TO:Andrew P. Powers, City Manager
FROM:Kelvin Parker, Community Development Director
DATE:December 5, 2023
SUBJECT: General Plan 2045 2019-70760-GPA, Final Program Environmental Impact Report 2022-70558-EIR, 2021-2029
Housing Element 2018-70723-HSG, and Declare Initiations for Implementation
RECOMMENDATION:
1. Adopt resolution certifying the Final Program Environmental Impact Report (EIR) (SCH #2022060087) including a Mitigation Monitoring and Reporting Program, California Environmental Quality Act (CEQA) Findings of Fact, Statement of Overriding Considerations, and approve the adoption of the General Plan 2045 with revisions included in the Addenda and Errata Memo.
2. Adopt resolution approving the 2021-2029 Housing Element addressing requirements of California Government Code Section 65580 - 65589.9 et seq.
3. Adopt resolution declaring Municipal Code Amendment initiations to implement the General Plan 2045 as listed below:
a) Housing Element Re-zoning Program
b) Municipal Code Amendment (AB 1397)
c) Comprehensive Municipal Code Update
d) Update Specific Plans
e) Housing Element Program 8 Zoning Code Amendments
FINANCIAL IMPACT:
No Additional Funding Requested. Funding for the General Plan update and Municipal Code Amendments are included in the Adopted FY 2023-24 and FY 2024-25 General Fund Budget. Additional costs will be incurred through 2029 to
2019-70760-GPA, 2022-70558-EIR, 2018-70723-HSG, & Implementation Initiations December 5, 2023
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9 implement the programs contained in the 2021-2029 Housing Element, including indirect costs, primarily staff time, for processing amendments to the Municipal Code and to continue the current administration and oversight of using various funds to address the needs of lower-income households. Additional costs will be incurred through 2045 to implement the Goals of the General Plan through the General Fund Budget. Additional funds for the remaining implementation will be requested during the upcoming and future biennial budget processes.
BACKGROUND:
Introduction
The General Plan is a long-range planning and policy document that guides decision-making for future social, economic, and physical development of the City.
Its purpose is to capture the community’s vision for how the City should evolve in the years to come and put tools in place to guide development to implement the vision. The General Plan is often referred to as the “blueprint” for the community.
The City adopted its original General Plan in 1970, which was oriented on the growth of the City, and included topics for land use, circulation, and housing.
Additional elements were added several years later including noise, conservation, safety, open space, scenic highways, social, public buildings, public services, recreation, and community forest. It has not been comprehensively updated since its original adoption in 1970. Today, the community’s needs focus on sustainability and maintenance, and as a result, the General Plan 2045 addresses resilience, health, new mobility, technology, and environmental sustainability. Further, recent state legislation and revisions to the State’s General Plan Guidelines mandate that communities include a variety of new topics, including environmental justice, climate change, affordable housing, and evacuation safety in their General Plans.
The Governor’s Office of Planning and Research (OPR) recommends that General Plans be updated every 10-15 years. It is important to recognize that the General Plan is merely a framework and does not approve or allow any specific development projects. All future development projects will be required to go through the development review and approval process before being allowed to commence construction.
Planning Commission Review
The Draft General Plan 2045, Final Program EIR, and revised Housing Element were presented to the Planning Commission on November 13, 2023, for review and recommendation. The staff report for the Planning Commission meeting discussed in detail the process and components of the General Plan update, Environmental Impact Report, and the Housing Element (Attachment #1). The detailed information in the Planning Commission staff report is not replicated here; 2019-70760-GPA, 2022-70558-EIR, 2018-70723-HSG, & Implementation Initiations December 5, 2023
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9 rather, this report summarizes key topics for consideration, what transpired at the Planning Commission meeting, and the proposed actions needed to implement the General Plan and Housing Element.
During the Planning Commission public hearing, there were 17 public speakers, and 13 items of correspondence were submitted. Public comments at the meeting included comments regarding the vacant parcel along the 101 Freeway at Borchard Road (Borchard Property), planned bicycle lane configurations, and a proactive approach to historic preservation. The Planning Commission’s oral deliberations did not relate to the content of the General Plan.
The Planning Commission voted on a motion to recommend approval that did not pass with a tie vote of two to two, with one commissioner absent. No subsequent alternative motions were made or considered by the Planning Commission. Per the Thousand Oaks Municipal Code, a tie vote results in a no recommendation being referred to the City Council. As the decision was an impasse, no findings were made by the Planning Commission.
DISCUSSION/ANALYSIS:
Final Program Environmental Impact Report
The Draft Program EIR evaluates the potential adverse impacts of the implementation of General Plan 2045 and updated 2021-2029 Housing Element pursuant to the requirements of the California Environmental Quality Act (CEQA).
Since these are policy-level documents, the Program EIR evaluates a series of connected actions that will govern future activities and decisions rather than a specific development project or property. The Draft Program EIR identifies mitigation measures to minimize significant impacts to a less than significant level.
The Draft Program EIR Appendices include thorough documentation of the technical studies and surveys that provide the basis for the findings described in the Program EIR.
During the 45-day EIR review period from August 11, 2023, to September 25, 2023, staff received 43 comments, with seven provided from public agencies, and 36 from individuals, which are included in the Response to Comments (RTC).
During this period, a Virtual EIR Open House was held on September 14, 2023, to answer questions and solicit feedback. In reviewing the comments received, the environmental consultant and staff determined that the comments expressed perspective on existing language, but none offered any new evidence or evidence that any fact, analysis, or determination in the Draft Program EIR is incorrect or unsupported. Some minor revisions were made in response to the comments received and are fully outlined in the Final Program EIR (Attachment #2 – Exhibit 2019-70760-GPA, 2022-70558-EIR, 2018-70723-HSG, & Implementation Initiations December 5, 2023
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9 A). The revisions do not alter any of the conclusions of the Draft Program EIR and no new environmental impacts or mitigation measures are identified or required.
The Program EIR identifies significant and unavoidable impacts in the categories of Air Quality, Cultural Resources, Greenhouse Gas Emissions, Noise, and Transportation. These findings are not unusual for a Program EIR, which evaluates broad-based development over a longer period of time. To adopt the Program EIR and approve the General Plan 2045, City Council must adopt a Statement of Overriding Considerations (SOC), included as Attachment #2 – Exhibit B. A SOC requires that City Council specifically make findings that the General Plan includes substantial benefits that outweigh its adverse environmental impacts and as noted in Attachment #2, in balancing the benefits against the unavoidable impacts, there is substantial evidence to support a SOC in this matter. Due to the important policies implemented through a General Plan, it is very common for cities to make the findings necessary to adopt a SOC and Program EIR for a comprehensive General Plan update, specifically to achieve the significant benefits outlined in the SOC. It is also important to note that all future development projects must comply with CEQA, will also undergo environmental review, and will be required to mitigate any project-specific impacts. The SOC is included as part of the CEQA Findings.
Draft General Plan 2045
The Draft General Plan 2045 (Attachment #2 – Exhibit C) was released for public review on June 2, 2023, through September 15, 2023, and comments were submitted online through a comment form. During this time, a Community Workshop was held to provide information on the Draft General Plan on June 29, 2023, and a City Council Study Session was held on July 11, 2023. Following the close of the public comment period, staff carefully evaluated approximately 200 comments received for consistency with overall community input and direction provided by the General Plan Advisory Committee (GPAC), Planning Commission, and City Council. Proposed revisions resulting from public comments are listed in the Addenda and Errata Memo (Attachment #2 – Exhibit D) and will be incorporated into the General Plan post adoption.
2021-2029 6th Cycle Housing Element
Provided as a separate document, the 2021-2029 Housing Element is one of the eight state-mandated elements of the General Plan and serves as the primary planning guide to meet existing and projected housing needs of City residents (Attachment #3). The City’s Housing Element has met the statutory requirements for local adoption. However, final certification of the Housing Element is dependent on adoption of the General Plan, followed by the rezoning of areas identified for housing. The absence of a fully certified Housing Element results in the City being 2019-70760-GPA, 2022-70558-EIR, 2018-70723-HSG, & Implementation Initiations December 5, 2023
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9 vulnerable to litigation, fines, and ineligibility for State grants, such as the Community Development Block Grant (CDBG) and other infrastructure programs.
In addition, recently adopted State legislation increased penalties for non- compliance with housing laws.
Historic Preservation
Staff also received a comment regarding the City’s approach to Historic Preservation, including a request to create a policy that mandates regular meetings by the Cultural Heritage Board and a request for a Conejo Historical and Cultural Survey citywide. Currently, City Council serves as the Cultural Heritage Board.
The Draft General Plan includes a list of the City’s landmarks and policies related to historic preservation. Decisions pertaining to the protection of historic and cultural resources remain within the discretion of City Council. The EIR contains a mitigation measure requiring a historic analysis of any potential resources during a project consideration and therefore, creates a mechanism to evaluate potential resources and present them to decision-makers. This application of this mitigation measure would be under the direction of staff during the evaluation of projects.
The findings of any historic reports would be evaluated as part of a project’s CEQA analysis.
Voter Initiative Measure W
The citizen initiative Measure W, entitled Save Open-Space and Agricultural Resources (SOAR) and Parks Initiative (Ordinance No. 1628-NS) would be incorporated into the General Plan 2045. As required by Measure W, the General Plan must incorporate the City Urban Restriction Boundary (CURB) line and the Parks, Golf Courses, and Open Space land use designations within the City’s Planning Area. Included within the Addenda and Errata Memo are recommendations to address the components of Measure W, including the Planning Area Boundary and CURB line on Figure 4.4, adding policy referencing Appendix C for Measure W, and correcting misidentified parcels as “Parks, Golf Courses, and Open Space”.
Measure E Analysis
On October 24, 2017, City Council received and filed an analysis of the Measure E residential baseline, which resulted in a land use capacity of 81,124 units based on the residential land use designations in effect on November 5, 1996. In order to comply with Measure E, unused land use capacity in existing residential neighborhoods was redistributed and reallocated to areas with the new mixed-use land use designation, which were predominantly commercial areas. 2019-70760-GPA, 2022-70558-EIR, 2018-70723-HSG, & Implementation Initiations December 5, 2023
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9 In addition, Measure E does not allow an increase in the General Plan’s acreage for “commercial” land uses in effect on November 5, 1996, without voter approval.
The new Mixed-Use land use category serves as the community’s primary housing development strategy based on community input, endorsement of the preferred land use map, and meeting statutory housing requirements. The General Plan 2045 describes Mixed-Use as a residential designation: “The intent is to allow for single use retail areas to redevelop with higher intensity uses and to allow for more multi-family residential uses within the City. The designation is intended to allow for a diverse mix of residential and/or commercial uses.” The introduction of the Mixed-Use land use category represents a decrease in the amount of “commercial” acreage in compliance with the restrictions of Measure E.
The commercial market continues to shift away from brick and mortar to online sales and the current real estate market exhibits a decline in the production of new commercial construction. Recent project examples demonstrate that existing commercial land is being replaced mostly by residential uses within mixed-use developments. Therefore, mixed-use results in a significant reduction of commercial acreage in the community:
•325 Hampshire Road - Specific Plan for mixed-use development consisting of 420 units and 15,000 square feet on a 10.97-acre commercially zoned site.
•1872 Newbury Road - Specific Plan for a mixed-use development consisting of 218 units and a 120-room hotel on a 9.68-acre commercially zoned site. •2150 West Hillcrest Road - Specific Plan for mixed-use development consisting of 333 units and 5,300 square feet of commercial on an 8.19- acre commercially zoned site.
•299 East Thousand Oaks Boulevard - 142-unit mixed-use development with 10,000 square feet of commercial on a 3.01-acre site zoned SP-20 for the Thousand Oaks Boulevard Specific Plan.*
•1710 East Thousand Oaks Boulevard - Mixed-use development consisting of 36 units and 4,980 square feet of commercial on a 3.23-acre site zoned SP-20 for the Thousand Oaks Boulevard Specific Plan.*
* Thousand Oaks Boulevard Specific Plan zoning only allows commercial uses by- right for projects located along the Thousand Oaks Boulevard frontage. Residential capacity assigned to mixed-use projects was at the discretion of the Planning Commission or City Council.
Borchard Property
The consideration for the appropriate type of future development on the Borchard Property site was noted throughout all stages of the General Plan update. At the GPAC meetings, the GPAC and members of the public indicated support for 2019-70760-GPA, 2022-70558-EIR, 2018-70723-HSG, & Implementation Initiations December 5, 2023
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9 mixed-use and residential uses on the Borchard Property during the “area of change” mapping exercises. The community also indicated on an interactive map where future growth and change should be located and comments were placed on the Borchard Property indicating a desire for open space, multi-family housing, entertainment uses, mixed-use, and office/research and development. During the Land Use Alternatives Phase and online survey, 74 percent of the 2,127 respondents supported the proposed Mixed-Use designation. Following multiple Planning Commission and City Council Study Sessions, City Council endorsed the Preferred Land Use Map, which specifically considered Mixed-Use land use designation for the Borchard Property. Subsequently, development of the Draft General Plan, its elements, CEQA analysis, and the Housing Element were prepared and based on City Council’s endorsement of the Preferred Land Use Map.
Since consideration of the General Plan 2045 does not include or contemplate any specific project, the Land Use Policy 18.4 Borchard Property sets forth requirements for future development proposals to address the property’s characteristics. Public comments regarding the Borchard Property primarily relate to potential project-level impacts, such as flooding, traffic connections and impacts, building height, and building placement in relation to the existing neighborhood.
No project has been submitted or considered for the Borchard Property. Any future projects will be evaluated against City regulations and policies and undergo a separate CEQA analysis. The General Plan and EIR address policies and mitigation measures on a citywide and programmatic basis, not any specific project on a single parcel.
General Plan and Housing Element Initiations
California Government Code Section 65300.5 requires the General Plan and the various elements to be integrated and internally consistent. To ensure consistency with the City’s Zoning Code and General Plan, the initiation of amendments to the Municipal Code, Specific Plans, and Zoning Map are necessary to implement the General Plan 2045 and receive final certification of the Housing Element (Attachment #4). The following actions will be conducted in phases consistent with the Housing Element and General Plan implementation schedules.
Immediate implementation actions necessary to obtain Housing Element final Certification:
1)Housing Element Program 1: Complete re-zoning of sites for the Housing Element Sites Inventory and creation of a Mixed-Use zone and zoning map amendments; and
2)Housing Element Program 2: Municipal Code update to allow by-right approval of projects with 20 percent of the units for lower-income households pursuant to AB- 1397.
2019-70760-GPA, 2022-70558-EIR, 2018-70723-HSG, & Implementation Initiations December 5, 2023
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9 Short Term (1-3 years) Implementation Actions for General Plan Goals and Housing Element Programs:
1) Comprehensive Municipal Code Update
a. Revised zoning standards to be consistent with General Plan policies b. Development standards to facilitate shopping center redevelopment under Housing Element Program 5
c. Streamline Ministerial Approvals for qualifying multi-family residential projects pursuant to SB-35
2) Update Specific Plans for General Plan Consistency
a. Thousand Oaks Boulevard Specific Plan (SP-20)
b. 401 West Hillcrest (SP-17)
c. Civic Arts Plaza (SP-11)
3) Housing Element Program 8: Municipal Code Amendments a. Manufactured Homes zoning code process update
b. Density Bonus regulation pursuant to AB-2345
c. Emergency and Transitional Housing pursuant to AB-139 d. Low Barrier Navigation Center requires permitting in mixed-use and any other non-residential zones that allow multi-family housing pursuant to AB-101
e. Supportive Housing of 50 units or less be permitted by right in multi- family and mixed-use zones pursuant to AB-2162
f. Farmworker and Employee Housing pursuant to Health and Safety Code Section 17021.5 & 17021.6
g. Licensed Residential Care Facilities for seven or more pursuant to State law and fair housing requirements
h. Emergency Shelter pursuant to AB-2339
Community Outreach
Notification for this hearing, and the Planning Commission hearing, was conducted in compliance with the Thousand Oaks Municipal Code. In addition, 1,612 emails were sent to subscribers who requested to receive General Plan updates.
This project meets City Council Top Priority #7 - “Comprehensive General Plan update for FY 2023-24 to release draft General Plan document along with accompanying environmental review and complete all elements with stakeholder engagement. Present to Planning Commission and City Council for consideration.” 2019-70760-GPA, 2022-70558-EIR, 2018-70723-HSG, & Implementation Initiations December 5, 2023
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9 COUNCIL GOAL COMPLIANCE:
Meets the following City Council goals:
A. Create a more equitable, accessible, safe, welcoming, and inclusive government and community regardless of race, color, ethnicity, religion, sex, physical or mental ability, sexual orientation, gender identity and expression, age, language, education, and/or socio-economic status.
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.
D. Maintain strong commitment to public safety (including Police, Fire, Emergency Medical Services, and Emergency Management) to ensure City remains one of the safest Cities in the United States with a population over 100,000.
E. Complete ring of open space around the City; Protect and preserve ridgelines, natural habitat, and designated open space areas.
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.
G. Continue City's commitment to community and cultural programs and services (such as Performing Arts/Theatres, Libraries, TOTV, Visual Arts, Youth and Senior Programs).
H. Participate in public-private and multi-jurisdictional opportunities to ensure residents have access to high levels of parks, recreation, education and leisure programs and services.
I. Maintain a strong local employment base geared toward retaining high quality businesses; Sustain a healthy business community; and, Diversify the local economy, with a specific emphasis on small businesses and high technology/biomedical jobs.
2019-70760-GPA, 2022-70558-EIR, 2018-70723-HSG, & Implementation Initiations December 5, 2023
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9 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: Krystin Rice, Interim Planning Manager
Iain Holt, Sr. Planner
Attachments:
Attachment #1 – Planning Commission Staff Report
Attachment #2 – Resolution General Plan/Final EIR
Attachment #3 – Resolution Housing Element
Attachment #4 – Resolution Initiations
CDD:440-20\kr\H:COMMON\City Council\CC Agenda Items\2023\12052023\General Plan\Gen Plan Update 2019-70760- GPA Staff Report.docx\pz (FILE ID: 2019-70760-GPA,2022-70558-EIR,2018-70723-HSG)