Agenda Item C.1
CPMS DISCUSSION/ACTION ITEM
Meeting Date: March 19, 2024
T
O: Mayor and Councilmembers
SUBM
ITTED BY: Peter Imhof, Planning and Environmental Review Director PRE
PARED BY: Anne Wells, Advance Planning Manager
Cam Audras, Assistant Planner
SUBJ
ECT: Measure G2012 Agricultural Land Protection Initiative Update RECO
MMENDATION:
P
rovide feedback and direction regarding Measure G2012: Agricultural Land Protection Initiative (Measure G) and its corresponding language in the General Plan Land Use Element Subpolicy LU 7.5 Goleta Heritage Farmlands.
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CKGROUND:
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easure G was approved by a majority of the voters of the City on November 6, 2012 (Attachment 1). Under the measure, some authority over the Goleta General Plan was transferred from the City Council to the voters. Until December 31, 2032, the City Council is generally prohibited from amending its General Plan to allow for changes on certain properties that have a land use designation of Agriculture unless the amendment is approved by the voters of the City. Measure G also added S ubolicy LU 7. 5 Goleta Heritage Farmlands (LU 7.5) to the General Plan Land Use Element, further ensuring the protection of certain Agriculture-designated properties (Attachment 2).
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eritage farmland protections under Measure G and in LU 7.5 include properties:
1. Within the City currently having a land use designation of Agriculture and which are ten (10) or more acres in size; and,
2. Outside of the City but within the City Planning Area currently having a land use designation of Agriculture by the County of Santa Barbara and which are ten (10) acres or more in size.
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easure G does not apply to A griculture parcels of less than ten acres. It also does not apply to vested rights a property owner acquired in a pending development application.
Measure G would preplan heritage farmlands outside of the City as Agriculture.
Approximately 121 parcels outside of the City would be subject to Measure G, even 1 M eeting Date: March 19, 2024
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age 2 of 3
though their owners are not allowed to vote on the measure. These properties could only be annexed to the City as Agriculture if approved by the voters of the City.
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s previously stated, before December 31, 2032, any change to the land use designation of heritage farmlands or any change to the existing and proposed General Plan language adopted by Measure G would only be effective if approved by the voters of the City.
Measure G provides three exceptions to the voter approval requirement. The City Council can make the following changes without the approval of the voters of the City, if the City Council makes certain findings specified in the initiative:
1. Changes needed to provide State mandated housing within the City of Goleta;
2. Changes needed because the application of the policies would result in a violation of the Constitutional rights of the property owner; and
3. Changes needed for the land to be developed for a public school or public park.
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t the City Council meeting on June 20, 2023, City Council directed staff to return with a Measure G item to consider the measure, LU 7.5, and a possible 20-year renewal of the initiative.
DI
SCUSSION:
The pur
pose of this item is to seek Council feedback and any direction regarding the status of Measure G and the General Plan language in Land Use Element Subpolicy LU
7.5 City of Goleta Heritage Farmlands.
Staff is seeking direction from Council on whether to proceed with the preparation of an ordinance to place a ballot measure on the November 2024 election to extend Measure G2012 Agricultural Land Protection Initiative.
Sta
ff also seeks direction from the Council on whether to conduct polling. If polling is recommended, the results are likely to be presented to the Council in late May or early June. However, the decision to include a ballot measure in the November 2024 election must be finalized by the second City Council meeting on June 18, 2024. This timeline is crucial as the first Council meeting in July has been canceled and the docketing deadline for consolidating the election is July 3, 2024.
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EGAL REVIEW BY: Megan Garibaldi, City Attorney
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PPROVED BY: Robert Nisbet, City Manager
2 Meeting Date: March 19, 2024
ATTACHMENTS:
1. Resolution No. 12-40: City of Goleta Heritage Farmlands Initiative
2. Goleta General Plan Land Use Element Subpolicy LU 7.5 City of Goleta Heritage Farmlands
3 Attachment 1
Resolution No. 12-40: City of Goleta Heritage Farmlands Initiative 4 5
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Attachment 2
Goleta General Plan Land Use Element Subpolicy LU 7.5
30 Attachment 2: Goleta General Plan Land Use Element Subpolicy LU 7.5 LU 7.5 City of Goleta Heritage Farmlands. [GP] The voters of the City of Goleta have, through the City of Goleta Heritage Farmlands Initiative (“Initiative”), established and adopted a Heritage Farmlands Policy in the City of Goleta General Plan. Section 3 of the Initiative: (1) reaffirmed and readopted General Plan goals and policies regarding agricultural lands; (2) reaffirmed and readopted the General Plan Land Use Map’s designations for lands designated “Agriculture,” which were ten (10) or more acres in size as of February 21, 2012; and (3) designated as “Agriculture” lands which were on the County of Santa Barbara Comprehensive Land Use Map and which were ten (10) or more acres in size as of February 21, 2012, and which were located within the City of Goleta’s Planning Area. The lands affected by the Initiative are “Heritage Farmlands.”
Until December 31, 2032, the General Plan provisions readopted and/or amended by Section 3 of the Initiative (“Initiative’s Plan Amendments”) may not be further amended or repealed except by a vote of the people or as follows:
a. The City Council, following at least one public hearing, may amend the Initiative’s Plan Amendments to comply with state law regarding the provision of housing for all economic segments of the community. Such amendment may be adopted only if the City Council makes each of the following findings based on substantial evidence:
1. That the proposed development is necessary to comply with a state law imposing a mandatory housing obligation (e.g., the provision of low and very low income housing), and the area of land within the proposed development will not exceed the minimum necessary to comply with the mandatory housing obligation; and
2. That there is no existing non-agricultural land available within the City of Goleta to accommodate development that will address the housing need identified in the analysis by which the City has determined that it is not in compliance with state.
b. Upon request of an affected landowner, the City Council may, following at least one public hearing, amend the Initiative’s Plan Amendments if the City Council does so pursuant to a finding, based on substantial evidence in the record, that the application of such Policy to any specific property for which a development application has been submitted constitutes an unconstitutional taking of the landowner’s property; however, any such amendment shall be made only to the extent necessary to avoid such unconstitutional taking. c. The City Council may, following at least one public hearing, amend the Initiative’s Plan Amendments to exempt land contemplated for construction of public schools or public parks. Such amendment may be adopted only if the City Council makes each of the following findings based on substantial evidence:
1. The land is immediately adjacent to existing compatibly developed areas and there is evidence that the Fire Department, Police Department, Department of Public Works, the Community Services Department, and the applicable water and sewer districts with jurisdiction over such land have or will have adequate capacity to accommodate the proposed development and provide it with adequate public services; and
2. That there is no existing non-agricultural or open space land available to accommodate the proposed development.
d. The City Council may reorganize, reorder, and renumber the Initiative’s Plan Amendments. (Amended by Measure G, 11/06/12)
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