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Amendment to Chapter 2.17 of the Goleta Municipal Code regarding membership composition of the Historic Preservation Commission

Goleta City Council
May 16, 2023

Document
Amendment to Chapter 2.17 of the Goleta Municipal Code regarding membership composition of the Historic Preservation Commission
Meeting
May 16, 2023
Body
Goleta City Council
Pages
2
Original file
1.0 MB
Text extracted from the city's file for reading and search. Open the original on goleta.legistar1.com. That file is the official record.

Agenda Item A.2

CPMS CONSENT CALENDAR
Meeting Date: May 16, 2023

TO: Mayor and Councilmembers

FROM: Deborah S. Lopez, City Clerk

SUBJECT: Amendment to Chapter 2.17 of the Goleta Municipal Code r egarding membership composition of the Historic Preservation Commission and Determination that the ordinance is exempt from t he California Environmental Quality Act

RECOMMENDATION:

Conduct second reading (by title only, waiving further reading) and adopt Ordinance No. 23-__ entitled “ An Ordinance of the City Council of the City of Goleta, California, Amending Chapter 2.17 regarding the number of Historic Preservation Commission members and finding the Ordinance to be exempt from the California Environmental Quality Act”.

BACKGROUND/DISCUSSION:

In September of 2022, the City recruited for HPC members and received many applications from very qualified community members whose personal or professional interests and expertise included architecture, history, archaeology, architectural history, local Chumash heritage , etc. The City Council members were very impressed with the candidates and in December 2022 appointed five community members that represented the diversity of expertise and p rofessional knowledge as stated in Chapter 2.17.

However, as the City Council selected the HPC members, the residency status of the applicants was overlooked. As a result, the composition of the HPC currently includes only two residents, instead of three, which is not in keeping with Section 2.17.050(B) , which requires a majority of the membership to be City residents.

On May 2, 2023 , the City Council introduced and conducted the first reading of an Ordinance that would amend Chapter 2.17, to increase the membership number from five to seven members. The ordinance would allow for the appointment of two new members who are residents of Goleta. With the appointment of two more residents in addition to the two existing members who are Goleta residents, the Commission composition would meet existing Goleta Municipal Code section 2.17.050(B).

1 Meeting Date: May 16, 2023

Page 2 of 2 ends

DISCUSSION:

The City Council now has the opportunity to conduct the second reading and adopt the Amendment to Chapter 2.17 , which would then become effective on the thirty-first day after adoption.

Staff will return for ratification of the two additional Mayor appointments to the Historic Preservation Commission at June 2023 City Council meeting.

CALIFORNIA ENVIRONMENTAL QUALITY ACT

Pursuant to CEQA Guidelines Sections 15061(b)(3) and 15378(b)(5), the proposed Ordinance does not qualify as a "project" for the purposes of CEQA because the Ordinance does not result in direct or indirect physical changes in the environment. The amendment proposed does not have the potential to cause a significant effect on the environment as the membership composition of the Historic Preservation Commission will not lead to development. As such, the proposed Ordinance is exempt from CEQA review.

The draft Notice of Exemption is provided as Attachment 2 and if adopted would be filed with the Santa Barbara County Clerk of the Board following second reading of the Ordinance.

FISCAL IMPACTS:

Adoption of the Ordinance would increase the costs associated with the Historic Preservation Commission by $100 per meeting . This is approximately $1 ,200 per year.

An additional appropriation of $1,200 would be needed for account number 101-40-4400- 4005.

Reviewed By: Legal Review By: Approved By:

___________________ ___________________ _________________ Kristine Schmidt Megan Garibaldi Robert Nisbet
Assistant City Manager City Attorney City Manager

ATTACHMENTS:

1. An Ordinance of the City Council of the City of Goleta, California, Amending Chapter 2.17 regarding the number of Historic Preservation Commission members and finding the amendment to be exempt from the California Environmental Quality Act

2. Notice of Exemption
2 ATTACHMENT 1:

An Ordinance of the City Council of the City of Goleta, California, Amending Chapter 2.17 regarding the number of Historic Preservation Commission members and finding the amendment to be exempt from the California Environmental Quality Act

3 ORDINANCE NO. 23-______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GOLETA, CALIFORNIA, A MENDING CHAPTER 2.1 7

REGARDING THE NUMBER OF HISTORIC PRESERVATION

COMMISSION MEMBER S AND FINDING THE ORDINANCE TO

BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT
WHEREAS California Government Code Section s 65850 and 37361 enable city legislative bodies to provide for “the protection, enhancement; perpetuation, or use of places, sites, buildings, structures, works of art, and other objects having a specia l character or special historical or aesthetic interest or value”; and
WHEREAS historic and cultural resources are important to the City of Goleta as encapsulated within the Visual and Historic Resources Element of the City’s General Plan/Coastal Land Use Plan; and
WHEREAS the City Council adopted Ordinance 22-10 that established the Historic Preservation Commission , codified as Chapter 2.17 of the Goleta Municipal Code , and adopted regulations regard Historic Resources and Archaeological and Tribal Cultura l Resources, codified as Chapters 17.33 and

17.43 respectively of the Goleta Municipal Code, on April 19, 2022; and WHEREAS Chapter 2.17 of the Goleta Municipal Code outlines among other topics, the purpose of Historic Preservation Commission , the number of members, qualification of members, commission responsibilities, and organization of the Historic Preservation Commission; and WHEREAS Section 2.17.050 (A) requires that the Historic Preservation Commission be composed of professional and lay members wit h demonstrated interest, competence, or knowledge in historic preservation. Historic Preservation Commission members may be appointed from among the disciplines of architecture, history, architectural history, planning, archaeology, or other related disciplines, such as American studies, landscape architecture, cultural geography, or cultural anthropology, to the extent that such professionals are available in the community. Historic Preservation Commission membership may also include lay members who have d emonstrated special interest/expertise, competence, experience, or knowledge of Goleta history and historic preservation, and/or are members of local Chumash tribal group(s); and WHEREAS a need has been identified to adjust the number of the Historic Preservation Commission er given the unique qualifications outlined in Section

2.17.050(A) to ensure that the Commission make up reflects the requirements of Section 2.17.050(A) and (B).
4 Ordinance No. 23- ___ Amendment to Chapter 2.17 Ordinance (HPC number) 2

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GOLETA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Recitals Incorporated

The City Council hereby finds and determines that the foregoing recitals, which are incorporated herein by reference, are true and correct.

SECTION 2. Environmental Assessment

Pursuant to Public Resource s Code Section 21083.3 and California Environmental Quality Act (CEQA) Guidelines Sections 15061(b)(3) and 15378(b)(5), the proposed Ordinance does not qualify as a "project" for the purposes of CEQA because the Ordinance does not result in direct or indir ect physical changes in the environment. The Ordinance proposed do es not, by itself, have the potential to have a significant effect on the environment. Any subsequent development project will be separately examined in accordance with CEQA. As such, the proposed Ordinance is exempt from CEQA review.

SECTION 3. Action

Based on the findings above, the City Council takes the following actions:

A. Section 2.17.030 of the Goleta Municipal Code , shall be amended to read in its entirety as follows:

2.17.030 Members. The Historic Preservation Commission shall consist of seven members.

B. Directs staff to file a Notice of Exemption within five business days following second reading of the ordinance.

SECTION 4. Effect of Amendment

To the extent any provision of this Ordinance repeals, amends, or supersedes any previous approvals, such repeal or replacement will not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring befo re, this Ordinance’s effective date. Any 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 5. Severability

5 Ordinance No. 23- ___ Amendment to Chapter 2.17 Ordinance (HPC number) 3 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 6. Codification

The City Clerk shall cause these amendments to be appropriately renumbered and codified in Title 2 of the Goleta Municipal Code on the effective date of this Ordinance.

SECTION 7. 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 8. Effective Date

This ordinance shall take effect on the 31 st day following adoption by the City Council.

INTRODUCED ON the ___ day of ________, 2023.

PASSED, APPROVED, AND ADOPTED this ________day of ______ 2023.

_________________________

PAULA PEROTTE
MAYOR

ATTEST: APPROVED AS TO FORM:

__________________________ _________________________
DEBORAH S. LOPEZ MEGAN GARIBALDI

CITY CLERK CITY ATTORNEY
6 Ordinance No. 23- ___ Amendment to Chapter 2.17 Ordinance (HPC number) 4

STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA ) ss.

CITY OF GOLETA )

I, DEBORAH S. LOPEZ, City Clerk of the City of Goleta, Califo rnia, do hereby certify that the foregoing Ordinance No. 2 3-__ 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

7 ATTACHMENT 2

Notice of Exemption

8 1
November 2022

NOTICE OF EXEMPTION (NOE)

To: Office of Planning and Research From: City of Goleta P.O. Box 3044, Room 212 130 Cremona Drive
Sacramento CA 95812-03044 Goleta CA 93117

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

Project Title:

Amendment to Chapter 2.17 of the Goleta Municipal Code regarding the composition of Goleta Historic Preservation Commission.

Project Applicant
City of Goleta

Project Location:

Address: N/A – City Wide
City: Goleta CA 93117
County: Santa Barbara
APN: N/A - City Wide

Description of Nature, Purpose, and Beneficiaries of the Project:

Beneficiaries of the Project are the citizens of Goleta.

Name of Public Agency Approving the Project: Goleta City Council

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

Exempt Status: (check one)
 Ministerial (Section 15268):
 Declared Emergency (Section. 15269(a):
 Emergency Project (Section 15269(b) (c):
 Categorical Exemption: State the type and Section number:
√ Other: Section 15061 (b) (3)

9 2
November 2022

Reason(s) why the project is exempt:

Pursuant to CEQA Guidelines Sec tions 15061(b)(3) and 15378(b)(5), the proposed Ordinance does not qualify as a "project" for the purposes of CEQA because the Ordinance does not result in direct or indirect physical changes in the environment. The amendment proposed does not have the pot ential to cause a significant effect on the environment as the membership composition of the Historic Preservation Commission will not lead to development. As such, the proposed Ordinance is exempt from CEQA review.

City of Goleta Contact Person, Telephone Number, and email:

Lisa Prasse, AICP, Current Planning Manager; 805-961-7542; [email protected]

Name Title Date

If filed by the applicant:

Attached certified document of exemption finding.

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 21110, Public Resources Code Reference Section 21108, 21152, and 21152.1, Public Resources Code

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