TO:Andrew P. Powers, City Manager
FROM:Kelvin Parker, Community Development Director
DATE:November 19, 2024
SUBJECT: Housing Element Program 8 Implementation – Municipal Code Amendment (MCA 2024-70003)
RECOMMENDATION:
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 contained in the Adopted General Plan and Housing Element under a certified Program Environmental Impact Report (EIR).
2. Read in title only, further reading be waived, and if no objection, introduce ordinance approving MCA 2024-70003 amending Title 9, Chapter 4, Article 2, Section 9-4.202 Definitions, Article 21, Sections 9-4.2104 Permitted Use Matrix – Residential Zones, 9-4.2104.5 Permitted Use Matrix – Mixed-Use Zones and Mixed-Use Overlay Zones, and 9-4.2105 Permitted Use Matrix – Non-Residential Zones, and Article 25, Sections 9-4.2525 Emergency Shelters, and 9-4.2527 Transitional and Supportive Housing, and Title 9, Chapter 10, Article 5, Density Bonus Program of the Thousand Oaks Municipal Code (TOMC).
LEVINE ACT ITEM: No
FINANCIAL IMPACT:
No Additional Funding Requested. Staff time to prepare and process the MCA and the cost of providing public hearing notices is included in the Adopted FY 2024- 25 General Fund Budget.
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. The proposed municipal code amendments also meet the goals, policies, and intent to promote a diversity of housing types for Thousand Oaks residents through all stages of life as well as to support the creation of safe,
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affordable, and sanitary housing for all ages, income levels, and abilities (General Plan Goal LU-3 and LU-4).
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, 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.
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 implement, 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.
Planning Commission
The MCA for the implementation of Housing Element Program 8 was presented to the Planning Commission on October 21, 2024, for review and recommendation.
The Planning Commission staff report, resolution, and supplemental packet (Attachment #1) provide a detailed discussion of the updates and changes to the TOMC.
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After receiving the staff presentation, asking questions, and holding deliberations on the matter, the Planning Commission voted to recommend approval, including staff-recommended changes outlined in the supplemental packet. The motion passed with a 5-0 vote.
DISCUSSION/ANALYSIS:
Summary of Proposed Changes
The Housing Element program being implemented by the proposed MCA (in part) is Program 8: “Zoning Code Amendments.” A number of changes to housing and land use mandates have occurred over the past several years that impact development in the City and necessitate amendments to the TOMC. Program 8 includes 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. A more detailed analysis of the proposed revisions is included in the Planning Commission Staff Report (Attachment #1). The table below includes a condensed summary of the proposed revisions included in Attachment #2.
Required
Amendments
Updated Law Proposed Revisions
Manufactured
Homes
Government Code (GC) Section
65852.3 regulates the installation of
manufactured homes and California
Health and Safety Code Section
18007 defines manufactured homes
built in California as a single-family
dwelling.
Revision to definitions of
dwelling unit and one-
family dwelling unit to
include manufactured
homes.
Density Bonus Senate Bill 2280 was passed by the
legislation in 2008. Since that time
the State Density Bonus Law has
been amended over twenty times.
Revision to TOMC
Section 9-10.501 to
directly reference state
law, incorporating any
future amendments by
the State legislature.
Emergency
and
Transitional
Housing
Assembly Bill (AB) 139
(Government Code Section 65583)
states that local governments may
only apply parking requirements
based solely on the shelter staffing
level.
Revision to TOMC
Section 9-4.2525
parking standards to
require one parking
space per staff person
during the largest shift.
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Required
Amendments
Updated Law Proposed Revisions
Residential
Care Facilities
Federal Housing Authority and Fair
Employment and Housing require
cities to provide a range of housing
opportunities to the disabled. HCD
has determined that unlicensed and
licensed residential care facilities
must be treated the same.
Revision to definitions of
both small and large
residential facilities for
both licensed and
unlicensed facilities.
Supportive
Housing
California Government Code
Sections 65650 to 65656 require
that supportive housing
developments with 50 or fewer units
be permitted by right in zones where
multifamily and mixed-use
developments are permitted and
places new limitations on what
qualifies to be supportive housing.
Revision to TOMC land
use matrix for
Supportive Housing with
50 units or less with a
permitted use and more
than 50 units with a
Special Use Permit in R-
2, R-3, RPD, and MU
zones. Addition to Sec.
9-4.2527 with state
requirements for
qualifications to be
considered a supportive
housing project.
Farmworker
and Employee
Housing
California Health and Safety Code
Section 17021.6 specifies that any
farmworker housing consisting of no
more than 36 beds in a group
quarter, or 12 units is considered an
agricultural land use and therefore
similarly permitted where
agricultural uses are permitted, and
Health and Safety Coode Section
17021.5 specifies that any
employee housing providing
accommodations for six or fewer
employees shall be deemed a
single-family structure with a
residential land use designation.
Addition of definitions
for both farmworker
dwelling and farmworker
housing complex and
addition to the TOMC
permitted use matrix for
farmworker dwellings
with a permitted use and
farmworker housing
complex with a Special
Use Permit in R-A, R-E,
C-3, C-4, and M-1
zoning designations.
Emergency
Shelters
AB 2339 (GC Sections 65583 and
65863) requires that emergency
shelters be permitted by-right in one
or more zones that allow residential
uses, including mixed-uses, and
include objective standards.
Revision to TOMC
Section 9-4.2525
amending one standard
to be objective for litter
removal within 48 hours.
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Community Outreach
Notification for this hearing, and the Planning Commission hearing, was completed in compliance with the TOMC and the California Government Code.
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.
COUNCIL GOAL COMPLIANCE:
Meets the following City Council goal:
B. Provide municipal government leadership which is open and responsive 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.
J. Implement high quality revitalization projects within Thousand Oaks Boulevard and Newbury Road Areas; Develop a pedestrian-oriented, viable, and self- sustaining "Downtown;” and, continue to support production of long-term affordable housing.
PREPARED BY: Iain Holt, Senior Planner
Justine Kendall, Senior Planner
Angela Georgeff, Associate Planner
Attachments:
Attachment #1 – Planning Commission Staff Report
Attachment #2 – Ordinance
cdd:660-21\ag\H:\COMMON\City Council\CC Agenda Items\2024\11192024\Zoning Code Amends\Staff Report.docx\pz [FILE ID: MCA 2024-70003]