Agenda Item A.5
CPMS CONSENT CALENDAR
Meeting Date: September 17, 2024
TO: Mayor and Councilmembers
SUBMITTED BY: Peter Imhof, Planning and Environmental Review Director
PREPARED BY: Lisa Prasse, Current Planning Manager
Kathy Allen, Supervising Senior Planner
SUBJECT: Second Reading of Proposed Ordinance adopting a Third Amendment to Development Agreement for SyWest/Goleta Gardens LLC, 907 South Kellogg Avenue, APN 071-190-035; Case No. 24 - 0001-ORD
RECOMMENDATION:
Conduct second reading (by title only) and waive further reading of Ordinance No. 2 4- ___, entitled “An Ordinance of the City Council of the City of Goleta, California, Approving a Third Amendment to the Goleta Gardens LLC Development Agreement to Provide that the Term of the Development Agreement Must Not Extend Beyond the Date the Coastal Commission Certifies the City’s Local Coastal Program or December 31, 202 5, Whichever Occurs First , and Find that the Ordinance is Exempt Under the California Environmental Quality Act For the Property Located at 907 S Kellogg Avenue; Case No. 24-0001-ORD.”
BACKGROUND:
On September 3, 2024, the City Council introduced first reading of the Ordinance of the proposed third amendment to an existing Amended Development Agreement (DA) between the City of Goleta and the applicant, SyWest Development, that grants a license to the City to use a private access road to the San Jose Creek Channel in exchange for an extension of the deadline to use the City’s former zoning ordinance (Article 35 Coastal Zoning Ordinance) to December 31, 2025 for review of the applicant’s pending development proposal (Case No 17-121-DP-DRB).
On May 18, 2021, the City Council adopted Ordinance No.21 -04 approving the DA in concept pending the Coastal Commission action as the project is in the Coastal Zone. On April 6, 2022, the Coastal Commission approved the DA with the condition to add that the termination date does not extend beyond the date the City’s Local Coastal Program is certified. On September 6, 2022, the City Council approved the first Amendment to the DA incorporating the Coastal Commission’s condition. On September 19, 2023, the City 1 Meeting Date: September 17, 2024
Council adopted on seconding reading, the second Amendment to extend the date of the Agreement to December 31, 2024.
DISCUSSION:
On September 3, 2024, the City Council introduced the attached DA Third Amendment Ordinance on first reading (Attachment 1), which provides that the term of the DA must not extend beyond the date the City’s Local Coastal Program is certified or December 31, 2025, whichever occurs first.
Exhibit A to the City Council Ordinance provides the proposed Third Amendment to the DA for Goleta Gardens, LLC. The purpose of this third Amendment is to revise the existing Amended DA that grants a license to the City t o use a private access road to the San Jose Creek Channel in exchange for an extension of the deadline to use the City’s former zoning ordinance (Article 35 Coastal Zoning Ordinance) to December 31, 2025 for review of the applicant’s pending development pr oposal (Case No 17 -121-DP-DRB). The third Amendment, extending the term of the DA to December 31, 202 5, would allow for the processing of the underlying development project to be completed, including environmental review, and the entitlement hearings to be held. The Draft Environmental Impact Report is anticipated to be released to start the 45-day public comment period no later than October 2024.
State law requires ordinances to come before the City Council a second time prior to their adoption. The City Council can adopt the Ordinance at this meeting.
FISCAL IMPACTS:
The review costs associated with this request are the responsibility of the applicant.
ALTERNATIVES:
Considering Council’s introduction of the ordinance on September 3, 2023, alternatives include:
1) Amend the ordinance and reintroduce it and/or refer the matter back to the Planning Commission; or
2) Direct staff to return with further information; or
3) Take no action.
Each of these alternatives would prevent adoption at this time.
LEGAL REVIEW BY: Megan Garibaldi, City Attorney
APPROVED BY: Robert Nisbet, City Manager
2 Meeting Date: September 17, 2024
ATTACHMENTS:
1. An Ordinance of the City Council of the City of Goleta, California, approving a Third Amendment to the Goleta Gardens LLC Development Agreement to provide that the term of the Development Agreement must not extend beyond the date the Coastal Commission certifies the City’s Local Coastal Program or December 31, 2025, whichever occurs first and find that the Ordinance is exempt under the California Environmental Quality Act for the property located at 907 S Kellogg Avenue; Case No. 24-0001-ORD
Exhibit A – Third Amendment to Development Agreement By and Between City of Goleta and Goleta Gardens, LLC
Exhibit B – Proposed Notice of Exemption
3 ATTACHMENT 1
ORDINANCE NO. 24-__
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GOLETA, CALI FORNIA,
APPROVING A THIRD AMENDMENT TO THE GOL ETA GARDENS LLC
DEVELOPMENT AGREEMEN T TO PROVIDE THAT TH E TERM OF THE
DEVELOPMENT AGREEMEN T MUST NOT EXTEND BE YOND THE DATE THE COASTAL COMMISSION CERTIFIES THE CITY’S LOCAL COASTAL PROGRAM OR DECEMBER 31, 2025, W HICHEVER OCCURS FIRS T, AND FIND THAT THE
ORDINANCE IS EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALI TY ACT FOR THE PROPERTY LOCATED AT 907 S KE LLOGG AVENUE; CASE NO. 24- 0001-ORD
4 ORDINANCE NO. 24-__
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GOLETA,
CALIFORNIA, APPROVING A THIRD AMENDMENT TO THE GOLETA
GARDENS LLC DEVELOPMENT AGREEMENT TO PROVIDE THAT THE
TERM OF THE DEVELOPM ENT AGREEMENT MUST N OT EXTEND
BEYOND THE DATE THE COASTAL COMMISSION C ERTIFIES THE
CITY’S LOCAL COASTAL PROGRAM OR DECEMBER 31, 2025,
WHICHEVER OCCURS FIR ST, AND FIND THAT THE O RDINANCE IS
EXEMPT UNDER THE CAL IFORNIA ENVIRONMENTAL QUALITY ACT
FOR THE PROPERTY LOCATED AT 907 S KELLOGG AVENUE; CASE
NO. 24-0001-ORD
WHEREAS, on May 18, 2021, the City Council approved a Development Agreement with Goleta Gardens LLC (the “Development Agreement” or “DA”) to grant the City a license to use a private access road to the San Jose Creek Channel in exchange for the City’s extension of the deadline to use the City’s former zoning ordinance (Article 35 Coastal Zoning Ordinance) to December 31, 2023, for review of the applicant’s pending development proposal at 907 S. Kellogg Avenue (Case No 17 -121-DP-DRB); and
WHEREAS, on April 6, 2022 , the California Coastal Commission approved the Development Agreement with a condition that the term of the Development Agreement must not extend beyond the date the Coastal Commission certifies the City’s Local Coastal Program. Subsequently, the applicant submitted an application to amend the Development Agreement to implement the Coastal Commission’s condition (“First Amendment”); and
WHEREAS, on July 25, 2022, the Planning Commission recommended that the City Council approve the First Amendment to the Development Agreement to set the term of the Development Agreement to December 31, 2023, or the adoption date of the City’s Local Coastal Program, whichever occurred earlier; and
WHEREAS, on September 6, 2022, the City Council adopted the first Development Agreement Amendment to set the term of the DA to December 31, 2023, or the adoption date of the City’s Local Coastal Program, whichever occurred earlier; and
WHEREAS, on April 3, 2023, Robert Atkinson/SyWest Development (“applicant”) on behalf of Goleta Gardens LLC, owner of 907 S. Kellogg Avenue (Assessor Parcel Number 071-190-035) submitted an application for a second amendment to the Goleta Gardens LLC Development Agreement (the “Second Amendment) with the City requesting a term extension of the DA to December 31, 2024 or the adoption date of the City’s Local Coastal Program, whichever occurs earlier; and 5 Ordinance 24- ___
Third Amendment to the Sywest DA
907 S. Kellogg Ave.
WHEREAS, on July 2 4, 2023, the Planning Commission recommended that the City Council approve the Second Amendment to the Development Agreement to set the term of the Development Agreement to December 31, 2024, or the adoption date of the City’s Local Coastal Program, whichever occurred earlier; and WHEREAS, on September 5, 202 3, the City Council adopted the second amendment to the Development Agreement (“Second Amendment) to set the term of the DA to December 31, 202 4, or the adoption date of the City’s Local Coastal Program, whichever occurred earlier; and
WHEREAS the applicant has been diligently processing its underlying project under a different case and will not be able to get the case to hearing by December 31, 2024, and the City’s Local Coastal Program has not been approved yet; and WHEREAS, on March, 26 2024, Robert Atkinson/SyWest Development (“applicant”) on behalf of Goleta Gardens LLC, owner of 907 S. Kellogg Avenue (Assessor Parcel Number 071 -190-035) submitted an application for a third amendment to the Goleta Gardens LLC Development Agreement (the “ Third Amendment”) with the City requesting a term extension of the DA to December 31, 2025 or the adoption date of the City’s Local Coastal Program, whichever occurs earlier; and WHEREAS the application for Case No. 24-0001-ORD was deemed complete on April 25, 2024; and
WHEREAS Government Code Sections 65684 et seq. recognize an efficiency for development projects to rely on existing policies, rules and regulations, while also recognizing that development agreements can facilitate the provision of pub lic facilities as part of new development; and
WHEREAS Government Code Sections 65865 et seq. authorize local agencies to enter into Development Agreements with persons having legal or equitable development interests in real property located within that jurisdiction and provide guidance for adoption of development agreements by local agencies; and
WHEREAS Chapter 17.65 of the Goleta Municipal Code establishes the process and findings for Development Agreements proposed within the City of Goleta; and WHEREAS, on July 2 2, 202 4, the Planning Commission conducted a noticed public hearing on the Third Amendment, at which time all interested persons were given an opportunity to be heard and unanimously recommended adoption of the Third Amendment to the City Council; and
WHEREAS, on August 16, 2024, the site was posted for the September 3, 2024, 6 Ordinance 24- ___
Third Amendment to the Sywest DA
907 S. Kellogg Ave.
City Council meeting by the applicant (a minimum of 15 days prior to the City Council meeting); and
WHEREAS, on August 22, 2024, notice of the public hearing was published in the Santa Barbara Independent and notices were mailed to owners and occupants within 500 feet of the project site; and
WHEREAS, on September 3, 2024, the City Council conducted a duly noticed public hearing on the Third Amendment, 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, the Draft Third Amendment and oral and written testimony from interested persons.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GOLETA, AS FOLLOWS:
SECTION 1: Findings of Facts. The City Council hereby finds and determines that the foregoing recitals, which are incorporated herein by reference, are true and correct.
SECTION 2 : Development Agreement Findings. Pursuant to Goleta Municipal Code Section 17.65.040(C):
A. The Third Amendment is consistent with the goals, objectives, policies, general land uses, and programs specified in the General Plan and any applicable Specific Plan.
The Development Agreement facilitates the ability of the City of Goleta and other local agencies to access and maintain the lower San Jose Creek Channel, a major flood control channel and public works project called out to be completed in the City’s General Plan, consistent with the City of Goleta General Plan, Conservation Element policies 1.10, 2.5 , and 2.6. The Third Amendment would change the date of the termination clause to either be at the time the Local Coastal Program is certified by the California Coastal Commission or December 31, 202 5, whichever occurs first.
This clarification on timing does not change the Development Agreement’s consistency with the goals, objectives, and policies of the General Plan. Instead, it allows for time to complete the preparation of the applicant’s pending project Environmental Impact Report (EIR) and conduct the associated public hearings.
B. The Third Amendment is or will be compatible with the uses authorized in this Title, the district, and any applicable Specific Plan in which the property is located.
The Third Amendment does not affect the uses allowed or conditionally allowed as provided for in the applicable Service Industrial (I -S) land use designations. Further, 7 Ordinance 24- ___
Third Amendment to the Sywest DA
907 S. Kellogg Ave.
the purpose of the Third Amendment is to clarify the duration of the term of the Development Agreement to terminate either on the date the California Coastal Commission certifies the City of Goleta’s Local Coastal Program or December 31, 2025, whichever occurs first.
C. The Third Amendment will provide substantial public benefits.
The Third Amendment to the DA does not change the previously identified public benefits as adopted in Ordinance 21 -04, which is incorporated herein by reference.
The Development Agreement grants a license agreement by Goleta Gardens LLC to allow the City and County Flood Control District to access the San Jose Creek Channel. The City and Flood Control District would be able maintain the creek channel and provide flood protection to the surrounding properties and area. As stated, the purpose of the Third Amendment is to clarity that the term of the Development Agreement either terminates on the date the California Coastal Commission certifies the City of Goleta Local Coastal Program or December 31, 202 5, whichever occurs first.
D. The Third Amendment will be non-detrimental to the public health, safety and general welfare of persons residing or working in the neighborhood, and to property and improvements in the neighborhood.
The Third Amendment does not pose public health, safety and general welfare concerns to the surrounding neighborhood or residents near the project site in that it only authorizes the time for the review of the proposed development application using the previous zoning standards and process. As stated above, the Third Amendment has the effect of protecting the public health, safety and general welfare of persons in the neighborhood because it allows the City and County Flood Control District the right to access the San Jose Creek Channel to maintain it and provide flood protection.
E. The Third Amendment complies with the provisions for the implementation of the California Environmental Quality Act.
The Third Amendment complies with the provisions for implementation of the California Environmental Quality Act (CEQA) and can be found exempt per CEQA Guidelines 15061(b)(3). The Third Amendment does not involve physical development of the property at issue nor does it approve the underlying development project, which will undergo its own process under CEQA and be subject to the full entitlement process under the City’s zoning regulations
SECTION 3: Environmental Assessment for the Third Amendment. The City Counc il makes the following environmental findings:
A. The Third Amendment was analyzed for its potential environmental impacts and is 8 Ordinance 24- ___
Third Amendment to the Sywest DA
907 S. Kellogg Ave.
exempt pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.; “CEQA”) and CEQA Guidelines (14 Cal. Code Regs. Sections 15000 et seq.). Specifically, the project is statutorily exempt from environmental review pursuant to the following CEQA Guidelines: no possibility of significant effect [Section 15061 (b)(3)]; the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment [Section 15060(c)(2)].
B. There is substantial evidence in the record showing that the Exemption is appropriate for the Third Amendment.
C. A Notice of Exemption was prepared in full compliance with CEQA.
SECTION 4: Actions. The City Council take the following actions:
A. Approve the Third Amendment to the Development Agreement by and between the City of Goleta and Goleta Gardens, LLC for the property located at 907 S Kellogg provided as Exhibit A to this Ordinance based on the findings provided in Sections 1-4 above.
B. Find the Third Amendment to the Development Agreement is exempt under the California Environmental Quality Act as described in the Notice of Exemption (NOE) as provided as Exhibit B to this Ordinance and direct staff to file the Notice of Exemption (NOE) within five (5) business days after Council action.
SECTION 5: Reliance on Record. Each and every one of the findings and determinations of this Ordinance is based on the competent and substantial evidence, both oral and written, contained in the entire record relating to th e Third Amendment to the Development Agreement. The findings and determinations constitute the independent findings and determinations of the City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole.
SECTION 6 : Repeals. To the extent any provision of this Ordinance repeals or supersedes any previous approvals, such repeal or replacement will not affect any penalty, forfeiture, or liability incurred before, or precluded prosecution and imposition o f penalties for any violation occurring before this Ordinance’s effective date. Any such repeal or superseded part of previous approvals will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective dat e of this Ordinance.
SECTION 7 : Limitations. The City Council’s analysis and evaluation of the Third Amendment to the D evelopment Agreement is based on the best information currently available. It is inevitable that, in evaluating a project, absolute and perfect knowledge of all possible aspects of the project will not exist. One of the major limitations on analysis of the Third Amendment to the Development Agreement and Project is the City Council’s 9 Ordinance 24- ___
Third Amendment to the Sywest DA
907 S. Kellogg Ave.
lack of knowledge of future events. In all instances, best efforts have been made to form accurate assumptions.
SECTION 8 : Summaries of Information. All summaries of information in the findings, which precede this section, are based on the substantial evidence in the record. The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact.
SECTION 9: 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 10: Mailing to Applicant. The City Clerk is directed to mail a copy of this Ordinance to The Goleta Gardens LLC and to any other person requesting a copy.
SECTION 11: Certification of City Clerk. The City Clerk shall certify to the passage and adoption of this ordinance and, within 15 days after its adoption, shall cause it to be published in accord with California Law.
SECTION 12: Effective Date. This ordinance shall take effect on the 31 st day following adoption by the City Council.
INTRODUCED ON the ____day of ____ 2024.
PASSED, APPROVED, AND ADOPTED this ____day of ____2024.
_________________________
PAULA PEROTTE
MAYOR
ATTEST: APPROVED AS TO FORM:
__________________________ _________________________
DEBORAH S. LOPEZ ISAAC ROSEN
CITY CLERK ACTING CITY ATTORNEY
10 Ordinance 24- ___
Third Amendment to the Sywest DA
907 S. Kellogg Ave.
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. 2 4-__ was introduced on___ ______, and adopted at a regular meeting of the City Council of the City of Goleta, California, held on the ______ day of _________, 2024 by the following roll-call vote, to wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
(SEAL)
_________________________
DEBORAH S. LOPEZ
CITY CLERK
11 ATTACHMENT 1, EXHIBIT A
Third Amendment to Development Agreement
By and Between
City of Goleta and Goleta Gardens, LLC
12 THIRD AMENDMENT TO DEVELOPMENT AGREEMENT BY AND BETWEEN
CITY OF GOLETA
AND
GOLETA GARDENS LLC
THIS THIRD AMENDMENT (“ Third Amendment”) by and between the CITY OF GOLETA, a municipal corporation (the “City”), and GOLETA GARDENS LLC, a California limited liability corporation (“Goleta Gardens” or “Owner”) (together “Parties”) to the DEVELOPMENT AGREEMENT between the Parties which was approved by the City Council on May 18, 2021 (“Origin al Development Agreement”) and amended by the City Council on September 6, 2022 (“First Amendment”) and September 19, 2023 (“Second Amendment”).
RECITALS
A. Goleta Gardens is the owner of a 11.71-acre parcel of real property designated as APN 071-190-035 and located at 907 S. Kellogg Avenue in the City of Goleta, California (“Property”). A legal description of the Property is attached hereto as Exhibit A.
B. The City Council approved the Original Development Agreement on May 18, 2021, that among other things set the term of the Development Agreement to December 31, 2023.
C. The City Council approved the First Amendment to the Original Development Agreement on September 6, 2022, to incorporate a condition that the California Coastal Commission imposed in its approval of the Original Development Agreement that the term not exceed the adoption date of the City’s Local Coastal Program. The First Amendment set the term of the Development Agreement to December 31, 2023, or the adoption date of the City’s Local Coastal Plan, whichever occurred earlier.
D. The City Council approved the Second Amendment to the Original Development Agreement on September 19, 2023. The Second Amendment set the term of the Development Agreement to December 31, 2024, or the adoption date of the City’s Local Coastal Plan, whichever occurred earlier.
E. Owner has been diligently processing its underlying project under a different permit application and will not be able to get the case to hearing with the City by December 31, 2024, and the City’s Local Coastal Program has not been approved yet.
F. If the City’s hearing and decision on the case is made without a certified Local Coastal Plan, the case will be forwarded to the Coastal Commission for issuance of a Coastal Development Permit. Neither the City nor the Owner have control over the Coastal Commission’s processing timeline or decision. It is therefore 13 foreseeable that even if the City takes action on the case prior to December 31, 2025, the Coastal Commission may not complete their review prior to that date.
Moreover, the Coastal Commission’s action may modify the project and therefore require the City to hear the case once again to acknowledge new or revised project components or conditions.
G. In consideration of the uncertainty for timing and result of the Coastal Commission’s process, the Third Amendment seeks to revise the Term to extend beyond December 31, 2025, with no further action by Council for the limited purpose of allowing the Coastal Commission’s process to occur and allowing the City to apply the Development Agreement terms to any project revisions that may require City approval after the Coastal Commission’s permitting process.
H. Goleta Gardens now seek a one-year extension to the term of the Development Agreement so that the term of the Development Agreement is set to expire as to Goleta Gardens’ current application on December 31, 2025, or the adoption date of the City’s Local Coastal Program, whichever occurs earlier; however the terms of this Development Agreement shall apply after December 31, 2025 to allow Goleta Gardens to return to the City of Goleta to modify their project approval after the Coastal Commission process to conform the project to the Coastal Commission approval (“Third Amendment”).
I. The terms and conditions of this Third Amendment have been found by the City to be fair, just, and reasonable.
J. The public health, safety, and welfare of the citizens of the city will be served by entering into this Third Amendment by virtue of the Owner’s commitment to license the City’s and SBFCD’s use of the Creek Access Road during the term of the Development Agreement and a conditional commitment to convey an easement to the City and SBFCD.
K. This Third Amendment will bind future City Councils to the terms and obligations specified in this Amendment and limit, to the degree specified in this Amendment, the future exercise of the City's ability to regulate development on the Property.
L. This Third Amendment will serve to implement the policies, objectives, and standards of the elements of the City of Goleta General Plan and is consistent with the General Plan.
M. This Third Amendment and the consent of Owner and City to each of its terms and conditions will eliminate uncertainty in planning and provide for the orderly development of the Property and generally serve the public interest.
N. On July 2, 2024, the site was posted for the July 22, 2024, Planning Commission meeting by the applicant (a minimum of 15 day prior to the Planning Commission meeting);
O. On July 11, 2024, notice of the public hearing was published in the Santa Barbara 14 Independent and notices were mailed to owners and occupants within 500 feet of the project site; and
P. On July 22, 2024, the Planning Commission conducted a duly noticed public meeting on the Goleta Gardens LLC Development Agreement, at which time all interested persons were given an opportunity to be heard; and Q. On July 22, 2024, the Planning Commission considered the entire administrative record, including the staff report, the Draft Third Amendment to the Original Development Agreement and oral and written testimony from interested persons and on a 5-0 vote, recommended adoption to the City Council.
R. On August 20, 2024, the City Council conducted a duly noticed public meeting on the Goleta Gardens, LLC Development Agreement, at which time all interested persons were given an opportunity to be heard and considered the entire administrative record, including the staff report, the Draft Third Amendment to the Original Development Agreement and oral and written testimony from interested persons.
15 THIRD AMENDMENT TO ORIGINAL DEVELOPMENT AGREEMENT
NOW THEREFORE, in consideration of the above recitals, the mutual covenants and conditions herein contained, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows:
SECTION 1. DEFINITIONS
For purposes of this Amendment, except as otherwise expressly provided or unless the context otherwise requires:
a) “Original Development Agreement” means this Development Agreement by and between the City and Owner, approved by City Council on May 18, 2021. b) “Approval Date” means the date on which the Approval Ordinance for the Third Amendment is adopted by the City Council.
c) “Approval Ordinance” means Ordinance No. , adopted by the City Council of the City on [date] 2024, approving this Third Amendment. d) “CEQA” means the California Environmental Quality Act, Section 21000, et seq., of the California Public Resources Code.
e) “City” means the City of Goleta, California.
f) “City Council” means the City Council of the City of Goleta. g) “Code” means the Municipal Code of the City of Goleta. h) “Commencement Date” means that date which is 30 days following the Approval Date, provided, however, (i) if the Approval Ordinance is made the subject of a referendum, the Commencement Date shall be the date when the referendum proceedings have been concluded by any process which results in the Approval Ordinance, and (ii) if litigation challenging the validity of the Original Development Agreement (with the Amendment) and/or environmental review pursuant to CEQA should be brought after the Approval Date, the Commencement Date shall be the date such litigation is concluded in a manner that permits the commencement or continuation of the parties’ rights and obligations under the Original Development Agreement.
i) “Development Agreement Act” means Section 65864 et seq., of the California Government Code.
j) “First Amendment” means the Development Agreement as amended by ordinance approved by City Council on September 6, 2022.
k) “Second Amendment” means the Development Agreement as amended by ordinance approved by City Council on September 19, 2023. l) “Owner" means Goleta Gardens LLC, a California limited liability corporation and 16 each of its respective successors and assigns to all or any portion of the Property during such time as such portion is subject to the Original Development Agreement.
Goleta Gardens represents that it is the legal owner of the entire Property as of the date of adoption of the Approval Ordinance.
m) "Term" means the term of the Original Development Agreement, as amended in this Amendment.
n) "Zoning Ordinance" means the comprehensive Zoning Ordinance of the City, found in Title 17 of the Code of the City of Goleta as it exists on the Approval Date.
SECTION 2. THIRD AMENDMENT TO ORIGINAL DEVELOPMENT AGREEMENT (1) Section 7.01 of the Original Development Agreement shall be amended to read in its entirety:
“Term. This Agreement shall terminate on December 31, 2025 or the date that a coastal land use plan for the City is effectively certified by the Coastal Commission (whichever is sooner), except the Agreement extends beyond December 31, 2025 for the limited purpose of applying for project revisions that may require City approval after the Coastal Commission’s CDP permitting process.
Additionally, the Term can be extended if (i) it has been extended by written instrument executed by the Parties, or (ii) the “Commencement Date” has been delayed as a result of referendum proceedings or litigation as set forth in Section 1(h).” IN WITNESS WHEREOF, the parties have each executed this Amendment on the date first written above.
(signatures on next page)
17 CITY OF GOLETA
By:
Robert Nisbet, City Manager
GOLETA GARDENS, LLC
A Limited Liability Corporation
By:
William Vierra, Senior Vice President
ATTEST
By:
Deborah Lopez, City Clerk
APPROVED AS TO FORM:
By:
Isaac Rosen, Acting City Attorney
18 EXHIBIT “A”
PROPERTY LEGAL DESCRIPTION
Legal Description FOR APN/Parcel ID(s): 071-190-035
Parcel "B" of Parcel Map No. 11950, in the City of Goleta, County of Santa Barbara, State of California, in Book 13, Page 58 of Parcel Maps, in the Office of The County Recorder of said County
19 ATTACHMENT 1, EXHIBIT B
Notice of Exemption
20 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:
Goleta Gardens LLC Development Agreement Third Amendment Case No. 24-0001-ORD
Project Applicant:
Goleta Gardens LLC
Project Location (Address and APN):
907 S. Kellogg Avenue
Goleta, CA 93117
County of Santa Barbara
APN 071-190-035
Description of Nature, Purpose and Beneficiaries of Project:
Third Amendment to an existing Development Agreement (DA) that grants a license to the City to use a private access road to the San Jose Creek Channel in exchange for an extension of the deadline to use the City’s former zoning ordinance (Article 35 Coastal Zoning Ordinance) to December 31, 202 5 for review of the applicant’s pending development proposal (Case No 17 -121-DP-DRB). The Third Amendment would extend the Development Agreement term to December 31, 2025, or the adoption date of the City’s Local Coastal Program, whichever occurs first.
The beneficiaries of the projects are the property owner and the City of Goleta.
Name of Public Agency Approving the Project:
Goleta City Council
Name of Person or Agency Carrying Out the Project:
Goleta Gardens LLC
21 Exempt Status: (check one)
Ministerial (Sec. 15268)
Declared Emergency (Sec. 15269 )
Emergency Project (Sec. 15269)
Statutory Exemption/Other: §15061.B.3 & §15060.C.2
Reason(s) why the project is exempt:
Pursuant to the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code §§ 21000 et seq.), the regulations promulgated thereunder (14 Cal. Code of Regulations §§ 15000 et seq.), and the City’s Environmental Review Guidelines, the project has been found to b e exempt from CEQA. The City of Goleta is acting as the Lead Agency for this project.
The Development Agreement Amendment complies with the provisions for implementation of the California Environmental Quality Act (CEQA) and can be found exempt per CEQA Guidelines 15061(b)(3). The Development Agreement Amendment does not involve physical development of the property, nor does it approve the underlying project (Case No. 17-121- DP-DRB), which will undergo its own process under CEQA and be subject to the full entitlement process under the City’s zoning regulations. Therefore, the Development Agreement Amendment is statutorily exempt from environmental review pursuant to CEQA guidelines: no possibility of significant effect [Section 15061(b)(3); and the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment [Section 15060(c)(2)].
City of Goleta Contact Person, Telephone Number, and Email:
Kathy Allen, Supervising Senior
Planner (805) 961-7545,
[email protected]
________________________________________________________________________ Name Title Date
If filed by the applicant:
1. Attach certified document of exemption finding
2. Has a Notice of Exemption been filed by the public agency approving the project?
Yes No
Date received for filing at OPR:
Note: Authority cited: Section 21083 and 211110, Public Resources Code Reference: Sections 21108, 21152.1, Public Resources Code 22