New Mixed-Use Zone
Zoning Map Amendments
AB 1397 Code Amendments
MCA 2024-70001
Z 2024-70001
City Council Meeting
March 19, 2024
1 2
,WHP$
Request
To amend Chapter 4 of Title 9 of the Thousand Oaks
Municipal Code to establish a Mixed-Use Zone,
requirements for replacement housing, and ministerial
review of qualifying affordable housing projects.
A Zone Change to designate Mixed-Use Zones (MU) and
Residential Planned Development (RPD-10U) for housing
sites as required by the 2021-2029 Housing Element and
align with the General Plan 2045 land use designations.
Background
• State law requires all jurisdictions to update and obtain certification for their Housing Element
• September 8, 2023, Element cannot be fully certified until the City has:
1) completed necessary rezoning of property to address shortfall of sites to accommodate RHNA; and
2) adopted MCA pursuant to AB 1397.
• First step – City Council adopted General Plan 2045 and revised 2021-2029 Housing Element on December 5, 2023
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Background Cont.
• Citywide rezoning to align with General Plan will be
conducted in two phases:
1) Rezoning for Housing Element Certification and new
Mixed-Use Zone
2) Rezoning other parcels to align with General Plan land designation and complete comprehensive code update
• On February 26, 2024, Planning Commission
recommended approval (4-0)
Proposed Project Components
1) Text amendments for the proposed Mixed-Use Zone and
associated development standards and permitted uses;
2) Rezone sites to be Mixed-Use, Mixed-Use Overlay Zone, and Residential Planned Development (RPD-10U); and
3) Text amendments for replacement housing and
ministerial review of qualifying affordable housing
projects as required by AB 1397.
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Proposed Mixed-Use and Mixed-Use Overlay Zone
• Establish a new MU Zone in all areas designated for Mixed-Use on the General Plan Land Use Map and amended Zoning Map
• Areas currently subject to a Specific Plan will be covered by a Mixed-Use Overlay Zone
• All existing SP’s will remain intact and in effect, except where specifically superseded by overlay zone
• Text amendments include:
• Modify Sec. 9-4.301
• Add Sec. 9-4.310, Article 10.5, and Sec. 9.4104.5
Development of Proposed Mixed-Use Standards
• Evaluation of:
• New General Plan Land Use Goals and Policies
• Existing Municipal Code commercial and residential
requirements
• Thousand Oaks Boulevard Specific Plan
• Approved Mixed-Use development projects
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General Plan 2045 Consistency
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, berms, building setbacks, upper story setbacks, and a decrease in building height.
General Plan 2045 Consistency
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.
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General Plan 2045 Consistency
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:
• Buildings sited near front lot lines by establishing maximum setbacks • A high percentage of lot coverage
• Building facades with transparency (e.g., windows) and an active street frontage • Parking and loading areas located behind or on the side of buildings • Wide sidewalks with landscaping
• New street connections to create more walkable blocks Proposed MU Development Standards
MU / MUOZDEVELOPMENT STANDARD
20 du/acResidential Density – Minimum
30 du/acResidential Density – Maximum
50% in MixedǦUse ProjectsResidentialFloorArea– Minimum 100%ResidentialFloorArea–M a x i m u m
1.0NonǦResidential FAR – Maximum
80%Building Coverage – Maximum
20 feetHeight – Minimum
50 feet
Within50feetofresidentialzoneorexclusively
residentialuse:
30ǦfeetfrompropertylineǦ 25feetmaximum
30feetto50feetfrompropertylineǦ 45feetmax
over50feetfrompropertylineǦ 50feetmax
Height Ǧ Maximum1
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. 11 12
Proposed MU Development Standards
MU / MUOZDEVELOPMENT STANDARD
15 feetFront Setback Ǧ Minimum2
30 feetFront Setback Ǧ Maximum3
20 feet from a residential zoneSide Setback – Minimum
20 feet from a residential zoneRear Setback – Minimum
10 foot average from first floor street front
building façadeThird Floor Setback – Minimum
20 feetBuilding Separation – Minimum
65% for commercial or mixedǦuse
45% for ground floor residential
Minimum Ground Floor Windows
(% Ground Floor Façade)
60 feetMinimum Average Depth of Retail –
Minimum
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.
MU / MUOZDEVELOPMENT STANDARD
1 access point for lots < 100 feet wide;
2 access point for lots > 100 feet wideVehicular Access – Maximum Side and rear yards onlyParking Location
3% of area of building footprintPublicExteriorSpace– Minimum (CommercialandMixedǦUseProjects)
10%ParkingandDrivewayLandscapingǦ
Minimum(%)
Proposed MU Development Standards
MU / MUOZDEVELOPMENT STANDARD
15 feet from the curbSidewalk Width – Minimum
14 feetGroundFloorPlateHeight– Minimum
50%ResidentialinMixedǦUseDevelopment
Ǧ Minimum4
4.0 feetDisplayWindowHeight– Minimum
3.5 feetHeight from Adjacent Grade to Bottom
of Display Window – Maximum
4 Mixed-use developments in the Village Centers shall retain at least 50% of existing commercial square footage pursuant to GP Policy 20.1.
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• Thousand Oaks Specific Plan
• Municipal Code Residential and
Commercial Standards
• Recent approved projects
• Ratios indented to promote
housing development
Proposed MU Parking Standards
Evaluation
Considerations
PARKING REQUIREMENTS – MINIMUM
1/300 sfRetail
Residential:
1.0 spaces / unitStudio
1.0 spaces / unit1 Bedroom
1.5 spaces / unit2 Bedroom
2.0 spaces / unit3+ Bedroom
0.5 spaces / unitGuest Parking
Proposed MU Parking Standards Cont.
PARKING REQUIREMENTS – MINIMUM
1/200 for the first 2,000 square feet gross leasable area 1/100 for greater than 2,000 square feet gross leasable areaRestaurant 1/250 square feetMedical
0s p a c e sf o rt h ef i r s t5 0 0s q u a r ef e e t
1/100 for great than 500 square feetOutdoor Dining Area 1/300 square feetGyms, Health Clubs
1/75 square feet assembly
1/ 300 square feet otherExercise,Dance,AerobicsStudios 100% credit toward off Ǧstreet requirement for non Ǧresidential and residential guest parking
OnǦStreetParkingAlongSite
Frontage
50% of spaces maximum to be shared within a 700 foot walking distance from the entrance(s) to the use(s) entrances that are subject to a shared parking agreement
Shared Parking
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Proposed MU Zone and Permitted Use Matrix
• Utilizes similar permit types and uses allowed in the C zones • Eating and Drinking Establishments, Animal Care Uses, Community Care Uses, Educational Uses, Institutional and Civic Uses, Personal and General Services, Retail Commercial Uses, Hotels, Utility and Communication Uses
• Special Use Permit for drive through facilities
• One industrial use
• Alcoholic beverage production with incidental tasting, food sales, and retail
• Introduces categories for mixed-use or 100% residential multi- family uses
Rezoned Sites
• All parcels with a Mixed-Use
General Plan designation will be
rezoned Mixed-Use or MUOZ
• Includes sites in the Housing
Element Sites Inventory
• Mixed-Use sites, including Village
Centers
• Mall Sites
• Neighborhood Site – 12.68 ac.
Neighborhood Low Medium parcel
Neighborhood Site: Zone
Change from P-L to RPD-10U
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Draft Zoning Map
AB 1397 Municipal Code Amendment
• Requires jurisdictions to allow ministerial approval of projects providing 20% units affordable to lower income households if project is located on:
1) sites are re-used from previous Housing Element Cycle, or 2) sites that are rezoned to accommodate the lower income RHNA shortfall.
• Also requires that projects which demolish existing
affordable units be replaced
• Add Sec. 9-4.2816 and Sec. 9-4.2529
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CEQA Finding
• Project is within the scope of the General Plan 2045 and the 2021-2029 Housing Element Certified Program
Environmental Impact Report
• None of the conditions identified in the CEQA Guidelines Section 15162 and Public Resources Code Section
21166 trigger additional environmental review
Conclusion
• Proposed Municipal Code Amendment and Zone Change
implement measures set forth in City Council adopted
General Plan 2045 and 2021-2029 Housing Element
• This MCA and Zone Change are a necessary component
to receiving certification of the Housing Element by HCD. 21 22
Recommendation
That the 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 Qua lity 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. Read in title only, further reading be waived, and if no objection, introduce ordinance approving MCA 2024-70001 amendments to Chapter 4 of Title 9 of the Thousand Oaks Municipal Code; and
3. Read in title only, further reading be waived, and if no objection, introduce ordinance approving Z 2024-70001 amendment to the Official Zoning Map. 23 24
3/19/2024
1 Erbes/Hillcrest Affordable Housing
Project
384 Erbes Road
(APNs): 670-0-250-290
and 670-0-250-210
City Council
March 19, 2024
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,WHP%
3/19/2024
2 1. Adopt resolution to:
a.Find the project is Categorically Exempt from the California Environmental Quality Act (CEQA) Guidelines
b.Approve 2023-70014-RPD, 2023-70001-TTM, 2023-70125-PTP, and 2023-70020-LPC
c. Declare that the project site is exempt surplus land
2. Approve the draft Disposition and Development Agreement
3. Authorize the City Manager to act on behalf of the City whenever an administrative action is required to implement the terms of the DDA
4. If requested by the Developer, approve deferral of all planning fees until Certificate of Occupancy
Request
Site and Setting
Physical Site:
• 3.86-acre parcel;
• 26,500 sq. ft. one-story
school building;
• GP: Neighborhood High
• Zoning: Multiple Family
Residential (R-3)
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3/19/2024
3 Residential Planned Development (RPD)
• Demolition of 26,500 sq. ft.
building (Formerly Hillcrest
School)
• Construction of eight
buildings with 78 townhouse
units totaling 51,632 sq. ft.
PROJECT DESCRIPTION AND EVALUATION
Building Form and Style
• 78 Townhouse Units
• 3-stories with attached garages
• Contemporary Style
• 7 floorplan options
• 1-to-4-bedroom layouts
• ADA pathway connection throughout
project
• 165 Parking Spaces Provided
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3/19/2024
4 Concessions, Waiver, Modifications
The applicants request the following:
• One Concession to decrease the open space requirement. • A Waiver to decrease the setback requirements.
• Two Modifications to the Objective Design Standards for orientation of the buildings and outdoor space configuration.
TTM Lot Merger
Parcel
2 Parcel
1 APN(s): 670-0-250-210
& 670-0-250-290
Gross Area: 3.86 acres
Net Area: 3.69 acres
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3/19/2024
5 PROJECT DESCRIPTION AND EVALUATION - Landscaping
Planning Commission Hearing, February 26, 2024
• The Commissioners voted 4-0 to recommend approval to City Council
• The Chair signed Resolution No. 04-2024 recommending that City Council approve the permits associated with this project, subject to conformance with the conditions of approval. 9 10
3/19/2024
6 Correspondence
Disposition and Development Agreement (DDA)
The proposed DDA is an agreement between the City, Peoples Self Help Housing Corporation, and Housing Land Trust Ventura County setting forth the terms and conditions of the property conveyance and the development of the project.
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3/19/2024
7 Disposition and Development Agreement (DDA)
Development timeline:
• Initial period of 2 years for PSHH to obtain funding to construct project.
• Two (2), one (1) year extensions.
• City to transfer property when funding secured.
• Construction of the project within three (3) years of property conveyance.
Disposition and Development Agreement (DDA)
Qualified Households will acquire:
• Ownership of the residential unit.
• Ninety-nine (99) year ground lease with Housing Land Trust Ventura County.
• A 1/78th interest in the common areas.
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3/19/2024
8 Affordability
Unit TypeLevel# of Units
4 BedroomModerate Income6
3 BedroomModerate Income13
4 BedroomLower Income2
3 BedroomLower Income17
2 BedroomLower Income30
2 BedroomLower Income (HSC)2
1 BedroomLower Income (HSC)8
2023 Ventura County Area Median Income (AMI)
7 Person
Household
6 Person
Household
5 Person
Household
4 Person
Household
3 Person
Household
2 Person
Household
1 Person
Household
$ 82,350$ 77,050$ 71,750$ 66,400$ 59,800$ 53,150$ 46,500Very Low (50% AMI)
$ 131,750$ 123,250$ 114,750$ 106,250$ 95,650$ 85,000$ 74,400Lower (80% AMI)
$ 153,150$ 143,250$ 133,400$ 123,500$ 111,150$ 98,800$ 86,450Median (100% AMI)
$183,750$ 171,900$ 160,050$ 148,200$ 133,400$ 118,550$ 103,750Moderate (120% AMI)
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3/19/2024
9 Long Term Affordability
City's Affordable Conditions Recorded on the Land
• 99-year Ground Lease with Land Trust VC and Homeowner • Maximum Resale Price on the Affordable Unit
• Owner Occupy Unit as Primary Resident
Surplus Land Act
The Surplus Land Act (California Government Code Section 54220 et seq.) requires the City to declare property as “surplus land” or “exempt surplus land” before the City may dispose of the property.
On May 24, 2022, City Council adopted resolution 2022-018 declaring the site "exempt surplus property" pursuant to Government Code Section 54221(f)(1)(F).
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3/19/2024
10 Surplus Land Act
Government Code Section 54221(f)(1)(R) provides that property qualifies as "exempt surplus property" if all of the following apply:
• The property is transferred to a community land trust; • The property is to be developed for certain types of housing; • The housing developed on the property will be available to income qualified households; and
• A deed restriction or other instrument ensuring the affordability of the housing is to be recorded on the property.
Surplus Land Act
The proposed property transfer qualifies as a transfer of “exempt surplus land” pursuant to Government Code Section 54221(f)(1)(R) as follows:
• The property will be transferred to Land Trust Ventura County, a community land trust.
• The proposed DDA requires the property to be developed as for-sale, single family dwellings,.
• The single family dwellings are required by the DDA to be made available to qualified households.
• The dwelling units will be subject to an enforceable restriction on the sale and resale of the units.
• The enforceable restrictions will be recorded on the property. 19 20
3/19/2024
11 Recommendation
1. Adopt resolution to:
a. Find the project is Categorically Exempt from the California Environmental Quality Act (CEQA) Guidelines pursuant to Class 32 Section 15332 In-Fill Development Projects, and Section 15194 Affordable Housing; and;
b. Approve Residential Planned Development Permit 2023-70014-RPD, Parcel Merger 2023- 70001-TTM, Planned Tree Permit 2023-70125-PTP, and Landscape Plan Check 2023- 70020-LPC; and;
c. Declare that the project site is exempt surplus land, contingent upon the transfer of the property in accordance with the terms of the Disposition and Development Agreement, pursuant to California Government Code Section 54221(f)(1)(R).
Recommendation
2. Approve the draft Disposition and Development Agreement by and among the City of Thousand Oaks and Housing Land Trust Ventura County and People’s Self-Help Housing Corporation (384 N. Erbes Road), authorize the City Manager and City Attorney to finalize the agreement, and authorize the City Manager to execute the finalized agreement on behalf of the City.
3. Authorize the City Manager to act on behalf of the City whenever an administrative action is required to implement the terms of the Disposition and Development Agreement and associated documents, except for those matters that are res erved under state law to City Council or which the City Manager determines should be referred to City Council.
4. If requested by the Developer in writing, approve deferral of all City planning and permitting fees until Certificate of Occupancy, pursuant to the terms and conditions contained in the Development Impact Fee Deferral Program.
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3/19/2024
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Dr. Mark Di Cecco AIA, dicceco architecture incorporated Veronica Z Garcia, People’s Self-Help Housing Corporation Dr. Mark Di Cecco AIA, dicceco architecture incorporated Veronica Z Garcia, People’s Self-Help Housing Corporation Item No. 10B
Dr. Mark Di Cecco AIA, dicceco architecture incorporated Veronica Z Garcia, People’s Self-Help Housing Corporation Dr. Mark Di Cecco AIA, dicceco architecture incorporated Veronica Z Garcia, People’s Self-Help Housing Corporation Adjustments
Dr. Mark Di Cecco AIA, dicceco architecture incorporated Veronica Z Garcia, People’s Self-Help Housing Corporation People’s Self-Help Housing
Mission: We build affordable
homes with site-based services
that offer opportunities to
change lives and strengthen
communities on the central
coast of California.
• Founded in 1970, will celebrate 54
th anniversary this year.
• Corporate offices in Oxnard, Santa Barbara and San Luis Obispo. • Portfolio of properties includes 1,988 affordable apartments (56 sites) and over 1,200 affordable single-family homes.
• Extensive homeownership and multifamily development
experience.
Veronica Z Garcia, People’s Self-Help Housing Corporation Hillcrest Homeownership Opportunity
• Local collaboration committed to project
success – long tenured, community-based
organizations.
• For-sale opportunity for low- and moderate-
income households.
• Affordability is preserved by 99 yr ground
lease and covenant.
• Homeowners will build equity.
• Home sales prices will be set to be affordable
at 30 to 40% of household gross income,
which in many cases will be less than their
rental housing cost.
Veronica Z Garcia, People’s Self-Help Housing Corporation Hillcrest Funding Sources
Veronica Z Garcia, People’s Self-Help Housing Corporation THANK YOU.
Veronica Z. Garcia
March 19, 2024
Building More Than Housing!