CPMS
Agenda Item A.6
CONSENT CALENDAR
Meeting Date: December 19, 2023
TO: Mayor and Councilmembers
FROM: Peter Imhof, Planning and Environmental Review Director CONTACT: Anne Wells, Advance Planning Manager
Andy Newkirk, Supervising Senior Planner
SUBJECT: Second Reading of Title 17 (Zoning) of the Goleta Municipal Code Amendments Ordinance to Facilitate High Density Residential Housing as detailed in Housing Element 2023-2031 Subprogram 2.1(a) at 7264 Calle Real (APN 077-130-006) (Case No. 23-0004-ORD)
RECOMMENDATION:
Conduct second reading (by title only, waivin g 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).” BACKGROUND:
On December 5, 2023, the City Council ado pted an amended Housing Element 2023- 2031. 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).
Relevant to this staff report, due the need for segmentation, subprogram HE 2.1(a) includes changing the land use designation and zoning at 7264 Calle Real (APN 077- 130-006) from a combination of Single-Fam ily Residential (RS) and 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 1 Meeting Date: December 19, 2023
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 requirem ent that the minimum residential density on the site must be 20 dwellings units per acre (as opposed to 15 dwelling units per acre normally required in RH).
This policy change in the Housing Element 2023-2031 related to 7264 Calle Real (APN 077-130-006) required revisions to Title 17 (Zoning) of the Goleta Municipal Code. These are detailed below:
x Title 17
o A new subsection 17.07.030(F) wa s created, entitled “Increased Minimum Density, RH District.” This section identifies parcels where the minimum density required is 20 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 units 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) was created, e ntitled “Reduced Development Acreage.” This subsection is specific for 7264 Calle Real (APN 077-130-006) 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. x 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.
The zoning amendments related to 7264 Calle Real (APN 077-130-006) were considered by the Planning Commission at a public hearing on November 15, 2023. At that hearing, the Planning Commission recommended to City Council adoption of the amendments.
DISCUSSION:
On December 5, 2023, the City Council reviewed the Planning Commission recommendation and introduced and conducted the first reading of the Ordinance, provided as Attachment 1.
The City Council must conduct a second reading of the Ordinance prior to the Ordinance going into effect. The City Council has the opportunity to conduct the second reading and adopt the Ordinance, which would then be effective on the thirty-first day after adoption.
2 Meeting Date: December 19, 2023
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 could choose not to adopt the Ordinance. Failure to adopt the Ordinance would create an inconsistency between the City’s General Plan Housing Element 2023- 2031 and zoning regulations. This inconsistency would need to be resolved, consistent with State Planning Law.
Reviewed By: Legal Review By: Approved By:
___________________ ___________________ _________________ Kristine Schmidt Megan Garibaldi Robert Nisbet
Assistant City Manager City Attorney City Manager
ATTACHMENT:
1. 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)”
3 Attachment 1
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)”
4 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 (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)
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 December 5, 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 December 5, 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 align 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 23-63, adopting an Addendum to the General 5 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 December 5, 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 Government 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 December 5, 2023. Consequently, to ensure consistency with the time 6 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 with in 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 7 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 23-63, adopting an Addendum to the Goleta General Plan/Coastal Land Use Plan Env ironmental 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 m inimum 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:
8 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, su ch repeal or replacement will not affect any penalty, forfeiture, or li ability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before, this Ordinance’s effective date. Any such repealed or superseded part of previous approvals will remain in full fo rce 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 adopt ion 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 31
st day following adoption by the
City Council.
9 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
M A Y O R
ATTEST: APPROVED AS TO FORM:
__________________________ _________________________
DEBORAH S. LOPEZ MEGAN GARIBALDI
CITY CLERK CITY ATTORNEY
10 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:
( S E A L )
_________________________
DEBORAH S. LOPEZ
C I T Y C L E R K
11