CPMS
Agenda Item A.8
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 deta
iled in Housing Element 2023-2031 Subprogram 2.1(a) at 449 Kellogg Way (APN 071-130-039) and 469 Kellogg Way (APN 071-130-010) (Case No. 23-0004-ORD)
RECOMMENDATION:
Conduct second reading (by title only, waiving 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 449 Kellogg Way (APN 071-130-039) and 469 Kellogg Way (APN 071-130-010) (Case No. 23-0004-ORD).”
BACKGROUND:
On December 5, 2023, the City Council adopted 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 parcel’s 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 449 Kellogg Way (APN 071- 130-039) and 469 Kellogg Way (APN 071- 130-010) from a combination of Planned Residential (RP) and Business Park (BP) to High-Density Residential (RH).
For the sites, HE 2.1(a) includes a requirement 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 449 Kellogg Way (APN 071-1
30-039) and 469 Kellogg Way (APN 071-130-010) required revisions to Title 17 1 Meeting Date: December 19, 2023
(Zoning) of the Goleta Municipal Code. These amendments include the addition of these parcels to subsection 17.07.030(F), entitled “Increased Minimum Density, RH District.” This section identifies parcels where the minimum density requir ed 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 o f 20 units per acre for these sites is a requirement of state law. Additionally, these amendments include a change to the City’s Zoning Map to change the Zone District for 449 Kellogg Way (APN 071 -130- 039) and 469 Kellogg Way (APN 071-130-010) from a combination of RP/BP to RH.
The zoning amendments related to 449 Kellogg Way (APN 071-130-039) and 469 Kellogg Way (APN 071 -130-010) were considered by the Planning Commission a t 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 unanimously 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.
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
2 Meeting Date: December 19, 2023
ATTACHMENTS:
1. 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 449 Kellogg Way (APN 071-130-039) and 469 Kellogg Way (APN 071-130-010) (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 449 Kellogg Way (APN 071-130-039) and 469 Kellogg Way (APN 071-130- 010) (CASE NO. 23-0004-ORD)”
4 Ordinance No. 23-__ 469 and 449 Kellogg Way 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
449 KELLOGG WAY (APN 071-130-039) AND
469 KELLOGG WAY (APN 071-130-010)
(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 a n amended Housing Element 2023 - 2031 on December 5, 2023; and
WHEREAS the Housing Element 2023-2031 subprogram HE 2.1(a) required amendments to Title 17 the Land Use Element of the City’s General Plan / Coastal Land Use Plan (“General Plan”); and WHEREAS the City adopted amendments to the Land Use Element on December 5, 2023; and
WHEREAS, included in the Land Use Element were land use designation changes for 449 Kellogg Way and 469 Kellogg Way; 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, at which time all interested parties were given an opportunity to be heard; and
WHEREAS the Planning Commission recommended to City Council adoption of t he 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 Plan Environmental Impact Report (State Clearinghouse No. 2005031151), which was certified in October 2006 by the City Council; and 5 Ordinance No. 23-__ 469 and 449 Kellogg Way Rezone
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 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 and Land Use Element to facilitate additional housing development within the City, such amendments would create incon sistencies 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 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 Element amendments and Tit le 17 amendments are identified in the Housing Element 2023 -2031 for implementation by February 15, 2024. The Land Use Element amendments to implement
subprograms HE 2.1(a) -(e) occurred on December 5, 2023 .
Consequently, to ensure consistency with the time commitment for implementation in the Housing Element 2023 -2031 and the amendments in the Land Use Element, the amendments are needed to ensure consistency across all City planning documents. 6 Ordinance No. 23-__ 469 and 449 Kellogg Way Rezone
As such, under state planning law, the amendments to Title 17 a re 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, an d 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 ame ndments to implement the Housing Element 2023 -2013 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 7 Ordinance No. 23-__ 469 and 449 Kellogg Way Rezone
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 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 (“CEQA”) with respect to adopting the amended Housing Element 2023-2031 and the 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 adoptio n 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 amended to add the following parcels:
The following sites shall have a minimum residential density of 20 dwelling units per acre:
449 Kellogg Way (APN 071-130-039)
469 Kellogg Way (APN 071-130-010)
SECTION 5. Zoning Map Amendments
The existing City of Goleta Zoning Map is hereby amended as follows:
1. Change the Zone District for 449 Kellogg Way (APN 071-130- 039) from Business Park (BP) to Residential—High Density (RH).
2. Change the Zone District for 469 Kellogg Way (APN 071-130) from Planned Residential (RP) to Residential—High Density (RH).
8 Ordinance No. 23-__ 469 and 449 Kellogg Way Rezone
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 before, 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 invalidit y 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 effect on the 31 st day following adoption by the City Council.
9 Ordinance No. 23-__ 469 and 449 Kellogg Way 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
10 Ordinance No. 23-__ 469 and 449 Kellogg Way 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
11