TO:
Planning Commission
FROM: Kelvin Parker, Community Development Director
DATE: February 12, 2024
SUBJECT: Municipal Code Ame ndment to Revise Thousand Oaks Municipal Code Chapter 4 of Title 9 Definition of Family Day Care (MCA-2023- 70007) and Definition of Emergency Shelters (MCA-2023-70008) APPLICANT: City of Thousand Oaks
LOCATION: Citywide
REQUEST:
Consider a resolution recommending to City Council MCA-2023-70007 amending Thousand Oaks Municipal Code Chapter 4 of Title 9 by updating Article 2 “Definitions” related to Large and Small Family Day Care within residential uses in complianc
e with SB 234 (The Child Day Care Facilities Act) passed in 2019 as well as other Family Day Care related code sect ions that aim to facilitate an increase in the supply of licensed family childcare homes in the state.
Consider a resolution recommending to City Council MCA-2023-70008 amending Thousand Oaks Municipal Code Chapter 4 of Title 9 by updating Article 2 “Definitions” relating to emergency shelters and other sections.
The project has been determined to be ex empt from the requirements of the California Environmental Quality Act (C EQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines.
RECOMMENDATION:
Adopt Resolutions based on the findings contained therein, recommending that City Council:
1. Find that these Muni cipal Code Amendments are exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to California Government Code Section 15061(b)(3); and
2. Adopt Ordinances approvin g amendments to Sections 9-4.202 (Definitions), Section 9-4.2103 (permi tted use matrix), and Sec. 9-4.2525 (Emergency Shelters) of the Thousand Oaks Municipal Code (TOMC).
ATTACHMENT #1
MCA 2023-70007; -70008 Family Day Care and Emergency Shelters February 12, 2024
PLANNING COMMISSION REVIEW:
The Thousand Oaks Municipal Code (TOMC) Section 9-4.2914(a) requires that the Planning Commission provide a recommendation to City Council for proposed code amendments (MCAs) to the provisions of Chapter 4 of Title 9 (Zoning) of the Municipal Code.
BACKGROUND:
Senate Bill 234
Senate Bill (SB) 234 became effective on January 1, 2020, and it was passed to help address a statewide shortage of regul ated childcare. The law requires local ordinances to treat large-family day care homes the same as small family day care homes or any other residence in a residential use zone.
Before the passage of SB 234, small fam ily day care homes, which may provide care for up to eight children, were alr eady a residential use of property under the municipal code. However, large family day care homes, which may provide care for up to fourteen children, had different requirements. Previous State regulations authorized local jurisdictions to classify large family day care homes as residential use of the property or to provide a process for applying for a permit to use the property as a large family day care hom e. SB 234 revised the regulations to instead require large family day care homes to be treated as a residential use of property for purposes of all local ordinances. The City may not require a business license, fee, tax, special zoning permits, or other local restrictions to operate a large family day care home.
Emergency Shelters
Cities across the State are required to provide temporary housing for unhoused people. The Municipal Code allows unhoused people to remain in a shelter facility for up to 180 days. Limiting the stay to 180 days or 6 months limits the ability to find permanent housing for shelter clients.
Attachments #3 and #4 include staff’s recommended code language modifications to reflect State Legislation and City Council direction, as discussed further in the report.
MCA 2023-70007; -70008 Family Day Care and Emergency Shelters February 12, 2024
DISCUSSION/ANALYSIS:
On September 26, 2023, City Council initiated MCA(s) 2023-70003; 2023-70005; 2023-70006; 2023-70007; and, MC A 2023-70008 declaring the intention to consider adopting new c ode language inclusive of dev elopment standards and permitting for “Residential Zones Permitt ed Use Matrix”, “Accessory Dwelling Units”, “Senate Bill 9 Clean-up item s”, “Massage Establishments, Massage Therapists, and the Practice of Massage Therapy”, “Residential Large Family Day Care” and “Emergency Shelters”. This report and discussion focus on the proposed changes to Title 9 as it relates to day cares and emergency shelters. The other code amendments (MCA 2023-70003, -70005, -70006,) will be forthcoming at a later hearing date. (see Attachment #5 – City Council Resolution No. 2023- 053 initiating MCA 2023-70003, -70005, - 70006, -70007, -70008).
As stated above, the TOMC Chapter 4, Title 9, distinguishes the difference between Small and Large Day Care facilities. The code considers small day care facilities as an outright allowed residential use and is defined as follows:
“Small family day care home” is a permitted residential use and home family day care facility for six (6) or fe wer children, or eight (8) or fewer children if two (2) of the children are six (6) years of age or older. Children under the age of ten (10) years who reside in the home shall be counted for purposes of these limits.
Conversely, the Municipal Co de defines “large family day care homes” as: “...a City-regulated residential use and home family day care facility for seven (7) to twelve (12) children, inclusive, or up to fourteen (14) children, inclusive, if two (2) of the children are six (6) years of age or older. Children under the age of ten (10) years who reside in the home shall be coun ted for purposes of these limits.” An application for a large family day care home is currently subject to an SUP A (Special Use Administrative) per Se ction 9-4.2104 Permitted use matrix – Residential zones.
To comply with SB 234, the proposed ordinance will update certain sections of the Municipal Code addressing large family day care homes affected by SB 234 as indicated below. The black bolded text means new language, strike-out text means the text being deleted, regular text means text remaining as it currently exists in the Municipal Code.
MCA 2023-70007; -70008 Family Day Care and Emergency Shelters February 12, 2024
“Family day care home” shall mean a f acility that regularly provides care, protection, and supervision for 14 or fe wer children, in the provider’s own home, for periods of less than 24 hour s per day, while the parents or guardians are away, and is either a la rge family day care home or a small family day care home, as defined in Health and Safety Code Section 1596.78 (a).
“Large family day care home” shall mean a facility that provides care, protection, and supervision of 7 to 14 children, inclusive, including children under 10 years of age who reside at the home, as set forth in Section 1596.78 (b) of the Health and Safety Code. is a city-regulated residential use and home family for seven (7) to twelve (12) ch ildren, inclusive or up to fourteen (14), inclusive, if two (2) of the children are six (6) years of age or older. Children under the age of ten (10) years who reside in the home shall be counted for purposes of these limits.
“Small family day care day care home” shall mean is a facility that provides care, protection, and supervision for eight or fewer children including children under 10 years of age who reside at the home, as set forth in Section 1596.78 (c) of the California Health and Safety Code. permitted residential use and home family day care facility for six (6) or fewer children, or eight (8) or fewer children if two (2) of the ch ildren are six (6) years of age or older. Children under the age of ten (10) years who reside in the home shall be counted for purposes of these limits.
“Small family day care home or large Large family day care home” shall mean a detached single-family dwelling, a townhouse, a dwel ling unit within a dwelling, or a dwelling unit within a covered multifamily dwelling in which the underlying zoning allows for resident ial uses. A small family day care home or large family day care home is where the day care provider resides and includes a dwelling or a dwelling unit that is rented, leased, or owned as set forth in Section 1596 (d) of the Health and Safety Code. is a City-regulated residential use and home family day care fa cility for seven (7) to twelve (12) children, inclusive, or up to fourteen (14) children, inclusive, if two (2) of the children are six (6) years of age or older. Children under the age of t en (10) years who reside in the home shall be counted for purposes of these limits.
Additionally, the land use matrix would be amended to indicate that family day care homes are allowed by right within residential zones.
MCA 2023-70007; -70008 Family Day Care and Emergency Shelters February 12, 2024
Section 9-4.2104(Permitted use matrix –-R esidential zones) of Article 21 of the Thousand Oaks Municipal Code is amended to read as follows:
Land Use
Category
Residential Zoning Classifications
R-A R-E R-O
R-1 R-2
R-3 RPD RPD-
SFD
HPD HPD
SFD
TPD
Residential Zone
Accessory Uses
(USE)
Small and Large
family day care
SUPA
P
SUPA
P
SUPA
P
SUPA
P
SUPA
P
SUPA
P
SUPA
P
SUPA
P
SUPA
P
SUPA
P
While SB 234 further limits th e City’s authority over such day care home uses, family day care homes will remain subj ect to the State’s Childcare Licensing Program and existing state regulations. The State Department of Social Services serves as the licensing and regulatory agency.
Emergency Shelters
Housing unhoused people has been a challenge throughout many communities including the City of Thous and Oaks. Recognizing the shortages of shelters and the availability of housing to assist people moving into permanent housing within six months, as currently required by t he Municipal Code, mi ght force people in shelters to be placed back on the street. This limitation would defeat the effort and progress made toward moving a person to permanent housing. Shelters provide unhoused people with the following services: health resources, job and social skills training, and opportunities to reunite with family and fri ends. The goal is to have people become productive members of society while decreasing the number of homeless individuals in public areas. On January 12, 2024, City Council approved a low-barrier Navigation Center at 1205 Lawrence Drive. The proposed amendment will assist with the management of the center by allowing the selected participants to stay based on their respective needs. Such a change also provides additional flexibility in the center’s operation.
Currently, the definition of Emergency Shelte rs in Article 2 of Title 9, includes language that limits residency to a duration of 6 months. This code amendment would omit the reference to the length of time that a person can remain in the shelter to allow flexibility in moving persons to permanent housing accommodation and becoming productive members of society through case management.
MCA 2023-70007; -70008 Family Day Care and Emergency Shelters February 12, 2024
Additionally, the standards for emergency shelters under Section 9-4.2525 (e)(11) of the municipal code would be amended to read as follows:
The length of stay for any shelter resident shall be not exceed 6 months determined on a case-by-case basis.
Upon the Planning Commission's recomm endation and approval of this MCA request by the City Council, shelters woul d be afforded the flexibility to continue working with people staying in shelters to place them into permanent housing, jobs, and continued supportive services to ensure they remain off the streets.
Attachments #3 and #4 to the staff repor t included the changes to the Municipal Code outlined above for “family day care home” and changes to the definition and special standard related to “emergency shelters.”
ENVIRONMENTAL REVIEW:
The project has been determined to be ex empt from the requirements of the California Environmental Quality Act (C EQA) pursuant to Section 15061(b)(3) of Title 14, Chapter 3 of the California Code of Regulations as “…CEQA applies only to projects which have the potential fo r causing a significant effect on the environment. Where it can be seen with certainty that ther e is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.” Therefore, this project would not have a significant effect on the environment and is exempt from further review under CEQA.
CONCLUSION:
The municipal code amendment re lated to family day care is required to comply with the California Child Day Care Act wh ich regulates day care facilities within communities.
The municipal code amendment related to emergency shelters is necessary to assist unhoused people moving into per manent housing with the required supportive services to ensure a success rate of becoming productive members of society.
The municipal code amendment s will not be detrimental to the public health, safety, or general welfar e and are consistent with the Thousand Oaks General Plan. If these MCAs are recommended for approval to the City Council by the Planning Commission and subsequently approved by City C ouncil, it would bring the TOMC up to conformanc e with the State regulatio ns and help fulfill City and MCA 2023-70007; -70008 Family Day Care and Emergency Shelters February 12, 2024
State housing goals. Therefore, staff recommends that the Planning Commission adopt the attached Draft Resolutions (A ttachments #1 and #2) recommending approval of this Municipal Code Amendmen t request to City Council as outlined above.
Prepared by: Nizar Slim, Senior Planner
Attachments:
Attachment #1 - Draft Planning Commission Resolution (Day Care) Attachment #2 - Draft Planning Commission Resolution (Emergency) Attachment #3 - Draft Ordinance including “Definitions” related to Day Care [TOMC Section Sec. 9-4.202] MCA# 2023-70007
Attachment #4 - Draft Ordinance Including “Definitions” related to Shelters [TOMC Section Sec. 9-4.202] MCA# 2023-70008
Attachment #5 - Resolution No. 2023-053 Initiating MCA 2023-70003, -70005, - 70006, -70007, -70008
cdd:660-21/ns/H:COMMON/Planning Commission/Agenda Packet/ 2024/2024-02-12/08A MCAs Em Shelter Family, Day Care MCA 2023-70007 -70008 Staff Report/pz (FILE ID: MCA 2023 -70007; -70008)
To avoid duplica�on, only the final, signed Resolu�ons and their Exhibits, the Dra� Ordinances, are being included.
ATTACHMENT #s 1 – 4
(To the 2/12/2024 PC Packet)
CITY OF THOUSAND OAKS
PLANNING COMMISSION
RESOLUTION NO. 01-2024 PC
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF THOUSAND OAKS
RECOMMENDING THAT T HE CITY COUNCIL
ADOPT AN ORDINANCE AMENDING THE
THOUSAND OAKS MUNICIPAL CODE TITLE 9 ,
CHAPTER 4, ARTICLES 2 AND 21 REGARDING
FAMILY DAY CARE HOMES AND R ESIDENTIAL
ZONE LAND USE MATRIX (MCA 2023-70007)
Application: MCA 2023-70007
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 September 26, 2023, the City Council of the City of Thousand O aks adopted a resolution declaring its intention to consider amendments to the Thousand Oaks Municipal Code related to Residential Large Family Day Care; and.
WHEREAS, the authority to adopt and enforce zoning regulations is an exercise of the City's police power to protect the public health, safety, and welfare; and
WHEREAS, enacted Senate Bill 234 (SB 234) mandates that a city must allow certain day care uses in all residentially zoned areas and may not impose a business license, fee, tax, or other local restriction, including requiring special zoning permits, before a person or entity may commence operating a large family day care home; and
WHEREAS, the Planning Commission, upon giving the required notice, did, on the 12th day of February 2024, conduct a duly advertised public hearing as prescribed by law to consider said application; and
cdd:660-21 /ns/H :COMMON/Planning Commission/Agenda Packet/2024/2024-02-12/Final PC Resolution 01-2024 PC MCA Family Day Care MCA 2023-70007/pz (FILE ID: MCA 2023 -70007)
WHEREAS, at the February 12, 2024, 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 the Planning Commission recommends that MCA 2023-70007 be approved by the City Council of the City of Thousand Oaks by the adoption of an ordinance to amend the Thousand Oaks Municipal Code to add a new definition for "Family Day Care Home" and amend existing definitions for Small and Large Family Day Cares as well as modifying the term in the Residential Use Matrix to reflect that the use is allowed by right within residential zone.
SECTION 2
WHEREAS, the findings of the Planning Commission for recommending approval of said Municipal Code Amendment application MCA 2023-70007 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 ).
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).
3. The project will not be detrimental to the public health, safety, or general welfare per TOMC Sec. 9-4.2803(c)(3).
4. The project has been reviewed in conformance with the provisions of the California Environmental Quality Act per TOMC Sec. 9-4.2803(c)(4 ).
The project has been determined to be exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to California Government Code Section 15061 (b)(3) of the State CEQA Guidelines as " ... CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA." The proposed MCA will bring the City in compliance with the State by allowing in-home care for up to fourteen children, as defined in Section 1596.78 of the Health and Safety Code. Therefore, this project would not have a significant effect on the environment and is exempt from further review under CEQA.
cdd:660-21 /ns/H:COMMON/Planning Commission/Agenda Packet/2024/2024-02-12/Final PC Resolution 01-2024 PC MCA Family Day Care MCA 2023-70007/pz (FILE ID: MCA 2023 -70007)
SECTION 3
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends that City Council approve the Municipal Code Amendment 2023-70007 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 12th day of February 2024, by the following vote:
AYES: Commissioners Farris, Tyler Ketelhut, Link, McMahon, and Chair Lanson
NOES: None
ABSENT: None
ABSTAIN: None
Fabiola Zelaya Me·
Planning Commission
cdd:660-21 /ns/H :COMMON/Planning Commission/Agenda Packel/2024/2024-02-12/Final PC Resolution 01-2024 PC MCA Family Day Care MCA 2023-70007/pz (FILE ID: MCA 2023 -70007)
EXHIBIT A
DRAFT
ORDIANCE NO. - --- -
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF THOUSAND OAKS AMENDING THE
THOUSAND OAKS MUNICIPAL CODE, TITLE 9
CHAPTER 4, ARTICLE 2 TO REDEFINE THE TERM
SMALL AND LARGE FAMILY DAY CARE HOMES
(MCA-2023-70008)
The City Council of the City of Thousand Oaks does hereby ordain as follows:
Part 1
The following definitions in S ection 9-4.202 (Definitions) of Article 2 of the Thousand Oaks Municipal Code are being amended:
"Family day care home" shall mean a facility that regularly provides care, protection, and supervision for 14 or fewer children, in the provider's own home, for periods of less than 24 hours per day, while the parents or guardians are away, and is either a large family day care home or a small family day care home, as defined in Health and Safety Code Section 1596.78 f&
"Large family day care home" shall mean a facility that provides care, protection, and supervision of 7 to 14 children, inclusive, including children under 10 years of age who reside at the home, as set forth in Section 1596.78 (b) of the Health and Safety Code. is a city regulated residential use and home family for seven (7) to twelve (12) children, inclusive or up to fourteen (14 ), inclusive, if two (2) of the children are six (6) years of age or older. Children under the age of ten (10) years who reside in the home shall be counted for purposes of these limits.
"Small family day care day care home" shall mean is a facility that provides care, protection, and supervision for eight or fewer children including children under 10 years of age who reside at the home, as set forth in Section 1596.78 (c) of the California Health and Safety Code. permitted residential use and home family day care facility for six (6) or fmver children, or eight (8) or fevver children if two (2) of the children are six (6) years of age or older. Children under the age of ten (10) years who reside in the home shall be counted for purposes of these limits.
cdd:660-21 /ns/H:COMMON/Planning Commission/Agenda Packet/2024/2024-02-12/Final PC Resolution 01-2024 PC MCA Family Day Care MCA 2023-70007/pz (FILE ID: MCA 2023 -70007)
"Small family day care home or large haffiB family day care home" shall mean a detached single-family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multifamily dwelling in which the underlying zoning allows for residential uses. A small family day care home or large family day care home is where the day care provider resides and includes a dwelling or a dwelling unit that is rented, leased, or owned as set forth in Section 1596 (d) of the Health and Safety Code. is a City regulated residential use and home family day care facility for seven (7) to tvvelve (12) children, inclusive, or up to fourteen (14) children, inclusive, if two (2) of the children are six (6) years of age or older. Children under the age of ten (10) years 1..vho reside in the home shall be counted for purposes of these limits.
Part 2
Section 9-4.2104 (Permitted use matrix - -Residential zones) of Article 21 of the Thousand Oaks Municipal Code is amended to read as follows:
Land Use Residential Zoning Classifications
Category
R-A R-E R-0 R-1 R-2 R-3 RPO RPO- HPO HPO TPO
SFO SFD
Residential Zone
Accessory Uses
(USE) WM WM WM WM WM WM WM WM WM WM
Small and Large E E E E E E E E E E
family day care
Part 3
(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 p repared, proposed, adopted, cdd:660-21 /ns/H:COMMON/Planning Commission/Agenda Packel/2024/2024-02-12/Final PC Resolution 01-2024 PC MCA Family Day Care MCA 2023-70007/pz (FILE ID: MCA 2023 -70007)
approved and ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Part 4
(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:
Al Adam, Mayor
City of Thousand Oaks, California
ATTEST/CERTIFY:
Laura B. Maguire, City Clerk
Date Attested: - ----- -
APPROVED 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/ns/H:COMMON/Planning Commission/Agenda Packet/2024/2024-02-12/Final PC Resolution 01-2024 PC MCA Family Day Care MCA 2023-70007/pz (FILE ID: MCA 2023 -70007)
CITY OF THOUSAND OAKS
PLANNING COMMISSION
RESOLUTION NO. 02-2024 PC
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF THOUSAND OAKS
RECOMMENDING THAT THE CITY COUNCIL
ADOPT AN ORDINANCE AMENDING THE
THOUSAND OAKS MUNICIPAL CODE TITLE 9,
CHAPTER 4, INTRODUCING A DEFINITION FOR
LOW BARRIER NAVIGATION CENTER (MCA 2023-
70008)
Application: MCA 2023-70008
Applicant: City of Thousand Oaks
Location: Citywide
SECTION 1
The Planning Commission of the City of Thousand Oaks, California, DOES RESOLVE AS FOLLOWS:
WHEREAS, California Constitution Article XI, Section 7, enables the City of Thousand Oaks (the "City") to enact local planning and land use regulations; and WHEREAS, on September 26, 2023, the City Council of the City of Thousand Oaks adopted a resolution declaring the intention to consider an amendment to the Thousand Oaks Municipal Code related to emergency shelters, and
WHEREAS, like many other regions in California, the City has seen rapid and troubling growth in the homeless population over the past several years, a condition that has been difficult to address given the high cost of housing and property in the areas, and the shortage of emergency, transition, and affordable housing available in the County to serve this population; and cdd:660-21/ns/H:COMMON/Planning Commission/Agenda Packet/2024/2024-02-12/08A MCAs Em Shelter, Family Day Care MCA 2023-70007 -70008 Attach 2/pz (FILE ID MCA 2023 -70007; -70008)
WHEREAS, in efforts to address the crisis, shelters, and temporary housing can establish a more robust guide and services for individuals and housing designed to prevent and end homelessness; and
WHEREAS, on January 12, 2024, the City Council approved various agreements with service providers for the construction, operation, and management of a low-barrier navigation center located at 1205 Lawrence Drive, Thousand Oaks, that initially will provide temporary housing for up to 30 persons with a goal of transferring participants to more permanent housing; and WHEREAS, the Planning Commission, upon giving the required notice, did, on the 12th day of February 2024, conduct a duly advertised public hearing as prescribed by law to consider said application; and
WHEREAS, at the February 12, 2024, 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 the Planning Commission recommends that MCA 2023-70008 be approved by the City Council of the City of Thousand Oaks by the adoption of an ordinance to amend the Thousand Oaks Municipal Code to introduce the term Low-barrier Navigation Center inclusive of operational parameters and an exception to limitation of residency.
SECTION 2
WHEREAS, the findings of the Planning Commission for recommending approval of said Municipal Code Amendment application MCA 2023-70008 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 ).
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).
3. The project will not be detrimental to the public health, safety, or general welfare per TOMC Sec. 9-4.2803(c)(3).
4. The project has been reviewed in conformance with the provisions of the California Environmental Quality Act per TOMC Sec. 9-4.2803(c)(4 ).
The project has been determined to be exempt from the requirements of the California E nvironmental Quality Act (CEQA) pursuant to California cdd:660-21 /ns/H:COMMON/Planning Commission/Agenda Packet/2024/2024-02-12/08A MCAs Em Shelter, Family Day Care MCA 2023-70007 -70008 Attach 2/pz (FILE ID: MCA 2023 -70007; -70008)
Government Code Section 15061 (b)(3) of the State CEQA Guidelines as " ... CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA." The proposed MCA will allow shelter to meet the needs of unhoused people and the community.
SECTION 3
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends that City Council approve the Municipal Code Amendment 2023- 70008 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 12th day of February 2024, by the following vote:
AYES: Commissioners Farris, Tyler Ketelhut, Link, McMahon, and Chair Lanson
NOES: None
ABSENT: None
ABSTAIN: None
cdd 660-21/ns/H·COMMO N/Pl;-11111i119 Cornruis ·io11//\~JUrHl;-1 P;-1ckel/2024/2024-0?-12/08/\ MCA:; Em Shelter, Family Day Care MCA 2023-70007 -70008 Attach 2/p; (FILE ID· MCA 2023 -70007: -70008)
ORDINANCE NO. ---- -
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF THOUSAND OAKS AMENDING THE
THOUSAND OAKS MUNICIPAL CODE, TITLE 9,
CHAPTER 4, ARTICLE 2, BY INTRODUCING A
DEFINITION FOR LOW BARRIER NAVIGATION
CENTER (MCA 2023-70008)
The City Council of the City of Thousand Oaks does hereby ordain as follows:
Part 1
The following definition will be introduced in Section 9-4.202 (Definitions) of Article 2 of the Thousand Oaks Municipal Code is being amended to:
NEW Definition: "Low-Barrier Navigation Center" is a type of Emergency Shelter that is a Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers c onnect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. "Low Barrier" means best practices to reduce barriers to entry, and may include, but is not lirnited to, the following:
(1) The presence of partners if it is not a population-specific site, such as for survivors of domestic viol~nce or sexual assault, women, or youth. (2) Pets.
(3) The storage of possessions.
(4) Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.
Part 2
The following definition in Section 9-4.202 (Definitions) of Article 2 of the Thousand Oaks Municipal Code is being amended to:
cdd:660-21/ns/H COMMON/Planning Commission/Agenda Packet/2024/2024-02-12/08A MCAs Em Shelter, Family Day Care MCA 2023-70007 -70008 Attach 2/pz (FILE ID: MCA 2023 -70007; -70008)
EXHIBIT A
Current: "Emergency shelter" shall mean housing with minimal supportive services for homeless persons that is limited to occupancy for six (6) months or less by a homeless person.
Amended to: "Emergency shelter" shall mean housing with minimal supportive services for homeless persons that is limited to occupancy for six (6) months or less by a homeless person, excluding Low-Barrier Navigation Centers.
Part 3
Sec. 9-4.2525. Emergency Shelters of Article 25 of the Thousand Oaks Municipal Code is amended to read as follows:
Emergency Shelters shall be subject to the following special standards:
(a) O ne off-street automobile parking space shall be provided per staff person during the largest shift, plus 1 /5 of a parking space for each resident. (b) Bi cycle racks shall be provided.
(c) A client intake area shall be provided at the building entrance and shall include a service counter and a reception area with seating and work space. (d) No emergency shelter shall be located less than three hundred (300') feet from another emergency shelter.
(e) Each emergency shelter shall provide on-site management at all times while the shelter remains open, consisting of a minimum of one staff person per 15 clients that enforces and complies with the following requirements:
(1) Shelter staff shall receive training in emergency evacuation procedures, shelter operating procedures, first-aid and non-violent crisis intervention. (2) S helter clients shall be provided with clean sanitary beds and sanitation facilities, including toilets, showers, bedding, soap, towels and toilet tissue. (3) Laundry facilities shall be provided for clients to wash their clothes or shelter staff shall help clients make arrangements for laundry services. (4) According to their needs, clients shall be referred to appropriate medical, psychiatric, housing, educational, social and nutritional services. (5) No individual shall be denied shelter because of an inability to pay. (6) S helter rules shall be posted and made known to all clients. cdd:660-21/ns/H COMMON/Planning Commission/Agenda Packet/2024/2024-02-12/08A MCAs Em Shelter, Family Day Care MCA 2023-70007 -70008 Attach 2/pz (FILE ID MCA 2023 -70007; -70008)
(7) Management shall establish and enforce rules prohibiting the use of alcohol, illegal use of controlled substances, violent or illegal behavior. (8) Management shall maintain a n attendance log to document the demographic characteristics of the clients served and provide an annual report to the City describing the demographics of shelter users and the services provided. (9) Management shall promptly remove any litter in the vicinity attributable to use of the shelter.
(10) No items, including, but not limited to, possessions brought to the shelter by clients, shall be stored outdoors.
(11) Except for Low-Barrier Navigation Centers, the length of stay for any shelter resident shall not exceed 6 months.
(12) No pets shall be allowed in the shelter unless separate indoor kennel facilities are provided for pets.
(13) E ach shelter shall provide an outdoor smoking area(s) on the premises. (f) Each shelter shall provide the following basic security measures:
(1) Entrances and exits shall be clearly marked and well-lighted. (2) Adequate external and internal security lighting shall be provided. (3) Individual lockers shall be provided to allow clients to secure their private possessions while using the shelter.
(4) Separate sleeping areas shall be provided for men, women and families. (5) S eparate bathing facilities shall be provided for men and women. (6) No person shall be allowed to camp on the premises or sleep on the premises outside of the shelter building.
(§ 30, Ord. 1547-NS, eff. January 12, 2011)
Part 4
(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 is hereby expressly declared that this title, and e ach 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 cdd:660-21/ns/H:COMMON/Planning Commission/Agenda Packet/2024/2024-02-12/08A MCAs Em Shelter, Family Day Care MCA 2023-70007 -70008 Attach 2/pz (FILE ID: MCA 2023 -70007; -70008)
sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Part 5
(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 XX, 2024 by the following vote:
Al Adam, Mayor
City of Thousand Oaks, California
ATTEST/CERTIFY:
Laura B. Maguire, City Clerk
Date Attested: -------
APPROVED AS TO FORM: APPROVED AS TO ADMINISTRATION:
Tracy M. Noonan, City Attorney Andrew P. Powers, City Manager The presence of an 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/ns/H:COMMON/Planning Commission/Agenda Packet/2024/2024-02-12/08A MCAs Em Shelter, Family Day Care MCA 2023-70007 -70008 Attach 2/pz (FILE ID: MCA 2023 -70007; -70008)
DocuSign Envelope ID: 29A26B3A-5493-4B6F-BB5A-6D82950047B5 RESOLUTION NO. 2023-053
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
THOUSAND OAKS DECLARING INTENTION TO
CONSIDER AMENDMENTS TO THE THOUSAND OAKS
MUNICIPAL CODE TO UPDATE CERTAIN REGULATIONS
REGARDING SCHOOL USES IN RESIDENTIAL ZONES
(MCA 2023-70003); ACCESSORY DWELLING UNITS, SB-9
THE CALIFORNIA HOME ACT, CLEAN-UP (MCA 2023-
70005); MASSAGE ESTABLISHMENTS (MCA 2023-70006);
RESIDENTIAL LARGE FAMILY DAYCARE (MCA 2023-
70007); AND EMERGENCY SHELTERS (MCA 2023-70008)
WHEREAS, it is the intention of the Thousand Oaks City Council to consider amendments to the Thousand Oaks Municipal Code to update Accessory Dwelling Units and other zoning regulations to comply with State law and maintain best planning practices; and
WHEREAS, staff has identified certain regulations and standards that warrant review and evaluation, including but not limited to, Senate Bill 9, Residential Large Family Day Care, Massage Establishments, Emergency Shelters and clarification of certain terms; and
WHEREAS, the City Council is directing staff and the Planning Commission to study and make recommendations to the City Council on the above-described amendments; and
WHEREAS, the City Council finds the initiation process for this proposed Municipal Code Amendment is not subject to the California Environmental Quality Act (CEQA) as the activity is exempt under CEQA Guidelines Section 15061 (b )(3).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Thousand Oaks as follows:
Section 1: It is the intention of the City Council to consider amendments to the Thousand Oaks Municipal Code as detailed in applications MCA-2023-70003, MCA 2023-70005, MCA 2023-70006, MCA 2023-70007, and MCA 2023-70008. cdd:660-21\NS\H:\COMMON\City Council\CC Agenda ltems\2023\09262023\MCA Initiations Plan zone Code\Attachment 1 (FILE ID: MCA 2023-70003; - 70005; - 70006; - 70007; - 70008)
Res. No. 2023-053
(To the PC Packet of 2/12/2024)
DocuSign Envelope ID: 29A26B3A- 5493- 4B6F- BB5A- 6D82950047B5 Section 2: These proposed amendments are hereby referred to staff for processing to the Planning Commission for public hearing, report, and recommendation and back to the City Council pursuant to Section 9-4.2902 of the Thousand Oaks Municipal Code.
PASSED AND ADOPTED this 26t" day of September 2023, by the following vote:
Ayes: Councilmembers Taylor, Adam, and Mayor McNamee
Noes: Councilmembers Engler and Newman
Absent: None DocuSigned by:
Avis, ~ Za- over.
56 Kevin McNamee, Mayor
City of Thousand Oaks, California
ATTEST/ CERTIFY:
DocuSigned by:
Laura B. Maguire, City Clerk
Date Attested:
9/ 28/ 2023
APPROVED AS TO FORM:
Office of the City Attorney
DocuSigned by:
Tracy M. Noonan, City Attorney
APPROVED AS TO ADMINISTRATION:
DocuSigned by:
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\ NS\ H:\ C0MM0N\ City Council\ CC Agenda Items\ 2023\ 09262023\ MCA Initiations Plan zone Code\ Attachment 1 ( FILE ID: MCA 2023- 70003; - 70005; - 70006; - 70007; - 70008)
Res. No. 2023- 053