Thousand Oaks City Council
June 28, 2022

ORD. NO. 1700-NS
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 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 Item No.7L
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Property. Owner shall be entitled to fee credits where Owner demonstrates credits should be applied.

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.

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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 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 Item No.7L
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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 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.

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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 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 Item No.7L
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measures, obligations, requirements or restrictions contained in the Agreement violate any California statutory requirements, constitute an abuse of the police power, violate 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.

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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.

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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.7L
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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.7L
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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.

Item No.7L
cdd:600-60\420-46\City Council Ord-02\pz (FILE ID: DAGR 2021-70399)

ORD. NO. 1700-NS
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.

Item No.7L
cdd:600-60\420-46\City Council Ord-02\pz (FILE ID: DAGR 2021-70399)

ORD. NO. 1700-NS
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)
Item No.7L
cdd:600-60\420-46\City Council Ord-02\pz (FILE ID: DAGR 2021-70399)

ORD. NO. 1700-NS
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)
Item No.7L
cdd:600-60\420-46\City Council Ord-02\pz (FILE ID: DAGR 2020-70273)

EXHIBIT “A”
Legal Description of Property
Item No.7L
cdd:600-60\420-46\City Council Ord-02\pz[File ID DAGR 20-70273]

EXHIBIT “B”
Site Plan
Item No.7L
cdd:600-60\420-46\City Council Ord-02\pz[File ID DAGR 20-70273]

EXHIBIT “C”
Project Plan Set dated May 3, 2022
Item No.7L
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EXHIBIT “D”
Conditions of Approval
Item No.7L
cdd:600-60\420-46\City Council Ord-02\pz[File ID DAGR 20-70273]

EXHIBIT “E”
Greens Initiative Outline for T.O. Ranch
Item No.7L
cdd:600-60\420-46\City Council Ord-02\pz[File ID DAGR 20-70273]

EXHIBIT “F”
2022 Ventura County Income Limits Chart
Item No.7L
TO: Andrew P. Powers, City Manager
FROM: Kelvin Parker, Community Development Director
DATE: June 28, 2022
SUBJECT: Multi-family Residential Apartments and Parking Structure at 1 Baxter Way (APNs: 680-0-230-695 and 680-0-230-715)
RECOMMENDATION:

1. Adopt resolution certifying the Final Environmental Impact Report (FEIR) 2021-71100 and associated Mitigation Monitoring and Reporting Program prepared in accordance with the California Environmental Quality Act (CEQA) for the subject project, approve Development Agreement 2022- 70052 to specify public and private benefits and responsibilities related to the project, and approve General Plan Land Use Amendment 2019-70563 to change the General Plan land use designation for the 8.8-acre residential portion from Industrial to High Density Residential 15-30 dwelling units per net acre; Zone Change 2021-70556 to change zoning designation of Industrial Park (M-1) to Specific Plan 23 (SP 23); Specific Plan 2021-71106 to establish specific development standards for the project; Residential Planned Development 2021-70558 to construct 264 residential units and associated development; Development Permit 2022-70098 for the proposed four-story parking structure; Land Division 2021-70557 to establish two legal lots of record; and Protected Tree Permit 2021-70559 to allow the removal of three coast live oak (Quercus agrifolia) trees, two valley oak (Quercus lobata) trees, and 26 California sycamore (Platanus racemosa) trees and encroachment into the protected zone of one California Black Walnut (Juglans californica), nine valley oak trees, 35 California sycamore trees, and 54 coast live oak trees.

2. Read ordinances in title only, further reading be waived, and, if no objection, introduce ordinance adopting SP 23 (1 Baxter Way), and its associated General Plan Amendment, and authorizing the land uses and development standards in said Specific Plan and introduce ordinance approving Development Agreement (DAGR) 2022-70052.

FINANCIAL IMPACT:

No Additional Funding Requested. Costs are limited to staff time to process the entitlements and to prepare this report, which are offset by the filing fees paid by the applicant and are included in the Adopted FY 2021-22 General Fund. Staff time expended to prepare and process the permits and Environmental Impact Report Item No. 8A
Multi-family Residential Apartments and Parking Structure at 1 Baxter Way June 28, 2022

(EIR) was billed to the applicant in accordance with the City’s Adopted Fee Schedule.

BACKGROUND:

The project site consists of two parcels totaling 42.9 acres at 1 Baxter Way, generally located north of US 101 Freeway, south of Thousand Oaks Boulevard, and west of Lakeview Canyon Road (Attachments #1, #2, and #3). A resolution, ordinances, and development agreement in support of the project are included as Attachments #4, #5, and #6.

On February 23, 2021, City Council authorized a Residential Capacity Allocation (RCA) and initiation of a General Plan Amendment for the above project, which allocated 264 multi-family units for the residential portion of the project.

On May 6, 2021, a Pre-Application was submitted. Staff met with the applicant and provided development requirements and other project specifics.

On August 31, 2021, the applicant team began submitting the subject formal applications to construct the proposed multi-family residential and parking structure development.

On June 13, 2022, the Planning Commission conducted a properly-noticed public hearing, received oral and written evidence, including a staff report, and arguments from all interested parties appearing in the matter. The Planning Commission voted (4 pro, 0 con) recommending City Council approve the project and certify the FEIR prepared for the project (Attachment #7).

DISCUSSION/ANALYSIS:

This discussion provides a broad overview of the project components and details.

Focused and detailed discussion and evaluation on the project are contained in the June 13, 2022 Planning Commission staff report (Attachment #8). Included as attachments to the Planning Commission staff report are:

Attachment #1 – Vicinity Map
Attachment #2 – Location Map
Attachment #3 – Aerial Photo
Attachment #4 – Resolution
Attachment #5A – GPA and SP-23 Ordinance
Attachment #5B – DAGR 2022-70052 Ordinance
Attachment #6 – Project Plans, dated April 13, 2022
Attachment #7 – Protected Tree Report, dated April 13, 2022 Attachment #8 – Draft EIR (DEIR)
Attachment #9 – CEQA Findings (MMRP/RTC)
Attachment #10 – Development Agreement
Item No. 8A
Multi-family Residential Apartments and Parking Structure at 1 Baxter Way June 28, 2022

Project Evolution
At the February 23, 2021 Pre-Screen meeting, City Council authorized allocation of Measure E residential units, and in response to direction by City Council, the applicant refined the project as follows:

1. Increased total proposed affordable units from 29 to 34 affordable. Of these, five (5) units were added to the low-income category, resulting in 16 very low-income and 18 low-income affordable residential units.

Subsequently, after the allocation of units and submittal of development applications, City staff reviewed and evaluated the project and provided comments, and in response the applicant further refined the project as follows:

1. Additional amenities were added to the project, including a dog park and a learning/tutoring room for exclusive use by the residents; and

2. Additional sustainable features were added to the project, including rooftop solar, all electric appliances, Electric Vehicle (EV) parking, bicycle storage, and designated ride share location.

Development Permit Submittal
The initial concept considered by City Council on February 23, 2021, included four multi-family residential buildings on the northern portion of the site and one parking structure on the southwestern portion of the site. Paseos, walkways, pedestrian trails, pocket parks, dog park, outdoor children’s play area, recreation/community room, community pool with terrace and barbeque area, fireplace, clubhouse/gym, courtyards, roof top terraces, and other amenities are proposed in the project area.

Figure 1 demonstrates the original concept configuration.

Figure 1: Original Project Proposal
Item No. 8A
Multi-family Residential Apartments and Parking Structure at 1 Baxter Way June 28, 2022

Modified Project
Through the evaluation process, various refinements to the original concept occurred, including project modifications recommended by City Council. This modified plan maintains a multi-family residential and parking structure project that would be developed on a site with an existing industrial office and associated improvements. In response to City Council comments and feedback, several project features were modified. The applicant modifications to the project include additional open space between the residential buildings and parking structure, more sustainable features, and enhanced architectural features. Enhanced architectural features include, but are not limited to, building articulation in the form of building relief by way of recessed windows, horizontal and vertical façade articulation, and material and color transitions.

The project would be constructed in two phases. In Phase 1, the project would be graded and improved with the proposed parking structure, on-site main line utilities, access and circulation aisles, and any associated off-site public infrastructure improvements within the designated time frame; and in Phase 2 the project would be graded and improved with construction of the proposed residential buildings, on-site main line utilities, access and circulation aisles, and any associated off-site public infrastructure improvements (Figure 2).

Figure 2: Modified Site Plan – Current Proposal
Item No. 8A
Multi-family Residential Apartments and Parking Structure at 1 Baxter Way June 28, 2022

The key project design refinements as demonstrated in Figures 3 and 4 include:
• Expanded common open space to include dog park and dedicated children’s play area.
• Improved internal vehicular and pedestrian circulation for the main access road bisecting the residential and industrial components. Improvements include meandering access road with raised crosswalks.
• Increased residential unit count from 240 to 264, a total of five (5) additional affordable units were added because of the increased unit count. • A learning/tutoring room for children residing in the apartments. The learning/tutoring room consists of a 120 square foot (s.f.) area, serving as a multi-purpose space similar to other on-site amenities (i.e. community room, dog park, gym). It should be noted that the learning/tutoring room is not a commercial, school, or similar use, which would require additional evaluation and entitlement(s).
• Additional sustainable features: six percent (6%) industrial parking spaces for EV, five percent (5%) residential parking spaces dedicated to EV, charging stations for EV bicycles, long-term residential bicycle storage (0.5 spaces per residence), dedicated parking space for car sharing program, and all new appliances shall be electric.

Figure 3: Residential Buildings – Current Proposal
Item No. 8A
Multi-family Residential Apartments and Parking Structure at 1 Baxter Way June 28, 2022

Figure 4: Open Space – Current Proposal
In addition to the well-designed site plan, provision of affordable housing, open space and on-site amenities, other notable features of the project include:

1. Architectural Design: The project features substantial façade elements such as cement and metal panel siding, multi-pane windows, recessed vinyl windows, decorative window trim, roof cornice, transparent panel railing, vertical and horizontal articulation, and roof line variation resulting in a visually interesting and attractive design.

2. Open Space: Within the 8.8-acre residential portion of the project, approximately 10.5 percent (40,593 s.f.) of the project site is devoted to exterior common open space and four percent (14,915 s.f.) is devoted to private open space. It should be noted that several internal pedestrian pathways provide connectivity throughout the site and to surrounding properties, including The Promenade at Westlake shopping center to the west. The open space and pedestrian pathways not only provide connectivity to surrounding retail, offices, transit, and schools, but also serve as buffers between the residential and industrial components of the project.

3. Affordable Units: The project includes 34 affordable apartments (13 percent of the 264 base units), with 16 affordable units for very low-income residents (income less than 50 percent of Ventura County median income) and 18 affordable residential units for low-income residents (income less than 80 percent of Ventura County median income). The affordable units will be Item No. 8A
Multi-family Residential Apartments and Parking Structure at 1 Baxter Way June 28, 2022

allocated across the project’s unit mix with four (4) studio units, eight (8) one-bedroom units, and four (4) two-bedroom units dedicated to very lowincome residents, and five (5) studio units, eight (8) one-bedroom units, and five (5) two-bedroom units dedicated to low-income residents. These units will be mixed within market-rate units of the residential buildings with no discernable difference between unit types. All affordable units will be restricted to very low and low-income for 55 years.

Development Agreement (DAGR 2022-70052)
A DAGR is required for approval of projects that are allocated Measure E units.

This agreement is a contract between the property owner and the City to ensure specific deliverables and site expectations are in place to ensure public benefit, such as the inclusion of affordable units, site improvements, certain number of residential units, open space, and commercial uses. Thousand Oaks Municipal Code Section 9-11.01 et seq. outlines the process for implementation of a development agreement. The applicant’s representatives and staff have worked together to prepare an agreement in compliance with the Municipal Code that identifies public and private benefits and responsibilities. An overview of the DAGR is provided in the Planning Commission staff report (Attachment #8), with the entire DAGR provided as Attachment #9 to this report.

Environmental Review (CEQA)
In accordance with CEQA, the City (as the Lead Agency) performed a comprehensive evaluation of the potential environmental impacts for this project.

This evaluation determined that the project could have a significant effect on the environment without appropriate mitigation measures in place, therefore an EIR (Attachment #11) was prepared for the project. Measures are detailed in the report to ensure appropriate mitigation is applied and 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.

A Notice of Availability was posted with a 45-day public review period for the Draft Environmental Impact Report between April 15, 2022, and May 31, 2022.

Correspondence was received from the public (non-agency) as well as public agencies that included: California Department of Fish and Wildlife, Ventura County Air Pollution Control District (VCAPCD), California Department of Transportation (DOT), Ventura County Environmental Health, Ventura County Public Works, and Ventura County Transportation Commission regarding the DEIR posting, which is included in the Response to Comments (RTC) within the CEQA Findings for the FEIR. None of the comments received on the DEIR for this project merits any substantive change to the environmental analysis or conclusions contained in the DEIR. Further, comments requesting to have the DEIR recirculated are Item No. 8A
Multi-family Residential Apartments and Parking Structure at 1 Baxter Way June 28, 2022

unsupported by the record and are meritless. Additional comments were received after the 45-day public review period, an updated response to those comments is included in Attachment #10. The CEQA Findings for the FEIR, including the associated Mitigation Monitoring and Reporting Program (MMRP) and Final RTC are included for City Council’s information (Attachment #12). It is therefore recommended that City Council certify and adopt the FEIR prepared for the project in accordance with the CEQA (EIR 2021-71100).

Community Outreach
The applicant team conducted community outreach meetings that include, but are not limited to:
• March 25, 2020 – Meeting with the Greater Conejo Valley Chamber of Commerce Board of Directors.
• March 27, 2020 – Meeting with the Thousand Oaks Boulevard Association. • September 2, 2020 – Meeting with President of Westlake Hills POA. • February 11, 2021 – Meeting with the Greater Conejo Valley Chamber of Commerce Board of Directors.
• February 25, 2021 – Meeting with the Greater Conejo Valley Chamber of Commerce Board of Directors.
• September 22, 2021 – Meeting with Conejo Climate Coalition. • February 16, 2022 – Meeting with Conejo Climate Coalition. • May 2, 2022 – Meeting with President of Westlake Hills POA.

Planning Commission Recommendation
On June 13, 2022, the Planning Commission, after conducting a public hearing and receiving public testimony, recommended that City Council approve the project.

Item No. 8A
Multi-family Residential Apartments and Parking Structure at 1 Baxter Way June 28, 2022

COUNCIL GOAL COMPLIANCE:

Meets the following City Council goals:

B. Provide municipal government leadership which is open and responsive to residents, and is characterized by ethical behavior, stability, promoting public trust, transparency, confidence in the future, and cooperative interaction among civic leaders, residents, business representatives, and staff, while recognizing and respecting legitimate differences of opinion on critical issues facing the City.

C. Operate City government in a fiscally and managerially responsible and prudent manner to ensure that the City of Thousand Oaks remains one of California's most desirable places to live, work, visit, recreate, and raise a family.

F. Provide and enhance essential infrastructure to ensure that the goals and policies of the Thousand Oaks General Plan are carried out and the City retains its role and reputation as a leader in protecting the environment and preserving limited natural resources.

J. Implement high quality revitalization projects within Thousand Oaks Boulevard and Newbury Road Areas; Develop a pedestrian-oriented, viable, and selfsustaining "Downtown;” and, continue to support production of long-term affordable housing.

PREPARED BY: Carlos Contreras, Sr. Planner
Attachments:

Attachment #1 – Vicinity Map
Attachment #2 – Location Map
Attachment #3 – Aerial Photo
Attachment #4 – Resolution
Attachment #5 – GPA and SP 23 Ordinance
Attachment #6 – DAGR 2022-70052 Ordinance
Attachment #7 – Planning Commission Resolution
Attachment #8 – Planning Commission Staff Report dated June 13, 2022 Attachment #9 – Development Agreement
Attachment #10 – Supplemental Letter Response dated June 23, 2022 Attachment #11 – Draft EIR
Attachment #12 – CEQA Findings (MMRP/RTC) Final EIR
cdd:420-78/Council - Staff Report/pz (FILE ID: RPD 2021-70558) Item No. 8A
Agoura Rd
Westlake Blvd
Triunfo Canyon Rd
Hillcrest Dr Westlake Blvd Hampshire Rd
DP 2022-70098, LU 2019-70563, Z 2021-70556,
SP 2021-71106, RPD 2021-70558, EIR 2021-71100,
LD 2021-70557, PTP 2021-70559, DAGR 2022-70052
One Baxter Way - Vicinity Map
0 2,000 4,000 1,000 U:\cdcjansen\_Case Maps\2022\2022-70098-DP-Baxter\2022-70098-DP-Baxter.aprx Feet
Site
City of Thousand Oaks
Community Development Department
ATTACHMENT #1
Item No. 8A
Via Merida
Lakeview
Canyon Rd
Baxter Way
Thousand Oaks Blvd
Promenade Way
101 FREEWAY
U:\cdcjansen\_Case Maps\2022\2022-70098-DP-Baxter\2022-70098-DP-Baxter.aprx City of Thousand Oaks
Community Development Department
0 300 600 150
Feet
Subject
Property
DP 2022-70098, LU 2019-70563, Z 2021-70556,
SP 2021-71106, RPD 2021-70558, EIR 2021-71100,
LD 2021-70557, PTP 2021-70559, DAGR 2022-70052
One Baxter Way - Location Map
ATTACHMENT #2
Item No. 8A
101 FREEWAY
Lakeview Canyon Rd
Baxter Way
Thousand Oaks Blvd
Promen ade Way
U:\cdcjansen\_Case Maps\2022\2022-70098-DP-Baxter\2022-70098-DP-Baxter.aprx City of Thousand Oaks
Community Development Department
0 150 300 450 75
Feet
±
Subject
Property
DP 2022-70098, LU 2019-70563, Z 2021-70556,
SP 2021-71106, RPD 2021-70558, EIR 2021-71100,
LD 2021-70557, PTP 2021-70559, DAGR 2022-70052
One Baxter Way - Aerial Map
ATTACHMENT #3
Item No. 8A
cdd: 420-78/Resolution-Council 01/pz (FILE ID: RPD 2021-70558 / DP 2022-70098 / EIR 2021-71100)

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF THOUSAND OAKS APPROVING A
GENERAL PLAN AMENDMENT, ZONE CHANGE;
SPECIFIC PLAN; DEVELOPMENT AGREEMENT;

RESIDENTIAL PLANNED DEVELOPMENT,
DEVELOPMENT PERMIT; LAND DIVISION;
PROTECTED TREE PERMIT; AND APPROVING A

DEVELOPMENT AGREEMENT AND SPECIFIC
PLAN NO. 23, AND CERTIFYING AND ADOPTING

THE FINAL ENVIRONMENTAL IMPACT REPORT

AND ASSOCIATED MITIGATION MONITORING AND

REPORTING PROGRAM FOR THE USE OF
CERTAIN PROPERTY WITHIN SAID CITY AT 1
BAXTER WAY. APPLICATIONS: LU 2019-70563; Z
2021-70556; SP 2021-71106; DAGR 2022-70052;
RPD 2021-70558; DP 2022-70098; LD 2021-70557;
PTP 2021-70559; and FEIR 2021-71100 (ONE
BAXTER WAY, L.P.)
WHEREAS, the applicant filed a petition requesting approval of a General Plan Amendment; Zoning Change; Specific Plan; Development Agreement; Residential Planned Development; Development Permit; Land Division; Protected Tree Permit; and Environmental Impact Report (EIR) under the provisions of the City of Thousand Oaks Municipal Code to allow construction of four multi-family residential apartment buildings with 264 residential units and a four-story parking structure, subterranean and surface level parking, hardscape, landscape, and grading, including pocket parks, dog park, outdoor children’s play area, recreation/community room, community pool with terrace and barbeque area, fireplace, clubhouse/gym, courtyards, and roof top terraces on land located at 1 Baxter Way; and
WHEREAS, pursuant to California Environmental Quality Act (CEQA) and the CEQA Guidelines, the City prepared a Draft Environmental Impact Report (DEIR) for the project and following public review of the DEIR the City prepared a Final Environmental Impact Report (FEIR) responding to public comments and refining the DEIR, and subsequently the City prepared a FEIR Errata correcting minor clerical details in the FEIR 2021-71100 (the Draft EIR, Final EIR and Final EIR Errata together); and
WHEREAS, the City prepared written responses to the comments received during and immediately following the public review and comment period and ATTACHMENT #4
Item No. 8A
cdd: 420-78/Resolution-Council 01/pz (FILE ID: RPD 2021-70558 / DP 2022-70098 / EIR 2021-71100)

included those comments and responses in a separate volume entitled “Final Environmental Impact Report For “The Oaks Specific Plan Project EIR” dated June 2022 (the Final EIR). The City also prepared a Mitigation Monitoring and Reporting Program regarding implementation of mitigation measures specified in the EIR (MMRP) pursuant to the requirements of CEQA and the CEQA Guidelines; and WHEREAS, on May 26, 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; and
WHEREAS, on June 13, 2022, the Planning Commission of the City of Thousand Oaks conducted a duly advertised public hearing and recommended approval of the project to City Council; and
WHEREAS, pursuant to Section 9-4.2803(a)(1) of the Thousand Oaks Municipal Code, the matter was referred to City Council for a decision, and upon notice duly given as required by law, a public hearing was held by the City Council of the City of Thousand Oaks on June 28, 2022, at which time evidence, both oral and written, including the applicant’s testimony, public input, City Staff Report and exhibits, were presented and received, and arguments were heard from all interested parties appearing in the matter; and
WHEREAS, a resolution is required to formalize City Council action pursuant to Section 9-4.2803(a)(1) of the Thousand Oaks Municipal Code and this resolution is adopted for that purpose and reflects the action of a majority of the members of the City Council.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Thousand Oaks hereby certifies and adopts the FEIR, including the statements, facts and findings, and in the document entitled “Findings of Fact” as incorporated by reference in the “CEQA Findings” and the applications for LU 2019-70563, Z 2021-70556, SP 2021-71106, DAGR 2022-70052, RPD 2021-70558, DP 2022- 70098, LD 2021-70557, PTP 2021-70559 are approved based on the findings set forth below and subject to conformance with the conditions set forth and attached hereto and made a part hereof. Except as otherwise expressly indicated, said conditions shall be fully performed and completed or shall be secured by a bank or cash deposit or other security satisfactory to the City Attorney. The violation of any of the conditions shall be grounds for revocation of said permits by City Council. The City Council bases its decision on the following findings:

Item No. 8A
cdd: 420-78/Resolution-Council 01/pz (FILE ID: RPD 2021-70558 / DP 2022-70098 / EIR 2021-71100)

SECTION 1
FINDING FOR APPROVAL AND CERTIFICATION OF FEIR 2021-71100:

1. FEIR 2021-71100 was prepared in accordance with the requirements of CEQA, includes all comments received on the DEIR and the City’s response thereto, reflects the independent judgement of the City of Thousand Oaks, and has been reviewed and considered by the City Council prior to making its decision.

2. Changes or alterations have been incorporated into the project through design or conditions that reduce potentially significant environmental impacts to a less than significant level, as identified in the Final EIR.

3. FEIR 2021-71100 identifies Air Quality, Biological Resources, Cultural Resources, Geological and Soils, Hazards and Hazardous Materials, Noise, and Tribal Cultural Resources as potential and less than significant impacts.

Mitigation Measures have been imposed upon the project which will feasibly reduce or eliminate any potential adverse effects to less than significant levels. On the basis of FEIR 2021-71100, the Mitigation Monitoring and Reporting Program and any comments received, it is found that, as mitigated there is no substantial evidence that the project will have a significant effect on the environment.

4. A Mitigation Monitoring and Reporting Program (MMRP) has been prepared for the project associated with this application, and is incorporated herein by reference. The MMRP designates responsibility and anticipated timing for the implementation of mitigation measures imposed as conditions of approval which are fully enforceable through fees, permit conditions, agreements or other measures. The MMRP included in the FEIR 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.

5. FEIR 2021-71100 has been reviewed for conformance with the provisions of CEQA. For this application, the City is the Lead Agency and, on behalf of the Applicant, the City Council is being asked to adopt and make the CEQA Findings and certify the EIR as legally adequate under CEQA as to each development application associated with the project and adopt the MMRP and incorporate its provisions as conditions of approval for project to the extent appropriate.

Item No. 8A
cdd: 420-78/Resolution-Council 01/pz (FILE ID: RPD 2021-70558 / DP 2022-70098 / EIR 2021-71100)

SECTION 2
FINDING FOR APPROVAL OF LU 2021-70215:

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 a portion of the subject property will be designated as High Density Residential (HDR) Land Use designation and located within proposed SP23, which allows the proposed multi-family residential and parking structure uses.

SECTION 3
FINDINGS FOR APPROVAL OF Z 2021-70556:

1. The zone change is consistent with the Thousand Oaks General Plan, as proposed to be amended, including the Land Use Element, in that a portion of the subject property will have a High Density Residential (HDR) Land Use designation and located within the proposed SP-23, which allows the proposed multi-family residential and parking structure 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 42.9-acres of land from Industrial Park (M-1) to the Oaks Specific Plan (SP-23). 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 “High Density Residential and Industrial,” and the development type and uses proposed conform to the General Plan designation. This designation permits industrial and residential uses, or a combination of both industrial and residential. The proposed project includes residential development on a previously industrial office development. 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 Zone Change has been reviewed for conformance with the provisions of CEQA. For this application, the City is the Lead Agency and, on behalf of the Applicant, the City Council is being asked to certify the FEIR 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 Item No. 8A
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longer significant, through the inclusion of mitigation measures, which the applicant shall comply with under the proposed conditions of approval.

SECTION 4
FINDINGS FOR APPROVAL OF RPD 2021-70558:

1. The design of the new multi-family residential 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 proposed project will preserve the integrity and character of the zone in which the use will be located, the utility and value of property in the zone and in adjacent zones because the proposed multi-family residential development is compatible with the surrounding land uses in the vicinity, and is located within an urbanized setting with established infrastructure and nearby comparable uses.

3. 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, Thousand Oaks 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.

4. The proposed Residential Planned Development has been reviewed for conformance with the provisions of CEQA. For this application, the City is the Lead Agency and, on behalf of the Applicant, the City Council is being asked to certify the FEIR 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.

Item No. 8A
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SECTION 5
FINDINGS FOR APPROVAL OF DP 2022-70098:

1. The design of the parking structure complies with all applicable laws, regulations, and policies, including the proposed Specific Plan, the City’s Architectural Design Guidelines (Res. No. 2005-011), Freeway Corridor Guidelines 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, Thousand Oaks Police Department, and the Ventura County Fire Department (VCFD), and in compliance with 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 parking structure is compatible with the surrounding land uses in the vicinity because it is located within an urbanized setting with established infrastructure and nearby comparable industrial uses.

4. The proposed Development Permit has been reviewed for conformance with the provisions of CEQA. For this application, the City is the Lead Agency and, on behalf of the Applicant, the City Council is being asked to certify the FEIR 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.

SECTION 6
FINDINGS FOR APPROVAL OF SP 2021-71106:

1. The proposed Specific Plan (SP-23) creates a horizontal mixed-use development consisting of industrial, multi-family residential apartments and parking structure uses with a pedestrian-oriented and interactive environment. Prominent pedestrian entries to the subject residential buildings, the project’s common amenities, and multiple gathering areas within the project site work to create a viable residential community. Along Item No. 8A
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with the amendment to the General Plan to allocate 264 dwelling units of the Citywide Measure E capacity to SP-23, the project 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 Elements of the Thousand Oaks General Plan, including the Land Use Element designation of HDR and Industrial 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-23, 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 16 very low-income and 18 low-income affordable units.

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 the Lead Agency and, on behalf of the Applicant, the City Council is being asked to certify the FEIR 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.

Item No. 8A
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SECTION 7
FINDINGS FOR APPROVAL OF LD 2021-70557:

1. The proposed land division is consistent with the proposed General Plan Land Use designation of HDR and Industrial and proposed Specific Plan23.

2. The creation of Parcel “1,” comprising a net land area of 8.8 acres and Parcel “2,” comprising a net land area of 34.1 acres. The size is suitable at this location because the parcels meet the requirements for SP-23 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 land division does not conflict with existing public easements because the project has been designed in conjunction 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 land division has been reviewed for conformance with the provisions of CEQA. For this application, the City is the Lead Agency and, on behalf of the Applicant, the City Council is being asked to certify the FEIR 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.

SECTION 8
FINDINGS FOR APPROVAL OF PTP 2021-70559:

1. Approval is consistent with the intent of the Oak Tree Preservation and Protection Ordinance since the proposed removal of 31 protected 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 63 oak trees and 36 sycamore trees. With the inclusion of conditions, the proposed encroachment within the trees’ protected zone is not likely to result in a decline in the health of the trees.

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3. Encroachment within the protected zone of 54 coast live oak trees, 9 valley oak trees and 35 California sycamore trees and one (1) California Black Walnut 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.

4. A minimum of 93 mitigation oak and sycamore trees [(62) 24-inch box and (31) 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 for conformance with the provisions of CEQA. For this application, the City is the Lead Agency and, on behalf of the Applicant, the City Council is being asked to certify the FEIR 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.

SECTION 9
FINDINGS FOR APPROVAL OF DAGR 2022-70052:

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

BE IT FURTHER RESOLVED, that that based on substantial evidence contained within the record, the analysis in the staff report, the Findings of Fact above, and, having considered the Draft EIR and associated MMRP, the City Council certifies and adopts the FEIR 2021-71100 prepared for the project and approves RPD 2021-70558, DP 2022-70098; PTP 2021-70559, and shall become effective only upon the effective date of the companion General Plan Amendment (LU) 2019-70563; Zone Change (Z) 2021-70556; and Specific Plan (SP) 2021- 71106, and upon the recordation of the Land Division (LD) 2021-70557 and Development Agreement (DAGR) 2022-70052, approving specific development standards in association with the development of the project.

This decision became final under Section 9-4.2803(a)(1) of the Thousand Oaks Municipal Code when the City Council voted on and rendered its decision at the end of the above-referenced public hearing. As stated on the City Council’s written and posted agenda, all applicants, appellants, parties and persons affected by or having any interest in this matter should note that this final decision of the City Council, and any other City action on this entitlement application, is subject to a judicial review under Section 1094.5 of the California Code of Civil Procedure.

Pursuant to California Code of Civil Procedure Section 1094.6, a judicial review of that decision must be filed within 90 days of that City Council decision. Other statutes, however, may shorten the statute of limitations, or may impose different filing requirements.

PASSED AND ADOPTED this 28th day of June, 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
Patrick J. Hehir, Chief Assistant City Attorney
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.

Item No. 8A
CONDITIONS OF APPROVAL FOR LU 2019-70563, Z 2021-70556, SP 2021-71106, DAGR 2022-70052, RPD 2021-70558, DP 2022-70098, LD 2021-70557, PTP 2021- 70559; AND EIR 2021-71100
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COMMUNITY DEVELOPMENT DEPARTMENT

PLANNING DIVISION

1. Land and Application – The General Plan Amendment, Zone Change; Specific Plan; Development Agreement; Residential Planned Development; Development Permit; Land Division; Protected Tree Permit; and Environmental Impact Report 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 April 13, 2022.

2. Scope of Permit Approval – A General Plan amendment from Industrial to High Density Residential; a Zone Change from M-1 zone to Specific Plan23 (SP-23); Development Agreement specifying development performance; a Residential Planned Development, Development Permit; along with a Protected Tree Permit, to construct four multi-family residential buildings consisting of 264 units and a four-story parking structure, including grading, hardscape, landscape. The proposed project includes a land division creating two parcels: one encompassing 8.8 acres (Parcel 1) and the second parcel encompassing 34.1 acres (Parcel 2). Parcel 1 is proposed for the multi-family residential development and associated subterranean parking and Parcel 2 is proposed for the four-story parking structure and existing industrial office building. The Project includes the implementation of two Planning Areas: Planning Area 1 (multi-family residential) is proposed within Parcel 1 and Planning Area 2 (industrial park) is proposed within Parcel 2. The proposed project includes the removal of 26 sycamore trees and five (5) oak trees and encroachment into the protected zones of 54 coast live oak trees, 9 valley oak trees, 35 California sycamore trees and one (1) California Black Walnut tree, as shown on project plans labeled “Project Plan Set” dated April 13, 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.

Item No. 8A
CONDITIONS OF APPROVAL FOR LU 2019-70563, Z 2021-70556, SP 2021-71106, DAGR 2022-70052, RPD 2021-70558, DP 2022-70098, LD 2021-70557, PTP 2021- 70559; AND EIR 2021-71100
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5. Project Changes/Modifications – Minor changes to Residential Planned Development (RPD) 2022-70558, Development Permit (DP) 2022-7009, Land Division (LD) 2021-70557; and Protected Tree Permit (PTP) 2021- 70559 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. Previous Conditions – All conditions previously approved for Special Use Permit (SUP) 2006-70210, including all subsequent modifications thereto, shall remain applicable to RPD 2022-70558 and DP 2022-7009.

8. 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 industrial establishment.

9. Regulatory Agency Approval – The requirements of all applicable regulatory agencies shall be met, and approval obtained, prior to gas release or issuance of a building permit, whichever occurs first. Copies of all required licenses shall be submitted to the Community Development Department.

10. 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.

11. 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.

Item No. 8A
CONDITIONS OF APPROVAL FOR LU 2019-70563, Z 2021-70556, SP 2021-71106, DAGR 2022-70052, RPD 2021-70558, DP 2022-70098, LD 2021-70557, PTP 2021- 70559; AND EIR 2021-71100
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12. Preconstruction Meeting – Prior to issuance of a grading permit, the applicant shall coordinate with the Community Development and Public Works Departments, 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, owner or 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.

13. Construction Progress – Once permits have been issued to commence work on the improvements, it is the applicant/owners 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.

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

15. 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 any nearby residential neighborhood or on-site before and after the construction hours authorized herein. Likewise, warming of equipment engines shall not be permitted outside the permitted construction hours.

16. Approval Inclusion – The following shall apply:

A. This approval, in its entirety as adopted, shall be included in the initial plan-check 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.

Item No. 8A
CONDITIONS OF APPROVAL FOR LU 2019-70563, Z 2021-70556, SP 2021-71106, DAGR 2022-70052, RPD 2021-70558, DP 2022-70098, LD 2021-70557, PTP 2021- 70559; AND EIR 2021-71100
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B. All agreements, development standards, use allowances contained in Specific Plan (SP) 23 and Development Agreement (DAGR) 2022-70052 shall apply to this approval.

17. 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 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.

18. 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.

19. 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 34 units as affordable units. Eighteen (18) units will be preserved at the lower Item No. 8A
CONDITIONS OF APPROVAL FOR LU 2019-70563, Z 2021-70556, SP 2021-71106, DAGR 2022-70052, RPD 2021-70558, DP 2022-70098, LD 2021-70557, PTP 2021- 70559; AND EIR 2021-71100
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income level of 80% of the Ventura County median income and sixteen (16) units will be preserved at the very low income level of 50% 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 34 restricted 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 market rate units.

F. Affordable units should be dispersed throughout the residential buildings of the development in a manner acceptable to the City, and in the following distribution:
i. The eighteen (18) lower income level units shall include five (5) studio apartments, eight (8) one-bedroom apartments, and five (5) two-bedroom apartments; and
ii. The sixteen (16) very low income level units shall include four (4) studio apartments, eight (8) one-bedroom apartments, and four (4) two-bedroom apartments.

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.

20. Sustainability Features – The applicant shall provide project sustainability features, as specified and in accordance with the parameters contained in the recorded Development Agreement (DAGR 2022-70052), which include but are not limited to:

A. Rooftop solar.

Item No. 8A
CONDITIONS OF APPROVAL FOR LU 2019-70563, Z 2021-70556, SP 2021-71106, DAGR 2022-70052, RPD 2021-70558, DP 2022-70098, LD 2021-70557, PTP 2021- 70559; AND EIR 2021-71100
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B. Six percent (6%) of the total residential parking spaces (26 spaces) will be equipped with EV chargers on the first day the apartments are approved to be occupied.

C. Four percent (4%) of the parking spaces (18 spaces) will be Future EV Ready. The combination of EV Ready and Future EV Ready equates to ten percent (10%) of the total 435 parking spaces.

D. Three percent (3%) of the total replacement industrial office parking spaces will be constructed with EV chargers.

E. Three percent (3%) of the total replacement industrial office parking spaces will be Future EV Ready.

F. Installation of all electric appliances in all 264 residential units.

G. Dedicated car sharing program by providing a dedicated parking space for use by a car sharing program (e.g., Zipcar or equivalent).

21. 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.

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

ENVIRONMENTAL MITIGATION MEASURES

23. 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 Item No. 8A
CONDITIONS OF APPROVAL FOR LU 2019-70563, Z 2021-70556, SP 2021-71106, DAGR 2022-70052, RPD 2021-70558, DP 2022-70098, LD 2021-70557, PTP 2021- 70559; AND EIR 2021-71100
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Public Resources Code shall in turn be subject to the review and approval of the Community Development Department.

24. AQ-1: The applicant shall require all construction plans to include the following best management practices:
• Maximize the use of chemical dust suppressants or non-potable water, if available. If water is used, all exposed surfaces shall be watered three times daily. Exposed surfaces include, but are not limited to soil piles, graded areas, unpaved parking areas, staging areas, and access roads.
• Cover or maintain at least 2 feet of free board space on haul trucks transporting soil, sand, or other loose material on the site. Any haul trucks traveling along freeways or major roadways shall be covered. • Use wet power vacuum street sweepers to remove any visible trackout mud or dirt onto adjacent public roads at least once a day. Use of dry power sweeping is prohibited.
• Limit vehicle speeds on unpaved roads to 15 miles per hour. • Pave all roadways, driveways, sidewalks, parking lots as soon as possible. In addition, building pads shall be laid immediately after grading unless seeding or soil binders are used.
• Minimize idling time either by shutting equipment off when not in use or reducing the time of idling to 5 minutes (as required by the state airborne toxics control measure [Title 13, Section 2485 of the California Code of Regulations]). Provide clear signage that posts this requirement for workers at the entrances to the site. • Maintain all construction equipment in proper working condition according to manufacturer’s specifications. The equipment shall be checked by a certified mechanic and determine to be running in proper condition before it is operated

24. AQ-2: All diesel off-road equipment rated 50 horsepower or more shall have engines that meet the Tier 4 Final off-road emission standards, as certified by CARB. This requirement shall be verified through submittal of an equipment inventory that includes the following information: (1) Type of Equipment, (2) Engine Year and Age, (3) Number of Years Since Rebuild of Engine (if applicable), (4) Type of Fuel Used, (5) Engine HP, (6) Verified Item No. 8A
CONDITIONS OF APPROVAL FOR LU 2019-70563, Z 2021-70556, SP 2021-71106, DAGR 2022-70052, RPD 2021-70558, DP 2022-70098, LD 2021-70557, PTP 2021- 70559; AND EIR 2021-71100
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Diesel Emission Control Strategy (VDECS) information if applicable and other related equipment data. A Certification Statement is also required to be made by the Contractor for documentation of compliance and for future review by the Ventura County Air Pollution Control District (VCAPCD), as necessary. The Certification Statement must state that the Contractor agrees to compliance and acknowledges that a violation of this requirement shall constitute a material breach of contract.

25. AQ-3: Prior to the issuance of a building permit, the Applicant shall demonstrate that the Project’s architectural coatings will be “SuperCompliant” or have a VOC standard of less than 10 grams per liter.

26. BIO-1: Tree Protection Measures: The Project shall implement the tree protection measures presented in Appendix F of the Dudek Arborist Report dated April 2022 (see Appendix D-2). These tree protection measures shall be implemented before and during all phases of construction. Example tree protection measures provided in Appendix F of the Dudek Arborist Report include the following.
• Fencing and Signage: A 6-foot-high chain-link fence with tree protection signs shall be erected around all trees (or tree groups) with canopies that fall within 30 feet of construction activity. The protective fence should be installed at a distance from the trunk that is equal to the dripline radius plus 5 feet (protected tree zone). For any trees that would be encroached upon by construction activities, fencing shall be placed as far away from trunk of the tree as possible while still allowing the required construction activities to proceed.

This fencing will delineate the tree protection zone and prevent unwanted activity in and around the trees to reduce soil compaction in the root zones of the trees and other damage from heavy equipment. Fences are to be mounted on 2-inch-diameter
galvanized iron posts, driven into the ground to a depth of at least 2 feet at no more than 10-foot spacing. In areas where fencing is located on paving or concrete that will not be demolished, the posts may be supported by an appropriate grade level concrete base. Tree protection signs should be attached to every fourth post. The contractor shall maintain the fence to keep it upright, taut, and aligned at all times. Fencing shall be removed only after all construction activities are complete.
• Pre-Construction Meeting: A pre-construction meeting shall be held between the City, all contractors and the arborist. The arborist will Item No. 8A
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instruct the contractors on tree protection practices and answer any questions. All equipment operators and spotters, assistants, or those directing operators from the ground, shall provide written acknowledgement of their receiving tree protection training. This training shall include information on the location and marking of protected trees, the necessity of preventing damage, and the discussion of work practices that will accomplish such. • Inspection: An ISA Certified Arborist shall inspect the trees on at least a monthly basis for the duration of construction activity. The Project arborist is responsible to report any failures by the property owner to fully comply with the conditions of the permit including all the requirements in the Oak Tree and Landmark Preservation and Protection Guidelines, and the Project-specific requirements described in the Arborist Report. Following each monitoring visit the monitoring arborist shall prepare a statement of record. The statement of record shall detail all work that occurred within the TPZ during the site visit. A summary report documenting observations and management recommendations shall be submitted to the owner following each inspection. Following Project completion, the owner’s tree consultant shall provide a summary report describing the condition of the trees encroached upon and any specific measures and/or monitoring needed to ensure tree health. Photographs of representative trees are to be included in each report.

27. BIO-2: CDFW Jurisdictional Habitat Encroachment: Prior to the issuance of a grading permit or the start of construction within or beneath the canopy of CDFW jurisdictional valley oak riparian forest habitat, coordination with CDFW will be required to determine if a notification of Project activities is required. If required, the Project applicant shall submit an application for and obtain a 1602 Streambed Alteration Agreement to CDFW for vegetation thinning activities related to the fuel modification. If required, mitigation for impacts to CDFW jurisdictional habitat will consist of either the removal of non-native species within the valley oak riparian forest in order to enhance the habitat or payment of an in-lieu fee to the Conejo Open Space Conservation Agency (COSCA) for the enhancement of riparian resources within COSCA conservation properties. If necessary, mitigation would be at a minimum 1:1 ratio.

28. BIO-3: Sensitive Vegetation Community: During vegetation thinning in the fuel modification zone, a biologist shall be present to ensure that clearing within the understory of the valley oak forest (including disturbed) and valley Item No. 8A
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oak riparian forest is limited to the removal of the deadwood and debris, and the thinning of the laddering fuels, especially removal of any invasive nonnative species within the sensitive habitat. If required, the mitigation area for the fuel modification impacts to sensitive natural communities will be a minimum of a 1:1 ratio.

29. BIO-4: Construction activities (i.e., earthwork, clearing, and grubbing) shall occur outside of the general bird nesting season for migratory birds, which is February 15 through August 31 for songbirds, and January 15 to August 31 for raptors.

If construction activities (i.e., earthwork, clearing, and grubbing) must occur during the general bird nesting season for migratory birds and raptors, a qualified biologist shall perform a pre-construction survey of potential nesting habitat to confirm the absence of active nests belonging to migratory birds and raptors afforded protection under the MBTA and CFG Code. The pre-construction survey shall be performed no more than 7 days prior to the commencement of construction activities. The results of the preconstruction survey shall be documented by the qualified biologist. If construction is inactive for more than 7 days, an additional survey shall be conducted.

If the qualified biologist determines that no active migratory bird or raptor nests occur, the activities shall be allowed to proceed without any further requirements. If the qualified biologist determines that an active migratory bird or raptor nest is present, no impacts within 300 feet (500 feet for raptors) of the active nest shall occur until the young have fledged the nest and the nest is confirmed to no longer be active, or as determined by the qualified biologist. The biological monitor may modify the buffer or propose other recommendations to minimize disturbance to nesting birds.

30. BIO-5: Prior to removing any protected oak trees and landmark trees within the Project site, the Applicant shall agree to conditions with the City of Thousand Oaks to replace and/or pay an in-lieu fee for impacts to protected oak trees and landmark trees. The compensatory mitigation for the impacts to protected oak trees and landmark trees shall be as follow:
• The replacement and planting of one 36-inch box oak tree and two 24-inch box oak trees for the removal of each on-site oak tree. Based on the current plans, the replacement would be five 36-inch box trees and ten 24-inch box trees for impacts to five protected oak trees.

Item No. 8A
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• The replacement and planting of one 36-inch box landmark tree and two 24-inch box landmark trees for the removal of each on-site landmark tree. Based on the current plans, the replacement would be twenty-six 36-inch box trees and fifty-two 24-inch box trees for impacts to twenty-six protected landmark trees.

The current plan is to replace and install 47 of the 93 trees on the Project site and provide an in-lieu fee for the replacement and planting of the remaining 46 trees at an off-site location within the City of Thousand Oaks

31. BIO-6: Prior to the issuance of a grading permit, the Applicant shall submit a long-term maintenance program to mitigate encroachments into the protected zone of regulated trees and to maintain the health of the trees retained on the Project site. The Program shall include measures to implement prior to, during, and following construction. These measures shall include exclusion fencing and worker training to avoid direct impacts to trees, and measures such as irrigation and monthly inspections by an arborist to promote the long-term health of retained trees. Monitoring by an arborist shall also occur during construction when encroachments into tree protection zones occur to minimize root disturbance and determine the best course of actions for root pruning, supplemental irrigation, branch trimming, or other measures that would minimize the impacts from ground disturbing or other potential impactful activities. Furthermore, the 99 regulated encroachment trees shall be provided additional tree protection mitigation measures as outlined in Appendix F within Appendix D-2 of this Draft EIR due to the unique locations of the trees within the proposed demolition and construction areas.

32. CUL-1: Prior to the start of any Project-related ground disturbing activities, a Qualified Archaeologist, defined as an archaeologist meeting the Secretary of the Interior’s Standards for professional archaeology (U.S.

Department of the Interior 2008) shall be retained by the Applicant to carry out all mitigation measures related to cultural resources.

33. CUL-2: Prior to the start of any Project-related ground disturbing activities, a Data Recovery Plan shall be prepared by the Qualified Archaeologist. The Data Recovery Plan shall outline the approach to data recovery excavations that would recover scientifically consequential information contained within the portion of CA-VEN-271 that would be impacted by ground disturbing activities associated with the construction of the proposed walkway from the existing industrial office building to the parking structure. The Data Recovery Plan shall: take into account a methodology to access the Item No. 8A
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deposits located beneath capped materials; outline relevant local and regional research questions to be addressed by the data recovery; include provisions for Native American monitoring; present field and laboratory methodologies and any special studies anticipated to collect important empirical information; and include a curatorial agreement that allows for the proper long-term care and storage of collected materials. Preference shall be to curate the materials at UCLA together with the materials recovered in the 1970s. However, the perspectives of consulting tribes (defined here as those California Native American Tribes that are traditionally and culturally affiliated with the geographic area of the Project as defined in PRC section 21073 and who have expressed interest in the Project as a result of the AB 52 consultation process) shall be considered when determining appropriate disposition of materials. The Data Recovery Plan shall be submitted to the City for review and approval prior to the start of the data recovery excavations. Consulting tribes shall have the opportunity to review and comment on the Data Recovery Plan prior to its implementation. Following the completion of work outlined in the Data Recovery Plan, a Data Recovery Report shall be prepared that formally presents the methods and results of the excavations, lab analysis, and special studies, and includes a catalog of recovered materials identifying the curation facility where the collection or other disposition of the collection. Consulting tribes shall have the opportunity to review and comment on the draft Data Recovery Report.

Project-related ground disturbing activities may begin once the data recovery excavation (field component) is completed and may occur contemporary with the data recovery lab analysis and Data Recovery Report preparation. The Data Recovery Plan and Data Recovery Report shall both be placed on file at the South Central Coastal Information Center within 180 days of the completion of the data recovery excavation (field component).

34. CUL-3: Prior to starting ground-disturbing activities, the Qualified Archaeologist, in coordination with the Native American monitor, shall conduct cultural resources sensitivity training for all construction personnel associated with the Project. Construction personnel shall be informed of the types of cultural resources that may be encountered during construction, and of the proper procedures to be enacted in the event of an inadvertent discovery of archaeological resources or human remains. The Applicant shall ensure that construction personnel are made available for and attend the training and retain documentation demonstrating attendance

35. CUL-4: Prior to the start Project-related ground disturbing activities the Qualified Archaeologist shall prepare a Cultural Resources Monitoring and Item No. 8A
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Treatment Plan (CRMTP). The CRMTP shall stipulate: the location and timing of archaeological and Native American monitoring; monitoring protocols to be carried out during Project construction; allowance that the Qualified Archaeologist, based on observations of subsurface soil stratigraphy or other factors during initial grading, and in coordination with the Native American monitor(s), the City, may reduce or discontinue monitoring as warranted if it is determined that the possibility of encountering cultural materials is low; appropriate measures to be followed in the event of unanticipated discovery of cultural resources during Project implementation, including that all ground disturbance within 100 feet of an unanticipated discovery shall cease until discovery provisions of the CRMTP are implemented; and both archaeological and tribal values are considered.

The CRMTP shall identify avoidance as the preferred manner of mitigating impacts in the case of inadvertent discoveries of cultural resources. The CRMTP shall include protocols stipulating the following: types of inadvertent discoveries that may be made during construction (e.g., historic/prehistoric archaeological site, isolate, tribal cultural resource): procedures to be implemented in the case of an inadvertent discovery; methods to assess the significance of inadvertent discoveries based on the type of discovery; and procedures to reduce impacts to inadvertent discoveries.

The CRMTP shall be submitted to the City for review and approval prior to the start of Project-related ground disturbance. Consulting tribes shall also have the opportunity to review and comment on the CRMTP.

36. CUL-5: In the event of the unanticipated discovery of archaeological materials, all work shall immediately cease in the area (within approximately 100 feet) of the discovery until it can be evaluated by the Qualified Archaeologist. Construction shall not resume within the discovery area until the Qualified Archaeologist has conferred on the significance of the resources with the City, and Native American monitor for resources of a prehistoric nature.

If it is determined that the unanticipated discovered archaeological resource constitutes a historical resource or a unique archaeological resource under CEQA, avoidance and preservation in place is the preferred manner of mitigation. Preservation in place of the unanticipated discovery may be accomplished by, but is not limited to, avoidance, incorporating the resource into open space, capping, or deeding the site into a permanent conservation easement. In the event that preservation in place of the unanticipated Item No. 8A
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discovery is demonstrated to be infeasible and data recovery through excavation is the only feasible mitigation available, an Archaeological Resources Treatment Plan shall be prepared and implemented by the Qualified Archaeologist in consultation with the City that provides for the adequate recovery of the scientifically consequential information contained in the archaeological resource. The Qualified Archaeologist and City shall consult with appropriate Native American representatives in determining treatment for prehistoric or Native American resources to ensure cultural values ascribed to the resource, beyond those that are scientifically important, are considered.

37. CUL-6: In the event human remains and/or associated funerary objects are encountered during Project construction, all activity in the vicinity of the find shall cease (within 100 feet). Human remains discoveries shall be treated in accordance with and California Health and Safety Code Section 7050.5 and Public Resources Code Section 5097.98, requiring assessment of the discovery by the County Coroner, assignment of a Most Likely Descendant by the California Native American Heritage Commission, and consultation between the Most Likely Descendant and the landowner regarding treatment of the discovery. Until the landowner has conferred with the Most Likely Descendant, the Applicant shall ensure that the immediate vicinity where the discovery occurred is not disturbed by further activity and that further activities take into account the possibility of multiple burials.

38. GEO-1: Prior to the start of Project-related ground disturbing activities, the Applicant shall retain a Qualified Paleontologist that meets the standards of the Society of Vertebrate Paleontology (2010) to carry out all mitigation measures related to paleontological resources.

39. GEO-2: Prior to start of Project-related ground disturbing activities, the Qualified Paleontologist shall contribute to any construction worker cultural resources sensitivity training, outlined in Mitigation Measure CUL-3 presented in Section 3.4, Cultural Resources of the Draft EIR, either in person or via a training module provided to the Qualified Archaeologist. This training shall include information on what types of paleontological resources could be encountered during excavations, what to do in case an unanticipated discovery is made by a worker, and laws protecting paleontological resources. All construction personnel shall be informed of the possibility of encountering fossils and instructed to immediately inform the construction foreman or supervisor if any fossils are unexpectedly unearthed in an area where a paleontological monitor is not present. The Applicant shall ensure that construction personnel are made available for Item No. 8A
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and attend the training and retain documentation demonstrating attendance.

40. GEO-3: The Qualified Paleontologist shall supervise a paleontological monitor meeting the Society for Vertebrate Paleontology standards (2010) who shall be present during all excavations within areas mapped as the Monterey Formation as well as excavations exceeding 10 feet in depth in areas mapped as Quaternary alluvium (Qa) (see DEIR Figure 3.6-1).

Monitoring shall consist of visually inspecting fresh exposures of rock for larger fossil remains and, where appropriate, collecting wet or dry screened sediment samples of promising horizons for smaller fossil remains.

Monitoring can be reduced to part-time inspections or cease entirely if determined adequate by the Qualified Paleontologist in consultation with the Applicant and City. Monitoring activities shall be documented in a Paleontological Resources Monitoring Report to be prepared by the Qualified Paleontologist at the completion of construction and shall be provided to the City and filed with the Natural History Museum of Los Angeles County within six (6) months of Project completion.

41. GEO-4: If a unique geologic feature or paleontological resource is discovered during construction, the paleontological monitor shall be empowered to temporarily divert or redirect grading and excavation activities in the area of the exposed fossil to facilitate evaluation of the discovery. An appropriate buffer area shall be established by the Qualified Paleontologist around the find where construction activities shall not be allowed to continue. Work shall be allowed to continue outside of the buffer area. At the Qualified Paleontologist’s discretion and to reduce any construction delay, the grading and excavation contractor shall assist in removing rock samples for initial processing and evaluation of the find. All significant fossils shall be collected by the paleontological monitor and/or the Qualified Paleontologist. Collected fossils shall be prepared to the point of identification and catalogued before they are submitted to their final repository. Any fossils collected shall be curated at a public, non-profit institution with a research interest in the materials, such as the Los Angeles County Natural History Museum, if such an institution agrees to accept the fossils. If no institution accepts the fossil collection, they shall be donated to a local school in the area for educational purposes. Accompanying notes, maps, and photographs shall also be filed at the repository and/or school.

42. N-1: Prior to the issuance of a grading permit, the grading plans shall provide temporary construction noise attenuation so that ambient noise levels at Westlake High School are not exceeded by 5 dB or more. One Item No. 8A
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option to attenuate noise levels so that ambient noise levels are not exceeded by 5 dBA or more at Westlake High School is to provide, a temporary noise barrier on the Project site that blocks the direct line of sight between the noise source of the construction equipment on the Project site and receptors at Westlake High School. Noise barriers with sufficient height to block the line of sight would provide a minimum noise reduction of 5 dBA which could be sufficient to attenuate construction noise levels from the Project construction activities so that ambient noise levels at Westlake High School are not exceeded by 5 dBA.

43. N-2: Submitted building plans for the proposed residential units shall provide mechanical ventilation, such as air conditioning, so that interior noise levels do not exceed 45 dBA.

44. TCR-1: Prior to the start of Project ground disturbance, the City shall coordinate with California Native American Tribes that are traditionally and culturally affiliated with the geographic area of the Project as defined in PRC Section 21073 and who have expressed interest in the Project as a result of the AB 52 and SB 18 consultation process (consulting tribes).

Coordination shall include but not be limited to timing and locations of Project-related ground disturbance subject to Native American monitoring, protocols for the discovery of cultural materials and/or funerary remains encountered during all ground-disturbing activities, and treatment and final disposition of cultural materials and funerary remains identified. Prior to the start of ground-disturbing activities, the results of the City’s coordination shall be documented in a confidential consultation summary report and agreed-upon procedures shall be included in the Cultural Resources Monitoring and Treatment Plan required under Mitigation Measure CUL-4.

Following completion of construction, procedures implemented shall be documented in the Cultural Resources Monitoring Report required under Mitigation Measure CUL-4.

LAND DIVISION

45. Parcel Map Recordation – Unless Owner is provided additional time in Development Agreement No. 2022-70052, the Land Division approval is granted for a three (3) year period of time ending June 28, 2025, at which time said Land Division map shall expire unless the final map has been recorded or filed in a timely manner as set forth in conditions of approval 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.

Item No. 8A
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46. Map Changes/Modifications – Any minor change to the Parcel Map may be approved by the Community Development Department, but any substantial change will require the filing of a modification application.

47. Monumentation/Well Monuments – The engineer or surveyor shall set Standard Well Monument(s) at locations designated by the City’s Registered Surveyor or City Engineer, 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 standards described in Subdivision Map Act, Land Surveyor Act and the City of Thousand Oaks Subdivision Ordinance.

48. Timely Filing Provisions – The filing of the final parcel map for recordation shall be submitted in a timely manner to the City Engineer. The delivery of specific information to constitute a timely filing shall be provided to the City Engineer and shall include the following to allow for processing, approving and recording of the final map within a maximum of 60 days from filing. In order to be considered a timely filing for the purpose of this condition, the applicant shall provide the following:
a. The final map and improvement plans shall be ready for signature. b. Bonds and agreements shall be fully executed.
c. The confirmation of fees paid to all necessary government agencies shall be provided.
d. Total and complete compliance shall be achieved with the relevant development conditions imposed on the respective tentative tract, covenants and restrictions and/or necessary documents approved by the respective departments, including the City Attorney’s Office. e. Without the concurrent submittal of all this required information, the final map review process shall not be considered a timely filing allowing for final map to be scheduled for recordation. A complete list of this information shall be obtained from the Public Works Department regarding the material or information that must be submitted in order to constitute a timely filing of a final map and avoid expiration of the recording period time limit.

Item No. 8A
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RESIDENTIAL PLANNED DEVELOPMENT (RPD) 2021-70558
DEVELOPMENT PERMIT (DP) 2022-7009

SETBACKS, HEIGHTS, BUILDING MATERIALS, OPEN SPACE,

ARCHITECTURAL TREATMENT

49. Standards – All development standards shall be satisfied to include the following per the submitted plan, as allowed by SP-23.
*Setback to Planning Area 1 boundary
**Setback to Planning Area 2 boundary

50. Phasing – The project shall be graded and improved with the proposed parking structure, on-site main line utilities, access and circulation aisles, and any associated off-site public infrastructure improvements within the time frame of the first phase (Phase 1); and the project shall be graded and improved with construction of the proposed residential buildings, on-site main line utilities, access and circulation aisles, and any associated off-site public infrastructure improvements (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 2022-70052).

51. Architectural Building Design – The architectural design shall comply with SP-23 and with the building elevation plans as shown in the exhibits labeled “Project Plan Set,” date stamped April 13, 2022.

DEVELOPMENT STANDARD REQUIRED SETBACKS PROPOSED

PARKING STRUCTURE
Rear Yard (south) 100 feet 125.41 Feet
Front Yard (north)* 20 feet 62.58 Feet
Side Yard (west) none 68.5 Feet
Side Yard (east) 100 feet to street
centerline 800 Feet
Parking Lot Landscaping (s.f.) 6,432 (10%) 7,739 (12%)

RESIDENTIAL
Rear Yard (south)** 20 Feet 30 Feet
Side Yard (north) 20 Feet 63.75 Feet
Side Yard (west) 20 Feet 57.75 Feet
Front Yard (east) 20 Feet 65.83 Feet
Parking Lot Landscaping (s.f.) 8,177 (10%) 12,903 (16%) Item No. 8A
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52. Building Wall Treatment – The building walls shall incorporate architectural treatment to create a visually interesting appearance as viewed from the Thousand Oaks Boulevard and Lakeview Canyon Road 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-23 and the building elevation plans as shown in the exhibits labeled “Project Plan Set,” date stamped April 13, 2022.

53. Exterior Building Colors/Materials – All exterior materials and colors depicted on the exhibits labeled “Project Plan Set,” date stamped April 13, 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.

54. Downspouts – The downspouts on the exterior of the buildings facing the public right of way shall be concealed within the building walls subject to the review and approval of the Community Development Department.

55. Building Height - Residential Buildings – Average building height shall not exceed 32’-4” (Building A) and 35’-10” (Building B) feet as depicted on the conceptual elevation plan contained in the exhibits labeled “Project Plan Set,” dated April 13, 2022.

56. Building Height - Parking Structure – Average building height shall not exceed 46’-8” as depicted on the conceptual elevation plan contained in the exhibits labeled “Project Plan Set,” dated April 13, 2022.

57. Roof Access – Roof access shall be provided from within the interior of the building. Exterior roof ladders, visible from public view, are prohibited.

58. 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 (excluding solar), as depicted on “Project Plan Set,” date stamped April 13, 2022. Said equipment and any solar installations shall be screened from public view including Lakeview Canyon Road, Thousand Oaks Boulevard, 101 Freeway, and from adjacent properties within the project site. In the event such mechanical equipment cannot be Item No. 8A
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entirely screened from public view along Lakeview Canyon Road, Thousand Oaks Boulevard, 101 Freeway, all 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.

59. 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 the maximum extent allowed by the public utility providers and shall match the materials and colors of the new building, unless otherwise approved by the Community Development Department and other City utility providers.

60. 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 be signed by the applicant’s Civil Engineer, Soil Engineer and contractor and be 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 April 13, 2022.

61. 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 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.

62. 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, and other City agencies and utility providers.

Item No. 8A
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63. APCD Permit – The applicant shall obtain all necessary clearances from the Ventura County Air Pollution Control District (APCD) prior to beginning any construction activity.

64. 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 these Permits shall be submitted for review and approval by the Community Development and Public Works Departments.

65. Manufactured Slope Height – No new manufactured slope shall exceed twenty-five (25') feet in height, unless otherwise allowed by SP-23 and reviewed and approved by Public Works and Community Development Departments. Prior to the issuance of a grading permit a final grading plan shall be submitted for review reflecting compliance with this requirement.

66. 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.

67. 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.

ACCESS AND CIRCULATION

68. 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 land division. 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

69. Required Parking – At least 1,245 parking spaces for the existing industrial office building and 435 residential parking spaces shall be provided as shown on site within “Project Plan Set,” date stamped April 13, 2022. The Item No. 8A
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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-23. All parking spaces and driveway aisles shall be designed in accordance with Section 9.4-2404 of the Municipal Code. 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.

70. 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) and (iv) and Section 4.4.2 of SP-23. No overhang compact parking space shall be permitted within five feet (5') of any vertical obstruction.

71. 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 and SP-23.

72. Driveway – The design of the driveway and transitions are subject to review and approval of Community Development and Public Works Departments.

73. Driveway and Parking Lot Grades – The driveway and parking lot shall be designed as depicted on grading within “Project Plan Set,” date stamped April 13, 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 allowed by SP-23 and approved by the Community Development and Public Works Departments.

LANDSCAPING, FENCES, AND WALLS

74. 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, 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 Item No. 8A
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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.

75. Manufactured Slope Landscaping – In accordance with the City’s Grading Ordinance (TOMC Section 7-3.24), all 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.

76. Landscaping and Irrigation – All landscaping shall be designed using xeriscaping techniques; i.e. drought-tolerant low water-using plants and as allowed in SP-23. 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.

77. 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.

78. 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).

79. Parking Lot Screen Wall – A combination forty-two (42”) high decorative headlight screen wall and undulated berming is required anywhere new 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. Existing or additional landscaping/berms 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 Item No. 8A
CONDITIONS OF APPROVAL FOR LU 2019-70563, Z 2021-70556, SP 2021-71106, DAGR 2022-70052, RPD 2021-70558, DP 2022-70098, LD 2021-70557, PTP 2021- 70559; AND EIR 2021-71100
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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.

80. Freeway Oriented Screen Walls – Any new screening walls facing Highway 101 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.

81. Restriction of Light Poles – Light poles are prohibited at the ends of landscape fingers.

82. Retaining Walls – All retaining wall shall be constructed of a decorative masonry material with a decorative cap or a concrete material to match the buildings subject to cut sheet detail designs submitted for the review and approval of the Planning Division. All retaining walls shall be limited to a maximum exposed height of six feet (6') and softened by landscaping.

Where such walls are exposed to public view, horizontal articulation of varying depths shall be provided to break up a linear wall appearance.

83. Construction/Security Fencing – Prior to the issuance of a grading/building permit, the applicant shall install a temporary five foot (5’) high chain-link fence within the limits of the proposed development area.

Said fencing shall be provided for purposes of maintaining security, as well as containing trash and debris on-site. The fence shall remain in place during all phases of construction and shall be maintained until no longer needed for trash and debris control as determined by the Community Development Department. The applicant shall be responsible for pick-up of trash and debris on a weekly basis primarily during building construction operations.

84. Decorative Sidewalk Treatment – The use of decorative material such as rock, tiles, pavers or similar patterned material shall be provided at the main pedestrian entrance(s) to each building, or as otherwise allowed by SP-23.

The specific material(s) shall comply with ADA and Title 24 disabled access requirements for paths of travel subject to review and approval by the Community Development Department.

Item No. 8A
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LIGHTING

85. Parking Lot Lighting – All parking lot illumination shall comply with the City’s parking lot standards, utilizing decorative light fixtures with heights not to exceed twenty feet (20') in height. Parking lot light fixtures which abut residential properties shall observe a maximum height of fourteen (14’) feet above grade level, or as otherwise allowed by SP-23. Special design features within the light fixture, including lens and shielding devices, shall be provided to avoid an over intensity of illumination and to direct illumination in a downward direction. All lighting utilized shall be located within landscaped areas, three feet (3') from parking surfaces with twentyfour inch (24") high concrete pedestals. All pedestals shall be painted the same color which shall complement one of the main wall colors of the buildings, subject to the review and approval of the Community Development Department. Where pedestrian walkways occur, the height of these fixtures may be reduced in proportion to human scale. Use of bollard type lighting for safety adjacent to driveways is also encouraged for pedestrian traffic circulation. All lighting attached to these features shall be decorative, oriented in a downward direction, and downward shielded. Prior to issuance of a parking lot electrical permit, a photometric analysis and light fixture catalogue cuts and specifications shall be submitted to the Planning and Building Divisions for review and approval.

86. Lighting on Roof Top – The parking structure rooftop parking area shall be illuminated with wall sconces and shall not extend beyond the height of the parapet. Additionally, the rooftop parking area may be illuminated with a maximum of six (6) light standards 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) Timers shall be installed to limit operation of the lights to no later than 9:00 p.m., every day;
c) Motion sensors shall be installed to limit operation of the lighting to times activity is detected on the roofing. Lighting shall be off when no activity is on the rooftop;
d) Light standards shall not exceed 10’-0” in height;
e) There shall be no modification to the lighting that increases light intensity above levels indicated on the Photometric plan within Project Plan Set, date stamped April 13, 2022; and
f) Light standards shall be located as shown within Project Plan Set, date stamped April 13, 2022. Any modification to the location shall Item No. 8A
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be reviewed and approved by the Planning Division of the Community Development Department prior to performing the work.

87. Roof Illumination – No roof illumination shall be permitted except as otherwise allowed by SP-23 and/or as 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.

88. Wall Lighting – Wall-pac type light fixtures at building entrance doors, loading areas, and outdoor areas within public view area shall not be permitted. Lighting may be provided by decorative downward shielded light fixtures, recessed in a downward direction from projecting canopies, recessed doorways, and window openings. Decorative architectural light fixtures shall be installed on the building walls. Light fixture cut sheets shall be submitted for review and approval by the Planning Division.

Architecturally designed fixed pendant and bracket light fixtures are permitted. The use of such lighting shall be designed to create a uniform illumination generally in a downward direction and not create illumination hot spots on adjacent surfaces.

89. On-building Light Fixtures – The applicant shall submit catalogue cut sheets and specifications for any new exterior light fixtures to the Community Development Department for review and approval prior to installation.

SIGNS

90. All Signs – All site and building signage shall be designed to meet the Architectural Guidelines for Commercial Projects (Res. No. 2005-011), Precise Plan of Design Guidelines (Res. No. 2006-108), as well as Title 9, Chapter 4, Article 23 of the Municipal Code and SP-23. The design, color 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 2021-70559)

91. Scope of Permit Approval – The Protected Tree Permit is granted to allow the following:
• Removal of 26 California sycamore (Platanus racemosa) trees (Tree Item No. 8A
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Nos. 463 - 467, 469 - 476, and 500 – 508, 515 -516, 518, and 525 – 526;
• Encroachment into the protected zones of 35 California sycamore (Platanus racemosa) trees and 1 California black walnut (Juglans californica) tree;
• Removal of 3 Coast Live Oak (Quercus agrifolia) (Tree Nos. 15, 225, and 473) and 2 Valley oak (Quercus lobata) trees (Tree Nos. 218 and 219); and
• Encroachment into the protected zones of 54 Coast Live Oak trees and 9 valley oaks trees.

92. Oak and Landmark Tree Removal – The applicant shall provide two 24- inch box and one 36-inch oak and sycamore replacement tree for each Coast Live Oak (Quercus agrifolia) and sycamore (Platanus racemosa) tree removed respectively. There shall be a total of 93 mitigation trees.

93. 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.

94. Landmark Tree Removal and Encroachment – The removal and encroachment into the protected zone of sycamore trees for the construction of the new multi-family residential and parking structure buildings, utilities, and associated development is hereby approved.

95. Oak Tree Removal and Encroachment – The removal and encroachment into the protected zones of oak trees for the construction of the new multifamily residential and parking structure buildings, utilities, and associated development is hereby approved.

96. Oak and Landmark Tree Preservation and Protection Guidelines Compliance – All construction activities on or near a landmark tree shall conform and abide by the City of Thousand Oaks, Landmark Tree Preservation and Protection requirements as specified in Chapter 4 of Title 9 of the Municipal Code.

97. 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 Item No. 8A
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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.

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

99. Oak and Landmark Tree Maintenance – The continued maintenance of all on-site oak trees is the responsibility of the property owner. All oak trees and sycamore trees shall be maintained in accordance with the Oak Tree Preservation and Protection Guidelines Res.2010-14 and in accordance with Chapter 4, Title 9 of the Municipal Code (Landmark Tree Preservation and Protection).
100. 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. 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.
101. 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 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.
102. 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 Item No. 8A
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tools only and performed under direct supervision of the applicant’s oak and landmark tree consultant.
103. 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. 104. Storage of Materials – No storage of materials is permitted within the protected zones of any oak and landmark trees.

105. 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. 106. Herbicides – No herbicides shall be used within one hundred feet (100') of the dripline of any oak and landmark tree.
107. 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.
108. 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 April 11, 2022, prepared by Chris Kallstrand, ISA.
109. 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 preservation of the subject oak trees, have been properly implemented prior to construction activity. 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.

Item No. 8A
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RESTRICTIONS
110. 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
111. Plan Format – All plans submitted to the Public Works Department shall be on 24 inch by 36-inch sheet size, using city standard title block and asbuilt/record plans submitted as part of the closure and acceptance of the project shall be on 4 mil Mylar.
112. 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.
113. 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 Item No. 8A
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development. Any deviation from this condition must be approved by the City Engineer.
114. Trash Hauler Approval – Prior to issuance of a trash enclosure building permit, the applicant shall provide a letter from Athens Services, the City’s trash hauler, indicating they have reviewed the project plans and that the enclosure location and orientation as shown are acceptable to their company for purposes of trash and recyclables pick up. Contact Athens Services at (805) 852-5264, or visit their Sustainability Center at 2251 E.

Thousand Oaks Blvd.
115. Mandatory Organics Recycling - Mandatory Organics Recycling - The applicant/owner is hereby notified that California State law AB 1826 and SB 1383 require businesses, schools, hospitals, restaurants, government buildings and other commercial properties, including multi-family dwellings of 5 units or more, that generate two cubic yards or more of commercial solid waste per week (trash, recycle, organics, in aggregate) to separate and recycle organic waste and arrange for organic waste collection service.

Organic waste includes food waste, landscape and pruning waste, nonhazardous wood waste, and food-soiled paper.

In addition, SB 1383 requires that Tier 1 (example: supermarket) and Tier 2 (example: restaurant) edible food waste generators arrange to recover the maximum amount of edible food that would otherwise be disposed and participate in the City’s food recovery program, donating the edible food to a food recovery organization. (For more details, refer to Title 6, Chapter 2 of Thousand Oaks Municipal Code, “Regulations for Solid Waste, Organic Waste, and Recyclable Materials Collection, Processing, and Disposal”). 116. 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 the solid waste hauler must have access to parking garages or locked gates without restriction or prior notification.

Item No. 8A
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Operational recycling plans are required before occupancy for the multifamily and the commercial spaces.

Operational recycling plans are required prior to occupancy of the Multifamily units or any individual commercial spaces. 117. 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.
118. Construction/Demolition Debris Recycling Plan – Prior to the issuance 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.
119. 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. 120. 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 Item No. 8A
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accordingly. A schedule of City Hall hours may be obtained from City Hall or at the City’s website www.toaks.org.
121. Survey Monuments – The Applicant shall be fully responsible for the preservation of all survey monuments to the satisfaction of the City Engineer. Prior to the start of construction and prior to the disturbance or destruction of any existing survey monument, 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 to be disturbed or destroyed. Documentation shall be provided to the City that the surveying has been completed.

WATER AND WASTEWATER DIVISION
122. Water Service – Water service to the project is provided by California Water Service Company. Prior to, or concurrent with, submittal of improvement plans to the City, the applicant shall submit a letter to the City from California Water Service Company indicating that the applicant has made the necessary financial and administrative arrangements to receive water service.
123. Wastewater Service – Wastewater collection services to the project are provided by Triunfo Sanitation District. Prior to the issuance of occupancy, the applicant shall provide the City a written letter from the Triunfo Sanitation District indicating that the applicant has satisfied all necessary financial and administrative arrangements to receive wastewater service.

DEVELOPMENT ENGINEERING
124. 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 bond/security posted (if required) prior to initiating construction of any improvements.
125. Easement Conflicts – The applicant is encouraged to confirm there are no easement conflicts by reviewing the subject property’s title report prior to starting the proposed construction.

Item No. 8A
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126. Hauling of Exported Materials – Prior to issuance of a grading permit the applicant shall submit a haul route plan to the Department for review and approval. Said plan shall detail the quantity of earth to be exported, the location to where 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. 127. 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 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 plan-check 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 plan-check 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, which are generated after the applicant’s engineer provides a submittal of the final Record (as-built) Drawings.
128. 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 areas from damage shall be made a part of said grading permit.
129. 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. The project lies within subarea 705B said Master Plan, with Q10 = 1.91 cfs/acre and Q100 = 3.28 cfs/acre. The cfs-per-acre unit Item No. 8A
CONDITIONS OF APPROVAL FOR LU 2019-70563, Z 2021-70556, SP 2021-71106, DAGR 2022-70052, RPD 2021-70558, DP 2022-70098, LD 2021-70557, PTP 2021- 70559; AND EIR 2021-71100
cdd: 420-78/Resolution-Council 01/pz (FILE ID: RPD 2021-70558 / DP 2022-70098 / EIR 2021-71100)

discharge in the Master Plan shall be used when preparing the Q10 (developed) discharge flows and for the detention calculations up through Q100.
130. On-Site Drainage – Project design and engineering plans shall show drainage flows to street and/or yard drains and elevations. 131. 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. 132. 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).
133. 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. 134. 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 Item No. 8A
CONDITIONS OF APPROVAL FOR LU 2019-70563, Z 2021-70556, SP 2021-71106, DAGR 2022-70052, RPD 2021-70558, DP 2022-70098, LD 2021-70557, PTP 2021- 70559; AND EIR 2021-71100
cdd: 420-78/Resolution-Council 01/pz (FILE ID: RPD 2021-70558 / DP 2022-70098 / EIR 2021-71100)

including Q100 (developed) must be detained on-site. A simplified detention method is available for this site.
135. Existing Improvements – Existing improvements fronting the project shall conform to minimum City standards, and if deemed necessary by the City Engineer, shall be repaired or replaced.
136. 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 (M.C. 9-4.2405).

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
137. 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 drawdown typically achieved via groundwater recharge/percolation has been stated via geotechnical investigation to be infeasible. The applicant shall apply vegetative evapotranspiration and the 150% biofiltration “infeasibility” standard as identified in the MS4 Permit and TGM. Treatment of the site’s pollutants of concern shall be addressed through coarse filter pretreatment followed by vegetative contact and bio-filtration, and other natural biological processes. Further details and design requirements are available at www.vcstormwater.org.
138. Stormwater Quality Master Plan - The Owner shall submit a Stormwater Quality Master Plan identifying and addressing all on-site pollutants of concern, and specifying all proposed mitigation measures. The Plan shall provide all the necessary hydrology and treatment duration calculations to mitigate project pollutants of concern pursuant to MS4 Permit and TGM requirements and guidelines. The master plan shall be reviewed and approved by the Public Works Department prior to the issuance of a grading permit.

Item No. 8A
CONDITIONS OF APPROVAL FOR LU 2019-70563, Z 2021-70556, SP 2021-71106, DAGR 2022-70052, RPD 2021-70558, DP 2022-70098, LD 2021-70557, PTP 2021- 70559; AND EIR 2021-71100
cdd: 420-78/Resolution-Council 01/pz (FILE ID: RPD 2021-70558 / DP 2022-70098 / EIR 2021-71100)

139. Permanent Stormwater Facilities – Parking and associated drive areas, material storage and handling areas, delivery areas, loading docks and outdoor work areas shall be designed to minimize degradation of stormwater quality. Best Management Practices, such as oil/water separators, sand filters, landscaped areas for infiltration, basins or approved equals, shall be installed to mitigate pollutants, to the maximum extent practicable, from discharging to the storm drain system. The design must be submitted to the Public Works Department for review and approval prior to the issuance of a paving permit
140. 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 for all projects that disturb over 1 acre, the applicant/owner shall submit a Notice of Intent (NOI) to the California State Water Resources Control 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 and sedimentation 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:

A. Pollutant Escape: Deterrence
B. Pollutant Containment Areas
C. Pollutant Detainment Methods
D. Sediment control and capture
E. Erosion Control / Dust Control
F. Recycling/Disposal
G. Hazardous Materials Identification and Response
141. 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.

Item No. 8A
CONDITIONS OF APPROVAL FOR LU 2019-70563, Z 2021-70556, SP 2021-71106, DAGR 2022-70052, RPD 2021-70558, DP 2022-70098, LD 2021-70557, PTP 2021- 70559; AND EIR 2021-71100
cdd: 420-78/Resolution-Council 01/pz (FILE ID: RPD 2021-70558 / DP 2022-70098 / EIR 2021-71100)

142. Trash/Recycling Areas – The applicant shall provide an adequately sized and properly placed trash enclosure space in order to house a minimum of two (2) trash bins and one (1) recycling bin, measuring a minimum of 9’4” deep x 21’4” long, and shall have a 9’0” interior soffit clearance, in a suitable area of the project site. Trash enclosures and/or recycling area(s) shall be covered and shall be designed in accordance with the City’s latest Refuse Enclosure Space Requirements. Receptacles for trash and recyclables shall be available within each enclosure. All litter/waste material shall be kept in leak proof containers. Area(s) shall be paved with impermeable material and include zero-slope upon interior slabs. No other area shall drain onto these areas. The trash enclosure and/or recycling area(s) 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. The trash enclosures 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 selfcontained and watertight may remain exposed to rainfall provided the surrounding area is frequently inspected and cleaned.
143. 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.
144. Metal Building Surfaces – Prior to occupancy, all exterior metal building surfaces, including roofs, railings, and fences, shall be galvanized or finished with rust inhibitive paint to prevent corrosion and release of metal contaminants into the storm drain system, or the applicant shall provide the Department with a letter from the metal manufacturer indicating that the metal being provided will not release metal contaminants which ultimately may be carried to the storm drain system.

TRAFFIC
145. Traffic Mitigation Fees – The developer acknowledges that the subject development will impact traffic efficiency and therefore agrees to provide for the mitigation of same by complying with the following conditions and by Item No. 8A
CONDITIONS OF APPROVAL FOR LU 2019-70563, Z 2021-70556, SP 2021-71106, DAGR 2022-70052, RPD 2021-70558, DP 2022-70098, LD 2021-70557, PTP 2021- 70559; AND EIR 2021-71100
cdd: 420-78/Resolution-Council 01/pz (FILE ID: RPD 2021-70558 / DP 2022-70098 / EIR 2021-71100)

depositing with the City of Thousand Oaks the appropriate non-refundable fees no later than prior to the issuance of building permits. 146. Bicycle Racks – Prior to building occupancy at least three bicycle rack shall be installed with each rack accommodating a total of at least two bicycles.

The racks shall be provided near building entrances in a manner acceptable to the City Engineer.

CITY/COUNTY/AGENCY FEES
147. Police, Fire Department, Ventura County Watershed Protection District, Conejo Recreation and Park District and Conejo Valley Unified School District Fees – All required fees, including and fees identified in the Standard Conditions, Resolution No. 95-20, shall be paid prior to the issuance of a Building Permit. Notification in writing by these agencies confirming payment shall be submitted to the Community Development Department.

VENTURA COUNTY FIRE PREVENTION DEPARTMENT
148. Hazardous Watershed Fire Area – Portions of this development are in a Hazardous Watershed Fire Area and those structures shall meet hazardous fire area building code requirements. Contact the Building Department for requirements.
149. Fire Department Clearance – Applicant shall submit VCFD Form #610, Fire Permit Application, prior to obtaining a building permit for any new structures.
150. 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. 151. Site Access – Two (2) means of ingress/egress shall be provided to the development in accordance with VCFPD access standards.

Item No. 8A
CONDITIONS OF APPROVAL FOR LU 2019-70563, Z 2021-70556, SP 2021-71106, DAGR 2022-70052, RPD 2021-70558, DP 2022-70098, LD 2021-70557, PTP 2021- 70559; AND EIR 2021-71100
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152. 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. 153. Access Covenant – A covenant and deed restriction upon parcels 680-0- 230-695 and 680-0-230-485 shall be recorded at the time of map recordation and a copy of the record document shall be provided to the Fire District within (7) days of recordation. This covenant shall require upon the sale of any of these parcels, a reciprocal access easement be recorded on all parcels who share the access road/driveway. This easement shall allow for an access road/driveway meeting all Ventura County Fire Protection District access standards and shall be approved by the Ventura County Fire Protection District prior to recordation.
154. 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.
• Where one-way traffic and off-street parking occurs, a 20-foot driveway width shall be provided. (Note: limited use only and not for high hazard occupancies: H, R-1 over 2 stories, R-2)
• Aerial Fire Apparatus Access; 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 roads and driveways. Aerial fire apparatus access roads and driveways shall have a minimum clear width of 30 feet.

Overhead utility and power lines shall not be located within the aerial ladder fire apparatus access roads and driveways. 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 buildings, as approved by the Fire District. Buildings exceeding 50,000 SQFT shall have the required access route along a minimum of two sides. Parking shall be prohibited along the required width of Item No. 8A
CONDITIONS OF APPROVAL FOR LU 2019-70563, Z 2021-70556, SP 2021-71106, DAGR 2022-70052, RPD 2021-70558, DP 2022-70098, LD 2021-70557, PTP 2021- 70559; AND EIR 2021-71100
cdd: 420-78/Resolution-Council 01/pz (FILE ID: RPD 2021-70558 / DP 2022-70098 / EIR 2021-71100)

the access roads and driveways. 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.
155. Mitigation to Aerial Fire Apparatus Access Roads – The fire code official is authorized to reduce the required width to not less than 24 feet when all of the following are provided;
• Automatic fire sprinklers are installed throughout the structure in accordance with NFPA 13.
• Fire sprinkler standpipes are provided on all floors and through to the roof.
• Two or more roof access points are provided through 2-hour fire rated stairs separated a distance not less than half of the diagonal of the structure.
156. Access Road Location – The access / driveway shall be extended to within 250 feet of all portions of the exterior walls of the first story of any building and shall be in accordance with Fire District access standards. Where the access roadway cannot be provided, approved fire protection system or systems shall be installed as required and acceptable to the Fire District. 157. Turning Radius – The access road shall be of sufficient width to allow for a 40-foot centerline turning radius at all turns in the road. 158. Vertical Clearance – All access roads / driveways shall have a minimum vertical clearance of 13 feet 6 inches (13' 6").
159. 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 International Fire Code and current VCFPD Fire Lane Standards. All signs and or Fire Lane markings shall be within recorded access easements.
160. 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. The existing clear width of the bridge connection to the promenade has been reviewed and is acceptable to VCFD as currently constructed. If gates are to be locked, a Knox system shall be installed.

Item No. 8A
CONDITIONS OF APPROVAL FOR LU 2019-70563, Z 2021-70556, SP 2021-71106, DAGR 2022-70052, RPD 2021-70558, DP 2022-70098, LD 2021-70557, PTP 2021- 70559; AND EIR 2021-71100
cdd: 420-78/Resolution-Council 01/pz (FILE ID: RPD 2021-70558 / DP 2022-70098 / EIR 2021-71100)

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.
161. Walkways – Approved walkways shall be provided from all building openings to the public way or fire department access road / driveway. 162. 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. 163. 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.
164. 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.
165. 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.
166. 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).

Item No. 8A
CONDITIONS OF APPROVAL FOR LU 2019-70563, Z 2021-70556, SP 2021-71106, DAGR 2022-70052, RPD 2021-70558, DP 2022-70098, LD 2021-70557, PTP 2021- 70559; AND EIR 2021-71100
cdd: 420-78/Resolution-Council 01/pz (FILE ID: RPD 2021-70558 / DP 2022-70098 / EIR 2021-71100)

167. Knox Device – Exterior access leading to fire sprinkler riser rooms and alarm control panels shall be provided with a Knox Box for emergency access.
168. Door Swing – All exit doors shall swing in the direction of travel (outwards) when leaving the building.
169. 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.
170. Egress Aisle Clearance – All required egress aisles shall be maintained clear of obstructions at any time.
171. Emergency Lighting and Exit Signs – All emergency lights and exit signs shall be maintained in an operable condition at all times. 172. Ground Ladder Access – Access around the building shall be provided to allow for laddering the building, at a maximum 75-degree angle, to reach 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.
173. Fire Hydrant Plan – Prior to construction, the applicant shall submit plans to the Fire District for placement of fire hydrants. On plans, show existing hydrants within 300 feet of the development. Indicate the type of hydrant, number and size of outlets.
174. Fire Hydrant(s) Required – Fire hydrant(s) shall be provided in accordance with current adopted edition of the International Fire Code, Appendix C and adopted amendments. On-site fire hydrants may be required as determined by the Fire District.
175. 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 Water Works Manual and the following.
• Each hydrant shall be a 6-inch wet barrel design and shall have (1) 4 inch and (2) 2 ½ inch outlet(s).
• The required fire flow shall be achieved at no less than 20-psi residual pressure.
• Fire hydrants shall be spaced 300 feet on center and so located that Item No. 8A
CONDITIONS OF APPROVAL FOR LU 2019-70563, Z 2021-70556, SP 2021-71106, DAGR 2022-70052, RPD 2021-70558, DP 2022-70098, LD 2021-70557, PTP 2021- 70559; AND EIR 2021-71100
cdd: 420-78/Resolution-Council 01/pz (FILE ID: RPD 2021-70558 / DP 2022-70098 / EIR 2021-71100)

no structure will be farther than 150 feet from any one hydrant. • Fire hydrants shall be set back in from the curb face 24 inches on center.
• No obstructions, including walls, trees, light and sign posts, meter, shall be placed within three (3) feet of any hydrant.
• A concrete pad shall be installed extending 18 inches out from the fire hydrant. Ground clearance to the lowest operating nut shall be between 18 to 24 inches.
176. Fire Hydrant Installation – Prior to combustible construction on any parcel, a fire hydrant capable of providing the required fire flow and duration shall be installed and in service along the access road / driveway at a location approved by the Fire District, but no further than 150 feet from the building site. The owner of the combustible construction is responsible for the cost of this installation.
177. Hydrant Location Markers – Prior to occupancy of any structure, blue reflective hydrant location markers shall be placed on the access roads in accordance with Fire District standards. If the final asphalt cap is not in place at time of occupancy, hydrant location markers shall still be installed and shall be replaced when the final asphalt cap in completed. 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 Mylar 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 Standard

14.7.2. 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. Fire Alarm System – A fire alarm system shall be installed in all buildings in accordance with California Building and Fire Code requirements. 181. 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.

Item No. 8A
CONDITIONS OF APPROVAL FOR LU 2019-70563, Z 2021-70556, SP 2021-71106, DAGR 2022-70052, RPD 2021-70558, DP 2022-70098, LD 2021-70557, PTP 2021- 70559; AND EIR 2021-71100
cdd: 420-78/Resolution-Council 01/pz (FILE ID: RPD 2021-70558 / DP 2022-70098 / EIR 2021-71100)

182. 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. 183. Fire Extinguishers – Fire extinguishers shall be installed in accordance with the International Fire Code. The placement of extinguishers shall be subject to review by the Fire District.
184. Trash Dumpster Locations – Commercial trash dumpsters and containers with an individual capacity of 1.5 cubic yards or greater shall not be stored or placed within 5 feet of openings, combustible walls, or combustible roof eave lines unless protected by approved automatic fire sprinklers. 185. Spark Arrester – An approved spark arrester shall be installed on the chimney of any structure(s).
186. Fire Code Permits – Applicant and / or tenant shall obtain all applicable International Fire Code (IFC) permits prior to occupancy or use of any system or item requiring an IFC permit.
187. Construction Access – Prior to combustible construction, a paved allweather access road/driveway suitable for use by a 20-ton Fire District vehicle shall be installed at locations approved by the Fire District. 188. 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.

POLICE DEPARTMENT
189. 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 or Light-Emitting Diode (LED) is preferred over highpressure sodium fixtures, since metal halide and LEDs provides superior illumination and color rendition. A lighting plan must be submitted to The Thousand Oaks Police Department for review and is subject to change prior to Police Department approval.

Item No. 8A
CONDITIONS OF APPROVAL FOR LU 2019-70563, Z 2021-70556, SP 2021-71106, DAGR 2022-70052, RPD 2021-70558, DP 2022-70098, LD 2021-70557, PTP 2021- 70559; AND EIR 2021-71100
cdd: 420-78/Resolution-Council 01/pz (FILE ID: RPD 2021-70558 / DP 2022-70098 / EIR 2021-71100)

190. LANDSCAPING – Landscaping shall not cover, nor partially cover any exterior door or window. Landscaping, including trees, will not be placed directly 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 from within the project.
191. ADDRESS NUMBERS – Wall mounted address numbers shall be a minimum of ten inches in height, be of a highly contrasting color to the background on which they are attached, and shall be illuminated from dusk to dawn by a permanent, dedicated light source.

Address numbers shall be mounted in a prominent, non-obstructed location on all sides of the building. All individual unit numbers shall be a minimum of 4” in height, and will display the address at the main entrances and in an area which will be clearly visible from the main roadways in the complex.

Map signs of the location will be placed at all vehicular and pedestrian entrances to residential units.
192. 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.

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

Item No. 8A
CONDITIONS OF APPROVAL FOR LU 2019-70563, Z 2021-70556, SP 2021-71106, DAGR 2022-70052, RPD 2021-70558, DP 2022-70098, LD 2021-70557, PTP 2021- 70559; AND EIR 2021-71100
cdd: 420-78/Resolution-Council 01/pz (FILE ID: RPD 2021-70558 / DP 2022-70098 / EIR 2021-71100)

• Stairways, ramps and exits shall have a minimum maintained tenfoot candle at floor level at all times with an open concept.

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.

Elevator interiors shall be equipped with mirrors or highly reflective surfaces to allow surveillance of the interior prior to entry, and shall have a minimum interior dimension of 6’ 8” wide x 4’9” deep in order to accommodate a standard sized medical gurney and emergency response personnel.

Elevators in the parking structure must be glass backed elevators.

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 the property owner in removing abandoned vehicles on the property.
193. 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.
194. 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. 195. ELEVATORS – Elevator interiors shall be equipped with mirrors or highly reflective surfaces to allow surveillance of the interior prior to entry, and shall have a minimum interior dimension of 6’ 8” wide x 4’9” deep in order to accommodate a standard sized medical gurney and emergency response personnel.
196. OTHER SECURITY CONCERNS - The business will correct any safety or security concerns upon written notice by the Thousand Oaks Police Department.

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ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF THOUSAND OAKS ADOPTING SPECIFIC PLAN
NO. 23 (1 BAXTER WAY), AND ITS ASSOCIATED
GENERAL PLAN AMENDMENT; AND AUTHORIZING

THE LAND USES AND DEVELOPMENT STANDARDS
IN SAID SPECIFIC PLAN (APPLICANT: ONE BAXTER
WAY, L.P.)
WHEREAS, the Thousand Oaks Planning Commission held a noticed public hearing on June 13, 2022 and thereafter, recommended that City Council certify the Final Environmental Impact Report No. 2021-71100 for Specific Plan No. 23 and its associated General Plan Amendment No. 2019-70563 and that the City Council approve said Specific Plan and General Plan amendment to regulate specific land uses and design standards for approximately 42.9 net acres of property located north of US 101 Freeway, south of Thousand Oaks Boulevard, and west of Lakeview Canyon Road 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 28, 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; 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 28, 2022.

NOW, THEREFORE, BE IT RESOLVED that pursuant to Government Code Sections 65453 and 65850, the City Council of the City of Thousand Oaks does hereby ordain as follows:

ATTACHMENT #5
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Part 1
(Uncodified)
EIR, GPA, SP - 23
The Final Environmental Impact Report No. 2021-71100 is certified and approved, along with the corresponding General Plan amendment and development entitlements.

Specific Plan No. 23 is hereby approved and 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. 2021-71100 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.

2. The Specific Plan complies with the Thousand Oaks General Plan including the Industrial and High Density Residential 15-30 dwelling units per net acre land use designations identified on the Land Use Element.

3. The 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 industrial component and uses permitted, implementing open space features, and applying design standards intended to be sensitive to adjacent properties and residents.

4. The 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.

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Part 2
(Uncodified)
Severability
If any section, subsection, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this title; it being hereby expressly declared that this title, and each section, subsection, sentence, clause and phrase hereof, would have been prepared, proposed, adopted, approved, and ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

Part 3
(Uncodified)
Effective Date
This Ordinance shall take effect on the thirty-first (31st) day following its final passage and adoption.

PASSED AND ADOPTED this this XXth day of XXXXX, 202X, by the following vote:

Ayes:

Noes:

Absent:

Bob Engler, Mayor
City of Thousand Oaks, California
ATTEST/CERTIFY:
__
Cynthia M. Rodriguez, City Clerk
Date Attested: ___________________
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APPROVED AS TO FORM
Office of the City Attorney
_____
Tracy Noonan, City Attorney

APPROVED AS TO ADMINISTRATION
_____
Andrew P. Powers, City Manager
Introduced: XXXX XX, 202X
Published: XXXX XX, 202X
Ordinance No.: XXXX-NS
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the City of Thousand Oaks City Council on the date cited above. .

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EXHIBIT "A"
April 2022

THE OAKS SPECIFIC PLAN
Specific Plan No. 23

1. Authority for Specific Plan No.

Specific Plan No. 23 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 23 is shown in Exhibit “1,” which is permanently retained on file with the City. The location and boundaries of the Specific Plan area are depicted on the attached map labeled Exhibit- "2," which is permanently retained on file with the City. The site is an infill site to the north of US 101 Freeway, south of Thousand Oaks Boulevard, and west of Lakeview Canyon Road and is approximately 42.9 acres.

3. Existing Conditions
The Specific Plan area presently contains a with an industrial office building (One Baxter Way), a surface parking lot, hardscape, landscape planters, and landscaping. The site is characterized by a gentle ascending grade from the rear southwestern portion the site to the front eastern portion of the site. A large landscape berm is located along the US 101 Freeway at southern portion of the site. The berm stretches approximately 1,400 feet across the southern property line and is setback from the US 101 Freeway between 150 to 350 feet. The berm ascends from the US 101 Freeway to the existing industrial development. The berm varies in height, with the western knoll (adjacent to industrial building) rising approximately 55 feet in elevation from the US 101 Freeway and the eastern knoll rising approximately 65 feet in elevation from the US 101 Freeway. There is an existing shopping center to the west beyond the drainage course, existing US 101 Freeway to the south, existing commercial and commercial office uses to the north beyond Thousand Oaks Boulevard and existing industrial office uses to the east beyond Lakeview Canyon Road.

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4. Purpose and Intent
The purpose of Specific Plan No. 23 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. 23 to the City’s General Plan:
(i) That General Plan states “high density residential development” like the proposed multi-family residential 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 underutilized containing an existing industrial office building within a previously developed site within close proximity of existing commercial, institutional, educational, and industrial uses.

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 multi-family residential uses and parking structure development on this site is consistent with the General Plan’s Industrial and High Density Residential 15-30 dwelling units per net acre 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 264 unit 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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residential development within close proximity to 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 to the west within the Thousand Oaks Boulevard area (Specific Plan 20), so these residents will be able to work nearby.
(v) In addition, the proposed development is consistent with greenhouse gas reduction sustainability concepts because the project includes proposed development that is within walking distance to retail and restaurants or to nearby shops and restaurants and close to employment centers. Thousand Oaks Boulevard runs along the northern property line with industrial and commercial centers to the east and north of this site. Nearby City bus routes adjacent to the site along Thousand Oaks Boulevard and to the southeast at Via Merida, with five (5) others within approximately half mile, providing service connections along South Lakeview Canyon Road, Hampshire Road, Hillcrest Drive, Moorpark Road, Westlake Village, and the Thousand Oaks Transit Center. Further, the US 101 freeway on and off ramps are nearby to the southwest.

6. Use Areas
The following uses only shall be permitted within Specific Plan No. 23 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,” which is permanently retained on file with the City, the Specific Plan area will consist of the following two (2) use areas:
“Industrial Use” within Planning Area 2, allowing an existing industrial office building and proposed parking structure which encapsulates related industrial uses and services, all as a permitted use. Planning Area 2 is compatible with the existing Industrial Park zoning for site and consistent with the M-1 zoning designation. Other potential uses compatible with the primary “Industrial Use” may be considered with Community Development Director or designee approval.
“Multi-family Residential” area allowing 264 residential units distributed across four, three-story, podium style multi-family residential buildings with related amenities and accessory uses for its residents and their guests.

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The site contains two parcels: one encompassing 8.8 acres (Parcel 1) and the second parcel encompassing 34.1 acres (Parcel 2). Parcel 1 is proposed for the multi-family residential development and associated subterranean parking and Parcel 2 is proposed for the four-story parking structure and existing industrial office building. The Project includes the implementation of two Planning Areas: Planning Area 1 (multi-family residential) is proposed within Parcel 1 and Planning Area 2 (existing industrial park) is proposed within Parcel 2).

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.

Use Matrix Table:

Planning Area 1 (Gateway) Permitted Uses Approval
Required*
Day Nurseries (Child Care Centers) SUPA
Dish antennas over 18 inches in diameter SUPA
Dog parks P
Fitness facilities, Accessory (Indoor or Outdoor) P
Home occupations HOP
Large Family Day Care SUPA
Park and recreational facilities, accessory P
Parking structures and surface lot(s) DP
Places of worship SUP
Multi-family residential RPD
Residential Care Facilities (Small) P
Roof-top open space. Any roof-top amenities with amplified sound require a SUPA.

P/SUPA
Water Supply, per limitations of Sec. 9-4.2106(o) of the TOMC
P
Wireless communications facilities SUP
Wireless communications facilities, small SWF
Any other use determined by the Community Development
Director to be within the general purpose and intent of the Planning Area
SUPA
*P = Permitted
DP = Development Permit (Planning Commission or CD Director per Sec. 9

4.2804(a)(1) of the TOMC)
HOP = Home Occupation Permit (CD Director)
RPD = Residential Planned Development Permit (Planning Commission or CD Director per Sec. 9-4.2804(a)(2) of the TOMC)
SUP = Special Use Permit (Planning Commission)
SUPA = Special Use Permit Administrative (CD Director)
SWF = Small Wireless Facility Permit (CD Director or City Engineer) Item No. 8A
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Planning Area 2 (Industrial Park) Permitted Uses Approval Required*
Administrative, business and professional offices SUP
Alcoholic beverage production and storage (e.g., craft
beer) – with incidental tasting, food service and retail sales, without live entertainment
SUPA
Alcoholic beverage production and storage (e.g., craft
beer) – with incidental tasting, food service and retail sales, with live entertainment
SUP
Banks and similar financial services SUP
Day Nurseries (child care centers) SUPA
Dish antennas over 18 inches in diameter SUPA
Health clubs, fitness studios, dancing schools,
gymnasiums, martial arts studios (less than 10,000 square foot gross floor area)
SUPA
Incidental uses clearly incidental or accessory to the main permitted use and compatible with the area
DP/SUP (if within
400’ of a
residential zone)
Laboratories, experimental DP/SUP (if within
400’ of a
residential zone)
Medical and dental laboratories DP/SUP (if within
400’ of a
residential zone)
Parking structures and surface lot(s) P
Research and development, biotech, innovation industries, small-scale incubator industries and other similar uses DP/SUP (if within
400’ of a
residential zone)
Restaurants, cafes, coffee shops, and other specialized food and beverage service establishments without
alcoholic beverage consumption (up to 0.5% alcohol by
volume)
SUP
Restaurants, cafes, and other specialized food service
establishments with alcoholic beverage consumption
(greater than 0.5% alcohol by volume)
SUP
Technology and life sciences DP
Trade and training schools DP
Wireless communications facilities DP/SUP (if within
400’ of a
residential zone)
Wireless communication facilities, small SWF
Any other use determined by the Community Development
Director to be within the general purpose and intent of the Planning Area
SUPA
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*DP = Development Permit (Planning Commission or CD Director per Sec. 9-

4.2804(a)(1) of the TOMC)
SUP = Special Use Permit (Planning Commission)
SUPA = Special Use Permit (CD Director)
SWF = Small Wireless Facility Permit (CD Director or City Engineer)

7. Residential Density and Intensity of Development
The 264 residential dwelling units have been allocated to this site by the City Council. The multi-family residential areas are contemplated to have apartment units with a maximum density of 30 dwellings units per net acre (based on 8.8 acres per City Council resolution 2021-006). The site coverage and intensity and locations of the new structures and buildings shall be located substantially as shown on the Site Plan within the “Project Plan Set” dated April 13, 2022, attached as Exhibit “4,”. which is permanently retained on file with the City

8. Development Standards
A. Building Height
(1) Building Height Parking Structure and Industrial Buildings.

Buildings shall not exceed an average height of 75 feet as prescribed by SP-23. 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 50 feet as prescribed by SP-23. A building or structure exceeding such height, may be approved by the Planning Commission.
(3) 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 10 feet from the face of the building or any other similar device shall not exceed twenty (20’) feet above the prescribed height limit.

B. Setbacks:

The following area regulations shall apply to any use/ development permitted in Specific Plan No. 23:
(1) Planning Area 1 Buildings:

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(a) Front (east): There shall be a front (street) yard first floor setback of 20 feet minimum for all main structures along Lakeview Canyon Road.
(b) Side (north): There shall be a 20-foot minimum yard setback to property line for structures.
(c) Side (west): There shall be a 20-foot minimum yard
setback to property lines abutting the Specific Plan
area boundary
(d) Rear (south): There shall be a 20-foot minimum yard setback to Planning Area 2 boundary.
(2) Planning Area 2 Buildings:

(e) Front (east): 100 feet front (street) yard setback to centerline of street.
(f) Side (west): no setback required to interior property lines abutting the Specific Plan boundary.
(g) Side (north): There shall be a 20-foot minimum yard setback to Planning Area 1 boundary.
(h) Rear (south): 100 feet to centerline of Freeway or 20 feet to edge of right-of-way, whichever is greater.

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-23.
(2) Required parking:
a. Apartment Buildings: Studio and one-bedroom
apartments, 1 space per unit; two-bedroom apartments,

1.5 spaces per unit; plus an additional .5 guest parking spaces per unit.
b. Industrial Park:
• Business and professional offices: 1 space for 250
square feet of gross leasable floor area.

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• Laboratories: 1 for each 500 square feet of gross floor area or 1 for every 2 employees on the largest shift,
whichever is greater, plus 1 for each company vehicle,
plus 1 for each 250 square feet of gross floor area for incidental office use.
• Research and development: 1 for each 300 square
feet of gross floor area, plus 1 for each company
vehicle, plus 1 for each 250 square feet of gross floor area for incidental research and development use.
• Restaurants and similar dining establishments: 1 for
each 45 square feet of customer area and 1 for each
250 square feet of all other floor area; no additional
spaces are required for outdoor customer dining areas
within the seating limits set forth in Section 9-

4.2523(a)(1) of the TOMC.
• Technology and/or life sciences and/or laboratories: 1 space for every 500 square feet of net floor area. A total of 20 percent of the net floor area may be devoted to an accessory office use without providing additional
parking spaces. However, an accessory office use
which exceeds 20 percent of the net floor area shall
provide parking for the entire use at a ratio of one space per 300 square feet of net floor area.
• All other uses shall be pursuant to Article 24 of the TOMC
(3) Parking Location:

All required residential parking associated with the residential units will be provided within the subterranean parking
structures and surface level parking, including guest parking spaces.

All required residential parking associated with the apartment residential units will be provided within the parking garages, with guest parking spaces predominately consisting of surface level parking.

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

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D. Parking Space Dimensions:

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

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,” which is
permanently retained on file with the City.
(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.

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(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,” which is permanently retained
on file with the City
F. Signs:

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

1. Signage along the 101 Freeway: No freestanding sign shall be readable from the 101 Freeway right-of-way and no freestanding sign may be placed on the freeway frontage.

2. 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.

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. Signage proposed shall include, but not be limited to:
a). Text description,
b). Pictorial representation of 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 all proposed signs.

4. Monument signs shall be limited to no more than thirty-two (32’) square feet exposed surface area on one side (maximum height of six [6’] feet including the base). There will be no more than one (1) monument sign per vehicular entry from a public right-of-way (excluding the 101 freeway).

The Community Development Director may permit one single-faced sign on any portion of a site to advertise the sale or lease in total of the property, identify a construction project, or announce a building project. Such sign shall not total more than thirty-two (32’) 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 eight (8') feet. Such sign shall be removed in accordance with the provisions of Section 94.2304 of Article 23.

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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 landscape area between Planning Area 1 and
Planning Area 2 will be upgraded with Landscaping and
Hardscape as a pedestrian open space, 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.

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.

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J. Apartment Common Open Space:

A minimum of 100 square feet per unit of Common Open Space shall be required. The following Common Open Space amenities shall be incorporated into the residential development:

Pools, active recreation, passive recreation, seating areas, barbeques, sunning decks, fire pits, common roof decks, courtyards, dog park and a children’s nature play area. and other similar uses.

Common open spaces shall have a minimum dimension of 20 (twenty) feet and a minimum size of 500 square feet per open space amenity area.

At least one (1) accessible dog park with seating area.

In addition, the proposed development shall have a well-coordinated pedestrian circulation which will utilize pedestrian paths internal to the site, that would have a dual purpose for gathering/passive recreation as well as providing connectivity throughout the site and nearby uses. 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, cement and metal panel siding, vertical and horizontal variation, and transparent panel railing. The residential buildings shall be sited at the northern portion of the site and located and oriented toward the interior of the site. The proposed parking structure shall be sited at the southern portion of the site and designed to be compatible with the existing industrial office building within Planning Area 2. 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. 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.

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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.

D. The parking structure rooftop parking area shall be illuminated with wall sconces and shall not extend beyond the height of the parapet. Additionally, the rooftop parking area may be
illuminated with a maximum of six (6) light standards 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) Timers shall be installed to limit operation of the lights to no later than 9:00 p.m., every day;
c) Motion sensors shall be installed to limit operation of the lighting to times activity is detected on the roofing. Lighting shall be off when no activity is on the rooftop;
d) Light standards shall not exceed 10’-0” in height;
e) There shall be no modification to the lighting that increases light intensity above levels indicated on the Photometric plan within Project Plan Set, date stamped April 13, 2022; and
f) Light standards shall be located as shown within Project Plan Set, date stamped April 13, 2022. Any modification to the location shall be reviewed and approved by the
Planning Division of the Community Development
Department prior to performing the work
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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,” which is permanently retained on file with the City. The proposed distribution, location, extent, and intensity of major components of the public and corresponding private sewage 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 “4,” which is permanently retained on file with the City.

In addition, the mitigation measures described in Environmental Impact Report (EIR) 2021-71100 shall be implemented.

N. Affordable Housing Component:

To help meet the City’s RHNA numbers the multi-family residential areas will contain 34 affordable units (13% of total units) for qualifying very-low and 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 four (4) studio units, eight (8) one-bedroom units, and four (4) two-bedroom units and the lowincome affordable units include five (5) studio units, eight (8) onebedroom units, and 5 (five) two-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 Item No. 8A
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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 Specific Plan requirements shall apply.

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. 23 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. 23 by the City, and pursuant to the provisions of California Government Code Section 65453, the City shall adopt an ordinance establishing Specific Plan No. 23.

Item No. 8A
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EXHIBIT 1
Vicinity Map
Item No. 8A
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EXHIBIT 2
Location Map
Item No. 8A
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EXHIBIT 3
Item No. 8A
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ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF THOUSAND OAKS APPROVING A
DEVELOPMENT AGREEMENT (1 BAXTER WAY;
APPLICANT: ONE BAXTER WAY, L.P.)
The City Council of the City of Thousand Oaks does hereby ordain as follows:

Part I
Based upon the information contained in the Staff Report, exhibits, and public testimony given at a public hearing on June 28, 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 One Baxter Way, L.P. (“Developer”) desires to carry out the development of a multi-family residential development and parking structure project (“Project”) located at 1 Baxter Way (“Property”), consistent with the General Plan, newly adopted Specific Plan (SP 23), other City rules and regulations, and the Development Agreement and vested entitlements referenced therein; and WHEREAS, this Development Agreement (DAGR 2022-70052) 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 ATTACHMENT #6
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the Project and promote the achievement of the private and public objectives of the Project; and
WHEREAS, the Planning Commission, upon giving the required notice, did, on the 13th day of June, 2022, opened a duly-advertised public hearing as prescribed by law to consider said application; and
WHEREAS, on the 13th 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 28, 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) 2019-70563; Zoning Change (Z) 2021-70556; Specific Plan (SP) 2021-71106; Development Agreement (DAGR) 2022-70052; Residential Planned Development (RPD) 2021-70558; Development Permit (DP) 2022-70098; Land Division (LD) 2021-70557; Protected Tree Permit (PTP) 2021- 70559, and adopt and make the CEQA Findings and certify the FEIR 2021-71100.

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 23; (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 “horizontal mixed-use” project consisting of an existing industrial development and proposed multi-family residential development and parking structure, 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 site and within nearby properties.

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 “industrial and high density 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 23 and the City’s Architectural Design Review Guidelines, Precise Plan of Design Guidelines, Commercial Design Guidelines, and Freeway Corridor Guidelines.
(i) EIR 2021-71100 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.

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;
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(b) The City’s General Plan, as amended by General Plan Amendment LU 2019-70563 (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 28, 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 2022-70052 (EXHIBIT A) is hereby approved and adopted as presented to City Council on June 28, 2022 and with the second reading held on July 5, 2022.

Part 4
(Uncodified)
Severability
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)
Effective Date
This Ordinance shall take effect on the thirty-first (31st) day following its final passage and adoption
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: _________________
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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 28, 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.

Item No. 8A
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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
ONE BAXTER WAY, L.P.

THIS DEVELOPMENT AGREEMENT is entered into this ___ day of ________________, 2022, by and among the CITY OF THOUSAND OAKS, a California municipal corporation (“City”), on the one hand, and One Baxter Way, L.P. (“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 stablishing 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 One Baxter Way, L.P.

E. On February 23, 2021, the City Council adopted Resolution No. 2021-006, “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 Use Located at 1 Baxter Way (LU 2019-70563 / RCA 2019-70561: One Baxter Way LP)”. As part of that Resolution, the City Council approved LU 2019-70563 and RCA 2019-70561, allocating 264 residential dwelling units of Citywide Measure E residential capacity to Gateway.

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 1 Baxter Way, Thousand Oaks, California A.P.N. Numbers 680-0-230-695 and 680-0-230-715 (“Property” or “Project Item No. 8A
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Site”). City, in the exercise of its legislative discretion, voluntarily enters into this Agreement to implement the General Plan and in consideration of the agreements and undertakings of Owner as specified herein.

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 2019-70563 to High Density Residential 15-30 dwelling units per net acre for the 8.8-acre residential portion of the Project Site (Planning Area 1);

b. Specific Plan 23 (2021-71106);
c. Zone Change 2021-70556 to establish a “Specific Plan” for the entire property known as Specific Plan No. 23;
d. Residential Planned Development (RPD) 2021-70558
e. Development Permit (DP) 2022-70098
f. Protected Tree Permit No. 2021-70559
g. Development Agreement (DAGR) 2021-70399
h. Land Division Permit No. 2021-70557
i. Environmental Impact Report (EIR) 2021-71100
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 B, 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 23 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 [June 13, 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 Item No. 8A
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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 the City Council at a duly noticed public hearing on [date], in accordance with State law and City’s Development Agreement Ordinance.

L. The City Council, after conducting a duly noticed public hearing on [date], 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 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 [date], followed by the City Council’s second reading of the new ordinance on [date].

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. 23 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 Item No. 8A
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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 (Specific Plan No. 23) and will provide public benefits to City it would not be entitled to absent this Agreement.

R. 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 and Specific Plan No. 23 and provide funding for certain public infrastructure improvements needed for the Project or public projects. All such public improvements or projects are beneficial to the health, safety, and general welfare of the City in general.

S. 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. 23 and the upgrading of City infrastructure and improvements.

T. 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.

U. 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 Item No. 8A
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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 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, unless otherwise provided by this Agreement or the Project Approvals.

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 Item No. 8A
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current General Plan and Zone Change Ordinance for the Project Site, the Applicable Laws and this Agreement.

1.10. “Lower 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 E and future amendment and revisions thereto.

1.11. “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.

1.12. “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.

1.13. “Owner” or “Developer” means One Baxter Way, L.P., and each and all of their respective transferees, partners, successors, and assigns, whether voluntary or involuntary.

1.14. “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.

1.15. “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.

1.16. “Project Approvals” means those discretionary City permits and approvals, including those listed in Recital I 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.

1.17. “Property” is that certain real property located within the City of Thousand Oaks at 1 Baxter Way, Thousand Oaks, California 91362, APNs 680-0-230- 695 and 680-0-230-715 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.” Item No. 8A
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1.18. “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.

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

1.20. “Very Low Income Households” means household at or below 50 percent of the Area Median Income. Refer to the 2022 Ventura County Income Limits chart attached hereto as Exhibit E and future amendment and revisions thereto.

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 April 13,
2022
D Conditions of Approval
E Ventura County Income Limits
Chart
F Sustainability Features

3. Agreement Effective Date and 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 the buildings of the Project. The term may be terminated, modified or extended by mutual consent in writing of the. 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 Item No. 8A
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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 provide the Benefits to City 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 by a third-party, the Term is tolled from the date the challenge is filed with a court of competent jurisdiction, through the duration of the litigation, with the tolling period ending on the date of disposition. All Project Approval expiration dates will extend through the term of the Agreement.

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 Item No. 8A
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Applicable Laws 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 Laws, 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, 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 bult 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 the 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 Laws, Project Approvals and other Discretionary Actions, and the Reserved Powers, subject to the terms and conditions of this Agreement.

Item No. 8A
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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 Laws 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. 23, or (f) amend the City’s Planning and Zoning Code (title 9). This Agreement has a fixed Term. Furthermore, in any subsequent 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 (Phase 1 being the construction of a parking structure and backbone project infrastructure, and Phase 2 being the construction of residential buildings and remaining project infrastructure), which increases residential stock in the City by adding up to 264 residential units;

6.1.2. Of the 264 units, Eighteen (18) residential units will be reserved for, and made available to, Lower Income Households, for at least 55 years. Of the eighteen (18) units, five (5) will be studio apartments, eight (8) will be one-bedroom apartments, and five (5) will be two-bedroom apartments;

6.1.3. Of the 264 units, Sixteen (16) residential units will be reserved for, and made available to, Very Low Income Households, for at least 55 years. Of the sixteen (16) units, four (4) will be studio apartments, eight (8) will be one-bedroom apartments, and four (4) will be two-bedroom apartments;

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

6.1.5. 400 square feet of workshare office space for the residents’ use ;

6.1.6. Enhanced architectural design with appropriate massing and scale, extensive articulation, glazing, and extensive detailing with upgraded materials; Item No. 8A
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