Consideration of General Plan and Title 17 (Zoning) Amendments to Implement Housing Element 2023-2031 Programs and Determination that the Amendments are Exempt from the California Environmental Quality Act

Agenda Item C.1

CPMS PUBLIC HEARING
Meeting Date: November 19, 2024
TO: Mayor and Councilmembers
SUBMITTED BY: Peter T. Imhof, Planning and Environmental Review Director PREPARED BY: Anne Wells, Advance Planning Manager
Andy Newkirk, Supervising Senior Planner
SUBJECT: Consideration of General Plan and Title 17 (Zoning) Amendments to Implement Housing Element 2023 -2031 Programs and
Determination that the Amendments are Exempt from the California Environmental Quality Act
RECOMMENDATION:

A. Adopt Resolution No. 24 -__, entitled “A Resolution of the City Council of the City of Goleta, California, Amending Conservation Element Subpolicy CE 1.5 of the General Plan / Coastal Land Use Plan to Implement Housing Element 2023-2031 Subprogram HE 2.1(j) (Case No. 21-0002-GPA).”
B. Introduce and conduct first reading (by title only) and waive further reading of Ordinance No. 24-__, entitled “An Ordinance of the City Council of the City of Goleta, California, Adopting Various Amendments to Title 17 (Zoning) of the Goleta Municipal Code to Implement the Housing Element 2023-2031 and Finding the Amendments to be Exempt from the California Environmental Quality Act (Case No. 24-0003-ORD).” BACKGROUND:

On December 5, 2023, the City adopted an amended Housing Element 2023 -2031 (Housing Element). The Housing Element includes a variety of implementation programs that commit the City to General Plan and Title 17 of the Goleta Municipal Code (Title 17) amendments by December 2024. Many of these requirements have been met through the adoption of Ordinances No. 23 -05, 23-14, 23-15, 23-16, 23-17, and 24 -01. Several outstanding implementation programs remain to be addressed. These programs are addressed through the draft City Council Resolution provided as Attachment 1 and draft Ordinance provided as Attachment 2 and are discussed below. The Planning Commission considered this item on October 14, 2024, and recommended adoption of the proposed Resolution and Ordinance as presented to City Council.
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DISCUSSION:

The Resolution provided as Attachment 1 includes an amendment to the General Plan Conservation Element, shown in tracked changes, as Exhibit A to the Resolution. A draft ordinance to amend Title 17 (Proposed Ordinance) is included as Attachment 2. The proposed Title 17 amendments can be found in Section 4 of the Proposed Ordinance.

The amendments in the Proposed Ordinance are in a “clean” format, meaning they do not show the actual proposed changes to the adopted regulations of Title 17. For ease of understanding these proposed changes, a table of proposed amendments showing tracked changes from the currently adopted regulations of Title 17 is provided as Attachment 3.

The General Plan and Title 17 amendments proposed, as recommended by the Planning Commission, are summarized below by Housing Element implementation program.

Conversion of Conforming Residential Units

Housing Element subprogram HE 1.5(b) states that the City will consider adopting and implementing regulations to discourage the conversion of conforming residential units to non-residential uses. The City’s current regulations to discourage conversions are broken up into City-specific standards and State law requirements. These regulations are currently in Section 17.29.030 of the Goleta Municipal Code (GMC).

The Proposed Ordinance relocates Section 17.29.030 to its own chapter and makes changes primarily to the City -specific regulations. These changes are to: (1) broaden housing unit protection to include single -unit dwellings (only mul tiple-unit dwellings are currently protected), (2) broaden the types of unit losses that trigger replacement of units (only demolition of units is currently protected), (3) limit the protection to “conforming” units, and (4) allow for an exception where th e existing unit presents a public hazard.

State law protections remain mostly unchanged. O ne change from Assembly Bill 1218 (2023) expands applicability of certain State protections for income-restricted units when the units are to be replaced with non-residential development. (See subsections 4(D) and 4(I) of the Proposed Ordinance.)

Mixed-Use Open Space Standards

Housing Element subprogram HE 2.1(g) commits the City to reduce the open space requirement for mixed -use housing to better support conversion of existing non - residential development to include mixed-use housing. Current standards for mixed-use open space are governed by Section 17.24.120 of the GMC. Where no more than 40 percent of the total floor area is devoted to residential use, a minimum o f 60 square feet of open space per unit is required, provided as restricted (private) or common open space.

Where 40 percent or more of the total floor area is devoted to residential use, 100 square feet of common space per unit is required and the require d restricted open space is 200 square feet for units on the ground floor and 60 square feet for units above the ground floor.

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The Proposed Ordinance includes revisions to subsection 17.24.120( B) to allow mixed - use dwelling unit open space for projects where more than 40 percent of the floor area is devoted to residential uses to be provided in a combination of common and/or restricted open space (as opposed to a requirement for both) and to limit to the total required for each unit to 160 square feet. The 160 square feet requirement reflects the existing total open space requirement for units above the ground floor. The Proposed Ordinance also includes a change to subsection 17.24.120(A) to clarify that the open space provided does not have to be exclusivel y common or restricted, but that it could also be a combination of the two. (See subsection 4(A) of the Proposed Ordinance.)

Streamlining 100% Affordable Housing Projects

Housing Element subprogram HE 2.1(j) commits the City to adding 100 percent affordable (not including manager units) housing projects to the types of projects that get streamlined, ministerial review with objective design standards pursuant to Chapter

17.44, Multiple -Unit and Mixed -Use Objective Design Standards, of the GMC. Adding these projects to Chapter 17.44 would mean the projects would be ministerially processed, without the application of discretionary standards and approvals. To facilitate this commitment, the Proposed Ordinance includes a revision to the applicability section of Chapter 17.44 (subsection 17.44.010(B)) to add projects where all but management units are affordable to moderate- or lower-income households. By limiting this allowance to moderate-income and below households, the City ensures any units built under the se streamlining provisions will count towards the City’s Regional Housing Needs Allocation (RHNA) targets. (The City does have an above -moderate (workforce) category for households making 120 -200% area median income as part the City’s inclusionary housing requirements, but those units do not count towards the City’s below market rate RHNA targets.) (See subsection 4(H) of the Proposed Ordinance.)

Streamlining Small Mixed-Use Projects

Housing Element subprogram HE 2.1(j) also commits the City to exempting smaller mixed-use housing projects from the requirement for a Development Plan in the Community Commercial (CC), Old Town Commercial (OT), and Office and Intuitional (OI) zone district s. Title 17 currently includes exemptions from Development Plans in subsection 17.59.020(A). Current exemptions include residential projects of no more than 4 units in residential districts and structures of 5,000 square feet or less in commercial districts. All projects in OI currently require a Development Plan. In order to support the mixed-use housing sites identified in the Housing Element and to implement Housing Element subprogram HE 2.1(j), a new Development Plan exemption is proposed that would exempt mixed-use projects in CC, OT, and OI that do not exceed 4 residential units and 5,000 square feet of non-residential floor area. (See subsection 4(M) of the Proposed Ordinance.)

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Environmentally Sensitive Habitat Area (ESHA) Map Change Procedures

Housing Element subprogram HE 2.1(j) also commits the City to amend Conservation Element Policy CE 1.5 (Correction to Map of ESHAs) and Title 17 to ensure that changes to mapped ESHAs are not treated as a General Plan amendment for a project.

Historically, the City has processed any change to mapped ESHA shown in General Plan Figure 4-1 as a project-specific General Plan amendment. The California Department of Housing and Community Development (HCD) implicated this topic during the review of the City’s Hous ing Element 2023 -2031, specifically as it relates to processing times for housing projects.

Revisions to CE 1.5 to address HE 2.1(j) are shown in tracked changes as Exhibit A to Attachment 1 and Title 17 amendments to implement the CE 1.5 revisions are included in the Proposed Ordinance. The revisions do the following:

 Make clear that ESHA boundary change s are not considered a General Plan amendment for a project
 Maintain that only the Planning Commission (or City Council if the project would otherwise go to City Council ) has the authority to approve a project with ESHA boundaries that differ from those shown in the General Plan  Include a commitment that the City will update the General Plan ESHA boundaries every 5 years
 Require a public hearing, with sp ecific noticing, for any project that includes a proposed ESHA map change
 Require the Planning Commission (or City Council) make a specific finding regarding the ESHA boundaries for any project that includes a proposed ESHA map change
 Clarify in Section 17.30.010 that the City’s ESHA regulation address impacts to all ESHA (and not just ESHA mapped in the General Plan).

(See subsections 4(E), 4(F), and 4(J) of the Proposed Ordinance.)

Revised Findings

Housing Element subprogram HE 2.1(k) commits the City to process Title 17 amendments to address findings for Design Review and Development Plan approvals to ensure the findings do not limit residential densities below the minimum required for the project site. The specific findings at issue are the first and third Design Review findings (subsections 17.58.080(A) and (C)) relating to neighborhood compatibility and the second Development Plan finding (subsection 17.59.030(B)), which specifically mention the adequacy of the project site to accommodate the density of the project.

The Proposed Ordinance includes the addition of a clause to the above -cited findings to ensure the findings cannot be used to deny a project solely because of a dwelling unit density of the project that meets the minimum density required for the site. (See subsections 4(K), 4(L), and 4(N) of the Proposed Ordinance.) 4 Meeting Date: November 19, 2024

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Studio and 1-Bedroom Unit Parking Standards

Housing Element subprogram HE 2.3(d) commits the City to reduce parking requirements for studio and one-bedroom dwelling units. HCD specifically instructed the City to commit to reducing parking requirements as a way to address local constraints to housing development. The current Title 17 parking requirement for studio and one-bedroom units is two parking spaces per unit (with one of those covered). No other jurisdiction on the South Coast of Santa Barbara County has a parking requirement greater than 1.25 spaces for studios and one-bedroom units.

The Proposed Ordinance reduces the studio par king standard to one space per unit (covered) and the one -bedroom parking standard to one and one -half spaces per unit (with one space covered). (See subsection 4(G) of the Proposed Ordinance.)

Subprogram HE 2.3(d) commits the City to research and map are as of parking scarcity to inform future parking reductions. In consultation with the City’s Parking Enforcement Officer, two specific residential areas with historic parking issues were identified: (1) along Ellwood Beach and Mathilda Drives and (2) in Old Town around Orange Avenue, Nectarine Avenue, and Mandarin Drive. A review of projects shows that the parking approved for multi-unit housing in those areas was typically significantly less than what would be required under Title 17, even with the parking reduction for studio and one - bedroom units in the Proposed Ordinance. Based on this analysis, the proposed parking reductions would not lead to the same levels of demand for on-street parking that is seen in those areas.

Density Bonus Regulations

Housing Element subprogram HE 2.4(a) commits the City to monitor State Density Bonus Law (SDBL) and amend Title 17 as needed. As part of this ongoing review, City staff identified an issue that needs addressing: the term of affordability for for -sale below market-rate ( BMR) units approved through SDBL. SDBL has a 55 -year affordability requirement for BMR rental units, but SDBL rules for for-sale units provide no such term.

SDBL requires BMR for-sale units to initially be sold to and occupied by a lower - or moderate-income household but then allows the unit to be sold to any purchaser at any time for market value, provided that the increased appreciation be split proportionally between the local gover nment and the initial purchaser (through an equity sharing agreement). SDBL allows the City to deviate from the equity sharing agreement approach described above, if such an approach conflicts with, among other things, a public law. To implement a “public law” to supersede the SDBL equity sharing agreement provisions, the Proposed Ordinance includes revisions to Chapter 17.27 to include a 55 -year term for all BMR units developed under SDBL. An accompanying amendment is included to remove reference to proced ures for common interest developments. Finally, language regarding transfers and conveyances of SDBL BMR units is added to mirror the same language from the City’s inclusionary housing regulations. (See subsections 4(B) and 4(C) of the Proposed Ordinance.)
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GOLETA STRATEGIC PLAN:

City-Wide Strategy: 4. Support Economic Vitality
Strategic Goal: 4.7 Support organizations, programs, and policies that facilitate affordable housing for the Goleta workforce

ENVIRONMENTAL REVIEW

On December 5, 2023, the City Council adopted an Addendum to the Goleta General Plan/Coastal Land Use Plan Environmental Impact Report (EIR), which was certified in October 2006 by the City Council. The adoption of the Addendum satisfied the City obligations under the California Environmental Quality Act (CEQA) with respect to amending the General Plan and Title 17 of the Goleta Municipal Code to implement the Housing Element 2023 -2031. Thus, no further environmental review is required for the amendments to the General Plan and Title 17 to implement the Housing Element 2023 - 2031.

Additionally, the amendments proposed are not subject to CEQA pu rsuant to Section 15060(c)(3) of the CEQA Guidelines 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 amendments 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.

Finally, pursuant to Public Resources Code Section 21083.3 and CEQA Guidelines Section 15183, projects that are consistent with the development density of existing zoning, community plan, or General Plan policies for which an EIR was certified shall be exempt from additional CEQA analysis, except as may be necessary to determine whether there are project-specific significant effects that are peculiar to the project or site that would otherwise require additional CEQA review. There is no new substantial information indicating that the impacts of adopting the amendments will be more severe than described in the General Plan EIR and there are no cumulative or off -site impacts from the proposed amendments that were not addressed in the General Plan EIR.

A draft of the proposed Notice of Exemption is provided as Attachment 4.

FISCAL IMPACTS:

There is no direct fiscal impact from adopting the attached Resolution and Ordinance.

Funding for Planning and Environmental Review staff time to prepare the proposed Ordinance was included in the adopted FY 2023 –24 and FY 2024-2025 Budgets under Program 4300 of the Advance Planning Division.

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ALTERNATIVES:

The City Council could choose not to adopt any of the amendments presented. Failure to adopt amendments would delay the City’s implementation commitments within the adopted Housing Element . The City Council could also choose to alter the proposed language of the proposed amendments, as long as the commitments in the Housing Element are still met.

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, Amending Conservation Element Subpolicy CE 1.5 of the General Plan / Coastal Land Use Plan to Implement Housing Element 2023-2031 Subprogram HE 2.1(j) (Case No. 21-0002-GPA)”

Exhibit A: Conservation Element Subpolicy CE 1.5 Amendments

2. Ordinance No. 24 -__, entitled “An Ordinance of the City Council of the City of Goleta, California, Adopting Various Amendments to Title 17 (Zoning) of the Goleta Municipal Code to Implement the Housing Element 2023 -2031 and Finding the Amendments to be Exempt from the California Environmental Quality Act (Case No. 24-0003-ORD)”

3. Title 17 Proposed Ordinance Amendments in Tracked Changes Table (For Reference Purposes Only)

4. Notice of Exemption

5. Staff Presentation
7 ATTACHMENT 1

Resolution No. 24-__, entitled “A Resolution of the City Council of the City of Goleta, California, Amending Conservation Element Subpolicy CE 1.5 of the General Plan / Coastal Land Use Plan to Implement Housing Element 2023-2031 Subprogram HE 2.1(j) (Case No. 21-0002-GPA).” 8 RESOLUTION NO. 24-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

GOLETA, CALIFORNIA, AMENDING CONSERVATIO N
ELEMENT SUBPOLICY CE 1.5 OF THE GENERAL PLAN /

COASTAL LAND USE PLA N TO IMPLEMENT HOUSI NG
ELEMENT 2023-2031 SUBPROGRAM HE 2.1(J) ( CASE NO. 21 -
0002-GPA)

WHEREAS the City of Goleta’s General Plan / Coastal Land Use Plan (“General Plan”) includes a Land Use Element and Housing Element among other elements; and

WHEREAS, on December 5, 2023, the City Council adopted the amended Housing Element 2023-2031; and

WHEREAS, among other things, the amended Housing Element 2023 - 2031 includes Implementation Programs. Among these Programs is P rogram HE

2.1, entitled “Encourage a Diverse Range of New Housing”; and

WHEREAS Program HE 2.1 includes subprogram (j), which has an implementation timeframe of December 2024; and

WHEREAS subprogram HE 2.1(j) requires General Plan amendment to Conservation Element subpolicy CE 1.5 to ensure that changes to mapped environmentally sensitive habitat areas are not treated as a General Plan amendment for a project; and

WHEREAS the Planning Commission Council conducted a duly noticed public hearing on October 14, 2024, regarding amendments to the General Plan to implement HE 2.1( j) at which time all interested persons were given an opportunity to be heard; and

WHEREAS, on October 14, 2024, the Planning Commission adopted Resolution 24-06, recommending to the City Council adoption of amendments to the General Plan to implement HE 2.1(j); and

WHEREAS, the City Council, on Decem ber 5, 2023, adopted 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 imp acts of the actions taken in this Resolution. Adopting the Addendum satisfied the City Council’s obligations under the California Environmental Quality Act (“CEQA”) regarding amendments to the General Plan to implement HE 2.1( j), and none of the conditions in Public Resources Code section 21166 or State CEQA Guidelines section 15162 apply. Thus, no further 9 Resolution 24-__
CE 1.5 GPA

@BCL@30172B91
environmental review is required as adoption of this Resolution falls within the scope of the adopted Addendum and previously certified EIR; and

WHEREAS the City Council conducted a duly noticed public hearing on November 19, 2024, regarding amendments to the General Plan to implement HE 2.1( j), 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 (and all attachments thereto), the General Plan, the staff presentation, 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. 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 General Plan Amendments

The changes to the Conservation Element to implement HE 2.1(j) amends the City’s General Plan / Coastal Land Use Plan. Accordingly, pursuant to Goleta Municipal Code subsection 17.67.050(C), the City Council hereby finds as follows:

(a) The amendment is consistent with the guiding principles and goals of the General Plan.

The first Guiding Principle/Goal of the Conservation Element is to “[p]rotect, maintain, and enhance natural ecosystem processes and functions in Goleta and its environs in order to maintain their natural ecological diversity.” The amendments to subpolicy CE 1.5 continues to emphasize protection of Environmentally Sensitive Habitat Areas (ESHA) while providing clearer processing expectations and timelines for development within the City. The clarifications provided in subpolicy CE 1.5 will better serve the goals and objectives found within the Housing Element 2023 -2031 and the Guiding Principles and Goals of the Land Use Element, such as Principle/Goal #8, to “[m] aintain a balance of housing types, densities, and sizes and ensure creation and maintenance of quality, livable residential environments.”

10 Resolution 24-__
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Additionally, one of the four main purposes of the General Plan is to provide a unified and coherent framework and vision for the future of the community. By implementing a General Plan amendment identified in the Housing Element 2023 -2031, the City ensures a unified vision, particularly considerate of future housing development, thought all elements of the General Plan.

For these reasons, the General Plan amendment is consistent with the guiding principles and goals of the General Plan.

(b) The amendment is deemed to be in the public interest.

The General Plan amendment serves to clarify and streamline development proce ssing, including for housing development.

Improvements in the permitting process 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 t he City to jobs within the City, thereby benefiting residents and employees within the City. At the same time, the amendment will maintain the City’s high level of protection for ESHA and provide clarity on how ESHA are mapped and protected.

For these re asons, the General Plan amendment is in the public interest.

SECTION 3. City Council Action

The City Council takes the following action:

Amend the text of the Conservation Element subpolicy CE 1.5, as shown in Exhibit “A,” attached hereto and incorporated herein by reference.

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.

SECTION 5. Effective Date

This resolution shall become effective immediately upon its adoption.

SECTION 6. Severability

If any section, sentence, clause or phrase of this resolution or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional by a court of compete nt 11 Resolution 24-__
CE 1.5 GPA

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jurisdiction, such invalidity or unconstitutionality shall not affect other provisions or applications of this resolution that can be given effect without the invalid provision or application, and to this end the provisions of this resolution are severa ble. The City Council hereby declares that it would have adopted this resolution and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

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

12 Resolution 24-__
CE 1.5 GPA

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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 a t a regular meeting held on the ___ day of ______, 2024 by the following vote of the Council:

AYES:

NOES:

ABSENT:

(SEAL)

_________________________
DEBORAH S. LOPEZ

CITY CLERK

13 EXHIBIT A

Conservation Element Subpolicy CE 1.5 Amendments

14 CE 1.5 Corrections to Map of ESHAs. [GP/CP] If a site-specific biological study, prepared consistent with subpolicy CE 1.3, contains substantial evidence that an area previously shown as an ESHA on Figure 4-1 (and Figure 3-5) does not contain habitat that meets the definition of an ESHA for reasons, other than that set forth in CE 1.4, or an area not shown as ESHA on Figure 4-1 (and Figure 3-5) that meets the definition of an ESHA, the Planning Commission, or the City Council if it is otherwise the Review Authority for the underlying project under Title 17 of the Goleta Municipal Code, shall make a finding based on substantial evidence as part of the project approval regarding the physical extent of the ESHA and detailed justification for revisions at the project site, the City biologist and the Planning Commission shall review all available information and determine if the area in question should no longer be considered an ESHA and therefore not be subject to the ESHA protection policies of this plan. If the final decision- making bodyPlanning Commission, or the City Council if it is otherwise the Review Authority for the underlying project under Title 17 of the Goleta Municipal Code, finds determines that a change in the mappedthe area is not an ESHA is warranted, a map revisionmodification shall be included in the next General Plan/Coastal Land Use Plan ESHA map amendment as detailed below. In cases of removal of mapped ESHA, the General Plan/Coastal Land Use Plan ; however, Local Coastal Program policies and standards for protection of ESHAs shall not apply, and approval of development consistent with all other requirements of the General Plan/Coastal Land Use Plan this plan may be considered prior to the map revision.

At a minimum, Figure 4-1 (and Figure 3-5) shall be reviewed and updated every five years to reflect currently available information, including up-to-date information on locations of rare, threatened, or endangered species or habitats; changes made in project approval decisions; and changes due to rising sea level. 15 ATTACHMENT 2

Ordinance No. 24-__, entitled “An Ordinance of the City Council of the City of Goleta, California, Adopting Various Amendments to Title 17 (Zoning) of the Goleta Municipal Code to Implement the Housing Element 2023-2031 and Finding the Amendments to be Exempt from the California Environmental Quality Act (Case No. 24-0003-ORD)”
16 Ordinance No. 24-__ Housing Element Title 17 Amendments ORDINANCE NO. 24-__

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GOLETA, CALIFORNIA, ADOPTING VARIOUS AMENDMENTS T O TITLE 17
(ZONING) OF THE GOLETA MUNICIPAL CODE TO IMPLEMENT THE
HOUSING ELEMENT 2023-2031 AND FINDING THE AMENDMENTS TO

BE EXEMPT FROM THE C ALIFORNIA ENVIRONMEN TAL QUALITY
ACT (CASE NO. 24-0003-ORD)

WHEREAS the City of Goleta (City) adopted Title 17 (Zoning) of the Goleta Municipal Code (GMC) on March 3, 2020; and

WHEREAS, on December 5, 2023, the City adopted an amended Housing Element 2023-2031; and

WHEREAS the amended Housing Element 2023-2031 includes several programs that require the City to process Title 17 amendments; 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 for the Housing Element 2023 -2031 amendments and implementing General Plan and Title 17 amendments; and

WHEREAS the Planning Commission conducted a duly noticed public hearing on October 14, 2024, at which time all interested p arties were given an opportunity to be heard; and

WHEREAS the Planning Commission recommended to City Council adoption of the Housing Element Title 17 Amendments Ordinance on October 14, 2024; and

WHEREAS the City Council conducted a duly noticed public hearing on _________ __, 2024 at which time all interested persons were given an opportunity to be heard; and

WHEREAS the City Council adopted Ordinance No. 24-__, which amends Title 17 of the GMC, by a majority vote on _________ __, 2024;

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 foregoing recitals, which are incorporated herein by reference, are true and correct.

SECTION 2 Required Findings for Ordinance Amendments
17 Ordinance No. 24-__ Housing Element Title 17 Amendments Pursuant to subsection 17.66.050(B) of the Goleta Municipal Code , the City Council makes the following findings:

1. The amendment is consistent with the General Plan , the requirements of State planning and zoning laws, and Title 17 of the Goleta Municipal Code.

The Ordinance, which amends the Goleta Municipal Code Title 17, is consistent with all applicable provisions of the City’s General Plan that relate to development on real property throughout the City.

The Ordinance serves as implementation of various Housing Element implementation programs to support housing . Specifically, the Ordinance serves as implementation for Housing Element subprograms HE 1.5 (Limit Conversion of Rental Housing to Condominiums and Housing Units to Nonresidential Use), HE

2.1(g) (Mixed -Use Housing), HE 2.1(j) (Streamlined Processing), HE 2.1(k) (Revised Findings), HE 2.3(d) ( Parking Standards), and HE 2.4 (Density Bonus).

Implementation of these subprograms serves to align the City’s zoning regulations with State housing requirements to reduce barriers to the development of affordable housing.

Therefore, the Amendment is con sistent with the General Plan, the requirements of State planning and zoning laws, and Title 17 of the Goleta Municipal Code.

2. The amendment is in the interests of the general community welfare.

The Ordinance, which amends Goleta Municipal Code Title 17, will allow the City to continue to regulate housing development in the City while further supporting the types of housing and processes identified in the Housing Element 2023-2031, including additional mixed-use development and below market -rate housing, and better protecting existing and future housing stock.

The effective exercise of the City’s police powers also ensures the City’s ability to implement the goals, objectives, and policies of the General Plan, which protect the health, safety, and general welfare of the community. Additionally, the Ordinance provides clarity to the City’s zoning regulations to help ensure the consistent application of City land use regulations.

Therefore, the Amendment is in the interest of the general community welfare.

3. The amendment is consistent with good zoning and planning practices.

The Ordinance, which amends Goleta Municipal Code Title 17, will help the City continue to implement the community goals, objectives, and policies of the General Plan. Furthermore, the Amendment will further enable the City to have better control over existing and future land uses and development on real property throughout Goleta and ensure full compliance with State law controlling the review of certain types of development.
18 Ordinance No. 24-__ Housing Element Title 17 Amendments By updating Title 17 to reduce costs for new residential development; improve processing times and certainty for certain housing projects; and protecting existing and future housing stock, including below market-rate units, the Ordinance is consistent with good zoning and planning practices.

Therefore, the Amendment is consistent with good zoning and planning practices.

SECTION 3 Environmental Review

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 amendments above related to Housing Element 2023 -2031 implementation. The resolution to adopt the Addendum satisfied the City Council’s obligations under the California Environmental Quality Act (CEQA) (California Public Resources Code Sections 21000 et seq.) with respect to adopting the amended Housing Element 2023 -2031 and amending the General Plan/Coastal Land Use Plan and Title 17 of the Goleta Municipal Code as detailed in the Housing Element 2023-2031 and none of the conditions in Public Resources Code Section 21166 or State CEQA Guidelines (Title 14, Chapter 3 of the California Code of Regulations) Section 15162 apply. Thus, no further environmental review is required for the amendments to implement the Housing Element 2023-2031, as adoption of those amendments falls within the scope of the adopted Addendum and previously certified EIR.

Additionally, the amendments are not subject to CEQA pursuant to Section 15060(c)(3) of the CEQA Guidelines because the activity is not a project as d efined 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 amendments are also exempt from CEQA pursuan t 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.

Finally, pursuant to Public Resources Code Section 21083.3 and CEQA Guidelines Section 15183, projects that are consistent with the development density of existing zoning, community plan, or General Plan policies for which an EIR was certified shall be exempt from additional C EQA analysis, except as may be necessary to determine whether there are project-specific significant effects that are peculiar to the project or site that would otherwise require additional CEQA review. There is no new substantial information indicating that the impacts of adopting the amendments will be more severe than described in the General Plan EIR and there are no cumulative or off -site impacts from the proposed amendments that were not addressed in the General Plan EIR.

As such, the Ordinance is exempt from further CEQA review.

19 Ordinance No. 24-__ Housing Element Title 17 Amendments SECTION 4 Title 17 of the Goleta Municipal Code Amendments

Title 17 of the Goleta Municipal Code is hereby amended as follows:

A. Section 17.24.120 is amended to read as follows:

Mixed-use development must comply with the following standards for open space:

A. For Mixed-Use Development where no more than 40 percent of the total floor area of the development is devoted to residential use, a minimum of 60 square feet of open space per unit is required, which may be provided as restricted and/or common open space.

B. For Mixed-Use Development where more than 40 percent of the total floor area of the development is devoted to residential use, a minimum of 160 square feet of open space per unit is required, which may be pro vided as restricted and/or common open space.

B. Subsection 17.27.030(B)(7) is amended to read as follows:

Required Term of Affordability . Unless the affordable housing unit is governed by subsection 17.28.050(C), the term of affordability restrictions shall be 55 years.

C. Subsection 17.27.030(B)(9) is amended to read as follows

Transfers and Conveyances. A new affordability housing covenant will be entered into upon each change of ownership of a n affordable housing unit and upon any transfer or conveyance (whether voluntarily or by operation of law) of an owner - occupied affordable housing unit.

D. Chapter 17.29 is retitled as “Demolition and Relocation” and amended to read as follows:

Section 17.29.010 Applicability.

No structure in the City may be demolished, removed, or relocated, except as authorized under the provisions of this chapter.

A. Removal Considered Development. For purposes of this chapter, the removal of a structure for relocation to another lot is considered a demolition on the origin site and new development on the receiving site. Structures may be relocated subject to the requirements of Section 17.29.030, Relocation of Structures.

B. Exemptions. The following structures are exempt from the provisions of this chapter:

1. Any building, structure, object, or site that is less than 50 years old that is not:

20 Ordinance No. 24-__ Housing Element Title 17 Amendments a. Located within the Coastal Zone or within the Old Town Heritage Overlay District; or

b. A historic resource; or

c. Identified as a historical resource under the California Environmental Quality Act (CEQA).

2. Any building structure, object, or site that is 50 years or more in age that is not a historic resource

3. Notwithstanding anything to the contrary, if a building, structure, or object is determined by the City’s Building Official to be unsafe, presents a public hazard, is not securable, or is in imminent danger of collapse so as to e ndanger persons or property, it must be demolished. The Building Official’s determination in this matter will be governed by applicable law.

Section 17.29.020 Permit Requirements.

Demolition or relocation of structures, including historic resources, subject to this chapter must obtain the following permit types:

A. Coastal Zone. All buildings, structures, or objects proposed for demolition or relocation that are located on property within the Coastal Zone of the City are subject to the permit requirements of Chapter 17.61, Coastal Development Permits.

1. Exception. Demolition or relocation of any historic resource requires the approval of a Major Conditional Use Permit.

B. Inland Area. All buildings, structures or objects proposed for demolition or relocation that are located on property within the Inland Area of the City are subject to the following:

1. Zoning Clearance. Any demolition of a structure that is 50 years or more in age and is neither a historic resource nor within a buffer of any other protected resource (e.g., ESHA, cultural, oak tree CRZ, etc.) and structures less than 50 years in the Old Town Heritage Overlay District.

2. Land Use Permit. Any demolition of a structure that is 50 years or more in age and is not a historic resource but is within the buffer area of a protected resource.

3. Discretionary Action . A discretionary action is required under the following circumstances:

a. Any demolition associated with a permit application that involves other development that requires discretionary review and approval. The demolition must be concurrently processed as part of the overall project.

21 Ordinance No. 24-__ Housing Element Title 17 Amendments b. Historic Resources. Demolition or relocation of any historic resource requires the approval of a Major Conditional Use Permit.

Section 17.29.030 Relocation of Structures.

Structures may be relocated within the City if the following requirements are met:

A. The relocated structure must comply with all regulations of this Title, including all applicable development standards for the base zoning district of the property upon which the structure is proposed to be relocated.

E. Section 17.30.010, is amended to read as follows:

The purpose of this chapter is to establish standards for development that could impact Environmentally Sensitive Habitat Areas (ESHA) and to describe the permit requirements and the review process for such proposed development. More specifically, this chapter is intended to:

A. Protect, maintain, and enhance natural ecosystem processes and functions in Goleta’s ESHA in order to maintain their natural ecological diversity.

B. Preserve, restore, and enhance the physical and biological integrity of Goleta’ s creeks and natural drainages and their associated riparian and creek-side habitats.

C. Protect, restore, and enhance coastal bluffs and dune areas.

D. Identify and protect wetlands, including vernal pools, as highly productive and complex ecosystems that provide special habitats for flora and fauna, as well as for their role in cleansing surface waters and drainages.

E. Protect and enhance other important aquatic and terrestrial habitats, including those associated with rare, threatened, or endangered species of plants or animals.

F. Protect marine aquatic habitats.

G. Protect monarch butterfly habitats.

F. Section 17.30.200, entitled “Changes to Mapped ESHA”, is added to read in its entirety:

If a project includes a change to the extent of mapped ESHA, as represented on Figure 4-1 of the City’s General Plan Conservation Element, the Planning Commission shall be the Review Authority for the project and make, in addition to any other findings required for the project, the following finding at a public hearing:
22 Ordinance No. 24-__ Housing Element Title 17 Amendments

A. Based on substantial evidence, including a site -specific Biological Study prepared consistent with subsection 17.30.030(B) and peer reviewed by a City -retained biologist, the physical extent of the ESHA applicable to the project is accurately reflected in a manner that refines the locations of ESHA shown in Figure 4 -1 of the City’s General Plan Conservation Element.

G. Table 17. 38.040(A) is amended to create separate rows for “Multiple-Unit Development, Studios” and “Multiple Unit, One -Bedroom Un its” with the following parking requirements (with no change to requirements for covered parking, guest parking, and reductions for senior housing and income - restricted units) for those unit types:

1. Multiple-Unit Development, Studios: 1 space per unit.

2. Multiple-Unit Development, One-Bedroom Units: 1.5 spaces per unit.

H. Subsection 17.44.010(B)(4) is added to read in its entirety:

Residential projects that consist of 100 percent affordable housing units for extremely low-, very low -, low -, and moderate-income households, except for any unit(s) dedicated to on-site management.

I. Chapter 17.45, entitled “Replacement of Lost Dwelling Units” is added to read in its entirety:

Section 17.45.010 Loss of Multi-Unit Dwellings.

In addition to the requirements of Section 17.45.020 below, the City will not allow the demolition or other loss of any conforming dwelling unit unless associated with a project that will create at least as many residential dwellings as will be demolished or lost.

A. Notwithstanding anything to the contrary, if a dwelling unit is determined by the City’s Building Official to be unsafe, presents a public hazard, is not securable, or is in imminent danger of collapse so as to endanger persons or property, it must be demolished. The Building Official’s determination in this matter will be governed by applicable law.

Section 17.45.020 New Development Under State Law.

A. Any development on a site that currently has residential uses, or within t he past five years has had residential uses that have been vacated or demolished, that are or were subject to affordability restrictions as detailed in Government Code Section 65583.2(g)(3), shall replace those units affordable to the same or lower income level in accordance with Government Code Section 65583.2(g)(3).

B. In accordance with Government Code Section 66300.6(a), no housing development project, as defined by Government Code Section 65905.5(b)(3), that will require the 23 Ordinance No. 24-__ Housing Element Title 17 Amendments demolition of a residential dwelling unit shall be approved unless the project will create at least as many residential dwellings as will be demolished.

C. In accordance with Government Code Section 66300.6(b), no development project that will require the demolition of occupied or vacant protected units, as that term is defined in Government Code Section 66300.5(h) or that is located on a site where protected units were demolished in the previous five years, shall be approved unless all the requirements of Government Code Section 66300.6(b) are met. When this subsection applies, all applicable requirements of Government Code Section 66300.6(b) must be met.

Section 17.45.030 Timing of Replacement.

The City shall not issue a certificate of occupancy for any other Building Permits for the project until all certificates of occupancy have been issued for the replacement unit(s).

J. Subsection 17.52.050(B)(1)(c) is amended to read as follows:

A general description of the proposed project, requested permit action, any requested modifications, and when applicable, any change to the extent of mapped ESHA, as represented on Figure 4-1 of the City’s General Plan Conservation Element, proposed for the project pursuant to Section 17.30.200;”

K. Subsection 17.58.080(A) is amended as follows:

The development, except as it relates to the minimum allowed dwelling unit density for the site, will be compatible with the neighborhood, and its size, bulk and scale will be appropriate to the site and the neighborhood.

L. Subsection 17.58.080(C) is amended to read as follows:

The development, except as it relates to the minimum allowed dwelling unit density for the site , demonstrates a harmonious relationship with existing adjoining development, avoiding both excessive variety as well as monotonous repetition, but allowing similarity of style, if warranted.

M. Subsection 17.59.020(A)(7) is added to read as follows:

Mixed-Use Development that includes no more than 5,0 00 square feet of non - residential square footage and no more than 4 dwelling units.

N. Subsection 17.59.030(B) is amended to read as follows:

The site for the project is adequate in size, shape, location, and physical characteristics to accommodate the intensity, except as it relates to the minimum allowed dwelling unit density for the site, of development proposed.

24 Ordinance No. 24-__ Housing Element Title 17 Amendments SECTION 5 Effect of Amendments

To the extent any provision of this Ordinance repeals , amends, or supersedes any previous approvals, such re peal 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 previ ous approvals will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance.

SECTION 6 Severability

If any part of this Ordinance or its application is deemed invalid by a cour t 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 7 Codification

The City Cl erk 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 8 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 9 Effective Date

This Ordinance shall take effect on the 31st day following adoption by the City Council.

25 Ordinance No. 24-__ Housing Element Title 17 Amendments 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 MEGAN GARIBALDI

CITY CLERK CITY ATTORNEY
26 Ordinance No. 24-__ Housing Element Title 17 Amendments

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. 24-__ 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

27 ATTACHMENT 3

Title 17 Proposed Ordinance Amendments in Track Changes Table (For Reference Purposes Only)
28 Attachment 3: Title 17 Proposed Ordinance Amendments in Tracked Changes Table (For Reference Purposes Only) 1 HE
Program GMC Citation Revision(s)

2.1(g) 17.24.120 Mixed-use development must comply with the following standards for open space:

B. For Mixed-Use Development where more than 40 percent or more of the total floor area of the development is devoted to residential use, a minimum of 160 square feet of open space per unit is required, which may be provided as restricted and/or common the open space requirements consistent with paragraphs (1)(b) and (2) of Section 17.07.050(B), Additional Development Regulations for RP, RM, and RH Districts—Open Space, must be met.

2.4(a) 17.27.030(B)(7) Required Term of Affordability. Unless the affordable housing unit is governed by subsection 17.28.050(C), the term of affordability restrictions shall be 55 years. The minimum duration of affordability of the housing units will be as provided by California Government Code Section 65915(c)(1). Provisions must cover resale control and deed restrictions on affordable housing units that are binding on the property upon sale or transfer.
29 Attachment 3: Title 17 Proposed Ordinance Amendments in Tracked Changes Table (For Reference Purposes Only) 2 2.4(a) 17.27.030(B)(9) Transfers and Conveyances. A new affordability housing covenant will be entered into upon each change of ownership of an affordable housing unit and upon any transfer or conveyance (whether voluntarily or by operation of law) of an owner-occupied affordable housing unit.

Common Interest Developments. In the case of common interest developments, the Agreement must provide for the following conditions governing the affordable housing units:
a. Affordable units must, upon initial sale, be sold to qualified purchasers at an affordable sales price.
b. Upon resale, the seller of an affordable housing unit will retain the value of any improvements, the down payment, and the seller’s proportionate share of appreciation.

The City will recapture its proportionate share of appreciation, which will be used to promote home ownership opportunities. The City’s proportionate share will be equal to the percentage by which the initial sale price to the targeted household was less than the fair market value of the dwelling unit at the time of initial or most recent sale. c. Affordable units may not be rented unless a hardship waiver is granted by the Director. 30 Attachment 3: Title 17 Proposed Ordinance Amendments in Tracked Changes Table (For Reference Purposes Only) 3 1.5(b) Chapter 17.29 DEMOLITION AND, RELOCATION, AND LOSS OF DWELLING UNITS § 17.29.010 Applicability.

No structure in the City may be demolished, removed, or relocated, except as authorized under the provisions of this chapter and no dwelling units may be lost except in compliance with Section 17.29.030.

B. Exemptions. The following structures are exempt from the provisions of this chapter, except for subsection 17.29.030(B):

1. Any building, structure, object, or site that is less than 50 years old that is not:
a. Located within the Coastal Zone or within the Old Town Heritage Overlay District; or
b. A historic resource; or
c. Identified as a historical resource under the California Environmental Quality Act (CEQA).

2. Any building structure, object, or site that is 50 years or more in age that is not a historic resource

3. Notwithstanding anything to the contrary, if a building, structure, or object is determined by the City’s Building Official to be unsafe, presents a public hazard, is not securable, or is in imminent danger of collapse so as to endanger persons or property, it must be demolished. The Building Official’s determination in this matter will be governed by applicable law.
§ 17.29.020 Permit Requirements.

Demolition or relocation of structures, including historic resources, subject to this chapter must obtain the following permit types:

1. Exception. Demolition or relocation of any historic resource requires the approval of a Major Conditional Use Permit.

B. Inland Area. All buildings, structures or objects proposed for demolition or relocation that are located on property within the Inland Area of the City are subject to the following:

31 Attachment 3: Title 17 Proposed Ordinance Amendments in Tracked Changes Table (For Reference Purposes Only) 4 1. Zoning Clearance. Any demolition of a structure that is 50 years or more in age and is neither a historic resource nor within a buffer of any other protected resource (e.g., ESHA, cultural, oak tree CRZ, etc.) and structures less than 50 years in the Old Town Heritage Overlay District.

2. Land Use Permit. Any demolition of a structure that is 50 years or more in age and is not a historic resource but is within the buffer area of a protected resource.

3. Discretionary Action. A discretionary action is required under the following circumstances:
a. Any demolition associated with a permit application that involves other development that requires discretionary review and approval. The demolition must be concurrently processed as part of the overall project. b. Historic Resources. Demolition or relocation of any historic resource requires the approval of a Major Conditional Use Permit. § 17.29.030 Loss of Dwelling Units.

A. Demolition of Multi-Unit Dwellings. In addition to the requirements of subsection B below, the City will not allow the demolition of any multiple unit dwelling structures unless the project will create at least as many residential dwellings as will be demolished, or the building or structure is exempt from this requirement pursuant to Section 17.29.010, Applicability.

B. New Development Under State Law.

1. Any development on a site that currently has residential uses, or within the past five years has had residential uses that have been vacated or demolished, that are or were subject to affordability restrictions as detailed in Government Code Section 65583.2(g)(3), shall replace of all those units affordable to the same or lower income level in accordance with Government Code Section 65583.2(g)(3).

2. In accordance with Government Code Section 66300(d), no housing development project, as defined by Government Code Section 65589.5(h)(2), that will require the demolition or other loss of legally established residential dwelling units shall be approved unless the project will create at least as many residential dwellings as will be demolished or otherwise lost and no housing development project that will require the demolition of occupied or vacant protected units, as that term is defined in Government Code Section 66300(d)(2)(F)(vi), shall be approved unless all the requirements of Government Code Section 66300(d)(2) are met. When this subsection applies, all applicable requirements of Government Code Section 66300(d) must be met.
32 Attachment 3: Title 17 Proposed Ordinance Amendments in Tracked Changes Table (For Reference Purposes Only) 5 C. Timing of Replacement. The City shall not issue a certificate of occupancy for any other Building Permits for the project until all certificates of occupancy have been issued for the replacement unit(s).
§ 17.29.0340 Relocation of Structures.

Structures may be relocated within the City if the following requirements are met:

B. Prior to relocating oversized structures using the public roadway, the approval of a City Encroachment Permit or a Single Trip Transportation Permit is also required by the Public Works Department.
33 Attachment 3: Title 17 Proposed Ordinance Amendments in Tracked Changes Table (For Reference Purposes Only) 6 1.5(b) Chapter 17.45
(previously
Section

17.29.030)
Replacement of Losts of Dwelling Units

17.45.010A. Demolition Loss of Multi-Unit Dwellings. In addition to the requirements of subsSection 17.45.020B below, the City will not allow the demolition or other loss of any conforming multiple unit dwelling unitstructures unless associated with athe project that will create at least as many residential dwellings as will be demolished or lost, or the building or structure is exempt from this requirement pursuant to Section 17.29.010, Applicability.

17.45.020B. New Development Under State Law.

A1. Any development on a site that currently has residential uses, or within the past five years has had residential uses that have been vacated or demolished, that are or were subject to affordability restrictions as detailed in Government Code Section 65583.2(g)(3), shall replace of all those units affordable to the same or lower income level in accordance with Government Code Section 65583.2(g)(3).

B2. In accordance with Government Code Section 66300.6(a)(d), no housing development project, as defined by Government Code Section 65905.5(b)(3)65589.5(h)(2), that will require the demolition or other loss of a legally established residential dwelling units shall be approved unless the project will create at least as many residential dwellings as will be demolished or otherwise lost. and C. In accordance with Government Code Section 66300.6(b), no housing development project that will require the demolition of occupied or vacant protected units, as that term is defined in Government Code Section 66300.5(h)66300(d)(2)(F)(vi) or that is located on a site where protected units were demolished in the previous five years, shall be approved unless all the requirements of Government Code Section 66300.6(b)(d)(2) are met. When this subsection applies, all applicable requirements of Government Code Section 66300.6(b)(d) must be met.

17.45.030C. Timing of Replacement. The City shall not issue a certificate of occupancy for any other Building Permits for the project until all certificates of occupancy have been issued for the replacement unit(s).
34 Attachment 3: Title 17 Proposed Ordinance Amendments in Tracked Changes Table (For Reference Purposes Only) 7 2.1(j) 17.30.010 The purpose of this chapter is to establish standards for development that could impact Environmentally Sensitive Habitat Areas (ESHA) that are identified and mapped within the General Plan or meet the criteria for ESHA designation as specified in the General Plan and to describe the permit requirements and the review process for such proposed development. More specifically, this chapter is intended to:…

2.1(j) 17.30.200 Changes to Mapped ESHA
If a project includes a change to the extent of mapped ESHA, as represented on Figure 4-1 of the City’s General Plan Conservation Element, the Planning Commission shall be the Review Authority for the project and make, in addition to any other findings required for the project, the following finding at a public hearing:

A. Based on substantial evidence, including a site-specific Biological Study prepared consistent with subsection 17.30.030(B) and peer reviewed by a City-retained biologist, the physical extent of the ESHA applicable to the project is accurately reflected in a manner that refines the locations of ESHA shown in Figure 4-1 of the City’s General Plan Conservation Element.

2.3(d) Table

17.38.040(A)
Studio: 12 spaces per unit.

One-Bedroom Units: 1.52 spaces per unit.

2.1(j) 17.44.010(B)(4) Residential projects that consist of 100 percent affordable housing units for extremely low-, very low-, low-, and moderate-income households, except for any unit(s) dedicated to on- site management.

2.1(j) 17.52.050(B)(1)(c) A general description of the proposed project, requested permit action, and any requested modifications, and when applicable, any change to the extent of mapped ESHA, as represented on Figure 4-1 of the City’s General Plan Conservation Element, proposed for the project pursuant to Section 17.30.200;

2.1(k) 17.58.080(A) The development, except as it relates to the minimum allowed dwelling unit density for the site, will be compatible with the neighborhood, and its size, bulk and scale will be appropriate to the site and the neighborhood.

2.1(k) 17.58.080(C) The development, except as it relates to the minimum allowed dwelling unit density for the site, demonstrates a harmonious relationship with existing adjoining development, avoiding both excessive variety as well as monotonous repetition, but allowing similarity of style, if warranted.
35 Attachment 3: Title 17 Proposed Ordinance Amendments in Tracked Changes Table (For Reference Purposes Only) 8 2.1(j) 17.59.020(A)(7) Mixed-Use Development that includes no more than 5,000 square feet of non-residential square footage and no more than 4 dwelling units.

2.1(k) 17.59.030(B) The site for the project is adequate in size, shape, location, and physical characteristics to accommodate the density and intensity, except as it relates to the minimum allowed dwelling unit density for the site, of development proposed.

36 ATTACHMENT 4

Notice of Exemption
37 NOTICE OF EXEMPTION (NOE)
1 To: Office of Land Use and Climate Innovation From: City of Goleta Via https://ceqanet.opr.ca.gov/ 130 Cremona Drive, Suite B 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: General Plan and Title 17 (Zoning) Amendments to Implement Housing Element 2023-2031 Programs (Case Nos. 21-0002-GPA and 24-0003-ORD) Project Applicant: City of Goleta
Project Location (Address and APN): Citywide
Description of Nature, Purpose and Beneficiaries of Project:

The proposed amendments to the Conservation Element of the General Plan / Coastal Land Use Plan and Title 17 (Zoning) of the Goleta Municipal Code, implement the Housing Element 2023 - 2031. The topics for these amendments include: Conversion of Conforming Residential Units, Mixed-Use Open Space Standards, Streamli ning Affordable Housing Projects, Streamlining Small Mixed -Use Projects, Environmentally Sensitive Habitat Area (ESHA) Map Change Procedures, Revised Findings, Studio and 1 -Bedroom Unit Parking Standards, and Density Bonus Regulations.

Name of Public Agency Approving the Project: City of Goleta Name of Person or Agency Carrying Out the Project: City of Goleta 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: Public Resources Code, §21083.3; CEQA Guidelines, §15183)  Other: CEQA Guidelines, §15060(c)(3); §15378(a); §15378(b)(5); §15061(b)(3) Reason(s) why the project is exempt:

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 amendments above related t o Housing Element 2023 -2031 implementation. The resolution to adopt the Addendum satisfied the City Council’s obligations under the California Environmental Quality Act (CEQA) (California Publi c Resources Code Sections 21000 et seq.) with respect to adopting the amended Housing Element 2023-2031 and amending the General Plan /Coastal Land Use Plan and Title 17 of the Goleta Municipal Code , as detailed in the Housing Element 2023 -2031, and none of the 38 NOTICE OF EXEMPTION (NOE)

2 conditions in Public Resources Code Section 21166 or State CEQA Guidelines (Title 14, Chapter 3 of the California Code of Regulations) S ection 15162 apply. Thus, no further environmental review is required for the amendments to implement the Housing E lement 2023 -2031, as adoption of those amendments falls within the scope of the adopted Addendum and previously certified EIR.

Additionally, the amendments are not subject to CEQA pursuant to Section 15060(c)(3) of the CEQA Guidelines 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 amendments 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.

Finally, pursuant to Public Resources Code Section 21083.3 an d CEQA Guidelines Section 15183, projects that are consistent with the development density of existing zoning, community plan, or General Plan policies for which an EIR was certified shall be e xempt from additional CEQA analysis, except as may be necessary to determine whether there are project -specific significant effects that are peculiar to the project or site that would otherwise require additional CEQA review. There is no new substantial information indicating that the impacts of adopting the amendments will be more severe than described in the General Plan EIR and there are no cumulative or off -site impacts from the proposed amendments that were not addressed in the General Plan EIR.

City of Goleta Contact Person:

Peter Imhof Director, Planning & Environmental Review Date

39 ATTACHMENT 5

Staff Presentation
40 Housing Element
Implementation –
General Plan and Title 17
Amendments
Presentation By:

Anne Wells
Andy Newkirk
November 19, 2024
41 Public Hearing Agenda
•Suggested Format:
•Staff Presentation
•Council Questions
•Public Comment
•Council Deliberation
•Action on Recommendations
November 19, 2024 - City Council 2
42 Background
•Amended Housing Element 2023-2031 adopted on December
5, 2023
•Certified by HCD on February 5, 2024
•Programs include General Plan and Title 17 amendments by end of 2024
•Planning Commission Recommendation – 10/14
November 19, 2024 - City Council 3
43 HE 2.1(g) – Mixed-Use Open Space
Standards
•Current:
•Proposed:

November 19, 2024 - City Council 4
> 40% Residential
Common: 100 square feet
Restricted: 200 square feet (ground
floor) or 60 square feet (upper floor)
> 40% Residential 160 square feet (common and/or
restricted)
44 HE 2.1(j) Streamlining 100% Affordable
Housing Projects
•100% Moderate and Lower Income Projects
•Current: Development Plan if 5+ Units
•Proposed: Ministerial Processing with Objective Design Standar
ds
November 19, 2024 - City Council 5
45 HE 2.1(j) – ESHA Map Change Procedures
(includes GPA)
•CE 1.5 and Title 17
•ESHA boundary change not a GPA for a project
•Planning Commission (or City Council) authority
•City to update ESHA map every 5 years
•Public hearing with specific noticing
•Specific finding
November 19, 2024 - City Council 6
46 HE 2.3(d) – Parking Standards
•Previous (pre-Title
17):
•Current:
•Proposed:

November 19, 2024 - City Council 7
Studio and 1-BR 1 space per unit
Studio and 1-BR 2 spaces per
unit (1 covered)
Studio 1 space per unit
(covered)
1-BR 1.5 spaces per
unit (1 covered)
47 HE 2.3(d) – Parking Standards
November 19, 2024 - City Council 8
Units Approved Existing
Title 17
Proposed Title
17 1-BR x 11 11 22 17
Guest 0 4 4
Total 11 26 21
•340 Mathilda Dr.
•140 Nectarine Ave. Units Approved Existing
Title 17
Proposed Title
17 1-BR x 4 4 8 6
2-BR x 2 2 4 4
Guest 0 2 2
Total 6 14 12
48 Other Amendments
•Conversion of Housing Units
•Expansion of protection – HE 1.5(b)
•Small Mixed-Use Projects
•Land Use Permit – HE 2.1(j)
•Revised Findings
•Allow for minimum density – HE 2.1(k)
•Density Bonus Projects
•Ensure period of affordability – HE 2.4(a)
November 19, 2024 - City Council 9
49 California Environmental Quality Act
(CEQA)
Adoption of the amendments are exempt:
•Housing Element 2023-2031 Addendum
•Not a project, no possibility for causing a significant effect on the environment, impacts already analyzed in General Plan EIR
November 19, 2024 - City Council 10
50 Staff Recommendation
November 19, 2024 - City Council 11
A. Adopt Resolution No. 24-__, entitled “A Resolution of the City Council of the City of Goleta, California, Amending Conservation Element Subpolicy CE 1.5 of the General Plan / Coastal Land Use Plan to Implement Housing Element 2023-2031 Subprogram HE 2.1(j) (Case No. 21-0002-GPA).”
B. Introduce and conduct first reading (by title only) and waive further reading of Ordinance No. 24-__, entitled “An Ordinance of the City Council of the City of Goleta, California, Adopting Various Amendments to Title 17 (Zoning) of the Goleta Municipal Code to Implement the Housing Element 2023-2031 and Finding the Amendments to be Exempt from the California Environmental Quality Act (Case No. 24-0003-ORD)” 51 Hearing Steps
•Council Questions
•Public Comment
•Council Deliberation
•Action on Recommendations
November 19, 2024 - City Council 12
52

Goleta City CouncilNovember 19, 2024

Goleta City Council
November 19, 2024