Agenda Item C.1
PUBLIC HEARING
Meeting Date: August 20, 2024
TO: Mayor and Councilmembers
SUBMITTED BY: Peter Imhof, Planning and Environmental Review Director PREPARED BY: Anne Wells, Advance Planning Manager
Andy Newkirk, Supervising Senior Planner
Cam Audras, Assistant Planner
SUBJECT: Initiation of General Plan Amendments to the Safety Element, Open Space Element, and Either the Addition of an Environmental Justice Element or the Addition of Related Goals, Policies, and Objectives Integrated in Other Elements, as Needed, to Satisfy State Planning Law and Finding the Initiation to be Exempt from the California Environmental Quality Act; Case No. 24-0003-GPA
RECOMMENDATION:
Adopt Resolution No. 24-__ entitled “A Resolution of the City Council of the City of Goleta, California, Initiating the Processing of City -initiated General Plan Amendment s to the Safety Element, Open Space Element, and Either the Addition of an Environmental Justice Element or the Addition of Related Goals, Policies, and Objectives Integrated in Other Elements, as Needed, to Satisfy State Planning Law and Finding the Initiation to be Exempt from the California Environmental Quality Act; Case No. 24-0003-GPA.” BACKGROUND:
The City of Goleta adopted the Goleta General Plan/Coastal Land Use Plan (General Plan) on October 2, 2006. The General Plan contains the following seven State-required elements and two optional elements as follows: Land Use Element, Open Space Element, Conservation Element, Safety Element, Visual and Historic Resources Element, Transportation Element, Public Facilities Element, Noise Element, and Housing Element.
Since its adoption, the General Plan has been amended on 30 occasions. The most recent amendment occurred on April 2, 2024, via City Council Resolution No. 24-19.
General Plan Amendment Initiation Process
City Council Resolution No. 12-13 and Goleta Municipal Code (GMC) Section 17.67.030 include procedures for the initiation of processing requests for General Plan Amendments (GPAs). These procedures require that all requests for GPAs be referred to the City 1 Meeting Date: August 20, 2024
Council for initiation at a public hearing prior to processing. Resolutio n No. 12 -13 and GMC Section 17.67.030 list five factors the City Council must consider in order to initiate a GPA. These five factors are:
1. The amendment proposed appears to be consistent with the Guiding Principles and Goals of the General Plan;
2. The amendment proposed appears to have no material effect on the community or the General Plan;
3. The amendment proposed provides additional public benefit to the community as compared to the existing land use designation or policy;
4. Public facilities appear to be available to serve the affected site, or their provision will be addressed as a component of the amendment process; or
5. The amendment proposed is required under other rules or regulations.
Once initiated, the GPA s and any related environmental document are pr epared and considered by the Planning Commission and a recommendation is made to the City Council via resolution. The City Council takes final action at a subsequent public hearing.
New General Plan Requirements
Mandatory requirements for the General Plan are included in State Planning Law within the California Government Code (Government Code) . State Planning Law outlines mandatory elements and required content for the General Plan. Over time, the State amends the Government Code to add additional req uirements. Typically, these new requirements must be added to the General Plan based on some trigger, like the next update to a Housing Element, or by a certain date. Based on new requirements, explained in more detail below, the City must update its Safety Element, Open Space Element, and either add an Environmental Justice Element or add related goals, policies, and objectives integrated in other elements in order to comply with State Planning Law. The Council has already recognized the need to update the se General Plan Elements by making them a work priority during adoption of the Planning and Environmental Review Department’s FY 2024-25 Annual Work Program.
Safety Element
Government Code Sections 65302(g)(2), (4), (5), and 65302.15 require Safety Element amendments because of the City’s adoption of the Housing Element 2023-2031 on December 5, 2023. The Safety Element update must include new and/or updated flood hazard information pursuant to Government Code Section 65302(g)(2) . Goals, policies, objectives, and implementation measures based on the new or updated flood information to protect the community from flood risks are also required.
Government Code Section 65302(g)(4) requires additional Safety Element amendments because of the City’s ado ption of the 2023 City of Goleta Annex to the Santa Barbara County Multi -Jurisdiction Hazard Mitigation Plan on April 4, 2023. Pursuant to these 2 Meeting Date: August 20, 2024
requirements, the Safety Element must be reviewed and updated as necessary to address climate adaptation and resiliency strategies applicable to the City.
Additionally, pursuant to Government Code Section 65302(g)(5), the Safety Element must be updated to identify residential developments in any hazard area identified in the Safety Element that do not have at least two emergency evacuation routes.
Finally, Government Code Section 65302.15 stipulates that the Safety Element shall be reviewed and updated as necessary to identify evacuation routes and their capacity, safety, and viability and evacuation locations under a range of emergency scenarios.
Open Space Element
Government Code Section 65565.5 requires every city and county to review and update its local open-space plan (Open Space Element) by January 1, 2026. New requirements include policies that address (1) access to open space for all residents in a manner that considers social, economic, and racial equity, (2) climate resilience and other co-benefits of open space, and (3) rewilding opportunities.
Environmental Justice Element or Policies Integrated in General Plan Elements
Pursuant to the Government Code Section 65302(h)(2), the City must adopt an Environmental Justice Element or related environmental justice goals, policies, and objectives upon the adoption or next revision of two or more General P lan elements concurrently. As detailed in Government Code Section 65302(h)(1), the additional element or related policies integrated in other elements must identify objectives and policies to (1) reduce the unique or compounded health risks in disadvantage d communities, (2) promote civic engagement in the public decision -making process, and (3) prioritize improvements and programs that address the needs of disadvantaged communities.
The City amended three General Plan elements concurrently on November 7, 2023 (the Land Use, Safety, and Noise Elements ) to ensure consistency with the Santa Barbara Airport Land Use Compatibility Plan. These amendments triggered the requirements of Government Code Section 65302(h).
DISCUSSION:
The proposed initiation would authorize staff to process GPA s to update the Safety Element, Open Space Element, and either add an Environmental Justice Element, or add related goals, policies, and objectives integrated in other elements, as needed, to comply with the requirements of the Government Code.
As previously noted, the City Council must consider a specific set of five factors when determining whether to initiate GPAs. Staff presents the following discussion of the GPA initiation factors for consideration:
3 Meeting Date: August 20, 2024
Factors 1-4. For purposes of th is initiation, the first four factors are not relevant , given the State law requirements discussed below.
Factor 5. The amendment proposed is required under other rules or regulations.
The proposed GPAs are required by State Planning Law. As noted above, Government Code Sections 65302(g)(2), (4), (5), and 65302.15 require various amendments to the Safety Element; Government Code Section 65302(h)(1) requires either the addition of an environmental justice element, or related goals, policies, and objectives integrated in other elements; and Government Code Section 65565.5 requires the City to update the Open Space Element. As such, the GPAs initiation is warranted based solely upon Factor 5, due to the requirements of State Planning Law.
The resolution initiating the GPA s based on the factors discussed above is provided as Attachment 1. Note that the resolution also authorizes non-mandated updates as needed to support the State mandates. City staff will return to the Planning Commission and City Council with the recommended GPAs for subsequent consideration and adoption in the future.
ENVIRONMENTAL REVIEW:
The initiation of GPAs is not subject to the California Environmental Quality Act (CEQA) (California Public Resources Code Sections 21000 et seq.) 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(a). Rather, it is an organizational or administrative activity by government that will not result in direct or indirect physical changes in the environment pursuant to Section 15378(b)(5).
The GPAs are also exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines because the activity is covered by the ge neral rule which exempts activities that can be seen with certainty to have no possibility for causing a significant effect on the environment.
A draft Notice of Exemption from CEQA is provided as Attachment 2.
FISCAL IMPACTS:
The fiscal impacts of Council’s direction to initiate the processing of GPA s would be the staff time needed in preparation of said amendments as well as consultant costs. Staff time and related costs for this project are included in the Advance Planning Division Work Program and budget for 2024-25.
ALTERNATIVES:
The City Council could choose not to initiate processing of the proposed GPA s. If not initiated, the City would not be able to begin the State-mandated revisions to the General Plan.
4 Meeting Date: August 20, 2024
LEGAL REVIEW BY: Megan Garibaldi, City Attorney
APPROVED BY: Robert Nisbet, City Manager
ATTACHMENTS:
1. Resolution No. 24-__, entitled “A Resolution of the City Council of the City of Goleta, California, Initiating the Processing of City-initiated General Plan Amendments to the Safety Element, Open Space Element, and Either the Addition of an Environmental Justice Element or the Addition of Related Goals, Policies, and Objectives Integrated in Other Elements, as Needed, to Satisfy State Planning Law and Finding the Initiation to be Exempt from the California Environmental Quality Act; Case No. 24-0003-GPA”
2. Notice of Exemption
3. Staff Presentation
5 ATTACHMENT 1
Resolution No. 24-__, entitled “A Resolution of the City Council of the City of Goleta, California, Initiating the Processing of City-initiated General Plan Amendments to the Safety Element, Open Space Element, and Either the Addition of an Environmental Justice Element, or the Addition of Related Goals, Policies, and Objectives Integrated in Other Elements, as Needed, to Satisfy State Planning Law and Finding the Amendments to be Exempt from the California Environmental Quality Act; Case No. 24-0003-GPA”
6 Resolution No.24-__ Initiation of General Plan Amendments to Satisfy State Planning Law 1 RESOLUTION NO. 24-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GOLETA,
CALIFORNIA, INITIATI NG THE PROCESSING OF CITY-INITIATED
GENERAL PLAN AMENDME NTS TO THE SAFETY ELEME NT, OPEN
SPACE ELEMENT, AND EITHER THE ADDITION OF AN
ENVIRONMENTAL JUSTIC E ELEMENT, OR THE AD DITION OF
RELATED GOALS, POLIC IES, AND OBJECTIVES INTEGRATED IN
OTHER ELEMENTS , AS NEEDED, TO SATI SFY STATE PLANNING
LAW AND FINDING THE AMENDMENTS TO B E EXEMPT FROM THE
CALIFORNIA ENVIRONME NTAL QUALITY ACT ; CASE NO. 2 4-0003- GPA
WHEREAS, the Goleta General Plan/Coastal Land Use Plan (General Plan) is the City’s official policy that guides land use and physical development of the geographic area of the incorporated City limits; and
WHEREAS, California Government Code Sections 65350 et seq. authorize cities and counties to prepare, adopt and amend General Plans and their elements; and
WHEREAS, California Government Code Section 65358(a) reads, in part. that “[a] amendment to the general plan shall be initiated in the manner specified by the legislative body”; and
WHEREAS, City Council Resolution No. 12-13 and Goleta Municipal Code (GMC) Section 17.67.030 establish a procedure for the initiation of processing of requests for General Plan Amendments (GPAs); and
WHEREAS, City Council Resolution No. 12 -13 and GMC Section 17.67.030 require the City Council to consider certain factors for the initiation of GPAs, including consistency with the Guiding Principles and Goals of the General Plan, consistency with the surrounding community or General Plan, possible public benefits, availability of or the future study of the availability of public services, or rules or regulations that may drive the need to amend the General Plan; and
WHEREAS, City Council adopted the Housing Element 2023-2031 on December 5, 2023; and
WHEREAS, California Government Code Section 65302(g)(2) states that the Safety Element amendments must occur upon the next revision of the Housing Element to identify information regarding flood hazards; and
WHEREAS, California Government Code Section 6530 2(g)(5) states that the Safety Element amendments must occur upon the next revision of the Housing Element 7 Resolution No.24-__ Initiation of General Plan Amendments to Satisfy State Planning Law 2 to identify residential developments in any hazard area identified in the Safety Element that do not have at least two emergency evacuation routes; and
WHEREAS, City Council adopted the 2023 City of Goleta Annex to the Santa Barbara County Multi-Jurisdiction Hazard Mitigation Plan on April 4, 2023; and
WHEREAS, California Government Code Section 6530 2(g)(4) states that the Safety Element amendments must occur upon the next revision of the local hazard mitigation plan to address climate adaptation and resiliency strategies applicable to the City; and
WHEREAS, California Government Code Section 65302.15 states upon the next revision of a local hazard mitigation plan on or after January 1, 2022, the Safety Element shall be reviewed and updated as necessary to identify evacuation routes and their capacity, safety , and viability and evacuation locations under a range of emergency scenarios; and
WHEREAS, California Government Code section 65565.5, requires every city and county to review and update its local open-space plan (Open Space Element) by January 1, 2026; and
WHEREAS, the City adopted amendments to the Land Use, Safety, and Noise Elements of the General Pan to ensure consistency with the Santa Barbara Airport Land Use Compatibility Plan on November 7, 2023; and
WHEREAS, California Government Code Section 65302(h)(2) requires an Environmental Justice Element, or related goals, policies, and objectives integrated in other elements, that identifies disadvantaged communities within the area covered by the General Plan of the City upon the revision of two or m ore General Plan elements concurrently; and
WHEREAS, the City Council conducted a duly noticed public hearing on August 20, 2024, at which time all interested persons were given an opportunity to be heard; and
WHEREAS, the City Council considered the entire administrative record, including staff reports, the General Plan, the governing State Law, 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 General Plan Amendments Initiation Factors
8 Resolution No.24-__ Initiation of General Plan Amendments to Satisfy State Planning Law 3 The City Council makes the following statements regarding the initiation factors outlined in City Council Resolution No. 12-13 and GMC Section 17.67.030:
a. For purposes of this initiation, the first four factors in City Council Resolution No . 12-13 and GMC Section 17.67.030 are not relevant.
b. The proposed GPAs are required by State Planning Law. As noted above, California Government Code Sections 65302(g)(2), (4), (5), and 65302.15 require various amendments to the Safety Element; California Government Code Section 65302(h)(2) requires either the addition of an Environmental Justice Element or related goals, policies, and objectives integrated in other elements; and California Government Code Section 65565.5 requires the City to update the Open Space Element. As such, the GPAs ’ initiation is warranted based solely upon Factor 5 due to the requirements of State Planning Law.
As such, the GPAs’ initiation is warranted based solely upon Factor 5.
SECTION 2 City Council Action
The City Council hereby authorizes staff to initiate processing of General Plan amendments to update the Safety Element, Open Space Element, either the addition of an Environmental Justice Element or the addition of related goals, policies, and objectives integrated in other elements , any relevant updates to support these requirements, and any other portions of the General Plan as needed to comply with the requirements of California Government Code Sections 65302(g)(2), (4), (5), 65302(h)(1), 65302.15, and 65565.5.
SECTION 3 Environmental Finding and Notice of Exemption
The initiation of this General Plan Amendment is not subject to the California Environmental Quality Act (CEQA) (California Public Resources Code Sections 21000 et seq.) 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(a). Rather, it is an organizational or administrative activity by government that will not result in direct or indirect physical changes in the environment pursu ant to Section 15378(b)(5).
The GPAs are 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.
Staff is directed to file a Notice of Exemption.
9 Resolution No.24-__ Initiation of General Plan Amendments to Satisfy State Planning Law 4 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.
PASSED, APPROVED AND ADOPTED this _____ day of _____2024.
_____________________________
PAULA PEROTTE, MAYOR
ATTEST: APPROVED AS TO FORM:
_________________________ ___________________________ DEBORAH S. LOPEZ MEGAN GARIBALDI
CITY CLERK CITY ATTORNEY
10 Resolution No.24-__ Initiation of General Plan Amendments to Satisfy State Planning Law 5
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 Resolution No. 24-__ was duly adopted by the City Council of the City of Goleta at a regular meeting held on the ___ day of _______, 2024 by the following roll call vote of the Council:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
(SEAL)
__________________________
DEBORAH S. LOPEZ
CITY CLERK
11 ATTACHMENT 2
Notice of Exemption
12 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: Initiation of General Plan Amendments to the Safety Element, Open Space Element, and Either the Addition of a n Environmental Justice Element or the Addition of Related Goals, Policies, and Objectives Integrated in Other Elements, as Needed, to Satisfy State Planning Law (Case No. 24-0003-GPA)
Project Applicant: City of Goleta
Project Location (Address and APN): Citywide
Description of Nature, Purpose, and Beneficiaries of Project:
The project includes the initiation of amendments to the Safety Element and Open Space Elements and either the addition of an Environmental Justice Element, or the addition of rel ated goals, policies, and objectives integrated in other elements of the General Plan, to address State planning law consistency. The topics for future General Plan Amendments will include:
Updating the Safety Element to include updated flood information ; goals, policies, and objectives to protect the community from flood risks ; identification of residential developments in any hazard area identified in the safety element that do not have at least two emergency evacuation routes ; identification of evacuation routes and their capacity, safety, and viability and evacuation locations under a range of emergency scenarios ; and goals, policies, and objectives addressing climate adaptation and resiliency strategies applicable to the City ; pursuant to California Government Code (Government Code) Sections 65302(g)(2), (4), (5), and 65302.15.
Adding an Environmental Justice Element or related goals, policies, and objectives integrated in other elements that identify objectives to reduce the unique or compounded health risks in disadvantaged communities, promote civic engagement in the public decision-making process, and prioritize improvements and programs that address the needs of disadvantaged communities ; pursuant to Government Code Section 65302(h)(1).
Updating the Open Space Element to include policies that provide access to open space for all residents in a manner that considers social, economic, and racial equity, climate resilience and other co -benefits of open space, and rewilding opportunities ; pursuant to Government Code Section 65565.5.
Name of Public Agency Approving the Project: City of Goleta
Name of Person or Agency Carrying Out the Project: City of Goleta 13 NOTICE OF EXEMPTION (NOE)
2 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: CEQA Guidelines, §15060(c)(3); §15378(a); §15378(b)(5); §15061(b)(3)
Reason(s) why the project is exempt:
The initiation is not subject to the California Environmental Quality Act (CEQA) (California Public Resources Code Sections 21000 et seq.) 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(a) but it is an organizational or administrative activity by government that will not result in direct or indirect physical changes in the environment pursuant to Section 15378(b)(5).
The initiation 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.
Thus, no further environmental review is required.
City of Goleta Contact Person: Cam Audras, Assistant Planner, [email protected]
Peter Imhof Director, Planning & Environmental Review Date
14 ATTACHMENT 3
Staff Presentation
15 General Plan
Amendments Initiation
Safety Element, Open Space Element, and Either
the Addition of an Environmental Justice Element,
or the Addition of Related Goals, Policies, and
Objectives Integrated in Other Elements
August 20, 2024
City Council Public Hearing
Presentation by:
Anne Wells, Advance Planning Manager
Andy Newkirk,
Supervising Senior Planner
Cam Audras, Assistant Planner
16 Public Hearing Agenda
•Staff Presentation
•Council Questions
•Public Comment
•Comment and Deliberation
•Action on Recommendation
August 20, 2024 City Council Meeting 2
17 Factors to Initiate a General Plan
Amendment (GPA)
Resolution No. 12-13 and Goleta Municipal Code Section 17.67.030 list five factors the City Council must consider in order to initiate a GPA:
1. The amendment proposed appears to be consistent with the Guiding Principles and Goals of the General Plan;
2. The amendment proposed appears to have no material effect on the community or the General Plan;
3. The amendment proposed provides additional public benefit to the community as compared to the existing land use designation or policy;
4. Public facilities appear to be available to serve the affected site, or their provision will be addressed as a component of the amendment process; or
5. The amendment proposed is required under other rules or regulations.
August 20, 2024 City Council Meeting 3
18 Government Code General Plan Requirements
•Sections 65302(g)(2), (4), (5), and 65302.15: Safety Element updates r
equired
•Section 65302(h): an Environmental Justice Element or
rela
ted goals, policies, and objectives integrated in other elements
•Section 65565.5: Open Space Element update required by January 2026
August 20, 2024 City Council Meeting 4
19 Discussion
•Factors 1-4: N/A
•Factor 5: The amendment proposed is required under
other rules or regulations
•Required by California Government Code:
• Section 65302(g)(2), (4), (5), and 65302.15
• Section 65302(h)(1)-(2)
• Section 65565.5
August 20, 2024 City Council Meeting 5
20 Staff Recommendation
•Adopt Resolution No. 24-__, entitled “A Resolution of the City Council of the City of Goleta, Calif
ornia, Initiating the Processing of
City-initiated General Plan Amendments to the Safety Element, Open Space Element, and either the Addition of an Environmental Justice Element, or the Addition of Related Goals, Policies, and Objectives Integrated in Other Elements, as Needed, to Satisfy State Planning Law and Finding the Amendments to be Exempt from the California Environmental Quality Act; Case No. 24-0003- GPA”
August 20, 2024 City Council Meeting 6
21 Next Steps
•Council Questions
•Public Comment
•Comment and Deliberation
•Action on Recommendation
August 20, 2024 City Council Meeting 7
22