Goleta City Council
May 16, 2023

Agenda Item B.1

CPMS PUBLIC HEARING
Meeting Date: May 16, 2023

TO: Mayor and Councilmembers

FROM: Peter T. Imhof, Planning and Environmental Review Director

CONTACT: Anne Wells, Advance Planning Manager
Andy Newkirk, Senior Planner

SUBJECT: Consideration of Title 17 (Zoning) Amendments Ordinance and Determination that the Ordinance is Exempt from the California Environmental Quality Act

RECOMMENDATION:

Introduce and conduct first reading (by title only) and waive further reading of Ordinance No. 23-__, entitled “An Ordinance of the City Council of the City of Goleta, California, Adopting Various Amendments to Title 17 of the Goleta Municipal Code and Finding the Amendments to be Exempt from the California Environmental Quality Act.”

BACKGROUND:

On March 3, 2020, the 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 three rounds of amendments to Title 17 to address “clean-up” items, including necessary revisions related to changes in State law and to clarify various provisions in the Title. The first of these amendments to Title 17 were adopted by the City Co uncil on October 6, 2020, via Ordinance No. 20 -09. A second set of amendments were adopted on September 21, 2021, via Ordinance No. 21 -07. A third set of amendments were adopted on May 17, 2022, via Ordinance No. 22-06.

Since that time, staff has continued to track implementation of Title 17 and has identified additional amendments needed to (1) address potential inconsistencies with State law (2) implement the recently adopted Housing Element 2023-2031, (3) better clarify the intent and application of Tit le 17 development standards based upon issues raised during review of development applications, and (4) correct typographical errors and ambiguities in the Title. The proposed amendments were presented to the Planning Commission at a public hearing on April 24, 2023. At that hearing, the Planning Commission recommended to the City Council adoption of the amendments with no changes.

1 Meeting Date: May 16, 2023

DISCUSSION:

The amendments are now presented to the City Council in a draft ordinance (Proposed Ordinance) that is included as Attachment 1 to the staff report. The amendments in the Proposed Ordinance are in a “clean” format, meaning they do not show the actual proposed changes to the adopted regulations of Title 17. For ease of understanding these proposed changes, a table of proposed amendments showing tracked changes from the currently adopted regulations of Title 17 is provided as Attachment 2. Below is a summary of the proposed amendments by topic area.

State Law Consistency

Below is a summary of amendments needed to ens ure Title 17 complies with and implements requirements of State law.

Electrical Vehicle Charging Stations

The City recently update d the Electrical Vehicle (EV) Charging Stations regulations in Section 17.24.220 to align with Government Code Section 65850.7. However, two additional minor revisions are needed to fully align with State law. The first is to change the required permit, where the City has permit authority, from a Zoning Clearance to a Land Use Permit. This change is needed because, under State law, any permit issued for an EV Charging Station must be appealable to the Planning Commission. A Zoning Clearance is non -appealable while a Land Use Permit is directly appealable to the Planning Commission. The second revision relates to the finding for a denial of an EV Charging Station. If the City denies the application, the finding needs to include a finding made explicitly by the Building Official. Reference to the Building Official in the denial finding subsection has been added in the Proposed Ordinance to ensure that City provides this necessary documentation in case of a denial. (See Section 4(T) of the Proposed Ordinance.)

Hydrogen Fueling Stations

In addition to EV charging stations, Government Code Section 65850.7 now also regulates Hydrogen Fueling Stations as a result of Senate Bill 1291 (2022). Hydrogen Fueling Stations are essentially a commercial use akin to gas stations. The Proposed Ordinance includes new specific use standards in Section 17.41 (Subsection 17.41.270, Hydrogen Fueling Stations) for this use, with limited processing requirements similar to EV Charging Stations. One significant difference is locational requirements. The City need only allow Hydrogen Fueling Stations on (1) parcels zoned for industrial or commercial development that do not contain residential units and (2) parcels previously developed with a service station. This locational requirement is included in a new subsection 17.41.270(C). A new use definition is included in Chapter 17.72 and the use has also been added to the use tables, where appropriate, in Part II of Title 17 as part of the Proposed Ordinance. (See Sections 4(G)(4), 4(I)(5), 4(K)(1), 4(EE), and 4(AAA)(1) of the Proposed Ordinance.)

2 Meeting Date: May 16, 2023

Solar Energy Systems

Similar to EV Charging Stations and Hyd rogen Fueling Stations, State law significantly limits local review of Solar Energy Systems. State regulations for Solar Energy Systems can be found in Government Code Section 65850.5. Existing City zoning standards for Solar Energy Systems are found in Se ction 17.24.180. However, these standards need to be updated to mirror the processing requirements of EV Charging Stations in Section

17.24.220, as amended and described above. These processing requirements include limited review and only when the Building Official finds that the Solar Energy System may have a specific adverse impact upon the public health or safety. (See Section 4(R) of the Proposed Ordinance.)

No Net Loss Finding

Under State law (Government Code Section 65863(b)(2)), the City needs to m ake a specific finding anytime development is approved on a site listed in the City’s Housing Element sites inventory that includes fewer residential units than assumed for that site in the sites inventory. This finding must include an analysis as to wheth er the remaining sites in the City’s sites inventory are adequate to meet the City’s Regional Housing Needs Allocation (RHNA) for the planning period. The Proposed Ordinance includes the requirement for this finding, in a new subsection 17.71.020, to ensur e that this required finding is included in any development approval when required under State law. (See Section 4(YY) of the Proposed Ordinance.)

Housing Element Implementation

Below is a summary of amendments needed to implement various programs within the City’s recently adopted Housing Element 2023-2031.

Density Calculation Methodology

Housing Element subprogram HE 2.1(e) obligates the City to support greater residential density on parcels zoned for residential uses through amendments to change the residential density standards methodology from applying to the net lot area to the gross lot area. Currently in Title 17, net lot area means total lot area less all areas of public rights-of-way, public easements, floodplains, environmentally sensitive areas, and areas with archaeological or cultural resources (see Section 17.03.060). The Housing Element identified this methodology as a constraint because the methodology could significantly reduce the housing potential on a site, even if the constraints are addressed. An example to illustrate this issue: If there is a 1 -acre site that is zoned for 20 units per acre, but 0.5 acres are environmentally sensitive habitat areas (ESHA) and ESHA buffer, that leaves

0.5 acres to develop within. With the current net lot area methodology for density, the site could only develop 10 total units (on the half acre that is developable). Using a total (gross) lot area, the site could be developed with 20 total units. Note that under a total lot area allowance, the 20 units would still need to be outside the ESHA and ESHA buffer, thus protecting the resource. Howe ver, in the non -constrained, 0.5-acre portion of the 3 Meeting Date: May 16, 2023

site, the developer would have the ability to increase the number of units if all other development standards are adhered to (such as setbacks and heights).

To facilitate the change from net lot area to total lot area, the Proposed Ordinance includes an amendment to Section 17.03.060 to change the dwelling unit density methodology from the use of “net lot area” to “lot area.” In Title 17, “Lot Area” is defined as “[t]he calculated area of a lot as measured horizontally between all bounding lot lines,” or essentially, the gross lot area. (See Section 4(A) of the Proposed Ordinance.)

As noted in Housing Element subprogram HE 2.1(e), staff needed to also consider the need for a possible amendment to Land Us e Element subpolicy LU 2.2 to effectuate the amendment to Title 17 described above. However, based on a further review of LU 2.2, staff believe such an amendment is not needed. LU 2.2 details various “constraints” that the “[d]ensity of development allowed on any site shall reflect.” LU 2.2 does not explicitly state that the consideration of these constraints necessitates a “net” lot area approach to density and includes constraints that cannot directly be linked to a density calculation methodology and were therefore not included in the Title 17 definition of “Net Lot Area.” Additionally, even with a change to total lot area for the dwelling unit density calculation, the constraints listed in LU 2.2 will still be considered during review of housing development projects and can still result in reduced density (to accommodate the given constraint). Below is a cross -reference to how each constraint in LU 2.2 will still be considered for residential projects through other requirements of Title 17, and elsewhere in the Goleta Municipal Code:

 Environmentally sensitive habitat areas (ESHA).

Chapter 17.30, Environmentally Sensitive Habitat Areas
 Areas prone to flooding and geologic, slope instability, or other natural hazards.

Chapter 17.31, Floodplain Management; Chapter 15.10, Floodplain Management; Chapter 17.32, Hazards
 Areas with stormwater drainage problems.

Chapter 13.04, Stormwater Management and Discharge Control  Presence of other significant hazards or hazardous materials.

Chapter 17.32, Hazards; Section 17.39.060, Hazardous Materials  Protection of significant public and private views.

Chapter 17.26, Coastal/Inland Visual Resource Preservation; Section 17.58.080 Design Review, Required Findings (Finding J)
 Exposure to exterior noise levels that exceed a Community Noise Exposure Level (CNEL) of 60 dBA (see related NE 1.2).

Section 17.39.070, Noise
 Areas with archaeological or cultural resources.

Chapter 17.43, Cultural Resources
 Deficiencies in the type or level of services necessary for urban development, such as transportation facilities (roadway and pedestrian), sewer and water service, and emergency service response time.

Subsection 17.52.070(A), Required Findings (Finding 1)
 Prevailing densities of adjacent developed residential areas.

Section 17.58.080 Design Review, Required Findings (Finding A) 4 Meeting Date: May 16, 2023

Replacement of Units Lost in Redevelopment

Housing Element subprogram HE 2.1(f) obligates the City to p rocess a Title 17 amendment by December 2023 to ensure compliance with legal protections and replacement requirements for existing below market rate units that will be displaced by development, consistent with Government Code Section 65583.2(g)(3). The City already includes protections for existing residential units in Section 17.29.030 to comply with Government Code Section 66300(d). To incorporate Government Code Section 65583.2(g)(3) requirements, the Proposed Ordinance includes revisions to subsection

17.29.030(B) to broaden the language in the subsection to include both State law replacement requirements.

Note that some clarification is also proposed in subsection 17.29.030(A) to make it clear that this subsection is in addition to the requirements of State law in subsection (B) and goes beyond those State requirements to protect all multiple-unit housing regardless of affordability level. This clarification helps ensure that City does not see a decrease in overall housing stock because of new development. (See Section 4(U) of the Proposed Ordinance.)

Sites Identified for Lower-Income Housing in a Prior Housing Element(s)

Housing Element subprogram HE 2.1(g) obligates the City to prepare a Title 17 amendment in 2023 to implement Government Code Section 65583.2(c). This requirement of State law mandates that the City process ministerially, using objectiv e standards, residential development where at least 20 percent of the residential units are affordable to lower-income households that is either: (1) on a vacant parcel that was used in the City’s previous two Housing Element sites inventories to accommoda te lower - income units; or (2) on a non-vacant parcel that was used in the City’s previous Housing Element sites inventory to accommodate lower -income units. The Proposed Ordinance includes this requirement by adding the State law qualifying projects to the Applicability section of the City’s recently adopted objective design standards, Chapter 17.44. This revision makes clear that the qualifying projects will be processed ministerially and with only the application of objective development and design standards. (See Section 4(KK) of the Proposed Ordinance.)

Live/Work Uses

Title 17 currently allows Live/Work units in Community Commercial and Commercial Old Town zone districts , and in Office and Institutional (OI) zone district with a Minor Conditional Use Permit. The Proposed Ordinance includes amendments to Tables

17.08.020 and 17.09.020 to change the approval requirement for this use in those three zones to “Zoning Permit or Exempt” (“P” in the tables) to support this hybrid residential/commercial use. These amendments are prescribed by Housing Element subprogram HE 2.2(c).

5 Meeting Date: May 16, 2023

Because of the removal of the Conditional Use Permit requirement, the Proposed Ordinance also includes revisions to Section 17.41.180, the section contain ing specific use standards for Live/Work units. These revisions include the requirement of a Land Use Permit, removal of a standard that is already addressed in the use classification definition and added details about the configuration of the Live /Work un it use. (See Sections 4(G)(5). 4(I)(6), and DD of the Proposed Ordinance.)

Emergency Shelters

Housing Element subprogram HE 3.2(b) obligates the City to process a Title 17 amendment by December 2023 to ensure consistency with AB 139 of 2019 (Government Code Section 65583(a)(4)(A)(ii)) related to parking standards for Emergency Shelters.

Under this provision of State law, local zoning regulations cannot require parking spaces for those individuals staying at the Emergency Shelter. To address this limitation in State law, the Proposed Ordinance includes a change to the parking standard for Emergency Shelters in Table 17.38.040(A) from “1 space per 4 beds at maximum capacity, plus 2 spaces for facility staff” to “2 spaces for facility staff.”

During the revi ew of the local regulatory limitations in Government Code Section 65583(A)(4)(A), staff identified additional revisions needed to Section 17.41.130, the specific use standards for Emergency Shelters. These revisions are detailed in the Proposed Ordinance a nd include removal of requirements for certain on -site facilities, hours of operation, and physical and visual separation of the client waiting, intake, and pick-up areas on site. (See Sections 4(BB)(2) and 4(CC) of the Proposed Ordinance.)

Low Barrier Navigation Centers

Assembly Bill 101 of 2019 (codified in relevant part as Government Code Sections 65660 et seq.) created a new use type, Low Barrier Navigation Centers, and established the scope of permissible local regulation of such uses. Under State law, this use is intended to provide temporary living facilities while case managers connect individ uals experiencing homelessness to income, public benefits, health services, shelter, and housing. Also under State law, the City must allow this use “by -right” (no discretionary approvals) in areas zoned for mixed use and nonresidential zones permitting multifamily uses if certain listed requirements are met.

Housing Element subprogram HE 3.2(c) obligates the City to prepare a Title 17 amendment in 2023 to include Low Barrier Navigation Centers consistent with State law.

To do that, the Proposed Ordinanc e includes a new Section 17.41.280 for specific use standards for Low Barrier Navigation Centers. These new standards include a location standard (allowed where mixed-use and residential uses are allowed in a non-residential zone), a permit requirement (a Land Use Permit), use requirements that are taken directly from State law, and processing timelines the City must adhere to (also taken from State law).

The use tables in Part II of Title 17 are updated in the Proposed Ordinance to allow this use in zones where mixed-use residential development is allowed with cross -reference 6 Meeting Date: May 16, 2023

the new Low Barrier Navigation Centers standards and procedures in Section 17.41.280.

A definition for “Low Barrier Navigation Centers” in Section 17.72.010 and new definitions for th e terms “ Coordinated Entry System” and “Low Barrier” in Chapter 17.73 are included. The new definitions were taken from State law. (See Sections 4(G)(1), 4(I)(1), 4(FF), 4(ZZ)(2), 4(CCC)(1), and 4(CCC)(4) of the Proposed Ordinance.)

Supportive Housing

Housing Element subprogram HE 3.2(d) obligates the City to review Title 17 standards and process a Title 17 amendment by December 2023, if necessary, for supportive housing to ensure consistency with AB 2162 of 2018 (Government Code Section 65583(c)(3)). Gov ernment Code Section 65583(c)(3) includes a cross -reference to Government Code Sections 65650 et seq.

After reviewing Government Code Sections 65650 et seq., staff determined amendments were warranted to provide greater clarity regarding standards and pr ocedures for Supportive Housing. As a result, the Proposed Ordinance includes a new Section

17.41.290 for specific use standards for Supporting Housing. These new standards include a requirement to apply only the standards and procedures applicable to othe r residential dwellings of the same type (use) in the same zone; ministerial processing requirements; the need for an applicant to submit a Supportive Services Plan; a parking reduction if within ½ mile of a public transit stop; and details regarding when reductions in residents may occur due to loss of rental assistance or operating subsidy for the Supportive Housing use.

The use tables in Part II of Title 17 are updated in the Proposed Ordinance to cross - reference the new Supportive Housing standards and procedures in Section 17.41.290.

New definitions for the terms “Supporti ve Services” and “Target Population” in Chapter

17.73 are also included. The new definitions were taken from State law. (See Sections 4(D)(2), 4(G)(3), 4(I)(3), 4(N)(1), 4(GG), 4(ZZ)( 1), 4(CCC)(6), and 4(CCC)(7) of the Proposed Ordinance.)

One item of local discretion is that the City can limit the application of ministerial review to projects that consist of 50 units or fewer. The Proposed Ordinance does not include this limitation, based on the City’s support for the Super 8 Supportive Housing project that included more than 50 units. However, the City Council could add that standard in proposed subsection 17.41.290(B).

Large Residential Care Facilities

The City currently requires a Major Conditional Use Permit for Large Residential Care Facilities in the Medium Density Residential (RM), High Density Residential (RH), OI zone districts and with a Major Conditional Use Permit in the General Commercial (CG) zone district, if part of a mixed-use development.

The Proposed Ordinance includes a change to remove the Major Conditional Use Permit requirement for this use in all four zone districts. These amendments are included in 7 Meeting Date: May 16, 2023

Tables 17.07.020, 17.08.020, and 17.09.020 and are prescrib ed by Housing Element subprogram HE 3.2(e). (See Section s 4(D)(1), 4(G)(2), and 4(I)(2) of the Proposed Ordinance.)

Requests for Reasonable Accommodation

The City currently has procedures for processing reasonable accommodations requests in Chapter 17.63.

Subsection 17.63.030(A) identifies how reasonable accommodation will be processed when associated with another application (the Zoning Administrator would determine processing). However, this is inconsistent with a more general Title 17 procedural rule in subsection 17.5 0.020(A) that outlines how the Cit y processes multiple request/applications for a single project ( all requests go to the higher review authority).

Because the general rule in subsection 17.5 0.020(A) can be applied to requests for reasonable accommodation, there is no need for a separate co nflicting process in Chapter 17.63. As such, the Proposed Ordinance includes a repeal of subsection

17.63.030(A). (See Section 4(UU) of the Proposed Ordinance.)

Also included in the City’s reasonable accommodation request procedures is a list of considerations when determining whether to grant a request ( see subsection

17.63.040(B)). However, two of the six factors are broad and subjective so as to create significant uncertainty in the outcome of the request. As such, the Proposed Ordinance includes remova l of factors 5 and 6 in subsection 17.63.040(B) to improve the predictability of requests. (See Section 4(VV) of the Proposed Ordinance.)

Both revisions to Chapter 17.63 described above are prescribed by Housing Element subprogram HE 3.1(i).

Proposed Minor Revisions

Below is a discussion of minor revisions staff identified as warranting revisions based on administration of Title 17 to development proposals, applications, and inquiries.

Lot Coverage Methodology

Several zone districts include a lot coverage standard, which limits the percentage of the lot that can have structural development. The purpose of a lot coverage standard is to address massing on a site in an objective manner. Lot Coverage is explained in the Rules of Measurements in Sectio n 17.03.110 and in the definition of Lot Coverage in Section

17.73.020. In both instances, Lot Coverage (as a percent of the lot) is based on “net” lot area. This means that prior to the percentage calculation for lot coverage, sites constraints like ESHA and floodways are removed prior to the calculation. This current methodology could lead to significantly reduced development potential, including for housing projects that do not fit with the intent of the lot coverage standard. To address this, the Propos ed Ordinance includes amendments to the Lot Coverage Rule of Measurement and definition to change “net lot area” to “lot area” to better align with the 8 Meeting Date: May 16, 2023

intent of the standard. Note that this change will in no way allow development on areas of a site that o therwise prohibit development, such as in ESHA or ESHA buffers. (See Sections 4(C) and 4(CCC)(3) of the Proposed Ordinance.)

Maximum Floor Area in the RS District

Title 17 includes a maximum total floor area for structural development, scaled based on lot size, in the Single -Family Residential (RS) District in subsection 17.07.040. When these standards were imported into Title 17, the intent was to mirror the standards developed as part of City Ordinance No. 06 -05. However, when the standards were transcribed over, the word “habitable” in “habitable accessory structures” was not included in the types of structures to be included in the total floor area calculation. As such, since the adoption of Title 17, all accessory structures are counted towards the maximum floor area calculation, rather than only habitable accessory structures as was intended in Ordinance No. 06 -05. The Proposed Ordinance includes an amendment to subsection 17.07.040(A) to reinsert “habitable” before “accessory structures,” consistent with Ordinance No. 06-05. This revision would align Title 17 with historic City practice and potentially remedy the unintentional creation of nonconforming structures created with the adoption of Title 17. (See Section 4(F) of the Proposed Ordinance.)

Bus Stops in Setbacks

In some instances, Metropolitan Transit District (MTD) bus stops are proposed to be partially or fully within a front or street side setback of a parcel as a condition of new development. However, bus stops are considered accessory structures under Title 17 and accessory structures are not allowed in front setbacks or street side setbacks.

Currently, there is no exception in Title 17 to allow bus stops in front and street side setbacks. The Proposed Ordinance includes a ne w exception as subsection

17.24.020(D)(4) to address this issue. The exception is narrowly tailored to include MTD bus stops that meet the standards for bus stops that were formally adopted by the MTD Board of Directors. (See Section 4(P) of the Proposed Ordinance.)

Grading and Grubbing

The City’s Grading and Grubbing permit requirements, subsection 17.24.100(A), include permit triggers that reference proximity to “protected resources.” The purpose of this language was to include protections for cultural and archaeological resources. However, since the adoption of Title 17, more specific and tailored protections for these resources are now included in Chapter 17.43, Cultural Resources. As such, the references to “protected resources” in subsection 17.24.100(A) are no longer needed and are removed in the Proposed Ordinance. (See Section 4(Q) of the Proposed Ordinance.)

Notification of Enlarged Streamside Protection Areas

A Streamside Protection Areas (SPA) consists of a creek channel, wetlands and/or riparian vegetation related to the creek hydrology, and an adjacent upland buffer area.

The SPA upland buffer is typically 100 feet outward on both sides of the creek, measured 9 Meeting Date: May 16, 2023

from the top of the bank or the outer limit of wetlands and/or riparian vegetation, whichever is greater. Recently, the City adopted a Creek and Watershed Management Plan (CWMP), which calls for many implementation actions to improve the riparian habitats in SPAs. However, with improved and potentially enlarged SPAs, the SPA upland buffer may extend further out from the creek itself , thereby reducing development potential on the subject parcel or even adjacent parcels. Because of this, the CWMP includes A ction

7.3.2, which states an obligation to “[n]otify property owners if any development or restoration project will result to a change to the mapped area of the riparian habitat ESHA on their property or an adjacent /nearby property that would lead to a cha nge in the developable area on the owner’s property.” The Proposed Ordinance includes a new subsection in the Streamside Protection Areas regulations (subsection 17.30.070(F)) to effectuate this Action of the CWMP. (See Section 4(AA) of the Proposed Ordinance.)

Story Poles

Story pole requirements, for noticing purposes, were added to Title 17 during the adoption hearing process , in subsection 17.52.050(C)(5). Since that time, Staff identified two potential revisions to provide clarity and reduce potentially burdensome requirements.

The first revision in the Proposed Revision clarifies in the introductory language to subsection 17.52.050(C)(5) that story poles are only required for projects requiring a public hearing (which could be with the City Council, Planning Commission, Zoning Administrator, or Design Review Board). This applicability standard is already assumed in the story pole requirements as the trigger for erecting story poles is 14 days prior to the first public hearing (see 17.52.050(C)(5)(a)) but is not stated in the introductory language to subsection 17.52.050(C)(5).

The second revision is more substantive and re lates to the installation and removal of story poles. Currently, subsection 17.52.050(C)(5) requires story poles to be installed at least 14 days prior to the first public hearing for a project and then can only be removed after the expiration of the project approval appeal period. However, the time between the first public hearing for a project, typically Conceptual Review by the Design Review Board, and the final hearing where a project approval occurs, can take months and potentially years. Because of th is potentially long duration and the cost burden to applications for maintenance of story poles , the Proposed Ordinance includes a provision that an applicant can remove story poles after any public hearing that does not include a formal, appealable action. If the applicant chooses to remove the story poles, the applicant would still need to reinstall the story poles prior to any subsequent public hearing. (See Section 4(MM) of the Proposed Ordinance.)

Development Thresholds for Substantial Conformity Determinations

The City has procedures for minor changes to approved development that can be approved by the Director of Planning and Environmental Review. This process, called a “Substantial Conformity Determination,” outlined in subsection 17.52.100(B), is meant to be used for small changes that do not warrant a more public review process. T o ensure that this process is only used for minor changes, a set of development thresholds are 10 Meeting Date: May 16, 2023

included in subsection 17.52.100(B)(1)(a). Title 17 was originally adopted with five thresholds, consistent with previous City zoning regulations . However, two of the thresholds were inadvertently removed during a previous Title 17 amendment.

The Proposed Ordinance includes re -inclusion of the fourth development threshold as it was previously written in Title 17: “The project is located within the same general location as, and is topographically similar to, approved plans. The location must not be moved more than ten percent closer to a property line than the originally approved Permit or Plan.” (See Section 4(NN) of the Proposed Ordinance.)

The fifth threshold previously stated that “ [t]he project has not been the subject of substantial public controversy, nor is there reason to believe the change is likely to create substantial public controversy.” The Proposed Ordinance does not include reinsertion of this threshold because it does not serve as a measurable threshold staff can implement without having to make a subjective decision. The four other thresholds are expected to adequately ensure that Substantial Conformity Determinations remain minor in nature.

Single-Unit Dwelling Lots and Development Plans

In many cases, larger residential developments are approved as a single Development Plan. In some instances, these development plans include separate lots with separate ownership of single -unit dwellings. Examples include much of the development in the Planned Residential (RP) zone district as well as some projects in the RM and RH zone districts that include a mix of apartments, condominiums, and detached single -unit dwellings.

As noted above, Title 17 includes procedures for minor changes to prior permi ts and approvals in Section 17.52.100. For previously approved Development Plans, the procedures are outline d in subsections 17.52.100(b) -(d). However, where a single homeowner is part of a larger Development Plan, they do not have the authority to unilaterally amend the larger Development Plan. This creates a problem if they want to make a change that is not explicitly identified in the Development Plan, such as adding an accessory structure or addition.

To address this issue, the Proposed Ordinance includes an exception to the procedures outlined in Section 17.52.100 for any lot with a single-unit dwelling under a Development Plan. The exception is written narrowly so that the new development would still need to go through normal permit processing as if there were no Development Plan (e.g., Land Use Permits, Zoning Clearances, Design Review, as applicable) and that the new development could not violate any standards detailed in the underlying Development Plan (e.g., if the Development Plan limits the height of structures on the lot to a lower limit than otherwise allowed in the base zone district). (See Section 4(QQ) of the Proposed Ordinance.)

11 Meeting Date: May 16, 2023

Clean-Up Revisions

The Proposed Ordinance also includes several clarifying amendments to clear up ambiguities, improve formatting, or correct typographical errors. Below is a brief summary of these proposed changes:
 Removal of gender pronouns (e.g., “his or her”) throughout Title 17. (See various Sections of the Proposed Ordinance.)
 Change references of “GMC” to “Goleta Municipal Code” because “GMC” is not an introduced acronym and is not typically used in Title 17 (See various Sections of the Proposed Ordinance.)
 Clarification that areas “required” for off-street parking are excluded from floor area calculations, rather than areas “used” for off -street parking, in subsection

17.03.070(B) as the City will not know what areas are “used” for parking when making this calculation but will be able to identify the areas for “required” parking. (See Section 4(B) of the Proposed Ordinance.)
 Clarification in various sections in Part II of Title 17 to make clear that the standards in Part IV of Title 17 include regulations applicable to all zoning districts. (See Section 4(E), 4(H), 4(J), 4(L), 4(M), and 4(O) of the Proposed Ordinance.)  Update to Figure 17.24.210(A)(1), Clearance Triangle, Corner Lots, to illustrate different types of corner lots. (See Section 4(S) of the Proposed Ordinance.)  Change references to “proposals” and “activity” in Section 17 .30.030 to “applications” to align with the title of the Section (“Application Requirements ”). (See Section 4(V) and 4(W) of the Proposed Ordinance.)
 Clarification in subsection 17.30.040( A)(1) that the exception to allow certain projects in ESHA or ESHA buffers only applies if the project is consistent with the provisions of Section 17.30.040 (including avoidance and mitigation of impacts to ESHA). (See Section 4(X) of the Proposed Ordinance.)
 Clarification in subsection 17.30.060(G) that a separate Minor Condition Use Permit for habitat restoration or enhancements projects is not needed if that restoration or enhancement is already included in a Development Plan or other approval. If part of a Development Plan or other approval, the restoration or enhancement project would have already been fully analyzed and conditioned, making the Minor Conditional Use Permit superfluous. (See Section 4(Y) of the Proposed Ordinance.)
 Reinstatement of the parking standard for Single-Unit Dwellings (2 covered spaces per dwelling unit) in Table 17.38.040(A) that was inadvertently removed during a previous Title 17 amendment. (See Section 4(BB)(1) of the Proposed Ordinance.)  Reformat of the title of Chapter 17.4 4 to all caps, similar to other chapter titles. (See Section 4(JJ) of the Proposed Ordinance.)
 Clarification in su bsection 17.52.030(A)(2) to m ake clear that any City Code compliance efforts may continue when an applicant seeks to remedy a Code violation with an application. (See Section 4(LL) of the Proposed Ordinance.) 12 Meeting Date: May 16, 2023

 Removal of subsections 17.52.100(B)(3) and 17.52.100(C)(4), relating to noticing and appeals for Substantial Conformity Determination and Amendments, as noticing for Substantial Conformity Determinations and Amendments is already regulated under Section 17.52.050 (see subsection 17.52.050(A)(3)) and appeals are already regulated under Section 17.52.120 (see subsection

17.52.100(A)(1)(b)). (See Sections 4(OO) and 4(PP) of the Proposed Ordinance.)  Deletion of inadvertent “and” in subsection 17.58.040(A). (See Section 4(SS) of the proposed Ordinance.)
 Removal of reference to Accessory Dwelling Units from subsection 17.58.040(A) (Administrative Design Review) as Accessory Dwelling Units are not r eviewed pursuant to Chapter 17.58. (See Section 4(SS) of the Proposed Ordinance.)  Clarification in subsection 17.59.020(A) that a project is exempt from a Development Plan only if the “structural” development requires a different approval (such as a Land Use Permit or Zoning Clearance) as opposed to the future use of the development (which may additionally require a Conditional Use Permit). (See Section 4(TT) of the Proposed Ordinance.)
 Correction to a typo in subsection 17.70.040(H) to replace “mix-used” with “mixed- use.” (See Section 4(XX) of the Proposed Ordinance.)
 Deletion of Section 17.73.010, as it simply a list of terms defined in 17.73.020 and move the definitions in Section 17.73.020 to Chapter 17.73. This revision will remove redundancies and the potential for inconsistencies as terms are added and removed from the definitions. (See Section 4(BBB) of the Proposed Ordinance.)  Removal of reference to the alternative terms for a mobile home included in the “Mobile Home” definition in newly restructured Chapter 17.73, as they are not used in Title 17. (See Section 4(CCC)(5) of the Proposed Ordinance.)  Revision of the Zoning Map to include maximum densities in the RP zone district consistent with Figure 2-1 of the General Plan. Notes were also added to the map to explain the labeling on the map. (See Section 5 of the Proposed Ordinance.)

ENVIRONMENTAL REVIEW

The proposed Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(3) of the CEQA Guidelines 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.

The proposed 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.

In addition, Public Resources Code Section 21083.3 and CEQA Guidelines Section 15183 (Projects Consistent with a Community Plan or Zoning) exempt from further 13 Meeting Date: May 16, 2023

environmental review certain qualifying projects that are consistent with a community plan or zoning. Under this statutory exemption, projects that are consistent with the development density of existing zoning, community plan or General Plan policies for which an Environmental Impact Report (EIR) was certified shall not require additional CEQA r eview, except as may be necessary to determine whether there are project - specific significant effects that are peculiar to the project or site that would otherwise require additional CEQA review. Specifically, where a prior EIR relied upon by the lead agency was prepared for a General Plan meeting the requirements of State CEQA Guidelines Section 15183, any rezoning action consistent with the General Plan shall be treated as an exempt project pursuant to Section 15183 of the CEQA Guidelines.

The City has an existing, adopted General Plan for which an EIR has been certified. The proposed Ordinance is consistent with the existing, adopted General Plan and its development densities. Furthermore, since the adoption of this Ordinance is not considered a “project” under CEQA, there will be no project-specific, significant effects or impacts from the action to adopt the proposed Ordinance. Therefore, no additional environmental review is required. Any subsequent project for new development processed under Title 17 will be separately analyzed in accordance with CEQA.

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 s taff time to prepare the Proposed Ordinance was included in the adopted FY 2022-23 Budget under Program 4300 of the Advance Planning Division.

ALTERNATIVES:

The City Council could choose not to adopt the Proposed Ordinance. Failure to adopt the Proposed Ordinance would delay the City’s implementation of the adopted Housing Element, maintain inconsistencies between State law and the City’s zoning regulations, and delay needed improvements to Title 17.

Reviewed By: Legal Review By: Approved By:

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

14 Meeting Date: May 16, 2023

ATTACHMENTS:

1. Ordinance No. 23 -__, entitled “An Ordinance of the City Council of t he City of Goleta, California, Adopting Various Amendments to Title 17 of the Goleta Municipal Code and Finding the Amendments to be Exempt from the California Environmental Quality Act”

2. Title 17 Proposed Ordinance Amendments in Tracked Changes Table (For Reference Purposes Only)

3. Notice of Exemption

4. Staff Presentation

15 Attachment 1

Ordinance No. 23 -__, entitled “An Ordinance of the City Council of the City of Goleta, California, Adopting Various Amendments to Title 17 of the Goleta Municipal Code and Finding the Amendments to be Exempt from the California Environmental Quality Act” 16 Ordinance No. 23-__ Title 17 Amendments Page 1
ORDINANCE NO. 23-__

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GOLETA, CALIFORNIA, ADOPTING VARIOUS AMENDMENTS T O TITLE 17 OF

THE GOLETA MUNICIPAL CODE AND FINDING THE AMEN DMENTS

TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT

WHEREAS the City of Goleta (City) adopted Title 17 (Zoning) of the Goleta Municipal Code (GMC) on March 3, 2020; and

WHEREAS, since the adoption of Title 17, City staff has identified a variety of edits that are needed to improve Title 17 by addressing State law and Housing Element 2023- 2031 implementation , remedying minor errors and inconsistencies , and by providing clarification for other ambiguities; and

WHEREAS the Planning Commission conducted a duly noticed public hearing on April 10, 2023, 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 April 24, 2023; and

WHEREAS the City Council conducted a duly noticed public hearing on _________ __, 2023 at which time all interested persons were given an opportunity to be heard; and

WHEREAS the City Council adopted Ordinance No. 23-__, which amends Title 17 of the GMC, by a majority vote on _________ __, 2023.

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:

1. The amendment is consistent with the General Plan , the requirements of State planning and zoning laws, and Title 17 of the Goleta Municipal Code.

17 Ordinance No. 23-__ Title 17 Amendments Page 2
The Ordinance, which amends the Goleta Municipal Code Title 17, is consistent with all applicable provisions of the City’s General Plan that relate to development on real property throughout the City . Many of the textual amendments relate to minor clerical rev isions that do not alter the previous finding s of Title 17 consistency with the General Plan.

The Ordinance serves as implementation of various Housing Element implementation programs to support housing . Specifically, the Ordinance serves as implementation for Housing Element subprograms HE 2.1(e) (increased densities), 2.1(f) (replacement of lost units) , 2.1(g) (sites in previous Housing Elements), 2.2(c) (Live/Work units) , 3.2(b) (Emergency Shelters) , 3.2(c) (Low Barrier Navigation Centers), 3.2(d) (Transitional and Supportive Housing) , 3.2(e) (Residential Care Facilities) , and 3.2(i) (Reasonable Accommodations) .

Implementation of these subprograms also serve to align the City’s zoning regulations with State housing law requirements.

Additionally, t he Ordinance will amend Title 17 and bring the City’s zoning regulations into compliance with other aspects of State planning law. Specifically, the ordinance updates the City’s electrical vehicle charging station and hydrogen fueling statio ns consistent with Government Code Section 65850.7 and solar energy systems consistent with Government Code Section 65850.5. The Ordinance also updates the City’s regulations to include a finding to ensure consistency with State housing law to ensure there is no net loss of housing development potential in the City, consistent with Government Code Section 65863(b)(2).

Therefore, the Amendment is consistent with the General Plan, the requirements of State planning and zoning laws, and Title 17 of the Goleta Municipal Code.

2. 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 s 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 . Additionally, the Ordinance provides clarity to the City’s zoning regulations to help ensure the consistent application of City land use regulations.

Therefore, the Amendment is in the interest of the general community welfare.

3. 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 18 Ordinance No. 23-__ Title 17 Amendments Page 3
of certain types of development . By updating Title 17 to align with State planning law, including details regarding several aspect of State housing law, the Ordinance is consistent with good zoning and planning practices. Additional ly, providing clarity to Title 17 based on issues identified since the adoption of Title 17 demonstrates good zoning regulations maintenance.

Therefore, the Amendment is consistent with good zoning and planning practices.

SECTION 3 Environmental Assessment

The Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(3) of the CEQA Guidelines (Title 14, Chapter 3 of the California Code of Regulations) because the activity is not a “project” as defined in Section 15378(b)(5) as an organizational or administrative activity by government that will not result in direct or indirect physical changes in the environment.

The Ordinance is also exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines because the activity is covered by the general rule which exempts activities that can be seen with certainty to have no possibility for causing a significant effect on the environment.

Furthermore, pursuant to Public Resources Code Section 21083.3 and CEQA Guidelines Section 15183, projects that are consistent with the development density of existing zoning, community plan, or General Plan po licies for which an Environmental Impact Report (EIR) was certified shall be exempt from additional CEQA analysis, except as may be necessary to determine whether there are project -specific significant effects that are peculiar to the project or site that would otherwise require additional CEQA review. There is no new substantial information indicating that the impacts of adopting the Ordinance will be more severe than described in the General Plan EIR and there are no cumulative or off-site impacts from the proposed Ordinance that were not addressed in the General Plan EIR. As such, the Ordinance is exempt from further CEQA review.

SECTION 4 Title 17 of the Goleta Municipal Code Amendments

Title 17 of the Goleta Municipal Code is hereby amended as follows:

A. Section 17.03.060 is amended to read as follows:

Dwelling unit density per acre is calculated using total lot area.

B. Subsection 17.03.070(B) is amended to read as follows:

Excluded from Floor Area . Floor area does not include mechanical, electrical, and communication equipment rooms; attics; any crawl space or other non -habitable space below finished grade; bay windows or other architectural projections where the vertical distance between the lowest surface of the projection and the finished floor is 30 inches or greater; areas that qualify as restricted open space; and areas required for off-street parking spaces or loading spaces, driveways, ramps between floors of a 19 Ordinance No. 23-__ Title 17 Amendments Page 4
multi-level parking garage, and maneuvering aisles that are located below the finished grade of the property.

C. The introduction Section 17.03.110 (without change to subsections (A)-(E) and Figure 17.03.110) is amended to read as follows:

Lot coverage is the ratio of the total footprint area of all structures on a lot to the lot area, typically expressed as a percentage. The footprints of all principal and accessory structures (including, but not limited to, garages, carports, covered patios, and roofed porches) are summed in order to calculate lot coverage. The following structures are excluded from the total footprint area used in the lot coverage calculation:

D. Table 17.07.020 is amended as follows:

1. For Residential Care Facilities, Large: Change the “CU” to “P” in the “RM” and “RH” District cells.

2. For Supportive Housing: Amend the text to read “See § 17.41.2 90, Supportive Housing.”

E. The preamble for Section 17.07.030 is amended to read as follows:

Table 17.07.030 prescribes development regulations for the Residential Districts for permitted and conditionally permitted uses. Letters in parentheses (e.g., (A)) refer to the regulations following the table. When in the “Additional Regulations” column, t he regulations apply to all districts. When in just one district’s column, the regulations apply only to that particular district. The numbers in each illustration below refer to corresponding regulations in the “#” column in the associated table. Regulati ons specifically applicable to one or more residential districts can be found below in Section 17.07.040 et seq. Regulations applicable to all zoning districts are in Part IV of this Title.

F. Subsection 17.07.040(A) is amended to read as follows (prior to Table

17.07.040):

Maximum Floor Area. No single-unit dwelling or habitable accessory structure may be constructed or expanded unless the proposed structure or expansion complies with the following standards for maximum allowable floor area for all structures on the lot, including garages. Development that exceeds these floor area standards may be approved subject to Design Review approval by the Design Review Board.

G. Table 17.08.020 is amended as follows:

1. Create a new row under “Residential Uses” for “Low Barrier Navigation Centers” with a “P” in the CC, OT, and CG Districts, a “-“ in the CR, VS, and CI Districts, and the following text in the “Additional Regulations” cell: “See § 17.41.280, Low Barrier Navigation Centers”
20 Ordinance No. 23-__ Title 17 Amendments Page 5

2. For Residential Care Facilities, Large: Change the “CU1” to “P” in the “CG” District cell.

3. For Supportive Housing: Amend the text to read “See § 17.41.2 90, Supportive Housing.”

4. Create a new row under “Commercial Uses” for “Hydrogen Fueling Stations” with “P” in all Districts and the following text in the “Additional Regulations” cell: “See § 17.41.270, Hydrogen Fueling Stations”

5. For Live/Work Units: Change the “MU” to “P” in the “CC” and “OT” District cells.

H. The preamble for Section 17.08.030 is amended to read as follows:

Table 17.08.030 prescribes development regulations for the Commercial Districts for permitted and conditionally permitted uses. Letters in parenthesis (e.g., (A)) refer to the regulations following the table. When in the “Additional Regulations” column, the regulations apply to all districts. When in just one district’s column, the regulations apply only to that particular district. The numbers in each illustration below refer to corresponding regulations in the “#” column in the associated table. Regulat ions applicable to all zoning districts are in Part IV of this Title.

I. Table 17.09.020 is amended as follows:

1. Create a new row under “Residential Uses” for “Low Barrier Navigation Centers” with a “P” in the OI District, a “-“ in the BP District, and the following text in the “Additional Regulations” cell: “See § 17.41.280, Low Barrier Navigation Centers”

2. For Residential Care Facilities, Large: Change the “CU” to “P” in the “ OI” District cell.

3. For Supportive and Transitional Housing: D elete out “and Transitional” from the “Use” column and amend the text to read “See § 17.41.290, Supportive Housing”

4. Create a new row under “Residential Uses” for “Transitional Housing” with a single text box in the remainder of the row that reads “Subject only to those standards permit procedures as they apply to other residential dwellings of the same type (use) in the same zone.”

5. Create a new row under “Commercial Uses” for “Hydrogen Fueling Stations” with “P” in both Districts and the following text in the “Additional Regulations” cell: “See § 17.41.270, Hydrogen Fueling Stations”

6. For Live/Work Units: Change the “MU” to “P” in the “OI” District cell.

J. The preamble for Section 17.09.030 is amended to read as follows:

21 Ordinance No. 23-__ Title 17 Amendments Page 6
Table 17.09.030 prescribes development regulations for Office Districts for permitted and conditionally permitted uses. Letters in parenthesis (e.g., (A)) refer to the regulations following the table. When in the “Additional Regulations” column, the regulations apply to all districts. When in just one district’s column, the regulations apply only to that particular district. The numbers in each illustration below refer to corresponding regulations in the “#” column in the associated table. Regulations applicable to all zoning districts are in Part IV of this Title.

K. Table 17.10.020 is amended as follows:

1. Create a new row under “Commercial Uses” for “Hydrogen Fueling Stations” with a “P” in both Districts and the following text in the “Additional Regulations ” cell:
“See § 17.41.270, Hydrogen Fueling Stations”

L. The preamble for Section 17.10.030 is amended to read as follows:

Table 17.10.030 prescribes development regulations for Industrial Districts for permitted and conditionally permitted uses. Letters in parenthesis (e.g., (A)) refer to the regulations following the table. When in the “Additional Regulations” column, the regulations apply to all districts. When in just one district’s column, the regulations apply only to that particular district. The numbers in each illustration below refer to corresponding regulations in the “#” column in the associated table. Regulations applicable to all zoning districts are in Part IV of this Title.

M. The preamble for Section 17.11.030 is amended to read as follows:

Table 17.11.030 prescribes development regulations for the Public and Quasi -Public Districts for permitted and conditionally permitted uses. Letters in parenthesis (e.g., (A)) refer to regulations following the table. When in the “Additional Regulations” column, the regulations apply to all districts. When in just one district’s column, the regulations apply only to that particular district. Regulations applicable to all zoning districts are in Part IV of this Title.

N. Table 17.12.020 is amended as follows:

1. For Supportive Housing: Amend the text to read “See § 17.41.290, Supportive Housing.”

O. The preamble for Section 17.12.030 is amended to read as follows:

Table 17.12.030 prescribes development regulations for the Open Space and Agricultural Districts for permitted and conditionally permitted uses. Letters in parenthesis (e.g., (A)) refer to the regulations following the table. When in the “Additional Regulations” column, the regulations apply to all districts. When in just one district’s column, the regula tions apply only to that particular district. Regulations applicable to all zoning districts are in Part IV of this Title.

P. Subsection 17.24.020(D)(4) is added to read as follows:
22 Ordinance No. 23-__ Title 17 Amendments Page 7

Bus Stops . Santa Barbara Metropolitan Transit District bus stop structures are allowed in front and street side setbacks if the structures meet the standards established in the Santa Barbara Metropolitan Transit District Bus Stop Standards as adopted by the Santa Barbara Metropolitan Transit District Board of Directors.

Q. Section 17.24.100 is amended to read as follows:

This section provides additional information for grading and grubbing activities that are not associated with a larger approved project, which are themselves cumulatively considered a project and subject to this section.

A. Permit Requirements.

1. Exempt. The following grading and grubbing activities are exempt from Zoning Permits, pursuant to this Title:

a. Grading on a single lot of less than 50 cubic yards, less than two feet in depth, and not within 500 feet of any ESHA.

b. Grubbing on a single lot of less than one-half acre and not within 500 feet of any ESHA.

c. The annual or semiannual plowing, tilling, preparation, and planting of land for ongoing farming and agricultural operations.

2. Zoning Clearance. The following grading and grubbing activities require a Zoning Clearance, pursuant to this Title:

a. Grading of less than 50 cubic yards and within 500 feet, but not closer than 300 feet, of any ESHA.

b. Grading activities occurring on two or more contiguous lots and less than 500 square feet in area.

c. Grubbing of more than one-half acre, but less than one acre.

d. Grubbing less than 500 feet, but not within 300 feet, of any ESHA.

3. Land Use Permit or Coastal Development Permit. The following grading and grubbing activities require a Land Use Permit or Coastal Development Permit, pursuant to this Title:

a. Grading of 50 cubic yards or more.

b. Grading activities requiring a Grading Permit from the City.

c. Grading activities occurring on two or more contiguous lots and 500 23 Ordinance No. 23-__ Title 17 Amendments Page 8
square feet or more in area.

d. Grading or grubbing within 300 feet of, but more than 100 feet from any ESHA.

e. Grubbing of more than one acre.

4. Major Conditional Use Permit. The following grading and grubbing activities require a Major Conditional Use Permit pursuant to this Title:

a. Grading or grubbing within 100 feet of.

R. Section 17.24.180 is amended to read as follows:

This Section provides procedures for the review of solar energy systems, where the Building Official finds that solar energy systems could have a specific adverse impact upon the public health or safety, consistent with Goleta Municipal Code Section

15.14.070(E).

A. Exempt. Where the Building Official does not make the finding in Goleta Municipal Code Section 15.14.070(E), the solar energy system is exempt from all standards and requirements of Title 17.

B. Permit Required . Where the Building Official makes the finding in Goleta Municipal Code subsection 15.14.070(E), that a proposed solar energy system could have a specific adverse impact upon the public health or safety, issuance of a Land Use Permit is required.

C. Finding for Approval. The Director shall issue a Land Use Permit for a solar energy system only if the following finding can be made:

1. The proposed solar energy system installation would not have a specific, adverse impact upon the public health or safety.

No additional findings are required for a s olar energy system, notwithstanding any other provisions of this Title.

D. Finding for Denial . If the Director denies the project based on the finding in subsection (C)(1) above, the denial shall include a finding by the Building Official that there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact and the basis for the rejection of potential feasible alternatives of preventing the adverse impact.

S. The image for Figure 17.24.210(A)(1) is replaced with the following image:

24 Ordinance No. 23-__ Title 17 Amendments Page 9

T. Section 17.24.220 is amended to read as follows:

This section provides procedures for the review of electric vehicle (EV) charging stations, as they are defined in Goleta Municipal Code Section 15.20.030, where the Building Official finds that the EV charging station could have a specific adverse impact upon the public health or safety, consistent with Goleta Municipal Code Section 15.20.070(A).

A. Exempt. Where the Building Official does not make the finding in Goleta Municipal Code Section 15.20.070(A), the EV Charging Station is exempt from all standards and requirements of Title 17.

B. Permit Required . Where the Building Official makes the finding in Goleta Municipal Code subsection 15.20.070(A) that a proposed EV charging station co uld have a specific adverse impact upon the public health or safety, issuance of a Land Use Permit is required.

C. Finding for Approval. The Director shall issue a Zoning Clearance for an EV charging station only if the following finding can be made:

1. The proposed EV charging station installation would not have a specific, adverse impact upon the public health or safety.

No additional findings are required for an EV charging station, notwithstanding any other provisions of this Title.

D. Finding for Denial . If the Director denies the project based on the finding in subsection (C)(1) above, the denial shall include a finding by the Building Official that there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact and the basis for the rejection of potential feasible alternatives of preventing the adverse impact.

25 Ordinance No. 23-__ Title 17 Amendments Page 10
U. Section 17.29.030 is amended to read as follows:

A. Demolition of Multi -Unit Dwellings . In addition to the requirements of subsection (B) below, the City will not allow the demolition of any multiple unit dwelling structures unless the project will create at least as many residential dwellings as will be demolished, or the building or struc ture is exempt from this requirement pursuant to Section 17.29.010, Applicability.

B. New Development Under State Law.

1. Any development on a site that currently has residential uses, or within the past five years has had residential uses that have been vacated or demolished, that are or were subject to affordability restrictions as detailed in Government Code Section 65583.2(g)(3), shall replace of all those units affordable to the same or lower income level in accordance with Government Code Section 65583.2(g)(3).

2. In accordance with Government Code Section 66300(d), no housing development project, as defined by Government Code Section 65589.5(h)(2), that will require the demolition or other loss of legally established residential dwelling units shall be approved unless the project will create at least as many residential dwellings as will be demolished or otherwise lost and no housing development project that will require the demolition of occupied or vacant protected units, as that term is defined in Government Code Section 66300(d)(2)(F)(vi), shall be approved unless all the requirements of Government Code Section 66300(d)(2) are met. When this subsection applies, all applicable requirements of Government Code Section 66300(d) must be met.

C. Timing of Replacement. The City shall not issue a certificate of occupancy for any other Building Permits for the project until all certificates of occupancy have been issued for the replacement unit(s).

V. Subsection 17.30.030(A) is amended to read as follows:

Initial Site Assessment Screening. The City must conduct an initial site assessment screening for all development applications to determine the potential presence of ESHA within 300 feet of the development activity. The initial site assessment screening must include a review of reports, resource maps, aerial photographs, site inspection and additional resources as necessary to determine the presence of ESHA.

W. Subsection 17.30.030(B) is amended to revise the introductory language (without amending subsections 17.30.030(B)(1)-(9)), as follows:

Biological Study. For any development applications within 300 feet of ESHA, or with the potential to adversely impact ESHA, a site -specific biological study must be prepared. The biological study must address all relevant General Plan policies and may be peer reviewed, at the Director’s discretion. All costs of the biological study and any peer review are borne by the applicant.

26 Ordinance No. 23-__ Title 17 Amendments Page 11
X. Subsection 17.30.040(A)(1) is amended to read as follows:

Exception. Where consistent with the provisions of this Section, new Capital Improvement Program projects, public accessways and trails, habitat restoration and enhancement projects when consistent with Sections 17.30.060(G) and

17.54.020(A)(6), and nature education and research activities.

Y. Subsection 17.30.060(G) is amended to read as follows:

Habitat restoration or enhancement projects that are not subject to Section

17.54.020(A)(6), Zoning Clearance, shall be subject to review and approval of a Minor Conditional Use Permit unless a Development Plan or other approval is already required for a project that includes the habitat restoration or enhancement.

Z. Subsection 17.30.070(C)(2) is amended to read as follows:

Upon receipt of an application for an SPA upland buffer reduction, the Director may direct preparation by a City -selected consultant of a Biological Report, an economic/financial analysis and/or any other study or report the Director deems necessary in the Director’s reasonable discretion, at the applicant’s expense, to assist the Review Authority in making the above findings. At the request of the Director, the applicant shall provide information that the Director deems necessary, in the Director’s reasonable discretion, to produce the above-referenced studies or reports, including, but not limited to, financial data, land appraisal data, acquisition cost, land development/construction cost data, prospectuses, and financial/revenue projections.

The application will not be deemed complete until the required reports are completed to the Director’s satisfaction.

AA. Subsection 17.30.070(F) is added to read as follows:

Notification to Impacted Property Owners . The City shall notify, at a developer’s expense where applicable, all property owners where a development or restoration project will result in a change to the mapped riparian habitat that would lead to a change in the developable area on the owner’s property.

BB. Table 17.38.040(A) is amended as follows:

1. For Single-Unit Dwellings, the parking requirement is amended to read as follows:

2 covered spaces per dwelling unit. See subsection 17.07.040(B) for exceptions in RS.

2. For Emergency Shelters, the parking requirement is amended to read as follows:

2 spaces for facility staff.

27 Ordinance No. 23-__ Title 17 Amendments Page 12
CC. Section 17.41.130 is amended to read as follows:

Emergency shelters must be located, developed, and operated in compliance with the following standards where allowed by Part II, Base Zoning District Standards and Allowed Uses:

A. Permit Required. Unless Discretionary Approval of a Conditional Use Permit is required pursuant to Table 17.08.020, a Land Use Permit is required where Emergency Shelters are allowed.

B. Proximity. No emergency shelter is permitted within 300 feet of a site with an operating emergency shelter.

C. Number of Residents. Not more than 25 persons may be served on a nightly basis. A shelter operator may request a higher capacity with Discretionary Approval of a Minor Conditional Use Permit by demonstrating that the combined shelter capacity in the City is less than the most recent homeless census.

D. Length of Stay. Maximum length of stay of a person in an emergency shelter is limited to 180 days in any 12-month period.

E. Management. Each emergency shelter must have an on-site management office, with at least one staff member on duty at all times the emergency shelter is in operation. A minimum of two staff members must be on duty when more than 10 beds are occupied.

F. Security. If required by law enforcement, an emergency shelter must have on - site security staff, with at least one security staff present at all times the emergency shelter is in operation.

G. Site Design. Client waiting, intake, and pick-up areas must be located inside a building or interior courtyard, or at a rear or side entrance.

DD. Section 17.41.180 is amended to read as follows:

Live/work units must be located, developed, and operated in co mpliance with the following standards, where allowed by Part II, Base Zoning District Standards and Allowed Uses, of this Title:

A. Permit Required. Where allowed, a Land Use Permit is required.

B. Nonresidential Uses. Work activities in live/work units are limited to uses that are permitted outright or allowed with a Land Use Permit or Conditional Use Permit within the zone district the units are located in.

C. Sale or Rental of Live or Work Portions of Unit. No portion of a live/work unit may be separately rented or sold as a commercial space for a person or persons not 28 Ordinance No. 23-__ Title 17 Amendments Page 13
living on the premises, or as a residential space for a person or persons not working on the premises.

D. Configuration. The nonresidential area shall be limited to the first floor or main floor of the live/work unit. The residential and nonresidential areas of the live/work unit shall be integrated, contiguous, and accessible from each other.

E. Outdoor Living Area. Common or private outdoor living area must be provided for the use of occupants at a rate of at least 60 square feet per live/work unit. This space may be attached to individual units or located on the roof or adjoining the building in a yard.

EE. Section 17.41.270, entitled “Hydrogen Fueling Stations,” is added to read as follows:

This section provides procedures for the review of Hydrogen Fueling Stations where the Building Official finds that the Hydrogen Fueling Station could have a specific adverse impact upon the public health or safety.

A. Exempt. Where the Building Official does not make a finding that the Hydrogen Fueling Station could have a specific adverse impact upon the public health or safety, the Hydrogen Fueling Station is exempt from all standards and requirements of Title

17. B. Permit Required. Where the Building Official makes a finding that the Hydrogen Fueling Station could have a specific adverse impact upon the public health or safety, issuance of a Land Use Permit is required.

C. Location. The Hydrogen Fueling Station must be on a parcel that satisfies either of the following:

1. The parcel is zoned for industrial or commercial development and does not contain any residential units, or

2. The parcel was previously developed with service station. For purposes of this subsection, “service station” means any establishment which offers for sale or sells gasoline or other motor vehicle fuel to the public.

D. Standards. Hydrogen Fueling Stations shall meet all of the following, as applicable:

1. Health and safety standards and requirements imposed by State and local permitting authorities.

2. Safety and performance standards established by the Society of Automotive Engineers and accredited nationally recognized testing laboratories.

29 Ordinance No. 23-__ Title 17 Amendments Page 14

3. Any rules established by the State Air Resources Board, Energy Commission, or Department of Food and Agriculture regarding safety, reliability, weights, and measures.

4. Guidance established by the Governor’s Office of Business and Economic Development, as outlined in the Hydrogen Station Permitting Guidebook.

D. Finding for Approval . The Director shall issue a Land Use Permit for a Hydrogen Fueling Station if the following findings can be made:

1. The proposed Hydrogen Fueling Station installation would not have a specific, adverse impact upon the public health or safety.

2. The proposed Hydrogen Fueling Station meets the standards of this Section.

No additional findings are required for a Hydrogen Fueling Stations, notwithstanding any other provisions of this Title.

E. Finding for Denial . If the Director denies the project based on a finding in subsection (D) above, the denial shall include a finding by the Building Official that there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact and the basis for the rejection of potential feasible alternatives of preventing the adverse impact.

FF.Section 17.41.280, entitled “Low Barrier Navigation Centers ,” is added to read as follows:

Low Barrier Navigation Centers must b e located, developed, and operated in compliance with the following:

A. Zone Districts. Low Barrier Navigation Centers are allowed in zone districts that allow mixed-use residential development and any non -residential zone district that allows multi-unit dwellings.

B. Permit Required. A Land Use Permit is required.

C. Use Requirements. The Low Barrier Navigation Center shall:

1. Offer services to connect people to permanent housing through a services plan that identifies services staffing.

2. Be linked to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing.

3. Comply with Chapter 6.5 (commencing with Secti on 8255) of Division 8 of the Welfare and Institutions Code.

30 Ordinance No. 23-__ Title 17 Amendments Page 15

4. Have a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.

D. Processing Timelines. Within 30 days of receipt of an application for a Low Barrier Navigation Center, the City shall notify the applicant whether the application is complete pursuant to Government Code Section 65943. Within 60 days of receipt of a completed application for a Low Barrier Navigation Center, the City shall act upon its review of the application.

GG. Subsection 17.41.290 , entitled “Supportive Housing ,” is added to read as follows:

Supportive Housing must be located, developed, and operated in compliance with the following:

A. General Application of Standards and Procedures . Supportive Housing is subject only to those standards and permit procedures as they apply to other residential dwellings of the same type (use) in the same zone.

B. Ministerial Processing . Notwithstanding subsection (A) above, if the requirements of Government Code Section 65651(a) are met, the following processing requirements apply:

1. Conversion of Existing Development . Supportive Housing that is converted from an existing use in zone districts that allow multiple -dwelling units, including as part of mixed-use developments, a Land Use Permit is required.

2. New Development . Supportive Housing that requires new construction, the procedures and standards of Chapter 17.44, Multiple -Unit and Mixed -Use Objective Design Standards apply.

C. Supportive Services Plan Required. An applicant for a Supportive Housing use subject to this Section shall provide the City with a plan for providing supportive services, with documentation demonstrating that supportive services will be provided onsite to residen ts in the project, as required by Government Code Section 65651, and describing those services, which shall include all of the following:

1. The name of the proposed entity or entities that will provide supportive services.

2. The proposed funding source or sources for the provided onsite supportive services.

3. Proposed staffing levels.

31 Ordinance No. 23-__ Title 17 Amendments Page 16
D. Parking Exception. No parking is required for units occupied by Supportive Housing residents if the development is located within one-half mile of a public transit stop. Off-street parking for other units shall comply with the parking requirements for other residential dwellings of the same type (use) in Table 17.38.040(A).

E. Processing Timelines . The City shall notify the applicant whether their Supporting H ousing use application is complete within 30 days of receipt of an application to develop supportive housing in accordance with this Section. The City shall complete its review of the application within 60 days after the application is complete for a project with 50 or fewer units, or within 120 days after the application is complete for a project with more than 50 units.

F. Reduction in Residents. Notwithstanding any other provision of this Section, the City shall, at the request of the project owner, reduce the number of residents required to live in Supportive Housing if the project -based rental assistance or operating subsidy for the Supportive Housing project is terminated through no fault of the project owner, but only if all of the following conditions have been met:

1. The owner demonstrates that it has made good faith efforts to find other sources of financial support.

2. Any change in the number of supportive service units is restricted to the minimum necessary to maintain project’s financial feasibility.

3. Any change to the occupancy of the Supportive Housing units is made in a manner that minimizes tenant disruption and only upon the vacancy of any Supportive Housing units.

HH. Section 17.42.010 is amended to read as follows:

This chapter provides standards and procedures to regulate the development, siting, installation, and operation of wireless telecommunications antennas and related facilities consistent with the applicable requirements of Federal law. The regulations are intended to pr ovide for the appropriate development of wireless telecommunication facilities within the City to meet the needs of residents, business - owners, and visitors while protecting public health and safety and preventing visual blight and degradation of the community’s aesthetic character.

The requirements of this chapter apply to all telecommunication facilities within the City, not otherwise regulated by the City, pursuant to Goleta Municipal Code Chapter

12.20, Wireless Facilities in Public Road Rights -of-Way, that transmit and/or receive wireless electromagnetic signals, including, but not limited to, personal communications services (cellular and paging) and radio and television broadcast facilities.

A. These facilities include small and large cell facilities on privately-owned property and wireless facilities on public property not regulated by G oleta Municipal Code Chapter 12.20.
32 Ordinance No. 23-__ Title 17 Amendments Page 17

B. The requirements apply to telecommunication facilities that are the primary use of a property as well as those that are accessory facilities.

II. Subsection 17.42.050(C)(2) is amended to read as follows:

The owner or the Owner’s agent shall provide written verification of the removal of the wireless telecommunication facility within 30 days of the date the removal is completed.

JJ. Change the title of Chapter 17.44 to “ MULTIPLE-UNIT AND MI XED-USE OBJECTIVE DESIGN STANDARDS”

KK. Subsection 17.44.010(B) is amended to read as follows:

Applicability. The provisions of this Chapter apply to the following:

1. Multiple-unit residential and mixed -use development in all Zone Districts that qualify for streamlined, ministerial processing pursuant to California Government Code Section 65913.4;

2. Residential development where at least 20 percent of the residential units are affordable to lower-income households that is either:

a. On a vacant parcel that was used in the City’s previous two Housing Elements sites inventories to accommodate lower-income units; or

b. On a nonvacant parcel that was used in the City’s previous Housing Element sites inventory to accommodate lower-income units; and

3. Any other project that qualifies for objective, ministerial review pursuant to State housing law.

LL.Subsection 17.52.030(A)(2) is amended to read as follows:

To the fullest extent allowed by law, any illegal conditions on the subject premises have been remedied or would be remedied as part of the proposed project. Nothing in this provision limits the City’s enforcement options under Chapter 17.69, Enforcement.

MM. Subsection 17.52.050(C)(5) is amended to read as follows:

Story Poles. All development over 20 feet in height, except for single -unit dwellings and development not requiring a public hearing , shall require story poles that accurately depict the proposed structure(s). When required, story poles must convey size, bulk, and scale and must be installed consistent with the following provisions:

33 Ordinance No. 23-__ Title 17 Amendments Page 18
a. The story poles must be satisfactorily installed at least 14 days before the first scheduled public hearing date, unless an earlier date is deemed necessary by the Director and may be removed immediately following the hearing if no formal action is taken.

b. The story poles must remain in place until the expiration of the project’s local Appeal period and must be removed within 10 calendar days afterwards.

c. Story poles shall depict a three-dimensional, full-scale silhouette that outlines major wall planes, gables, and ridges.

d. Installation of story poles must be certified by a licensed land surveyor as to their accuracy. Any deviations from proposed heights stated on pla n sheets and what is depicted by the story poles must be calculated and disclosed.

e. Story poles must be of sturdy construction and braced or reinforced for safety purposes.

f. Installed story poles and associated flagging and/or netting shall be of materials and method of installation to withstand reasonably foreseeable weather or other site factors for the required duration of display.

g. If at any time the story poles become unsafe or shift location, they shall be repaired and reset.

NN. Subsection 17.52.100(B)(1)(a) is amended to add subsection

17.52.100(B)(1)(a)(iv) read as follows:

iv. The project is located within the same general location as, and is topographically similar to, approved plans. The location must not be moved more than te n percent closer to a property line than the originally approved Permit or Plan.

OO. Delete subsection 17.52.100(B)(3) and renumber subsection 17.52.100(B)(4), entitled “Effectuation” as subsection 17.52.100(B)(3).

PP. Delete subsection 17.52.100(C)(4) and renumber subsection 17.52.100(C)(5), entitled “Consideration” as subsection 17.52.100(C)(4).

QQ. A new subsection 17.52.100(E) is added to read as follows:

Exception. Changes to previously approved Development Plans for development on a lot with a single-unit dwelling where the proposed development is consistent with the standards in the Development Plan. In such cases where this exception applies, the other permitting and approval requirements for development pursuant to this Title apply and the standards of this Title apply unless the previously adopted Development Plans specifies different standards, in which case those standards would apply.

RR. Subsection 17.58.020(B)(5) is amended to read as follows:
34 Ordinance No. 23-__ Title 17 Amendments Page 19

Electric vehicle charging stations, as they ar e defined in Goleta Municipal Code Section 15.20.030.

SS. Subsection 17.58.040(A) is amended to read as follows:

Administrative Review. The Director 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; and

3. Other accessory structures not subject to review by the Design Review Board.

TT.Subsection 17.59.020(A) is amended to read as follows:

Any structural development where another approval requirement is specified under this Title or where the development is exempt pursuant to Chapter 17.53, Exemptions.

UU. Section 17.63.030 is amended to read as follows:

The Director must consider and act on requests for reasonable accommodation.

VV. Subsection 17.63.040(B) is amended to read as follows:

Considerations. The following factors must be considered in making a determination regarding an application filed pursuant to this chapter:

1. Need for the requested modification, including alternatives that may provide an equivalent level of benefit that satisfies the need;

2. Physical attributes of, and any proposed changes to, the subject property and structures;

3. Whether the requested modification would impose an undue financial or administrative burden on the City; and

4. Whether the requested modification would constitute a fundamental alteration of the City’s zoning or building laws, policies, procedures, or subdivision program.

WW. Subsection 17.69.030(D) is amended to read as follows:

The City Attorney may, at the City Attorney’s discretion, or upon order of the City Council, immediately commence action or proceedings for the abatement and removal and enjoinment of violations in the manner provided by law, and may take such other 35 Ordinance No. 23-__ Title 17 Amendments Page 20
steps and may apply to such courts as may have jurisdiction to grant such relief that will abate and remove such use or structure, and may seek to restrain and enjoin any person, firm, or corporation from such use of any property or structure, or from setting up, erecting, building, maintaining, or demolishing any such structure contrary to the provisions of this Title.

XX. Subsection 17.70.040(H) is amended to read as follows:

Affordable Housing Facilities (applicable only to non -residential projects and components of mixed-use projects not subject to Chapter 17.28).

YY. Section 17.71.020, entitled “Development on Sites Used in the City’s Housing Element Sites Inventory” is added to read as follows:

A. Applicability. This Section applies where the City approves, by administrative, quasi-judicial, legislative, or other action, development of any parcel with fewer units by income category than identified in the City’s Housing Element for that parcel.

B. Required Finding. The City shall make a written finding, supported by substantial evidence, as to whether or not the remaining sites identified in the City’s Housing Element are adequate to meet the requirements of Government Code Section 65583.2 and to accommodate the City’s share of the regional housing need pursuant to Government Code Section 65584. The finding shall include a quantification of the remaining unmet need for the jurisdiction’s share of the regional housing need at each income level and the remaining capac ity of sites identified in the housing element to accommodate that need by income level.

ZZ.Section 17.72.010 is amended as follows:

1. Amend the definition of the “Supportive Housing” use to read as follows:

Housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing , improving the resident’s health status, and maximizing the resident’s ability to live and, when possible, work in the community.

2. Add a definition for “Low Barrier Navigation Center” to read as follows:

A Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while cas e managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.

AAA. Section 17.72.030 is amended as follows:

1. Add a use classification for “Hydrogen Fueling Station” to read as follows:

36 Ordinance No. 23-__ Title 17 Amendments Page 21
The equipment used to store and dispense hydrogen fuel to vehicles according to industry codes and standards that is open to the public.

BBB. Chapter 17.73 is amended as follows:

1. Rename the Chapter as “Definitions”

2. Repeal Section 17.73.010, List of Terms

3. Move the definitions in Section 17.73.020 to Chapter 17.73

4. Repeal Section 17.73.020, Definitions

CCC. The definitions in Chapter 17.73 are amended as follows:

1. Add a definition for “Coordinated Entry System” to read as follows:

A centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.

2. Amend the definition for “Inclusionary Housing In-Lieu Fee” to read as follows:

A monetary exaction or dedication, other than a tax or special assessment, which is required by the City of the applicant in -lieu of constructing affordable units on - site to meet the applicant’s affordable housing obligations through such payment.

The City must deposit the payment in an Affordable Housing Trust Fund.

3. Amend the definition of “Lot Coverage” to read as follows:

Defined in Section 17.03.110, Lot Coverage, as the ratio of the total footprint area of all structures on a lot to the lot area, which is typically expressed as a percentage.

4. Add a definition for “Low Barrier” to read as follows:

Best practices to reduce barriers to entry, and may include, but is not limited to, the following: The presence of partners if it is not a population -specific site, such as for survivors of domestic violence or sexual assault, women, or youth; Pets; the storage of possessions; Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.

5. Amend the definition for “Mobile Home” to read as follows:

37 Ordinance No. 23-__ Title 17 Amendments Page 22
A dwelling structure built on a steel chassis and fitted with wheels that is intended to be hauled, typically to a permanent or semi -permanent site for continuous habitation.

6. Add a new definition for “Supportive Services” that reads as follows:

Include, but are not limited to, a combination of subsidized, permanent housing, intensive case management, medical and mental health care, substance abuse treatment, employment services, and benefits advocacy.

7. Add a new definition for “Target Population” that reads as follows:

Persons, including persons with disabilities, and families who are “homeless,” as that term is defined by Section 11302 of Title 42 of the United States Code, or who are “homeless youth,” as that term is defined Government Code Section 12957(e)(2). Individuals and families currently residing in supportive housing meet the definition of “target population” if the individual or family was “homeless,” as that term is defined by Section 11302 of Title 42 of the United States Code, when approved for tenancy in the supportive housing project in which they currently reside.

SECTION 5 Zoning Map

The existing Zoning Map is repealed and replaced with the Zoning Map as shown in Exhibit A.

SECTION 6 Effect of Amendments

To the extent any provision of this Ordinance repeals , amends, or supersedes any previous approvals, such re peal or replacement will not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring befo re, 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 7 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 8 Codification

The City Clerk shall cause these amendments to be appropriately renumbered and codified in Title 17 of the Goleta Municipal Code on the effective date of this Ordinance.

SECTION 9 Certification of City Clerk
38 Ordinance No. 23-__ Title 17 Amendments Page 23

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 10 Effective Date

This Ordinance shall take effect on the 31st 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
39 Ordinance No. 23-__ Title 17 Amendments Page 24

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. 23-__ 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

40 Ordinance No. 23-__ Title 17 Amendments Page 25

EXHIBIT A

Zoning Map
41 Santa Barbara
Airport
Fairview Ave
Kellogg Ave
El Colegio Rd
Patterson Ave
Mesa Rd
Calle Real
Hollister Ave
Fairview Ave
Calle Real
Storke Rd
Cathedral Oaks Rd
Glen Annie Rd
Hollister Ave

Coal Oil Pt
Goleta Pier
Goleta Pt
rs217£¤101
£¤101
UCSB
Isla Vista
UP RR
Ellwood
Pier
RS-8
RS
RS
RS
RS
RS-8
RS-8
RS
RS-12
RS-8
RS-7
RS
RS-8
RS-7
RS-7
RS-7
RS-7
RS-8
RS-8
RS-10
RS-12 RS-12
RS
RS
RS-7RS-10
RS-

43.6 RS-
20 RS-8
RS-8
RS-10
RS-8
RS
RS
RS-7
RS-10
RS
RS-10
RS-12
RS-
10 RS-20
RS-1.8
RS-20
RS-15
RS-8
RS-20
RS-7
Armas Canyon Rd
Ward Memorial Dr
RS-
7 Los Carneros Rd
RO W
Tecolote Creek
San Jose Creek
San Pedro Creek
Glen Annie Creek
Los Carneros Creek
Las Vegas Creek
Winchester Canyon Creek
Atascadero Creek
Maria Ignacio Creek
Ellwood Canyon Creek
San Antonio Creek
Tecolotito Creek
Devereux Creek
Old San Jose Creek
Bell Canyon Creek
El Encanto Creek
AG-10
AG-5
AG-40
AG-40
AG-5
AG-5

12.3 8
10 8
10 12.3
8 12.8
10 12.3
10 12.3
8 10
8 10
10 10
10 10
10 10
10 10 10
1010
10 10
10 10

12.3 10

12.3 12.3
Pacific Ocean
CG General Commercial
CI Intersection Commercial
CR Regional Commercial
RP Planned Residential
RM Medium Density Residential
RH High Density Residential
RMHP Mobile Home Park
RS Single Family Residential
CC Community Commercial
OT Old Town
VS Visitor Serving Commercial
BP Business Park
OI Office and Institutional
IS Service Industrial
IG General Industrial
PQ Public and Quasi-Public
OSAR Open Space - Active Recreation
OSPR Open Space - Passive Recreation
AG Agricultural
±
0 0.50.25
Miles
Residential Districts Commercial Districts Office and Industrial Districts Other Districts

CITY OF GOLETA ZONING MAP
April 2023
Coastal Zone Boundary
Other Features
Goleta City Boundary
Docum ent P ath: C:\P r o jects\Citi es\Gol eta\zoning\Goleta Zoning M ap 11x17.mxd Adopted by Ord. No. 20-03, 3/3/20
Amended by Ord. No. 21-01, 2/2/21
Amended by Ord. No. 23-XX, x/xx/23
Notes:

1. Labels for RS and AG represent minimum lot size (thousands of square feet).

2. Labels for RP represent maximum residential density (units/acre). 42 Attachment 2

Title 17 Proposed Ordinance Amendments in Track Changes Table (For Reference Purposes Only)
43 Attachment 2: Title 17 Proposed Ordinance Amendments in Tracked Changes Table (For Reference Purposes Only) 1 Citation Revised Text

17.03.060 Dwelling unit density per acre is calculated using total lot area less all areas of public rights-of-way, public easements, floodplains, environmentally sensitive areas, and areas with archaeological or cultural resources .

17.03.070 (B)
Excluded from Floor Area. Floor area does not include mechanical, electrical, and communication equipment rooms; attics; any crawl space or other non-habitable space below finished grade; bay windows or other architectural projections where the vertical distance between the lowest surface of the projection and the finished floor is 30 inches or greater; areas that qualify as restricted open space; and ar eas used required for off-street parking spaces or loading spaces, driveways, ramps between floors of a multi -level parking garage, and maneuvering aisles that are located below the finished grade of the property.

17.03.110
Lot coverage is the ratio of the total footprint area of all structures on a lot to the net lot area, typically expressed as a percentage. The footprints of all principal and accessory structures (including, but not limited to, garages, carports, covered patios, and roofed porches) are summed in order to calculate lot coverage. The following structures are excluded from the total footprint area used in the lo t coverage calculation:

Table 17.07.020
(Large RCFs) CUP
Table 17.07.020
(Supportive
Housing)
See § 17.41.290, Supportive Housing. Subject only to those standards and permit procedures as they apply to other residential dwellings of the same type (use) in the same zone or as allowed pursuant to State law.

17.07.030 …Other specific Rregulations applicable to all zoning districts, including non-residential districts, are in Part IV of this Title.

17.07.040(A)

Maximum Floor Area. No single-unit dwelling or habitable accessory structure may be constructed or expanded unless the proposed structure or expansion complies with the following standards for maximum allowable floor area for all structures on the lot, including garages.

Development that exceeds these floor area standards may be approved subject to Design Review approval by the Design Review Bo ard.

Table 17.08.020
(Low Barrier
Navigation
Centers)
“P” in CC, OT, and CG Districts
“-“ in CR, VS, and CI Districts
In the “Additional Regulations” cell: “See § 17.41.280, Low Barrier Navigation Centers” Table 17.08.020
(Large RCFs_ CU1P
Table 17.08.020
(Supportive
Housing)
See § 17.41.290, Supportive Housing. Subject only to those standards and permit procedures as they apply to other residential dwellings of the same type (use) in the same zone or as allowed pursuant to State law.

Table 17.08.020
(Hydrogen
Fueling
Stations)
“P” in the all Districts
In the “Additional Regulations” cell: “See § 17.41.270, Hydrogen Fueling Stations” Table 17.08.020
(Live/Work) MUP

17.08.030 …Regulations applicable to all zoning multiple districts are in Part IV of this Title. 44 Attachment 2: Title 17 Proposed Ordinance Amendments in Tracked Changes Table (For Reference Purposes Only) 2 Table 17.09.020
(Low Barrier
Navigation
Centers)
“P” in OI District
“-“ in BP District
In the “Additional Regulations” cell: “See § 17.41.280, Low Barrier Navigation Centers” Table 17.09.020
(Large RCFs) CUP
Table 17.09.020
(Supportive
Housing)
Supportive Housing and Transitional Housing: Subject only to those standards permit procedures as they apply to other residential dwellings of the same type (use) in the same zone or as allowed pursuant to State law. See § 17.41.290, Supportive Housing Table 17.09.020
(Transitional
Housing)
Transitional Housing: Subject only to those standards permit procedures as they apply to other residential dwellings of the s ame type (use) in the same zone.

Table 17.09.020
(Hydrogen
Fueling
Stations)
“P” in all Districts
In the “Additional Regulations” cell: “See § 17.41.270, Hydrogen Fueling Stations” Table 17.09.020
(Live/Work) MUP

17.09.030 …Regulations applicable to all zoning multiple districts are in Part IV of this Title.

Table 17.10.020
(Hydrogen
Fueling
Stations)
“P” in both Districts
In the “Additional Regulations” cell: “See § 17.41.270, Hydrogen Fueling Stations”

17.10.030 …Regulations applicable to all zoning multiple districts are in Part IV of this Title.

17.11.030 …Regulations applicable to all zoning multiple districts are in Part IV of this Title.

Table 17.12.020
(Supportive
Housing)
See § 17.41.290, Supportive Housing. Subject only to those standards and permit procedures as they apply to other residential dwellings of the same type (use) in the same zone or as allowed pursuant to State law.

17.12.030 …Regulations applicable to all zoning multiple districts are in Part IV of this Title.

17.24.020(D)(4)
Bus Stops. Santa Barbara Metropolitan Transit District bus stop structures are allowed in front and street side setbacks if the structures meet the standards established in the Santa Barbara Metropolitan Transit District Bus Stop Standards as adopted by the Santa Barbara Metropolitan Transit District Board of Directors.
45 Attachment 2: Title 17 Proposed Ordinance Amendments in Tracked Changes Table (For Reference Purposes Only) 3 17.24.100
A. Permit Requirements.

1. Exempt. The following grading and grubbing activities are exempt from Zoning Permits, pursuant to this Title:
a. Grading on a single lot of less than 50 cubic yards, less than two feet in depth, and not within 500 feet of any ESHA. sensitive habitat or protected resource.
b. Grubbing on a single lot of less than one-half acre and not within 500 feet of any ESHA. sensitive habitat or protected resource….

2. Zoning Clearance. The following grading and grubbing activities require a Zoning Clearance, pursuant to this Title:
a. Grading of less than 50 cubic yards and within 500 feet, but not closer than 300 feet, of any ESHA. sensitive habitat or protected resource….
d. Grubbing less than 500 feet, but not within 300 feet, of any ESHA. sensitive habitat or protected resource.

3. Land Use Permit or Coastal Development Permit. The following grading and grubbing activities require a Land Use Permit or Coastal Development Permit, pursuant to this Title:…
d. Grading or grubbing within 300 feet of, but more than 100 feet from any ESHA. or any other protected resource….

4. Major Conditional Use Permit. The following grading and grubbing activities require a Major Conditional Use Permit pursuant to thi s Title:
a. Grading or grubbing within 100 feet of ESHA. or any other protected resource.

17.24.180
This section establishes development standards for solar energy systems. This Section provides procedures for the review of solar energy systems, where the Building Official finds that solar energy systems could have a specific adverse impact upon the public health or sa fety, consistent with Goleta Municipal Code Section 15.14.070(E).

A. Permit Requirements. Solar energy systems are exempt.

B. Height and Setback. No height or setback standards may be applied to solar energy systems.

A. Exempt. Where the Building Official does not make the finding in Goleta Municipal Code Section 15.14.070(E), the solar energy system is exempt from all standards and requirements of Title 17.

B. Permit Required. Where the Building Official makes the finding in Goleta Municipal Code subsection 15.14.070(E), that a proposed solar energy system could have a specific adverse impact upon the public health or safety, issuance of a Land Use Permit is required.

C. Finding for Approval. The Director shall issue a Land Use Permit for a solar energy system only if the following finding can be made:

1. The proposed solar energy system installation would not have a specific, adverse impact upon the public health or safety.

No additional findings are required for a solar energy system, notwithstanding any other provisions of this Title.

D. Finding for Denial. If the Director denies the project based on the finding in subsection (C)(1) above, the denial shall include a finding by the Building Official that there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact and the b asis for the rejection of potential feasible alternatives of preventing the adverse impact.

Figure

17.24.210(A)(1) NA
46 Attachment 2: Title 17 Proposed Ordinance Amendments in Tracked Changes Table (For Reference Purposes Only) 4 17.24.220(B)
This section provides procedures for the review of electric vehicle (EV) charging stations, as they are defined in GMC Goleta Municipal Code Section 15.20.030, where the Building Official finds that the EV charging station could have a specific adverse impact upon the public health or safety, consistent with Goleta Municipal Code GMC Section 15.20.070(A).

A. Exempt. Where the Building Official does not make the finding in Goleta Municipal Code GMC Section 15.20.070(A), the EV Charging Station is exempt from all standards and requirements of Title 17.

B. Permit Required. Where the Building Official makes the finding in GMC Goleta Municipal Code subsection 15.20.070(A) that a proposed EV charging station could have a specific adverse impact upon the public health or safety, issuance of a Land Use PermitZoning Clearance is required….

D. Finding for Denial. If the Director denies the project based on the finding in subsection (C)(1) above, the denial shall include a finding by the Building Official that there is no feasible method to satisfactorily mitigate or avoid the s pecific, adverse impact and the basis for the rejection of potential feasible alternatives of preventing the adverse impact.

17.29.030
A. Demolition of Multi-Unit Dwellings. In addition to the requirements of subsection (B) below, tThe City will not allow the demolition of any multiple unit dwelling structures unless the project will create at least as many residential dwellings as will be demolished , or the building or structure is exempt from this requirement pursuant to Section 17.29.010, Applicability.

B. New Development Under State LawLoss of Residential Units.

1. Any development on a site that currently has residential uses, or within the past five years has had residential uses tha t have been vacated or demolished, that are or were subject to affordability restrictions as detailed in Government Code Section 65583.2(g)(3), shall replace of all those units affordable to the same or lower income level in accordance with Government Code Section 65583.2(g)(3).

2. In accordance with Government Code Section 66300(d), no housing development project, as defined by California Government Code Section 65589.5(h)(2), that will require the demolition or other loss of legally established residential dwelling units shall be approved unless the project will create at least as many residential dwellings as will be demolished or otherwise lost and no housing development project that will require the demolition of occupied or vacant protected units, as that term is defined in Gove rnment Code Section 66300(d)(2)(F)(vi), shall be approved unless all the requirements of Government Code Section 66300(d)(2) are met . When this subsection applies, all applicable requirements of Government Code Section 66300(d) must be met ….

17.30.030
A. Initial Site Assessment Screening. The City must conduct an initial site assessment screening for all development applications proposals to determine the potential presence of ESHA within 300 feet of the development activity. The initial site assessment screening m ust include a review of reports, resource maps, aerial photographs, site inspection and additional resources as necessary to de termine the presence of ESHA.

B. Biological Study. For any development applications activity within 300 feet of ESHA, or with the potential to adversely impact ESHA, a site - specific biological study must be prepared. The biological study must address a ll relevant General Plan policies and may be peer reviewed, at the Director’s discretion. All costs of the biological study and any peer review are borne by the applicant …

17.30.040(A)(1)
Exception. Where consistent with the provisions of this Section, Nnew Capital Improvement Program projects, public accessways and trails, habitat restoration and enhancement projects when consistent with Sections 17.30.060(G) and 17.54.020(A)(6), and nature education and research activities.

17.30.060(G)
Habitat restoration or enhancement projects that are not subject to Section 17.54.020(A)(6), Zoning Clearance, shall be subject to review and approval of a Minor Conditional Use Permit unless a Development Plan or other approval is already required for a project that includes the habitat restoration or enhancement.
47 Attachment 2: Title 17 Proposed Ordinance Amendments in Tracked Changes Table (For Reference Purposes Only) 5 17.30.070(C)(2)
Upon receipt of an application for an SPA upland buffer reduction, the Director may direct preparation by a City -selected consultant of a Biological Report, an economic/financial analysis and/or any other study or report the Director deems necessary in the Director’s his or her reasonable discretion, at the applicant’s expense, to assist the Review Authority in making the above findings. At the reques t of the Director, the applicant shall provide information that the Director deems necessary, in the Director’s his or her reasonable discretion, to produce the above- referenced studies or reports, including, but not limited to, financial data, land appraisal data, acquisition cost, land dev elopment/construction cost data, prospectuses, and financial/revenue projections. The application will not be deemed complete until the required reports are completed to the Director’s satisfaction.

17.30.070(F)
Notification to Impacted Property Owners. The City shall notify, at a developer’s expense where applicable, all property owners where a development or restoration project will result in a change to the mapped riparian habitat that would lead to a change in the d evelopable area on the owner’s property.

Table

17.38.040(A)
(Single-Unit
Dwellings)
2 covered spaces per dwelling unit. See subsection 17.07.040(B) for exceptions in RS.

Table

17.38.040(A)
(Emergency
Shelters)
1 space per 4 beds at maximum capacity, plus 2 spaces for facility staff. 48 Attachment 2: Title 17 Proposed Ordinance Amendments in Tracked Changes Table (For Reference Purposes Only) 6 17.41.130
Emergency
Shelters
Emergency shelters must be located, developed, and operated in compliance with the following standards where allowed by Part II, Base Zoning District Standards and Allowed Uses:

A. Permit Required. Unless Discretionary Approval of a Conditional Use Permit is required pursuant to Table 17.08.020, a Land Use Permi t is required where Emergency Shelters are allowed.

B. Proximity. No emergency shelter is permitted within 300 feet of a site with an operating emergency shelter.

C. Facilities. The emergency shelter facility must provide sleeping and bathing facilities and one or more of the following specific facilities and services including, without limitation:

1. Child care facilities;

2. Commercial kitchen facilities designed and operated in compliance with California Health and Safety Code Sectio n 113700 et seq.;

3. Dining area;

4. Laundry;

5. Recreation room; and

6. Support services (e.g., training, counseling, etc.).

CD. Number of Residents. Not more than 25 persons may be served on a nightly basis. A shelter operator may request a higher capacity with Discretionary Approval of a Minor Conditional Use Permit by demonstrating that the combined shelter capacit yies in the City is less than the most recent homeless census.

DE. Length of Stay. Maximum length of stay of a person in an emergency shelter is limited to 180 days in any 12 -month period.

F. Hours of Operation. Emergency shelters may operate 24 hours a day to provide sleeping facilities and other facilities and services.

EG. Management. Each emergency shelter must have an on-site management office, with at least one staff member present on duty at all times the emergency shelter is in operation. A minimum of two staff members mu st be on duty when more than 10 beds are occupied.

FH. Security. If required by law enforcement, an emergency shelter must have on -site security staff, with at least one security staff present at all times the emergency shelter is in operation.

GI. Site Design. Client waiting, intake, and pick-up areas must be located inside a building or interior courtyard, or at a rear or side entrance physically and visually separated from public view of adjacent right-of-way with a minimum six-foot tall decorative masonry wall or hedge or similar mature landscaping.

17.41.180
Live/work units must be located, developed, and operated in compliance with the following standards, where allowed by Part II , Base Zoning District Standards and Allowed Uses, of this Title:

A. Permit Required. Where allowed, a Land Use Permit is required.

BA. Nonresidential UsesPermit Required. Work activities in live/work units are limited to uses that are permitted outright or allowed with a Land Use Permit or Conditional Use Permit within the zone district the units are located in.

B. Allowable Uses. Live/work units must contain a residential use but are not required to maintain a “work” or commercial use.

C. Sale or Rental of Live or Work Portions of Unit. No portion of a live/work unit may be separately rented or sold as a commercial space for a person or persons not living on the premises, or as a residential space for a person or persons not working on the premises.

D. Floor Area Distribution. An applicant must submit a floor plan of all proposed units to the City to differentiate areas designated for commercial activities and those areas designated for residential use. Configuration. The nonresidential area shall be limited to the first floor or main floor of the live/work unit. The residential and nonresidential areas of the live/work unit shall be integrated, contigu ous, and accessible from each other.

E. Outdoor Living Area. Common or private outdoor living area must be provided for the use of occupants at a rate of at least 60 square feet per live/work unit. This space may be attached to individual units or located on the roof or adjoining the building in a yard. 49 Attachment 2: Title 17 Proposed Ordinance Amendments in Tracked Changes Table (For Reference Purposes Only) 7 New 17.41.270
Hydrogen Fueling Stations
This section provides procedures for the review of Hydrogen Fueling Stations where the Building Official finds that the Hydrogen Fueling Station could have a specific adverse impact upon the public health or safety.

A. Exempt. Where the Building Official does not make a finding that th e Hydrogen Fueling Station could have a specific adverse impact upon the public health or safety, the Hydrogen Fueling Station is exempt from all standards and requirements of Title 17.

B. Permit Required. Where the Building Official makes a finding th at the Hydrogen Fueling Station could have a specific adverse impact upon the public health or safety, issuance of a Land Use Permit is required.

C. Location. The Hydrogen Fueling Station must be on a parcel that satisfies either of the following:

1. The parcel is zoned for industrial or commercial development and does not contain any residential units, or

2. The parcel was previously developed with service station. For purposes of this subsection, “service station” means any establishment which offers for sale or sells gasoline or other motor vehicle fuel to the public.

D. Standards. Hydrogen Fueling Stations shall meet all of the following, as applicable:

1. Health and safety standards and requirements imposed by State and local permitting authoritie s.

2. Safety and performance standards established by the Society of Automotive Engineers and accredited nationally recognized testing laboratories.

3. Any rules established by the State Air Resources Board, Energy Commission, or Department of Food and Agricu lture regarding safety, reliability, weights, and measures.

4. Guidance established by the Governor’s Office of Business and Economic Development, as outlined in the Hydrogen Station Permitting Guidebook.

D. Finding for Approval. The Director shall issue a Land Use Permit for a Hydrogen Fueling Station if the following findings can be made:

1. The proposed Hydrogen Fueling Station installation would not have a specific, adverse impact upon the public health or safety .

2. The proposed Hydrogen Fueling Station meets the standards of this Section.

No additional findings are required for a Hydrogen Fueling Stations, notwithstanding any other provisions of this Title.

E. Finding for Denial. If the Director denies the project based on a finding in subsection (D) above, the denial shall include a finding by the Building Official that there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact and the basis for the rejection of potential feasible alternatives of preventing the adverse impact.

New 17.41.280
Low Barrier Navigation Centers
Low Barrier Navigation Centers must be located, developed, and operated in compliance with the following:

A. Zone Districts. Low Barrier Navigation Centers are allowed in zone districts that allow mixed -use residential development and any non- residential zone district that allows multi-unit dwellings.

B. Permit Required. A Land Use Permit is required.

C. Use Requirements. The Low Barrier Navigation Center shall:

1. Offer services to connect people to permanent housing through a services plan that identifies services staffing.

2. Be linked to a coordinated entry system, so that staff in the interim facility or staff who co -locate in the facility may conduct assessments and provide services to connect people to permanent housing.

3. Comply with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.

4. Have a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.

D. Processing Timelines. Within 30 days of receipt of an application for a Low Barrier Navigation Center, the City shall notify the applicant whether the application is complete pursuant to Government Code Section 65943. Within 60 days of receipt of a completed appli cation for a Low Barrier Navigation Center, the City shall act upon its review of the application. 50 Attachment 2: Title 17 Proposed Ordinance Amendments in Tracked Changes Table (For Reference Purposes Only) 8 New 17.41.290
Supportive Housing
Supportive Housing must be located, developed, and operated in compliance with the following:

A. General Application of Standards and Procedures. Supportive Housing is subject only to those standards and permit procedures as they apply to other residential dwellings of the same type (use) in the same zone.

B. Ministerial Processing. Notwithstanding subsection (A) above, if the requirements of Government Code Section 65651(a) are met, the following processing requirements apply:

1. Conversion of Existing Development. Supportive Housing that is converted from an existing use in zone districts that allow multiple - dwelling units, including as part of mixed-use developments, a Land Use Permit is required.

2. New Development. Supportive Housing that requires new construction, the procedures and standards of Chapter 17.44, Multiple -Unit and Mixed-Use Objective Design Standards apply.

C. Supportive Services Plan Required. An applicant for a Supportive Housing use subject to this Section shall provide the City with a plan for providing supportive services, with documentation demonstrating that supportive services will be provided onsite to r esidents in the project, as required by Government Code Section 65651, and describing those services, which shall include all of the following:

1. The name of the proposed entity or entities that will provide supportive services.

2. The proposed funding source or sources for the provided onsite supportive services.

3. Proposed staffing levels.

D. Parking Exception. No parking is required for units occupied by Supportive Housing residents if the development is located within one -half mile of a public transit stop. Off-street parking for other units shall comply with the parking requirements for other residential dwellings of the same type (use) in Table 17.38.040(A).

E. Processing Timelines. The City shall notify the applicant whether their Supporting Housing use application is complete within 30 days of receipt of an application to develop supportive housing in accordance with this Section. The City shall complete its review o f the application within 60 days after the application is complete for a project with 50 or fewer units, or within 120 days after the application is complete for a project with more than 50 units.

F. Reduction in Residents. Notwithstanding any other provision of this Section, the City shall, at the request of the project owner, reduce the number of residents required to live in Supportive Housing if the project -based rental assistance or operating subsidy for the Supportive Housing project is terminated through no fault of the project owner, but only if all of the following condi tions have been met:

1. The owner demonstrates that it has made good faith efforts to find other sources of financial support.

2. Any change in the number of supportive service units is restricted to the minimum necessary to maintain project’s financia l feasibility.

3. Any change to the occupancy of the Supportive Housing units is made in a manner that minimizes tenant disruption and only upon the vacancy of any Supportive Housing units.

17.42.010 …The requirements of this chapter apply to all telecommunication facilities within the City, not otherwise regulated by the City, pursuant to Goleta Municipal Code Chapter GMC 12.20, Wireless Facilities in Public Road Rights-of-Way, that transmit and/or receive wireless electromagnetic signals, including, but not limited to, personal communications services (cellular and paging) and radio and television broadcast facilities.

A. These facilities include small and large cell facilities on privately-owned property and wireless facilities on public property not regulated by Goleta Municipal Code Chapter GMC 12.20….

17.42.050(C)(2) The owner or the Owner’s his or her agent shall provide written verification of the removal of the wireless telecommunication facility within 30 days of the date the removal is completed.

17.44 MULTIPLE-UNIT AND MIXED-USE OBJECTIVE DESIGN STANDARDSMultiple-Unit and Mixed-Use Objective Design Standards 51 Attachment 2: Title 17 Proposed Ordinance Amendments in Tracked Changes Table (For Reference Purposes Only) 9 17.44.010(B) Applicability. The provisions of this Chapter apply to the following:

1. Mmultiple-unit residential and mixed-use development in all Zone Districts that qualify for streamlined, ministerial processing pursuant to California Government Code Section 65913.4;

2. Residential development where at least 20 percent of the residential units are affordable to lower-income households that is either:
a. On a vacant parcel that was used in the City’s previous two Housing Element sites inventories to accommodate lower -income units; or b. On a nonvacant parcel that was used in the City’s previous Housing Element sites inventory to accommodate lower-income units; and

3. Any as well as any other multiple-unit or mixed-use development project that qualifies for objective, ministerial review pursuant to State housing law.

17.52.030(A)(2) To the fullest extent allowed by law, any illegal conditions on the subject premises have been remedied or would be remedied as part of the proposed project. Nothing in this provision limits the City’s enforcement options under Chapter 17.69, Enforcement.

17.52.050(C)(5)
Story Poles. All development over 20 feet in height, except for single-unit dwellings and development not requiring a public hearing, shall require story poles that accurately depict the proposed structure(s). When required, story poles must convey size, bulk, and scale and must be installed consistent with the following provisions:…

17.52.050(C)(5)
(a)
The story poles must be satisfactorily installed at least 14 days before the first scheduled public hearing date, unless an earlier date is deemed necessary by the Director and may be removed immediately following the hearing if no formal action is taken .

17.52.100(B)(1)
(a)(iv)
iv. The project is located within the same general location as, and is topographically similar t o, approved plans. The location must not be moved more than ten percent closer to a property line than the originally approved Permit or Plan.

17.52.100(B)(3) Notice and Appeal. Notice must be given at least 10 days prior to the date of the Director’s decision as provided in Section 17.52.050, Common Procedures—Public Notification, and subject to appeal in compliance with Section 17.52.120, Common Procedures—Appeals.

17.52.100(C)(4) Notice and Appeal. Notice must be given at least 10 days prior to the date of the Director’s decision as provided in Section 17.52.050, Common Procedures—Public Notification, and subject to appeal in compliance with Section 17.52.120, Common Procedures —Appeals.

17.52.100
Exception. Changes to previously approved Development Plans for development on a lot with a single -unit dwelling where the proposed development is consistent with the standards in the Development Plan. In such cases where this exception applies, the other p ermitting and approval requirements for development pursuant to this Title apply and the standards of this Title apply unl ess the previously adopted Development Plans specifies different standards, in which case those standards would apply.

17.58.020(B)(5) Electric vehicle charging stations, as they are defined in Goleta Municipal Code GMC Section 15.20.030.

17.58.040(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; and

3. Accessory dwelling units; and

4. 3. Other accessory structures not subject to review by the Design Review Board.

17.59.020(A) Any structural development where another approval requirement is specified under this Title or where the development is exempt pursuant to Chapter 17.53, Exemptions.

17.63.030
A. If an application filed pursuant to this chapter is filed along with an application for an additional approval, permit or entitlement pursuant to this Title, it must be heard and acted upon at the same time, in the same manner, and in accordance with the same procedures, as such additional application. If an application filed pursuant to this chapter is filed along with more than one additional application pursuant to this Title, the Zoning Administrator must determine the appropriate procedure to evaluate the applications.

B. If an application filed pursuant to this chapter is the only application filed by the applicant, Tthe Director must consider and act on the requests for reasonable accommodation.
52 Attachment 2: Title 17 Proposed Ordinance Amendments in Tracked Changes Table (For Reference Purposes Only) 10 17.63.040(B)
Considerations. The following factors must be considered in making a determination regarding an application filed pursuant t o this chapter:

1. Need for the requested modification, including alternatives that may provide an equivalent level of benefit that satis fies the need;

2. Physical attributes of, and any proposed changes to, the subject property and structures;

3. Whether the requested modification would impose an undue financial or administrative burden on the City; and

4. Whether the requested modification would constitute a fundamental alteration of the City’s zoning or building laws, po licies, procedures, or subdivision program.;

5. Whether the requested accommodation would result in a concentration of uses otherwise not allowed in a residential nei ghborhood to the substantial detriment of the residential character of that neighborhood; and

6. Any other factor that may bear on the request.

17.69.030(D)
The City Attorney may, at the City Attorney’s his or her discretion, or upon order of the City Council, immediately commence action or proceedings for the abatement and removal and enjoinment of violations in the manner provided by law, and may take such other steps and may apply to such courts as may have jurisdiction to grant such relief that will abate and remove such use or structure, and may seek to restrain and enjoin any person, firm, or corporation from such use of any property or structure, or from setting up, erecting, buildin g, maintaining, or demolishing any such structure contrary to the provisions of this Title.

17.70.040(H) Affordable Housing Facilities (applicable only to non-residential projects and components of mixed-used projects not subject to Chapter 17.28).

17.71.020
(New)

17.71.020 Development on Sites Used in the City’s Housing Element Sites Inventory A. Applicability. This Section applies where the City approves, by administrative, quasi-judicial, legislative, or other action, development of any parcel with fewer units by income category than identified in the City’s Housing Element for that parcel.

B. Required Finding. The City shall make a written finding, supported by substantial evidence, as to whether or not the remaining sites identified in the City’s Housing Element are adequate to meet the requirements of Government Code Section 65583.2 and to accommodate the City’s share of the regional housing need pursuant to Government Code Section 65584. The finding shall include a quantification of the remaining unmet need for the jurisdiction’s share of the regional housing need at each income level and the remaining capacity of sites identified in the housing element to accommodate that need by income level.

17.72.010
Supportive Housing. Housing with no limit on length of stay, that is occupied by the target population as defined in California Government Code Section 65582, and that is linked to an on-site or off-site service that assists the supportive housing resident in retaining the housing, improving the resident’s his or her health status, and maximizing the resident’shis or her ability to live and, when possible, work in the community.

17.72.010
Low Barrier Navigation Center. A Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.

17.72.030 Hydrogen Fueling Station. The equipment used to store and dispense hydrogen fuel to vehicles according to industry codes and standards that is open to the public.

Chapter 17.73

1. Rename the Chapter as “Definitions”

2. Repeal Section 17.73.010, List of Terms

3. Move the definitions in Section 17.73.020 to Chapter 17.73

4. Repeal Section 17.73.020, Definitions

17.73 Coordinated Entry System. A centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requir ements, designed to coordinate program participant intake, assessment, and referrals.

17.73 Inclusionary Housing In-Lieu Fee. A monetary exaction or dedication, other than a tax or special assessment, which is required by the City of the applicant in-lieu of constructing affordable units on-site to meet the applicant’s his or her affordable housing obligations through such payment.

The City must deposit the payment in an Affordable Housing Trust Fund. 53 Attachment 2: Title 17 Proposed Ordinance Amendments in Tracked Changes Table (For Reference Purposes Only) 11 17.73 Lot Coverage. Defined in Section 17.03.110, Lot Coverage, as the ratio of the total footprint area of all structures on a lot to the net lot area, which is typically expressed as a percentage.

17.73 Low Barrier. Best practices to reduce barriers to entry, and may include, but is not limited to, the following: The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth; Pets; the storage of possessions; Privac y, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.

17.73 Mobile Home. A dwelling structure built on a steel chassis and fitted with wheels that is intended to be hauled, typically to a permanent or semi-permanent site for continuous habitation. Also referred to as “Trailer Coach,” “Park Trailer,” and “Tiny Home.”

17.73 Supportive Services. Include, but are not limited to, a combination of subsidized, permanent housing, intensive case management, medical and mental health care, substance abuse treatment, employment services, and benefits advocacy.

17.73 Target Population. Persons, including persons with disabilities, and families who are “homeless,” as that term is defined by Section 11302 of Title 42 of the United States Code, or who are “homeless youth,” as that term is defined Government Code Section 12957(e) (2). Individuals and families currently residing in supportive housing meet the definition of “target population” if the individual or family was “homeless,” as that term is defined by Section 11302 of Title 42 of the United States Code, when approved for tenancy in the supportive housing project in which they currently reside.

Zoning Map Exhibit A Added.

54 Attachment 3

Notice of Exemption
55 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. 23-0001-ORD)

Project Applicant: City of Goleta

Project Location (Address and APN): Citywide

Description of Nature, Purpose and Beneficiaries of Project:

The proposed amendments to Title 17 (Zoning) of the Goleta Municipal Code address State law consistency, implement the Housing Element 2023 -2031, remedy issues identified during earl y implementation, and provide clarity to the regulations adopted. The topics for these amendments include:

 State law consistency related to Electrical Vehicle Charging Stations, Hydrogen Fueling Stations, Solar Energy Systems, and No Net Loss of Housing.

 Housing Element Implementation related to Density Calculation Methodology , Replacement of Units Lost in Redevelopment , Sites Identified for Lower-Income Housing in a Prior Housing Element(s) , Live/Work Uses , Emergency Shelters , Low Barrier Navigation Centers, Supportive Housing, Large Residential Care Facilities, and Requests for Reasonable Accommodation.

 Minor Revisions related to Lot Coverage Methodology, Maximum Floor Area in the RS District, Bus Stops in Setbacks, Grading and Grubbing, Notification of Enlarged Streamside Protection Areas, Storypoles, Development Thresholds for Substantial Conformity Determinations, and Single-Unit Dwelling Lots and Development Plans.

 Other Clarifying Revisions.

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: Public Resources Code, §21083.3; CEQA Guidelines, §15183)  Other: CEQA Guidelines, §15060(c)(3); §15378(b)(5); §15061(b)(3) 56 NOTICE OF EXEMPTION (NOE)

2 Reason(s) why the project is exempt:

This Ordinance is not subject to the California Environmental Quality Ac t (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 governmen t that will not result in direct or indirect physical changes in the environment.

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 th at can be seen with certainty to have no possibility for causing a significant effect on the environment.

In addition, Public Resources Code Section 21083.3 and State CEQA Guidelines Section 15183 (Projects Consistent with a Community Plan or Zoning) exem pt from further environmental review certain qualifying projects that are consistent with a community plan or zoning. Under this statutory exemption, projects that are consistent with the development density of existing zoning, community plan or General Pl an policies for which an Environmental Impact Report (EIR) was certified shall not require additional CEQA review except as may be necessary to determine whether there are project -specific significant effects that are peculiar to the project or site that would otherwise require additional CEQA review. Specifically, where a prior EIR relied upon by the lead agency was prepared for a General Plan meeting the requirements of State CEQA Guidelines Section 15183, any rezoning action consistent with the General P lan shall be treated as an exempt project pursuant to Section 15183 of the CEQA Guidelines.

Here, the City of Goleta has an existing, adopted General Plan for which an EIR was certified.

The Title 17 Ordinance Amendment is consistent with the existing, a dopted General Plan and its development densities. No project -specific significant effects would occur that are particular to the adoption of the Title 17 Ordinance Amendment. Therefore, no additional CEQA review is required.

City of Goleta Contact Person:

Peter Imhof Director, Planning & Environmental Review Date

57 Attachment 4

Staff Presentation
58 Title 17 Amendments
Ordinance
City Council Hearing
Presentation By:

Anne Wells
Andy Newkirk
May 16, 2023
59 Title 17 (Zoning) of the Goleta Municipal
Code
April 3, 2020: Title 17 Effective Date
October 6, 2020: Round 1 CC Adoption
September 21, 2021: Round 2 CC Adoption
May 17, 2022: Round 3 CC Adoption
May 16, 2023 - City Council 2
60 Public Hearing Agenda
•Suggested Format:
•Staff Presentation
•Council Questions
•Public Comment
•Council Deliberation
•Action on Recommendation
May 16, 2023 - City Council 3
61 State Law Consistency
•Electrical Vehicle Charging Stations
•Permit type, denials
•Hydrogen Fueling Stations
•New use with specific standards
•Solar Energy Systems
•Updated standards, limited review
•No Net Loss Finding
•Added from State law
May 16, 2023 - City Council 4
62 Housing Element Implementation
•Density Calculation Methodology
•From Net to Gross Lot Area
•Replacement of Units Lost in Redevelopment
•Protects below market rate units
•Sites Identified for Lower-Income Housing in a Prior Housing Element(s)
•Streamlined processing required
May 16, 2023 - City Council 5
63 Housing Element Implementation
•Live/Work Uses
•Removal of CUP , modified use standards
•Emergency Shelters
•Revised parking, use standards
•Low Barrier Navigation Centers
•New use added, use standards included
May 16, 2023 - City Council 6
64 Housing Element Implementation
•Supportive Housing
•Use standards added
•No limitation on units for ministerial review proposed •Large Residential Care Facilities
•CUP requirement removed
•Requests for Reasonable Accommodation
•Two factors removed
May 16, 2023 - City Council 7
65 Minor Revisions
•Lot Coverage Methodology
•From Net to Gross Lot Area
•Maximum Floor Area in the RS District
•Return to previous intent of the standard
•Bus Stops in Setbacks
•Allow MTD bus stops
•Grading and Grubbing
•Remove protected resource language covered elsewhere
May 16, 2023 - City Council 8
66 Minor Revisions
•Notification of Enlarged Streamside Protection Areas
•Implement Adopted CWMP
•Story Poles
•Allow removal in between hearings
•Development Thresholds for Substantial Conformity
Determina
tions
•Reinsert fourth threshold, fifth remains omitted
•Single-Unit Dwelling Lots and Development Plans
•Provide procedure for minor changes
May 16, 2023 - City Council 9
67 Clarifications and Clean-Ups
•Variety of revisions of a non-substantive nature
•Highlights:
•Removal of gender pronouns
•Formatting improvements
•Procedural clarifications
May 16, 2023 - City Council 10
68 California Environmental Quality Act
(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 e
ffect on the environment)
•Public Resources Code §21083.3 and CEQA Guidelines
§15183 (impacts already analyz
ed in General Plan EIR)
May 16, 2023 - City Council 11
69 Hearing Steps
•Council Questions
•Public Comment
•Council Deliberation
•Action on Recommendation
May 16, 2023 - City Council 12
70 Staff Recommendation
May 16, 2023 - City Council 13
Introduce and conduct first reading (by title only) and waive further reading of Ordinance No. 23-__, entitled “An Ordinance of the City Council of the City of Goleta,
California, Adopting Various Amendments to Title 17 of the Goleta Municipal Code and Finding the Amendments to be
Exempt from the California Environmental Quality Act.”
71