Agenda Item D.1
PUBLIC HEARING
Meeting Date: December 5, 2023
TO:
FROM:
CONTACT:
SUBJECT:
Mayor and Councilmembers
Peter Imhof, Planning and Environmental Review Director Anne Wells, Advance Planning Manager
Andy Newkirk, Supervising Senior Planner
Veronica Tam, Housing Consultant
Approve (i) Addition of 7264 Calle Real (APN 077-130-006) to Housing Element 2023-2031 Subprogram HE 2.1(a) and the
Technical Appendix Residential Sites Inventory; and (ii) Related Implementing Amendments of (a) the General Plan, and (b) Title 17 (Zoning) of the Goleta Municipal Code, to Facilitate High Density Residential Housing as detailed in Subprogram 2.1(a) at 7264 Call Real (APN 077-130-006) (Case Nos. 21-0002-GPA and 23-0004- ORD)
RECOMMENDATION:
A. Adopt Resolution No. 23 -__, entitled “A Resolution of the City Council of the City of Goleta, California, Adding 7264 Calle Real (APN 077 -130-006) to Housing Elemen t 2023-2031 Subprogram HE 2.1(a) and the Technical Appendix Residential Sites Inventory (Case No. 21-0002-GPA).”
B. Adopt Resolution No. 23 -__, entitled “A Resolution of the City Council of the City of Goleta, California, Adopti ng Amendments to the General P lan to Facilitate High Density Residential Development at 7264 Calle Real (APN 077 -130-006) (Case No. 21-0002-GPA).”
C. 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, Amending Title 17 (Zoning) of the Goleta Municipal Code to Change the Zone District and Standards for 7264 Calle Real (APN 077 -130-006) (Case No. 23 - 0004-ORD).”
D. Make a determination that because a CEQA Addendum was considered as part of a separate action, no further environmental review is required for Resolution No. 23-__, Resolution 23 -__, and Ordinance No. 23 -__ pursuant to Public Resources Code section 21166 and State CEQA Guidelines section 15162.
1 Meeting Date: December 5, 2023
BACKGROUND:
Housing Element 2023-2031
State law requires each jurisdiction in Santa Barbara County to prepare a comprehensive update to the Housing Element of the General Plan for the 2023 -2031 planning period (also referred to as the “6 th planning cycle”). A finding by the California Department of Housing and Community Development ( “HCD”) that a Housing Element substantially complies with State law is referred to as “certification” of the Housing Element.
Certification is important to enhance the City’s eligibility for grant funds and to support local land use authority.
The City adopted the Housing Element 2023-2031 on January 17, 2023. At the time, the Housing Element 2023 -2031 was deemed exempt from environmental review under CEQA, pursuant to State CEQA Guidelines Section 15061(b)(3) (14 Cal. Code Regs.
Section 15061(b)(3)).
However, upon receiving comments from HCD on the adopted Housing Element 2023 - 2031, the City prepared amendments to the adopted document. These amendments , among other things, include the rezoning of 12 sites to facilitate additional housing development within the City. One of the parcels identified for rezoning (7264 Calle Real (APN 077-130-006) is the subject of this staff report.
Segmentation
In order to comply with segmentation requirements under the Political Reform Act for public officials who have a conflict of interest in a governmental decision and because there is a conflict on the property located at 7264 Calle Real (APN 077 -130-006), staff recommends that the City Council, with the recusal of the conflicted City Councilmember, adopt a resolution adding 7264 Calle Real (APN 077-130-006) to Housing Element 2023- 2031 subprogram HE 2.1(a) and the Residential Sites Inventory and make an associated amendment to the General Plan and adopt an ordinance to amend Title 17 related to 7264 Calle Real (APN 077-130-006). The actions taken as part of this item in relation to 7264 Calle Real (APN 077 -130-006) are contingent upon the City Council’s adopt ion of the Housing Element 2023 -2031 amendments and relevant General Plan amendments by resolution and Title 17 amendments by ordinance to implement the Housing Element 2023-2031 amendments.
DISCUSSION:
The amended Housing Element 2023 -2031 includes Program HE 2.1, entitled “Encourage a Diverse Range of New Housing.” Subprogram HE 2.1(a) includes changes to several parcels’ land use designation (in the General Plan) and zoning (in Title 17 of the Goleta Municipal Code). Due the need for segmentation under the Political Reform Act, separate actions are needed to change the land use designation and zoning at 7264 Calle Real (APN 077-130-006) from a combination of Single-Family Residential (RS) and 2 Meeting Date: December 5, 2023
Agriculture (AG) to High-Density Residential (RH). Subprogram HE 2.1(a) also includes the following language related to this site:
Development Cap: Development of the 9.85-acre parcel 077-130-006 (7264 Calle Road, Kenwood Village) is capped at 190 units, estimated at the minimum density of 20 units per acre. This cap is proposed to recognize the site characteristics, the need to provide adequate buffer from adjacent uses, the need to accommodate site access, and to allow for innovative site planning techniques. Clustering of density will be allowed within portions of the site, provided that the product types must be consistent with the density range of 20 to 30 units per acre.
For the sites, HE 2.1(a) includes a requirement that the minimum residential density on the site must be 20 dwellings units per acr e (as opposed to 15 dwelling units per acre normally required in RH). Associated with these changes in subprogram H E 2.1(a) is an update to the Sites Inventory within the Housing Element 2023 -2031 to reflect these changes. The inclusion of 7264 Calle Real (APN 077-130-006) in subprogram HE 2.1(a) and the Housing Element 2023-2031 Technical Appendix is provided for in Attachment 1.
This policy change in the Housing Element 2023 -2031 related to 7264 Calle Real (APN 077-130-006) requires additional revisions to the General Plan (in the Land Use Element and Open Space Element) (see Attachment 2) and to Title 17 (see Attachment 3). These are detailed below:
Land Use Element
o A change in the land use designation in Figure 2.1, Land Use Plan Map, to change the designation of the parcel from RS/AG to RH.
o An amendment to subpolicy LU 2.7, entitled High -Density Residential (R - HD) to detail the development cap on the parcel.
Open Space Element
o A change to Figure 3 -5, Open Space Plan Map, to remove the Agriculture designation on the parcel, consistent with the amendment to Figure 2 -1 detailed above.
Title 17
o A new subsection 17.07.030(F) is created, entitled “Increased Minimum Density, RH District.” This section identifies parcels where the minimum density required is 2 0 dwelling units per acre (as opposed to 15 units per acre that is typical in RH ). Parcels to be included in this subsection are parcels proposed for rezoning to RH as part of the Housing Element 2023- 2031 amendments. Note that the minimum density of 20 un its per acre for these sites is a requirement of state law. A specific listing of 7264 Calle Real (APN 077-130-006) is included in this new subsection.
o A new subsection 17.07.050(D) is created, entitled “Reduced Development Acreage.” This subsection is sp ecific for 7264 Calle Real (APN 077 -130- 3 Meeting Date: December 5, 2023
006) and limits the developable area for the parcel to 6.33 acres. This is included to ensure the cap of 190 units and density of 20-30 units per acre on the site are adhered to. Under this provision, the potential residential unit development on the site ranges from 127-190 units.
Zoning Map
o A change the Zone District for 7264 Calle Real (APN 077 -130-006) from a combination of RS/AG to RH, mirroring the change to Figure 2-1 of the Land Use Element.
ENVIRONMENTAL REVIEW:
The City Council has, by separate action taken on December 5, 2023, adopted an Addendum to the Environmental Impact Report on the Goleta General Plan/Coastal Land Use Plan, which was certified in October 2006 by the City Council (State Clearinghouse No. 2005031151). The Addendum analyzed the environmental impacts of the actions taken as part of the resolutions and ordinance attached to this staff report. Adopting the Addendum satisfied the City Council’s obligations under the California Environmental Quality Act (“CEQA”) with respect the amendments related to 7264 Calle Real (APN 077- 130-006) and none of the conditions in Public Resources Code section 21166 or State CEQA Guidelines section 15162 apply.
NEXT STEPS:
Any adopted General Plan amendments would become effective immediately with no further action required. City Council would need to conduct a second reading of the Title 17 amendments prior to those amendments becoming effective.
FISCAL IMPACTS:
Staff time for the proposed amendments are included in the Advance Planning Work Program for Fiscal Year 2023 -24. Consultant costs for the project are funded by a Regional Early Action Planning Grant in the amount of $195,386.
ALTERNATIVES:
The City Council may choose not to take action on one or any of the recommendations.
However, doing so would require reevaluation of the Addendum and the potential for certification of the Housing Element 2023-2031.
Reviewed By: Legal Review By: Approved By:
___________________ ___________________ _________________ Kristine Schmidt Megan Garibaldi Robert Nisbet
Assistant City Manager City Attorney City Manager 4 Meeting Date: December 5, 2023
ATTACHMENTS:
1. Resolution No. 23-__, entitled “A Resolution of the City Council of the City of Goleta, California, Adding 7264 Calle Real (APN 077 -130-006) to Housing Element 2023 - 2031 Subprogram HE 2.1(a) and the Technical Appendix Residential Sites Inventory (Case No. 21-0002-GPA).”
2. Resolution No. 23-__, entitled “A Resolution of the City Council of the City of Goleta, California, Adopting Amendments to the General Plan to Facilitate High Density Residential Development at 7264 Calle Real (APN 077-130-006) (Case No. 21-0002- GPA)
Exhibit A: Amended Open Space Element Figure 3-5, Open Space Plan Map
3. Ordinance No. 23-__, entitled, “An Ordinance of the City Council of the City of Goleta, California, Amending Title 17 (Zoning) of the Goleta Municipal Code to Change the Zone District and S tandards for 7264 Calle Real (APN 077 -130-006) (Case No. 23 - 0004-ORD)”
4. Staff Presentation
5 Attachment 1
Resolution No. 23 __, entitled “A Resolution of the City Council of the City of Goleta, California, Adding 7264 Calle Real (APN 077-130-006) to Housing Element 2023-2031 Subprogram HE 2.1(a) and the Technical Appendix Residential Sites Inventory (Case No. 21-0002- GPA)”
6 Resolution 23-__ 7264 Calle Real (APN 077-130-006) in HE RESOLUTION NO. 23-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GOLETA, CALIFORNIA, ADDING 7264 CALLE REAL (APN 077-
130-006) TO HOUSING ELEMENT 2 023-2031 SUBPROGRAM
HE 2.1(A) AND THE TE CHNICAL APPENDIX RES IDENTIAL
SITES INVENTORY (CASE NO. 21-0002-GPA)
WHEREAS State law requ ires each city in California to adopt a General Plan, which includes a Housing Element; and
WHEREAS jurisdictions within Santa Barbara County are required to prepare an update to their Housing Elements for th e 2023-2031 (6th Cycle) planning period; and
WHEREAS, on July 15, 2021 , the Santa Barbara County Association of Governments ad opted the 2023 -2031 Re gional Hous ing Needs Allocation (“RHNA”) Plan, which assigned a regional housing need of 1,837 housing units to the City of Goleta (“City”); and
WHEREAS, on January 17, 2023 , after extensive public outreach and Planning Commission and City Council input, the City Council considered the entire administrative record for the 6th Cycle Revised Draft Housing Elem ent 2023-2031, in cluding staff reports, California Department of Housing and Community Development ( “HCD") comments, and all written and or al testimony offered at and prior to the public hearing and adopted the Revised Draft Housing Element 2023-2031; and
WHEREAS, on January 23, 2023, staff submitted the Housing Element 2023-2031 to HCD for its 60-day review; and
WHEREAS, on March 20, 2023, the Ci ty received HCD’s comments on the Housing Element 2023-2031. HCD determined that it complied with most, but not all, requirements of state Housing Element law and, for these reasons, did not certify the Housing Element submitted; and
WHEREAS, in July 2023, City staff and the City ’s housing element consultant facilitated three City Co uncil and Planning Commiss ion joi nt study sessions to address HCD comments on the Housing Element 2023 -2031’s inventory of sites. In response to study session feedback, City staff and the consultant further revised the Housing Element 2023-2031 to include the rezoning of sites to meet mandatory RHNA requirements; and
WHEREAS, included in the sites the City Council and Planning Commission discussed to be included in the rezoning program , was 7264 Calle Real (APN 077-130-006); and
7 Resolution 23-__
7264 Calle Real (APN 077-130-006) in HE
Resolution 23-__ 7264 Calle Real (APN 077-130-006) in HE WHEREAS, on November 15, 2023, the Planning Commission adopted Resolution 23-__, recommending to the City Council adoption of an Addendum to the Goleta General Plan/Coastal Land Use Plan Environmental Impact Report (“EIR”) (St ate Clearingho use No. 2005031151), which was certified in October 2006 by the City Council. The Addendu m analyzed the environmental impacts of the actions taken in this Resolution. Adopting the resolution recommending adoption of the Addendum satisfied the Planning Commission’s obligations under the California Environmental Quality Act (“CEQA”) with respect to its recommendation to the City Council regarding amendments to the Housing Element 2023-2031 to include 7264 Calle Real (APN 077 -130-006) in subprogram HE 2.1 (a) and the Res idential Sites I nventory and none of the conditions in Public Resources Code se ction 21166 or S tate CEQA Guidelines section 15162 apply; and
WHEREAS the Planning Commission conducted a duly noticed public hearing on November 13 and 15, 2023 regarding 7264 Calle Real (APN 077-130- 006) inclusion i n the H ousing Element 2023 -2031, at which time all interested persons were given an opportunity to be heard; and
WHEREAS, on November 1 5, 2023, the Planning Commission adopted Resolution 23 -__, recommending to the City Council inclusion 7264 Calle Real (APN 077 -130-006) in Housing Element 202 3-2031 subprogram HE 2.1(a) and the Residential Sites Inventory; and
WHEREAS the City Council has, by separate action taken on December 5, 2023, adopted an Addendum to the Goleta General Plan/Coastal Land Use Plan Environmental Impact Report (“EIR”) (St ate Clearinghouse No. 2005031151), which was certified in October 2006 by the City Council. The Addendum an alyzed t he environmental impacts of the actions taken in this Resolution. Adopting the Addendum satisfied the City Council’s obligations under the California Environmental Quality Act (“CEQA”) regarding amendments to the Housing Element 2023-2031 to include 7264 Calle Real (APN 077 -130-006) in subprogram HE 2.1 (a) and the Res idential Sites I nventory and none of the conditions in Public Resources Code sect ion 21166 or S tate CEQA Guidelines section 15162 apply. Thus, no further environmental review is required as adoption of this Res olution falls within the scope o f the ad opted Addendum and previously certified EIR; and
WHEREAS the City C ouncil conducted a du ly noticed public hearing on December 5, 2023 regarding inclusion of 7264 Calle Real (APN 077 -130-006) in the Housing Element 2023 -2031, at which time all interested persons were given an opportunity to be heard; and
WHEREAS the City Council considered the entire administrative record, including the staff report (and all attachments thereto), the General Plan, the staff presentation, and oral and written testimony from interested persons;
8 Resolution 23-__
7264 Calle Real (APN 077-130-006) in HE
Resolution 23-__ 7264 Calle Real (APN 077-130-006) in HE
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF GOLETA, AS FOLLOWS:
SECTION 1. Recitals
The City Council hereby finds and determines that the recitals above are true and correct and are each incorporated by reference and adopted as findings by the City Council.
SECTION 2. General Plan Amendment Findings
The addition of 7264 Calle Real (APN 077 -130-006) to the H ousing Element 2023-2031 amends the City’s General Plan / Coastal Land Use Plan. Accordingly, pursuant to Goleta Municip al Code subsection
17.67.050(C), the City Council hereby finds as follows:
(a) The amendment is consistent with the gui ding principles and goals of the General Plan.
Most pointedly, the Land Use Element includes 11 Guiding Principles and Goals for the land use plan of the General Plan. Five of t hese Principles and Goals are specifically relevant to including 7264 Calle Real (APN 077 -130-006) in the Housing Element 2023 -2031. These are shown below:
1. Ensure that the amounts, locations, and characteristics of new development are determined in a manner that wi ll preserve sens itive habitats and other natural resources.
3. Preserve agricultural lands to allow future potential for agricultural production, including a locally grown food supply, specia lty agriculture, and floriculture.
6. Maintain a balance d community, with an appr opriate mix of residences, workplaces, and services.
7. Maintain an appropriat e balan ce between job -generating development and housing supply.
8. Maintain a balance o f housing types, de nsities, and sizes and ensure creation and mai ntenance of quality, livable residential environments.
Adding 7264 Cal le Real (APN 077 -130-006) in the Housing Element 2023-2031 seeks to address needed housing, of various types, bas ed on a review of state law requirements, fai r housing data, demographic information, and in put from the public through an extensive public outreach process. Such actions and policies seek to ensure a balanced community with an appropriate mix of housing type s to accommodate the ne eds of the community. This includes programs to 9 Resolution 23-__
7264 Calle Real (APN 077-130-006) in HE
Resolution 23-__ 7264 Calle Real (APN 077-130-006) in HE provide significant additional housing potential within the City to address the housing needs of the community through changes in land uses and development allowances related to housing projects.
Adding 7264 Calle Real (APN 077 -130-006) in the Housing Element 2023-2031 is considerate of protecting agricultural lands protected by Land Use Element subpolicy 7.5 (City of Goleta Heritage Farmlands) in alignment with Principle and Goal #1.
Development at 7264 Cal le Real (APN 077 -130-006) will need to adhere to resource protectio n policies in the General Plan and the City’s zoni ng regulations, ensuring preservation of se nsitive habitats and other natural resources. No c hanges for 7264 Calle Real (APN 077-130-006) allow for the avoidance of such policies.
For these reasons , adding 7264 Calle Real (APN 077 -130-006) in the Housing Element 2023 -2031 is consistent with the guiding principles and goals of the General Plan.
(b) The amendment is deemed to be in the public interest.
The City is adopting amendments to the Element 2023-2031, including adding 7264 Calle Real (APN 077 -130-006) to subprogram HE 2.1(a) and the R esidential Sites Inventory, to comply with state law, which requires th e City to update the Housi ng Element every eight years .
Having a certified Housing Element is critical t o address various requirements of state law and enhance the City’s eligibility for grant funds and to support the City’s local land use authority.
Adding 7264 Calle Real (APN 077 -130-006) to the Housing Element 2023-2031 is the product of extensive public outreach and analysis of housing trends and is sues, including fair housing issues, within the City. The City’s outreach efforts and analysis o f housin g data and conditions is shown in th e Tech nical Appendix. Given t he fore going, adding 7264 Calle Real (A PN 077 -130-006) in the Housing Element 2023-2031 addresses the public’s concer ns and needs related to housing within the City.
For these reasons, adding 7264 Calle Real (APN 077 -130-006) in the Housing Element 2023-2031 is in the public interest.
SECTION 3. City Council Action
The City Council hereby adds 7264 Calle Real (APN 077 -130-006) to Housing Element 2023 -2013 subp rogram HE 2.1 (a) and the Residential 10 Resolution 23-__
7264 Calle Real (APN 077-130-006) in HE
Resolution 23-__ 7264 Calle Real (APN 077-130-006) in HE Sites Inventory, contingent upon a separate action of the City Council adopt the Housing Element 2023-2031.
SECTION 4. Certification
The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
SECTION 5. Effective Date
This resolution shall become effective immediately upon its adoption.
SECTION 6. Severability
If any section, sentence, clause or phrase of this resolution or the application thereof to a ny entity, person o r circumstance is held for any reason to be invalid or unco nstitutional by a court of competent jurisdiction, suc h inv alidity o r unconstitutionality shall not affect other provisions or applications of this resolution that can be given effect without the invalid provision or application, a nd to this end the pr ovisions of this resolution are severable . The City Council hereby declares tha t it would have adopted this resolution and each section, sentence, clause or phrase thereof, irrespective of the fact tha t any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
11 Resolution 23-__
7264 Calle Real (APN 077-130-006) in HE
Resolution 23-__ 7264 Calle Real (APN 077-130-006) in HE 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
12 Resolution 23-__
7264 Calle Real (APN 077-130-006) in HE
Resolution 23-__ 7264 Calle Real (APN 077-130-006) in HE
STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA ) ss.
CITY OF GOLETA )
I, DEBORAH S. LOPEZ, City Clerk of th e City of Goleta, California, DO HEREBY CERTIFY that the foregoing Resolution No. 23-__ was duly adopted by the City Council of the City of Goleta a t a regular meeting held on the ___ day of ______, 2023 by the following vote of the City Council:
AYES:
NOES:
ABSENT:
(SEAL)
_________________________
DEBORAH S. LOPEZ
CITY CLERK
13 Attachment 2
Resolution No. 23 __, entitled “A Resolution of the City Council of the City of Goleta, California, Adopting Amendments to the General Plan to Facilitate High Density Residential Development at 7264 Calle Real (APN 077-130-006) (Case No. 21-0002-GPA)”
14 RESOLUTION NO. 23-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GOLETA, CALIFORNIA, ADOPTING AMENDMENTS TO THE
GENERAL PLAN TO FACI LITATE HIGH DENSITY
RESIDENTIAL DEVELOPM ENT AT 7264 CALLE RE AL (APN
077-130-006) (CASE NO. 21-0002-GPA)
WHEREAS the Ci ty of Goleta’s General Plan / Coastal Land Use Plan (“General Plan ”) i ncludes a Land Use Element, Open Space Element, and Housing Element among other elements; and
WHEREAS the Planning Commission conducted a duly noticed public hearing on November 13 and 15, 2023 to consider amendments to the Housing Element 2023-2031 at which time all interested persons were given an opportunity to be heard . Following the public h earing, the Planning Commission recommended, on No vember 15, 202 3, that the City Counc il adopt the amendments to the Housing Element 2023-2031; and
WHEREAS, among other things, the amended Housing El ement 2023- 2031 includes Implementation Programs. Among these Programs is Program HE
2.1, entitled “Encourage a Diverse Range of New Housing”; and
WHEREAS the Planning Commission recommended to City Council the inclusion of 7264 Calle Real (APN 077-130-006) in Housing Element subprogram HE 2.1(a) and the Residential Sites Inventory; and
WHEREAS subprogram HE 2.1(a) include s an implementation timefram e of February 15, 2024; and
WHEREAS subprogram HE 2.1(a) requires land use designation chang e and text amendments in the Land Use Element and an amendment in the Open Space Element to change the allowable residential development on 7264 Calle Real (APN 077-130-006); and
WHEREAS, on November 15, 2023, the Planning Commission adopted Resolution 23-__, recommending to the City Council adoption of an Addendum to the Goleta General Plan/Coastal Land Use Plan Environmental Impact Report (“EIR”) (St ate Clearing house No. 2005031151), which was certified in October 2006 by the City Council. The Addendum an alyzed the environmental impacts of the actions taken in this Resolution. Adopting the resolution recommending adoption of the Addendum satisfied the Planning Commission’s obligations under the California Environmental Quality Act (“CEQA”) with respect to its recommendation to the City Council regarding General Plan amendments to facilitate high density residential development at 7264 Calle Real (APN 077 -130- 006) in accordance with subprogram HE 2.1 (a) and none of the conditions in Public Resources Code section 21166 or S tate CEQA Guidelines section 15162 15 Resolution 23-__
7264 Calle Real (APN 077-130-006) GPAs
Reso. 23-___ 7264 Calle Real (APN 077-130-006) GPAs
apply. Thus, no further environmental review is required as adoption of this Resolution falls within the scope of the ad opted Addendum and previously certified EIR; and
WHEREAS the Planning Commission conducted a duly noticed public hearing on November 13 and 15, 2023 regarding 7264 Calle Real (APN 077-130- 006) General Plan amendments to implement subprogram HE 2. 1(a), at which time all interested persons were given an opportunity to be heard; and
WHEREAS, on November 15, 2023, the Planning Commission adopted Resolution 23-__, recommending to the City Council 7264 Calle Real (APN 077 - 130-006) General Plan amendments to implement subprogram HE 2.1(a); and
WHEREAS, the City Council has, by separate action taken on December 5, 2023, adopted an Addendum to the Goleta General Plan/Coastal Land Use Plan Environmental Impact Report (“EIR”) (St ate Clearingho use No. 2005031151), which was certified in October 2006 by the City Council. The Addendum an alyzed t he environmental impacts of the actions taken in this Resolution. Adopting the Addendum satisfied the City Council’s obligations under the California Environmental Quali ty Act (“CEQA”) regarding 7264 Calle Real (APN 077 -130-006) General Plan amendments to implement subprogram HE
2.1(a), and none of the conditions in Public Resources Code section 21166 or State CEQA Guidelines section 15162 apply. Thus, no further environm ental review is required as adoption of this Res olution falls within the scope o f the adopted Addendum and previously certified EIR; and
WHEREAS the City C ouncil conducted a duly noticed public hearing on December 5, 2023, regarding 7264 Calle Real (APN 0 77-130-006) General Plan amendments to implement subprogram HE 2.1 (a), at which time all interested persons were given an opportunity to be heard; and
WHEREAS the City Council considered the entire administrative record, including the staff report (and all attachments thereto), the General Plan, the staff presentation, and oral and written testimony from interested persons;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF GOLETA, AS FOLLOWS:
SECTION 1. Recitals
The City Council hereby finds and de termines that the recitals above are true and correct and are each incorporated by reference and adopted as findings by the City Council.
SECTION 2. Required Findings for General Plan Amendments
16 Resolution 23-__
7264 Calle Real (APN 077-130-006) GPAs
Reso. 23-___ 7264 Calle Real (APN 077-130-006) GPAs
The changes to the Land Use Element and Open S pace Element regarding 7264 Calle Real (APN 077 -130-006) amends the City’s General Plan / Coastal Land Use Plan. Accordin gly, pursuant to Goleta Municipal Code subsection 17.67.050(C), the City Council hereby finds as follows:
(a) The amendment is consistent with the guiding principles and goals of the General Plan.
Most pointedly, the Land Use Element includes 11 Guiding Principles and Goals for the land use plan of the Gene ral Plan . F ive of these Principles and Goal s are specifically relevant to the amendments related to 7264 Calle Real (APN 077 -130-006). T hese are shown below:
1. Ensure that the amounts, l ocations, and char acteristics of new development are determined in a manner that will preserve sensitive habitats and other natural resources.
3. Preserve agricultural lands to allow future potential for agricultural production, including a locally grown food supply, specia lty agriculture, and floriculture.
6. Maintain a balanced community, with an appropriate mix of residences, workplaces, and services.
7. Maintain an appropriate balance between job -generating development and housing supply.
8. Maintain a b alance of h ousing types, densities, and sizes and ensure creation and ma intenance of quality, livable r esidential environments.
The Land Use Elemen t and Open Space Element amendments seek to address needed housing, of various types, based on a review of state law requirements , f air housing data, demograp hic infor mation, and input f rom the public through an extens ive public outreach process. The amendments seek to ensure a balance d community with an appropriate mix of housing types to accommodate the needs of the community. This includes amendments to provide significant additional housing potential within t he City to address the housing needs of the community through changes in land uses and development allowances related to housing projects.
The amendments related to 7264 Calle Real (APN 077 -130-006) are considerate of protecting agricultural lands protected by Land Use Element subpolicy 7.5 (City of Goleta Heritage Farmlands) in alignment with Principle and Goal #1.
Development at 7264 Calle Real (APN 077 -130-006) will need to adhere to resource protection policies in the General P lan and the 17 Resolution 23-__
7264 Calle Real (APN 077-130-006) GPAs
Reso. 23-___ 7264 Calle Real (APN 077-130-006) GPAs
City’s zoning regulations, ensuring preservation of sensi tive habitats and other natural resources. No chan ges included in the amendments allow for the avoidance of such policies.
Additionally, one of the four main purposes of the General Plan is to provide a u nified and coherent framework and vis ion for the fu ture of the community. By implementing the General Plan amendments identified in th e Housing Elemen t 2023 -2031, the Cit y ensures a unified vision, particularly considerate of future housi ng development, thought all elements of the General Plan.
For these reasons, these General Plan amendments are consist ent with the guiding principles and goals of the General Plan.
(b) The amendment is deemed to be in the public interest.
The amendments related to 7264 Calle Real (APN 077-130-006) serve to facilitate a dditional housing development during the eight-year Housing Element 2023 -2031 planning perio d. Additional housing, including ad ditional below market rate hou sing, will help address issues iden tified in the Housing Element 2023 -2031 Technical Appendix such as cos t overburden, overcrowded households, and the need to commute from outside the City to jobs wit hin the City, thereby benefiting residents and employees within the City.
The amendments related to 7264 Calle Real (APN 077 -130-006) implement the amendments to the Housing Element 2023 -2031, thereby implementing requirements for cons istency with State housing law. Additionally, these ame ndments are needed to facilitate future housing development. Without these amendments, the City risks losing local regulatory authority over certain housing projects in the future.
For these reasons, these General Plan amendments are in the public interest.
SECTION 3. City Council Action.
If the City C ouncil adopts the Housing Element 2023 -2031 by sep arate action, the City Council takes the following actions:
(a) Amend General Plan Land Use Element Figure 2 -1, Land Use Plan Map as follows:
1. Change the Land Use De signation for 7264 Calle Real (APN 077 - 130-006) from Single-Family Residential (RS) and Agriculture (AG) to High Density Residential (R-HD).
18 Resolution 23-__
7264 Calle Real (APN 077-130-006) GPAs
Reso. 23-___ 7264 Calle Real (APN 077-130-006) GPAs
(b) Amend General Plan Land Use Element subpolicy LU 2.7 to add the following text:
The R -HD land use desig nation includes APN 077 -130-006. The following applies to this parcel: A development cap of 190 dwelling units and where the development occurs on the site, the residential density must be a minimum of 20 units per acre.
(c) Amend Open Space Element Figure 3-5, Open Space Plan Map, to as shown in Exhibit “A,” attached hereto and incorporated herein by reference.
SECTION 4. Certification
The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
SECTION 5. Effective Date
This resolution shall become effective immediately upon its adoption.
SECTION 6. Severability
If any section, sentence, clause or phrase of this resolution o r the application the reof t o any entity, person or circumstance is held for any reason to be invalid or unco nstitutional by a court of competent jurisdiction, suc h i nvalidity or u nconstitutionality shall not aff ect other provisions or applications of this resolution that can be given effect without the invalid prov ision or application, and to this end the provisions of this resolution are severable . The City Council hereby declares tha t i t would have adopted this resolution and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
19 Resolution 23-__
7264 Calle Real (APN 077-130-006) GPAs
Reso. 23-___ 7264 Calle Real (APN 077-130-006) GPAs
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
20 Resolution 23-__
7264 Calle Real (APN 077-130-006) GPAs
Reso. 23-___ 7264 Calle Real (APN 077-130-006) GPAs
STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA ) ss.
CITY OF GOLETA )
I, DEBORAH S. LOPEZ, City Clerk of the C ity of Goleta, California, DO HEREBY CERTIFY that the foregoing Resolution No. 23-__ was duly a dopted by the City Council of the City of Goleta at a regular meeting held on the ___ day of ______, 2023 by the following vote of the City Council:
AYES:
NOES:
ABSENT:
(SEAL)
_________________________
DEBORAH S. LOPEZ
CITY CLERK
21 Attachment 2, Exhibit A
Amended Open Space Element Figure 3-5, Open Space Plan Map 22 n
n
n
nn
n
n
n
n
n
n
n
UCSB
Isla Vista
Union Pacific RR
Cathedral Oaks Rd
Old San Jose Creek
Santa Barbara Airport
Hollister Ave
Glen Annie Rd
Cathedral Oaks Rd
Storke Rd
Calle Real
Fairview Ave
Phelps Rd
Hollister Ave
Hollister Ave
Calle Real
Mesa Rd
Patterson Ave
La Patera Ln
El Colegio Rd
Los Carneros Rd
Kellogg Ave
Fairview Ave
Goleta Slough
Devereux Slough
Campus Lagoon
Los Carneros
Lake
Rancho Goleta
Lake
San Jose Creek
San Pedro Creek
Tecolote Creek Glen Annie Creek
Las Vegas Creek
Los Carneros Creek
Maria Ignacio Creek
Ellwood Canyon Creek
Winchester Canyon Creek El Encanto Creek
Bell Canyon Creek
Atascadero Creek
Devereux Creek
San Antonio Creek
Goleta Pt
Goleta Pier
Coal Oil Pt
Ellwood
Pier
£¤101
£¤
101
rs217
Pacific Ocean
Figure 3-5
OPEN SPACE PLAN MAP
GENERAL PLAN/COASTAL LAND USE PLAN
November 2023
±
0 1,200 2,400
Feet
Open Space for Managed
Production of Resources
Open Space for Public
Health and Safety
Flood Plain(See Note)
Tsunami Run-up Areas(See Note)
Agriculture
Other Features
Schoolsn
Creeks
Coastal Zone
Goleta City Boundary
Tsunami run-up areas and flood plain information are shown in Safety Element Figure 5-2.Note:Legend Open Space for Outdoor Recreation
Open Space for Preservation
of Natural Resources
Active Park Sites
Passive Parks /Open Space Areas
Private Recreational Areas
Environmentally Sensitive Habitat Areas
Amended by Reso. 09-59, 11/17/09
Amended by Reso. 12-46, 7/17/12
Amended by Reso. 15-03, 1/20/15
Amended by Reso. 17-46, 10/17/17
Amended by Reso. 23-12, 3/7/23
Amended by Reso. 23-XX, XX/XX/23
23 Attachment 3
Ordinance No. 23-__, entitled, “An Ordinance of the City Council of the City of Goleta, California, Amending Title 17 (Zoning) of the Goleta Municipal Code to Change the Zone District and Standards for 7264 Calle Real (APN 077-130-006) (Case No. 23-0004-ORD)”
24 Ordinance No. 23-__ 7264 Calle Real (APN 077-130-006) Rezone ORDINANCE NO. 23-__
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF GOLETA, CALIFORNIA,
AMENDING TITLE 17 (Z ONING) OF THE
GOLETA MUNICIPAL COD E TO CHANGE
THE ZONE DISTRICT AND STANDARDS FOR
7264 CALLE REAL (APN 077-130-006) (CASE
NO. 23-0004-ORD)
WHEREAS the City of Goleta ( “City”) adopted Title 17 (Zoning) of the Goleta Municipal Code (“Title 17”) on March 3, 2020; and
WHEREAS Title 17 includes standards and procedures that regulate residential development within the City; and
WHEREAS the City adopted an amended Housing Element 2023 - 2031 on _________ __, 2023; and
WHEREAS the Housing Element 2023 -2031 required amendments to the Land Use Element and Open Space of the City’s General Plan / Coastal Land Use Plan (“General Plan”); and
WHEREAS the City adopted amendments to the Land Use and Open Space Element on _________ __, 2023; and
WHEREAS, included in the Land Use and Open Space Element amendments were land use designation and development changes for 7264 Calle Real (APN 077-130-006); and
WHEREAS, pursuant to California Government Code Section 65860(a), Title 17 must also be amended to al ign with the required amendments to the General Plan; and
WHEREAS the Planning Commission conducted a duly noticed public hearing on November 13 and 15, 2023 , 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 November 15, 2023; and
WHEREAS, by separate action taken on December 5, 2023, the City Council adopted Resolution 23 -__, adopting an Addendum to the General 25 Ordinance No. 23-__ 7264 Calle Real (APN 077-130-006) Rezone Plan Environmental Impact Report (State Clearinghouse No. 2005031151), which was certified in October 2006 by the City Council; 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 Goleta Municipal Code , 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 recitals above are true and correct and are each incorporated by reference and adopted as findings by the City Council.
SECTION 2. Required Findings for Zoning Ordinance Amendments
Pursuant to subsection 17.66.050(B) of the Goleta Municipal Code, the City Council hereby finds as follows:
(a) The amendment is consistent with the General Plan, the requirements of State planning and zoning laws, and this Title.
Pursuant to California Gove rnment Code Section 65860(a), the City’s zoning must be consistent with the General Plan. Because the City is amending the Housing Element, Land Use Element, and Open Space Element to facilitate additional housing development within the City, such amendments would create inconsistencies between the General Plan and Title 17 without the proposed amendments to Title 17. Specifically, the Housing Element 2023 -2031 includes subprograms HE 2.1(a) -(e). These subprograms are intended to facilitate additional housing development and require the City to make several changes to the Land Use Element , Open Space Element, and Title 17, including several changes in land use designations and zoning districts of several parcels . The implementation of these programs, including the Land Use and Open Space Element amendments and Title 17 amendments are identified in the Housing Element 2023 -2031 for implementation by February 15, 2024. The Land Use and Open Space Element amendments to implement subprograms HE 2.1(a )-(e) occurred on ________ __, 2023. Consequently, to ensure consistency with the time 26 Ordinance No. 23-__ 7264 Calle Real (APN 077-130-006) Rezone commitment for implementation in the Housing Element 2023 -2031 and the amendments in the Land Use and Open Space Element, the amendments are needed to ensure consistency across all City planning documents.
As such, under state planning law, the amendments to Title 17 are required and consistent with General Plan and state law.
Additionally, the amendments were prepared with the entirety of Title 17 in mind to ensure that the amendments do not create any internal inconsistencies within this Title.
For these reasons, the proposed amendments to Title 17 are consistent with the General Plan, the requirements of state planning and zoning laws, and Title 17.
(b) The amendment is in the interests of the general community welfare.
The amendments to Title 17 serve to facilitate additional housing development within the City. Additional housing, including additional below market rate housing, will help address issues identified in the Housing Element 2023 -2031 Technical Appendix such as cost overburden, overcrowded households, and the need to commute from outside the City to jobs within the City, thereby benefiting the welfare of residents and employees within the City.
The amendments to Title 17 implement the amendments to the Housing Element 2023-2031, thereby implementing requirements for consistency with state housing law. Without these amendments, the City risks losing local regulatory authority over certain housing projects in the future and potential grant funds that require the City to have a compliant Housing Element in order to qualify for those grants. These grants could provide a variety of benefits to the community.
For these reasons, the proposed amendments to Title 17 are in the interests of the general community welfare.
(c) The amendment is consistent with good zoning and planning practices.
Ensuring consistency between Title 17 and the General Plan is required pursuant to California Government Code Section 65860(a).
The amendments to Title 17 have been prepared to ensure consistency between the General Plan amendments to implement 27 Ordinance No. 23-__ 7264 Calle Real (APN 077-130-006) Rezone the Housing Element 2023 -2031 and Title 17. Such vertical consistency represents good zoning and planning practices to comply with the requirement of Section 65860(a) but also to ensure for the public consistent, clear, and applicable requirements across all planning documents.
For these reasons, the proposed amendments to Title 17 are consistent with good zoning and planning practices.
SECTION 3. Environmental Assessment
By separate action taken on December 5, 2023, the City Council adopted Resolution 23 -__, adopting an Addendum to the Goleta General Plan/Coastal Land Use Plan Environmental Impact Report (“EIR”) (State Clearinghouse No. 2005031151), which was certified in October 2006 by the City Council. The Addendum analyzed the environmental impacts of the actions taken in this ordinance. The resolution to adopt the Addendum satisfied the City Council’s obligations under the California Environmental Quality Act with respect to adopting the amended Housing Element 2023 - 2031 and amending the General Plan and Title 17 of the Goleta Municipal Code and none of the conditions in Public Resources Code section 21166 or State CEQA Guidelines section 15162 apply. Thus, no further environmental review is required as adoption of this ordinance falls within the scope of the adopted Addendum and previously certified EIR.
SECTION 4. Title 17 of the Goleta Municipal Code Amendments
(a) Subsection 17.07.030(F), entitled “Increased Minimum Density, RH District” is hereby added to read in its entirety as follows:
The following sites shall have a minimum residential density of 20 dwelling units per acre:
7264 Calle Real (APN 077-130-006)
(b) Section 17.07.050(D), entitled “Reduced Development Acreage” is hereby added to read as follows:
The developable area on APN 077-130-006, zoned RH, is limited to
6.33 acres, in order to facilitate 190 residential units.
SECTION 5. Zoning Map Amendments
The existing City of Goleta Zoning Map is hereby amended as follows:
28 Ordinance No. 23-__ 7264 Calle Real (APN 077-130-006) Rezone Change the Zone District for 7264 Calle Real (APN 077-130-006) from a combination of Single Family Residential (RS) and Agricultural (AG) to Residential—High Density (RH) for the entire parcel.
SECTION 6. Effect of Amendments
To the extent any provision of this Ordinance repeals, amends, or supersedes any previous approvals, such repeal or replacement will not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring befo re, this Ordinance’s effective date. Any 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
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 e ffect on the 31 st day following adoption by the City Council.
29 Ordinance No. 23-__ 7264 Calle Real (APN 077-130-006) Rezone 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
30 Ordinance No. 23-__ 7264 Calle Real (APN 077-130-006) Rezone
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
31 Attachment 4
Staff Presentation
32 City of Goleta
7264 Calle Real (Kenwood Village) Inclusion
in the Housing Element 2023-2031 and
Associated General Plan and Zoning
Amendments
Presentation By:
Anne Wells, Advance Planning Manager
Andy
Newkirk, Supervising Senior Planner
Veronica Tam, Housing Consultant
December 5, 2023
33 December 5, 2023 2
Public Hearing Agenda
Suggested Format
•
Staff Presentation
• Council Questions
• Public Comment
• Council Deliberation
• Action on Recommendation
34 •Background
•Housing Element 2023-2031 Status
•Summary of Revisions
• Housing Element 2023-2021
• General Plan
• Zoning
•Recommendations
December 5, 2023 3
Presentation Topics
35 December 5, 2023 4
Background – Housing Element 2023-
2031 Status
•2023-2031 update required by State law (“6th cycle”)
•State oversight & Housing Element “certification”
•Adopted on January 17, 2023
•HCD Letter on March 20, 2023
•Revisions to Housing Element prepared in response to letter •July Study Sessions
•Revisions submitted to HCD for initial 90-day review on June 30, 2022 •HCD “Draft in Compliance” Letter on October 16, 2023
36 December 5, 2023 5
Subprogram HE 2.1(a)
•Changes to inventory led to RHNA shortfall
•Subprogram 2.1(a) rewritten to include land use designation/rezone implement
ation
•7264 Calle Real (Kenwood Village) – Single-Family Residential (RS) and Agriculture
(AG) to RH. Development cap of 190 units;
development area residential density minimum of 20 dwelling units per acre
37 7264 Calle Real - Kenwood Village
6 APN: 077-130-006
Address: NA
Acres: 9.48
Current Use: Vacant
Current Zoning: Agriculture (AG) and Single-Family
R
esidential (RS)
Proposed Zoning: High Density Residential (RH)
Units with
Current Zoning:
28 • 28 Above Moderate Income
Units with
Proposed Zoning:
190 (limited to 6.33 acres)
• 190 Lower Income
December 5, 2023
38 December 5, 2023 7
Associated General Plan Amendments
• Land Use Element
• LU 2.7: Cap on development
• Figure 2-1: Land use designation change
• Open Space Element
• Figure 3-5: Removal of Agriculture designation
39 December 5, 2023 8
40 December 5, 2023 9
41 December 5, 2023 10
Associated Zoning Amendments
• Title 17
• Minimum Density
• Development Cap/Acreage
• Zoning Map
• Rezone of Site
42 December 5, 2023 11
Staff Recommendation
A. Adopt Resolution No. 23 __, entitled “A Resolution of the City Council of the City of Goleta, California, Adding 7264 Calle Real (APN 077-130-006) to Housing Element 2023-2031 Subprogram HE 2.1(a) and the Technical Appendix Residential Sites Inventory (Case No. 21-0002-GPA).” B. Adopt Resolution No. 23 __, entitled “A Resolution of the City Council of the City of Goleta, California, Adopting Amendments to the General Plan to Facilitate High Density Residential Development at 7264 Calle Real (APN 077-130-006) (Case No. 21-0002-GPA).”
C. 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, Amending Title 17 (Zoning) of the Goleta Municipal Code to Change the Zone District and Standards for 7264 Calle Real (APN 077- 130-006) (Case No. 23-0004-ORD).”
D. Make a determination that because a CEQA Addendum was considered as part of a separate action, no further environmental review is required for Resolution No. 23-__, Resolution 23-__, and Ordinance No. 23-__ pursuant to Public Resources Code section 21166 and State CEQA Guidelines section 15162. 43 December 5, 2023 12
Council Questions
Public Comment
Council Deliberation
44