City Council
REGULAR MEETING
Tuesday, October 11, 2022, 6:00 PM
Andrew P. Fox City Council Chambers
Public advisory: Face masks are recommended.
You may view the City Council meeting broadcast live on TV (Frontier Channel 3, Spectrum Channel 10), and YouTube (CTO Meetings).
If you would like to submit a written comment, please complete the online Comment Form. Please see Public Input section below for more information.
The Brown Act prohibits a person from having to register to attend a City Council meeting. The Zoom app requires registration if you would like to attend via video/teleconference. If you do not wish to register to attend the City Council meeting via Zoom, City Council chambers is open and accessible to the public.
If you would like to speak on an agenda item REMOTELY (NOT in person), please complete the online Speaker Form. Please see Public Input section below for more information.
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in the City Council meeting, please contact the City Clerk Department (805) 4492151 within 48 hours of the meeting.
Bob Engler , Mayor
Ed Jones , Mayor Pro Tem
Claudia Billde la Peña , Councilmember
Al Adam, Councilmember
Kevin McNamee, Councilmember
Executive Team
Andrew P. Powers, City Manager Tracy M. Noonan, City Attorney Ingrid Hardy, Assistant City Manager Gary Rogers, Deputy City Manager Kelvin Parker, Community Development Director Jaime Boscarino, Finance Dir./City Treasurer Cynthia M. Rodriguez, City Clerk Clifford G. Finley, Public Works Director Jonathan Serret, Cultural Affairs Director Tim Giles, Human Resources Director Jennifer Patterson, Library Services Director Alexandra South, Strategic Communications/Public Affairs Dir.
Jim Friedl, General Manager, CRPD Jeremy Paris, Police Chief Jeff Shea, Fire Chief
MISSION STATEMENT:
Extraordinary Service to the Citizens We Serve is Our Purpose The following is provided to assist with public participation:
AGENDA AVAILABILITY: The City Council Agenda is posted at the entry to the Civic Arts Plaza/City Hall, 2100 E. Thousand Oaks Boulevard, Thousand Oaks [main posting location pursuant to the Brown Act, G.C. 54954.2(a)]. Agenda packet and “Live and Archived” meetings and minutes are available on the City’s website at www.toaks.org. Televised City Council Meetings are rebroadcast Thursday and Sunday (following meeting) at 10:00 a.m. and 6:00 p.m. on TV (Frontier Channel 3, Spectrum Channel 10).
PUBLIC INPUT: To provide your comments to the City Councilmembers please submit comments via the online Comment Form. Written comment cards will also be available for submission at the meeting. If you would like to speak REMOTELY (NOT in person) on an agenda item during the meeting, please complete the online Speaker Form (you will be asked to provide an email address and telephone number). If you would like to speak IN PERSON, speaker cards will be available at the meeting and MUST be submitted in person. Doors open at 5:30 p.m. All Ventura County Health requirements will be followed, which may include limited capacity, social distancing, and wearing face masks. Persons addressing the City Council are requested to state their name and community of residence for the record. If you need further assistance, please email the City Clerk Department at [email protected] or call (805) 4492151. Please be advised that communications directed to the City Council are public records and are subject to disclosure pursuant to the California Public Records Act and Brown Act unless exempt from disclosure under the applicable law.
Communications will NOT be edited for redactions and will be printed/posted as submitted.
SPANISH INTERPRETATION: If you need interpretation of your communications to the City Council from Spanish into English, please contact the City Clerk Department at (805) 4492151 or by email at [email protected] . Notification of at least 48 hours will usually enable the City to make arrangements.
INTERPRETACIÓN AL ESPAÑOL : Si necesita una interpretación del español al inglés para sus comunicaciones al Consejo de la Ciudad, comuníquese con el Departmento del Secretario Municipal al (805) 4492151 o por correo electrónico a [email protected] . Por favor, avísenos con al menos 48 horas de anticipación para que la ciudad pueda hacer los arreglos necesarios.
CONSENT CALENDAR: Matters listed on Consent Calendar that do not require significant reporting and/or discussion for decision or considered to be routine, will be approved by one motion as recommended.
There will be no separate discussion unless Councilmember or staff member requests separate discussion prior to approval.
SUPPLEMENTAL INFORMATION: Any agenda related information received and distributed to the City Council after the Agenda Packet is produced is included in Supplemental Packets. Supplemental Packets are produced as needed, typically a minimum of two—one available on the Thursday preceding the City Council meeting and the second on Tuesday at the meeting. Both the Thursday and Tuesday Supplemental Packets are available for public review on the City’s website.
JUDICIAL REVIEW: Any legal action by an applicant seeking to obtain a judicial review of the City Council’s decision on a Hearing or issue listed on this Agenda may be subject to the 90day filing period, of and governed by, Code of Civil Procedure Section 1094.6. Also refer to TOMC Section 14.05.
1. CALL TO ORDER:
2. PLEDGE OF ALLEGIANCE:
3. ROLL CALL:
4. REQUESTS FOR CONTINUANCE OF ANY PUBLIC HEARING OR AGENDA ITEM:
5. SPECIAL PRESENTATIONS AND ANNOUNCEMENTS:
A. Environmental Prosecutor of the Year – Karen Wold
6. PUBLIC COMMENTS: To be heard before 6:45 p.m. If additional speakers for public comments remain at 6:45 p.m., remainder of speakers may be called at the end of the meeting. (Resolution Nos. 2011066/067)
7. CONSENT CALENDAR:
A. General, Utilities, Golf Course, and Theatres Demands RECOMMENDATION:
Ratify September 28, 2022, and October 5, 2022; approve October 12, 2022, and October 19, 2022, subject to review and ratification
B. Minutes of City Council meeting of September 27, 2022 RECOMMENDATION:
Approve
C. Hill Canyon Treatment Plant Security Upgrades (CI 5567) RECOMMENDATION:
1. Approve project design plans, specifications, and working details for security upgrades at Hill Canyon Treatment Plant (HCTP) (CI 5567).
2. Award construction contract to Climatec, LLC (Climatec), of Anaheim, CA, in the amount of $992,549, plus a construction contingency of $150,000 for security upgrades at HCTP (CI 5567).
3. Approve budget appropriation in the amount of $605,359 from A/C #6240000 3419900 (Wastewater Capital Fund, Net Position) to A/C #62482506828200 (CI 5567, Building Improvements) and authorize expenditure in the amount of $1,142,549 for construction costs.
4. Delegate authority to the City Engineer to approve changes in the design, plans, specifications and working details of the project on work directives and change orders up to the project contingency amount.
D. Fire Alarm System Upgrade at Various CityOwned Buildings (CI 5574, CI 5483, CI 5582, CI 5584)
RECOMMENDATION:
1. Approve selection of Kidde/KiddeFenwal products, distributed by Carrier, as fire alarm system manufacturer.
2. Authorize staff to solicit bids for the Fire Alarm System Upgrade at Various City Owned Buildings, projects (CI 5574, CI 5483, CI 5582, CI 5584).
E. Hill Canyon Treatment Plant Digester Backup Boiler Replacement (CI 5615) RECOMMENDATION:
1. Approve Professional Services Agreement with AEPC Group, LLC (Santa Clarita, CA) in an amount nottoexceed $83,460 for preparation of a condition assessment, as well as plans and specifications related to the Hill Canyon Treatment Plant Digester Backup Boiler Replacement Project (CI 5615), plus extra services of $8,350 with a term ending June 30, 2023.
2. Authorize expenditure in the amount of $91,810 ($83,460 agreement, plus extra services of $8,350) from A/C #62482506828300 (Hill Canyon Treatment Plant Digester Backup Boiler Replacement, CI 5615).
8. PUBLIC HEARINGS:
A. Municipal Code Amendment Implementing Senate Bill No. 9 (MCA 202270465) ORDINANCE AMENDING THE THOUSAND OAKS MUNICIPAL CODE BY ADDING ARTICLE 37 TO TITLE 9, CHAPTER 4; MODIFYING SECTIONS 94.202 AND 9
4.2202; AND ADDING SECTION 93.305 TO TITLE 9, CHAPTER 3, ARTICLE 3 TO UPDATE THE CITY’S ZONING REGULATIONS TO IMPLEMENT 2021 SENATE BILL NO. 9 (SB9), INCLUDING THE ADDITION OF A MINISTERIAL PROCESS FOR THE APPROVAL OF URBAN LOT SPLITS AND TWOUNIT HOUSING
DEVELOPMENTS (MCA202270465)
1ST READING
RECOMMENDATION:
1. Find that Municipal Code Amendment implementing Senate Bill No. 9 (SB 9) is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to California Government Code Sections 65852.21(j) and 66411.7(n).
2. Read ordinance in title only, further reading be waived, and if no objection introduce ordinance to adopt amendments to Thousand Oaks Municipal Code Title 9, Chapters 3 and 4, including the addition of a ministerial process for the approval of urban lot splits and twounit housing developments, as required by 2021 Senate Bill No. 9.
B. Revised Water Conservation Ordinance and Contract Term Extension for Related Services
ORDINANCE REPEALING IN ITS ENTIRETY CHAPTER 2, ARTICLE 11 OF TITLE 10 AND ADDING CHAPTER 2, ARTICLE 11 OF TITLE 10 ADOPTING REGULATIONS FOR WATER CONSERVATION
1ST READING
RECOMMENDATION:
1. Read ordinance in title only, further reading be waived, and, if no objection, introduce ordinance repealing in its entirety Chapter 2, Article 11 to Title 10 of the Thousand Oaks Municipal Code and adding a new Chapter 2, Article 11 to Title 10 of the Thousand Oaks Municipal Code adopting regulations for Water Conservation.
2. Approve First Amendment to Patrol Services Agreement No. 130512022 with Cobalt Security Services, Inc. (Thousand Oaks, CA), for additional patrol services in the amount of $75,000 for a revised nottoexceed amount of $125,000, and extend the term of the agreement to June 30, 2023.
3. Approve budget appropriation and authorize expenditure in the amount of $115,000 as follows: $75,000 from A/C #61100003419900 (Water Fund, Net Position) to A/C #61180256825699 (Contracted Services) for water waste patrol service for FY 202223 and $40,000 from A/C #61100003419900 (Water Fund, Net Position) to A/C #61180256811210 (Salaries) for temporary support staff.
9. STUDY SESSIONS: None
10. DEPARTMENT REPORTS: None
11. COMMITTEE/COMISSION/BOARD REPORTS: None
12. CITY COUNCIL AS SUCCESSOR AGENCY TO THOUSAND OAKS REDEVELOPMENT AGENCY REPORTS: None
13. COUNCIL ISSUES/RECOMMENDATIONS: None
14. CITY MANAGER:
A. Announcements and upcoming issues
15. CLOSED SESSION:
A. CONFERENCE WITH LEGAL COUNSEL – Existing Litigation: Scott Murphy vs. City of Thousand Oaks ; Case No.: 56201900523746CUPOVTA; Pursuant to Government Code Section 54956.9(a).
16. PUBLIC NOTICES: None
17. ADJOURNMENT: Adjourn in memory of Catherine Hazeltine, retired City employee, to Regular Meeting October 25, 2022.
Agenda Post Date/Time: Oct 06, 2022, 5:00P.M.
CCD:61040\h:\common\agenda\2022\101122.docx
City Council
REGULAR MEETING
Tuesday, October 11, 2022, 6:00 PM
Andrew P. Fox City Council Chambers
Public advisory: Face masks are recommended.
You may view the City Council meeting broadcast live on TV (Frontier Channel 3, Spectrum Channel 10), and YouTube (CTO Meetings).
If you would like to submit a written comment, please complete the online Comment Form. Please see Public Input section below for more information.
The Brown Act prohibits a person from having to register to attend a City Council meeting. The Zoom app requires registration if you would like to attend via video/teleconference. If you do not wish to register to attend the City Council meeting via Zoom, City Council chambers is open and accessible to the public.
If you would like to speak on an agenda item REMOTELY (NOT in person), please complete the online Speaker Form. Please see Public Input section below for more information.
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in the City Council meeting, please contact the City Clerk Department (805) 4492151 within 48 hours of the meeting.
Bob Engler , Mayor
Ed Jones , Mayor Pro Tem
Claudia Billde la Peña , Councilmember
Al Adam, Councilmember
Kevin McNamee, Councilmember
Executive Team
Andrew P. Powers, City Manager Tracy M. Noonan, City Attorney Ingrid Hardy, Assistant City Manager Gary Rogers, Deputy City Manager Kelvin Parker, Community Development Director Jaime Boscarino, Finance Dir./City Treasurer Cynthia M. Rodriguez, City Clerk Clifford G. Finley, Public Works Director Jonathan Serret, Cultural Affairs Director Tim Giles, Human Resources Director Jennifer Patterson, Library Services Director Alexandra South, Strategic Communications/Public Affairs Dir.
Jim Friedl, General Manager, CRPD Jeremy Paris, Police Chief Jeff Shea, Fire Chief
MISSION STATEMENT:
Extraordinary Service to the Citizens We Serve is Our Purpose The following is provided to assist with public participation:
AGENDA AVAILABILITY: The City Council Agenda is posted at the entry to the Civic Arts Plaza/City Hall, 2100 E. Thousand Oaks Boulevard, Thousand Oaks [main posting location pursuant to the Brown Act, G.C. 54954.2(a)]. Agenda packet and “Live and Archived” meetings and minutes are available on the City’s website at www.toaks.org. Televised City Council Meetings are rebroadcast Thursday and Sunday (following meeting) at 10:00 a.m. and 6:00 p.m. on TV (Frontier Channel 3, Spectrum Channel 10).
PUBLIC INPUT: To provide your comments to the City Councilmembers please submit comments via the online Comment Form. Written comment cards will also be available for submission at the meeting. If you would like to speak REMOTELY (NOT in person) on an agenda item during the meeting, please complete the online Speaker Form (you will be asked to provide an email address and telephone number). If you would like to speak IN PERSON, speaker cards will be available at the meeting and MUST be submitted in person. Doors open at 5:30 p.m. All Ventura County Health requirements will be followed, which may include limited capacity, social distancing, and wearing face masks. Persons addressing the City Council are requested to state their name and community of residence for the record. If you need further assistance, please email the City Clerk Department at [email protected] or call (805) 4492151. Please be advised that communications directed to the City Council are public records and are subject to disclosure pursuant to the California Public Records Act and Brown Act unless exempt from disclosure under the applicable law.
Communications will NOT be edited for redactions and will be printed/posted as submitted.
SPANISH INTERPRETATION: If you need interpretation of your communications to the City Council from Spanish into English, please contact the City Clerk Department at (805) 4492151 or by email at [email protected] . Notification of at least 48 hours will usually enable the City to make arrangements.
INTERPRETACIÓN AL ESPAÑOL : Si necesita una interpretación del español al inglés para sus comunicaciones al Consejo de la Ciudad, comuníquese con el Departmento del Secretario Municipal al (805) 4492151 o por correo electrónico a [email protected] . Por favor, avísenos con al menos 48 horas de anticipación para que la ciudad pueda hacer los arreglos necesarios.
CONSENT CALENDAR: Matters listed on Consent Calendar that do not require significant reporting and/or discussion for decision or considered to be routine, will be approved by one motion as recommended.
There will be no separate discussion unless Councilmember or staff member requests separate discussion prior to approval.
SUPPLEMENTAL INFORMATION: Any agenda related information received and distributed to the City Council after the Agenda Packet is produced is included in Supplemental Packets. Supplemental Packets are produced as needed, typically a minimum of two—one available on the Thursday preceding the City Council meeting and the second on Tuesday at the meeting. Both the Thursday and Tuesday Supplemental Packets are available for public review on the City’s website.
JUDICIAL REVIEW: Any legal action by an applicant seeking to obtain a judicial review of the City Council’s decision on a Hearing or issue listed on this Agenda may be subject to the 90day filing period, of and governed by, Code of Civil Procedure Section 1094.6. Also refer to TOMC Section 14.05.
1. CALL TO ORDER:
2. PLEDGE OF ALLEGIANCE:
3. ROLL CALL:
4. REQUESTS FOR CONTINUANCE OF ANY PUBLIC HEARING OR AGENDA ITEM:
5. SPECIAL PRESENTATIONS AND ANNOUNCEMENTS:
A. Environmental Prosecutor of the Year – Karen Wold
6. PUBLIC COMMENTS: To be heard before 6:45 p.m. If additional speakers for public comments remain at 6:45 p.m., remainder of speakers may be called at the end of the meeting. (Resolution Nos. 2011066/067)
7. CONSENT CALENDAR:
A. General, Utilities, Golf Course, and Theatres Demands RECOMMENDATION:
Ratify September 28, 2022, and October 5, 2022; approve October 12, 2022, and October 19, 2022, subject to review and ratification
B. Minutes of City Council meeting of September 27, 2022 RECOMMENDATION:
Approve
C. Hill Canyon Treatment Plant Security Upgrades (CI 5567) RECOMMENDATION:
1. Approve project design plans, specifications, and working details for security upgrades at Hill Canyon Treatment Plant (HCTP) (CI 5567).
2. Award construction contract to Climatec, LLC (Climatec), of Anaheim, CA, in the amount of $992,549, plus a construction contingency of $150,000 for security upgrades at HCTP (CI 5567).
3. Approve budget appropriation in the amount of $605,359 from A/C #6240000 3419900 (Wastewater Capital Fund, Net Position) to A/C #62482506828200 (CI 5567, Building Improvements) and authorize expenditure in the amount of $1,142,549 for construction costs.
4. Delegate authority to the City Engineer to approve changes in the design, plans, specifications and working details of the project on work directives and change orders up to the project contingency amount.
D. Fire Alarm System Upgrade at Various CityOwned Buildings (CI 5574, CI 5483, CI 5582, CI 5584)
RECOMMENDATION:
1. Approve selection of Kidde/KiddeFenwal products, distributed by Carrier, as fire alarm system manufacturer.
2. Authorize staff to solicit bids for the Fire Alarm System Upgrade at Various City Owned Buildings, projects (CI 5574, CI 5483, CI 5582, CI 5584).
E. Hill Canyon Treatment Plant Digester Backup Boiler Replacement (CI 5615) RECOMMENDATION:
1. Approve Professional Services Agreement with AEPC Group, LLC (Santa Clarita, CA) in an amount nottoexceed $83,460 for preparation of a condition assessment, as well as plans and specifications related to the Hill Canyon Treatment Plant Digester Backup Boiler Replacement Project (CI 5615), plus extra services of $8,350 with a term ending June 30, 2023.
2. Authorize expenditure in the amount of $91,810 ($83,460 agreement, plus extra services of $8,350) from A/C #62482506828300 (Hill Canyon Treatment Plant Digester Backup Boiler Replacement, CI 5615).
8. PUBLIC HEARINGS:
A. Municipal Code Amendment Implementing Senate Bill No. 9 (MCA 202270465) ORDINANCE AMENDING THE THOUSAND OAKS MUNICIPAL CODE BY ADDING ARTICLE 37 TO TITLE 9, CHAPTER 4; MODIFYING SECTIONS 94.202 AND 9
4.2202; AND ADDING SECTION 93.305 TO TITLE 9, CHAPTER 3, ARTICLE 3 TO UPDATE THE CITY’S ZONING REGULATIONS TO IMPLEMENT 2021 SENATE BILL NO. 9 (SB9), INCLUDING THE ADDITION OF A MINISTERIAL PROCESS FOR THE APPROVAL OF URBAN LOT SPLITS AND TWOUNIT HOUSING
DEVELOPMENTS (MCA202270465)
1ST READING
RECOMMENDATION:
1. Find that Municipal Code Amendment implementing Senate Bill No. 9 (SB 9) is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to California Government Code Sections 65852.21(j) and 66411.7(n).
2. Read ordinance in title only, further reading be waived, and if no objection introduce ordinance to adopt amendments to Thousand Oaks Municipal Code Title 9, Chapters 3 and 4, including the addition of a ministerial process for the approval of urban lot splits and twounit housing developments, as required by 2021 Senate Bill No. 9.
B. Revised Water Conservation Ordinance and Contract Term Extension for Related Services
ORDINANCE REPEALING IN ITS ENTIRETY CHAPTER 2, ARTICLE 11 OF TITLE 10 AND ADDING CHAPTER 2, ARTICLE 11 OF TITLE 10 ADOPTING REGULATIONS FOR WATER CONSERVATION
1ST READING
RECOMMENDATION:
1. Read ordinance in title only, further reading be waived, and, if no objection, introduce ordinance repealing in its entirety Chapter 2, Article 11 to Title 10 of the Thousand Oaks Municipal Code and adding a new Chapter 2, Article 11 to Title 10 of the Thousand Oaks Municipal Code adopting regulations for Water Conservation.
2. Approve First Amendment to Patrol Services Agreement No. 130512022 with Cobalt Security Services, Inc. (Thousand Oaks, CA), for additional patrol services in the amount of $75,000 for a revised nottoexceed amount of $125,000, and extend the term of the agreement to June 30, 2023.
3. Approve budget appropriation and authorize expenditure in the amount of $115,000 as follows: $75,000 from A/C #61100003419900 (Water Fund, Net Position) to A/C #61180256825699 (Contracted Services) for water waste patrol service for FY 202223 and $40,000 from A/C #61100003419900 (Water Fund, Net Position) to A/C #61180256811210 (Salaries) for temporary support staff.
9. STUDY SESSIONS: None
10. DEPARTMENT REPORTS: None
11. COMMITTEE/COMISSION/BOARD REPORTS: None
12. CITY COUNCIL AS SUCCESSOR AGENCY TO THOUSAND OAKS REDEVELOPMENT AGENCY REPORTS: None
13. COUNCIL ISSUES/RECOMMENDATIONS: None
14. CITY MANAGER:
A. Announcements and upcoming issues
15. CLOSED SESSION:
A. CONFERENCE WITH LEGAL COUNSEL – Existing Litigation: Scott Murphy vs. City of Thousand Oaks ; Case No.: 56201900523746CUPOVTA; Pursuant to Government Code Section 54956.9(a).
16. PUBLIC NOTICES: None
17. ADJOURNMENT: Adjourn in memory of Catherine Hazeltine, retired City employee, to Regular Meeting October 25, 2022.
Agenda Post Date/Time: Oct 06, 2022, 5:00P.M.
CCD:61040\h:\common\agenda\2022\101122.docx
City Council
REGULAR MEETING
Tuesday, October 11, 2022, 6:00 PM
Andrew P. Fox City Council Chambers
Public advisory: Face masks are recommended.
You may view the City Council meeting broadcast live on TV (Frontier Channel 3, Spectrum Channel 10), and YouTube (CTO Meetings).
If you would like to submit a written comment, please complete the online Comment Form. Please see Public Input section below for more information.
The Brown Act prohibits a person from having to register to attend a City Council meeting. The Zoom app requires registration if you would like to attend via video/teleconference. If you do not wish to register to attend the City Council meeting via Zoom, City Council chambers is open and accessible to the public.
If you would like to speak on an agenda item REMOTELY (NOT in person), please complete the online Speaker Form. Please see Public Input section below for more information.
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in the City Council meeting, please contact the City Clerk Department (805) 4492151 within 48 hours of the meeting.
Bob Engler , Mayor
Ed Jones , Mayor Pro Tem
Claudia Billde la Peña , Councilmember
Al Adam, Councilmember
Kevin McNamee, Councilmember
Executive Team
Andrew P. Powers, City Manager Tracy M. Noonan, City Attorney Ingrid Hardy, Assistant City Manager Gary Rogers, Deputy City Manager Kelvin Parker, Community Development Director Jaime Boscarino, Finance Dir./City Treasurer Cynthia M. Rodriguez, City Clerk Clifford G. Finley, Public Works Director Jonathan Serret, Cultural Affairs Director Tim Giles, Human Resources Director Jennifer Patterson, Library Services Director Alexandra South, Strategic Communications/Public Affairs Dir.
Jim Friedl, General Manager, CRPD Jeremy Paris, Police Chief Jeff Shea, Fire Chief
MISSION STATEMENT:
Extraordinary Service to the Citizens We Serve is Our Purpose The following is provided to assist with public participation:
AGENDA AVAILABILITY: The City Council Agenda is posted at the entry to the Civic Arts Plaza/City Hall, 2100 E. Thousand Oaks Boulevard, Thousand Oaks [main posting location pursuant to the Brown Act, G.C. 54954.2(a)]. Agenda packet and “Live and Archived” meetings and minutes are available on the City’s website at www.toaks.org. Televised City Council Meetings are rebroadcast Thursday and Sunday (following meeting) at 10:00 a.m. and 6:00 p.m. on TV (Frontier Channel 3, Spectrum Channel 10).
PUBLIC INPUT: To provide your comments to the City Councilmembers please submit comments via the online Comment Form. Written comment cards will also be available for submission at the meeting. If you would like to speak REMOTELY (NOT in person) on an agenda item during the meeting, please complete the online Speaker Form (you will be asked to provide an email address and telephone number). If you would like to speak IN PERSON, speaker cards will be available at the meeting and MUST be submitted in person. Doors open at 5:30 p.m. All Ventura County Health requirements will be followed, which may include limited capacity, social distancing, and wearing face masks. Persons addressing the City Council are requested to state their name and community of residence for the record. If you need further assistance, please email the City Clerk Department at [email protected] or call (805) 4492151. Please be advised that communications directed to the City Council are public records and are subject to disclosure pursuant to the California Public Records Act and Brown Act unless exempt from disclosure under the applicable law.
Communications will NOT be edited for redactions and will be printed/posted as submitted.
SPANISH INTERPRETATION: If you need interpretation of your communications to the City Council from Spanish into English, please contact the City Clerk Department at (805) 4492151 or by email at [email protected] . Notification of at least 48 hours will usually enable the City to make arrangements.
INTERPRETACIÓN AL ESPAÑOL : Si necesita una interpretación del español al inglés para sus comunicaciones al Consejo de la Ciudad, comuníquese con el Departmento del Secretario Municipal al (805) 4492151 o por correo electrónico a [email protected] . Por favor, avísenos con al menos 48 horas de anticipación para que la ciudad pueda hacer los arreglos necesarios.
CONSENT CALENDAR: Matters listed on Consent Calendar that do not require significant reporting and/or discussion for decision or considered to be routine, will be approved by one motion as recommended.
There will be no separate discussion unless Councilmember or staff member requests separate discussion prior to approval.
SUPPLEMENTAL INFORMATION: Any agenda related information received and distributed to the City Council after the Agenda Packet is produced is included in Supplemental Packets. Supplemental Packets are produced as needed, typically a minimum of two—one available on the Thursday preceding the City Council meeting and the second on Tuesday at the meeting. Both the Thursday and Tuesday Supplemental Packets are available for public review on the City’s website.
JUDICIAL REVIEW: Any legal action by an applicant seeking to obtain a judicial review of the City Council’s decision on a Hearing or issue listed on this Agenda may be subject to the 90day filing period, of and governed by, Code of Civil Procedure Section 1094.6. Also refer to TOMC Section 14.05.
1. CALL TO ORDER:
2. PLEDGE OF ALLEGIANCE:
3. ROLL CALL:
4. REQUESTS FOR CONTINUANCE OF ANY PUBLIC HEARING OR AGENDA ITEM:
5. SPECIAL PRESENTATIONS AND ANNOUNCEMENTS:
A. Environmental Prosecutor of the Year – Karen Wold
6. PUBLIC COMMENTS: To be heard before 6:45 p.m. If additional speakers for public comments remain at 6:45 p.m., remainder of speakers may be called at the end of the meeting. (Resolution Nos. 2011066/067)
7. CONSENT CALENDAR:
A. General, Utilities, Golf Course, and Theatres Demands RECOMMENDATION:
Ratify September 28, 2022, and October 5, 2022; approve October 12, 2022, and October 19, 2022, subject to review and ratification
B. Minutes of City Council meeting of September 27, 2022 RECOMMENDATION:
Approve
C. Hill Canyon Treatment Plant Security Upgrades (CI 5567) RECOMMENDATION:
1. Approve project design plans, specifications, and working details for security upgrades at Hill Canyon Treatment Plant (HCTP) (CI 5567).
2. Award construction contract to Climatec, LLC (Climatec), of Anaheim, CA, in the amount of $992,549, plus a construction contingency of $150,000 for security upgrades at HCTP (CI 5567).
3. Approve budget appropriation in the amount of $605,359 from A/C #6240000 3419900 (Wastewater Capital Fund, Net Position) to A/C #62482506828200 (CI 5567, Building Improvements) and authorize expenditure in the amount of $1,142,549 for construction costs.
4. Delegate authority to the City Engineer to approve changes in the design, plans, specifications and working details of the project on work directives and change orders up to the project contingency amount.
D. Fire Alarm System Upgrade at Various CityOwned Buildings (CI 5574, CI 5483, CI 5582, CI 5584)
RECOMMENDATION:
1. Approve selection of Kidde/KiddeFenwal products, distributed by Carrier, as fire alarm system manufacturer.
2. Authorize staff to solicit bids for the Fire Alarm System Upgrade at Various City Owned Buildings, projects (CI 5574, CI 5483, CI 5582, CI 5584).
E. Hill Canyon Treatment Plant Digester Backup Boiler Replacement (CI 5615) RECOMMENDATION:
1. Approve Professional Services Agreement with AEPC Group, LLC (Santa Clarita, CA) in an amount nottoexceed $83,460 for preparation of a condition assessment, as well as plans and specifications related to the Hill Canyon Treatment Plant Digester Backup Boiler Replacement Project (CI 5615), plus extra services of $8,350 with a term ending June 30, 2023.
2. Authorize expenditure in the amount of $91,810 ($83,460 agreement, plus extra services of $8,350) from A/C #62482506828300 (Hill Canyon Treatment Plant Digester Backup Boiler Replacement, CI 5615).
8. PUBLIC HEARINGS:
A. Municipal Code Amendment Implementing Senate Bill No. 9 (MCA 202270465) ORDINANCE AMENDING THE THOUSAND OAKS MUNICIPAL CODE BY ADDING ARTICLE 37 TO TITLE 9, CHAPTER 4; MODIFYING SECTIONS 94.202 AND 9
4.2202; AND ADDING SECTION 93.305 TO TITLE 9, CHAPTER 3, ARTICLE 3 TO UPDATE THE CITY’S ZONING REGULATIONS TO IMPLEMENT 2021 SENATE BILL NO. 9 (SB9), INCLUDING THE ADDITION OF A MINISTERIAL PROCESS FOR THE APPROVAL OF URBAN LOT SPLITS AND TWOUNIT HOUSING
DEVELOPMENTS (MCA202270465)
1ST READING
RECOMMENDATION:
1. Find that Municipal Code Amendment implementing Senate Bill No. 9 (SB 9) is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to California Government Code Sections 65852.21(j) and 66411.7(n).
2. Read ordinance in title only, further reading be waived, and if no objection introduce ordinance to adopt amendments to Thousand Oaks Municipal Code Title 9, Chapters 3 and 4, including the addition of a ministerial process for the approval of urban lot splits and twounit housing developments, as required by 2021 Senate Bill No. 9.
B. Revised Water Conservation Ordinance and Contract Term Extension for Related Services
ORDINANCE REPEALING IN ITS ENTIRETY CHAPTER 2, ARTICLE 11 OF TITLE 10 AND ADDING CHAPTER 2, ARTICLE 11 OF TITLE 10 ADOPTING REGULATIONS FOR WATER CONSERVATION
1ST READING
RECOMMENDATION:
1. Read ordinance in title only, further reading be waived, and, if no objection, introduce ordinance repealing in its entirety Chapter 2, Article 11 to Title 10 of the Thousand Oaks Municipal Code and adding a new Chapter 2, Article 11 to Title 10 of the Thousand Oaks Municipal Code adopting regulations for Water Conservation.
2. Approve First Amendment to Patrol Services Agreement No. 130512022 with Cobalt Security Services, Inc. (Thousand Oaks, CA), for additional patrol services in the amount of $75,000 for a revised nottoexceed amount of $125,000, and extend the term of the agreement to June 30, 2023.
3. Approve budget appropriation and authorize expenditure in the amount of $115,000 as follows: $75,000 from A/C #61100003419900 (Water Fund, Net Position) to A/C #61180256825699 (Contracted Services) for water waste patrol service for FY 202223 and $40,000 from A/C #61100003419900 (Water Fund, Net Position) to A/C #61180256811210 (Salaries) for temporary support staff.
9. STUDY SESSIONS: None
10. DEPARTMENT REPORTS: None
11. COMMITTEE/COMISSION/BOARD REPORTS: None
12. CITY COUNCIL AS SUCCESSOR AGENCY TO THOUSAND OAKS REDEVELOPMENT AGENCY REPORTS: None
13. COUNCIL ISSUES/RECOMMENDATIONS: None
14. CITY MANAGER:
A. Announcements and upcoming issues
15. CLOSED SESSION:
A. CONFERENCE WITH LEGAL COUNSEL – Existing Litigation: Scott Murphy vs. City of Thousand Oaks ; Case No.: 56201900523746CUPOVTA; Pursuant to Government Code Section 54956.9(a).
16. PUBLIC NOTICES: None
17. ADJOURNMENT: Adjourn in memory of Catherine Hazeltine, retired City employee, to Regular Meeting October 25, 2022.
Agenda Post Date/Time: Oct 06, 2022, 5:00P.M.
CCD:61040\h:\common\agenda\2022\101122.docx
City Council
REGULAR MEETING
Tuesday, October 11, 2022, 6:00 PM
Andrew P. Fox City Council Chambers
Public advisory: Face masks are recommended.
You may view the City Council meeting broadcast live on TV (Frontier Channel 3, Spectrum Channel 10), and YouTube (CTO Meetings).
If you would like to submit a written comment, please complete the online Comment Form. Please see Public Input section below for more information.
The Brown Act prohibits a person from having to register to attend a City Council meeting. The Zoom app requires registration if you would like to attend via video/teleconference. If you do not wish to register to attend the City Council meeting via Zoom, City Council chambers is open and accessible to the public.
If you would like to speak on an agenda item REMOTELY (NOT in person), please complete the online Speaker Form. Please see Public Input section below for more information.
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in the City Council meeting, please contact the City Clerk Department (805) 4492151 within 48 hours of the meeting.
Bob Engler , Mayor
Ed Jones , Mayor Pro Tem
Claudia Billde la Peña , Councilmember
Al Adam, Councilmember
Kevin McNamee, Councilmember
Executive Team
Andrew P. Powers, City Manager Tracy M. Noonan, City Attorney Ingrid Hardy, Assistant City Manager Gary Rogers, Deputy City Manager Kelvin Parker, Community Development Director Jaime Boscarino, Finance Dir./City Treasurer Cynthia M. Rodriguez, City Clerk Clifford G. Finley, Public Works Director Jonathan Serret, Cultural Affairs Director Tim Giles, Human Resources Director Jennifer Patterson, Library Services Director Alexandra South, Strategic Communications/Public Affairs Dir.
Jim Friedl, General Manager, CRPD Jeremy Paris, Police Chief Jeff Shea, Fire Chief
MISSION STATEMENT:
Extraordinary Service to the Citizens We Serve is Our Purpose The following is provided to assist with public participation:
AGENDA AVAILABILITY: The City Council Agenda is posted at the entry to the Civic Arts Plaza/City Hall, 2100 E. Thousand Oaks Boulevard, Thousand Oaks [main posting location pursuant to the Brown Act, G.C. 54954.2(a)]. Agenda packet and “Live and Archived” meetings and minutes are available on the City’s website at www.toaks.org. Televised City Council Meetings are rebroadcast Thursday and Sunday (following meeting) at 10:00 a.m. and 6:00 p.m. on TV (Frontier Channel 3, Spectrum Channel 10).
PUBLIC INPUT: To provide your comments to the City Councilmembers please submit comments via the online Comment Form. Written comment cards will also be available for submission at the meeting. If you would like to speak REMOTELY (NOT in person) on an agenda item during the meeting, please complete the online Speaker Form (you will be asked to provide an email address and telephone number). If you would like to speak IN PERSON, speaker cards will be available at the meeting and MUST be submitted in person. Doors open at 5:30 p.m. All Ventura County Health requirements will be followed, which may include limited capacity, social distancing, and wearing face masks. Persons addressing the City Council are requested to state their name and community of residence for the record. If you need further assistance, please email the City Clerk Department at [email protected] or call (805) 4492151. Please be advised that communications directed to the City Council are public records and are subject to disclosure pursuant to the California Public Records Act and Brown Act unless exempt from disclosure under the applicable law.
Communications will NOT be edited for redactions and will be printed/posted as submitted.
SPANISH INTERPRETATION: If you need interpretation of your communications to the City Council from Spanish into English, please contact the City Clerk Department at (805) 4492151 or by email at [email protected] . Notification of at least 48 hours will usually enable the City to make arrangements.
INTERPRETACIÓN AL ESPAÑOL : Si necesita una interpretación del español al inglés para sus comunicaciones al Consejo de la Ciudad, comuníquese con el Departmento del Secretario Municipal al (805) 4492151 o por correo electrónico a [email protected] . Por favor, avísenos con al menos 48 horas de anticipación para que la ciudad pueda hacer los arreglos necesarios.
CONSENT CALENDAR: Matters listed on Consent Calendar that do not require significant reporting and/or discussion for decision or considered to be routine, will be approved by one motion as recommended.
There will be no separate discussion unless Councilmember or staff member requests separate discussion prior to approval.
SUPPLEMENTAL INFORMATION: Any agenda related information received and distributed to the City Council after the Agenda Packet is produced is included in Supplemental Packets. Supplemental Packets are produced as needed, typically a minimum of two—one available on the Thursday preceding the City Council meeting and the second on Tuesday at the meeting. Both the Thursday and Tuesday Supplemental Packets are available for public review on the City’s website.
JUDICIAL REVIEW: Any legal action by an applicant seeking to obtain a judicial review of the City Council’s decision on a Hearing or issue listed on this Agenda may be subject to the 90day filing period, of and governed by, Code of Civil Procedure Section 1094.6. Also refer to TOMC Section 14.05.
1. CALL TO ORDER:
2. PLEDGE OF ALLEGIANCE:
3. ROLL CALL:
4. REQUESTS FOR CONTINUANCE OF ANY PUBLIC HEARING OR AGENDA ITEM:
5. SPECIAL PRESENTATIONS AND ANNOUNCEMENTS:
A. Environmental Prosecutor of the Year – Karen Wold
6. PUBLIC COMMENTS: To be heard before 6:45 p.m. If additional speakers for public comments remain at 6:45 p.m., remainder of speakers may be called at the end of the meeting. (Resolution Nos. 2011066/067)
7. CONSENT CALENDAR:
A. General, Utilities, Golf Course, and Theatres Demands RECOMMENDATION:
Ratify September 28, 2022, and October 5, 2022; approve October 12, 2022, and October 19, 2022, subject to review and ratification
B. Minutes of City Council meeting of September 27, 2022 RECOMMENDATION:
Approve
C. Hill Canyon Treatment Plant Security Upgrades (CI 5567) RECOMMENDATION:
1. Approve project design plans, specifications, and working details for security upgrades at Hill Canyon Treatment Plant (HCTP) (CI 5567).
2. Award construction contract to Climatec, LLC (Climatec), of Anaheim, CA, in the amount of $992,549, plus a construction contingency of $150,000 for security upgrades at HCTP (CI 5567).
3. Approve budget appropriation in the amount of $605,359 from A/C #6240000 3419900 (Wastewater Capital Fund, Net Position) to A/C #62482506828200 (CI 5567, Building Improvements) and authorize expenditure in the amount of $1,142,549 for construction costs.
4. Delegate authority to the City Engineer to approve changes in the design, plans, specifications and working details of the project on work directives and change orders up to the project contingency amount.
D. Fire Alarm System Upgrade at Various CityOwned Buildings (CI 5574, CI 5483, CI 5582, CI 5584)
RECOMMENDATION:
1. Approve selection of Kidde/KiddeFenwal products, distributed by Carrier, as fire alarm system manufacturer.
2. Authorize staff to solicit bids for the Fire Alarm System Upgrade at Various City Owned Buildings, projects (CI 5574, CI 5483, CI 5582, CI 5584).
E. Hill Canyon Treatment Plant Digester Backup Boiler Replacement (CI 5615) RECOMMENDATION:
1. Approve Professional Services Agreement with AEPC Group, LLC (Santa Clarita, CA) in an amount nottoexceed $83,460 for preparation of a condition assessment, as well as plans and specifications related to the Hill Canyon Treatment Plant Digester Backup Boiler Replacement Project (CI 5615), plus extra services of $8,350 with a term ending June 30, 2023.
2. Authorize expenditure in the amount of $91,810 ($83,460 agreement, plus extra services of $8,350) from A/C #62482506828300 (Hill Canyon Treatment Plant Digester Backup Boiler Replacement, CI 5615).
8. PUBLIC HEARINGS:
A. Municipal Code Amendment Implementing Senate Bill No. 9 (MCA 202270465) ORDINANCE AMENDING THE THOUSAND OAKS MUNICIPAL CODE BY ADDING ARTICLE 37 TO TITLE 9, CHAPTER 4; MODIFYING SECTIONS 94.202 AND 9
4.2202; AND ADDING SECTION 93.305 TO TITLE 9, CHAPTER 3, ARTICLE 3 TO UPDATE THE CITY’S ZONING REGULATIONS TO IMPLEMENT 2021 SENATE BILL NO. 9 (SB9), INCLUDING THE ADDITION OF A MINISTERIAL PROCESS FOR THE APPROVAL OF URBAN LOT SPLITS AND TWOUNIT HOUSING
DEVELOPMENTS (MCA202270465)
1ST READING
RECOMMENDATION:
1. Find that Municipal Code Amendment implementing Senate Bill No. 9 (SB 9) is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to California Government Code Sections 65852.21(j) and 66411.7(n).
2. Read ordinance in title only, further reading be waived, and if no objection introduce ordinance to adopt amendments to Thousand Oaks Municipal Code Title 9, Chapters 3 and 4, including the addition of a ministerial process for the approval of urban lot splits and twounit housing developments, as required by 2021 Senate Bill No. 9.
B. Revised Water Conservation Ordinance and Contract Term Extension for Related Services
ORDINANCE REPEALING IN ITS ENTIRETY CHAPTER 2, ARTICLE 11 OF TITLE 10 AND ADDING CHAPTER 2, ARTICLE 11 OF TITLE 10 ADOPTING REGULATIONS FOR WATER CONSERVATION
1ST READING
RECOMMENDATION:
1. Read ordinance in title only, further reading be waived, and, if no objection, introduce ordinance repealing in its entirety Chapter 2, Article 11 to Title 10 of the Thousand Oaks Municipal Code and adding a new Chapter 2, Article 11 to Title 10 of the Thousand Oaks Municipal Code adopting regulations for Water Conservation.
2. Approve First Amendment to Patrol Services Agreement No. 130512022 with Cobalt Security Services, Inc. (Thousand Oaks, CA), for additional patrol services in the amount of $75,000 for a revised nottoexceed amount of $125,000, and extend the term of the agreement to June 30, 2023.
3. Approve budget appropriation and authorize expenditure in the amount of $115,000 as follows: $75,000 from A/C #61100003419900 (Water Fund, Net Position) to A/C #61180256825699 (Contracted Services) for water waste patrol service for FY 202223 and $40,000 from A/C #61100003419900 (Water Fund, Net Position) to A/C #61180256811210 (Salaries) for temporary support staff.
9. STUDY SESSIONS: None
10. DEPARTMENT REPORTS: None
11. COMMITTEE/COMISSION/BOARD REPORTS: None
12. CITY COUNCIL AS SUCCESSOR AGENCY TO THOUSAND OAKS REDEVELOPMENT AGENCY REPORTS: None
13. COUNCIL ISSUES/RECOMMENDATIONS: None
14. CITY MANAGER:
A. Announcements and upcoming issues
15. CLOSED SESSION:
A. CONFERENCE WITH LEGAL COUNSEL – Existing Litigation: Scott Murphy vs. City of Thousand Oaks ; Case No.: 56201900523746CUPOVTA; Pursuant to Government Code Section 54956.9(a).
16. PUBLIC NOTICES: None
17. ADJOURNMENT: Adjourn in memory of Catherine Hazeltine, retired City employee, to Regular Meeting October 25, 2022.
Agenda Post Date/Time: Oct 06, 2022, 5:00P.M.
CCD:61040\h:\common\agenda\2022\101122.docx
City Council
REGULAR MEETING
Tuesday, October 11, 2022, 6:00 PM
Andrew P. Fox City Council Chambers
Public advisory: Face masks are recommended.
You may view the City Council meeting broadcast live on TV (Frontier Channel 3, Spectrum Channel 10), and YouTube (CTO Meetings).
If you would like to submit a written comment, please complete the online Comment Form. Please see Public Input section below for more information.
The Brown Act prohibits a person from having to register to attend a City Council meeting. The Zoom app requires registration if you would like to attend via video/teleconference. If you do not wish to register to attend the City Council meeting via Zoom, City Council chambers is open and accessible to the public.
If you would like to speak on an agenda item REMOTELY (NOT in person), please complete the online Speaker Form. Please see Public Input section below for more information.
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in the City Council meeting, please contact the City Clerk Department (805) 4492151 within 48 hours of the meeting.
Bob Engler , Mayor
Ed Jones , Mayor Pro Tem
Claudia Billde la Peña , Councilmember
Al Adam, Councilmember
Kevin McNamee, Councilmember
Executive Team
Andrew P. Powers, City Manager Tracy M. Noonan, City Attorney Ingrid Hardy, Assistant City Manager Gary Rogers, Deputy City Manager Kelvin Parker, Community Development Director Jaime Boscarino, Finance Dir./City Treasurer Cynthia M. Rodriguez, City Clerk Clifford G. Finley, Public Works Director Jonathan Serret, Cultural Affairs Director Tim Giles, Human Resources Director Jennifer Patterson, Library Services Director Alexandra South, Strategic Communications/Public Affairs Dir.
Jim Friedl, General Manager, CRPD Jeremy Paris, Police Chief Jeff Shea, Fire Chief
MISSION STATEMENT:
Extraordinary Service to the Citizens We Serve is Our Purpose The following is provided to assist with public participation:
AGENDA AVAILABILITY: The City Council Agenda is posted at the entry to the Civic Arts Plaza/City Hall, 2100 E. Thousand Oaks Boulevard, Thousand Oaks [main posting location pursuant to the Brown Act, G.C. 54954.2(a)]. Agenda packet and “Live and Archived” meetings and minutes are available on the City’s website at www.toaks.org. Televised City Council Meetings are rebroadcast Thursday and Sunday (following meeting) at 10:00 a.m. and 6:00 p.m. on TV (Frontier Channel 3, Spectrum Channel 10).
PUBLIC INPUT: To provide your comments to the City Councilmembers please submit comments via the online Comment Form. Written comment cards will also be available for submission at the meeting. If you would like to speak REMOTELY (NOT in person) on an agenda item during the meeting, please complete the online Speaker Form (you will be asked to provide an email address and telephone number). If you would like to speak IN PERSON, speaker cards will be available at the meeting and MUST be submitted in person. Doors open at 5:30 p.m. All Ventura County Health requirements will be followed, which may include limited capacity, social distancing, and wearing face masks. Persons addressing the City Council are requested to state their name and community of residence for the record. If you need further assistance, please email the City Clerk Department at [email protected] or call (805) 4492151. Please be advised that communications directed to the City Council are public records and are subject to disclosure pursuant to the California Public Records Act and Brown Act unless exempt from disclosure under the applicable law.
Communications will NOT be edited for redactions and will be printed/posted as submitted.
SPANISH INTERPRETATION: If you need interpretation of your communications to the City Council from Spanish into English, please contact the City Clerk Department at (805) 4492151 or by email at [email protected] . Notification of at least 48 hours will usually enable the City to make arrangements.
INTERPRETACIÓN AL ESPAÑOL : Si necesita una interpretación del español al inglés para sus comunicaciones al Consejo de la Ciudad, comuníquese con el Departmento del Secretario Municipal al (805) 4492151 o por correo electrónico a [email protected] . Por favor, avísenos con al menos 48 horas de anticipación para que la ciudad pueda hacer los arreglos necesarios.
CONSENT CALENDAR: Matters listed on Consent Calendar that do not require significant reporting and/or discussion for decision or considered to be routine, will be approved by one motion as recommended.
There will be no separate discussion unless Councilmember or staff member requests separate discussion prior to approval.
SUPPLEMENTAL INFORMATION: Any agenda related information received and distributed to the City Council after the Agenda Packet is produced is included in Supplemental Packets. Supplemental Packets are produced as needed, typically a minimum of two—one available on the Thursday preceding the City Council meeting and the second on Tuesday at the meeting. Both the Thursday and Tuesday Supplemental Packets are available for public review on the City’s website.
JUDICIAL REVIEW: Any legal action by an applicant seeking to obtain a judicial review of the City Council’s decision on a Hearing or issue listed on this Agenda may be subject to the 90day filing period, of and governed by, Code of Civil Procedure Section 1094.6. Also refer to TOMC Section 14.05.
1. CALL TO ORDER:
2. PLEDGE OF ALLEGIANCE:
3. ROLL CALL:
4. REQUESTS FOR CONTINUANCE OF ANY PUBLIC HEARING OR AGENDA ITEM:
5. SPECIAL PRESENTATIONS AND ANNOUNCEMENTS:
A. Environmental Prosecutor of the Year – Karen Wold
6. PUBLIC COMMENTS: To be heard before 6:45 p.m. If additional speakers for public comments remain at 6:45 p.m., remainder of speakers may be called at the end of the meeting. (Resolution Nos. 2011066/067)
7. CONSENT CALENDAR:
A. General, Utilities, Golf Course, and Theatres Demands RECOMMENDATION:
Ratify September 28, 2022, and October 5, 2022; approve October 12, 2022, and October 19, 2022, subject to review and ratification
B. Minutes of City Council meeting of September 27, 2022 RECOMMENDATION:
Approve
C. Hill Canyon Treatment Plant Security Upgrades (CI 5567) RECOMMENDATION:
1. Approve project design plans, specifications, and working details for security upgrades at Hill Canyon Treatment Plant (HCTP) (CI 5567).
2. Award construction contract to Climatec, LLC (Climatec), of Anaheim, CA, in the amount of $992,549, plus a construction contingency of $150,000 for security upgrades at HCTP (CI 5567).
3. Approve budget appropriation in the amount of $605,359 from A/C #6240000 3419900 (Wastewater Capital Fund, Net Position) to A/C #62482506828200 (CI 5567, Building Improvements) and authorize expenditure in the amount of $1,142,549 for construction costs.
4. Delegate authority to the City Engineer to approve changes in the design, plans, specifications and working details of the project on work directives and change orders up to the project contingency amount.
D. Fire Alarm System Upgrade at Various CityOwned Buildings (CI 5574, CI 5483, CI 5582, CI 5584)
RECOMMENDATION:
1. Approve selection of Kidde/KiddeFenwal products, distributed by Carrier, as fire alarm system manufacturer.
2. Authorize staff to solicit bids for the Fire Alarm System Upgrade at Various City Owned Buildings, projects (CI 5574, CI 5483, CI 5582, CI 5584).
E. Hill Canyon Treatment Plant Digester Backup Boiler Replacement (CI 5615) RECOMMENDATION:
1. Approve Professional Services Agreement with AEPC Group, LLC (Santa Clarita, CA) in an amount nottoexceed $83,460 for preparation of a condition assessment, as well as plans and specifications related to the Hill Canyon Treatment Plant Digester Backup Boiler Replacement Project (CI 5615), plus extra services of $8,350 with a term ending June 30, 2023.
2. Authorize expenditure in the amount of $91,810 ($83,460 agreement, plus extra services of $8,350) from A/C #62482506828300 (Hill Canyon Treatment Plant Digester Backup Boiler Replacement, CI 5615).
8. PUBLIC HEARINGS:
A. Municipal Code Amendment Implementing Senate Bill No. 9 (MCA 202270465) ORDINANCE AMENDING THE THOUSAND OAKS MUNICIPAL CODE BY ADDING ARTICLE 37 TO TITLE 9, CHAPTER 4; MODIFYING SECTIONS 94.202 AND 9
4.2202; AND ADDING SECTION 93.305 TO TITLE 9, CHAPTER 3, ARTICLE 3 TO UPDATE THE CITY’S ZONING REGULATIONS TO IMPLEMENT 2021 SENATE BILL NO. 9 (SB9), INCLUDING THE ADDITION OF A MINISTERIAL PROCESS FOR THE APPROVAL OF URBAN LOT SPLITS AND TWOUNIT HOUSING
DEVELOPMENTS (MCA202270465)
1ST READING
RECOMMENDATION:
1. Find that Municipal Code Amendment implementing Senate Bill No. 9 (SB 9) is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to California Government Code Sections 65852.21(j) and 66411.7(n).
2. Read ordinance in title only, further reading be waived, and if no objection introduce ordinance to adopt amendments to Thousand Oaks Municipal Code Title 9, Chapters 3 and 4, including the addition of a ministerial process for the approval of urban lot splits and twounit housing developments, as required by 2021 Senate Bill No. 9.
B. Revised Water Conservation Ordinance and Contract Term Extension for Related Services
ORDINANCE REPEALING IN ITS ENTIRETY CHAPTER 2, ARTICLE 11 OF TITLE 10 AND ADDING CHAPTER 2, ARTICLE 11 OF TITLE 10 ADOPTING REGULATIONS FOR WATER CONSERVATION
1ST READING
RECOMMENDATION:
1. Read ordinance in title only, further reading be waived, and, if no objection, introduce ordinance repealing in its entirety Chapter 2, Article 11 to Title 10 of the Thousand Oaks Municipal Code and adding a new Chapter 2, Article 11 to Title 10 of the Thousand Oaks Municipal Code adopting regulations for Water Conservation.
2. Approve First Amendment to Patrol Services Agreement No. 130512022 with Cobalt Security Services, Inc. (Thousand Oaks, CA), for additional patrol services in the amount of $75,000 for a revised nottoexceed amount of $125,000, and extend the term of the agreement to June 30, 2023.
3. Approve budget appropriation and authorize expenditure in the amount of $115,000 as follows: $75,000 from A/C #61100003419900 (Water Fund, Net Position) to A/C #61180256825699 (Contracted Services) for water waste patrol service for FY 202223 and $40,000 from A/C #61100003419900 (Water Fund, Net Position) to A/C #61180256811210 (Salaries) for temporary support staff.
9. STUDY SESSIONS: None
10. DEPARTMENT REPORTS: None
11. COMMITTEE/COMISSION/BOARD REPORTS: None
12. CITY COUNCIL AS SUCCESSOR AGENCY TO THOUSAND OAKS REDEVELOPMENT AGENCY REPORTS: None
13. COUNCIL ISSUES/RECOMMENDATIONS: None
14. CITY MANAGER:
A. Announcements and upcoming issues
15. CLOSED SESSION:
A. CONFERENCE WITH LEGAL COUNSEL – Existing Litigation: Scott Murphy vs. City of Thousand Oaks ; Case No.: 56201900523746CUPOVTA; Pursuant to Government Code Section 54956.9(a).
16. PUBLIC NOTICES: None
17. ADJOURNMENT: Adjourn in memory of Catherine Hazeltine, retired City employee, to Regular Meeting October 25, 2022.
Agenda Post Date/Time: Oct 06, 2022, 5:00P.M.
CCD:61040\h:\common\agenda\2022\101122.docx
DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California September 27, 2022
1. CALL TO ORDER:
Mayor Bob Engler called the meeting to order at 6:01 p.m. in C ouncil Chambers, 2100 Thousand Oaks Boulevard, Thousand Oaks, California.
2. PLEDGE OF ALLEGIANCE: Mayor Engler led the pledge of allegiance.
3. ROLL CALL:
Present: Councilmembers Bill-de la Peña (6:02 p.m.), Adam, McNamee, Jones, and Mayor Engler present in chambers.
Also present: City Manager Andrew P. Powers, City Attorney Tracy M. Noonan, Assistant City Manager Ingrid Hardy, Deputy City Clerk Laura Maguire, Finance Director Jaime Boscarino, Community Development Director Ke lvin Parker, Public Works Director Cliff Finley, Cultural Affairs Director Jonathan Se rret, Human Resources Director Tim Giles, Library Services Director Jennifer Patterson, Strategic Communicati ons/Public Affairs Director Alexandra South, Police Chief Jeremy Paris, Fire Chief Jeff Shea, Chief Assistant City Attorney Patrick Hehir, Assistant City Attorney Tracy Friedl, Community Development Analyst Lynn Oshita, Economic Development Analyst Dusty Russell, Deputy Public Works Director Nader Heydari, Assistant to th e City Manager Melissa Hurtado, Information Technology Supervisor Atanas Beltchev, Vulnerable Populations Officers Danny Lopez and Tom Fuchs, Cable Operations Supervisor Carl Jarecky, Senior Video Specialist Richard Swingler, Assistant Analysts Sandra De lgado and Christy Glaubke, and Records Management Specialist Judy Freeman.
4. REQUESTS FOR CONTINUANCE OF ANY PUBLIC HEARING OR AGENDA ITEM: None.
5. SPECIAL PRESENTATIONS AND ANNOUNCEMENTS:
A. Las Virgenes Municipal Water District Pure Water Project – Environmental Impact Report Public Review
Mayor Engler introduced Las Virgenes M unicipal Water District Engineering Program Manager Oliver Slosser to discu ss the district’s upcoming Pure Water Project.
6. PUBLIC COMMENTS: To be heard before 6:45 p.m. If additional speakers for public comments remain at 6:45 p.m., remainder of speakers may be called at the end of the meeting. (Resolution Nos. 2011-066/067)
Speakers: Jeff Briggs, Thousand Oaks; Erin O ’Donnell, Thousand Oaks; Cristy Warner, Thousand Oaks (submitted document); Graham e Watts, Newbury Park; Bob Bergman, Newbury Park; George Rosenthal, Newbury Pa rk; Lin Young, Newbury Park; Kapaka Senko, Thousand Oaks (submitted document); George Senko, Thousand Oaks (submitted document); Martin Erickson, Camarillo (submitted document); Bruce Odelf, Newbury Park; Jeff Schwartz, Thousand Oaks; Michael Debias e, Thousand Oaks. Additional information supplemental packet.
Written Statement: Ramin Khalilzadeh, Thousand Oaks.
City Manager Powers addressed public comments.
Item No.7B
DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 2 September 27, 2022
7. CONSENT CALENDAR:
Additional information supplemental packet pertaining to Item 7.C.
A. General, Utilities, Golf Course, and Theatres Demands
RECOMMENDATION:
Ratify September 14, 2022, and Septem ber 21, 2022; approve September 28, 2022, and October 5, 2022, subject to review and ratification
Motion by Councilmember Bill-de la Peña to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Bill-de la Peña, Adam, McNamee, Jones, Engler
Noes – None
B. Minutes of City Council meeting of September 13, 2022
RECOMMENDATION:
Approve
Motion by Councilmember Bill-de la Peña to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Bill-de la Peña, Adam, McNamee, Jones, Engler
Noes – None
C. Environmental Consulting Services for Los Robles Cancer Treatment Center Project
RECOMMENDATION:
1. Approve Task Order No. 3 (On-Call Contract No. 1252 0-2020) with Dudek Consulting of Santa Barbara, CA, to co mplete environmental documents for the Los Robles Cancer Treatment Center Project at 400 East Rolling Oaks Drive, with a base cost of $103,760 and additional se rvices of $21,240 for a total not-to- exceed amount of $125,000.
2. Approve budget appropriation and author ize expenditure in an amount not-to- exceed $125,000 from A/ C #001-4210-447-4000 (Charges for Services - Planning Fees/Permit) to A/C #001-4210-641-5947 (Contracted Services, Reimbursable).
Motion by Councilmember Bill-de la Peña to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Bill-de la Peña, Adam, McNamee, Jones, Engler
Noes – None
Item No.7B
DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 3 September 27, 2022
7. CONSENT CALENDAR: (Continued)
D. Land Division Map for Lakes Residential Development (LD 2021-70435)
RESOLUTION AUTHORIZING APPROVA L OF PARCEL MAP LD 21-70435 – 2200 E. THOUSAND OAKS BOULEVARD (T.O. LAKES, LLC)
RES. NO. 2022-048
RECOMMENDATION:
1. Adopt resolution authorizing the appr oval of Final Parcel Map No. LD 2021- 70435 by designated City staff for future recordation (T.O. Lakes, LLC).
2. Authorize the City Engi neer to approve and City Clerk to sign the Parcel Map and Access Easement Covenant when t hey are in a complete and acceptable form, and to process other necessary and pertinent documents and drawings.
3. Authorize City Engineer to approve, and the Mayor and City Manager to sign the Owner’s Statement on the Parcel Map, Access Easement Covenant, and other related documents on behalf of the City when they are in a complete and acceptable form.
4. Authorize City Clerk and other nece ssary City staff to sign an Abandonment Certificate for unnecessary public utilities easement previously reserved for public benefit and identified on the cover sheet of Parcel Map LD 2021-70435 which will enable the public utilities easement to be abandoned upon recordation of the Parcel Map.
Motion by Councilmember Jones to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Bill-de la Peña, Adam, McNamee, Jones, Engler
Noes – None
E. Zero Emission Bus Plan Consulting Services Task Order
RECOMMENDATION:
Approve Task Order No. 2 with Stantec Consulting Services, Inc, (Los Angeles, CA) on Contract No. 12500-202 0 for a not-to-exceed amount of $102,836, to prepare a State of California required Zero Emission Bus Transition Plan.
Motion by Councilmember Bill-de la Peña to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Bill-de la Peña, Adam, McNamee, Jones, Engler
Noes – None
Item No.7B
DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 4 September 27, 2022
7. CONSENT CALENDAR: (Continued)
F. Termination of Contract – Industrial Strength Advertising and Design
RECOMMENDATION:
Approve termination of Professional Se rvices Agreement, Contract No. 12849- 2021 with Industrial St rength Advertising and Desi gn with 30 days’ notice in accordance with the terms of the contract and authorize City Manager to execute Termination Letter.
Motion by Councilmember Bill-de la Peña to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Bill-de la Peña, Adam, McNamee, Jones, Engler
Noes – None
G. Rancho Conejo Biotech Area Sidewalk Project Engineering Services - CI 5664
RECOMMENDATION:
1. Approve Professional Services Agreement with MNS Engineers, Inc., (Thousand Oaks, CA) in an amount not -to-exceed $315,866 for engineering and design of the Rancho Conejo Biotech Area Sidewalk Project (CI 5664), plus extra services of $31,634, for a total amount not-to-exceed of $347,500, with a term ending June 30, 2024, with optional extensions to June 30, 2027.
2. Authorize acceptance of Federal CO VID Relief and Recovery Supplemental Appropriation Act Grant from Federal Highw ay Administration, in the amount of $1,592,969 for the construction phase of the Rancho Conejo Biotech Area Sidewalk Project (CI 5664).
3. Approve budget appropriati on in the amount of $1,592,969 from A/C #183- 0000-438-9900 (Federal Grant/Other) to A/C #183-5310-631-8300 (CI 5664, Rancho Conejo Biotech Area Sidewalk Project).
4. Approve budget appropriati on in the amount of $1, 600,000 from A/C #001- 0000-311-1000 (General Fund, Fund Balance) to A/C #001-5310-631-8300 (CI 5664, Rancho Conejo Biotech Area Sidewalk Project).
5. Authorize expenditure in the amount of $352,500 ($315,866 Agreement, plus extra services of $31,634, and $5,000 City Furnished Materials and Supplies) from A/C #001-5310-631-8300 (CI 5664, Rancho Conejo Biotech Area Sidewalk Project).
Motion by Councilmember Bill-de la Peña to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Bill-de la Peña, Adam, McNamee, Jones, Engler
Noes – None
Item No.7B
DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 5 September 27, 2022
7. CONSENT CALENDAR: (Continued)
H. Fiscal Years 2023-24 & 2024-25 Budget Calendar
RECOMMENDATION:
Approve budget calendar establishing study sessions and public hearing dates for Fiscal Year (FY) 2023-24 & FY 2024-25 O perating Budget, Capital Improvement Program Budget, and User Fees.
Motion by Councilmember Bill-de la Peña to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Bill-de la Peña, Adam, McNamee, Jones, Engler
Noes – None
I. Approval of Final Tract Map No. 5946
RESOLUTION APPROVING TRACT MA P 5946 (HYDAM HO MES, LLC) LOCATED AT 2080 EAST HILLCREST DRIVE
RES. NO. 2022-047
RECOMMENDATION:
1. Adopt resolution approving Tract Map No. 5946 for recordation (Hydam Homes, LLC).
2. Authorize City Clerk and City Engineer to sign the Tract Map and Abandonment Certificate when they are in a complete and acceptable form, and to process other necessar
y and pertinent documents and drawings.
Motion by Councilmember Bill-de la Peña to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Bill-de la Peña, Adam, McNamee, Jones, Engler
Noes – None
8. PUBLIC HEARINGS: None.
9. STUDY SESSIONS: None.
Item No.7B
DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 6 September 27, 2022
10. DEPARTMENT REPORTS:
A. Mobile Home Rent Stabilization Ordinance (Continued from September 13, 2022)
RECOMMENDATION:
1. Receive information regarding the hist ory of mobile home rent control regulations in the City of Thousand Oaks.
2. Provide direction as appropriate.
Presented by Chief Assistant City Atto rney Hehir. Community Development Director Parker available for questions.
City Council recess at 7:16 p.m.; reconvened at 7:41 p.m.
Motion by Councilmember Jones to contin ue the item to t he October 11, 2022, City Council meeting and to consider forming an ad hoc committee to meet with park owners one last time to see if they would reduce the rent this year failed 2-3, Councilmembers McNamee, Adam, and Engl er dissenting. (Vote taken after motion/vote to call the question)
Motion by Councilmember Jones to call the question and stop debate on previous motion, failed 2-3, Councilmembers Bill-de la Peña, Adam, and Engler dissenting.
Motion by Councilmember Bill-de la Peña to add ad hoc committee to next agenda to start discussion on Rent Stabilizatio n Ordinance (RSO) and Consumer Price Index (CPI) and to work with property owners. Motion withdrawn.
Motion by Councilmember McNamee to receive report.
Passed 5-0 by the following vote:
Ayes – Bill-de la Peña, Adam, McNamee, Jones, Engler
Noes – None
11. COMMITTEE/COMISSION/BOARD REPORTS: None.
12. CITY COUNCIL AS SUCCESSO R AGENCY TO THOUSAND OAKS REDEVELOPMENT AGENCY REPORTS: None.
Item No.7B
DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 7 September 27, 2022
13. COUNCIL ISSUES/RECOMMENDATIONS:
A. Ad Hoc Homelessness Committee Update
RESOLUTION DECLARING A PORTION OF THE PROPERTY LOCATED AT 1205 LAWRENCE DRIVE AS EXEMPT S URPLUS LAND PURSUANT TO THE
SURPLUS LAND ACT
RES. NO. 2022-049
RECOMMENDATION:
1 Authorize staff to issue a Request fo r Proposals (RFP) for construction and operation of a navigation center (emergency shelter) at 1205 Lawrence Drive.
2. Adopt resolution declaring the property located at 1205 Lawrence Drive (APN 6670080105) as Exempt Surplus Land purs uant to the Surplus Lands Act; and authorize City Manager to take action(s) ne cessary to effectuate the purposes of the resolution.
3. Authorize Mayor to sign letter to County of Ventura requesting financial assistance to support capital and operatin g costs associated with the navigation center.
City Council recess at 8:31 p.m.; reconvened at 8:36 p.m.
Presented by Assistant City Manager Hardy. City Manager Powers, Police Chief Paris, and Vulnerable Population Offi cers Fuchs and Lopez responded to questions. Finance Director Boscarino and Deputy Public Works Director Heydari available for questions. Additional information supplemental packet.
Speakers: Tim, Thousand Oaks; Erin O’Donnell, Oak Park; Stephanie Sullivan, Lutheran Social Services; Kimberly Mirel, Newbury Park; Frank Schillo, Thousand Oaks; Juliette Ormberget, Newbury Park; Peter Skidanov, Newbury Park; Jim Friedl, CRPD; Rick Shroeder, Many Mansions; Kyle Rohrbach, Thousand Oaks.
Written Statements: Dave Alston, Newbury Park; Michael Mirel, Newbury Park; Julee Merrill, Newbury Park; Susan Duenas, Newbury Park.
Motion by Councilmember McNamee to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Bill-de la Peña, Adam, McNamee, Jones, Engler
Noes – None
Item No.7B
DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 8 September 27, 2022
13. COUNCIL ISSUES/RECOMMENDATIONS: (Continued)
B. Update on League of California Cities Ann ual Conference, September 7-9, 2022 (Engler/McNamee)
RECOMMENDATION:
Receive report.
Presented by Mayor Engler and Councilmember McNamee.
Speaker/Written Statement: None.
14. CITY MANAGER:
A. Announcements and upcoming issues
City Manager Powers provided an update on the October 11, 2022, City Council meeting.
15. CLOSED SESSION:
A. CONFERENCE WITH LEGAL COUNSEL – Existing Litigation: City of Thousand Oaks vs. CHPCE Thousand Oaks LLC ; Case No.: 56-2022-00569299-CU-BC- VTA; Pursuant to Government Code Section 54956.9(a).
City Attorney Noonan announced Closed Session held at 10:21 p.m. and indicated no announcement anticipated.
16. PUBLIC NOTICES: None.
17. ADJOURNMENT:
City Council adjourned at 10:42 p.m. to Regular Meeting on October 11, 2022.
______________________________
Bob Engler, Mayor
City of Thousand Oaks City Council
Attest:
____________________________
Cynthia M. Rodriguez, City Clerk
City of Thousand Oaks City Council
AGENDA POSTED: September 22, 2022
MINUTES APPROVED: October 11, 2022
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the City of Thousand Oaks City Council on the date cited above.
Item No.7B
TO:Andrew P. Powers, City Manager
FROM:Jaime Boscarino, Finance Director
DATE:October 11, 2022
SUBJECT: Hill Canyon Treatment Plant Security Upgrades (CI 5567) RECOMMENDATION:
1. Approve project design plans, specifications, and working details for security upgrades at Hill Canyon Treatment Plant (HCTP) (CI 5567).
2. Award construction contract to Climatec, LLC (Climatec), of Anaheim, CA in the amount of $992,549, plus a construction contingency of $150,000 for security upgrades at HCTP (CI 5567).
3. Approve budget appropriation in the amount of $605,359 from A/C #624-0000- 341-9900 (Wastewater Capital Fund, Net Position) to A/C #624-8250-682-8200 (CI 5567, Building Improvements) and authorize expenditure in the amount of $1,142,549 for construction costs.
4. Delegate authority to the City Engineer to approve changes in the design, plans, specifications and working details of the project on work directives and change orders up to the project contingency amount.
FINANCIAL IMPACT:
$605,359 Increase to FY 2022-23 Wastewater Capital Fund Budget. $605,359 increase to Adopted FY 2022-23 Wastewater Capital Fund Budget. Total project cost is estimated at $1,254,699.
BACKGROUND:
The HCTP completed a major plant renovation in Fall of 2001, which included installation of video security and access control systems. The software systems and hardware have reached the end of their useful life and require repairs resulting in less-than-optimal operations during the past several years. FY 2021-2023 capital budget process includes CI5567 with a budget of $649,340 to replace these systems, as well as expand, upgrade, and improve the physical hardware devices, such as cameras and access readers throughout the plant.
Item No.7C
HCTP Security Upgrades (CI 5567)
October 11, 2022
3 9
4 A Request for Proposal/Qualifications (RFP/Q) for Design Consultant Services for Security System Upgrades at HCTP was publicly advertised on February 4, 2021 and from that effort, Triad Consulting & System Design Group, LLC (Triad) of Corona, CA, was awarded the contract. Triad completed the bid documents and on May 24, 2022, City Council approved an amendment to the agreement with Triad (Contract No. 12829-2021) to expand the scope of work to include the development of software system standards and authorized staff to solicit bids for construction.
DISCUSSION/ANALYSIS:
The Notice Inviting Bids was posted on July 22, 2022, and publicly opened by the City Clerk Department on August 31, 2022. Three (3) bids were received and Climatec of Anaheim, CA submitted the lowest responsive bid for $992,549.
Unlimited Technologies was deemed non-responsive because they were not registered with the CA Department of Industrial Relations at the time of bid, which is required by Labor Code 1771.1(a).
The bids received included:
Bid Amount Contractor Place of Business
1. $897,055 Unlimited Technology Chester Springs, PA
2. $992,549 Climatec, LLC Anaheim, CA
3. $1,193,000 Waisman Construction, Inc. Canoga Park, CA Climatec’s references, Department of Industrial Relations registration, and state contractor’s license were verified, and their bid was responsive and responsible.
Staff recommends City Council award the construction contract to Climatec.
This project is exempt from any environmental impact review under the California Environmental Quality Act (CEQA). The work falls into Categorical Exemption:
Article 19, Class 1 Existing Buildings and involves no expansion of use to the existing buildings impacted.
The project plans and specifications are complete and available for review upon request to Elizabeth Perez by email at [email protected].
Item No.7C
HCTP Security Upgrades (CI 5567)
October 11, 2022
3 9
4 BUDGET/ESTIMATED COSTS SUMMARY:
Estimated Costs/Budget
Construction Costs (Climatec) $ 992,549
Construction Contingency - 15% $ 150,000
Consultant Costs
(Design through Construction Administration) $ 102,150 City Furnished Materials & Supplies $ 10,000 Estimated Total Project Costs $ 1,254,699
Approved CIP Budget (CI 5567) $ 649,340
Budget Requested $ 605,359
An approximate 15 percent contingency is included to cover any unforeseen issues arising during construction, which are often associated with an upgrade project in an existing facility. The contingency is above the standard 10 percent because most of the infrastructure is over 20 years old, with some areas exceeding 50 years. Aging infrastructure and buildings will often present a greater number of hidden conditions that need to be addressed during construction and cause unanticipated change orders. The additional contingency provides sufficient funding for those issues.
Tentative Schedule:
Bid Award October 2022
Start Construction November 2022
Project Completion June 2023
CIP PROJECT PRIORITY (as outlined in FY 2021-22 and 2022-23 CIP Program Budget)
Priority One – Addresses Health & Safety, legal and regulatory requirements, or a top City Council Priority.
COUNCIL GOAL COMPLIANCE:
Meets the following City Council goals:
C. Operate City government in a fiscally and managerially responsible and prudent manner to ensure that the City of Thousand Oaks remains one of California's most desirable places to live, work, visit, recreate, and raise a family.
Item No.7C
HCTP Security Upgrades (CI 5567)
October 11, 2022
3 9
4 F. Provide and enhance essential infrastructure to ensure that the goals and policies of the Thousand Oaks General Plan are carried out and the City retains its role and reputation as a leader in protecting the environment and preserving limited natural resources.
PREPARED BY: Elizabeth Perez, Facilities Manager
Documents Under Separate Cover:
#1 – Project plans, specifications, and Addenda Nos. 1 through 3 for the Security System Upgrade at HCTP
FIN:201-10\edp\cp\H:\COMMON\Council\2022\Facilities\101122 HCTP Security Upgrade Bid Award Staff Report.docx Item No.7C
TO:Andrew P. Powers, City Manager
FROM:Jaime Boscarino, Finance Director
DATE:October 11, 2022
SUBJECT: Fire Alarm System Upgrade at Various City-Owned Buildings (CI 5574, CI 5483, CI 5582, CI 5584)
RECOMMENDATION:
1. Approve selection of Kidde/Kidde-Fenwal products, distributed by Carrier, as fire alarm system manufacturer.
2. Authorize staff to solicit bids for the Fire Alarm System Upgrade at Various City- Owned Buildings, projects (CI 5574, CI 5483, CI 5582, CI 5584).
FINANCIAL IMPACT:
No Additional Funding Requested. Total Project costs are estimated at $1,378,000. The Adopted FY 2022-23 General Fund, Library, Fund, Water Fund, Wastewater Fund, and Transportation Fund CIP Budgets total $600,000. Staff will return to City Council to request additional funding at bid award if needed.
BACKGROUND:
The fire alarm systems at the following City-owned buildings were installed more than 15 years ago and require complete replacement or major upgrades:
Location Installation Date
Newbury Park Library (NP Library) 1991
Grant Brimhall Library (GB Library) 1996 & 2006
Municipal Service Center (MSC) 1994
Hill Canyon Treatment Plant (HCTP) 2003
Various parts of the systems, including the fire alarm main control panels, software, alarm devices, and related components, have reached the end of their practical useful life. Maintenance is an increasing challenge due to the obsolete systems and difficulty acquiring proper replacement parts.
Item No.7D
Fire Alarm System Upgrade (CI 5574, CI 5483, CI 5582, CI 5584) October 11, 2022
3 9
5 Fire codes have changed over the years, requiring alterations to various system components. For example, the National Fire Protection Agency (NFPA) includes items such as replacements of visible strobes and audible alarms. To ensure the proper maintenance of these City-owned buildings, system upgrades were included in the current Capital Improvement Program (CIP) Budget.
Request for Proposals (RFP) for a consultant to produce fire system design and bid documents were published on November 5, 2020. From that solicitation, Jensen Hughes, Inc., (Jensen Hughes) of Anaheim, CA was awarded the contract based on the firm’s expertise, experience with similar projects, qualifications, and evaluation criteria, as set forth in the RFP package. Jensen Hughes has completed the drawings and specifications and are finalizing the approvals with the Ventura County Fire District. Staff is ready to compile the drawings and specifications into the bid documents and publicly post for bid.
DISCUSSION/ANALYSIS:
Kidde/Kidde-Fenwal Product Selection
The City has a variety of fire alarm systems currently in use at various locations.
City staff, in consultation with Jensen Hughes, selected the Kidde and Kidde/Fenwal (Kidde) family of products distributed by Carrier as the recommended fire alarm systems for the upgrades. The Kidde products meet the requirements of the various buildings for functionality and availability of technicians in the region. The software is not proprietary, so a variety of distributors and vendors can repair the system and purchase equipment and parts, which allows for more competitive pricing. The Kidde family of products is in use at the Teen and Goebel Adult Centers, as well as at the Hill Canyon Treatment Plant and City staff has been satisfied with the performance of the existing Kidde systems.
Approving the Kidde products prior to the public bidding provides several advantages. It allows the engineer’s design to be executed fully, eliminates changes to the design to accommodate for a different manufacturer, and ensures that bidders do no substitute products during the bidding process, making the bids more comparable by bidding on the same equipment. Preselection of Kidde products also means system selection may be based on ease of use, service vendor availability, and standardization with other City facilities.
Authorization to Solicit Bids
Jensen Hughes will complete the bid documents for this project, which staff will finalize for publication. The approval of the recommendation will comply with Purchasing requirements, allow staff to enter a contract with the lowest responsible bidder, and ensure the City’s compliance with current life-safety codes.
Item No.7D
Fire Alarm System Upgrade (CI 5574, CI 5483, CI 5582, CI 5584) October 11, 2022
3 9
5 Financial Summary
Project #/
Location
Current
Budget
Expenditures/
Encumbrances
Estimated Total
Project Cost
CI 5574 Newbury Park
Library (NP Library) $100,000 $56,300 $192,000
CI 5483 Grant Brimhall
Library (GB Library) $150,000 $80,900 $316,000
CI 5582 Hill Canyon
Treatment Plant (HCTP) $200,000 $89,500 $550,000
CI 5584 Municipal Service
Center (MSC) $150,000 $80,900 $320,000
Total $600,000 $307,600 $1,378,000
The current budget only included the design portion of the project. Staff will return to City Council at the time of Bid Award and request additional budget as needed.
Tentative Schedule:
Solicitation Published December 2022
Award Bid January 2023
Start Construction February 2023
Construction Complete Fall 2023
CIP PROJECT PRIORITY (as outlined in FY 2021-22 and FY 2022-23 CIP Program Budget)
Priority One - Addresses Health and Safety, legal, and regulatory requirements, or a top City Council Priority.
COUNCIL GOAL COMPLIANCE:
Meets the following City Council goals:
C. Operate City government in a fiscally and managerially responsible and prudent manner to ensure that the City of Thousand Oaks remains one of California's most desirable places to live, work, visit, recreate, and raise a family.
F. Provide and enhance essential infrastructure to ensure that the goals and policies of the Thousand Oaks General Plan are carried out and the City retains its role and reputation as a leader in protecting the environment and preserving limited natural resources.
PREPARED BY: Elizabeth Perez, Facilities Manager
FIN:201-10/edp/cp/H:\COMMON\Council\2022\Facilities\101122 Fire Alarm Sys Upgrades Bid Auth Staff Report.docx Item No.7D
TO:Andrew P. Powers, City Manager
FROM:Clifford G. Finley, Public Works Director
DATE:October 11, 2022
SUBJECT: Hill Canyon Treatment Plant Digester Backup Boiler Replacement (CI 5615)
RECOMMENDATION:
1. Approve Professional Services Agreement with AEPC Group, LLC (Santa Clarita, CA) in an amount not-to-exceed $83,460 for preparation of a condition assessment, as well as plans and specifications related to the Hill Canyon Treatment Plant Digester Backup Boiler Replacement Project (CI 5615), plus extra services of $8,350 with a term ending June 30, 2023.
2. Authorize expenditure in the amount of $91,810 ($83,460 agreement, plus extra services of $8,350) from A/C #624-8250-682-8300 (Hill Canyon Treatment Plant Digester Backup Boiler Replacement, CI 5615).
FINANCIAL IMPACT:
No Additional Funding Requested. $203,000 is included in the Adopted FY 2022-23 Wastewater Capital Fund Budget. Additional funding will be requested in the upcoming biennial Budget process.
BACKGROUND:
The Hill Canyon Treatment Plant (HCTP) is located at 9600 Santa Rosa Road, and sits at the confluence of the North and South Arroyo Conejo creeks. The facility has three anaerobic digesters which process the digestate and fats, oils, and grease (FOG) that is brought to the facility for processing. The FOG facility is being completely redesigned as a separate project and construction of that facility is expected to be complete at the end of 2023.
To maintain the critical temperatures within the digesters, HCTP has a boiler system that is used in conjunction with the anaerobic digesters. After installation of the boiler system in the mid-1990s, the system struggled to operate consistently on the combustible gas produced by the digesters. The existing system is dual fuel, which allows for a natural gas supply in times when the digester gas is insufficient to operate the boiler. For several decades, the boiler was fueled by Item No.7E
HCTP Digester Backup Boiler Replacement (CI 5615)
October 11, 2022
3 9
6 digester gas augmented by natural gas. HCTP installed a proprietary/privately owned cogeneration system that worked in conjunction with the boiler system to consume and process excess digester gas.
The cogeneration system currently operates as the primary source of heat for the digesters and other facility heat needs and sells energy back to HCTP to offset the power consumption at the facility. The boiler is operated when the cogeneration system is offline. Recently the boiler system experienced more issues with the digester gas consumption which has resulted in the system operating almost exclusively on natural gas, which is costly. The 2020 HCTP Master Plan includes a recommendation to replace the digester boiler and appurtenances/valves that regulate the supply and return lines leading to and from the digester boiler as well as the circulation pumps.
DISCUSSION/ANALYSIS:
As part of the Digester Backup Boiler Replacement Project, it is necessary to retain the services of a professional engineering firm to review the recommendations of the HCTP Master Plan, meet with HCTP treatment staff to obtain their input into the overall project design, and to prepare construction ready plans and specifications for the improvements.
In accordance with Government Code section 4526 and Thousand Oaks Municipal Code section 3-10.401, a formal Request for Proposals/Qualifications (RFP/Q) for the HCTP Digester Backup Boiler Replacement Project was solicited on July 8, 2022. Unlike the low bid requirements of the Public Contract Code, contracts for professional, management, general, or special services should only be awarded to firms or persons who have demonstrated an adequate level of experience, competence, training, credentials, resources, staffing, and other professional qualifications necessary for more than a satisfactory performance of the services solicited. The award of an RFP/Q is based upon a variety of factors that demonstrate best value to the City for the solicited scope of service. The cost of the service may be considered as one of those factors; however, the lowest cost is not the sole factor in deciding who will be awarded the contract.
The formal RFP/Q was publicly advertised in the Thousand Oaks Acorn and posted on the City’s solicitation website. The formal RFP/Q documents were downloaded by 31 vendors and consulting firms. However, due to the extremely active construction marketplace and the specialized nature of the project, only one proposal was received in August 2022 from AEPC Group, LLC (Santa Clarita, CA).
Item No.7E
HCTP Digester Backup Boiler Replacement (CI 5615)
October 11, 2022
3 9
6 A team of Public Works engineering and operations staff evaluated the proposal based on the following qualification criteria:
· Project understanding and approach;
· Relevant experience (projects of similar size and scope); · Quality, clarity, responsiveness, and conformance with terms of the RFP/Q; · Qualifications and availability of key persons working on the project; · Team members’ (subconsultants) qualifications; and
· Reasonableness of completion schedule and estimated level of effort dedicated to completing each task.
Staff contacted the consultant and discussed the scope of work and the fee for the project to ensure the scope was representative of the level of effort that City Staff envisioned. It is recommended City Council approve the Professional Services Agreement with AEPC Group, LLC in the amount of $83,460 for design phase services (Attachment #2), plus authorization for extra services of $8,350. The authorization to bid on the construction of the rehabilitation work is expected to be presented to City Council in early 2023.
Community Outreach: This project will be limited to work at HCTP and is not expected to impact any neighboring residences. The work will be at the north end of the plant and will have limited impact to plant operation.
This project meets City Council’s Top Ten Priorities #9, “Public Works/CDD and Infrastructure Investments.”
CIP PROJECT PRIORITY (as outlined in FY 2021-22 and FY 2022-23 CIP Program Budget)
Priority One – Addresses Health and Safety, legal and regulatory requirements, or a top City Council Priority.
COUNCIL GOAL COMPLIANCE:
Meets the following City Council goal:
F. Provide and enhance essential infrastructure to ensure that the goals and policies of the Thousand Oaks General Plan are carried out and the City retains its role and reputation as a leader in protecting the environment and preserving limited natural resources.
PREPARED BY: Nader Heydari, Deputy Public Works Director Attachments:
Attachment #1 – Vicinity and Location Map
Attachment #2 – Professional Services Agreement with AEPC Group, LLC 20\nh\ev\Council\2022\10112022\ HCTP Digester Backup Boiler Replacement staff report (CI 5615).docx Item No.7E
Secondary Clarifiers
Digesters
Primary
Clarifiers
Cogeneration Engines
Primary
Clarifiers
Thickening Building
Arroyo Conejo
Wetlands
Solar Panels
Biosolids Drying
(to be abandoned)
Bioreactors
Chlorine Contact Channel
Flow Equalization Basins
Operations Building
Bioreactor Basins
Filters
Dewatering / Generator Building
03 0 0 6 0 0150
Feet
±HILL CANYON
WASTEWATER TREATMENT PLANT
'3:
?QK?HY?&RXQFLO???+&73'LJHVWHU%DFNXS%RLOHU5HSODFHPHQW &,
$WWSGI
PROJECT LOCATION
HILL CANYON TREATMENT PLANT
PROPOSED IMPROVEMENT
Backup Boiler
Replacement
Project
HILL CANYON
TREATMENT PLANT
ATTACHMENT #1
Item No.7E
ATTACHMENT #2
Project Name: HCTP Digester Backup Boiler
Replacement Project (CI 5615)
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF THOUSAND OAKS
AND
AEPC GROUP, LLC
THIS AGREEMENT is made and entered into this 11th day of October, 2022, by and between CITY OF THOUSAND OAKS, a municipal corporation ("City"), and AEPC GROUP ("Consultant").
City and Consultant agree as follows:
1. RETENTION AS CONSULTANT
City hereby retains Consultant, and Consultant hereby accepts such engagement, to perform the services described in Section 2. Consultant warrants it has the qualifications, experience, and facilities to properly and timely perform said services.
2. DESCRIPTION OF SERVICES
The services to be performed by Consultant are as follows:
Professional services in conjunction with the HCTP Digester Backup Boiler Replacement Project (CI 5615) including coordination with staff, review and assessment of the master plan recommendations and staff input, bid phase services, management of deliverable and schedule milestones, coordination of staff review comments on deliverables, preparation of technical reports and other tasks as identified. Services and deliverables shall generally include development of construction ready plans and specifications and are more particularly set forth in the Scope of Work, attached as Exhibit “A”, which is incorporated herein by reference.
3. COMPENSATION AND PAYMENT
(a)Maximum and Rate. The total compensation payable to Consultant by City for the services under this Agreement SHALL NOT EXCEED the sum of $83,460 (herein "not to exceed amount"), and shall be earned as the work progresses on the following basis:
Hourly at the hourly rates and with reimbursement to Consultant for those expenses set forth in Consultant's Schedule of Fees attached as Exhibit "B," which is incorporated herein. The rates and expenses set forth in that exhibit shall be binding upon Consultant until June 30, 2023, after which any change in the rates and expenses must be approved in writing by City's Project Manager (City is to be given 60 days’ notice of any rate increase request), provided the not to exceed amount is the total compensation due Consultant for all work described under this Agreement.
Item No.7E
DPW: 850-20\nh\ev\Council\2022\10112022\CI 5615 Digester Boiler Replacement.docx
2 6
4 6
(b)Payment. Consultant shall provide City with written verification of the actual compensation earned, in a form satisfactory to City's Project Manager. Invoices shall be made no more frequently than on a monthly basis, and describe the work performed (including, if applicable, a list of hours worked by personnel classification). All payments shall be made within 30 days after City’s approval of the invoice. (c)Extra Services. Additional work not reasonably encompassed by the Scope of Services described in Section 2 may be agreed upon only by execution of a written Amendment to this Agreement. No liability or right to compensation for extra services shall exist without such Amendment. Unless otherwise stated in the Amendment, applicable rates for extra services shall be at the rates set forth in Exhibit “B.”
4. CITY PROJECT MANAGER
The services to be performed by Consultant shall be accomplished under the general direction of, and coordinate with, City's "Project Manager", as that staff person is designated by City from time to time, and who presently is Nader Heydari.
5. TERM, PROGRESS AND COMPLETION
The term of this Agreement is from the date first written above to June 30, 2023, unless term of this Agreement is extended or the Agreement is terminated as provided for herein.
City Manager or his or her designee shall have the authority to extend the term of this Agreement in writing no more than 2 separate times, for a period of one year each.
Extensions shall be memorialized by written amendment to the contract.
Consultant shall not commence work on the services to be performed under the Agreement until (i) Consultant furnishes proof of insurance as required by paragraph 9 below, and (ii) City’s Project Manager gives written authorization to proceed with the work.
All services shall be completed within the term of this Agreement.
6. OWNERSHIP OF DOCUMENTS
All drawings, designs, data, photographs, reports and other documentation (other than Consultant's drafts, notes and internal memorandum), including duplication of same prepared by Consultant in the performance of these services, are the property of City.
City shall be entitled to immediate possession of the same upon completion of the work under this Agreement, or at any earlier or later time when requested by City. City agrees to hold Consultant harmless from all damages, claims, expenses, and losses arising out of any reuse of the plans, specifications, graphics, brochures, reports, and other documentation for purposes other than those described in this Agreement, unless written authorization of Consultant is first obtained.
Item No.7E
DPW: 850-20\nh\ev\Council\2022\10112022\CI 5615 Digester Boiler Replacement.docx
2 6
4 6
7. PERSONAL SERVICES/NO ASSIGNMENT/SUBCONTRACTS
This Agreement is for professional services, which are personal to City. Ed Ghalib is deemed to be especially experienced and is a key member of Consultant's firm, and shall be directly involved in performing, supervising or assisting in the performance of this work. This key person shall communicate with, and periodically report to, City on the progress of the work. Should said individual be removed from assisting in this contracted work for any reason, City may terminate this Agreement.
This Agreement is not assignable by Consultant without City's prior written consent.
No part of the work described in this Agreement may be subcontracted out to other parties.
8. HOLD HARMLESS AND INDEMNITY
(a) Hold Harmless for Consultant's Damages. Consultant holds City, its elected officials, officers, agents, employees and volunteers, harmless from all of Consultant's claims, demands, lawsuits, judgments, damages, losses, injuries or liability to Consultant, to Consultant's employees, to Consultant’s contractors or subcontractors, or to the owners of Consultant's firm, which damages, losses, injuries or liability occur during the work or services required under this Agreement, or performance of any activity or work required under this Agreement.
(b) Defense and Indemnity of Third Party Claims/Liability. To the maximum extent allowed by law, Consultant shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability including, but not limited to, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Consultant’s negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in the Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of City.
Should conflict of interest principles preclude a single legal counsel from representing both City and Consultant, or should City otherwise find Consultant’s legal counsel unacceptable, then Consultant shall reimburse City its costs of defense, including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay City any final judgment rendered against City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of Consultant’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
Consultant’s obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, Item No.7E
DPW: 850-20\nh\ev\Council\2022\10112022\CI 5615 Digester Boiler Replacement.docx
2 6
4 6
civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee.
However, without affecting the rights of City under any provision of this Agreement, Consultant shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of the Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of City.
(c) Nonwaiver. City does not waive, nor shall be deemed to have waived, any indemnity, defense or hold harmless rights under this section because of the acceptance by City, or the deposit with City, of any insurance certificates or policies described in Section 9.
9. MINIMUM SCOPE AND LIMIT OF INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide, and maintain at its own expense during the term of this Agreement, and any extension thereof, policies of insurance of the type and amounts described below and in a form that is satisfactory to the City.
Coverage shall be at least as broad as:
(a).Commercial General Liability (CGL): Consultant shall, at Consultant's sole cost and expense and throughout the term of this Agreement, and any extensions thereof, carry General Liability insurance coverage at least as broad as Insurance Services form CG 00 01 in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate for bodily injury, personal and advertising injury and property damage, including without limitation, blanket contractual liability. (b).Automobile Liability: Consultant shall, at Consultant's sole cost and expense and throughout the term of this Agreement, and any extensions thereof, carry Automobile Liability insurance coverage at least as broad as Insurance Services form CA 00 01 or the exact equivalent covering bodily injury and property damage for all activities of Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage of any owned, hired, non-owned, or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (c).Worker’s Compensation: Consultant shall, at Consultant's sole cost and expense and throughout the term of this Agreement, and any extensions thereof, carry workers’ compensation statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident for bodily injury or disease. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers for all work performed by Consultant, its employees, agents and subcontractors.
Item No.7E
DPW: 850-20\nh\ev\Council\2022\10112022\CI 5615 Digester Boiler Replacement.docx
2 6
4 6
(d).Professional Errors and Omissions Insurance: Consultant shall, at Consultant’s sole cost and expense throughout the term of this Agreement, and any extensions thereof, carry professional errors and omissions coverage of no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate, with tail coverage for an extended reporting period of three (3) years.
If Consultant maintains higher limits than the minimum shown above, City requires and shall be entitled to coverage for the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
City, its elected officials, officers, agents, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10 10 01 and CG 20 37 10 01 if a later edition is used). The provision shall also apply to any excess liability policies. In addition, Consultant shall ensure that the automobile liability policy contains a provision covering City as an additional insured, and shall obtain an endorsement to that effect if it does not.
Excess Insurance
The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Umbrella or excess policies shall provide coverage at least as broad as specified for underlying coverages and covering those insured in the underlying policies. Coverage shall be “pay on behalf” with defense costs payable in addition to policy limits. There shall be no cross-liability exclusion of claims or suits by one insured against the other. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and no-contributory basis for the benefit of City as required in written contract or agreement before City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
City’s Rights of Enforcement
In the event any policy of insurance required under this Agreement does not comply with these specifications or is cancelled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant’s payments. In the alternative, City may cancel this Agreement.
Item No.7E
DPW: 850-20\nh\ev\Council\2022\10112022\CI 5615 Digester Boiler Replacement.docx
2 6
4 6
City’s Right to Revise Specifications
City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation.
Primary and Non-Contributory Coverage
For any claims related to this Agreement, Consultant's insurance coverage shall be primary insurance as respects City, its elected officials, officers, agents, employees and volunteers. Any insurance or self-insurance maintained by City, its officers, officials, employees or volunteers shall be excess of Consultant's insurance and shall not contribute with it and shall be at least as broad as CG 20 01 04 13.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to City.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by City. City may require Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with a current A.M. Best’s rating of no less than A:VII, (unless otherwise acceptable to City).
Waiver of Subrogation
All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected officials, officers, agents, employees or volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications - to waive their right of recovery prior to a loss. Consultant hereby waives his own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. Copies of these waivers shall be submitted to City prior to commencement of work.
Item No.7E
DPW: 850-20\nh\ev\Council\2022\10112022\CI 5615 Digester Boiler Replacement.docx
2 6
4 6
Claims Made Policies
If any of the required policies provided coverage on a claims-made basis:
(a). The Retroactive Date must be shown and must be before the date of the Agreement or the beginning of contract work.
(b). Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the work required under this Agreement.
(c). If coverage is canceled or non-renewed, and not replaced with another claims- made policy form with a Retroactive Date prior to the Agreement effective date, Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of Agreement work.
Verification of Coverage
Consultant shall provide City with copies of certificates (on City certificate form or an Accord form as modified per City direction) for all policies, with the appropriate named additional insured coverage and an endorsement that they are not subject to cancellation without 30 days prior written notice to City. All certificates and endorsements are to be received and approved by City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
10. RELATION OF THE PARTIES
The relationship of the parties to this Agreement shall be that of independent contractors and in no event shall Consultant be considered an officer, agent, servant or employee of City. Consultant shall be solely responsible for any workers compensation insurance, withholding taxes, unemployment insurance, and any other employer obligations associated with the described work.
11. CORRECTIONS
In addition to the above indemnification obligations, Consultant shall correct, at its expense, all errors in the work that may be disclosed during City's review of Consultant's report or plans. Should Consultant fail to make such correction in a reasonably timely Item No.7E
DPW: 850-20\nh\ev\Council\2022\10112022\CI 5615 Digester Boiler Replacement.docx
2 6
4 6
manner, such correction shall be made by City, and the cost thereof shall be charged to Consultant or withheld from any funds due to Consultant hereunder.
12. TERMINATION BY CITY
City may, upon 30 calendar days written notice, terminate without cause any portion or all of the services agreed to be performed under this Agreement. If termination is for cause, no advance notice need be given. In the event of termination, Consultant shall have the right and obligation to immediately assemble work in progress for the purpose of closing out the job. All compensation for actual work performed and charges outstanding at the time of termination shall be payable by City to Consultant within 30 days following submission of a final statement by Consultant unless termination is for cause. In such event, Consultant shall be compensated only to the extent required by law.
13. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE
The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished, or relating to Consultant's work or services.
Acceptance of payment shall be any negotiation of City's check or the failure to make a written extra compensation claim within 10 calendar days of the receipt of that check.
However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors, agents and consultants for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors, agents and consultants.
14. AUDIT OF RECORDS
Consultant shall maintain, in accordance with generally accepted accounting principles, complete and accurate records of all activities and operations relating to this Agreement. Records, including but not limited to, timecards, employment records, work progress reports, reimbursements, invoices, project records, proprietary data and information, as well as licensed software and any electronic records shall be kept for a period of four years beyond the termination of this Agreement. Consultant agrees that City, or its authorized representative, shall have the right to examine, audit, excerpt, copy or transcribe any of the records pertaining to this Agreement at any time during normal business hours. Consultant shall reimburse City for all reasonable costs of the audit, including travel time and auditor costs, should such audit reveal an overcharge of five (5) percent or more. Any overcharge will be considered a breach of this Agreement and could be cause for termination. The obligations of this section shall be explicitly included in any subcontracts or other agreements entered into by Consultant with respect to this Agreement.
Item No.7E
DPW: 850-20\nh\ev\Council\2022\10112022\CI 5615 Digester Boiler Replacement.docx
2 6
4 6
15. WAIVER; REMEDIES CUMULATIVE
Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such party's right to demand strict compliance by such other party in the future. No waiver by a party of a default or breach of the other party shall be effective or binding upon such party unless made in writing by such party, and no such waiver shall be implied from any omissions by a party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified. All of the remedies permitted or available to a party under this Agreement, or at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right of remedy.
16. CONFLICT OF INTEREST
Consultant is unaware of any City employee or official that has a financial interest in Consultant's business. During the term of this Agreement and/or as a result of being awarded this Agreement, Consultant shall not offer, encourage or accept any financial interest in Consultant's business by any City employee or official.
17. CONSTRUCTION OF LANGUAGE OF AGREEMENT
The provisions of this Agreement shall be construed as a whole according to its common meaning of purpose of providing a public benefit and not strictly for or against any party. It shall be construed consistent with the provisions hereof, in order to achieve the objectives and purposes of the parties. Wherever required by the context, the singular shall include the plural and vice versa, and the masculine gender shall include the feminine or neutral genders or vice versa.
18. MITIGATION OF DAMAGES
In all situations arising out of this Agreement, the parties shall attempt to avoid and minimize the damages resulting from the conduct of the other party.
19. GOVERNING LAW
This Agreement, and the rights and obligations of the parties, shall be governed and interpreted in accordance with the laws of the State of California. Should litigation occur, venue shall be in Superior Court of Ventura County.
20. TAXPAYER IDENTIFICATION NUMBER
Consultant shall provide City with a complete Request for Taxpayer Identification Number and Certification, Form W-9 (Rev. 12-87), as issued by the Internal Revenue Service.
Item No.7E
DPW: 850-20\nh\ev\Council\2022\10112022\CI 5615 Digester Boiler Replacement.docx
2 6
4 6
21. NON-APPROPRIATION OF FUNDS
Payments due and payable to Consultant for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of City funds. In the event City has not appropriated sufficient funds for payment of Consultant services beyond the current fiscal year, this Agreement shall cover only those costs incurred up to the conclusion of the current fiscal year.
22. MODIFICATION/AMENDMENT OF AGREEMENT
Any amendment, modification, or variation of the terms or tasks of this Agreement shall be in writing and shall be effective only upon the mutual written approval by the City Manager, or his designee, and Consultant.
23. USE OF THE TERM “CITY”
Reference to “City” in this Agreement includes City Manager or any authorized representative acting on behalf of City.
24. PERMITS AND LICENSES
Consultant, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.
25. CAPTIONS
The captions or headings in this Agreement are for convenience only and in no other way define, limit or describe the scope or intent of any provision or section of the Agreement.
26. AUTHORIZATION
Each party has expressly authorized the execution of this Agreement on its behalf and bind said party and its respective administrators, officers, directors, shareholders, divisions, subsidiaries, agents, employees, successors, assigns, principals, partners, joint venturers, insurance carriers and any others who may claim through it to this Agreement.
27. ENTIRE AGREEMENT BETWEEN PARTIES
Except for Consultant's proposals and submitted representations for obtaining this Agreement, this Agreement supersedes any other agreements, either oral or in writing, between the parties hereto with respect to the rendering of services, and contains all of the covenants and agreements between the parties with respect to said services.
Item No.7E
DPW: 850-20\nh\ev\Council\2022\10112022\CI 5615 Digester Boiler Replacement.docx
2 6
4 6
28. PARTIAL INVALIDITY
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
29. NOTICES
Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United States mail, postage prepaid, and addressed as follows:
TO CITY: Nader Heydari, Deputy Public Works Director
City of Thousand Oaks
Public Works Department
2100 Thousand Oaks Boulevard
Thousand Oaks, CA 91362
TO CONSULTANT: Ed Ghalib, Principal-in Charge
AEPC Group
18565 Soledad Canyon Rd. #210
Santa Clarita, CA 91351
30. COUNTERPARTS/FAXED OR SCANNED SIGNATURES
(a)Counterparts. This Agreement may be executed in two or more counterparts, each of which together shall be deemed an original, but all of which together shall constitute one and the same instrument.
(b)Scanned Signatures. In the event that any signature is delivered by facsimile transmission or submitted electronically as a scanned image (i.e. files with .pdf, .tiff or .jpeg extensions), such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or scanned signature page were an original thereof. (c)Digital/Electronic Signatures. This Agreement may be executed through the use of digital or electronic signatures provided they meet the requirements of the Electronic Signatures in Global and National Commerce (ESIGN) Act and the California Item No.7E
DPW: 850-20\nh\ev\Council\2022\10112022\CI 5615 Digester Boiler Replacement.docx
2 6
4 6
Uniform Electronic Transactions Act (UETA) and are produced using a City-approved method. The presence of an electronic signature on this document shall be construed as the parties’ consent to do business electronically.
In concurrence and witness whereof, this Agreement has been executed by the parties effective on the date and year first above written.
AEPC GROUP, LLC
Ed Ghalib, Principal-in-Charge
Guillermo Villavicencio, Vice President
CITY OF THOUSAND OAKS
Bob Engler, Mayor
ATTEST:
Cynthia M. Rodriguez, City Clerk
APPROVED AS TO ADMINISTRATION:
Andrew P. Powers, City Manager
APPROVED BY DEPARTMENT HEAD:
Clifford G. Finley, Public Works Director
APPROVED AS TO FORM:
Office of the City Attorney
Tracy Friedl, Assistant City Attorney
Item No.7E
DPW: 850-20\nh\ev\Council\2022\10112022\CI 5615 Digester Boiler Replacement.docx
2 6
4 6
CI 5615 HCTP Boiler Replacement
EXHIBIT A (Scope of Services)
CONSULTANT shall provide professional engineering services in conjunction with the Hill Canyon Treatment Plant Digester Backup Boiler Replacement Project (CI 5615) and developing construction ready plans and specifications. Work shall also include engineering assistance during bid phases. CONSULTANT’s work shall be coordinated with plant operations.
CONSULTANT shall perform the following Tasks:
TASK A: PROJECT MANAGEMENT:
A-1) Coordinate and arrange all virtual project design meetings and workshops with key stakeholders as required to submit 50%, 75% and 100% design submittals and keep the project on schedule; tasks include:
1) Prepare meeting agenda (two days in advance for City Project Manager review/comments).
2) Prepare meeting notes with documented decisions and action items for City and CONSULTANT; distribute to all attendees within one (1) day for review and concurrence.
A-2) Initial Kick-Off Meeting – To include as a minimum, the project team introduction, formalizing methods of communication, presenting project approach and receiving feedback from city staff, discussing project schedule and milestones, providing a formalized list of requested project information and documents, etc.
A-3) Workshop (estimate 1 workshop) – The initial kick-off-meeting will be held on the same day as the workshop with the City staff members from operations, engineering, and maintenance to present and discuss the recommendations regarding the initial boiler manufacturer selection. It is anticipated this workshop will be a maximum of two (2) hours. CONSULTANT will research to select the best boiler for the City’s needs within the following parameters:
1) Provide a suitable boiler capable of operating outdoors 2) Provide design solution to protect from the wind or elements which has been causing the system to shut down
3) Provide Boiler Pressure Low/High
4) Natural Gas Fuel Used
5) Capacity Input/Output
6) Boiler - Steam/Hot Water
7) Burner and Burner Controls Details
8) Tanks and Capacity
Item No.7E
DPW: 850-20\nh\ev\Council\2022\10112022\CI 5615 Digester Boiler Replacement.docx
2 6
4 6
A-4) Progress Meetings (estimate 4 meetings) – To discuss progress of the work, project challenges, schedule updates, and proposed recommendations.
A-5) Project Management – Management of project team members, coordination with the City Project Manager, submission of project invoices in a format acceptable to the City.
TASK B: SITE VISITS AND REVIEW OF DOCUMENTS
B-1) Site Visits – Visit the site as many times as necessary to assess the overall condition of the existing digester boiler facilities and assess the project constraints of the proposed boiler facility location (existing footprint).
B-2) Research and review the City provided record drawings for the existing boiler facility as well as lessons learned from the prior installation, given the current challenges the City faces with the existing system which include but are not limited to the following:
1) Gas inlet pressure to boiler from digesters is low
2) Limited boiler run time with months of downtime
3) Pressure boosters PSI not sized correctly
4) Burners seldomly serviced or replaced
5) System shutting down caused by the wind
B-3) Meet with selected Wastewater Treatment Staff to obtain information on issues or concerns they have observed could assist in the design process.
B-4) Develop comprehensive list of additional information in order to complete requested design documents. As interviews with key staff and progress meetings unfold, however, it is expected other key data / information will be required.
TASK C: CONTRACT DOCUMENT PREPARATION
C-1) Pressure Boosting Assessment – CONSULTANT will conduct a review of existing digester discharge pressure and provide required gas compressor booster to achieve required boiler minimum inlet gas pressure.
C-2) 50% Submittal – CONSULTANT shall complete the following tasks associated with delivering the 50% Design Package.
1) Select and provide a temporary boiler if required to be used while installed boiler is demolished and the new installed.
2) Submit one (1) electronic deliverable (.pdf and MS Word for Specifications) to the City Project Manager for review. 3) Meet with City staff to review the comments on the deliverable package at the 50% stage.
Item No.7E
DPW: 850-20\nh\ev\Council\2022\10112022\CI 5615 Digester Boiler Replacement.docx
2 6
4 6
4) Coordinate and conduct project design meetings as required to complete the 50% design submittal; including meeting agendas and notes/actions distributed to attendees.
C-3) 75% Submittal Package – CONSULTANT shall complete the following tasks /deliverables associated with delivering the 75% Design Package for the Boiler Replacement Project.
1) Provide one (1) electronic deliverable (.pdf and MS Word for Specifications) to the City Project Manager for review. 2) Meet with City staff to review the comments on the deliverable package at the 75% stage.
3) Coordinate and conduct Project design meetings as required to complete the 75% design submittal; including meeting agendas and notes/actions distributed to attendees.
C-4) Prepare Issued For Bid Deliverable for the digester boiler replacement including the following:
1) Special and Technical Provisions for the digester boiler replacement as well as Bid Schedule (one electronic copy – MS Word and .pdf version).
City will prepare the remainder of the front-end documents. Consultant will be provided with the City 01 00 00 Series specifications to be customized for the project.
2) Design Plan set in .pdf format.
3) Opinion of Probable Construction Cost (OPCC) for the Project.
C-5) Bid Phase Support
1) Attend pre-bid meeting.
2) Respond to up to 10 Requests for Information (RFIs). 3) Provide addenda as necessary (up to 3).
Item No.7E
DPW: 850-20\nh\ev\Council\2022\10112022\CI 5615 Digester Boiler Replacement.docx
2 6
4 6
EXHIBIT B
(Labor Rate Sheet)
Item No.7E
TO:Andrew P. Powers, City Manager
FROM:Kelvin Parker, Community Development Director
DATE:October 11, 2022
SUBJECT: Municipal Code Amendment Implementing Senate Bill No. 9 (MCA 2022-70465)
RECOMMENDATION:
1. Find that Municipal Code Amendment implementing Senate Bill No. 9 (SB 9) is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to California Government Code Sections 65852.21(j) and 66411.7(n).
2. Read ordinance in title only, further reading be waived, and if no objection introduce ordinance to adopt amendments to Thousand Oaks Municipal Code Title 9, Chapters 3 and 4, including the addition of a ministerial process for the approval of urban lot splits and two-unit housing developments, as required by 2021 Senate Bill No. 9.
FINANCIAL IMPACT:
No Additional Funding Requested. Minimal staff time required to prepare the report is included in the Adopted FY 2022-23 General Fund Budget.
BACKGROUND:
Summary of State Law
SB 9 (Atkins), also known as The California Housing Opportunity and More Efficiency Act, was part of the state Senate’s “Building Opportunities for All” housing package created to address the severe housing shortage in California. SB 9 was signed by Governor Newsom on September 16, 2021, and chaptered by the Secretary of State.
SB 9 applies to all single-family residential zoned properties within an urbanized area with several key exceptions. This law went into effect on January 1, 2022, and requires ministerial approval of the following project types:
Item No.8A
MCA Implementing SB9 (MCA 2022-70465)
October 11, 2022
3 8
8 •Urban Lot Split – A one-time subdivision of an existing single-family residential parcel into two parcels of roughly equal size. •Two-Unit Housing Development – Two homes on an eligible single-family residential parcel, not including permissible accessory dwelling units (ADUs).
Projects processed pursuant to SB 9 allow for a total of up to four residential units within the original property boundary of an eligible single-family residential parcel.
Various potential unit/lot mix scenarios are described in the staff report to the Planning Commission (Attachment #1.
The law also outlines how jurisdictions may regulate SB 9 projects through objective zoning, subdivision, and design standards, as long as such standards do not preclude the construction of up to two non-ADU dwelling units of at least 800 square feet each per eligible lot.
On May 24, 2022, City Council initiated Municipal Code Amendment (MCA) 2022- 70465, declaring the intention to consider an amendment to the Thousand Oaks Municipal Code (TOMC) implementing SB 9, including the creation of Urban Lot Splits and multiple residential units per lot, and referred it to the Planning Commission for public hearing and a recommendation (Attachment #2).
Since the law went into effect on January 1, 2022, there have been approximately 30 inquiries into the City’s SB 9 implementation and application process. As of the date of publication, there have only been three attempts to submit applications, with only one complete application received.
Purpose
The draft ordinance presented with this report integrates the state requirements into the TOMC providing applicants and the City staff with the criteria to process and evaluate ministerial lot splits and two-unit housing development. Establishing clear, objective requirements and standards benefits both the City and the applicant with certainty and greater efficiency through the entitlement process.
Although the state mandated certain specific elements of the ordinance, it is drafted to preserve as much local control as possible.
The objective standards contained within the draft ordinance, such as front yard setbacks, usable open space, height, and grading limitations, were drafted to be consistent with existing regulation of single-family development. Doing so maintains a similar maximum floor area potential and general developable envelope to what is presently allowed in the City’s single-family zones. The ordinance was drafted in this way to meet the requirements of the Housing Crisis Act, which states that the City may not restrict development to less than minimum Item No.8A
MCA Implementing SB9 (MCA 2022-70465)
October 11, 2022
3 8
8 allowed or reduce intensity of use normally allowed.
As the state law and actual development take place, future updates to the zoning regulations and evaluation of additional objective standards may occur to refine the standards specifically applicable to these projects.
Planning Commission Review
On September 26, 2022, the Planning Commission voted unanimously to approve a motion to recommend the City Council adopt the proposed ordinance, with staff recommended minor text adjustments.
At the Planning Commission meeting, consistent comments made by the commissioners were to recommend adoption of the ordinance in order to retain as much local control as the possible while recognizing that state law does not allow full control. Comments were also made indicating respect for the general intention of the state law, which is to address the ongoing housing crisis, however, the barriers to actually complete a project allowed per SB 9 are high and the state law does not include any provisions which require or particularly promote affordability.
Two pieces of email correspondence were received prior to the public hearing (Attachment #1). One which asked clarifying questions regarding the ordinance which led to the two minor changes requested by staff, and one expressing frustration with a neighbor and tighter restrictions on SB 9 development. Public comments made by the three public speakers at the meeting were in support of adopting regulations implementing SB 9 with a desire to incorporate incentives to develop housing which is affordable and development that retains existing neighborhood development patterns, such as the conversion of existing housing.
DISCUSSION/ANALYSIS:
This discussion provides a broad overview of the components of the new regulations and other accompanying Municipal Code Amendments. Focused and detailed discussion on Municipal Code Amendment features is contained in the staff report to the Planning Commission (Attachment #1).
Absent an ordinance further regulating SB 9 projects, proposals for Urban Lot Splits and Two-Unit Housing Developments are only subject to the minimum standards outlined in SB 9 and the few existing objective standards within the TOMC which are applicable (such as front yard setbacks). As such, without the implementation of local regulations specific to the type of development and subdivisions mandated by SB 9, the City is compelled to accept and approve requests to allow two single-family dwellings and/or allow subdivision of an existing property in a single-family residential zone under current regulations, without any Item No.8A
MCA Implementing SB9 (MCA 2022-70465)
October 11, 2022
3 8
8 local objective standards tailored to this type of development.
Adoption of an ordinance implementing SB 9 would provide clarity on the local permitting process, take advantage of the flexibility permitted under the law, and harmonize the requirements of SB 9 with community standards and existing development. Specifically, the City finds that it is necessary to provide objective standards for elements including parking, setbacks, maximum building heights, and others related to ministerial residential developments resulting from the implementation of SB 9.
Furthermore, certain regulations, such as allowing increased height with greater setbacks, can be used to incentivize more desirable types or forms of development. For example, the proposed ordinance is drafted to incentivize greater side and rear yard areas than the state-mandated minimum by allowing increased height if those setbacks are also significantly increased.
Project Summary
The proposed objective design standards for Urban Lot Splits and Two-Unit Housing Development contain the following three main topic areas to provide direction and tools for processing and evaluating Urban Lot Split and Two-Unit Housing applications. The full description of staff’s evaluation and components of the Municipal Code Amendment are contained with the Planning Commission staff report (Attachment #1). The full ordinance and Municipal Code language is contained in Attachment #3 and the following provides a synopsis of the ordinance’s main points.
1. Applicability
As directed by SB 9, the proposed ordinance applies to all single-family residential zones in the City. These are zones in which residential uses are limited to one single-family dwelling per lot and uses typically associated with single-family zones are permitted, and no multiple family uses, or other commercial uses are allowed.
In Thousand Oaks, this includes the R-1, R-A, R-E, R-O Residential Districts; and those Hillside Planned Development (HPD) and Residential Planned Development (RPD) zones in which the predominate existing development is single-family residential.
However, SB 9 specifically prohibits urban lot splits and two-unit projects in historic areas or environmentally sensitive areas. In addition, SB 9 projects may not take place within hazardous areas such as a Federal Emergency Management Agency (FEMA)-designated flood zone, California Department of Toxic Substances Control (DTSC)-designated hazardous waste site, Alquist Priolo earthquake fault zone, or Very High Fire Hazard Severity Zone, without complying with the Item No.8A
MCA Implementing SB9 (MCA 2022-70465)
October 11, 2022
3 8
8 additional building safety and site design requirements normally applied by the City within those zones.
In addition, an applicant may not propose a project which requires the demolition or alteration of housing that:
•is rent-controlled;
•is subject to affordable housing restrictions;
•was removed from the rental market via the Ellis Act in the past 15 years; or
•has been occupied by a tenant in the last 3 years.
There are additional eligibility requirements for Urban Lot Split projects including:
•One use – Only one lot split is allowed per lot under SB 9. However, further splits may be possible under regular subdivision procedures if the lot size and dimensions allow.
•Limits on adjacent Urban Lot Splits – SB 9 prohibits lot splits where the owner or any person “acting in concert” with the owner has previously subdivided an adjacent parcel using an Urban Lot Split. “Acting in Concert” has been defined within the draft ordinance.
2. Application and Process:
Compliance with the eligibility requirements, both general and lot split only, will generally be determined through application requirements (such as a written statement affirming that there is no habitat for protected species within the vicinity of the project property prepared by a qualified biologist), project review (such as review of City and other agency GIS platforms), and a deed restriction to be recorded prior to occupancy, which includes a statement by the owner, that their property is compliant with the eligibility restrictions.
If a property and project are found to be eligible, applications for both Two-Unit Housing Development and Urban Lot Split applications will need to be submitted and reviewed under a ministerial process determined by state and local regulation.
Ministerial approvals may not include subjective or other discretionary approval processes, such as public hearings, and therefore typically do not include any public noticing requirements. However, as SB 9 does not explicitly remove a Homeowners Association’s (HOA’s) authority to prohibit this type of development, the draft ordinance requires that the owner provide proof that they have notified the HOA of their proposal, if applicable.
In addition to proof of eligibility and project details, applicant must also record an affidavit stating they intend to occupy one of the units for a minimum of three years from the date of approval pursuant to the requirements of SB 9. In order to meet Item No.8A
MCA Implementing SB9 (MCA 2022-70465)
October 11, 2022
3 8
8 that requirement, a habitable dwelling unit must exist on the property by the time the new parcel map is approved. To ensure a residence exists at the time of parcel map approval and to encourage projects to meet the intent of the law to increase the supply of housing, the draft ordinance requires that an Urban Lot Split lot application not be accepted, except in conjunction with a concurrently submitted application for residential development, unless a Two-Unit Housing Development project has been approved on the subject property already. The applications will be reviewed simultaneously, and approval of the new parcel map will be held until the building permit(s) for the new housing units is issued.
All applications submitted will be reviewed by City Departments (e.g., Community Development, Public Works, etc.) and outside agencies (e.g., Ventura County Fire Department) to ensure compliance with applicable objective municipal code standards and technical codes (i.e., Building Code & Fire Code). SB 9 does not exempt SB 9 units from any applicable City fees such as traffic and Quimby impact fees, utility connection fees, and school fees.
3. Development Regulations
Jurisdictions may only apply objective zoning, subdivision, and design standards to SB 9-related projects, and these standards may not preclude the construction of up to two units of at least 800 square feet each. This law is similar to recent state ADU legislation in that it allows jurisdictions to apply local standards as long as they do not prevent a minimum level of development.
The state standards included in SB 9 include:
•Required Yards–Jurisdictions may not impose residential setbacks greater than 4 feet for side and rear property lines. The City may specify front yard standards. Staff has recommended that front yards on properties which front a street be dictated by the subject site’s existing zoning designation. •Rebuild demolished building with same setback–Similar to existing ADU regulation, jurisdictions may not impose any setback requirements for a unit constructed (1) within an existing living area, or (2) in the same location and to the same dimensions as an existing structure. Note that, if a dwelling unit on the site has been occupied by a rental tenant in the past three years, no demolition of that unit which has been rented is allowed. If there are other units which were not rented on the same site, demolition of up to twenty- five (25%) percent of the existing exterior walls of the non-rental unit(s), is allowed per SB 9 (unless a City allows more via local ordinance). If no dwelling unit on the site has been rented in the last three years demolition of the entire structure or any portion thereof, is allowed.
Item No.8A
MCA Implementing SB9 (MCA 2022-70465)
October 11, 2022
3 8
8 •Zero or one parking space–Jurisdictions may not require more than one parking space per unit. Staff has recommended requiring that space be enclosed, as described below. The law also states that, for properties within one-half mile walking distance of either a high-quality transit corridor or a major transit stop, or within one block of a car share vehicle, no parking spaces may be required. None of these exceptions currently apply within the City.
•Attached buildings allowed–Jurisdictions may not reject an application because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance.
•Short term rentals–As with existing City and state regulations for ADUs and Junior ADUs, SB 9 prohibits rental tenancies of less than 31 days in SB 9 units, or on lots subdivided through an SB 9 Urban Lot Split. The proposed ordinance requires a restriction on short term rentals be included in the “Affidavit of Compliance”, which is a deed restriction recorded against the property prior to the issuance of a Final Building Inspection Approval, Temporary Certificate of Occupancy, or Certificate of Occupancy.
The following additional limitations apply to all Urban Lot Split projects under SB 9:
•Residential only–The primary uses on the resulting lots are limited to residential uses.
•Intention to occupy–The subdivider must sign an affidavit stating they intend to occupy one of the units for a minimum of three years from the date of approval. The local jurisdiction cannot impose additional owner occupancy standards for urban lot splits. Community land trusts and qualified nonprofits are exempted from this requirement. The draft ordinance includes a similar requirement for developers of Two-Unit Housing units, as the state law is silent on whether or not local jurisdictions can require owner-occupancy for Two-Unit Housing Development.
•No correction of non-conforming conditions–Jurisdictions may not require correction of an existing legal non-conforming condition as a condition for ministerial approval. The draft ordinance includes language clarifying that proposed projects may not exacerbate an existing legal non-conformity.
Any non-conforming structures or conditions, which were developed without the benefit of permits, may be required to be resolved. •Dedications/Improvements–Jurisdictions may not require dedications of rights-of-way or the construction of offsite improvements.
Item No.8A
MCA Implementing SB9 (MCA 2022-70465)
October 11, 2022
3 8
8 •Easements–Jurisdictions may require easements required for the provision of public services and facilities and may require that parcels have access to, provide access to, or adjoin the public right-of-way. •Minimum size–No parcel shall be less than 1,200 square feet. Jurisdictions may, by ordinance, adopt a smaller minimum lot size subject to ministerial approval.
•Approximately equal size–Each new parcel must be "approximately equal" in lot area provided that one parcel shall not be smaller than 40 percent the size of the original parcel
The City’s subdivision and zoning ordinances currently contain several objective standards that would also continue to apply to SB 9 projects. The draft ordinance clarifies which of those standards apply to Urban Lot Splits and Two-Unit Development and proposes objective subdivision, zoning, and design standards tailored specifically for this type of small-scale, infill development. These standards are described in detail within the Planning Commission staff report (Attachment #1).
• Number of Units–No more than four units on a single undivided lot, or two per lot which is split, inclusive of accessory or junior accessory dwelling units.
• Maximum Unit Size–To be controlled by other objective standards such as minimum proportion of usable open space, setbacks, grading limitations, and others.
• Flag lots–Flag lots are prohibited. Access to landlocked parcels must be provided via an access easement including the driveway of the street facing parcel to reduce the introduction of new curb cuts, and therefore the reduction of on-street parking.
• Required Yards–Front yard setbacks are determined by the existing standards of the underlying zone, unless the parcel is landlocked, in which case all setbacks are four feet. Additional height is permitted when side yard setbacks are at least fifteen (15’) feet and the rear yard is twenty (20’) feet. • Usable Open Space–A minimum of fifteen percent (15%) of usable open space, as defined in the ordinance, is required per lot. • Height–Dwelling unit structures may not exceed twenty-five (25’), or thirty- five (35’) feet if the additional yard setbacks are provided. • Parking–One enclosed space per unit is required.
• Architectural Design–Units created from converting existing garages must meet minimum facade requirements, windows and doors within ten (10’) Item No.8A
MCA Implementing SB9 (MCA 2022-70465)
October 11, 2022
3 8
8 feet of an adjacent residence must be installed with privacy glass, and 160 square feet of designated storage space is required per unit. • Hillside and Ridgeline Performance Standards–Existing objective standards such as grading limitations, building envelop restrictions, and setback requirements are incorporated within the proposed new regulations. • Grading on Steep Slopes–Grading on natural slopes with a grade of twenty- five percent or steeper is prohibited.
• Tree Preservation–Protected trees may not be removed to facilitate the development of new dwelling units unless required to allow the minimum two units of 800 square feet each. If protected trees are removed, they must be replaced per the direction of the draft ordinance.
There are no mechanisms to waive any of the objective standards or request discretionary review.
Changes Since Planning Commission Hearing
Since the Planning Commission meeting, staff has not received additional comments which require changes to the proposed ordinance.
Community Outreach
Notification for this public hearing, and the Planning Commission hearing, was conducted in compliance with the Thousand Oaks Municipal Code.
COUNCIL GOAL COMPLIANCE:
Meets the following City Council goals:
B. Provide municipal government leadership which is open and responsive to residents, and is characterized by ethical behavior, stability, promoting public trust, transparency, confidence in the future, and cooperative interaction among civic leaders, residents, business representatives, and staff, while recognizing and respecting legitimate differences of opinion on critical issues facing the City.
C. Operate City government in a fiscally and managerially responsible and prudent manner to ensure that the City of Thousand Oaks remains one of California's most desirable places to live, work, visit, recreate, and raise a family.
Item No.8A
MCA Implementing SB9 (MCA 2022-70465)
October 11, 2022
3 8
8 F. Provide and enhance essential infrastructure to ensure that the goals and policies of the Thousand Oaks General Plan are carried out and the City retains its role and reputation as a leader in protecting the environment and preserving limited natural resources.
PREPARED BY: Justine Kendall, Associate Planner
Attachments:
Attachment #1 – City Council Resolution No. 2022-024 initiating Municipal Code Amendment
Attachment #2 – Ordinance Amending Municipal Code
Attachment #3 – PC Staff Report (with Attachment #s 1 and 2, and Supplemental Packet)
cdd:660-21/jk/H:\COMMON\Planning\_Electronic Project Plans\2022\2022-70465 - SB9\Final Documents Item No.8A
DocuSign Envelope ID: A8F5F1 3D- D70E- 4821 - A5C7- 9A62D5C72BA5 RESOLUTION NO. 2022- 024
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF THOUSAND OAKS DECLARING
INTENTION TO CONSIDER AN AMENDMENT TO
THE THOUSAND OAKS MUNICIPAL CODE TO
IMPLEMENT 2021 SENATE BILL NO. 9 ( SB 9),
INCLUDING THE CREATION OF URBAN LOT
SPLITS AND MULTIPLE RESIDENTIAL UNITS PER
LOT ( MCA 2022- 70465)
WHEREAS, it is the intention of the Thousand Oaks City Council to consider an amendment to the Municipal Code ( Title 9) to implement 2021 Senate Bill No. 9 ( SB 9), including the creation of urban lot splits and multiple residential units per lot.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Thousand Oaks, that this matter is hereby referred to the Planning Commission for public hearing and recommendation back to the City Council pursuant to Article 29 of Chapter 4 of Title 9 of the Thousand Oaks Municipal Code as well as California Government Code sections 65353 and 65354.
PASSED AND ADOPTED this 24t" day of May, 2022, by the following vote:
Ayes: Councilmembers Bill - de la Pena, Adam, McNamee, Jones, and Mayor Engler
Noes: None DocuSigned by:
Absent: None
EE) ?-__ RSFR' IRnFdFRQdFF
Bob Engler, Mayor
City of Thousand Oaks, California
ATTEST/ CERTIFY:
DocuSigned by:
1 RF 1 dR. riQddfldF7
Cynthia M. Rodriguez, City Clerk
5/ 27/ 2022
Date Attested:
APPROVED AS TO FORM:
Office of the City Attorney
DocuSigned by:
Tracy M. Noonan, City Attorney
CDD: 660- 21:/ Resolution- Council/ pz ( FILE ID:MCA 2022- 70465)
RES. NO. 2022- 024
ATTACHMENT #1
Item No.8A
DocuSign Envelope ID: A8F5F1 3D- D70E- 4821 - A5C7- 9A62D5C72BA5 APPROVED AS TO ADMINISTRATION:
DocuSigned by:
Andrew P. Powers, City Manager
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the City of Thousand Oaks City Council on the date cited above.
CDD: 660- 21:/ Resolution- Council/ pz ( FILE ID:MCA 2022- 70465)
RES. NO. 2022- 024
Item No.8A
cdd:660-21/Ord-City Council/pz (FILE ID: MCA 2022-70465)
2 6
5 4
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF THOUSAND OAKS AMENDING THE
THOUSAND OAKS MUNICIPAL CODE BY ADDING
ARTICLE 37 TO TITLE 9, CHAPTER 4; MODIFYING
SECTIONS 9-4.202 AND 9-4.2202; AND ADDING
SECTION 9-3.305 TO TITLE 9, CHAPTER 3,
ARTICLE 3 TO UPDATE THE CITY’S ZONING
REGULATIONS TO IMPLEMENT 2021 SENATE BILL
NO. 9 (SB 9), INCLUDING THE ADDITION OF A
MINISTERIAL PROCESS FOR THE APPROVAL OF
URBAN LOT SPLITS AND TWO-UNIT HOUSING
DEVELOPMENTS (MCA-2022-70465)
The City Council of the City of Thousand Oaks does hereby ordain as follows:
Part 1
Section 9-3.305 of the Thousand Oaks Municipal Code is added to read as follows:
Sec. 9-3.305. Urban Lot Splits.
The City shall ministerially process an application for an Urban Lot Split pursuant to Title 9, Chapter 4, Article 37 - Urban Lot Splits and Two-Unit Housing Developments.
Part 2
The definition of “Dwelling Unit” within Section 9-4.202-Definitions, of the Thousand Oaks Municipal Code is amended to read as follows:
“Dwelling unit” shall mean a building or rooms inside a building that are used as a domicile by one family, and contain common interior access and permanent living, sleeping, eating, cooking and sanitation facilities which is fixed on a permanent foundation.
ATTACHMENT #2
Item No.8A
cdd:660-21/Ord-City Council/pz (FILE ID: MCA 2022-70465)
2 6
5 4
Part 3
The following definitions are added to Section 9-4.202-Definitions of the Thousand Oaks Municipal Code:
“Non-conforming condition” means a feature or site condition which was lawfully erected or altered and maintained but which, because of the application of the provisions of this chapter to it, no longer conforms to the regulations of the zone in which it is located.
“Car share vehicle station” means as a site or a portion of a site used for the purpose of storing motor vehicles, where the vehicle is operated as part of a regional fleet by a public or private car-sharing company or organization and provides hourly or daily service rental service to the general public. A car share vehicle does not include vehicles used as part of ride-hailing companies or taxicabs.
Part 4
Section 9-4.2202(a) of the Thousand Oaks Municipal Code is amended to read as follows:
(a) The Objective Design Standards (Objective Standards) apply to all residential and mixed-use development, which include the new construction of two (2) or more residential units. The Objective Standards were created in response to legislative provisions such as the Housing Accountability Act, that limit local jurisdictions’ ability to deny or reduce density of housing projects that are consistent with “objective standards” and multi-family residential projects meeting affordability and other criteria can only be subject to “objective” planning standards to be approved through a ministerial process. These standards also apply to redevelopment that creates two (2) or more new residential units, including but not limited to adaptive reuse of existing buildings. In addition, these standards apply to groups of two (2) or more attached townhomes (row houses), regardless of whether multiple townhomes occupy the same lot, or each townhome is located on a separate lot.
The Objective Standards do not apply to residential development approved pursuant to Article 37 (Urban Lot Splits and Two-Unit Housing Developments) and Section 9-4.2521 (Accessory Dwelling Units).
Item No.8A
cdd:660-21/Ord-City Council/pz (FILE ID: MCA 2022-70465)
2 6
5 4
Part 5
Article 37 (Reserved.) of the Thousand Oaks Municipal Code is added to read as follows:
Article 37 Urban Lot Splits and Two-Unit Housing Developments Sec. 9-4.3701 Intent and Purpose
The intent and purpose of this Article is to provide procedural requirements and objective development standards for Urban Lot Splits and Two-Unit Housing Developments as required by State law.
Sec. 9-4.3702 Applicability
Pursuant to California Government Code Sections 66452.6, 65852.21 and 66411.7, the division of land by Urban Lot Split and provisions for Two-Unit Housing Development shall be subject to the standards set forth in this Article.
If a conflict occurs between this Article and other provisions of the City of Thousand Oaks Municipal Code Title 9, Chapter 4, the standards within this Article will supersede the standards provided in other Articles of this Chapter.
Terms defined within this Article govern the application of these standards and the underlying zoning requirements for qualifying projects. Terms used in this Article have the same meaning as those terms which are used in Title 9-Planning and Zoning, Chapter 4-Zoning, except for those terms specifically defined within this Article.
Sec. 9-4.3703 Definition of Terms
The following definitions apply to terms used in this Article. “Acting in Concert” shall mean taking action in agreement or partnership with another person or entity and shall include, but not be limited to, where the owner of a property proposed for an Urban Lot Split is the same, related to, or connected by partnership to the owner, buyer, or seller (if transferred within the previous three (3) years) of an adjacent lot. “Demolition” means the deliberate removal, removal and replacement, relocation, or destruction of the frame, including window and door headers, or foundation of any portion of a building or structure.
Item No.8A
cdd:660-21/Ord-City Council/pz (FILE ID: MCA 2022-70465)
2 6
5 4
“Flag Lot” shall mean a lot which has at least six (6) courses or sides, at least three (3) of which form a staff which abuts a public or private access way and provides access to the rest of the lot.
“Protected Tree” shall mean an oak tree, as defined by Sec. 9-4.4202 and a landmark tree, as defined by Sec. 9-4.4302.
“Two-Unit Housing Development” shall mean a housing development consisting of no more than two dwelling units which are developed using the provisions of this Article or the provisions set forth in California Government Code Sections 65852.21 and/or 66411.7. The two units may consist of two new units or one new unit and one existing unit. “Unit” shall mean any single dwelling unit, including but not limited to a primary dwelling unit, an accessory dwelling unit (ADU), a junior dwelling unit (JADU), or any unit created pursuant to this Article. “Urban Lot Split” means a lot split of an existing, legally created single-family residential lot into two lots that meets the requirements of this Article. “Usable Open Space” shall mean outdoor or unenclosed area on the ground, or on a roof, balcony, deck, porch or terrace designed and accessible for outdoor living and recreation, but excluding parking facilities, driveways, sidewalks, pedestrian paths, utility or service areas, required front or street side yards, any landscaped area not usable for outdoor living or recreation, or areas with slopes greater than five percent (5%).
Sec. 9-4.3704 Eligibility
The city shall ministerially process an application for an Urban Lot Split or Two-Unit Housing Development if all of the following qualifications are met:
(a) Applicable Zone: The property is located within one of the following single- family residential zones: R-1, R-A, R-E, R-O, or those HPD and RPD zones in which the predominate existing development is single-family residential. (b) Affordable Housing or Rental Property Protection. Neither the Urban Lot Split nor any associated housing development shall require demolition or alteration of any of the following:
(1) Affordable Units. Housing that is subject to a recorded covenant, ordinance or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
(2) Ellis Act Units. The parcel subject to the proposed project is not a parcel on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent Item No.8A
cdd:660-21/Ord-City Council/pz (FILE ID: MCA 2022-70465)
2 6
5 4
or lease within 15 years before the date that the development proponent submits an application.
(3) Rent Controlled Units. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power. (4) Rental Units. Housing that has been occupied by a tenant in the last three (3) years.
(c) Demolition of Existing Housing. No more than twenty-five percent (25%) of the existing exterior structural walls of the dwelling unit may be demolished, unless the site has not been occupied by tenants within the last three (3) years.
(d) Restricted Land. The property shall not be located, in full or in part, in any of the following areas and shall not fall within any of the following categories:
(1) Historic. An historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance, respectively.
(2) Farmland. Prime farmland or farmland of statewide importance as further defined in Government Code Section 65913.4(a)(6)(B). (3) Wetlands. Wetlands as defined in the Unites States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
(4) Fire Zone. A very high fire hazard severity zone as further defined in Government Code Section 65913.4(a)(6)(D). This shall not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.
(5) Hazardous Waste Site. A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.
(6) Flood Zone. A special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency (FEMA) in any official maps published by FEMA. If an applicant is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this Section, the city shall not deny the application on the basis that the applicant did not comply with any additional permit requirement, Item No.8A
cdd:660-21/Ord-City Council/pz (FILE ID: MCA 2022-70465)
2 6
5 4
standard, or action adopted by the city that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following are met:
(i) The site has been subject to a Letter of Map Revision prepared by FEMA and issued to the city; or
(ii) The site meets FEMA requirements necessary to meet minimum flood plain management criteria of the Nation Flood Insurance Program as further spelled out in Government Code Section 65913.4(a)(6)(G)(ii).
(7) Earthquake Fault Zone. A delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Buildings Standards Commission under the California Building Standards Law and by the city’s Building Division.
(8) Floodway. A regulatory floodway as determined by FEMA in any of its official maps, published by FEMA unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If an applicant is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this Section, the city shall not deny the application on the basis that the applicant did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable to that site.
(9) Planned for Habitat Conservation. Lands identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan as further spelled out in Government Code Section 65913.4(a)(6)(I). (10) Habitat for Protected Species. Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act [Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code], or the Native Plant Protection Act [Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code]. (11) Conservation Easement. Lands under a conservation easement.
Item No.8A
cdd:660-21/Ord-City Council/pz (FILE ID: MCA 2022-70465)
2 6
5 4
Sec. 9-4.3705 Urban Lot Split - Planning Permit and Application Requirements
An application for development of an Urban Lot Split created pursuant to this Article will be reviewed ministerially, without discretionary review or a hearing, if it meets all the requirements set forth in this Section and those set forth under Government Code Section 65852.21. If any portion of this Section conflicts with Government Code Section 65852.21, then Government Code Section 65852.21 will govern.
Notwithstanding anything to the contrary set forth in this code, the Community Development Director or designee’s action to grant or deny a parcel map application for an Urban Lot Split is final and not subject to appeal.
The Community Development Director is authorized to develop the forms and procedures for such applications pursuant to the following requirements:
(a) Concurrent Submittal. An Urban Lot Split lot application may not be accepted except in conjunction with a concurrently submitted application for residential development on the newly created parcel (if the property has an existing residence) or on both parcels (if the property is vacant) unless a Two-Unit Housing Development project has already been approved on the subject property.
(b) Application. The applicant must submit an application for a tentative parcel map in compliance with Title 9, Chapter 3, Article 5. An application for an Urban Lot Split must be submitted on the City’s approved form. Only a complete application will be considered. The City will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.
(c) Expiration of Approval. An Urban Lot Split approved pursuant to this Section that is not recorded within two (2) years of the date of approval shall expire and become void, except where an extension of time application is submitted by the property owner and approved by the Community Development Director or designee. A maximum extension of one (1) year may be approved by the Community Development Director or designee. (d) Public Works Impact & Connection Fees (e.g.: Traffic, Water, Wastewater, Map, Encroachment, Improvements, etc). The newly subdivided lots are separate parcels and therefore shall pay all applicable fees for impacts and connections, as is required with every other residential unit/home. (e) Required Documentation. In addition to the materials determined necessary to complete a full review of the application by the Community Development Director or designee, the application must include the following:
(1) Indemnification. The individual property owner must agree, as part of the application, to hold the city harmless from all claims and damages Item No.8A
cdd:660-21/Ord-City Council/pz (FILE ID: MCA 2022-70465)
2 6
5 4
related to the approval of a subdivision under this Title and its subject matter and reimburse the City for all costs of enforcement, including attorneys’ fees and costs associated with enforcing the requirements of this Title.
(2) Legal lot. Applicant must submit verification that existing property is a legal lot at time of filing application.
(3) Homeowners’ Association Notification. If the lot is within the boundaries of a homeowners’ association, the applicant must provide evidence that the homeowners’ association has been notified of the proposed project.
(4) Protected Tree Report. If there are no protected trees within the vicinity of the project property, a memorandum stating such shall be prepared by a landscape architect or certified arborist and provided at the time of submittal. If there are protected trees on or within the vicinity of the project property a site plan and memorandum prepared by a certified arborist must be provided at the time of submittal. (i) The site plan shall include the location of all protected trees on or within 15 feet of the property including the common name, size, and an indication as to the protected tree(s) retention or removal, the location of all existing and proposed structures and/or other improvements, distances of structures/improvements to the protected zone of any protected tree (as defined by Sec. 9-
4.4202“Landmark Tree Preservation and Protection Definitions” and 9-4.4302 “Oak Tree Preservation and Protection
Definitions”).
(ii) The memo must include a project description, table of any trees proposed to be encroached upon or removed, as well as any measures recommended by the arborist for the preservation of as many trees as possible. If replacement trees are required for pursuant to Sec. 9-4.3708(h), a planting plan must also be included in the site plan.
(5) Biologist Statement of No Protected Habitat. A written statement affirming that there is no habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act [Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code], or the Native Plant Protection Act [Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code] within the vicinity of the project property shall be prepared by a qualified biologist, or resource expert and provided at the time of submittal. If the presence of any species or habitat for protected species described above is detected on site, Item No.8A
cdd:660-21/Ord-City Council/pz (FILE ID: MCA 2022-70465)
2 6
5 4
the property is not eligible for an Urban Lot Split, pursuant to Sec. 9-
4.3704(d)(10).
(f) Affidavit of Compliance. The owner of a lot approved to be split as specified herein shall sign an affidavit in a form approved by the City Attorney to be recorded against the property prior to the issuance of a Final Building Inspection Approval, Temporary Certificate of Occupancy, or Certificate of Occupancy stating the following:
(1) That the property is eligible for the Urban Lot Split pursuant to Sec. 9-
4.3704-Eligibility.
(2) That the individual property owner (or the beneficiary of a trust that is an individual property owner) intends to occupy one of the housing units on either of the lots created by the Urban Lot Split as their principal residence and legal domicile for a minimum of three (3) years from the date of approval. This requirement shall not apply when the owner is a “community land trust” or a “qualified nonprofit corporation” as the same are defined in the Revenue and Taxation Code. (3) That the primary uses shall be limited to residential uses. (4) That the rental of any unit created pursuant to Article 37 shall be for a minimum of thirty-one (31) days.
(5) That the maximum number of units to be allowed on the lots is two (2), including, but not limited to, units otherwise allowed pursuant to density bonus provisions, ADUs, and JADUs.
(6) That the property is formed by an Urban Lot Split and is therefore subject to the City’s Urban Lot Split and zoning regulations, including all applicable limits on dwelling size and development found in Title 9, Chapter 4, Article 37.
(7) That the restrictions shall be binding upon any successor in ownership of the property, and this Covenant and Deed Restriction and the applicable provisions of the Thousand Oaks Municipal Code may be enforced by the City of Thousand Oaks.
Sec. 9-4.3706 Urban Lot Split - Standards and Requirements An Urban Lot Split created pursuant to this Article shall comply with the following standards and requirements so long as such standards do not preclude a land division that allows for two units of at least 800 square feet per unit on each resulting lot. However, if the application of an objective standard would have the effect of physically precluding either or both units from being at least 800 square feet in floor area, such standard shall be waived but only to the extent necessary to allow construction of the affected unit(s) of a size no greater than 800 square feet in floor area:
Item No.8A
cdd:660-21/Ord-City Council/pz (FILE ID: MCA 2022-70465)
2 6
5 4
(a) Exceptions. No Urban Lot Split shall be approved if any of the following apply:
(1) Prior Division. The lot subject to the proposed Urban Lot Split was established through prior exercise of an Urban Lot Split under the provisions of this Section or the provisions set forth in California Government Code Section 66411.7;
(2) Adjacent Division. Any adjacent lot to the proposed Urban Lot Split was previously subdivided under the provisions of this Section or the provisions set forth in California Government Code Sections 66411.7 by the owner of the subject lot or any person acting in concert with the owner of the subject lot;
(3) Flag Lot. The lot created by an Urban Lot Split shall result in a flag lot; or
(4) Adverse Impact. The Building Official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Government Code Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. (b) Map Compliance. The Urban Lot Split shall conform to all applicable objective requirements of the California Subdivision Map Act and Title 9, Chapter 3-Subdivisions, of the Municipal Code, except as modified by this Article.
(c) Lot Area Minimum. The gross lot area of each newly created lot shall be no smaller than 1,200 square feet.
(d) Two Lots Maximum. The Urban Lot Split may divide a lot of record to create no more than two new lots of approximately equal lot area, provided that one lot shall not be smaller than 40 percent of the lot area of the original lot. (e) Two Units Maximum. A maximum of two units will be allowed on each lot created pursuant to this Section or the provisions set forth in California Government Code Section 66411.7, inclusive of ADUs and JADUs. (f) Lot Dimensions. An Urban Lot Split is not subject to minimum lot width requirements as set forth in this Title.
(g) Lot Lines. The resulting lots shall have lot lines of regular geometry which run generally parallel to each other. New lot lines must be straight lines, unless there is a conflict with existing improvements or the natural environment.
(h) Required Yards. No setback shall be required for an existing structure, or a structure constructed in the same location and to the same dimensions as an existing structure.
(i) Grading. No person shall commence or perform any grading or relocation of earth, and no person shall import or export any earth materials to or from Item No.8A
cdd:660-21/Ord-City Council/pz (FILE ID: MCA 2022-70465)
2 6
5 4
any grading site without first having obtained a grading permit. No person shall commence or perform any grading or relocation of earth on land having a natural slope greater than twenty-five (25%) percent. (j) Hillside Development. Grading on properties within the Hillside Planned Development (H-P-D) H-P-D zone shall be subject to Sec. 9-4.3106(b)- Grading Control (H-P-D).
(k) Development within a Protected Ridgeline Area. Urban lot splits proposed on properties that are located within the Protected Ridgeline Overlay Zone, are subject to the following objective standards:
(1) No new structure or addition to an existing structure shall be placed or constructed, no grading shall occur and, except as to meet fire clearance requirements, no native vegetation shall be removed within three hundred (300') feet horizontally or one hundred (100') feet vertically of the crest of a protected ridgeline unless the construction of the minimum allowed two units of 800 square feet or less is precluded, in which case the development must be sited at the lowest possible elevation.
(2) All buildings shall be setback at least fifty (50') feet from the edge of the finished pad.
(l) Off-site Improvements. The City shall not impose regulations that require dedications of rights-of-way or the construction of offsite improvements for the parcels being created as a condition of issuing a parcel map for an Urban Lot Split pursuant to this Article.
(m) Easements.
(1) The applicant shall provide easements for the provision of public services and facilities as required.
(2) Each easement must be shown on the tentative parcel map. (n) Vehicular Access. When an Urban Lot Split is recorded under the provisions of this Section, automobile parking is required, unless the property meets the exceptions listed in Section 9-4.3708(l)(5).
(1) Vehicular access to a public/private street or alley shall be provided by a driveway that complies with the minimum width, slope, materials, and other standards as required by the latest Public Works street design standards and Ventura County Fire Department.
(2) Shared Access. Landlocked lots created by an Urban Lot Split shall have an access easement over the other lot on the same map. The easement shall be wide enough to provide adequate vehicular access per (1), above, and must connect to the same curb cut and apron as the other lot on the same map.
(o) Development.
(1) Residential units developed on a lot created pursuant to this Section shall be subject to the provisions of Sections 9-4.3707-Two-Unit Housing Development–Planning Permit and Application
Item No.8A
cdd:660-21/Ord-City Council/pz (FILE ID: MCA 2022-70465)
2 6
5 4
Requirements and 9-4.3708-Two-Unit Housing Development– Standards and Requirements.
(2) Owner Occupancy. An owner must occupy one lot as their primary residence for a minimum of three (3) years from the date of approval of the final map for the Urban Lot Split. A dwelling unit must exist on the property at time of approval.
(p) Maintenance of Non-Conformities. The City shall not require the correction of nonconforming zoning provisions as a condition of approval for the Urban Lot Split. However, the project may not exacerbate an existing non- conforming building or condition. Unpermitted structures may be required to be permitted or removed as a part of the Urban Lot Split process. (q) Separate Conveyance Between Resulting Lots. Separate conveyance of the resulting lots is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the Urban Lot Split boundary may separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, the owner must record all documentation necessary to allocate rights and responsibility between the owners of the two lots.
Sec. 9-4.3707 Two-Unit Housing Development – Planning Permit and Application Requirements
An application for development of a Two-Unit Housing Development created pursuant to this Article will be reviewed ministerially, without discretionary review or a hearing, if it meets all the requirements set forth in this Section and those set forth under Government Code Section 65852.21. If any portion of this Section conflicts with Government Code Section 65852.21, then Government Code Section 65852.21 will govern.
Notwithstanding anything to the contrary set forth in this code, the Community Development Director or designee’s action to grant or deny a parcel map application for a Two-Unit Housing Development is final and not subject to appeal.
The Community Development Director is authorized to develop the forms and procedures for such applications pursuant to the following requirements:
(a) Application. Whenever a Two-Unit Housing Development is proposed as a project, an application shall be submitted to the Community Development Department on a form provided by said department along with supporting information as required by said department. Only a complete application will Item No.8A
cdd:660-21/Ord-City Council/pz (FILE ID: MCA 2022-70465)
2 6
5 4
be considered. The City will inform the applicant in writing of any incompleteness within 30 days after the application is submitted. (b) Expiration of Approval. A Two-Unit Housing Development permit approved pursuant to this Section that allows construction which has not commenced or is not diligently pursued within three (3) years from the date of approval shall expire and become void, unless a time extension application is submitted by the property owner and approved by the Community Development Director or designee. A maximum extension of 12 months may be approved by the Community Development Director or designee. (c) Impact fees. Two-Unit Housing Developments shall be subject to paying all applicable development impact fees.
(d) Required Documentation: In addition to the materials determined necessary to complete a full review of the project by the Community Development Director or designee, the application must include the following:
(1) Indemnification. The individual property owner must agree, as part of the application, to hold the city harmless from all claims and damages related to the approval of a project under this Title and its subject matter and reimburse the City for all costs of enforcement, including attorneys’ fees and costs associated with enforcing the requirements of this Title.
(2) Legal Lot. The proposed development must be located on a legally created lot or a proposed Urban Lot Split.
(3) Homeowners’ Association Notification. If the lot is within the boundaries of an active homeowners’ association, the applicant must provide evidence that the homeowners’ association has been notified of the proposed project.
(4) Protected Tree Report. If there are no protected trees within the vicinity of the project property a memorandum stating such shall be prepared by a landscape architect or certified arborist and provided at the time of submittal. If there are protected trees on or within the vicinity of the project property a site plan and memorandum prepared by a certified arborist must be provided at the time of submittal. (i) The site plan shall include the location of all protected trees on or within 15 feet of the property including the common name, size, and an indication as to the protected tree(s) retention or removal, the location of all existing and proposed structures and/or other improvements, distances of structures/improvements to the protected zone of any protected tree (as defined by Sec. 9-
4.4202“Landmark Tree Preservation and Protection Definitions” and 9-4.4302 “Oak Tree Preservation and Protection
Definitions”).
(ii) The memo must include a project description, table of any trees proposed to be encroached upon or removed, as well as any Item No.8A
cdd:660-21/Ord-City Council/pz (FILE ID: MCA 2022-70465)
2 6
5 4
measures recommended by the arborist for the preservation of as many trees as possible. If replacement trees are required for pursuant to Sec. 9-4.3708(h), a planting plan must also be included in the site plan.
(5) Biologist Statement of No Protected Habitat. A written statement affirming that there is no habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act [Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code], or the Native Plant Protection Act [Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code] within the vicinity of the project property shall be prepared by a qualified biologist, or resource expert and provided at the time of submittal. If the presence of any species or habitat for protected species described above is detected on site, the property is not eligible for a Two-Unit Housing Development, pursuant to Sec. 9-4.3704(d)(10).
(e) Affidavit of Compliance. An applicant for a Two-Unit Housing Development, as specified herein shall sign an affidavit in a form approved by the City Attorney to be recorded against the property prior to the issuance of a Final Building Inspection Approval, Temporary Certificate of Occupancy, or Certificate of Occupancy stating the following:
(1) That the property is eligible for the Two-Unit Housing Development pursuant to Sec. 9-4.3704-Eligibility.
(2) Unless the lot was formed by an Urban Lot Split, the individual property owner (or the beneficiary of a trust that is an individual property owner) of a lot with a proposed project must occupy one of the dwellings on the lot as the owners’ principal residence and legal domicile for a minimum of three (3) years from the date of approval, if a dwelling unit exists on the lot, or from the date of issuance of a Final Building Inspection Approval, Temporary Certificate of Occupancy, or Certificate of Occupancy, if dwelling units are not habitable at the time of approval. This requirement shall not apply when the owner is a “community land trust” or a “qualified nonprofit corporation” as the same are defined in the Revenue and Taxation Code.
(3) That the primary uses shall be limited to residential uses. (4) That the rental of any unit created pursuant to Article 37 shall be for a minimum of thirty-one (31) days.
(5) That the restrictions shall be binding upon any successor in ownership of the property, and this Covenant and Deed Restriction and the applicable provisions of the Thousand Oaks Municipal Code may be enforced by the City of Thousand Oaks.
Item No.8A
cdd:660-21/Ord-City Council/pz (FILE ID: MCA 2022-70465)
2 6
5 4
(6) That, in the event that potentially important cultural resources are found in the course of geologic testing or during construction, the event shall be immediately reported to the Community Development Director, and work shall immediately cease until a qualified archaeologist can provide an evaluation of the nature and significance of the resources and until the Community Development Department can review this information.
(7) That, if human bone is discovered during geologic testing or during construction, the event shall be immediately reported to the Community Development Director, work shall immediately cease, and the procedures described in Section 7050.5 of the California Health and Safety Code shall be followed. Section 7050.5 requires notification of the coroner. If the coroner determines that the remains are those of a Native American, the applicant shall notify the Native American Heritage Commission by telephone within 24 hours.
Following notification of the Native American Heritage Commission, the procedures described in Section 5097.94 and Section 5097.98 of the California Public Resources Code shall be followed.
Sec. 9-4.3708 Two-Unit Housing Development - Standards and Requirements Two-Unit Housing Development projects shall conform to all objective zoning, subdivision, and design standards applicable to the respective residential zoning district in which the project is located, except as expressly provided in this Article. In the event that any such standard conflicts with this Section, this Section shall apply.
(a) Exceptions.
(1) Denial. No two-unit housing development shall be approved if the Building Official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Government Code Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
(2) Preclusion of Minimum Units.
(i) A Two-Unit Housing Development created pursuant to this Article shall comply with the following standards and requirements so long as the application of such standards would not have the effect of physically precluding the construction of up to two units (each possessing no greater than 800 square feet of floor area) on a single lot.
Item No.8A
cdd:660-21/Ord-City Council/pz (FILE ID: MCA 2022-70465)
2 6
5 4
(ii) If the application of an objective standard would have the effect of physically precluding either or both units from being at least 800 square feet in floor area, such standard shall be waived only to the extent necessary to allow construction of the affected unit(s) of a size no greater than 800 square feet in floor area. (iii) If there is a question about the buildability of an 800 square foot unit in a location that meets objective standards, the applicant shall be required to provide evidence of such determination including obtaining concurrence from any other department, division, agency, or professional, as necessary.
(b) Maximum Number of Units.
(1) Lots Created by Urban Lot Split. A maximum of two (2) units will be allowed on each lot created by an Urban Lot Split or the provisions set forth in California Government Code Section 66411.7, inclusive of ADUs and JADUs.
(2) Lots Not Created by Urban Lot Split. No more than four units shall be allowed on a lot not subject to an Urban Lot Split, inclusive of ADUs and JADUs.
(c) Unit Configuration. The new units in a Two-Unit Housing Development may be permitted in the following configurations, not including the development of new or existing ADUs or JADUs:
(1) One (1) new unit incorporated entirely within an existing residential unit.
(2) One (1) new unit incorporated entirely within an existing accessory building, including garages.
(3) One (1) new unit attached to, and increasing the size of, an existing residential unit or an existing accessory building.
(4) One (1) new unit detached from and located on the same lot as an existing unit. A unit that is attached to another detached accessory building, but not another residential unit, is considered detached. (5) Two (2) newly constructed attached units (duplex) or two detached residential units on a vacant lot.
(d) Height.
(1) No structure containing a dwelling unit may exceed 25 feet in height and be more than 1 story, except for those circumstances described in Sec. 9-4.3708(d)(2), below.
(2) The maximum height of a structure containing a dwelling unit may be increased by not more than ten (10') feet provided that the property has two (2) side yards of not less than fifteen (15') feet each and a rear yard of 20 feet. In no event shall such structures exceed three (3) stories or 35 feet.
(e) Required Yards.
Item No.8A
cdd:660-21/Ord-City Council/pz (FILE ID: MCA 2022-70465)
2 6
5 4
(1) Existing Structures. No setback shall be required for an existing structure, or a structure constructed in the same location and to the same dimensions as an existing structure.
(2) Side and Rear Yards. Except for those circumstances described in Section Sec. 9-4.3708(d)(2), above, the setback for side and rear lot lines shall be four (4) feet.
(3) Front Yards.
(i) The front setback of a property that fronts on a street shall be as set forth by the base district, specific plan, or overlay district regulations. For landlocked lots, the front yard setback shall be four (4) feet.
(ii) On lots fronting and gaining vehicular access from a public or private street, the single-family or duplex residential building entry must face the street or be oriented to within 45 degrees of parallel to the street. Where a site is located on two or more public streets, the residential building entry must be oriented toward the street with the shorter of the two street frontages.
(4) Sight Distance. Intersection sight distance shall be provided per the applicable City Road Standard Plate. Side and rear yard development, including fencing shall not exceed three and a half (3.5) feet within the sight distance triangle.
(f) Architectural Design.
(1) Architectural Design Review. A Two-Unit Housing Development is not subject to architectural design review as set forth in Article 18 of this Chapter.
(2) Storage Area. Private storage area for each dwelling unit must be provided with a minimum of one hundred sixty (160) cubic feet of enclosed storage area, which must be provided in garages, carports or patio areas and in which one dimension must be at least six feet (6'). Units or projects designed with individual garages for each unit are exempt from this requirement.
(3) Garage Conversions. In cases where a new Two-Unit Housing Development dwelling unit is created through the conversion of an existing garage, the garage conversion shall include one (1) of the following options:
(i) The garage door is left operational to provide access to a storage space that is separated from the new dwelling unit by an interior partition wall. The partition wall shall not be constructed in such a manner as to fully or partially prevent the operation of the garage door. The storage space shall not be accessible from the new dwelling unit.
(ii) The garage door is removed entirely and replaced with fenestration elements that match the form, exterior siding or finish Item No.8A
cdd:660-21/Ord-City Council/pz (FILE ID: MCA 2022-70465)
2 6
5 4
and trim, and window placement/type of the existing dwelling unit.
At least twenty percent (20%) of the area of all stories of a street- facing façade must consist of windows, doors, or other openings. (4) Privacy Protection. No window or door of a dwelling unit that is constructed on the lot may have a direct line of sight to, or be within 10 feet of, an adjoining residential property without privacy glass screening which prevents a direct line of sight.
(g) Outdoor/Common Space. Each lot must contain usable, outdoor space of no less than fifteen percent (15%) of the area of each lot and of a regular geometry (e.g., rectangular) intended for common use by all property occupants.
(h) Preservation of Protected Trees. No dwelling unit created pursuant to this Article shall be constructed, or require grading at the time of construction, within the protected zone (as defined by Sec. 9-4.4202 and 9-4.4302) of a protected tree unless the construction of the minimum allowed two units of 800 square feet or less is precluded, in which case the protected tree may be encroached upon or removed if replaced onsite per the recommendations of a City Arborist, on a 1:1 basis, with a thirty-six (36’) inch box Quercus agrifolia Live Oak or Quercus lobata Valley Oak. If the replacement tree(s) is unable to be successfully sited onsite, an in-lieu fee will be required per Resolution 2010-014.
(i) Lighting. Exterior lighting shall be designed and installed in such a manner that the direct light source is shielded from off-site view. (j) Vehicular Access.
(1) Each lot containing dwelling units created pursuant to this Article shall have existing access, provide new access, or adjoin the public/private residential street right-of-way via the existing or a consolidated vehicular connection.
(2) Vehicular access to a public street or alley or private residential street shall be provided by a driveway that complies with the minimum width, slope, materials, and other standards consistent with Public Works Department and Ventura County Fire Department standards. (3) No new access from an arterial street is permitted in connection with a dwelling unit created pursuant to this Article.
(4) In addition to the standards set forth in this Section, driveways and parking areas must comply with Sec. 9-4.2404 ”General installation requirements of parking areas”.
(k) Pedestrian Access. When the established front yard of a lot abuts a public street or alley or private residential street, pedestrian access to a public/private street or alley shall be provided with an exterior pedestrian pathway from the primary entrances of each dwelling unit to the adjoining sidewalk, street, or alley. The pedestrian pathway shall be unobstructed, clear to the sky, and meet American with Disabilities Act (ADA) standards.
Item No.8A
cdd:660-21/Ord-City Council/pz (FILE ID: MCA 2022-70465)
2 6
5 4
(l) Parking.
(1) Off-Street Parking Required. A minimum of one enclosed parking space with an unencumbered interior width of nine (9') feet and an unencumbered interior depth of twenty (20') feet per unit shall be provided, unless the construction of such a structure precludes the construction of the minimum allowed two units of 800 square feet or less, in which case the required parking may be unenclosed. The floor area of an enclosed parking structure (up to the minimum area required only) shall not count towards the total square footage of the proposed unit.
(2) Replacement Parking Required. When an existing garage, carport, or other covered parking structure is converted or demolished in order to construct a new unit, at least one replacement parking space, which shall be enclosed, must be provided for each unit on the property, unless the project is exempt from parking.
(3) Multi-Unit Parking. An enclosed parking structure may serve multiple units on the same lot. Tandem parking within an enclosed parking structure is allowed.
(4) Location. Required parking must be on the same lot as the residential unit served.
(5) Exceptions. No parking requirements shall be imposed in either of the following circumstances:
(i) The property is located within one-half mile walking distance of either a high-quality transit corridor as defined by Public Resources Code Section 21155(b) or a major transit stop as defined in Public Resources Code Section 21064.3; or
(ii) There is a car share vehicle station located within one block of the property.
(m) Grading. No person shall commence or perform any grading or relocation of earth, and no person shall import or export any earth materials to or from any grading site without first having obtained a grading permit. No person shall commence or perform any grading or relocation of earth on land having a natural slope greater than twenty-five (25%) percent. (n) Hillside Development. Grading on properties within the H-P-D zone shall be subject to Sec. 9-4.3106(b).
(o) Development within a Protected Ridgeline Area. Urban lot splits proposed on properties that are located within the Protected Ridgeline Overlay Zone, are subject to the following objective standards:
(1) No new structure or addition to an existing structure shall be placed or constructed, no grading shall occur and, except as to meet fire clearance requirements, no native vegetation shall be removed within three hundred (300') feet horizontally or one hundred (100') feet vertically of the crest of a protected ridgeline unless the construction Item No.8A
cdd:660-21/Ord-City Council/pz (FILE ID: MCA 2022-70465)
2 6
5 4
of the minimum allowed two units of 800 square feet or less is precluded, in which case the development must be sited at the lowest possible elevation.
(2) No residential structure shall be higher than seventeen (17') feet measured from the finished grade at the center of the building wall to the highest roof elevation and any new dwelling unit, including any garage and accessory structures, shall not exceed, in total, two thousand (2,000) square feet. For existing structures, no alteration or addition to that structure shall raise the height or the elevation of the existing roof.
(3) All buildings shall be setback at least fifty (50') feet from the edge of the finished pad.
(p) Utilities.
(1) Each principal dwelling unit on the resulting lots must have its own direct utility connection to all utility service providers. (2) Private underground utility services, including municipally supplied water, sewer, gas, electricity, cable TV and telephone, shall be available for extension to and connection with all units in a Two-Unit Housing Development. All dwelling units in a Two-Unit Housing Development must be able to connect and shall connect to water, sewer, gas, or electricity services, as needed.
(3) All existing and proposed utility distribution facilities (including electric, telecommunications and cable television lines) installed in and for the purpose of supplying service to any dwelling unit(s) proposed as part of a Two-Unit Housing Development project shall be installed underground.
(q) Onsite Wastewater Treatment. For projects utilizing an existing or proposed new onsite wastewater treatment system, adequate septic feasibility must be demonstrated to the satisfaction of, and permitted by, the California State Water Resources Control Board. Properties to be connected to an onsite wastewater treatment system shall submit an application for a new onsite wastewater treatment system concurrently with the application for a Two- Unit Housing Development. Construction of all wastewater treatment systems shall be permitted by the City and comply with the current plumbing and building code standards.
(r) Connected Structures. The City shall not reject an application solely because it proposes an adjacent or connected structure provided that the structure meets building code safety standards and is sufficient to allow a separate conveyance as required by all state and local laws. (s) All Other Development. Except as modified by this Article, all other non- residential development on a lot created through the approval of an Urban Lot Split or which contains a Two-Unit Housing Development shall be Item No.8A
cdd:660-21/Ord-City Council/pz (FILE ID: MCA 2022-70465)
2 6
5 4
subject to those regulations required by the base zoning district or overlay district.
Part 6
(Uncodified)
Severability
If any section, subsection, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this title; it being hereby expressly declared that this title, and each section, subsection, sentence, clause and phrase hereof, would have been prepared, proposed, adopted, approved and ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Part 7
(Uncodified)
Effective Date
This Ordinance shall take effect on the thirty-first (31st) day following its final passage and adoption.
PASSED AND ADOPTED THIS XXth DAY OF XXX, 2022.
________________________________
Bob Engler, Mayor
City of Thousand Oaks, California
ATTEST/CERTIFY:
_____________________________ Cynthia M. Rodriguez, City Clerk Date Attested: _________________
APPROVED AS TO FORM:
Office of the City Attorney
_____________________________
XXXXXXXXXXX, (Deputy/Assistant) City Attorney
Item No.8A
cdd:660-21/Ordinance-CC#01/pz [MCA 2022-70465]
APPROVED AS TO ADMINISTRATION:
______________________________
Andrew P. Powers, City Manager
Introduced: XXXX XX, 202X
Published: XXXX XX, 202X
Ordinance No.: XXXX-NS
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the City of Thousand Oaks City Council on the date cited above.
Item No.8A
TO: Planning Commission
FROM: John Dugan, Deputy Community Development Director DATE: September 26, 2022
SUBJECT: Municipal Code Amendment 2022-70465
APPLICANT: City of Thousand Oaks
LOCATION: Citywide
REQUEST:
To adopt a resolution recommending that City Council introduce an ordinance amending the Municipal Code by adding Article 37 to Title 9, Chapter 4; modifying Sections 9-4.202 and 9-4.2202; and adding Section 9-3.305 to Title 9, Chapter 3, Article 3 to update the C ity’s zoning regulations to implement 2021 Senate Bill No. 9 (SB 9), including the addition of a ministerial process for the approval of urban lot splits and two- unit housing developments, and to determine the ordinance to be exempt from CEQA.
RECOMMENDATION:
That the Planning Commission adopt a Resolution (Attachment #1) thereby forwarding the following recommendations to City Council:
1. Find that this Municipal Code Amendment is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to California Government Code Sections 65852.21(j) and 66411.7(n); and
2. Approve amendments to the Thousand Oaks Municipal Code as described in Attachment #2.
PLANNING COMMISSION REVIEW:
Thousand Oaks Municipal Code (TOMC) Section 9- 4.22914(a) requires Planning Commission review and recommendation to City Council for proposed amendments to the provisions of Chapter 4 of Title 9 (Zoning) of the Municipal Code.
ATTACHMENT #3
Item No.8A
Senate Bill No. 9 MCA (MCA 2022-70465)
September 26, 2022
BACKGROUND:
Summary of State Law
S
enate Bill (SB) 9 (Atkins), also known as The California HOME Act, was part of the Senate’s “Building Opportunities for All” housing package created to address the severe housing shortage in California. SB 9 was signed by Governor Newsom on September 16, 2021 and chaptered by the Secretary of State. This law went into effect on January 1, 2022 and allows property owners within a single- family residential zone to build two primary residential units per lot and to subdivide a lot into two parcels, for a possible total of four units within the original single-family lot boundaries. The law requires ministerial approval of the following development activities:
• U
rban Lot Split – A one -time subdivision of an existing single -family residential parcel into two parcels.
• Two-Unit Housing Development – Two homes on an eligible single-family residential parcel , not including permissible accessory dwelling units (ADUs).
SB 9
applies to all single -family residential zoned properties within an urbanized area with several key exceptions that preclude the allowance to add units , which include, but are not limited to:
• Properties with protected habitat, as designated by the federal and state governments
• Environmental hazard areas if mitigations are not possible (see full list later in this document , but note that the law does apply, with modifications, in wildfire zones)
• Historic properties and districts
• Projects that require demolition or alteration of certain rental units.
T
he law also outlines how jurisdictions may regulate SB 9 projects. This law is similar to recent state Accessory Dwelling Unit (ADU) legislation in that it allows jurisdictions to apply local standards as long as they do not prevent a minimum level of development . Jurisdictions may only apply objective zoning, subdivision, and design standards to SB 9 -related projects, and these standards may not preclude the construction of up to two units of at least 800 square feet each.
Jurisdictions can conduct objective design review but may not apply subjective or other discretionary approval processes and may not have hearings for projects that meet the state rules .
Item No.8A
Senate Bill No. 9 MCA (MCA 2022-70465)
September 26, 2022
Local Implementation
On May 24, 2022, City Council initiated Municipal Code Amendment (MCA) 2022- 70465 declaring the intention to consider an amendment to the Thousand Oaks Municipal Code implementing SB 9, including the creation of Urban Lot Splits and multiple residential units per lot , and referred it to the Planning Commission for public hearing and a recommendation.
Since the law went into effect on January 1, 2022, there have been approximately thirty (30) inquiries into the City’s SB 9 implementation and application process.
As of the date of publication, there have only been three applications submitted, with only one complete application received.
Adoption of an ordinance implementing SB 9 would provide clarity on the local permitting process, take advantage of the flexibility permitted under the law, and harmonize the requirements of SB 9 with community standards. Specifically, the City finds that it is necessary to provide objective standards for elements including parking, setbacks, maximum building heights , and others related to ministerial residential developments resulting from the implementation of SB 9. In addition, certain regulations, such as allowing increased height with greater setbacks, can be used to incentivize more desirable types or forms of development.
Absent an ordinance further regulating SB 9 projects, proposals for Urban Lot Splits and Two -Unit Housing Developments are only su bject to the minimum standards outlined in the state law . As such, without the implementation of local regulations specific to the type of development and subdivisions mandated by SB 9, the City is compelled to accept and approve requests to allow two single-family dwellings and/or allow subdivision of an existing property in a single- family residential zone under current applicable regulations, without any local objective standards tailored to this type of development.
The objective design standards presented with this report address the requirements of the Housing Accountability Act (HAA) and Permit Streamlining Act (PSA) and provide applicants and the City Staff with a prescriptive and clear means of designing and evaluating residential development requests.
Item No.8A
Senate Bill No. 9 MCA (MCA 2022-70465)
September 26, 2022
EVALUATION:
What Can Be Built?
P
rior to the passage of SB 9, a single- family residentially zoned property allowed for one primary dwelling unit, one ADU, and one Junior Accessory Dwelling Unit (JADU), for a total of three housing units. With the passage of SB 9, there are two sets of scenarios for future development which allow up to four units, as described below and in Figure 1.
Fi
gure 1 - Potential Development Scenarios
S
cenario A: Lot Not Being Subdivided
Homeowners can use SB 9 to build two new homes on a vacant lot, plus whatever ADUS and JADUs would be allowed on site, and in no event more than two, for a total of four residential units.
Item No.8A
Senate Bill No. 9 MCA (MCA 2022-70465)
September 26, 2022
If there is an existing home, they can add one new dwelling unit plus whatever ADUS and JADUs would be allowed on site, and in no event more than two, for a total of four residential units. If an existing residence and ADU or JADU already exist onsite, one new dwelling unit plus only one additional ADU or JADU could be added.
Scenario B: Lot Being Subdivided
Homeowners that split a lot will be allowed to build two new units on each of the two new lots, allowing for a total of four units within the original property boundaries. If there are existing units on the lot, new homes can be added, also resulting in a total of four potential units. Per SB 9, it is up to jurisdictions to decide if they want to allow ADUs in addition to these four units. Staff has recommended, in the draft ordinance, that four units maximum, inclusive of ADUs and JADUs, be allowed.
Applicability
SB 9 applies to all single- family residential zones in jurisdictions within an urbanized area
1, where residential uses are limited to one single- family dwelling per lot and uses typically associated with single- family zones are permitted, and no multiple family uses, or other commercial uses are allowed. In Thousand Oaks, this includes the R -1, R -A, R -E, R -O Residential Districts; and those Hillside Planned Development (HPD) and Residential Planned Development (RPD) zones in which the predominate existing development is single-family residential.
However, as mentioned above, SB 9 does not apply in several instances where the subdivision or housing project is proposed in a prohibited area.SB 9 specifically prohibits urban lot splits and two-unit projects in the following circumstances:
Projects involving the demolition or alteration of any dwellings that are income- restricted to levels affordable to persons and families of moderate, low, or very low income; that are subject to rent control imposed by a public entity; or that have been occupied by a rental tenant within the last three years: The applicability scope of these restrictions are likely narrow, as Thousand Oaks itself does not have rent control for single family zone proper ties, and there are relatively few income- restricted units in the City.
1 SB 9 applies to cities whose jurisdictions are at least partially located within an urbanized area or urban cluster as designated by the United State Census Bureau. The City of Thousand Oaks is almost entirely located within the Oxnard- Thousand Oaks -Ventura CA Urbanized Area and is therefore subject to SB 9.
Item No.8A
Senate Bill No. 9 MCA (MCA 2022-70465)
September 26, 2022
Properties where an owner has exercised the owner’s rights to withdraw accommodations from rent or lease (i.e. “Ellis Act evictions”) within the last 15 years: It is unknown whether any Ellis Act evictions have occurred in Thousand Oaks; however, the number is likely to be low as the process to invoke the Ellis Act is more often used by multi -family property owners, rather than single- family homeowners.
P
rojects involving the demolition of more than twenty-five percent (25%) of the existing exterior structural walls of an existing dwelling, except for dwellings which have been owner -occupied for the last three years, or unless permitted by local ordinance: Projects may demolish no more than 25% of existing exterior structural walls unless (a) the property has not been occupied by a tenant for 3 years or (b) otherwise allowed by the jurisdiction. The City may adopt regulations which allow for greater than 25% demolition of the existing units, as long as they have not been occupied by a tenant for the last three years; however, Staff has not included any such provision in the proposed ordinance.
P
rojects located within an historic district, or that are state, county, or City - designated historic sites/landmarks : There are no historic districts or state or county -designated historic sites/landmarks within the City, and there is only one City-designated historic site in a single-family residential zone in Thousand Oaks.
P
rime farmland: Thousand Oaks no longer retains any prime farmland.
W
etlands, as determined by the US Fish & Wildlife Service (USFWS): There are a few qualifying w etlands throughout the City , although very few exist on single- family residential property. E ach applicant must attest that they do not have any such wetlands on their property as part of their submittal to the City. If there is concern that a property could be ineligible, staff will review the USFWS Wetlands Mapper.
H
igh or very high fire hazard severity zones, as determined by the California Department of Forestry and Fire Protection (except as excluded by a local agency or sites that have adopted fire hazard mitigation measures pursuant to existing building standards): A large portion of the City has been designated as being within a very high fire hazard severity zone (VHFHSZ), however, the City has established mitigation measures through adoption and amendment of California Building Code Standards as the minimum re quirements in locally designated hazard areas . As opposed to an outright prohibition, any development within the VHFHSZ proposed pursuant to the subject ordinance, as with any residential project within the VHFHSZ, must comply with more stringent building code standards.
Item No.8A
Senate Bill No. 9 MCA (MCA 2022-70465)
September 26, 2022
Hazardous waste sites designated by the Department of Toxic Substances Control (i.e. the “Cortese List”), unless cleared for residential uses: There are numerous hazardous waste sites located throughout Thousand Oaks (gas stations being the most common), though very few, if any, are located in single- family residential zones.
State-designated Alquist -Priolo earthquake fault zones : No such areas exist in Thousand Oaks however there are California Geological Survey designated landslide and liquefaction zones. Additional seismic protection building code standards may apply for development within those zones.
Federal Emergency Management Agency (FEMA) -designated 100- year flood zones or regulatory floodways: A number of such flood zones and floodways exist in Thousand Oaks. A development may be located on a site within such a 100- year flood zone if the site has been subject to a Letter of Map Revision prepared by FEMA and issued to the City; or the site meets FEMA requirements necessary to meet minimum flood plain management criteria of the Nation Flood Insurance Program. If the site is within a regulatory floodway, the applicant must be able to satisfy certain federal requirements to qualify.
State or federally -designated habitat conservation areas : No such areas exist in Thousand Oaks.
Habitat for state or federally designated protected species: Special status species habitat exists in some areas through the City, particularly those areas adjacent to open space. To ensure compliance with this regulation, all projects proposed pursuant to the proposed ordinance will be required to submit a written statement affirming tha t there is no habitat for protected species within the vicinity of the project property shall be prepared by a qualified biologist, or resource expert at the time of submittal (see Sections 9-4.3705(e)(4) and 9-4.3707(e)(4)).
Lands under a conservation easement : There are a few conservation easements in Thousand Oaks, however they exist primarily in non- single-family zones or on undeveloped hillside areas. Applications will be reviewed on a case-by-case basis, including subdivision and title history if needed.
Permitting Procedure and Approval
Jurisdictions must review and process applications for Two -Unit Housing Developments and Urban Lot Split s minis terially. “Ministerially” means projects must be approved without any public hearing or subjective judgment from City Staff, if it meets State and local law requirements , including the eligibility criteria laid out in SB 9 , and the subject ordinance implem enting objective standards.
Item No.8A
Senate Bill No. 9 MCA (MCA 2022-70465)
September 26, 2022
Ministerial approvals typically do not include any public noticing requirements however, Staff has recommended that, if the site is associated with a Homeowners Association (HOA), they must provide proof that they have notified the HOA of their proposed project as SB 9 does not remove an HOA’s authority to prohibit this type of development. SB 9 specifically exempts applicable projects from CEQA review.
A
s required by SB 9, if an applicant proposes an Urban Lot Split, the subdivider must sign an affidavit stating they intend to occupy one of the units for a minimum of three years from the date of approval . In order to enforce th at requirement, a habitable dwelling unit must exist on the property by the time the new parcel map is approved. As such, to ensure a residence exists at the time of parcel map approval and to encourage projects to meet the intent of the law —increas ing the supply of housing—staff recommends that an Urban Lot Split lot application not be accepted except in conjunction with a concurrently submitted application for residential development on the newly created parcel (if the property has an existing residence) or on both parcels (if both resulting properties are vacant ), unless a Two-Unit Housing Development project has been approved on the subject property already. The applications will be reviewed simultaneously, and approval of the parcel map will be held until the building permit is issued.
W
hile SB 9 includes a l ist of conditions that projects must meet to be eligible to proceed, it is important to note that all SB 9 projects will still be reviewed by various City Departments (e.g., Community Development, Fire, Public Works, etc.) to ensure compliance with applicable municipal code standards and technical codes (i.e., Building Code & Fire Code). In addition, unlike State ADU law, SB 9 does not exempt SB 9 units from applicable City fees such as traffic and Quimby impact fees, utility connection fees, and school fees. The Community Development Director is authorized to develop the forms and procedures pursuant to the State prescribed development regulations noted in the next section.
State-Prescribed Development Regulations
SB
9 details methods jurisdictions may use to regulate SB 9 proposals. There are some actions jurisdictions must take, some decisions jurisdictions can choose to take, and some topics they may not regulate.
T
he following requirements and limitations apply to all Two -Unit Housing Development and Urban Lot Split projects as stipulated by SB 9:
• Ministerial Review Required - The City may not hold any public hearings or establish any discretionary process to review SB 9-related projects.
Item No.8A
Senate Bill No. 9 MCA (MCA 2022-70465)
September 26, 2022
• Finding to Deny - The only manner in which the City may deny a proposed SB 9 subdivision or housing development is if the City ’s Building Official makes a written finding, based upon the preponderance of the evidence, that the proposed project would have a specific adverse impact upon public health and safety, or the physical environment, for which there is no feasible method to mitigate or avoid that impact. A “specific, adverse impact” is defined under state law as “ a significant, quantifiable, direct, and unavoidable impact that is determined based on objective, identified written public health or safety standards, policies, or conditions as they exist on the date the application was deemed complete”. Any denials must be based on objective, identified public health and safety standards, policies or conditions that existed when the application was submitted. For example, inconsistency with zoning or general plan standards or general concerns related to privacy and noise are not considered a specific adverse impact.
This is a very high standard for municipalities to meet to deny a proposed SB 9 project.
• Objective standards - Jurisdictions may only impose objective zoning, design, and subdivision standards. Standards shall not physically preclude the construction of two units of less than 800 square feet each per property. “Objective standards” are defined as those that involve no personal or s
ubjective judgment by City officials and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the developer and the City prior to application submittal.
The City’s subdivision and zoning ordinances currently contain a number of objective standards that would continue to apply to SB 9 projects. The City also recently adopted a set of objective design standards (Title 9, Chapter 4, Article 22) compiled for the development of housing projects of two units or more however, Staff is suggesting that Article 22 not apply to SB 9 developments as they were not tailored for this type of small -scale, infill development. Instead, the proposed ordinance has compiled applicable objective subdivision, zoning, and design standards specifically for SB 9 subdivision and housing development projects, described in greater detail, below.
• Required Yards - Jurisdictions may not impose residential setbacks greater than 4 feet for side and rear property lines. The City may specify front yard standards. Staff has recommended that front yards on properties which front a street be dictated by the subject site’s existing zoning designation. • Rebuild demolished building with same setback – Similar to existing ADU regulation, jurisdictions may not impose any setback requirements for a unit constructed (1) within an existing living area, or (2) in the same location and to the same dimensions as an existing structure.
Item No.8A
Senate Bill No. 9 MCA (MCA 2022-70465)
September 26, 2022
• Zero or one parking space - Jurisdictions may not require more than one parking space per unit. Staff has recommended requiring that space be enclosed, as described below. The law also states that, for properties within one-half mile walking distance of either a high- quality transit corridor or a major transit stop, or within one block of a car share vehicle, no parking spaces may be required however, none of these exceptions currently apply within the City of Thousand Oaks.
• Attached buildings allowed - Jurisdictions may not reject an application because it proposes adjacent or connected struct ures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance.
• Short term rentals : As with existing City and state regulations for ADUs and JADUs, SB 9 prohibits rental tenancies of less than 31 days in SB 9 units, or on lots subdivided through an SB 9 Urban Lot Split. The proposed ordinance requires a restriction on short term rentals be included in the “Affidavit of Compliance”, which is a deed restriction that must be recorded against the property prior to the issuance of a Final Building Inspection Approval, Temporary Certificate of Occupancy, or Certificate of Occupancy.
The following additional limita tions apply to all Urban Lot Split projects under SB 9:
• No correction of non- conforming conditions - Jurisdictions may not require correction of an existing legal non-conforming condition as a condition for ministerial approval. Staff has recommended, however, language clarifying that proposed projects may not exacerbate an existing legal non-conformity. Any non- conforming structures or conditions which were developed without the benefit of permits may be required to be resolved.
• Dedications/Improvements - Jurisdictions may not require dedications of rights-of-way or the construction of offsite improvements. • Easements - Jurisdictions may require easements required for the provision of public services and facilities and may require that parcels have access to, provide access to, or adjoin the public right-of-way. • Minimum 1,200 sf parcel - No parcel shall be less than 1,200 square feet.
Jurisdictions may by ordinance adopt a smaller minimum lot size subject to ministerial approval. Staff has not recommended allowing lot sizes smaller than 1,200 square feet.
Item No.8A
Senate Bill No. 9 MCA (MCA 2022-70465)
September 26, 2022
• Approximately equal size - Each new parcel must be "approximately equal" in lot area provided that one parcel shall not be smaller than 40 percent the size of the original parcel
• One use - Only one lot split is allowed per lot under SB 9. However, further splits may be possible under regular subdivision procedures if the lot size and dimensions allow.
• Limits on adjacent Urban Lot Split s - SB 9 prohibits lot splits where the owner or any person "acting in concert" with the owner has previously subdivided an adjacent parcel using an Urban Lot Split . Since SB 9 does not specifically define “acting in concert,” staff is proposing the inclusion of a definition for this term to clarify what "acting in concert" means . • Residential only – The primary uses on the resulting lots are limited to residential uses.
• Intention to occupy - The subdivider must sign an affidavit stating they intend to occupy one of the units for a minimum of three years from the date of approval . The local jurisdiction cannot impose additional owner occupancy standards. Community land trusts and qualified nonprofits are exempted from this requirement. As described below, staff recommends the inclusion of a similar requirement for lots that develop Two-Unit Housing but do not split their lot.
City-Determined Objective Development Standards
While SB 9 requires applicants and Cities to comply with certain provisions, it also provides cities with some flexibility and allows cities to impose objective zoning , subdivision, and design standards so long as they do not preclude two unit from being at least 800 square feet. The following describes areas of flexibility allowed by SB 9, possible objective standards the City could impose, and Staff recommendations that have been included in the draft ordinance. The standards below may be revised, per the recommendation of the Planning Commission, provided they comply with the requirements of SB 9.
The full code language is contained in Attachment #2 and the following provides an outline and synopsis of the standards:
Number of Units
The CA Department of Housing and Community Development (HCD), in their Fact Sheet published in March 2022, clarified that SB 9 allows for up to four units to be built in the same lot area typically used for a single-family home.
Item No.8A
Senate Bill No. 9 MCA (MCA 2022-70465)
September 26, 2022
When a lot split occurs, the local agency must allow up to two units on each lot resulting from the lot split. In thi s situation, all three unit types (i.e., primary unit, ADU, and Junior ADU) count toward this two unit limit. For example, the limit could be reached on each lot by creating two primary units, or a primary unit and an ADU, or a primary unit and a Junior AD U. By building two units on each lot, the overall maximum of four units required under SB 9 is achieved. The City may choose to allow more than two units per lot, if desired.
When a lot split has not occurred, the lot is eligible to build two primary units as well as one ADUs and/or Junior ADUs per primary unit, as it ordinarily would under ADU law. I n no case does SB 9 require a local agency to allow more than four units on a single lot, in any combination of primary units, ADUs, and Junior ADUs.
Maximum Unit Size
Under the proposed ordinance, the size of a unit would be controlled by the required setbacks, required percentage of usable open space on the lot, property characteristics, limitations on grading, existing development, and costs.
Maximum floor area standards are not inc luded in the existing municipal code standards for single-family residential development and, to maintain consistency, are not recommended in the draft ordinance. However, if desired, SB 9 does allow the City to set the maximum floor area standards as low as 800 sq. ft. (not including garages and carports) for units developed under SB 9 (not including ADUs or JADUs, which remain subject to separate state and local regulations). As such, the City could consider maximum floor area requirements, or other methods of restricting maximum unit size so long as they do not preclude the development of two units of at least 800 square feet.
Demolition
Pursuant to SB 9, no more than 25% of the existing exterior structural walls of the dwelling unit may be demolished, unless the housing has been occupied by tenants within the last three years, in which case no demolition or alteration is allowed. The percentage of demolition shall be revi ewed and confirmed by the Building Official or designee prior to approval, as necessary. To provide clarity, Staff has recommended defining “Demolition”.
The City may adopt regulations which allow for greater than 25% demolition of the existing units, as long as they have not been occupied by a tenant for the last three years; however, Staff has not included any such provision in the proposed ordinance. Although Staff has not recommended allowing greater demolition than the state- mandated minimum, a more flexible standard may encourage conversions of existing single- family homes into a duplex rather than the Item No.8A
Senate Bill No. 9 MCA (MCA 2022-70465)
September 26, 2022
development of multiple detached units , as a conversion or conversion with addition is more likely to require exterior demolition.
F
lag lots
A flag lot is a lot behind another lot with a long segment extending along one side of the front lot to connect the rear lot to the street. Typically, the extension is only as wide as a driveway, which gives the resulting lot the appearance of a flag on a flagpole when it is mapped. Since the purpose of the extension is to connect the rear lot to the street for vehicular access, the base of the “pole” will have a curb cut and apron built in the public right -of-way. In situations where land allows, an Urban Lot Split including a flag lot will likely result in two driveways with curb cuts, where previously there was only one. Each new curb cut removes at least one street parking space available to the neighborhood (on streets that allow parking), so Staff recommends prohibiting flag lots in favor of requiring subdividers to create an access easement over the front property’s driveway for the rear property to access the street.
T
herefore, landlocked parcels created by an Urban Lot Split must have an access easement over the other parcel on the same map and must connect to the same curb cut and apron as the other parcel on the same map. The easement must also meet the access requirements of the City Engineer and Ventura County Fire Department. As stated above, this is preferred to flag lots as a means to preserve as many existing street parking spaces as possible.
R
equired Yards
Except as required by the Building Code, existing setbacks may be maintained for SB 9 units built within an existing structure (i.e. a conversion) or built in the same location and within the same dimensions as an existing structure. Setback requirements are also waived for subdivisions where the new property line is adjacent to an existing structure. For all other SB 9 units, the City may only require side and rear yard setbacks of no more than four feet (normally, side setbacks range from zero to 15 feet, and rear setbacks are usually between 10 and 20 feet).
A
s noted previously, SB 9 does not prescribe a front yard setback requirement so Staff recommends that existing front yard setbacks of the underlying zoning district (typically 20 feet) continue to apply for parcels fronting a street, unless they would physically preclude the SB 9 units from being at least 800 square feet in floor area.
For lots that have no direct access to a street except by easement over another lot (landlocked), all setbacks shall be a minimum of four feet . This is more practical than trying to make rules to declare which way is front or rear.
Item No.8A
Senate Bill No. 9 MCA (MCA 2022-70465)
September 26, 2022
Height
In almost all cases, the City ’s existing regulations limit the height of single-family dwellings to 25 feet unless increased side yard setbacks are provided. ADUs and JADUs are typically held to the same height limit as the primary dwelling unit , except when detached, in which case they are limited to 16 feet. Accordingly, Staff has included a 25- foot height limit, or up to 35 feet with increased side and rear setbacks, for SB 9 units to remain consistent with the majority of existing single- family residence standards.
P
arking
The City’s existing regulations require two enclosed off-street parking spaces for each single- family dwelling with four bedrooms or less, three spaces (two enclosed) for those with five or six bedrooms, and three enclosed spaces for those with seven bedrooms or more. However, SB 9 limits this requirement to only one parking space per unit, and none at all if located within one- half mile walking distance of a high-quality transit corridor (such as a bus stop served at least every 15 minutes ) during peak commute hours, or within one block of a “car share vehicle”. There are currently no bus routes in Thousand Oaks operating at 15- minute intervals. Neither SB 9 nor previously adopted state ADU law (which includes a similar parking exemption) defines “car share vehicle”. As such, Staff has included the following definition in the proposed ordinance: “’Car share vehicle station’ means as a site or a portion of a site used for the purpose of storing motor vehicles, where the vehicle is operated as part of a regional fleet by a public or private car-sharing company or organization and provides hourly or daily rental service to the general public. A car share vehicle does not include vehicles used as part of ride- hailing companies or taxicabs.” Currently, no car share company with properties meeting this definition operate in the City. As such, there are no areas within the City, currently, which would be exempt from providing the required parking.
S
taff recommends that one enclosed off-street parking space be required for each SB 9 unit unless the garage structure(s) would physically preclude the SB 9 units from being at least 800 square feet in floor area, in which case, the required parking may be unenclosed.
A
rchitectural Design
The City’s existing regulations require design review for new single -family dwellings and additional onsite development. This is a discretionary process using subjective design guidelines, with final approval typically granted either by Staff, or the Planning Commission if a project is required to be heard at a public hearing.
The City may not impose the same discretionary and subjective process for SB 9 projects.
Item No.8A
Senate Bill No. 9 MCA (MCA 2022-70465)
September 26, 2022
As currently drafted, the ordinance requires façade requirements for garage conversions, and that each primary dwelling unit include a minimum of one hundred sixty (160) cubic feet of enclosed storage area. Additionally, Staff recommends that all SB 9 units address privacy concerns by prohibiting any window or door of a dwelling unit within 10 feet of an adjoining residential property without the use of privacy glass.
A minimum amount of useable open space, as required by the City’s new objective standards and Residential Planned Development (RPD) permits is also recommended so that each lot contains usable outdoor space of no less than fifteen percent (15%) of the area of each lot.
Hillside and Ridgeline Performance Standards
The City’s existing regulations require discretionary review and a public hearing for new development on hillside lots within the HPD zone . To remain consistent but maintain a ministerial process, Staff recommends that the objective grading limitations contained within Section 9-4.3106 apply to all SB 9 units located on lots designated as being within the HPD zone.
Similarly, projects proposed on properties that are located within the Protected Ridgeline Overlay Zone, are subject to the objective standards contained within Section 9-4.3502- Protected Ridgeline Overlay Zone Regulations (PR).
Grading on Steep Slopes
The City’s existing standards require discretionary review and a public hearing for any grading or relocation of earth on land having a natural slope greater than 25%.
This review and approval process is discretionary and subjective and therefore cannot apply to subdivisions or the construction of new dwellings pursuant to SB
9. As such, Staff recommends that no SB 9 project shall be allowed which requires grading on a natural slope greater than twenty-five percent unless that restriction would physically preclude the development of at least two 800 square foot primary dwelling units.
Tree Preservation
The City’s existing regulations requires approval by the Planning Commission for the removal of any protected oak or landmark tree with a trunk circumference of 24 inches or more, measured at four and one- half feet above the grou nd or the removal of four or more oak or landmark trees greater than 2 inches. This review and approval process is discretionary and subjective and therefore cannot apply to subdivisions or the construction of new dwellings pursuant to SB 9.
Staff recommends that the tree preservation regulations be waived for SB 9 projects, except that the removal of any protected tree (as currently defined) , or Item No.8A
Senate Bill No. 9 MCA (MCA 2022-70465)
September 26, 2022
construction within the protected zone of the protected tree, be prohibited unless doing so would physically preclude the SB 9 units from being at least 800 square feet in floor area, in which case the protected tree may be encroached upon or removed with the onsite placement of one thirty-six (36”) inch box replacement tree of a live oak tree.
Staff believes this objective requirement would preserve the City ’s tree preservation and aesthetic goals while allowing SB 9 developments consistent with state law. In order to demonstrate compliance with this standard, it is recommended that no application be deemed complete without the submittal of documentation prepared by a certified arborist or landscape architect.
Owner Occupancy
The City’s existing regulations do not require owner occupancy for dwellings other than JADUs (in which case owner occupancy of the house or JADU is required by state law). SB 9 prohibits the City from requiring owner occupancy as a condition of an SB 9 Urban Lot Split, but applicants choosing to pursue an Urban Lot Split are required to declare that they w ill occupy the primary dwelling unit for 3 years following approval of the subdivision. Staff has included this state- mandated provision in the proposed ordinance.
SB 9 is silent as to whether or not the City can require owner occupancy of SB 9 units that do not involve an Urban Lot Split. In order to maintain consistency and to discourage absentee landlords and speculative development, Staff recommends this requirement for a Two- Unit Housing Development. If the City desires, they may also restrict the ability for units within the same lot to be owned or conveyed separately from each other through condominium airspace divisions or common interest developments.
Affordability
Several jurisdictions have included affordability requirements for SB 9 units in their implementation ordinances. These requirements have not yet been legally challenged and the validity of affordability requirements for SB 9 units i s unclear.
As Staff is reviewing housing affordability at a wholistic level, both through the General Plan Update process and the Inclusionary Housing Ordinance, which was initiated by City Council, affordability requirements have not been included in the draft ordinance. If det ermined to be appropriate or desired, such requirements could be reviewed in conjunction with the Inclusionary Housing Ordinance.
GENERAL PLAN CONSISTENCY
The proposed Municipal Code Amendment is consistent with the following Goal and Policy of the General Plan:
Item No.8A
Senate Bill No. 9 MCA (MCA 2022-70465)
September 26, 2022
G
oal
• To develop appropriate additional tools enabling commercial, industrial and residential development to flourish in an efficient and compatible manner.
P
olicies – Housing
• Housing: Strive to provide a balanced range of adequate housing for Thousand Oaks Planning Area residents in a variety of locations for all individuals regardless of age, income, ethnic background, marital status, physical or developmental disability.
ENVIRONMENTAL REVIEW
U
nder California Government Code Sections 65852.21(j) and 66411.7(n), the adoption of an ordinance by a City or county implementing the provisions of Government Code Sections 66411.7 and 65852.21 is not a project and therefore exempt from the requirements of the California Environmental Quality Act (CEQA).
Therefore, the Ordinance is exempt from CEQA in that the proposed Ordinance implements these new laws enacted by SB 9.
I
n addition, Sections 65852.21( a) and 66411.7( a) of the California Government Code (as amended by SB 9) state that any new construction that would result from the adoption of this Ordinance is ministerial and therefore exempt from CEQA.
CONCLUSION:
T
he proposed Municipal Code Amendment will provide implementation of regulations specific to the type of development and subdivisions mandated by Senate Bill 9 and clarify objective design standards applicable to projects submitted pursuant to the proposed ordinance. Further, the proposed amendment will bring the Municipal Code into conformance with state housing laws. Staff recommends that the Planning Commission approve the draft resolution recommending that the City Council approve MCA 2022-70465 as set forth in the attached ordinance (Attachments #1 and #2).
P
REPARED BY: Justine Kendall, AICP Associate Planner
A
ttachments:
Attachment #1 – Draft Planning Commission Resolution
Attachment #2 – Draft Ordinance
c
dd:660-21/Staff Report-Planning Cmsn/pz (FILE ID: MCA 2022-70465) Item No.8A
cdd:660-21/Resolution-PC/pz (FILE ID MCA 2022-70465)
CITY OF THOUSAND OAKS
PLA
NNING COMMISSION
RES
OLUTION NO. ___-2022 PC
A RE
SOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF THOUSAND OAKS
RECOMMENDING THAT THE CITY COUNCIL
ADOPT AN ORDINANCE AMENDING THE
THOUSAND OAKS MUNICIPAL CODE BY ADDING
ARTICLE 37 TO TITLE 9, CHAPTER 4; MODIFYING
SECTIONS 9 -4.202 AND 9- 4.2202; AND AD DING
SECTION 9 -3.305 TO TITLE 9, CHAPTER 3,
ARTICLE 3 TO UPDATE THE CITY’S ZONING
REGULATIONS TO IMPLEMENT 2021 SENATE BILL
NO. 9 (SB 9), INCLUDING THE ADDITION OF A
MINISTERIAL PROCESS FOR THE APPROVAL OF
URBAN LOT SPLITS AND TWO -UNIT HOUSING
DEVELOPMENTS (MCA 2022-70465)
App
lications: MCA-2022-7465
Appli
cant: City of Thousand Oaks
Locati
on: Citywide
SECTION 1
The Pl
anning Commission of the City of Thousand Oaks, California, DOES RESOLVE AS FOLLOWS:
WHER
EAS in 2021, Senate Bill 9 was enacted on September 16, 2021, and became effective January 1, 2022. The State of California, by the enactment of Senate Bill 9, adds Government Code Sections 65852.21 and 66411.7 to mandate that cities and counties to allow, by ministerial action, the division of an existing parcel into two- parcels (Urban Lot Splits ) and/or the construction of up to two- dwelling units (Two-Unit Housing Developments ) on a parcel where proposed within a single-family residential zone; and
WHE
REAS, Upon passage of Senate Bil l 9 the City of Thousand Oaks Planning Division has received numerous inquiries from members of the public seeking guidance on the City ’s permitting requirements, review procedures, and regulations to implement the Bill; and
ATTACHMENT #1
(To the 9/26/2022 PC Report)
Item No.8A
cdd:660-21/Resolution-PC/pz (FILE ID MCA 2022-70465)
WHEREAS SB 9 preempts any conflicting City regulations but allows local agencies to adopt objective design, development, and subdivision standards for urban lot splits and certain residential projects; and
W
HEREAS, the Thousand Oaks Municipal Code (TOMC) regulates th e development and subdivision of properties located in single- family residential zones. The permit requirements, review procedures, development standards, and subdivision regulations currently applicable to properties in single- family residential zones are focused primarily on the development of one single- family dwelling per parcel based on a defined minimum lot size and subject to specific height, usable open space, and setback areas among other requirements. These permit requirements, review procedures, development standards, and subdivision regulations were not specifically designed to address the unique legal and practical issues that arise in connection with allowing two primary dwelling units to be constructed on a single parcel intended for development with one single- family dwelling or the subdivision of an affected property into two smaller parcels under the otherwise adopted minimum lot size; and
W
HEREAS, Senate Bill 9 stipulates that agencies must ministerially review proposals thereunder and specifies the minimum dwelling size, side and rear yard setbacks, and lot area an agency must accept, but otherwise does not specify any particular permit process or provide the customary development standards used to regulate the location and design of new residential dwellings, including maximum building height, usable open space, or grading limitations to the benefit of public peace, health, and safety; and
W
HEREAS, on May 24 , 2022, in response to state legislation, the City of Thousand Oaks initiated a Municipal Code Amendment for the creation of Urban Lot Split and Two- Unit Housing Development application criteria, standards, and requirements in order to comply with Government Code Sections 66411.7 and 65852.21 and to appropriately regulate projects under SB 9; W
HEREAS, the Planning Commission, upon giving the required notice, did, on the 26th day of September 2022, conduct a duly-advertised public hearing as prescribed by law to consider said application; and
W
HEREAS, at the Septembe r 26, 202 2 public hearing, oral and written evidence, including a staff report, were presented and received, and arguments were heard from all interested parties appearing in the matter.
NO
W, THEREFORE, BE IT RESOLVED, that the Planning Commission recommends that MCA 2022-70456 be approved by the City Council of the City of Thousand Oaks by the adoption of an ordinance to amend the Thousand Oaks Municipal Code.
Item No.8A
cdd:660-21/Resolution-PC/pz (FILE ID MCA 2022-70465)
SECTION 2
W
HEREAS, the findings of the Planning Commission for recommending approval of said Municipal Code Amendment application MCA-2020-70250 are as follows:
1. “
The project is consistent with the Thousand Oaks General Plan and any applicable specific plan or redevelopment plan” per TOMC Sec. 9-
4.2803(c)(1).
T
he proposed Municipal Code Amendment is consistent with the following Goal and Policy of the General Plan because the City is using an appropriate tool of objective design standards and regulations to help ensure residential development allowed by SB 9 meets fundamental design principles and expectations for the City:
G
oal
• To develop appropriate additional tools enabling commercial, industrial and residential development to flourish in an efficient and compatible manner.
P
olicies – Housing
• Housing: Strive to provide a balanced range of adequate housing for Thousand Oaks Planning Area residents in a variety of locations for all individuals r egardless of age, income, ethnic background, marital status, physical or developmental disability.
T
herefore, the proposed MCA is consistent with the City’s adopted General Plan.
2. “
The project complies with all applicable laws, regulations and policies, including the Thousand Oaks Municipal Code” per TOMC Sec. 9-
4.2803(c)(2).
T
he MCA, which amends the Thousand Oaks Municipal Code Title 9 , is consistent with the City policies that have not been preempted by SB 9.
Specifically, this MCA consists of regulatory amendments to create and clarify standards to implement and comply with State law requirements .
Therefore, t he proposed MCA, which brings all City regulations into compliance with SB 9, is consistent with all applicable laws, regulations, and policies.
Item No.8A
cdd:660-21/Resolution-PC/pz (FILE ID MCA 2022-70465)
3. “The project will not be detrimental to the public health, safety or general welfare” per TOMC Sec. 9-4.2803(c)(3).
The proposed MCA consists of amending the current zoning regulations to create new application requirements and standards for Urban Lot Splits and Two-Unit Housing Developments . There is no associated physical development proposed as part of this Municipal Code amendment. Any new construction or major alteration/addition that would result from the adoption of this MCA is required to undergo its own separate review as part of the process outlined as part of the MCA.
By adopting this MCA to implement SB 9, the City is ensuring that local control is achieved to the best of the City’s ability with consideration for neighborhood impacts and personal privacy. The MCA will allow the City to regulate SB 9 projects, where allowed under the new State law by, among other things, regulating building height, usable open space, gra ding allowed, impacts to protected trees , front yard setbacks and requ ired parking to maintain consistency with existing standards for single- family residential development , and providing clear procedures under which a project could be denied because of a specif ic adverse impact to public health and safety or the physical environment.
Therefore, the proposed project will not be detrimental to the public health, safety or general welfare.
4. “The project has been reviewed in conformance with the provisions of the California Environmental Quality Act” per TOMC Sec. 9-4.2803(4).
Under California Government Code Sections 65852.21(j) and 66411.7(n), the adoption of an ordinance by a City or county implementing the provisions of Government Code Sections 66411.7 and 65852.21 is not a project and therefore exempt from the requirements of the California Environmental Quality Act (CEQA). Therefore, the Ordinance is exempt from CEQA in that the proposed Ordinance implements these new laws enacted by SB 9.
In addition, Sections 65852.21(a) and 66411.7(a) of the California Government Code (as amended by SB 9) state that any new construction that would result from the adoption of this Ordinance is ministerial and therefore exempt from CEQA.
Item No.8A
cdd:660-21/Resolution-PC/pz (FILE ID MCA 2022-70465)
SECTION 3
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends that City Council approve the Municipal Code Amendment MCA2020-70250 set forth and attached hereto and made a part hereof.
I HEREBY CERTIFY that the foregoing resolution reflects action ta ken by the Planning Commission of the City of Thousand Oaks at a regular meeting held on the 26th day of September 2022, by the following vote:
AYES: COMMISSIONERS
NOES: COMMISSIONERS
ABSENT: COMMISSIONERS
ABSTAIN: COMMISSIONERS
David Newman, Chair
Planning Commission
John M. Dugan, Secretary
Planning Commission
Item No.8A
cdd:660-21/Ord-City Council/pz (FILE ID: MCA 2022-70465)
ORDINANCE NO. __________
A
N ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF THOUSAND OAKS AMENDING THE
THOUSAND OAKS MUNICIPAL CODE BY ADDING
ARTICLE 37 TO TITLE 9, CHAPTER 4; MODIFYING
SECTIONS 9 -4.202 AND 9- 4.2202; AND ADDING
SECTION 9 -3.305 TO TITLE 9, CHAPTER 3,
ARTICLE 3 TO UPDATE THE CITY’S ZONING
REGULATIONS TO IMPLEMENT 2021 SENATE BILL
NO. 9 (SB 9), INCLUDING THE ADDITION OF A
MINISTERIAL PROCESS FOR THE APPROVAL OF
URBAN LOT SPLITS AND TWO -UNIT HOUSING
DEVELOPMENTS (MCA-2022-70465)
The
City Council of the City of Thousand Oaks does hereby ordain as follows:
Part 1
S
ection 9-3.305 of the Thousand Oaks Municipal Code is added to read as follows:
S
ec. 9-3.305. Urban Lot Splits.
T
he city shall ministerially process an application for an Urban Lot Split pursuant to Title 9, Chapter 4, Article 37 - Urban Lot Splits and Two-Unit Housing Developments.
Part 2
T
he definition of “Dwelling Unit” within Section 9-4.202-Definitions, of the Thousand Oaks Municipal Code is amended to read as follows:
“Dwelling unit” shall mean a building or rooms inside a building that are used as a domicile by one family, and contain common interior access and permanent living, sleeping, eating, cooking and sanitation facilities which is fixed on a permanent foundation.
Part 3
T
he following definitions are added to Section 9 -4.202-Definitions of the Thousand Oaks Municipal Code:
ATTACHMENT #2
(To the 9/26/2022 PC Report)
Item No.8A
cdd:660-21/Ord-City Council/pz (FILE ID: MCA 2022-70465)
“Non-conforming condition” means a feature or site condition which was lawfully erected or altered and maintained but which, because of the application of the provisions of this chapter to it, no longer conforms to the regulations of the zone in which it is located.
“Car share vehicle station” means as a site or a portion of a site used for the purpose of storing motor vehicles, where the vehicle is operated as part of a regional fleet by a public or private car -sharing company or organization and provides hourly or daily service rental service to the general public. A car share vehicle does not include vehicles used as part of ride- hailing companies or taxicabs.
Part 4
S
ection 9 -4.2202(a) of the Thousand Oaks Municipal Code is amended to read as follows:
(a) The Objective Design Standards (Objective Standards) apply to all residential and mixed-use development, which include the new construction of two (2) or more residential units. The Objective Standards were created in response to legislative provisions such as the Housing Accountability Act, that limit local jurisdictions’ ability to deny or reduce density of housing projects that are consistent with “objective standards” and multi-family residential projects meeting affordability and other criteria can only be subject to “objective” planning standards to be approved through a ministerial process. These standards also apply to redevelopment that creates two (2) or more new residential units, including but not limited to adaptive reuse of existing buildings. In addition, these standards apply to groups of two (2) or more attached townhomes (row houses), regardless of whether multiple townhomes occupy the same lot, or each townhome is located on a separate lot.
The Objective Standards do not apply to residential development approved pursuant to Article 37 (Urban Lot Splits and Two-Unit Housing Developments) and Section 9-4.2521 (Accessory Dwelling Units).
Part 5
A
rticle 37 (Reserved.) of the Thousand Oaks Municipal Code is added to read as follows:
A
rticle 37 Urban Lot Splits and Two-Unit Housing Developments S
ec. 9-4.3701 Intent and Purpose
T
he intent and purpose of this Article is to provide procedural requirements and objective development standards for Urban Lot Splits and Two -Unit Housing Developments as required by State law.
Item No.8A
cdd:660-21/Ord-City Council/pz (FILE ID: MCA 2022-70465)
S
ec. 9-4.3702 Applicability
P
ursuant to California Government Code Sections 66452.6, 65852.21 and 66411.7, the division of land by Urban Lot Split and provisions for Two- Unit Housing Development shall be subject to the standards set forth in this Article.
I
f a conflict occurs between this Article and other provisions of the City of Thousand Oaks Municipal Code Title 9, Chapter 4, the standards within this Article will supersede the standards provided in other Articles of this Chapter.
T
erms defined within this Article govern the application of these standards and the underlying zoning requirements for qualifying projects. Terms used in this Article have the same meaning as those terms which are used in Title 9- Planning and Zoning, Chapter 4- Zoning, except for those terms specifically defined within this Article.
S
ec. 9-4.3703 Definition of Terms
T
he following definitions apply to terms used in this Article. “Acting in Concert” shall mean taking action in agreement or partnership with another person or entity and shall include, but not be limited to, where the owner of a property proposed for an Urban Lot Split is the same, related to, or connected by partnership to the owner, buyer, or seller (if transferred within the previous three (3) years) of an adjacent lot. “
Demolition” means the deliberate removal, removal and replacement, relocation, or destruction of the frame, including window and door headers, or foundation of any portion of a building or structure. “
Flag Lot” shall mean a lot which has at least six (6) courses or sides, at least three (3) of which form a staff which abuts a public or private access way and provides access to the rest of the lot.
“P
rotected Tree” shall mean an oak tree, as defined by Sec. 9-4.4202 and a landmark tree, as defined by Sec. 9-4.4302.
“T
wo-Unit Housing Development” shall mean a housing development consisting of no more than two dwelling units which are developed using the provisions of this Article or the provisions set forth in California Government Code Sections 65852.21 and/or 66411.7. The two units may consist of two new units or one new unit and one existing unit.
Item No.8A
cdd:660-21/Ord-City Council/pz (FILE ID: MCA 2022-70465)
“Unit” shall mean any single dwelling unit, including but not limited to a primary dwelling unit, an accessory dwelling unit (ADU), a junior dwelling unit (JADU), or any unit created pursuant to this Article.
“Urban Lot Split” means a lot split of an existing, legally created single-family residential lot into two lots that meets the requirements of this Article.
“Usable Open Space” shall mean outdoor or unenclosed area on the ground, or on a roof, balcony, deck, porch or terrace designed and accessible for outdoor living and recreation, but excluding parking facilities, driveways, sidewalks, pedestrian paths, utility or service areas, required front or street side yards, any landscaped area not usable for outdoor living or recreation, or areas with slopes greater than five percent (5%).
Sec. 9-4.3704 Eligibility
The city shall ministerially process an application for an Urban Lot Split or Two-Unit Housing Development if all of the following qualifications are met:
(a) Applicable Zone: The property is located within one of the following single- family residential zones: R-1, R-A, R-E, R-O, or those HPD and RPD zones in which the predominate existing development is single-family residential. (b) Affordable Housing or Rental Property Protection. Neither the Urban Lot Split nor any associated housing development shall require demolition or alteration of any of the following:
(1) Affordable Units. Housing that is subject to a recorded covenant, ordinance or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
(2) Ellis Act Units. The parcel subject to the proposed project is not a parcel on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
(3) Rent Controlled Units. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power. (4) Rental Units. Housing that has been occupied by a tenant in the last three (3) years.
(c) Demolition of Existing Housing. No more than twenty-five percent (25%) of the existing exterior structural walls of the dwelling unit may be demolished, unless the site has not been occupied by tenants within the last three (3) years.
(d) Restricted Land. The property shall not be located , in full or in part, in any of the following areas and shall not fall within any of the following categories:
Item No.8A
cdd:660-21/Ord-City Council/pz (FILE ID: MCA 2022-70465)
(1) Historic. An historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance, respectively.
(2) Farmland. Prime farmland or farmland of statewide importance as further defined in Government Code Section 65913.4(a)(6)(B). (3) Wetlands. Wetlands as defined in the Unites States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
(4) Fire Zone. A very high fire hazard severity zone as further defined in Government Code Section 65913.4(a)(6)(D). Thi s shall not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.
(5) Hazardous Waste Site. A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.
(6) Flood Zone. A special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency (FEMA) in any official maps published by FEMA. If an applicant is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this Section, the city shall not deny the application on the basis that the applicant did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following are met:
(i) The site has been subject to a Letter of Map Revision prepared by FEMA and issued to the city; or
(ii) The site meets FEMA requirements necessary to meet minimum flood plain management criteria of the Nation Flood Insurance Program as further spelled out in Government Code Section 65913.4(a)(6)(G)(ii).
(7) Earthquake Fault Zone. A delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable Item No.8A
cdd:660-21/Ord-City Council/pz (FILE ID: MCA 2022-70465)
seismic protection building code standards adopted by the California Buildings Standards Commiss ion under the California Building Standards Law and by the city’s Building Division.
(8) Floodway. A regulatory floodway as determined by FEMA in any of its official maps, published by FEMA unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If an applicant is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this Section, the city shall not deny the application on the basis t hat the applicant did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable to that site.
(9) Planned for Habitat Conservation. Lands identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan as further spelled out in Government Code Section 65913.4(a)(6)(I). (10) Habitat for Protected Species. Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act [ Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code], or the Native Plant Protection Act [ Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code]. (11) Conservation Easement. Lands under a conservation easement.
Sec. 9- 4.3705 Urban Lot Split - Planning Permit and Application Requirements
An application for development of an Urban Lot Split created pursuant to this Article will be reviewed ministerially, without discretionary review or a hearing, if it meets all the requirements set forth in this S ection and those set forth under Government Code Section 65852.21. If any portion of this Section conflicts with Government Code Section 65852.21, then Government Code Section 65852.21 will govern.
Notwithstanding anything to the contrary set forth in this code, the Community Development Director or designee’s action to grant or deny a parcel map application for an Urban Lot Split is final and not subject to appeal.
The Community Development Director is authorized to develop the forms and procedures for such applications pursuant to the following requirements:
Item No.8A
cdd:660-21/Ord-City Council/pz (FILE ID: MCA 2022-70465)
(a) Concurrent Submittal. An Urban Lot Split lot application may not be accepted except in conjunction with a concurrently submitted application for residential development on the newly created parcel (if the property has an existing residence) or on both parc els (if the property is vacant) unless a Two-Unit Housing Development project has already been approved on the subject property.
(b) Application. The applicant must submit an application for a tentative parcel map in compliance with Title 9, Chapter 3, Articl e 5. An application for an Urban Lot Split must be submitted on the City’s approved form. Only a complete application will be considered. The City will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.
(c) Expiration of Approval. An Urban Lot Split approved pursuant to this Section that is not recorded within two (2) years of the date of approval shall expire and become void, except where an extension of time application is submitted by the property owner and approved by the Community Development Director or designee. A maximum extension of one (1) year may be approved by the Community Development Director or designee. (d) Public Works Impact & Connection Fees (e.g.: Traffic, Water, Wastewater, Map, Encroachment, Improvements, etc). The newly subdivided lot s are separate parcels and therefore shall pay all applicable fees for impacts and connections, as is required with every other residential unit/home. (e) Required Documentation. In addition to the materials determined necessary to complete a full review of the application by the Community Development Director or designee, the application must include the following:
(1) Indemnification. The individual property owner must agree, as part of the application, to hold the city harmless from all claims and damages related to the approval of a subdivision under this Title and its subject matter and reimburse the City for all cos ts of enforcement, including attorneys’ fees and costs associated with enforcing the requirements of this Title.
(2) Legal lot. Applicant must submit verification that existing property is a legal lot at time of filing application.
(3) Homeowners’ Association Notification. If the lot is within the boundaries of a homeowners’ association, the applicant must provide evidence that the homeowners’ association has been notified of the proposed project.
(4) Protected Tree Report. If there are no protected tre es within the vicinity of the project property, a memorandum stating such shall be prepared by a landscape architect or certified arborist and provided at the time of submittal. If there are protected trees on or within the vicinity of the project property a site plan and memorandum prepared by a certified arborist must be provided at the time of submittal.
Item No.8A
cdd:660-21/Ord-City Council/pz (FILE ID: MCA 2022-70465)
(i) The site plan shall include the location of all protected trees on or within 15 feet of the property including the common name, size, and an indication as to the protected tree(s) retention or removal, the location of all existing and proposed structures and/or other improvements, distances of structures/improvements to the protected zone of any protected tree (as defined by Sec. 9-
4.4202“Landmark Tree Preservation and Protection Definitions ” and 9- 4.4302 “Oak Tree Preservation and Protection
Definitions”).
(ii) The memo must include a project desc ription, table of any trees proposed to be encroached upon or removed, as well as any measures recommended by the arborist for the preservation of as many trees as possible. If replacement trees are required for pursuant to Sec. 9- 4.3708(h), a planting plan must also be included in the site plan.
(5) Biologist Statement of No Protected Habitat. A written statement affirming that there is no habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act [Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code], or the Native Plant Protection Act [Chapter 10 ( commencing with Section 1900) of Division 2 of the Fish and Game Code] within the vicinity of the project property shall be prepared by a qualified biologist, or resource expert and provided at the time of submittal . If the presence of any species or habitat for protected species described above is detected on site, the property is not eligible for an Urban Lot Split, pursuant to Sec . 9-
4.3704(d)(10).
(f) Affidavit of Compliance. The owner of a lot approved to be split as specified herein shall sign an affidavi t in a form approved by the City Attorney to be recorded against the property prior to the issuance of a Final Building Inspection Approval, Temporary Certificate of Occupancy, or Certificate of Occupancy stating the following:
(1) That the property is eligible for the Urban Lot Split pursuant to Sec. 9-
4.3704-Eligibility.
(2) That the individual property owner (or the beneficiary of a trust that is an individual property owner) intends to occupy one of the housing units on either of the lots created by the Urban Lot Split as their principal residence and legal domicile for a minimum of three (3) years from the date of approval. This requirement shall not apply when the owner is a “community land trust” or a “qualified nonprofit corporation” as the same are defined in the Revenue and Taxation Code.
Item No.8A
cdd:660-21/Ord-City Council/pz (FILE ID: MCA 2022-70465)
(3) That the primary uses shall be limited to residential uses. (4) That the rental of any unit created pursuant to Article 37 shall be for a minimum of thirty-one (31) days.
(5) That the maximum number of units to be allowed on the lots is two (2), including, but not limited to, units otherwise allowed pursuant to density bonus provisions, ADUs, and JADUs.
(6) That the property is formed by an Urban Lot Split and is therefore subject to the City’s Urban Lot Split and zoning regulations, including all applicable limits on dwelling size and development found in Title 9, Chapter 4, Article 37.
(7) That the restrictions shall be binding upon any successor in ownership of the property , and this Covenant and Deed Restriction and the applicable provisions of the Thousand Oaks Municipal Code may be enforced by the City of Thousand Oaks.
Sec. 9-4.3706 Urban Lot Split - Standards and Requirements
An Urban Lot Split created pursuant to this Article shall comply with the following standards and requirements so long as such standards do not preclude a land division that allows for two units of at least 800 square feet per unit on each resulting lot. However, if the application of an objective standard would have the effect of physically precluding either or b oth units from being at least 800 square feet in floor area, such standard shall be waived but only to the extent necessary to allow construction of the affected unit(s) of a size no greater than 800 square feet in floor area:
(a) Exceptions. No Urban Lot Split shall be approved if any of the following apply:
(1) Prior Division. The lot subject to the proposed Urban Lot Split was established through prior exercise of an Urban Lot Split under the provisions of this Section or the provisions set forth in California Government Code Section 66411.7;
(2) Adjacent Division. Any adjacent lot to the proposed Urban Lot Split was previously subdivided under the provisions of this Section or the provisions set forth in California Government Code Sections 66411.7 by the owner of the subject lot or any person acting in concert with the owner of the subject lot;
(3) Flag Lot. The lot created by an Urban Lot Split shall result in a flag lot; or
(4) Adverse Impact. The Building Official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Item No.8A
cdd:660-21/Ord-City Council/pz (FILE ID: MCA 2022-70465)
Government Code Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. (b) Map Compliance. The Urban Lot Split shall conform to all applicable objective requirements of the California Subdivision Map Act and Title 9, Chapter 3-Subdivisions, of the Municipal Code, except as modified by this Article.
(c) Lot Area Minimum. The gross lot area of each newly created lot shall be no smaller than 1,200 square feet.
(d) Two Lots Maximum. The Urban Lot Split may divide a lot of record to create no more than two new lot s of approximately equal lot area, provided that one lot shall not be smaller than 40 percent of the lot area of the original lot. (e) Two Units Maximum. A maximum of two units will be allowed on each lot created pursuant to this Section or the provisions set forth in California Government Code Section 66411.7, inclusive of ADUs and JADUs. (f) Lot Dimensions. An Urban Lot Split is not subject to minimum lot width requirements as set forth in this Title.
(g) Lot Lines. The resulting lots shall have lot lines of regular geometry which run generally parallel to each other . New lot lines must be straight lines, unless there is a conflict with existing improvements or the natural environment.
(h) Required Yards. No setback shall be required for an existing structure, or a structure constructed in the same location and to the same dimensions as an existing structure.
(i) Grading. No person shall commence or perform any grading or relocation of earth, and no person shall import or export any earth materials to or from any grading site without first having obtained a grading permit. No person shall commence or perform any grading or relocation of earth on land having a natural slope greater than twenty-five (25%) percent. (j) Hillside Development. Grading on properties within the Hillside Planned Development (H -P-D) H -P-D zone shall be subject to Sec. 9- 4.3106(b)- Grading Control (H-P-D) .
(k) Development within a Protected Ridgeline Area. Urban lot splits proposed on properties that are located within the Protected Ridgeline Overlay Zone, are subject to the following objective standards:
(1) No new structure or addition to an existing structure shall be placed or constructed, no grading shall occur and, except as to meet fire clearance requirements, no native vegetation shall be removed within three hundred (300') feet horizontally or one hundred (100') feet vertically of the crest of a protected r idgeline unless the construction of the minimum allowed two units of 800 square feet or less is precluded, in which case the development must be sited at the lowest possible elevation.
Item No.8A
cdd:660-21/Ord-City Council/pz (FILE ID: MCA 2022-70465)
(2) All buildings shall be setback at least fifty (50') feet from the edge of the finished pad.
(l) Off-site Improvements. The City shall not impose regulations that require dedications of rights-of-way or the construction of offsite improvements for the parcels being created as a condition of issuing a parcel map for an Urban Lot Split pursuant to this Article.
(m) Easements.
(1) The applicant shall provide easements for the provision of public services and facilities as required.
(2) Each easement must be shown on the tentative parcel map. (n) Vehicular Access. When an Urban Lot Split is recorded under the provisions of this Section, automobile parking is required, unless the property meets the exceptions listed in Section 9-4.3708(l)(5).
(1) Vehicular access to a public/private street or alley shall be provided by a driveway that complies with the minimum width, slope, materials, and other standards as required by the latest Public Works street design standards and Ventura County Fire Department.
(2) Shared Access. Landlocked lots created by an Urban Lot Split shall have an access easement over the other lot on the same map. The easement shall be wide enough to provide adequate vehicular access per (1), above, and must connect to the same curb cut and apron as the other lot on the same map.
(o) Development.
(1) Residential units developed on a lot created pursuant to this Section shall be subject to the provisions of Sections 9-4.3707-Two-Unit Housing Development –Planning Permit and Application
Requirements and 9- 4.3708-Two-Unit Housing Development – Standards and Requirements.
(2) Owner Occupancy. An owner must occupy one lot as their primary residence for a minimum of three (3) years from the date of approval of the final map for the Urban Lot Split . A dwelling unit must exist on the property at time of approval.
(p) Maintenance of Non-Conformities. The City shall not require the correction of nonconforming zoning provisions as a condition of approval for the Urban Lot Split . However, the project may not exacerbate an existing non- conforming building or condition. Unpermitted structures may be required to be permitted or removed as a part of the Urban Lot Split process. (q) Separate Conveyance Between Resulting Lots. Separate conveyance of the resulting lots is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the Urban Lot Split boundary may separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new Item No.8A
cdd:660-21/Ord-City Council/pz (FILE ID: MCA 2022-70465)
lot line, the owner must record all documentation necessary to allocate rights and responsibility between the owners of the two lots.
Sec. 9- 4.3707 Two-Unit Housing Development – Planning Permit and Application Requirements
An application for development of a Two- Unit Housing Development created pursuant to this Article will be reviewed ministerially, without discretionary review or a hearing, if it meets all the requirements set forth in this S ection and those set forth under Government Code S ection 65852.21. If any portion of this Section conflicts with Government Code Section 65852.21, then Government Code Section 65852.21 will govern.
Notwithstanding anything to the contrary set forth in this code, the Community Development Director or designee’s action to grant or deny a parcel map application for a Two -Unit Housing Development is final and not subject to appeal.
The Community Development Director is authorized to develop the forms and procedures for such applications pursuant to the following requirements:
(a) Application. Whenever a Two-Unit Housing Development is proposed as a project, an application shall be subm itted to the Community Development Department on a form provided by said department along with supporting information as required by said department. Only a complete application will be considered. The City will inform the applicant in writing of any incompleteness within 30 days after the application is submitted. (b) Expiration of Approval. A Two-Unit Housing Development permit approved pursuant to this Section that allows construction which has not commenced or is not diligently pursued within three (3) year s from the date of approval shall expire and become void, unless a time extension application is submitted by the property owner and approved by the Community Development Director or designee. A maximum extension of 12 months may be approved by the Community Development Director or designee. (c) Impact fees. Two-Unit Housing Developments shall be subject to paying all applicable development impact fees.
(d) Required Documentation: In addition to the materials determined necessary to complete a full review of the project by the Community Development Director or designee, the application must include the following:
(1) Indemnification. The individual property owner must agree, as part of the application, to hold the city harmless from all claims and damages related to the approval of a project under this Title and its subject matter and reimburse the City for all costs of enforcement, including Item No.8A
cdd:660-21/Ord-City Council/pz (FILE ID: MCA 2022-70465)
attorneys’ fees and costs associated with enforcing the requirements of this Title.
(2) Legal Lot. The proposed development must be located on a legally created lot or a proposed Urban Lot Split.
(3) Homeowners’ Association Notification. If the lot is within the boundaries of an active homeowners’ association, the applicant must provide evidence that the homeowners’ association has been notified of the proposed project.
(4) Protected Tree Report. If there are no protected trees within the vicinity of the project property a memorandum stating such shall be prepared by a landscape architect or certified arborist and provided at the time of submittal. If there are protected trees on or within the vicinity of the project property a site plan and memorandum prepared by a certified arborist must be provided at the time of submittal. (i) The site plan shall include the location of all protected trees on or within 15 feet of the property including the common name, size, and an indication as to the protected tree(s) retention or removal, the location of all existing and proposed structures and/or other improvements, distances of structures/improvements to the protected zone of any protected tree (as defined by Sec. 9-
4.4202“Landmark Tree Preservation and Protection Definitions” and 9- 4.4302 “Oak Tree Preservation and Protection
Definitions”).
(ii) The memo must include a project description, table of any trees proposed to be encroached upon or removed, as well as any measures recommended by the arborist for the preservation of as many trees as possible. If replacement trees are required for pursuant to Sec. 9- 4.3708(h), a planting plan must also be included in the site plan.
(5) Biologist Statement of No Protected Habitat. A written statement affirming that there is no habitat for protected species identified as candidate, sensitive, or species of spec ial status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act [Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code], or the Native Plant Protection Act [Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code] within the vicinity of the project property shall be prepared by a qualified biologist, or resource expert and provided at the time of submittal. If the presence of any species or habitat for protected species described above is detected on site, the property is not eligible for a Two- Unit Housing Development, pursuant to Sec. 9-4.3704(d)(10).
Item No.8A
cdd:660-21/Ord-City Council/pz (FILE ID: MCA 2022-70465)