ATTACHMENT #5
M E M O R A N D U M
To:Krystin Rice, Community Development Department, City of Thousand Oaks From:John Bellas, Michael Baker International
Vicky Rosen, Michael Baker International
Date:March 7, 2024
Subject: New Mixed-Use Ordinance - Project Finding within the Scope of the General Plan Update Environmental Impact Report
1 INTRODUCTION
This memorandum has been prepared to document that the proposed Mixed-Use Ordinance Project (proposed ordinance or proposed project) is within scope of the City of Thousand Oaks’ 2045 General Plan Update (General Plan Update) Program Environmental Impact Report (EIR) (State Clearinghouse No. 2022060087). This finding is prepared in accordance with the California Environmental Quality Act of 1970 (CEQA) (Cal. Public Resources Code Section 21000, et. seq., as amended) and its implementing guidelines (Cal. Code Regs., Title 14, Section 15000 et. seq., 2016).
As documented herein, the proposed project meets the conditions as an activity being within the scope of the project covered by the General Plan Update Program EIR, pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15168 (California Public Resources Code 21083.3) and, thus, no new environmental document would be required.
The City certified the 2045 General Plan Update and 2021-2029 Housing Element Final EIR on December 5, 2023. The Land Use Element analyzed in the General Plan Update EIR includes specific land use designations, which define the basic categories of land uses allowed in the City.
These land use designations are implemented through the City’s Zoning Ordinance and Zoning Map, which contain more specific regulations and standards that govern development on individual properties. The Mixed-Use designation analyzed in the General Plan Update EIR allows for a mix of residential and commercial uses, intended to foster a walkable environment.
Following the adoption of the 2045 General Plan Update and certification of the corresponding EIR, a zoning code amendment is required to provide consistency with the General Plan Update and the rezoning program for housing sites identified within the 2021-2029 Housing Element. To this regard, the City is proposing to amend the City of Thousand Oaks (City) Municipal Code to allow for a new land use, Mixed-Use, which would allow for a mix of residential and commercial uses, consistent with the Land Use Element of the General Plan Update. In addition, the rezoning of one housing site from Public, Quasi-Public, Institutional to Residential Planned Development (RPD-10U) must occur to align with the Neighborhood Low Medium designation.
1.1 Finding within the Scope of the Program EIR
Pursuant to CEQA Guidelines Section 15168, a program EIR can be prepared for a series of actions that can be characterized as one large project and are related. Per CEQA Guidelines Section 15168(c), later activities in the program must be examined in the light of the program EIR to determine whether an additional environmental document must be prepared. No additional CDD:660-21/ih/kr/H:COMMON/City Council/CC Agenda Items/2024/03192024/GP Mixed-Use Zoning MCA 2024-70001 Attach 5 Project Finding.docx/pz (FILE ID: MCA 2024-70001 Z 2024-70001)
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documentation is required for subsequent proposed actions (e.g., a proposed ordinance relating to land use matters) if the examination determines that the project action is within the scope of the General Plan EIR, and subsequent proposed actions implement appropriate feasible mitigation measures identified in the MMRP that accompanies the Final EIR. Whether a later activity is within the scope of a Program EIR is a factual question that the lead agency determines based on substantial evidence in the record. Factors that a lead agency may consider in making that 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 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.
The conditions in CEQA Guidelines Section 15162 calling for the preparation of a subsequent EIR are:
Substantial changes are proposed in the project which will require major revisions to the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;
Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted, shows any of the following:
oThe project will have one or more significant effects not discussed in the previous EIR or Negative Declaration;
oSignificant effects previously examined will be substantially more severe than shown in the previous EIR;
oMitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or
oMitigation measures or alternatives that are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.
Pursuant to CEQA Guidelines Sections 15162 and 15168, the City, as the lead agency, has prepared this memorandum to confirm that none of the conditions identified in CEQA Guidelines Section 15162 and Public Resources Code Section 21166 have been triggered and that the proposed project is within the scope of the project covered by the program EIR. In making this determination the City considered the whole of the data presented in the General Plan Update EIR with the information provided in this memorandum and the previously adopted MMRP.
CDD:660-21/ih/kr/H:COMMON/City Council/CC Agenda Items/2024/03192024/GP Mixed-Use Zoning MCA 2024-70001 Attach 5 Project Finding.docx/pz (FILE ID: MCA 2024-70001 Z 2024-70001)
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1.2 Summary of Findings
Based upon the analysis prepared for the proposed project, as presented in Chapter 3 of this memorandum, adoption of the proposed amendments would not result in substantial changes requiring major revisions to the previously certified General Plan Update EIR. Further, the proposed amendment would not result in any new significant environmental impacts that were not discussed in the General Plan Update EIR or a substantial increase in the severity of previously identified significant impacts. No new mitigation measures are required for the proposed amendment. Therefore, according to the CEQA Guidelines Section 15168(c)(2), the project is within the scope of the General Plan Update EIR as no new effects will occur and no new mitigation measures are required, and thus no new environmental document is required. 2 Project Description
2.1 Introduction
On December 5, 2023, the City certified the 2045 General Plan Update Final EIR. The General Plan Update EIR analyzed potential citywide impacts of implementing the General Plan which emphasizes maintenance and expansion of open space, trails, and trees, along with enhancement of visual gateways; preservation of single-family and multifamily neighborhoods while creating a diversity of housing types; creation and better utilization of new mixed-use areas; expansion of entertainment options, jobs, and public facilities/services; supporting community stakeholders; establishing a multi-modal and human-scaled transportation network; protecting the city from disasters; and achieving climate and fiscal sustainability. The General Plan Update is organized into the following elements: Land Use, Mobility, Parks and Open Space, Conservation, Community Facilities and Services, Arts and Culture, Safety, Noise, Governance, and Implementation. Except for Implementation, each element describes the statutory requirements and existing conditions and context for its related topic areas, followed by key issues and opportunities, and goals and policies to guide the City’s management and development through 2045.
Specifically, the Land Use Element analyzed in the General Plan EIR includes specific land use designations, which define the basic categories of land use allowed in the City and are implemented through the City’s Zoning Ordinance and Zoning Map, which contain more specific regulations and standards that govern development on individual properties. The Mixed-Use designation analyzed in the General Plan Update EIR allows for a mix of residential and commercial uses, intended to foster a walkable environment.
The City is proposing a Mixed-Use zoning ordinance to implement the Mixed-Use land use designation. Under State law, a property’s zoning is required to be consistent with its general plan land use designation (Government Code section 65860). Section 65860(c) of the Government Code requires that when a general plan is amended or updated in a way that makes the zoning ordinance inconsistent with the general plan, “the zoning ordinance shall be amended within a reasonable time so that it is consistent with the general plan as amended.”
2.2 Project Location
The proposed Mixed-Use zones would apply to specific areas throughout the City of Thousand Oaks, primarily along U.S. Highway 101. Figure 1 below shows the proposed parcels that would be rezoned to Mixed-Use.
CDD:660-21/ih/kr/H:COMMON/City Council/CC Agenda Items/2024/03192024/GP Mixed-Use Zoning MCA 2024-70001 Attach 5 Project Finding.docx/pz (FILE ID: MCA 2024-70001 Z 2024-70001)
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Figure 1: Mixed-Use Zones
2.3 Description of the Proposed Project
The City is proposing an amendment to the City of Thousand Oaks Municipal Code to allow for a new Mixed-Use zone, which would allow for a mix of residential and commercial uses, intended to foster a walkable environment. The proposed code amendments are detailed in Section 2.3.2 below.
2.3.1 Relationship to the 2045 General Plan
The 2045 General Plan represents an update to the General Plan elements, including the Land Use Element, which guide the overall physical development of the City. As this memorandum compares the environmental impacts of the proposed project to those analyzed in the General Plan Update EIR, it is important to note that the proposed amendment does not modify or change the intent of the adopted General Plan Update. Rather, the proposed Mixed-Use ordinance is required to implement the General Plan Update’s Mixed-Use land use designation and to bring the City’s Zoning Code into consistency with the City’s recently updated General Plan.
2.3.2 Proposed Mixed-Use Zone
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 zone whereby all provisions of the specific plans will remain intact and effect except where superseded by the overlay zone.
Specifically, 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-
CDD:660-21/ih/kr/H:COMMON/City Council/CC Agenda Items/2024/03192024/GP Mixed-Use Zoning MCA 2024-70001 Attach 5 Project Finding.docx/pz (FILE ID: MCA 2024-70001 Z 2024-70001)
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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. The residential density for the Mixed-Use Zone would be between 20 and 30 dwelling units per acre. The height requirements would be between 20 feet and 50 feet (with exceptions within 50 feet of a residential zone or if exclusively residential use; and where the existing zoning allows a greater height). The maximum building coverage would be 80 percent. The non-residential floor area ratio would be 1.0.
Additionally, Article 21, Uses Allowed by Zone, would be amended to add a new Mixed Use Zone Permitted Use Matrix 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.
A total of 445 parcels would be rezoned to mixed-use, of which 171 parcels would be rezoned to Mixed-Use, and 274 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.
In addition, as part of the Housing Element rezoning program, one 12.68 acre parcel will be rezoned to RPD-10U. The existing zone, number of parcels, and acreage being rezoned to Mixed-Use or Mixed-Use Overlay Zone is summarized in the following table:
Existing Zone Number of Parcels Acres
C-1 29 50.3
C-2 26 25.8
C-3 44 102.7
C-4 27 83.8
M-1 17 36.6
P-L 4 4.4
R-1 3 37.0
Rezoned to MU
RPD 21 33.1
MUOZ SP 274 167.8
RPD-10U P-L 1 12.68
TOTAL 446 554.18
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
3 ENVIRONMENTAL IMPACT ANALYSIS
The proposed project would implement the General Plan Update and would not change any of the uses, density, or intensity analyzed in the General Plan Update EIR. Instead, the proposed project would provide development standards that would govern the development of Mixed-Use land uses in the City. As such, this memorandum includes an evaluation of specific environmental issue areas for which the proposed project would have a potential impact. The proposed project does not propose a specific development project and would not change the land uses, density or intensity considered in the General Plan Update EIR, and thus would not change the analysis in CDD:660-21/ih/kr/H:COMMON/City Council/CC Agenda Items/2024/03192024/GP Mixed-Use Zoning MCA 2024-70001 Attach 5 Project Finding.docx/pz (FILE ID: MCA 2024-70001 Z 2024-70001)
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the General Plan Update EIR for the following environmental issue areas: agriculture and forestry resources; air quality, biological resources; cultural resources; energy; geology and soils; greenhouse gas emissions; hazards and hazardous materials; hydrology and water quality; mineral resources; noise; population and housing; public services; recreation; transportation; tribal cultural resources; utilities and service systems; and wildfire. As the proposed project is an amendment to the City’s Zoning Code that would establish development standards for future mixed-use projects in the City, the following evaluation assesses the potential environmental impacts of the proposed project related to Aesthetics and Land Use in comparison to the analysis provided in the General Plan Update EIR.
3.1 Aesthetics
Scenic Vistas
The General Plan Update EIR concluded that implementation of the General Plan Update would result in less than significant environmental impacts related to scenic vistas. The General Plan Update EIR determined that buildout of the Planning Area would change the views of scenic vistas incrementally by allowing increased development including increased building density and height, but the General Plan includes policies to preserve views and require appropriate building height transitions from commercial to residential areas. Additionally, as stated in the General Plan Update EIR, there are no adopted scenic vistas in the Planning Area.
The proposed project would provide development standards that would govern the development of Mixed-Use land uses in the City, which include building heights and density. While some proposed rezoned parcels may result in buildings that are taller, such as parcels that are proposed to be rezoned from single-family residential to Mixed-Use, the development standards would ensure that there are appropriate height transitions from the Mixed-Use area to residential areas.
Additionally, the non-residential floor area ratio of 1.0 and stepback requirements would further ensure appropriate height transitions from the Mixed-Use area to residential areas. Therefore, similar to the General Plan Update EIR, the proposed project would result in less than significant related to scenic vistas.
Scenic Resources within a State Scenic Highway
The General Plan EIR concluded that implementation of the General Plan Update would result in less than significant impacts to scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway. The General Plan EIR acknowledged that development could result in direct impacts to scenic resources from construction, but future development would be subject to future environmental review. The General Plan EIR stated that U.S. Highway 101 is eligible for State Scenic Highway designation, but development visible from U.S. Highway 101 would comply with guidelines in Resolution No. 91-172, which include standards for site planning, architectural design, walls, and landscape planting.
The Goebel’s Lion Farm Site, a historical landmark or site of interest with the City is located within a parcel that would be rezoned to Mixed-Use. Additionally, the Crowley House and Hillcrest Center landmarks are adjacent to an area that would be rezoned to Mixed-Use. The proposed project would provide development standards that would govern the development of Mixed-Use land uses in the City. Any future development or redevelopment of historic resources would be subject to future environmental review such that potential impacts to historical resources would be identified and mitigated, similar to the General Plan Update EIR. Additionally, future development of historic resources is subject to Thousand Oaks Municipal Code 1-9.206, which requires a Certificate of Appropriateness for alteration of a historic resource. Any future CDD:660-21/ih/kr/H:COMMON/City Council/CC Agenda Items/2024/03192024/GP Mixed-Use Zoning MCA 2024-70001 Attach 5 Project Finding.docx/pz (FILE ID: MCA 2024-70001 Z 2024-70001)
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development within the Mixed-Use Zone adjacent to U.S. Highway 101 would be subject to Resolution No. 91-172. Therefore, similar to the General Plan Update EIR, the proposed project would result in less than significant impacts related to scenic resources.
Scenic Quality
The General Plan Update EIR concluded that implementation of the General Plan Update would result in less than significant environmental impacts related to scenic quality. As discussed in the General Plan Update EIR, the land use changes envisioned with implementation of the General Plan Update may affect the visual character of various areas in Thousand Oaks while facilitating the creation of mixed-use areas amongst other goals. As stated, all land uses would be required to adhere to the design, density, and height guidelines applicable to particular land use designations. The General Plan Update policies, development guidelines, and standard development review procedures would protect the City’s existing visual character and quality.
As discussed in the General Plan Update EIR, Policy 8.8, Design of Mixed-Use, Commercial, Office and Industrial Areas, would design areas to be more urban in character by amending the zoning regulations. The proposed project would provide development standards that would govern the development of Mixed-Use land uses in the City, which would build upon the General Plan Update’s policies related to visual character. The Mixed-Use Zone would include various standards to enhance the visual character of the neighborhood, such as requirements for minimum parking and driveway landscaping percentages (10%), setbacks, stepbacks, and display window heights. Therefore, similar to the General Plan Update EIR, the proposed project would result in less than significant impacts related to scenic quality.
Light and Glare
The General Plan Update EIR concluded that implementation of the General Plan Update would result in less than significant environmental impacts related to light and glare. The General Plan Update EIR stated that planned development, including from the creation of new mixed-use areas, could create new sources of light from exterior building illumination, outdoor lighting, and glare from reflective building surfaces and vehicle surfaces or the headlights of vehicular traffic.
However, as discussed in the General Plan Update EIR, light from urban uses already exists and development of neighborhoods including those with mixed-use development would occur in areas that are at least partly developed. Additionally, development would be governed by existing City regulations and policies and subject to design review.
The Mixed-Use Zone does not include standards for light and glare. The parcels that would be rezoned to Mixed-Use primarily occur in developed areas with existing uses that emit light and glare. In areas that are currently undeveloped or adjacent to residential zones (primarily parcels on the west side of the City), which are generally sensitive to light and glare, the Mixed-Use Zone provides standards for setbacks and building separation, which would minimize impacts of light and glare. For example, the rear and side setback minimums are 20 feet from a residential zone.
Additionally, any project developed in the Mixed-Use Zone would be subject to existing City regulations, policies, and design review, including Section 9-4.1109 of the Thousand Oaks Municipal Code and the City’s Commercial Design Guidelines. Therefore, similar to the General Plan Update EIR, the proposed project would result in less than significant impacts related to light and glare.
3.2 Land Use
The General Plan Update EIR concluded that implementation of the General Plan Update would result in less than significant impacts related to land use. As stated in the General Plan Update CDD:660-21/ih/kr/H:COMMON/City Council/CC Agenda Items/2024/03192024/GP Mixed-Use Zoning MCA 2024-70001 Attach 5 Project Finding.docx/pz (FILE ID: MCA 2024-70001 Z 2024-70001)
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EIR, the General Plan Update would largely continue existing land uses, development patterns, and transportation infrastructure. The General Plan Update also includes several goals to protect established communities and existing street patterns. Additionally, as discussed in the General Plan Update EIR, the General Plan Update would be consistent with strategies of the Southern California Association of Government’s (SCAG) 2020 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) by proposing development patterns that focus growth in specific areas and encouraging a variety of housing types and densities. To support the City’s Regional Housing Needs Allocation (RHNA) goal, the General Plan Update includes actions such as allowing mixed-used development, consistent with the General Plan land use map and creating a new mixed-use zoning district. The General Plan Update EIR also notes that the City would review its currently adopted Specific Plans and revise them as necessary to reflect changes to land use with implementation of the General Plan Update.
The proposed project is a zoning ordinance to implement the General Plan Update’s Mixed-Use land use, which was previously analyzed in the General Plan Update EIR. The proposed project would not include any standards that would physically divide a community. As discussed in Chapter 2, under State law, a property’s zoning is required to be consistent with its general plan land use designation (Government Code section 65860). As such, the proposed project would provide the mechanism to implement the Mixed-Use land use, would make the zoning code consistent with the General Plan, and would support the City’s policies and goals related to land use. Additionally, most permitted uses within the Mixed-Use Zone would be required to obtain a permit as well as undergo standard development review procedures. Therefore, similar to the General Plan Update EIR, the proposed project would result in less than significant impacts related to land use.
3.3 Conclusion of Environmental Impact Analysis
Based on the analysis above, the proposed project would not cause any new significant environmental effects or a substantial increase in the severity of previously identified significant effects beyond those described in the General Plan Update EIR due to a change in the project, a change in the circumstances, or new information of substantial importance.