Agenda Item B.5
CPMS CONSENT CALENDAR
Meeting Date: September 6, 2022
TO: Mayor and Councilmembers
FROM: Peter Imhof, Planning and Environmental Review Director
CONTACT: Lisa Prasse, Current Planning Manager
Kathy Allen, Supervising Senior Planner
SUBJECT: Second Reading of Proposed Ordinance adopting an Amendment to Development Agreement for SyWest/Goleta Gardens LLC, 907 South Kellogg Avenue, APN 071-190-035; Case No. 22-0003-ORD
RECOMMENDATION:
Conduct second 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, Approving a Development Agreement Amendment to Provide that t he Term of the Development Agreement Must Not Extend Beyond the Date the City Receives a Certified Local Coastal Program or December 31, 2023, Whichever Occurs First; 907 S. Kellogg Avenue; Case No. 22-0003-ORD.”
PROPERTY OWNER/APPLICANT
Goleta Gardens, LLC
c/o Robert Atkinson
150 Pelican Way
San Rafael, CA 94901
BACKGROUND:
On August 16, 2022, the City Council introduced first reading of the Ordinance that would amend the Development Agreement (DA) between the City of Goleta and the applicant, SyWest Development , to incorporate the requirements of the California Coastal Commission regarding the Development Agreement. In late 2020, SyWest Development applied for a DA to grant a license to the City o f Goleta to use a private access road to the San Jose Creek Channel along a part of the subject site in exchange for an extension of the deadline to use the City’s former zoning ordinance (Article 35 Coastal Zoning Ordinance) for the applicant’s pending development proposal (Case No 17-121-DP-DRB) from December 31, 2021 to December 31, 2023 (per Goleta Municipal Code Section
17.01.040 (E) (4)). On May 18, 2021, the City Council adopted Ordinance No. 21 -04 approving the DA in concept pending Coastal Commission action. 1 Meeting Date: September 6, 2022
As the site is located in the Coastal Zone and the City does not have a certified Local Coastal Program, the applicant applied for review and approval of the DA from the California Coastal Commission (CCC) following Council’s action on May 1 8, 2021. The CCC approved the DA on April 6, 2022 with the condition that changes the termination date of the DA as described below.
DISCUSSION:
On August 16, 2022, the City Council introduced the attached DA Amendment Ordinance on first reading (Attachm ent 1), which provides that the term of the D A must not extend beyond the date the City’s Local Coastal Program is certified or December 31, 2023, whichever occurs first.
Exhibit 1 to the City Council Ordinance provides the proposed Amended D A for Goleta Gardens, LLC. As stated above, the purpose of this Amendment is to revise the existing DA that grants a license to the City to use a private access road to the San Jose Creek Channel in exchange for an extension of the deadline to use the City’s former z oning ordinance (Article 35 Coastal Zoning Ordinance) to December 31, 2023 for review of the applicant’s pending development proposal (Case No 17-121-DP-DRB). The Amendment proposes to provide that the term of the Development Agreement must not extend beyond the date the City’s Local Coastal Program is certified. Therefore, the Development Agreement term will be December 31, 2023 or the adoption date of the City’s Local Coastal Program, whichever occurs first.
State law requires ordinances to come before the City Council a second time prior to their adoption. The City Council has the opportunity to adopt the Ordinance at this meeting.
FISCAL IMPACTS:
The review costs associated with this request are the responsibility of the applicant.
ALTERNATIVES:
In light of Council’s introduction of the ordinance on August 16,2022, alternatives include:
1) Amend the ordinance and reintroduce it and/or refer the matter back to the Planning Commission; or
2) Direct staff to return with further information; or
3) Take no action.
Each of these alternatives would prevent adoption at this time.
2 Meeting Date: September 6, 2022
Reviewed By: Legal Review By: Approved By:
___________________ ___________________ _________________ Kristine Schmidt Megan Garibaldi Michelle Greene
Assistant City Manager City Attorney City Manager
ATTACHMENTS:
1. Ordinance to the City Council of the City of Goleta, California, Approving a Development Agreement Amendment to Provide that the Term of the Developme nt Agreement Must Not Extend Beyond the Date the City Receives a Certified Local Coastal Program or December 31, 2023 , Whichever Occurs First; 970 S. Kellogg Avenue; Case No. 22-0003-ORD.
Exhibit 1 - Development Agreement Amendment
Exhibit 2 – Notice of Exemption
3 ATTACHMENT 1
Proposed Ordinance Adopting Goleta Gardens/SyWest
Development Agreement Amendment
4 Council Ordinance No. 22 -____, Goleta Gardens, LLC DA Amendment 1 ORDINANCE 22-______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GOLETA,
CALIFORNIA, APPROV ING A DEVELOPMENT AGREEM ENT
AMENDMENT TO PROVIDE THAT THE TERM OF THE
DEVELOPMENT AGREEMENT MUST NOT E XTEND BEYOND THE
DATE THE CITY RECEIV ES A CERTIFIED LOCAL COASTAL
PROGRAM OR DECEMBER 31, 2023 , WHICHEVER OCCURS
FIRST; 907 S. KELLOGG AVENUE; CASE NO. 22-0003-ORD
WHEREAS, on May 18, 2021, the City Council approved a Development Agreement with Goleta Gardens LLC to grant the City a license to use a private access road to the San Jose Creek Channel in exchange for the City’s extension of the deadline to use the City’s former zoning ordinance (Article 35 Coastal Zoning Ordinance) to December 31, 2023 for review of the applicant’s pending development proposal at 907 S.
Kellogg Avenue (Case No 17-121-DP-DRB); and
WHEREAS the California Coastal Commission approved the Development Agreement with a condition that the term of the Development Agreement, currently set at December 31, 2023, must not extend beyond the date the Coastal Commission certifies the City’s Local Coastal Program. Therefore, the Development Agreement term will be December 31, 2023, or the adoption date of the City’s Lo cal Coastal Program. The applicant’s application to amend the Development Agreement implements the Coastal Commission’s condition; and
WHEREAS an application for a Development Agreement Amendment was filed on June 13, 2022, by Robert Atkinson/SyWest Deve lopment on behalf of Goleta Gardens LLC, owner of 907 S. Kellogg Avenue (Assessor Parcel Number 071 -190-035), as demonstrated by a preliminary title report dated June 1, 2022; and
WHEREAS Government Code Sections 65684 et seq. recognize an efficiency for development projects to rely on existing policies, rules and regulations, while also recognizing that development agreements can facilitate the provision of public facilities as part of new development; and
WHEREAS Government Code Sections 65865 et seq. authorize local agencies to enter into Development Agreements with persons having legal or equitable development interests in real property located within that jurisdiction and provide guidance for adoption of development agreements by local agencies; and
WHEREAS Chapter 17.65 of the Goleta Municipal Code establishes the process and findings for Development Agreements proposed within the City of Goleta; and
WHEREAS, on July 25, 2022 , the Planning Commission conducted a notice d public hearing on the Goleta Gardens LLC Development Agreement Amendment request, 5 Council Ordinance No. 22 -____, Goleta Gardens, LLC DA Amendment 2 at which time all interested persons were given an opportunity to be heard.
WHEREAS, on July 25, 2022 , the Planning Commission recommended the City Council approve the Dev elopment Agreement Amendment on a 4-0 vote (1 absence); and
WHEREAS, on July 29, 2022, the site was posted for the August 16, 2022, City Council meeting by the applicant (a minimum of 15 days prior to the City Council meeting);
WHEREAS, on August 4, 2022, notice of the public hearing was published in the Santa Barbara Independent and notices were mailed to owners and occupants within 500 feet of the project site; and
WHEREAS, on August 16, 2022, the City Council conducted a duly notice public hearing on the Development Agreement Amendment, at which time all interested persons were given an opportunity to be heard; and
WHEREAS the City Council considered the entire administrative record, including the staff report, the Draft Development Agreement Amendment and oral and written testimony from interested persons;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GOLETA AS FOLLOWS:
SECTION 1. Findings of Facts . The City Council hereby finds and determines that the foregoing recitals, which are incorporated herein by reference, are true and correct.
SECTION 2. Development Agreement Findings. Pursuant to Goleta Zoning Ordinance Section 17.65.040 (C), the following findings of consistency can be made for adoption of the Development Agreement Amendment:
A. The Development Agreement Amendment is consistent with the goals, objectives, policies, general land uses, and programs specified in the General Plan and any applicable Specific Plan.
The Development Agreement facilitates the ability of the City of Goleta and other local agencies to access and maintain the lower San Jose Creek Channel, a major flood control channel and public works project called out to be completed in the City’s General Plan, consistent with the City of Goleta General Plan, Conservation Element policies 1.10, 2.5, and 2.6. The Amendment would simply change the wording of the termination clause to either be at the time the Local Coastal Program is certified by the California Coastal Commission or December 31, 2023 , whichever occurs first.
This clarification on timing does not change the Development Agreement’s consistency with the goals, objectives, and policies of the General Plan.
6 Council Ordinance No. 22 -____, Goleta Gardens, LLC DA Amendment 3 B. The Development Agreement Amendment is or will be compatible with the uses authorized in this Title, the district, and any applicable Specific Plan in which the property is located.
The Amendment does not affect the uses allowed or conditional allowed as provided for in the applicable Service Industrial (I -S) land use designations. Further, the purpose of the Amendment is to clarify the duration of the term of the Development Agreement to terminate either on the date the California Coastal Commission certifies the City of Goleta’s Local Coastal Program or December 31, 2023, whichever occurs first.
C. The Development Agreement Amendment will provide substantial public benefits.
The DA Amendment does not change the previously identified public benefits as adopted in Ordinance 21-04. The DA grants an easement by Goleta Gardens LLC to allow the City to access the San Jose Creek Channel. The City and Flood Control District would be able maintain the creek channel and provide flood protection to the surrounding properties and area. As stated, the purpose of the Amendment is to clarify that the term of the Development Agreement either terminates on the date the California Coastal Commission certifies the City of Goleta’ Local Coastal Program or December 31, 2023, whichever occurs first.
D. The Development Agreement Amendment will be non-detrimental to the public health, safety and general welfare of persons residing or working in the ne ighborhood, and to property and improvements in the neighborhood.
The DA Amendment does not pose public health, safety and general welfare concerns to the surrounding neighborhood or residents near the project site in that it only authorizes the time for the review of the proposed development application using the previous zoning standards and process.
E. The Development Agreement Amendment complies with the provisions for the implementation of the California Environmental Quality Act.
The DA Amendment complies with the provisions for implementation of the California Environmental Quality Act (CEQA) and can be found exempt per CEQA Guidelines 15061(b)(3). The DA Amendment does not involve physical development of the property at issue, nor does it approve the underlying development project, which will undergo its own process under CEQA and be subject to the full entitlement process under the City’s zoning regulations.
SECTION 3. Environmental Assessment for the Project. The City Council makes the following environmental findings:
A. The Development Agreement Amendment was analyzed for its potential 7 Council Ordinance No. 22 -____, Goleta Gardens, LLC DA Amendment 4 environmental impacts and is exempt pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.; “CEQA”) and CEQA Guidelines (14 Cal. Code Regs. Sections 15000 et seq.). Specifically, the project is categorically exempt from environmental review pursuant to the following CEQA Guidelines: no possibility of significant effect [Section 15 061 (b)(3)]; the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment [Section 15060(c)(2)].
B. There is substantial evidence in the record showing that the Exemption is appropriate for the Development Agreement Amendment.
C. A Notice of Exemption was prepared in full compliance with CEQA.
SECTION 4. Actions. The City Council take the following actions:
A. Approve the Development Agreement Amendment by and between the City of Goleta and Goleta Gardens, LLC for the property located at 907 S Kellogg provided as Exhibit 1 to this Ordinance based on the findings provided in Sections 1-4 above.
B. Direct staff to file the Notice of Exemption (NOE) within five (5) business days after Council action.
SECTION 5. Reliance on Record. Each and every one of the findings and determinations in this Ordinance is based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the Development Agreement Amendment. The findi ngs and determinations constitute the independent findings and determinations of the City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole.
SECTION 6. Repeals. To the extent any provision of this Ordinance repeals or supersedes any previous approvals, such repeal or replacement will not affect any penalty, forfeiture, or liability incurred before, or precluded prosecution and imposition of penalties for any violation occurring before this Ordi nance’s effective date. Any such repeal 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 7. Limitations. The City Council’s analysis and evaluation of the Development Agreement Amendment are based on the best information currently available. It is inevitable that , in evaluating a project , absolute and perfect knowledge of all possible aspects of the project will not e xist. One of the major limitations on analysis of the Development Agreement and Project is the City Council’s lack of knowledge of future events. In all instances, best efforts have been made to form accurate assumptions.
SECTION 8. Summaries of Informat ion. All summaries of information in the findings, which precede this section, are based on the substantial evidence in the record. The 8 Council Ordinance No. 22 -____, Goleta Gardens, LLC DA Amendment 5 absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact.
SECTION 9. 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 10. Mailing to Applicant. The City Clerk is directed to mail a copy of this Ordinance to Goleta Gardens LLC and to any other person requesting a copy.
SECTION 11. Certification of City Clerk. The City Clerk shall certify to the passage and adoption of this ordinance and, within 15 days after its adoption, shall cause it to be published in accord with California Law.
SECTION 12. Effective Date. This ordinance shall take effect on the 31 st 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
9 Council Ordinance No. 22 -____, Goleta Gardens, LLC DA Amendment 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
10 EXHIBIT 1, ATTACHMENT 1
Development Agreement Amendment
11 24013844.1
1 AMENDMENT TO DEVELOPMENT AGREEMENT BY AND BETWEEN
CITY OF GOLETA
AND
GOLETA GARDENS LLC
THIS AMENDMENT (“Amendment”) by and between the CITY OF GOLETA, a municipal corporation (the “City”), and GOLETA GARDENS LLC, a California limited liability corporation (“Goleta Gardens” or “Owner”) (together “Parties”) to the DEVELOPMENT AGREEMENT between the Parties which was approved by the City Council on May 18, 2021 (“Original Development Agreement”).
RECITALS
A. Goleta Gardens is the owner of a 11.71 -acre parcel of real property designated as APN 071-191-035-00 and located at 907 S. Kellogg Avenue in the Ci ty of Goleta, California (“Property”). A legal description of the Property is attached hereto as Exhibit A.
B. The City Council approved the Original Development Agreement on May 18, 2021.
C. Since the City does not have a certified local coastal program, pursuant to California Government Code Section 65869 , and the Property is located in the Coastal Zone, the California Coastal Commission must approve the Development Agreement.
Goleta Gardens applied for such approval and the Coastal Commission held a hearing on April 6, 2022 and approved the Original Development Agreement subject to one special conditions.
D. The Coastal Commission special conditions provides that: “ The applicant shall submit to the Executive Director, for review and approval, a Revised De velopment Agreement or Development Agreement Amendment, approved by the City of Goleta (“City”), consistent with the following: (1) The Revised or Amended Development Agreement shall include the following provision: The Owner acknowledges and agrees that this Agreement pertains to local planning documents only and does not constitute approval of standards to be utilized for processing a coastal development permit application for any existing or future development of the subject site, that a coastal development permit is required to be obtained from the Coastal Commission under Section 30600 of the Coastal Act for any proposed development of the subject site, and the standard of review shall be the Chapter 3 policies of the Coastal Act. (2) Section 7.01 Term shall be amended to include the following provision: This agreement, including any extensions, shall terminate no later than the date that a coastal land use plan for the City is effectively certified by the Coastal Commission.” The Coastal Commission also found that the Owner shall not execute the Amendment “until such document has been approved by the Executive Director.” 12 24013844.1
2 E. The Parties seek to enter this Amendment to satisfy the special conditions approved by the Coastal Commission on April 6, 2022.
F. The terms and conditions of this Amendment have been found by the City to be fair, just and reasonable.
G. The public health, safety and welfare of the citizens of the City will be served by entering into this Amendment by virtue of the Owner’s commitment to license the City’s and SBFCD’s use of the Creek Access Road during the term of the Original Development Agreement (as amended in this Amendment) and a conditional commitment to convey an easement to the City and SBFCD.
H. This Amendment will bind future City Councils to the terms and obligations specified in this Amendment and limit, to the degree specified in this Amendment, the future exercise of the City's ability to regulate development on the Property.
I. This Amendment will serve to implement the policies, objectives, and standards of the elements of the City of Goleta General Plan and is consistent with the General Plan.
J. This Amendment and the consent of Owner and City to each of its terms and conditions will eliminate uncertainty in planning and provide for the orderly development of the Property and generally serve the public interest.
K. On July 8, 2022 , the si te was posted for the July 25, 2022, Planning Commission meeting by the applicant (a minimum of 15 day prior to the Planning Commission meeting);
L. On July 14, 2022, notice of the public hearing was published in the Santa Barbara Independent and notices were mailed to owners and occupants within 500 feet of the project site;and
M. On July 25, 2022, the Planning Commission conducted a public meeting on the Goleta Gardens LLC Development Agreement, at which time all interested persons were given an opportunity to be heard; and
N. On July 25, 2022, the Planning Commission considered the entire administrative record, including the staff report, the Draft Amendment to the Original Development Agreement and oral and written testimony from interested persons.
13 24013844.1
3 AMENDMENT TO ORIGINAL DEVELOPMENT AGREEMENT
NOW THEREFORE, in consideration of the above recitals, the mutual covenants and conditions herein contained, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agrees as follows:
SECTION 1. DEFINITIONS
For purposes of this Amendment, except as otherwise expressly provided or unless the context otherwise requires:
a) "Original Development Agreement" means this Development Agreement by and between the City and Owner.
b) "Approval Date " means the date on which the Approval Ordinance for the Amendment is adopted by the City Council.
c) "Approval Ordinance" means Ordinance No. ______, adopted by the City Council of the City on _________, approving this Amendment.
d) "CEQA" means the California Environmental Quality Act, Section 21000, et seq., of the California Public Resources Code.
e) "City" means the City of Goleta, California.
f) "City Council" means the City Council of the City of Goleta. g) "Code" means the Municipal Code of the City of Goleta. h) "Commencement Date" means that date which is 30 days following the Approval Date, provided, however, (i) if the Approval Ordinance is made the subject of a referendum, the Commencement Date shall be the date when the r eferendum proceedings have been concluded by any process which results in the Approval Ordinance, and (ii) if litigation challenging the validity of the Original Development Agreement (with the Amendment) and/or environmental review pursuant to CEQA should be brought after the Approval Date, the Commencement Date shall be the date such litigation is concluded in a manner that permits the commencement or continuation of the parties' rights and obligations under the Original Development Agreement
i) "Development Agreement Act " means Section 65864 et seq., of the California Government Code.
j) "Owner" means Goleta Gardens LLC, a California limited liability corporation and each of its respective successors and assigns to all or any portion of the Property during such time as such portion is subject to the Original Development Agreement.
Goleta Gardens represents that it is the legal owner of the entire Property as of the date of adoption of the Approval Ordinance.
14 24013844.1
4 k) "Term" means the term of the Original Development Agreement, as amended in this Amendment.
l) "Zoning Ordinance" means the comprehensive Zoning Ordinance of the City, found in Title 17 of the Code of the City of Goleta as it exists on the Approval Date.
SECTION 2. AMENDMENT TO ORIGINAL DEVELOPMENT AGREEMENT TO
IMPLEMENT SPECIAL CONDITIONS
(1) Section 2 is amended to add the following language: “ The Owner acknowledges and agrees that the Original Development Agreement and this Amendment pertains to local planning documents only and does not constitute approval of standards to be utilized for processing a coastal development permit application for any existing or future development of the subject site, that a coastal development permit is required to be obtained from the Coastal Commission under Section 30600 of the Coastal Act for any proposed development of the subject site, and the standard of review shall be the Chapter 3 policies of the Coastal Act.” (2) Section 7.01 of the Original Development Agreement shall be amended to read in its entirety: “Term. This Agreement shall terminate on December 31, 2023, except to the extent that (i) it has been extended by written instrument executed by the Parties, or (ii) the “Commencement Date” has been delayed as a result of referendum proceedings or litigation as set forth in Section 1(h). This Agreement, including any extensions, shall terminate no later than the date that a coastal land use plan for the City is effectively certified by the Coastal Commission.” IN WITNESS WHEREOF, the parties have each executed this Amendment on the date first written above.
(signatures on next page)
15 24013844.1
5 CITY OF GOLETA
By:
ATTEST
By:
City Clerk
APPROVED AS TO FORM:
By:
City Attorney
OWNER
By:
By:
(Title)
16 24013844.1
6 EXHIBIT “A”
PROPERTY LEGAL DESCRIPTION
Legal Description FOR APN/Parcel ID(s): 071-190-035
Parcel "B" of Parcel Map No. 11950, in the City of Goleta, County of Santa Barbara, State of California, in Book 13, Page 58 of Parcel Maps, in the Office of The County Recorder of said County
17 EXHIBIT 2, ATTACHMENT 1
Notice of Exemption
18 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:
Goleta Gardens LLC Development Agreement Amendment
Case No. 22- 0003-ORD
Project Applicant:
Goleta Gardens LLC
Project Location (Address and APN):
907 S. Kellogg Avenue
Goleta, CA 93117
County of Santa Barbara
APN 071-190-035
Description of Nature, Purpose and Beneficiaries of Project:
The Goleta Gardens LLC (SyWest as agent) is requesting approval to amend an existing Development Agreement that grants a license to the C ity to use a private access road to the San Jose Creek Channel in exchange for an extension of the deadline to use the City’s former zoning ordinance (Article 35 Coastal Zoning Ordinance) to December 31, 2023 for review of the applicant’s pending development proposal (Case No 17-121-DP-DRB). The proposed amendment implements a condition from the California Coastal Commission to provide that the term of the Development Agreement must not extend beyond the date the Coastal Commission certifies the City ’s Local Coastal Program . Therefore, the Development Agreement term will be December 31, 2023 or the adoption date of the City’s Local Coastal Program, whichever occurs first.
The beneficiaries of the projects are the property owner and the City of Goleta.
Name of Public Agency Approving the Project:
Goleta City Council
Name of Person or Agency Carrying Out the Project:
Goleta Gardens LLC
19 NOTICE OF EXEMPTION (NOE)
2 Exempt Status: (check one)
Ministerial (Sec. 15268)
Declared Emergency (Sec. 15269 )
Emergency Project (Sec. 15269)
Categorical Exemption/Other: §15061.B.3 & §15060.C.2
Reason(s) why the project is exempt:
Pursuant to the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code §§ 21000 et seq.), the regulations promulgated thereunder (14 Cal. Code of Regulations §§ 15000 et seq.), and the City’s Environmental Review Guidelines, the project has been found to be exempt from CEQA and a Notice of Exemption is proposed.
The City of Goleta is acting as the Lead Agency for this project.
The Development Agreement Amendment complies with the provisions for implementation of the California Environmental Quality Act (CEQA) and can be found exempt per CEQA Guidelines 15061(b)(3). The Development Agreement Amendment does not involve physical development of the property nor does it approve the underlying project (Case No. 17- 121- DP-DRB), which will undergo its own process under CEQA and be subject to the full entitlement process under the City’s zoning regulations. Therefore, the Development Agreement Amendment is categorically exempt from environmental review pursuant to CEQA guidelines: no possibility of significant effect [Section 15061(b)(3); and the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment [Section 15060(c)(2)].
City of Goleta Contact Person, Telephone Number, and Email:
Kathy Allen, Supervising Senior
Planner (805) 961-7545,
[email protected]
________________________________________________________________________ Name Title Date
If filed by the applicant:
1. Attach certified document of exemption finding
2. Has a Notice of Exemption been filed by the public agency approving the project?
Yes No
Date received for filing at OPR:
Note: Authority cited: Section 21083 and 211110, Public Resources Code Reference: Sections 21108, 21152.1, Public Resources Code 20