Agenda packet — Thousand Oaks City Council, June 14, 2022 (part 4 of 6)

and location of all site and building signs as well as address numbers shall be processed under separate permits. Prior to the issuance of any sign permits, detailed plans shall be submitted for the review and approval of the Community Development Department.

OAK AND LANDMARK TREE PRESERVATION (PTP 2021-70400)

83. Scope of Permit Approval – The Protected Tree Permit is granted to allow the following:
• Removal of three (3) Coast Live Oak (Quercus agrifolia) trees (Tree Nos. 8, 9 and 10);
• Encroachment into the protected zones of two (2) Coast Live Oak (Quercus agrifolia) trees (Tree Nos. 1 and 2); and
• Encroachment into the protected zone of two (2) California sycamore (Platanus racemosa) trees (Tree Nos. 6 and 7).

84. Oak Tree Removal – The applicant shall provide two 24-inch box and one 36-inch oak replacement tree for each Coast Live Oak (Quercus agrifolia) tree removed. Total of 9 mitigation trees are required.

85. Mitigation Oak and Landmark Tree Location Map – Prior to issuance of a grading permit, the applicant shall submit a mitigation tree location map demonstrating the location of the replacement trees.

86. Oak Tree Removal and Encroachment – The removal and encroachment into the protected zones of oak trees for the construction of the new mixeduse and multi-family residential buildings, utilities, and associated development is hereby approved.

87. Preservation of Existing Oak and Landmark Trees – The preservation of five (5) coast live oak trees, identified as trees numbered 1, 2, 3, 4 and 5 and the preservation of two (2) California sycamore trees, identified as trees numbered 6 and 7 in the Protected Tree Report, is authorized under this permit. These oak and landmark trees will require pruning to accommodate the construction activities and for the overall long-term health of the trees which is also approved under this permit. Appropriate work methods and monitoring are required as described in the Protected Tree Report dated May 2022, prepared by Rincon Consultants, Inc.

88. Oak and Landmark Tree Preservation and Protection Guidelines Compliance – All construction activities to or near an oak or landmark tree shall conform and abide by the City of Thousand Oaks, Landmark Tree Item No. 8A
CONDITIONS OF APPROVAL FOR LU 2021-70215; Z 2021-70216; SP 2021-70397; DAGR 2021-70399; DP 2021-70214; LLA 2021-70398; PTP 2021-70400; and EIR 2021- 70442
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Preservation and Protection requirements as specified in Articles 42 and 43, Chapter 4 of Title 9 of the Thousand Oaks Municipal Code.

89. Mitigation Tree Maintenance and Monitoring – The required mitigation trees shall be monitored for a period of five (5) years. An irrigation system designed for “dryscape” planting shall be installed for successful oak establishment, which generally involves a drip-system irrigation for managing water distribution near the oak trees and does not include watering during summer months when natural rainfall would not be abundant. Maintenance shall include leaving the leaf-litter build-up or a 3- inch layer of mulch under the canopies of the oak trees to promote healthy tree growth and root development.

Monitoring shall be performed by the applicant’s oak tree consultant and monitoring shall entail visits at quarterly intervals for the first two (2) years and biannually for the next three (3) years. The applicant’s oak tree consultant shall submit to the Community Development Department a semiannual report regarding the conditions of the oak trees.

90. Oak and Landmark Tree Protection – Every effort shall be made to protect all on-site oak and landmark trees.

91. Oak and Landmark Tree Maintenance – The continued maintenance of all on-site oak and landmark trees is the responsibility of the property owner.

All oak trees shall be maintained in accordance with the Oak Tree Preservation and Protection Guidelines Resolution 2010-14.

92. Required Temporary Fencing – Prior to commencing construction, a fivefoot high fence shall be installed and maintained around the protected zone of all on-site oak and landmark trees, unless otherwise approved by the Community Development Department. Installation of said fence shall be reviewed and approved by the Planning Division of the Community Development Department. It shall be the responsibility of the applicant to maintain all protective fencing in a good condition throughout the development period. The fence shall be removed upon completion of construction and upon authorization from the Community Development Department, Planning Division.

93. Root Preservation – During excavation for construction improvements, if an oak and/or landmark tree root over two inches (2") in diameter is encountered, the applicant shall immediately contact Planning Division of the Community Development Department to schedule a field inspection to Item No. 8A
CONDITIONS OF APPROVAL FOR LU 2021-70215; Z 2021-70216; SP 2021-70397; DAGR 2021-70399; DP 2021-70214; LLA 2021-70398; PTP 2021-70400; and EIR 2021- 70442
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determine if it is appropriate to cut the root(s) or whether the improvements need to be redesigned and/or relocated to avoid root damage to ensure preservation of the trees.

94. Use of Hand Tools – Unless otherwise authorized by the Community Development Director, all work, other than the tree removals, within the protected zones of oak and landmark trees shall be performed with hand tools only and performed under direct supervision of the applicant’s oak and landmark tree consultant.

95. Excavation in Protected Zones – All excavation and construction activity within the protected zone of the existing oak and landmark trees shall be performed with the use of hand tools only, in accordance with the Oak Tree Preservation and Protection Guidelines Resolution, No. 2010-14, and observed in progress by the applicant’s oak tree consultant.

96. Storage of Materials – No storage of materials is permitted within the protected zones of any oak and landmark trees.

97. Irrigation/Lighting – No spray irrigation or lighting system shall be installed within the protected zone of any oak tree or landmark tree except as otherwise authorized by the Community Development Department.

98. Herbicides – No herbicides shall be used within one hundred feet (100') of the dripline of any oak and landmark tree.

99. Billing by City Oak and Landmark Tree Consultant – The applicant shall be billed on a real time basis for any work performed by the City’s oak and landmark tree consultant in conjunction with the Oak Tree Permit and Landmark Tree Permit.
100. On-Site Monitoring – Unless otherwise modified herein, all authorized pruning and encroachment activities shall be conducted in accordance with the conditions contained herein. All work shall be monitored by the applicant’s oak and landmark tree consultant and follow the recommendations contained in the applicant’s oak and landmark tree report labeled Protected Tree Report dated May 2022, prepared by Rincon Consultants, Inc.
101. Written Certification – The applicant’s oak/landmark tree consultant shall certify in writing that all conditions of the Oak Tree Permit and Landmark Tree Permit have been met and that protective measures, to ensure the Item No. 8A
CONDITIONS OF APPROVAL FOR LU 2021-70215; Z 2021-70216; SP 2021-70397; DAGR 2021-70399; DP 2021-70214; LLA 2021-70398; PTP 2021-70400; and EIR 2021- 70442
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preservation of the subject oak trees, have been properly implemented. A final inspection by the City’s Oak and Landmark Tree Consultant, paid for by the applicant, shall be performed upon receipt of certification and prior to final inspection for building occupancy.

RESTRICTIONS
102. Maintenance of Common Facilities – All improvements within common areas of the project including lighting, landscaping, fences, walls, buildings and other related features shall be properly maintained in accordance with conditions of this permit as well as all applicable ordinances and shall not be altered in any manner without prior approval of the City. That any alteration, removal, abandonment or discontinuance without prior City approval shall constitute a violation of the Development Permit and conditions and shall be sufficient grounds for a Code Compliance action.

PUBLIC WORKS DEPARTMENT

GENERAL
103. Plan Format – All plans submitted to the Public Works Department shall be formatted to 24 inch by 36-inch sheet size, using city standard title block, and as-built/record plans shall be submitted as part of the closure and acceptance of the project.
104. Standard Plates – The City of Thousand Oaks Public Works Road Design and Construction Standards and Standard Plates, adopted May 15, 2018, in Resolution No. 2018-024 shall be used as the principal criteria for the design of development plans. It shall be the responsibility of the applicant to maintain a copy of the latest edition of said Plates available to all parties utilizing said Plates for construction purposes. The Standards establish uniform criteria, polices, standard and procedures for the design and construction of City roads, drainage facilities and appurtenances. The design engineer shall review the methods and procedures contained in the Road Standards, where not considered applicable, the design engineer shall request an exception from these standards in writing to be approved by the City Engineer. Said Road Standards are available for download at www.toaks.org/roadstandards.
105. Updating of Existing Improvement Drawings – All existing improvement drawings in the Department’s possession for water and wastewater which are affected by the subject project will be updated by the City to reflect the Item No. 8A
CONDITIONS OF APPROVAL FOR LU 2021-70215; Z 2021-70216; SP 2021-70397; DAGR 2021-70399; DP 2021-70214; LLA 2021-70398; PTP 2021-70400; and EIR 2021- 70442
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new improvements associated with this project. This work shall be considered as part of the project final process, and subject to a change order fee.
106. Base Topography Map – The grading plan for this project must be prepared utilizing topography which has been plotted by photogrammetric methods or survey data compiled no longer than two years prior to the date of submittal of the grading plan, and must be on current City datum. The name of the firm which prepared the topography and the date(s) on which the data was compiled or obtained must be shown on the plan. Topography must be presented in 1” = 40’ or larger (closer) scale and must extend a minimum of 100 feet outside the limits of the property proposed for development. Any deviation from this condition must be approved by the City Engineer.
107. Construction/Demolition Debris Recycling Plan – Prior to the issuance of a demolition permit or of a grading/building permit, the applicant shall submit a Construction and Demolition (C&D) Debris Recycling Plan to the Department for review and approval. The applicant must divert a minimum sixty-five percent (65%) of all C&D waste materials generated from the project. The C&D Debris Recycling Plan shall indicate the proposed means of disposition of all C&D waste materials, including but not limited to, asphalt, concrete, wood, drywall, brush and vegetation, landscaping materials, lights, piping, concrete block, metal, and the like, which will be recycled, reused, salvaged, and /or delivered to a landfill. The Recycling Plan must also include estimated weights of the materials, list of proposed recycling/disposal facilities, and authorized hauling companies to be used.

For a list of authorized waste haulers and/or to complete and submit a C&D Debris Recycling Plan go to ThousandOaks.WasteTracking.com. 108. Solid Waste, Recycling and Organics Collection – ADA accessible, covered 3-bin enclosures are required for the collection of solid waste, recycling, and organics (food waste). The design of the enclosure must be large enough to accommodate collection containers for source-separated solid Waste, organic waste, and recyclable materials. The solid waste hauler (Athens Services) must evaluate the proposed location and access for suitability.

Refer to the City’s revised waste ordinance (November 16, 2021) governing the enclosures’ locations, specific sizing, configuration, and clearances. Trash enclosures can be located inside the parking garage, but Item No. 8A
CONDITIONS OF APPROVAL FOR LU 2021-70215; Z 2021-70216; SP 2021-70397; DAGR 2021-70399; DP 2021-70214; LLA 2021-70398; PTP 2021-70400; and EIR 2021- 70442
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the solid waste hauler must have access to parking garages or locked gates without restriction or prior notification.

Operational recycling plans are required before occupancy for the multifamily and the commercial spaces. 109. Multi-Family Specific Requirements – Resident access to waste enclosures or chutes serving multi-family or mixed-use developments with centralized (as opposed to individual unit) waste service shall be located no further than 150 feet from the front door of the furthest residential unit served as measured along the accessible path of travel, unless as otherwise approved by Public Works and Community Development Departments. Trash chutes cannot be used for organic collection. An area must be designated and reserved for tenants to place bulky items for pickup by the hauler. This area must be accessible by the hauler’s truck and must be approved by the hauler.
110. Title Report – A copy of the applicant’s preliminary title report for the subject property, dated within 1 year of the entitlement application, shall be submitted to the Public Works Department for review prior to grading plancheck or the issuance of any Building or Grading Permits. 111. Inspection Hours – The applicant is advised that City Hall is closed on alternating Fridays, and as such, inspection services are not available on those particular dates. The applicant shall schedule any and all grading, stormwater, encroachment, paving and utility work requiring City inspection accordingly. A schedule of City Hall hours may be obtained from City Hall or at the City’s website www.toaks.org.
112. Survey Monuments – The Applicant shall be fully responsible for the preservation of all survey The Applicant shall be fully responsible for the preservation of all survey monuments to the satisfaction of the City Engineer. Prior to the issuance of any permit and prior to the start of construction and disturbance or destruction of any existing survey monument(s), all monuments shall be located and referenced with minimum of four (4) ties by the Applicant’s Land Surveyor. A corner record or record of survey shall be filed with and approved by the County Surveyor showing monuments that will be disturbed or destroyed, along with the reference monuments or marks and bearings or azimuth and distances to the location of the monument(s) to be disturbed or destroyed. Documentation shall be provided to the City that the surveying has been completed. Prior to completion of construction, all affected monuments shall be reset by the Item No. 8A
CONDITIONS OF APPROVAL FOR LU 2021-70215; Z 2021-70216; SP 2021-70397; DAGR 2021-70399; DP 2021-70214; LLA 2021-70398; PTP 2021-70400; and EIR 2021- 70442
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applicant’s Land Surveyor. A corner record or record of survey shall be filed with and approved by the County Surveyor prior to the recording of a certificate of completion for project. Documentation shall be provided to the City that the surveying has been completed.

WATER AND WASTEWATER
113. Water Service Requirements – In order to obtain water service, the applicant shall pay for the Cost of the Water Meter Deposit plus the City’s Water Plant Investment Fee, at the rates in effect at the time of payment, prior to issuance of a building permit. Additional fees for special facilities zones and fire flow surcharges may also apply. The applicant shall also pay the established change order fee for updating the plans for this new lateral. 114. Location of Water Meter Boxes – Water meter boxes may not be located within driveways. It is the responsibility of the applicant and his engineer to properly coordinate and locate all water service lateral locations such that there is a single, unbroken/unrepaired service line between the main in the street and the meter box to each residence or building. In the event the configuration of the proposed building is revised and the meter box is then situated in a driveway, the applicant shall abandon the existing service by excavating the service at the main, closing the corporation stop, severing the service lateral approximately 12 inches beyond the corporation stop, folding and crimping this remaining portion of the service lateral and soldering the crimped pipe together. The remainder of the lateral may be abandoned in place, but the meter box must be removed and the area returned to a condition acceptable to the water purveyor. If service laterals are relocated, the applicant’s engineer shall process a change order and pay any applicable charges for said change order.
115. Fire-Flow Verification – The applicant shall pay the Department a fee for calculation and verification of the existing water system to deliver required fire flows. In the event the fire flow, as determined by the Ventura County Fire Protection District, cannot be met utilizing the existing system, the applicant shall design and install new water main(s) of sufficient size and length, as determined by the Department, to provide said fire flow. A completed copy of the above-mentioned fire flow calculation must be provided to the Department before, or at the same time as, the submittal of the first plan check for the water system. Plans will not be checked or processed unless these calculations, along with a copy of the plan showing locations for proposed fire hydrants approved by the Fire Department, are submitted.

Item No. 8A
CONDITIONS OF APPROVAL FOR LU 2021-70215; Z 2021-70216; SP 2021-70397; DAGR 2021-70399; DP 2021-70214; LLA 2021-70398; PTP 2021-70400; and EIR 2021- 70442
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116. Concrete Pads Around Fire Hydrants – Regardless of whether a fire hydrant is located within the parkway between the curb and sidewalk (where detached sidewalks are required), or behind the sidewalk (where monolithic sidewalks are required), or within commercial areas, the applicant shall install a 4-inch (minimum) thickness concrete pad around each fire hydrant which extends a minimum of 18 inches beyond the barrel of the fire hydrant in all directions. Where detached sidewalks are installed, the pad shall be rectangular, extend from the back of the curb to the sidewalk and be 48 inches wide. A detail for said concrete pad shall be shown on all water plans for all water purveyors within the City of Thousand Oaks. The hydrant and concrete pad must be located within a specific easement, right-of-way, or public service easement shown on the tract map or dedicated by separate instrument dedicated to or usable by the respective water purveyor and the Ventura County Fire Protection District, or by other means acceptable to the Public Works Department.
117. Separate Irrigation Meter / Over 5,000 SF Landscaping – Pursuant to State Assembly Bill No. 1881 (AB 1881), this project contains more than 5,000sf of irrigated landscape and therefore shall require a fully separate water meter for irrigation and landscaping. Said irrigation meter will require all water permit fees to be paid, each service lateral and meter box installed and approved by the City Public Works Inspector, and the appropriate backflow device(s) installed, tested and certified (by an approved independent testing firm hired by the applicant) prior to the installation of the irrigation meters by the Department. The City may lock off the angle meter stop at the meter until the applicant has accomplished all of the above. Any taking of irrigation water without being metered through a water meter is a violation of the Municipal Code Section 10-2.514, punishable in fines up to $1,000 per day for each day of illegal taking. 118. Cross-Connection Device – The applicant shall design and construct new backflow connection devices for the project’s irrigation water as well as fire sprinkler systems. Prior to the issuance of clearance for occupancy by the Department, all cross-connection control devices must be inspected and approved by the Cross Connection Control Specialist of the County of Ventura, telephone 805.654.2436 (TOMC 10-2.600). Full right of access and entry to the cross-connection device shall be granted to the Public Works Department.
119. Cross-Connection Inspection – Prior to the issuance of clearance for occupancy by the Department, all cross-connection control devices (typically found on fire sprinkler and irrigation systems) must be inspected Item No. 8A
CONDITIONS OF APPROVAL FOR LU 2021-70215; Z 2021-70216; SP 2021-70397; DAGR 2021-70399; DP 2021-70214; LLA 2021-70398; PTP 2021-70400; and EIR 2021- 70442
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and approved by the Cross Connection Control Specialist of the County of Ventura, telephone 805.654.2436 (MC 10-2.601 Et seq.). It is noted that backflow prevention devices are mandatory for irrigation and fire sprinkler systems. Full right of access and entry to the cross-connection device shall be granted to the Public Works Department.
120. On-Site Water Facilities – Applicant’s engineer shall design and construct, per City Water Design and Construction Standards, a minimum 8-inch system to provide domestic and fire service to the project. The waterline shall be designed to provide a loop between Hampshire Road and Foothill Road. An easement shall be dedicated to the City of Thousand Oaks. 121. Abandonment of Existing Water lines – Existing water lines and service lines serving the subject property which will not be used for the project shall be abandoned and terminated at the mainline in the street. The existing waterline serving the parcel from Foothill Road shall be abandoned at the mainline. Easements for abandoned water lines shall be quitclaimed at the applicant’s expense.
122. On-Site Wastewater Facilities – Applicant’s engineer shall design and construct on-site wastewater facilities per City Wastewater Design and Construction Standards. The existing 8-inch mainline adjacent to the northerly property line shall be abandoned and rerouted through the project site. The new mainline shall be 8-inch with an easement dedicated to the City of Thousand Oaks. Wastewater lines to serve proposed buildings will be private and may be 6-inch in diameter.
123. Abandonment of Existing Wastewater Lines – Existing wastewater service lines serving the subject property shall be abandoned and terminated at the mainline. Easements for abandoned wastewater lines shall be quitclaimed at the applicant’s expense.
124. Revision to Wastewater Design and Construction Standards – For Cleanouts and Slopes of Mains: the end of all mains shall terminate in a manhole rather than a cleanout, regardless of the downstream length to the next manhole. The minimum slope for wastewater mains shall be 1 percent where the main has less than 10 residences connected to said main. In streets with grades of less than 1.5 percent, the engineer shall attempt to attain the maximum slope possible on wastewater mains in those streets.

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For manholes: Standard Plates 17 through 20 are modified to provide that all joints between the barrel sections/riser shafts and/or cone sections shall be wrapped around the exterior circumference of the shafts with “Rub-RNeck” and joints sealed with “Ram-Neck” mastic joint sealer (both as manufactured by the Henry Company Sealants Division, 1277 Boyles Street, Houston, Texas 77020) or approved equal. Manholes shall be negative pressure tested as specified in ASTM Designation C 1244-93.

Steps shall not be installed in the manholes.

For manhole frame and covers: The Alhambra A-1254 frame and cover specified on Standard Plate 17 shall have a cover diameter of 26¼ inches, along with lettering conforming to Section 3.10 of the City’s “Wastewater Design and Construction Standards”. A note shall be shown on the title sheet of the wastewater plans indicating the last two revisions mentioned above for manhole construction.
125. Procedure for Determination of Wastewater Fees – Prior to issuance of a building permit for this project, applicant shall submit a plumbing plan and a listing of proposed fixture units for the subject project to the Public Works Department for determination of a "preliminary" wastewater connection fee estimate. The plan and listing will be reviewed for apparent correctness only and the applicant shall pay the wastewater connection fee based on this "preliminary" estimate at the time a building permit is issued. The final fee amount to be paid by the applicant will be based on the actual numbers and types of plumbing fixture units installed as determined by City staff from a field count made of the project building(s) before certificate of occupancy is granted. Any difference between the actual/field verified fixture unit count and the total amount paid will be reimbursed to the applicant. If additional connection fees are due, these shall be paid by the applicant to the City upon request. Any existing fixture units for which fees have been previously paid on the parcel will act as a credit against the amount to be paid. 126. Restaurant/Cafeteria Grease Interceptor/Trap – The applicant shall install a grease interceptor (sized as required by the City's Building and Safety Division) to collect and treat oil and grease wastes from the restaurant prior to discharge to the wastewater system.

DEVELOPMENT ENGINEERING
127. Encroachment Permit – Where any construction occurs within public rightof-way, an encroachment permit shall be obtained, plan check and inspection fees paid, an approved traffic control submitted, and Item No. 8A
CONDITIONS OF APPROVAL FOR LU 2021-70215; Z 2021-70216; SP 2021-70397; DAGR 2021-70399; DP 2021-70214; LLA 2021-70398; PTP 2021-70400; and EIR 2021- 70442
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bond/security posted (if required) prior to initiating construction of any improvements.
128. Easement Conflicts – The applicant shall review the subject property’s title report prior to starting the proposed construction and confirm the location of any existing easements on the project property. Existing easements, no longer required for the project, which conflict with proposed improvements shall be quitclaimed at the applicant’s expense.
129. Utility Undergrounding – The applicant may request an Underground Utility Waiver through the Community Development Department for the undergrounding of overhead utilities on Foothill Road. If approved, the applicant shall provide an estimate prepared by all affected utility companies (SCE, AT&T, Spectrum, Frontier, etc) indicating the costs of undergrounding all utilities except 66Kv lines along the frontage of the project, including the removal of the poles. Said estimate shall also include the construction and trenching costs associated with the undergrounding.

The overall estimate shall then be submitted to the Public Works Department for review. Upon approval of the estimate, the applicant shall pay to the City an amount equal to 110 percent of said cost estimate, thereby fulfilling the applicant's entire obligation to underground the overhead utility lines. Monies collected and accumulated will be used to fund a future City undergrounding project.
130. Underground Conduits – Pursuant to City Council policy and Resolution No. 91-174, adopted on July 23, 1991, the applicant shall install a minimum two-inch diameter conduit capable of carrying coaxial or fiber optic cable suitable for carrying health and safety features such as fire alarm, water meter reading, telecommunications, etc. Said conduit shall be continuous and placed behind the sidewalk or curb within a public service easement or within a public right-of-way, where applicable. Pull boxes shall be placed at alternate property lines of all lots. The conduit and pull boxes shall be of materials approved by the Public Works Department. The conduits and pull boxes shall be dedicated to the City. The architecture and technical specifications of the conduit system shall be subject to the review and approval of the City Engineer. A 1"=100' scale plan shall be prepared under the direction of a Registered Engineer and shall be submitted to the City Engineer for review prior to approval of the final map or improvement plans.

The plan shall include details and general notes and shall be part of the plan set.

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131. Noise Abatement Prior to Commencement of Working Hours – During grading and construction operations the contractor may not start up any vehicles or any gas or diesel powered equipment prior to the start of approved working hours, cause any other construction related noise, or allow employees or subcontractors to keep their vehicles running while parked.
132. Blasting – If blasting is found to be necessary within the project boundaries, a modification to the grading permit shall be required, whereupon special provisions relating to the protection of adjacent residential areas from damage shall be made a part of said grading permit.
133. Hauling of Exported Materials – Prior to issuance of a grading permit the applicant shall submit a written plan to the Public Works Department for review and approval specifying the quantity of earth to be exported, the location which the earth will be taken, the proposed haul routes to be used, the size and numbers of the trucks to be used, the proposed hours of operation (times of day, days of the week, and estimated number of days), the estimated number of round trip truck movements, the proposed methods to be utilized to keep the haul route clear of any dirt dropped along the route, and any other information as may be required by the Department. 134. Grading Permit and Soils Certification – The applicant shall prepare and submit final grading plans, improvement plans, erosion control plans, BMP improvement plans, geotechnical soils reports, supporting hydrology and hydraulic calculation reports, title report, and other items as required by the City Engineer in order to obtain a grading permit in accordance with the requirements of the City’s Grading Ordinance. Applicant shall also prepare and submit detailed erosion control plans for both phases of land development; the pre-grading / site stabilization phase, as well as the post grading / building construction phase. The grading and improvement plans submitted to the City for plancheck shall at a minimum indicate all topography, proposed improvements, drainage features, water/wastewater connections and laterals, existing easements, interface with adjacent properties, storm drain and drainage systems, and street improvements.

All submittals shall include the completed public and private improvement cost estimate worksheets, the required plancheck and inspection fees, and the posting of the required grading bond prior to the start of any construction. After the grading is complete, the applicant shall submit a building pad compaction report and a rough grading certificate from the soils engineer prior to issuance of a building permit. Grading bonds shall be exonerated after satisfactory completion of the project punchlist items, Item No. 8A
CONDITIONS OF APPROVAL FOR LU 2021-70215; Z 2021-70216; SP 2021-70397; DAGR 2021-70399; DP 2021-70214; LLA 2021-70398; PTP 2021-70400; and EIR 2021- 70442
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which are generated after the applicant’s engineer provides a submittal of the final Record (as-built) Drawings.
135. On-site Run-off – On-site storm water shall be intercepted within the project boundaries in approved pick-up structures, treated and retained and/or conveyed to the nearest public street or existing storm drain system to the maximum extent practicable, as approved by the City Engineer (TOMC 7-3.09 and 7-3.21).
136. On-Site Drainage Design – Project design shall use the City of Thousand Oaks “Master Plan of Drainage” (2007) for the purpose of establishing onsite storm flows. 137. On-Site Drainage – Project design and engineering plans shall show drainage flows to street and/or on-site drains and elevations. 138. Drainage Study – The applicant’s engineer shall prepare a hydraulic/ hydrology analysis for the project. The study shall include, but is not limited to addressing offsite tributary flows, retention/detention, inlet hydraulics and storm drains and appurtenances intended to convey and treat project storm discharges. The focus of the study is to ensure the existing conveyances possess sufficient capacity to pass the Q10 (developed) and to demonstrate that no new flooding will occur adjacent to or upon the property during a Q100 event as a result of development. The study shall be subject to the review and approval of the City Engineer prior to grading permit issuance. 139. On-site Ribbon Gutters – The City prohibits the use of ribbon gutters, unless otherwise approved as noted below, and encourages the use of graded parking lots with perimeter curb and gutter to convey flow away from pedestrian pathways. Parking lot and drive drainage shall conform to this standard. The use of ribbon gutters will only be considered under special circumstances as determined by the Public Works and Community Development Directors (TOMC 9-4.2405).
140. Driveway Construction – The proposed driveways shall be constructed per Plate No. 6-1 and 6-4 of the Road Standards. The sidewalk must conform to the cross section as shown on Plate 6-2 and the applicant must grant an additional easement to the City covering the entire length of the sidewalk across the driveways.
141. Street Improvements – The applicant shall dedicate additional ingress /egress easements to accommodate for public sidewalks and turn lanes in Item No. 8A
CONDITIONS OF APPROVAL FOR LU 2021-70215; Z 2021-70216; SP 2021-70397; DAGR 2021-70399; DP 2021-70214; LLA 2021-70398; PTP 2021-70400; and EIR 2021- 70442
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to the project. The design of the turn lanes shall maintain a minimum 2% crossfall from the street centerline to the lip of the gutter. 142. Parking Structure Drainage – The City prohibits the discharge of pressure-washing effluent, antifreeze and motor oils into either the wastewater system or storm drain system. Inasmuch as these are the anticipated discharges from the interior of the parking structure, the applicant shall incorporate a blind sump containment area within the parking structure designed to capture and store such discharges. Provisions shall be provided for periodic pump-out of the blind sump via tanker truck with disposal in conformance with all local, state and federal regulations. The roof and other surfaces of the parking structure directly exposed to rainfall may be drained and discharged in accordance with NPDES design parameters for a normal, rainfall-exposed surface parking lot. 143. Existing Improvements – Existing improvements adjacent to the property, including but not limited to sidewalks and curb & gutter which are broken or uneven shall conform to City and ADA standards, and if deemed necessary by the City Engineer, shall be repaired or replaced.
144. On-site Improvement / Paving Permit – The applicant shall submit for and obtain an on-site paving and improvement permit. An approved pavement section from the registered soils engineer of record shall accompany the permit application, along with payment of plan check and inspection fees, prior to initiating the construction of on-site parking, paving, and/or drainage improvements (TOMC 9-4.2405).
145. Existing Retaining Wall – The existing retaining wall along the westerly property line, adjacent to Foothill Drive, shall be evaluated for structural stability by a licensed engineer. The report shall evaluate the structural stability of the wall, fill behind the wall, sidewalk, curb and gutter, and pavement of Foothill Drive. Report shall be submitted to Public Works and Community Development Departments for review.
146. Detention of Onsite Storm Flows – The applicant’s engineer shall prepare a hydraulic/hydrology analysis for the site and design onsite catch basin(s) and conveyances which will pass only the Q10 (developed) flows into the public storm drain system. All flows in excess of Q10 (developed) up to and including Q100 (developed) must be detained on-site. A simplified detention method is available for this site.

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NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
147. MS4 Stormwater Retention Requirements – The project meets the thresholds requiring stormwater treatment and site retention specified in the Ventura County NPDES Municipal Stormwater Permit (MS4) and 2011 Technical Guidance Manual (TGM). The project shall design, construct and maintain treatment and retentive catchments that will capture, treat and retain all rainfall runoff from disturbed and directly-connected impervious areas affected by the project. The design shall function for the 85th percentile average annual storm rainfall events, including drawdown and elimination of the captured runoff within 72-hours of each rainfall event. The treatment of the site’s pollutants of concern shall be addressed through coarse sediment pretreatment followed by vegetative contact and biofiltration, and other natural biological processes prior to groundwater percolation. Captured and treated runoff may also be used for rainwater harvesting and on-site re-use. Further details and design requirements are available at www.vcstormwater.org.
148. Stormwater Quality Master Plan – The Owner shall submit a Stormwater Quality Master Plan for the review and approval of the Public Works Department prior to the issuance of a grading permit. The plan shall include identification and locations of site-use pollutants of concern stemming from particular site-uses, identify permanent Best Management Practices (BMP’s) to address the identified POC’s, associated design sizing computations, inspection and maintenance frequencies, and depicted upon a site map in support of the property Covenant and Deed Restriction for the ongoing maintenance of permanent BMP’s.
149. Landscaped Areas / Roof Drains – Landscaped areas shall be designed with efficient irrigation to reduce runoff and promote surface filtration and minimize the use of fertilizers and pesticides which can contribute to urban runoff pollution. Unless otherwise recommended in the soils report, on-site stormwater discharges (including roof drains if applicable) shall be directed toward landscaped areas. Applicant may employ pervious landscaping design, rainfall capture pocket-planters, and other L.I.D. techniques and measures to the maximum extent practicable.
150. Equipment Cleaning Area – Food facilities shall be designed with contained areas for cleaning mats, equipment, and containers. This wash area shall be inside, or covered and designed to prevent run-on or run-off from the area. The area shall not discharge to the storm drain; wash-waters shall drain through a grease interceptor to the sanitary sewer or be collected Item No. 8A
CONDITIONS OF APPROVAL FOR LU 2021-70215; Z 2021-70216; SP 2021-70397; DAGR 2021-70399; DP 2021-70214; LLA 2021-70398; PTP 2021-70400; and EIR 2021- 70442
cdd: 420-60/Resolution-Council 01/pz (FILE ID: EIR 2021-70442)

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for ultimate disposal to the sanitary sewer. Employees shall be instructed and signs posted indicating that all washing activities be conducted in this area. Sanitary connections are subject to the review, approval, and conditions of the City of Thousand Oaks wastewater treatment plant. 151. Inlet Labels – All on-site drain inlets, whether newly constructed or existing, shall be labeled “Don’t Dump - Drains to Creek” in accordance with City requirements prior to final acceptance.
152. Site Construction Erosion / Pollutant Runoff Control – The applicant shall design and install all required erosion control measures to prevent the migration of soil, pollution or debris onto the public right-of-way or storm drains during the construction and grading operations. Said erosion control plans shall be in accordance with the California Association of Stormwater Quality Agencies, Stormwater Best Management Practice Handbook for Construction (latest edition), and submitted to the Department for review and approval prior to issuance of any paving, grading or encroachment permits. All erosion control measures shall be subject to modification by the Department, as field conditions warrant.
153. Trash/Recycling Areas – The applicant shall provide adequately sized and properly placed trash enclosure spaces in order to house project demands for trash, recycling and organics collection located in suitable areas of the project site. Trash enclosure spaces shall be covered and shall be designed in accordance with the City’s latest Refuse Enclosure Space Requirements. Receptacles for trash, recyclables and organics shall be available within each enclosure space. All litter/waste material shall be kept in leak proof containers. Areas shall be paved with impermeable material and include zero-slope upon interior slabs, and shall not drain to the storm drain system nor the sanitary sewer, shall not have a hose-bib or other water supply, and all cleaning shall be performed using dry cleanup methods. No other area shall drain onto these areas. The trash enclosure areas and their placement shall be designed to accommodate the above considerations, as well as access requirements of the City’s waste hauler.

Compactor units that are self-contained and watertight may remain exposed to rainfall provided the surrounding area is frequently inspected and cleaned.
154. Stormwater Pollution Prevention Plan and Notice of Intent (SWPPP) – Prior to the issuance of any grading permit and/or the commencement of any clearing, grading or excavation, the applicant/owner shall submit a Notice of Intent (NOI) to the California State Water Resources Control Item No. 8A
CONDITIONS OF APPROVAL FOR LU 2021-70215; Z 2021-70216; SP 2021-70397; DAGR 2021-70399; DP 2021-70214; LLA 2021-70398; PTP 2021-70400; and EIR 2021- 70442
cdd: 420-60/Resolution-Council 01/pz (FILE ID: EIR 2021-70442)

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Board, Storm Water Permit Unit, in accordance with the NPDES Construction General Permit (No. 2009-009-DWQ including amendments).

The applicant/owner shall provide the City with a WDID number or proof of the NOI submittal. The applicant/owner shall comply with all additional requirements of this General Permit including preparation of a Stormwater Pollution Prevention Plan (SWPPP). The SWPPP shall be prepared by a certified QSD, fully comply with RWQCB requirements and contain specific BMPs to be implemented during project construction to reduce erosion, sedimentation and pollutant migration to the maximum extent practicable.

A copy of the adopted SWPPP shall be maintained in the construction site office at all times during construction and the site superintendent shall use the plan to train all construction site contractors in site Best Management Practices prior to starting work on the site. At a minimum, the following BMPs and requirements shall be included:
i.Pollutant Escape: Deterrence
ii.Pollutant Containment Areas
iii.Pollutant Detainment Methods
iv.Sediment control and capture
v.Erosion Control / Dust Control
vi.Recycling/Disposal
vii.Hazardous Materials Identification and Response
155. Deed Restriction Regarding Best Management Practices (BMPs) – Prior to issuance of occupancy, the applicant/owner shall record a Stormwater Covenant and Deed Restriction, requiring all property owners and their successors in interest to assume all duties and responsibilities for ongoing maintenance of all onsite permanent stormwater BMP’s, including, but not limited to, maintenance of all Best Management Practice and any and all equipment which is required for implementation of Best Management Practices. Contained within the Covenant and Deed Restriction must be a description of the BMP’s that are being provided as part of the project, a description of the inspection and maintenance requirements and procedures, and a site map indicating the location of the BMP’s to be maintained. The draft language and contents included in the Covenant and Deed Restriction shall be submitted to the City Attorney’s Office and Public Works Department for review and approval prior to issuance of building/paving/grading permits.
156. Rainwater Harvesting – The City encourages capture and re-use of rainwater for irrigation purposes. Prior to grading plan check, the applicant shall prepare and submit a descriptive summary to specify the design and Item No. 8A
CONDITIONS OF APPROVAL FOR LU 2021-70215; Z 2021-70216; SP 2021-70397; DAGR 2021-70399; DP 2021-70214; LLA 2021-70398; PTP 2021-70400; and EIR 2021- 70442
cdd: 420-60/Resolution-Council 01/pz (FILE ID: EIR 2021-70442)

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operational approach for the capture/re-use system pertaining to the following issues:
• Whether the system is a rain barrel (small quantity under 100 gallons) or cistern (specify large quantity);
• Describe or show by map/sketch the square footage of the subject impervious tributary area targeted for intercept and capture; • Describe or show by map/sketch the square footage of the subject vegetative area intended to receive irrigation from the capture system;
• Method of pre-screening runoff to avoid fouling of collected water.

Specify any chemicals or additives intended for use in preserving or treating captured water;
• If a dual/supplemented system, the method of backflow to avoid contamination of the public potable water supply;
• Sample signage that will be placed in proximity to each irrigation head/outlet indicating the presence of non-potable water being unfit for consumption.

Maintenance procedures and schedule intended to ensure system will function as intended and presents no threat or nuisance to public health and safety

TRAFFIC
157. Traffic Mitigation Fees – The applicant acknowledges that the subject development will impact traffic and agrees to provide for the mitigation by depositing with the City of Thousand Oaks the appropriate non-refundable fees no later than prior to the issuance of building permits. 158. Bicycle Racks – Prior to issuance of building permit inverted “U” shaped bicycle racks shall be installed per the green building code. The racks shall be provided near building entrances or in a manner acceptable to the City Engineer.
159. Signing, Striping and Signal Plans – Prior to issuance of grading permits, the applicant shall submit plans to the City Traffic Engineer for review and approval detailing all existing signing, striping and traffic signals on the subject property and the adjacent City streets. This will be verified in the field by staff and not accepted until complete and accurately drawn. The plans will also show all proposed changes to the signing, striping and traffic signals that will be installed in conjunction with development of the site, Item No. 8A
CONDITIONS OF APPROVAL FOR LU 2021-70215; Z 2021-70216; SP 2021-70397; DAGR 2021-70399; DP 2021-70214; LLA 2021-70398; PTP 2021-70400; and EIR 2021- 70442
cdd: 420-60/Resolution-Council 01/pz (FILE ID: EIR 2021-70442)

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related street improvements and modification to traffic signals. Signing, striping and signal work shall be shown on a plan sheet separate from proposed street improvements.

Prior to occupancy permits, all new and required modification to signing, striping and traffic signals shall be constructed and approved by the City Traffic Engineer.
160. Sight Distance – Adequate vehicular and pedestrian sight visibility shall be provided at all intersections of public streets and private driveways in accordance with the criteria specified within Plate 3-10. The improvement plans for all projects shall demonstrate compliance with this plate (and a means to execute on-going maintenance to guarantee preservation of sight visibility).

Stopping sight distance shall be the principal criteria in determining the appropriate location of on or off-site improvements. It is especially critical that mature landscaping be considered in evaluating visibility, not just the barren ground. Stopping sight distance less than the minimum criteria as specified within Plate 3-10 shall be reviewed and approved by the Planning Commission, if determined necessary by the City Traffic Engineer or the Community Development Department. Where applicable, CC&R's shall require continued compliance with this condition and the requirements contained within Plate 3-10.
161. Signs – Prior to occupancy, all signs shall be installed, and prior to final acceptance, the city may require the applicant to add traffic safety devices, such signing and striping, the need for which are not apparent at time of plan approval, but which are warranted due to actual field condition. The applicant shall install the traffic safety devices prior to final acceptance.

VENTURA COUNTY FIRE PROTECTION DISTRICT
162. Very High Fire Hazard Severity Zone – This project is in a Very High Fire Hazard Severity Zone and all structures shall meet hazardous fire area building code requirements. Contact the Building Division for requirements. 163. Fire Department Clearance – Applicant shall submit VCFD Form #610, Fire Permit Application, prior to obtaining a building permit for any new structures.

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164. Access Point(s) on Roads – Roads shall be provided such that any portion of the exterior walls, at grade level, of a building or structure, is not more than 150 feet from a road as measured by an approved route around the exterior of the building. Exception: The distance shall be permitted to be extended to 250 feet when the building is protected by an automatic fire sprinkler system in accordance with NFPA 13 and provided with an approved access walkway leading from the road to the exterior openings around the structure.
165. Aerial Fire Apparatus Access – Private roads shall comply with Public Road Standards. Multi-Family, Commercial or Industrial Buildings or portions of buildings or facilities with perimeter eave lines exceeding 30 feet in height above the lowest level of fire department access shall require an approved aerial ladder fire apparatus access road. One aerial apparatus access road shall be provided per 50,000 s.f. of building area. Aerial fire apparatus access roads shall have a minimum clear width of 30 feet (proposed bump-outs at the crosswalks of the north/south internal drive are acceptable). At least one of the required access routes meeting this condition shall be located a minimum of 15 feet and a maximum of 30 feet parallel to one side of the building(s), as approved by the Fire District.

Parking shall be prohibited along the required width of the access roads.

Overhead utility and power lines shall not be located within the aerial ladder fire apparatus access roads. Landscaping and other improvements between the required access and the buildings shall not interfere with aerial ladder fire apparatus operations, as approved by the Fire District. 166. Access Road Width, Private Roads/Driveways – Private roads shall comply with Public Road Standards.
• Access road width of 36-feet shall be provided for residential use with parallel parking permitted on both sides.
• Access road width of 32-feet shall be provided for residential use with parallel parking permitted on one side.
• Access road width of 24-feet shall be required with no on-street parking permitted.
167. Access Road Certification – The access road(s)/driveway(s) inclusive of bridges, culverts, and other appurtenant structures which supplement the roadway bed or shoulders, shall be certified by a registered civil engineer as having an all-weather surface in conformance with the City of Thousand Oaks Public Works and/or Fire District standards. This certification shall be submitted to the Fire District for review and approval prior to occupancy.

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168. Access Road Gates – Any gates to control vehicle access are to be located to allow a vehicle waiting for entrance to be completely off the intersecting roadway. A minimum clear open width of 15 feet in each direction shall be provided for separate entry/exit gates and a minimum 20 for combined entry/exit gates. If gates are to be locked, a Knox system shall be installed.

The method of gate control, including operation during power failure (battery back-up), shall be subject to review by the Fire Prevention Division. Gate plan details shall be submitted to the Fire District for approval prior to installation. A final acceptance inspection by the Fire District is required prior to placing any gate into service.
169. Road Surface Construction and Grade Limitations – Fire apparatus access roads serving commercial and industrial occupancies shall have a structural cross section and surface complying with the public road standards for the jurisdiction in which the project is located and grades shall not exceed 10%.
170. Vertical Curve – The vertical curve of fire apparatus access roads shall not allow for transitions between grades that exceed 6% elevation change along any 10-foot section. These transitions shall include angle of approach, angle of departure and high centering of fire apparatus.
171. Vertical Clearance – All access roads/driveways shall have a minimum vertical clearance of 13 feet 6 inches (13' 6"). Clear of building to sky. 172. Roadway Extensions – Where the access road extends beyond the access point, the extended roadway shall comply with all of the requirements for fire apparatus access roads.
173. Construction Access Utilities – Prior to combustible construction, all utilities located within the access road and the first lift of the access road pavement shall be installed. A minimum 20-foot clear width shall remain free of obstruction during any construction activities within the development once combustible construction starts.
174. Fire Lanes – Prior to construction the applicant shall submit two (2) site plans to the Fire District for approval of the location of fire lanes. Prior to occupancy, all fire lanes shall be posted “NO PARKING-FIRE LANE-TOW AWAY” in accordance with California Vehicle Code, the California Fire Code and current VCFPD Fire Lane Standards. All signs and or Fire Lane markings shall be within recorded access easements.

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175. Fire Hydrant(s) Required – Fire hydrant(s) shall be provided in accordance with current adopted edition of the California Fire Code, Appendix C and adopted amendments. On-site fire hydrants may be required as determined by the Fire District.
176. Fire Hydrant Design (Commercial, Industrial, Multi-family buildings) – Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standard of the City of Thousand Oaks Public Works Water Works Manual and the following. a. Each hydrant shall be a 6-inch wet barrel design and shall have one 4-inch and two 2 ½-inch outlet(s).
b. The required fire flow shall be achieved at no less than 20-psi residual pressure.
c. Fire hydrants shall be spaced 300 feet on center and so located that no structure will be farther than 150 feet from any one hydrant. d. Fire hydrants shall be set back in from the curb face 24 inches on center.
e. No obstructions, including walls, trees, light and signposts, meter, shall be placed within three (3) feet of any hydrant.
f. A concrete pad shall be installed extending 18 inches out from the fire hydrant.
g. Ground clearance to the lowest operating nut shall be between 18 to 24 inches.
177. Fire Flow (Commercial, Industrial, Multi-family buildings) – The minimum fire-flow required shall be determined as specified by the current adopted edition of the California Fire Code Appendix B with adopted Amendments and the applicable Water Works Manual for the jurisdiction (whichever is more restrictive). The applicant shall verify that the water purveyor can provide the required volume and duration for the project prior to obtaining a building permit by having them fill out VCFD Form #625, FireFlow Verification. 178. Water System Plans – Plans for water systems supplying fire hydrants and/or fire sprinkler systems and not located within a water purveyor’s easement, shall be submitted to the Fire District for review and approval prior to issuance of grading and/or building permits or signing of grading plans, whichever is first. Plans shall reflect only dedicated private fire service lines and associated appurtenances. Plan shall be design and submitted with the appropriate fees in accordance with VCFPD Standards

14.5.3 and 14.7.2.

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179. Fire Sprinklers – All structures shall be provided with an automatic fire sprinkler system in accordance with current VCFPD Ordinance at time of building permit application.
180. Standpipe Systems – Standpipe systems shall be installed in accordance with California Building and Fire Code requirements.
181. Fire Alarm System – A fire alarm system shall be installed in all buildings in accordance with California Building and Fire Code requirements. 182. Fire Alarm/Sprinkler Monitoring Plans – Plans for any fire alarm system or sprinkler monitoring system shall be submitted, with payment for plan check, to the Fire District for review and approval prior to installation. 183. Emergency Lighting and Exit Signs – Emergency lighting and exit signage shall be installed in all buildings in accordance with California Building Code and California Fire Code requirements.
184. Building Plan Review – Building plans of all A, E, I, H, R-1, R-2, or R-4 occupancies shall be submitted, with payment for plan check, to the Fire District for review and approval prior to obtaining a building permit. 185. Fire Extinguishers – Fire extinguishers shall be installed in accordance with California Building Code and California Fire Code requirements. The placement of extinguishers shall be subject to review by the Fire District. 186. Panic Hardware – All exit doors shall be provided with panic hardware when serving A, E, I occupancies with an occupant load of 50 or more persons.
187. Walkways – Approved walkways shall be provided from all building openings to the public way or fire department access road/driveway. 188. Walk and Pedestrian Gates – If gates are to be locked, a Knox system shall be installed. The method of gate control, including operation during power failure (battery back-up), shall be subject to review by the Fire Prevention Division. Gate plan details shall be submitted to the Fire District for approval prior to installation. A final acceptance inspection by the Fire District is required prior to placing any gate into service. 189. Ground Ladder Access – Access around the building shall be provided to allow for laddering the building, at a maximum 75-degree angle, to reach Item No. 8A
CONDITIONS OF APPROVAL FOR LU 2021-70215; Z 2021-70216; SP 2021-70397; DAGR 2021-70399; DP 2021-70214; LLA 2021-70398; PTP 2021-70400; and EIR 2021- 70442
cdd: 420-60/Resolution-Council 01/pz (FILE ID: EIR 2021-70442)

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emergency escape and rescue openings below the fourth story above the grade plane. A three (3) foot clear working space shall be provided around the ladder at ground level.
190. Exterior Exit Stairway – Emergency escape and rescue openings shall be provided in Group R occupancies. Such openings shall discharge directly to the exterior of the building. The exit discharge shall be at grade or shall provide a direct path of egress travel to grade. The exit discharge shall not reenter a building. An exterior exit stairway is required to provide a path of egress from the podium deck to grade and ground ladder access to the podium deck.
191. Emergency Planning and Preparedness – The owner/applicant and all occupants of buildings shall comply with the Fire Department requirements for Emergency Preparedness Requirements as indicated under the California Fire Code, Chapter 4 “Emergency Planning and Preparedness”, and CCR Title 19 Sec 3.09. All required records and documentation shall be available for review by the Fire Department upon request. 192. Address Numbers (Commercial, Industrial, Multi-family buildings) – Building address numbers, a minimum of ten inches (10") high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Brass or gold-plated numbers shall not be used. Where structures are set back more than 150 feet from the street, larger numbers will be required so that they are distinguishable from the street. In the event a structure(s) is not visible from the street, the address number(s) shall be posted adjacent to the driveway entrance on an elevated post. Individual unit numbers shall be a minimum of 4 inches in height and shall be posted at the front and rear entrance to each unit. Additional address directional signs may be required at common building entrances and stairways.
193. Address Directory – An address directory shall be provided at all entrances to the project at locations approved by the Fire District. Design shall be in accordance with Fire District Addressing Standards. Directory plans shall be submitted to the Fire Prevention Division for review and approval prior to installation.
194. Address Number Plan – A plan shall be submitted to the Fire District for review indicating the method in which buildings are to be identified by address numbers.

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195. Accessory Room Door Labeling – All accessory room doors shall be labeled on the doors indicating use of the room (i.e., Electrical Room, Riser Room, Fire Alarm Panel Inside, Storage Room, Janitor, Roof Access, etc.). 196. Knox Device – Exterior access leading to fire sprinkler riser rooms and alarm control panels shall be provided with a Knox Box for emergency access.

POLICE DEPARTMENT
197. Door Security Hardware – Exterior double doors shall have an astragal constructed of steel or aluminum a minimum of .125” thick, which will cover the opening between the doors. The attachment of the astragal shall comply with all applicable provisions of the Fire Code. Exterior, outward opening single doors shall have the appropriate type of latch guard installed so as to prevent the violation of the latch and strike. The latch guard shall be a minimum of .125” thick and extend a minimum of six inches above and below the door latch or deadbolt. Doors utilizing rim and cylinder locks shall have heavy-duty cylinder guards installed. All outward opening exterior doors shall have hinges equipped with non-removable hinge pins or a mechanical interlock (set screws) to prevent removal of the door from the outside by removing the hinge pins.
198. Address Identifiers – All resident addresses will be clearly marked on the doors of their units. Additionally, all four sides of the residential structures will be marked with the main street address for easy viewing from the street level. Map signs of the location will be placed at all vehicular and pedestrian entrances to residential units.

Map signs of the location will be placed at all vehicular and pedestrian entrances to residential units.
199. Lighting – Weather and breakage resistant covers shall protect all exterior lighting. Exterior lighting fixtures will be fully enclosed to minimize tampering and breakage. After hours exterior lighting shall provide sufficient illumination to allow viewing of the exterior of the buildings and parking areas. Interior after hours lighting is also highly recommended. The use of metal halide fixtures is preferred over high-pressure sodium fixtures, since metal halide provides superior illumination and color rendition. 200. Landscaping – Landscaping shall not cover, nor partially cover any exterior door or window. Landscaping, including trees, will not be placed directly Item No. 8A
CONDITIONS OF APPROVAL FOR LU 2021-70215; Z 2021-70216; SP 2021-70397; DAGR 2021-70399; DP 2021-70214; LLA 2021-70398; PTP 2021-70400; and EIR 2021- 70442
cdd: 420-60/Resolution-Council 01/pz (FILE ID: EIR 2021-70442)

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under any overhead lighting that could cause loss of light at ground level.

All landscaping will be kept trimmed in order to provide an unobstructed view of the building from adjacent walkways. The standard CPTED (Crime Prevention Through Environmental Design) landscaping rules of “two foot / six foot” shall apply to the property (No shrubbery shall be higher than 2 feet and lower the tree canopy shall not grow below 6 feet). This will reduce concealment areas and keep the area well-lit during darkness hours. 201. Stairwells – Stairwells leading to additional floors in the enclosed areas will either have (1) mirrors, (2) an open stairs concept, (3) half-wall concept or (4) any combination of the aforementioned, to allow the traveler to view up or down to the next floor for the purposes of an increased field of view and reduced blind spots.

Additionally, any stairwell or doors leading from the public area to any residential area is to be accessed by key-fob, key, punch code or other control device as to restrict access from the general, non-residing public.

This includes all exterior doors on the perimeter of the residential portion of the project. The doors will have emergency access via a “Knox Box” or similar security device. A generic code for door access will also be provided to Sheriff’s Dispatch at 805-654-9511 if coded. Any code changes need to be provided to Sheriff’s Dispatch ASAP.
202. Parking Structures – Install a digital, color, CCTV security camera system on each level of the parking structures. Cameras shall cover the parking areas as well as the pedestrian and vehicular egress and ingress points.

Cameras shall provide good image quality during all hours of operation. It shall be a requirement that a minimum of the past 72 hours of recorded activity be retained by staff and be available upon request by the Police Department. The interior staircases shall be of the open construction variety in order to minimize blind spots and areas of concealment. Security mirrors shall be placed in the stairwells and parking structure interior.

All exterior openings in the structure's walls shall be secured with decorative metal grids to minimize unauthorized pedestrian entry. The concrete flooring of the structure shall be rough swirled to prevent skateboarding, rollerblading, etc.

For the safe movement of vehicles and pedestrians, lighting levels should be evenly distributed to provide uniform illumination of the entire parking area. Care should be given to prevent the casting of glare and spillover Item No. 8A
CONDITIONS OF APPROVAL FOR LU 2021-70215; Z 2021-70216; SP 2021-70397; DAGR 2021-70399; DP 2021-70214; LLA 2021-70398; PTP 2021-70400; and EIR 2021- 70442
cdd: 420-60/Resolution-Council 01/pz (FILE ID: EIR 2021-70442)

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lighting outside of the structure. The applicant shall comply with the following lighting requirements in the proposed parking structure:
o A minimum five-foot candles at the floor level shall be provided on interior driving aisles, at all times.
o The roof parking area shall have a minimum maintained one-foot candle at floor level during hours of darkness.
o Interior parking spaces at barrier and railings shall have a minimum maintained one-foot candle at floor level at all times. o Stairways, ramps and exits shall have a minimum maintained tenfoot candle at floor level at all times.

The lighting for the parking structure shall be controlled by photocell and shall remain on during hours of darkness and diminished lighting.

It is recommended that the interior walls and ceiling of the parking structure be painted with a light, reflective color to maximize lighting efficiency.

All entrances to the parking structure shall be posted with signs indicating the structure is under 24-hour video surveillance. All driveway entrances shall be posted with appropriate signs per 22658(a) of the California Vehicle Code to assist in removing abandoned vehicles on the property. 203. Mailboxes – If a cluster box is used, it shall be placed in an area conducive to surveillance.
204. Trash Enclosures – Exterior trash enclosures shall be kept closed/locked during non-business hours to discourage, loitering, illegal dumping and theft. Trash enclosures will be constructed to have outside visibly to reduce the possibility of camping or sleeping in the area.
205. Video Surveillance System – Will be required for a 360 degree view around the facility. The surveillance system will be HD quality, have night vision capabilities and be able to retain video data for no less than 14 days.

The police department reserves the right to mandate an additional increased data retention period should it deem it necessary. 206. Roof Access – Roof access must be secured with locking doors or any other mechanism to restrict access for non-public areas. 207. Other Security Concerns – The business will correct any safety or security concerns upon written notice by the Thousand Oaks Police Department.

Item No. 8A
CDD:440-35\CITY COUNCIL ORD\ [FILE ID 2020-70273]

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ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF THOUSAND OAKS ADOPTING SPECIFIC PLAN
NO. 22 (325 AND 391 HAMPSHIRE ROAD), AND ITS
ASSOCIATED GENERAL PLAN AMENDMENT; AND

AUTHORIZING THE LAND USES AND DEVELOPMENT
STANDARDS IN SAID SPECIFIC PLAN (APPLICANT:

IMT CAPITAL V HAMPSHIRE, LLC)
WHEREAS, the Thousand Oaks Planning Commission held a noticed public hearing on May 23, 2022 and thereafter, recommended that City Council certify the Final Environmental Impact Report No. 2021-70442 for Specific Plan No. 22 and its associated General Plan Amendment No. 2021-70215 and that the City Council approve said Specific Plan and General Plan amendment to regulate specific land uses and design standards for approximately 10.97 net acres (of

11.77 gross acres) of property located south of US 101, west of Hampshire Road, and north of Foothill Drive in the City of Thousand Oaks; and, WHEREAS, upon notice duly given, a hearing was held at the regular meeting of the City Council of the City of Thousand Oaks on June 14, 2022, at which time evidence, both oral and written, including a Staff Report and a Final Environmental Impact Report, were presented and received, and testimony was taken from all interested parties appearing in the matter; and WHEREAS, an ordinance is required to formalize Council action pursuant to Section 65453 of the California Government Code, and this ordinance is adopted; therefore, for that purpose and reflects the action of a majority of the members of the City Council (voting ___ - ____) in rendering a decision on this matter following the public hearing at the regular meeting of June 14, 2022.

NOW, THEREFORE, BE IT RESOLVED that the Final Environmental Impact Report No. 2021-70442 is approved, (along for the corresponding General Plan amendment and development entitlements) and Specific Plan No. 22 is hereby found to be consistent with all Elements of the Thousand Oaks General Plan as proposed in Exhibit "A," based on the following findings:

1. The Final Environmental Impact Report No. 2021-70442 reflects the independent judgment of the City of Thousand Oaks, and that, on the basis of the comments received, with the mitigation measures therein, it is found that there is no substantial evidence that the project will have a significant adverse impact on the environment.

ATTACHMENT #5
Item No. 8A
CDD:440-35\CITY COUNCIL ORD\ [FILE ID 2020-70273]

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2. The attached Specific Plan complies with the Thousand Oaks General Plan including the Commercial/Residential land use designation identified on the Land Use Element.

3. The attached Specific Plan will ensure compatibility between potential future uses on the subject property and the surrounding industrial, commercial, institutional and residential uses by limiting the commercial component and uses permitted, implementing public open space features, and applying design standards intended to be sensitive to adjacent properties and residents.

4. The attached Specific Plan will not be detrimental to the public health, safety and welfare as it is intended to limit potential impacts associated with some types of residential, commercial, and open space uses, such as noise, fumes and traffic, on adjacent residents and surrounding properties.

PASSED AND ADOPTED this XX day of XXXXX, 2022 by the following vote:

Ayes:

Noes:

Absent:

Bob Engler, Mayor
City of Thousand Oaks, California
ATTEST/CERTIFY:
__
Cynthia M. Rodriguez, City Clerk
Date Attested: ___________________

APPROVED AS TO FORM
Office of the City Attorney
_____
Tracy Noonan, City Attorney
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APPROVED AS TO ADMINISTRATION
_____
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.

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EXHIBIT "A"
April 2022

THOUSAND OAKS RANCH SPECIFIC PLAN
Specific Plan No. 22

1. Authority for Specific Plan No.

Specific Plan No. 22 is approved in accordance with, and is authorized by, Sections 65450 through 65457 of the California Government Code, and Sections 9-2.401 through 9-2.403 of the Thousand Oaks Municipal Code.

The Specific Plan is consistent with the Thousand Oaks General Plan and is a tool for systematically implementing the General Plan.

2. Location and Boundaries
The general regional location of Specific Plan 22 is shown in Exhibit “1”.

The location and boundaries of the Specific Plan area are depicted on the attached map labeled Exhibit- "2." The site is an infill site to the south of the 101 Freeway and is approximately 10.97 acres that was a former Kmart commercial shopping center property located south of US 101, west of Hampshire Road, and north of Foothill Drive.

3. Existing Conditions
The Specific Plan area presently contains a vacant commercial shopping center consisting of a one-story, 103,670 square foot commercial building, an attached one-story 12,512 square foot commercial building, an existing 2,600-square foot fast food drive-thru restaurant, a surface parking lot, landscape planters, and existing landscaping. The site is characterized by an ascending grade from Hampshire Road at the east front portion of the site to the west rear portion of the site. This easterly portion of the site is approximately 45 feet lower than the westerly portion. The westerly portion the site, where the townhome buildings pads are proposed, is approximately 28 feet lower than the existing residences to the west and along foothill. In general, the site is at a lower elevation than the existing single-family homes to the west, beyond Foothill Drive. There are existing multi-family residences to the south, existing commercial and institutional uses to the north, existing industrial uses to the east, existing single-family residential to the west, and day acre use to the southwest. The site is currently fenced up and unoccupied.

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4. Purpose and Intent
The purpose of Specific Plan No. 22 is to encourage private investment in upgrading this site and to establish an architectural theme and the development policies and standards to guide the future use, design, circulation, and development of the land within the boundaries of the Specific Plan.

Adoption of this Specific Plan is a legislative act establishing specific regulations which apply within its boundaries. These regulations may be specific in some areas, and somewhat general in others. They form standards that future development projects must adhere to. A specific plan is analogous to zoning in that regard. As with any property in the City, development of any portion of the site within the Specific Plan requires the approval of an appropriate entitlement application(s) that must comply with the regulations set forth in this Specific Plan, as well as all other applicable City regulations, codes, guidelines, and policies. Unless specifically waived or modified herein, all applicable regulations of Title 9 (Planning and Zoning) of the Thousand Oaks Municipal Code (TOMC), and all other resolutions and policies related to land development in the city, shall apply to development within the Specific Plan area.

5. Statement of The Relationship Of Specific Plan To City’s General Plan As to the relationship of Specific Plan No. 22 to the City’s General Plan:
(i) That General Plan states “high density residential development” like the proposed mixed-use and townhome apartment development “should be located primarily at sites accessible and close to major centers of activity and along the Ventura Freeway.”
(ii) The present site is vacant, neglected and underutilized containing two vacant buildings within a previously developed commercial shopping center. This Specific Plan is consistent with the General Plan goal to “enhance . . . attractiveness of the Conejo Valley” because it would provide infill housing, publicly accessible open space and commercial uses;
(iii) Allowing mixed-use and multi-family residential uses and development on this site is consistent with the General Plan’s
Commercial/Residential land use designation; and
(iv) Having new residential units at this location is consistent with the General Plan’s job and housing balance1 by providing a mixed-use 1 “To provide the framework for a planned and unified community containing a balance of living, working, shopping, educational, civic, cultural and recreational facilities.” Item No. 8A
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development with commercial uses and entry level workforce housing close to the City’s major employment center in the nearby industrial centers to the east and commercial uses within the Thousand Oaks Boulevard area (Specific Plan 20), so these residents will be able to work nearby.
(v) In addition, a mixed-use development is consistent with greenhouse gas reduction sustainability concepts because the project includes live/work units and this proposed development is within walking distance to retail and restaurants or to nearby shops and restaurants and close to employment centers. Hampshire Road runs along the eastern property line with industrial and commercial centers to the east and north of this site. Nearby City bus routes are located at the intersection of Hampshire Road and Thousand Oaks Boulevard, 0.4- mile northeast of the site and at the intersection of Duesenberg Drive and Thousand Oaks Boulevard, 0.8-mile northeast of the site. Further, the US 101 freeway on and off ramps are nearby to the north.

6. Use Areas
The following uses only shall be permitted within Specific Plan No. 22 subject to requirements and conditions of a Development Permit granted in the manner provided in Article 28 of the Thousand Oaks Municipal Code. As shown on Exhibit “3” the Specific Plan area will consist of the following two (2) use areas:
“Mixed-Use” area allowing two mixed-use buildings which encapsulates related amenities and services for its guests and visitors, all as a permitted use. Such uses would include cafes, eating and drinking establishments, live/work units, and meeting rooms for the purposes of hosting various private events. Other potential uses compatible with the primary “Mix-use” may be considered with Community Development Director or designee approval.
“Multi-family Residential” area allowing 13 multi-family residential buildings with 71 dwelling units in a multi-level, apartment housing configuration with related amenities and accessory uses for its residents and their guests.

The site contains two parcels: one parcel (Parcel A) for the multi-family residential area (approximately 5.04 acres) and the other parcel (Parcel B) for the mixed-use area (approximately 5.94 acres). The use matrix below identifies uses that may be permitted or requires a Special Use Permit within the Specific Plan with an approved underlying Development Permit.

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Use Matrix Table:

Use TOR SP-22
Administrative, business and professional offices P
Adult entertainment uses NP
Appliance and electronic repair P
Art and crafts studios and galleries P
Assisted living SUP
Auto body repair facilities NP
Auto repair facilities NP
Auto parts store P
Automobile service stations (gas and other fuels) NP
Bakeries SUPA
Banks and similar financial services P
Bookstores P
Boutique Wine and Beer (Type 20 ABC license), per Section

5.5.2 of the Specific Plan.

SUPA
Breweries, wine blending, and distilleries (without on-site consumption), per Section 5.5.1 of this Specific Plan
P
Breweries, wine blending, and distilleries (with on-site consumption), per Section 5.5.1 of this Specific Plan
SUPA
Clubs and lodges, private
SUP
Consumer electronics and appliances sales and services P College extension classrooms and testing centers SUPA
Copying and reproduction services, including print shops P Dancing schools and studios SUPA
Dish antennas over 18 inches in diameter
SUPA
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Use TOR SP-22
Dog parks P
Drive-through facilities NP
Drugstores, pharmacies P
Florist shops P
Food markets without incidental sales of alcohol P
Food markets with incidental sales of alcohol (up to 10 percent to storage and sales of alcohol)
SUPA
Furniture stores P
Health clubs, fitness studios, gymnasiums SUPA
Home occupations HOP
Household maintenance and repair services (e.g., shoe repair, tailor shop, locksmith, framing, watch repair)
P
Industrial uses NP
Jewelry stores P
Laundromats (self-services) NP
Laundries and dry cleaning establishments (no plants) P Libraries SUP
Liquor stores, general (Type 21 ABC license), per Section 5.5.2 of the Specific Plan.

SUPA
Live entertainment venues (including accessory) SUP
Live/work units, per Section 5.5.5 of the Specific Plan P Manufacturing uses NP
Martial arts studios SUPA
Massage parlors NP
Medical and dental offices, including urgent care P
Mixed-Use DP
Multi-Family Residential DP
Music schools SUPA
Use TOR SP-22
Newspaper offices and plants NP
Newsstands P
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P: Use permitted
NP: Not Permitted
HO: Home Occupation Permit
Outdoor dining in conjunction with a permitted and related commercial operation (e.g. restaurants, meat markets)
P
Parks (pocket parks, playgrounds, dog park, etc.) P
Personal care establishments (e.g., barbershops, beauty shops, nail salons, tanning salons, day spa)
P
Pet shops, including grooming services SUPA
Places of worship (religious facilities) SUP
Postal box and mailing services P
Print shops P
School, art, computer, language, tutoring, testing centers, weight control, and driving
P
School, trade & vocational, without frontage onto Hampshire Rd. P Residential Care Facilities (Small) P
Residential Care Facilities (Large) NP
Restaurants, cafes, and other specialized food service
establishments with alcoholic beverage consumption (Type 41 and 47 ABC Licenses),

SUPA
Restaurants, cafes, and other specialized food service
establishments, with dancing or live entertainment
SUP
Restaurants, cafes, coffee shops, and other specialized food and beverage service establishments
P
Retail P
Residential roof-top amenities, such as games, open space, activities, gatherings for residents and their visitors. Amplified sounds require SUPA.

P/SUPA
Spas and personal care to include nail salons and hair salons for two or more patrons
P
Substance abuse treatment facilities NP
Temporary model home and real estate sales complexes, per Section 5.5.4 of this Specific Plan
P
Wireless communications facilities SUPA
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DP: Development Permit
SUP: Planning Commission Special Use Permit
SUPA: Administrative Special Use Permit
Specific Land Use Restrictions
Notwithstanding any language to the contrary in City’s zoning regulations, the following land uses shall be prohibited on the Property:
• Massage parlors
• Newspaper offices and plants
• Residential Care Facilities (Large)
• Substance abuse treatment facilities

7. Residential Density and Intensity of Development
The 353 residential dwelling units have been allocated to this site by the City Council. The mixed-use and multi-family residential areas are contemplated to have apartment units with a maximum density of 30 dwellings units per net acre (based on 11.79 acres per City Council resolution 20-014). The site coverage and intensity and locations of the new structures and buildings shall be located substantially as shown on the Site Plan attached as Exhibit “4”.

8. Development Standards
A. Building Height
(1) Building Height Mixed-Use Buildings. Buildings shall not exceed an average height of 50 feet as prescribed by SP-22.

A building or structure exceeding such height, may be
approved by the Planning Commission.
(2) Multi-family Residential Townhome Apartment Buildings.

Buildings shall not exceed an average height of 35 feet as prescribed by SP-22. A building or structure exceeding such height, may be approved by the Planning Commission.
(3) Number of stories. Mixed-use buildings shall be restricted to four-stories, with an increased 4th floor setback.
(4) Building Height Exception. Roof attachments such as mechanical equipment, parapets, wireless masts, similar diminutive roof attachments, and stairway and elevator towers may not be included in the height limits set forth in this chapter provided Roof attachments are set back a minimum of ten (10) feet from the face of the building.

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B. Setbacks:

The following area regulations shall apply to any use/ development permitted in Specific Plan No. 22:
(1) Mixed-Use Buildings:

(a) Front (east): There shall be a front (street) yard first floor setback of 10 feet minimum for all main structures along Hampshire Road.
i. There shall be a minimum 30-foot 4th floor
setback of for all main structures along
Hampshire Road.
(b) Building A Side (north): There shall be a 15-foot
minimum yard setback to property line for structures.
(c) Building A Side (south): There shall be a 25-foot
minimum yard setback to access drive for structures
(d) Building B Side (north): There shall be a 25-foot
minimum yard setback to access drive for structures.
(e) Building B Side (south): There shall be a 20-foot
minimum yard setback to property line for structures.
(2) Townhome Apartment Buildings:

(a) Front (east): There shall be a 10-foot minimum yard setback to access drive.
(b) Side (south): There shall be a 20-foot minimum yard setback for structures fronting on Foothill Drive.
(c) Rear (west): There shall be a minimum 15-foot rear
yard setback to property line.

C. Parking
(1) Off-Street Parking:

Must Comply with parking area design standards pursuant to TOMC Section 9-4.2405 and as prescribed by SP-22.
(2) Required parking:

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a. Mixed-Use Dwelling Units: Studio and one-bedroom
apartments, 1 space (covered) per unit; two-bedroom
apartments, 2 spaces (1 covered) per unit; three or morebedroom apartments, 2 spaces (1 covered) per unit; plus an additional 25 guest parking spaces.
b. Townhome Apartment Buildings: two-bedroom
apartments, 2 spaces (covered) per unit; three or morebedroom apartments, 2 spaces (covered) per unit; plus an additional 30 guest parking spaces.
c. Commercial Retail: 1 for each 250 square feet of gross floor area.
d. Eating establishments (cafes or similar): 1 per 200 square feet gross leasable area for the first 2,000 square feet, then 1 per 100 square feet thereafter.
(3) Parking Location:

All required residential parking associated with the mixed-use residential units will be provided within the subterranean parking structures, with guest parking spaces
All required residential parking associated with the townhome apartment residential units will be provided within the parking garages, with guest parking spaces predominately consisting of surface level parking.

All required Commercial parking will be provided within the subterranean parking structures and surface level parking spaces on the subject site. Parking design is open to surface lots and/or structured parking.

D. Parking Space Dimensions:

Shall comply with the standards specified in Article 23, of Chapter 4 of Title 9 of the TOMC and SP-22.

E. Circulation:

1. Vehicular
(a) Overall design concept provides adequate traffic flow with minimal conflicts with pedestrians, with public
street connections and on-site private driveways as
shown on the Site Plan as Exhibit “4”.

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(b) Driveway design, location, and gradients shall comply with requirements pursuant to TOMC Section Sec. 9-

4.2405, unless otherwise approved by the Community
Development and Public Works Departments.
(c) All driveways within a parking lot used exclusively for ingress and egress or interior parking lot circulation
shall be designed and improved with grades not to
exceed a 7 percent slope, unless otherwise approved
by the Community Development and Public Works
Departments.
(e) Where dead-end driveways occur, provide minimum 5-
foot pavement extensions when abutting a landscaped
area or 10-foot when abutting a wall.
(f) Project shall comply with Ventura County Fire
Department standards.
(j) Reciprocal ingress and egress access easements to the separate parking areas shall be recorded for the two
parcels.
(k) Internal private driveways shall have a minimum width of 30 feet, with surface parking mixed-use and
townhome apartment guests and subterranean parking.

2. Pedestrian
(a) Project to have disabled accessibility compliance with design of ramps, walks, clearances, material use,
parking, signage per Title 24 and City ordinances.
(b) Design decorative concrete walkways that provide
connectivity and accessibility to all onsite buildings, and other amenities, with a contemplated circulation pattern as shown on Exhibit 4.

F. Loading and Unloading for Commercial Uses:
(1). Excess of 5,000 to 30,000 square feet: 1 space
(2) The size and location of each loading space for
retail/commercial uses less than 5,000 square feet shall be located off the street and shall not be less than 12 feet in width by 25 feet in depth by 14 feet in height. All other loading spaces, regardless of use, shall not be
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less than 12 feet in width by 50 feet in depth by 14 feet in height.

G. Signs:

All requirements set forth in the City's sign regulations shall apply to the Specific Plan area except as follows:

1. Total Sign Area: one (1) square foot of area for each linear foot of the width of the front of the building. Total Sign Area is for wall signs only and does not include Monument Signs.

2. Sign Location – Commercial: Signs may be permitted on east and south sides of the mixed-use Building A and on the east and north side of mixed-use Building B, but the total combined square footage of all wall signs shall not exceed the total sign area. Signs exposed to the residential areas shall be non-illuminated.

No on-building identification or advertisement signs, except directional or parking entrance signs, shall be allowed on the exterior elevations of a parking structure. The frontage of such structure shall not be used in calculating the size of permitted signs for the project.

3. Number of Signs: If the number of signs proposed on any façade is equal to two or more, a sign program for the building and site shall be required. The Sign Program shall include, but not be limited to:
a. Text description,
b. Pictorially represent the location of all sign locations, c. Dimensions, color, letter style, letter height, and sign type of all signs to be installed in conjunction with any and all uses for an entire establishment or site.

All new, altered, or changed signs shall conform to an approved sign program unless an amendment to that approved sign
program is approved by the decision-making authority.

4. Monument signs shall be limited to no more than 32 square feet exposed surface area on one side (maximum height of 6 feet including the base) and designed with colors and materials compatible to the buildings on-site. There will be up to two (2) monuments signs along Hampshire Road and one(1) along
Foothill Drive.

The Community Development Director may permit one single-faced sign on any portion of a parcel of record to advertise the sale or lease in total of the subject property, identify a construction project, or Item No. 8A
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announce a building project. Such sign shall not total more than twenty-four (24) square feet in sign area. No portion of any sign permitted pursuant to the provisions of this section shall have a height of more than six (6') feet. Such sign shall be removed in accordance with the provisions of Section 9-4.2304 of Article 23.

H. Landscaping:
(1) Landscape trees shall be selected and planted in such a manner as to minimize root damage to surfaces and
structures.
(2) Compliance with landscape and irrigation standards
pursuant to Res. Nos. 2005-011 and 2007-116. All
landscaping and irrigation shall comply with the State of California Model Water Efficiency Landscape Ordinance
(MWELO) standards.
(3) Landscaping within parking areas. Ten (10%) percent of open parking and driveway areas shall be landscaped.

This shall be in addition to landscape requirements for setback areas, perimeter property line landscaping and
landscape planters located adjacent to structures. Such landscape areas shall be evenly distributed through the entire parking area as required by the Community
Development Director. The ten (10%) percent parking
requirement shall be calculated based on the total
amount of parking and driveway areas on the approved
plan(s), except parking spaces provided for display
purposes or for enclosed vehicles storage areas. The
Community Development Director or the Planning
Commission may allow any landscaped area which
would be within an open service or work area and not
viewable from any perimeter street to be relocated to a more functional location within the other parking areas on the property provided such relocation does not
decrease the total required interior landscaping of the parking area.
(4) The northeast and southeast corner of Hampshire Road will be upgraded with Landscaping and Hardscape as a
pedestrian corner plaza, with planter seating and
decorative hardscape surfaces.
(5) The required landscaping area shall be planted and
provided with permanent irrigation systems in
accordance with landscape standards and guidelines of
Resolution No. 93-74.

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I. Apartment Private Open Space:

All apartment units shall have a minimum private patio or balcony area of fifty (50) square feet and a minimum dimension of six (6') feet and with direct access to the unit.

J. Apartment Common Open Space:

A minimum of 2.72 acres of Common Open Space shall be required.

The following Common Open Space amenities shall be incorporated into the residential development:

A pool area of approximately 6,000 square feet, which includes the pool, 5,000 sf. pool house, barbecue, and seating areas.

At least two (2) quasi-public plazas that would be accessible from both the property and public sidewalk. Minimum size requirement would be 2,000 square feet. Both of which would be developed around the mixed-use buildings as well as incorporating the corner of Hampshire Road.

At least one (1) publicly accessible dog park/community park and seating area with a minimum area of 0.32 acres shall be provided.

In addition, the mixed-use and multi-family project shall have a wellcoordinated pedestrian circulation which will utilize “paseo-plazas” internal to the site, that would have a dual purpose for gathering or passive recreation as well as providing connectivity throughout the site. These defined spaces separate from the connecting walkways, would count toward meeting the common open space requirement.

Collectively, the above shall count toward the overall Common Open Space requirement.

K. Architecture:

A contemporary modern architectural theme shall be applied for new buildings in the project, featuring undulating roof lines, smooth stucco exterior, brick veneer, cement and metal panel siding, vertical and horizontal variation, and wrought iron detailing. The 4th floor shall provide increased setbacks from the floor levels below and roof forms shall be varied to break up a building’s mass and define the architectural character of the building. The mixed-use buildings shall be sited at the eastern portion of the site and located and oriented toward the Hampshire Road street frontage. Any proposed project shall display a high degree of honest and true architecture, real materials, and contextual compatibility and the project's consistency with the City's architectural design guidelines and policies per Res.

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No. 2005-011. Demonstrate screening of any proposed roof mounted and ground mounted mechanical units. The proposed buildings shall be compatible with architectural design elements of surrounding buildings and incorporate wall articulation to break up mass and accentuate different materials. Project will follow Cal Green Requirements.

L. Lighting:

A. Any new construction shall provide a Photometric Plan, if applicable, that includes light fixture details.

B. Photometric analysis to demonstrate adequate on-site illumination and no off-site spillover.

C. No roof illumination shall be permitted except as otherwise needed to comply with building security requirements. The design and location of such fixtures shall be subject to review and approval of the Community Development Department prior to the issuance of a building permit. The rooftop areas shall be illuminated with wall sconces and shall not extend beyond the height of the parapet. Additionally, the rooftop areas may be illuminated subject to the following:
a) Cut-off shields shall be installed/maintained on each side of the light fixtures visible from the parapet wall perspectives; b) Motion sensors shall be installed to limit operation of the lighting to times activity is detected on the rooftop areas.

Lighting shall be off when no activity is on the rooftop; and c) Stand-alone light standards shall not exceed 10’-0” in height M. Utility Services, Infrastructure and Financing:

Pursuant to California Gov. Code §65451(2), all utilities and infrastructure for permanent service to or from new construction within the Specific Plan, specifically including electric service, hardline telephone, cable TV, gas, wastewater and water service shall be constructed underground pursuant to applicable provisions of the Thousand Oaks Municipal Code and placed within the paved section of public and/or private driveways/streets and not within landscaped median or parkways except where placement in streets and/or private driveways is infeasible. All existing utility poles shall be removed.

The proposed circulation, location, and extent of the private, on-site, streets or driveways are shown on the Site Plan Exhibit 4. The proposed distribution, location, extent, and intensity of major components of the public and corresponding private sewage Item No. 8A
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collection mains, water mains for distribution and fire hydrants, stormwater drainage pipes and inlets/catch basins, subsurface stormwater infiltration facilities and detention areas, solid waste disposal, energy, and other essential major facilities are proposed to be located within the area covered by the Specific Plan and needed to support the land uses described in that plan. These features are shown on the City approved civil engineering plan submitted to the City for the associated development entitlements and further demonstrated in Exhibit “5.”
In addition, the mitigation measures described in Environmental Impact Report (EIR) 2021-70442 shall be implemented.

N. Affordable Housing Component:

To help meet the City’s RHNA numbers the mixed-use residential areas will contain 54 affordable units (16% of total units) for qualifying low-income households, based on the median income for Ventura County as published by the State of California pursuant to California Code of Regulations, Title 25, Section 6932, or successor provision.

Unit type mix will be 9 four (4) studio units, 26 one-bedroom units, and 20 two-bedroom units. In addition, applicant has agreed to dedicate 4 units for moderate-income residents consisting of two (2) studio units and two (2) one-bedroom units. These affordable unit will be blended in among the market rate units. Rental obligations for the low-income affordable units shall remain for such designated income groups for a fifty-five (55) year period from when such units are completed. There shall be a recorded Affordable Housing Agreement between the owner of the project and the City specifying the affordable income level served and guaranteeing the affordability of dwelling units constructed.

9. Administration
A. New Land Uses or structures, changes to land uses or structures. It shall be unlawful, and a violation of this Specific Plan, for any person to establish, construct, reconstruct, enlarge, alter, or replace any use of land or structure, except those in compliance with the requirements of this Specific Plan. No Building Permit or Grading permit shall be issued by the City unless the proposed construction complies with all applicable provisions of this Specific Plan.

B. Conflicting Requirements. If a conflict occurs between requirements of this Specific Plan, or between this Specific Plan and the City of Thousand Oaks Municipal Code or other regulations of the City, the most restrictive shall apply.

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C. Other Requirements may apply. Nothing in this Specific Plan eliminates the need for obtaining any other permits required by the City, or any permit, approval, or entitlement required by any other applicable special district or agency, and/or the regulations of any State, or Federal agency.

D. Ambiguities. The Community Development Director shall have authority to interpret the appropriateness of any proposed business operation within the commercial component. Any determination shall be consistent with the intent of the use limitations on the site and with regard to sensitive residential uses in the immediate vicinity.

10. Severability
If any condition or term herein is declared illegal, null and void, or unenforceable, the other terms and conditions shall remain in full force and effect to the fullest extent permitted by law.

11. Amendment
Amendments to Specific Plan No. 22 shall be considered pursuant to procedures established by Section 65453 of the State of California Government Code.

12. Adoption
Upon the approval of Specific Plan No. 22 by the City, and pursuant to the provisions of California Government Code Section 65453, the City shall adopt an ordinance establishing Specific Plan No. 22.

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ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF THOUSAND OAKS APPROVING A
DEVELOPMENT AGREEMENT (325 AND 391
HAMPSHIRE ROAD; APPLICANT: IMT CAPITAL V

HAMPSHIRE, LLC)
Part I
Based upon the information contained in the Staff Report, exhibits, and public testimony given at a public hearing on June 14, 2022, the City Council approved this Development Agreement with the following findings:

WHEREAS, to strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted Government Code Sections 65864 et seq. (the “Development Agreement Statute”) which authorizes cities to enter into agreements for the development of real property with any person having a legal or equitable interest in such property in order to establish certain development rights in such property; and
WHEREAS, in accordance with the Development Agreement Statute, the City of Thousand Oaks (the “City”) has adopted regulations (the “Development Agreement Regulations”) to implement procedures for the processing and approval of development agreements in accordance with the Development Agreement Statute, which are contained in Section 9-11.01 et seq. of the Thousand Oaks Municipal Code; and
WHEREAS, the IMT Capital V Hampshire, LLC (“Developer”) desires to carry out the development of a mixed-use and multi-family residential project (“Project”) located at 325 and 391 Hampshire Road (“Property”), consistent with the General Plan, newly adopted Specific Plan (SP 22), other City rules and regulations, and the Development Agreement and vested entitlements referenced therein; and
WHEREAS, this Development Agreement (DAGR 2021-70399) will assure the City and the Developer that the Project will proceed as proposed and that the Project can proceed without disruption caused by a change in City planning and development policies and requirements, which assurance will thereby reduce the actual or perceived risk of planning, financing and proceeding with construction of the Project and promote the achievement of the private and public objectives of the Project; and
ATTACHMENT #6
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WHEREAS, the Planning Commission, upon giving the required notice, did, on the 23rd day of May, 2022, opened a duly-advertised public hearing as prescribed by law to consider said application; and
WHEREAS, on the 23rd day of May, 2022, the Planning Commission, at the request of the applicant continued the item to a date certain of June 8, 2022; and WHEREAS, on the 8th day of June, 2022, the Planning Commission, held a 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; and
WHEREAS, the City Council of the City of Thousand Oaks held a duly noticed public hearing on the Project on June 14, 2022, during which the City Council received comments from the developer, City staff, and members of the general public and approved related entitlements and legislative actions, including a General Plan Amendment (LU) 2021-70215; Zoning Change (Z) 2021-70216; Specific Plan (SP) 2021-70397; Development Agreement (DAGR) 2021-70399; Development Permit (DP) 2021-70214; Lot Line Adjustment (LLA) 2021-70398; Protected Tree Permit (PTP) 2021-70400, and adopt and make the CEQA Findings and certify the FEIR 2021-70442.

Part 2

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF THOUSAND OAKS DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. This Ordinance incorporates, and by this reference makes a part hereof, the Development Agreement (including all exhibits to the Agreement), attached hereto as Exhibit A, subject to the provisions of Section 5 hereof.

SECTION 2. This Ordinance is adopted under the authority of Government Code Section 65864 et seq. and pursuant to the City’s “Development Agreement Regulations.”
SECTION 3. In accordance with the Development Agreement Regulations, the City Council hereby finds and determines, as follows:
(a) The Development Agreement is consistent with the goals and policies of the Thousand Oaks General Plan and Specific Plan 22; (b) The Development Agreement establishes certain development rights, obligations and conditions for implementation of the Project; (c) The Development Agreement is in conformity with public convenience, general welfare and good land use practice; Item No. 8A
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(d) The Development Agreement will not be detrimental to the public health, safety and general welfare;
(e) The Development Agreement will support the orderly development of the Property and the preservation of property values; (f) The project qualifies as a “Mixed-Use” project, which is a development concept for the Specific Plan area intended to produce a broad mix of interactive uses, which will create an active and interesting atmosphere in both the daytime and evening hours.

Complementary uses are to be located in close proximity to each other in order to promote interaction between uses to advance the development concept of the Specific Plan.
(g) The project is consistent with the “commercial/residential” land use designation of the Thousand Oaks General Plan.
(h) The architectural design of the project complies with the intent and development standards of SP 22 and the City’s Architectural Design Review Guidelines, Precise Plan of Design Guidelines, Commercial Design Guidelines, and Freeway Corridor Guidelines.
(i) EIR 2021-70442 was prepared for the subject project in accordance with the California Environmental Quality Act (CEQA). A comprehensive evaluation of the potential environmental impacts for this project was performed. This evaluation determined that the project could have a significant effect on the environment without appropriate mitigation measures in place, therefore an EIR was prepared for the project. Appropriate measures are detailed in the report to ensure appropriate mitigation is in place so no significant adverse environmental impact results from the project. To that end, a mitigation monitoring plan is required to ensure the indicated mitigation measures are applied to the project.

The project EIR identified certain environmental effects of the project that may remain significant and unavoidable, due to noise resulting from temporary vibration and construction, despite recommended mitigation measures. However, certain considerations and public benefits of the project outweigh these unavoidable adverse effects and justify and support accepting those effects and approving the project, as described in the Statement of Overriding Considerations included in the CEQA Findings.

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SECTION 4. The foregoing findings and determinations are based upon the following:
(a) The Recitals set forth in this Ordinance, which are deemed true and correct;
(b) The City’s General Plan, as amended by General Plan Amendment LU 2021-70215 (City Council Resolution No. 2022-XXX) prior to adoption of this Ordinance;
(c) Resolution No. 2022-XXX for the Project entitlements, adopted by the City Council on June 14, 2022, and which Resolution and exhibits are incorporated herein by reference as if set forth in full; (d) All City Staff reports (and all other public reports and documents) prepared for the Planning Commission and City Council, relating to the Development Agreement and other actions relating to the Project;
(e) All documentary and oral evidence received at public hearings or submitted to the City during the comment period relating to the Development Agreement, and other actions relating to the Project; and
(f) All other matters of common knowledge to the Planning Commission and City Council, including, but not limited to the City’s fiscal and financial status; City policies and regulations; reports, projections and correspondence related to development within and surrounding the City, State laws and regulations and publications.

SECTION 5. The City Council hereby approves the Development Agreement, attached hereto as Exhibit A, subject further to such minor, conforming and clarifying changes consistent with the terms thereof as may be approved by the City Manager, in consultation with the City Attorney to execution thereof, including completion of references and status of planning approvals, and completion and conformity of all exhibits thereto, and conformity to the General Plan, as amended, as approved by the City Council.

SECTION 6. The approval contained in Section 5 hereof is subject to and conditioned upon Resolution No. 2022-XXX, adopted by the City Council approving the General Plan Amendment, becoming effective.

SECTION 7. The City Manager is hereby authorized and directed to perform all acts authorized to be performed by the City Manager in the administration of the Development Agreement pursuant to the terms of the Development Agreement.

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Part 3
(Uncodified)
The Development Agreement DAGR 2021-70399 (EXHIBIT A) is hereby approved and adopted as presented to City Council on June 14, 2022 and with the second reading held on June 28, 2022.

Part 4
(Uncodified)
If any section, subsection, clause or phase of the 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 5
(Uncodified)
PASSED AND ADOPTED this XX day of XXXX, 2022, by the following vote:

Ayes:

Noes:

Absent:
___________________________
Bob Engler, Mayor
City of Thousand Oaks, California
ATTEST/CERTIFY:
_____________________________
Cynthia M. Rodriguez, City Clerk
Date Attested: _________________
Item No. 8A
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APPROVED AS TO FORM:

Office of the City Attorney
_____________________________
Tracy M. Noonan, City Attorney
APPROVED AS TO ADMINISTRATION:
______________________________
Andrew P. Powers, City Manager
Introduced: June 14, 2022
Published: XXXX XX, 2022
Ordinance No.: XXXX-XX
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.

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EXHIBIT "A"

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Thousand Oaks
2100 E. Thousand Oaks Boulevard
Thousand Oaks, CA 91362
Attn: City Clerk
WITH A COPY TO:

Thomas S. Cohen
1534 N. Moorpark Road, #337
Thousand Oaks, CA 91360
(Space Above this Line is for Recorder’s Use Only)
This Development
Agreement is recorded at the
request and for the benefit of
the City of Thousand Oaks and
is exempt from the payment of
a recording fee pursuant to
Government Code § 6103.

DEVELOPMENT AGREEMENT
by and between

CITY OF THOUSAND OAKS
and

IMT CAPITAL V HAMPSHIRE, LLC
THIS DEVELOPMENT AGREEMENT is entered into this 14th day of June, 2022, by and among the CITY OF THOUSAND OAKS, a California municipal corporation (“City”), on the one hand, and IMT CAPITAL V HAMPSHIRE LLC (“Owner”), on the other hand. City and Owner are at times collectively referred to as the “Parties” herein.

R E C I T A L S
This Agreement is predicated upon the following facts, understandings, and intentions of the Parties.

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A. The State of California adopted the Development Agreement Act to strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic risk of development. Sections 65865 through 65869.5 of the California Government Code Section (the Development Agreement Act), authorizes City and persons who have legal or equitable interests in real property to enter into a binding development agreement establishing certain development rights in the real property that is the subject of the development project application. City has also codified the process of development agreements in Chapter 11 of Title 9 of the Thousand Oaks Municipal Code (“TOMC”).

B. Throughout this Agreement, including the Recitals contained herein, certain capitalized terms are used which are defined in Section 1 of this Agreement. City and Owner intend to refer to those definitions when the capitalized terms are used.

C. Pursuant to Government Code Section 65865, City adopted Title 9, Chapter 11 of the TOMC – Development Agreements (“Development Agreement Ordinance”), further authorizing this Agreement and establishing the City Council’s intent that development agreements be entered into in those situations where the agreement is fair, just and reasonable at the time of its execution; and where it is prompted by the necessities of the situation, or is, by its nature, advantageous to City.

D. Throughout this Agreement the terms “Owner” or “Developer” may be used synonymously, and both refer to IMT Capital V Hampshire, LLC.

E. On May 12, 2020, the City Council adopted Resolution No. 2020-014, “A Resolution of the City Council of the City of Thousand Oaks Declaring Intention to Consider an Amendment to the Land Use Element of the General Plan and Allowing Concurrent Processing of Entitlement Applications for Land Located at 325 and 391 Hampshire Road (LU 2020-70104 / RCA 2020-70105: IMT Capital V Hampshire, LLC)”.

As part of that Resolution, the City Council approved LU 2020-70104 and RCA 2020- 70105, allocating 353 residential dwelling units of Citywide Measure E residential capacity to the Property.

F. Owner and the City have agreed that the parties should enter into a development agreement pursuant to City’s Development Agreement Ordinance and proceedings have been taken in accordance with the rules and regulations of City and State law.

G. Owner voluntarily enters into this Agreement to implement the General Plan and in consideration for the rights conferred and the procedures specified herein for the development of 325 and 391 Hampshire Road, Thousand Oaks, California A.P.N.

Numbers 676-0-150-375, -365 and -285 (“Property” or “Project site”). City, in the exercise of its legislative discretion, voluntarily enters into this Agreement to implement the General Plan Amendment and in consideration of the agreements and undertakings of Owner as specified herein.

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H. Concurrent with this Agreement, Owner proposed that City grant Owner the following land use entitlement approvals (hereinafter “Project Approvals”) for the Project (defined below in Section 1 – Definitions) which are incorporated and made a part of this Agreement.
a. General Plan Amendment No. LU 2021-70215 to
Commercial/Residential;

b. Specific Plan 2021-70397 (with density bonus units in exchange for affordable housing);
c. Zone Change and Zoning Map Amendment 2021-70216;
d. Development Permit (DP) 2021-70214
e. Protected Tree Permit No. 2021-70400
f. Lot Line Adjustment (LLA) 2021-70398
g. Development Agreement (DAGR) 2021-70399
h. Environmental Impact Report (EIR) 2021-70442
I. During the application process, Owner submitted architectural plans, site plans, landscape plans and grading plans to the City for review by staff. The Project was approved subject to certain conditions and the approved plan and conditions of approval are attached to this Agreement as Exhibits C and D.

J. City has approved the Project, subject to the associated conditions, and determined that this Agreement is consistent with City’s General Plan and Specific Plan No. 22 and specifically determined that this Agreement: (1) is fair, just and reasonable; (2) is prompted by the necessities of the situation and is by its nature advantageous to City; and, (3) that this Agreement encourages and assures private participation in the construction of housing stock, as determined in the absolute discretion of the City Council.

K. On May 23, 2022, the Planning Commission of City considered the Project, the material terms of this Agreement, and the Environmental Impact Report (“EIR”) at a duly noticed public hearing and made appropriate findings that the provisions of this agreement are consistent with the General Plan and recommended approval of the Project to City Council. This Agreement was thereafter considered by City Council at a duly noticed public hearing on June 14, 2022, in accordance with State law and City’s Development Agreement Ordinance.

L. The City Council, after conducting a duly noticed public hearing on June 14, 2022, considered, confirmed, and approved that the Project’s EIR adequately addresses the environmental impacts of the Project at the Project Site, including consideration of the Item No. 8A
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Project Approvals, approved the form and material elements of this Agreement, authorized the execution of this Agreement, and found that the provisions of this Agreement are consistent with the General Plan, State law, and the Development Agreement Ordinance. The City Council conducted the first reading of the new ordinance on June 14, 2022, followed by the City Council’s second reading of the new ordinance on June 28, 2022.

M. This Agreement and the consent of Owner to each of its terms, conditions, and obligations will eliminate uncertainty in planning and provide for the orderly development of the Property consistent with the policies and objectives of the General Plan, Specific Plan No. 22, and proposed zoning, as well as provide funding for certain public infrastructure improvements needed for the Project or public projects as further identified in this Agreement. All such public improvements or projects are beneficial to the health, safety, and general welfare of the City in general.

N. In exchange for the benefits to City listed herein, City agrees to take those actions required to facilitate Owner’s development of the Project, including the approval, adoption, or issuance of necessary development permits and the future ministerial approval of any additional building plans, building permits, occupancy permits, and other such permits necessary to implement the Project (“Ministerial Approvals”) which are consistent with this Agreement.

O. It is the intent of the Parties that all acts referred to in this Agreement shall be accomplished in such a way as to fully comply with the California Environmental Quality Act (“CEQA”), state law governing adoption of development agreements, the Thousand Oaks Municipal Code, City’s Development Agreement Ordinance, and applicable development entitlements.

P. This Agreement is made and entered into in consideration of the mutual covenants and in reliance upon the various representations and warranties contained herein. The Parties acknowledge that, in reliance on the agreements, representations, and warranties contained herein, Owner will take certain actions, including making substantial investments and expenditures of monies, relative to the Property and the development thereof.

Q. This Agreement will eliminate uncertainty in planning for and securing orderly development of the Project, provide certainty necessary for the Owner to make significant investments in public infrastructure, public gathering areas, and other improvements and public infrastructure, and other improvements, assure the timely and progressive installation of necessary improvements and public services, establish the orderly and measured build-out of the Project consistent with the vision of City’s Specific Plan No. 22 and will provide public benefits to City it would not be entitled to absent this Agreement. All such public improvements or projects are beneficial to the health, safety, and general welfare of the City in general.

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R. The terms of this Agreement support a vital and important interest of City by ensuring the development is consistent with the General Plan, Specific Plan No. 22 and the upgrading of City infrastructure and improvements.

S. In exchange for the benefits to City, Developer desires to receive the General Plan Amendment and other Project Approvals to permit mixed use on the Property, the designated number of residential units allocated for the Project, assurance that it may proceed with the Project in accordance with the Project Approvals and existing land use ordinances and development standards in effect on the Agreement Date, subject to the terms and conditions contained in this Agreement and, to secure the benefits afforded Developer by Government Code §65864 et seq., and the City’s Development Agreement Ordinance.

T. For the foregoing reasons, Owner, and the City (each individually, a “Party” and, collectively, the “Parties”) desire to enter into a development agreement for the Project pursuant to the Development Agreement Act and other applicable laws upon the terms and conditions set forth herein and, in the exhibits, attached hereto.

A G R E E M E N T
NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants contained in this Agreement as well as in consideration of the mutual promises and covenants herein contained and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:

1. Definitions

1.1. “Agreement” means this Development Agreement, identified as City of Thousand Oaks Development Agreement No. 2021-70399.

1.2. “Agreement Date” means the date this Agreement is executed by both City and Owner.

1.3. “Agreement Effective Date” is the date on which this Agreement is attested by the City Clerk of the City after execution by Owner and Mayor of the City.

1.4. “Applicable Rules and Laws” means the City’s rules, regulations, ordinances, and official policies in force and effect as of the Agreement Effective Date governing permitted uses of the land, the density or intensity of use, the maximum height and size of proposed buildings, parking requirements, setbacks, development standards, the provisions for reservation or dedication of land for public purposes, as well as those rules and laws governing design, improvement, and construction standards, specifications, policies and guidelines applicable to development of the Property, including the General Plan, as amended by the General Plan Amendment, and Specific Plan No. 22, and unless otherwise provided by this Agreement or the Project Approvals.

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1.5. “CEQA” means the California Environmental Quality Act and any state and local rules, regulations or guidelines adopted pursuant thereto.

1.6. “City” means the City of Thousand Oaks, California.

1.7. “Development Agreement Ordinance” means Title 9, Chapter 11 of the Thousand Oaks Municipal Code wherein City has set forth the procedures and requirements for consideration and administration of development agreements.

1.8. “Development Fees” means any monetary fee or exaction other than a tax or special assessment that would be charged by a local government agency pursuant to Government Code Section 66000, et seq., to a project applicant in connection with new development for the purpose of defraying all or a portion of the cost of public facilities related to the new development, including without limitation, fees for utility construction, use, linkage or connection fees; public transit; traffic improvement and operations and any other traffic-related fees; affordable housing; sustainability or green initiatives; capital facilities; police and fire; parks; libraries; and other exactions, assessments, fair share charges or other similar impact fees or charges imposed on and in connection with new development.

1.9. “Future Development Entitlements” means all necessary City discretionary approvals (including conditions of approval) for the development of the Project that are not addressed in this Agreement and that must be consistent with the current General Plan and Zone Change Ordinance for the Project Site, the Applicable Laws, and this Agreement.

1.10. “General Plan” means the General Plan of the City.

1.11. “Low Income Households” means household at or below 80 percent of the Area Median Income. Refer to the 2022 Ventura County Income Limits chart attached hereto as Exhibit F and future amendments and revisions thereto.

1.12. “Measure E Residential Capacity” means the citywide residential units available for reallocation to a proposed development project pursuant to Section 9-

2.203 of City’s Municipal Code.

1.13. “Ministerial Approvals” means the non-discretionary City permits and approvals necessary for the development of the proposed Project as required by the Applicable Laws or State law, including but not limited to approval of building plans, final map, building permits, occupancy permits, and other similar types of permits necessary to implement the Project. Notwithstanding the foregoing, Ministerial Approvals may be processed and approved in accordance with amended versions of the Applicable Laws upon Owner’s request and in Owner’s sole discretion.

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1.14. “Moderate Income Households” means household at or below 120 percent of the Area Median Income. Refer to the 2022 Ventura County Income Limits chart attached hereto as Exhibit F and future amendments and revisions thereto.

1.15. “Owner” or “Developer” means IMT Capital V Hampshire, LLC, and each and all of their respective transferees, partners, successors, and assigns, whether voluntary or involuntary.

1.16. “Processing Fees” means fees and charges (i) adopted by the City for the purpose of defraying the City’s reasonable costs incurred or to be incurred in the processing and administration of any form of permit, license, or land use entitlements, or (ii) imposed by the City to defray the costs of periodically updating its plans, policies, and procedures, including but not limited to, the fees and charges referred to in Government Code Section 66014.

1.17. “Project” means the proposed development of the Property in accordance with the Project Approvals, this Agreement, and the conditions of approval and mitigation measures adopted as part of this Agreement.

1.18. “Project Approvals” means those discretionary City permits and approvals, including those listed in Recital H of this Agreement (including conditions of approval), necessary for the development of the proposed Project consistent with the needed General Plan amendment and Zone Change for the Project Site, the TOMC and other Applicable Laws in effect on the Agreement Effective Date, any amendment to such permit or approval allowed by the TOMC and this Agreement.

1.19. “Property” is that certain real property located within the City of Thousand Oaks at 325 and 391 Hampshire Road, Thousand Oaks, California 91362, APN 676-0-150-375 and as more particularly described in Exhibit A attached hereto. The Property may also be referred to from time to time herein as the “Project Site.”

1.20. “Reserved Powers” means the rights and authority expected from this Agreement’s restriction on the City’s police powers and which are instead reserved to the City. The Reserved Powers include (a) the powers to enact regulations or take future Discretionary Actions after the approval of the Project Approvals that may be in conflict with the Applicable Rules and Project Approvals, but (i) are necessary to protect the public health and safety, and are generally applicable on a citywide basis (except in the event of natural disasters as found by City Council such as floods, earthquakes, pandemics and similar acts of God), (ii) are necessary to comply with State or federal laws and regulations (whether enacted previous or subsequent to the final administrative approval of the Project Approvals), or (iii) constitute Processing Fees and charges imposed or required by the City to cover its actual costs in processing applications, permit requests and approvals of the Project or in monitoring compliance with permits issued or approvals granted for the performance of any conditions imposed on the Project, unless otherwise waived in writing by the City, and (b) the power to enact and amend the Building Codes.

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1.21. “Term” means the period of time for which this Agreement shall be effective in accordance with Section 3 below.

2. Exhibits. The following documents are referred to in this Agreement, attached hereto and made a part hereof by this reference.

Exhibits Designation Description
A Legal Description of Property
B Site Plan
C Project Plan Set dated May 3, 2022
D Conditions of Approval
E Green Initiative Outline for T.O. Ranch
F 2022 Ventura County Income Limits
Chart

3. Agreement Effective Date and Term.

3.1. Agreement Term. This Agreement shall become effective (“Agreement Effective Date”) as set forth in Subsection 1.3 above. Unless extended by mutual written agreement of the Parties, this Agreement shall expire and be of no further force or effect on the earlier of seven (7) years from the Agreement Effective Date (“Term”) or the date on which the City issues a Certificate of Occupancy or approves final permits to allow occupancy of buildings for the Project. The term may be terminated, modified, or extended by mutual consent in writing of the Parties with good cause, not to be unreasonably withheld by the City. Owner intends to submit plans for building permits within the first year of the Term, subject to unforeseen delays and the Parties will act in good faith to move the project forward through construction and completion in a time efficient manner.

3.2. Expiration of Term. Following the expiration of the Term, this Agreement shall terminate and be of no further force and effect, except with respect to terms and provisions that expressly survive the termination of this Agreement. If this Agreement is terminated because the City has issued a Certificate of Occupancy or otherwise issued final occupancy permits for the entire Project, then Owner’s obligations to make any Public Benefit Payments or provide the Public Benefits as identified in Section 6.1, below, shall survive such termination until the obligation has been completely satisfied. In the event the Project Approvals are challenged the Term is tolled through the duration of the litigation. All Project Approval expiration dates will extend through the term of the Agreement.

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4. State Enabling Statute. To strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted the Development Agreement Act which authorizes any city to enter into binding development agreements establishing certain development rights in real property with persons having legal or equitable interest in such property. Section 65864 of the Development Agreement Act expressly provides as follows:
“The Legislature finds and declares that:
(a) The lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of housing and other development to the consumer, and
discourage investment in and a commitment to
comprehensive planning which would make maximum
efficient utilization of resources at the least economic cost to the public.
(b) Assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules, and regulations, and subject to conditions of approval will strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic cost of development.”
Notwithstanding the foregoing, to ensure that the City remains responsive and accountable to its residents while pursuing the benefits of development agreements contemplated by the Legislature, the City: (1) accepts restraints on its police powers contained in development agreements only to the extent and for the duration required to achieve the mutual objectives of the Parties as permitted hereunder; and (2) to offset controls and conditions imposed on development project applications.

5. Purpose of this Agreement.

5.1. Public Benefits. This Agreement provides assurances that the public benefits identified in Section 6.1, below, will be achieved in accordance with the Applicable Rules and Project Approvals and with the terms of this Agreement and subject to the City’s Reserved Powers;

5.2. Developer Objectives. In accordance with the legislative findings set forth in the Development Agreement Act, and with full recognition of the City’s policy of judicious restraints on its police powers, Developer wishes to obtain reasonable assurance that the Project may be developed in accordance with the Applicable Rules, the Project Approvals, and other Discretionary Actions and with the terms of this Agreement, but subject to the City’s Reserved Powers. In the absence of this Agreement, Item No. 8A
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Developer would have no assurance that it can complete the Project with the parcelization, uses and to the density and intensity of development (including, without limitation, the location and number of improvements, proposed height and building limits (e.g., maximum density, maximum floor area, etc.) and the provisions of open space, vehicular access, and parking set forth in this Agreement, the Project Approvals, and other Discretionary Actions. This Agreement, therefore, is necessary to assure Developer that, except as otherwise expressly provided in this Agreement, the Project will not be (a) reduced or otherwise modified in density, intensity or use from what is set forth in the Project Approvals and other Discretionary Actions, (b) “subjected to new rules, regulations, ordinances or official policies or plans that are not adopted or approved pursuant to the City’s Reserved Powers or (c) subjected to unreasonable delays for reasons other than Citywide health and safety enactments related to force majeure events such as, but not limited to, floods, earthquakes, pandemics, labor shortages and similar acts of God.

5.3. Mutual Objectives. Development of the Project in accordance with this Agreement will provide for the orderly development of the Property in accordance with the policies and objectives set forth in the General Plan, as amended by the General Plan Amendment. Moreover, this Agreement will eliminate uncertainty in planning for and securing orderly development of the Property, assure installation of necessary improvements for, and other features of, the Project reflected in the Project Approvals, assure attainment of maximum efficient resource utilization within the City at the least economic cost to its citizens and otherwise achieve the goals and purposes for which they Development Agreement Act was enacted. The Parties believe that such orderly development of the Project will provide public benefits to the City through the imposition of development standards and requirements under this Agreement, including without limitation increased tax revenues, installation of onsite and offsite improvements, creation and retention of jobs, and the development of an aesthetically attractive Project, as well as the public benefits described in Section 6.1, below. In addition, although development of the Project in accordance with this Agreement will restrain the City’s land use or other relevant police powers, this Agreement provides the City with sufficient reserved powers during the Term hereof to remain responsible and accountable to its residents. In exchange for these and other benefits to the City, Developer will receive assurance that the Project may be developed during the Term of this Agreement in accordance with the Applicable Rules, Project Approvals and other Discretionary Actions, and the Reserved Powers, subject to the terms and conditions of this Agreement.

5.4. Applicability of the Agreement. This Agreement does not (a) grant height, density or intensity in excess of that otherwise established in the Applicable Rules and the Project Approvals; (b) eliminate future Discretionary Actions relating to the Project if applications requiring such Discretionary Action are initiated and submitted by the Owner of the Property after the Effective Date of this Agreement; (c) guarantee that Developer will receive any profits from the Project; (d) prohibit the Project’s participation in any benefit assessment district that is generally applicable to surrounding properties; (e) amend the General Plan or Specific Plan No. 22, or (f) amend the City’s Planning and Zoning Code (Title 9). This Agreement has a fixed Term. Furthermore, in any subsequent Item No. 8A
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Discretionary Actions applicable to the Property, the City may apply such new rules, regulations and official policies as are contained in its Reserved Powers.

6. General Acknowledgement. This Agreement is entered into for the purpose of permitting the development of the Property in a manner that will assure certain anticipated benefits to both City and Owner as set forth in this Section.

6.1. Benefits to City and Obligations of Owner. The benefits to City (including, without limitation, the residents of City) and obligations of Owner under this Agreement include, but are not limited to:

6.1.1. Construction of the Project in a maximum of two phases which increases residential stock in the City by adding up to 370 market rate apartments with a mix of unit types;

6.1.2. Provision for Fifty (50) affordable to Low Income Households apartment units in the podium buildings made up of 20 two-bedroom units, 26 onebedroom units, and 4 studio units;

6.1.3. Provision for four (4) Moderate Income Household apartment units which is defined as a household at or below 120 percent of the Area Median Income.

The Project’s Moderate Income Household units shall comprise of two (2) studio and two (2) one-bedroom units;

6.1.4. Removal of non-conforming uses and blighted structures, and replacement with conforming mixed-use residential and commercial uses and structures;

6.1.5. Construction of a commercial retail and restaurant uses with parking and various amenities;

6.1.6. Publicly accessible exterior plazas and open spaces with a dog park, pocket parks and pathways as generally shown on Exhibits B and C equating to approximately 124,170 or 59% of the total building footprint square footage, including two large exterior public plazas with a minimum dimension of 20 feet;

6.1.7. Provision of necessary fees, dedications and public improvements that will provide benefits for the community;

6.1.8. Approximately 4,000 square feet of work/share space;

6.1.9. Enhanced architectural design with appropriate massing and scale, extensive articulation, glazing, and extensive detailing with upgraded materials;

6.1.10. Undergrounding of overhead electrical and other lines and removal of up to four (4) power poles along Foothill Drive; Item No. 8A
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6.1.11. Integrate sustainable features including but not limited to rooftop solar farm and EV charging stations. Additionally, 5% of the total parking spaces (40 spaces) will be equipped with EV chargers on the first day the apartments are approved to be occupied. 30% of the parking spaces (240 spaces) will be Future EV Ready. The combination of EV Ready and Future EV ready equates to 35% of the total 802 parking spaces. Owner will also be installing all electric appliances for all 420 residential units, and a dedicated car sharing program, all which go beyond Title 24 requirements. Exhibit E is attached which outlines the green initiatives vision for T.O.

Ranch;

6.1.12. Seven (7) live/work units which results in the Project providing vehicular trip reduction benefits as a result of the dedication of live/work units and work share space for use by the residents of T.O. Ranch. In addition, onsite retail and restaurants will also result in fewer vehicle miles traveled thereby reducing air, noise, and traffic impacts on the community at-large;

6.1.13. Owner’s agreement to construct a lecture room / tutoring center in the residential amenity space with a dedication to allow the space to be used for school tutoring for children residing at T.O. Ranch.

6.2. Benefits to Owner and Obligations of City. Owner will expend time and money in constructing public improvements and facilities in connection with the Project, and thus the vested rights provided by this Agreement will be of considerable benefit to Owner. The benefits to Owner and obligations of City also include the following:

6.2.1. City’s adoption of a General Plan amendment, Zone Change and Specific Plan and approval of the other Project Approvals to provide for mixed use including retail, restaurants, and residential units on the property, which significantly enhances the value of the Property;

6.2.2. Consistent with California Government Code Section 65915, the City’s approval of 91 “density bonus” market rate units above and beyond the 329 base density units permitted by the General Plan’s 30 dwelling units per acre limitation, in exchange for 50 affordable units reserved for Lower Income Households (i.e., 15% of the 329 base density units);

6.2.3. City’s adoption of a General Plan amendment that provides for commercial/retail uses as detailed in the attached exhibits;

6.2.4. City’s guarantee that certain Processing Fees and Development Fees related to development of the Property will not increase during the term of the Agreement;

6.2.5. City’s agreement to allow Owner to defer payment of City Development Fees for up to twenty-four (24) months from the Agreement Effective Date; Item No. 8A
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6.2.6. City’s agreement to allow Owner to have all applications for City entitlements processed in accordance with the Project Approvals and Applicable Laws during the Term of this Agreement. All Project Approvals will last for the Term of the Agreement unless terminated by mutual consent or pursuant to the rights and authority provided for under this Agreement;

6.2.7. City’s agreement to not change the existing zoning and General Plan designations of the Property without Owner’s consent during the Term of this Agreement; and

6.2.8. City’s assurance that any permits for the Project as described herein for which owner has submitted plans entitled “Project Plans” (attached as Exhibit F) will be processed expeditiously and assigned a dedicated City planner.

7. Project Development

7.1. Project Description and Binding Covenants. The Property is that property described in the attached Exhibits A and B which include a map showing its location and boundaries. The Property is commonly described as located at 325 and 391 Hampshire Road, Thousand Oaks, California A.P.N.s 676-0-150-375, -365 and -285.

Owner represents that it has a legal or equitable interest in the Property and that all other persons holding legal or equitable interests in the Property (excepting owners or claimants in easements) agree to be bound by this agreement. The Parties intend and determine that the provisions of this Agreement shall constitute covenants which shall run with said Property, and the burdens and benefits hereof shall bind and inure to all successors in interest to the Parties hereto.

7.2. General Development. Any development of the Project on the Property shall be conducted in accordance with the terms and conditions of this Agreement and attached exhibits.

7.3. Ministerial Approvals. City hereby agrees that Ministerial Approvals for the Project will be approved in a manner consistent with the Project Approvals and Applicable Laws, provided that Owner satisfactorily complies with all preliminary procedures, actions, payments, criteria, and regulations applicable as of the Agreement Effective Date and generally required of developers by City for processing applications for developments at such time.

7.4. CEQA Compliance. The City Council approved the current General Plan Land Use Element designation and zoning for the Property after considering the information and findings of the Environmental Checklist for this Project and EIR No. 2021- 70442. The Project is subject to all applicable mitigation measures and project design features as described in EIR No. 2021-70442.

7.5. Permitted Uses and Development Standards. In accordance with and subject to the terms and conditions of this Agreement, Developer shall have a vested Item No. 8A
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right to develop the Property for the uses and in accordance with and subject to the terms and conditions of this Agreement, the Project Approvals, the Future Development Entitlements (if and when approved), Ministerial Approvals (if and when approved), any amendments to the foregoing approved by the City, and, to the extent not addressed in the foregoing, the Applicable Laws, the exhibits attached hereto and incorporated herein by reference, and any amendments to the Project Approvals or Agreement as may, from time to time, be approved pursuant to this Agreement.

7.6. Owner to Build Approved Project. Owner hereby agrees that development of the Project shall be in accordance with the Project Approvals, including the conditions of approval and the mitigation measures and project design features for the Project as adopted by City, any amendments to the Project Approvals or Agreement as may, from time to time, be approved pursuant to this Agreement, the Future Development Entitlements (if and when approved), Ministerial Approvals (if and when approved), any amendments to the foregoing approved by the City, and, to the extent not addressed in the foregoing, the Applicable Laws. Nothing in this Section shall be construed to restrict the ability to make minor changes and adjustments in accordance with Subsection 10.2. Notwithstanding the foregoing, nothing in this Agreement shall require Owner to construct the Project or pay fees for any portion of the Project that Owner does not construct.

7.7. Timing of Development. The California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal.3d 465 (1984), that failure of the parties in that case to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over the parties’ agreement. It is the intent of Developer and the City to cure that deficiency by expressly acknowledging and providing that any future City action that purports to limit over time the rate or timing of development or to alter the sequencing of development phases (whether adopted or imposed by the City Council or through the initiative or referendum process) shall not apply to the Project and shall not prevail over this Agreement. In particular, but without limiting any of the foregoing, no numerical restriction shall be placed by the City on the amount of total square feet or the number of buildings, structures, residential units that can be built each year on the Property except as expressly provided in this Agreement.

The Project shall be completed within the Term unless extended pursuant to this Agreement. Owner intends to submit plans for building permits within the first year of the Term, subject to unforeseen delays.

8. Rules, Regulations, and Fees.

8.1. Main Rules, Regulations, Ordinances and Policies. For the Term of this Agreement, the rules, regulations, ordinances and official policies governing the permitted uses of land, the density and intensity of use, phasing, design, improvement and construction standards and specifications applicable to the development of the Property, including the maximum height and size of proposed buildings, shall be the Applicable Laws, the Project Approvals, Conditions of Approval (Exhibit D), the Future Development Entitlements (if and when approved), Ministerial Approvals (if and when Item No. 8A
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approved), any amendments to the foregoing approved by the City, and Project Plan Set dated May 3, 2022 (Exhibit C). Except as otherwise provided in this Agreement, to the extent any future changes in the General Plan, zoning codes or any future rules, ordinances, regulations, or policies adopted by the City purport to be applicable to the Property but are inconsistent with the terms and conditions of this Agreement, the terms of this Agreement shall prevail, unless the Parties mutually agree to amend or modify this Agreement.

8.2. Changes in State and Federal Rules and Regulations. Nothing in this Agreement shall preclude the application to the development of the Property of changes in City’s laws, regulations, plans, or policies, the terms of which are specifically mandated and required by changes in state and federal laws or regulations as provided in Government Code Section 65869.5. This includes, but is not limited to, the California Building Code, California Fire Code, California Mechanical Code, California Plumbing Code, California Residential Code, California Green Building Standards Code, and California Energy Code all of which have also been adopted in the TOMC. In the event State or federal laws or regulations enacted after the Agreement Date prevent or preclude compliance with one or more provisions of this Agreement or require changes in plans maps or permits approved by the City, this Agreement, or portions thereof, may be modified, extended, or suspended as may be necessary to comply with such State or federal laws or regulations or the regulations of such other governmental jurisdiction.

8.3. No City Liability for Federal or State Actions Affecting Project. To the extent that any actions of federal or state agencies (or actions of regional and local agencies, including City, insofar as they are required by said federal or state agencies) have the effect of preventing, delaying, or modifying development of the Property, City shall not in any manner be liable for any such prevention, delay, or modification of said development or for costs incurred by Developer in complying with such actions. To the extent possible, in the event of any ambiguity, any such regulations shall be applied and construed so as to provide the Owner with the rights and assurances provided under this Agreement.

8.4. Development Impact Fees and Public Benefit Program Cash Contribution. All City Processing Fees and Development Fees to Owner for the Project shall be at the rates in effect on the Agreement Effective Date. Fees payable directly to, or collected by City for payment on behalf of, other public agencies, including but not limited to the State of California, County of Ventura, Ventura County Watershed Protection District, Calleguas Municipal Water District, Conejo Recreation and Park District, and Conejo Valley Unified School District, are not subject to the limitation set forth herein. Any fees, charges, taxes, assessments, or levies (including, but not limited to, those for water and wastewater usage, and landscape and lighting assessments) other than Processing Fees and Development Fees that are revised or adopted on a Citywide or regional or communitywide basis during the term of this Agreement shall apply to the Property. Owner shall be entitled to fee credits where Owner demonstrates credits should be applied.

Item No. 8A
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8.5. Health and Safety Exception. Nothing herein shall be construed to limit the authority of City to adopt and apply codes, ordinances and regulations which have the legal effect of protecting persons or property from conditions which create a serious and imminent health, safety, or physical risk. To the extent possible, any such codes, ordinances, and regulations shall be applied and construed so as to provide the Owner with the rights and assurances provided under this Agreement.

8.6. Uniform Codes Applicable. All project construction, grading, and building plans for the Project shall comply with the uniform codes, construction standards and specifications in effect at the time the construction and improvements plans are approved, including those standards and specifications set forth in the California Building Code, California Fire Code, California Mechanical Code, California Plumbing Code, California Residential Code, California Green Building Standards Code, and California Energy Code all of which have also been adopted in the TOMC.

8.7. Future Development Entitlements. City agrees to cooperate with Owner to facilitate the processing of and to expeditiously process all Future Development Entitlements and City shall exercise its discretion in a manner consistent with and in recognition of this Agreement, the Project Approvals, the Applicable Laws, and other approved documents associated with this Agreement. City and Owner shall meet to identify all necessary Future Development Entitlements and to develop a schedule processing them. City and Owner agree to cooperatively work together to ensure timely review and processing of the Future Development Entitlements.

9. Relationship of Parties. The contractual relationship between City and Owner is independent and under no circumstances shall Owner be considered an agent or partner of City.

10. Amendments and Cancellation of Agreement. This Agreement may be amended in whole or in part only in writing and only by the mutual consent of the Parties.

Amendments shall be processed either as Major Amendments or Minor Amendments, as defined and set forth below in Subsections 10.1 and 10.2.

10.1. Major Amendments. Amendments to this Agreement which affect or relate to (a) the Term of this Agreement; (b) the permitted uses of the Property; (c) the provisions for the reservation or dedication of land; (d) an increase in the density or intensity of use of the Property or the maximum height or maximum gross square footage; (e) changes to the percentage of commercial uses to residential use; or (f) changes to the community benefits affecting the total monetary contributions by Developer, shall be deemed a “Major Amendment” and shall require giving of notice and a public hearing before the Planning Commission and the City Council in accordance with Government Code Section 65868 and TOMC Section 9-11.14(a). Any amendment which is not a Major Amendment shall be deemed a Minor Amendment subject to Subsection 10.2 below.

Consistent with Sections 10.1 and 10.2, the City Manager or his or her designee shall have the discretionary authority to determine if any amendment is a Major Amendment Item No. 8A
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subject to this Section or a Minor Amendment subject to Subsection 10.2 below. Said determination may be appealed to the City Council.

10.2. Minor Amendments. The Parties acknowledge that refinement and further implementation of the Project may demonstrate that certain minor changes may be appropriate with respect to the details of the development and performance of the Parties under this Agreement, Minor changes include any modification to the Project that is substantially consistent with the intent of the Project Approvals and does not involve any deviation from the Specific Plan No. 22 or Applicable Laws. The Parties desire to retain a certain degree of flexibility with respect to the details of the Project and with respect to those items covered in the general terms of this Agreement. If and when the Parties find that clarifications, minor changes, or minor adjustments are necessary or appropriate and do not constitute a Major Amendment under Subsection 10.1, they shall effectuate such clarifications, minor changes or minor adjustments through a written Minor Amendment approved in writing by Owner and the City Manager. Minor amendments authorized by this subsection are ministerial and may not constitute a discretionary action or “amendment” for the purposes of Government Code Sections 65867, 65867.5, and 65868. Unless otherwise required by law, no such Minor Amendment shall require prior notice or hearing.

11. Cancellation and Termination. This Agreement may be canceled, in whole or in part, by mutual consent of the Parties in the manner provided for in Government Code Section 65868 and TOMC Section 9-11.14. Any termination under Government Code Section 65865.1 or TOMC Section 9-11.14(b) shall be effective only if Owner is provided no less than thirty (30) days in which to cure any alleged noncompliance, provided that City shall not terminate this Agreement pursuant to Section 65865.1 or Section 9-11.14(b) if City determines that the nature of the noncompliance requires more than thirty (30) days to cure and that Owner is capable of effecting such cure, and within such thirty (30) days Owner commences such cure and thereafter diligently and with continuity prosecutes such cure to completion. Any termination of this Agreement pursuant to Government Code Section 65865.1 or TOMC Section 9-11.14(b) shall be preceded by an opportunity for Owner to be heard before the City Council. This provision shall not limit City’s or Owner’s remedies as provided in this Agreement.

12. Enforcement. Unless canceled or terminated as provided herein, this Agreement is enforceable by City, Owner, or any successor in interest, notwithstanding any change in any applicable General or specific plan, zoning, or subdivision regulation adopted by City or otherwise imposed which alters or amends the rules, regulations or policies specified in this Agreement.

13. Periodic Review of Compliance with Agreement.

13.1. Periodic Review. City may review compliance with this Agreement every twelve (12) months from the date this Agreement is executed unless a shorter time is specified by the City Council. City shall notify Owner in writing of the date for review at least thirty (30) days prior thereto, and Owner shall provide such information as City may Item No. 8A
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require so City may properly perform the review. The City shall conduct any such annual review to determine whether Developer is acting in good-faith compliance with the provisions of this Agreement in accordance with Section 65865.1 of the California Government Code. Developer shall reimburse the City for the cost of each annual review conducted during the term of this Agreement. Such cost reimbursement shall include all direct and indirect expenses actually incurred in such annual reviews, provided that such cost shall be generally consistent with the cost changed for annual reviews for other development agreements to which the City is a party.

13.2. Good Faith Compliance. During each periodic review, Owner shall be required, in accordance with TOMC Section 9-11.13, to demonstrate by substantial evidence good faith compliance with the terms and conditions of this Agreement.

14. Events of Default.

14.1. Defaults by Owner. If City determines that Owner is in default under the terms and conditions of this Agreement, City shall, by written notice to Owner, specify the manner in which Owner is in default and state the steps Owner must take to comply.

If, within thirty (30) days after the effective date of notice from City specifying the manner in which Owner has failed to so comply, Owner does not commence all steps reasonably necessary to comply as required and/or thereafter diligently and with continuity pursue such steps to cure the default, then Owner shall be deemed to be in default under the terms of this Agreement and City may seek to terminate this Agreement providing Owner an opportunity to be heard before the City Council in accordance with Government Code Section 65865.1 and TOMC Section 9-11.14(b), or seek other remedies as set forth in this Agreement.

14.2. Defaults by City. If Owner determines that City is in default under the terms and conditions of this Agreement, Owner shall, by written notice to City, specify the manner in which City is in default and state the steps City must take to comply. If, within thirty (30) days after the effective date of notice from Owner specifying the manner necessary to comply as required and/or thereafter diligently and with continuity pursue such steps to completion, then City shall be deemed to be in default under the terms of this Agreement and Owner may terminate this Agreement or seek other remedies as set forth in this Agreement.

14.3. Failure to Cure Default Procedures. If after the cure period has elapsed, the Director finds and determines that Owner remains in default, the Director shall make a report to the City Council and then set a public hearing in accordance with the notice and hearing requirements of Government Code Section 65867 and 65868. If, after public hearing, the City Council finds and determines, on the basis of substantial evidence that the Owner has not cured the applicable default pursuant to this Section, City Council may terminate the Agreement and seek all remedies permitted under law.

14.4. No Monetary Damages. It is acknowledged by the Parties that neither the City nor Owner would have entered into this Agreement if it were liable in Item No. 8A
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monetary damages under or with respect to this Agreement or the application thereof.

The Parties agree and recognize that, as a practical matter, it may not be possible to determine an amount of monetary damages that would adequately compensate Owner for its investment of time and financial resources in planning to arrive at the kind, location, intensity of use, and improvements for the Project, nor to calculate the consideration the City would require to enter into this Agreement to justify the exposure. Therefore, the Parties agree that each of the Parties may pursue any remedy at law or equity available for any breach of any provision of this Agreement, except that neither Party nor any Transferee shall be liable in monetary damages and the Parties covenant not to sue for or claim any monetary damages for the breach of any provision of this Agreement. The Parties understand and agree, however, that nothing in this Section 14.4 shall prohibit, restrict, or otherwise affect the rights of a Party to seek monetary damages as a result of Owner's failure to make the required Benefit Payments or pay to the City any other required payments under this Agreement. If Owner fails to make the Public Benefit Payments as required by this Agreement, the City shall be entitled to sue for the City's actual, direct monetary damages in the amount of such unpaid Benefit Payments. In no event shall either Party be entitled to special, consequential, or punitive damages or damages measured by lost profits.

14.5. Commencement of Legal Action. In addition to any other rights or remedies, either Party may initiate legal action to cure, correct, or remedy any default, to enforce any covenants or agreements herein, to enjoin any threatened or attempted violation hereof, to recover damages or any default, or to obtain any other remedies consistent with the purpose of this Agreement. Venue for such action shall be in Ventura County.

15. Waivers and Delay.

15.1. Waiver. Failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party, and failure by a Party to exercise its rights upon a default by the other Party hereto, shall not constitute a waiver of such Party’s right to demand strict compliance by such other Party in the future.

15.2. Third Parties. Non-performance shall not be excused because of a failure of a third person, except as provided in Subsection 15.4.

15.3. Covenant Not to Sue. Notwithstanding anything to the contrary in this Agreement, Developer hereby agrees that neither Developer nor any of its agents, employees, representatives, members, managers, officers, assigns, heirs and successors in interest shall commence, prosecute, assist, promote or encourage, financially or otherwise, either individually or in any collective way, either directly or indirectly, either on its own behalf or on behalf of any other person or entity, any arbitration, litigation or any other judicial proceeding of any kind, nature or description against or involving the City challenging that any applicable conditions, mitigation measures, obligations, requirements or restrictions contained in the Agreement violate any California statutory requirements, constitute an abuse of the police power, violate Item No. 8A
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substantive due process, deny equal protection of the laws, constitute or result in a taking of property without payment of just compensation, or impose an unlawful fee, or exaction or tax. Nothing in this Section shall prevent Developer from exercising its rights under Section 14, above, with respect to a default by the City.

15.4. Force Majeure. The Parties shall not be deemed to be in default of any provision of this Agreement where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, other Acts of God, fires, wars, riots or similar hostilities, pandemic, states of emergency, stay-at-home orders, strikes and other labor difficulties, or similar events and occurrences beyond the Parties’ control. If any such events shall occur, the terms of this Agreement and the time for performance by a Party of any of its obligations hereunder shall be extended by the period of time that such events prevented performance of the obligation. To assist the Parties in determining the period of time for excusable delay, the Parties may refer to federal, State, and local orders, including health orders, adopted by any of the various agencies that directly impact this Project and the Parties’ ability to either work on the Project or process permits.

15.5. Nexus/Reasonable Relationship Challenges. Notwithstanding Subsection 15.1, Owner consents to, and waives any rights it may have now or in the future to bring a nexus/reasonable relationship challenge relating to the legal validity of (1) the express conditions, requirements, policies, rules, regulations or programs required by City’s Applicable Laws, including City’s General Plan, TOMC, Subdivision Map Act regulations, Specific Plan No. 22, Residential Planned Development rules and regulations, and Oak/Landmark Tree Preservation rules and regulations as they exist on the Agreement Date as to the Project; or (2) this Agreement, including without limitation, any claim that the Agreement constitutes an abuse of the police power, violates substantive due process, denies equal protection of the laws, constitutes or results in a taking of property without payment of just compensation, or imposes an unlawful fee, exaction, or tax.

15.6. Cooperation by Owner. Owner will, in a timely manner, provide City with all documents, applications, plans, and other information necessary for City to carry out its obligations hereunder, and cause Owner’s planners, engineers, and all other consultants to submit in a timely manner all required materials and documents, therefore.

Owner shall also apply in a timely manner for such other permits and approvals from other governmental or quasi-governmental agencies having jurisdiction over the Property as may be required for the development of the Project.

Item No. 8A
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16. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by certified mail, postage prepaid and email.

Notices required to be given to City shall be addressed as follows:

City of Thousand Oaks
2100 E. Thousand Oaks Boulevard
Thousand Oaks, California 91362
Attention: Community Development Director
Email: [email protected]
Notices required to be given to Owner shall be addressed as follows:

IMT Capital V Hampshire, LLC
15303 Ventura Boulevard, Suite 200
Sherman Oaks, CA 91403
Attention: John Tesoriero
Telephone: 818.784-4700
Email: [email protected]
With a copy to:

Thomas S. Cohen, Esq.

Cohen Land Use Law, LLP
1534 N. Moorpark Road, #337
Thousand Oaks, CA 91360
Email: [email protected]
Formal written notices, demands, correspondence and communications between City and Owner shall be sufficiently given if dispatched by certified mail, postage prepaid, to the principal office of City and Owner, as set forth in this Section. Owner shall give written notice to City, at least thirty (30) days prior to the close of escrow, of any sale or transfer of any portion of the Property and any assignment of this Agreement, specifying the name or names of the transferee, the transferee’s mailing address, the acreage and location of the land sold or transferred, and the name and address of a single person or entity to whom any notice relating to this Agreement shall be given, and any other information reasonably necessary for City to consider approval of an assignment pursuant to Section 16 or any other action City is required to take under this Agreement.

Any notice given as required, herein, shall be deemed given a seventy-two (72) hour notification after deposit in the United States mail, if sent by mail, or upon delivery if personally delivered. A Party may change its address for notices by giving notice in writing to the other Party as required, herein, and thereafter notices shall be addressed and transmitted to the new address.

Item No. 8A
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17. Cooperation in the Event of Legal Challenge.

17.1. Challenges to Agreement. In the event of any legal action instituted by a third party, including but not limited to any other governmental entity or official, challenging the validity of any provision of this Agreement, City and Owner hereby agree to use reasonable efforts to cooperate in defending such action. Each Party shall bear their own costs and attorney’s fees in defending any such third-party challenge to the Agreement, except that the Parties may by mutual written consent agree to joint legal representation in any such suit, the cost of which shall be equally shared between City and Owner. In the event of any litigation challenging this Agreement, or any portion hereof, this Agreement shall remain in full force and effect while such litigation, including any appellate review, is pending.

17.2. Challenges to Entitlements. In the event of any administrative, legal, or equitable action or other proceeding instituted by any person or entity not a party to the Agreement challenging any entitlement issued in reliance upon City approvals or challenging the sufficiency of any environmental review of this Project (each an “Entitlement Challenge”), each Party must cooperate in the defense of such Entitlement Challenge, in accordance with this Section. Owner agrees to pay City’s costs of defending an Entitlement Challenge, including all court costs and reasonable attorney’s fees incurred by City in defense of any Entitlement Challenge, as well as the time of the City’s staff spent in connection with such defense, and any costs and attorneys’ fees awarded against the City to a successful third party. Owner may select its own legal counsel to represent Owner’s interests in any Entitlement Challenge at Owner’s sole cost and expense. City agrees that it will not enter into a settlement agreement to any Entitlement Challenge without Owner’s written consent. Owner’s obligation to pay City’s costs in the defense of an Entitlement Challenge does not extend to those costs incurred on appeal filed by City as against a successful third party unless otherwise authorized by Owner in writing.

17.3. City’s Right to Independent Legal Evaluation. Nothing in this Section shall be construed as preventing City from independently evaluating its rights, obligations and causes of action in the event of litigation.

18. Transfers and Assigns.

18.1. Transfers in General. Owner shall have the right to sell, assign or transfer (collectively “transfer”) this Agreement, and any and all of its rights, duties and obligations hereunder, to any person or entity at any time during the term of this Agreement, provided, however, in no event shall the rights, duties and obligations conferred upon Owner pursuant to this Agreement be at any time so transferred to or assigned except through a transfer of Owner's interest in the Property or a portion thereof.

18.2. City Review of Proposed Transfer. Prior to any such proposed transfer, Owner shall provide a Notice of Transfer to City, including the name, net worth, and development experience of the transferee. Any such transfer to an entity whose Item No. 8A
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development experience confirms the transferee's ability to develop a project comparable in size and complexity to the Project shall be approved by the Community Development Director. Unless agreed to in writing, if Owner transfers the rights under the Agreement before the Project is completely constructed, the subsequent Owner will be required to build or complete the construction of the Project based on the architectural plans approved by City and under the same entitlement conditions previously approved, subject to any changes proposed consistent with subsections 10.1 and 10.2 above. The Director may require the submittal of reasonable documentation regarding the information provided relative to the proposed transferee. Any proposed transferee shall provide City all documents within fifteen (15) days from receipt of the Director’s request that support a finding transferee has the requisite experience and the financial stability to develop the Project or respective portion thereof. The Community Development Director may withhold approval of such transfer only if the proposed transferee fails to provide requested document to the Director in the time set forth above, the Director determines with reasonable discretion that the transfer would be to an entity that has not had experience developing projects of comparable size and complexity to the Project, or the entity does not have sufficient net worth and financial fitness to carry out the Project, provided that the Community Development Director's approval shall not be unreasonably withheld. City shall notify Owner in writing of the Community Development Director’s approval or disapproval of the transferee within thirty (30) days of City's receipt of Owner's Notice of Transfer and all supporting information requested by the Director regarding the proposed transferee. Failure by City to notify Owner within such thirty (30) day period shall constitute the Community Development Director's approval of such transferee. Owner shall have the right to appeal the determination of the Community Development Director to the City Council within ten days of the Director’s determination.

18.3. Transfer to Lender. Nothing contained in this Section 18 shall prevent a transfer of the Property, or any portion thereof, to an institutional lender as a result of a foreclosure or deed in lieu of foreclosure and any lender acquiring the Property, or any portion thereof, as a result of foreclosure or a deed in lieu of foreclosure shall take such Property subject to the rights and obligations of Owner under this Agreement; provided, however, that, in no event shall such lender be liable for any defaults or monetary obligations of Owner arising prior to acquisition of title to the Property by such lender and, provided further that, in no event shall any such lender or its successors or assigns be entitled to a building permit or occupancy clearance for which the applicable permits have not been issued and/or fees have not been paid to City.

18.4. Conditions of Transfer. The sale, transfer or assignment of Owner's rights and interests under this Agreement may be permitted only if (a) Owner is not then in default under this Agreement; (b) Owner has provided to City notice of such transfer; and (c) the transferee executes and delivers to City a written agreement in which (1) the name and address of the transferee is set forth; and (2) the transferee expressly and unconditionally assumes all the obligations of Owner under this Agreement with respect to the Property and Project or with respect to the portion of the Property and Project that is being transferred.

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18.5. Exceptions to Obtaining City Consent. Notwithstanding Subsection

18.4, mortgages, deeds of trust, sales and leasebacks or any other form of conveyance required for any reasonable method of financing are permitted without consent, but only for the purpose of securing loans of funds to be used for financing or refinancing the development and construction of improvements related to the Project and other necessary and related expenses. The holder of any mortgage, deed of trust or other security arrangement with respect to the Property, or any portion thereof, shall not be obligated under this Agreement to construct or complete improvements or to guarantee such construction or completion, but shall otherwise be bound by all of the terms and conditions of this Agreement. Nothing in this Agreement shall be deemed to construe, permit, or authorize any such holder to devote the Property, or any portion thereof, to any uses, or to construct any improvements thereon, other than those uses, and improvements provided for or authorized by this Agreement, subject to all of the terms and conditions of this Agreement.

18.6. Reorganization of Owner’s Business Structure Exception. Nothing in this Section shall be deemed to constitute or require City consent to an assignment that consists solely of a reorganization of the Developer’s business structure, such as (i) any sale pledge, assignment or other transfer of all or a portion of the Project Site to an entity directly controlled by Developer or its affiliates and (ii) any change in Developer entity form, such as a transfer from a corporation to a limited liability company or partnership, that does not affect or change beneficial ownership of the Project Site; provided, however, in such event, Developer shall provide to City written notice, together with such backup materials or information reasonably requested by City, within thirty (30) days following the date of such reorganization or City’s request for back up information, as applicable.

19. No Third-Party Beneficiaries. This Agreement is for the exclusive benefit of Owner and City and not for the benefit of any other party. There shall be no incidental or other beneficiaries of any of Owner’s or City’s obligations under this Agreement.

20. Severability. If any terms, provisions, conditions or covenants in this Agreement, or the application thereof to any Party or circumstances, shall to any extent be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms, provisions, conditions or covenants to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

21. Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. Venue shall be in Ventura County.

22. Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement.

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23. Rules of Construction and Miscellaneous Terms.

23.1. General/Mandatory/Permissive. The singular includes the plural; the masculine gender includes the feminine; “shall” is mandatory, “may” is permissive.

23.2. Time of Essence. Time is of the essence regarding each provision of this Agreement of which time is an element.

23.3. Cooperation. Each Party covenants to take such reasonable actions and execute all documents that may be necessary to achieve the purposes and objectives of this Agreement, provided City shall not be obligated to institute a lawsuit or other court proceeding in this connection.

23.4. Covenant of Good Faith and Fair Dealing. Neither Party shall do anything which shall have the effect of harming or injuring the right of the Party to receive the benefits of this Agreement; each Party shall refrain from doing anything which should render its performance under this Agreement impossible; and each Party shall do everything which this Agreement contemplates that such Party shall do in order to accomplish the objectives and purposes of this Agreement.

23.5. Estoppel Certificates. Either Party may, at any time, and from time to time, deliver written notice to the other Party requesting such Party to certify in writing that, to the knowledge of the certifying Party, (a) this Agreement is in full force and effect and a binding obligation of the Parties; (b) this Agreement has not been amended or modified or, if so amended or modified, identifying the amendments or modifications; and (c) the requesting Party is not in default in the performance of its obligations under this Agreement, or if in default, to describe therein the nature and extent of any such defaults.

The requesting Party may designate a reasonable form of certificate (including a lender’s form) and the Party receiving a request hereunder shall execute and return such certificate or give a written, detailed response explaining why it will not do so within fifteen (15) days following the receipt thereof. The City Manager, or his or her designee, shall be authorized to execute any certificate requested by Developer hereunder. Developer and City acknowledge that a certificate hereunder may be relied upon by tenants, transferees, investors, lenders, partners, bond counsel, underwriters, and other mortgagees. The request shall clearly indicate that failure of the receiving Party to respond within the fifteen (15) day period will lead to a second and final request and failure to respond to the second and final request within five (5) days of receipt thereof shall be deemed approval of the estoppel certificate. Failure of City or Developer to execute an estoppel certificate shall not be deemed a default.

23.6. Project Is Owner’s Undertaking. The development proposed to be undertaken by Owner is a private development, and Owner may exercise full dominion and control over the Project subject only to the limitations and obligations of Owner contained in this Agreement and the Project Approvals.

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23.7. Entire Agreement. This Agreement and any exhibits hereto or any amendments and addenda that may be executed in accordance with Section 10 herein contains the entire agreement between the Parties and any agreement or representation respecting the matters dealt with herein or the duties of any Party in relation thereto not expressly set forth in this Agreement shall be null and void.

23.8. Recitals. The Recitals set forth in this Agreement are specifically incorporated into and made a part of this Agreement.

24. Binding Effect of Agreement. Development of the Property is hereby authorized and shall be carried out only in accordance with the terms of this Agreement.

The Property and Owner are subject to each term, condition, and covenant of this Agreement.

25. Equitable Servitudes and Covenants Running with the Land. Any successors in interest to City and Developer shall be subject to the provisions set forth in Sections 65865.4 and 65868.5 of the California Government Code. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do, or refrain from doing, some act with regard to the development of the Property: (a) is for the benefit of and is a burden upon the Property; (b) runs with the Property and each portion thereof; and (c) is binding upon each Party and each successor in interest during ownership of the Property or any portion thereof.

Nothing herein shall waive or limit the provisions of Section 18, and no successor owner of the Property, any portion of it, or any interest in it shall have any rights except those assigned to the successor by the developer in writing pursuant to Section 18. In any event, no owner or tenant of an individual completed residential unit within Project shall have any rights under this Agreement.

26. Attorneys’ Fees. In the event of any action between the City and Owner for enforcement or interpretation of any of the terms or conditions of this Agreement, the prevailing party in such action shall be entitled to recover its reasonable costs and expenses, including without limitation court costs and attorneys’ fees actually and reasonably incurred, as awarded by a court of competent jurisdiction. This Section shall survive the termination of this Agreement.

27. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. This agreement, not counting the signature page, consists of 27 pages and 6 Exhibits.

28. Hold Harmless Agreement.

28.1. Duty to Hold Harmless, Defend and Indemnify. Excepting as to the extent any loss, property damage or injury arose from the City’s or the City’s officers’, agents’, employees’, or contractors’ breach of this Agreement, or their acts of negligence or willful misconduct, as determined by a court of competent jurisdiction, Developer Item No. 8A
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hereby agrees to defend, indemnify, and hold City, its elective and appointive boards, commissions, officers, agents and employees harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage arising from this Agreement or alleged to have been caused by Developer or Developer’s contractors, subcontractors, agents or employees operations under this Agreement, whether such operations be by Developer, or by any of Developer’s contractors, subcontractors, or by any one or more persons directly or indirectly employed by or acting as agent for Developer or any of Developer’s contractors or subcontractors.

Developer further agrees to defend, indemnify, and hold harmless the City and its officers and employees, from any third-party claim, action or proceeding against the City or its officers or employees to set aside, void, or annul, all or any part of this Agreement or any Project Approval.

In the event any claim, action, or proceeding is instituted against City, and/or its officers, agents, and employees, by any third party on account of the processing, approval, or implementation of the Project Approvals and/or this Agreement, then the Parties shall comply with Section 17. As an alternative to defending any such action, Developer may request that the City rescind any approved land use entitlement. The City will promptly notify Developer of any known claims, actions, or similar proceedings, and will cooperate fully in the defense thereof.

29. Prevailing Wages. Without limiting the foregoing, Owner acknowledges the requirements of California Labor Code §1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects, as defined. If on-site or offsite improvements pursuant to this Agreement are being performed by Developer as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation under the contract in question is $1,000 or more, Developer agrees to fully comply with such Prevailing Wage Laws. Developer understands and agrees that it is Developer’s obligation to determine if Prevailing Wages apply to work done on the Project or any portion of the Project. Upon Developer’s request, the City shall provide a copy of the then current prevailing rates of per diem wages.

Developer shall defend, indemnify, and hold the city, its elected officials, officers, employees, and agents free and harmless pursuant to the indemnification provisions of this Agreement from any claim or liability arising out of any failure or alleged failure by Developer to comply with the Prevailing Wage Laws associated with any “public works” or “maintenance” projects associated with Project development.

30. Recordation.

30.1. This Agreement and any amendment or cancellation hereof shall be recorded in the Official Records of Ventura County by the Clerk of City within ten (10) days after the Agreement Effective Date and within ten (10) days after any amendment or cancellation hereof. Failure to timely record the Agreement shall not constitute a default or invalidate the Agreement.

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IN WITNESS WHEREOF, this Agreement is entered into by the parties hereto and made effective as of the Effective Date set forth hereinabove.

CITY OF THOUSAND OAKS,
a municipal corporation
By: __________________________________
Mayor
ATTEST:
_____________________
City Clerk
APPROVED AS TO FORM:
______________________
City Attorney
“OWNER”

IMT CAPITAL V HAMPSHIRE, LLC

By: __________________________________

Name: _______________________________
Title: _________________________________
Acknowledgements on following pages.

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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA

COUNTY OF
On , , before me,
(here insert name and title of the officer)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
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STATE OF CALIFORNIA

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
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EXHIBIT “A”
Legal Description of Property
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EXHIBIT “B”
Site Plan
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EXHIBIT “C”
Project Plan Set dated May 3, 2022
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EXHIBIT “D”
Conditions of Approval
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EXHIBIT “E”
Greens Initiative Outline for T.O. Ranch
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EXHIBIT “F”
2022 Ventura County Income Limits Chart
Item No. 8A

CITY OF THOUSAND OAKS

PLANNING COMMISSION
RESOLUTION NO. 07-2022 PC

A RESOLUTION OF THE PLANNING COMMISSION

OF THE CITY OF THOUSAND OAKS

RECOMMENDING ADOPTION AND

CERTIFICATION OF AN ENVIRONMENTAL IMPACT

REPORT, A GENERAL PLAN AMENDMENT, ZONE

CHANGE, SPECIFIC PLAN, DEVELOPMENT
AGREEMENT, DEVELOPMENT PERMIT; LOT LINE

ADJUSTMENT, PROTECTED TREE PERMIT TO
CITY COUNCIL; FOR THE USE OF CERTAIN

PROPERTY WITHIN SAID CITY
Applications. Environmental Impact Report (EIR) 2021-70442; General Plan Amendment (LU) 2021-70215; Zoning Change (Z) 2021-70216; Specific Plan (SP) 2021-70397; Development Agreement
(DAGR) 2021-70399; Development Permit (DP) 2021-70214; Lot Line Adjustment (LLA) 2021-70398; and Protected Tree Permit (PTP) 2021-70400
Applicant: IMT Capital V Hampshire, LLC
Location: 325 and 391 Hampshire Road
Assessor's Parcel Numbers (APNs): 676-0-150-375 and 365 SECTION 1
The Planning Commission of the City of Thousand Oaks, California, DOES RESOLVE AS FOLLOWS:

WHEREAS, the applicant has filed with this Commission a petition under the provisions of the City of Thousand Oaks Municipal Code requesting the following:

1. EIR 2021-70442: Consider the Final Environmental Impact Report, Mitigation Monitoring and Reporting Program and Statement of Overriding Considerations prepared in accordance with the California Environmental Quality Act (CEQA) for the subject project. cdd:420-46/Resolution-PC/pz (FILE ID: DP 2021-70214)

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ATTACHMENT #7
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2. LU 2021-70215: Amend the General Plan designation of Commercial to Commercial /Residential; and,

3. Z 2021-70216: Change the subject property zone designation of C-1 (Neighborhood Commercial) to Specific Plan-22 (SP-22); and,

4. SP 2021-70397: Adopt SP-22 to establish specific development standards for the subject development areas; and,

5. DAGR 2021-70399: Establish specific standards, timing of construction, list of obligations of both City and applicant, and mutual benefits for the construction of the proposed mixed-use and multifamily residential development; and

6. DP 2021-70214: Construction of 420 residential units, including 50 low income- and four (4) moderate income-level units, distributed across two, four-story, podium style mixed-use buildings and 13, three-story, townhome buildings, including a 5,000 square foot (s.f.) two-story stand-alone amenity building, and trails, pocket park, dog park, dining plazas, and seating areas; and,

7. LLA 2021-70398: Adjust property lines to establish two legal lots of record and provide one lot for the proposed townhomes and another lot for the proposed mixed-use buildings; and,

8. PTP 2021-70400: Allow removal of three (3) coast live oak (Quercus agrifolia) trees and encroachment into the protected zone of two (2) oast live oak (Quercus agrifolia) trees and two (2) California sycamore (Platanus racemosa) trees; and,
WHEREAS, Pursuant to the California Environmental Quality Act (CEQA), City conducted environmental review of the project, prepared and duly processed an Environmental Impact Report (''T.O. Ranch Mixed-Use Redevelopment Project EIR"), consisting of a Draft EIR dated April 2022 and a Final EIR Response to Comments dated June 2022, and prepared a Mitigation Monitoring and Reporting Program ("MMRP") for implementation of mitigation measures specified in the EIR;
WHEREAS, on February 9, 2022, a Notice of Application sign was posted on the subject property;
WHEREAS, on February 10, 2022, a Notice of Application was mailed to all property owners and occupants within a 500-foot radius of the subject property; cdd:420-46/Resolution-PC/pz (FILE ID: DP 2021-70214)

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WHEREAS, On May 9, 2022, the Notice of Application project description information was updated and re-posted on the subject property; WHEREAS, on May 9, 2022, Notice of Planning Commission Public Hearing was mailed to all property owners of record within a 500-foot radius of the subject site;
WHEREAS, on May 9, 2022, Notice of Planning Commission Public Hearing was published in a newspaper of general circulation within the City of Thousand Oaks and was mailed to all property owners and occupants within a 500-foot radius of the subject property;
WHEREAS, the Planning Commission, upon giving the required notice, did, on the 23
rd day of May, 2022, opened a duly-advertised public hearing as prescribed by law to consider said application; and
WHEREAS, on May 23, 2022, the Planning Commission, at the request of the applicant, continued the item to a date certain of June 8, 2022; and WHEREAS, on June 8, 2022, the Planning Commission, a 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. 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.

SECTION 2
WHEREAS, the Planning Commission supports adoption and certification of said EIR 2021-70442, and makes the following findings of fact and recommends the following to City Council:

1. The Planning Commission has reviewed and considered the information contained in the project Final EIR (FEIR), and written and oral comments regarding environmental effects. The project EIR was prepared in accordance with the requirements of CEQA, includes all comments received on the EIR and the City's response thereto, reflects the independent judgement of the City of Thousand Oaks, and the Planning Commission is being asked to recommend to City Council the adoption of the Final Environmental Impact Report (FEIR) that was prepared for the project. Each of the following Commission findings is supported by and elaborated in the attached CEQA Findings.
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2. Based on all written and oral evidence and testimony in the record, the project EIR (a) complies with the requirements of CEQA and adequately identifies and considers all potential significant environmental effects of the General Plan Amendment; Zoning Change; Specific Plan; Development Agreement; Development Permit; Lot Line Adjustment; and Protected Tree Permit, and (b) reflects the City's independent judgment and analysis.

3. The project EIR identified certain environmental effects of the project that may remain significant and unavoidable, due to noise resulting from temporary vibration and construction, despite recommended mitigation measures. However, certain considerations and public benefits of the project outweigh these unavoidable adverse effects and justify and support accepting those effects and approving the project, as described in the Statement of Overriding Considerations included in the CEQA Findings.

4. The Planning Commission has considered additional mitigation measures that might reduce or avoid such significant impacts, and the Commission has determined that they are either not available or not feasible. The project FEIR evaluated alternatives to the project that might reduce or avoid such significant impacts, which the Planning Commission has considered, and the Commission has determined that there are no feasible alternatives that accomplish all or most of the objectives for the project, and the proposed project is the best alternative that can be feasibly implemented taking into consideration the relevant economic, legal, social, technological and other reasons and public benefits of the project.

5. The project MMRP describes the mitigation measures recommended by the EIR to reduce and avoid potential significant effects of the project, and adequately identifies the appropriate timing and enforcement details for each to ensure each mitigation measure is implemented.

6. The Planning Commission recommends that the City Council (a) adopt and make the CEQA Findings and certify the FEIR as legally adequate under CEQA as to each development application associated with the project, (b) determine that identified considerations and public benefits outweigh significant unavoidable adverse environmental effects and that mitigation measures and alternatives which might reduce or avoid such effects are not feasible, and adopt the Statement of Overriding Considerations to support its approval of each development application associated with the project, and (c) adopt the MMRP and incorporate its provisions as conditions of approval for each of the development application associated with the project to the extent appropriate.
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SECTION 3
WHEREAS, the finding of the Planning Commission supporting approval of said LU 2021-70215 is as follows:

1. The General Plan amendment is consistent with the Thousand Oaks Land Use Element of the General Plan, as proposed to be amended, in that the subject property will be designated as Commercial/Residential Land Use category and located within the proposed SP-22, which allows the proposed mixed-use and multi-family residential uses.

SECTION 4
WHEREAS, the findings of the Planning Commission supporting approval of said Z 2021-70216 are as follows:

1. The zone change is consistent with the Thousand Oaks General Plan, as proposed to be amended, including the Land Use Element, in that the subject property will designated as a Commercial/Residential Land Use category and located within the proposed SP-22, which allows the proposed mixed-use and multi-family residential uses, including the General Plan goal "to provide the framework for a planned and unified community containing a balance of living, working, shopping, educational, civic, cultural and recreational facilities."

2. The proposed zone change will re-designate approximately 10.97-acres of land from Neighborhood Commercial (C-1) to the Thousand Oaks Ranch Specific Plan-22 (SP-22). Upon adoption of the zone change, the subject project will meet this finding because the proposed General Plan land use designation for this property is "Commercial/Residential," and the development type and uses proposed conform to the General Plan designation. This designation permits commercial uses, residential uses, or a combination of both commercial and residential. The proposed project includes commercial and residential development on the site. Further, the proposed project is consistent with the General Plan goals to provide opportunities "enabling commercial, industrial and residential development to flourish in an efficient and compatible manner." The proposed specific plan is in alignment with Thousand Oaks General Plan goals and policies.

Therefore, the proposed Zone Change and project meets this finding.

3. The proposed project was reviewed for conformance with the provisions of the CEQA. For this application, the City is the Lead Agency and, on behalf of the Applicant, the Planning Commission is being asked to recommend to City Council the adoption of the Final Environmental Impact Report (EIR) cdd:420-46/Resolution-PC/pz (FILE ID: DP 2021-70214)

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that was prepared for the project. The Final EIR identifies where all areas listed as potentially significant have been mitigated to levels that are no longer significant, through the inclusion of mitigation measures, which the applicant shall comply with under the proposed conditions of approval.

In order to approve the proposed project with significant and unavoidable impacts due to noise resulting from temporary vibration and construction, the City Council must adopt a Statement of Overriding Considerations. This is a specific finding required by CEQA that the Project includes substantial benefits that outweigh its adverse environmental impact and is adapted to fit local conditions and priorities. The proposed development and Specific Plan benefits include revitalization of the blighted commercial center, economic investment, new housing, opportunities for more affordable housing, proximity of work opportunities to housing opportunities, proximity of work opportunities to public transit, creation of a walkable district and enhanced public realm, generation of revenue and various other community benefits.

SECTION 5
WHEREAS, the findings of the Planning Commission supporting approval of said DP 2021-70214 are as follows:

1. The design of the new mixed-use development complies with all applicable laws, regulations, and policies, including the proposed Specific Plan, Architectural Design Guidelines for Commercial Projects (Res. No. 2005- 011 ), and Precise Plan of Design Guidelines (Res. No. 2006-108). The proposed buildings are comparable in massing and scale with other similar buildings within the vicinity of the subject property and incorporates enhanced architectural design, including vertical and horizontal design elements and decorative material finishes and colors, and meets all applicable development standards for the proposed Specific Plan.

2. The project will not be detrimental to public health, safety, or general welfare because the project has been reviewed and approved by the Community Development Department, Public Works Department, Police Department, and the Ventura County Fire Department (VCFD), and in compliance with _ the CEQA. With the incorporation of the conditions set forth by these departments and agencies and inclusion of mitigation measures, the project will not be detrimental to public health, safety, or general welfare.

3. The proposed mixed-use development is compatible with the surrounding land uses in the vicinity because it is located within an urbanized setting with established infrastructure and nearby comparable uses. cdd:420-46/Resolution-PC/pz (FILE ID: DP 2021-70214)

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4. The proposed Development Permit has been reviewed for conformance with the provisions of the CEQA. For this application, the City is acting as the Lead Agency and, on behalf of the Applicant, the Planning Commission is being asked to recommend to City Council the adoption of the Final Environmental Impact Report prepared for the project. The Final Environmental Impact Report identifies areas as potentially significant, and details that the areas have been mitigated to levels that are no longer significant, through the inclusion of mitigation measures, which the applicant shall comply with under the proposed conditions of approval.

SECTION 6
WHEREAS, the findings of the Planning Commission supporting approval of said SP 2021-70397 are as follows:

1. The proposed Specific Plan (SP-22) establishes development standards, allowed uses, and policy guidelines for a mixed-use development with a pedestrian-oriented and interactive environment. Prominent pedestrian entries from the public right-of-way, the project's common plazas, and multiple gathering areas within the project site work to create a viable residential community. Along with the amendment to the General Plan to allocate 329 dwelling units of the Citywide Measure E capacity to SP-22, the mixed-use project with building frontage along Hampshire Road is consistent with all Elements of the Thousand Oaks General Plan.

2. The development standards and uses of the Specific Plan, along with the companion land use amendment, is consistent with all applicable Elements of the Thousand Oaks General Plan, including the Land Use Element designation of "Commercial/Residential" and with the General Plan goal, "to provide the framework for a planned and unified community containing a balance of living, working, shopping, educational, civic, cultural and recreational facilities."

3. The proposed project and Specific Plan are unified by design. The specific plan specifies development standards with respect to building location, height, number of required parking spaces, allowed uses, and other development standards. Since these project details are specified in the specific plan, the project's standards are bound by SP-22, and are therefore, consistent.

4. The Specific Plan and project will be consistent with the housing element to provide rental housing in the form of 50 low-income affordable units and four (4) moderate-income affordable units.
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5. The Specific Plan standards and proposed project are consistent with the City's Architectural Guidelines as conditioned in that the project design provides for vertical and horizontal building articulation and a variety of colors/materials.

6. The project is consistent with all applicable laws, regulations and policies, including the Thousand Oaks Municipal Code that allows for specific development standards through adoption of a specific plan.

7. The standards and uses of the Specific Plan will not be detrimental to the public health, safety or general welfare.

8. The proposed Specific Plan at the proposed location will be compatible with land uses in the vicinity.

9. The proposed Specific Plan has been reviewed for conformance with the provisions of CEQA. For this application, the City is acting as the Lead Agency and, on behalf of the Applicant, the Planning Commission is being asked to recommend to City Council the adoption of the Final Environmental Impact Report prepared for the project. The Final Environmental Impact Report identifies areas as potentially significant, and details that the areas have been mitigated to levels that are no longer significant, through the inclusion of mitigation measures, which the applicant shall comply with under the proposed conditions of approval.

SECTION 7
WHEREAS, the findings of the Planning Commission supporting approval of said LLA 2021-70398 are as follows:

1. The proposed lot line adjustment is consistent with the proposed General Plan Land Use designation of Commercial/Residential and proposed Specific Plan-22.

2. The creation of Parcel "1 (A)," comprising a net land area of 219,605 s.f. (5.04 acres) and Parcel "2B," comprising a net land area of 258,684 s.f. (5.93 acres). The size is suitable at this location because the parcels meet the requirements for SP-22 and the proposed parcels will be able to accommodate the proposed development inclusive of utilities and infrastructure needed to successfully construct and operate the uses and buildings proposed.

3. As designed, the proposed lot line adjustment does not conflict with existing public easements because the project has been designed in conjunction cdd:420-46/Resolution-PC/pz (FILE ID: DP 2021-70214)

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Item No. 8A
with the proposed uses, internal circulation and parking, and the project has been conditioned to require a reciprocal access and parking agreements.

4. The proposed lot line adjustment has been reviewed for conformance with the provisions of CEQA. The City is acting as a Responsible Agency for this application, and, on behalf of the Applicant, the Planning Commission is being asked to recommend to City Council the adoption of the Final Environmental Impact Report that was prepared for the project. The Final Environmental Impact Report identifies areas listed as potentially significant, and details that the areas have been mitigated to levels that are no longer significant through the inclusion of mitigation measures, which the applicant shall comply with under the proposed conditions of approval.

SECTION 8
WHEREAS, the findings of the Planning Commission supporting approval of said PTP 2021-70400 are as follows:

1. Approval is consistent with the intent of the Oak Tree Preservation and Protection Ordinance since the proposed removal of three (3) Coast Live Oak (Quercus agrifolia) trees will be replaced in accordance with mitigation standards adopted by the Oak Tree Preservation and Protection Guidelines Resolution 2010-14.

2. The project is consistent with the Thousand Oaks General Plan, including the Conservation Element, in that conditions have been applied to the minimize impacts from encroachment within the protected zone of the two (2) protected oak trees and two (2) California sycamore (Platanus racemosa) trees. With the inclusion of conditions, the proposed encroachment within the tree's protected zone is not likely to result in a decline in the health of the trees.

3. Encroachment within the protected zone of two (2) oak and two (2) sycamore trees is necessary to accommodate proposed improvements and grading activities associated with construction of the new mixed-use buildings and multi-family residential buildings. A City Tree Consultant inspected the subject trees and determined that proposed encroachment will not be detrimental to the health of the subject oak and landmark trees. Appropriate project conditions are in place to safeguard the oak and landmark trees, including installation of fencing around the protected zones and on-site monitoring by the applicant's consultant during all encroachment and pruning operations.
cdd:420-46/Resolution-PC/pz (FILE ID: DP 2021-70214)

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Item No. 8A

4. A minimum of nine (9) mitigation oak trees [(6) 24-inch box and (3) 36-inch box], shall be planted throughout the subject property to offset the loss of the removed oak trees. If the site cannot accommodate the planting of all the required mitigation trees, the Community Development Director may approve planting of the trees at an off-site location for public benefit or provide and in-lieu cash payment to the City's Open Space Endowment Fund (per resolution 2010-014 ).

5. With the inclusion of the recommended conditions, approval of this request will not be contrary to, or be in conflict with, the general purpose and intent of the Oak Tree Ordinance (Chapter 42 of Title 9 of the Municipal Code) and Oak Tree Preservation and Protection Guidelines, Resolution Number 2010-14.

6. The Protected Tree Permit request has been reviewed in conformance with the provisions of the CEQA. For this application, the City is the Lead Agency and, on behalf of the Applicant, the Planning Commission is being asked to recommend to City Council the adoption of the Final Environmental Impact Report prepared that was prepared for the project. The Final Environmental Impact Report identifies areas listed as potentially significant, and details that these areas have been mitigated to levels that are no longer significant, through the inclusion of mitigation measures, which the applicant shall comply with under the proposed conditions of approval.

SECTION 9
WHEREAS, the findings of the Planning Commission supporting approval of said DAGR 2021-70399 are as follows:

1. Approval is consistent with the objectives, policies, general land uses and programs specified in the General Plan and any applicable specific plan;

2. The Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located;

3. The Development Agreement is in conformity with public convenience, general welfare and good land use practice;

4. Approval will not be detrimental to the health, safety and general welfare; and;

5. Approval will not adversely affect the orderly development of property or the preservation of property values.
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Item No. 8A
NOW, THEREFORE, BE IT RESOLVED that based on substantial evidence contained within the record, the analysis in the agenda report, the Findings of Fact above, and, having considered the Final EIR, MMRP, and SOC, the Planning Commission recommends that City Council approve said LU 2021-70215, Z 2021- 70216, SP 2021-70397, DAGR 2021-70399, DP 2021-70214, LLA 2021-70398; and PTP 2021-70400, subject to conformance with the conditions set forth and attached hereto and made a part hereof as well as recommends to City Council the adoption and certification of the Final Environmental Impact Report (EIR) 2021- 70442 prepared for the project. Except as otherwise expressly indicated, said conditions shall be fully performed and completed, or at the City's discretion, shall be secured by bank or cash deposit or other security satisfactory to the City Attorney before the use or occupancy of the property is commenced and before a Certificate of Occupancy is issued. The violation of any of the conditions of said permit shall be grounds for revocation by the Planning Commission or City Council.

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 8
th day of June 2022, by the following vote:

AYES: Commissioners Buss, Lanson, Link, McMahon, and
Chair Newman
NOES: None
ABSENT: None
ABSTAIN: None =-
Da
w
vid Newman, C
b
hair
Planning Commission
cdd:420-46/Resolution-PC/pz (FILE ID: DP 2021-70214)

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Item No. 8A
CONDITIONS OF APPROVAL FOR LU 2021-70215; Z 2021-70216; SP 2021-70397:

DAGR 2021-70399: DP 2021-70214; LLA 2021-70398: PTP 2021-70400; and EIR 2021- 70442

COMMUNITY DEVELOPMENT DEPARTMENT

PLANNING DIVISION

1. Land and Application - The Environmental Impact Report, General Plan Amendment, Zoning Change; Development Permit; Specific Plan; Development Agreement; Development Permit; Lot Line Adjustment; and Protected Tree Permit; are adopted, granted or accepted for the land described in the application, any attachment thereto, and as shown on the submitted "Project Plan Set," dated May 3, 2022.

2. Scope of Permit Approval - This permit is for a General Plan amendment from Commercial to Commercial/ Residential; a Zoning Change adopting the Specific Plan-22 (SP-22); Development Agreement specifying development performance; and a Development Permit; along with a Protected Tree Permit, to demolish existing buildings within an existing vacant commercial shopping center and construct a mixed-use and multifamily residential development on a previously developed 10.97-acre site.

The proposed project includes 420 residential units, 15,000 s.f. of commercial uses, 5,000 s.f. two-story stand-alone amenity building, and associated hardscape, landscape, walls, amenities, open space, and grading. The 420 residential units, including 54 affordable units, are proposed to be distributed across two, four-story, podium style mixed-use structures and 13, three-story, townhome buildings, with an average building height of approximately 40 feet. The project also includes surface parking and two subterranean parking structures comprised of 119 commercial parking spaces and 683 residential parking spaces. The proposed project includes the removal of three (3) oak trees and encroachment into the protected zones of two (2) oak and two (2) sycamore trees, as shown on project plans labeled "Project Plan Set" dated May 3, 2022, and the Tree Report and updated arborist memo (May 6, 2022), unless conditioned otherwise herein.

3. Approval Period- The above referenced permits are granted for the period set forth in Sections 3.0 and 7.7 of Development Agreement No. 2021- 70399.

4. Final Plans - Prior to the issuance of a building permit, final site, grading, floor, elevation and roof plans shall be submitted for the review and approval of the Community Development Department. Said plans shall incorporate any design change and other requirement as conditioned herein. cdd:420-46/Resolution-PC/pz (FILE ID: DP 2021-70214)

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CONDITIONS OF APPROVAL FOR LU 2021-70215; Z 2021-70216; SP 2021-70397; DAGR 2021-70399; DP 2021-70214; LLA 2021-70398; PTP 2021-70400; and EIR 2021- 70442
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5. Project Changes/Modifications - Changes to the project are subject to Section 10 of the Development Agreement No. 2021-70399. Minor changes to DP 2021-70214; LLA 2021-70398; PTP 2021-70400 may be approved by the Community Development Department, provided such changes achieve substantially the same results and the project is still in compliance with the Municipal Code. Revised plans reflecting the minor changes and additional fees shall be required.

6. Condition Compliance - All development on the subject property shall be constructed and thereafter maintained in accordance with the conditions of this permit.

7. Compliance with Applicable Laws, Rules, and Regulations - The applicant shall at all times comply with any and all local, city, county, state and federal laws, regulations and orders now in effect or which may hereafter be enacted pertaining to the approved modification or affecting the installation, operation or maintenance of the mixed-use development.

8. Regulatory Agency Approval - The requirements of all applicable regulatory agencies shall be met, and approval obtained, prior to gas release, Certificate of Occupancy, or as authorized by the City's Building and Safety Division. Copies of all required licenses shall be submitted to the Community Development Department.

9. Payment of Fees - Approval is subject to the applicant paying all fees and assessments to the City of Thousand Oaks, as required by the Municipal Code.

The developer shall pay Quimby fees to Conejo Recreation & Park District (CRPD) in accordance with the City of Thousand Oaks Quimby ordinance.

10. Dedications/Reservations and Public Improvements - With respect to dedications, reservations, construction of public improvements and fees as required by the project development conditions, the applicant is advised, pursuant to Government Code Section 66020, that the ninety (90) day protest period has commenced upon approval of the proposed improvement by the City.

11. Preconstruction Meeting - Prior to issuance of a grading permit, the applicant shall coordinate with the Community Development and Public Works Departments including, a preconstruction meeting at the job site to review field conditions, project conditions, methods and procedures, individual and City department responsibilities associated with the project.

Members attending this meeting shall include but not be limited to City department representatives, City landscape consultant/arborist, owner or cdd:420-46/Resolution-PC/pz (FILE ID: DP 2021-70214)

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CONDITIONS OF APPROVAL FOR LU 2021-70215; Z 2021-70216; SP 2021-70397:

DAGR 2021-70399: DP 2021-70214: LLA 2021-70398: PTP 2021-70400; and EIR 2021- 70442
designated project coordinator, architect, project consultants, project landscape consultant general contractor and other representatives associated with the project. The meeting shall be arranged no sooner than one (1) week prior to commencement of work.

12. Construction Progress - Once permits have been issued to commence work on the improvements, it is the applicant's/owner's responsibility to diligently pursue completion per all conditions, requirements and as represented on the approved plans. Reasonable progress shall occur on a continual basis until completion to the satisfaction of the Community Development Director. Work shall not be discontinued for a period exceeding 30 days, without acceptable cause. The intent is to have the project completed in a timely fashion to prevent a potential blight from partially completed construction.

13. Occupancy - No final inspection or occupancy permit shall be granted until construction and landscaping are complete in accordance with the approved plans and the conditions required herein.

14. Hours of Construction - All grading and construction activities shall be limited to the hours of 7:00 a.m. to 7:00 p.m., Monday through Saturday with no construction activity permitted on Sunday. Construction workers and vehicles shall not be permitted to congregate in the residential neighborhood or onsite before and after the construction hours authorized herein. Likewise, warming of equipment engines shall not be permitted outside the allowable construction hours.

15. Approval Inclusion - The following shall apply:

A. This approval, in its entirety as adopted, shall be included in the initial plan-check submittal that is submitted to the Building Division. The approval and conditions shall be copied directly onto plan sheets and included as part of the project plans throughout the plan-check process and shall be part of the project plans for which building permits are issued.

B. All agreements, development standards, use allowances contained in Specific Plan (SP) 22 and Development Agreement (DAGR) 2021- 70399 shall apply to this approval.

16. Acknowledgment - The applicant acknowledges that all aspects of this project are of special concern to and regulated by the City of Thousand Oaks, which has established specific criteria and standards concerning cdd:420-46/Resolution-PC/pz (FILE ID: DP 2021-70214)

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Item No. 8A
CONDITIONS OF APPROVAL FOR LU 2021-70215: Z 2021-70216: SP 2021-70397:

DAGR 2021-70399: DP 2021-70214: LLA 2021-70398; PTP 2021-70400; and EIR 2021- 70442
development within the City. Any changes, modifications, or alterations to improvements on the subject property shall first be approved by the City of Thousand Oaks. Any unauthorized changes may require future corrective work and may result in a City Code compliance effort.

17. Unauthorized Changes - The applicant acknowledges that the exterior treatment, location of structures and architectural features of the development are of special concern to, and regulated by, the City of Thousand Oaks, which has established criteria and standards concerning development within the City. Any substantial change, modification, or alteration to the architectural design, or in the exterior treatment of any building and structure, including building colors, materials, changes in walkways, doorway, window locations, or in the parking, landscaping and other related features, must first be approved by the City of Thousand Oaks prior to performing the work. Unauthorized change(s) or failure to comply with the conditions of this permit may require future corrective work and result in a City Code violation and appropriate action.

18. Affordable Housing Agreement - The applicant shall submit to the City an affordable housing agreement for review and approval by the Community Development Department that provides for the on-going affordability of the project.

Approval of this residential project is subject to execution of an Affordable Housing Covenant entered into between the Applicant and City of Thousand Oaks. Said Affordable Housing covenant shall incorporate the following conditions and is subject to approval by the City Attorney and Community Development Director.

A. Affordable Housing Covenant shall be recorded prior to final building permit issuance. Covenant shall be recorded to provide notice to any future owners.

B. The Affordable Housing Covenant shall require 54 units as affordable units. 50 units will be preserved at the low-income level of 80% of the Ventura County median income and 4 units will be preserved at the moderate-income level of 120% of the Ventura County median income.

C. Applicant agrees to execute an Affordable Rental Housing Regulatory Agreement and Declaration of Restrictive Covenant with City that provides for the on-going affordability of these 54 restricted cdd:420-46/Resolution-PC/pz (FILE ID: DP 2021-70214)

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CONDITIONS OF APPROVAL FOR LU 2021-70215: Z 2021-70216: SP 2021-70397:

DAGR 2021-70399: DP 2021-70214: LLA 2021-70398: PTP 2021-70400: and EIR 2021- 70442
--
units for 55 years from the date the units initially become available for lease.

D. The City may extend affordable period if owner does not comply with Affordable Housing Covenant.

E. Affordable units should be comparable in exterior appearance and overall quality of construction to market-rate dwelling units in the same residential development. The design and appearance of the affordable units shall be compatible with the design of the marketrate units.

F. Affordable units should be dispersed throughout the mixed-use buildings of the development in a manner acceptable to the City.

G. The Affordable Housing Covenant shall be in compliance with the latest California State requirements.

The Affordable Agreement shall be reviewed and approved by the Community Development Department and City Attorney's office prior to the issuance of a grading permit.

19. Indemnification - The applicant agrees to defend, indemnify and hold harmless the City, its agents, officials, and employees from any claim, action or proceeding against the City or its agents, officials or employees to attack, set aside, void or annul an approval of the City. The City shall promptly notify the applicant of any claim, action or proceeding and the City shall cooperate fully in the defense.

20. Signed Acceptance of Conditions - A signed Acceptance of Conditions affidavit shall be executed by the applicant and property owner, or his duly authorized representative, and shall be returned to the Community Development Department prior to the issuance of a building permit.

ENVIRONMENTAL MITIGATION MEASURES

21. Mitigation Compliance - Prior to the issuance of any grading or building permit, the applicant shall submit a written report demonstrating that all mitigation measures imposed by the City to either reduce or avoid significant environmental impacts identified in the Environmental Impact Report (EIR) have either been incorporated in the project design or undertaken as required. Final determination of compliance with imposed mitigation measures pursuant to the requirements of Section 21081.6 of the cdd:420-46/Resolution-PC/pz (FILE ID: DP 2021-70214)

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CONDITIONS OF APPROVAL FOR LU 2021-70215; Z 2021-70216; SP 2021-70397; DAGR 2021-70399; DP 2021-70214; LLA 2021-70398; PTP 2021-70400; and EIR 2021- 70442
Public Resources Code shall in turn be subject to the review and approval of the Community Development Department.

22. BI0-1 Bat and Nesting Bird Survey Avoidance: Project-related activities shall occur outside of the bird breeding season (generally between January 1 through September 15) to the extent practicable. If construction must occur within the bird breeding season, no more than seven days prior to initiation of ground-disturbing activities (including, but not limited to site preparation, grading, excavation, and trenching) within the proposed project site, a bird pre-construction bird nest survey shall be conducted by a qualified biologist within the disturbance footprint plus a 100-foot buffer (300-foot for raptors), where feasible. If the proposed project is phased or construction activities stop for more than one week, a subsequent preconstruction nesting bird survey shall be required within three days prior to each phase of construction.

Pre-construction nesting bird surveys shall be conducted during the time of day when birds are active and shall factor in sufficient time to perform this survey adequately and completely. During the nest survey, the biologist shall inspect the outside and inside of the vacant structures for sign of roosting bats, such as presence of guano or direct observations. A report of the bat and nesting bird survey results, if applicable, shall be submitted to the City for review and approval prior to ground and/or vegetation disturbance activities.

If bird nests are found, an appropriate avoidance buffer ranging in size from 25 to 50 feet for passerines, and up to 300 feet for raptors depending upon the species and the proposed work activity, shall be determined and demarcated by a qualified biologist with bright orange construction fencing or other suitable material. Active nests shall be monitored at a minimum of once per week until it has been determined that the young have fledged the nest. No ground disturbance or vegetation removal shall occur within this buffer until the qualified biologist confirms that breeding/nesting has ended, and all the young have fledged. If no nesting birds are observed during preconstruction surveys, no further actions would be necessary.

If evidence of bat roosting is observed, building demolition shall not be allowed until a qualified biologist can verify that the roost is no longer active.

If necessary, bats may be evicted and building demolished following submittal and approval of a Bat Avoidance Plan by CDFW. cdd:420-46/Resolution-PC/pz (FILE ID: DP 2021-70214)

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Item No. 8A
CONDITIONS OF APPROVAL FOR LU 2021-70215: Z 2021-70216: SP 2021-70397:

DAGR 2021-70399: DP 2021-70214; LLA 2021-70398; PTP 2021-70400; and EIR 2021- 70442

23. BIO 2 Minimize Impacts to Protected Trees: The project shall take all necessary actions to comply with the requirements of the City's Oak Tree Preservation and Protection Guidelines and Oak and Landmark Tree Ordinance. These include preserving protected trees located on the project site whenever possible. A permit is required by the City before the start of project activities if any tree will be trimmed, cut, or removed.

In accordance with the City of Thousand Oaks Tree Protection Guidelines the oak trees on the project site that would be removed shall be replaced at a ratio of 3: 1 with two 24-inch box coast live oak trees and one 36-inch or 60-inch box coast live oak tree. Three coast live oak trees will be removed; therefore, nine coast live oak trees shall be planted onsite.

An arborist shall conduct an inspection of diseases, pests or pathogens prior to protected tree removal and any infected trees be disposed using best available management practices relevant for each tree disease observed.

Section 5, Oak and Landmark Tree Protection Plan, of the Oak and Landmark Tree Report (Rincon, 2022c [Appendix C]) shall be implemented to minimize project-related impacts to oak and landmark trees that would be preserved prior to, and during, construction activities.

24. CUL-1 Archaeological Resource Discover Patrol: If archaeological deposits are encountered during project-related ground disturbing activities, then a cultural resource "discovery" protocol will be followed. If historic or prehistoric features or artifact concentrations are encountered during project grading within native soils or original context, then all work in that area will be halted or diverted 30 feet away from the discovery until a qualified archaeologist is contacted and evaluates the nature and/or significance of the find(s). If the discovery is prehistoric in origin, a Native American representative will be contacted to participate in the evaluation. If an archaeologist confirms that the discovery is potentially significant, then the Lead/Permitting Agency will be contacted and informed of the discovery.

Construction will not resume in the locality of the discovery until consultation between the qualified archaeologist, the Applicant's project manager, the Lead/Permitting Agency, and any other concern parties (such as additional regulatory agencies or Native American Tribal Groups), takes place and reaches a conclusion approved by the Lead/Permitting Agency. If a significant cultural resource is discovered during earth-moving, complete avoidance of the find is preferred. However, if the discovery cannot be cdd:420-46/Resolution-PC/pz (FILE ID: DP 2021-70214)

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CONDITIONS OF APPROVAL FOR LU 2021-70215; Z 2021-70216; SP 2021-70397; DAGR 2021-70399; DP 2021-70214; LLA 2021-70398; PTP 2021-70400; and EIR 2021- 70442
avoided, data recovery of the significant resource may be required by the City. The City may also require site monitoring, based on the discovery. All individual reports will be submitted to the SCCIC at the conclusion of the project.

25. CUL-2 Inadvertent Discovery of Human Remains: The inadvertent discovery of human remains is always a possibility during ground disturbances; State of California Health and Safety Code Section 7050.5 addresses this possibility. This code section states that in the event human remains are uncovered, no further disturbance shall occur until the County Coroner has made a determination as to the origin and disposition of the remains pursuant to PRC Section 5097.98. The County Coroner must be notified of the find immediately, along with the Lead/Permitting Agency and the Applicant.

If the human remains are determined to be prehistoric, the County Coroner will notify the NAHC, which will determine and notify a Most Likely Descendant (MLD). The MLD shall complete the inspection of the site within 48 hours of being granted access. The Lead/Permitting Agency and a qualified archaeologist shall also establish additional appropriate mitigation measures for further site construction, in consultation with the MLD.

26. GE0-1a Geotechnical Recommendations: The geotechnical recommendations contained in the 2005 Twining Geotechnical Report shall be fully implemented. Among the study recommendations are specific parameters relating to:
• Foundation Design - over-excavation and compaction for foundations, soil stabilization, shoring, etc., conducted as indicated in the geotechnical report.
• Structural Fills - the applicant shall comply with the recommendations contained in the Twining September 13, 2005 geotechnica_l report regarding site preparation. This includes overexcavating on-site soils so that new foundations are supported on a minimum of two feet of engineered fill or engineered fill extending to a depth of five feet below preconstruction site grades, whichever provides the deeper fill. These recommendations shall be fully implemented in order to comply with UBC standards and would reduce impacts to a less than significant level.
cdd:420-46/Resolution-PC/pz (FILE ID: DP 2021-70214)

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Item No. 8A
CONDITIONS OF APPROVAL FOR LU 2021-70215; Z 2021-70216; SP 2021-70397; DAGR 2021-70399; DP 2021-70214; LLA 2021-70398; PTP 2021-70400; and EIR 2021- 70442
• Structural Footings - minimum footing embedment depths, widths, and net vertical soil bearing pressures.
• Concrete Slabs - testing of exposed subgrades prior to concrete pours, reinforcement of concrete slabs, use of moisture barriers or sand layers beneath slabs.
• Site Preparation - compliance with SWPPP and SWPCP
requirements.

Additionally, the 2021 Gorian report recommended the following site design features:
• Positive drainage should be continuously maintained away from structures and slopes. Ponding or trapping of water in localized areas near the foundations can cause differential moisture levels in subsurface soils. Plumbing leaks should be immediately repaired so that the subgrade soils underlying the structure do not become saturated.
• Trees and large shrubbery should not be planted where roots can grow under foundations and flatwork when they mature.
• Landscape watering should be held to a minimum; however, landscaped areas should be maintained in a uniformly moist condition and not allowed to dry-out. During extreme hot and dry periods, adequate watering should be provided to keep soil from separating or pulling back from the foundations.

Prior to the issuance of grading permits, a qualified Geotechnical Engineer retained by the applicant shall provide evidence to the City of Thousand Oaks Engineer that the geotechnical mitigation measure GEO-1 a is implemented as described above.

27. GE0-1 b Geotechnical Oversight: A qualified Geotechnical Engineer shall be retained to perform the following tasks prior to and during construction:
• Review final grading, foundation, and drainage plans to verify that the recommendations contained in the 2005 Twining study have been properly interpreted and are incorporated into the project specifications.
cdd:420-46/Resolution-PC/pz (FILE ID: DP 2021-70214)

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Item No. 8A
CONDITIONS OF APPROVAL FOR LU 2021-70215; Z 2021-70216; SP 2021-70397; DAGR 2021-70399; DP 2021-70214; LLA 2021-70398; PTP 2021-70400; and EIR 2021- 70442
--
• Observe and advise during all grading activities, including site preparation, foundation and retaining wall excavation, and placement of fill, to confirm that suitable fill materials are placed upon competent material and to allow design changes if subsurface conditions differ from those anticipated prior to the start of grading and construction.
• Observe the installation of all drainage devices.
• Test all fill placed for engineering purposes to confirm that suitable fill materials are used and properly compacted.

The qualified Geotechnical Engineer shall provide evidence to the City of Thousand Oaks Engineer that the geotechnical mitigation measure GEO1 bis implemented as described above.

28. GE0-2 Site Preparation: Based on the nature of the subsurface soil conditions, it should be anticipated that unstable soil conditions would be encountered during excavation and installation of slabs-on-grade, foundations, utilities, etc. Therefore, the soils may require stabilization. Soils shall be stabilized in accordance with the Twining Report (2005), including the procedures in the Appendices for Chemical Treatment of Soil.

Stabilization of the subgrade soils shall be performed in a uniform manner.

If stabilization of the subgrade soils is necessary, it shall be performed in the entire building area, including the overbuild zone. Additionally, all recommendations provided in the Gorian Report (2021) regarding soil expansiveness shall be implemented, evidence of implementation shall be provided to the City engineer prior to the issuance of a grading permit.

29. GE0-3 Paleontological Resources Monitoring and Mitigation:

Qualified Paleontologist. The project applicant shall retain a Qualified Paleontologist to direct all mitigation measures related to paleontological resources. A qualified professional paleontologist is defined by the Society of Vertebrate Paleontology (SVP) standards (SVP 2010) as an individual preferably with an M.S. or Ph.D. in paleontology or geology who is experienced with paleontological procedures and techniques, who is knowledgeable in the geology of California, and who has worked as a paleontological mitigation project supervisor for a least two years (SVP 2010).
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Item No. 8A
CONDITIONS OF APPROVAL FOR LU 2021-70215: Z 2021-70216: SP 2021-70397:

DAGR 2021-70399: DP 2021-70214: LLA 2021-70398: PTP 2021-70400: and EIR 2021- 70442
Paleontological Worker Environmental Awareness Program. Prior to the start of construction, the Qualified Paleontologist or their designee shall conduct a paleontological Worker Environmental Awareness Program (WEAP) training for construction personnel regarding the appearance of fossils and the procedures for notifying paleontological staff should fossils be discovered by construction staff.

Paleontological Monitoring. Full-time paleontological monitoring shall be conducted during ground disturbing construction activities (i.e., grading, trenching, foundation work) within native (i.e., previously undisturbed) sediments of any depth in the lower Monterey Formation and depths greater than five feet in Quaternary alluvium. Ground disturbing activities that only impact artificial fill (i.e., previously disturbed) sediments do not require paleontological monitoring. Paleontological monitoring shall be conducted by a qualified paleontological monitor, who is defined as an individual who has experience with collection and salvage of paleontological resources and meets the minimum standards of the SVP (2010) for a Paleontological Resources Monitor. The duration and timing of the monitoring will be determined by the Qualified Paleontologist based on the observation of the geologic setting from initial ground disturbance, and subject to the review and approval by the City of Thousand Oaks. If the Qualified Paleontologist determines that full-time monitoring is no longer warranted, based on the specific geologic conditions once the full depth of excavations has been reached, they may recommend that monitoring be reduced to periodic spotchecking or ceased entirely. Monitoring shall be reinstated if any new ground disturbances are required, and reduction or suspension shall be reconsidered by the Qualified Paleontologist at that time. In the event of a fossil discovery by the paleontological monitor or construction personnel, all work in the immediate vicinity of the find shall cease. A Qualified Paleontologist shall evaluate the find before restarting construction activity in the area. If it is determined that the fossil(s) is (are) scientifically significant, the Qualified Paleontologist shall complete the following conditions to mitigate impacts to significant fossil resources:
a. Salvage of Fossils. If fossils are discovered, the paleontological monitor shall have the authority to halt or temporarily divert construction equipment within 50 feet of the find until the monitor and/or lead paleontologist evaluate the discovery and determine if the fossil may be considered significant. Typically, fossils can be safely salvaged quickly by a single paleontologist and not disrupt construction activity. In some cases, larger fossils (such as complete skeletons or large mammal fossils) require more extensive cdd:420-46/Resolution-PC/pz (FILE ID: DP 2021-70214)

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Item No. 8A
CONDITIONS OF APPROVAL FOR LU 2021-70215; Z 2021-70216; SP 2021-70397; DAGR 2021-70399; DP 2021-70214; LLA 2021-70398; PTP 2021-70400; and EIR 2021- 70442
excavation and longer salvage periods. Bulk matrix sampling may be necessary to recover small invertebrates or microvertebrates from within paleontologically sensitive deposits.
b. Preparation and Curation of Recovered Fossils. Once salvaged, significant fossils shall be identified to the lowest possible taxonomic level, prepared to a curation-ready condition, and curated in a scientific institution with a permanent paleontological collection, along with all pertinent field notes, photos, data, and maps. Fossils of undetermined significance at the time of collection may also warrant curation at the discretion of the Qualified Paleontologist.

Final Paleontological Mitigation Report. Upon completion of ground disturbing activity (and curation of fossils if necessary) the Qualified Paleontologist shall prepare a final report describing the results of the paleontological monitoring efforts associated with the project. The report shall include a summary of the field and laboratory methods, an overview of the project geology and paleontology, a list of taxa recovered (if any), an analysis of fossils recovered (if any) and their scientific significance, and recommendations. The report shall be submitted to the City of Thousand Oaks. If the monitoring efforts produced fossils, then a copy of the report shall also be submitted to the designated museum repository.

30. HAZ-1 Regulatory Agency Notification and Approval: Prior to the issuance of any demolition or grading permits, the project applicant shall contact the Ventura County Environmental Health Division (VCEHD) to discuss the proposed redevelopment project, the proposed change to residential land use, the known hazardous material soil, soil vapor, and groundwater impacts onsite, and the adjacent closed release case at 395 Hampshire Road (Shell Station - Case #02004 ). The project applicant shall provide VCEHD with the proposed site use plans regarding the conversion of commercial land use to residential land use and discuss the onsite presence of groundwater impacted by volatile organic compounds (VOCs) at the proposed residential development. The project applicant shall provide the City Planning Department with copies of all communications to and from VCEHD.

VCEHD may require the project applicant or the adjacent property owner to conduct additional investigation/studies, including, but not limited to, soil vapor, soil, and/or groundwater investigations, which could help delineate the extent of contaminated soil, soil vapor, and groundwater and allow for the proposed project to be designed in a manner to avoid or minimize cdd:420-46/Resolution-PC/pz (FILE ID: DP 2021-70214)

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impacts to proposed construction and operation of the residential development.

31. HAZ-2 Regulatory Agency Voluntary Oversight Agreement: Prior to issuance of a grading permit, the applicant shall enter into a Voluntary Oversight Agreement with VCEHD to provide regulatory oversight of identified releases at the project site. VCEHD shall be utilized for agency oversight of assessment and remediation within the site through completion of building demolition, subsurface demolition, and construction the proposed project. Additionally, the project applicant shall notify the VCEHD project manager of the following:
• Current development plan and any modifications to the development plan.
• All written documents concerning hazardous material impacts to soil, soil vapor, and or groundwater, including, but not limited to, Phase I ESAs, Phase II ESAs, geophysical surveys, and other subsurface investigations.
• All former environmental documents completed for the project site, including this EIR.
• Other documents, as requested by VCEHD.

Upon notification of the information above, VCHED could require actions such as: development of subsurface investigation workplans; completion of soil vapor, soil, and/or groundwater investigations; installation of soil vapor or groundwater monitoring wells; soil excavation and offsite disposal; completion of human health risk assessments; and/or completion of remediation reports or case closure documents. The project applicant shall retain a qualified environmental consultant, California Professional Geologist (PG) or California Professional Engineer (PE), to prepare the documents required by VCEHD.

If groundwater wells or soil vapor monitoring probes are identified during demolition, subsurface demolition, or construction at the project site, they shall be abandoned per City of Thousand Oaks Public Works Department specifications. Abandonment activities will be documented in a letter report submitted to VCEHD within 60 days of the completion of abandonment activities.
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The VCEHD closure and agency approval documents shall be submitted to the City Planning Department prior to issuance of grading permits.

It should also be noted that VCEHD may determine that the Los Angeles Regional Water Quality Control Board (LARWQCB) or California Department of Toxic Substances Control (DTSC) may be best suited to perform the lead agency duties for assessment and/or remediation at the project site. Should the lead agency be transferred to LARWQCB or DTSC, this and other mitigation measures would still apply.

32. HAZ-3 Site Management Plan for Impacted Soils, Soil Vapor and/or Groundwater: The project applicant shall retain a qualified environmental consultant (PG or PE) to prepare a Soil and Groundwater Management Plan prior to construction. The Soil and Groundwater Management Plan, or equivalent document, shall address onsite handling and management of impacted soils, soil vapor, groundwater, or other impacted wastes, and reduce hazards to construction workers and offsite receptors during construction. The plan must establish remedial measures and/or soil management practices to ensure construction worker safety, the health of future workers and visitors, and the off-site migration of contaminants from the project site. These measures and practices may include, but are not limited to:
• Stockpile management including stormwater pollution prevention and the installation of BMPs.
• Proper handling and disposal procedures of contaminated building materials, soil, and groundwater.
• Monitoring and reporting.
• A health and safety plan for contractors working at the project site that addresses the safety and health hazards of each phase of site construction activities with the requirements and procedures for employee protection.

The health and safety plan shall also outline proper soil handling procedures and health and safety requirements to minimize worker and public exposure to hazardous materials during construction.

VCEHD shall review and approve the Soil and Groundwater Management Plan prior to demolition and grading (construction). The project applicant cdd:420-46/Resolution-PC/pz (FILE ID: DP 2021-70214)

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shall review and implement the Soil and Groundwater Management Plan prior to demolition and grading (construction).

Evidence of the review and approval by VCEHD shall be provided to the City Planning Department and City Engineers prior to the issuance of any demolition or grading permits.

33. HAZ-4 Remediation: If soils within the construction envelope at the development site contain chemicals at concentrations exceeding hazardous waste screening thresholds for contaminants in soil (California Code of Regulations [CCR] Title 22, Section 66261.24 ), the project applicant shall retain a qualified environmental consultant (PG or PE) to conduct additional analytical testing and recommend soil disposal recommendations, or consider other remedial engineering controls, as necessary.

The qualified environmental consultant shall utilize the development site analytical results for waste characterization purposes prior to offsite transportation or disposal of potentially impacted soils or other impacted wastes. The qualified environmental consultant shall provide disposal recommendations and arrange for proper disposal of the waste soils or other impacted wastes (as necessary), and/or provide recommendations for remedial engineering controls, if appropriate.

Remediation of impacted soils and/or implementation of remedial engineering controls may require additional delineation of impacts; additional analytical testing per landfill or recycling facility requirements; soil excavation; and offsite disposal or recycling.

VCEHD will review and approve the disposal recommendations prior to transportation of waste soils offsite, and review and approve remedial engineering controls, prior to construction. The project applicant shall review the disposal and remedial engineering control recommendations prior to the issuance of any demolition permits. The project applicant shall implement the disposal recommendations and implement the remedial engineering controls during demolition/construction.

Evidence of the review and approval by VCEHD shall be provided to the City Planning Department and City Engineering Department prior to the issuance of any demolition or grading permits.

34. HAZ-5 Vapor Mitigation System: VCEHD may require the installation of a sub-slab vapor barrier system at the proposed project. The project applicant cdd:420-46/Resolution-PC/pz (FILE ID: DP 2021-70214)

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shall retain a qualified environmental consultant (PG or PE) or other qualified person to prepare a sub-slab vapor barrier system design for the proposed project. The plan may include, but is not limited to:
• Design specifications
• Material specifications
• Installation requirements
• Monitoring requirements
The project applicant shall incorporate a sub-slab vapor barrier system during construction, the implementation of which would reduce the potential for soil gas VOCs from migrating to indoor air within the residential building.

VCEHD will review and approve the sub-slab vapor barrier system prior to construction.

Evidence of the review and approval by VCEHD shall be provided to the City Planning Department and City Engineers prior to the issuance of any demolition or grading permits.

35. NOl-1 Construction Noise Reduction Measures:
• Temporary construction barriers along the southern edge of the project site facing the Westlake Villas multifamily residences at 575 Hampshire Road and along the northwestern edge of the project facing the Windsor Terrace of Westlake Village convalescent home at 250 Fairview Road shall be in place during the Project construction (including demolition, grading, and site preparation), when heavy construction equipment is used, excluding areas where gaps in the barrier are necessary for access. The barrier shall be least 12 feet in height above the project site existing grade level and constructed of a material with a Sound Transmission Class (STC) rating of at least STC-31 (such as acoustic panels or sound barrier products) or a transmission loss of at least 21 dB at 500 hertz (such as 3/4-inch plywood), which would provide an insertion loss (net barrier reduction) of up to 11 dB at the convalescent home and multifamily residences.
• Power construction equipment (including combustion engines), fixed or mobile, shall be equipped with state-of-the-art noise shielding and muffling devices (consistent with manufacturers' standards). All equipment shall be properly maintained to assure that no additional cdd:420-46/Resolution-PC/pz (FILE ID: DP 2021-70214)

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DAGR 2021-70399: DP 2021-70214: LLA 2021-70398: PTP 2021-70400: and EIR 2021- 70442
noise, due to worn or improperly maintained parts, would be generated.
• With the exception of excavation equipment, grading and construction contractors shall use rubber-tired equipment rather than metal-tracked equipment.
• The use of on-site electrical power shall be preferred to the use of stationary construction equipment such as generators or air compressors. If stationary construction equipment would be used on site for more than one hour in a day, such equipment shall be placed as far as possible from off-site sensitive receivers. Stationary construction equipment shall also be shielded by either noise blankets or by temporary noise barriers at least three feet taller and six feet wider than the noise source.
• Construction staging and delivery areas shall be located towards the center of the property and a minimum of 100 feet from the project lines.
• The project applicant shall post a notice at the construction site. The notice shall contain information on the type of project, anticipated duration of construction activity, and provide a phone number where people can register questions or complaints. The notice shall be posted no later than 72 hours prior to the planned activity. • Based on areas of construction noise impacts, the Little Dreamers Early Childhood preschool, the Windsor Terrace of Westlake Village convalescent home, the single-family residences and multifamily communities to the west (along Foothill Drive, south of Fairview Road), and the Westlake Villas apartment community to the south shall be informed via mail and posting at the site of the anticipated start date, duration, noise impact, and other pertinent information prior to the construction of the project. Notification shall also include a phone number where people can register questions or complaints.

Notification shall also be delivered no later than 72 hours prior to the planned activity.
• An on-site construction manager shall be responsible for responding to local complaints about construction noise. All notices that are sent to sensitive receivers and all signs posted at the construction site shall list the telephone number for the on-site construction manager. cdd:420-46/Resolution-PC/pz (FILE ID: DP 2021-70214)

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• Construction supervisors shall be informed of project-specific noise requirements, noise issues for sensitive land uses adjacent to and near the project construction site, and/or equipment operations to ensure compliance with the required regulations and best practices.

36. NOl-2 Construction Equipment Vibration Restrictions • Large bulldozers or similar equipment shall not operate within eight feet of the Shell Gas Station, smaller equipment shall be substituted within this distance.
• As the medical office building could potentially experience temporary construction-related and intermittently "strongly perceptible" vibration from vibratory/sonic pile driving activity occurring within 36 feet of the building, the developer shall give prior notice to that facility of any such activity within that distance, the developer shall provide evidence of notification to the City Planning Department prior to initiation of pile driving activities.
• Vibratory pile driving activity within 36 feet of the medical office building shall be scheduled during times outside of its hours of operation. Large bulldozers or similar equipment shall not operate within 24 feet of the preschool building, the Windsor Terrace of Westlake Village convalescent home, or the medical office building, with smaller equipment substituted within this distance.

LOT LINE ADJUSTMENT

37. Deed Recordation - Unless Owner is provided additional time in Development Agreement No. 2021-70399, the Lot Line Adjustment approval is granted for a three (3) year period of time ending June 13, 2025, at which time said Lot Line Adjustment shall expire unless the new deed has been recorded or filed in a timely manner as set forth in the conditions below. The applicant may request a 2-year time extension, as allowed by TOMC Section 9-3.704(b ), by filing a minor modification application with the Community Development Department prior to the expiration date.

38. Monumentation/Well Monuments - The engineer or surveyor shall set Standard Well Monument(s) at locations designated by the City's Registered Surveyor, per the County of Ventura Standard Drawings Plate E-4. A minimum of four (4) ties shall be required for each Centerline monument. The remaining monuments shall be set in accordance with the cdd:420-46/Resolution-PC/pz (Fl LE ID: DP 2021-70214)

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standards described in Subdivision Map Act, Land Surveyor Act and the City of Thousand Oaks Subdivision Ordinance.

39. Map Changes/Modifications - Any minor change to the Lot Line Adjustment may be approved by the Community Development Department, but any substantial change will require the filing of a modification application.

DEVELOPMENT PERMIT (DP) 2021-70214

SETBACKS, HEIGHTS, BUILDING

ARCHITECTURAL TREATMENT

MATERIALS, OPEN SPACE,

40. Standards - All development standards shall be satisfied to include the following per the submitted plan, as allowed by SP-22:

DEVELOPMENT STANDARD REQUIRED SETBACKS PROPOSED

MIXED-USE BUILDING A
Side Yard (south) 25 Feet Min.* 40 Feet
Side Yard (north) 15 Feet Min. 15 Feet
Rear Yard (west) 25 Feet Min.** 25.5 Feet
Front Yard (east)
1 st Floor 10 Feet Min 14 Feet
4 th Floor 30 Feet Min. 56.9 Feet

MIXED-USE BUILDING B
Side Yard (south) 20 Feet Min. 33.25 Feet
Side Yard (north) 25 Feet Min.* 32.25 Feet
Rear Yard (west) 10 Feet Min.* 15 Feet
Front Yard (east)
1 st Floor ·10 Feet Min 18 Feet
4 th Floor 30 Feet Min. 34 Feet

TOWNHOME BUILDINGS
Side Yard (south) 20 Feet Min. 25 Feet
Side Yard (north) 15 Feet Min 50 Feet
Rear Yard (west) 15 Feet Min. 49.58 Feet
Front Yard (east) 10 Feet Min.* 11.5 Feet
Parking Lot Landscaping (s.f.) 2,392 (10%) 4,582 (19%)
*Per SP-22, minimum setback to access drive.
** PeF SP-22, 25-foot minimum setback to townhome building.

41. Phasing - The project shall be graded and improved with the proposed townhomes and surrounding open spaces and amenities, on-site main line utilities, access and circulation aisles, and any associated off-site public cdd:420-46/Resolution-PC/pz (FILE ID: DP 2021-70214)

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infrastructure improvements within the time frame of the first phase (Phase 1) at a minimum if applicant decides to break the project construction into two phases; if the applicant wants to use two phases, the project shall be graded and improved with construction of the proposed mixed-use podium buildings A and B, parking structures, on-site main line utilities, access and circulation aisles, and any associated off-site public infrastructure improvements in the second phase (Phase 2). The project shall be completed in a maximum of two (2) phases as specified and in accordance with the parameters contained in the recorded Development Agreement (DAGR 2021-70399). Owner has the option to complete the entire project within one phase.

42. Architectural Building Design - The architectural design shall comply with SP-22 and with the building elevation plans as shown in the exhibits labeled "Project Plan Set," date stamped May 3, 2022.

43. Building Wall Treatment - The building walls shall incorporate architectural treatment to create a visually interesting appearance as viewed from the surrounding properties and scenic corridors. The treatment shall include, but is not limited to, incorporating decorative finish materials, vertical and horizontal variation and decorative window trim. The design shall comply with SP-22 and the building elevation plans as shown in the exhibits labeled "Project Plan Set," date stamped May 3, 2022.

44. Exterior Building Colors/Materials - All exterior materials and colors depicted on the exhibits labeled "Project Plan Set," date stamped May 3, 2022 are approved in concept only. Prior to the issuance of a building and/or grading permit, a final color and materials sample board, including, but not limited to, specific materials and paint manufacturer colors, shall be submitted for the review and approval by the Community Development Department. The applicant shall indicate the type of finish on the revised plans and materials and colors sample board.

45. Building Height Mixed-Use Buildings - Average building height shall not exceed 50 feet as prescribed by SP-22 and constructed as depicted on the conceptual elevation plan contained in the exhibits labeled "Project Plan Set," dated May 3, 2022.

46. Building Height Townhome Structures - Average building height shall not exceed 35 feet, as prescribed by SP-22 and constructed as depicted on the conceptual elevation plan contained in the exhibits labeled "Project Plan Set," dated May 3, 2022.
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CONDITIONS OF APPROVAL FOR LU 2021-70215: Z 2021-70216: SP 2021-70397:

DAGR 2021-70399: DP 2021-70214: LLA 2021-70398: PTP 2021-70400: and EIR 2021- 70442
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47. Roof Access - Roof access shall be provided from within the interior of the building. Exterior roof ladders, visible from public view, are prohibited.

48. Downspouts - The downspouts on the exterior of the buildings within public view shall be concealed within the building walls, and shall be subject to the review and approval of the Community Development Department.

49. Roof-Mounted Mechanical Equipment - All roof-mounted mechanical equipment, including air conditioning, roof fans and any other similar equipment as well as roof ladders shall be located within the mechanical equipment enclosures as depicted on "Project Plan Set," date stamped May 3, 2022. Said equipment shall be screened from public view including Hampshire Road, Foothill Drive (along south property line), 101 Freeway, and from adjacent properties within the project site. In the event such mechanical equipment cannot be entirely screened from public view along Hampshire Road, Foothill Drive (along south property line), 101 Freeway, said equipment shall be ground mounted. Roof screening treatment shall be designed in a manner that is integrated with the building design. Prior to the issuance of a building permit, final detailed building section drawings and details including mechanical equipment manufacturer's catalogue cuts, brochures, specifications as well as roof equipment locations shall be submitted for the review and approval by the Community Development Department.

50. Surface-Mounted Mechanical Equipment - All surface-mounted mechanical equipment, including transformers, terminal boxes or meter cabinets, shall be screened by landscaping or decorative enclosure to match the materials and colors of the new building, unless otherwise approved by the Community Development Department and other City utility providers.

51. Certified As-Built Grading - Prior to issuance of a building permit, a rough grading completion certification on the City standard form shall be prepared and signed by the applicant's Civil Engineer and submitted to the Public Works Department. Said certificate shall state that the graded pad design and pad elevations are consistent with the pad elevation and grading details shown on the conceptual grading plan, and grading plan/exhibits labeled "Project Plan Set," date stamped May 3, 2022.

52. Exporting/Importing Earth Materials -Any exporting or importing of earth material and debris shall be authorized by permit issued by the Public Works Department. The developer shall comply with an approved haul route cdd:420-46/Resolution-PC/pz (FILE ID: DP 2021-70214)

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to and from the project site and shall coordinate the hauling of this material with the Public Works and Community Development Departments to minimize traffic disruptions and disturbances to the project area. The exporting and importing of any earth materials to new sites within the jurisdiction of the City of Thousand Oaks shall be subject to the review and approval by the Planning Commission unless such sites have previously been approved for development with an active entitlement, and said grading is in accordance with Public Works Department approved plan for the project.

53. Backflow Device - Any proposed backflow device shall be screened from public view, subject to review and approval by the Community Development and Public Works Departments.

54. APCD Permit - The applicant shall obtain all necessary clearances from the Ventura County Air Pollution Control District (APCD) prior to beginning any construction activity.

55. Final Detailed Grading, Paving and Drainage Plan Submittal - Prior to issuance of a grading permit, a final detailed grading, paving and drainage plan demonstrating compliance with all imposed conditions of this Development Permit shall be submitted for review and approval by the Community Development and Public Works Departments.

56. Manufactured Slope Height - No new manufactured slope shall exceed twenty-five (25') feet in height. Prior to the issuance of a grading permit a final grading plan shall be submitted for review reflecting compliance with this requirement.

57. Manufactured Slope Contour Grading Techniques - All manufactured slopes shall be designed to include rounded top sections and shall incorporate contour grading techniques subject to approval by the Community Development Department.

58. City's Recycling Program - The project's owner shall participate in the City of Thousand Oaks recycling program, which collects cardboard, plastics, glass and mixed paper and shall attempt to use post-consumer building materials (recycled products) whenever possible in the construction of the project.
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CONDITIONS OF APPROVAL FOR LU 2021-70215; Z 2021-70216; SP 2021-70397; DAGR 2021-70399; DP 2021-70214; LLA 2021-70398; PTP 2021-70400; and EIR 2021- 70442

ACCESS AND CIRCULATION

59. Reciprocal Driveways - A reciprocal driveway easement or owner's covenant with improvement and maintenance rights satisfactory to the City Attorney shall be recorded with the County Recorder's Office for the common driveway granted as a part of the subject lot line adjustment. Said easement shall describe an unobstructed area, with a length and width equal to the respective driveway opening, to the satisfaction of the Public Works Director. A copy of the said recorded document shall be submitted to the City Engineer.

PARKING, ACCESS, AND DRIVEWAY

60. Required Parking - At least 802 total parking spaces shall be provided for the project. A minimum of 683 residential parking spaces, as shown on site within "Project Plan Set," date stamped May 3, 2022. Commercial parking spaces shall be provided as required by SP-22. The number of required parking spaces is based upon the parking requirements for multi-family residential per TOMC Section 9-4.2402(a)(4) and SP-22. All parking spaces and driveway aisles shall be designed in accordance with Section 9.4-2404 of the Municipal Code and SP-22. Any minor change to parking or future development on the subject property shall be reviewed and evaluated by the Community Development Department. Any substantial change may require the filing of a modification application to be considered by the Planning Commission.

61. Multi-Family Residential Compact Parking - Maximum permitted compact parking spaces shall not exceed thirty-five percent (35%) parking spaces based on the total parking requirements as indicated under Section 9-4.2404(d)(1 )(i). No overhang compact parking space shall be permitted within five feet (5') of any vertical obstruction.

62. Commercial Compact Parking - Maximum permitted compact parking spaces shall not exceed twenty-five percent (25%) parking spaces based on the total parking requirements as indicated under Section 9-

4.2404(d)(1 )(iii). No overhang compact parking space shall be permitted within five feet (5') of any vertical obstruction.

63. Parking Stall Dimensions - The dimensions and design of all parking stall shall be installed as required in Article 24, Chapter 4, of Title 9 of the· Thousand Oaks Municipal Code.
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64. Driveway- The design of the driveway and transitions are subject to review and approval of Community Development and Public Works Departments.

65. Access Driveway - Decorative paving material shall be provided at proposed access driveways along Hampshire Road and Foothill Drive. The design of this decorative paving treatment shall be subject to review and approval by the Community Development Department.

66. Driveway and Parking Lot Grades - The driveway and parking lot shall be designed as depicted on grading within "Project Plan Set," date stamped May 3, 2022. The driveways shall not exceed a gradient of seven percent (7%) as specified under Section 9-4.2405(a)(1 )(iii)(ab) of the Municipal Code, unless otherwise approved by the Community Development and Public Works Departments.

LANDSCAPING, FENCES, AND WALLS

67. Landscape Design Compliance/Approval -All landscaping and irrigation improvements shall be designed and installed in accordance with the City's Guidelines and Standards for Landscape Planting and Irrigation (Resolution No. 2007-116). All landscape plans shall demonstrate compliance with the State of California Model Water Efficiency Landscape Ordinance (MWELO).

Prior to the issuance of a grading permit and building permits, complete landscape and irrigation plans reflecting compliance with all imposed conditions of project entitlements shall be submitted under separate permit for review and approval. Said plans shall be subject to review and approval by the Community Development and Public Works Departments. The location of light fixtures shall be shown on the landscape plans to ensure no conflict occurs between placement of trees/shrubs and light fixtures and to avoid plant growth interference with the level of illumination. The use of reclaimed water for landscaping where available is encouraged.

68. Manufactured Slope Landscaping -In accordance with the City's Grading Ordinance (TOMC Section 7-3.24 ), all new manufactured slopes shall be landscaped with drought resistant native plants materials including tree clusters and ground cover and provided with a permanent irrigation system throughout. Landscaping and an irrigation system shall be installed six (6) months following the completion of grading for the project. Prior to the issuance of a grading permit, landscaping and irrigation plans shall be submitted under separate permit for review and approval by the Community Development and Public Works Departments.
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CONDITIONS OF APPROVAL FOR LU 2021-70215; Z 2021-70216; SP 2021-70397; DAGR 2021-70399; DP 2021-70214; LLA 2021-70398; PTP 2021-70400; and EIR 2021- 70442

69. Landscaping and Irrigation - All landscaping shall be designed using xeriscaping techniques; i.e. drought-tolerant low water-using plants and as allowed in SP-22. The use of lawn, grasses, and turf shall be minimized.

Landscape irrigation systems shall likewise be designed using low-output sprinklers and/or drip automatic timed controls.

70. Landscape Planters - All landscape planters and fingers shall be planted with shrubs, trees and flowers subject to the review and approval of the Community Development Department.

71. Final Landscape Plans - The submitted preliminary landscape plan is approved in concept only. Prior to the issuance of a grading and building permit, final construction landscape and irrigation plans reflecting compliance with all imposed conditions of project entitlements shall be submitted under separate permit for review and approval by the Community Development Department through a Landscape Plan Check application.

Any landscape and irrigation improvements shall be designed and installed in accordance with the City's Guidelines and Standards for Landscape Planting and Irrigation Plans (Resolution No. 2007-116).

72. Parking Lot Screen Wall - A combination forty-two (42") high decorative headlight screen wall and undulated berming is required anywhere parking spaces face the street. Said wall shall be decorative incorporating the design and materials utilized on the buildings. A flat shoulder shall be provided from the end of the parking stalls and on both sides of the screen wall to allow room for car overhang and the installation of landscaping in front of the wall. Additional landscaping in lieu of the screen wall may be approved if it can be demonstrated that the parking lot can be adequately screened. Specific design of mounding and screen wall including landscaping planting shall be subject to the review and approval of the Community Development Department and the Public Works Department prior to the issuance of a grading and building permit.

73. Screen Walls - Screening walls facing Hampshire Road and Foothill Drive (along south property line) shall incorporate articulation and include a decorative cap. Such articulation may include landscaping hedges, pilasters, varying wall depths, etc. Prior to the issuance of a grading permit, such design shall be submitted for review and approval by the Community Development and Public Works Department.
7 4. Restriction of Light Poles - Light poles are prohibited at the ends of landscape fingers.
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Thousand Oaks City CouncilJune 14, 2022

Thousand Oaks City Council
June 14, 2022