TO:Andrew P. Powers, City Manager
FROM:Kelvin Parker, Community Development Director
DATE:August 27, 2024
SUBJECT: Fore Green Development, LLC – General Plan and Academy Business Park Specific Plan Amendments Initiation
RECOMMENDATION:
1. Receive request.
2. Provide direction. Options include:
a. Adopt resolution to initiate the study and processing for consideration of a General Plan Amendment and Academy Business Park Specific Plan (SP 13) Amendment to study redesignating the land use designation of Light Industrial to Neighborhood High (>20 to 30 units/acre) and corresponding zoning for an approximately 80-acre site to accommodate approximately 33 acres of residential uses and approximately 47 acres for open space located at the northern terminus of Academy Drive northerly of Hillcrest Drive and authorize concurrent processing of legislative actions and project entitlements.
or
b. Adopt resolution to deny the initiation of the General Plan Amendment, Specific Plan Amendment, and concurrent processing of legislative actions and project entitlements without prejudice to a subsequent application when conditions exist which might justify consideration of the requested changes.
3. Find that this action is not a project as defined under the California Environmental Quality Act (CEQA).
LEVINE ACT ITEM: Yes
FINANCIAL IMPACT:
No Additional Funding Requested. The applicant submitted the required filing fees and is required to reimburse the costs associated with processing the
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requested permits and environmental document. Staff time required to prepare the report is included in the Adopted FY 2024-25 General Fund Budget.
BACKGROUND:
City Council approved the Academy Business Park Specific Plan (SP 13) on February 6, 1996, to establish a long-range master plan for 458 acres of land on the north side of the 101 Freeway at Wendy Drive (Attachments #1 through #3).
SP 13 included Planning Units (which designate various land uses: commercial, retirement center, school, light industry, open space) and circulation to provide for the construction of a new high school, elementary school and pre-school, retirement center, 84 units of staff housing, church, approximately 750,000 square feet of commercial retail, approximately 35,000 square feet of industrial, and approximately 259 acres proposed to be set aside as open space. The specific plan was designed to implement policies in alignment with the intent of the City’s General Plan, as had existed at the time of adoption, and to establish regulations for a specific geographic region. The specific plan includes custom development and design standards, permitted land uses, infrastructure requirements, implementation measures, and other criteria.
On May 23, 2006, City Council approved SP 13 Amendment No. 1 to modify the location of the elementary school and fire station by changing the Planning Units and associated zoning, alter the retail zoning, revise road and trail alignments, and update select development standards consistent with these actions.
In 2021, City Council considered preferences for land use designations citywide as part of the General Plan Update process. City Council heard a request to change the designation to allow residential development on this property. Both in its initial preferred land use designation in 2021 and the adoption of the final Land Use Map as part of the General Plan Update in 2023, City Council declined to change the designation for this property to residential.
On January 25, 2011, City Council approved SP 13 Amendment No. 2 to consolidate Planning Units, revise road alignments, allow in-lieu fees to be paid to the Fire Protection District instead of constructing a fire station, and update select development standards consistent with these actions.
On December 5, 2023, City Council adopted the 2045 General Plan establishing standards and policies applicable to future development in the City.
Between April 12 and July 6, 2024, the applicant, Fore Green Development, LLC, submitted applications and associated materials for a General Plan Amendment (GP-2024-70001) and a Specific Plan Amendment (SP-2024-70002), respectively, subject to this initiation request (Attachment #4).
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DISCUSSION/ANALYSIS:
The applicant has requested City Council to initiate a General Plan Amendment to change the Land Use designation from Industrial Low to Neighborhood High and a Specific Plan Amendment to allow residential development instead of 1) industrial development as anticipated by the 2045 General Plan and 2) retirement center/school/institutional facilities and open space as anticipated by SP 13 on approximately 80 acres comprised of three assessor parcels (nos. 667-0-051-575; 667-0-051-585; & 667-0-051-595).
The application represents a change in land use policies. The Thousand Oaks Municipal Code (TOMC section 9-2.202) requires such a change in policy to be initiated by the policymakers before staff engages in the study and processing of the policy change.
The proposed Amendment would modify the Land Use Element designation to change approximately 33 acres from Industrial Low to Neighborhood High (> 20 to 30 units per acre) and reconfigure the Parks, Golf Courses, and Open Space boundaries. The remaining 47 acres would be reconfigured as Parks, Golf Courses, and Open Space.
The proposed Specific Plan Amendment would modify the zoning to reduce the amount of OS (Open Space) from approximately 54 acres to approximately 47 acres of OS (net decrease of approximately 7 acres), change approximately 7 acres of OS and 26 acres of P-L (Public, Quasi-Pubic, Institutional & Facilities) to 33 acres of R-P-D (Residential Planned Development).
If initiated, a proposed residential concept would be reviewed for consistency with all General Plan and SP 13’s standards and policies. For purposes of this initiation report, staff has conducted a cursory review of the concept for consistency with the 2045 General Plan. Staff found amending the Land Use Element to change approximately 33 acres from Industrial Low 1 to Neighborhood High 2 would result in a consequential change from the vision in the 2045 General Plan. Additionally, 1 Description: This designation allows for lower intensity job-producing uses including manufacturing, distribution, industrial, research and development, offices, breweries, distilleries, and supportive retail and services. Buildings are generally large footprint buildings with surface parking. Care should be taken to create an attractive environment along public rights of way. 2 Description: This designation enables a variety of multi-family housing. The designation supports walkable, transit-ready residential neighborhoods concentrated near commercial, civic and recreational uses. The designation allows for a variety of multi-family building types including apartments, townhomes, rowhouses, and walkup buildings. This designation applies to both existing multi-family housing and new infill housing in appropriate locations. The Neighborhood High designation is mostly focused near Thousand Oaks Boulevard between Hillcrest Drive and Highway 101, east of State Route 23.
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siting residential uses would be inconsistent with Safety Element Policy S-5.19:
“Siting New Development. Prioritize all new residential development to be built outside the Very High Fire Hazard Severity Zone.”
If initiated, City staff would conduct a thorough review of the concurrent project and the 2045 General Plan’s and SP 13’s standards and policies, citywide policies, and environmental impacts including, but not limited to, the following items:
•The orderly and efficient coordination of access/circulation/roads, including multi-modal transportation and emergency response, and
utilities/infrastructure;
•Fiscal impacts to serve future uses;
•Community benefits that would result from any change;
•Biological resources;
•Grading;
•Wildfire; and,
•Measure E (Resolution No. 96-112 and Ordinance No. 1280-NS) and Measure W (aka SOAR) (Ordinance No. 1628-NS) applicability and procedures.
The need for other General Plan Amendments and/or Specific Plan Amendments may be discovered during staff evaluation of the proposed amendments which would ultimately be presented to the Planning Commission and City Council.
Upon City Council adoption of a resolution to initiate the requested General Plan Amendment and Specific Plan Amendment (Attachment #5) for processing, staff would work with the applicant to modify the existing specific plan to incorporate policies, appropriate land uses, and development standards in compliance with the vision of the site and goals and policies of the General Plan, as amended.
Additionally, required environmental documents will be prepared pursuant to CEQA as part of project permit processing.
Conversely, upon City Council adopting a resolution to deny the initiation of the General Plan Amendment, Specific Plan Amendment, and concurrent processing of legislative actions and project entitlements (Attachment #6), staff would return unspent filing fees and no further action would be taken on this application.
LEVINE ACT (California Government Code § 84308):
This item is subject to the Levine Act. City Councilmembers who have received a campaign contribution of more than $250 (aggregated) within the preceding 12 months from a party or their agent/representative, or a financially-interested participant involved in this proceeding may do either of the following: (1) disclose the contribution on the record and recuse themselves from this proceeding; or if Fore Green Development, LLC – General Plan and SP 13 Amendments Initiation August 27, 2024
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applicable (2) return the portion of the contribution that exceeds $250 within 30 days from the time the official knew or should have known about the contribution, and participate in the proceeding.
All parties and their agents/representatives must disclose on the record of this proceeding any aggregated contribution of more than $250 made to any Councilmember within the preceding 12 months. Councilmembers are prohibited from accepting, soliciting, or directing a campaign contribution of more than $250 (aggregated) from a party, their agent/representative, or a financially-interested participant during a proceeding and for 12 months following the date a final decision is made. In addition, a party, their agent/representative, or a financially interested participant is prohibited from contributing more than $250 (aggregated) to a Councilmember during a proceeding and for 12 months following the date a final decision is made.
COUNCIL GOAL COMPLIANCE:
Meets the following City Council goals:
C. Operate City government in a fiscally and managerially responsible and prudent manner to ensure that the City of Thousand Oaks remains one of California's most desirable places to live, work, visit, recreate, and raise a family.
D. Maintain strong commitment to public safety (including Police, Fire, Emergency Medical Services, and Emergency Management) to ensure City remains one of the safest Cities in the United States with a population over 100,000.
F. Provide and enhance essential infrastructure to ensure that the goals and policies of the Thousand Oaks General Plan are carried out and the City retains its role and reputation as a leader in protecting the environment and preserving limited natural resources.
PREPARED BY: Scott Kolwitz, Sr. Planner
Attachments:
Attachment #1 – Vicinity Map
Attachment #2 – Location Map
Attachment #3 – Aerial Photograph
Attachment #4 – Applicant's General Plan Amendment and Specific Plan Amendment Intent
Attachment #5 – Resolution (Initiate)
Attachment #6 – Resolution (Deny)
cdd:440-25/H:/COMMON/City Council\CC Agenda Items/2024/08272024/ GP-2024-70001/Staff Report/pz (FILE ID: GP- 2024-70001)