TO:Andrew P. Powers, City Manager
FROM:Kelvin Parker, Community Development Director
DATE:April 25, 2023
SUBJECT: Proposed 73-Unit Apartment Complex – Long Court RECOMMENDATION:
1. Adopt resolution to:
a. find the project is Categorically Exempt from the California Environmental Quality Act (CEQA) Guidelines pursuant to Class 32 Section 15332 In-Fill Development Projects and Section 15061(b)(3) Common Sense Exemption; and
b. approve Development Permit 2022-70269-DP, General Plan Amendment 2021-70182-LU, Protected Tree Permit 2022-70535-PTP, and 2022-70822- DAGR.
2. Read ordinance in title only, waive further reading, and if no objection, introduce ordinance to approve Development Agreement 2022-70822-DAGR.
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:
On April 27, 2021, City Council authorized a Residential Capacity Allocation (RCA) and initiation of a General Plan Amendment (LU) (LU 2021-70182/RCA 2021- 70181) for the above project, which allocated 55 units for the residential portions of the project1.
1 The lot area measurement was refined during the formal submittal review, at the time of the Planning Commission hearing to discuss the RCA, the site was believed to be slightly larger (1.86 acres), thus calculating a need for 55 units at the time. However, 54 is the correct base density for the subject lot and thus the correct allocation to be used moving forward.
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8 On October 28, 2021, a Pre-Application (PAR 2021-71034) was submitted. Staff met with the applicant and provided development requirements and other project specifics.
On March 21, 2022, the applicant began submitting the subject applications, which are listed in the “Recommendation” section of this report.
The proposed project was presented at the Planning Commission (Commission) hearing on March 27, 2023. During the hearing, several project items were examined including a discussion on if the applicant could complete the sidewalk on Moody Court as well as specific questions clarifying project design.
In addition, shortly before the meeting the applicant requested three revisions to conditions of approval, which were recommended to be included in the Commission motion. Those changes included:
1) Delete Condition 24 regarding the inclusionary housing fee which does not apply.
2) Add language to Condition 87, Water Mainline Extension - "As necessary for the project and to the satisfaction of the City Engineer, the….” to the beginning of the condition which continues to say “…Applicant shall design and construct an 8-inch watermain between the existing 8-inch watermains in Long Court and Moody Court and shall be located in the proposed driveway at the south end of the project. A 15-foot easement shall be dedicated to the City of Thousand Oaks for waterline maintenance purposes.”
3) Edit Condition 111: Sidewalk Construction - to clarify that the sidewalk is to be expanded to eight feet along Moody Court, but the easement shall be dedicated to the City for the ability to widen the sidewalk an extra three feet along Long Court.
After dialogue with the applicant, the project was not materially amended except for the suggested edits to the conditions, and the Commission voted 5-0 to recommend approval. Commissioners also noted their appreciation for the project's design and desire to see it constructed as soon as possible.
Project Site and Setting
The subject property is a 1.8-acre lot, bound by Moody Court to the east and Long Court to the west. It is currently developed with an existing 20,300 square-foot (s.f.), 27-foot-tall commercial office development approved in March 1978 pursuant to Development Permit No. 1977-0347.
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8 The topography of the site has a gradual grade transition resulting in an approximately 14-foot rise in elevation between the northern (lower) surface parking lot and southern (upper) surface parking lot. The site is currently landscaped with mature foliage and trees, which include both protected and nonprotected specimens.
The property is within the boundary of Specific Plan (SP) 20. This plan provides specific and unique development standards and establishes policies and regulations for a defined area. The Land Use Element of the General Plan designates the property as “Commercial/ Residential.” The site is adjacent to existing commercial uses including offices to the south, medical offices to the west, and an assisted living facility to the east as shown below in Figure 1.
Figure 1: Existing Conditions
Source: GIS 2022
DISCUSSION/ANALYSIS:
This discussion provides a broad overview of the project details. Focused and detailed discussion on project features is contained in the staff report to the Commission dated March 27, 2023 (Attachment #1). Included as attachments to the Commission report are:
Attachment #1 – Vicinity Map
Attachment #2 – Location Map
Attachment #3 – Aerial Photo
Attachment #4 – Resolution
Attachment #5 – 2022-70822-DAGR Ordinance
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8 Attachment #6 – Draft Development Agreement (Exhibit A of 2022 70822- DAGR Ordinance)
Attachment #7 – Project Plans, dated February 27, 2023
Attachment #8 – Traffic Study
Attachment #9 – Oak & Landmark Tree Report, dated November 3, 2022 Attachment #1 also includes:
•Planning Commission Hearing Supplemental Packet -
oTraffic Impact/Trip Generation Analysis, dated March 27, 2023 oPublic Correspondence
•Planning Commission Hearing PowerPoint Presentation including changes to the conditions as outlined on Slide #26
Project Description
Building Form and Design
The proposed project includes the construction of a 73-unit, three (3) story podium apartment building (Attachment #7 of Attachment #1 Planning Commission Staff Report). The apartment building is proposed with three stories above the basement parking garage and will be at an average height of 34 feet. The site topography informs the form of architectural design, as the structure appears to notch into the existing slope moving from Thousand Oaks Boulevard towards the southern end of Moody and Long Courts.
Figure 2: Conceptual Perspective (Long Court Looking South) Source: Plan Sheet A6-1 dated February 27, 2023
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8 The project’s architectural design is a blend of Mid-Century Modern and Contemporary styles. The architectural design incorporates articulation and detailing throughout (see Figure 2).
There are several design criteria included in the Thousand Oaks Municipal Code (TOMC) and SP 20 which encourage or require various elements be incorporated into the project. For example, units oriented toward the street, varied architectural styles, and integration of parking garages into the overall design of the project.
Architecturally, the proposed building design, scale, materials, and landscaping complement existing uses as the color palette of browns and grays mimic the colors used in the surrounding area.
In addition, the project has been designed to be sensitive to the existing topography and proximity to the 101 Freeway. Staff considers the architectural design to meet the intent of the design standards and guidelines provided in SP 20, the City’s Precise Plan of Design standards, and the 101 Freeway Design Guidelines by using unified design elements throughout the development and designing the site in a way that is compatible with the surrounding uses.
Building Height
The maximum average height allowed per SP 20 is 50 feet. The average height of the proposed structure is 33.79 feet with a maximum building height of 50 feet at the northern façade and is therefore compliant with the requirements of SP 20.
Space Allocation
The applicant is requesting a density bonus concession for the amount of structure coverage from 35 percent to 54 percent. All other areas comply with the TOMC space allocation guidelines. In addition, per SP 20, three percent of the building footprint must be dedicated to public open space. The project exceeds this requirement by more than 350 percent, providing 4,500 s.f. of public green space, playground, and walking area in the northeast corner of the property (see Figure 3).
Setbacks
The Long Court (west) side is considered the rear yard, and Moody Court (east) side is considered the front yard, per the TOMC definition of “front yard.” 2 The property lines adjacent to other parcels (to the north and south) are treated as interior side yards. However, as the proposed project fronts two streets, Long Court and Moody Court, both street frontages need to comply with the third-story average 2 The March 27, 2023 Planning Commission staff report incorrectly referred to Long Court as the front yard and Moody Court as the rear yard.
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8 10-foot setback and sidewalk requirement. As shown in Table 1, the proposed project complies with all required front, rear, and side yard setbacks, as well as the average third-floor setback requirement, as the west and east façades facing Long and Moody Courts incorporate roof decks, balconies, and a step back.
Figure 3: Site Plan
Source: Plan Sheet A1-0 dated February 27, 2023
Thousand
Oaks
Boulevard
US 101
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8 Table 1: Setbacks Required by SP 20
Yard Adjacent
Street/ Use Required Provided Third
Floor
Front
(East) Moody Court
8’ sidewalk +
10’ landscaped yard+
avg. 10’ at third floor
10’ (with 8’ sidewalk) Avg.
10’
Rear
(West) Long Court
8’ sidewalk +
10’ yard +
avg. 10’ at third floor
11’ 8” (with 5’ sidewalk
-
Waiver Requested)
Avg.
10’
Side
(North) Daycare/Vacant 4’ 54’ (at daycare) N/A
Side
(South) Office 4’ 67’ 9” N/A
The proposed project meets the required sidewalk requirement along Moody Court; however, the applicant is requesting a waiver of the sidewalk requirement along Long Court, so the existing five-foot sidewalk is retained but not expanded.
Staff recommends the approval of this request however, in order to retain the option to expand the sidewalk in the future, City staff have negotiated with the applicant to include a three-foot easement along Long Court as part of the Development Agreement (DAGR) (Attachment #2). With the acceptance of the waiver, the project meets all setbacks required by SP 20.
In addition, per TOMC Sec. 9-4.2405.5(a)(3)(iii), below-grade parking structures require increased setbacks for the front, rear, and side yards. The applicant is requesting that the five-foot increased setbacks for the front and rear yards be waived, as allowed by TOMC Sec. 9-4.2405 for General design standards of parking areas. Staff supports this waiver request as similarly increased setbacks are not normally required for residential projects with above-ground parking structures and a decreased setback allows for more direct pedestrian access to the ground floor dwelling units.
Trash Collection
The applicant is proposing a trash enclosure within the northwest and southeast corners of the parking structure. The applicant is requesting a waiver from the standard, as allowed by TOMC Sec. 9-4.904, Development standards (R-P-D), which does not allow trash enclosures within the structure, of which staff recommends approval. Per conditions of approval, the applicant is required to receive approval from the trash management company for the design and placement of the trash containers and bulky item pick up area prior to the issuance of building permits. This approval has already been obtained.
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8 Amenities and Common Open Space
The project includes on-site gathering and recreational spaces, in addition to each unit’s private balcony (57 percent of which are requested to be reduced from the required minimum area as a density bonus law-related concession). In order to preserve three of the protected oak trees on site, the northeast common open space is designed as a parklet open to residents and the public, which includes a 700 s.f. children’s play area. The courtyard located on top of the podium garage is to include a swimming pool and spa with several different seating areas and landscaping. Three roof-decks are also provided on the east and west wings of the building, each including seating areas with fire pits, landscaping, and trellises.
Indoor amenities are also provided, including spaces for a lobby, fitness area, and co-working area or other use.
Residential Unit Types and Density
The project proposes 31 one-bedroom units, and 42 two-bedroom units, including three live/work units, for a total of 73 units. Six units will be designated as affordable for households in the very-low-income category, and, as negotiated as part of the DAGR, two additional units will be designated as affordable for households in the moderate-income category (as defined by the State Department of Housing and Community Development). The live/work units, located at the northwest corner of the site, are intended to accommodate low-intensity commercial operations similar to a home-based business, which would require a home occupation permit.
Table 2 – Unit Mix
Unit Type Number
of Units
Percentage of
Total Units
Affordable Units Average Sq. Ft.
1-Bedroom 31 42.5% 3 (+1 per DAGR) 697
2-Bedroom 39 53.4% 3 (+1 per DAGR) 1,018
Live/Work 3 4.1% 0 1,300
TOTAL 73 6 (8 per DAGR) 893
The gross and net area of the subject property is 1.8 acres. Net area is normally calculated by deducting private streets from the gross area however in this case, there are no private streets. Per SP 20 and the General Plan land use designation for the site, Commercial/Residential, the maximum base density (without a density bonus) is 30 units per acre, therefore allowing 54 units on the subject site (1.8 acres x 30 units per acre = 54 units). On April 27, 2021, City Council approved a pre-screening request and initiated an amendment to the Land Use Element of the General Plan to allocate 54 residential dwelling units from citywide Measure E residential capacity to the Commercial/Residential site, in accordance with SP 20 Proposed 73-Unit Apartment Complex – Long Ct.
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8 and TOMC requirements. The proposal complies with Measure E and SP 20, subject to City Council approval of the General Plan Land Use amendment.
Density Bonus and Affordable Housing
An affordable housing agreement would establish the specific requirements to be included in the Covenant including a) that the eight affordable units are dispersed throughout the project; b) affordability level be set at the very-low-income level for six units and a moderate-income level for two units; and c) that the affordable units shall have the same standard features and amenities provided to market rate units of the same type. The restricted-income covenants are required by state law to be in effect for 55 years. However, to provide greater public benefit for the City, staff has negotiated with the applicant to increase the restricted-income covenant to 70 years as part of the DAGR.
Concessions
Per California Government Code Section 65915(d)(2)(B), the applicant is also entitled to two incentives, or concessions, for this project since the applicant is providing at least 10 percent of the base density units to very-low-income households. The two requested concessions include:
1) A 25 percent to 46 percent reduction of the 100 s.f. minimum private open space area requirement for 57 percent of units.
2) An increase from 35 percent maximum structure coverage to 54 percent.
Waivers
Per State Density Bonus Law (Government Code Section Gov. Code § 65915 et seq), if any other city or county development standard would physically prevent the project from being built at the permitted density and with the granted concessions/incentives, the developer may propose to have those standards waived or reduced. A request for a modification or waiver of a development standard does not increase or decrease the number of incentives allowed. As such, the applicant has requested the following waivers discussed throughout this report:
1) A removal of the increased front yard setback required for below-ground parking structures;
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8 2) A removal of the increased rear yard setback required for below-ground parking structures;3
3) A three-foot reduction of the eight-foot wide minimum sidewalk requirement on Long Court; and
4) Trash enclosures within the parking structure. 4
Parking Reduction Request Option
In addition, pursuant to Density Bonus Law, state Government Code Section 65915(p), the applicant could have proposed as few as 94 parking spaces however, the applicant has not made this request and is providing 13 more parking spaces than is required by SP 20.
Landscaping
Landscaping is provided throughout the open spaces, landscape buffers, and along the walkways within the site. A conceptual landscape plan has been submitted that demonstrates substantial landscaping on the site (see Sheet L-1, of the project plans, dated February 27, 2023). As seen in Table 3, the project meets the requirements of the TOMC, as proposed.
Table 3: Landscape Coverage Requirements
Landscaped Area
Requirement Project-Specific Requirement Landscaped Area Provided
10% of Paved Area 17,166 s.f. Paved Area*0.1 =
1,716.6 s.f.
25 s.f. per compact space 25 s.f. x 18 spaces = 450 s.f.
Total 2,167 s.f.
2,614 s.f.
3 The parking structure waiver requests (related to garage front and rear yard setbacks) are also allowed per TOMC Sec. 9-4.2405. General design standards of parking areas: “Every use hereby inaugurated and every building or structure hereafter erected or altered shall have permanently constructed and maintained parking facilities in accordance with the provisions as set forth in this section unless otherwise approved by the Planning Commission.” 4 The trash enclosure waiver request is also allowed per TOMC Sec. 9-4.904. Development standards (R-P-D), which includes the trash enclosure restriction... “Unless otherwise specifically waived or modified by the Commission, the following development standards are established as the minimum deemed necessary to ensure the public health, safety, and welfare within the R-P- D Zone and to accomplish the intent and purpose of this article.” Proposed 73-Unit Apartment Complex – Long Ct.
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8 Protected Trees
Thirty (30) protected trees are located on and near the site. Per the applicant’s tree report, prepared by Richard Ibarra, I.S.L.A., dated November 3, 2022, four protected trees are proposed to be removed (one coast live oak and three California sycamore trees) and 22 oak trees plus two California sycamore trees will be encroached upon, with no impact to the other two protected trees identified in the report. Each protected tree to be removed must be replaced with three trees (two 24-inch box and one 36-inch box sized trees) of the same species. The three required replacement coast live oak trees and six of the required replacement sycamore trees are to be planted on-site per the proposed landscape plan. Any trees not able to be placed on-site would be mitigated with an in-lieu fee provided to the Conejo Open Space Conservation Fund used toward acquisition of open space, as allowed by Resolution No. 2010-014 Section 5.4.
Access, Traffic, and Parking
The proposed project includes pedestrian walkways and a parklet open to residents and the public, which connect to the existing sidewalks on Long and Moody Courts. In addition, a ground-floor lobby, amenity areas, and dwelling units provide direct access to the sidewalk along both Moody and Long Courts.
Primary vehicular ingress and egress to the basement parking garage are provided from a main two-way entrance accessed from Long Court. The northern parking lot is also accessed from Long Court. The entrance to the southern surface parking lot is provided on Long Court and the exit opens onto Moody Court. As conditioned, all accessways meet the minimum design standards of the TOMC and Ventura County Fire Prevention District minimum standards.
Traffic
The Traffic Impact/Trip Generation Analysis, dated March 27, 2023, circulated as part of the supplemental packet provided to the Planning Commission, finds that traffic from the project is estimated to result in an average of 37 trips during the P.M. peak hours. The existing use is estimated to have generated 29 P.M. peak trips per hour. Standard City practice for requiring a Traffic Impact Study and City Policy for requiring a Vehicle Miles Traveled (VMT) analysis is when a project is expected to generate an additional 100 P.M. trips over the current land use. Since the proposed project’s net increase in P.M. Peak hour trips is eight trips, neither a Traffic Impact Study nor a VMT analysis is required.
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8 Parking
Sixty-eight parking spaces will be located in the garage, 11 will be provided via parallel on-street parking (as allowed per SP 20), six will be in the lower (northern) lot, which will serve the three live/work units, and 41 will be in the upper (southern) lot. In addition, infrastructure for electric vehicle charging stations and bicycle storage for tenants is proposed.
As seen in Table 4, with 31 one-bedroom units, 39 two-bedroom units, and three live/work units, the project must provide a minimum of 113 parking spaces 5. The applicant is proposing 126 total parking spaces which is 13 more than required. Of the total, 68 spaces are provided in the proposed basement parking structure, as allowed by Section 9-2405.5(a)(2)(ii), are parallel on-street parking spaces, and 47 are within the two surface lots. These include six (6) standard tandem spaces, 21 EV-Ready spaces, and five Americans with Disabilities Act (ADA) spaces. All parking space dimensions, and driveway widths meet the TOMC and ADA minimum requirements. The City has approved tandem parking for apartment buildings in the past when conditions of approval require the tandem spaces to be assigned to each residential dwelling unit to eliminate any parking conflicts.
Condition No. 45 requires the applicant to prepare a “Parking Management Program” where tandem parking spaces are assigned.
Table 4: Parking Supply and Demand
Parking Categories
Parking Ratio
Required by SP
20 # of Units Parking
Required
Parking
Provided
1 Bedroom 1.25 space/unit 31 38.75
2 Bedroom
(includes live/work
units)
1.75 spaces/unit
42 73.5
Total 112.25 (113) 126
Development Agreement
A DAGR is required for approval of projects that receive allocation of Measure E units (Attachment #2). The DAGR lists various obligations and benefits received by the parties in the Agreement. If the project is approved and constructed as proposed, the City will have 65 market-rate, six very-low-income restricted affordable, and two moderate-income restricted affordable units to add to its residential stock and count towards the current Regional Housing Needs 5 1.25 parking spaces x 31 one-bedroom units = 38.75 parking spaces. 1.75 parking spaces x 42 two-bedroom units (including the Live/Work units) = 73.5 parking spaces. 38.75 + 73.5 = 112.25, rounded up to 113 required parking spaces.
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8 Assessment (RHNA) requirements from the state. In addition, the project provides the demolition of an aging commercial site, and publicly accessible open space including a small playground. The applicant is also agreeing to extend the affordability covenant for all income-restricted units from 55 to 70 years and a three-foot easement along Long Court to provide a potential total sidewalk width of eight feet.
In return for these public benefits, the applicant receives the General Plan Amendment and the requisite Measure E unit allocation required to build the multi- family apartment development as well as the ability to defer payment of City Impact Development Fees for a period of 24 months, with a possible six-month extension.
Additional points of this Development Agreement include timelines for the construction and an outline of the project’s green initiatives.
Environmental Review
The project has been reviewed in conformance with the provisions of the California Environmental Quality Act. The project qualifies for a Class 32 (Section 15332) Categorical Exemption under the California Environmental Quality Act. Class 32 consists of in-fill projects within city limits on a project site of no more than five acres that is substantially surrounded by urban uses, has no value as habitat for endangered, rare, or threatened species, would not result in any significant effects relating to traffic, noise, air quality, or water quality and can be adequately served by all required utilities and public services. Furthermore, it has been determined that none of the six exceptions to the use of a categorical exemption applies to this project (CEQA Guidelines Section 15300.2).
In addition, the General Plan Amendment is exempt under Section 15061(b)(3) of the CEQA Guidelines, as “…CEQA applies only to projects, which have the potential for causing a significant impact on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.” In this case “the activity” is simply assigning available residential capacity to this specific parcel, which already allows residential uses per SP 20 and its General Plan Land Use designation, which is Commercial/ Residential. The act of assigning these units itself would not have an environmental impact as the General Plan overall anticipates residential capacity.
Correspondence
One letter of support was received prior to the Planning Commission hearing. The sender of that letter, Danielle Borja, Greater Conejo Valley Chamber of Commerce President also spoke in favor of the project. One additional speaker spoke in support at that hearing.
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8 To date, staff has not received any additional public correspondence in response to the project.
Conclusion
The proposed project has been designed to meet the intent of the City’s standards, codes, and policies. The proposed building design and site layout integrate well with surrounding development and have a cohesive architectural design meeting the City’s Architectural Design Guidelines. Based on the analysis and findings contained in this report, staff recommends approval of this project, subject to the conditions of approval in the attached Ordinances and Resolutions (Attachments #3 and #4).
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.
J. Implement high quality revitalization projects within Thousand Oaks Boulevard and Newbury Road Areas; Develop a pedestrian-oriented, viable, and self- sustaining "Downtown;” and, continue to support production of long-term affordable housing.
PREPARED BY: Justine Kendall, Associate Planner
Attachments:
Attachment #1 – Planning Commission Staff Report Packet of March 27, 2023
Attachment #2 – Development Agreement
Attachment #3 – (DAGR) 2022-70822-DAGR Ordinance
Attachment #4 – City Council Resolution
cdd:420-46/H:\COMMON\City Council\CC Agenda Items\2023\04252023/Long Ct/Staff Report/pz (FILE ID: 2022-70511- DAGR)