the ambient illumination and programmed to automatically dim according to ambient light conditions, or that can be adjusted to comply with the 0.3 foot-candle limitation.

B. Section 17.40.100 is amended to add a new subsection (E) to read as follows:

Electronic Changeable Copy. Any and all existing, legally permitted, nonconforming signage structure(s) using manually changeable copy may replace the existing copy with electronic changeable copy only if no structural alterations are made to the existing signage structure(s).

C. Subsection 17.58.040(B)(1) is amended to a dd a new subsection (g) to read as follows:

All signage using electronic changeable copy, including both new signs and existing signage structures replacing manual copy with electronic.

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, o r 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 in 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.

9 Ordinance No. 22-__ Title 17 Amendments Page 5
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.

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
10 Ordinance No. 22-__ Title 17 Amendments Page 6

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

11 Attachment 2

Proposed Ordinance Amendments:

Changes Shown in Strike-Through / Underline

12 Attachment 2
Proposed Ordinance Amendments for Electronic Changeable Copy 1 The following tracked changes are proposed for Section 17.40.060 (General Provisions for All Sign Types) of Title 17 of the Goleta Municipal Code, beginning in subsection (I), titled “Changeable Copy.” These changes will create two distinct permit paths (Zoning Clearance for existing signs and a Conditional Use Permit for new signs) for the use of electronic changeable copy.

I. Changeable Copy. The use of changeable copy on signage is subject to Design Review Board approval and may only be permitted in accordance with the following regulations.

1. Electronic Copy. Electronic changeable copy is only allowed in non- residential districts and as follows:
a. Zoning Clearance Required. Electronic copy may be used for the following with Design Review Board approval and issuance of a Zoning Clearance. i. Replacement of existing manual changeable copy with electronic copy on conforming signs and those subject to Section 17.40.100. ab. Major Conditional Use PermitApproval Required.Location. Electronic copy may only be used for the following with approval of a Major Conditional Use Permit. i. New signage to display F fuel price signs at service and gas station service sites.
ii. New signage for iIndoor theaters to display current and future showings. iii. New signage for Public/Quasi-Public uses on land with at least 400 feet of continuous street frontage.
bc. Development Standards. The following development standards apply to signs using electronic copy.
i. Location. Electronic copy may only be used outside designated Scenic Corridors. ii. b. Maximum Number. One per legal lot or permitted use. ciii. Maximum Height. 10 feet.
diiiv.. Maximum Area. Electronic copy can represent no more than 50 percent of the maximum allowable sign area.
ive. Display Duration. Changes to copy are limited to a maximum of twice per day. vif. Light Color. Light color shall be static and must not give the appearance of animation. No changes in light color is permitted without review and approval by the Design Review Board.
viiig. Light Intensity. The intensity of the sign lighting may not exceed 0.3 foot - candles over ambient lighting conditions when measured at the nearest property line. All electronic copy must be equipped with a sensor or other device that automatically determines the ambient illumination and programmed to automatically dim according to ambient light conditions, or that can be adjusted to comply with the 0.3 foot-candle limitation.

13 Attachment 2
Proposed Ordinance Amendments for Electronic Changeable Copy 2 The following tracked changes are proposed for Section 17.40.100 (Nonconforming Signs) of Title 17 of the Goleta Municipal Code, in order to add a new subsection (E) to create an exception for upgrading existing manually changeable copy with electronic changeable copy.

17.40.100 Nonconforming Signs

A. 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.

B. Continuance and Maintenance. Routine repair and maintenance may be performed on a nonconforming sign provided there is no expansion of nonconformity. Any repair of a damaged nonconforming sign may not exceed 50 percent of the sign area or a cost of $2,000 or more without requiring the entire sign to be brought into conformity with all applicable zoning regulations, unless otherwise specified and allowed as part of this Title.

C. Abandonment of Nonconforming Signs. Whenever a nonconforming sign has been abandoned, or the use of the property associated with the nonconforming sign has been discontinued for a period of 90 consecutive days, the sign shall lose its nonconforming status and associated allowances and must be removed. If not removed, the property owner will be in violation of this Section.

D. Restoration. A nonconforming sign may only be restored if it meets the following criteria:

1. The sign has been recognized by the City as a local Historic Resource or is designated either locally, or by the State as a Historic Landmark or as having Historical Merit. Any repairs and restoration shall be subject to any applicable requirements, restrictions, and/or conditions associated with the historic designation, including any special permitting, CEQA, or Design Review requirements;

2. If damaged by natural causes (e.g., fire, flood, earthquake, etc.) and the damage does not exceed 50 percent of the total sign area, including hardware and attachments, “in-kind” repairs would be exempt from Zoning Permits provided that the repairs are approved by the Building Department within 45 days and completed within 90 days of the date of damage; or

3. If damaged by natural causes (e.g., fire, flood, earthquake, etc.) and the damage exceeds 50 percent of the total sign area, including hardware and attachments, any repairs would be subject to Design Review and approval by the Design Review Board.

E. Electronic Changeable Copy. Any and all existing, legally -permitted, nonconforming signage structure(s) using manually changeable copy may replace the existing copy with electronic changeable copy only if no structural alterations are made to the existing signage structure(s).

The following tracked changes are proposed for Section 17.58.040 (Design Review Actions) of Title 17 of the Goleta Municipal Code, in order to add a new subsection (B)(1)(g) to make the Design Review Board the primary Review Authority for reviewing projects seeking to upgrad e existing manually changeable copy with electronic changeable copy.

17.58.040 Design Review Actions
A. Administrative Review. The Director and shall make decisions to approve, approve with conditions, or deny, the following development:

1. Decks that are 30 inches or more above grade;

2. Swimming pools, hot tubs, and spas that are subject to Section 17.24.190, General Site Regulations – Swimming Pools and Spas, and are otherwise exempt from Zoning Permits;

3. Accessory Dwelling Units; and
14 Attachment 2
Proposed Ordinance Amendments for Electronic Changeable Copy 3 4. Other accessory structures not subject to review by the Design Review Board.

B. Design Review Board.

1. The Design Review Board shall conduct Design Review and make decisions to approve, approve with conditions, or deny the following:
a. All projects for which a building and/or grading permit is required that involve new construction or development, the erection, replacement, or alteration of signage, or changes in landscaping that are not listed as exempt in Section 17.58.020, Design Review – Exemptions;
b. New construction or development that would otherwise be exempt, but is associated with a project previously subject to Design Review;
c. Any project where Design Review Board review is specified by action of the City Council , Planning Commission, or the Director;
d. Projects referred by the Director to the Design Review Board for review; e. Exterior changes to the main structure that result from an additional residential unit in a single-unit home or in a multiple-unit residential building; and f. Applications for permits which, if combined with other permits applied for on the same property within the previous four years, meets the criteria established above to avoid the “piecemeal” review of development.
g. All signage using electronic changeable copy, including both new signs and existing signage structures replacing manual copy with electronic.

2. The Design Review Board must conduct Design Review and make a recommendation to approve, approve with conditions, or deny the following:
a. Development requiring Discretionary Review by the Zoning Administrator, Planning Commission, or City Council.

3. The Design Review Board shall be responsible for Final Design Review for all projects subject to this Chapter.
15 Attachment 3

Environmental Document: [Draft] Notice of Exemption
16 NOTICE OF EXEMPTION (NOE)

1 To: Office of Planning and Research From: City of Goleta P.O. Box 3044, 1400 Tenth St. Rm. 212 130 Cremona Drive, Suite B Sacramento, CA 95812-3044 Goleta, CA 93117

 Clerk of the Board of Supervisors
County of Santa Barbara
105 E. Anapamu Street, Room 407
Santa Barbara, CA 93101

Subject: Filing of Notice of Exemption

Project Title: Title 17 (Zoning) Amendments (Case No. 22-0001-ORD)

Project Applicant: City of Goleta

Project Location (Address and APN): Citywide

Description of Nature, Purpose and Beneficiaries of Project: On March 3, 2020, City Council adopted Title 17 (Zoning) of the Goleta Municipal Code. The proposed ordinance amendments to Title 17 of the Goleta Municipal Code include amendments to the recently adopted Title 17 to make minor changes to permit proce dure and development s tandards relating to electronic changeable copy signage.

Name of Public Agency Approving the Project: City of Goleta

Name of Person or Agency Carrying Out the Project: City of Goleta

Exempt Status: (check one)
 Ministerial (§15268)
 Declared Emergency (§15269 (a))
 Emergency Project (§15269 (b) (c))
 Categorical Exemption: (Insert Type(s) and Section Number(s))  Statutory Exemption: (Insert Type(s) and Section Number(s))  Other: CEQA Guidelines, §15060(c)(3); §15378(b)(5); §15061(b)(3)

Reason(s) why the project is exempt: This Ordinance to change the permit process for certain electronic changeable copy signage is not subject t o the Ca lifornia Environmental Quality Act (CEQA) pursuant to Section 15060 (c)(3) of the CEQA Guidelines ( Title 14 , Chapter 3 of the California Code of Reg ulations) because the acti on is not a pr oject as defined in Section 15378(b)(5) as an organizational or adm inistrative activity by government that will not result in direct or indirect ph ysical changes in the enviro nment. Any future development that constitutes physical changes in the environment will have subsequent CEQA review for those projects.

The Ordi nance 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 ca n be seen with certainty to have no possibility for causing a significant effect on the environment.

City of Goleta Contact Person:

Peter Imhof Director, Planning & Environmental Review Date 17 Attachment 4

Staff Presentation
18 City of Goleta
Public Hearing: Title 17 Ordinance
Amendments –
Signage: Electronic Changeable Copy
City Council Adoption Hearing
Presentation By:

Anne Wells, Advance Planning Manager
J. Ritterbeck, Senior Planner
Andy Newkirk, Senior Planner
July 19, 2022
19 July 19, 2022 2
Title 17 (Zoning) History
April 3, 2020: Title 17 Effective Date
June 22, 2020: Round 1 Revisions at PC
October 6, 2020: Round 1 CC Adoption
June 14, 2021: Round 2 Revisions at PC
September 21, 2021: Round 2 CC Adoption
March 28, 2022: Round 3 Revisions at PC
May 17, 2022: Round 3 CC Adoption
July 2022: Trailed Round 3 ECC Discussion
20 July 19, 2022 3
Public Hearing Agenda
 Suggested Format
•
Staff Presentation
• Councilmember Questions
• Public Comment
• Council Deliberation
• Action on Recommendation
21 July 19, 2022 4
Electronic Changeable Copy
22 Nonconforming ECC
Nonconforming MCC
Conforming ECC
Conforming MCC
No Signage/Pvt Gas
23 24
25 26
27 28
29 30
31 32
33 34
35 36
37 July 19, 2022 20
California Environmental Quality Act
(CEQA)
38 July 19, 2022 21
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)
•
CEQA Guidelines §15061(b)(3) (no possibility for causing a significant
effect on the environment)
39 July 19, 2022 22
Council Deliberation
and Action
40 July 19, 2022 23
Recommendation
Introduce and conduct first reading (by title only) and waive further reading of Ordinance No. 22-__,
entitled “An Ordinance of the City Council of the City
of Goleta, California, Adopting Amendments to Title
17 of the Goleta Municipal Code for Electronic
Changeable Copy Signs”
41

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