6.1.7. Integrate sustainable features, including rooftop solar and EV charging stations. 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. Additionally, 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. Owner will also be installing all electric appliances in all 264 residential units, and a dedicated car sharing program by providing a dedicated parking space for use by a car sharing program (e.g., Zipcar or equivalent), all which go beyond Title 24 requirements. Exhibit F is attached which outlines the sustainability features of the Project;
6.1.8. Owner’s agreement to construct a 120 square foot tutoring center in the residential amenity space with a dedication to allow the space to be used for tutoring of students;
6.1.9. Ongoing maintenance of the City of Thousand Oaks’ identification sign.
6.2. Benefits to Owner and Obligations of City. Owner will expend time and money in constructing public improvements and facilities in connection with the Project, and thus the vested rights provided by this Agreement will be of considerable benefit to Owner. The benefits to Owner and obligations of City also include the following:
6.2.1. City’s adoption of a General Plan amendment, Zone Change and approval of the other Project Approvals to provide for residential units on the property, which significantly enhances the value of the Property;
6.2.2. City’s guarantee that certain Processing Fees and Development Fees related to development of the Property will not increase during the term of the Agreement;
6.2.3. City’s agreement to allow Owner to have all applications for City entitlements processed in accordance with the Project Approvals and Applicable Laws during the Term of this Agreement;
6.2.4. City’s agreement to not change the existing zoning and General Plan designations of the Property without Owner’s consent during the Term of this Agreement; and
6.2.5. City’s agreement to allow Owner to defer payment of City Development Fees for up to twenty-four (24) months from the Agreement Effective Date;
6.2.6. City’s assurance that any permits for the Project as described herein for which owner has submitted plans entitled “Project Plans” (attached as Exhibit C) will be processed expeditiously and assigned a dedicated City planner.
Item No. 8A
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7. Project Development
7.1. Project Description and Binding Covenants. The Property is that property described in the attached Exhibits A and B which include a map showing its location and boundaries. The Property is commonly described as located at 1 Baxter Way, Thousand Oaks, California A.P.N.s 680-0-230-695 and 680-0-230-715. Owner represents that it has a legal or equitable interest in the Property and that all other persons holding legal or equitable interests in the Property (excepting owners or claimants in easements) agree to be bound by this agreement. The Parties intend and determine that the provisions of this Agreement shall constitute covenants which shall run with said Property, and the burdens and benefits hereof shall bind and inure to all successors in interest to the Parties hereto.
7.2. General Development. Any development of the Project on the Property shall be conducted in accordance with the terms and conditions of this Agreement and attached exhibits.
7.3. Ministerial Approvals. City hereby agrees that Ministerial Approvals for the Project will be approved in a manner consistent with the Project Approvals and Applicable Laws, provided that Owner satisfactorily complies with all preliminary procedures, actions, payments, criteria, and regulations applicable as of the Agreement Effective Date and generally required of developers by City for processing applications for developments at such time.
7.4. CEQA Compliance. The City Council approved the current General Plan Land Use Element designation and zoning for the Property after considering the information and findings of the Environmental Checklist for this Project and EIR No. 2021- 71100. The Project is subject to all applicable mitigation measures and project design features as described in EIR No. 2021-71100.
7.5. Permitted Uses and Development Standards. In accordance with and subject to the terms and conditions of this Agreement, Developer shall have a vested right to develop the Property for the uses and in accordance with and subject to the terms and conditions of this Agreement, the Project Approvals, the Future Development Entitlements (if and when approved), Ministerial Approvals (if and when approved), any amendments to the foregoing approved by the City, and, to the extent not addressed in the foregoing, the Applicable Laws. The exhibits attached hereto and incorporated herein by reference, and any amendments to the Project Approvals or Agreement as may, from time to time, be approved pursuant to this Agreement.
7.6. Owner to Build Approved Project. Owner hereby agrees that development of the Project shall be in accordance with the Project Approvals, including the conditions of approval and the mitigation measures and project design features for the Project as adopted by City, any amendments to the Project Approvals or Agreement as may, from time to time, be approved pursuant to this Agreement; the Future Development Entitlements (if and when approved), Ministerial Approvals (if and when approved); any amendments to the foregoing approved by the City; and, to the extent not Item No. 8A
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addressed in the foregoing, the Applicable Laws. Nothing in this Section shall be construed to restrict the ability to make minor changes and adjustments in accordance with Subsection 10.2. Notwithstanding the foregoing, nothing in this Agreement shall require Owner to construct the Project or pay fees for any portion of the Project that Owner does not construct.
7.7. Timing of Development. The California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal.3d 465 (1984), that failure of the parties in that case to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over the parties’ agreement. It is the intent of Developer and the City to cure that deficiency by expressly acknowledging and providing that any future City action that purports to limit over time the rate or timing of development or to alter the sequencing of development phases (whether adopted or imposed by the City Council or through the initiative or referendum process) shall not apply to the Project and shall not prevail over this Agreement. In particular, but without liming any of the foregoing, no numerical restriction shall be placed by the City on the amount of total square feet or the number of buildings, structures, residential units that can be built each year on the Property except as expressly provided in this Agreement.
The Project shall be completed within the Term unless extended pursuant to this Agreement..
8. Rules, Regulations, and Fees.
8.1. Main Rules, Regulations, Ordinances and Polices. For the Term of this Agreement, the rules, regulations, ordinances and official policies governing the permitted uses of land, the density and intensity of use, design, improvement and construction standards and specifications applicable to the development of the Property, including the maximum height and size of proposed buildings, shall be the Applicable Laws, the Project Approvals, Conditions of Approval (Exhibit D), the Future Development Entitlements (if and when approved), Ministerial Approvals (if and when approved), any amendments to the foregoing approved by the City, and Project Plan Set) dated April 13, 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 Item No. 8A
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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 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 City-wide or regional or communitywide basis during the term of this Agreement shall apply to the Property. Owner shall be entitled to fee credits where Owner demonstrates credits should be applied.
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 standard 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 Item No. 8A
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Entitlements and City shall exercise its discretion in a manner consistent with and in recognition of this Agreement, the Project Approvals, the Applicable Laws and other approved documents associated with this Agreement. City and Owner shall meet to identify all necessary Future Development Entitlements and to develop a schedule processing them. City and Owner agree to cooperatively work together to ensure timely review and processing of the Future Development Entitlements.
9. Relationship of Parties. The contractual relationship between City and Owner is independent and under no circumstances shall Owner be considered an agent or partner of City.
10. Amendments and Cancellation of Agreement. This Agreement may be amended in whole or in part only in writing and only by the mutual consent of the Parties.
Amendments shall be processed either as Major Amendments or Minor Amendments, as defined and set forth below in Subsections 10.1 and 10.2.
10.1. Major Amendments. Amendments to this Agreement which affect or relate to (a) the Term of this Agreement; (b) the permitted uses of the Property; (c) the provisions for the reservation or dedication of land; (d) an increase in the density or intensity of use of the Property or the maximum height or maximum gross square footage; (e) changes to the percentage of commercial uses to residential use; or (f) changes to the community benefits affecting the total monetary contributions by Developer, shall be deemed a “Major Amendment” and shall require giving of notice and a public hearing before the Planning Commission and the City Council in accordance with Government Code Section 65868 and TOMC Section 9-11.14(a). Any amendment which is not a Major Amendment shall be deemed a Minor Amendment subject to Subsection 10.2 below.
Consistent with Sections 10.1 and 10.2, the City Manager or his or her designee shall have the discretionary authority to determine if any amendment is a Major Amendment 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. 23 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 purpose of Government Code Sections Item No. 8A
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65867, 65867.5, and 65868. Unless otherwise required by law, no such Minor Amendment shall require prior notice or hearing.
11. Cancellation and Termination. This Agreement may be canceled, in whole or in part, by mutual consent of the Parties in the manner provided for in Government Code Section 65868 and TOMC Section 9-11.14. Any termination under Government Code Section 65865.1 or TOMC Section 9-11.14(b) shall be effective only if Owner is provided no less than thirty (30) days in which to cure any alleged noncompliance, provided that City shall not terminate this Agreement pursuant to Section 65865.1 or Section 9-11.14(b) if City determines that the nature of the noncompliance requires more than thirty (30) days to cure and that Owner is capable of effecting such cure, and within such thirty (30) days Owner commences such cure and thereafter diligently and with continuity prosecutes such cure to completion. Any termination of this Agreement pursuant to Government Code Section 65865.1 or TOMC Section 9-11.14(b) shall be preceded by an opportunity for Owner to be heard before the City Council. This provision shall not limit City’s or Owner’s remedies as provided in this Agreement.
12. Enforcement. Unless canceled or terminated as provided herein, this Agreement is enforceable by City, Owner, or any successor in interest, notwithstanding any change in any applicable General or specific plan, zoning, or subdivision regulation adopted by City or otherwise imposed which alters or amends the rules, regulations or policies specified in this Agreement.
13. Periodic Review of Compliance with Agreement.
13.1. Periodic Review. City may review compliance with this Agreement every twelve (12) months from the date this Agreement is executed unless a shorter time is specified by the City Council. City shall notify Owner in writing of the date for review at least thirty (30) days prior thereto, and Owner shall provide such information as City may 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 Item No. 8A
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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 form Owner specifying the manner necessary to comply as required and/or thereafter diligently and with continuity pursue such steps to completion, then City shall be deemed to be in default under the terms of this Agreement and Owner may terminate this Agreement or seek other remedies as set forth in this Agreement.
14.3. Failure to Cure Default Procedures. If after the cure period has elapsed, the Director finds and determines that Owner remains in default, the Director shall make a report to the City Council and then set a public hearing in accordance with the notice and hearing requirements of Government Code Section 65867 and 65868. If, after public hearing, the City Council finds and determines, on the basis of substantial evidence that the Owner has not cured the applicable default pursuant to this Section, City Council may terminate the Agreement and seek all remedies permitted under law.
14.4. Limitation on 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, except as provided below, 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 Item No. 8A
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Benefit Payments. In no event shall either Party be entitled to special, consequential, or punitive damages or damages measured by lost profits.
14.5. Commencement of Legal Action. In addition to any other rights or remedies, either Party may initiate legal action to cure, correct, or remedy any default, to enforce any covenants or agreements herein, to enjoin any threatened or attempted violation hereof, to recover damages or any default, or to obtain any other remedies consistent with the purpose of this Agreement. Venue for such action shall be in Ventura County.
15. Waivers and Delay.
15.1. Waiver. Failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party, and failure by a Party to exercise its rights upon a default by the other Party hereto, shall not constitute a waiver of such Party’s right to demand strict compliance by such other Party in the future.
15.2. Third Parties. Non-performance shall not be excused because of a failure of a third person, except as provided in Subsection 15.4.
15.3. Covenant Not to Sue. Notwithstanding anything to the contrary in this Agreement, Developer hereby agrees that neither Developer nor any of its agents, employees, representatives, members, managers, officers, assigns, heirs and successors in interest shall commence, prosecute, assist, promote or encourage, financially or otherwise, either individually or in any collective way, either directly or indirectly, either on its own behalf or on behalf of any other person or entity, any arbitration, litigation or any other judicial proceeding of any kind, nature or description against or involving the City challenging that any applicable conditions, mitigation measures, obligations, requirements or restrictions contained in the Agreement violate any California statutory requirements, constitute an abuse of the police power, violate 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 Item No. 8A
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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 1.1, 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, Thousand Oaks Municipal Code, Subdivision Map Act regulations, Specific Plan No. 23, 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.
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:
One Baxter Way, L.P.
503 32nd Street, Suite 120
Newport Beach, CA
Attention: Dave Eadie
Telephone: (949) 933-9723
Email: [email protected]
With a copy to:
Item No. 8A
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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 Developer shall be sufficiently given if dispatched by certified mail, postage prepaid, to the principal office of City and Developer, as set forth in this Section.
Developer 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 18 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.
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 Item No. 8A
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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 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 8.1 and 8.2 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 Item No. 8A
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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.
18.5. Exceptions to Obtaining City Consent. Notwithstanding Subsection
17.4, 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 Item No. 8A
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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.
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.
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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.
23.7. Entire Agreement. This Agreement and any exhibits hereto or any amendments and addenda that may be executed in accordance with Section 8 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 Item No. 8A
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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 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.
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29. Prevailing Wages. Without limiting the foregoing, Developer 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. This Agreement and any amendment or cancellation hereof shall be recorded in the Official Records of Ventura County by the Clerk of City within ten (10) days after the Agreement Effective Date and within ten (10) days after any amendment or cancellation hereof. Failure to timely record the Agreement shall not constitute a default or invalidate the Agreement.
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IN WITNESS WHEREOF, this Agreement is entered into by the parties hereto and made effective as of the Effective Date set forth hereinabove. “CITY”
CITY OF THOUSAND OAKS,
a municipal corporation
By: __________________________________
Mayor
ATTEST:
_____________________
City Clerk
APPROVED AS TO FORM:
______________________
City Attorney
“OWNER”
By: __________________________________
Name: _______________________________
Title: _________________________________
Acknowledgements on following pages.
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF
On , , before me,
(here insert name and title of the officer)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF
On , , before me,
(here insert name and title of the officer)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
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EXHIBIT “A”
Legal Description of Property
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF THOUSAND OAKS, IN THE COUNTY OF VENTURA, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL A:
THAT PORTION OF THE RANCHO EL CONEJO, IN THE CITY OF THOUSAND OAKS, COUNTY OF VENTURA, STATE OF CALIFORNIA, BEING ALL OF PARCEL 2 OF PARCEL MAP L.D.-516 AS PER MAP RECORDED IN BOOK 40, PAGE 87 THROUGH 89, INCLUSIVE OF PARCEL MAPS, TOGETHER WITH THAT CERTAIN LAND DESCRIBED IN A CORPORATION GRANT DEED, DATED MARCH 14, 1990 FROM THE CITY OF THOUSAND OAKS, A MUNICIPAL CORPORATION IN FAVOR OF GTE CALIFORNIA INCORPORATED, A CALIFORNIA CORPORATION, RECORDED MARCH 21, 1990, AS DOCUMENT NO. 90-041710 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING EASTERLY AND SOUTHERLY OF THE FOLLOWING DESCRIBED LINE:
THAT CERTAIN SOUTHEASTERLY LINE OF PARCEL 1 OF PARCEL MAP L.D.-516, AS PER MAP RECORDED IN BOOK 40, PAGE 87 TO 89, INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, SHOWN ON SAID MAP AS HAVING A BEARING AND DISTANCE OF "NORTH 61° 59' 49" EAST 61.98 FEET" AND ITS SOUTHWESTERLY PROLONGATION.
EXCEPT THEREFROM THE FOLLOWING DESCRIBED PARCEL OF LAND:
THAT PORTION OF PARCEL 2 OF PARCEL MAP L.D.-516, IN THE CITY OF THOUSAND OAKS, COUNTY OF VENTURA, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 40, PAGE 87 THROUGH 89, INCLUSIVE OF PARCEL MAPS, AND THAT PORTION OF THE RANCHO EL CONEJO, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF PARCEL 1 OF SAID PARCEL MAP L.D.-516, AS PER MAP RECORDED IN BOOK 40, PAGE 87 THROUGH 89, INCLUSIVE OF PARCEL MAPS; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL 1 NORTH 61° 59' 49" EAST 61.98 FEET; THENCE CONTINUING ALONG SAID SOUTHEASTERLY LINE NORTH 37° 06' 03" EAST 81.33 FEET; THENCE LEAVING SAID SOUTHEASTERLY LINE ALONG THE FOLLOWING 13 COURSES:
1ST: SOUTH 30° 20' 23" EAST 24.61 FEET; THENCE
2ND: SOUTH 51° 34' 54" EAST 31.05 FEET; THENCE
3RD: SOUTH 38° 25' 06" WEST 19.96 FEET; THENCE
4TH: SOUTH 31° 32' 44" EAST 10.95 FEET; THENCE
5TH: SOUTH 6° 59' 22" EAST 71.63 FEET; THENCE
6TH: SOUTH 44° 50' 22" EAST 39.13 FEET; THENCE
7TH: NORTH 45° 09' 38" EAST 2.00 FEET; THENCE
8TH: SOUTH 44° 50' 22" EAST 54.00 FEET; THENCE
9TH: SOUTH 45° 09' 38" WEST 15.00 FEET; THENCE
10TH: SOUTH 44° 50' 22" EAST 20.00 FEET; THENCE
CLTA Preliminary Report Form – Modified (11/17/06)
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EXHIBIT A (Continued)
11TH: SOUTH 45° 09' 38" WEST 116.39 FEET; THENCE
12TH: NORTH 46° 11' 39" WEST 145.62 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 435.10 FEET; THENCE 13TH: NORTHWESTERLY ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 15° 03' 18", AN ARC DISTANCE OF 114.30 FEET TO THE SOUTHWESTERLY PROLONGATION OF THAT CERTAIN SOUTHEASTERLY LINE OF SAID PARCEL 1 SHOWN ON SAID PARCEL MAP AS HAVING A BEARING AND DISTANCE OF "NORTH 61° 59' 49" EAST 61.98 FEET"; THENCE ALONG SAID PROLONGATION OF SAID SOUTHEASTERLY LINE NORTH 61° 59' 49" EAST 51.75 FEET TO THE POINT OF BEGINNING.
SAID LAND IS SHOWN AS PARCEL 3 ON THE LOT LINE ADJUSTMENT NO. 97-306 RECORDED NOVEMBER 25, 1997, AS DOCUMENT NO. 97-158502 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL B:
AN EASEMENT FOR VEHICULAR AND PEDESTRIAN INGRESS AND EGRESS OVER THAT PORTION OF PARCEL 1, PARCEL MAP L.D.-516, IN THE CITY OF THOUSAND OAKS, COUNTY OF VENTURA, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 40, PAGE 87 THROUGH 89, INCLUSIVE
OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST EASTERLY CORNER OF SAID PARCEL 1, SAID CORNER BEING ON THE
SOUTHWESTERLY LINE OF THOUSAND OAKS BOULEVARD AS SHOWN ON SAID MAP OF PARCEL MAP L.D.-516; THENCE ALONG THE NORTHWESTERLY LINE OF PARCEL 2 OF SAID PARCEL MAP L.D.-516 SOUTH 30° 59' 49" WEST 149.57 FEET; THENCE CONTINUING ALONG SAID NORTHWESTERLY LINE SOUTH 64° 59' 49" WEST 180.00 FEET; THENCE CONTINUING ALONG SAID NORTHWESTERLY LINE SOUTH 30° 59' 49" WEST 113.21 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED EASEMENT; THENCE CONTINUING ALONG SAID NORTHWESTERLY LINE SOUTH 30° 59' 49" WEST 26.01 FEET; THENCE LEAVING SAID NORTHWESTERLY LINE NORTH 57° 35' 07" WEST 117.28 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 25.00 FEET; THENCE NORTHWESTERLY, NORTHERLY AND NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 91° 33' 24" AN ARC DISTANCE OF 39.95 FEET TO A TANGENT LINE; THENCE ALONG SAID TANGENT LINE NORTH 33° 58' 17" EAST 105.71 FEET TO THE BEGINNING OF TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 47.00 FEET; THENCE NORTHEASTERLY, NORTHERLY AND NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 64° 24' 32" AN ARC DISTANCE OF 52.83 FEET TO A TANGENT LINE; THENCE ALONG SAID TANGENT LINE NORTH 30° 26' 15" WEST 16.26 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 87.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 25° 35' 28" AN ARC DISTANCE OF 38.86 FEET TO A TANGENT LINE, THENCE ALONG SAID TANGENT LINE NORTH 56° 01' 43" EAST 154.87 FEET TO THE
BEGINNING OF TANGENT CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 484.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5° 12' 35" AN ARC DISTANCE OF 44.01 FEET TO A TANGENT LINE; THENCE ALONG SAID TANGENT LINE NORTH 61° 14' 18" WEST 53.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 30.00 FEET; THENCE NORTHWESTERLY, NORTHERLY AND NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 98° 06' 06" AN ARC DISTANCE OF 51.37 FEET TO A TANGENT LINE; THENCE ALONG SAID TANGENT LINE NORTH 36° 51' 48" EAST 133.90 FEET TO A POINT OF THE CURVING SOUTHWESTERLY LINE Item No. 8A
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EXHIBIT A (Continued)
OF THOUSAND OAKS BOULEVARD AS SHOWN ON SAID MAP OF PARCEL MAP NO. L.D.-516, SAID
POINT BEING ON A NON TANGENT CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF
25.00 FEET, A RADIAL BEARING OF SAID CURVE AT SAID POINT BEARING NORTH 83° 58' 55" WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE AND SOUTHWESTERLY LINE OF THOUSAND OAKS BOULEVARD THROUGH A CENTRAL ANGLE OF 26° 23' 48" AN ARC DISTANCE OF 11.52 FEET TO AN ANGLE POINT IN SAID SOUTHWESTERLY LINE OF THOUSAND OAKS
BOULEVARD, THENCE CONTINUING ALONG SAID SOUTHWESTERLY LINE OF THOUSAND OAKS BOULEVARD SOUTH 57° 35' 07" EAST 62.73 FEET; THENCE LEAVING SAID SOUTHWESTERLY LINE OF THOUSAND OAKS BOULEVARD SOUTH 36° 51' 48" WEST 87.57 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 30.00 FEET; THENCE
SOUTHWESTERLY, SOUTHERLY AND SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 92° 53' 31" AN ARC DISTANCE OF 48.64 FEET TO A TANGENT LINE; THENCE ALONG SAID TANGENT LINE SOUTH 56° 01' 43" EAST 180.10 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 103.81 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 25° 35' 28" AN ARC DISTANCE OF 46.37 FEET TO A TANGENT LINE; THENCE ALONG SAID TANGENT LINE SOUTH 30° 26' 15" EAST 27.60 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 73.00 FEET; THENCE SOUTHEASTERLY, SOUTHERLY AND SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 64° 24' 32" AN ARC DISTANCE OF 82.06 FEET TO A TANGENT LINE; THENCE ALONG SAID TANGENT LINE SOUTH 33° 58' 17" WEST 79.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 30.00 FEET; THENCE SOUTHWESTERLY, SOUTHERLY AND SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 91° 33' 24" AND ARC DISTANCE OF 39.95 FEET TO A TANGENT LINE; THENCE ALONG SAID TANGENT LINE SOUTH 57° 35' 07" EAST 89.92 FEET TO THE TRUE POINT OF BEGINNING, AS CREATED BY EASEMENT GRANT
DEED, DECLARATION OF RIGHTS AND RESTRICTIONS AND EASEMENT QUITCLAIM AND RELEASE, RECORDED MARCH 10, 1997, AS DOCUMENT NO. 97-028954 OF OFFICIAL RECORDS.
APN: 680-0-230-695, 680-0-230-715
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EXHIBIT “B”
Site Plan
Exhibit B is permanently retained on file with the City.
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EXHIBIT “C”
Project Plan Set dated April 13, 2022
Exhibit C is permanently retained on file with the City.
Item No. 8A
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EXHIBIT “D”
Conditions of Approval
Exhibit D is permanently retained on file with the City.
Item No. 8A
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EXHIBIT “E”
Ventura County 2022 Income Limits Chart
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EXHIBIT “F”
Sustainability Features
Exhibit F is permanently retained on file with the City.
Item No. 8A
Applications.
Applicant:
Location:
CITY OF THOUSAND OAKS
PLANNING COMMISSION
RESOLUTION NO. 08-2022 PC
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF THOUSAND OAKS
RECOMMENDING APPROVAL TO CITY COUNCIL A
GENERAL PLAN AMENDMENT, ZONE CHANGE;
SPECIFIC PLAN; DEVELOPMENT AGREEMENT;
RESIDENTIAL PLANNED DEVELOPMENT,
DEVELOPMENT PERMIT; LAND DIVISION;
PROTECTED TREE PERMIT; AND RECOMMEND
THE CITY COUNCIL ADOPT ENVIRONMENTAL
IMPACT REPORT AND MITIGATION MONITORING
AND REPORTNG PROGRAM FOR THE USE OF
CERTAIN PROPERTY WITHIN SAID CITY
General Plan Amendment (LU) 2019-70563; Zoning Change (Z) 2021-70556; Specific Plan (SP) 2021-71106; Development
Agreement (DAGR) 2022-70052; Residential Planned
Development (RPO) 2021-70558; Development Permit (DP)
2022-70098; Land Division (LD) 2021-70557; Protected Tree Permit (PTP) 2021-70559; and Draft Environmental Impact Report (EIR) 2021-71100
One Baxter Way, L.P.
1 Baxter Way
Assessor's Parcel Numbers (APNs):
680-0-230-695 and 680-0-230-715
SECTION 1
The Planning Commission of the City of Thousand Oaks, California, DOES RESOLVE AS FOLLOWS:
WHEREAS, the applicant has filed with this Commission a petition under the provisions of the City of Thousand Oaks Municipal Code requesting the following:
1. EIR 2021-71100: Consider the Draft Environmental Impact Report, Mitigation Monitoring and Reporting Program prepared in accordance cdd:420-46/Resolution-PC/pz (FILE ID: RPO 2021-70558)
ATTACHMENT #7
Item No. 8A
with the California Environmental Quality Act (CEQA) for the subject project; and
2. LU 2019-70563: Amend the General Plan designation for the 8.8-acre residential portion from Industrial to High Density Residential 15-30 dwelling units per net acre; and
3. Z 2021-70556: Change the zoning designation of Industrial Park (M1) to Specific Plan-23 (SP-23); and
4. SP 2021-71106: Adopt SP-23 to establish specific development standards for the subject development areas; and
5. DAGR 2022-70052: Specify public and private benefits and responsibilities related to the project; and
6. RPO 2021-70558: Construction of 264 residential units distributed across four, three-story, podium style multi-family residential buildings, including, resident amenities that include but are not limited to pocket park, dog park, plazas, and seating areas; and
7. DP 2022-70098: Construction of a 4-story parking structure and associated hardscape, landscape and grading; and
8. LO 2021-70557: Subdivide 42.9 acre property to establish two legal lots of record; one lot for the proposed apartment buildings and one for the proposed 4-story parking structure; and
9. PTP 2021-70559: Allow removal of three (3) coast live oak (Quercus agrifolia) trees, two (2) valley oak (Quercus lobata) trees, and 26 California sycamore (Platanus racemosa) trees and encroachment into the protected zone of 54 coast live oak trees, 9 valley oak trees, 35 California sycamore trees and one (1) California Black Walnut ( Jug/ans ca!ifornica) tree.
WHEREAS, Pursuant to the California Environmental Quality Act (CEQA), City conducted environmental review of the project, prepared and duly processed an Environmental Impact Report ('The Oaks Specific Plan Project EIR"), consisting of a Draft EIR dated April 2022 and a Final EIR Response to Comments dated June 2022, and prepared a Mitigation Monitoring and Reporting Program for implementation of mitigation measures specified in the EIR ("MMRP"); WHEREAS, on February 10, 2022, a Notice of Application was mailed to all property owners and occupants within a 500-foot radius of the subject property; cdd:420-46/Resolution-PC/pz (FILE ID: RPO 2021-70558)
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WHEREAS, on February 11, 2022, a Notice of Application sign was posted on the subject property;
WHEREAS, On May 26, 2022, the Notice of Application project description information was updated and re-posted on the subject property; WHEREAS, on May 26, 2022, Notice of Planning Commission Public Hearing was mailed to all property owners of record within a 500-foot radius of the subject site;
WHEREAS, on May 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;
WHEREAS, the Planning Commission, upon giving the required notice, did, on the 13
th day of June, 2022, conduct a duly-advertised public hearing as prescribed by law to consider said application; and
WHEREAS, at the 13
th day of June, 2022 Planning Commission public
hearing, oral and written evidence, including a staff report, were presented and received, and arguments were heard from all interested parties appearing in the matter.
SECTION 2
WHEREAS, the Planning Commission supports adoption and certification of said EIR 2021-71100, and makes the following findings of fact and recommends the following to City Council:
1. The Planning Commission has reviewed and considered the information contained in the project Final EIR (FEIR), and written and oral comments regarding environmental effects. The project EIR was prepared in accordance with the requirements of CEQA, includes all comments received on the EIR and the City's response thereto, reflects the independent judgement of the City of Thousand Oaks, and the Planning Commission is being asked to recommend to City Council the adoption of the Final Environmental Impact Report (FEIR) that was prepared for the project. Each of the following Commission findings is supported by and elaborated in the attached CEQA Findings.
2. Based on all written and oral evidence and testimony in the record, the project EIR (a) complies with the requirements of CEQA and adequately cdd:420-46/Resolution-PC/pz (FILE ID: RPD 2021-70558)
Item No. 8A
identifies and considers all potential significant environmental effects of the General Plan Amendment; Zoning Change; Specific Plan; Development Agreement; Residential Planned Development, Development Permit; Land Division; and Protected Tree Permit, and (b) reflects the City's independent judgment and analysis.
3. The project MMRP describes the mitigation measures recommended by the EIR to reduce and avoid potential significant effects of the project, and adequately identifies the appropriate timing and enforcement details for each to ensure each mitigation measure is implemented.
4. The Planning Commission recommends that the City Council adopt and make the CEQA Findings and certify the FEIR 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 each of the development applications associated with the project to the extent appropriate.
SECTION 3
WHEREAS, the finding of the Planning Commission supporting approval of said LU 2021-70215 is as follows:
1. The General Plan amendment is consistent with the Thousand Oaks Land Use Element of the General Plan, as proposed to be amended, in that a portion of the subject property will be designated as High Density Residential (HOR) Land Use designation and located within proposed SP23, which allows the proposed multi-family residential and parking structure uses.
SECTION 4
WHEREAS, the findings of the Planning Commission supporting approval of said Z 2021-70556 are as follows:
1. The zone change is consistent with the Thousand Oaks General Plan, as proposed to be amended, including the Land Use Element, in that a portion of the subject property will have a High Density Residential (HOR) 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."
cdd:420-46/Resolution-PC/pz (FILE ID: RPO 2021-70558)
Item No. 8A
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 project was reviewed for conformance with the provisions of the CEQA. For this application, the City is the Lead Agency and, on behalf of the Applicant, the Planning Commission is being asked to recommend to City Council the adoption of the Final Environmental Impact Report (FEIR) that was prepared for the project. The FEIR 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 5
WHEREAS, the findings of the Planning Commission supporting approval of said RPD 2021-70558 are as follows:
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, cdd:420-46/Resolution-PC/pz (FILE ID: RPO 2021-70558)
Item No. 8A
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 was reviewed for conformance with the provisions of the CEQA. For this application, the City is the Lead Agency and, on behalf of the Applicant, the Planning Commission is being asked to recommend to City Council the adoption of the FEIR that was prepared for the project. The FEIR 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
WHEREAS, the findings of the Planning Commission supporting approval of said DP 2022-70098 are as follows:
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 the California Environmental Quality Act (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. cdd:420-46/Resolution-PC/pz (FILE ID: RPO 2021-70558)
Item No. 8A
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 the California Environmental Quality Act. For this application, the City is acting as the Lead Agency and, on behalf of the Applicant, the Planning Commission is being asked to recommend to City Council the adoption of the Final Environmental Impact Report prepared for the project. The Final Environmental Impact Report identifies areas as potentially significant, and details that the areas have been mitigated to levels that are no longer significant, through the inclusion of mitigation measures, which the applicant shall comply with under the proposed conditions of approval.
SECTION 7
WHEREAS, the findings of the Planning Commission supporting approval of said SP 2021-71106_are as follows:
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 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 HOR 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 cdd:420-46/Resolution-PC/pz (FILE ID: RPO 2021-70558)
Item No. 8A
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 the California Environmental Quality Act. For this application, the City is acting as the Lead Agency and, on behalf of the Applicant, the Planning Commission is being asked to recommend to City Council the adoption of the Final Environmental Impact Report prepared for the project.
The Final Environmental Impact Report identifies areas as potentially significant, and details that the areas have been mitigated to levels that are no longer significant, through the inclusion of mitigation measures, which the applicant shall comply with under the proposed conditions of approval.
SECTION 8
WHEREAS, the findings of the Planning Commission supporting approval of said LO 2021-70557 are as follows:
1. The proposed land division is consistent with the proposed General Plan Land Use designation of HOR 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 cdd:420-46/Resolution-PC/pz (FILE ID: RPO 2021-70558)
Item No. 8A
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 the California Environmental Quality Act. The City is acting as a Responsible Agency for this application, and, on behalf of the Applicant, the Planning Commission is being asked to recommend to City Council the adoption of the Final Environmental Impact Report that was prepared for the project. The Final Environmental Impact Report identifies areas listed as potentially significant, and details that the areas have been mitigated to levels that are no longer significant through the inclusion of mitigation measures, which the applicant shall comply with under the proposed conditions of approval.
SECTION 9
WHEREAS, the findings of the Planning Commission supporting approval of said PTP 2021-70559 are as follows:
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.
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 cdd:420-46/Resolution-PC/pz (FILE ID: RPO 2021-70558)
Item No. 8A
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 in conformance with the provisions of the California Environmental Quality Act. For this application, the City is the Lead Agency and, on behalf of the Applicant, the Planning Commission is being asked to recommend to City Council the adoption of the Final Environmental Impact Report prepared that was prepared for the project. The Final Environmental Impact Report identifies areas listed as potentially significant, and details that these areas have been mitigated to levels that are no longer significant, through the inclusion of mitigation measures, which the applicant shall comply with under the proposed conditions of approval.
SECTION 10
WHEREAS, the findings of the Planning Commission supporting approval of said DAGR 2022-70052 are as follows:
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;
3. The Development Agreement is in conformity with public convenience, general welfare and good land use practice;
cdd:420-46/Resolution-PC/pz (FILE ID: RPO 2021-70558)
Item No. 8A
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.
NOW, THEREFORE, BE IT RESOLVED 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 Planning Commission recommends that City Council approve said LU 2019-70563; Z 2021- 70556; SP 2021-71106; DAGR 2022-70052; RPO 2021-70558; DP 2022-70098; LO 2021-70557; PTP 2021-70559, subject to conformance with the conditions set forth and attached hereto and made a part hereof as well as recommends to City Council the adoption and certification of the Final Environmental Impact Report (EIR) 2021-71100 prepared for the project. Except as otherwise expressly indicated, said conditions shall be fully performed and completed, or at the City's discretion, shall be secured by bank or cash deposit or other security satisfactory to the City Attorney before the use or occupancy of the property is commenced .and before a Certificate of Occupancy is issued. The violation of any of the conditions of said permit shall be grounds for revocation by the Planning Commission or City Council.
I HEREBY CERTIFY that the foregoing resolution reflects action taken by the Planning Commission of the City of Thousand Oaks at a regular meeting held on the 13
th day of June 2022, by the following vote:
AYES:
NOES:
ABSENT:
Commissioners Buss, Lanson, McMahon, and Chair Newman
None
Link
ABSTAIN: None
David Newman, Chair
Planning Commission
Planning Commission
cdd:420-46/Resolution-PC/pz (FILE ID: DP 2021-70558)
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
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; P_rotected 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. cdd:420-46/Resolution-PC/pz (FILE ID: DP 2021-70558)
Item No. 8A
CONDITIONS OF APPROVAL FOR LU 2019-70563; Z 2021-70556; SP 2021-71106; DAGR 2022-70052; RPO 2021-70558; DP 2022-70098; LD 2021-70557; PTP 2021- 70559
5. Project Changes/Modifications - Minor changes to Residential Planned Development (RPO) 2022-70558, Development Permit (DP) 2022-7009, Land Division (LO) 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 RPO 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.
cdd:420-46/Resolution-PC/pz (FILE ID: RPD 2021-70558)
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
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:
1. 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. cdd:420-46/Resolution-PC/pz (FILE ID: RPO 2021-70558)
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
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2. 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 cdd:420-46/Resolution-PC/pz (FILE ID: RPO 2021-70558)
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
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. 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.
cdd:420-46/Resolution-PC/pz (FILE ID: RPD 2021-70558)
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
21. 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
22. 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 Public Resources Code shall in turn be subject to the review and approval of the Community Development Department.
23. 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 track-out 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 cdd:420-46/Resolution-PC/pz (FILE ID: RPO 2021-70558)
Item No. 8A
CONDITIONS OF APPROVAL FOR LU 2019-70563: Z 2021-70556: SP 2021-71106:
DAGR 2022-70052: RPO 2021-70558: DP 2022-70098: LD 2021-70557: PTP 2021- 70559
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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 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. 810-1: 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 a~ possible while still allowing the required construction activities to proceed.
This fencing will delineate the tree protection zone and prevent cdd:420-46/Resolution-PC/pz (FILE ID: RPD 2021-70558)
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
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 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. 810-2: 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 cdd:420-46/Resolution-PC/pz (FILE ID: RPO 2021-70558)
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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 Stream bed 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. 810-3: 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 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. 810-4: 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 cdd:420-46/Resolution-PC/pz (FILE ID: RPO 2021-70558)
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qualified biologist. The biological monitor may modify the buffer or propose other recommendations to minimize disturbance to nesting birds.
30. B10-5: 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. • 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 4 7 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. B10-6: 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.
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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 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 cdd:420-46/Resolution-PC/pz (FILE ID: RPO 2021-70558)
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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 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. cdd:420-46/Resolution-PC/pz (FILE ID: RPO 2021-70558)
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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 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. GE0-1: Prior to the start of Project-related ground disturbing activities, the Applicant shall retain a Qualified Paleontologist that meets the standards of cdd:420-46/Resolution-PC/pz (FILE ID: RPO 2021-70558)
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the Society of Vertebrate Paleontology (2010) to carry out all mitigation measures related to paleontological resources.
39. GE0-2: 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 and attend the training and retain documentation demonstrating attendance.
40. GE0-3: 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. GE0-4: 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 cdd:420-46/Resolution-PC/pz (FILE ID: RPO 2021-70558)
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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 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 cdd:420-46/Resolution-PC/pz (FILE ID: RPO 2021-70558)
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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.
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.
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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.
RESIDENTIAL PLANNED DEVELOPMENT (RPD) 2021-70558
DEVELOPMENT PERMIT (DP) 2022-7009
SETBACKS, HEIGHTS, BUILDING MATERIALS,
ARCHITECTURAL TREATMENT
OPEN SPACE,
49. Standards - All development standards shall be satisfied to include the following per the submitted plan, as allowed by SP-23:
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 800 Feet
centerline
Parkinq Lot Landscapinq (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 G5.83 Feet
Parking Lot Landscaping (s.f.) 8,177(10%) 12,903 (16%)
*Setback to Planning Area 1 boundary
**Setback to Planning Area 2 boundary
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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.
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.
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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 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 cdd:420-46/Resolution-PC/pz (FILE ID: RPO 2021-70558)
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to and from the project site and shall coordinate the hauling of this material with the Public Works and Community Development Departments to minimize traffic disruptions and disturbances to the project area. The exporting and importing of any earth materials to new sites within the jurisdiction of the City of Thousand Oaks shall be subject to the review and approval by the Planning Commission unless such sites have previously been approved for development with an active entitlement, and said grading is in accordance with Public Works Department approved plan for the project.
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.
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.
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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 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 - ThP. 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 cdd:420-46/Resolution-PC/pz (FILE ID: RPO 2021-70558)
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Code, unless otherwise allowed by SP-23 and approved by the Community Development and Public Works Departments.
LANDSCAPING, FENCES, AND WALLS
7 4. 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 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 cdd:420-46/Resolution-PC/pz (FILE ID: RPO 2021-70558)
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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 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.
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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.
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:
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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.
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 ), cdd:420-46/Resolution-PC/pz (FILE ID: RPD 2021-70558)
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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 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.
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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 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.
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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 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.
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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.
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
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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 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 cdd:420-46/Resolution-PC/pz (FILE ID: RPO 2021-70558)
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(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 sizmq, 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.
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.
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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 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. cdd:420-46/Resolution-PC/pz (FILE ID: RPO 2021-70558)
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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.
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, cdd:420-46/Resolution-PC/pz (FILE ID: RPO 2021-70558)
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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 010 = 1.91 cfs/acre and 0100 = 3.28 cfs/acre. The cfs-per-acre unit discharge in the Master Plan shall be used when preparing the 010 (developed) discharge flows and for the detention calculations up through 0100.
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 010 (developed) and to demonstrate that no new flooding will occur adjacent to or upon the property during a 0100 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 cdd:420-46/Resolution-PC/pz (FILE ID: RPO 2021-70558)
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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 010 (developed) flows into the public storm drain system. All flows in excess of 010 (developed) up to and including 0100 (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 NP DES 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 85 th
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 cdd:420-46/Resolution-PC/pz (FILE ID: RPO 2021-70558)
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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.
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:
cdd:420-46/Resolution-PC/pz (FILE ID: RPO 2021-70558)
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
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.
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 I 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 cdd:420-46/Resolution-PC/pz (FILE ID: RPO 2021-70558)
Item No. 8A
CONDITIONS OF APPROVAL FOR LU 2019-70563: Z 2021-70556: SP 2021-71106:
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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 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 cdd:420-46/Resolution-PC/pz (FILE ID: RPO 2021-70558)
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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.
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 cdd:420-46/Resolution-PC/pz (FILE ID: RPO 2021-70558)
Item No. 8A
CONDITIONS OF APPROVAL FOR LU 2019-70563; Z 2021-70556; SP 2021-71106; DAGR 2022-70052; RPO 2021-70558; DP 2022-70098; LO 2021-70557; PTP 2021- 70559
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 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 cdd:420-46/Resolution-PC/pz (FILE ID: RPO 2021-70558)
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
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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 I 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.
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 (1 O") 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 cdd:420-46/Resolution-PC/pz (FILE ID: RPO 2021-70558)
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
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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). 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.
17 4. Fire Hydrant(s) Required - Fire hydrant(s) shall be provided in accordance with current adopted edition of the International Fire Code, Appendix C and cdd:420-46/Resolution-PC/pz (FILE ID: RPO 2021-70558)
Item No. 8A
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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 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. cdd:420-46/Resolution-PC/pz (FILE ID: RPO 2021-70558)
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
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. 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
cdd:420-46/Resolution-PC/pz (FILE ID: RPO 2021-70558)
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
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.
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. cdd:420-46/Resolution-PC/pz (FILE ID: RPO 2021-70558)
Item No. 8A
CONDITIONS OF APPROVAL FOR LU 2019-70563; Z 2021-70556; SP 2021-71106; DAGR 2022-70052; RPO 2021-70558; DP 2022-70098; LD 2021-70557; PTP 2021- 70559
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. • 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. cdd:420-46/Resolution-PC/pz (FILE ID: RPO 2021-70558)
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
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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cdd:420-46/Resolution-PC/pz (FILE ID: RPO 2021-70558)
Item No. 8A
TO: Planning Commission
FROM: Kelvin Parker, Community Development Director
DATE: June 13, 2022
SUBJECT: Proposed Multi-family Residential Apartments and Parking Structure
APPLICATIONS: 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 Draft
Environmental Impact Report (EIR) 2021-71100
APPLICANT: One Baxter Way, L.P.
LOCATION: 1 Baxter Way
Assessor’s Parcel Numbers (APNs):
680-0-230-695 and 680-0-230-715
(Attachments #1-3)
RECOMMENDATION:
Recommend City Council Certify Final Environmental Impact Report in accordance with the California Environmental Quality Act; approve the below listed requests based on the findings and subject to the recommended conditions of approval included in the attached Resolution (Attachment #4); and adopt Ordinances (Attachment #5).
Approval will involve the following applications outlined below for construction of four multi-family residential apartment buildings and associated subterranean parking. The project includes the construction of 264 residential units, subterranean and surface level parking, a 4-story parking structure, hardscape, landscape, and grading, including a leasing office, community rooms, and pool with barbeque area to be developed in 2 construction phases:
ATTACHMENT #8
Item No. 8A
One Baxter Way, L.P. (RPD 2021-70558/DP 2022-70098/EIR 2021-70442) June 13, 2022
1. Environmental Impact Report (EIR) 2021-71100: Consider the Draft Environmental Impact Report. Mitigation and Monitoring and Reporting Program, and Statement of Overriding Considerations prepared in accordance with the California Environmental Quality Act (CEQA) for the subject project.
2. General Plan Land Use Amendment (LU) 2019-70563: Amend the General Plan designation for an 8.8-acre residential portion from Industrial to High Density Residential 15-30 dwelling units per net acre.
3. Zone Change (Z) 2021-70556: Change the zoning designation of Industrial Park (M-1) to Specific Plan-23 (SP-23).
4. Specific Plan (SP) 2021-71106: Adopt SP-23 to establish specific development standards for the subject development areas.
5. Development Agreement (DAGR) 2022-70052: Specify public and private benefits and responsibilities related to the project.
6. Residential Planned Development (RPD) 2021-70558: Construction of 264 residential units distributed across four, three-story, podium style multifamily residential buildings, including such a pocket park, dog park, plazas, seating areas, and other amenities.
7. Development Permit (DP) 2022-70098: Construction of a 4-story parking structure and associated hardscape, landscape and grading.
8. Land Division (LD) 2021-70557: Subdivide 42.9-acre property to establish two legal lots of record; one lot for the proposed apartment buildings and one for the proposed 4-story parking structure.
9. Protected Tree Permit (PTP) 2021-70559: Allow removal of three (3) coast live oak (Quercus agrifolia) trees, two (2) valley oak (Quercus lobata) trees, and 26 California sycamore (Platanus racemosa) trees and encroachment into the protected zone of 54 coast live oak trees, 9 valley oak trees and 35 California sycamore trees and one (1) California Black Walnut (Juglans californica) tree.
Item No. 8A
One Baxter Way, L.P. (RPD 2021-70558/DP 2022-70098/EIR 2021-70442) June 13, 2022
BACKGROUND
Project Site
The project site is located at 1 Baxter Way and consists of two parcels totaling
42.9-acres. The development is generally located north of US 101 Freeway, south of Thousand Oaks Boulevard, and west of Lakeview Canyon Road. Existing surrounding development includes a commercial shopping center known as The Promenade at Westlake to the west, beyond an existing drainage course, Thousand Oaks Boulevard and commercial/office uses to the north, Lakeview Canyon Road and existing industrial office uses to the east, and the US 101 Freeway to the south.
Existing Development
The site is developed with an industrial office building, a surface parking lot, hardscape, landscape planters, and landscaping.
The topography of the site ascends approximately 75 feet 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 extends approximately 1,400 feet across the southern property line and is setback from the US 101 Freeway between 150 to 350 feet (see Figure 1).
Figure 1: Exisitng Site Conditions
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The berm ascends from the US 101 Freeway to the highest elevation of the 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. The berm contains various mature trees and landscaping partially screening the existing industrial building.
Application Process
On February 23, 2021, a Residential Capacity Allocation (RCA) and initiation of a General Plan Amendment for the above project was authorized by City Council which allocated 264 multi-family units for the residential portions 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 began submitting the subject applications, which are listed in the “Recommendation” section of this report.
On June 13, 2022, A Planning Commission public hearing conducted to consider this item and make a recommendation to City Council.
PLANNING COMMISSION REVIEW
The subject request involves a Measure E allocation for a project located outside the Thousand Oaks Boulevard Specific Plan (SP-20). Typically, decisions on Development Permits are rendered by the Planning Commission, with City Council consideration if a Planning Commission decision is appealed. Since this project was allocated Measure E units, this application is being evaluated through the City Council adopted Prescreen process. The process includes filing of a PreApplication for initial project comments from various City departments and agencies, followed by formal application submittal for evaluation and recommendation to the Planning Commission, then Planning Commission review and recommendation to the City Council on the project, with final decision to approve or deny the project by City Council. The applicant has satisfied all requisite steps and, at this stage, the Planning Commission’s role on this item is to make a recommendation to City Council.
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GENERAL PLAN AND ZONING
The proposal requires a General Plan Amendment to change an 8.8-acre residential portion of the site from Industrial to High Density Residential (15-30 du/ac), which is necessary to accommodate the proposed multi-family residential development. A proposed parking structure will be located south of the residential development, within the Industrial land use designation, but for use by the residents. The entire project site will include a change to the zoning designation from Industrial Park (M-1) to Specific Plan-23 (SP-23) and will accommodate the proposed development as well as the existing industrial office building.
SPECIFIC PLAN
A Specific Plan is a document designed to implement policies in alignment with the intent of the City’s General Plan and establish regulations for a specific geographic region. The plan includes custom development and design standards, permitted land uses, infrastructure requirements, implementation measures, and other criteria intended to implement the General Plan. These standards are not required to align with the Thousand Oaks Municipal Code requirements since they are intended to be unique for a specific development area. If the project is approved, the General Plan Land Use Element for a portion of this site would be changed to High Density Residential and the Specific Plan would then be consistent with all applicable elements of the General Plan.
The proposed Specific Plan area contains various open space amenities that include but is not limited to a dog park and pedestrian paths, urban park, and pocket parks at the central portion of the property. The Specific Plan will also include unique development and design standards to regulate the uses to minimize impacts to the proposed project and surrounding properties.
PROJECT OVERVIEW:
Project Summary
Approval will involve the following applications outlined below for construction of four multi-family residential apartment buildings and associated subterranean parking, with 4-levels above, parking structure. The project consists of 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. Planning Area 1 includes the construction of 264 residential units within four buildings, subterranean parking with 274 parking spaces, 161 surface Item No. 8A
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parking spaces, hardscape, landscape, and grading. The residential buildings would include three floor levels of residences and one subterranean level for parking.
Planning Area 2 includes the construction of a parking structure that includes 925 parking spaces to replace surface parking that will be removed to accommodate the proposed parking structure and residential development. In addition to the structured parking spaces, the Project includes the construction of 187 new surface parking spaces for the existing industrial office building.
The proposal includes one project developed in two construction phases. 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 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). Figure 2 below illustrates the proposed site configuration, with the dashed line indicating the boundary of the residential portion of the site.
Figure 2: Proposed Site Plan
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Protected Trees - Allow removal of three (3) coast live oak (Quercus agrifolia) trees, two (2) valley oak (Quercus lobata) trees, and 26 California sycamore (Platanus racemosa) and encroachment into the protected zone of (54) coast live oak (Quercus agrifolia) trees, 9 valley oak (Quercus lobata) trees and 35 California sycamore (Platanus racemosa) trees and one (1) California Black Walnut (Juglans californica) tree; all trees are depicted in the “Project Plans” dated April 13, 2022.
Residential Unit Mix - The unit types within the residential building A includes 67- studio units (about 580 s.f.), 101 one-bedroom units (about 670 to 735 s.f.), 18 one-bedroom with den units (about 855 s.f.), and 78 two-bedroom units (about 1,086 to 1,136 s.f.). Of the 264 residential units, 16 units are proposed as very lowincome households and 18 units are proposed as low-income households, at an income less than 80% of Ventura County median income category. As part of the public benefit items listed in the draft Development Agreement, applicant is proposing to provide 34 affordable units without a request for a density bonus, which is by-right when providing affordable units
EVALUATION:
Compatibility with Surrounding Uses
The project is within an urbanized area, with transportation and utility infrastructure in place. Surrounding uses include 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.
The proposed residential project would provide a critical mass of people adjacent to several nearby shopping centers and provide housing opportunities for employees in the area.
Site Design and Building Form
The proposed project is characterized as a horizontal mixed-use development that includes a network of pedestrian trails and pocket parks available to residents.
Two prominent sitting areas will be established for the project, one between the proposed residential buildings and proposed parking structure and the other between the proposed residential buildings.
The proposed residential buildings will be sited along the northeastern portion of the site fronting Thousand Oaks Boulevard and the proposed 4-story parking structure will be sited at the southwestern portion of the site, along the 101 Freeway. The 264 residential units on the site would be distributed across four, Item No. 8A
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three-story, podium-style residential buildings with an average building height of approximately 34 feet (Building A) and 36 feet (Building B). Of the 264 units, 140 units would be distributed across Building A and 124 units would be distributed across buildings B. Although the residential buildings will be positioned closer to the street along Thousand Oaks Boulevard, the proposed buildings are partially screened by existing mature landscaping at the perimeter of the site, as shown on the project plans (Attachment #6).
The proposed 4-story parking structure will be at an average height not to exceed 50 feet (see Figure 3). The parking structure will be located along the southwestern portion of the site and will be partially visible from the 101 Freeway.
The proposed parking structure is located 250 feet from the freeway right of way and behind an existing berm within the southern portion of the site.
Figure 3: Proposed Parking Structure
Architectural Design
Architecturally, the project is a contemporary modern style. This theme includes smooth stucco finish, cement and metal panel siding, louvers, large expansive and multi-pane windows, recessed vinyl windows, decorative window trim, roof cornice, and transparent panel railing designed to reduce building size, mass, and scale while maintaining compatibility with existing surrounding development. Design features incorporated into the general building design include varying façade elements such as archways, and balconies, canopies, overhangs, roof line variation, vertical and horizontal variation, and roof top terraces resulting in a visually interesting and attractive design. The project meets the City’s Architectural Design Guidelines, Precise Plan of Design Guidelines, and Freeway Corridor Guideline by using unified design elements throughout the development (see Figures 4 and 5).
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Figure 4: Thousand Oaks Boulevard and Lakeview Canyon Road Figure 5: Apartments looking north from rear of site
Amenities
The proposed project includes private amenities. The outdoor amenities include areas such as pocket park, pedestrian trail, community garden, seating areas, gathering spaces, and a dedicated dog park. The open spaces located between the proposed residential building and proposed parking structure and industrial building are connected by a system of pedestrian pathways designed to provide residents and visitors with multiple opportunities to gather (see Figure 6 below). In addition, private amenities including pool, spa, terrace with fireplace, recreation/ community room, barbeque area, clubhouse/gym, balconies, courtyards, and roof top terraces are provided for the residents of the residential apartment buildings.
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Figure 6: On-Site Amenities
The proposal includes an urban park and various private open space amenities, for passive recreational purposes. The urban park is located between the parking structure and residential buildings, creating a transition between the existing industrial office buildings and proposed residential buildings for an inviting access to the residences by both the residents and their visitors The shared plaza is located between the residential buildings and near the pool area. These open space areas are located within the internal/central portion of the site, creating a space for residents to gather and for enjoyment by the residents and visitors.
These areas offer opportunities for residents to gather while offering large open space for safe passage throughout the development.
The various internal paseo networks throughout the project site provide connectivity not only between the existing industrial development, parking structure and multi-family residential uses, but surrounding properties as well. The urban park and pedestrian paseos not only specifically provide connectivity to the on-site amenities but also connect residents to the Promenade at Westlake shopping center to the west (see Figure 7).
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Figure 7: Pocket Park
Private Usable Open Space
Thousand Oaks Municipal Code Section 9-4.904(e)(5) requires that apartments provide a patio or balcony area of at least 100 s.f., with a minimum dimension of 7’-0” and direct access to the unit. However, the Planning Commission may approve any dimension, as can a Specific Plan. In this case, the Specific Plan will establish a project specific standard as described below.
SP-23 requires that all balconies and patios provide a minimum of 50 s.f. or other private open space feature with a minimum depth or width of six (6) feet. Of the proposed 264 residential units, 197 units (74%) provide a private balcony or terrace. The proposed project is designed with balconies with minimum dimensions of 11 feet wide by 6 feet deep. The private open space provided conforms with the recommended requirements of SP-23 and the intent of the TOMC by providing ample private and common-area open space areas for use by residents and visitors (see Tables 1 below).
Table 1: Residential Buildings Private Usable Open Space Number of Units Unit Type Private Balcony/Patio Size (s.f.) 67 Studio 66
119 1-Bedroom 66
78 2-Bedroom 66
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Vehicular Access and Circulation
Primary ingress and egress to the site is provided from a main two-way driveway access along Lakeview Canyon Road. Additional vehicular, bicycle and pedestrian access is provided from the project site via an existing bridge to the Promenade located to the west of the site. Existing internal access is provided to the existing surface parking and proposed 4-story parking structure. These access drive aisles are at least 30 feet wide along the full length of the site and meets the minimum standards of the TOMC and Ventura County Fire Prevention District requirements.
Pedestrian Access and Walkability
Enhancements to existing interior access roads are provided along the main access drive bisecting the exiting industrial development and proposed multifamily residential buildings. These enhancements include decorative paving and material improvements. Internal pedestrian site circulation includes a series of paseos, walkways, pedestrian trails, and pocket parks with landscaping, planters and other decorative features, that provide connection to the shopping center to the west, including connectivity to public sidewalks and surrounding neighborhood.
Furthermore, the interior access roads are designed with raised crosswalks to reduce vehicle speeds and improve pedestrian and vehicular circulation.
The project is within walking distance to the Promenade at Westlake, North Ranch Mall, and Northgate Plaza to the west and north west. Additionally, there are of several commercial centers offering dining, retail, grocery, professional, educational and recreation uses.
Parking
The proposed project includes residential buildings and parking structure within the existing surface level parking areas of the site. These parking spaces currently serve the existing industrial development. To replace existing surface parking areas, a four-level (plus one subterranean level) parking structure will be constructed in the southwest portion of the site. The parking structure will provide 925 parking spaces. Pedestrian access from the ground level of the parking structure to the ground level of the existing industrial building will be provided. This direct connection will enable employees and visitors access to the industrial building from the parking structure. A total of 1,279 parking spaces will be provided for the industrial office use, which exceeds the existing 1,245 office parking spaces by 34 spaces (per SUP 2006-70210, adopted by the City Council).
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A total of 435 parking spaces are proposed for the proposed apartment buildings, as shown in Table 2:
Table 2: Parking Supply and Demand
Parking Categories Parking Ratio Number of Units Parking Required
Parking
Provided
Residential
Studio 1 space/unit 67 67
435
1 Bedroom 1 space/unit 119 119
2 Bedroom 1.5 spaces/unit 78 117
Guest Parking .5 spaces/unit 264 132
Total 264 435
Residential parking for the proposed apartment buildings is primarily provided by the two subterranean parking garages located under Buildings A and B. Surface parking will serve both residents and guests of the apartment buildings.
All parking space dimensions and driveway widths meet TOMC minimum requirements. The proposed driveways also meet the VCFD fire access requirements. The project also provides disabled parking spaces that comply with the American’s with Disabilities Act (ADA), contained in Title 24 of the California Building Code.
Vehicle and Bicycle Parking Accommodations
The site provides on-site parking for vehicles while accommodating and encouraging other transportation methods. Amenities include on-site bicycle racks for visitors and dedicated bicycle corals for tenants. The site will also provide infrastructure for electric vehicle charging stations.
Traffic
Traffic from the project is estimated to result in an average of 8.99 vehicle miles traveled (VMT) for the residential portion of the project, which is less than the Citywide residential average of 15.26 VMT (see Transportation under Appendix C included with the DEIR). The Vehicle Miles Traveled (VMT) analysis for the residential component of the project determined the impacts resulting from the project would be less than significant and no mitigation measures are required.
Based on the proposed project’s trip generation rates (or vehicle miles traveled), when compared to the average VMT for similar uses, no further traffic impact analysis is required of the project.
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Although not required by CEQA, a Traffic Impact Analysis was prepared to analyze local intersection impacts based on the Highway Capacity Manual methodology. The nearby intersections listed below will continue to operate within the City's performance criteria at an acceptable level of service based on the existing plus project and future plus project scenarios as outlined in the Traffic Impact Analysis in Appendix C, and therefore:
• Thousand Oaks Boulevard and Westlake Boulevard, which will operate within City of Thousand Oaks Performance Criteria (LOS C or better); • Westlake Boulevard and 101 Fwy northbound off-ramp, which will operate within City of Thousand Oaks Performance Criteria (LOS C or better); • Westlake Boulevard and 101 Fwy southbound, which will operate within City of Thousand Oaks Performance Criteria (LOS C or better); • Thousand Oaks Boulevard and Promenade, which will operate within City of Thousand Oaks Performance Criteria (LOS C or better);. • Thousand Oaks Boulevard and Lakeview Canyon Road, which will operate within City of Thousand Oaks Performance Criteria (LOS C or better); • Lakeview Canyon Road and Baxter Way, which will not operate within City of Thousand Oaks Performance Criteria (LOS C or better); • Lakeview Canyon Road and Via Merida, which will not operate within City of Thousand Oaks Performance Criteria (LOS C or better); and • Lakeview Canyon Road and La Tienda, which will not operate within City of Thousand Oaks Performance Criteria (LOS C or better).
The applicant will be required to pay the Citywide traffic mitigation fee to help contribute towards the cost of future improvements at the intersections identified in the City's 2019 Traffic Impact Mitigation Fee Nexus Study.
Protected Trees (PTP) 2021-70559)
The site contains 430 protected trees on-site, of those 325 are oak trees and 105 landmark trees. The protected trees include 238 Coast Live Oak (Quercus agrifolia) trees, 87 valley oak (Quercus lobata) trees, 104 California sycamore (Platanus racemosa) trees, and one (1) California Black Walnut (Juglans californica) tree per the Protected Tree Report dated April 13, 2022. The project Item No. 8A
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design requires removal of three (3) coast live oak trees, two (2) valley oak trees, and 26 California sycamore trees and encroachment into the protected zone of 54 coast live oak trees, 9 valley oak trees and 35 California sycamore trees and one (1) California Black Walnut tree. Descriptions of the oak and landmark trees impacted by the proposed development through removal and encroachment are provided in the Protected Tree Report dated April 13, 2022 (Attachment #7).
The tree impacts result from site preparation, grading activities for the proposed buildings, and associated site improvements. Various oak and landmark trees are scattered throughout the site and located within the site perimeter and within the existing surface level parking area of the site. Removal and encroachment into the protected zone of these protected trees will primarily result from the proposed residential buildings and parking structure improvements within the existing surface level parking areas located at the western portions of the site. Figure 8, below, demonstrates the development area and most of the affected trees by the proposed development. The new apartment buildings and parking structure involved in the removal and encroachment of various protected trees is identified by the red square (apartments) and red circle (parking structure). The 26 California sycamore trees to be removed are identified in the green circles, the three (3) coast live oak trees to be removed are in blue circles, and the two (2) valley oak trees to be removed in the yellow.
Figure 8 – Protected Tree Removals
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The Oak Tree Preservation and Protection Ordinance allows for oak and landmark tree encroachments and removals if the request is not contrary to the purpose and intent of the ordinance. In this case, the removal and encroachment into the protected zone of various oak, sycamore, and walnut trees is necessary for reasonable use and is consistent with the intent of the oak tree preservation and protection ordinances since the removals will be replaced with three trees for each one removed (3:1 ratio - two 24” box and one 36” box tree). The quantity and size are as follows:
• Six, twenty-four (24”) inch box specimens, and
• Three, thirty-six (36”) inch box specimens.
Should the removals be approved, a condition is applied to the project requiring the applicant to submit a mitigation tree location map demonstrating the location of the replacement trees for review and approval by the Community Development Department. The conditions of approval describe the size and number of the mitigation trees. All mitigation trees will be planted on the property. If any cannot be located on site, the trees will be place in landscape medians or within park sites for public benefit. Additionally, protective fencing is required around all protected trees in the vicinity not authorized for encroachment.
A City Landscape Consultant provided an independent evaluation of the Protected Tree Report April 13, 2022 and associated recommendations contained therein for the work occurring within the protected zone of the oak and landmark trees. The City consultant concluded that, with the inclusion of the project conditions, including appropriate work methods and monitoring for the work performed around the protected oak and landmark trees, that the proposed encroachments will not have a detrimental effect on the health of trees.
Further, alternative designs were evaluated for the proposed buildings. The proposed buildings have been sited and road alignments have been designed to minimize site impacts by limiting the construction areas to the already disturbed areas. Therefore, staff supports the proposed design layout.
Grading
Grading involves approximately 84,481 cubic yards (c.y.) of export due to excavation for the underground parking garages, parking structure, and modifications to the site. Although the site is relatively flat, southern portions of site (Planning Area 2) where the pedestrian path to parking structure is proposed is characterized by steep slopes, ascending from the north to south. Using a capacity of 10 c.y. per truck, it is estimated that 16,920 truck trips will be necessary to haul Item No. 8A
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away the dirt. The applicant will be required to provide a haul route and management plan to the Public Works Department for review and approval prior to commencing grading activities. Grading activities do not involve impacts to 25% or greater natural terrain.
Community Benefits
The project includes 16 affordable residential units for very low-income residents (income less than 50% of Ventura County median income) and 18 affordable residential units for low-income residents (income less than 80% of Ventura County median income) within the four residential buildings. The 34 affordable units account for 13% of 264 base units. The very low-income affordable units include four (4) studio units, eight (8) one-bedroom units, and four (4) two-bedroom units and the low-income affordable units include five (5) studio units, eight (8) onebedroom units, and 5 (five) two-bedroom units. These units would be dispersed throughout each floor level of buildings A and B, in a yet to be determined location.
An Affordable Housing Agreement that provides for the on-going affordability of the restricted units for 55 years is required. Approval of this project is also subject to execution of an Affordable Housing Covenant between the applicant and the City. The Affordable Housing Agreement and Covenant are subject to review and approval by the Community Development Department and City Attorney’s office prior to issuance of a grading permit.
It should be noted that although the applicant is providing affordable housing, the project does not seek any density bonus or waiver of a City of Thousand Oaks development standard, as is their right per State Density Bonus Law.
Landscape Plan
The conceptual landscape plan includes enhanced planting in and around the site to provide softscape within the hardscape areas, provide shade coverage, and for the enjoyment of visitors and residents. Of the 430 protected trees, 399 protected trees will be preserved in place and various trees will be incorporated as part of an open space and pathway system. A conceptual landscape plan has been submitted that demonstrates substantial landscaping on the site (Figure 9). If the project is approved, a formal landscape plan will be required, and technical evaluation of that plan will be provided through a Landscape Plan Check process to ensure compliance with the City’s landscape and irrigation standards.
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Figure 9: Conceptual Landscape Plan
Total surface parking area receiving landscape treatment is about 12,903 square feet (16%), which exceeds the Municipal Code requirement for minimum parking area landscape coverage of 10% coverage (about 8,177 s.f.), including an additional 25 s.f. for each compact space (Sec. 9-4.2404 required per TOMC).
Environmental Review (CEQA)
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 (Attachment #8) 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.
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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. Staff received correspondence from the public (non-agency) as well as public agencies correspondence that include: 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 are included in the Response to Comments (RTC) within the CEQA Findings for the EIR. None of the comments received on the DEIR for this project merit any substantive change to the environmental analysis or conclusions contained in the DEIR and any request to have the DEIR recirculated is meritless.
The CEQA Findings for the EIR (Attachment #9), including the Mitigation Monitoring and Reporting Program (MMRP) and RTC is included for Planning Commission’s information. Staff is therefore recommending the Planning Commission consider the Final Environmental Impact Report prepared for the project in accordance with the California Environmental Quality Act (EIR 2021- 70442.
Development Agreement
A Development Agreement (“DAGR”) is required for approval of projects that receive allocation of 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.
The DAGR lists various obligations and benefits received by the parties in the Agreement. If the project is approved and constructed as planned, the City will add an additional 264 units, including 34 affordable units, to its residential stock. In addition, the residential complex will include a learning/tutoring room to be used for after school studies and tutoring by children residing in the complex (Attachment #10). The applicant receives the General Plan Amendment and the requisite Measure E unit allocation required to build the residential component of the project.
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It should be noted that the City currently has an unmet need for very low-income units and low-income units, per the City’s current Regional Housing Needs Assessment (RHNA) requirements from the State. The State density bonus law assigns density bonus units based on the percentage of affordable units provided by a project, and the income level of those units. In this case, the applicant is providing 13 percent affordable units in the very low and low-income categories.
This percentage is applied to the base 264 units, which equates to 34 affordable units. It should be noted that the applicant is entitled to a 22.5 percent density bonus, which would translate to 60 density bonus units per statutory allowance in state law. However, as previously noted, the applicant is not requesting the density bonus in order to meet City goals and objectives. Finally, the 34 affordable units will be proportionally distributed across the unit types, with nine studio apartments, sixteen one-bedroom apartments, and 9 two-bedroom apartments.
Additional points of this Development Agreement include a set measure of City fees that will not be increased during the time of the Agreement and will be deferred for two years, 16 very low-income level units, 18 low-income level units, learning/tutoring room, enhanced sustainability features, and architectural design measures.
Public Correspondence
To date, staff has not received public correspondence regarding the proposed project.
CONCLUSION:
The proposed project has been designed to meet the intent of the City’s standards, codes, and policies. The proposed building design and site layout integrates well with surrounding development and has a cohesive architectural design meeting the City’s Architectural Design Guidelines, by including pedestrian friendly site plan emphasizing connectivity with surrounding properties. Based on the analysis and findings contained in this report, staff recommends approval of this project, subject to the conditions of approval in the attached Ordinances and Resolutions as well as recommends to City Council adoption and certification of the Final Environmental Impact Report prepared for the project in accordance with CEQA (Attachments #4 and 5).
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PREPARED BY: Carlos Contreras, Senior Planner
Attachments:
Attachment #1 – Vicinity Map
Attachment #2 – Location Map
Attachment #3 – Aerial Photo
Attachment #4 – Resolution
Attachment #5A – GPA and SP-22 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
Attachment #9 – CEQA Findings (MMRP/RTC)
Attachment #10 – Development Agreement
cdd:420-82/ Staff Report-Planning Cmsn/pz (FILE ID: RPD 2021-70558) Supplemental 1
Supplemental 2
Item No. 8A
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.
A. The State of California adopted the Development Agreement Act to strengthen the public planning process, encourage private participation in comprehensive ATTACHMENT #9
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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 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.
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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 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 Item No. 8A
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 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 Item No. 8A
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 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, Item No. 8A
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 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.
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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.”
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.
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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 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 Item No. 8A
equitable interest in such property. Section 65864 of the Development Agreement Act expressly provides as follows:
“The Legislature finds and declares that:
(a) The lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of housing and other development to the consumer, and
discourage investment in and a commitment to
comprehensive planning which would make maximum
efficient utilization of resources at the least economic cost to the public.
(b) Assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules and regulations, and subject to conditions of approval will strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic cost of development.”
Notwithstanding the foregoing, to ensure that the City remains responsive and accountable to its residents while pursuing the benefits of development agreements contemplated by the Legislature, the City: (1) accepts restraints on its police powers contained in development agreements only to the extent and for the duration required to achieve the mutual objectives of the Parties as permitted hereunder; and (2) to offset controls and conditions imposed on development project applications.
5. Purpose of this Agreement.
5.1. Public Benefits. This Agreement provides assurances that the public benefits identified in Section 6.1, below, will be achieved in accordance with the Applicable 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 Item No. 8A
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.
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.
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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;
6.1.7. Integrate sustainable features, including rooftop solar and EV charging stations. 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. Additionally, 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. Owner will also be installing all electric appliances in all 264 residential units, and a dedicated car sharing program by providing a dedicated parking space for use by a car sharing program (e.g., Zipcar or equivalent), all which go beyond Title 24 requirements. Exhibit F is attached which outlines the sustainability features of the Project;
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6.1.8. Owner’s agreement to construct a 120 square foot tutoring center in the residential amenity space with a dedication to allow the space to be used for tutoring of students;
6.1.9. Ongoing maintenance of the City of Thousand Oaks’ identification sign.
6.2. Benefits to Owner and Obligations of City. Owner will expend time and money in constructing public improvements and facilities in connection with the Project, and thus the vested rights provided by this Agreement will be of considerable benefit to Owner. The benefits to Owner and obligations of City also include the following:
6.2.1. City’s adoption of a General Plan amendment, Zone Change and approval of the other Project Approvals to provide for residential units on the property, which significantly enhances the value of the Property;
6.2.2. City’s guarantee that certain Processing Fees and Development Fees related to development of the Property will not increase during the term of the Agreement;
6.2.3. City’s agreement to allow Owner to have all applications for City entitlements processed in accordance with the Project Approvals and Applicable Laws during the Term of this Agreement;
6.2.4. City’s agreement to not change the existing zoning and General Plan designations of the Property without Owner’s consent during the Term of this Agreement; and
6.2.5. City’s agreement to allow Owner to defer payment of City Development Fees for up to twenty-four (24) months from the Agreement Effective Date;
6.2.6. City’s assurance that any permits for the Project as described herein for which owner has submitted plans entitled “Project Plans” (attached as Exhibit C) will be processed expeditiously and assigned a dedicated City planner.
7. Project Development
7.1. Project Description and Binding Covenants. The Property is that property described in the attached Exhibits A and B which include a map showing its location and boundaries. The Property is commonly described as located at 1 Baxter Way, Thousand Oaks, California A.P.N.s 680-0-230-695 and 680-0-230-715. Owner represents that it has a legal or equitable interest in the Property and that all other persons holding legal or equitable interests in the Property (excepting owners or claimants in easements) agree to be bound by this agreement. The Parties intend and determine that the provisions of this Agreement shall constitute covenants which shall run with said Property, and the burdens and benefits hereof shall bind and inure to all successors in interest to the Parties hereto.
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7.2. General Development. Any development of the Project on the Property shall be conducted in accordance with the terms and conditions of this Agreement and attached exhibits.
7.3. Ministerial Approvals. City hereby agrees that Ministerial Approvals for the Project will be approved in a manner consistent with the Project Approvals and Applicable Laws, provided that Owner satisfactorily complies with all preliminary procedures, actions, payments, criteria, and regulations applicable as of the Agreement Effective Date and generally required of developers by City for processing applications for developments at such time.
7.4. CEQA Compliance. The City Council approved the current General Plan Land Use Element designation and zoning for the Property after considering the information and findings of the Environmental Checklist for this Project and EIR No. 2021- 71100. The Project is subject to all applicable mitigation measures and project design features as described in EIR No. 2021-71100.
7.5. Permitted Uses and Development Standards. In accordance with and subject to the terms and conditions of this Agreement, Developer shall have a vested right to develop the Property for the uses and in accordance with and subject to the terms and conditions of this Agreement, the Project Approvals, the Future Development Entitlements (if and when approved), Ministerial Approvals (if and when approved), any amendments to the foregoing approved by the City, and, to the extent not addressed in the foregoing, the Applicable Laws. The exhibits attached hereto and incorporated herein by reference, and any amendments to the Project Approvals or Agreement as may, from time to time, be approved pursuant to this Agreement.
7.6. Owner to Build Approved Project. Owner hereby agrees that development of the Project shall be in accordance with the Project Approvals, including the conditions of approval and the mitigation measures and project design features for the Project as adopted by City, any amendments to the Project Approvals or Agreement as may, from time to time, be approved pursuant to this Agreement; the Future Development Entitlements (if and when approved), Ministerial Approvals (if and when approved); any amendments to the foregoing approved by the City; and, to the extent not addressed in the foregoing, the Applicable Laws. Nothing in this Section shall be construed to restrict the ability to make minor changes and adjustments in accordance with Subsection 10.2. Notwithstanding the foregoing, nothing in this Agreement shall require Owner to construct the Project or pay fees for any portion of the Project that Owner does not construct.
7.7. Timing of Development. The California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal.3d 465 (1984), that failure of the parties in that case to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over the parties’ agreement. It is the intent of Developer and the City to cure that deficiency by expressly acknowledging and providing that any future City action that purports to limit over time the rate or timing Item No. 8A
of development or to alter the sequencing of development phases (whether adopted or imposed by the City Council or through the initiative or referendum process) shall not apply to the Project and shall not prevail over this Agreement. In particular, but without liming any of the foregoing, no numerical restriction shall be placed by the City on the amount of total square feet or the number of buildings, structures, residential units that can be built each year on the Property except as expressly provided in this Agreement.
The Project shall be completed within the Term unless extended pursuant to this Agreement..
8. Rules, Regulations, and Fees.
8.1. Main Rules, Regulations, Ordinances and Polices. For the Term of this Agreement, the rules, regulations, ordinances and official policies governing the permitted uses of land, the density and intensity of use, design, improvement and construction standards and specifications applicable to the development of the Property, including the maximum height and size of proposed buildings, shall be the Applicable Laws, the Project Approvals, Conditions of Approval (Exhibit D), the Future Development Entitlements (if and when approved), Ministerial Approvals (if and when approved), any amendments to the foregoing approved by the City, and Project Plan Set) dated April 13, 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 Item No. 8A
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 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 City-wide or regional or communitywide basis during the term of this Agreement shall apply to the Property. Owner shall be entitled to fee credits where Owner demonstrates credits should be applied.
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 standard 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.
Item No. 8A
10. Amendments and Cancellation of Agreement. This Agreement may be amended in whole or in part only in writing and only by the mutual consent of the Parties.
Amendments shall be processed either as Major Amendments or Minor Amendments, as defined and set forth below in Subsections 10.1 and 10.2.
10.1. Major Amendments. Amendments to this Agreement which affect or relate to (a) the Term of this Agreement; (b) the permitted uses of the Property; (c) the provisions for the reservation or dedication of land; (d) an increase in the density or intensity of use of the Property or the maximum height or maximum gross square footage; (e) changes to the percentage of commercial uses to residential use; or (f) changes to the community benefits affecting the total monetary contributions by Developer, shall be deemed a “Major Amendment” and shall require giving of notice and a public hearing before the Planning Commission and the City Council in accordance with Government Code Section 65868 and TOMC Section 9-11.14(a). Any amendment which is not a Major Amendment shall be deemed a Minor Amendment subject to Subsection 10.2 below.
Consistent with Sections 10.1 and 10.2, the City Manager or his or her designee shall have the discretionary authority to determine if any amendment is a Major Amendment 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. 23 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 purpose 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 Item No. 8A
continuity prosecutes such cure to completion. Any termination of this Agreement pursuant to Government Code Section 65865.1 or TOMC Section 9-11.14(b) shall be preceded by an opportunity for Owner to be heard before the City Council. This provision shall not limit City’s or Owner’s remedies as provided in this Agreement.
12. Enforcement. Unless canceled or terminated as provided herein, this Agreement is enforceable by City, Owner, or any successor in interest, notwithstanding any change in any applicable General or specific plan, zoning, or subdivision regulation adopted by City or otherwise imposed which alters or amends the rules, regulations or policies specified in this Agreement.
13. Periodic Review of Compliance with Agreement.
13.1. Periodic Review. City may review compliance with this Agreement every twelve (12) months from the date this Agreement is executed unless a shorter time is specified by the City Council. City shall notify Owner in writing of the date for review at least thirty (30) days prior thereto, and Owner shall provide such information as City may 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 Item No. 8A
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 form Owner specifying the manner necessary to comply as required and/or thereafter diligently and with continuity pursue such steps to completion, then City shall be deemed to be in default under the terms of this Agreement and Owner may terminate this Agreement or seek other remedies as set forth in this Agreement.
14.3. Failure to Cure Default Procedures. If after the cure period has elapsed, the Director finds and determines that Owner remains in default, the Director shall make a report to the City Council and then set a public hearing in accordance with the notice and hearing requirements of Government Code Section 65867 and 65868. If, after public hearing, the City Council finds and determines, on the basis of substantial evidence that the Owner has not cured the applicable default pursuant to this Section, City Council may terminate the Agreement and seek all remedies permitted under law.
14.4. Limitation on 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, except as provided below, 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.
Item No. 8A
15. Waivers and Delay.
15.1. Waiver. Failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party, and failure by a Party to exercise its rights upon a default by the other Party hereto, shall not constitute a waiver of such Party’s right to demand strict compliance by such other Party in the future.
15.2. Third Parties. Non-performance shall not be excused because of a failure of a third person, except as provided in Subsection 15.4.
15.3. Covenant Not to Sue. Notwithstanding anything to the contrary in this Agreement, Developer hereby agrees that neither Developer nor any of its agents, employees, representatives, members, managers, officers, assigns, heirs and successors in interest shall commence, prosecute, assist, promote or encourage, financially or otherwise, either individually or in any collective way, either directly or indirectly, either on its own behalf or on behalf of any other person or entity, any arbitration, litigation or any other judicial proceeding of any kind, nature or description against or involving the City challenging that any applicable conditions, mitigation measures, obligations, requirements or restrictions contained in the Agreement violate any California statutory requirements, constitute an abuse of the police power, violate 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 1.1, 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, Thousand Oaks Municipal Code, Subdivision Map Act regulations, Specific Plan No. 23, 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 Item No. 8A
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.
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:
One Baxter Way, L.P.
503 32nd Street, Suite 120
Newport Beach, CA
Attention: Dave Eadie
Telephone: (949) 933-9723
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 Developer shall be sufficiently given if dispatched by certified mail, postage prepaid, to the principal office of City and Developer, as set forth in this Section.
Developer 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 Item No. 8A
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 18 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.
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.
Item No. 8A
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 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 8.1 and 8.2 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 Item No. 8A
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.
18.5. Exceptions to Obtaining City Consent. Notwithstanding Subsection
17.4, 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 Item No. 8A
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.
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 Item No. 8A
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.
23.7. Entire Agreement. This Agreement and any exhibits hereto or any amendments and addenda that may be executed in accordance with Section 8 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.
Item No. 8A
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 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, Developer 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 Item No. 8A
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. 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. 8A
IN WITNESS WHEREOF, this Agreement is entered into by the parties hereto and made effective as of the Effective Date set forth hereinabove. “CITY”
CITY OF THOUSAND OAKS,
a municipal corporation
By: __________________________________
Mayor
ATTEST:
_____________________
City Clerk
APPROVED AS TO FORM:
______________________
City Attorney
“OWNER”
By: __________________________________
Name: _______________________________
Title: _________________________________
Acknowledgements on following pages.
cdd:600-60\Development Agreement\pz(DAGR 22-70052)
Item No. 8A
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. 8A
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. 8A
EXHIBIT “A”
Legal Description of Property
Item No. 8A
PRELIMINARY REPORT Chicago Title Company
YOUR REFERENCE: NBU# 128558-MH ORDER NO.: 00128593-994-LT2-DB CLTA Preliminary Report Form – Modified (11/17/06) Page 3 EXHIBIT “A”
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF THOUSAND OAKS, IN THE COUNTY OF VENTURA, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL A:
THAT PORTION OF THE RANCHO EL CONEJO, IN THE CITY OF THOUSAND OAKS, COUNTY OF VENTURA, STATE OF CALIFORNIA, BEING ALL OF PARCEL 2 OF PARCEL MAP L.D.-516 AS PER MAP RECORDED IN BOOK 40, PAGE 87 THROUGH 89, INCLUSIVE OF PARCEL MAPS, TOGETHER WITH THAT CERTAIN LAND DESCRIBED IN A CORPORATION GRANT DEED, DATED MARCH 14, 1990 FROM THE CITY
OF THOUSAND OAKS, A MUNICIPAL CORPORATION IN FAVOR OF GTE CALIFORNIA INCORPORATED, A CALIFORNIA CORPORATION, RECORDED MARCH 21, 1990, AS DOCUMENT NO. 90-041710 OF OFFICIAL
RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING EASTERLY AND SOUTHERLY OF THE FOLLOWING DESCRIBED LINE:
THAT CERTAIN SOUTHEASTERLY LINE OF PARCEL 1 OF PARCEL MAP L.D.-516, AS PER MAP RECORDED IN BOOK 40, PAGE 87 TO 89, INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, SHOWN ON SAID MAP AS HAVING A BEARING AND DISTANCE OF "NORTH 61° 59' 49" EAST 61.98 FEET" AND ITS SOUTHWESTERLY PROLONGATION.
EXCEPT THEREFROM THE FOLLOWING DESCRIBED PARCEL OF LAND:
THAT PORTION OF PARCEL 2 OF PARCEL MAP L.D.-516, IN THE CITY OF THOUSAND OAKS, COUNTY OF VENTURA, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 40, PAGE 87 THROUGH 89,
INCLUSIVE OF PARCEL MAPS, AND THAT PORTION OF THE RANCHO EL CONEJO, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF PARCEL 1 OF SAID PARCEL MAP L.D.-516, AS PER MAP RECORDED IN BOOK 40, PAGE 87 THROUGH 89, INCLUSIVE OF PARCEL MAPS; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL 1 NORTH 61° 59' 49" EAST 61.98 FEET; THENCE CONTINUING ALONG SAID SOUTHEASTERLY LINE NORTH 37° 06' 03" EAST 81.33 FEET; THENCE LEAVING SAID SOUTHEASTERLY LINE ALONG THE FOLLOWING 13 COURSES:
1ST: SOUTH 30° 20' 23" EAST 24.61 FEET; THENCE
2ND: SOUTH 51° 34' 54" EAST 31.05 FEET; THENCE
3RD: SOUTH 38° 25' 06" WEST 19.96 FEET; THENCE
4TH: SOUTH 31° 32' 44" EAST 10.95 FEET; THENCE
5TH: SOUTH 6° 59' 22" EAST 71.63 FEET; THENCE
6TH: SOUTH 44° 50' 22" EAST 39.13 FEET; THENCE
7TH: NORTH 45° 09' 38" EAST 2.00 FEET; THENCE
8TH: SOUTH 44° 50' 22" EAST 54.00 FEET; THENCE
9TH: SOUTH 45° 09' 38" WEST 15.00 FEET; THENCE
10TH: SOUTH 44° 50' 22" EAST 20.00 FEET; THENCE
Item No. 8A
PRELIMINARY REPORT Chicago Title Company
YOUR REFERENCE: NBU# 128558-MH ORDER NO.: 00128593-994-LT2-DB
EXHIBIT A
(Continued)
CLTA Preliminary Report Form – Modified (11/17/06) Page 4 11TH: SOUTH 45° 09' 38" WEST 116.39 FEET; THENCE
12TH: NORTH 46° 11' 39" WEST 145.62 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 435.10 FEET; THENCE 13TH: NORTHWESTERLY ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 15° 03' 18", AN ARC DISTANCE OF 114.30 FEET TO THE SOUTHWESTERLY PROLONGATION OF THAT CERTAIN SOUTHEASTERLY LINE OF SAID PARCEL 1 SHOWN ON SAID PARCEL MAP AS HAVING A BEARING AND DISTANCE OF "NORTH 61° 59' 49" EAST 61.98 FEET"; THENCE ALONG SAID PROLONGATION OF SAID SOUTHEASTERLY LINE NORTH 61° 59' 49" EAST 51.75 FEET TO THE POINT OF BEGINNING.
SAID LAND IS SHOWN AS PARCEL 3 ON THE LOT LINE ADJUSTMENT NO. 97-306 RECORDED NOVEMBER 25, 1997, AS DOCUMENT NO. 97-158502 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL B:
AN EASEMENT FOR VEHICULAR AND PEDESTRIAN INGRESS AND EGRESS OVER THAT PORTION OF PARCEL 1, PARCEL MAP L.D.-516, IN THE CITY OF THOUSAND OAKS, COUNTY OF VENTURA, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 40, PAGE 87 THROUGH 89, INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST EASTERLY CORNER OF SAID PARCEL 1, SAID CORNER BEING ON THE
SOUTHWESTERLY LINE OF THOUSAND OAKS BOULEVARD AS SHOWN ON SAID MAP OF PARCEL MAP L.D.-516; THENCE ALONG THE NORTHWESTERLY LINE OF PARCEL 2 OF SAID PARCEL MAP L.D.-516 SOUTH 30° 59' 49" WEST 149.57 FEET; THENCE CONTINUING ALONG SAID NORTHWESTERLY LINE SOUTH 64° 59' 49" WEST 180.00 FEET; THENCE CONTINUING ALONG SAID NORTHWESTERLY LINE SOUTH 30° 59' 49" WEST 113.21 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED EASEMENT; THENCE CONTINUING ALONG SAID NORTHWESTERLY LINE SOUTH 30° 59' 49" WEST 26.01 FEET; THENCE LEAVING SAID NORTHWESTERLY LINE NORTH 57° 35' 07" WEST 117.28 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 25.00 FEET;
THENCE NORTHWESTERLY, NORTHERLY AND NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 91° 33' 24" AN ARC DISTANCE OF 39.95 FEET TO A TANGENT LINE; THENCE ALONG SAID TANGENT LINE NORTH 33° 58' 17" EAST 105.71 FEET TO THE BEGINNING OF TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 47.00 FEET; THENCE NORTHEASTERLY, NORTHERLY AND NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 64° 24' 32" AN ARC DISTANCE OF 52.83 FEET TO A TANGENT LINE; THENCE ALONG SAID TANGENT LINE NORTH 30° 26' 15" WEST 16.26 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 87.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 25° 35' 28" AN ARC DISTANCE OF 38.86 FEET TO A TANGENT LINE, THENCE ALONG SAID TANGENT LINE NORTH 56° 01' 43" EAST 154.87 FEET TO THE BEGINNING OF TANGENT CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 484.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5° 12' 35" AN ARC DISTANCE OF 44.01 FEET TO A TANGENT LINE; THENCE ALONG SAID TANGENT LINE NORTH 61° 14' 18" WEST
53.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 30.00 FEET; THENCE NORTHWESTERLY, NORTHERLY AND NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 98° 06' 06" AN ARC DISTANCE OF 51.37 FEET TO A TANGENT LINE; THENCE ALONG SAID TANGENT LINE NORTH 36° 51' 48" EAST 133.90 FEET TO A POINT OF THE
CURVING SOUTHWESTERLY LINE OF THOUSAND OAKS BOULEVARD AS SHOWN ON SAID MAP OF PARCEL MAP NO. L.D.-516, SAID POINT BEING ON A NON TANGENT CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 25.00 FEET, A RADIAL BEARING OF SAID CURVE AT SAID POINT BEARING NORTH 83° 58' 55" WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE AND SOUTHWESTERLY LINE OF THOUSAND OAKS BOULEVARD THROUGH A CENTRAL ANGLE OF 26° 23' 48" AN ARC DISTANCE OF Item No. 8A
PRELIMINARY REPORT Chicago Title Company
YOUR REFERENCE: NBU# 128558-MH ORDER NO.: 00128593-994-LT2-DB
EXHIBIT A
(Continued)
CLTA Preliminary Report Form – Modified (11/17/06) Page 5
11.52 FEET TO AN ANGLE POINT IN SAID SOUTHWESTERLY LINE OF THOUSAND OAKS BOULEVARD,
THENCE CONTINUING ALONG SAID SOUTHWESTERLY LINE OF THOUSAND OAKS BOULEVARD SOUTH 57° 35' 07" EAST 62.73 FEET; THENCE LEAVING SAID SOUTHWESTERLY LINE OF THOUSAND OAKS BOULEVARD SOUTH 36° 51' 48" WEST 87.57 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 30.00 FEET; THENCE SOUTHWESTERLY, SOUTHERLY AND SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 92° 53' 31" AN ARC DISTANCE OF 48.64 FEET TO A TANGENT LINE; THENCE ALONG SAID TANGENT LINE SOUTH 56° 01' 43" EAST 180.10 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 103.81 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 25° 35' 28" AN ARC DISTANCE OF 46.37 FEET TO A TANGENT LINE; THENCE ALONG SAID TANGENT LINE SOUTH 30° 26' 15" EAST 27.60 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 73.00 FEET; THENCE SOUTHEASTERLY, SOUTHERLY AND SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 64° 24' 32" AN ARC DISTANCE OF 82.06 FEET TO A TANGENT LINE; THENCE ALONG SAID TANGENT LINE SOUTH 33° 58' 17" WEST
79.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 30.00 FEET; THENCE SOUTHWESTERLY, SOUTHERLY AND SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 91° 33' 24" AND ARC DISTANCE OF 39.95 FEET TO A TANGENT LINE; THENCE ALONG SAID TANGENT LINE SOUTH 57° 35' 07" EAST 89.92 FEET TO THE TRUE POINT OF
BEGINNING, AS CREATED BY EASEMENT GRANT DEED, DECLARATION OF RIGHTS AND RESTRICTIONS AND EASEMENT QUITCLAIM AND RELEASE, RECORDED MARCH 10, 1997, AS DOCUMENT NO. 97-028954 OF OFFICIAL RECORDS.
APN: 680-0-230-695, 680-0-230-715
Item No. 8A
EXHIBIT “B”
Site Plan
Item No. 8A
BUILDING A2 3 STORY RESIDENCES 63 UNITS LAKEVIEW CANYON ROAD THOUSAND OAKS BOULEVARD EXISTING OFFICE BUILDING BUILDING B2 3 STORY RESIDENCES 64 UNITS BUILDING C 4 STORY PARKING GARAGE PLANNING AREA 1 PROPERTY LINE 8.8 ACRES PLANNING AREA 2 PROPERTY LINE 34.1 ACRES 101 FREEWAY EXISTING PARKING TO REMAIN THE PROMENADE AT WESTLAKE BUILDING A1 3 STORY RESIDENCES 77 UNITS BUILDING B1 3 STORY RESIDENCES 60 UNITS Architecture + Planning 888.456.5849 ktgy.com THE OAKS THOUSAND OAKS, CALIFORNIA # 2021-0205 FORMAL SUBMITTAL APRIL 12, 2022 One Baxter Way LP 503 32nd St., Suite 120 Newport Beach, CA 92663 A1-0 THE OAKS SITE PLAN 0 50 100 200 Item No. 8A
LAKEVIEW CANYON ROAD
THOUSAND OAKS BOULEVARD BUILDING A2 3 STORY RESIDENCES 63 UNITS PLANNING AREA 1 PROPERTY LINE 8.8 ACRES BUILDING B2 3 STORY RESIDENCES 64 UNITS BUILDING C 4 STORY PARKING GARAGE EXISTING OFFICE BUILDING PLANNING AREA 2 PROPERTY LINE 34.1 ACRES BUILDING SETBACK 100' FROM CENTER OF STREET BRIDGE CONNECTION TO EXISTING SHOPPING CENTER 33'-0" FIRE ACCESS LANE FIRE ACCESS LANE 33'-0" 63'-9" 57'-9" 25'-0" 25'-0"
25'-0"
25'-0" BUILDING A LEASING & AMENITIES THE PROMENADE AT WESTLAKE 16'-0" 8'-0" 65'-10" 18'-0"9'-0" 25'-0" 10'-0" 10'-0" 30'-0"
20'-0" 9'-0" 18'-0"9'-0" 87'-4" 84'-6" 51'-1"89'-2" PROPOSED STORM DRAIN EASEMENT 16'-0" 9'-0" 18'-0"9'-0" 106'-7"
68'-6" 125'-5" 100'-0" 100'-0" LOADING LOADING TRASH ROOM 25'-0" 73'-3" 146'-11" 207'-3"
222'-10" 62'-7" 200'-0" BUILDING A2 3 STORY RESIDENCES 77 UNITS BUILDING B1 3 STORY RESIDENCES 60 UNITS TRASH ROOM TRASH ROOM BULKY ITEM PICKUP AREA Architecture + Planning 888.456.5849 ktgy.com THE OAKS THOUSAND OAKS, CALIFORNIA # 2021-0205 FORMAL SUBMITTAL APRIL 12, 2022 One Baxter Way LP 503 32nd St., Suite 120 Newport Beach, CA 92663 A1-1 GATEWAY SITE PLAN 0 25 50 100 Item No. 8A
EXHIBIT “C”
Project Plan Set dated April 13, 2022
Item No. 8A
Architecture + Planning 888.456.5849 ktgy.com THE OAKS THOUSAND OAKS, CALIFORNIA # 2021-0205 FORMAL SUBMITTAL APRIL 12, 2022 One Baxter Way LP 503 32nd St., Suite 120 Newport Beach, CA 92663 A0-0 TITLE SHEET NTS CONTENTS ARCHITECTURAL A0-0 TITLE SHEET A1-0 THE OAKS SITE PLAN A1-1 GATEWAY SITE PLAN A1-2 OPEN SPACE / LOT COVERAGE A1-3 - 4 OPEN SPACE / PRIVATE AND COMMON A1-5 FIRE ACCESS EXHIBIT A1-6 AVERAGE HEIGHT DIAGRAM - BLDG A A1-7 AVERAGE HEIGHT DIAGRAM - BLDG B A1-8 AVERAGE HEIGHT DIAGRAM - BLDG C A2-0 BUILDING ELEVATIONS - BLDG A A2-1 BUILDING ELEVATIONS - BLDG B A2-2 BUILDING ELEVATIONS - BLDG C A2-3 BUILDING ELEVATION DETAILS A2-4 BUILDING ELEVATION REFERENCES A3-0 - 4 BUILDING PLANS - BLDG A A3-5 - 9 BUILDING PLANS - BLDG B A3-10 - 12 BUILDING PLANS - BLDG C A4-0 BUILDING SECTIONS A6-0 CONCEPTUAL PERSPECTIVES A7-0 - 3 CONCEPTUAL RENDERINGS A8-0 COLOR AND MATERIAL BOARD A9-0 TRASH EXHIBIT A10-0 PHOTOMETRIC PLANS CIVIL C-01 EXISTING CONDITIONS MAP C-02 SLOPE ANALYSIS MAP C-03 LAND DIVISION - TENTATIVE PARCEL MAP C-04 LAND DIVISION - TENTATIVE PARCEL MAP C-05 CONCEPTUAL GRADING PLAN C-06 CONCEPTUAL GRADING PLAN C-07 CONCEPTUAL GRADING PLAN C-08 CUT-FILL MAP C-09 CONCEPTUAL UTILITIES PLAN C-10 CONCEPTUAL DRAINAGE/WATER QUALITY PLAN C-11 FUEL MODIFICATION EXHIBIT LANDSCAPE L1.00A AERIAL MAP L1.00B OVERALL SITE PLAN L1.01A SITE PLAN L2.01 ENLARGEMENT PLAN 01 L2.02 ENLARGEMENT PLAN 02 L2.03 ENLARGEMENT PLAN 03 L2.04 ENLARGEMENT PLAN 04 L2.05 ENLARGEMENT PLAN 05 L2.06 ENLARGEMENT PLAN 06 L3.01A EXISTING TREE AND REMOVAL PLAN L3.02 REPLACEMENT TREE PLAN L3.03 ORNAMENTAL TREE PLAN L3.04 UNDERSTORY PLANTING PLAN L4.01 MATERIALS PLAN L4.02 CIRCULATION DIAGRAM L4.03 MATERIALS BOARD VICINITY MAP NTS PLANNING AREA 1 - GATEWAY PROJECT SUMMARY ZONING: EXISTING - M-1 PROPOSED - SPECIFIC PLAN SITE AREA: 383,788 SF / 8.8 ACRES PROPOSED UNITS: 264 UNITS PROPOSED DENSITY: 30 DU/AC AFFORDABLE UNITS: 34 UNITS (16 VLI AND 18 LI) STORIES: 3 STORIES AVG BLDG HT: BUILDING A - 34'-2" BUILDING B - 35'-10" UNIT MIX BUILDING A1 A2 B1 B2 COMBINED STUDIO 19 28 12 8 67 (25%) 1-BED 30 17 14 40 101 (38%) 1-BED+D 8 4 4 2 18 (7%) 2-BED 20 14 30 14 78 (30%) TOTALS 77 63 60 64 264 (100%) VEHICULAR PARKING REQUIRED STUDIO & 1 BED 1 SP/DU 186 SPACES 2-BED 1.5 SP/DU 117 SPACES GUEST .5 SP/DU 132 SPACES TOTAL 435 SPACES BICYCLE PARKING REQUIRED LONG TERM: .5 SP/DU 132 SPACES SHORT TERM: 5% PARKING 22 SPACES TOTAL 154 SPACES BICYCLE PARKING PROVIDED BUILDING A GARAGE: 66 SPACES BUILDING B GARAGE: 66 SPACES SURFACE PARKING: 22 SPACES TOTAL 154 SPACES FAR BUILDING A1 & A2 GSF: 146,820 SF BUILDING B1 & B2 GSF: 139,299 SF TOTAL 286,119 SF PROVIDED FAR: 0.75 (286,119 SF/ 383,788 SF) *GSF INCLUDES ALL COVERED BUILDING AREAS OPEN SPACE BUILDING A1 & A2 PRIVATE: 7,078 SF BUILDING A1 & A2 COMMON: 21,642 SF BUILDING B1 & B2 PRIVATE: 7,837 SF BUILDING B1 & B2 COMMON: 18,951 SF PLANNING AREA 2 - ONE BAXTER WAY PROJECT SUMMARY ZONING: EXISTING - M-1 SITE AREA: 1,485,582 SF / 34.1 ACRES STORIES: 1 BAXTER WAY - 3 STORIES BUILDING C - 4 STORIES AVG BLDG HT: 1 BAXTER WAY - 45'-0" BUILDING C - 46'-8" FAR BUILDING C GSF: 339,783 SF PROVIDED FAR: 0.23 (339,783 SF/ 1,485,582 SF) *GSF INCLUDES ALL COVERED BUILDING AREAS AERIAL MAP NTS GATEWAY AT THE OAKS THOUSAND OAKS, CA PROJECT TEAM APPLICANT ONE BAXTER WAY LP 503 32ND ST., SUITE 120 NEWPORT BEACH 714.619.7877 ARCHITECT KTGY 433 S. SPRING ST., SUITE 750 LOS ANGELES 310.394.2625 CIVIL ENGINEER HUNSAKER & ASSOCIATES 3 HUGHES IRVINE 949.768.2541 LANDSCAPE ARCHITECT RELM 617 S. OLIVE ST., SUITE 1110 LOS ANGELES 213.673.4400 ARBORIST/FORESTER DUDEK 27372 CALLE ARROYO SAN JUAN CAPISTRANO 626.204.9800 SITE APNS: 6800230695 & 6800230715 PARKING TABULATIONS EXISTING PARKING ON SITE: 1,249 SPACES PROPOSED PARKING: 1,547 SPACES PLANNING AREA 1 SURFACE PARKING: 161 SPACES BUILDING A GARAGE: 150 SPACES BUILDING B GARAGE: 124 SPACES TOTAL 435 SPACES PLANNING AREA 2 SURFACE PARKING: 187 SPACES BUILDING C GARAGE: 925 SPACES TOTAL 1,112 SPACES TOTAL PARKING ON SITE 1,547 SPACES PLANNING AREA 1 GATEWAY PLANNING AREA 2 ONE BAXTER WAY Item No. 8A
BUILDING A2 3 STORY RESIDENCES 63 UNITS LAKEVIEW CANYON ROAD THOUSAND OAKS BOULEVARD EXISTING OFFICE BUILDING BUILDING B2 3 STORY RESIDENCES 64 UNITS BUILDING C 4 STORY PARKING GARAGE PLANNING AREA 1 PROPERTY LINE 8.8 ACRES PLANNING AREA 2 PROPERTY LINE 34.1 ACRES 101 FREEWAY EXISTING PARKING TO REMAIN THE PROMENADE AT WESTLAKE BUILDING A1 3 STORY RESIDENCES 77 UNITS BUILDING B1 3 STORY RESIDENCES 60 UNITS Architecture + Planning 888.456.5849 ktgy.com THE OAKS THOUSAND OAKS, CALIFORNIA # 2021-0205 FORMAL SUBMITTAL APRIL 12, 2022 One Baxter Way LP 503 32nd St., Suite 120 Newport Beach, CA 92663 A1-0 THE OAKS SITE PLAN 0 50 100 200 Item No. 8A
LAKEVIEW CANYON ROAD
THOUSAND OAKS BOULEVARD BUILDING A2 3 STORY RESIDENCES 63 UNITS PLANNING AREA 1 PROPERTY LINE 8.8 ACRES BUILDING B2 3 STORY RESIDENCES 64 UNITS BUILDING C 4 STORY PARKING GARAGE EXISTING OFFICE BUILDING PLANNING AREA 2 PROPERTY LINE 34.1 ACRES BUILDING SETBACK 100' FROM CENTER OF STREET BRIDGE CONNECTION TO EXISTING SHOPPING CENTER 33'-0" FIRE ACCESS LANE FIRE ACCESS LANE 33'-0" 63'-9" 57'-9" 25'-0" 25'-0"
25'-0"
25'-0" BUILDING A LEASING & AMENITIES THE PROMENADE AT WESTLAKE 16'-0" 8'-0" 65'-10" 18'-0"9'-0" 25'-0" 10'-0" 10'-0" 30'-0"
20'-0" 9'-0" 18'-0"9'-0" 87'-4" 84'-6" 51'-1"89'-2" PROPOSED STORM DRAIN EASEMENT 16'-0" 9'-0" 18'-0"9'-0" 106'-7"
68'-6" 125'-5" 100'-0" 100'-0" LOADING LOADING TRASH ROOM 25'-0" 73'-3" 146'-11" 207'-3"
222'-10" 62'-7" 200'-0" BUILDING A2 3 STORY RESIDENCES 77 UNITS BUILDING B1 3 STORY RESIDENCES 60 UNITS TRASH ROOM TRASH ROOM BULKY ITEM PICKUP AREA Architecture + Planning 888.456.5849 ktgy.com THE OAKS THOUSAND OAKS, CALIFORNIA # 2021-0205 FORMAL SUBMITTAL APRIL 12, 2022 One Baxter Way LP 503 32nd St., Suite 120 Newport Beach, CA 92663 A1-1 GATEWAY SITE PLAN 0 25 50 100 Item No. 8A
LAKEVIEW CANYON ROAD
THOUSAND OAKS BOULEVARD OPEN SPACE 1 8,466 SF OPEN SPACE 2 78,034 SF OPEN SPACE 4 11,968 SF OPEN SPACE 3 14,486 SF OPEN SPACE 6 15,349 SF OPEN SPACE 5 4,958 SF STRUCTURED COVERAGE 1 19,621 SF STRUCTURED COVERAGE 2 34,034 SF STRUCTURED COVERAGE 3 22,785 SF STRUCTURED COVERAGE 4 22,403 SF PAVED AREAS 1 84,281 SF OPEN SPACE 7 15,891 SF Architecture + Planning 888.456.5849 ktgy.com THE OAKS THOUSAND OAKS, CALIFORNIA # 2021-0205 FORMAL SUBMITTAL APRIL 12, 2022 One Baxter Way LP 503 32nd St., Suite 120 Newport Beach, CA 92663 A1-2 OPEN SPACE DIAGRAM 0 25 50 100 LOT COVERAGE OPEN SPACE / LOT COVERAGE SEC. 9-4.904 SITE AREA: 383,788 SF (8.8 ACRES) REQUIRED STRUCTURED COVERAGE: 35% MAX 134,235 SF PAVED AREAS: 25% MAX 95,947 SF OPEN SPACE: 35% MIN 134,235 SF OTHER: 5% MAX 19,189 SF PROVIDED STRUCTURED COVERAGE: 25.6% 98,843 SF PAVED AREAS: 22.0% 84,281 SF OPEN SPACE: 39.0% 149,146 SF OTHER: 0% 0 SF COLOR LEGEND STRUCTURED COVERAGE PAVED AREAS OPEN SPACE Item No. 8A
COURTYARD 14,267 SF TYPICAL PRIVATE OPEN SPACE 69 SF ROOF DECK 7,374 SF 11'-6" 6'-0" 69 SF TYP. INTERIOR EXTERIOR Architecture + Planning 888.456.5849 ktgy.com THE OAKS THOUSAND OAKS, CALIFORNIA # 2021-0205 FORMAL SUBMITTAL APRIL 12, 2022 One Baxter Way LP 503 32nd St., Suite 120 Newport Beach, CA 92663 A1-3 OPEN SPACE DIAGRAM 0 20 40 80 BUILDING A - PRIVATE AND COMMON OPEN SPACE / PRIVATE AND COMMON SEC. 9-4.904 BUILDING A1 & A2 FIRST LEVEL: PRIVATE OPEN SPACE - 2,221 SF COMMON OPEN SPACE - 14,267 SF SECOND LEVEL: PRIVATE OPEN SPACE - 2,428 SF COMMON OPEN SPACE - 0 SF THIRD LEVEL: PRIVATE OPEN SPACE - 2,428 SF COMMON OPEN SPACE - 7,374 SF TOTAL: PRIVATE OPEN SPACE - 7,078 SF COMMON OPEN SPACE - 21,642 SF COLOR LEGEND PRIVATE OPEN SPACE COMMON OPEN SPACE FIRST LEVEL SECOND LEVEL THIRD LEVEL TYPICAL PRIVATE OPEN SPACE Item No. 8A
COURTYARD 14,527 SF TYPICAL PRIVATE OPEN SPACE 69 SF ROOF DECK 4,424 SF 11'-6" 6'-0" 69 SF TYP. INTERIOR EXTERIOR Architecture + Planning 888.456.5849 ktgy.com THE OAKS THOUSAND OAKS, CALIFORNIA # 2021-0205 FORMAL SUBMITTAL APRIL 12, 2022 One Baxter Way LP 503 32nd St., Suite 120 Newport Beach, CA 92663 A1-4 OPEN SPACE DIAGRAM 0 20 40 80 BUILDING B - PRIVATE AND COMMON OPEN SPACE / PRIVATE AND COMMON SEC. 9-4.904 BUILDING B1 & B2 BASEMENT LEVEL: PRIVATE OPEN SPACE - 207 SF COMMON OPEN SPACE - 0 SF FIRST LEVEL: PRIVATE OPEN SPACE - 2,566 SF COMMON OPEN SPACE - 14,527 SF SECOND LEVEL: PRIVATE OPEN SPACE - 2,635 SF COMMON OPEN SPACE - 0 SF THIRD LEVEL: PRIVATE OPEN SPACE - 2,428 SF COMMON OPEN SPACE - 4,424 SF TOTAL: PRIVATE OPEN SPACE - 7,837 SF COMMON OPEN SPACE - 18,951 SF COLOR LEGEND PRIVATE OPEN SPACE COMMON OPEN SPACE BASEMENT LEVEL FIRST LEVEL SECOND LEVEL THIRD LEVEL TYPICAL PRIVATE OPEN SPACE Item No. 8A
145 PARKING SPACES
LAKEVIEW CANYON ROAD
THOUSAND OAKS BOULEVARD BUILDING A2 3 STORY RESIDENCES 63 UNITS BUILDING B2 3 STORY RESIDENCES 64 UNITS BUILDING C 4 STORY PARKING GARAGE EXISTING OFFICE BUILDING 100' 130' 9'-11" 27'-3" 16'-8" 33'-0" 30'-0" 25'-0" 25'-0" 25'-0" 25'-0" 25'-0" 25'-0" 160' 85' 75' 155' 200' 200' 80' 150' 20'-7" 26'-0" 14'-6" 18'-4"
33'-0"
18'-1"
21'-0"
10'-2" 13'-11" BUILDING A1 3 STORY RESIDENCES 77 UNITS BUILDING B1 3 STORY RESIDENCES 60 UNITS OUSAND OAKS BOULEVARD Architecture + Planning 888.456.5849 ktgy.com THE OAKS THOUSAND OAKS, CALIFORNIA # 2021-0205 FORMAL SUBMITTAL APRIL 12, 2022 One Baxter Way LP 503 32nd St., Suite 120 Newport Beach, CA 92663 A1-5 FIRE ACCESS PLAN 0 30 60 120 ARROW LEGEND FIRE ACCESS (24' WIDTH MIN.) FIRE LANE (24' WIDTH MIN.) STANDPIPE (AT ALL LEVELS / ROOF ACCESS) HOSE PULL BUILDING COVERAGE (EXTERIOR) TRUCK TURNING MOVEMENT EXAMPLE A TRUCK TURNING MOVEMENT EXAMPLE B Item No. 8A
24'-0"
40'-7"
33'-7"
36'-7" 52'-6" 21'-7" 203'-6" 42'-1" A B C D 63'-8" 9'-6" 133'-5" 36'-7"
34'-7" A B 28'-0" 42'-2" 31'-3" 7'-6" 17'-6" 165'-2" 38'-0" 34'-7"
36'-7"
30'-9"
33'-7"
37'-7"
36'-7" A B C D E F 32'-0" 13'-4" 94'-6"
36'-7"
33'-1"
34'-7" A B C Architecture + Planning 888.456.5849 ktgy.com THE OAKS THOUSAND OAKS, CALIFORNIA # 2021-0205 FORMAL SUBMITTAL APRIL 12, 2022 One Baxter Way LP 503 32nd St., Suite 120 Newport Beach, CA 92663 A1-6 AVERAGE HEIGHT DIAGRAM 0 8 16 32 BUILDING A 1 | BUILDING A1 - WEST ELEVATION 1 2 | BUILDING A1 - SOUTH ELEVATION 2 3 | BUILDING A1 & A2 - EAST ELEVATION 4 | BUILDING A2 - NORTH ELEVATION 3 4 CALCULATIONS AVG BLDG HT = BLDG HT * SEGMENT LENGTH PERCENTAGE BUILDING A1 - WEST ELEVATION BLDG LGTH: 52.5+21.58+203.5+42.08 = 319.66 SEGMENT A: 52.5/319.66 = 16% SEGMENT B: 21.58/319.66 = 7% SEGMENT C: 203.5/319.66 = 64% SEGMENT D: 42.08/319.66 = 13% AVG HT: (24*.16)+(40.58*.07)+(33.58*.64)+(36.58*.13) = 32'-11" BUILDING A1 - SOUTH ELEVATION BLDG LGTH: 63.7+133.42 = 197.08 SEGMENT A: 63.7/197.08 = 32% SEGMENT B: 133.42/197.08 = 68% AVG HT: (36.58*.32)+(34.58*.68) = 35'-3" BUILDING A1 & A2 - EAST ELEVATION BLDG LGTH: 28+42.17+31.25+17.5+165.17+38 = 322.08 SEGMENT A: 28/322.08 = 9% SEGMENT B: 42.17/322.08 = 13% SEGMENT C: 31.25/322.08 = 10% SEGMENT D: 17.5/322.08 = 5% SEGMENT E: 165.17/322.08 = 51% SEGMENT F: 38/322.08 = 12% AVG HT: (34.58*.09)+(36.58*.13)+(30.75*.10)+(37.58*.05)+(33.58*.51) +(36.58*.12) = 34'-4" BUILDING A2 - NORTH ELEVATION BLDG LGTH: 32+13.33+94.5 = 139.83 SEGMENT A: 32/139.83 = 23% SEGMENT B: 13.33/139.83 = 9% SEGMENT C: 94.5/139.83 = 68% AVG HT: (36.58*.23)+(33.08*.09)+(34.58*.68) = 34'-11" TOTAL AVERAGE BUILDING HEIGHT BLDG LGTH: 319.66+197.08+322.08+139.83 = 978.65 WEST: 319.66/978.65 = 33% SOUTH: 197.08/978.65 = 20% EAST: 322.08/978.65 = 33% NORTH: 139.83/978.65 = 14% AVG HT: (32.92*.33)+(35.25*.20)+(34.33*.33)+(34.92*.14) = 34'-2" Item No. 8A
46'-7" 106'-10" 29'-7"
44'-7" A B 31'-7" 204'-8" 17'-6" 7'-6" 45'-9" 42'-2" 28'-0" 36'-0"
33'-7"
30'-9"
36'-7"
34'-7" A B D E F
37'-7" C 143'-7" 9'-6" 38'-6"
34'-7"
36'-7" A B 57'-8" 146'-4" 17'-9" 75'-10" 38'-6" 33'-5"
35'-0"
36'-7"
33'-7"
38'-7"
30'-9"
38'-3" A B D E F 7'-6" C Architecture + Planning 888.456.5849 ktgy.com THE OAKS THOUSAND OAKS, CALIFORNIA # 2021-0205 FORMAL SUBMITTAL APRIL 12, 2022 One Baxter Way LP 503 32nd St., Suite 120 Newport Beach, CA 92663 A1-7 AVERAGE HEIGHT DIAGRAM 0 8 16 32 BUILDING B 1 | BUILDING B1 - WEST ELEVATION 1 2 | BUILDING B1 & B2 - SOUTH ELEVATION 2 3 | BUILDING B2 - EAST ELEVATION 4 | BUILDING B1 & B2 - NORTH ELEVATION 3 4 CALCULATIONS AVG BLDG HT = BLDG HT * SEGMENT LENGTH PERCENTAGE BUILDING B1 - WEST ELEVATION BLDG LGTH: 106.83+29.58 = 136.41 SEGMENT A: 106.83/136.41 = 78% SEGMENT B: 29.58/136.41 = 22% AVG HT: (46.58*.78)+(44.58*.22) = 46'-2" BUILDING B1 & B2 - SOUTH ELEVATION BLDG LGTH: 31.58+204.66+17.5+45.75+42.17+28 = 369.66 SEGMENT A: 31.58/369.66 = 9% SEGMENT B: 204.66/369.66 = 55% SEGMENT C: 17.5/369.66 = 5% SEGMENT D: 45.75/369.66 = 12% SEGMENT E: 42.17/369.66 = 11% SEGMENT F: 28/369.66 = 8% AVG HT: (36*.09)+(33.58*.55)+(37.58*.05)+(30.75*.12)+(36.58*.11) +(34.58*.08) = 34'-1" BUILDING B2 - EAST ELEVATION BLDG LGTH: 143.58+38.5 = 182.08 SEGMENT A: 143.58/182.08 = 79% SEGMENT B: 38.5/182.08 = 21% AVG HT: (34.58*.79)+(36.58*.21) = 35'-0" BUILDING B1 &B2 - NORTH ELEVATION BLDG LGTH: 57.66+146.33+17.75+75.83+38.5+33.42 = 369.5 SEGMENT A: 57.66/369.5 = 16% SEGMENT B: 146.33/369.5 = 40% SEGMENT C: 17.75/369.5 = 5% SEGMENT D: 75.83/369.5 = 20% SEGMENT E: 38.5/369.5 = 10% SEGMENT F: 33.42/369.5 = 9% AVG HT: (36.58*.16)+(33.58*.40)+(38.58*.05)+(30.75*.20)+(38.25*.10) +(35*.09) = 34'-4" TOTAL AVERAGE BUILDING HEIGHT BLDG LGTH: 136.41+369.66+182.08+369.5 = 1057.65 WEST: 136.41/1057.65 = 13% SOUTH: 369.66/1057.65 = 35% EAST: 182.08/1057.65 = 17% NORTH: 369.5/1057.65 = 35% AVG HT: (46.17*.13)+(34.08*.35)+(35*.17)+(34.33*.35) = 35'-10" Item No. 8A
20'-0"
56'-1" 157'-0" 20'-0"
50'-6"
47'-4" A B C 10'-0"
43'-9" 10'-0" 219'-6"
50'-2"
49'-5" 8'-4" 108'-6"
43'-2" A B C D 18'-10" 158'-2" 20'-0"
55'-1"
44'-2"
51'-3" A B C 10'-0" 344'-6" 10'-0"
51'-6"
56'-4"
47'-11" A B C Architecture + Planning 888.456.5849 ktgy.com THE OAKS THOUSAND OAKS, CALIFORNIA # 2021-0205 FORMAL SUBMITTAL APRIL 12, 2022 One Baxter Way LP 503 32nd St., Suite 120 Newport Beach, CA 92663 A1-8 AVERAGE HEIGHT DIAGRAM 0 8 16 32 BUILDING C 1 | BUILDING C - WEST ELEVATION 1 2 | BUILDING C - SOUTH ELEVATION 2 3 | BUILDING C - EAST ELEVATION 4 | BUILDING C - NORTH ELEVATION 3 4 CALCULATIONS AVG BLDG HT = BLDG HT * SEGMENT LENGTH PERCENTAGE BUILDING C - WEST ELEVATION BLDG LGTH: 20+157+20 = 197 SEGMENT A: 20/197 = 10% SEGMENT B: 157/197 = 80% SEGMENT C: 20/197 = 10% AVG HT: (56.08*.10)+(47.33*.80)+(56.08*.10) = 48'-10" BUILDING C - SOUTH ELEVATION BLDG LGTH: 10+219.5+10+108.5 = 348 SEGMENT A: 10/348 = 3% SEGMENT B: 219.5/348 = 63% SEGMENT C: 10/348 = 3% SEGMENT D: 108.5/348 = 31% AVG HT: (50.17*.03)+(43.75*.63)+(49.42*.03)+(43.17*.31) = 43'-11" BUILDING C - EAST ELEVATION BLDG LGTH: 18.83+158.17+20 = 197 SEGMENT A: 18.83/197 = 10% SEGMENT B: 158.17/197 = 80% SEGMENT C: 20/197 = 10% AVG HT: (55.08*.10)+(44.17*.80)+(51.25*.10) = 46'-0" BUILDING C - NORTH ELEVATION BLDG LGTH: 10+344.5+10 = 364.5 SEGMENT A: 10/364.5 = 3% SEGMENT B: 344.5/364.5 = 94% SEGMENT C: 10/364.5 = 3% AVG HT: (51.5*.03)+(47.92*.94)+(56.33*.03) = 48'-3" TOTAL AVERAGE BUILDING HEIGHT BLDG LGTH: 197+348+197+364.5 = 1106.5 WEST: 197/1106.5 = 18% SOUTH: 348/1106.5 = 31% EAST: 197/1106.5 = 18% NORTH: 364.5/1106.5 = 33% AVG HT: (48.83*.18)+(43.92*.31)+(46*.18)+(48.25*.33) = 46'-8" Item No. 8A
+ 973 Grade + 983.75 2nd Floor + 994 3rd Floor + 1005 Roof 01 02 05 01 01 04 03 07 05 02 02 03 06 04 M A M C B A C 08 E E 04G 04 P M H L N J H 33'-7" 7'-0" TOP OF PARAPET TOP OF PARAPET
45'-0" MAX
24'-0" TOP OF RAILING 06 04 02 07 06 02 03 06 05 07 02 05 A B C A 03 H E L H F D N L N + 973 Grade + 983.75 2nd Floor + 994 3rd Floor + 1005 Roof 36'-7" TOP OF PARAPET
45'-0" MAX 06 05 03 02 07 05 01 04 02 02 07 03 07 05 02 02 C A M E A B C B A 04 04 F N L P G L L N G + 973 Grade + 983.75 2nd Floor + 994 3rd Floor + 1005 Roof 35'-1" TOP OF PARAPET 05 02 02 07 05 03 02 07 A B C A 03D 08 P L N L J + 973 Grade + 983.75 2nd Floor + 994 3rd Floor + 1005 Roof 38'-1" TOP OF PARAPET Architecture + Planning 888.456.5849 ktgy.com THE OAKS THOUSAND OAKS, CALIFORNIA # 2021-0205 FORMAL SUBMITTAL APRIL 12, 2022 One Baxter Way LP 503 32nd St., Suite 120 Newport Beach, CA 92663 A2-0 BUILDING ELEVATION 0 8 16 32 BUILDING A 1 | BUILDING A1 - WEST ELEVATION 1 2 | BUILDING A1 - SOUTH ELEVATION 2 3 | BUILDING A1 & A2 - EAST ELEVATION 4 | BUILDING A2 - NORTH ELEVATION 3 4 CALLOUT LEGEND 01 STOREFRONT 02 STUCCO 03 FIBER CEMENT 04 METAL PANEL 05 RAILING 06 VERTICAL SHADING DEVICE 07 VINYL WINDOW 08 CONCRETE *LETTERS REFER TO MATERIAL BOARD Item No. 8A
+ 960.5 Grade 05 06 04 07 03 02 02 05 + 972 1st Floor 02 N F E L C A B A P + 982.25 2nd Floor + 992.5 3rd Floor + 1003.5 Roof 35'-6" 11'-7" TOP OF RAILING TOP OF PARAPET
50'-0" MAX 06 02 07 02 08 07 03 02 05 04 01 06 05 02 06 03 A A 04 04 G H B C B G E H F C 08 L K J L N M P + 960.5 Grade + 972 1st Floor + 982.25 2nd Floor + 992.5 3rd Floor + 1003.5 Roof 37'-10" 9'-3" TOP OF PARAPET TOP OF PARAPET
50'-0" MAX 05 03 07 02 02 02 05 A A 03 04 N C L D B G P + 971.5 Grade + 982.25 2nd Floor + 992.5 3rd Floor + 1003.5 Roof 35'-1" TOP OF PARAPET 05 02 07 02 05 03 04 02 04 01 07 03 A A 02A 04 08 04 04 05 P G L N C J G E B E M F P L C + 971.5 Grade + 982.25 2nd Floor + 992.5 3rd Floor + 1003.5 Roof37'-1" TOP OF PARAPET 35'-6" TOP OF RAILING Architecture + Planning 888.456.5849 ktgy.com THE OAKS THOUSAND OAKS, CALIFORNIA # 2021-0205 FORMAL SUBMITTAL APRIL 12, 2022 One Baxter Way LP 503 32nd St., Suite 120 Newport Beach, CA 92663 A2-1 BUILDING ELEVATION 0 8 16 32 BUILDING B 1 | BUILDING B1 - WEST ELEVATION 1 2 | BUILDING B1 & B2 - SOUTH ELEVATION 2 3 | BUILDING B2 - EAST ELEVATION 4 | BUILDING B1 & B2 - NORTH ELEVATION 3 4 CALLOUT LEGEND 01 STOREFRONT 02 STUCCO 03 FIBER CEMENT 04 METAL PANEL 05 RAILING 06 VERTICAL SHADING DEVICE 07 VINYL WINDOW 08 CONCRETE *LETTERS REFER TO MATERIAL BOARD Item No. 8A
02 01 01 02 + 949.6 Grade E K J E + 966 2nd Floor + 976 3rd Floor + 986 4th Floor + 996 Roof 50'-6" TOP OF PARAPET6'-0"TOP OF PARAPET
55'-0" MAX + 955.8 Grade + 966 2nd Floor + 976 3rd Floor + 986 4th Floor + 996 Roof 02 01 01 02 02 E J K E E 44'-2" TOP OF PARAPET
6'-0"TOP OF PARAPET
55'-0" MAX 02 01 01 02 E K J E + 957 Grade + 966 2nd Floor + 976 3rd Floor + 986 4th Floor + 996 Roof12'-0" TOP OF PARAPET TOP OF PARAPET43'-0" 02 01 01 02 E K J E + 954.6 Grade + 966 2nd Floor + 976 3rd Floor + 986 4th Floor + 996 Roof45'-6" TOP OF PARAPET6'-0"TOP OF PARAPET Architecture + Planning 888.456.5849 ktgy.com THE OAKS THOUSAND OAKS, CALIFORNIA # 2021-0205 FORMAL SUBMITTAL APRIL 12, 2022 One Baxter Way LP 503 32nd St., Suite 120 Newport Beach, CA 92663 A2-2 BUILDING ELEVATION 0 8 16 32 BUILDING C 1 | BUILDING C - WEST ELEVATION 1 2 | BUILDING C - SOUTH ELEVATION 2 3 | BUILDING C - EAST ELEVATION 4 | BUILDING C - NORTH ELEVATION 3 4 CALLOUT LEGEND 01 PAINTED CONCRETE 02 METAL PANEL *LETTERS REFER TO MATERIAL BOARD Item No. 8A
Architecture + Planning 888.456.5849 ktgy.com THE OAKS THOUSAND OAKS, CALIFORNIA # 2021-0205 FORMAL SUBMITTAL APRIL 12, 2022 One Baxter Way LP 503 32nd St., Suite 120 Newport Beach, CA 92663 A2-3 BUILDING ELEVATION DETAILS NTS BUILDING A 1 1 - SAWTOOTH PLAN EXTENSION AND DECK 3 - LEASING AND AMENITY ENTRY 4 - TRANSPARENT RAILING AND PARAPET RELIEF 2 3 4 2 - VERTICAL SHADING DEVICE ROOF CORNICE TO PROVIDE SHADE AND WATER PROTECTION VERTICAL FIBER CEMENT SIDING RECESSED VINYL WINDOW STUCCO ACCENT WALL FACE-MOUNTED VERTICAL METAL PICKET RAILING DECK EDGE TO FOLLOW BEDROOM SAWTOOTH SAWTOOTH AT BEDROOM WALL CREATES VIEW ANGLES AND SEPARATION FROM THE GROUND FLOOR VERTICAL FIBER CEMENT SIDING RECESSED VINYL WINDOW ACCENT IN RECESS VERTICAL SHADING DEVICE STUCCO SEPARATION BETWEEN GROUND AND UPPER FLOORS, PROVIDES SHADE FOR FIRST FLOOR WINDOWS VERTICAL METAL PANEL PROJECT SIGNAGE METAL PANEL ENTRY ACCENT FRAMED ELEMENT WALL SCONCE AT ENTRY STUCCO STOREFRONT BACK-GLAZED WITH VERTICAL EXPOSED MULLIONS STOREFRONT WITH HORIZONTAL FACE COVERS REMOVED TOP-MOUNTED TRANSPARENT PANEL RAILING EXPOSED DECK FASCIA ACCENT WALL PARAPET RELIEF AT CORNERS RECESSED VINYL WINDOW STUCCO VERTICAL SHADING DEVICE IN ACCENT COLOR Item No. 8A
Architecture + Planning 888.456.5849 ktgy.com THE OAKS THOUSAND OAKS, CALIFORNIA # 2021-0205 FORMAL SUBMITTAL APRIL 12, 2022 One Baxter Way LP 503 32nd St., Suite 120 Newport Beach, CA 92663 A2-4 ELEVATION REFERENCES 0 8 16 32 1 1 | BUILDING A1 - SOUTH ELEVATION 2 3 4 2 | BUILDING B1 & B2 - SOUTH ELEVATION 3 | BUILDING C - SOUTH ELEVATION 4 | 1 BAXTER WAY - EAST ELEVATION FLAT METAL PANEL WITH CONCEALED FASTENERS CLEAN ROOF LINE WITH NO VARIATION GENEROUS OFFSET TO SHADE WINDOWS ANGLED WALLS ENHANCE BUILDING FORM STUCCO COLOR TO COMPLIMENT 1 BAXTER WAY METAL PANEL ACCENT CLEAN ROOF LINE WITH LITTLE VARIATION WITH CONCEALED FASTENERS AND VERTICAL JOINTS VERTICAL JOINTS CONTRAST HORIZONTAL LANGUAGE VERTICAL JOINTS IN HORIZONTAL MASSING CLEAN ROOF LINE WITH LITTLE VARIATION STUCCO COLOR TO COMPLIMENT 1 BAXTER WAY SAWTOOTH IN PLAN TO COMPLIMENT ANGLED BUILDING FORM OF 1 BAXTER WAY METAL PANEL ACCENT WITH CONCEALED FASTENERS AND VERTICAL JOINTS VERTICAL JOINTS IN HORIZONTAL MASSING CONCRETE COLOR TO CLEAN ROOF LINE WITH LITTLE VARIATION COMPLIMENT 1 BAXTER WAY METAL PANEL ACCENT WITH CONCEALED FASTENERS AND VERTICAL JOINTS GENEROUS OFFSET TO PROVIDE SHADE GENEROUS OFFSET TO PROVIDE SHADE GENEROUS OFFSET TO PROVIDE SHADE GENEROUS OFFSET TO PROVIDE SHADE Item No. 8A
BIKE STORAGE MECH. MECH. MECH. 150 PARKING SPACES MECH. CCC CCCCC C CCC CCCCCCCC C 234'-5" 320'-0" 25'-0" 20'-0" 9'-0" 25'-0" 25'-0"
8'-0" 16'-0" LIMITS OF FLOOR ABOVE LIMITS OF FLOOR ABOVE GARAGE ACCESS Architecture + Planning 888.456.5849 ktgy.com THE OAKS THOUSAND OAKS, CALIFORNIA # 2021-0205 FORMAL SUBMITTAL APRIL 12, 2022 One Baxter Way LP 503 32nd St., Suite 120 Newport Beach, CA 92663 A3-0 BUILDING PLAN 0 10 20 40 BUILDING A - SUBTERRANEAN FLOOR SUBTERRANEAN LEVEL Item No. 8A
P1-2 P1-2 P1-2 P0-1 P0-1 P0-1 P0-1 P0-1 P0-1 P0-1 P0-1 P0-1 P0-1 P0-1 P0-1 P0-1 P0-1 P0-1 P2-3 P2-3 P2-1 P2-1 P2-1 P2-1 P1-2 P2-1 P2-1 P1-1 P1-1 P1-1 P1-1 P2-2 P2-2 P1-2 P1-2 P1-2 P1-2 P1-2 P1-2 P1-2 P1-4 P1-3 P1-2 P1-2 ELEC ROOM TRASH ROOM MECH ROOM LOBBY LOBBY P0-1 P0-1 LEASING / AMENITY 313'-3" 320'-0" LIMITS OF FLOOR ABOVE LIMITS OF FLOOR ABOVE BUILDING A2 BUILDING A1 Architecture + Planning 888.456.5849 ktgy.com THE OAKS THOUSAND OAKS, CALIFORNIA # 2021-0205 FORMAL SUBMITTAL APRIL 12, 2022 One Baxter Way LP 503 32nd St., Suite 120 Newport Beach, CA 92663 A3-1 BUILDING PLAN 0 10 20 40 BUILDING A - GROUND FLOOR FIRST LEVEL UNIT LEGEND P0-1 STUDIO P1-1 1-BEDROOM P1-2 1-BEDROOM P1-3 1-BEDROOM + DEN P1-4 1-BEDROOM + DEN P1-5 1-BEDROOM + DEN P2-1 2-BEDROOM P2-2 2-BEDROOM P2-3 2-BEDROOM Item No. 8A
P0-1 P0-1 P0-1 P0-1 P0-1 P0-1 P0-1 P0-1 P0-1 P0-1 P0-1 P0-1 P0-1 P0-1 P0-1 P2-3 P2-3 P2-1 P2-1 P2-1 P2-1 P1-2 P2-1 P2-1 P1-1 P1-1 P1-1 P1-1 P2-2 P2-2 P1-2 P1-2 P1-2 P1-2 P1-2 P1-2 P1-2 P1-4 P1-3 P1-2 P1-2 IDF LOBBY LOBBY OPEN TO BELOW P0-1 P0-1 P0-1 P0-1 P0-1 P0-1 P0-1 P0-1 P0-1 P0-1 P0-1 P0-1 P0-1 P0-1 P0-1 P2-3 P2-3 P2-1 P2-1 P2-1 P2-1 P1-2 P2-1 P2-1 P1-1 P1-1 P1-1 P1-1 P2-2 P2-2 P1-2 P1-2 P1-2 P1-2 P1-2 P1-2 P1-2 P1-4 P1-3 P1-2 P1-2P2-3 P1-5 P1-5 P1-2 P1-5 P2-1 313'-3" 320'-0" BUILDING A2 BUILDING A1 Architecture + Planning 888.456.5849 ktgy.com THE OAKS THOUSAND OAKS, CALIFORNIA # 2021-0205 FORMAL SUBMITTAL APRIL 12, 2022 One Baxter Way LP 503 32nd St., Suite 120 Newport Beach, CA 92663 A3-2 BUILDING PLAN 0 10 20 40 BUILDING A - SECOND FLOOR SECOND LEVEL UNIT LEGEND P0-1 STUDIO P1-1 1-BEDROOM P1-2 1-BEDROOM P1-3 1-BEDROOM + DEN P1-4 1-BEDROOM + DEN P1-5 1-BEDROOM + DEN P2-1 2-BEDROOM P2-2 2-BEDROOM P2-3 2-BEDROOM Item No. 8A
P0-1 P0-1 P0-1 P0-1 P0-1 P0-1 P0-1 P0-1 P0-1 P0-1 P0-1 P0-1 P0-1 P0-1 P0-1 P2-3 P2-3 P2-1 P2-1 P2-1 P2-1 P1-2 P2-1 P2-1 P1-1 P1-1 P1-1 P1-1 P2-2 P2-2 P1-2 P1-2 P1-2 P1-2 P1-2 P1-2 P1-2 P1-4 P1-3 P1-2 P1-2 IDF LOBBY LOBBY P0-1 P0-1 P0-1 P0-1 P0-1 P0-1 P0-1 P0-1 P0-1 P0-1 P0-1 P0-1 P0-1 P0-1 P0-1 P2-3 P2-3 P2-1 P2-1 P2-1 P2-1 P1-2 P2-1 P2-1 P1-1 P1-1 P1-1 P1-1 P2-2 P2-2 P1-2 P1-2 P1-2 P1-2 P1-2 P1-2 P1-2 P1-4 P1-3 P1-2 P1-2P2-3 P1-5 P1-5 P1-2 P1-5 P2-1 ROOF DECK 234'-5" 320'-0" BUILDING A2 BUILDING A1 Architecture + Planning 888.456.5849 ktgy.com THE OAKS THOUSAND OAKS, CALIFORNIA # 2021-0205 FORMAL SUBMITTAL APRIL 12, 2022 One Baxter Way LP 503 32nd St., Suite 120 Newport Beach, CA 92663 A3-3 BUILDING PLAN 0 10 20 40 BUILDING A - THIRD FLOOR THIRD LEVEL UNIT LEGEND P0-1 STUDIO P1-1 1-BEDROOM P1-2 1-BEDROOM P1-3 1-BEDROOM + DEN P1-4 1-BEDROOM + DEN P1-5 1-BEDROOM + DEN P2-1 2-BEDROOM P2-2 2-BEDROOM P2-3 2-BEDROOM Item No. 8A
SLOPE SLOPE SLOPE SLOPE SLOPE SLOPE SLOPE SLOPE SLOPE SLOPE 234'-5" 320'-0" PARAPET BELOW + 996 T.O.P. MECHANICAL UNITS, TYP. ROOF ACCESS + 1014 T.O.P. ROOF ACCESS + 1014 T.O.P. ELEVATOR OVERRUN + 1010 T.O.P. ELEVATOR OVERRUN + 1010 T.O.P. SERVICE AREA AND MECHANICAL SCREEN PARAPET, TYP. + 1007 T.O.P. ROOF SURFACE + 1005 ROOF SURFACE BELOW + 994 BUILDING A2 BUILDING A1 Architecture + Planning 888.456.5849 ktgy.com THE OAKS THOUSAND OAKS, CALIFORNIA # 2021-0205 FORMAL SUBMITTAL APRIL 12, 2022 One Baxter Way LP 503 32nd St., Suite 120 Newport Beach, CA 92663 A3-4 BUILDING PLAN 0 10 20 40 BUILDING A - ROOF PLAN ROOF LEVEL Item No. 8A
BIKE STORAGE BIKE STORAGE MECH. 124 PARKING SPACES MECH. P2-1 P0-1 P0-1 P2-3 P1-2 TRASH ROOM CCC C C C C C C CCC C C C CCCC 367'-6" 180'-0"
25'-0"
20'-0" 9'-0"
25'-0"
16'-0" 8'-0" 25'-0" 25'-0" LIMITS OF FLOOR ABOVE LIMITS OF FLOOR ABOVE BUILDING B1 GARAGE ACCESS Architecture + Planning 888.456.5849 ktgy.com THE OAKS THOUSAND OAKS, CALIFORNIA # 2021-0205 FORMAL SUBMITTAL APRIL 12, 2022 One Baxter Way LP 503 32nd St., Suite 120 Newport Beach, CA 92663 A3-5 BUILDING PLAN 0 10 20 40 BUILDING B - SUBTERRANEAN FLOOR SUBTERRANEAN LEVEL Item No. 8A
P1-2 P2-3 P1-2 P0-1 P0-1 P2-1P1-1 P1-1 P1-1 P1-1P0-1 P2-1 P2-3 P1-2 P2-1 P0-1 P2-1 P2-1 P2-1 P2-1 P1-2 P2-1 P2-1 P2-1 P1-2 P1-2 P1-2 P1-2 P1-2 P1-2 P1-2 P1-2 P1-2 STOR./ IDF LOBBY LOBBY ELEC ROOM P1-2 P1-2 P1-5 P2-1 P0-1 P0-1 P2-3 TRASH ROOM 367'-6" 180'-0" LIMITS OF FLOOR ABOVE LIMITS OF FLOOR ABOVE BUILDING B1 BUILDING B2 LIMITS OF FLOOR ABOVE Architecture + Planning 888.456.5849 ktgy.com THE OAKS THOUSAND OAKS, CALIFORNIA # 2021-0205 FORMAL SUBMITTAL APRIL 12, 2022 One Baxter Way LP 503 32nd St., Suite 120 Newport Beach, CA 92663 A3-6 BUILDING PLAN 0 10 20 40 BUILDING B - GROUND FLOOR FIRST LEVEL UNIT LEGEND P0-1 STUDIO P1-1 1-BEDROOM P1-2 1-BEDROOM P1-3 1-BEDROOM + DEN P1-4 1-BEDROOM + DEN P1-5 1-BEDROOM + DEN P2-1 2-BEDROOM P2-2 2-BEDROOM P2-3 2-BEDROOM Item No. 8A
P1-2 P2-3 P1-2 P0-1 P0-1 P2-1P1-1 P1-1 P1-1 P1-1P0-1 P2-1 P2-3 P1-2 P2-1 P0-1 P2-1 P2-1 P2-1 P2-1 P1-2 P2-1 P2-1 P2-1 P1-2 P1-2 P1-2 P1-2 P1-2 P1-2 P1-2 P1-2 P1-2 STOR./ IDF LOBBY LOBBY P1-5 P1-5 P1-5 P0-1 P2-1 P2-1 P0-1 P0-1 P2-3 367'-6" 180'-0" BUILDING B1 BUILDING B2 Architecture + Planning 888.456.5849 ktgy.com THE OAKS THOUSAND OAKS, CALIFORNIA # 2021-0205 FORMAL SUBMITTAL APRIL 12, 2022 One Baxter Way LP 503 32nd St., Suite 120 Newport Beach, CA 92663 A3-7 BUILDING PLAN 0 10 20 40 BUILDING B - SECOND FLOOR SECOND LEVEL UNIT LEGEND P0-1 STUDIO P1-1 1-BEDROOM P1-2 1-BEDROOM P1-3 1-BEDROOM + DEN P1-4 1-BEDROOM + DEN P1-5 1-BEDROOM + DEN P2-1 2-BEDROOM P2-2 2-BEDROOM P2-3 2-BEDROOM Item No. 8A
P1-2 P2-3 P1-2 P0-1 P0-1 P2-1P1-1 P1-1 P1-1 P1-1P0-1 P2-1 P2-3 P1-2 P2-1 P0-1 P2-1 P2-1 P2-1 P2-1 P1-2 P2-1 P2-1 P2-1 P1-2 P1-2 P1-2 P1-2 P1-2 P1-2 P1-2 P1-2 P1-2 STOR./ IDF LOBBY LOBBY P1-5 P1-5 P0-1 P2-1 ROOF DECK 355'-6" 180'-0" BUILDING B1 BUILDING B2 Architecture + Planning 888.456.5849 ktgy.com THE OAKS THOUSAND OAKS, CALIFORNIA # 2021-0205 FORMAL SUBMITTAL APRIL 12, 2022 One Baxter Way LP 503 32nd St., Suite 120 Newport Beach, CA 92663 A3-8 BUILDING PLAN 0 10 20 40 BUILDING B - THIRD FLOOR THIRD LEVEL UNIT LEGEND P0-1 STUDIO P1-1 1-BEDROOM P1-2 1-BEDROOM P1-3 1-BEDROOM + DEN P1-4 1-BEDROOM + DEN P1-5 1-BEDROOM + DEN P2-1 2-BEDROOM P2-2 2-BEDROOM P2-3 2-BEDROOM Item No. 8A
SLOPE SLOPE SLOPE SLOPE SLOPE SLOPE SLOPE 355'-6"
180'-0" PARAPET BELOW + 994.5 T.O.P. MECHANICAL UNITS, TYP.ROOF ACCESS + 1012.5 T.O.P. ELEVATOR OVERRUN + 1008.5 T.O.P. ROOF ACCESS + 1012.5 T.O.P. ELEVATOR OVERRUN + 1008.5 T.O.P. PARAPET, TYP. + 1005.5 T.O.P. SERVICE AREA AND MECHANICAL SCREEN ROOF SURFACE + 1003.5 ROOF SURFACE BELOW + 992.5 BUILDING B1 BUILDING B2 Architecture + Planning 888.456.5849 ktgy.com THE OAKS THOUSAND OAKS, CALIFORNIA # 2021-0205 FORMAL SUBMITTAL APRIL 12, 2022 One Baxter Way LP 503 32nd St., Suite 120 Newport Beach, CA 92663 A3-9 BUILDING PLAN 0 10 20 40 BUILDING B - ROOF PLAN ROOF LEVEL Item No. 8A
366'-6"
199'-0"
25'-0" 25'-0" 25'-0" 145 PARKING SPACES CCCCC
8'-0" 16'-0"
20'-0" 9'-0" GARAGE ACCESS GARAGE ACCESS 274'-6" 25'-0" 274'-6" 25'-0" 25'-0" 25'-0" 63'-0" GARAGE ACCESS GARAGE ACCESS Architecture + Planning 888.456.5849 ktgy.com THE OAKS THOUSAND OAKS, CALIFORNIA # 2021-0205 FORMAL SUBMITTAL APRIL 12, 2022 One Baxter Way LP 503 32nd St., Suite 120 Newport Beach, CA 92663 A3-10 BUILDING PLAN 0 10 20 40 BUILDING C - GROUND FLOOR FIRST LEVEL Item No. 8A
198 PARKING SPACES PER LEVEL 366'-6"
199'-0"
25'-0"
20'-0" 9'-0"
25'-0" 25'-0" 25'-0" 274'-6" 25'-0" Architecture + Planning 888.456.5849 ktgy.com THE OAKS THOUSAND OAKS, CALIFORNIA # 2021-0205 FORMAL SUBMITTAL APRIL 12, 2022 One Baxter Way LP 503 32nd St., Suite 120 Newport Beach, CA 92663 A3-11 BUILDING PLAN 0 10 20 40 BUILDING C - TYPICAL UPPER FLOOR TYPICAL UPPER LEVEL (2-6) Item No. 8A
198 PARKING SPACES PER LEVEL 366'-6"
199'-0"
25'-0"
20'-0" 9'-0"
25'-0" 25'-0" 25'-0" 63'-0" 25'-0" Architecture + Planning 888.456.5849 ktgy.com THE OAKS THOUSAND OAKS, CALIFORNIA # 2021-0205 FORMAL SUBMITTAL APRIL 12, 2022 One Baxter Way LP 503 32nd St., Suite 120 Newport Beach, CA 92663 A3-12 BUILDING PLAN 0 10 20 40 BUILDING C - ROOF PLAN ROOF LEVEL Item No. 8A
PROPERTY LINE + 973 Grade + 962.5 Sub-T PODIUM COURTYARD PARKING UNIT UNIT UNIT UNIT UNIT UNIT UNIT UNIT UNIT UNIT UNIT UNIT + 983.75 2nd Floor + 994 3rd Floor + 1005 Roof 33'-7" TOP OF PARAPET MECH. SCREEN LINE OF SIGHT LAKEVIEW CANYON ROAD PROPERTY LINE + 960.5 Grade PODIUM COURTYARD PARKING UNIT UNIT UNIT UNIT UNIT UNIT UNIT UNIT UNIT UNIT ROOF DECK UNIT UNIT + 972 1st Floor + 982.25 2nd Floor + 992.5 3rd Floor + 1003.5 Roof 35'-6" 9'-7" TOP OF PARAPET TOP OF PARAPET
50'-0" MAX MECH. SCREEN MECH. SCREEN THOUSAND OAKS BOULEVARD LINE OF SIGHT + 966 2nd Floor + 976 3rd Floor + 986 4th Floor + 996 Roof PARKING PARKING PARKING PARKING 44'-0" TOP OF PARAPET
50'-0" MAX + 955.8 Grade + 962.5 Sub-T + 961 Sub-T PODIUM COURTYARD PODIUM COURTYARD POOL COURTYARD PARKING PARKING UNIT UNIT UNIT UNIT UNIT UNIT UNIT UNIT UNIT UNIT UNIT UNIT UNIT UNIT UNIT UNIT UNIT UNIT + 983.75 2nd Floor + 994 3rd Floor + 1005 Roof 33'-7" TOP OF PARAPET + 982.25 2nd Floor + 992.5 3rd Floor + 1003.5 Roof 33'-7" TOP OF PARAPET MECH. SCREEN MECH. SCREEN + 973 Grade + 971.5 Grade Architecture + Planning 888.456.5849 ktgy.com THE OAKS THOUSAND OAKS, CALIFORNIA # 2021-0205 FORMAL SUBMITTAL APRIL 12, 2022 One Baxter Way LP 503 32nd St., Suite 120 Newport Beach, CA 92663 A4-0 BUILDING SECTIONS 0 10 20 40 A-A | BUILDING A - EAST-WEST B-B | BUILDING B - EAST-WEST C-C | BUILDING C - EAST-WEST D-D | BUILDING A & B - NORTH-SOUTH A A D D B B C C Item No. 8A
Architecture + Planning 888.456.5849 ktgy.com THE OAKS THOUSAND OAKS, CALIFORNIA # 2021-0205 FORMAL SUBMITTAL APRIL 12, 2022 One Baxter Way LP 503 32nd St., Suite 120 Newport Beach, CA 92663 A6-0 CONCEPTUAL PERSPECTIVES NTS BUILDING A 1 1 - OVERALL EYE LEVEL VIEW FROM WEST 2 - EYE LEVEL VIEW FROM AMENITY PASEO 3 - EYE LEVEL VIEW FROM RING ROAD SOUTH 2 3 4 - EYE LEVEL SAWTOOTH DETAIL 4 - AERIAL SAWTOOTH DETAIL 4 NOTE: PLEASE REFER TO LANDSCAPE SHEETS FOR OVERALL LANDSCAPE DESIGN, PLACEMENT OF PLANTS AND TREES, AS WELL AS SPECIES TYPE Item No. 8A
Architecture + Planning 888.456.5849 ktgy.com THE OAKS THOUSAND OAKS, CALIFORNIA # 2021-0205 FORMAL SUBMITTAL APRIL 12, 2022 One Baxter Way LP 503 32nd St., Suite 120 Newport Beach, CA 92663 A7-0 CONCEPTUAL RENDERINGS NTS OVERALL AERIAL FROM WEST 1 NOTE: PLEASE REFER TO LANDSCAPE SHEETS FOR OVERALL LANDSCAPE DESIGN, PLACEMENT OF PLANTS AND TREES, AS WELL AS SPECIES TYPE Item No. 8A
Architecture + Planning 888.456.5849 ktgy.com THE OAKS THOUSAND OAKS, CALIFORNIA # 2021-0205 FORMAL SUBMITTAL APRIL 12, 2022 One Baxter Way LP 503 32nd St., Suite 120 Newport Beach, CA 92663 A7-1 CONCEPTUAL RENDERINGS NTS ARRIVAL AND PASEO VIEW FROM SOUTHWEST 2 NOTE: PLEASE REFER TO LANDSCAPE SHEETS FOR OVERALL LANDSCAPE DESIGN, PLACEMENT OF PLANTS AND TREES, AS WELL AS SPECIES TYPE Item No. 8A
Architecture + Planning 888.456.5849 ktgy.com THE OAKS THOUSAND OAKS, CALIFORNIA # 2021-0205 FORMAL SUBMITTAL APRIL 12, 2022 One Baxter Way LP 503 32nd St., Suite 120 Newport Beach, CA 92663 A7-2 CONCEPTUAL RENDERINGS NTS BIRD'S EYE AMENITY PLAZA FROM NORTHEAST3 NOTE: PLEASE REFER TO LANDSCAPE SHEETS FOR OVERALL LANDSCAPE DESIGN, PLACEMENT OF PLANTS AND TREES, AS WELL AS SPECIES TYPE Item No. 8A
Architecture + Planning 888.456.5849 ktgy.com THE OAKS THOUSAND OAKS, CALIFORNIA # 2021-0205 FORMAL SUBMITTAL APRIL 12, 2022 One Baxter Way LP 503 32nd St., Suite 120 Newport Beach, CA 92663 A7-3 CONCEPTUAL RENDERINGS NTS EYE LEVEL ENTRY VIEW FROM SOUTH 4 NOTE: PLEASE REFER TO LANDSCAPE SHEETS FOR OVERALL LANDSCAPE DESIGN, PLACEMENT OF PLANTS AND TREES, AS WELL AS SPECIES TYPE Item No. 8A
Architecture + Planning 888.456.5849 ktgy.com THE OAKS THOUSAND OAKS, CALIFORNIA # 2021-0205 FORMAL SUBMITTAL APRIL 12, 2022 One Baxter Way LP 503 32nd St., Suite 120 Newport Beach, CA 92663 A8-0 COLOR AND MATERIAL BOARD NTS A | STUCCO BODY 01 - WARM CHARCOAL B | STUCCO BODY 02 - LIGHT BEIGE C | FIBER CEMENT BODY 01 - TAN G | METAL ACCENT 02 - TAN H | METAL ACCENT 03 - BRONZE E | METAL PANEL BODY 01 - CORTEN BROWN L | VINYL WINDOW EXAMPLE - SILVER / GRAY M | STOREFRONT EXAMPLE - CLEAR ANODIZED N | RAILING EXAMPLE 01 - VERTICAL P | RAILING EXAMPLE 02 - PANEL F | METAL ACCENT 01 - BEIGE J | CONCRETE 01 - CORTEN BROWN K | CONCRETE 02 - WARM CHARCOAL D | FIBER CEMENT ACCENT 01 - LIGHT BEIGE Item No. 8A
72'-0"
240'-0"
66'-0"
140'-0" 117'-0" 173'-0"
91'-0" 206'-0" 82'-0"
91'-0" 115'-0"
26'-2" 14'-6" 19'-3"
26'-10" 14'-6"
26'-2" Architecture + Planning 888.456.5849 ktgy.com THE OAKS THOUSAND OAKS, CALIFORNIA # 2021-0205 FORMAL SUBMITTAL APRIL 12, 2022 One Baxter Way LP 503 32nd St., Suite 120 Newport Beach, CA 92663 A9-0 TRASH EXHIBIT 0 4 8 16 BUILDING B - TRAVEL DISTANCES TYPICAL FLOOR TRASH PLAN · RESIDENTS DEPOSIT TRASH INTO TRASH CHUTES ON EACH FLOOR. · TRASH IS COLLECTED INTO TRASH BINS ON TRASH TERMINATION FLOOR. · BINS ARE RETRIEVED ON TRASH PICKUP DAY FROM THE TRASH TERMINATION ROOMS AND BROUGHT TO A STAGING AREA ON SITE DETERMINED IN COMPLIANCE WITH THE APPROVED TRASH COLLECTION AGENCY · TRASH ROOMS AND CHUTES ARE CONVENIENTLY LOCATED NEAR ELEVATOR LOBBIES AND MAIN BUILDING ENTRIES, AND/OR CENTRALIZED WITHIN THE BUILDING. ALL RESIDENTS HAVE EQUAL ACCESS FROM THEIR UNITS, OR THEIR PARKING SPACES BELOW AND ON GRADE. TRASH ACCESS IS LOCATED NO FURTHER THAN 325' FROM ANY FRONT DOOR WITHIN THE PROJECT. LEGEND 01 TRASH CHUTE 02 TRASH BIN 03 RESIDENT ACCESS 04 APPROVED TRASH AGENCY ACCESS (VIA ROLL-UP GARAGE DOOR) BUILDING A - TRAVEL DISTANCES TYPICAL FLOOR 04020301 BUILDING B - GARAGE TERMINATION ROOM BUILDING B - FIRST FLOOR TERMINATION ROOM 0402010304020103 BUILDING A - FIRST FLOOR TERMINATION ROOM EXAMPLE TRASH CHUTE BUILDING SECTION02030103 TYPICAL RESIDENTIAL TRASH ACCESS 0103 CORRIDOR UNITS UNITS IDF CORRIDOR UNITS COURTYARD CORRIDOR COURTYARD UNITS GARAGE THIRD FLOOR SECOND FLOOR FIRST FLOOR GARAGE Item No. 8A
THOUSAND OAKS BOULEVARD
LAKEVIEW CANYON ROAD
ACCESS EASEMENT
PARCEL MAP L.D.-516
LLA 97-306
M.B. 40/87-89 POR. PARCEL 1
NO. 97-158502
54' 42'
PARCEL 2
STOP
STOP
970
975
970
975
980
985
990
965
995
1000
965 970 975
980
2:1
2:1
VARIES
VARIES
2:1
2:1
2:1
2:1
2:1
2:1
2:1
2:1
2:1
2:1
2:1
2:1
2:1
2:1
VARIES
VARIES
2:1
2:1
2:1
2:1 2:1
2:1
VARIES
VARIES
2:1
2:1
2:1
2:1
2:1
2:1
2:1
2:1
2:1
2:1
958
958
959
960
961
962
963
964
965
966 967
956
957
958
968
969
970
971
972
973
974
975
976 976
976
976
966
965
964
963
962
961
960
FF=973.5 GROUND FLOOR
FF=972 GROUND FLOOR
FF=972 GROUND FLOOR
FF=972 GROUND FLOOR
FF=973.5 GROUND FLOOR
FF=973.5 GROUND FLOOR
FF=961 GROUND FLOOR
ZONE X
ZONE X
ZONE X
EXISTING OFFICE BUILDING GFF=962.5 BASEMENT LEVEL FF=973.5 GROUND FLOOR GFF=961 BASEMENT LEVEL FF=972 GROUND FLOOR BUILDING A BUILDING B
LEASING /MAIL
RR
POOL /
FITNESS
LOUNGE CLUB /
ROOM
ELEC
TERM
TRASH
ROOM
MECH
LOBBY
LOBBY
LOBBY
LOBBY
ELEC
ROOM
P0-1
P0-1
P0-1
P0-1
P0-1 P0-1 P0-1 P0-1 P0-1
P0-1
P0-1 P0-1 P0-1 P0-1 P0-1
P2-3
P2-3
P2-1
P2-1
P2-1
P2-1
P1-2
P2-1
P2-1
P1-1
P1-1
P1-1
P1-1
P2-2
P2-2
P1-2 P1-2 P1-2
P1-2
P1-2
P1-2
P1-2
P1-4
P1-3
P1-2
P1-2
P2-3
P1-2
P1-2
P0-1
P0-1
P2-1
P1-1
P1-1
P1-1
P1-1P0-1
P2-1
P2-3
P1-2
P2-1
P2-1
P2-1
P2-1
P2-1
P0-1
P2-1
P2-1
P2-1
P1-2
P1-2
P1-2
P1-2
P1-2
P1-2
P1-2
P1-2
P1-2
P1-2
IDF STOR./
133 PARKING SPACES
C
C
C
C
C TREE 03 Calculation Summary Label CalcType Units Avg Max Min Avg/Min Max/Min Bldg A Pathway Illuminance Fc 5.32 19.7 0.2 26.60 98.50 Bldg A1 Illuminance Fc 6.03 12.8 0.2 30.15 64.00 Bldg A2 Illuminance Fc 6.29 13.1 0.6 10.48 21.83 Bldg B1 Illuminance Fc 6.07 13.4 0.7 8.67 19.14 Bldg B2 Illuminance Fc 5.94 13.0 0.0 N.A. N.A. Bldg B Pathway Illuminance Fc 5.42 18.7 0.1 54.20 187.00 Site Illuminance Fc 3.34 9.3 1.0 3.34 9.30 Walking Path 1 Illuminance Fc 7.33 23.6 0.2 36.65 118.00 Walking Path 2 Illuminance Fc 6.06 20.5 0.1 60.60 205.00 Luminaire Schedule Symbol Qty Label Arrangement Total Lamp Lumens LLF Description 55 A SINGLE N.A. 0.850 KIM // UR28-96L-115-3K7-4W 305 B SINGLE N.A. 0.850 KIM // PA7R-NU2-12L-020-3K7 63 F1 SINGLE N.A. 0.850 DMF // DCCxxxx4D-10G-0000-30-Wxx-R AMH: 20
AMH: 20
AMH: 20
AMH: 20
AMH: 20
AMH: 20
AMH: 20 AMH: 20 AMH: 20
AMH: 20
AMH: 20 AMH: 20
AMH: 20
AMH: 20
AMH: 20
AMH: 20
AMH: 20
AMH: 20 AMH: 20
AMH: 20
AMH: 20
AMH: 20 AMH: 20
AMH: 20
AMH: 20
AMH: 20
AMH: 20
AMH: 20
AMH: 20
AMH: 20
AMH: 20
AMH: 20
AMH: 20
AMH: 20 AMH: 20
AMH: 20
AMH: 20
AMH: 20
AMH: 20
AMH: 20
AMH: 20 AMH: 20
AMH: 20
AMH: 20
AMH: 20
AMH: 20
AMH: 20
AMH: 20 AMH: 20
AMH: 20
AMH: 20
AMH: 20
AMH: 20
BMH: 3.5
BMH: 3.5
BMH: 3.5
BMH: 3.5
BMH: 3.5 BMH: 3.5 BMH: 3.5 BMH: 3.5
BMH: 3.5
BMH: 3.5 BMH: 3.5 BMH: 3.5BMH: 3.5
BMH: 3.5 BMH: 3.5 BMH: 3.5 BMH: 3.5
BMH: 3.5
BMH: 3.5
BMH: 3.5 BMH: 3.5 BMH: 3.5
BMH: 3.5
BMH: 3.5
BMH: 3.5
BMH: 3.5 BMH: 3.5 BMH: 3.5
BMH: 3.5
BMH: 3.5 BMH: 3.5
BMH: 3.5 BMH: 3.5
BMH: 3.5BMH: 3.5
BMH: 3.5BMH: 3.5 BMH: 3.5BMH: 3.5 BMH: 3.5 BMH: 3.5 BMH: 3.5BMH: 3.5 BMH: 3.5
BMH: 3.5BMH: 3.5 BMH: 3.5 BMH: 3.5BMH: 3.5 BMH: 3.5 BMH: 3.5 BMH: 3.5 BMH: 3.5 BMH: 3.5 BMH: 3.5
BMH: 3.5BMH: 3.5 BMH: 3.5 BMH: 3.5BMH: 3.5 BMH: 3.5 BMH: 3.5 BMH: 3.5 BMH: 3.5 BMH: 3.5 BMH: 3.5 BMH: 3.5
BMH: 3.5 BMH: 3.5 BMH: 3.5 BMH: 3.5 BMH: 3.5 BMH: 3.5
BMH: 3.5 BMH: 3.5 BMH: 3.5
BMH: 3.5 BMH: 3.5 BMH: 3.5 BMH: 3.5 BMH: 3.5 BMH: 3.5 BMH: 3.5 BMH: 3.5 BMH: 3.5 A
A MH: 20 MH: 20 BMH: 3.5 BMH: 3.5 BMH: 3.5 BMH: 3.5
BMH: 3.5
BMH: 3.5 BMH: 3.5 BMH: 3.5
BMH: 3.5 BMH: 3.5 BMH: 3.5BMH: 3.5 BMH: 3.5 BMH: 3.5 BMH: 3.5 BMH: 3.5 BMH: 3.5 BMH: 3.5 BMH: 3.5BMH: 3.5BMH: 3.5 BMH: 3.5 BMH: 3.5 BMH: 3.5 BMH: 3.5 BMH: 3.5 BMH: 3.5 BMH: 3.5 BMH: 3.5 BMH: 3.5 BMH: 3.5
BMH: 3.5 BMH: 3.5
BMH: 3.5
BMH: 3.5 BMH: 3.5 BMH: 3.5BMH: 3.5 BMH: 3.5
BMH: 3.5 BMH: 3.5 BMH: 3.5 BMH: 3.5
BMH: 3.5 BMH: 3.5 BMH: 3.5 BMH: 3.5 BMH: 3.5 BMH: 3.5 BMH: 3.5 BMH: 3.5 BMH: 3.5 BMH: 3.5 BMH: 3.5 BMH: 3.5 BMH: 3.5 BMH: 3.5 BMH: 3.5 BMH: 3.5 BMH: 3.5 BMH: 3.5 BMH: 3.5 BMH: 3.5BMH: 3.5
BMH: 3.5BMH: 3.5BMH: 3.5
BMH: 3.5 BMH: 3.5 BMH: 3.5 BMH: 3.5
BMH: 3.5
BMH: 3.5
BMH: 3.5
BMH: 3.5
BMH: 3.5 BMH: 3.5 BMH: 3.5
BMH: 3.5 BMH: 3.5 BMH: 3.5
BMH: 3.5 BMH: 3.5
BMH: 3.5 BMH: 3.5
BMH: 3.5 BMH: 3.5 BMH: 3.5BMH: 3.5
BMH: 3.5
BMH: 3.5
BMH: 3.5
BMH: 3.5BMH: 3.5 BMH: 3.5 BMH: 3.5 BMH: 3.5
BMH: 3.5 BMH: 3.5 BMH: 3.5 BMH: 3.5
BMH: 3.5BMH: 3.5 BMH: 3.5BMH: 3.5 BMH: 3.5 BMH: 3.5 BMH: 3.5 BMH: 3.5 BMH: 3.5 BMH: 3.5 BMH: 3.5 BMH: 3.5 B B MH: 3.5 MH: 3.5 BMH: 3.5BMH: 3.5
BMH: 3.5 BMH: 3.5 BMH: 3.5BMH: 3.5 F1MH: 6 F1MH: 6 F1MH: 6 F1MH: 6 F1MH: 6 F1MH: 6 F1MH: 6 F1MH: 6 F1MH: 6 F1MH: 6 F1MH: 6 F1MH: 6 F1MH: 6 F1MH: 6 F1MH: 6 F1MH: 6 F1MH: 6 F1MH: 6 F1MH: 6F1MH: 6 F1MH: 6 F1MH: 6 F1MH: 6 F1MH: 6 F1MH: 6 F1MH: 6 F1MH: 6 F1MH: 6 F1MH: 6 F1MH: 6 F1MH: 6 F1MH: 6 F1MH: 6 F1MH: 6 F1MH: 6 F1MH: 6 F1MH: 6 F1MH: 6 F1MH: 6 F1MH: 6 F1MH: 6 F1MH: 6 F1MH: 6 F1MH: 6 F1MH: 6 F1MH: 6 F1MH: 6F1MH: 6 F1MH: 6F1MH: 6 F1MH: 6 F1MH: 6 F1MH: 6 F1MH: 6 F1MH: 6 F1MH: 6 F1 F1 MH: 6 F1 MH: 6 F1 MH: 6 MH: 6 F1MH: 6 BMH: 3.5
BMH: 3.5 BMH: 3.5 BMH: 3.5
BMH: 3.5
BMH: 3.5
B
B MH: 3.5 MH: 3.5BMH: 3.5 BMH: 3.5 BMH: 3.5 BMH: 3.5 BMH: 3.5 BMH: 3.5BMH: 3.5 BMH: 3.5 BMH: 3.5 BMH: 3.5
BMH: 3.5
BMH: 3.5 BMH: 3.5 BMH: 3.5BMH: 3.5 BMH: 3.5 BMH: 3.5
B
B MH: 3.5 MH: 3.5
BMH: 3.5 BMH: 3.5
BMH: 3.5 BMH: 3.5
B
B MH: 3.5 MH: 3.5 BMH: 3.5 BMH: 3.5
BMH: 3.5
BMH: 3.5 BMH: 3.5 BMH: 3.5
BMH: 3.5 BMH: 3.5 BMH: 3.5
BMH: 3.5 BMH: 3.5 BMH: 3.5BMH: 3.5
BMH: 3.5
BMH: 3.5 BMH: 3.5 BMH: 3.5 BMH: 3.5
BMH: 3.5
BMH: 3.5 BMH: 3.5
BMH: 3.5
BMH: 3.5 BMH: 3.5 BMH: 3.5 F1MH: 6 BMH: 3.5 BMH: 3.5 BMH: 3.5 BMH: 3.5 BMH: 3.5
B B MH: 3.5 MH: 3.5
BMH: 3.5 BMH: 3.5BMH: 3.5
BMH: 3.5
BMH: 3.5
BMH: 3.5
B
B MH: 3.5 MH: 3.5
BMH: 3.5 BMH: 3.5
BMH: 3.5
BMH: 3.5
B
B MH: 3.5 MH: 3.5
BMH: 3.5 B B MH: 3.5 MH: 3
BMH: 3.5
BMH: 3.5
BMH: 3.5
BMH: 3.5BMH: 3.5 F1MH: 6
BMH: 3.5 BMH: 3.5
BMH: 3.5BMH: 3.5 BMH: 3.5
BMH: 3.5 BMH: 3.5 BMH: 3.5
BMH: 3.5 BMH: 3.5 BMH: 3.5 BMH: 3.5 0.3 13.9 10.2 3.9 1.7 0.9 0.3 1.8 3.0 2.0 7.8 14.5 10.3 5.2 1.2 0.5 0.9 5.5 9.3 5.0 4.1 2.4 0.4 16.2 4.7 2.0 3.9 11.6 8.5 12.4 6.7 2.8 7.3 10.3 12.0 9.1 0.3 9.3 13.0 5.2 1.5 2.0 9.0 4.1 8.5 2.8 1.1 1.0 0.8 0.5 0.5 0.4 0.6 0.7 0.6 12.2 7.8 0.6 1.8 1.4 13.0 9.2 10.0 3.6 8.0 11.1 8.6 4.0 2.0 2.7 1.9 0.7 0.3 7.3 14.4 2.7 1.4 3.4 10.6 12.7 1.5 11.7 3.9 13.5 8.9 11.3 5.7 2.9 5.3 1.2 0.9 12.5 5.0 11.7 13.8 3.2 2.5 1.5 1.7 2.7 3.0 3.3 9.5 7.2 13.9 0.3 13.0 4.0 12.5 2.5 11.3 1.1 2.4 6.5 6.5 12.4 0.6 5.9 6.7 0.4 0.3 0.4 1.5 15.2 1.6 3.2 1.7 0.2 0.2 0.3 2.2 5.7 8.8 0.7 0.2 0.2 0.3 3.2 3.5 1.0 12.6 1.8 0.7 0.4 1.5 14.3 4.3 8.3 19.7 10.0 10.8 6.6 9.5 0.4 10.6 2.5 8.2 15.6 3.2 1.4 2.2 2.7 3.5 7.5 1.6 7.4 2.1 14.6 1.6 13.3 7.4 5.8 8.2 10.3 1.1 13.9 2.8 2.5 0.9 4.1 3.8 0.8 0.8 5.3 9.0 1.6 16.1 0.2 7.2 3.4 0.3 15.0 2.5 2.7 14.4 6.6 1.7 7.1 7.8 2.9 8.2 1.4 3.6 0.3 11.0 4.4 8.4 3.0 14.4 2.5 17.1 8.6 1.1 9.4 6.7 0.4 7.6 3.6 3.3 0.6 1.3 8.3 7.4 5.7 0.5 6.3 7.2 1.1 0.5 1.4 5.1 3.1 4.4 8.9 7.9 11.4 4.4 0.4 0.2 0.3 1.7 8.0 9.8 9.6 13.0 9.1 13.2 0.3 10.2 3.8 2.4 10.8 2.6 1.5 0.7 0.5 0.3 0.3 0.3 0.3 0.4 0.8 1.6 1.8 1.7 4.2 7.9 7.3 7.9 6.3 0.8 1.2 3.9 2.7 3.5 5.9 5.6 2.7 1.0 0.4 0.3 10.9 4.3 5.8 9.6 16.1 3.7 14.0 0.4 6.6 10.7 3.1 2.9 0.8 8.7 0.2 16.5 9.1 6.0 0.7 0.3 0.3 0.6 9.7 14.5 6.0 3.2 4.3 5.3 4.8 7.9 11.3 0.4 17.1 5.5 11.8 1.7 5.7 3.9 11.7 8.4 9.0 9.7 2.7 8.7 11.9 5.6 4.1 9.5 5.3 3.6 5.8 7.2 6.2 7.7 9.8 0.8 3.6 0.2 0.3 0.7 3.6 4.2 0.4 0.2 9.5 11.3 2.9 0.5 4.9 12.0 10.9 8.5 8.7 4.8 12.8 7.8 4.5 2.9 10.3 9.4 8.7 9.7 2.6 6.7 9.4 3.0 6.3 4.9 9.2 1.2 7.6 11.0 3.9 3.9 1.6 9.7 4.2 12.5 6.1 0.6 2.4 6.9 4.5 7.7 2.9 1.1 3.8 11.8 8.4 3.1 12.0 10.7 2.6 2.2 7.7 6.6 1.5 4.1 9.0 5.8 13.1 2.4 6.4 4.9 9.4 4.1 4.4 7.6 12.9 7.7 8.4 2.2 9.7 9.8 7.9 7.6 1.8 1.7 12.3 6.6 1.2 3.7 8.9 9.5 8.7 1.9 2.2 2.1 6.4 11.8 4.7 4.3 5.8 5.2 10.5 2.3 3.1 5.3 13.4 6.0 4.0 11.8 3.5 3.5 7.0 12.5 6.9 8.0 11.5 9.3 1.9 5.2 1.9 6.3 12.4 5.1 4.3 2.1 2.6 2.5 12.1 3.5 10.0 5.1 3.9 9.5 1.1 0.7 2.2 8.6 7.0 1.2 10.3 2.6 8.7 8.8 2.0 7.2 10.4 4.5 2.8 7.4 2.1 2.9 10.1 8.9 10.6 2.6 3.8 3.6 1.7 7.9 11.7 3.4 4.7 12.3 4.2 2.7 5.8 10.8 5.6 10.0 4.6 4.9 2.9 11.6 5.6 4.9 4.4 7.1 13.0 4.9 1.4 7.4 6.9 10.1 4.1 5.6 9.2 3.8 4.7 11.6 9.6 2.0 2.8 7.9 5.3 2.3 0.9 4.9 8.6 9.5 6.9 2.1 0.6 1.0 5.8 12.1 4.1 12.0 12.1 3.7 4.5 0.2 4.4 12.6 0.1 0.1 8.1 5.5 0.0 1.8 8.7 11.2 3.0 5.5 3.5 12.1 8.1 4.7 12.5 4.2 3.9 2.6 5.8 4.0 8.8 4.4 7.4 12.6 4.3 9.8 7.8 3.7 4.5 10.1 12.1 9.0 14.3 3.7 0.7 2.4 8.6 11.0 3.3 8.9 0.8 0.4 2.7 15.1 8.6 10.2 0.3 0.4 16.1 5.0 0.4 0.5 10.1 0.4 4.0 11.1 9.8 1.7 0.2 1.6 3.5 4.4 0.5 0.3 1.7 12.5 2.3 2.5 3.8 11.9 7.6 8.7 0.3 0.2 17.0 2.2 0.3 0.8 4.2 2.5 12.5 3.7 9.0 0.5 4.4 0.3 8.7 0.3 0.2 0.3 2.9 1.3 2.4 0.6 7.8 14.0 7.5 3.2 4.4 10.4 4.5 4.2 0.3 0.3 1.5 14.3 5.8 14.6 1.8 2.8 3.1 1.5 2.3 7.5 7.6 1.2 0.7 1.7 6.1 9.5 6.7 1.2 0.3 0.4 8.7 6.6 4.9 10.5 8.9 5.9 0.9 1.5 1.1 0.6 0.4 1.9 12.1 0.2 3.5 2.3 0.3 1.8 15.7 5.8 18.7 5.2 0.8 5.1 8.4 0.5 1.5 4.4 6.4 3.8 0.7 1.4 9.0 9.6 17.9 3.3 0.4 2.4 3.7 13.0 2.9 2.5 0.5 5.4 0.9 11.2 7.1 10.4 2.4 10.5 1.8 0.8 2.0 4.7 14.9 4.0 1.7 0.4 5.4 13.0 6.3 16.3 11.8 1.2 8.3 0.3 11.0 6.6 2.4 4.1 2.4 8.1 6.4 13.9 11.8 0.5 0.5 12.2 8.2 2.4 8.9 0.4 3.5 2.2 14.8 1.6 16.0 8.6 8.3 2.2 4.8 5.0 3.6 0.5 0.9 7.2 13.7 2.5 1.6 13.9 10.7 9.8 6.0 0.3 13.7 6.5 2.5 4.4 14.4 0.5 4.6 0.8 1.7 17.9 0.5 3.0 0.5 3.3 16.1 11.0 11.2 2.6 1.4 3.9 15.3 10.3 12.6 13.4 6.2 13.5 4.1 0.6 2.8 10.7 12.0 16.3 1.7 0.4 1.3 3.5 1.7 7.9 8.2 0.3 15.9 5.1 3.3 6.2 15.1 6.3 10.4 8.4 0.5 1.7 12.3 4.2 6.2 13.6 12.4 4.4 1.0 0.2 0.3 0.3 0.4 5.7 0.4 2.3 5.9 13.0 15.9 7.3 17.7 2.7 12.0 7.0 3.5 0.5 0.5 10.2 0.4 2.0 0.5 1.2 0.6 0.4 0.2 0.2 0.2 0.5 2.1 14.8 3.1 0.6 12.9 5.4 3.4 7.0 7.3 14.9 9.9 1.9 0.8 0.3 0.4 2.8 14.6 2.2 0.6 0.4 0.3 0.3 1.5 6.6 5.8 6.6 3.1 1.5 3.0 11.4 2.1 13.3 14.6 4.4 3.0 1.8 0.5 0.3 0.3 0.4 4.0 5.4 16.6 8.9 4.8 0.6 0.6 9.7 13.0 4.8 7.4 2.5 3.8 5.8 5.0 13.2 6.1 7.8 1.0 0.4 0.2 0.2 0.2 0.5 8.3 15.0 0.4 15.5 4.9 2.4 6.3 9.6 6.4 6.8 1.6 9.9 8.0 2.1 1.4 2.2 2.0 0.8 0.5 0.4 5.9 3.5 1.8 4.8 16.5 1.7 13.1 5.8 13.8 4.2 10.1 7.0 11.7 10.0 2.7 3.3 1.5 7.6 1.9 9.4 0.7 11.7 6.6 0.6 5.8 9.2 3.4 0.3 3.8 10.5 10.8 11.3 7.1 13.9 0.7 1.1 4.4 4.0 0.3 0.5 0.1 1.0 1.2 2.3 2.0 1.3 1.2 1.5 1.8 1.9 1.8 1.8 1.7 2.9 3.6 3.5 2.9 3.3 2.7 2.2 1.7 2.1 1.7 1.2 1.0 1.2 1.6 2.1 2.5 2.7 2.5 2.3 2.3 2.3 2.3 2.5 4.3 5.5 5.4 5.4 4.8 4.9 3.5 2.8 2.1 1.4 1.1 1.1 3.6 4.4 3.5 2.9 2.3 1.6 1.4 1.6 2.1 2.7 3.1 3.4 3.3 3.0 3.1 3.0 3.0 3.2 3.0 2.5 4.2 4.9 4.7 4.8 4.5 4.1 4.0 3.4 2.7 2.2 1.6 1.3 1.5 2.1 2.5 5.6 5.7 4.9 5.0 3.9 3.2 2.7 2.1 1.8 2.1 2.7 3.3 3.6 3.9 3.9 3.7 3.8 3.7 3.6 3.6 3.3 2.9 2.4 2.9 3.6 3.9 3.7 3.8 3.6 3.3 3.3 3.1 2.6 2.1 1.6 1.5 1.8 2.5 3.1 4.1 5.3 5.0 3.7 5.2 5.3 5.3 5.1 4.4 4.1 3.8 3.4 3.1 2.6 2.4 2.7 3.4 4.0 4.3 4.8 5.1 4.8 5.0 4.7 4.6 4.7 3.8 3.1 2.7 2.4 2.5 2.7 3.2 3.4 3.2 3.0 3.0 2.8 2.8 2.8 2.4 2.0 1.6 1.6 2.0 2.7 3.2 4.1 4.9 5.2 5.5 5.8 5.1 2.0 2.6 3.3 4.4 5.2 4.8 4.6 4.4 4.0 3.9 4.0 3.8 3.4 3.1 3.1 3.4 4.0 4.4 4.7 5.3 5.8 5.6 5.7 5.8 5.1 4.9 3.7 3.0 2.7 2.6 2.9 3.3 4.1 4.9 1.9 2.5 3.0 3.0 2.6 2.5 2.3 2.3 2.3 2.3 2.0 1.7 1.5 1.6 2.1 2.7 3.3 3.9 4.2 4.6 5.3 5.1 5.2 5.3 3.8 2.6 2.5 2.7 2.7 3.0 3.6 4.0 4.5 4.3 4.0 4.0 3.9 3.7 3.9 4.0 3.8 3.5 3.3 3.7 4.1 4.0 3.7 3.3 3.0 3.3 3.8 3.5 2.6 1.9 1.6 1.7 2.1 2.5 2.9 3.3 4.2 4.8 4.9 5.5 5.6 1.7 2.3 2.6 2.6 2.4 2.1 1.9 1.8 1.6 1.5 1.4 1.3 1.3 1.5 2.0 2.6 3.3 3.8 4.1 4.4 4.6 4.5 4.6 4.6 3.8 3.1 2.2 1.4 3.5 4.2 4.7 3.8 3.4 3.1 3.1 3.7 4.0 4.4 4.3 3.8 3.7 3.8 4.0 4.1 3.8 3.7 3.7 3.6 3.8 3.9 3.5 3.0 2.6 2.3 2.4 2.6 2.4 1.7 1.2 1.0 1.1 1.5 2.2 2.8 3.4 3.7 3.8 4.2 4.9 5.1 5.0 4.4 2.6 1.0 1.5 2.0 2.3 2.3 2.1 1.8 1.6 1.4 1.1 1.0 1.0 1.0 1.0 1.3 1.7 2.3 3.0 3.5 4.0 4.5 4.6 4.5 4.5 4.2 3.6 3.1 2.2 1.6 1.4 1.7 2.1 5.1 5.6 5.6 5.1 5.1 4.2 3.7 3.5 3.4 3.7 4.3 4.5 4.2 3.7 3.6 3.6 3.8 4.0 3.9 3.7 3.9 4.1 4.1 4.5 4.2 3.3 2.6 2.0 1.7 1.5 1.2 1.0 1.2 1.6 2.3 2.9 3.4 3.5 3.3 3.5 4.0 4.1 4.8 4.8 3.8 3.2 2.6 1.5 2.0 2.3 2.4 2.2 2.0 1.7 1.3 1.0 1.4 1.9 2.5 3.3 4.0 4.5 4.7 4.6 4.8 4.4 3.8 3.1 2.3 1.9 1.9 2.2 2.7 3.2 4.0 4.1 5.2 5.1 5.2 5.0 4.4 4.4 4.3 3.9 3.9 3.9 4.1 4.5 4.5 4.1 3.4 3.2 3.3 3.6 3.9 4.0 4.0 4.6 5.0 5.0 5.2 4.7 2.8 1.0 1.3 1.7 2.3 2.9 3.4 3.4 3.0 3.1 3.2 3.6 4.0 4.1 3.8 3.7 3.3 2.9 2.4 1.5 2.2 2.6 2.7 2.7 2.5 2.1 1.5 1.1 1.6 2.3 3.1 3.7 4.3 4.7 4.6 4.6 4.3 4.1 3.4 2.8 2.4 2.3 2.6 3.0 3.4 4.4 5.0 5.2 5.6 4.8 4.4 4.5 4.4 4.1 4.3 4.6 4.4 4.3 4.1 4.2 4.6 4.3 3.9 3.3 2.9 3.1 3.4 3.7 4.4 4.8 5.1 5.4 5.9 3.6 2.0 2.5 3.0 3.5 3.7 2.9 2.4 2.7 3.2 3.7 3.7 3.8 3.8 3.5 3.4 3.0 2.4 2.2 2.1 1.9 1.1 1.6 2.4 2.9 3.1 3.0 3.0 2.5 1.6 1.4 2.3 3.2 3.8 4.5 4.5 4.4 4.5 4.3 4.0 3.6 3.3 2.9 2.7 2.8 3.0 3.4 3.8 4.0 4.6 5.1 5.5 4.7 3.3 3.3 3.8 3.9 3.8 4.2 4.2 4.3 4.6 4.5 4.4 4.3 4.3 4.4 4.2 3.8 3.3 2.8 2.8 3.2 3.6 4.6 5.2 4.9 2.7 3.1 3.6 3.8 2.7 2.1 2.5 2.9 3.4 3.5 3.7 3.8 3.6 3.7 3.5 3.0 2.9 2.6 1.1 1.4 2.0 2.5 3.1 3.4 3.8 3.8 2.7 2.0 2.9 4.1 5.3 5.0 4.7 4.8 4.3 4.2 4.0 3.6 3.1 2.8 2.8 3.0 3.3 3.3 3.3 3.8 4.4 4.6 5.2 5.0 3.5 2.7 2.1 1.4 2.5 2.9 3.5 3.6 3.5 3.8 4.2 4.5 4.5 4.4 4.5 4.5 4.5 4.7 4.7 3.9 3.2 2.6 2.4 2.6 2.8 2.9 3.3 4.0 4.7 2.4 3.0 3.1 3.4 3.7 3.8 4.2 3.9 3.7 3.5 3.1 1.2 1.4 1.7 2.3 2.6 3.2 3.7 4.6 5.0 3.0 4.9 5.3 5.4 5.3 4.7 4.4 4.0 3.4 3.1 2.7 2.5 2.6 2.6 2.6 2.8 3.2 3.3 3.7 4.3 4.3 4.0 3.6 3.0 2.3 1.7 1.5 1.3 1.2 1.1 1.1 1.5 2.1 2.6 3.0 3.1 3.2 3.5 3.8 4.2 4.3 4.3 4.6 5.2 5.2 5.3 5.3 3.7 2.4 1.8 1.6 3.1 3.5 4.3 5.5 2.9 3.3 4.1 5.2 4.8 4.7 4.6 3.9 1.8 1.9 2.0 2.2 2.6 3.1 3.5 4.1 4.9 4.4 5.5 6.0 5.1 5.3 4.2 2.3 2.0 1.9 2.0 2.2 2.2 2.5 2.8 3.4 3.8 3.8 4.0 3.9 3.5 3.0 2.5 2.2 2.0 1.9 1.9 2.0 2.2 2.2 1.7 1.1 1.2 1.5 1.2 1.7 2.2 2.4 2.5 2.6 3.0 3.4 3.7 4.3 4.7 5.1 5.5 6.0 5.1 3.1 1.6 2.7 3.4 4.0 5.0 2.6 3.9 5.1 5.5 5.2 2.0 2.7 2.7 2.7 3.0 3.0 3.4 4.0 5.0 5.6 4.7 1.2 1.2 1.4 1.7 2.1 2.4 2.9 3.4 3.6 3.9 3.8 3.7 3.5 2.9 2.7 2.5 2.4 2.7 3.0 3.3 3.5 3.4 3.5 3.1 2.7 1.2 1.5 1.8 2.0 2.0 2.0 2.5 3.1 3.5 4.3 5.4 5.2 5.7 4.1 2.9 3.1 3.9 4.9 5.7 3.7 4.4 3.5 3.6 3.6 3.7 3.8 3.8 3.9 4.3 5.2 5.7 1.1 1.4 1.8 2.4 2.9 3.3 3.7 3.8 3.9 3.8 3.4 3.3 3.2 3.1 3.4 3.7 3.9 4.2 4.2 5.0 5.4 5.4 1.3 1.6 1.8 1.9 1.8 1.8 2.1 2.6 3.0 3.4 3.5 2.4 3.1 3.8 4.9 5.6 3.8 5.2 4.4 4.1 4.3 4.5 4.4 4.3 4.8 5.1 1.2 1.7 2.3 2.9 3.4 3.8 4.5 4.6 4.1 4.3 4.0 3.8 4.0 4.1 4.2 4.3 4.2 4.5 4.6 4.8 1.1 1.6 2.0 2.2 2.2 2.1 1.9 1.9 2.0 1.9 1.4 2.9 3.5 4.3 4.9 5.3 5.1 4.5 4.4 4.6 4.5 4.3 4.3 5.1 4.9 1.1 1.6 2.2 2.7 3.4 4.8 5.2 5.1 5.1 4.9 4.8 4.8 4.3 4.3 4.2 4.0 3.9 3.7 3.8 4.2 4.1 1.3 1.9 2.4 2.6 2.7 2.6 2.4 1.8 1.2 3.5 4.2 5.3 4.0 5.7 5.4 4.6 4.1 4.1 4.1 3.9 3.8 3.7 3.8 1.1 1.4 2.2 2.9 5.0 5.4 5.8 5.3 5.3 4.3 4.1 3.9 3.7 3.3 3.1 3.2 3.3 3.5 3.4 2.9 1.4 2.3 2.8 3.1 3.1 3.1 2.6 1.5 3.5 3.8 4.3 3.7 5.8 5.3 4.3 3.7 3.3 3.3 3.1 3.0 2.9 2.7 1.8 2.8 3.2 3.0 2.5 3.0 3.1 3.3 3.2 2.9 2.6 2.4 2.4 2.6 2.8 3.1 3.0 2.6 2.2 1.5 1.1 1.1 1.7 2.3 3.0 3.4 3.9 4.0 2.7 3.1 3.3 3.6 3.4 2.4 5.2 5.4 4.6 4.0 3.5 2.9 2.6 2.2 2.0 2.0 1.4 1.0 1.1 1.7 1.9 1.8 1.8 1.8 1.9 2.1 2.2 2.5 2.6 2.3 1.9 1.5 1.2 1.2 1.1 1.2 1.9 2.4 3.0 3.6 4.5 5.0 2.4 2.7 3.1 3.4 3.4 3.0 5.5 5.1 4.5 3.9 3.3 2.7 2.1 1.7 1.4 1.2 1.0 1.1 1.2 1.4 1.6 1.9 2.0 1.8 1.6 1.5 1.5 1.6 1.7 1.6 1.0 1.5 2.1 2.7 3.2 3.9 4.8 4.6 2.5 3.0 3.3 3.1 3.6 4.6 4.9 4.8 4.3 3.6 2.7 1.9 1.4 1.0 1.7 1.5 1.4 1.5 1.6 1.9 2.2 2.3 2.2 1.8 1.2 1.8 2.3 2.9 3.6 4.7 5.2 4.4 2.0 2.6 3.2 3.4 3.3 3.3 4.2 4.7 5.1 4.7 4.0 2.9 2.1 1.3 1.6 1.2 1.5 1.9 2.4 2.6 2.9 2.8 2.3 1.9 1.5 2.2 2.6 3.1 3.7 4.8 5.7 1.7 2.5 3.0 3.5 3.9 2.0 2.9 4.0 4.7 5.0 4.7 4.1 3.3 2.3 1.2 1.1 1.6 2.3 2.9 3.1 3.4 3.2 2.6 2.2 1.9 1.2 1.8 2.5 3.0 3.4 4.1 4.8 4.2 1.7 2.4 2.8 3.4 4.0 4.8 1.2 1.8 2.6 3.5 4.3 4.8 4.9 4.6 3.5 1.9 2.1 3.1 4.1 4.1 3.5 3.1 2.8 2.3 2.1 1.3 1.8 2.4 2.8 3.3 4.2 4.8 1.7 2.3 2.9 3.5 4.4 5.2 1.2 1.7 2.5 3.1 3.8 4.4 5.1 5.5 3.6 1.0 2.5 4.7 4.8 4.2 3.9 3.3 2.9 2.6 2.3 1.3 1.7 2.2 2.5 2.9 3.3 3.1 1.9 2.5 3.1 3.7 4.9 5.3 1.0 1.5 2.0 2.5 3.2 3.8 4.4 5.2 5.3 2.4 1.0 2.5 5.2 5.1 4.8 3.9 3.4 3.2 2.9 2.2 1.6 1.1 1.3 1.5 1.8 2.1 2.4 2.5 1.8 1.6 2.3 2.7 3.3 3.9 4.8 5.7 3.2 1.5 1.9 2.4 2.7 3.3 4.0 5.1 5.6 4.7 2.1 3.4 5.2 5.3 4.6 4.1 3.4 2.8 2.3 1.7 1.1 1.1 1.3 1.5 1.5 1.6 1.6 1.8 1.8 2.0 2.8 3.4 3.9 4.3 5.1 4.7 2.0 2.3 2.6 3.0 3.3 3.6 4.2 5.2 5.7 3.7 2.3 3.5 4.0 5.1 4.7 3.5 2.8 2.2 1.6 1.0 1.1 1.4 1.5 1.8 1.9 1.8 1.6 1.4 1.3 1.1 2.0 2.7 3.4 4.1 4.4 4.6 5.0 4.0 3.0 3.2 3.4 3.7 3.9 4.1 4.8 5.2 4.2 2.9 1.8 2.8 3.6 3.2 2.8 2.0 1.4 1.6 2.3 2.1 1.7 1.3 2.0 2.4 2.4 2.3 2.0 1.6 1.2 2.4 3.2 3.9 4.5 4.7 4.5 3.9 2.5 3.4 3.7 3.8 4.0 3.9 3.9 4.3 5.2 4.6 2.3 1.8 1.7 2.4 2.4 1.7 1.3 1.1 2.6 3.1 2.9 2.6 2.1 1.7 1.3 1.9 2.4 2.9 2.9 2.8 2.6 2.0 1.4 2.7 3.4 4.0 4.5 4.9 4.3 2.9 1.8 4.9 4.3 4.0 4.1 4.1 4.0 3.9 4.0 2.6 1.2 1.6 1.8 1.8 1.7 2.3 4.4 4.0 3.4 3.2 2.9 2.4 1.9 1.8 2.2 2.6 3.2 3.5 3.4 3.0 2.4 1.5 1.8 2.8 3.6 4.1 4.8 5.2 3.7 2.0 5.1 5.3 4.5 4.3 4.2 3.9 3.7 3.4 2.8 1.2 2.3 2.9 4.6 5.4 4.6 4.0 3.9 3.7 3.2 2.7 2.1 1.6 1.9 2.3 2.7 3.0 3.5 4.1 4.6 3.5 2.7 1.9 2.6 3.3 4.0 5.0 5.8 3.1 1.6 5.4 4.7 4.3 4.2 3.9 3.5 3.0 2.7 1.9 7.0 4.3 4.1 4.2 4.3 3.8 3.3 2.9 2.3 1.9 1.4 2.1 2.5 2.8 3.2 3.7 4.2 4.7 4.9 2.6 1.9 2.4 3.1 3.8 4.8 5.4 2.8 1.7 5.7 5.3 4.7 4.1 3.9 3.7 3.1 2.4 1.9 1.3 5.6 5.6 5.3 4.2 4.1 4.3 4.4 4.2 3.7 3.5 3.2 2.7 2.0 1.4 1.6 2.3 2.9 3.3 3.5 3.7 4.5 5.1 5.6 3.2 2.0 1.9 2.5 3.2 4.1 5.0 5.9 3.3 2.1 4.2 5.2 4.9 4.4 4.4 4.1 3.8 3.0 2.2 1.6 1.1 5.6 5.2 4.7 4.2 4.2 4.3 4.3 4.3 4.3 4.2 3.9 3.1 2.2 1.8 1.5 1.1 1.4 2.1 3.0 3.6 4.0 4.1 4.3 5.0 5.7 4.4 2.9 2.1 2.5 3.1 4.1 5.0 5.2 5.1 4.5 4.4 4.4 4.3 4.0 3.4 2.6 1.9 1.3 4.1 5.4 4.7 4.3 4.2 4.2 4.2 4.2 4.4 5.1 5.7 4.4 2.8 2.5 2.5 2.2 1.8 1.5 1.2 1.1 1.4 1.9 2.6 3.5 4.1 4.3 4.7 5.4 5.3 4.1 3.1 1.6 2.2 2.8 3.3 3.9 2.8 4.4 4.6 4.6 4.7 4.7 4.5 4.2 3.5 2.8 2.4 1.8 2.2 4.4 5.0 4.5 4.5 4.5 4.4 4.4 4.5 6.1 6.5 3.8 3.0 3.0 3.2 2.7 2.4 2.2 1.9 1.7 1.5 1.4 1.3 1.1 1.3 1.5 1.9 2.4 3.1 3.9 4.4 4.7 4.7 5.1 3.8 2.1 1.8 2.5 3.1 3.5 4.2 2.6 3.3 3.8 4.5 5.0 5.0 4.7 4.3 3.8 3.1 2.7 2.3 2.1 2.8 3.8 4.2 4.6 4.9 4.7 4.6 4.3 5.0 5.9 7.2 3.9 3.5 3.6 3.6 3.3 2.9 2.7 2.5 2.5 2.4 2.3 2.1 1.7 1.4 1.3 1.2 1.1 1.1 1.2 1.4 1.5 1.6 1.7 1.9 2.2 2.4 2.7 3.3 4.1 4.4 4.7 4.6 3.6 1.8 1.8 2.4 2.9 3.1 3.6 1.4 2.1 2.6 3.0 3.8 4.5 5.0 5.5 4.9 4.1 3.7 3.3 2.8 2.6 2.4 2.0 2.3 3.1 3.7 4.1 4.5 5.0 5.1 4.7 4.5 5.0 5.9 9.3 7.7 4.7 4.1 4.6 4.4 3.8 3.6 3.3 3.1 3.2 3.4 3.3 3.1 2.6 2.2 1.9 1.7 1.7 1.7 1.9 2.1 2.3 2.4 2.6 2.6 2.6 2.9 3.2 3.5 4.1 4.4 4.4 4.1 2.8 1.8 2.3 2.6 2.9 3.1 1.7 2.1 2.3 2.8 3.9 5.6 5.3 5.0 4.6 3.8 3.4 3.2 2.9 2.4 1.8 1.4 1.0 2.9 3.1 3.4 3.8 4.3 4.6 4.8 4.7 5.0 5.3 5.6 4.1 5.5 5.2 4.8 4.6 4.0 3.7 3.9 4.2 4.1 3.9 3.4 2.8 2.5 2.3 2.4 2.5 2.7 2.9 3.0 3.1 3.2 3.2 3.2 3.4 3.7 4.0 4.6 5.1 4.3 1.9 2.2 2.4 2.5 1.5 1.5 1.8 2.8 5.1 5.7 5.1 4.5 4.0 3.5 2.9 2.4 1.9 1.5 1.4 1.5 1.6 1.6 1.5 1.6 2.0 3.3 3.4 3.4 3.4 3.5 3.8 4.1 4.2 4.3 4.9 5.1 2.8 5.1 5.7 5.2 4.8 4.5 4.4 4.4 4.5 4.3 4.0 3.4 3.1 3.0 2.9 3.0 3.3 3.4 3.5 3.6 3.6 3.7 3.7 4.0 4.8 5.0 5.0 5.3 2.3 2.4 2.4 2.2 1.4 2.0 3.1 4.0 5.7 4.9 4.9 3.7 2.9 2.4 1.9 1.6 1.7 2.0 2.2 2.3 2.2 2.3 2.8 3.4 3.8 4.8 6.2 4.0 3.8 3.8 3.7 3.5 3.5 3.6 3.7 3.8 3.8 2.9 5.9 5.2 5.5 4.8 4.6 4.7 4.4 4.3 3.9 3.6 3.6 3.4 3.6 3.7 3.6 3.8 3.8 3.6 4.0 4.6 4.8 5.3 5.7 6.8 2.1 2.9 2.9 2.7 2.4 2.2 2.6 2.4 2.8 4.0 3.3 2.8 2.2 1.8 1.7 2.1 2.5 2.8 3.0 2.9 3.2 3.6 3.9 4.4 5.3 5.5 6.0 5.4 4.6 4.2 4.3 4.1 3.8 3.5 3.3 3.2 3.2 2.8 4.3 4.5 4.6 4.6 5.0 4.7 4.5 4.7 4.2 4.2 4.1 3.7 3.7 3.7 3.6 4.0 5.1 4.8 5.0 5.4 2.9 3.6 3.2 2.9 2.6 1.2 2.0 2.2 1.8 1.7 1.9 2.5 2.9 3.3 3.6 3.5 3.7 4.2 4.6 4.9 5.0 5.1 5.5 5.6 5.7 7.6 5.0 4.4 4.4 4.6 4.5 4.1 3.7 3.0 2.7 2.3 4.0 4.3 5.4 5.1 5.4 5.2 5.0 5.2 4.7 3.7 3.6 3.4 3.7 6.1 5.2 4.3 4.7 3.7 3.3 2.8 2.1 1.3 1.5 2.1 2.8 3.3 3.9 4.0 4.0 4.3 4.7 5.0 5.3 5.2 4.9 5.0 5.1 5.1 5.5 4.4 5.7 5.4 4.8 4.2 4.2 4.5 4.6 4.2 3.8 2.5 2.9 4.0 4.5 4.9 4.7 3.7 3.2 2.6 2.0 1.8 2.6 3.8 5.0 4.8 4.7 4.9 4.9 5.2 5.3 5.1 4.8 4.6 4.3 4.3 4.4 3.9 3.3 2.5 1.7 5.7 5.1 4.6 4.2 4.2 4.4 4.4 4.3 4.1 3.8 3.0 5.6 4.5 3.5 2.9 2.3 1.8 2.8 4.8 5.3 5.5 5.6 5.1 5.0 5.1 4.8 4.4 4.1 3.8 4.0 3.9 3.6 3.2 2.5 1.9 1.8 2.2 4.4 5.2 4.5 4.2 4.2 4.2 4.1 4.2 4.4 5.0 5.1 3.5 5.3 4.7 3.5 2.8 2.1 1.5 4.2 5.8 6.0 5.5 5.3 4.6 4.1 3.9 3.6 3.4 3.6 3.7 3.6 3.2 2.6 2.1 2.2 2.8 3.3 3.9 5.1 4.5 4.9 4.4 4.3 4.3 4.3 4.2 4.3 4.6 5.2 4.6 4.7 5.0 4.1 3.2 2.6 2.0 1.4 3.8 4.6 5.1 4.1 3.6 3.1 2.8 2.8 3.1 3.4 3.6 3.3 2.9 2.6 2.7 3.2 3.6 4.1 4.9 5.1 5.4 5.6 5.7 2.7 3.6 4.0 4.3 4.6 4.5 4.3 4.2 4.8 5.2 5.8 4.4 4.9 3.8 3.2 2.5 2.0 1.3 2.4 2.9 2.8 2.4 2.1 2.1 2.7 3.3 3.5 3.5 3.4 3.2 3.4 3.6 4.0 4.3 4.4 4.4 5.1 5.2 5.1 5.5 4.6 3.3 2.5 1.6 1.1 1.8 2.5 3.2 3.6 4.1 4.7 4.6 4.4 4.2 4.8 5.5 4.1 4.4 3.7 3.2 2.6 2.0 1.2 1.7 1.6 1.5 1.8 2.4 3.1 3.5 3.8 3.8 3.5 3.7 4.1 4.5 4.8 4.5 4.3 4.4 4.3 4.3 4.5 4.2 3.7 3.0 2.1 1.5 1.3 1.3 1.4 1.9 2.7 3.4 4.2 5.5 5.4 6.2 6.1 6.1 4.4 3.1 2.0 1.6 1.6 2.0 2.6 3.2 3.8 4.3 4.6 4.5 4.6 5.1 5.7 3.1 3.3 3.1 3.0 2.5 1.8 1.1 1.5 2.3 3.1 3.5 4.0 4.0 3.9 4.2 4.3 4.5 4.7 4.6 4.3 4.1 3.8 4.0 4.1 3.9 3.8 3.2 2.5 2.0 1.8 1.8 2.0 2.5 3.3 3.9 4.4 5.0 5.1 5.4 5.8 5.9 6.4 6.2 5.3 5.4 5.1 5.2 4.9 4.7 4.8 4.6 4.4 4.3 3.9 3.4 2.7 1.9 1.4 1.4 1.6 1.9 2.5 3.1 3.6 3.9 4.1 4.8 5.4 2.6 2.8 2.7 2.5 2.2 1.6 1.3 2.2 3.0 3.9 4.8 4.6 4.5 4.5 4.4 4.5 4.6 4.5 4.1 3.7 3.4 3.5 3.9 3.9 3.9 3.6 3.1 2.7 2.5 2.5 2.8 3.3 4.0 4.4 4.6 4.5 4.3 4.6 5.1 5.3 6.0 6.1 5.8 5.8 5.3 5.1 4.8 4.3 4.4 4.2 4.0 4.0 3.7 3.3 2.6 2.0 1.4 1.3 1.4 1.6 1.9 2.4 2.9 3.4 6.1 5.7 4.1 2.0 2.2 2.2 2.0 1.7 1.3 1.5 2.3 3.8 5.4 5.2 5.2 5.3 4.7 4.5 4.3 3.8 3.5 3.1 2.9 3.0 3.4 3.8 3.9 3.9 3.5 3.1 3.0 3.0 3.2 3.8 4.5 4.6 4.7 4.3 3.9 4.0 4.5 5.1 5.8 6.2 6.0 6.0 5.6 5.4 4.9 4.5 4.3 4.0 3.7 3.7 3.7 3.4 2.9 2.2 1.7 1.5 1.4 1.4 1.6 1.8 2.2 2.7 1.5 1.9 1.9 1.8 1.7 1.4 1.1 1.4 2.6 4.6 5.8 5.8 5.1 5.2 4.3 3.5 3.1 2.5 2.1 2.2 2.8 3.4 3.6 3.8 3.8 3.6 3.6 3.7 3.7 4.2 4.6 4.5 4.4 3.8 3.4 3.5 4.1 4.9 5.7 6.3 6.1 5.8 5.5 5.1 4.7 4.6 4.4 4.0 3.6 3.4 3.5 3.4 3.2 2.7 2.2 1.9 1.6 1.6 1.6 1.7 1.9 2.2 2.6 3.8 2.0 2.0 2.0 2.3 2.1 1.9 1.7 1.3 1.0 3.5 3.7 3.8 4.6 3.8 3.1 2.6 1.9 1.6 1.7 2.3 3.0 3.5 4.0 4.4 4.2 4.6 4.7 4.3 4.6 4.6 4.2 3.8 3.2 2.9 3.0 3.8 4.7 5.3 6.0 6.0 5.6 5.4 4.9 4.6 4.6 4.1 3.6 3.2 3.0 3.3 3.4 3.4 3.2 2.7 2.4 2.2 2.1 2.0 1.9 2.0 1.9 2.0 6.9 2.2 2.7 2.8 2.5 2.6 2.9 2.6 2.3 1.9 1.5 1.0 1.4 1.9 2.1 1.9 1.4 1.2 1.3 1.8 2.6 3.3 4.2 5.3 5.0 5.2 5.3 5.2 5.5 4.7 3.8 3.2 2.5 2.2 2.4 3.2 4.1 4.9 5.9 5.9 5.7 5.6 5.0 4.6 4.4 3.8 3.5 3.1 2.9 3.2 3.4 3.6 3.6 3.1 2.9 2.6 2.5 2.5 2.5 2.3 2.0 1.8 2.7 2.0 2.5 3.0 3.8 4.9 4.0 3.3 3.7 3.4 3.0 2.6 2.2 1.7 1.3 1.8 2.2 2.7 3.4 3.9 5.1 5.3 4.5 4.0 3.4 2.7 2.3 1.9 1.7 2.0 2.6 3.4 4.4 6.1 6.0 6.1 5.9 5.5 5.3 4.9 3.8 3.3 2.9 2.8 3.2 3.5 3.9 3.9 3.6 3.4 3.2 3.1 3.1 3.0 2.6 2.1 1.8 1.7 2.1 2.6 3.0 3.8 4.7 4.9 5.0 4.1 3.4 3.0 2.4 1.7 1.0 1.0 1.2 1.6 1.8 2.4 3.4 4.1 5.9 5.8 5.8 5.0 4.5 3.4 2.9 2.6 2.7 3.1 3.7 4.8 4.8 4.4 4.4 3.9 3.6 3.5 3.1 2.7 2.2 1.8 1.7 2.1 2.5 3.1 3.4 3.7 4.2 4.8 4.0 3.3 2.8 2.2 1.5 3.1 3.3 2.7 1.9 1.7 1.7 1.8 1.7 1.7 2.0 2.9 4.5 4.9 5.3 5.1 4.8 4.5 4.1 3.2 2.7 2.1 1.6 1.6 1.9 2.3 2.8 2.9 3.0 3.5 4.1 5.8 5.0 3.9 3.1 2.5 2.1 1.3 1.6 2.8 4.3 5.3 5.2 5.1 4.3 3.2 2.6 1.9 1.4 1.3 1.5 1.8 2.2 2.3 2.5 3.0 3.1 3.5 5.7 5.0 3.9 3.1 2.4 1.9 1.2 2.1 1.5 1.1 1.0 1.1 1.2 1.4 1.8 2.1 2.3 2.6 3.2 3.4 3.1 5.2 4.5 3.6 2.9 2.3 1.7 1.1 1.2 1.4 1.9 2.3 2.7 3.0 2.8 2.7 1.6 1.3 5.2 4.4 3.5 2.9 2.3 1.7 1.3 1.7 2.2 2.5 2.6 2.4 2.3 2.2 2.1 1.8 1.4 4.3 3.9 3.4 3.0 2.3 1.6 1.1 1.6 2.0 2.3 2.5 2.6 2.7 2.6 2.4 1.9 1.2 2.6 3.4 3.3 3.1 2.9 2.4 1.6 1.5 2.1 2.7 3.0 3.0 3.1 2.9 2.3 1.7 2.5 2.9 3.0 2.9 2.7 2.2 1.7 1.6 2.6 3.4 3.7 3.5 3.2 2.5 2.1 1.5 1.7 2.2 2.6 2.8 2.8 2.6 2.3 1.8 1.9 4.0 4.9 4.1 3.4 2.9 2.4 2.0 1.5 1.4 1.9 2.3 2.6 2.9 3.0 2.9 2.6 2.2 2.9 5.0 4.7 4.0 3.4 2.9 2.3 2.0 1.5 2.2 2.5 2.9 3.2 3.5 3.5 3.4 3.3 2.8 4.3 5.4 4.8 4.0 3.2 2.9 2.6 2.1 1.6 2.9 3.3 3.6 3.9 4.2 4.1 3.9 3.8 3.2 3.2 5.2 5.2 4.5 3.8 3.5 3.2 2.7 3.7 3.8 3.8 3.9 4.5 4.6 4.6 4.6 5.0 4.2 3.2 4.8 5.2 4.5 3.7 3.2 5.5 5.1 4.5 4.5 4.8 4.6 4.6 4.6 5.3 1.8 2.4 4.7 4.3 3.7 3.5 5.0 5.3 5.3 4.6 4.5 4.6 4.6 4.4 4.7 5.3 1.0 1.2 2.6 3.7 3.9 3.7 3.2 6.7 5.3 4.6 4.4 4.4 4.6 4.5 5.3 5.5 1.0 1.6 3.2 3.9 3.7 3.3 2.8 6.2 5.4 4.7 4.6 4.5 4.5 4.5 5.0 5.8 1.7 3.0 3.7 3.6 3.6 3.1 2.4 5.7 5.0 4.5 4.6 4.6 4.6 4.5 5.1 5.2 1.3 2.7 3.8 4.1 3.7 3.2 2.5 3.1 3.3 5.5 4.9 4.6 4.6 4.8 4.7 4.4 5.1 4.8 4.5 5.0 4.0 3.3 2.9 2.5 7.2 5.0 4.7 4.6 4.7 4.6 4.2 3.9 3.9 3.4 3.2 4.9 4.7 4.0 3.4 2.8 2.5 3.7 3.9 4.0 4.3 4.1 3.8 3.5 3.2 1.1 2.2 5.3 5.2 4.8 3.8 3.2 3.0 3.0 3.3 3.4 3.5 3.5 3.4 3.1 2.7 2.5 1.2 2.3 3.5 5.6 5.0 4.3 3.8 3.7 3.5 4.9 2.8 2.6 2.8 3.0 2.9 2.8 2.4 2.1 1.7 1.8 2.6 3.2 4.9 5.2 4.3 3.8 3.8 3.8 3.3 2.0 1.0 2.6 2.7 2.8 2.7 2.5 2.1 1.7 1.3 1.7 3.0 4.7 4.1 3.9 4.1 4.1 4.0 3.7 2.1 1.5 1.8 3.9 3.0 2.9 2.6 2.2 1.6 1.1 1.1 2.8 3.6 3.9 4.0 3.9 4.3 5.2 4.7 2.8 2.6 4.2 3.2 3.1 2.8 2.3 1.5 1.6 2.9 3.4 3.5 3.7 4.1 4.7 5.0 5.9 3.8 2.9 4.7 3.8 3.4 2.9 2.3 1.5 2.0 2.7 3.1 3.4 3.6 3.7 4.5 5.1 5.7 3.1 1.8 5.3 4.1 3.4 2.8 2.3 1.5 1.9 2.4 2.7 2.9 3.2 3.8 4.6 4.9 4.8 2.6 5.1 4.3 3.4 2.8 2.2 1.6 1.6 2.1 2.3 2.8 3.2 3.6 4.2 5.0 4.1 2.0 5.8 4.8 3.7 3.0 2.3 1.7 1.4 1.9 2.2 2.7 3.2 3.7 3.9 3.6 2.9 1.9 4.8 3.7 2.9 2.4 1.9 1.0 1.3 1.9 2.3 2.9 3.3 3.2 3.3 3.1 2.7 1.6 4.8 3.8 3.3 2.7 1.0 1.3 2.0 2.5 2.8 2.9 3.0 3.0 3.1 2.7 1.8 4.0 3.3 2.9 2.3 1.4 2.0 2.3 2.5 2.7 3.0 3.3 3.6 4.2 3.4 2.9 2.6 2.3 1.9 1.1 1.5 1.8 2.1 2.5 2.9 3.2 3.9 5.0 5.2 2.6 2.2 2.4 2.3 1.7 1.1 1.4 1.7 2.2 2.7 3.1 3.6 4.0 4.7 6.8 1.8 2.7 2.8 2.2 1.1 1.4 2.0 2.5 3.0 3.2 3.3 3.9 4.8 5.2 5.7 5.6 3.1 3.4 3.2 2.7 2.1 1.6 2.0 2.4 2.5 2.8 3.3 3.7 4.1 5.0 5.2 4.0 3.2 2.4 3.6 2.9 2.4 1.3 1.7 2.1 2.3 2.7 3.1 3.7 4.2 4.4 4.4 4.4 4.0 3.7 3.8 3.2 2.6 1.4 1.8 2.3 2.6 3.4 3.8 3.9 4.3 4.4 4.3 5.1 5.7 3.5 3.1 2.6 1.8 2.3 2.9 3.3 3.7 3.9 3.9 4.0 4.5 4.9 3.0 2.5 2.1 1.5 2.3 2.8 3.1 3.4 3.6 3.7 3.7 3.9 4.8 5.2 2.7 2.2 1.7 2.1 2.4 2.7 3.0 3.0 3.0 3.3 3.7 4.1 4.7 1.3 1.4 4.0 2.9 2.3 1.9 1.3 1.9 2.1 2.3 2.4 2.7 3.2 3.5 4.0 4.4 4.2 3.3 2.8 2.2 1.7 2.4 3.7 3.3 2.6 2.1 1.5 1.0 1.3 1.6 1.9 2.2 2.6 3.2 3.9 4.1 4.0 3.5 2.8 5.8 5.0 5.1 4.0 3.0 2.6 2.4 2.8 3.2 3.2 3.1 3.1 2.5 1.9 1.2 1.3 1.7 2.3 3.0 3.8 4.1 4.1 3.7 2.8 2.0 3.4 3.6 5.0 5.4 5.0 4.6 4.2 3.7 3.0 2.7 2.6 2.6 2.6 2.7 2.6 2.5 2.1 1.5 1.3 1.8 2.7 3.6 4.1 4.1 3.9 3.1 2.4 1.9 1.5 5.1 4.9 4.7 4.4 4.3 3.7 3.4 3.3 3.0 2.6 2.3 2.0 1.9 2.0 2.0 1.9 1.6 1.5 2.5 3.4 3.9 4.1 4.0 3.3 2.7 2.3 2.0 1.7 1.5 4.0 3.8 3.5 3.3 3.1 2.8 2.7 2.7 2.3 1.9 1.5 1.3 1.3 1.4 1.3 2.3 3.3 3.9 4.4 4.1 3.6 3.2 2.8 2.4 2.3 2.1 1.8 3.5 3.5 3.1 2.7 2.4 2.2 2.2 2.0 1.7 1.4 1.1 2.6 4.1 5.3 4.8 4.1 3.8 3.3 3.0 3.0 2.9 2.8 2.4 2.3 3.9 3.7 3.4 3.2 2.6 2.3 2.0 1.7 1.5 1.2 1.1 4.5 5.2 5.0 4.8 3.9 3.7 3.6 3.6 3.7 3.7 4.0 5.2 5.7 7.0 5.7 5.2 4.1 3.8 3.5 3.0 2.6 2.2 1.7 1.3 1.1 5.5 5.3 4.8 4.4 3.9 3.6 3.8 4.0 4.1 4.8 4.7 4.5 4.8 4.4 4.2 4.2 3.7 3.4 3.0 2.4 1.9 1.4 1.0 5.0 4.9 3.8 3.5 3.6 3.6 3.5 3.8 3.7 3.5 3.5 3.4 3.5 3.5 3.2 2.9 2.4 1.9 1.4 3.2 3.1 3.0 3.0 3.1 3.4 3.1 2.9 2.9 2.7 2.8 3.0 2.9 2.5 2.3 2.4 2.6 2.7 2.4 2.3 2.1 2.2 2.2 1.9 1.9 1.8 1.7 1.5 9.0 6.9 3.2 10.6 10.2 1.9 3.8 2.7 2.1 6.8 1.6 13.7 4.5 0.4 9.9 2.9 12.7 5.4 7.2 2.2 14.3 9.6 3.9 15.6 4.8 3.0 5.5 3.5 3.3 16.7 9.2 4.8 3.0 9.3 2.3 19.8 5.9 2.7 2.4 0.7 16.6 9.5 9.8 7.4 19.1 3.8 1.9 1.9 1.6 1.4 6.2 1.8 3.9 1.6 1.0 12.3 5.1 1.3 14.5 4.2 0.9 0.7 8.6 3.5 1.7 1.1 10.5 1.0 8.3 2.3 14.8 2.2 2.1 11.0 4.3 14.5 5.4 4.6 1.3 3.6 11.0 15.5 2.6 3.4 5.2 10.8 14.7 7.6 8.7 4.1 6.7 4.6 10.2 12.1 12.6 13.0 6.7 11.4 14.5 0.4 9.4 1.7 10.1 3.5 10.4 2.0 8.6 10.3 6.3 12.7 1.7 0.7 2.0 11.4 5.8 0.6 9.3 0.6 4.7 4.5 15.1 7.7 2.0 3.1 4.4 7.2 17.7 0.7 11.8 3.7 11.6 4.7 14.7 13.8 0.6 11.6 7.1 3.0 9.1 11.5 12.0 13.4 5.3 0.5 8.3 0.6 8.4 2.6 4.5 3.1 1.0 0.9 4.2 10.4 14.5 12.2 0.9 9.3 8.9 3.5 7.3 0.8 5.1 3.4 0.8 4.0 1.3 9.4 8.7 4.6 8.6 8.6 0.5 9.0 0.2 4.5 14.3 0.6 7.7 8.5 1.5 3.3 2.9 10.9 5.1 12.9 1.3 7.4 3.7 7.9 1.2 5.3 11.0 11.2 3.5 9.8 8.2 2.3 3.6 5.1 5.9 12.2 10.5 16.4 8.5 3.7 13.1 7.8 18.3 2.8 5.3 11.9 12.3 10.5 6.6 1.5 6.0 4.7 4.9 14.9 14.7 10.8 8.8 8.5 13.4 2.7 4.8 6.0 9.4 10.7 1.0 11.8 2.9 10.3 2.4 7.5 14.1 5.2 1.7 3.9 10.8 11.8 9.7 1.1 10.8 0.7 11.6 9.9 12.2 1.2 3.7 3.2 10.9 2.7 9.1 3.9 10.6 15.8 11.2 19.9 8.1 4.8 13.2 3.8 21.1 6.6 23.6 8.1 11.1 8.2 10.3 18.3 1.4 7.2 9.4 9.3 9.5 14.5 14.1 18.4 16.6 22.6 5.2 15.0 9.9 13.4 2.6 12.2 3.0 10.4 9.6 7.6 8.0 9.9 8.7 4.5 6.9 11.4 2.2 11.0 0.7 7.9 1.5 1.5 1.0 4.6 7.3 3.2 4.9 16.8 0.3 7.4 5.6 0.7 2.1 6.3 3.6 2.5 7.3 7.6 5.5 4.8 1.1 8.2 8.7 5.2 7.1 14.1 1.1 0.3 0.4 0.3 1.0 15.7 11.6 3.3 0.3 2.8 15.6 17.0 0.2 14.5 2.7 3.0 4.6 2.5 5.7 4.5 4.2 3.2 6.2 2.0 15.7 0.6 6.4 7.8 18.7 4.6 0.7 6.7 11.0 4.9 3.8 8.3 4.7 12.9 2.0 13.2 0.4 5.6 8.2 19.0 1.6 2.0 7.2 3.2 6.7 4.9 11.1 4.2 11.5 13.6 7.8 1.6 2.5 4.1 10.4 3.1 4.4 11.5 10.1 2.2 11.0 14.8 2.1 9.7 15.4 1.2 5.8 8.3 8.3 9.2 1.4 2.2 6.6 4.9 0.8 16.5 7.3 3.3 3.2 9.2 8.3 0.9 0.9 1.0 3.6 7.6 12.2 6.0 13.5 4.2 3.8 3.9 6.0 4.8 3.2 10.4 2.1 0.5 1.2 6.9 14.2 6.1 3.4 4.0 4.8 11.4 19.4 0.4 8.3 0.5 0.3 0.3 3.4 8.6 6.6 3.7 12.0 11.2 4.4 5.2 5.3 15.4 2.2 16.6 7.8 0.7 0.3 3.4 15.3 3.5 1.7 1.7 15.1 5.5 5.4 6.7 5.6 11.8 3.3 2.1 3.0 0.5 1.5 6.8 1.4 1.4 7.9 5.4 5.2 5.9 11.2 15.2 12.6 0.4 9.2 0.9 0.4 0.3 12.1 7.0 1.4 1.3 1.5 18.6 13.3 6.7 3.6 5.0 9.7 14.0 3.3 12.1 5.8 0.7 1.8 2.7 1.4 3.2 10.3 13.3 7.7 2.6 3.8 2.6 18.6 5.9 4.3 4.0 5.6 7.6 6.3 0.7 1.7 1.7 1.1 11.3 5.8 1.8 4.0 15.8 12.4 6.9 16.5 11.9 5.0 3.4 4.5 6.3 14.6 3.5 19.2 0.7 4.9 11.5 9.1 1.1 11.9 6.2 8.2 3.1 9.3 2.3 1.1 16.5 5.3 5.0 4.4 3.6 4.0 6.7 13.4 12.1 15.8 7.2 6.2 2.4 7.6 8.1 6.0 7.1 3.2 0.9 1.2 10.0 7.2 10.3 2.1 9.0 16.3 11.8 4.0 2.4 2.6 2.7 2.9 3.4 4.7 7.4 13.3 11.2 13.9 6.4 6.1 6.8 9.4 2.8 6.5 2.5 9.3 9.4 1.1 1.7 15.6 4.6 10.8 1.4 1.4 13.9 3.2 1.4 1.6 2.0 2.5 3.0 3.4 4.4 5.8 10.4 12.6 11.6 14.0 5.1 8.1 6.8 10.0 14.5 8.0 1.2 9.0 2.6 1.3 6.8 8.1 7.9 11.4 10.5 5.1 1.2 2.8 2.5 2.1 1.4 2.1 1.8 2.0 2.4 2.8 7.6 10.4 3.7 4.8 1.3 3.5 15.6 2.6 10.6 5.2 12.1 2.8 8.4 1.9 2.8 9.9 7.0 1.8 1.7 1.9 2.4 13.6 6.7 13.0 4.2 6.5 8.8 0.6 3.3 9.8 5.2 5.1 4.8 7.2 6.9 6.5 8.0 5.6 2.8 2.9 10.7 7.9 0.5 14.9 12.9 5.9 7.1 1.7 11.1 1.4 14.4 15.8 6.7 2.3 10.6 1.3 7.0 13.7 5.3 14.9 3.8 14.3 4.5 1.3 14.1 8.0 7.5 11.4 8.9 1.2 7.3 7.9 2.7 3.0 0.6 7.3 11.2 3.9 0.4 0.4 1.9 7.4 0.3 5.4 7.9 15.7 2.3 7.0 10.8 2.6 11.5 14.8 11.2 6.2 3.9 10.7 1.9 7.5 6.6 0.9 2.8 1.0 3.0 10.3 0.8 14.7 3.4 6.2 9.3 8.0 2.6 5.4 4.9 5.9 0.5 15.7 10.0 1.7 1.8 7.7 4.0 6.6 8.8 2.0 11.3 0.5 2.9 1.3 3.3 5.6 4.5 1.6 1.6 6.7 0.4 2.1 12.0 10.3 13.9 3.0 0.6 0.4 12.3 10.3 8.1 0.2 5.8 1.2 8.0 6.1 13.4 1.1 4.5 5.6 1.6 5.1 14.9 2.2 13.1 2.0 3.3 8.4 4.0 13.7 1.8 2.1 0.6 2.9 8.4 0.4 1.7 12.5 0.3 4.5 6.1 1.5 15.0 4.4 0.8 6.8 0.4 0.4 4.7 14.3 5.5 1.0 0.8 3.5 7.2 2.1 9.7 10.4 14.1 4.6 0.8 7.2 14.0 1.4 1.2 5.2 13.0 15.2 2.6 5.7 2.9 5.1 3.1 14.0 11.9 7.4 0.8 3.2 9.3 0.7 0.2 0.7 4.6 12.8 2.2 9.3 0.6 6.0 3.6 0.8 5.1 4.4 5.0 2.0 0.5 4.6 1.1 9.6 16.2 2.7 7.2 10.0 7.3 7.3 0.7 0.3 0.2 0.7 13.6 3.2 15.0 6.4 8.7 1.4 6.4 11.1 11.0 7.6 4.4 0.4 0.5 10.9 2.7 1.9 3.2 6.9 4.7 2.1 0.7 0.6 0.2 0.2 0.6 7.5 8.6 4.0 0.5 0.6 1.0 2.7 4.2 14.7 0.4 10.5 2.4 1.4 7.8 11.3 0.3 16.9 3.7 1.0 8.2 7.2 14.0 0.7 0.5 9.2 8.4 11.0 6.3 2.4 1.4 4.3 2.1 0.4 0.6 13.4 3.8 3.4 9.0 5.4 4.7 5.9 14.9 2.5 1.5 0.9 1.7 7.6 10.6 3.9 4.2 2.4 1.9 2.8 2.3 2.3 5.1 7.8 5.5 5.7 8.5 8.7 12.5 2.5 5.3 0.7 1.9 8.2 1.1 11.2 12.7 9.3 11.9 10.1 1.1 7.3 13.3 6.4 0.6 5.1 3.5 7.0 19.7 7.0 7.3 9.9 1.9 3.4 15.1 1.1 1.2 3.1 0.5 10.4 8.6 5.4 14.5 0.4 4.2 16.4 4.7 0.8 10.3 4.6 0.4 0.4 1.1 6.9 14.0 0.3 13.4 4.3 0.8 6.9 3.2 5.1 1.0 2.7 5.3 10.7 13.0 3.5 3.0 3.3 8.1 10.1 16.6 6.1 15.7 2.4 9.9 15.9 16.8 2.2 13.3 11.4 8.3 1.8 0.3 4.9 2.6 4.3 2.0 1.1 14.4 17.3 8.9 2.4 6.1 5.2 10.3 5.3 17.7 8.9 2.5 1.3 3.1 2.7 2.6 6.7 2.1 1.9 6.5 2.3 14.1 2.0 5.2 8.6 1.8 3.4 0.1 14.2 2.6 1.8 1.5 6.6 9.3 4.8 11.2 10.5 11.2 12.0 1.2 11.5 4.1 5.7 0.8 5.3 6.9 1.8 16.1 3.3 7.5 10.3 2.5 11.5 6.3 11.7 2.3 1.2 9.4 0.7 5.0 10.3 4.2 4.6 1.5 8.8 6.1 1.0 2.6 10.7 5.3 2.0 1.2 11.4 5.4 2.0 11.2 14.8 2.3 0.6 6.1 3.8 1.0 1.3 5.6 5.9 0.4 8.4 11.3 0.3 7.9 0.2 12.5 1.2 4.1 1.7 0.6 6.2 3.1 4.7 9.0 1.1 3.7 15.3 0.2 13.7 7.2 1.7 14.0 3.0 0.3 14.3 7.4 0.8 0.6 3.3 1.2 5.8 2.1 8.7 10.0 9.9 12.0 4.2 6.1 9.4 7.4 4.0 2.8 5.4 7.8 4.4 2.7 7.8 7.6 1.5 0.3 4.2 4.9 2.1 4.1 13.4 3.6 0.5 0.8 1.2 1.3 3.5 14.8 0.2 9.3 6.9 1.0 0.3 2.5 0.4 9.9 3.8 0.5 5.7 17.0 10.9 4.6 5.6 0.6 9.8 0.4 5.0 8.0 4.8 2.0 2.5 1.1 7.6 4.8 14.6 0.7 4.9 14.1 1.0 0.6 4.6 10.8 2.6 15.1 0.2 4.5 16.3 7.4 10.9 4.1 9.4 2.1 1.3 7.2 0.4 0.3 3.2 8.2 16.4 1.1 6.2 5.6 1.3 1.5 5.5 0.4 7.4 12.0 8.3 0.6 0.4 1.3 7.1 19.5 0.7 14.2 5.1 0.6 13.5 0.9 1.8 3.1 0.2 8.8 0.6 0.6 2.2 4.1 2.7 0.8 0.3 0.2 0.5 9.1 3.1 6.6 0.7 16.2 4.0 0.8 0.3 0.2 0.2 0.2 0.4 2.2 6.5 3.8 4.4 3.3 0.4 11.9 11.9 2.9 0.7 3.6 10.0 1.8 0.9 0.2 0.2 0.3 4.3 6.8 10.4 1.7 10.3 0.3 0.6 3.6 9.4 0.6 4.1 0.2 8.8 0.3 0.6 9.2 7.0 5.2 7.4 0.6 0.5 2.9 15.6 0.7 7.9 13.6 6.8 1.3 1.9 20.1 1.4 8.7 6.3 2.0 4.3 9.0 2.6 5.0 0.2 3.0 7.2 7.7 9.1 1.5 3.7 0.9 1.8 1.8 7.8 10.9 0.4 13.8 4.9 0.8 11.5 0.3 5.8 2.0 1.2 13.2 0.8 2.7 2.5 11.1 0.7 9.3 3.6 1.1 1.1 4.9 9.1 14.6 5.1 10.6 7.1 4.4 1.3 2.1 4.8 4.8 2.0 0.6 6.1 5.5 6.8 9.7 14.2 7.1 5.1 11.0 10.1 11.2 5.3 1.1 2.1 6.2 0.6 3.5 6.8 4.7 1.3 0.7 0.5 0.3 0.6 4.2 10.0 0.2 16.5 5.0 1.7 7.0 8.5 6.9 4.8 3.2 11.1 2.3 0.4 0.2 0.3 0.3 1.5 4.9 8.1 9.2 0.6 9.6 8.8 0.7 1.1 5.7 14.0 9.6 10.6 3.8 3.9 7.1 7.1 2.3 0.6 2.6 5.2 1.5 0.4 8.6 0.4 6.2 16.0 0.3 7.4 8.7 5.0 6.5 6.9 2.8 0.6 9.2 2.3 13.8 15.6 2.5 1.1 2.4 8.2 10.4 11.4 5.2 9.6 14.1 9.1 2.6 12.5 8.7 0.8 10.3 1.8 3.3 7.6 7.4 0.5 15.7 6.5 1.9 2.4 11.0 1.1 0.7 1.4 3.0 1.5 0.9 10.6 0.3 1.5 11.8 3.7 3.1 9.0 0.5 1.9 5.0 13.3 9.8 6.5 1.9 7.2 1.5 0.4 0.4 0.4 0.5 2.4 10.8 2.9 8.4 6.3 11.0 7.6 12.9 8.4 1.7 1.1 1.0 1.1 1.4 10.4 2.2 0.4 0.3 0.3 0.8 5.3 2.5 2.2 3.1 8.4 0.3 10.0 6.7 1.0 0.7 1.0 1.3 1.7 12.5 2.0 0.4 0.3 0.3 0.4 8.1 8.4 6.9 6.5 4.3 17.7 14.8 3.6 1.0 1.3 1.8 2.1 8.0 1.4 0.6 0.8 0.5 0.6 3.9 0.5 10.7 2.6 5.7 4.2 6.6 1.5 1.6 2.2 5.5 3.7 0.8 1.6 6.2 9.3 6.7 1.6 11.3 8.1 8.0 3.5 10.1 15.3 6.6 2.0 2.6 17.3 9.6 1.1 0.7 2.2 4.3 4.7 0.6 12.7 4.3 3.6 13.1 3.1 7.8 0.3 8.1 3.0 3.1 5.5 7.4 1.8 0.9 1.0 9.3 5.3 2.0 1.7 0.8 3.0 1.3 11.2 12.6 13.2 7.0 3.9 7.5 11.6 3.1 1.2 0.9 3.3 6.8 9.5 9.8 2.2 5.9 5.3 15.5 0.3 5.0 7.0 5.0 17.1 11.6 2.9 1.5 1.1 1.0 7.1 4.1 0.3 9.5 1.6 1.2 3.1 9.4 12.0 5.1 5.0 4.4 2.5 1.9 1.4 1.1 1.1 6.3 6.2 17.7 5.3 6.2 11.5 9.5 3.3 2.4 7.3 15.2 5.6 2.3 1.9 1.5 1.2 1.2 3.7 16.4 4.4 9.5 0.9 8.8 7.6 2.4 2.0 1.6 1.3 1.3 10.6 5.2 3.4 7.7 3.4 11.9 7.9 2.1 1.7 1.4 2.5 6.2 9.0 6.5 9.0 15.2 6.7 1.9 1.6 4.7 11.3 4.8 5.2 12.5 10.2 6.7 2.1 4.9 8.4 12.9 6.6 10.2 0.4 14.0 8.9 3.9 7.6 3.0 3.3 1.1 8.5 17.1 11.6 7.7 0.3 12.6 11.9 4.6 15.9 1.9 1.0 0.7 3.0 3.7 6.3 7.1 5.5 4.0 10.4 8.9 10.9 9.9 2.9 7.2 14.7 0.5 18.2 5.3 6.4 15.5 0.8 15.1 7.5 15.2 5.8 4.2 5.7 0.3 0.3 0.4 0.4 0.4 0.7 0.8 1.1 1.5 1.4 1.4 1.5 3.0 4.9 3.4 2.1 1.4 2.3 4.1 3.4 3.1 3.6 2.5 4.2 11.3 0.4 1.0 1.4 5.6 7.5 5.4 1.6 3.6 11.3 8.4 11.5 6.0 2.9 3.4 3.1 1.5 1.1 1.8 1.5 1.3 2.3 3.9 4.8 15.2 1.2 15.8 2.7 7.8 13.3 0.5 5.0 5.7 0.8 0.9 3.6 5.6 4.2 17.6 0.6 14.7 6.4 5.3 11.9 6.6 2.6 3.5 11.8 1.9 4.2 10.2 0.8 0.5 0.2 0.2 1.3 13.0 16.6 4.8 11.5 2.5 1.9 13.1 12.5 7.8 1.7 16.0 2.3 10.3 14.8 7.8 8.0 9.3 7.4 8.5 0.8 1.4 8.1 3.0 12.2 12.4 11.5 5.2 7.2 6.6 11.0 4.7 3.8 9.4 7.5 1.4 1.5 19.3 3.7 16.5 7.4 3.5 11.4 13.0 3.6 1.0 6.3 3.9 7.0 11.8 1.7 0.8 10.1 4.1 14.5 4.3 17.5 1.9 11.6 17.1 0.7 6.9 12.2 10.3 9.7 5.5 10.2 9.8 12.7 14.2 2.6 3.9 2.0 9.1 8.0 5.7 7.4 1.9 6.8 14.6 4.9 6.7 1.4 1.9 4.3 13.6 12.2 1.2 7.3 10.9 3.4 14.3 1.4 10.4 9.4 15.1 5.7 1.1 5.6 7.2 10.5 6.0 0.9 5.3 17.0 10.3 6.2 1.7 9.5 8.3 5.0 6.0 15.1 13.0 5.5 1.9 6.6 15.9 5.6 8.8 6.0 5.2 4.9 13.0 6.3 2.2 3.1 6.1 9.1 3.6 9.1 8.7 10.9 4.0 15.4 14.5 12.9 5.1 16.8 0.6 11.3 8.8 9.1 16.8 11.6 3.3 9.6 4.9 11.7 8.0 3.7 12.0 5.2 10.0 7.0 11.2 13.4 10.4 9.5 6.5 6.6 9.3 6.9 8.8 4.0 12.9 0.6 7.1 10.4 4.3 14.9 3.2 11.0 4.7 19.3 8.8 2.9 4.3 5.1 9.9 11.3 2.8 15.7 13.4 19.1 1.1 4.7 9.6 1.5 6.4 11.4 8.0 9.3 1.5 10.4 13.6 4.3 5.9 7.3 18.0 5.5 2.7 2.1 7.8 12.5 6.7 15.3 20.2 18.2 5.0 1.5 1.8 11.0 5.4 7.2 8.5 10.5 1.5 10.0 1.7 1.2 1.4 2.2 8.6 5.9 8.6 17.0 8.1 4.2 10.0 6.3 1.9 1.4 1.2 6.4 13.6 14.0 3.2 17.3 7.7 12.1 4.3 3.2 3.1 4.7 4.7 10.7 7.6 14.7 16.8 7.8 4.7 6.4 5.1 4.1 3.1 6.9 7.4 1.7 5.2 10.0 6.4 10.4 17.7 5.7 18.4 12.6 7.6 4.8 4.8 5.9 14.2 7.9 10.9 1.6 2.6 6.4 5.6 5.7 5.5 3.3 5.5 17.7 14.2 2.1 2.6 3.4 1.7 6.6 8.0 17.4 16.6 14.5 2.5 5.8 4.5 4.2 13.0 2.8 12.2 1.2 16.4 10.8 15.3 6.4 13.0 4.9 3.1 4.3 6.4 13.7 5.1 5.4 14.3 1.5 13.3 12.2 11.8 5.6 4.9 12.7 13.9 4.7 11.0 6.0 7.1 5.2 6.0 10.2 19.4 5.8 20.5 12.1 16.4 17.0 13.4 12.3 9.7 8.9 7.9 7.2 Jobname The Oaks__2022-2-11.AGI Report for: Zack Kulpinski Report by: Ismael Avina-Prieto / Applications Engineer Mounting Ht.: See Drawing See Luminaire Schedule for Light Loss Factor - Unless otherwise specified by customer Reflectance: 80/50/20 - Unless otherwise specified by customer Date:2/11/2022 ------Disclaimer------ Luminaire data is obtained according to IES procedures under controlled laboratory conditions. Field results may differ from computer predictions due to many uncontrollable factors including, but not limited to Line Voltage Variations, Lamp Performance, Ballast input watts, LED Drivers input watts, Temperature Variations and Jobsite Conditions. Architecture + Planning 888.456.5849 ktgy.com THE OAKS THOUSAND OAKS, CALIFORNIA # 2021-0205 FORMAL SUBMITTAL APRIL 12, 2022 One Baxter Way LP 503 32nd St., Suite 120 Newport Beach, CA 92663 A10-0 PHOTOMETRICS PLAN 0 25 50 100 SITE PLAN
Item No. 8A
THE OAKS
WESTLAKE VILLAGE, CA 91362
1 BAXTER WAY
C-01
“ ”
APNs: 680-0-230-695 and 680-0-230-715
.
EXISTING CONDITIONS MAP
680-0-230-715 ABANDONED 101 FREEWAY 2.4
TOTAL 42.9
680-0-230-695 PORTION OF PARCEL 2 695 OF PARCEL 40.5
MAP L.D.-516 M.B. 40/87-89
RIGHT-OF-WAY
NOTE: THE PROPERTY WAS CONSOLIDATED INTO ONE PARCEL, PARCEL 3 OF LOT LINE ADJUSTMENT NO. 97-306 IN 1997.
Item No. 8A
THE OAKS
WESTLAKE VILLAGE, CA 91362
1 BAXTER WAY
C-02
APNs: 680-0-230-695 and 680-0-230-715
SLOPE ANALYSIS MAP
Item No. 8A
133 PARKING SPACES
C
C
C
C
C THE OAKS WESTLAKE VILLAGE, CA 91362 1 BAXTER WAY C-03 APNs: 680-0-230-695 and 680-0-230-715 . PARCEL 2 INDUSTRIAL PARK (416,941 GROSS S.F.) 34.1 TOTAL 42.9 PARCEL 1 APARTMENTS (264 UNITS) 8.8 CUT FILL LAND DIVISION - TENTATIVE PARCEL MAP POTENTIAL EXPORT RAW VOLUME 680-0-230-715 ABANDONED 101 FREEWAY 2.4 TOTAL 42.9 680-0-230-695 PORTION OF PARCEL 2 695 OF PARCEL 40.5 MAP L.D.-516 M.B. 40/87-89 RIGHT-OF-WAY NOTE: THE PROPERTY WAS CONSOLIDATED INTO ONE PARCEL, PARCEL 3 OF LOT LINE ADJUSTMENT NO. 97-306 IN 1997. REMEDIAL GRADING VOLUME ESTIMATED EARTHWORK QUANTITIES Item No. 8A
133 PARKING SPACES
C
C
C
C
C THE OAKS WESTLAKE VILLAGE, CA 91362 1 BAXTER WAY C-04 APNs: 680-0-230-695 and 680-0-230-715 LAND DIVISION - TENTATIVE PARCEL MAP PARCEL 2 INDUSTRIAL PARK (416,941 GROSS S.F.) 34.1 TOTAL 42.9 PARCEL 1 APARTMENTS (264 UNITS) 8.8 Item No. 8A
133 PARKING SPACES
C
C
C
C
C
THE OAKS
WESTLAKE VILLAGE, CA 91362
1 BAXTER WAY
C-05
APNs: 680-0-230-695 and 680-0-230-715
CONCEPTUAL GRADING PLAN
PARCEL 2 INDUSTRIAL PARK (416,941 GROSS S.F.) 34.1
TOTAL 42.9
PARCEL 1 APARTMENTS (264 UNITS) 8.8
CUT FILL
POTENTIAL EXPORT
RAW VOLUME
REMEDIAL GRADING VOLUME
ESTIMATED EARTHWORK QUANTITIES
Item No. 8A
ELEC
ROOM
TRASH
TERM
MECH
ROOM
LOBBY
LOBBY
LOBBY
LOBBY
ELEC
ROOM
ELEC
ROOM
TRASH
TERM
MECH
ROOM
LOBBY
LOBBY
LOBBY
LOBBY
ELEC
ROOM
THE OAKS
WESTLAKE VILLAGE, CA 91362
1 BAXTER WAY
C-06
APNs: 680-0-230-695 and 680-0-230-715
CONCEPTUAL GRADING PLAN
Item No. 8A
ELEC
ROOM
TRASH
TERM
MECH
ROOM
LOBBY
LOBBY
STOR./
IDF
LOBBY
LOBBY
ELEC
ROOM
THE OAKS
WESTLAKE VILLAGE, CA 91362
1 BAXTER WAY
C-07
APNs: 680-0-230-695 and 680-0-230-715
CONCEPTUAL GRADING PLAN
Item No. 8A
133 PARKING SPACES
C
C
C
C
C THE OAKS WESTLAKE VILLAGE, CA 91362 1 BAXTER WAY C-08 APNs: 680-0-230-695 and 680-0-230-715 CUT-FILL MAP CUT FILL POTENTIAL EXPORT RAW VOLUME REMEDIAL GRADING VOLUME* ESTIMATED EARTHWORK QUANTITIES Item No. 8A
ELEC ROOM
TRASH TERM
MECH ROOM
LOBBY
LOBBY
LOBBY
LOBBY
ELEC ROOM
133 PARKING SPACES
C
C
C
C
C THE OAKS WESTLAKE VILLAGE, CA 91362 1 BAXTER WAY C-09 CONCEPTUAL UTILITIES PLAN APNs: 680-0-230-695 and 680-0-230-715 Item No. 8A
STOR./
IDF
133 PARKING SPACES
C
C
C
C
C
THE OAKS
WESTLAKE VILLAGE, CA 91362
1 BAXTER WAY
C-10
ACRE
DMA
6.27 DMA1
5.36 DMA2
CONCEPTUAL DRAINAGE/WATER QUALITY PLAN
APNs: 680-0-230-695 and 680-0-230-715
1.64 DMA3
0.25 DMA4
0.12 DMA5
0.17 DMA7
0.14 DMA6
0.19 DMA8
Item No. 8A
BIKE
STORAGE
MECH. MECH.
124 PARKING SPACES
MECH.
TRASH
TERM
C
C
C
C C C
C C C
C C C C C C
C
C
C
C
BIKE STORAGE
MECH.
MECH.
MECH.
150 PARKING SPACES
MECH.
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C C C C C C C C
C
133 PARKING SPACES
C
C
C
C
C
HOUSE
CANYON
SCHOOL HOUSE CANYON
SCHOOL
PA 1
PA 2
THE OAKS
WESTLAKE VILLAGE, CA 91362
1 BAXTER WAY
APNs: 680-0-230-695 and 680-0-230-715
FUEL MODIFICATION EXHIBIT C-11
Item No. 8A
Architecture + Planning
888.456.5849
ktgy.com
THE OAKS
THOUSAND OAKS, CALIFORNIA # 2021-0205
FORMAL SUBMITTAL
AUGUST 31, 2021
One Baxter Way LP
503 32nd St., Suite 120
Newport Beach, CA 92663
L 1.00A AERIAL MAP
APRIL 12, 2022
N
Item No. 8A
Architecture + Planning
888.456.5849
ktgy.com
THE OAKS
THOUSAND OAKS, CALIFORNIA # 2021-0205
FORMAL SUBMITTAL
AUGUST 31, 2021
One Baxter Way LP
503 32nd St., Suite 120
Newport Beach, CA 92663
L 1.00B OVERALL SITE PLAN
APRIL 12, 2022
N
THOUSAND OAKS BLVD.
LAKEVIEW CANYON RD.
HWY 101
Item No. 8A
Architecture + Planning
888.456.5849
ktgy.com
THE OAKS
THOUSAND OAKS, CALIFORNIA # 2021-0205
FORMAL SUBMITTAL
AUGUST 31, 2021
One Baxter Way LP
503 32nd St., Suite 120
Newport Beach, CA 92663
PA 1
APRIL 12, 2022 SCALE: 1/64”=1’-0”
0 32‘ 64‘ 128‘
N
THOUSAND OAKS BLVD.
LAKEVIEW CANYON RD.
1 7
4 2 8
8 5
3 9
9 6
10 LEGEND
1 7
4 2
8 5
3 9
10 6
POOL TERRACE
RESI COMMON
THE LAWN
THE OAK TRAIL
WATERSHED GARDEN
COMMUNITY GARDEN
RESIDENT DOG PARK
INTERNAL ROAD
SURFACE PARKING
6’-0” PERIMETER FENCE LOCATED
AT BACK OF PUBLIC SIDEWALK
L 1.01 A SITE PLAN
Item No. 8A
Architecture + Planning
888.456.5849
ktgy.com
THE OAKS
THOUSAND OAKS, CALIFORNIA # 2021-0205
FORMAL SUBMITTAL
AUGUST 31, 2021
One Baxter Way LP
503 32nd St., Suite 120
Newport Beach, CA 92663
L 2.01 ENLARGEMENT PLAN 01
APRIL 12, 2022
N
SCALE: 1/16”=1’-0” 0 8‘ 16‘ 32‘
LEGEND 1
1 7
7 7
4 4
10 11
12 13
10 2
2 8
8 8
5 5
3 3
9 9
9 6
6 6
RESIDENT DOG PARK
BENCH SEATING
LOUNGE SEATING
BBQ & OUTDOOR DINING
ENTRY STAIRS
NEW TREE
EXISTING TREE
INTERNAL DRIVE
PARKING STALL
DROP OFF
SHORT-TERM BIKE PARKING
ENTRY FENCE & GATE
6’-0” PERIMETER FENCE LOCATED
AT BACK OF PUBLIC SIDEWALK
11 11
12 12
13 Item No. 8A
Architecture + Planning
888.456.5849
ktgy.com
THE OAKS
THOUSAND OAKS, CALIFORNIA # 2021-0205
FORMAL SUBMITTAL
AUGUST 31, 2021
One Baxter Way LP
503 32nd St., Suite 120
Newport Beach, CA 92663
L 2.02 ENLARGEMENT PLAN 02
APRIL 12, 2022
N
SCALE: 1/16”=1’-0”
0 8‘ 16‘ 32‘
LEGEND
1 1
7 7
4 4
10 11
12 10
2 2
8 8
5 5
3 3
9 9
6 6
POOL DECK
POOL
SPA / JACUZZI
AMENITY TERRACE
OUTDOOR KITCHEN
TERRACE PATH
FEATURE TREE+BENCH
SEATING TERRACE
EXISTING TREE
NEW TREE
SHORT-TERM BIKE PARKING
ENTRY FENCE & GATE
6 11
12 12
Item No. 8A
Architecture + Planning
888.456.5849
ktgy.com
THE OAKS
THOUSAND OAKS, CALIFORNIA # 2021-0205
FORMAL SUBMITTAL
AUGUST 31, 2021
One Baxter Way LP
503 32nd St., Suite 120
Newport Beach, CA 92663
L 2.03 ENLARGEMENT PLAN 03
APRIL 12, 2022
N
SCALE: 1/16”=1’-0”
0 8‘ 16‘ 32‘
LEGEND
1 1
7 8
9 10
11 7
8 9
4 4
2 2
5 5
3 3
6 6
FIRE PIT CIRCLE
HAMMOCK GROVE
TERRACE SEATING
TRELLIS & BBQ COUNTER
EXISTING TREE
NEW TREE
PARKING STALL
INTERNAL DRIVE
DROP OFF
SHORT-TERM BIKE PARKING
ENTRY FENCE & GATE
10 11
Item No. 8A
Architecture + Planning
888.456.5849
ktgy.com
THE OAKS
THOUSAND OAKS, CALIFORNIA # 2021-0205
FORMAL SUBMITTAL
AUGUST 31, 2021
One Baxter Way LP
503 32nd St., Suite 120
Newport Beach, CA 92663
L 2.04 ENLARGEMENT PLAN 04
APRIL 12, 2022
N
SCALE: 1/16”=1’-0”
0 8‘ 16‘ 32‘
LEGEND
1 1
7 7
4 4
2 2
8 8
5 5
3 3
9 9
6 6
THE EVENT LAWN
TERRACE OUTDOOR THEATER
KIDS NATURE PLAY
THE OAK TRAIL
FEATURE TREE W/ BENCH
EXISTING TREE
NEW TREE
PARKING STALL
INTERNAL DRIVE
Item No. 8A
Architecture + Planning
888.456.5849
ktgy.com
THE OAKS
THOUSAND OAKS, CALIFORNIA # 2021-0205
FORMAL SUBMITTAL
AUGUST 31, 2021
One Baxter Way LP
503 32nd St., Suite 120
Newport Beach, CA 92663
L 2.05 ENLARGEMENT PLAN 05
APRIL 12, 2022 SCALE: 1/16”=1’-0”
0 8‘ 16‘ 32‘
N
LEGEND
1 1
4 4
2 2
5 5
3 3
PLAY LAWN / EXERCISE LOOP
WATERSHED GARDEN
BENCH
PARKING STALL
INTERNAL DRIVE
Item No. 8A
Architecture + Planning
888.456.5849
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THE OAKS
THOUSAND OAKS, CALIFORNIA # 2021-0205
FORMAL SUBMITTAL
AUGUST 31, 2021
One Baxter Way LP
503 32nd St., Suite 120
Newport Beach, CA 92663
L 2.06 ENLARGMENT PLAN 06
SCALE: 1/16”=1’-0”
0 8‘ 16‘ 32‘
N
LEGEND
1 1
4 2
2 5
6 6
3 3
PARKING LOT GREEN AREA
PARKING STALLS
INTERNAL DRIVE
EXISTING TREES
NEW TREES
PEDESTRIAN PATH
APRIL 12, 2022
4 5
Item No. 8A
Architecture + Planning
888.456.5849
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THE OAKS
THOUSAND OAKS, CALIFORNIA # 2021-0205
FORMAL SUBMITTAL
AUGUST 31, 2021
One Baxter Way LP
503 32nd St., Suite 120
Newport Beach, CA 92663
PA 1
PA 2
APRIL 12, 2022
L 3.01 A EXISTING TREE AND
REMOVAL PLAN SCALE: 1/64”=1’-0”
0 32‘ 64‘ 128‘
N
#500
#501
#503
#502
#504
#505
#506
#507
#515
#516
#508
#525
#526 #518
#218
#474 #219
#469 #475
#472
#470
#464 #471
#465
#466
#467
#463 #476
#468 #225 #473
#15
#11
LEGEND
WESTERN SYCAMORE (LANDMARK TREE)
COAST LIVE OAK (PROTECTED TREE)
VALLEY OAK
CALIFORNIA BLACK WALNUT
BLUE GUM
BRAZILIAN PEPPER
CALIFORNIA SYCAMORE
EUCALYPTUS
EVERGREEN PEAR
GLOSSY PRIVET
LONDON PLANE
MEXICAN FAN PALM
RED GUM
SHAMEL ASH
OTHERS
WESTERN SYCAMORE (LANDMARK TREE)
COAST LIVE OAK (PROTECTED TREE)
VALLEY OAK
NOTE: LISTED TREE NUMBER PER
SITE TREE SURVEY
EXISTING TREES TO REMAIN
EXISTING TREES TO BE REMOVED
#XXX
#XXX
#XXX
REMOVED TREED:
COAST LIVE OAK: 3
VALLEY OAK: 2
WESTERN SYCAMORE: 26
NEW REPLACEMENT TREES REQUIRED: 93
(ONE 36INCH AND TWO 24-INCH OAK TREES (OR LIKE SPECIES) WILL
BE PLANTED EVERY PROTECTED TREE REMOVED)
Item No. 8A
Architecture + Planning
888.456.5849
ktgy.com
THE OAKS
THOUSAND OAKS, CALIFORNIA # 2021-0205
FORMAL SUBMITTAL
AUGUST 31, 2021
One Baxter Way LP
503 32nd St., Suite 120
Newport Beach, CA 92663
L 3.02 REPLACEMENT TREE
PLAN SCALE: 1/64”=1’-0”
0 32‘ 64‘ 128‘
N
TOTAL NEW REPLACEMENT TREES: 93
ON SITE: 47
OFF SITE REPLACEMENT: 46
Valley Oak
Quercus lobata
Install Size: 36” box
Install height x width: 14’x8’
Valley Oak
Quercus lobata
Mature height x width: 30-60’ x 40-50’
Water Use: medium
Notes: Evergreen, shade, habitat
Valley Oak - Year 20
Valley Oak - Year 1
Coast Live Oak
Quercus agrifolia
Install Size: 36” box
Install height x width: 14’x8’
Coast Live Oak
Quercus agrifolia
Mature height x width: 25-82’ x 15-35’
Water Use: low
Notes: Evergreen, native, wildlife plant,
provide habitat
Western Sycamore
Platanus racemosa
Install Size: 36” box
Install height x width: 14’x8’
Western Sycamore
Platanus racemosa
Mature height x width: 25-82’ x 15-35’
Water Use: low
Notes: Evergreen, native, wildlife plant,
provide habitat
Coast Live Oak - Year 1
Coast Live Oak - Year 20
Western Sycamore - Year 1
Western Sycamore - Year 20
PA 1
PA 2
APRIL 12, 2022
Item No. 8A
Architecture + Planning
888.456.5849
ktgy.com
THE OAKS
THOUSAND OAKS, CALIFORNIA # 2021-0205
FORMAL SUBMITTAL
AUGUST 31, 2021
One Baxter Way LP
503 32nd St., Suite 120
Newport Beach, CA 92663
L 3.03 ORNAMENTAL TREE PLAN
Redbuds
Cercis Occidentalis
Install Size: 24” box
Install height x width: 10’x4’
Mature height x width: 20’ H x 20’ W
Water Use: low - medium
Notes: Deciduous, spring flower, fast
growing
Manzanita
Arctostaphylos manzanita
Install Size: 15 gallon, 5’x5’
Mature height x width: 10’ H x 10’ W
Water Use:very low
Notes: Native, Evergreen to semideciduous slight frangrance, white and pink flower, attracts bird, wildlife plant
Chinese Pistache
Pistacia chinense ‘Red Push’
Install Size: 36” box
Install height x width: 15’ x 8’
Mature height x width: 35’ x 35’
Water Use: low
Notes: Deciduous, brilliant fall color
NOT ON CITY LIST, REQUEST TO
REVIEW
Redbuds
Manzanita
Chinese Pistache
Engelman Oak
Quercus Engelmannii
Install Size: 36” box
Install height x width: 14’x8’
Mature height x width: 30-60’ x 40-55’
Water Use: low
Notes: Evergreen to semi-deciduous,
native, wildlife plant, provide habitat
Southern Live Oak
Quercus virginiana
Install Size: 36” box
Install height x width: 14’x8’
Mature height x width: 30-60’ x 40-50’
Water Use: medium
Notes: Evergreen, shade, habitat
Engelman Oak
Southern Live Oak
SCALE: 1/64”=1’-0”
0 32‘ 64‘ 128‘
N
APRIL 12, 2022
Item No. 8A
Architecture + Planning
888.456.5849
ktgy.com
THE OAKS
THOUSAND OAKS, CALIFORNIA # 2021-0205
FORMAL SUBMITTAL
AUGUST 31, 2021
One Baxter Way LP
503 32nd St., Suite 120
Newport Beach, CA 92663
UNDERTORY PLANTING
(120,154 SF)
LAWN
(10,375 SF)
Ceanothus ‘Centennial’
10%, 1gal @ 24” o.c.
California buckwheat
5%, 5gal @ 36” o.c.
Rhamnus californica
10%, 5gal @ 48” o.c.
Muhlenbergia ripens
5%, 1gal @ 36” o.c.
Salvia Spathacea
10%, 1 gal @ 24” o.c.
California Fuchsia
5%, 1 gal @ 24” o.c.
Arctostaphylos densiflor
5%, 5gal @ 48” o.c
Arctostaphylos ‘Pacific Mist’
10%, 1gal @ 24” o.c
Heteromeles arbutifolia
10%, 15gal @ 60” o.c
Iris douglasiana
5%, 1gal @ 24” o.c
Carex Pansa
10%, 4” pot@ 18” o.c
Leymus condensatus Canyon Prince
10%, 1gal @ 36” o.c
Carex tumulicola
5%, 1gal @ 24” o.c.
Salvia ‘Bee’s Bliss’
10%, 5gal @ 36” o.c.
Ribes Viburnifolium
5%, 1gal @ 36” o.c.
Elymus triticoides
5%, 4”pot @ 18” o.c.
Heuchera Maxima
10%, 1gal at 24” o.c.
Achillea millefolium
5%, 1gal at 24” o.c.
Fescue Blend (Marathon)
- SOD
L 3.04 UNDERSTORY PLANTING
PLAN SCALE: 1/64”=1’-0”
0 32‘ 64‘ 128‘
N
APRIL 12, 2022
Item No. 8A
Architecture + Planning
888.456.5849
ktgy.com
THE OAKS
THOUSAND OAKS, CALIFORNIA # 2021-0205
FORMAL SUBMITTAL
AUGUST 31, 2021
One Baxter Way LP
503 32nd St., Suite 120
Newport Beach, CA 92663 APRIL 12, 2022
L 4.01 MATERIALS PLAN
SCALE: 1/64”=1’-0”
0 32‘ 64‘ 128‘
N
LEGEND
CAST-IN-PLACE CONCRETE (44,997 SQFT)
CONCRETE PAVER (23,203 SQFT)
DECOMPOSED GRANITE (5,158 SQFT)
ASPHALT (174,418 SQFT)
WOOD BENCH
GRANITE BBQ COUNTER
SHORT-TERM BIKE PARKING (11 RACKS)
TOTAL IMPERVIOUS HARDSCAPE AREA:
247,776 SQFT
Item No. 8A
Architecture + Planning
888.456.5849
ktgy.com
THE OAKS
THOUSAND OAKS, CALIFORNIA # 2021-0205
FORMAL SUBMITTAL
AUGUST 31, 2021
One Baxter Way LP
503 32nd St., Suite 120
Newport Beach, CA 92663
LEGEND
DRIVE ACCESS
ADA ACCESSIBLE PUBLIC AREA
SECURED RESIDENTIAL COURTYARD
SECURED POOL AREA
POOL FENCE & GATE
COURTYARD FENCE & GATE
STAIRS ACCESS
APRIL 12, 2022 SCALE: 1/64”=1’-0”
L 4.02 CIRCULATION DIAGRAM 0 32‘ 64‘ 128‘
N
Item No. 8A
Architecture + Planning
888.456.5849
ktgy.com
THE OAKS
THOUSAND OAKS, CALIFORNIA # 2021-0205
FORMAL SUBMITTAL
AUGUST 31, 2021
One Baxter Way LP
503 32nd St., Suite 120
Newport Beach, CA 92663 APRIL 12, 2022
L 4.03 MATERIALS BOARD
HARDSCAPE MATERIALS:
CONCRETE PAVING
WOOD BENCH 1
ASPHALT
WOOD BENCH 2
DECOMPOSED GRANITE
BIKE RACK
CONCRETE PAVER 1
BBQ COUNTER
CONCRETE PAVER 2
POOL FENCE
METAL EDGING
PATIO FENCE
Item No. 8A
EXHIBIT “D”
Conditions of Approval
Item No. 8A
EXHIBIT “E”
Ventura County 2022 Income Limits Chart
Item No. 8A
2022 Ventura County Income Limits
Based on current effective median income of Ventura County, as set forth in 25 Cal. Code Regs. Section 6932. These median income numbers are revised annually.
Annual Income 1 Person
Household
2 Person
Household
3 Person
Household
4 Person
Household
5 Person
Household
6 Person
Household
7 Person
Household
8 Person
Household
Acutely Low (15%) $ 12,100 $ 13,850 $ 15,550 $ 17,300 $ 18,700 $ 20,050 $ 21,450 $ 22,850 Extremely Low (30%) $ 26,350 $ 30,100 $ 33,850 $ 37,600 $ 40,650 $ 43,650 $ 46,650 $ 49,650 Very Low (50%) $ 43,900 $ 50,200 $ 56,450 $ 62,700 $ 67,750 $ 72,750 $ 77,750 $ 82,800 Lower (80%) $ 70,250 $ 80,300 $ 90,350 $ 100,350 $ 108,400 $ 116,450 $ 124,450 $ 132,500 Median (100%) $ 80,800 $ 92,300 $ 103,850 $ 115,400 $ 124,650 $ 133,850 $ 143,100 $ 152,350 Moderate (120%) $ 96,950 $ 110,800 $ 124,650 $ 138,500 $ 149,600 $ 160,650 $ 171,750 $ 182,800 As of May 13, 2022 https://www.hcd.ca.gov/grants-funding/income-limits/state-and-federal-income-limits.shtml H:\COMMON\Housing & Redevelopment\Income Limits\2022\HCD2022IncomeLimit.xlsx\Income Limits (Print) 5/17/2022 Item No. 8A
EXHIBIT “F”
Sustainability Features
Item No. 8A
The Oaks Specific Plan – Sustainability Features Matrix June 7, 2022*
SUSTAINABLE FEATURE THE OAKS SPECIFIC PLAN REFERENCE
Electric vehicle charging
stations
5.6.3 – Energy Efficiency:
• Six percent (6%) of the parking spaces within the
new industrial parking garage shall be pre-plumbed
(or pre-wired) to accommodate EV charging. The
percent of overall non-residential parking spaces
dedicated to EV charging facilities may be reduced
to 5% if all charging facilities provided are EV Fast
Charging installations.
• Ten percent (10%) of the parking spaces within the
residential garages shall be pre-plumbed (or prewired) to accommodate electric vehicle charging.
Building management could decide the appropriate
charging devices that would best fit the tenants’
needs after the building has been leased.
Dedicated Car-sharing
program
5.6.4 – Mobility Strategies:
• Provide a dedicated parking space for use by a car
sharing program (e.g., Zipcar or equivalent).
Rooftop photovoltaic (solar)
panels
5.6.3 – Energy Efficiency:
• All new buildings shall include solar panels to
reduce the energy demand on the power grid. The
number of solar panels shall be determined during
the Building Permit process and will be dependent
on the location of required roof-mounted
mechanical and ventilation equipment. The roofs
of the buildings shall include flat or low-sloping
roofs to allow for the greatest solar orientation
possible. The minimum amount of energy produced
by said solar panels shall meet all applicable
requirements.
Environmentally sourced
materials
5.6.7 – Materials Efficiency:
• Incorporate regional or locally extracted or
manufactured materials, where practicable.
Energy efficient windows and
insulation
5.6.3 – Energy Efficiency:
Item No. 8A
The Oaks Specific Plan – Sustainability Features Matrix, Cont.
June 7, 2022*
SUSTAINABLE FEATURE THE OAKS SPECIFIC PLAN REFERENCE