T
O: Planning Commission
F
ROM: Kelvin Parker, Community Development Director
DA
TE: February 26, 2024
SUBJ
ECT: Municipal Code Amendment (MCA) 2024-70001
Zone Change (Z) 2024-70001
LO
CATION: Citywide
REQUEST:
To amend Title 9, Chapter 4 of the Thousand Oaks Municipal Code to establish a Mixed-Use zone, requirements for replacement housing, and ministerial review for qualifying affordable housing projects. A Zone Change to designate Mixed -Use Zones (MU) and Residential Planned Development Zones (RPD-10U) for housing sites as required by the 2021- 2029 Housing Element and align with the 2045 General Plan land use designations.
RECOMMENDATION:
A
dopt a Resolution based on the findings contained therein, recommending that City Council:
1. Find that the project has been determined to be within the scope of the General Plan 2045 and the 2021-2029 Housing Element Certified Program Environmental Impact Report pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15162 and Section 15168 and that none of the conditions identified in the CEQA Guidelines Section 15162 and Public Resources Code Section 21166 have been triggered for additional environmental review under the requirements of CEQA;
2 . Adopt an Ordinance approving MCA 2024-70001 amendments to Title 9 , Chapter 4 of the Thousand Oaks Municipal Code; and
3. A
dopt an Ordinance approving Z 2024- 70001 amendment to the Official Zoning Map.
ATTACHMENT #X
Rezoning Program (MCA 2024-70001, Z 2024-70001)
February 26, 2024
BACKGROUND:
6th Cycle 2021-2029 Housing Element Certification Requirements
The Housing Element is one of the mandated elements of the General Plan and serves as the primary guide to meet existing and projected housing needs of Thousand Oaks’ residents from June 30, 2021, through October 15, 2029. State law requires all jurisdictions to update and obtain certification for their Housing Elements every eight years following the State Department of Housing and Community Development (HCD) Regional Housing Needs Assessment (RHNA) allocation process. For the sixth cycle planning period, the City of Thousand Oaks was allocated 2,621 units with specific percentages assigned to different income categories.
On September 8, 2023, HCD found that the City’s Housing Element met most of the statutory requirements of State Housing Element Law. However, the element cannot be fully certified until City has: 1) completed necessary rezoning of property to address the shortfall of sites to accommodate the RHNA pursuant to Assemble Bill 1398; and 2) adopted municipal code amendments pursuant to Assembly Bill 1397. The City’s Housing Element Programs 1 and 2 addresses these implementation items.
On December 5, 2023, the City Council adopted a comprehensive update to the General Plan and a revised 2021- 2029 Housing Element. The General Plan includes several new Elements , with associated goals and policies, and an updated Land Use Map, which illustrates the types of uses and intensity of land uses within City. The adoption of the Land Use Map was a prerequisite to completing the necessary rezoning of property described above.
The rezoning of properties that were identified in the Housing Element Sites Inventory, including the mixed-use sites , mall sites , and neighborhood site, is necessary to comply with the adopted Housing Element. These sites are required to be zoned in alignment with their new Mixed- Use General Plan land use designation and to allow housing with the density and capacity identified in the Housing Element. As part of th is rezoning effort, text amendments to the Thousand Oaks Municipal Code are necessary to codify a new Mixed-Use (MU) zone with appropriate development standards and permitted uses.
On January 4, 2024, a Professional Services Agreement was completed with Michael Baker Inc. to prepare the rezoning program and develop a new Mixed-Use Zone with associated development standards.
Rezoning Program (MCA 2024-70001, Z 2024-70001)
February 26, 2024
Included within this report is the discussion/analysis for:
1) Text amendments for the proposed Mixed-Use Zone and associated development standards and permitted uses;
2) S ites to be zoned as Mixed-Use, Mixed -Use Overlay Zone and Residential Planned Development RDP-10U; and
3) T ext amendments for replacement housing and ministerial review of qualifying affordable housing projects as required by AB 1397.
The draft resolution recommending approval of the Municipal Code Amendment and Zone Change to the City Council is contained in Attachment #1.
DISCUSSION/ANALYSIS
Proposed Mixed-Use Zone (MU) and Mixed-Use Overlay Zone (MUOZ)
The proposed amendment to the Municipal Code would establish a new Mixed- Use Zone in all areas designated for Mixed- Use on the General Plan Land Use Map and as shown on the amended Zoning Map. Areas that are currently subject to a specific plan will be covered by a Mixed- Use Overlay Z one whereby all provisions of the specific plans will remain intact and in effect, except where specifically superseded by the overlay zone.
To accomplish the amendment, Article 10.5, Mixed- Use Zone (MU) would be added to Chapter 4, Zoning, of the City of Thousand Oaks Municipal Code to provide specific development standards for the Mixed- Use Zone. Development standards include the residential densities, residential floor area, non- residential floor-area-ratio, building coverage, heights, setbacks, stepbacks, building separation, ground floor windows, depth of retail, sidewalk, parking, landscaping, public exterior space, amongst other requirements.
Proposed Development Standards
The proposed Mixed-Use standards were developed based on evaluation of the parameters set forth in the General Plan Mixed-Use designation and other adopted policies related to the implementation of the land use designation. These policies relate to pedestrian orientation for buildings and parking placement, building massing or other transitions adjacent to residential neighborhoods, shared parking, and retention of existing allowed commercial uses in Mixed -Use Neighborhood Centers.
In particular, the following General Plan Land Use Element policies guided the development of the proposed Mixed-Use standards:
Rezoning Program (MCA 2024-70001, Z 2024-70001)
February 26, 2024
Citywide Urban Structure and Pattern of Development
• Policy 1.5 Mixed -use development. Allow mixed -use developments, consistent with the General Plan land use map, to support a healthy jobs/housing balance, promote walkability, and increase economic vibrancy.
• Policy 1.6 Non -residential transitions. Require transitions in building height, massing, and character for new buildings in mixed use, commercial, and industrial areas that are immediately adjacent to single- family residential areas. These transitions may include a combination of vegetation, be rms, building setbacks, upper story setbacks, and a decrease in building height.
Mixed-Use Areas
• Policy 5.3 Pedestrian -oriented design. Orient new buildings towards the primary public right -of-way and require new projects to construct sidewalks designed to accommodate street amenities and landscaping in front of the project. Encourage new project designs with the primary building entrance facing the front, instead of behind the building or from a side street.
• Policy 5.6 Shared and flexible parking. Provide measures that allow shared parking between properties and uses with different peak parking demands and flexibility in meeting parking requirements for changes of use in existing structures.
• Policy 5.7 Drive-through facilities. Restrict new drive through facilities in areas designated as Mixed- Use in order to minimize conflicts with pedestrian oriented design and promote pedestrian activity and safety.
Mixed-Use Village Centers
• Policy 20.1 Retail and services. Require that at least 50% of the existing retail square footage be incorporated when a site is redeveloped in order to ensure that retail and services remain within walking distance of residential neighborhoods.
Community Design and Public Realm
• Policy 8.8 Design of mixed -use, commercial, office and industrial areas. Design areas to be more urban in character by amending the zoning regulations, including but not limited to the following:
o Buildings sited near front lot lines by establishing maximum setbacks
o A high percentage of lot coverage
o Building facades with transparency (e.g., windows) and an active street frontage
o Parking and loading areas located behind or on the side of buildings
o Wide sidewalks with landscaping
o New street connections to create more walkable blocks Rezoning Program (MCA 2024-70001, Z 2024-70001)
February 26, 2024
The proposed development standards included as part of the Municipal Code Amendment are included in the table below and Attachment #2.
DEVELOPMENT STANDARD MU / MUOZ
Residential Density – Minimum 20 du/ac
Residential Density – Maximum 30 du/ac
Residential Floor Area – Minimum 50% in Mixed-Use Projects Residential Floor Area – Maximum 100%
Non-Residential FAR – Maximum 1.0
Building Coverage – Maximum 80%
Height – Minimum 20 feet
Height - Maximum1
50 feet
Within 50 feet of residential zone or
exclusively residential use:
30-feet from property line - 25 feet maximum
30 feet to 50 feet from property line - 45 feet
maximum
over 50 feet from property line - 50 feet
maximum
Front Sidewalk - Minimum2 15 feet
Front Sidewalk - Maximum3 30 feet
Side Setback – Minimum 20 feet from a residential zone
Rear Setback – Minimum 20 feet from a residential zone
Third Floor Setback – Minimum 10 foot average from first floor street front building façade
Building Separation – Minimum 20 feet
Minimum Ground Floor Windows
(% Ground Floor Façade)
65% for commercial or mixed-use
45% for ground floor residential
Minimum Average Depth of Retail
– Minimum 60 feet
Sidewalk Width – Minimum 15 feet from the curb
Ground Floor Plate Height –
Minimum 14 feet
Residential in Mixed -Use
Development - Minimum4 50%
Display Window Height –
Minimum 4.0 feet
Rezoning Program (MCA 2024-70001, Z 2024-70001)
February 26, 2024
Height from Adjacent Grade to
Bottom of Display Window –
Maximum
3.5 feet
Vehicular Access – Maximum 1 access point for lots < 100 feet wide; 2 access point for lots > 100 feet wide
Parking Location Side and rear yards only
Public Exterior Space – Minimum
(Commercial and Mixed-Use Projects) 3% of area of building footprint Parking and Driveway
Landscaping - Minimum (%) 10%
1 Listed height standards apply except where the previous allowed height for that lot exceeds the standards of the Mixed-Use Zone. This includes sites in the Height Limit Overlay Zone (H) or former C-4 zone noted in Sec. 9-4.307.
2 Setbacks to be measured from the back of the curb.
3 The maximum setback shall be 30 feet from the back of the curb, except that up to 40% of the lot frontage may be occupied by public courtyards, plazas, recessed entries, or driveways.
4 Mixed-use developments in the Village Centers shall retain at least 50% of existing commercial square footage pursuant to GP Policy 20.1.
The parking requirements developed for the Mixed-U se zones considered review of existing parking ratio requirements, recently approved mixed-use projects, and citywide and Thousand Oaks Boulevard Specific Plan standards.
PARKING REQUIREMENTS – MINIMUM
Retail 1/300 sf
Residential:
Studio 1.0 spaces / unit
1 Bedroom 1.0 spaces / unit
2 Bedroom 1.5 spaces / unit
3+ Bedroom 2.0 spaces / unit
Guest Parking 0.5 spaces / unit
Restaurant
1/200 for the first 2,000 square feet gross
leasable area
1/100 for greater than 2,000 square feet
gross leasable area
Medical 1/250 square feet
Outdoor Dining Area 0 spaces for the first 500 square feet 1/100 for great than 500 square feet
Gyms, Health Clubs 1/300 square feet
Exercise, Dance, Aerobics
Studios
1/75 square feet assembly
1/ 300 square feet other
Rezoning Program (MCA 2024-70001, Z 2024-70001)
February 26, 2024
On-Street Parking Along Site
Frontage
100% credit toward off -street requirement
for non- residential and residential guest
parking
Shared Parking
50% of spaces maximum to be shared,
excluding residential and lodging within a
700-foot walking distance from the
entrance(s) to the use(s) entrances that
are subject to a shared parking agreement
Proposed Mixed-Use Zone Permitted Use Matrix
The proposed amendment to the Municipal Code would also establish a new section to Article 21, Uses Allowed by Zone. A new Mixed -Use Zone Permitted Use Matrix would be added showing whether the land use categories are allowed by Development Permit, Special Use Permit (Planning Commission or Administrative), Small Wireless Facility Permit, Eligible Facilities Request Permit, or permitted by right in the Mixed- Use Zone or Mixed- Use Overlay Zone. In summary, the permitted uses in the new mixed-use areas are comparable to uses allowed within existing commercial zones, with the addition of allowing residential uses.
Rezoned Sites
A total of 453 parcels would be rezoned, of which 177 parcels would be rezoned to Mixed-Use, and 275 parcels that are part of existing Mixed- Use specific plans, would be subject to the new Mixed- Use Overlay Zone (MUOZ), with the same standards as the Mixed- Use zone. One parcel would be rezoned to Residential Planned Development ( RPD-10U). The existing zone, number of parcels, and acreage being rezoned to Mixed- Use, Mixed-Use Overlay Zone, or Residential Planned Development (RPD-10U) is summarized in the following table:
Existing Zone
Number of
Parcels Acres
Rezoned to MU
C-1 32 61.3
C-2 28 35.5
C-3 45 110.9
C-4 27 83.8
M-1 17 36.6
P-L 4 4.4
R-1 3 37.0
RPD 21 33.1
MUOZ SP 275 171.3
Rezoning Program (MCA 2024-70001, Z 2024-70001)
February 26, 2024
RPD-10U P-L 1 12.68
TOTAL 453 586.31
Notes: C-1= Neighborhood Shopping Center; C-2 = Highway and Arterial Business; C- 3 = Community Shopping Center; C -4 = Regional Shopping Center; M -1 = Industrial Park; P-L= Public, Quasi -Public, Institutional; R -1= Single- Family; RPD= Residential Planned Development; SP= Specific Plan
Zoning Map
The proposed zoning map changes apply to parcels with a General Plan Mixed- Use designation and a 12.68-acre housing site identified as Assessor Parcel Number 660-0-050-125 with a designation of Neighborhood Low Medium (>6-10 du/acre). Figures 1.1 and 1.2 below show the proposed parcels that would be rezoned to Mixed- Use, Mixed -Use Overlay Zone, and Residential Planned Development RPD-10U. The draft ordinance for the zone change is provided as Attachment #3. The track changed zoning map is attached as Attachment #4 and the final zoning map is attached as Attachment #5.
Figure 1.1 Existing to Proposed Rezones
Rezoning Program (MCA 2024-70001, Z 2024-70001)
February 26, 2024
Figure 1.2 Proposed Zoning Boundaries
AB 1397 Municipal Code Amendments
AB 1397 was adopted in September 2017 to create new state regulations related to Housing Elements, including requirements surrounding the sites inventory. In compliance with AB 1397, the proposed Municipal Code Amendments include a provision to allow ministerial approval for projects that include 20 percent of the units affordable to lower income households if the projects are located on sites that are reuse sites from the previous Housing Element cycle or sites that requi re rezoning to accommodate the lower income RHNA shortfall. This requirement applies to sites identified to meet the lower income RHNA when rezoning to make these sites available occurs after the October 15, 2021, statutory deadline.
Ministerial projects would be subject to all objective zoning standards, municipal code requirements, standard operational conditions and only require the issuance of building permits and payment of associated permit and impact fees.
AB 1397 also requires that sites demolishing existing units are subject to replacement requirements. Units that are proposed to be demolished must establish the income levels of existing tenants, and if tenants meet low- income thresholds, new low-income units of equivalent size must be built to replace those
Rezoning Program (MCA 2024-70001, Z 2024-70001)
February 26, 2024
units. Therefore, a text amendment is proposed to require the replacement of units affordable to the same or lower income level as a condition of any development on a nonvacant site consistent with those requirements set for in California Government Code Section 66300(d). Additionally, these units will be allowed to count towards the City’s recently adopted inclusionary zoning requirements.
Both t he Municipal Code Amendments for ministerial approval for qualified residential projects and replacement housing requirements are objective s under the Housing Element Program 1: Adequate Sites for RHNA and Monitoring No Net Loss and Program 2: By-Right Approval of Projects with 20 Percent of Affordable Units.
ENVIRONMENTAL REVIEW
The proposed Municipal Code Amendment and Zone Change meets the conditions as an activity being within the scope of the project covered by the General Plan 2045 and 2021-2029 Housing Element Program EIR, pursuant to CEQA Guidelines Section 15168 (California Public Resources Code 21083.3) and thus, no new environmental document would be required. Factors that a lead agency may consider in making this determination include, but are not limited to, consistency of the later activity with the type of allowable land use, overall planned density and building intensity, geographic area analyzed for environmental impacts and covered infrastructure as described in the Program EIR. If the lead agency finds that pursuant to CEQA Guidelines Section 15162, no subsequent EIR would be required, the agency can approve the activity as being within the scope of the project covered by the program EIR, and no new environmental document would be required.
Pursuant to CEQA Guidelines Section 15162 and Section 15168, City staff have determined that none of the conditions identified in CEQA Guidelines Section 15162 and Public Resources Code Section 21166 have been triggered and the proposed project is within the scope of the project covered by the Program EIR. In arriving at this conclusion City Staff considered the whole of the data presented in the General Plan 2045 and 2021- 2029 Housing Element Program EIR and the adopted Mitigation Monitoring and Reporting Program . To obtain certification of the Housing Element, the proposed Municipal Code Amendment includes statutory requirements pursuant to AB 1397 and a rezoning program. Additional information is provided in Attachment #6.
Rezoning Program (MCA 2024-70001, Z 2024-70001)
February 26, 2024
CONCLUSION
The proposed Municipal Code Amendment and Zone Change implement the measures set forth in the Council adopted General Plan 2045 and 2021 -2029 Housing Element by establishing Mixed-Use zoning standards, ministerial approval for qualified housing projects and replacement housing requirements and zoning designations for General Plan Mixed-Use areas and Housing Element sites to provide affordable housing in an effort to meeting the Regional Housing Needs Assessment for the City of Thousand Oaks. These municipal code amendments and zone changes are a necessary component towards receiv ing certification of the 2021-2029 Housing Element by HCD. Staff recommends that the Planning Commission approve the draft resolution recommending that the City Council approve MCA 202 4-70001 and Z 2024- 70001 as set forth in the attached ordinances (Attachments #2 and #3).
Prepared by: Krystin Rice, Senior Planner
Iain Holt, Senior Planner
Attachments:
Attachment #1 – Resolution Recommending Approval to City Council Attachment #2 – Municipal Code Ordinance
Attachment #3 – Zoning Map Ordinance
Attachment #4 – Proposed Change to Zoning Map with Tracked Changes Attachment #5 – Proposed Changes to Zoning Map
Attachment #6 – Project Finding within the Scope of the General Plan 2045 Certified Program EIR
CDD:660-21/kr/H:COMMON/Planning Commission/Agenda Packet/2024/2024-02-26/07A GP Mixed-Use Zoning MCA 2024-70001Staff Report/pz (FILE ID: MCA & Z 2024-70001)
ATTACHMENTS #1-6
(To the PC Meeting Report of 2/26/2024)
To avoid duplication, see Attachments #1-6 of the City Council Report of March 19, 2024.
CITY OF THOUSAND OAKS
PLANNING COMMISSION
RESOLUTION NO. 03-2024 PC
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF THOUSAND OAKS
RECOMMENDING APPROVAL OF A MUNICIPAL
CODE AMENDMENT TO THE CITY'S ZONING
REGULATIONS TO ESTABLISH THE MIXED-USE
ZONE (MU) AND MIXED-USE OVERLAY ZONE
(MUOZ), REQUIREMENTS FOR REPLACEMENT
HOUSING AND MINISTERIAL REVIEW FOR
QUALIFYING AFFORDABLE HOUSING PROJECTS,
AND AN AMENDMENT TO THE OFFICIAL ZONING
MAP BY CHANGING ZONING CLASSIFICATIONS
TO MIXED-USE ZONE (MU), MIXED-USE OVERLAY
ZONE (MUOZ) AND RESIDENTIAL PLANNED
DEVELOPMENT (RPD-10U) FOR HOUSING SITES
AS REQUIRED BY THE 2021-2029 HOUSING
ELEMENT AND ALIGN WITH THE 2045 GENERAL
PLAN LAND USE DESIGNATIONS.
Applications: MCA 2024-70001, Z 2024-70001
Applicant: City of Thousand Oaks
Location: Citywide
SECTION 1
The Planning Commission of the City of Thousand Oaks, California DOES RESOLVE AS FOLLOWS:
WHEREAS, on December 5, 2023, the City of Thousand Oaks City Council adopted the Thousand Oaks 2045 General Plan and revised 6th Cycle Housing Element (2021-2029), which includes Goals and Policies to adopt Mixed-Use zoning standards and designations in order to facilitate opportunities for housing development;
cdd:660-21\H:COMMON\Planning Commission\Agenda Packet\202412024-02-26107A GP Mixed Use Zoning MCA 2024- 70001 Attach 1\pz (FILE ID: MCA 2024-70001, Z 2024-70001)
WHEREAS, the City of Thousand Oaks City Council adopted Resolution No. 2023-067 initiating Municipal Code Amendments (MCA) and a Re-zoning Program to implement the Thousand Oaks 2045 General Plan and 6th Cycle Housing Element (2021-2029);
WHEREAS, the City's adopted Housing Element requires rezoning of properties with a Mixed-Use land use designation and 12.68 acres of Neighborhood Low Medium identified as Assessor Parcel Number 660-0-050-125 to provide appropriate zoning for the housing site inventory needed to meet the City's Regional Housing Need Assessment (RHNA) allocation for the City; WHEREAS, the City's Housing Element Programs 1 and 2 require Municipal Code amendments mandating replacement housing for development and ministerial review for qualifying affordable residential projects to be consistent with State Housing Element Law as required by AB 1397;
WHEREAS, the project is within the scope of the General Plan 2045 and the 2021-2029 Housing Element Certified Program Environmental Impact Report and shall not require additional environmental review pursuant to the California Environmental Quality Act (CEQA);
WHEREAS, the Planning Commission, upon giving the required notice, did, on the 26th day of February 2024, conduct a duly-advertised public hearing as prescribed by law to consider said Amendments; and
WHEREAS, at the February 26, 2024, Planning Commission 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.
NOW, THEREFORE, BE IT RESOLVED that said MCA-2024-70001 and Z- 2024-70001 are recommended to City Council for approval.
SECTION 2
WHEREAS, the findings of the Planning Commission for recommending approval of said Municipal Code Amendment application MCA 2024-70001 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 ).
cdd:660-21\H:COMMON\Planning Commission\Agenda Packet\2024\2024-02-26\07A GP Mixed Use Zoning MCA 2024- 70001 Attach 1\pz (FILE ID: MCA 2024-70001, Z 2024-70001)
The proposed Municipal Code Amendment is consistent with the following Goal and Policies of the General Plan 2045 and Goals and Programs of the 2021-2029 Housing Element because City is using Mixed-Use Zone and Mixed-Use Overlay Zone, replacement housing requirements and ministerial review for qualifying affordable residential projects as appropriate tools to help ensure that mixed-use development contribute towards the production of affordable housing to meet the needs of the community and the City's Regional Housing Needs Assessment allocation.
General Plan 2045
Goal LU-1: Create a land use pattern of development that preserves existing neighborhoods while providing opportunities for targeted infill projects in strategic locations to enhance the quality of life, preserve the natural environment, and ensure the long-term fiscal viability of Thousand Oaks.
• Policy 1.5 Mixed-use development. Allow mixed-use
developments, consistent with the General Plan land use map, to support a healthy jobs/housing balance, promote walkability, and increase economic vibrancy.
• Goal LU-5: Enhance quality of life, enable active modes of transportation, and provide housing opportunities with vibrant mixed use areas.
2021-2029 Housing Element
Goal 1: Provide a wide range of housing opportunities for persons of all income levels.
Program 1: Adequate Sites for RHNA and Monitoring of No Net Loss Objectives and Timeframe
• Amend the Zoning Code by December 2024 to require replacement housing as a condition of project approval on sites with existing residential units.
• Develop implementing zoning standards by December 2024.
Appropriate zoning standards (setbacks, height, open space, and parking) will be established to adequately facilitate the development of housing at the allowable densities as set forth in the General Plan. cdd:660-21\H:COMMON\Planning Commission\Agenda Packet\2024\2024-02-26\07A GP Mixed Use Zoning MCA 2024- 70001 Attach 1\pz (FILE ID MCA 2024-70001, Z 2024-70001)
Program 2: By-Right Approval of Projects with 20 Percent Affordable Units
• Amend the Zoning Ordinance to provide by-right approval without discretionary review pursuant to AB 1397.
Therefore, the proposed MCA is consistent with City's adopted General Plan 2045 and 2021-2029 Housing Element and meets this finding.
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).
The proposed MCA is compliant with all applicable laws, regulations, and policies as the project consists of regulatory amendments to create a Mixed Use zone and Mixed-Use Overlay Zone, replacement housing requirements and ministerial review for qualifying affordable residential projects in order create consistency between General Plan Policy and the Municipal Code, and compliance with Housing Element Law, specifically AB1397.
Therefore, the proposed MCA is consistent with all applicable laws, regulations, and policies and meets this finding.
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 introduces Mixed-Use zoning to require new development to contribute towards the production of affordable housing.
There is no associated physical development proposed as part of this Municipal Code Amendment. Any new construction or major alteration/addition that would be subject to the adoption of this Ordinance and is required to undergo its own separate review, as part of the City's Development Permit process.
Therefore, the proposed project will not be detrimental to the public health, safety or general welfare and meets this finding.
4. "The project has been reviewed in conformance with the provisions of the California Environmental Quality Act" per TOMC Sec. 9-4.2803(4 ). cdd:660-21\H:COMMON\Planning Commission\Agenda Packetl2024\2024-02-26107A GP Mixed Use Zoning MCA 2024- 70001 Attach 1\pz (FILE ID: MCA 2024-70001, Z 2024-70001)
The proposed project meets the conditions as an activity being within the scope of the project covered by the General Plan 2045 and the 2021-2029 Housing Element Program EIR, pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15168 (California Public Resources Code 21083.3) and thus, shall not require additional environmental review under the requirements of CEQA.
Pursuant to CEQA Guidelines Section 15162 and Section 15168, City, has determined that none of the conditions identified in CEQA Guidelines Section 15162 and Public Resources Code Section 21166 have been triggered and the proposed project is within the scope of the project covered by the program EIR.
SECTION 3
WHEREAS, the findings of the Planning Commission for recommending approval of said Zone Change application Z 2024-70001 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 ).
The proposed amendments to the Zoning Map are consistent with and reflective of the General Plan's goals, policies, and intent to encourage orderly growth and development in a manner that preserves the public's health, safety, and welfare because it addresses changes that have occurred in the City's housing needs by implementing the goals and programs contained in the adopted Housing Element. Additionally, the amendments are in line with the lots identified for rezoning in the Housing Element and to align properties with their General Plan land use designation. The proposed amendments are consistent with the following Thousand Oaks General Plan Goals and Policies and 2021-2029 Housing Element Program and objectives:
General Plan 2045
Goal LU-1: Create a land use pattern of development that preserves existing neighborhoods while providing opportunities for targeted infill projects in strategic locations to enhance the quality of life, preserve the natural environment, and ensure the long-term fiscal viability of Thousand Oaks.
cdd:660-21\H:COMMON\Planning Commission\Agenda Packet\2024\2024-02-26\07A GP Mixed Use Zoning MCA 2024- 70001 Attach 1\pz (FILE ID MCA 2024-70001, Z 2024-70001)
• Policy 1.5 Mixed-use development. Allow mixed-use
developments, consistent with the General Plan land use map, to support a healthy jobs/housing balance, promote walkability, and increase economic vibrancy.
Goal LU-5: Enhance quality of life, enable active modes of transportation, and provide housing opportunities with vibrant mixed-use areas. • Policy 5. 1 Mixed-use development. Actively encourage vertical or horizontal mixed-use development projects, especially in areas with underperforming retail and service uses.
• Policy 5.4 Residential infill within commercial shopping centers.
Encourage infill residential development on underutilized parking lots in mixed-use areas while also maintaining the site's retail and commercial activity.
Implementation Action LU-A.2 Create New Mixed-Use zoning district. 2021-2029 Housing Element
Goal 1: Provide a wide range of housing opportunities for persons of all income levels.
Program 1: Adequate Sites for RHNA and Monitoring of No Net Loss Objectives and Timeframe
• By December 2024, develop implementing development standards that will allow the achieving of maximum allowable densities in the respective zones.
Therefore, the proposed Zone Change is consistent with City's adopted General Plan 2045 and 2021-2029 Housing Element and meets this finding.
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).
cdd:660-21\H:COMMON\Planning Commission\Agenda Packet\2024\2024-02-26\07A GP Mixed Use Zoning MCA 2024- 70001 Attach 1\pz (FILE ID: MCA 2024-70001, Z 2024-70001)
The proposed amendments to the Zoning Map are compliant with all applicable laws, regulations, and policies as the project consists of regulatory amendments to the Zoning Map to implement the General Plan 2045 land use policies for the Mixed-Use and Neighborhood Low Medium land use designations through designating housing sites with a Mixed-Use zone, Mixed-Use Overlay Zone and Residential Planned Development 10 units to the acre.
Therefore, the proposed Zone Change is consistent with all applicable laws, regulations, and policies and meets this finding.
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 amendments to the Zoning Map to add the Mixed-Use Zone, Mixed-Use Overlay Zone and Residential Planned Development (RPD- 1 OU) Zone will not be detrimental to the public health, safety or general welfare because they are implementing the land use policies for the Mixed Use and Neighborhood Low Medium designations of the adopted General Plan 2045 and for the housing sites in the 2021-2029 Housing Element.
There is no associated physical development proposed as part of this amendment to the Zoning Map. Any new construction or major alteration/addition that would be subject to the adoption of this zone change is required to undergo its own separate review as part of the City's Development Permit process.
Therefore, the proposed project will not be detrimental to the public health, safety or general welfare and meets this finding.
4. "The project has been reviewed in conformance with the provisions of the California Environmental Quality Act" per TOMC Sec. 9-4.2803(4).
The proposed project meets the conditions as an activity being within the scope of the project covered by the General Plan 2045 and the 2021-2029 Housing Element Program EIR, pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15168 (California Public Resources Code 21083.3) and thus, shall not require additional environmental review under the requirements of CEQA.
cdd:660-21\H:COMMON\Planning Commission\Agenda Packet\2024\2024-02-26\07A GP Mixed Use Zoning MCA 2024- 70001 Attach 1\pz (FILE ID: MCA 2024-70001, Z 2024-70001)
Pursuant to CEQA Guidelines Section 15162 and Section 15168, City, as the lead agency, has determined that none of the conditions identified in CEQA Guidelines Section 15162 and Public Resources Code Section 21166 have been triggered and the proposed project is within the scope of the project covered by the program EIR.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends that City Council approve the Municipal Code Amendment (MCA) 2024-70001 and Zone Change (Z) 2024-70001 set forth and attached hereto and made a part hereof.
I HEREBY CERTIFY that the foregoing resolution reflects action taken by the Planning Commission of the City of Thousand Oaks at a regular meeting held on the 26th day of February 2024, by the following vote:
AYES: Commissioners Tyler Ketelhut, Link, McMahon, and
Chair Lanson
NOES: None
ABSENT: Commissioner Farris
ABSTAIN: None
Fabiola Zelaya-Mel ch
Planning Commission
cdd:660-21\H:COMMON\Planning Commission\Agenda Packet\2024\2024-02-26\07A GP Mixed Use Zoning MCA 2024- 70001 Attach 1\pz (FILE ID MCA 2024-70001, Z 2024-70001)
EXHIBIT A
DRAFT
ORDINANCE NO. - - - - -
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF THOUSAND OAKS AMENDING THE
THOUSAND OAKS MUNICIPAL CODE BY
MODIFYING SECTION SEC. 9-4.301 AND Sec. 9-
2816, AND ADDING SECTIONS SEC. 9-4.310,
ARTICLE 10.5, SEC. 9-4.2104.5, and SEC. 9-4.2529
TO ESTABLISH MIXED-USE ZONING
REGULATIONS AND AS REQUIRED BY THE 2021-
2029 HOUSING ELEMENT (MCA-2024-70001)
The City Council of the City of Thousand Oaks does hereby ordain as follows:
Part 1
Title 9, Chapter 4, Article 3, Establishment and Designation of Zones of the Thousand Oaks Municipal Code, Section 9-4.301 Use Zones is hereby amended to add a new Mixed-Use (MU) and Mixed-Use Overlay (MUOZ) zones as follows:
MU/MUOZ Mixed-Use and Mixed-Use Overlay Zones
Part 2
Title 9, Chapter 4, Article 3, Establishment and Designation of Zones of the Thousand Oaks Municipal Code, is hereby amended to add a new Section 9-4.310 Mixed-Use Overlay (MUOZ) zone, as follows:
Sec. 9-4.310. Mixed-Use Overlay Zone (MUOZ).
There is hereby established the Mixed-Use Overlay Zone (MUOZ) that provides an overlay zone within any existing specific plan areas wherein properties so zoned are identified as parcels allowing a mix of commercial and residential uses.
The development of land within the MUOZ shall conform to the regulations of the underlying specific plan except where specifically superseded by Article 10.5 of this chapter.
Part 3
Title 9, Chapter 4 Zoning is hereby amended to add a new Article 10.5 Mixed Use Zones (MU) and Mixed-Use Overlay Zones (MUOZ), as follows:
cdd:660-21\H:COMMON\Planning Commission\Agenda Packet\2024\2024-02-26\07A GP Mixed Use Zoning MCA 2024- 70001 Attach 1\pz (FILE ID: MCA 2024-70001, Z 2024-70001)
Article 10.5 Mixed-Use (MU) and Mixed-Use Overlay (MUOZ) Zones Sec. 9-4.1050 Purpose (MU/MUOZ).
The MU or Mixed-Use Zone and the MUOZ or Mixed-Use Overlay Zone are intended to provide a method by which land located in the zone may be designed and developed for both commercial and residential uses compatible and harmonious with the existing or potential development of adjacent areas. This zone will be implemented on all parcels designated as Mixed-Use per the zoning map.
For areas where there is an existing specific plan, the Mixed-Use Zone is applied as a Mixed-Use Overlay Zone (MUOZ). The Mixed-Use Overlay Zone standards supersede the specific plan standards. The specific plan standards still apply except where specifically modified by the Mixed-Use Overlay Zone.
Sec. 9-4.1051 Permitted uses (MU/MUOZ).
Only the uses identified in Article 21 of this chapter as being permitted in the Mixed Use Zone (MU) and Mixed-Use Overlay Zone (MUOZ) shall be established or maintained on property located therein, subject to the limitations, general provisions, and exceptions set forth in said Article 21.
Sec. 9-4.1052 Development Standards (MU/MUOZ).
Unless otherwise specifically waived or modified by the Planning Commission, the following development standards are established as the minimum deemed necessary to ensure the public health, safety, and welfare within the MU Zone and MUOZ Zone and to accomplish the intent and purpose of this article:
DEVELOPMENT STANDARD MU/ MUOZ
Residential Density - Minimum 20 du/ac
Residential Density - Maximum 30 du/ac
Residential Floor Area - Minimum 50% in Mixed-Use Projects Residential Floor Area - Maximum 100%
Non-Residential FAR - Maximum 1.0
Building Coverage - Maximum 80%
Height - Minimum 20 feet
50 feet
Within 50 feet of residential zone or
Height - Maximum1 exclusively residential use:
30-feet from property line - 25 feet
maximum
30 feet to 50 feet from property line -
cdd:660-21\H:COMMON\Planning Commission\Agenda Packet\2024\2024-02-26\07A GP Mixed Use Zoning MCA 2024- 70001 Attach 1\pz (FILE ID: MCA 2024-70001, Z 2024-70001)
45 feet maximum
over 50 feet from property line - 50 feet
maximum
Front Setback - Minimum2 15 feet
Front Setback - Maximum3 30 feet
Side Setback - Minimum 20 feet from a residential zone
Rear Setback - Minimum 20 feet from a residential zone
Third Floor Setback - Minimum 10 foot average from first floor street front building facade
Building Separation - Minimum 20 feet
· Minimum Ground Floor Windows 65% for commercial or mixed-use (% Ground Floor Facade) 45% for qround floor residential Minimum Average Depth of Retail - 60 feet Minimum
Sidewalk Width - Minimum 15 feet from the curb
Ground Floor Plate Height - 14 feet Minimum
Residential in Mixed-Use 50% Development - Minimum4
Display Window Heiqht - Minimum 4.0 feet
Height from Adjacent Grade to
Bottom of Display Window- 3.5 feet
Maximum
Vehicular Access - Maximum 1 access point for lots < 100 feet wide; 2 access point for lots > 100 feet wide
Parking Location Side and rear yards only
Public Exterior Space - Minimum
(Commercial and Mixed-Use 3% of area of building footprint Projects)
Parking and Driveway Landscaping 10% - Minimum (%)
PARKING REQUIREMENTS - MINIMUM
Retail 1/300 sf
Residential:
Studio 1.0 spaces / unit
1 Bedroom 1.0 spaces/ unit
2 Bedroom 1.5 spaces/ unit
3+ Bedroom 2.0 spaces/ unit
Guest Parking 0.5 spaces/ unit
1 /200 for the first 2,000 square feet
Restaurant gross leasable area
1/100 for greater than 2,000 square
feet gross leasable area
cdd:660-21\H:COMMON\Planning Commission\Agenda Packetl202412024-02-26\07A GP Mixed Use Zoning MCA 2024- 70001 Attach 1\pz (FILE ID: MCA 2024-70001, Z 2024-70001)
Medical 1 /250 square feet
Outdoor Dining Area 0 spaces for the first 500 square feet 1/100 for qreat than 500 square feet
Gyms, Health Clubs 1 /300 square feet
Exercise, Dance, Aerobics Studios 1 /75 square feet assembly 1 / 300 square feet other
On-Street Parking Along Site 100% credit toward off-street requirement for non-residential and Frontage residential guest parking 50% of spaces maximum to be shared,
within a 700 foot walking distance from
Shared Parking the entrance(s) to the use(s) entrances
that are subject to a shared parking
agreement
1 Listed height standards apply except where the previous allowed height for that lot exceeds the standards of the Mixed-Use Zone. This includes sites in the Height Limit Overlay Zone (H) or former C-4 zone noted in Sec. 9-4.307. 2 Setbacks to be measured from the back of the curb.
3 The maximum setback shall be 30 feet from the back of the curb, except that up to 40% of the lot frontage may be occupied by public courtyards, plazas, recessed entries, or driveways.
4 Mixed-use developments in the Village Centers shall retain at least 50% of existing commercial square footage pursuant to GP Policy 20.1.
Part 4
Title 9, Chapter 4 Article 21, Uses Allowed by Zone is hereby amended to add a new Section 9-4.2104.5 Permitted Use Matrix - Mixed-Use (MU) and Mixed Use Overlay (MUOZ) zones, as follows:
Sec. 9-4.2104.5. Permitted Use Matrix - Mixed-Use Zones and Mixed-Use Overlay Zones.
Zoning Classification
Land Use Category
MU/MUOZ
Animal Care Uses
Veterinary offices in enclosed building with no boarding DP Veterinary hospitals and clinics, small animals (includes SUPA boardinq), subject to limitations of Sec. 9-4.2106(p) Community Care Uses
Assisted living facilities SUPA
cdd:660-21\H:COMMON\Planning Commission\Agenda Packet\2024\2024-02-26\07A GP Mixed Use Zoning MCA 2024- 70001 Attach 1\pz (FILE ID: MCA 2024-70001, Z 2024-70001)
Zoning Classification
Land Use Category
MU/MUOZ
Day nurseries ( child care centers) DP
Emergency shelters, subject to limitations of Sec. 9-4.2106(r) p Residential Care Facilities (Large) per limitations in Sec. 9- SUPA 4.2106(d) Eating & Drinking Establishments
Restaurants, cafes, coffee shops, and other specialized food and beverage service establishments (e.g., beverages, pastry, DP/SUP1 desserts, fast food) without alcoholic beverage consumption (up to 0.5% alcohol by volume)
Restaurants, cafes, and other specialized food service
establishments with alcoholic beverage consumption (greater SUPA/SUP2 than 0.5% alcohol by volume)
Restaurants, cafes, and other specialized food service SUP establishments, with dancing or live entertainment Notwithstanding any other provision to the contrary, any business otherwise permitted in the zone that is wholly or incidentally SUPA/SUP2 engaged in the on- premises sale and consumption of alcoholic beveraqes
Educational Uses
College and university extension classrooms and offices SUPA Dancing schools and studios
Less than 10,000 sq. ft. DP
10,000 sq. ft. or more DP
Martial arts studios
Less than 10,000 sq. ft. DP
10,000 sq. ft. or more DP
Music schools DP
Trade and training schools, per limitations of Sec. 9-4.2106(t) if DP in C-4 zone Industrial Uses
Alcoholic beverage production and storage - with incidental DP/SUPA3 tastinq, food service and retail sales
Institutional and Civic Uses
Clubs and lodges, private SUPA
Libraries, branch, operated by a public agency SUPA
Places of worship (religious facilities) DP/SUP
Medical and dental offices, including urgent care DP
Medical and dental laboratories DP
cdd:660-21\H:COMMON\Planning Commission\Agenda Packet\202412024-02-26\07A GP Mixed Use Zoning MCA 2024- 70001 Attach 1\pz (FILE ID MCA 2024-70001, Z 2024-70001)
Zoning Classification
Land Use Category
MU/MUOZ
Miscellaneous Uses
Any other use determined by Planning Commission to be within SUP qeneral purpose and intent of the applicable zone Caretaker or proprietor living quarters p
Outdoor barbeques in conjunction will 1 a per nutted and related DP commercial operation (e.q. restaurants, meat markets) Resource collection receptacles (recyclables) DP
Other Uses (Non-Medical)
Administrative, business and professional offices DP
Banks and similar financial services DP
Newspaper offices and plants DP
Personal and General Services
Appliance and electronic repair DP
Copying and reproduction services, including print shops DP Health clubs, fitness studios, gymnasiums:
Less than 10,000 sq. ft. gross floor area (GFA) SUPA
10,000 sq. ft. GFA or more SUP
Household maintenance and repair services (e.g., shoe repair, DP tailor shop, locksmith, frarninq, watch repair) Laundry (including laundromats) and dry cleaning DP establishments Personal care establishments (e.g., barbershops, beauty shops, DP nail salons, tanninq salons, day spa) Postal box and mailing services DP
Wedding chapels SUPA
Protected Ridgeline Overlay (PR) Zone Standards
Waiver or modification of PR overlay zone standards, per SUP limitations of Sec. 9-4.2106(f) Recreational and Open Space Uses
Arcades SUPA
Billiard and pool halls DP
Bowling alleys SUPA
Live entertainment venues SUPA
Parks and playgrounds DP
cdd:660-21\H:COMMON\Planning Commission\Agenda Packet\2024\2024-02-26\07A GP Mixed Use Zoning MCA 2024- 70001 Attach 1\pz (FILE ID: MCA 2024-70001, Z 2024-70001)
Zoning Classification
Land Use Category
MU/MUOZ
Skating rinks, indoor SUPA
Theaters, indoor DP
Residential
Mixed-Use DP
Multi-Family Residential DP
Retail Commercial Uses
Antique stores DP
Apparel stores DP
Art and crafts studios and galleries DP
Bakeries DP
Bookstores DP
Confectionary stores DP
Consumer electronics and appliances sales and services DP Department stores DP
Dress-making shops DP
Drugstores, pharmacies DP
Food markets (e.g., grocery store, supermarket, meat markets DP and other specialty types) Florist shops DP
Furniture stores DP
Garden centers DP
Hardware stores DP
Home decor shops and studios DP
Jewelry stores DP
Junior department stores DP
Liquor stores SUP
Newsstands DP
Pet shops, including grooming services DP
Retail stores with large showrooms for display of bulk goods (e.g., DP furniture, carpet, major appliance, and similar products) Retail stores not otherwise listed, per limitations of Sec. 9- DP 4.2106(v) cdd:660-21\H:COMMON\Planning Commission\Agenda Packet\2024\2024-02-26\07A GP Mixed Use Zoning MCA 2024- 70001 Attach 1\pz (FILE ID: MCA 2024-70001, Z 2024-70001)
Zoning Classification
Land Use Category
MU/MUOZ
Transient Lodging Uses
Hotels and motels DP
Utility & Communication Uses
Wireless communications facilities 4 SUPA
Small wireless facilities SWF
Eligible facilities requests (6409(a)) EFR
Vehicle Related Uses
Transportation facilities SUPA
1 SUP required for drive through facilities.
2 SUPA if no live entertainment is to be conducted on the premises; if live entertainment is to be conducted, then the SUP requires Planning Commission review (SUP).
3 SUPA required for up to a maximum 20,000 square feet in size with alcohol tasting.
4 Wireless communications facilities that do not meet the definition of small wireless facilities or eligible facilities requests.
Part 5
Title 9, Chapter 4, Article 28 is hereby amended to add a new Section 9-4.2816 Administrative Permits as follows:
9-4.2816: Exempt Housing Projects
The following housing projects are exempt from all discretionary land use entitlement review process required by Article 21. Uses Allowed by Zone and are only required to obtain building permits, grading permits, landscape plan checks and other ministerial associated permits, after a Zoning Clearance has been issued by the Community Development Department:
(a) Housing projects with at least 20 percent of the units affordable to lower income households if the projects are located on Regional Housing Needs Assessment (RHNA) sites that are either reuse sites from the previous Housing Element cycle or required rezoning to accommodate the lower income RHNA shortfall as detailed in the City of Thousand Oaks' 2021-2029 Housing Element Appendix C.
cdd:660-21\H:COMMON\Planning Commission\Agenda Packet\2024\2024-02-26\07A GP Mixed Use Zoning MCA 2024- 70001 Attach 1\pz (FILE ID: MCA 2024-70001, Z 2024-70001)
These housing projects exempt from discretionary land use entitled review process are subject to ministerial review to confirm exempt status including compliance with the applicable standards of the Zoning Regulations and appropriate operational conditions. Ministerial actions are not appealable.
Part 6
Title 9, Chapter 4, Article 25 is hereby amended to add a new Section 9-4.2529 Replacement Housing Requirement and Occupant Protections as follows:
Sec. 9-4.2529 Replacement Housing Requirements and Occupant Protections
This section shall apply only to housing development projects that: (1) on or after January 1, 2022, but before January 1, 2030, submit a complete application or a complete set of building plans for plan check and permit to the Community Development Department, along with any associated submittal fee; or (2) on or after the effective date of this article, receive an approval of a complete application that was submitted to the Community Development Department on or after January 1, 2020, but before January 1, 2022. This article does not apply to a housing development project that submitted a complete application to the Community Development Department before January 1, 2020.
Replacement Requirements and Occupant Protections:
(a) The City shall not approve or issue a building permit for a housing development project that will require the demolition of one or more residential dwelling units unless the project will create at least as many residential dwelling units of equivalent size as will be demolished. (b) The City shall not approve or issue a building permit for a housing development project that will require the demolition of occupied or vacant protected units, unless the housing development project meets all of the requirements of California Government Code Section 66300(d). (c) The following words and phrases, whenever used in this section, shall be defined as the following:
"Complete application" refers to a complete application pursuant to Section 65943 of the California Government Code.
"Equivalent size" means that the replacement units contain at least the same total number of bedrooms as the units being replaced.
cdd:660-21\H:COMMON\Planning Commission\Agenda Packet\2024\2024-02-26\07A GP Mixed Use Zoning MCA 2024- 70001 Attach 1\pz (FILE ID MCA 2024-70001, Z 2024-70001)
"Housing development project" shall have the same meaning as defined in paragraph (3) of subdivision (b) of Section 65905.5 of the California Government Code, however, shall not include a housing development project located within a very high fire hazard severity zone.
"Protected units" has the same meaning as set forth in California Government Code Section 66300(d)(2).
"Very high fire S8V8tily Lurie" has the same meaning as provided in California Government Code Section 51177.
(d) lnclusionary Housing or Density Bonus. Affordable replacement units required by this Section may count toward any affordable housing set-aside units required in connection with the granting of a density bonus, or the requirements of the City's inclusionary housing program, if applicable. ( e) The affordable replacement units shall be subject to a recorded affordability housing agreement consistent with Section 9-10.601 of the Thousand Oaks Municipal Code.
(f) Severability. If any provision of this article is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, that invalidity shall not affect the remaining provisions of this article which can be implemented without the invalid provisions, and to this end, the provisions of this article are declared to be severable. The City Council hereby declares that it would have adopted this article and each provision thereof irrespective of whether any one or more provisions are found invalid, unconstitutional or otherwise unenforceable.
(g) This article shall remain effective despite the possible expiration of Government Code Section 66300.
(h) A housing development project that submits a preliminary application pursuant to Section 65941.1 of the California Government Code before January 1, 2030, remains subject to this article after January 1, 2030.
Part 7
(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; cdd:660-21\H:COMMON\Planning Commission\Agenda Packet\2024\2024-02-26\07A GP Mixed Use Zoning MCA 2024- 70001 Attach 1\pz (FILE ID: MCA 2024-70001, Z 2024-70001)
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 8
(Uncodified)
Effective Date
This Ordinance shall take effect on the thirty-first (31st) day following its final passage and adoption.
PASSED AND ADOPTED this xx" day of XXX, 2024 by the following vote:
Al Adam, Mayor
City of Thousand Oaks, California
ATTEST:
Laura B. Maguire, City Clerk
APPROVE AS TO FORM: APPROVE AS TO ADMINISTRATION:
Tracy M. Noonan, City Attorney 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\H:COMMON\Planning Commission\Agenda Packetl2024\2024-02-26\07A GP Mixed Use Zoning MCA 2024- 70001 Attach 1\pz (FILE ID: MCA 2024-70001, Z 2024-70001)
EXHIBIT B
DRAFT
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF THOUSAND OAKS AMENDING THE
THOUSAND OAKS MUNICIPAL CODE RELATING
TO THE OFFICIAL ZONING MAP BY CHANGING
THE ZONING CLASSIFICATION OF CERTAIN
PROPERTIES TO MIXED-USE (MU), MIXED-USE
OVERLAY ZONE (MUOZ), AND RESIDENTIAL
PLANNED DEVELOPMENT (RPD-1 OU) TO ALIGN
WITH THE GENERAL PLAN LAND USE
DESIGNATIONS (Z 2024-70001)
The City Council of the City of Thousand Oaks does hereby ordain as follows:
Part I
Pursuant to Title 9 Zoning Map of the City of Thousand Oaks Municipal Code, the Official Zoning Map is amended as follows:
Thousand Oaks Official Zoning Map
The land and other property shown upon the map, attached hereto as Exhibit A and incorporated herein by reference, are zoned according to the zone classification symbols indicated on said map, changing the zoning of certain properties to Mixed-Use (MU), Mixed-Use Overlay Zone (MUOZ), and a 12.68 acre site identified as Assessor Parcel Number 660-0-050-125 to Residential Planned Development (RPD-1 OU) to align with the General Plan Land Use Designation.
Part 2
(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 anyone or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
cdd:660-21\H:COMMON\Planning Commission\Agenda Packet\2024\2024-02-26\07A GP Mixed Use Zoning MCA 2024- 70001 Attach 1\pz (FILE ID: MCA 2024-70001, Z 2024-70001)
Part 3
(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, 2024, by the following vote:
Ayes:
Noes:
Absent:
Al Adam, Mayor
City of Thousand Oaks City Council
ATTEST/CERTIFY:
Laura B. Maguire, City Clerk
City of Thousand Oaks City Council
Date Attested: - - - - - - -
APPROVED AS TO FORM:
Office of the City Attorney
Tracy M. Noonan, City Attorney
APPROVED AS TO ADMINISTRATION:
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\H:COMMON\Planning Commission\Agenda Packet\2024\2024-02-26107A GP Mixed Use Zoning MCA 2024- 70001 Attach 1\pz {FILE ID: MCA 2024-70001, Z 2024-70001)
EXHIBIT A
Z 2024-70001
Citywide
Existing Zoning with Proposed Changes
Legend
Zon!ng Categories
Ncighbolhood Sl10ppil'l9 Ccn!er C·J
Highw-,yi'lll<!Art(....,al 1kr,.111e.sc-2
• Commi.mity Shoppng Cenlei C l
- Rl!glon.,I ShOPP,1'19 U'fl:rr C·~
• Cmnmero.,1 P!armo;d ~ CPO
rla t1!1t;.idel'l.w1ned ~ 1iei( liPO
- Jr.:M.trla1P3rl<l+ J
• u ghtM.tr1ufactu1\ngM·2
• Open Space 0-S
- Publ,c,Q.,M1-Puhlic,lr1St'1ul.10NIP·I.
c:J PROPOSCD Mtxed-U5e MU
CJ PROPOSED M1'<t'd-Us,e Ov,..'fi.ly MUOl
Sir,gleFJmllyR I
•rwoFamtyR2
• : {:il.:!f .vni'fR·l
Ruml Agncultuml R·,\
Ru,alE«h~ IH
• rra1ler Par~ ~ P4•~ 11 Tf'D
A 5,000 10.000
!iiiii--iiilr-eet City of Thousand Oaks Zoning Boundaries (Proposed Rezones) cdd:660-21\H:COMMON\Planning Commission\Agenda Packet\2024\2024-02-26\07A GP Mixed Use Zoning MCA 2024- 70001 Attach 1\pz (FILE ID: MCA 2024-70001, Z 2024-70001)