TO:Andrew P. Powers, City Manager
FROM:Kelvin Parker, Community Development Director
DATE:March 19, 2024
SUBJECT: Housing Element Program Implementation (MCA 2024-70001 and Z 2024-70001)
RECOMMENDATION:
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 has been triggered for additional environmental review under the requirements of the 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.
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.
FINANCIAL IMPACT:
No Additional Funding Requested. The financial impact involves the cost of minimal staff time required to prepare the report, mailings, publishing notices, and the cost of the current contract with consulting firm, Michael Baker International.
These costs are included in the Adopted FY 2023-24 General Fund Budget BACKGROUND:
2021-2029 Housing Element
On December 5, 2023, City Council adopted the General Plan 2045 and the 2021- 2029 Housing Element. As one of the eight state-mandated elements of the
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9 General Plan, the Housing Element serves as the primary planning guide to meet existing and projected housing needs of City residents. 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. The absence of a fully certified Housing Element results in the City being vulnerable to litigation, fines, and ineligibility for State grants, such as the Community Development Block Grant (CDBG) and other infrastructure programs. In addition, recently adopted State legislation increased penalties for non-compliance with housing laws.
The City’s Housing Element has met the statutory requirements for local adoption. However, final certification of the Housing Element is dependent on 1) completion of the rezoning of property identified for housing to accommodate RHNA and; 2) adoption of a code amendment pursuant to Assembly Bill (AB) 1397.
The City’s Housing Element rezoning program requires the rezoning of properties that were identified in the Housing Element Sites Inventory, including the mixed- use sites, mall sites, and one neighborhood sites; and adoption of a new Mixed- Use zone to align properties with the recently adopted the General Plan Mixed- Use land use designation. As part of this rezoning effort, text amendments to the Thousand Oaks Municipal Code are necessary to codify a new Mixed-Use zone with appropriate development standards and permitted uses.
On January 4, 2024, a Professional Services Agreement was completed with Michael Baker International to prepare a rezoning program and develop a new Mixed-Use Zone with associated development standards.
Planning Commission Review
The Municipal Code Amendment (MCA) for Mixed-Use zoning standards, requirements for replacement housing, and ministerial review for qualifying affordable housing projects and accompanying Zone Change (Z) for the housing sites identified in the 2021-2029 Housing Element was presented to the Planning Commission on February 26, 2024, for review and recommendation. The staff report for the Planning Commission meeting discussed in detail the process and components of the MCA and Zone Change (Attachment #1). The detailed information in the Planning Commission staff report is not replicated here; rather, this report summarizes what transpired at the Planning Commission meeting, key topics for consideration, and the proposed project.
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9 During the Planning Commission public hearing, there were no public speakers, and two items of correspondence were submitted.
The Planning Commission voted on a motion to recommend approval including the staff recommended changes in the supplemental memo that passed with a 4-0 vote, with one commissioner absent. No subsequent alternative motions were made or considered by the Planning Commission.
DISCUSSION/ANALYSIS:
Municipal Code Amendment
The proposed amendment to the Thousand Oaks Municipal Code would establish a new Mixed-Use Zone in 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 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 (Attachment #2).
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.
In particular, the following General Plan Land Use Element policies guided the development of the proposed Mixed-Use standards:
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.
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9 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:
oBuildings sited near front lot lines by establishing maximum setbacks
oA high percentage of lot coverage
oBuilding facades with transparency (e.g., windows) and an active street frontage
oParking and loading areas located behind or on the side of buildings
oWide sidewalks with landscaping
oNew street connections to create more walkable blocks
Zoning Map
The proposed zoning map changes apply to parcels with a General Plan Mixed- Use designation that have not received a Specific Plan zoning designation since 2021 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) (Attachment #3). The Mixed-Use Overlay Zone would exclude recently adopted project-based Specific Plans that received a General Plan Mixed-Use land use designation, including Daylight (SP-21), The Lakes (Amended SP-11), Thousand Oaks Ranch (SP-22), and Latigo Hillcrest (SP-24). Proposed changes to the Zoning Map with the proposed rezones are depicted in Attachment #4.
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9 Key Topics
As part of the Planning Commission hearing, two items of correspondence were received. The items were from representatives of The Oaks Mall expressing concerns that the proposed mixed-use standards did not fit the existing conditions nor retain the C-4 Regional Shopping Center zoning regulations for their property. Staff clarified that the purpose of the mixed-use zone was to set citywide objective standards and do not recommend adjusting the standards for a single or set of parcels. Large sites, such as the Oaks Mall present unique challenges and require development of site-specific standards that should be developed with a Specific Plan as identified within the 2045 General Plan. The primary objective of the Mixed-Use standards and accompanying regulations is to achieve state certification for the Housing Element.
Environmental Review
The MCA 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 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 the CEQA. Specific findings supporting this determination under CEQA are contained in Attachment #5.
Community Outreach
Notification for this hearing, and the Planning Commission hearing, was conducted in compliance with the Thousand Oaks Municipal Code and the Government Code.
COUNCIL GOAL COMPLIANCE:
Meets the following City Council goals:
I. Maintain a strong local employment base geared toward retaining high quality businesses; Sustain a healthy business community; and, Diversify the local economy, with a specific emphasis on small businesses and high technology/biomedical jobs.
J. Implement high quality revitalization projects within Thousand Oaks Boulevard and Newbury Road Areas; Develop a pedestrian-oriented, viable, and self- sustaining "Downtown;” and, continue to support production of long-term affordable housing.
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9 PREPARED BY: Iain Holt, Sr. Planner
Krystin Rice, Planning Division Manager
Attachments:
Attachment #1 – Planning Commission Staff Report and Resolution Attachment #2 – Municipal Code Ordinance
Attachment #3 – Zoning Map Ordinance
Attachment #4 – Proposed Change to Zoning Map
Attachment #5 – Project Finding within the Scope of the General Plan 2045 Certified Program EIR
CDD:660-21/ih/kr/H:COMMON/City Council/CC Agenda Items/2024/03192024/GP Mixed-Use Zoning MCA 2024-70001 Staff Report.docx/pz (FILE ID: MCA 2024-70001 Z 2024-70001)