TO:Andrew P. Powers, City Manager
FROM:Kelvin Parker, Community Development Director
DATE:November 19, 2024
SUBJECT: Comprehensive Zoning and Sign Code Update and Rezoning Program Consultant
RECOMMENDATION:
1. Approve a professional services agreement with Lisa Wise Consulting, Inc., (LWC) of San Luis Obispo, CA, for the preparation of the Zoning Code and Sign Code Update, and Rezoning Program in an amount of $797,520, plus extra services of $45,020, for a total not-to-exceed amount of $842,540, for a two-year period beginning November 19, 2024, through November 19, 2026, with a one-year option to extend the agreement through November 19, 2027.
2. Authorize expenditure in an amount not to exceed $842,540 from A/C #001- 4210-641-5699 (General Fund – Contracted Services, Municipal Code Update).
3. Find that this action is not a project as defined under the California Environmental Quality Act under the California Environmental Quality Act (CEQA) Guidelines Section 15378(b)(5) (CCR, Title 14, Chapter 3, Article 20).
LEVINE ACT ITEM: Yes
FINANCIAL IMPACT:
No Additional Funding Requested. $842,540 is included in the Adopted FY 2024-25 General Fund Budget for the Zoning Code and Sign Code Update, and Rezoning Program.
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BACKGROUND:
The Community Development Department plays a critical role in helping City Council achieve its goals for the community's physical development. Within the department, the Planning Division is responsible for reviewing and processing land use applications and new developments and maintaining the General Plan and Zoning Code.
The City Council adopted a comprehensive update of the General Plan on December 5, 2023. The General Plan is designed to guide the City through 2045 by establishing goals and policies that address land use, circulation, economic development, safety, and other relevant issues. The General Plan outlines strategies to guide the City’s future, rooted in its core values of health and equity, stewardship, and quality of life for residents, businesses, and visitors.
Updating the Zoning Code is crucial for implementing City Council’s policy direction and the community’s vision in the General Plan. The first implementation action in the General Plan is “LU-A.1 Comprehensive zoning code update. Following adoption of the General Plan, prepare a comprehensive update to the Citywide zoning code.”
The current Zoning Code was initially adopted in 1970 after the City was incorporated in 1964 and has been incrementally updated over the past 50 years. As a result, while amendments were thoughtfully considered one at a time, there was never a comprehensive discussion or update regarding community planning and processes. The new Zoning Code update will incorporate current best practices and industry standards, ensure local regulations adhere to state law, provide an updated structure with clear and reasonable standards, and streamline existing procedures while implementing the goals and policies of the adopted General Plan. A comprehensive zoning update is a complete review and revision of the City’s zoning code and land use regulations. This process is undertaken to ensure that zoning ordinances align with the current and future goals of the community, as outlined in the City’s General Plan. The update may involve changes to zoning classifications, permitted uses, development standards, building heights, and other regulations impacting land use.
In March 2024, the City updated the zoning map to complete the required rezoning of parcels from the City’s Housing Element Sites Inventory and new Mixed-Use parcels. However, the remaining parcels in the City must be evaluated and potentially rezoned to align with their new General Plan land use designation.
The City’s current Sign Code must also be updated to ensure regulations yield signs that complement the City’s aesthetic appeal, safety, and economic vitality, while also complying with the law. New sign regulations are needed that Zoning and Sign Code Update and Rezoning Program Consultant November 19, 2024
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are appropriate for urban designs and settings like mixed-use areas, where different types of businesses and residential units coexist. Additionally, new technologies in signage, such as LED displays and interactive boards, were not contemplated in older sign regulations. Updating the sign code will allow the City to consider new signs and regulations to balance innovation with community standards.
DISCUSSION/ANALYSIS:
State law requires cities and counties to update their zoning codes to align with their adopted general plans. This update should occur within a reasonable timeframe following the adoption of a new general plan to ensure consistency. If a zoning ordinance is not updated promptly, the city or county may face legal challenges or limitations in applying its development standards.
In accordance with Government Code section 4526 and Thousand Oaks Municipal Code section 3-10.401, staff solicited a Request for Proposals (RFP) to solicit services for the comprehensive update of the zoning code, rezoning program, and sign code update on July 26, 2024. Unlike the low bid requirements of the Public Contract Code, contracts for professional, management, general, special services should only be awarded to firms or persons who have demonstrated an adequate level of experience, competence, training, credentials, resources, staffing, and other professional qualifications necessary to accomplish the services solicited.
The award of an RFP is based upon a variety of factors that demonstrate the best value to the City for the solicited scope of work or service. The cost of the service may be considered as one of those factors; however, the lowest cost is not the sole factor in deciding who will be awarded the contract.
The RFP was advertised in the Acorn newspaper on July 26, 2024, and qualified consulting firms with relevant experience were invited to submit proposals through the City’s online procurement system, OpenGov, by August 29, 2024. The RFP was divided into two projects: Project A – Zoning Code Update and Rezoning Program; and Project B – Sign Code Update. This division allowed firms to submit for either project (or both) and allowed staff to select one or more firms to complete the projects. The City received four proposals for both projects from the following firms:
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Company City, State
1. Lisa Wise Consulting, Inc. San Luis Obispo, CA
2. Michael Baker International San Diego, CA
3. Precision Engineering Fresno, CA
4. RRM Design Group San Luis Obispo, CA
City staff conducted a thorough review process to evaluate all proposals submitted by consulting firms. Each proposal was carefully assessed to ensure alignment with the project requirements.
Three firms (listed 1, 2, and 4 above) were invited to participate in in-person interviews based on their demonstration of qualifications, relevant experience, and innovative approaches in their proposals. These interviews provided an opportunity for City staff to engage directly with the firms and proposed personnel, allowing for a deeper understanding of each firm’s approach, methodology, and team dynamics. The interview panel was composed of Community Development Department senior planners, planning division managers, deputy director and director, each bringing their expertise to evaluate the firms from different perspectives. LWC was selected as the most skilled and qualified firm for both projects. Lisa Wise Consulting, Inc. is an urban planning and economics firm with extensive experience preparing zoning code updates, including sign code updates, housing element updates, housing policies and programs, and economic land use analysis.
The project is anticipated to be completed in 24 months. The project schedule includes public outreach and regular updates to the Planning Commission and City Council.
To effectively implement the City’s General Plan and support ongoing development efforts, a comprehensive zoning and sign code update is essential to provide clear and predictable standards. These updates will encompass several key tasks, including but not limited to:
Code review to identify issues, internal inconsistencies, and opportunities related to the existing zoning and sign codes.
Community outreach, and workshops with City Council and Planning Commission.
Create a draft of the updated zoning and sign codes for public review and feedback.
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Prepare the appropriate level of environmental review as required by the California Environmental Quality Act (CEQA).
Conduct public hearings, gather additional input, and proceed with Council actions for the adoption of the updated zoning and sign code. Finalize the Ordinance for City Council to adopt the updated zoning and sign code regulations.
LWC’s proposed Scope of Work has been reviewed and accepted by the City.
Retaining a consultant to work on both projects yielded cost reduction as some tasks can be completed simultaneously (e.g., weekly meetings, a portion of the public outreach, public hearings and CEQA review).
Once the new regulations are adopted, the Consultant will provide training to ensure consistent application of the regulations and will prepare any necessary code adjustments to ensure they are clear, implementable, and enforceable.
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 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. (Attachment #2) 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.
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COUNCIL GOAL COMPLIANCE:
Meets the following City Council goals:
B. Provide municipal government leadership which is open and response to residents, and is characterized by ethical behavior, stability, promoting public trust, transparency, confidence in the future, and cooperative interaction among civic leaders, residents, business representatives, and staff, while recognizing and respecting legitimate differences of opinion on critical issues facing the City.
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: Fabiola Zelaya Melicher, Community Development Deputy Director
Attachments:
Attachment #1 – Agreement for Professional Services with Lisa Wise Consulting, Inc.
Attachment #2 – Levine Act Disclosure Form
cdd:460-40\fzm\H:\COMMON\City Council\CC Agenda Items\2024\11192024\Contract Zoning Sign Code Lisa Wise\Staff Report.docx