Attachment 1 Planning Commission Staff Report — Thousand Oaks City Council, November 19, 2024

TO: P
lanning Commission
FR
OM: Kelvin Parker, Community Development Director
DATE
: October 21, 2024
SUBJ
ECT: Municipal Code Amendment (MCA) 2024-70003 Housing
Element Program 8 Implementation
LOC
ATION: Citywide
REQUEST:

To amend Articles 2, 21, and 25 of Chapter 4 of Title 9 as well as Article 5 of Chapter 10 of Title 9 of the Thousand Oaks Municipal Code to implement the 2021- 2029 Housing Element Program 8 for Zoning Code Amendments addressing State housing and land use mandates related to Manufactured Homes, Density Bonus, Emergency Shelters, Residential Care Facilities, and Transitional , Supportive, Farmworker and Employee Housing.

RECOMMENDATION:

Adop
t a Resolution based on the findings contained therein, recommending that City Council:

1. Find that the proposed action requires no further environmental document pursuant to Sections 15183 and 15168(c)(2)(5) of the California Environmental Quality Act (CEQA) because the proposed actions are consistent with the City’s goals, policies and programs containe d in the adopted General Plan and Housing Element under a certified Program Environmental Impact Report (EIR); and

2. A
dopt an Ordinance approving MCA 2024- 70003 amendments to Articles 2, 21, and 25 of Chapter 4, Title 9 and Article 5 of Chapter 10, Title 9 of the Thousand Oaks Municipal Code.

ATTACHMENT #1
Housing Element Program 8 Implementation (MCA 2024-70003) October 21, 2024

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BACKGROUND:

General Plan 2045

In December 2023, City Council adopted a comprehensive update to the City’s General Plan. The proposed municipal code amendments continue the City’s process to update ordinances and policies that are consistent with, and implement the General Plan’s goals, policies, and intent to promote a diversity of housing types for Thousand Oaks residents through all stag es of life as well as to support the creation of safe, affordable, and sanitary housing for all ages, income levels, and abilities (General Plan Goal LU-3 and LU-4). Specific policies are listed below:

• Policy 3.1 Diversity of housing . Promote a diversity of housing types in locations throughout the City, specifically in neighborhood areas that contain goods and services, parks and open space, and public schools in a walkable setting.

• Policy 3.5 Housing for special needs . Support housing for older adults, special needs groups (including those with developmental disabilities), and non-traditional family groups by allowing a diverse range of housing configurations and universally accessible design features.

• Policy 4.5 Affordable housing stock. Increase the number and diversity of affordable housing units in the City and encourage housing of varying income levels and unit sizes/ floor plans.

State law requires jurisdictions to report annually on their progress in implementing the General Plan. Therefore, these amendments are critical to demonstrate the City is fulfilling its obligation and ensure consistency between the General Plan, Specific Plans, policies and regulations.

6th Cycle 2021-2029 Housing Element Implementation

The Housing Element is one of the mandated elements of the General Plan and serves as the primary guide to meet existing and projected housing needs of Thousand Oaks’ residents from June 30, 2021, through October 15, 2029. 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.

Housing Element Program 8 Implementation (MCA 2024-70003) October 21, 2024

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The 2021-2029 Housing Element was adopted by City Council on December 5, 2023, and certified by HCD on May 29, 2024. The Housing Element includes programs that the City is required to i mplement, with HCD confirming implementation through the review of required annual reports and review of all City adopted ordinances.

In order for the City to maintain the certification of the City’s Housing Element, all 18 programs and objectives must be implemented in the manner described, in accordance with the timeframes provided, and to the satisfaction of HCD. A non- compliant Housing Element that does not meet RHNA requirements may bring a number of consequences , including but not limited to limited access to state funding programs, including Community Development Block Grant (CDBG) funds and planning grants, mandatory compliance by state order, suspension of local control on building ordinances, and court approval of housing development projects. Recent legislation authorizes HCD to find a jurisdiction out of compliance with State housing law at any time and they can review any action or inaction by a jurisdiction that it determines inconsistent with an adopted Housing Element and can de-certify a Housing Element.

The Housing Element program being implemented by the proposed Municipal Code Amendment (in part) is Program 8: “Zoning Code Amendments.” There are a number of changes to housing and land use mandates that have occurred over the past several years that impact development in Thousand Oaks and necessitate amendments to the City’s Municipal Code . Program 8 i ncludes amendments related to the following: 1) Manufactured Homes; 2) Density Bonus; 3) Emergency Shelters; 4) Residential Care Facilities; 5) Supportive Housing; and 6) Farmworker and Employee Housing

The Low Barrier Navigation Center amendment listed within t he Program has already been implemented with City Council’s adoption of Ordinance 1730 and Ordinance 1726-NS and no further code amendment is necessary. Low Barrier Navigation Centers fall under the umbrella of the Emergency Shelter use category in the zoning regulations and is allowed by right in the Mixed- Use and Mixed-Use Overlay Zones districts pursuant to AB 101.

The draft resolution recommending approval of the Municipal Code Amendment to the City Council is contained in Attachment #1 , and the draft Ordinance is contained in Attachment #2, with a track change version in Attachment #3.

Housing Element Program 8 Implementation (MCA 2024-70003) October 21, 2024

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DISCUSSION/ANALYSIS

As required by the City’s Housing Element Program 8, recent changes to housing and land use mandates, necessitate amendment to the Thousand Oaks Municipal Code (TOMC) related to the following:

Manufactured Homes

• Objective: Manufactured homes must be processed in the same manner as single-family homes , ensuring that the City’s code does not contain any barriers or restrictions for manufactured homes.

The Community Development Department processes applications for the development of manufactured homes in the same manner and subject to the same standards as conventional single-family homes ; however, this practice has not been codified in the TOMC. To clarify this process, the definition of ‘dwelling unit’ and “dwelling, one-family” will be amended to include a reference to manufactured homes. The permitted use matrix for residential zones in Sec. 9- 4.2104 permits one-family dwellings with the approval of a Precise Plan of Design application (PPD), Residential Planned Development application (RPD), or Hillside Planned Development application (HPD). Therefore, manufactured homes are permitted under the “one-family dwelling” land use category.

Density Bonus

• Objective: Update the TOMC to be in compliance with State Density Bonus Law.

The City’s Density Bonus Program within the Affordable Housing Chapter of the TOMC was last updated in 2010 (Ordinance No. 1540- NS/ Municipal Code Amendment (MCA) 2009-70121) to reflect changes in state law adopted under SB 2280 passed by the legislation in 2008. The State Density Bonus Law has been amended over twenty times since SB 2280 went into effect (see a summary of legislative changes in Attachment 4) . To minimize the administrative burden of frequently amending the TOMC in response to changes in the State Density Bonus Law, and the given the inability on an almost yearly basis as it relates to the State Density Bonus Law (without the City having the ability to insert additional local controls), staff recommends amending the TOMC to directly reference state law, incorporating any future amendments by the State legislature on density bonus law over time . As a result, Title 9, Chapter 10, Article 5 beginning with TOMC Housing Element Program 8 Implementation (MCA 2024-70003) October 21, 2024

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Section 9-10.501 et seq. will be amended, renumbered, or removed as several sections currently adopted will not be required to be retained in the code. (See attachments 2 and 3 containing the draft ordinance.)

Emergency and Transitional Housing

• Objective: Update the TOMC Section 9-4.2525 to be in conformance with the parking requirements for shelters under State Law.

Under AB 139, local governments may only apply parking requirements based solely on the shelter staffing level and may not exceed the parking requirements for residential and commercial uses in the same zone. Under Section 9-4.2525 of the TOMC, the current parking stan dards require one parking space per staff person during the largest shift, plus 0.2 spaces for each resident. To be compliant with California Government Code Section 65583, the 0.2 spaces required for each resident must be removed from the TOMC.

Supportive Housing: AB 2162

• Objective: Update the Municipal Code land use matrix and definitions to be in conformance with State Law and provide clarification for permit process.

AB 2162 ( codified in California Government Code Sections 65650 and 65656) became effective on January 1, 2019, and placed new limitations on how local jurisdictions can regulate supportive housing developments. Supportive housing means housing with no limit on length of stay, that is occupied by the target population, and that is linked to an onsite or offsite service that assists the supportive housing resident in retaining housing, improving his or her health status, and maximum his or her ability to live and, when possible, work in the community. Target populations means persons with low incomes who may have one or more disabilities and may include adults, emancipated minor, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and persons experiencing homelessness.

In order to remove barriers to the development of supportive housing, this bill requires that supportive housing developments with 50 or fewer units be permitted by right (60-day application process) in zones where multi -family and mixed- use developments are permitted, provided the development meets certain requirements.

According to the law, developments with more than 50 units have a review timeline of 120 days but are not required to be approved through a ministerial process.

Housing Element Program 8 Implementation (MCA 2024-70003) October 21, 2024

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Additionally, a jurisdiction may not place parking requirements on a supportive housing project located within one-half mile from a public transit stop.

Therefore, supportive housing has been added to the land use matrix in multi- family zones (R-2, R-3, and RPD) and the mixed-use zone (MU) as permitted (P) for 50 or less units or with a Special Use Permit ( SUP) for 50 or more units of Supportive Housing in the same zoning designations.

Farmworker and Employee Housing

• Objective: Define farmworker employee housing and allow for the use in a similar manner where agricultural uses are permitted.

Health and Safety Code Section 17021.5 specifies that any farmworker employee housing providing accommodations for six or fewer employees shall be deemed a single-family structure with a residential land use designation . Health and Safety Code Section 17021.6 states that any farmworker employee housing consisting of no more than 36 beds in a group quarter, or 12 units or spaces designed for use by a single family or household, shall be deemed an agricultural land use .

Furthermore, the code section specifies that no conditional use permit, zoning variance, or other discretionary zoning clearance shall be required that is not required of any other agricultural activity in the same zone.

To meet the requirements of the Health and Safety Code as they pertain to farmworker and employee housing, definitions have been drafted for a farmworker dwelling (6 or fewer employees) and farmworker housing complex (up to 12 units with 36 beds) . The permitted use matrix for residential zones under residential uses has been included with the proposed ordinance to include the line items for farmworker dwellings with a permitted use in both the R -A and R -E zoning designations. A farmworker housing complex is included as an allowed use with a SUP in the same zoning designations . Additionally, the permitted use matrix for non-residential zones under agricultural and extractive uses has been revised to include the permitted use of a farmworker dwelling in the C-3, C-4, and M-1 zoning designations and a farmworker housing complex is allowed with a SUP in the same zoning designations.

Residential Care Facilities

• Objective: Unlicensed and licensed residential care facilities must be treated the same. To update the Municipal Code to be in compliance with HCDs determination of fair housing for persons with disabilities.

Housing Element Program 8 Implementation (MCA 2024-70003) October 21, 2024

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There is a critical challenge of providing housing and supportive services for particularly vulnerable groups, including individuals who have severe and persistent mental illness or other disabilities, were formerly homeless, or older adults who have limited financial resources. Providers of housing and care services that are licensed by the state, such as nursing homes and residential care facilities, serve some of the individuals. However, unlicensed care homes, which provide room and board and some level of personal care services, but are not licensed by the state, fill some of the gaps in the availability of housing and services for these populations. These unlicensed care homes are referred to by several different names such as “board and care homes,” “boarding homes,” and “adult care homes.” HCD has clarified that both licensed and unlicensed facilities are allowed for both small and large residential care facilities. The definitions of both have been revised to include both licensed and unlicensed facilities.

Emergency Shelters

• Objective: Allow emergency shelters in at least one zone that allows residential and include standards that are objective.

AB 2339 expanded the definition of “emergency shelters” to include other interim interventions, including navigation centers, bridge housing, and respite or recuperative care. Under AB 2339 , emergency shelters are to be permitted by- right in one or more zones that allow residential uses, including mixed-use, without a conditional use or other discretionary permit and that are suitable for residential uses. The Housing Element program states “the City will amend the Zoning Code, to allow emergency shelters by-right with the future mixed-use zoning district and include objective standards for emergency shelters.”

A portion of this item has already been implemented with the adoption of Ordinance 1726-NS in March 2024. Emergency Shelters are permitted by-right in the Mixed-Use Zone permitted use matrix.

Emergency shelters are subject to spe cific standards in Sec. 9- 4.2525 of the TOMC. An evaluation of the standards was completed, and one standard must be amended to be objective. Sec. 9-4.2525(e)(9) states “Management shall promptly remove any litter in the vicinity attributable to use of the shelter.” This standard must be amended to remove the subjective term “promptly” and add “within 48 hours” to read as follows: “ Management shall remove any litter in the vicinity attributable to use of the shelter within 48 hours ”. Otherwise, the remaining standards are objective and do not require amending and are consistent with the allowances under Government Code Section 65583 and 65863.

Housing Element Program 8 Implementation (MCA 2024-70003) October 21, 2024

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ENVIRONMENTAL REVIEW

The proposed amendments are activities that were anticipated for the implementation of the adopted goals, programs and policies contained in the City’s recently adopted General Plan. The amendments are consistent with the development density adopted in the General Plan and supporting elements and pursuant to CEQA Guidelines Sections 15183 and 15168 (c)(2) and (c)(5), no further environmental review or documents are required. The activities of implementing such programs will facilitate development as intended by the General Plan and the Housing Element and were analyzed under the certified Program EIR. These specific actions are called out as program implementation of the 2012- 2029 Housing Element to align with the housing types allowed under state law. Any conceivable impact of the proposed amendments would also be speculative in the absence of specific development proposals.

CONCLUSION

The proposed Municipal Code Amendment implement s the measures set forth in the Council adopted 2021- 2029 Housing Element by updating standards for manufactured homes, density bonus, emergency shelters , residential care facilities, and transitional, supportive, farmworker and employee housing emergency shelters. These municipal code amendments are a necessary component towards implementing the City’s 2021-2029 Housing Element and maintaining its certified status . Staff recommends that the Planning Commission approve the draft resolution recommending that the City Council approve MCA 2024-70003 as set forth in the attached ordinance (Attachment #2).

Prepared by: Justine Kendall, Senior Planner
Iain Holt, Senior Planner
Angela Georgeff, Associate Planner

Attachments:

Attachment #1 – Resolution Recommending Approval to City Council Attachment #2 – Municipal Code Ordinance
Attachment #3 – Municipal Code Ordinance with track changes Attachment #4 – Summary of Density Bonus Law Updates since 2007

CDD:660-21/kr/H:COMMON/Planning Commission/Agenda Packet/2024/2024-10-21/HE Program 8 Impl ZA Amends MCA 2024-70003 Staff Report.docx/pz (FILE ID: MCA 2024-70003)

ATTACHMENT #1 & #2
(To PC Packet of 10/21/2024)
To avoid duplication, Attachment #1 Planning Commission Resolution, and Attachment #2 Draft Ordinance, have been replaced with the final, signed, PC Resolution No. 13-2024 PC and corresponding Exhibit A - Draft Ordinance containing changes made by the Planning Commission on October 21, 2024.

CDD:660-21/kr/H:COMMON/Planning Commission/Agenda Packet/2024/2024-10-21/HE Program 8 Imple ZC Amends MCA 2024-70003 Attachment #3 – Draft Ordinance with track changes.docx/pz [FILE ID: MCA 2024-70003]

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ORDINANCE NO. __________
AN O

RDINANCE OF THE CITY COUNCIL OF THE

CITY OF THOUSAND OAKS AMENDING THE

THOUSAND OAKS MUNICIPAL CODE BY
AMENDING SECTION 9 -4.202 OF TITLE 9,
CHAPTER 4, ARTICLE 2, AMENDING SECTIONS 9 -

4.2104, 9- 4.2104.5, AND 9- 4.2105 OF TITLE 9,
CHAPTER 4, ARTICLE 21, AMENDING SECTIONS 9-

4.2525, AND 9-4.2527, OF TITLE 9, CHAPTER 4,
ARTICLE 25, AND AMENDING ARTICLE 5 OF TITLE
9, CHAPTER 10 AS REQUIRED BY THE 2021 -2029
HOUSING ELEMENT PROGRAM 8 FOR ZONING

CODE AMENDMENTS ADDRESSING STATE

HOUSING AND LAND USE MANDATES RELATED

TO MANUFACTURED HOMES, DENSITY BONUS,

EMERGENCY SHELTERS, RESIDENTIAL CARE

FACILITIES, AND TRANSITIONAL, SUPPORTIVE,

FARMWORKER AND EMPLOYEE HOUSING (MCA-
2024-70003)
The C
ity Council of the City of Thousand Oaks does hereby ordain as follows:

Pa
rt 1
Ti
tle 9, Chapter 4, Article 2, Section 9 -4.202 Definitions is hereby amended for the definitions of “Dwelling Unit,” “ Dwelling, One-Family” “Farmworker Dwelling Unit,” “Farmworker Housing Complex,” “Residential care facilities, large,” “Residential care facilities, small,” and “Supportive Housing” as follows:
“Dwe
lling, one -family” “one- family dwelling” also known as “single- family dwelling,” shall mean a dwelling unit on a lot that is not part of a condominium project, which is detached from any other dwelling unit on the lot except an accessory dwelling unit which is fixed on a permanent foundation including a manufactured home, as defined in section 18007 of the Health and Safety Code. “D
welling unit” shall mean a building or rooms inside a building that are used as a domicile by one family, and contain common interior access and permanent living, sleeping, eating, cooking and sanitation facilities which is fixed on a permanent foundation including a manufactured home, as defined in section 18007 of the Health and Safety Code.

ATTACHMENT # 3
(To PC Packet of 10/21/2024)

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“Farmworker Dwelling Unit” shall mean a dwelling unit occupied by one or more farmworkers, employed full -time and working on- site where the dwelling unit is located, or employed on other land that is under the same ownership or lease as the subject lot p ursuant to Section 17021.5 of the Health and Safety Code.

Farmworkers who are principally employed offsite in activities associated with agricultural packing and storage facilities, and transportation of agricultural products to the market may not occupy a farmworker dwelling unit. Members of the farmworker’s household may also occupy said dwelling unit. “Farmworker Housing Complex” shall mean a residential development distinct from a farmworker dwelling unit where the units are rented to persons who are principally employed within the City of Thousand Oaks for activities associated with agriculture. Farmworker housing complexes may include studios, one- , two-, or three-bedroom units within the complex. Members of the farmworker’s household may also occupy said unit within the complex. Objective development standards must be met as detailed in section 17021.8 of the Health and Safety Code. "Residential care facilities, large" shall mean State licensed licensed or unlicensed facilities that provide 24-hour-a-day, non-medical care and supervision for seven (7) or more physically, mentally and/or developmentally disabled persons in need of assistance essential for sustaining the basic activities of daily living, such as bathing, dressing, eating, transferring and toileting. An unlicensed facility also means that the owner, possessors, occupiers, managers, and tenants are exempt from federal or State licensing requirements for the uses being conducted and managed at said facility.
“Residential care facilities, small” shall mean residential State licensed licensed or unlicensed facilities . An unlicensed facility also means that the owners, possessors, occupiers, managers, and tenants are exempt from federal or State licensing requirements for the uses being conducted and managed at said facility.

Small residential care facilities are required by law to be treated as residential uses for zoning purposes, including the following facilities serving six (6) or fewer persons:
(1) Residential care facilities for the elderly as set forth in Health and Safety Code Sec. 1569.85;
(2) Residential facilities (family homes, group care facilities for 24-hour-a-day non-medical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual) as set forth in Health and Safety Code Sec. 1502 (a) (1) and 1566.3;
(3) Alcoholism or drug abuse recovery or treatment facilities as set forth in Health and Safety Code Sec. 11834.02 and 11834.23;

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(4) Residential care facilities for persons with chronic life- threatening illnesses as set forth in Health and Safety Code Sec. 1568.0831; (5) Intermediate care facilities for the developmentally disabled habilitative, intermediate care facility/developmentally disabled-nursing and congregate health living facilities as set forth in Health and Safety Code Sec. 1267.8, 1267.9 and 1267.16;
(6) Pediatric day health and respite care facilities as set forth in Health and Safety Code Sec. 1760.2 and 1760.4;
(7) Family care homes, foster homes and group homes providing care on a 24 hour basis for mentally disordered or otherwise handicapped persons or dependent and neglected children as set forth in Welfare & Institutions Code Sec. 5115 and 5116.
“Supportive housing” shall mean a residential care facility with no limit on length of stay that is occupied by the target population as defined in California Health and Safety Code Sec. 50675.14 and that is linked to onsite or offsite services that assist the supportive housing resident in retaining housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.

Part 2

Title 9, Chapter 4, Article 21, Section 9- 4.2104 Permitted use matrix- Residential zones is hereby amended to add “Supportive Housing” and “Farmworker Dwelling” and “Farmworker Housing Complex” uses 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 Community Care Uses
Supportive
Housing
developments
with 50 units or
less
P P P
Supportive
Housing
developments
with more than 50
units

SUP SUP SUP
Residential Uses

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Farmworker
dwelling (6 or
fewer)
P P
Farmworker
Housing Complex
(up to 12 units
and 36 beds)

SUP SUP

Part 3

Title 9, Chapter 4, Article 21, Section 9-4.2104.5. Permitted use matrix- Mixed Use zones and Mixed -Use Overlay zones is hereby amended to add “Supportive Housing” uses as follows:

Land Use Category Zoning Classification

MU/MUOZ
Community Care Uses
Supportive housing developments with 50 units or less P Supportive housing developments with more than 50
units subject to limitations of Sec.9-4.2527
SUP

Part 4

Title 9, Chapter 4, Article 21, Section 9- 4.2105. Permitted use matrix- non- residential zones is hereby amended to add “Farmworker Dwelling” and “Farmworker Housing Complex” uses as follows:

Non-Residential Zoning Classifications
Land Use
Category C-O C-1 C-2 C-3 C-4
C-
2/A
M
M-1 M-2 P-L O-S
Agricultural and Extractive Uses
Farmworker
Dwelling (6 or
fewer)
P P P
Farmworker
Housing Complex
(up to 12 units and
36 beds)

SUP SUP SUP

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Part 5

Title 9, Chapter 4, Article 25, Sec. 9- 4.2525. Emergency Shelters of the Thousand Oaks Municipal Code, is hereby amended as follows:

Sec. 9-4.2525. Emergency Shelters.

Emergency shelters shall be subject to the following special standards:
(a) One 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. ...
(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 fifteen (15) clients that enforces and complies with the following requirements:
...
(9) Management shall promptly remove any litter in the vicinity attributable to use of the shelter within 48 hours.
…
Part 6

Title 9, Chapter 4, Article 25, Sec. 9- 4.2527. Transitional and Supportive Housing of the Thousand Oaks Municipal Code, is hereby amended as follows:

Sec. 9-4.2527. Transitional and Supportive Housing
Transitional and supportive hosing shall be considered a residential use of property and be subject only to the restrictions that apply to other residential dwellings of the same type in the same zone.

Pursuant to Government Code Sections 65650 through 65656, supportive housing shall be a use by right in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses, if the proposed housing development satisfies all of the following requirements:

(a) Units within the development are subject to a recorded affordability restriction for 55 years.

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(b) One hundred percent of the units, excluding managers’ units, within the development are restricted to lower income households and are or will be receiving public funding to ensure affordability of the housing to lower income Californians. For purposes of t his paragraph, “lower income households” has the same meaning as defined in Section 50079.5 of the Health and Safety Code. The rents in the development shall be set at an amount consistent with the rent limits stipulated by the public program providing financing for the development.
(c) At least 25 percent of the units in the development or 12 units, whichever is greater, are restricted to residents in supportive housing who meet criteria of the target population. If the development consists of fewer than 12 units, then 100 percent of the units, excluding managers’ units, in the development shall be restricted to residents in supportive housing. (d) The developer provides the planning agency with the information required by Government Code Section 65652.
(e) Nonresidential floor area shall be used for onsite supportive services in the following amounts:
(1) For a development with 20 or fewer total units, at least 90 square feet shall be provided for onsite supportive services.
(2) For a development with more than 20 units, at least 3 percent of the total nonresidential floor area shall be provided for onsite supportive services that are limited to tenant use, including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens.
(f) The developer replaces any dwelling units on the site of the supportive housing development in the manner provided in paragraph (3) of subdivision (c) of Government Code Section 65915.
(g) Units within the development, excluding managers’ units, include at least one bathroom and a kitchen or other cooking facilities, including, at minimum, a stovetop, a sink, and a refrigerator.

Part 7

Title 9, Chapter 10, Article 5. Density Bonus Program of the Thousand Oaks Municipal Code, is hereby amended as follows:

Article 5. Density Bonus Program
Sec. 9-10.501. Purpose and intent.

This article implements the requirements placed upon the City by California Government Code Section 65915 et. seq., as may be amended from time to time

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(the “Density Bonus Law”), and furthers the provision of affordable housing pursuant to the Housing Element of the General Plan. Unless an exception or modification applies as set forth in this Article, any person seeking a density bonus, concession, or waiver under the Density Bonus Law shall comply with the California Government Code requirements.

Sec. 9-10.502. Eligibility for density bonus General Density Bonus Program Provisions.
(a) Application. Any person that desires a density bonus, concession, or waiver under the Density Bonus Law must make an application on a form approved by the Director at the time of submitting an entitlement application for the housing development for which a density bonus, concession, or waiver is requested pursuant to the Density Bonus Law.
(b) City’s discretion in granting density bonus. Nothing in this chapter will be construed to prohibit the planning commission or city council from granting a density bonus greater than what is described in this chapter or the Density Bonus Law for a development that meets the requirements of this chapter or the Density Bonus Law, or from granting a proportionately lower density bonus than what is required by this chapter or the Density Bonus Law for developments that do not meet the requirements of this chapter or the Density Bonus Law. (c) City Financial Participation not Required. Nothing in this Section requires the City or other public agency to provide direct financial incentives for the residential development, such as but not limited to the provision of financial subsidies, publicly owned land, fee waivers, or waiver of dedication requirements. The City at its sole discretion may choose to provide such direct financial incentives. Any such incentives may require payment of prevailing wages by the residential development if required by State law.

A residential development is eligible for a density bonus as follows:
(1) The residential development must result in a net increase of at least five (5) dwelling units located on the same lot, or contiguous lots that are being considered under the same development application(s).
(2) A residential development is eligible for a twenty (20%) percent density bonus if the applicant seeks and agrees to construct any one (1) of the following:
(i) Ten (10%) percent of the total units of the residential development at affordable ownership cost or affordable rent for lower income households; or (ii) Five (5%) percent of the total units of the residential development at affordable ownership cost or affordable rent for very low income households; or

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(iii) Of the number of senior citizen housing units in a development. (3) A residential development is eligible for a five (5%) percent density bonus if the applicant seeks and agrees to construct the following:
(i) Ten (10%) percent of the total units in a common interest development at affordable ownership cost for moderate income households; and (ii) All of the dwelling units in the residential development are offered to the public for purchase.
(b) The density bonus for which the residential development is eligible shall increase if the percentage of units affordable to very low, lower, and moderate income households exceeds the applicable base percentage established in Subsections (2) and (3) above, as follows:
(1) For each one (1%) percent increase above ten (10%) percent in the percentage of units affordable to lower income households, the density bonus shall be increased by one and one-half (1 1/2%) percent, up to a maximum of thirty-five (35%) percent bonus.
(2) For each one (1%) percent increase above five (5%) percent in the percentage of units affordable to very low income households, the density bonus shall be increased by two and one-half (2 1/2%) percent, up to a maximum of thirty- five (35%) percent bonus.
(3) For each one (1%) percent increase above ten (10%) percent in the percentage of units affordable to moderate income households, the density bonus shall be increased by one (1%) percent, up to a maximum of thirty -five (35%) percent bonus.

The following table summarizes available density bonuses:

Density Bonus Summary Table
Income
Category
Minimum
%Affordable
units
Bonus
Granted
Additional
Bonus for
Each 1%
Increase in
Affordable
units
% Affordable
units
Required for
Maximum 35%
Bonus
Very Low Income 5% 20% 2.5% 11%
Lower Income 10% 20% 1.5% 20%

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Moderate
Income (for -sale
common interest
development
only)
10% 5% 1% 40%
Senior Citizen
Housing
Development
100% 20% – –

(c) Each residential development is entitled to one (1) density bonus, based on the percentage of only one (1) of the following:
(1) Units affordable to very low income households; or, (2) Units affordable to lower income households; or,
(3) Units affordable to moderate income households; or, (4) The project's status as a senior citizen housing development.

Density bonuses from more than one (1) category may not be combined. (d) When calculating the number of permitted density bonus units, any calculations resulting in fractional units shall be rounded to the next larger whole number.
(e) The density bonus units shall not be included when determining the number of affordable units necessary to qualify for a density bonus. When calculating the required number of affordable units, any calculations resulting in fractional units shall be rounded to the next larger whole number. As an example, a residential project for which a density of one hundred (100) dwelling units would otherwise be allowable under the zoning will qualify for a twenty (20%) percent density bonus by providing ten (10) dwelling units as affordable to lower-income households. With the density bonus, the total project size will be one hundred and twenty (120) dwelling units, of which ten (10) dwelling units shall be affordable to lower-income households, and twenty (20) dwelling units shall be the density bonus units. (f) The applicant may request a lesser density bonus than the bonus to which a project is entitled, but no reduction will be permitted in the number of affordable units required pursuant to subsection (a) above. Regardless of the number of affordable units provided, no residential development may be entitled to a density bonus of more than thirty-five (35%) percent.

Page 10 ends

(§ 1, Ord. 1506- NS, eff. October 9, 2008, as amended by § 3, 4, Ord. 1540- NS, eff. July 23, 2010, and § 55, Ord. 1620-NS, eff. August 12, 2016) Sec. 9-10.503. Incentives, modifications or waivers.

Basis for number of Incentives allowed. State law provides that when an applicant seeks a density bonus and requests specific incentives, the City shall grant incentives based on the percentage of units affordable to very low, lower, or moderate income hou seholds incorporated into a residential development. No incentives shall be granted by the City for senior citizen housing developments.

The number of incentives granted shall be as follows:
(1) One (1) incentive for projects that include at least ten (10%) percent of the total units affordable to lower income households, at least five (5%) percent of the total units affordable to very low income households, or at least ten (10%) percent of the total units affordable to moderate income households in a common interest development.
(2) Two (2) incentives for projects that include at least twenty (20%) percent of the total units affordable to lower income households, at least ten (10%) percent of the total units affordable to very low income households, or at least twenty (20%) percent of the total units affordable to moderate income households in a common interest development.
(3) Three (3) incentives for projects that include at least thirty (30%) percent of the total units affordable to lower income households, at least fifteen (15%) percent of the total units affordable to very low income households, or at least thirty (30%) percent of the total units affordable to moderate income households in a common interest development.

The requirements to qualify for incentives are summarized in the following table:

Requirements to Qualify for Incentives
Income Category Percentage of Units Needed to Qualify for Incentives
Very Low Income (rental) 5% 10% 15%
Lower Income (rental) 10% 20% 30%

Moderate Income (for -sale common interest development
only)
10% 20% 30%

Page 11 ends

Allowable Number of Incentives(s) 1 2 3
(b) Permitted incentives. Any applicant requesting a density bonus shall be entitled to the following incentive(s) subject to the provisions of Section 9-

10.503(a). The granting of any of the following incentives shall not in and of itself require the need for a General Plan Amendment, Change of Zone, or other legislative action.
(1) A ten (10%) percent reduction in minimum property line setback requirements; each separate reduction request will count as one (1) incentive (e.g. front yard, side yard);
(2) A reduction from forty -five (45%) percent to a minimum of forty (40%) percent in the common open space area standard contained in the space allocation formula of the RPD zone for medium density projects (four and one-half (4.5) to fifteen (15) units per net acre);
(3) A reduction from thirty -five (35%) percent to a minimum of thirty (30%) percent in the common open space area standard contained in the space allocation formula of the RPD zone for high density projects (fifteen (15) to thirty (30) units per net acre);
(4) An increase from thirty (30%) percent to a maximum of thirty -five (35%) percent in the maximum building coverage standard contained in the space allocation formula of the RPD zone applicable for medium density projects (four and one-half (4.5) to fifteen (15) units per net acre); (5) An increase from thirty -five (35%) percent to forty (40%) percent in the maximum building coverage standard contained in the space allocation formula of the RPD zone applicable for high density projects (fifteen (15) to thirty (30) units per net acre);
(6) A reduction in the required private yard area for townhomes from four hundred (400) square feet to a minimum of three hundred (300) square feet; (7) Allowable separation between buildings:
(i) For two (2) story to two (2) story buildings with more than two (2) units each a twenty (20’) foot minimum separation.
(ii) For two (2) story to two (2) story buildings each with two (2) units or less a fifteen (15’) foot minimum separation.
(iii) For one (1) story to two (2) story buildings a fifteen (15’) foot minimum separation.

Page 12 ends

(iv) For one (1) story to one (1) story buildings a ten (10’) foot minimum separation.
(8) In for-sale units, driveway areas shall not be deducted from gross lot area for purposes of calculating maximum dwelling unit density; (9) Parking Reduction as follows:
(i) Zero (0) to one (1) bedroom dwelling unit: One (1) onsite parking space. (ii) Two (2) to three (3) bedroom dwelling unit: two (2) onsite parking spaces. (iii) Four (4) or more bedroom dwelling unit: two and one- half (2.5) onsite parking spaces.

Onsite parking may include tandem and uncovered parking, but shall not include on-street parking.
(c) Modifications or waivers - An applicant for a Density Bonus may request modifications or waivers to development standards that would otherwise preclude development at the allowable density. An applicant requesting a modification or waiver of a development standard shall demonstrate to the decision-making body that the request is necessary to allow development of the residential project at the allowable density. The decision- making body shall grant a modification or waiver of a development standard unless it makes one of the findings contained in Section 9-10.507(c). A request for a modification or waiver of a development standard does not increase or decrease the number of incentives enumerated in Section 9-10.503(b) to which the applicant is otherwise entitled. The above requirements not withstanding, the City shall not grant a waiver or reduction of a development standard that would be contrary to state or federal law. (§ 1, Ord. 1506-NS, eff. October 9, 2008, as amended by § 5, Ord. 1540-NS, eff. July 23, 2010)
Sec. 9-10.504. Density bonus or incentive for child care facility.

A residential development containing the requisite number of affordable units pursuant to the requirements of this article, that contains a child care facility may be eligible for an additional density bonus or incentive, pursuant to the requirements set forth in California Government Code Section65915(i).

Sec. 9-10.505. Density bonus or incentive for condominium conversions.

Condominium conversions containing the requisite number of affordable units pursuant to the requirements of this article may be eligible for a density bonus or incentive pursuant to the requirements set forth in Government Code Section65915.5.

Page 13 ends

Sec. 9-10.506. Density bonus plan.

An application for a residential development requesting a density bonus shall be accompanied by a Density Bonus Plan that will be considered for approval in conjunction with the entitlement applications required for the residential development.
(a) Contents of Density Bonus Plan. The density bonus plan shall include the following information:
(1) A site plan depicting the number and location of all affordable, market-rate, and density bonus units.
(2) A calculation of the maximum number of residential units permitted by the General Plan and zoning of the proposed residential development. (3) The targeted income level of the proposed affordable units. (4) Description of any requested incentive(s) enumerated in Section 9-

10.503(b).
(5) A list of modifications, or waivers, to development standards the applicant is requesting in addition to those incentives enumerated in Section 9- 10.503(b).

For each requested modification or waiver to a development standard, the applicant must pr ovide justification why strict application of the development standard would preclude construction of the residential development at the allowable density.
(6) If a density bonus or incentive is requested for a child care facility, the density bonus plan shall include the following:
(i) Indicate the location and square footage of the child care facility. (ii) Indicate that the child care facility will remain in operation for as long as or longer than the affordable units are required to remain affordable pursuant to Section 9-10.508 and indicate how the applicant proposes ensuring that the child care facility remains in operation during that period.
(iii) Indicate that of the children who attend the child care facility, the percentage of children of very low, lower, or moderate income households shall be equal to or greater than the percentage of dwelling units that are proposed to be affordable to very low, lower, or moderate income households.
(iv) Substantiation that the child care facility is needed because the community does not have adequate child care facilities.
(7) If a density bonus or incentive is requested for a child care facility or condominium conversion, the application shall provide evidence that the findings

Page 14 ends

in Government Code Section 65915(i) or Section 65915.5, as appropriate, can be made.

Sec. 9-10.5073. City review and approval of density bonus plan. (a) Density Bonus Plan Review. The density bonus plan, including any request for a density bonus or incentives, shall be processed, reviewed, and approved or denied as part of the discretionary application(s) required for the residential development. Prior to the decision-making body taking any action on a residential development involving a request for density bonus, the Community Development Director shall have determined that the density bonus application is complete and conforms to the provisions of this article by the Density Bonus Law. (b) Findings for Denial of Incentives. The approval body shall approve the density bonus plan unless the decision- making body is able to make the findings for denial allowed by the Density Bonus Law the incentive(s) enumerated in Section 9-10.503(b) unless the decision- making body finds based on substantial evidence that the incentive would have a specific adverse impact on any real property that is listed in the California Register of Historical Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to lower - and moderate-income households.
(ce) A request for a minor change to an approved density bonus plan may be processed as a minor modification to the project's entitlement and be granted if the modification is substantially in compliance with the original density bonus plan and other condit ions of approval of the project's entitlement(s). More substantial proposed changes to the density bonus plan shall be processed as a major modification to the project's entitlement. The Community Development Director shall select the type of modification process in the Director's sole discretion.

Sec. 9-10.5084. General requirements for density bonus affordable units.

Except as otherwise stated herein, affordable units qualifying a residential development for a density bonus shall be subject to the requirements of Section 9-

10.3035 (Standards for Inclusionary Units) , and Section 9- 10.308 (General requirements for inclusionary units ), and Article 6 of this chapter (Compliance Requirements for Affordable Units).
(a) Term of Affordability. Rental and ownership very low -income and lower - income affordable units that qualify a residential development for a density bonus shall remain affordable to the designated income group for a minimum period of thirty (30) years. A longer period of time may be specified if required by any construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program applicable to the residential development.

Page 15 ends

Moderate-income affordable units shall remain affordable to the designated income group for a minimum period of forty-five (45) years.

Part 8
(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 prepared, proposed, adopted, approved and ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

Part 9
(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 November, 2024, by the following vote:

Ayes:

Noes:

Absent:
_______________________________
Al Adam, Mayor
City of Thousand Oaks, California
ATTEST/CERTIFY:

_____________________________
Laura B. Maguire, City Clerk

Date Attested: _________________

cdd:660-21/Ordinance-CC#01/pz [MCA 2024-70003]

Page 16 ends

APPROVED AS TO FORM
Office of the City Attorney

_____________________________
Tracy M. Noonan, City Attorney

APPROVED AS TO ADMINISTRATION:

______________________________
Andrew P. Powers, City Manager

Introduced: XXXX XX, 202X
Published: XXXX XX, 202X
Ordinance No.: XXXX-NS

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/kr/H:COMMON/Planning Commission/Agenda Packet/2024/2024-10-21/HE Program 8 Impl ZC Amends MCA 2024-70003 Attachment #4 – Summary of Density Bonus Law Changes/pz [FILE ID: MCA 2024-70003] Summary of Density Bonus Law Updates Since 2007
Legislative
Session
Bill
Number
Introduced
By
Bill Subject
2011/2012 AB 806 Torres Common Interest Development
2013/2014 AB 2222 Nazarian Housing Density Bonus
2013/2014 AB 383 Wagner Maintenance of the Codes
2015-2016 AB 1934 Santiago Planning and Zoning: Development Bonuses:

Mixed
-Use Projects
2015/2016 AB 2442 Holden Density Bonuses
2015/2016 AB 2501 Bloom Housing: Density Bonuses
2015/2016 AB 2556 Nazarian Density Bonuses
2015/2016 AB 744 Chau and
Quirk
Planning and Zoning: Density Bonuses
2017/2018 AB 2753 Friedman Density Bonuses: Density Bonus Application. 2017/2018 AB 2797 Bloom Planning and Zoning: Density Bonuses 2017/2018 SB 1227 Skinner Density Bonuses
2019/2020 AB 1763 Chiu Planning and Zoning: Density Bonuses: Affordable Housin
g
2019/2020 AB 2345 Gonzalez Planning and Zoning: Density Bonuses: Annual Report: Affordable Housing
2019/2020 AB 991 Gallagher Maintenance of the Codes
2021/2022 AB 2334 Wicks Density Bonus Law: Affordability: Incentives or Concessions in Very Low Vehicle Travel Areas:

Parking Standards: Definitions
2021/2022 AB 682 Bloom Planning and Zoning: Density Bonuses Shared Housing Buildings
2021/2022 SB 290 Skinner Density Bonus Law: Qualifications For Incentives or Concessions: Student Housing for Lower Income
Students: Moderate-Income Persons and Families:

Local Government Constraints
2021/2022 SB 728 Hertzberg Density Bonus Law: Purchase of Density Bonus Units by Nonprofit Housing Organizations
2023/2024 AB 1287 Alvarez Density Bonus Law: Maximum Allowable Residential Density: Additional Density Bonus and
Incentives or Concessions
2023/2024 AB 323 Holden Density Bonus Law: Purchase of Density Bonus Units by Nonprofit Housing Organizations: Civil
Actions
2023/2024 SB 1525 Committee
on Judiciary
Maintenance of the Codes
2023/2024 SB 713 Padilla Planning and Zoning: Density Bonuses:

Development Standard
2024/2025 AB 2694 Ward Density Bonus Law: Residential Care Facilities for the Elderly
2024/2025 AB 3116 Garcia Housing Development: Density Bonuses: Student Housing Developments
*Summaries based on information
provided by leginfo.legislature.ca.gov
ATTACHMENT #4
(To PC Packet of 10/21/2024)

THOUSAND OAKS

PLANNING COMMISSION
Supplemental
Information
Packet 1
October 21, 2024
Agenda Related Items
Meeting of October 21, 2024
Supplemental Information:

Any agenda-related public documents received and distributed to a majority of the Planning Commission after the Agenda Packet is printed are included in Supplemental Packets. Supplemental Packets are produced as needed, typically they are distributed on the Thursday or Friday preceding the Planning Commission meeting and/or on Monday before the meeting. Supplemental Packets on Thursday or Friday are available for public inspection in the Community Development Department, 2100 East Thousand Oaks Boulevard, during normal business hours (main location pursuant to the Brown Act, G.C. 54957.5(2). All Supplemental Packets are available for public review at the Planning Commission on the City’s website www.toaks.org.

Americans with Disabilities Act (ADA)
Americans with Disabilities Act (ADA): In compliance with the ADA, if you need special assistance to participate in this meeting or other services in conjunction with this meeting, please contact the Planning Division, (805) 449-2500.

Notification at least 48 hours prior to the meeting or time when services are needed will assist the City in ensuring that reasonable arrangements can be made to provide accessibility to the meeting or service.

To: Planning Commission

From: Kelvin Parker, Community Development Director

Date: October 21, 2024

Subject: Regarding Item 07A – Municipal Code Amendment (MCA) 2023 -70003 Housing Element Program 8 Implementation

The following contains proposed revisions to the Municipal Code Ordinance (Attachment #2), and Municipal Code Ordinance with track changes (Attachment #3) as follows:

Attachment #2 – Municipal Code Amendment:

• Sec. 9-4.2527. Transitional and Supportive Housing
Transitional and supportive housing shall be considered a residential use of property and be subject only to the restrictions that apply to other residential dwellings of the same type in the same zone. (p.5 Part 6).

• The formatting for the columns in the table for “Permitted use matrix - Residential zones” to line up with the designated zoning classifications. (p.3 Part 2).

Attachment #3 – Municipal Code Amendment:

• The formatting for the columns in the table for “Permitted use matrix - Residential zones” to line up with the designated zoning classifications. (p.3 Part 2).

MCA-2023-70003
October 21, 2024

Page 2 ends

• Sec. 9-10.503. City review and approval of density bonus. (b) Findings for Denial of Incentives. The approval body shall approve the density bonus plan unless the decision- making body is able to make the makes the requisite findings for denial allowed by the Density Bonus Law the incentive(s) enumerated in Section  9-10.503(b) unless the decision- making body finds based on substantial evidence that the incentive would have a specific adverse impact on any real property that is listed in the California Register of Historical Resources, and there is no feasible method to satis factorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to lower - and moderate- income households.

cdd:660-21\H:COMMON\Planning Commission\Agenda Packet\2024\2024-10-21\Supplemental\10-21-2024Supplemental 1.docx\pz [MCA-2024-70004]

Thousand Oaks City CouncilNovember 19, 2024

Thousand Oaks City Council
November 19, 2024