Agenda packet — Thousand Oaks City Council, October 25, 2022 (part 3 of 4)

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7 by the lesser of 8,000 square feet or 10 percent of the size of their existing development.  All remaining Industrial parcels over two acres (approximately 440 as of the date of this report) would be reserved for other economic generators.

Short-term economic generation could occur during self-storage facility construction activities; however, self-storage facilities would not provide long-term economic generation as they create few permanent jobs.

If the proposed self-storage facilities MCA and SPA are not adopted, new or expanded self-storage facilities could displace economic generators, such as biotech/life-science uses or commercial uses in the Thousand Oaks Boulevard Specific Plan area, Highway and Arterial Business (C-2) zone, Industrial Park (M- 1) zone, and Light Manufacturing (M-2) zone.  The potential negative impact to the General Fund has not been calculated, but the loss of funds from either short-term direct economic generation through construction and redevelopment and long- term economic generation through secondary escalators (businesses and individual high-income earners making purchases in the community) could be significant.

Please refer to the detailed analysis of the proposed MCA and SPA which is included in the Planning Commission staff report (Attachment #4).

Changes Since Planning Commission Hearing

Since the Planning Commission meeting, staff reached out to surrounding jurisdictions for self-storage square footage data as suggested by the Planning Commission. If that information is received, per capita square footage data for these sample jurisdictions will be included in the staff presentation presented to the City Council on October 25, 2022.

Staff has not received additional comments which require changes to the proposed ordinance; however, a minor clarification is proposed related to the Warehouse / Warehousing definition.

Community Outreach

Notification for this public hearing, and the Planning Commission hearing, was conducted in compliance with the Thousand Oaks Municipal Code.

City staff contacted all 15 of the existing self-storage operators in the City and an additional four developers and brokers who had identified themselves as interested self-storage facilities parties. City staff shared the proposed regulations and the upcoming public hearing dates.  The existing operators opined that the proposed modifications would make it difficult for new self-storage facilities to develop.  No members of the development community accepted the invitation to review the Item No.8A

Self-Storage Facilities MCA (2022-70571) and SPA (2022-70799) October 25, 2022

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4 1
7 proposed regulations.

City staff also notified the Thousand Oaks Boulevard Association of the proposed Amendment to SP 20.

COUNCIL GOAL COMPLIANCE:

Meets the following City Council goals:

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

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

PREPARED BY: Scott Kolwitz, Sr. Planner
Attachments:

Attachment #1 – City Council Ordinance No. 1696-NS Moratorium Attachment #2 – City Council Ordinance No. 1697-NS Moratorium and Initiating Municipal Code and Specific Plan Amendment
Attachment #3 – MCA and SPA Ordinance
Attachment #4 – PC Staff Report with Attachments #1 through #8 (including signed Planning Commission Resolution No. 14-2022 PC) cdd:660-21/Staff Report-Planning Cmsn/pz (FILE ID: MCA 2022-70571 & SPA 2022-70799) Item No.8A

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Item No.8A

Item No.8A

DocuSign Envelope ID: 5A35291F- BC8B- 45B1- A1B7- 5599E403B69C ORDINANCE NO. 1697- NS

AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF THOUSAND OAKS EXTENDING ORDINANCE NO.
1696- NS, WHICH DECLARED A TEMPORARY MORATORIUM ON

THE APPROVAL OR ISSUANCE OF ANY PERMIT, LICENSE, OR

ENTITLEMENT RELATING TO APPLICATIONS FOR SELF -

STORAGE FACILITIES

RFC' ITAI R,
WHEREAS, on January 25, 2022, the City Council of the City of Thousand Oaks adopted Urgency Ordinance No. 1696- NS, which declared a moratorium on the approval or issuance of any permit, license, or entitlement relating to applications for the construction of new self - storage facilities; and WHEREAS, Ordinance No. 1696- NS contained a statement of facts and findings that the City currently had fifteen self -storage facilities and was experiencing an increase in the number of inquiries and applications for self - storage facilities and that City had valid concerns that an increase in such facilities may be inconsistent with the City' s General Plan, land use policies, and other land use goals and, therefore, City needed to cease accepting and processing any more applications to have additional time to study and evaluate impacts for appropriate land use regulations; and
WHEREAS, pursuant to California Government Code Section 65858, Ordinance No. 1696- NS expires 45 days from January 25, 2022; and WHEREAS, since the adoption of Ordinance No. 1696- NS, staff have started to outline the steps necessary for thoroughly analyzing the issues related to self -storage facilities and have presented a request to initiate an amendment to the City' s General Plan and land use categories for said use; and WHEREAS, since the adoption of Ordinance No. 1696- NS, City staff have engaged CSG Consultants, Inc. to assist in conducting additional research and possible City regulations that would be presented to City Council for future consideration; and
WHEREAS, additional research and analysis is merited before bringing the issue back to City Council for review and deliberation; and WHEREAS, the City Council, upon giving the required notice, on the 22nd day of February, conducted a duly -advertised public hearing as prescribed by law to consider extending for 10 months and 15 days Urgency Ordinance No. 1696- NS, which declared a moratorium on the approval or issuance of any permit, ATTACHMENT #2
Item No.8A

DocuSign Envelope ID: 5A35291F- BC8B- 45B1- A1B7- 5599E403B69C license, or entitlement relating to applications for the construction of self -storage facilities; and
WHEREAS, at the February 22, 2022, public hearing, oral and written evidence, including a staff report, recommendations and testimony from the public were presented and received, and arguments were heard from all interested parties appearing on the matter; and
WHEREAS, a moratorium which halts development and construction of self - storage facilities until additional analysis can be done on the impacts of such use on the City' s land use plans and policies is not an activity that would affect the environment and, therefore, is an activity covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment; and
WHEREAS, forty- five days from the date of adoption of Ordinance No. 1696- NS is not sufficient time to adequately complete a study of underlying issues that additional self -storage facilities would have on the public safety, health, and welfare of the residents of the City of Thousand Oaks, nor to prepare appropriate regulations for adoption; and
WHEREAS, the provisions of California Government Code Section 65858 allow an interim moratorium ordinance to be extended an additional ten months and fifteen days, providing proper notice is given, a public hearing is held, and the ordinance extending the interim moratorium ordinance is adopted by a four -fifths vote of the City Council.

THEREFORE, BASED ON THE FOREGOING RECITALS, THE CITY
COUNCIL OF THE CITY OF THOUSAND OAKS DOES ORDAIN AS FOLLOWS:

Section 1. The City Council does hereby find and determine that based upon the facts set forth in the recitals to this Ordinance, the staff report made to the City Council, and the evidence, discussion and findings made by City Council in adopting Ordinance No. 1696- NS and in issuing a report and receiving testimony on February 22, 2022, which such facts and findings are incorporated herein by reference thereto, there is a current and immediate threat to the public health, safety, and welfare, because the City has a high number of self -storage facilities already constructed and in use within its jurisdiction and the potential increase in such facilities may be in conflict with existing or contemplated general plan, specific plan, or zoning proposals that the legislative body, planning commission, or planning department is considering or that will be studied and considered within a reasonable time.

Section 2. The recitals, text, moratorium, and findings made in Ordinance No. 1696- NS are reaffirmed, readopted, and incorporated into this ordinance by reference. In accordance with Government Code Section 65858 and CAO: 650- 90\ pjh\ Legal Files\ Self- Storage Facilities \ Extending Urgency Ordinance

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ORD. NO. 1697- NS
Item No.8A

DocuSign Envelope ID: 5A35291F- BC8B- 45B1- A1B7- 5599E403B69C pursuant to the findings set forth above, the City Council hereby: ( 1) finds that there continues to exist a current and immediate threat to the public health, safety, and welfare requiring this moratorium; ( 2) finds that this moratorium is necessary for the immediate preservation of the public peace, health, and safety; and ( 3) declares and extends the interim urgency ordinance and moratorium for an additional 10 months and fifteen days from March 11, 2022.

Section 3. This Ordinance is an urgency ordinance adopted pursuant to the provisions of Government Code section 65858 and shall be adopted by four - fifths vote of the City Council. The facts supporting the determination of urgency are as set forth in Section 1 of this Ordinance. This Ordinance shall be effective immediately upon adoption.

Section 4. City Staff are directed to continue to study and analyze issues related to the self -storage locations, uses, and land use impacts, including but not limited to, the potential modifications to development standards, potential impacts of self -storage facility use on the public health, safety, and welfare of the community, possible new zoning regulations and other land use analysis reasonably related to such uses.

Section 5. Staff is further directed to provide a written report to City Council as required by Section 65858 of the California Government Code prior to the expiration of this ordinance, describing actions taken or to be taken for the study of the land use conditions related to self -storage facilities along with any recommendation of a course of action.

Section 6. The City Council exercises its independent judgment and finds that this ordinance is not subject to the California Environmental Quality Act CEQA) pursuant to CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3 Section 15061 ( b)(3) as the activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. A moratorium which halts development and construction of self - storage facilities until additional analysis can be done is not an activity that would affect the environment.

Section 7. The City Clerk shall certify to the passage and adoption of this ordinance and its approval by the Mayor and shall cause a summary of the same to be published in the Ventura County Star, a newspaper of general circulation, published, and circulated in the City of Thousand Oaks.

Section 8. Severability. If any section, subsection, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this title; it being hereby expressly declared that this title, and CAO: 650- 90\ pjh\ Legal Files\ Self- Storage Facilities \ Extending Urgency Ordinance

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ORD. NO. 1697- NS
Item No.8A

DocuSign Envelope ID: 5A35291F- BC8B- 45B1- A1B7- 5599E403B69C each section, subsection, sentence, clause and phrase hereof, would have been prepared, proposed, adopted, approved and ratified irrespective of the fact that anyone or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

PASSED AND ADOPTED THIS 22ndday of February, 2022, by the following vote:

Ayes: Councilmembers Bill - de la Pena, Adam, McNamee, Jones, and Mayor Engler
Noes: None

Absent: None
LDocuSigned
by:

Bob Engler Mayor
City of Thousand Oaks, California
ATTEST/ CERTIFY:

DocuSigned by:

Cynthia M. Rodriguez, City Clerk
2/ 24/ 2022
Date Attested:

APPROVED AS TO FORM:

Office of the City Attorney
DocuSigned by:

P. t'" Y. #.I-i'
nQR1999QR9AAARR
Patrick J. Hehir, Chief Assistant City Attorney
APPROVED AS TO ADMINISTRATION:

DocuSigned by:

A0R7d79Q1rRr: d911
Andrew P. Powers, City Manager
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the City of Thousand Oaks City Council on the date cited above.

CAO: 650- 90\ pjh\ Legal Files\ Self- Storage Facilities \ Extending Urgency Ordinance

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ORD. NO. 1697- NS
Item No.8A

cdd:660-21 /City Council Ordinance (FILE ID: MCA-2022-70571, SPA 2022-70799)

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ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF THOUSAND OAKS AMENDING THE

THOUSAND OAKS BOULEVARD SPECIFIC PLAN
(SP-20), AND THE THOUSAND OAKS MUNICIPAL
CODE BY ADDING SECTION 9-4.2528 IN ARTICLE
25 TO TITLE 9, CHAPTER 4; AMENDING SECTION
9-4.202 IN ARTICLE 2 TO TITLE 9, CHAPTER 4;
AMENDING SECTIONS 9-4-2105 AND 9-4-2106 IN
ARTICLE 21 TO TITLE 9, CHAPTER 4; AND
AMENDING SECTION 9-4.2402 IN ARTICLE 24 TO
TITLE 9, CHAPTER 4, TO MODIFY EXISTING

STANDARDS AND ESTABLISH NEW

DEVELOPMENT AND ZONING STANDARDS

RELATED TO SELF-STORAGE, MINI-STORAGE,
AND SIMILAR USES IN CERTAIN ZONES. (MCA-
2022-70571, SPA 2022-70799)
The City Council of the City of Thousand Oaks does hereby ordain as follows:

Part 1
Section 9-4.2528 (Self-storge facilities) of Article 25 of the Thousand Oaks Municipal Code is added to read as follows:

Section 9-4.2528 of the Thousand Oaks Municipal Code is added to read as follows:

Sec. 9-4.2528. Self-Storage Facilities
(a) Intent and purpose. The intent and purpose of this section is to define where a self-storage facility may be permitted within the City of Thousand Oaks and to provide development requirements, design guidelines, and operational standards and limitations imposed for such facilities. Section 9-

4.202 of the Thousand Oaks Municipal Code provides a definition for such facilities.
(b) Permitted: Conditions and limitations. Self-storage facilities may be a primary use in the M-1 and M-2 zones if a Special Use Permit application has been approved by the Planning Commission and as provided by Article 18 of this chapter. The physical building the self-storage facility use is located within is subject to the prescribed zoning district standards and permitting process, unless otherwise stated in the following standards:

ATTACHMENT #3
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(1) Zoning Designation. Self-Storage facilities are only allowed in the M-1 and M-2 zones with the approval of a Special Use Permit. (i) Distance standards. Self-storage facilities are prohibited to be located within 1,000 feet of Route 101 Freeway or Route 23 Freeway, and within 500 feet of any arterial roads as measured from the nearest property lines and/or easement boundaries, whichever provides the greater distance. If any portion of a parcel is located within these linear distances, the whole of the subject lot is prohibited from containing a self-storage facility. (ii) Minimum lot size. Minimum lot size is 20,000 square feet. (iii) Maximum lot size. Maximum lot size is two (2) acres (87,120 square feet).
(iv) Setbacks. Each facility shall maintain a minimum setback as prescribed for the zone and lot type provided in Article 25, sections 9-4.2504, 2505, 2508, except as follows:
aa.Setbacks, Front: If ground floor office, retail, restaurant, and or caretaker unit is provided along the entire front of the structure on the street frontage, then the flowing standards shall apply:
i. M-1: minimum of 100 feet from the centerline of the
public street.
ii. M-2: Ten (10’) feet. For structures exceeding 30 feet in height, an additional one (1’) foot for each two (2) feet in height is required.
bb.If the above-mentioned ground floor uses are not provided, the building must be placed behind another building on the same parcel with a minimum setback of one hundred (100') feet from the property line along the street frontage.
(v) Maximum height. Thirty-five (35’) feet in height.
(2) Architectural Standards. Self-storage facilities shall comply with the following design standards:
(i) Single uninterrupted wall panes shall be softened with the use of staggering vertical walls a minimum of six (6”) inches, roof overhangs designed for solar shading, and deep reveals at construction joints.
(ii) 360-degree building architecture is required. The buildings shall adhere to the City of Thousand Oaks adopted Design Guidelines for Commercial Development Projects and Industrial Projects, which may be amended from time to time.
(iii) Colors and materials. Contrasting colors, patterns, textures and finished shall be used to add variety and interest to structures.

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aa.Muted earth tone colors (such as off-white, ochre, sienna, umber, beige, tan, brown, or other similar subdued colors) are required for primary building surfaces. Richer color accents may be used on limited architectural elements, such as, covered entries, window awnings and solar shading elements, and fascia elements, but not tower elements.
bb.Materials. A maximum of four exterior building materials are permitted. Materials such as masonry, brick, concrete, or wood can be combined to attractively define scale
(iv) Windows and Doors. Window configurations shall be compatible with the design of the building. Recessed openings shall be used to provide contrast by varying patterns of shades, sunlight, and depth. Storefront glass systems are required for the office, retail, and restaurant spaces. Regular intervals of glazing is required on the remainder of the building fronting the public right-of-way.

No spandrel glass to be used on the building’s exterior façade. aa.Entrances and access.
i. Pedestrian friendly elements, such as trellises,
pergolas or landscaped allées in parking areas leading
to the main entrance and along the building fronting the public right-of-way are required.
ii. Self-storage facilities shall not have individual
entrances to storage units accessible from the exterior of the building. Access to self-storage units shall be from enclosed interior corridors, except self-storage
units for the storage of motorcycles, automobiles, or
recreation vehicles which are accessed by a 26-foot-
wide drive-aisle with adequate circulation for fire
engines to access each ground level unit. Exterior
access for storage units for motorcycles, automobiles,
or recreation vehicles are to be fully screened by the
building from the street.
(v) A dedicated covered loading zone located at building entrances connected to the interior corridors measuring twelve (12’) feet wide by twenty (20’) feet deep and fourteen (14’) feet clear is required for each 10,000 square feet of gross floor area and must be screened from the public right-of-way.
(vi) Elevators, lifts, or ramps are required for all self-storage facilities which are two-stories or taller.
(vii) Roofs. A variety of roof shapes and forms shall be utilized to add character and diversity. Appearance of roofs shall be improved with the use of steeper roof slopes and integrated fascia’s, darker colors, concealed fasteners, and other treatments.

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(viii) Mechanical equipment. Mechanical equipment shall be located on the rooftop, screened with parapet walls, mechanical recesses, or other means.
(ix) Landscaping. Landscaping shall minimize the visual dominance and break the visual continuity of the surface area parking areas, shall compliment on-site pedestrian circulation and amenities, and serve to moderate pavement temperature.
(x) Screening of parking areas. Parking areas shall be screened form the public right-of-way. Screening may include decorative walls, landscaped berms, shrubs, trees, and other landscaping or other screening methods as deemed appropriate by the Community Development Director or designee.
(3) Operational Standards. Self-storage facilities shall include the following operational standards:
(i) Individual Rental Storage Unit. No individual rental storage space shall exceed five hundred (500) square feet.
(ii) Climate controlled. All self-storage units shall be individually climate controlled and maintained at a temperature of 55 to 80 degrees Fahrenheit, and 50% to 55% humidity.
(iii) Lighting. The use of lighting must be integrally designed as part of the built environment and should reflect a balance of the lighting needs for the self-storage facility and surrounding nighttime characteristics of the community.
aa.Lighting should be designed to minimize glare and light spillover and maximize energy conservation.
bb.Full cut-off fixtures reduced mounting heights, and the use of shielding should be utilized to effectively control glare and light trespass.
cc. Maximum height of any light standard shall be fourteen (14’) feet.
dd.Low pressure sodium and mercury vapor lamps are
prohibited.
ee.Photometric plans are required with all applications requesting self-storage facility lighting.
(iv) Backup power. Each self-storage facility shall be equipped with a back-up generator or photovoltaic and battery system capable of powering the entire facility for a minimum period of 12 hours. (v) Security Features. Prior to commencing the self-storage facility operation, the facility shall install automatic pedestrian and vehicle gates with electronic access, individual door alarms, surveillance cameras and monitoring stations.
aa.Pedestrian and vehicle gates shall be architecturally compatible with the structure as determined by the
Community Development Director. The location and operation of the gates shall not interfere with the pedestrian and vehicle Item No.8A

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movement in the public right-of-way as determined by the Public Works Director. Access to open the gates must be provided in accordance with emergency services
requirements.
bb.Door alarms, surveillance cameras and monitoring station systems shall be maintained at a reasonable industry
standard and shall be operated 24-hours a day to monitor, at a minimum, the entrances and exits, any centralized point of sale and areas immediately surrounding the exterior of the business. Specifics of the systems, and any upgrades to the systems, shall be developed by the applicant in consultation with and approved by the City’s Police Department.
(4) Mixed Use. Mixed Use. For parcels that front onto a public street, mixed uses of office, retail, restaurant, and or caretaker uses are required on the ground floor along the entire frontage of the building. Street-level nonresidential active uses shall occupy the street level floor area for a minimum depth of twenty (20’) feet.
(5) Caretaker Unit. Caretaker Unit. A self-storage facility shall include one on-site caretaker unit for one or more persons employed by and residing at the self-storage facility, in addition to one on-site management office for the purpose of on-site management and security.
(i) The caretaker unit shall have individual entrances, directly accessible to the exterior of the self-storage facility structure and placed in a location nearest the public-right-of-way within the self- storage facility building. The caretaker unit is not required to have direct access to the management office.
(ii) An annual affidavit shall be submitted to the Community Development Director, which states that the unit is occupied by one or more persons employed by the self-storage facility, the number of people living in the unit, and the annual rental rate of the caretaker unit.
(iii) Occupancy of the caretaker’s unit shall be contingent upon the continual operation of the self-storage facility; and the caretakers unit use shall immediately cease if the storage facility ceases its operation.
(6) Accessory Uses. Accessory exterior storage within secured transportable units shall be confined to the area to the rear of the principal building, or the rear two-thirds of the property, whichever is more restrictive. The units shall be placed on hardscape material and screened from view from any property line by appropriate walls, fencing, earth mounds, or landscaping. Exterior storage shall not displace required parking or landscaping.
(7) Prohibitions.

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(i) The following are prohibited in a self-storage unit aa.Habitation.
bb.Storage of toxic or hazardous materials.
cc. Sale or distribution of stored goods.
dd.Operation of any business.
(ii) The following are prohibited from a self-storage operation:
a. Truck rental and the exterior storage of recreational vehicles and boats is prohibited from and on the property.
(8) Existing Self-storage Facilities.
(i) Existing Uses deemed approved.
aa.All permitted legal nonconforming self-storage facilities in existence and lawfully operating in the city immediately prior to the effective date of this Section shall be considered a “deemed approved” self-storage facility.
bb.A deemed approved facility may continue to lawfully operate consistent with issued permits.
cc. Modifications and additions to a deemed approved facility can be processed in conformance with the standards set forth in Section 9-4.2702 Nonconforming Buildings and Uses. Any addition of square footage to a deemed approved facility shall require the deemed approved facility to provide the caretaker unit and related parking. The new addition shall be required to implement all of the Architectural and Operational
Standards to and within the addition and may upgrade the rest of the deemed approved facility to be in compliance with the Architectural and Operational standards.
dd.Any discontinuance of a deemed approved facility for six or more months shall be deemed abandoned and require
approval of a new Special Use Permit and a Development
Permit or Minor Modification in compliance with this Chapter.

Part 2
The following definition is deleted from Section 9-4.202 (Definitions) of Article 2 of the Thousand Oaks Municipal Code:
“Warehouse” shall mean a building or buildings used primarily for the storage of goods of any type when such building contains more than five hundred (500) square feet of storage space and where no assembly, manufacturing, or retail operation is conducted within the use.

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The following definitions are added to Section 9-4.202 (Definitions) of Article 2 of the Thousand Oaks Municipal Code:
“Caretaker Unit” shall mean a dwelling unit provided as an accessory use for a person employed to take care of the building and property on which the caretaker unit is located.
“Mezzanine” shall be considered a portion of the story below. Such mezzanines shall not contribute to number of stories but the mezzanine’s area shall be included in the total building square footage. The clear height above and below the mezzanine floor construction shall be not less than seven (7’) feet. “Self-storage” shall mean a building or buildings containing various sizes of storage compartments, stationary or portable, wherein each compartment is offered for rent or lease for the private storage of materials to the general public or businesses, who are to have access to space for the purpose of storing and removing property or for individual storage containers but not the sale of materials.

Self-storage does not include a garage or other storage area in a private residence, warehouse, or a public utility. Also known as “mini-storage”, “mini-warehousing”, and “personal storage”, as commonly referred to in the industry. “Warehousing” shall mean the storage of materials to be used in manufacturing processes and or finished products which are intended to be distributed and or sold. These materials and products are to be kept entirely within a building. Such facilities may include loading facilities and management offices. Product distribution facilities where the materials, products and or goods to be moved/transferred are stored entirely within a building are also included. No assembly, manufacturing, or retail operation is conducted within the building. This use class does not include self-storage facilities, storage and transport of recycled/solid waste or storage of hazardous materials. “Wholesaling” shall mean the indoor storage and distribution of merchandise, packages, and bulk goods. Retail sales to the public are not included. This classification includes importing and sale of imported goods, wholesale distribution, and the wholesale of vehicles, provided there are no retail sales or repair, and the vehicles are stored within a building. Associated activities, such as packaging and crating, and incidental loading facilities and management offices are included.

Part 3
Section 9-4.2105 (Permitted use matrix – Non-Residential zones) of Article 25 of the Thousand Oaks Municipal Code is amended to read as follows:

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Non-Residential Zoning Classifications
M-1 M-2Land Use
Category
C-O C-1 C-2 C-3 C-4 C-2/AM
For meaning of
DP/SUP1 see
footnote at end of
matrix

P-L O-S
…
Warehousing, storage and distribution
Contractor
storage yards
DP/
SUP1
DP/
SUP1
Equipment
rental, repair
and storage
businesses,
per limitation
in Sec. 9-

4.2106(dd)

SUP DP/
SUP1
DP/
SUP1
Ice and cold
storage
plants
DP/
SUP1
Public
maintenance
and storage
yards
SUP
Self-storage
(mini-storage)
per limitation
of Sec.
9-4.2528
DP &
SUP2
DP &
SUP2
Storage yards
for transit and
transportation
equipment
DP/
SUP1
DP/
SUP1
Warehouses SUP DP/
SUP1
DP/
SUP1
Wholesale
businesses,
storage
buildings and
warehouses
DP/
SUP1
DP/
SUP1
General Note:

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1. In the M-1 and M-2 zones, the entry " DP/SUP1" means that a development permit is required if the use is located more than four hundred (400') feet from any existing residentially zoned property. Otherwise, a special use permit with Planning Commission review is required. The entry SUPA/SUP1 means that if the use is located more than four hundred (400') feet from any existing residentially zoned property, then the use requires an administrative special use permit.

Otherwise, a special use permit with Planning Commission review is required.

2. A Development Permit is required for the structure. A Special Use Permit is required for the self-storage facility use.

Part 4
Section 9-4.2106 (Limitations on specific uses) of Article 25 the Thousand Oaks Municipal Code is amended to delete the following language and retain the remaining language:
…
(ee) Self storage facilities in C-2 zone. In the C-2 zone, self-storage buildings limited to public use and rental are subject to the following conditions and limitations:
(1) Office and/or retail development shall be a component of the same development and shall be located on the street frontage; (2) Self-storage buildings shall be located behind the office and/or retail building(s) with a minimum setback of one hundred (100') feet from the property line along the street frontage;
(3) The maximum size of the self storage facility shall not exceed five (5) acres, and no individual rental storage space shall exceed five hundred (500) square feet; (4) Self-storage buildings shall be permissible only on parcels legally created prior to July 1, 2011, which as of that date have a lot depth that is more than four (4) times the lot width.
…
Part 5
Section 9-4.2402 (Parking spaces required) of Article 24 of the Thousand Oaks Municipal Code is amended to read as follows:

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Every use hereby inaugurated and every building or structure hereafter erected or altered shall have permanently maintained parking spaces in accordance with the provisions as set forth in this section.

The number of off-street parking spaces required shall be no less than the following:

Use Parking Spaces Required
(a) Residential types
…
(8) Dwelling, Caretaker Unit Two (2) spaces (enclosed or covered) per unit, plus one (1) additional space
per unit for guest parking.
…
(d) Manufacturing types:
…
(6) Self-storage facility
Five (5) minimum spaces per self-
storage facility, consisting of one (1)
space for every one-hundred (100)
storage units or fraction thereof with a
minimum of three (3) spaces being
provided and two (2) additional spaces
for the manager’s office.

Required parking spaces shall not be
rented as or used as vehicular storage.

Part 6
Appendix A of the Thousand Oaks Boulevard Specific Plan (SP-20) is amended to read as follows:
…
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Thousand Oaks Boulevard Specific Plan Land Use Table
Land Uses
Frontage on
Thousand
Oaks
Boulevard
Adjacent to a
Residential
Zone or existing
stand-
alone Residential
Other Area
within
Specific
Plan*
- Liquor stores
- Garden centers
P
P
P
SUP(A)
P
P
Over 20,000 square
feet in size

SUP(A) SUP(A) SUP(A)
S
Schools, special
instruction
- Dance, music
martial arts
- Art, computer,
language, tutoring,
testing centers,
weight control and
driving
P
P
SUP(A)
P
P
P
Schools, trade and
vocational
NP P P
Self-storage facilities NP NP NP
Smoking
lounges/cafes (cigar
and hookah)

SUP(A) NP SUP(A)
Storage yards for
transit and
transportation
equipment

NP NP SUP(A)
T
Telephone answering
services
NP P P
Temporary use (Per
TOMC)
P P P
NP= Not Permitted P=Permitted SUP(A)= Administrative special Use Permit SUP(PC)=Planning Commission Special Use Permit
*Note: Other Areas include buildings that are located behind buildings which front Thousand Oaks Boulevard.

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…
Part 7
(Uncodified)
Severability
If any section, subsection, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this title; it being hereby expressly declared that this title, and each section, subsection, sentence, clause and phrase hereof, would have been prepared, proposed, adopted, approved and ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

Part 8
(Uncodified)
Effective Date
This Ordinance shall take effect on the thirty-first (31st) day following its final passage and adoption.

PASSED AND ADOPTED THIS XXth DAY OF XXX, 2022, by the following vote:

Ayes:

Noes:

Absent:
________________________________
Bob Engler, Mayor
City of Thousand Oaks, California
ATTEST/CERTIFY:
__________________________
Cynthia M. Rodriguez, City Clerk
Date Attested: ______________
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APPROVE AS TO FORM:

Office of the City Attorney
_________________________
Tracy M. Noonan, City Attorney
APPROVE AS TO ADMINISTRATION:
________________________________
Andrew P. Powers, City Manager
Introduced:

Published:

Ordinance No.: XXXX-NS
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the City of Thousand Oaks City Council on the date cited above.

Item No.8A

CITY OF THOUSAND OAKS

PLANNING COMMISSION
RESOLUTION NO. 14-2022 PC

A RESOLUTION OF THE PLANNING COMMISSION

OF THE CITY OF THOUSAND OAKS

RECOMMENDING THAT THE CITY COUNCIL

ADOPT AN ORDINANCE AMENDING THE

STANDARDS AND ESTABLISH NEW

DEVELOPMENT AND ZONING STANDARDS

RELATED TO SELF-STORAGE, MINI-STORAGE,
AND SIMILAR USES IN CERTAIN ZONES. (MCA-
2022-70571, SPA 2022-70799)
Applications: MCA-2022-70571, SPA -2022-70799
Applicant: City of Thousand Oaks
Location: Citywide
SECTION 1
The Planning Commission of the City of Thousand Oaks, California, DOES RESOLVE AS FOLLOWS:

WHEREAS, on January 25, 2022, the City Council of the City of Thousand Oaks adopted Urgency Ordinance No. 1696-NS to impose a 45-day moratorium on City approval or issuance of any permit, license, or entitlement relating to applications for the development and construction of self-storage facilities; and cdd:660-21/Planning Cmsn Reso/pz (FILE ID: MCA-2022-70571, SPA 2022-70799)

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ATTACHMENT #4
Item No.8A

WHEREAS, on February 22, 2022, before the 45-day expiration on March 11, 2022, the City Council of the City of Thousand Oaks adopted Urgency Ordinance No. 1697-NS extending for 10 months, 15 days (total of 1 year) the urgency ordinance adopted on January 25, 2022, that declared a moratorium on City approval or issuance of any permit, license, or entitlement relating to applications for the development and construction of self-storage facilities; and WHEREAS, Ordinance Nos. 1696-NS and 1697-NS contained statements of facts and findings that the City currently had fifteen self-storage facilities and was experiencing an increase in the number of inquiries and applications for self storage facilities and that City had valid concerns that an increase in such facilities may be inconsistent with the City's General Plan, land use policies, and other land use goals and, therefore, the City needed to cease accepting and processing any more applications to have additional time to study and evaluate impacts for appropriate land use regulations; and
WHEREAS, Staff was directed to study and analyze issues related to the self-storage locations, uses, and land use impacts, including but not limited to, the potential modifications to development standards, potential impacts of self-storage facility use on the new public health, safety, and welfare of the community, possible new zoning regulations and other land use analysis reasonably related to such uses; and
WHEREAS, Staff was directed to provide a written report as required by Section 65858 of the California Government Code prior to the expiration of Ordinance Nos. 1696-NS and 1697-NS, describing actions to be taken related to self-storage facilities; and
WHEREAS, the Thousand Oaks Municipal Code (TOMC) currently regulates the development and use of land for self-storage; and WHEREAS, Staff has researched and analyzed new definitions, land use regulations, design standards and industry operations and trends in order to recommend a newly proposed ordinance for the Planning Commission's consideration; and
WHEREAS, the Planning Commission, upon giving the required notice, did, on the 10th day of October 2022, conduct a duly advertised public hearing as prescribed by law to consider said application; and
WHEREAS, at the October 10, 2022 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. cdd:660-21/Planning Cmsn Reso/pz (FILE ID: MCA-2022-70571, SPA 2022-70799)

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Item No.8A

NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission recommends that MCA-2022-70571 and SPA 2022-70799 be approved by the City Council of the City of Thousand Oaks by the adoption of an ordinance to amend the Thousand Oaks Municipal Code and Thousand Oaks Boulevard Specific Plan (SP-20) to modify existing standards and establish new development and zoning standards related to self-storage, mini-storage, and similar uses in certain zones.

SECTION 2
WHEREAS, the findings of the Planning Commission for recommending approval of said Municipal Code Amendment application MCA-2022-70571 and Specific Plan Amendment application SPA-2022-70799 are as follows:

1. "The project is consistent with the Thousand Oaks General Plan and any applicable specific plan or redevelopment plan" per TOMC Sec. 9-4.2803(c)(1).

The proposed Municipal Code Amendment (MCA) and Specific Plan Amendment (SPA) are consistent with the following Goals and Policies of the General Plan because the City is using location based regulations to allow for self-storage facilities while reserving prominent lands for economic generators, such as biotech/life-science uses or commercial uses which typically generate more permanent jobs in a comparable square footage, and because the City is using an appropriate tool of design standards and regulations provide attractive self-storage facilities which meet fundamental design principles and expectations for the City:

Goal
• To enhance and preserve the spaciousness and attractiveness of the Conejo Valley.
• To develop appropriate additional tools enabling commercial, industrial and residential development to flourish in an efficient and compatible manner.
• To encourage commercial facilities which satisfy the Valley's mercantile needs, arranged and located to provide convenient access and compatibility with adjoining use through proper design.
• To provide the framework for a planned and unified community containing a balance of living, working, shopping, educational, civic, cultural and recreational facilities.

Policies - General Development
• Through good design and the implementation of appropriate development tools, a freeway corridor image will be created making Thousand Oaks visually distinct from surrounding communities, retaining the special qualities of the landscape, viewshed and open space which originally attracted people to the area.
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Item No.8A

• Highly intensive land uses--major industrial and commercial centers--should be located in proximity to or within easy access of the Ventura Freeway corridor.

Policies - Commercial
• Strengthen the City's commercial core area by improving and enhancing retail, office and service uses.

Policies - Commercial/Industrial
• Employment centers which provide industrial and commercial employment, consistent with community needs, shall be
encouraged.

Policies - Industrial
• The City shall continue to encourage light industries that are highly specialized, scientific or research-oriented.
• Small industrial areas in the Thousand Oaks Boulevard Corridor/ Central City Area should be retained for light manufacturing and related uses.

Therefore, the proposed MCA and SPA are consistent with the City's adopted General Plan.

2. "The project complies with all applicable laws, regulations and policies, including the Thousand Oaks Municipal Code" per TOMC Sec. 9-4.2803(c)(2).

The MCA and the SPA, which amends the Thousand Oaks Municipal Code Title 9 and Thousand Oaks Boulevard Specific Plan (SP-20), is consistent with the City policies. Specifically, this MCA and SPA will modify existing standards and establish new development and zoning standards related to self-storage, mini-storage, and similar uses in certain zones consistent with the General Plan Goals and Policies identified above in Finding 1.

Therefore, the proposed MCA and SPA are consistent with all applicable laws, regulations, and policies.

3. "The project will not be detrimental to the public health, safety or general welfare" per TOMC Sec. 9-4.2803(c)(3).

The proposed MCA and SPA consist of amending the current zoning regulations to create new location based criteria, design requirements and standards for self-storage land uses. There is no associated physical development proposed as part of this MCA or SPA. Any new construction or major alteration/addition that would result from the adoption of this MCA or SPA are required to undergo its own separate review as part of the process outlined in said amendments. ·
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Item No.8A

By adopting the MCA and SPA, the City is ensuring that the self-storage land uses are regulated through detailed development and design standards with consideration to location in certain zones, located in less visible locations, and subject to development and operational requirements.

The proposed project will not be detrimental to the health, safety, or general welfare per TOMC Sec.9-4.2803(c)(3).

4. "The project has been reviewed in conformance with the provisions of the California Environmental Quality Act" per TOMC Sec. 9-4.2803(c)(4).

The Project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Sections 15060(c)(2) and (3) and 15061 (b )(3) as " ... CEQA applies only to projects which have the potential for causing a significant effect on the environment.

Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA." The proposed MCA and SPA will restrict the construction of new self-storage facilities to the M-1 and M-2 zones subject to future discretionary permit entitlements. No new development or intensification of development would result from the MCA and SPA, and any future proposed developments would be subject to their own project specific environmental review. Therefore, the Project would not have a significant effect on the environment and is exempt from further review under CEQA.

SECTION 3
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends that City Council approve the Municipal Code Amendment 2022- 70571 and Specific Plan Amendment 2022-70799 set forth and attached hereto and made a part hereof.

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 10th day of October 2022, by the following vote:

AYES:

NOES:

ABSENT:

Commissioners Lanson, McMahon, and Chair Newman
Commissioners Buss, and Link
None
ABSTAIN: None
/ -~ l- --;;z_ D~ ~ ~n, Chair
Planning Commission
Jo n M. Dugan, cretary
anning Commission
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ORDINANCE NO. __________

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF THOUSAND OAKS AMENDING THE

STANDARDS AND ESTABLISH NEW

DEVELOPMENT AND ZONING STANDARDS

RELATED TO SELF-STORAGE, MINI-STORAGE,
AND SIMILAR USES IN CERTAIN ZONES. (MCA-
2022-70571, SPA 2022-70799

The City Council of the City of Thousand Oaks does hereby ordain as follows:

Part 1

Section 9-4.2528 (Self-storge facilities) of Articl e 25 of the Thousand Oaks Municipal Code is added to read as follows:

Section 9-4.2528 of the Thousand Oaks Municipal Cod e is added to read as follows:

Sec. 9-4.2528. Self-Storage Facilities
(a) Intent and purpose. The intent and purpose of this section is to define where a self-storage facility may be permitted within the City of Thousand Oaks and to provide development requirements, design gui delines, and operational standards and limitations imposed for such facilities. Section 9-

4.202 of the Thousand Oaks Municipal Code provides a definition for such facilities.
(b) Permitted: Conditions and limitations. Self-sto rage facilities may be a primary use in the M-1 and M-2 zones if a Special U se Permit application has been approved by the Planning Commission and as provided by Article 18 of this chapter. The physical building the self -storage facility use is located within is subject to the prescribed zoning district standards and permitting process, unless otherwise stated in the following standards:

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(1) Zoning Designation. Self-Storage facilities are only allowed in the M-1 and M-2 zones with the approval of a Special Use Permit. (i) Distance standards. Self-storage facilities are prohibited to be located within 1,000 feet of Route 101 Freeway or R oute 23 Freeway, and within 500 feet of any arterial roads as measured from the nearest property lines and/or easement bou ndaries, whichever provides the greater distance. If any portion of a parcel is located within these linear distances, the whole of the subject lot is prohibited from containing a self-storage facility. (ii) Minimum lot size. Minimum lot size is 20,000 s quare feet. (iii) Maximum lot size. Maximum lot size is two (2) acres (87,120 square feet).
(iv) Setbacks. Each facility shall maintain a minim um setback as prescribed for the zone and lot type provided in Ar ticle 25, sections 9-4.2504, 2505, 2508, except as follows:
aa. Setbacks, Front: If ground floor office, retail , restaurant, and or caretaker unit is provided along the entire fron t of the structure on the street frontage, then the flowing standards shall apply:
i. M-1: minimum of 100 feet from the centerline of the
public street.
ii. M-2: Ten (10’) feet. For structures exceeding 3 0 feet in height, an additional one (1’) foot for each two (2 ) feet in height is required.
bb. If the above-mentioned ground floor uses are no t provided, the building must be placed behind another building on the same parcel with a minimum setback of one hundred ( 100') feet from the property line along the street frontage.
(v) Maximum height. Thirty-five (35’) feet in heigh t.
(2) Architectural Standards. Self-storage facilitie s shall comply with the following design standards:
(i) Single uninterrupted wall panes shall be soften ed with the use of staggering vertical walls a minimum of six (6”) inc hes, roof overhangs designed for solar shading, and deep reve als at construction joints.
(ii) 360-degree building architecture is required. The buildings shall adhere to the City of Thousand Oaks adopted Design Guidelines for Commercial Development Projects and Industrial Projects, which may be amended from time to time.
(iii) Colors and materials. Contrasting colors, pat terns, textures and finished shall be used to add variety and interest to structures.

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aa. Muted earth tone colors (such as off-white, och re, sienna, umber, beige, tan, brown, or other similar subdued colors) are required for primary building surfaces. Richer col or accents may be used on limited architectural elements, such as, covered entries, window awnings and solar shading elements, and fascia elements, but not tower elements.
bb. Materials. A maximum of four exterior building materials are permitted. Materials such as masonry, brick, concre te, or wood can be combined to attractively define scale
(iv) Windows and Doors. Window configurations shall be compatible with the design of the building. Recessed openings shall be used to provide contrast by varying patterns of shades, sunlight, and depth. Storefront glass systems are required for the office, retail, and restaurant spaces. Regular intervals of glazin g is required on the remainder of the building fronting the publi c right-of-way.

No spandrel glass to be used on the building’s exterior façade. aa. Entrances and access.
i. Pedestrian friendly elements, such as trellises,
pergolas or landscaped allées in parking areas leading
to the main entrance and along the building fronting the public right-of-way are required.
ii. Self-storage facilities shall not have individu al
entrances to storage units accessible from the exterior of the building. Access to self-storage units shal l be from enclosed interior corridors, except self-stora ge
units for the storage of motorcycles, automobiles, or
recreation vehicles which are accessed by a 26-foot -
wide drive-aisle with adequate circulation for fire
engines to access each ground level unit. Exterior
access for storage units for motorcycles, automobil es, or recreation vehicles are to be fully screened by the
building from the street.
(v) A dedicated covered loading zone located at bui lding entrances connected to the interior corridors measuring twelv e (12’) feet wide by twenty (20’) feet deep and fourteen (14’) f eet clear is required for each 10,000 square feet of gross floor area and must be screened from the public right-of-way.
(vi) Elevators, lifts, or ramps are required for al l self-storage facilities which are two-stories or taller.
(vii) Roofs. A variety of roof shapes and forms sha ll be utilized to add character and diversity. Appearance of roofs shall be improved with the use of steeper roof slopes and integrated fascia’s, darker colors, concealed fasteners, and other treatments.

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(viii) Mechanical equipment. Mechanical equipment s hall be located on the rooftop, screened with parapet walls, mechan ical recesses, or other means.
(ix) Landscaping. Landscaping shall minimize the vi sual dominance and break the visual continuity of the surface area parking areas, shall compliment on-site pedestrian circulation and amenities, and serve to moderate pavement temperature.
(x) Screening of parking areas. Parking areas shall be screened form the public right-of-way. Screening may include deco rative walls, landscaped berms, shrubs, trees, and other landscaping or other screening methods as deemed appropriate by the Comm unity Development Director or designee.
(3) Operational Standards. Self-storage facilities shall include the following operational standards:
(i) Individual Rental Storage Unit. No individual r ental storage space shall exceed five hundred (500) square feet.
(ii) Climate controlled. All self-storage units sha ll be individually climate controlled and maintained at a temperature of 55 to 80 degrees Fahrenheit, and 50% to 55% humidity.
(iii) Lighting. The use of lighting must be integra lly designed as part of the built environment and should reflect a balan ce of the lighting needs for the self-storage facility and su rrounding nighttime characteristics of the community.
aa. Lighting should be designed to minimize glare a nd light spillover and maximize energy conservation.
bb. Full cut-off fixtures reduced mounting heights, and the use of shielding should be utilized to effectively control glare and light trespass.
cc. Maximum height of any light standard shall be f ourteen (14’) feet.
dd. Low pressure sodium and mercury vapor lamps are
prohibited.
ee. Photometric plans are required with all applica tions requesting self-storage facility lighting.
(iv) Backup power. Each self-storage facility shal l be equipped with a back-up generator or photovoltaic and battery sys tem capable of powering the entire facility for a minimum period of 12 hours. (v) Security Features. Prior to commencing the self -storage facility operation, the facility shall install automatic ped estrian and vehicle gates with electronic access, individual do or alarms, surveillance cameras and monitoring stations.
aa. Pedestrian and vehicle gates shall be architect urally compatible with the structure as determined by the
Community Development Director. The location and operation Item No.8A

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of the gates shall not interfere with the pedestrian and vehicle movement in the public right-of-way as determined b y the Public Works Director. Access to open the gates mus t be provided in accordance with emergency services
requirements.
bb. Door alarms, surveillance cameras and monitorin g station systems shall be maintained at a reasonable industr y
standard and shall be operated 24-hours a day to mo nitor, at a minimum, the entrances and exits, any centralized point of sale and areas immediately surrounding the exterior of the business. Specifics of the systems, and any upgrad es to the systems, shall be developed by the applicant in con sultation with and approved by the City’s Police Department.
(4) Mixed Use. Mixed Use. For parcels that front onto a public street, mixed uses of office, retail, restaurant, and or caretake r uses are required on the ground floor along the entire frontage of the b uilding. Street-level nonresidential active uses shall occupy the street level floor area for a minimum depth of twenty (20’) feet.
(5) Caretaker Unit. Caretaker Unit. A self-storage facility shall include one on-site caretaker unit for one or more persons employed by and residing at the self-storage facility, in addition to one on -site management office for the purpose of on-site management and security.
(i) The caretaker unit shall have individual entran ces, directly accessible to the exterior of the self-storage facility structure and placed in a location nearest the public-right-of-way within the self- storage facility building. The caretaker unit is not required to have direct access to the management office.
(ii) An annual affidavit shall be submitted to the Community Development Director, which states that the unit is occupied by one or more persons employed by the self-storage fa cility, the number of people living in the unit, and the annual rental rate of the caretaker unit.
(iii) Occupancy of the caretaker’s unit shall be co ntingent upon the continual operation of the self-storage facility; and the caretakers unit use shall immediately cease if the storage fac ility ceases its operation.
(6) Accessory Uses. Accessory exterior storage with in secured transportable units shall be confined to the area t o the rear of the principal building, or the rear two-thirds of the p roperty, whichever is more restrictive. The units shall be placed on har dscape material and screened from view from any property line by appropriate walls, fencing, Item No.8A

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earth mounds, or landscaping. Exterior storage shal l not displace required parking or landscaping.
(7) Prohibitions.
(i) The following are prohibited in a self-storage unit aa. Habitation.
bb. Storage of toxic or hazardous materials.
cc. Sale or distribution of stored goods.
dd. Operation of any business.
(ii) The following are prohibited from a self-stora ge operation:
a. Truck rental and the exterior storage of recreat ional vehicles and boats is prohibited from and on the property.
(8) Existing Self-storage Facilities.
(i) Existing Uses deemed approved.
aa. All permitted legal nonconforming self-storage facilities in existence and lawfully operating in the city immedi ately prior to the effective date of this Section shall be cons idered a “deemed approved” self-storage facility.
bb. A deemed approved facility may continue to lawf ully operate consistent with issued permits.
cc. Modifications and additions to a deemed approved facility can be processed in conformance with the standards set forth in Section 9-4.2702 Nonconforming Buildings and Uses. Any addition of square footage to a deemed approved facility shall require the deemed approved facility to provide the caretaker unit and related parking. The new addition shall b e required to implement all of the Architectural and Operation al
Standards to and within the addition and may upgrade the rest of the deemed approved facility to be in compliance with the Architectural and Operational standards.
dd. Any discontinuance of a deemed approved facilit y for six or more months shall be deemed abandoned and require
approval of a new Special Use Permit and a Developm ent Permit or Minor Modification in compliance with this Chapter.

Item No.8A

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Part 2

The following definitions are added to Section 9-4.202 (Definitions) of Article 2 of the Thousand Oaks Municipal Code:

“Caretaker Unit” shall mean a dwelling unit provide d as an accessory use for a person employed to take care of the building and property on which the caretaker unit is located.

“Mezzanine” shall be considered a portion of the story below. S uch mezzanines shall not contribute to number of stories but the mezzanine’s area shall be included in the total building square footage. The clear hei ght above and below the mezzanine floor construction shall be not less than seven (7’) feet.

“Self-storage” shall mean a building or buildings containing various sizes of storage compartments, stationary or portable, wherein each compartment is offered for rent or lease for the private storage of materials to the general public or businesses, who are to have access to space for the purpose of storing and removing property or for individual storage containers but not the sale of materials.

“Warehousing” shall mean the storage of materials t o be used in manufacturing processes and or finished products which are intend ed to be distributed and or sold. These materials and products are to be kept entirely within a building. Such facilities may include loading facilities and manag ement offices. Product distribution facilities where the materials, produc ts and or goods to be moved/transferred are stored entirely within a building are also included. This use class does not include self-storage facilities, storage and transport of recycled/solid waste or storage of hazardous materials.
“Wholesaling” shall mean the indoor storage and dis tribution of merchandise, packages, and bulk goods. Retail sales to the publi c are not included. This classification includes importing and sale of impor ted goods, wholesale distribution, and the wholesale of vehicles, provid ed there are no retail sales or repair, and the vehicles are stored within a building. Associated activities, such as packaging and crating, and incidental loading facil ities and management offices are included.

Item No.8A

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Part 3

Section 9-4.2105 (Permitted use matrix – Non-Reside ntial zones) of Article 25 of the Thousand Oaks Municipal Code is amended to read as follows:

Non-Residential Zoning Classifications
Land Use
Category
C-O C-1 C-2 C-3 C-4 C-2/AM M-1 M-2 P-L O-S
For meaning of
DP/SUP 1 see
footnote at end of
matrix
…
Warehousing, storage and distribution
Contractor
storage yards
DP/
SUP 1
DP/
SUP 1

Equipment
rental, repair
and storage
businesses,
per limitation
in Sec. 9-

4.2106(dd)

SUP DP/
SUP 1
DP/
SUP 1

Ice and cold
storage
plants
DP/
SUP 1

Public
maintenance
and storage
yards
SUP
Self-storage
(mini-storage)
warehouses,
per limitation
of Sec. 9-

4.2528 9-

4.2106(ee)

SUP DP/ &
SUP 1 2
DP/ &
SUP 1 2

Storage
garages
DP/
SUP 1
DP/
SUP 1

Storage yards
for transit and
DP/
SUP 1
DP/
SUP 1

Item No.8A

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transportation
equipment
Warehouses SUP DP/
SUP 1
DP/
SUP 1

Wholesale
businesses,
storage
buildings and
warehouses
DP/
SUP 1
DP/
SUP 1

General Note:

1. In the M-1 and M-2 zones, the entry " DP/SUP 1" means that a development permit is required if the use is located more than four hundred (400') feet from any existing residentially zoned property. Otherwise, a special use permit with Planning Commission review is required. The entry SUPA/SUP 1 means that if the use is located more than four hundred (400') feet from any existing residentially zoned property, then the use requires an administrative special use permit.

Otherwise, a special use permit with Planning Commission review is required.

2. A Development Permit is required for the structure. A Special Use Permit is required for the self-storage facility use.

Part 4

Section 9-4.2106 (Limitations on specific uses) of Article 25 the Thousand Oaks Municipal Code is amended to delete the following language and retain the remaining language:

…

(ee) Self storage facilities in C-2 zone. In the C-2 zone, self-storage buildings limited to public use and rental are subject to the following conditions and limitations:
(1) Office and/or retail development shall be a component of the same development and shall be located on the street frontage; (2) Self-storage buildings shall be located be hind the office and/or retail building(s) with a minimum setback of one hundred ( 100') feet from the property line along the street frontage;
(3) The maximum size of the self storage facility shall not exceed five (5) acres, and no individual rental storage space shall exceed five hundred (500) square feet; Item No.8A

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(4) Self-storage buildings shall be permissibl e only on parcels legally created prior to July 1, 2011, which as of that date have a lot depth that is more than four (4) times the lot width.
…

Part 5

Section 9-4.2402 (Parking spaces required) of Artic le 24 of the Thousand Oaks Municipal Code is amended to read as follows:

Every use hereby inaugurated and every building or structure hereafter erected or altered shall have permanently maintained parking spaces in accordance with the provisions as set forth in this section.

The number of off-street parking spaces required sh all be no less than the following:

Use Parking Spaces Required
(a) Residential types

…

(8) Dwelling, Caretaker Unit Two (2) spaces (enclosed or covered) per unit, plus one (1) additional space
per unit for guest parking.

…

(d) Manufacturing types:

…

(6) Self-storage facility
Five (5) minimum spaces per self-
storage facility, consisting of one (1)
space for every one-hundred (100)
storage units or fraction thereof with a
minimum of three (3) spaces being
provided and two (2) additional spaces
for the manager’s office.

Required parking spaces shall not be
rented as or used as vehicular storage.

Item No.8A

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Part 6

Appendix A of the Thousand Oaks Boulevard Specific Plan (SP-20) is amended to read as follows:

Part 7
(Uncodified)
Severability

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

Item No.8A

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Part 8
(Uncodified)
Effective Date

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

PASSED AND ADOPTED THIS XX
th DAY OF XXX, 2022.

________________________________
Bob Engler, Mayor
City of Thousand Oaks, California

ATTEST:

__________________________
Cynthia M. Rodriguez, City Clerk

APPROVE AS TO FORM: APPROVE AS TO ADMINISTRATION:

_________________________ ________________________ ________ Tracy M. Noonan, City Attorney Andrew P. Powers, C ity Manager

The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the City of Thousand Oaks City Council on the date cited above.

Item No.8A

TO:Andrew P. Powers, City Manager
FROM:Kelvin Parker, Community Development Director
DATE:October 25, 2022
SUBJECT: 2022 California Building Standards Code with Local Amendments (MCA 2022-70456)
RECOMMENDATION:

Read ordinance in title only, further reading to be waived, and if no objection, introduce ordinance to approve MCA 2022–70456 amending the Thousand Oaks Municipal Code (TOMC) by repealing sections 8-1.01 through 8.1.24 and chapters 5, 6, 7, 8, 10, 14, 16, and 17 of Title 8, and to readopt, thereby updating those construction standards to comply with the 2022 California Code of Regulations Title 24 and the California Health and Safety Code (California State Building Code).

FINANCIAL IMPACT:

No Additional Funding Requested. Financial impact is limited to the cost of staff time to process the amendment and provide public notices, which are included in the Adopted FY 2022-23 General Fund Budget.

BACKGROUND:

The California State Building Code, which includes administrative and technical provisions, regulates the design, construction, occupancy, use, and maintenance of structures, buildings, and related equipment. The essential purpose of the California State Building Code is to protect and promote public health, safety, and welfare through adopted building construction and maintenance standards. These codes are administered through the Building Division of the Community Development Department.

The California State Building Code is updated on a triennial basis by the California Building Standards Commission (Commission). The previous code adoption occurred in 2019.

The publication of new Building Standards Codes occurs every three years and the codes are required to be adopted and enforced within six months by local jurisdictions. Local agencies possess authority to adopt more restrictive amendments to the California Building Standards Code to provide mitigating Item No.8B

2022 California Building Code (MCA 2022-70456)
October 25, 2022

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4 minimum standards for local hazards relative to local climatic, geological, or topographical conditions when findings support and substantiate the need for such greater restriction of construction standards. TOMC Title 8 contains such amendments and the findings to support them.

DISCUSSION/ANALYSIS:

Table 1, below, identifies the 18 topics covered by the City’s Building Regulations, and the 11 Chapters that are proposed for amendment.

Table 1: Thousand Oaks Building Regulations1
Chapter Topic Amendment
Proposed
1 Building Code ✓
2 Capital Improvement Fees
3 Building Numbering
4 Dangerous Building Code ✓
5 International Property Maintenance Code ✓
6 Mechanical Code ✓
7 California Residential Code ✓
8 Plumbing Code ✓
9 Signs
10 Electrical Code ✓
11 Hours for Construction Activities
12 Reports of Residential Records
13 Consumer Information: New Residential
Subdivision Sales
14 Solar Energy Code ✓
15 Disabled Access Appeals and Advisory
Board
16 Green Building Standards ✓
17 Existing Building Code ✓
18 California Fire Code ✓
1 Contained in Title 8 of the Thousand Oaks Municipal Code The attached ordinance (Attachment #1) is formatted to repeal specific Chapters in the existing Building Regulations of the TOMC and adopt the most recent edition of the California State Building Code, including the 2022 California Administrative Code, Building Code, Residential Code, Fire Code, Existing Building Code, Historical Building Code, Mechanical Code, Plumbing Code, Electrical Code, Energy Code, Green Building Standards, Referenced Standards Code, and the 2021 International Property Maintenance Code.

Adoption of the ordinance incorporates the latest edition of these codes into the TOMC and thereby conforms to the mandate in the California Health and Safety Item No.8B

2022 California Building Code (MCA 2022-70456)
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4 Code that requires every city and county to adopt the same construction standards.

The effective date of the 2022 California State Building Code is January 1, 2023.

A copy of the relevant Codes is available for review in the Building & Safety Offices.

Local Amendment Process
In accordance with State statute, local agencies are permitted to amend the California State Building Code when such amendment is demonstrated and found to be reasonably necessary and warranted in response to certain local conditions. These conditions are narrowly defined as unique climatic, geological, and topographical conditions. City Council must explicitly find these amendments necessary and warranted based upon such aforesaid requirements. The explicit findings, as indicated in the preamble to the attached ordinance, must be available as a public record and a copy thereof inclusive of amendments shall be filed with the California Building Standards Commission and the California Department of Housing and Community Development 30 days prior to such adoption.

The amendments incorporated in the ordinance reflect unique local conditions and contain such items as fire-resistant roof construction materials to reduce potential damage from wildfires, footing/foundation provisions to resist local geological conditions with expansive soil and seismic instability situations, and additional construction reinforcement materials to resist local topographical conditions with steep terrain and landslide occurrences.

Justifications for Local Amendments
Administrative amendments to the California State Building Code are required for administrative and ministerial clarification, and do not adversely void, nullify, modify, or diminish Building Standards pursuant to California Health and Safety Code Sections 17958, 17958.5, and 17958.7. These Amendments establish standards for the effective administration, regulation, and enforcement of building laws, regulations, codes, and standards throughout the City.

In addition, the following are specific justifications for local amendment to Title 24 California Code of Regulations:
1) Local Climatic Conditions: Thousand Oaks experiences unique local climatic conditions and local weather phenomenon. For example, typically from September to May, the strong, hot, and dry “Santa Ana” winds may result in wind-driven wildfire or non-wildfire events. These climatic conditions warrant departure from the California State Building Code regulations and introduction of more stringent construction regulations to limit potential fire damage and to establish specific fire construction, reconstruction, and repair criteria.

Item No.8B

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4 0
4 2) Local Geological Conditions: Thousand Oaks has unique local geological conditions. The City is located within a seismically active zone, which may result in earthquake hazards. Proximate and potentially active faults include the Boney Mountain Fault, Sycamore Canyon Fault, and Simi-Santa Rosa Valley Fault. The City also possesses poor soil quality, from sandy to rocky soil, including expansive (shrink/swell) soil, which may produce embankment failure, hydro- compaction/hydro-collapse, subsidence, and settlement. These geological conditions warrant departure from the California Building Code regulations and introduction of more stringent construction regulations to limit potential seismic and potentially damaging soil conditions, and to establish specific seismic and soil construction, reconstruction, repair, and reinforcement criteria. 3) Local Topography: Thousand Oaks has unique local topography. The City’s topography includes considerable steep terrain, which can contribute to wildfire risk. The City possesses several flood hazard areas subject to periodic inundation, which may result in life and property loss or destruction, sanitation, and other health, safety, and welfare hazards. Seasonal rains may oversaturate the soil, causing periodic landslides, mudslides, rockslides, rockfalls, and debris flow and creating detrimental effects on in-ground structures. These topographical conditions warrant departure from the California Building Code regulations and introduction of more stringent construction regulations to limit potential damage, and to establish specific topographical construction, reconstruction, and repair criteria.

Local Amendments
All local amendments to the 2022 California Building Standards Code are presented within the attached ordinance.

The following are the substantive changes proposed in the current update:
1) Solar Photovoltaics Roofing Material Fire Rating: To reduce fire risk due to local climate and topography, as seen in the Hill and Woolsey Fires, roof covering material requirements are proposed to be increased to Class A, the highest fire resistive material ratings, to provide greater fire-resistant protection. In the previous code adoption, the City required the roofing materials to be Class A. This proposed amendment continues the Class A roof materials and includes Solar Panels to also match the Class A fire rating.
2) Emergency Housing: The City is adopting optional construction standards for emergency shelter that has been published by the State as a precautionary preparation for emergency purposes.

Item No.8B

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4 3) Tiny Homes: The City is adopting optional construction standards for tiny homes that have been published by the State as a precautionary preparation for affordable housing purposes.
4) Cleanup and Update of Security Provisions: The Security Provisions previously adopted as building standards were outdated and superseded within the latest versions of the building code; therefore, these provisions were removed and defaulted to State code requirements.
5) Adoption of the State’s 2022 Code Edition: The 2022 edition of the following California State Building Code is adopted, as mandated by the State, and with local amendments based on local climate, topography, and geology. Local administrative provisions and enforcement procedures are included. Unless otherwise specified, these amendments do not include substantive local technical amendments.

In summary, adoption of the attached ordinance enables the City to comply with State statutes and Codes, as well as to enact administrative provisions, enforcement procedures, and technical amendments warranted by local climatic, geological, and topographical conditions.

Adoption of the attached ordinance is not defined as a “project” by the California Environmental Quality Act and accordingly no environmental document is required.

Community Outreach
Staff provided copies of the draft ordinance to the Ventura County Fire District and Building Industry Association Ventura County Chapter. Staff has received no comments to date.

COUNCIL GOAL COMPLIANCE:

Meets the following City Council goal:

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

PREPARED BY: Jesse De Anda, Building Official
Attachment:

Attachment #1 – Ordinance
cdd:450-15/City Council Staff Report-MCA/pz (FILE ID: MCA 22-70456) Item No.8B

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ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
THOUSAND OAKS TO REPEAL SECTIONS 8-1.01
THROUGH 8-1.24 AND CHAPTERS 5, 6, 7, 8, 10, 14, 16,
AND 17 OF TITLE 8, AND TO READOPT SECTIONS 8-1.01
THROUGH 8-1.24 AND CHAPTERS 5, 6, 7, 8, 10, 14, 16,
AND 17 TO TITLE 8 OF THE MUNICIPAL CODE BY
ADOPTING BY REFERENCE TITLE 24 2022 CALIFORNIA

CODE OF REGULATIONS, INCLUDING THE CALIFORNIA

ADMINISTRATIVE CODE, CALIFORNIA BUILDING CODE,

CALIFORNIA RESIDENTIAL CODE, CALIFORNIA

EXISTING BUILDING CODE, CALIFORNIA HISTORICAL

BUILDING CODE, CALIFORNIA MECHANICAL CODE,

CALIFORNIA PLUMBING CODE, CALIFORNIA

ELECTRICAL CODE, CALIFORNIA ENERGY CODE,

CALIFORNIA GREEN BUILDING STANDARDS CODE,

CALIFORNIA REFERENCED STANDARDS CODE, AND
2021 INTERNATIONAL PROPERTY MAINTENANCE
CODE, AND ADDING SECTION 8-1.27 RELATING TO
EMERGENCY HOUSING AND CHAPTER 4 TO TITLE 8
RELATING TO CODE ADMINISTRATION (MCA 2022-
70456)
WHEREAS, a public hearing concerning the adoption of this ordinance was held on October 25, 2022; and
WHEREAS, notice of such hearing was published as required by law; and WHEREAS, Title 24 California Code of Regulations, 2022 California Building Code, was approved by the California Building Standards Commission and becomes effective Statewide on January 1, 2023; and WHEREAS, full copies of the Title 24 California Code of Regulations, 2022 Editions of the California Building Code, California Residential Code, California Existing Building Code, California Historical Building Code, International Property Maintenance Code, California Mechanical Code, California Plumbing Code, California Electrical Code, California Energy Code, California Green Building Standards Code, California Referenced Standards Code, and the 2021 International Property Maintenance Code (herein after referred to as 2022 California Building Codes), to be adopted by reference, were on file and available for review in the office of the Building Official for fifteen (15) days prior to the public hearing, and shall remain in said office; and
ATTACHMENT #1
Item No.8B

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WHEREAS, California Health and Safety Code Sections 17958, 17958.5 and 17958.7 require the governing body of a city, prior to adoption of any amendments, additions, deletions, or revisions to the California Building Code, to expressly find that such amendments are reasonably necessary and required due to local climatic, geological, or topographical conditions; and WHEREAS, after due consideration, the City Council hereby finds that due to local climatic, geologic and topographic conditions that exist in Thousand Oaks, amendments and revisions to the Title 24 California Code of Regulations, 2019 California Building Codes, are reasonably necessary and required to provide sufficient and effective protection of life, health, safety, welfare, and property; and, WHEREAS, in support of these amendments, additions, deletions, and revisions, the City Council hereby makes the following findings:

1. The City Council, after due consideration, finds and determines that, due to the need to establish administrative procedures to enforce the California Building Code, as well as due to local climatic, geological, or topographical conditions, including unusual soil conditions prevailing within the City, the public health and welfare would best be served by adding to and amending the California Building Code, related to grading. The City of Thousand Oaks contains several types of soil materials, but none as renowned as the expansive clay that caused massive foundation failures in the Conejo Valley during the early 1960's (prior to the City’s incorporation). The area is also in a seismically active area underlain by faults capable of producing significant earthquakes.

2. Thousand Oaks experiences unique local climatic conditions and local weather phenomenon which include periods of high temperature accompanied by low humidity and strong winds each year. These conditions create a high fire risk which may exacerbate fire development and fire spread. As a direct result of these climatic conditions, more stringent construction regulations are required to limit potential fire damage and to establish specific fire construction, reconstruction, and repair criteria. For example, typically from September to May, the strong, hot, and dry “Santa Ana” winds may result in wind-driven wildfire or non-wildfire events. These climatic conditions warrant departure from the California State Building Code regulations and introduction of more stringent construction regulations to limit potential fire damage and to establish specific fire construction, reconstruction, and repair criteria.

3. Thousand Oaks is located in a potentially high seismic activity zone and has unique local geological conditions, which may result in earthquake hazards. Proximate and potentially active faults include the Item No.8B

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8 1
Boney Mountain Fault, Sycamore Canyon Fault, and Simi-Santa Rosa Valley Fault. The City also possesses poor soil quality, from sandy to rocky soil, including expansive (shrink/swell) soil, which may produce embankment failure, hydro-compaction/hydro-collapse, subsidence, and settlement. As a direct result of such geological findings, structures require deeper footings/foundations with additional reinforcement to mitigate these instability factors. Thousand Oaks is also located in a valley where the soil is predominantly expansive, where soil volume expands as water/moisture content increases and shrinks as water/moisture content decreases. As a direct result of these geological conditions, more stringent construction regulations are required to limit potential seismic and potentially damaging soil conditions, and to establish specific seismic and soil construction, reconstruction, repair, and reinforcement criteria.

4. Thousand Oaks contains mountainous terrain and knolls with steep slopes and uneven hillsides which can contribute to wildfire risk. The City possesses several flood hazard areas subject to periodic inundation, which may result in life and property loss or destruction, sanitation, and other health, safety, and welfare hazards. Seasonal rains may oversaturate the soil, causing periodic landslides, mudslides, rockslides, rockfalls, and debris flow and creating detrimental effects on in-ground structures. Such conditions contribute to flooding, debris flow, landslide, and mudslide hazards. As a direct result of these topographical conditions, more stringent construction regulations are required to limit potential damage, and to establish specific construction, reconstruction, and repair criteria.

NOW, THEREFORE, the City Council of the City of Thousand Oaks does ordain as follows:

Part 1
Sections 8-1.01 through 8-1.24 and Chapters 5, 6, 7, 8, 10, 14, 16, and 17 of Title 8 of the Thousand Oaks Municipal Code are hereby repealed.

Part 2
Sections 8-1.01 through 8-1.24 of Chapter 1 of Title 8 of the Thousand Oaks Municipal Code are hereby readopted and Section 8-1.27 is added to read as follows:

CHAPTER 1. BUILDING CODE
Sec. 8-1.01. Amendments: California Building Code.

Item No.8B

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The City Council, after due consideration, finds and determines that due to the geographical location of the City and the unusual climatic, geological, and topographical conditions prevailing within the City, the public health, safety, and welfare would best be served by adopting and amending the 2022 California Building Codes.

Sec. 8-1.02. Adoption of California Building Code.

Those certain Codes designated as the 2022 Edition of the California Building Codes, based upon the 2021 Edition of the International Building Codes, published by the International Code Council, as amended herein are adopted and incorporated by reference, including Appendices I, J, and P, except as herein amended. Said California Building Codes are hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full, subject, however, to the amendments, additions, and deletions set forth in this chapter, and said California Building Codes, including Chapter 1, Division II, Scope and Administration as amended herein, shall be known as the Building Code of the City.

At least one (1) copy of the 2022 Edition of the California Building Codes is on file in the office of the Building Official for public record and inspection.

Sec. 8-1.03. Purpose.

The purpose of said California Building Codes is to provide minimum standards to safeguard life or limb, property, and public health, safety, and welfare, by regulation and control of the design, construction, addition, alteration, conversion, erection, installation, location, relocation, demolition, repair, maintenance, occupancy, and use of all structures and buildings located within the City and equipment regulated therein.

Sec. 8-1.04. City.

The name "City of Thousand Oaks" is hereby inserted in any and all blank spaces provided in said California Building Standards Codes for the name of the jurisdiction adopting said Codes, and wherever the word "city" or "jurisdiction" appears in said Codes or is otherwise used, it shall mean and refer to the City of Thousand Oaks.

Sec. 8-1.05. Amendments: Volume 1, Chapter 1, Division II Chapter 1, Division II of said California Building Code is hereby amended by amending Section 101.2 Scope., to read as follows:
101.2 Scope.

Item No.8B

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The provisions of this code and Title 8, Chapter 4, the City of Thousand Oaks Code Administration shall apply to the construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures.

Exception: Detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress, and their accessory structures not more than three stories above grade plane in height, shall comply with this code or the California Residential Code.
101.2.1 Appendices.

Provisions in the appendices shall not apply unless specifically adopted.

Sec. 8-1.06. Reserved.

Sec. 8-1.07. Reserved.

Sec. 8-1.08. Reserved.

Sec. 8-1.09. Amendments: Chapter 1, Division II, Section 110: Inspections.

Section 110.3.6 “Lath and gypsum board inspection” is hereby amended by removing the Exception and is to read as follows:
110.3.6 Lath, Gypsum Board and Gypsum Panel Product Inspection Lath, gypsum board and gypsum panel product inspections shall be made after lathing, gypsum board and gypsum panel products, interior and exterior, are in place, but before any plastering is applied or gypsum board and gypsum panel product joints and fasteners are taped and finished.

Sec. 8-1.10. Reserved.

Sec. 8-1.11. Reserved.

Sec. 8-1.12. Reserved.

Sec. 8-1.13. Reserved.

Sec. 8-1.14. Amendments: Chapter 15, Section 1505 Fire Classification.

Section 1505.1 “General” is amended by removing the reference to Class B and C roof assemblies and roof coverings.

Table 1505.1 “Minimum Roof Covering classification for Types of Construction” is amended as follows:

For all types of construction, the Minimum Roof Covering Classification is Class A.

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Section 1505.1.2 “Roof covering within all other areas” is amended by changing the reference from Class C to Class A.

Sections 1505.3, 1505.4, and 1505.5 of the California Building Code are deleted.

Section 1505.6 “Fire-retardant treated wood shingles and shakes” is amended by removing the reference to Class B and C roof assemblies and roof coverings. Only Class A roof are allowed.

Sec. 8-1.15. Reserved.

Sec. 8-1.16. Reserved.

Sec. 8-1.17. Amendments: Chapter 18 Soils and Foundations.

A new Section 1803.8 is added to read as follows:
1803.8 Additional Tests and Reports.

The Building Official may require further tests where the type and class of soil is in question. The Building Official may require an engineering geotechnical or geologic report, submitted by a State certified engineering geologist, on all sites as a condition precedent to the permit issuance to construct a building or structure.

Section 1804.1 “Excavation near foundations” is hereby amended to read as follows:
1804.1 Excavation Near Foundations
Excavation for any purpose shall not reduce vertical or lateral support for any foundation or adjacent foundation without first underpinning or protecting the foundation against detrimental lateral or vertical movement, or both, in accordance with Section 1803.5.7.

Refer to Title 8 Section 8-1.24 and Title 7, Chapter 3 of the Thousand Oaks Municipal Code for grading regulations administered by the Public Works Department, and for requirements governing excavation, grading, and earthwork construction, including fills and embankments.

Section 1807.1.4 “Permanent Wood Foundation Systems” is amended by to read as follows:
1807.1.4 Permanent Wood Foundation Systems.

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[OSHPD 1R, 2 & 5] Not permitted by OSHPD. Permanent wood foundation systems shall not be used for structures assigned to Seismic Design Category D, E or F. Permanent wood foundation systems shall be designed and installed in accordance with AWC PWF. Lumber and plywood shall be preservative treated in accordance with AWPA U1 (Commodity Specification A, Special Requirement 4.2) and shall be identified in accordance with Section 2303.1.9.1.

Section 1808.6 “Design for Expansive Soil” is amended, with adoption of subsections 1808.6.1 thru 1808.6.4 as published, to read as follows:
1808.6 Design for Expansive Soils
Foundations for buildings and structures founded on expansive soils shall be designed in accordance with Section 1808.6.1 or 1808.6.2.

Exceptions: Foundation design need not comply with Section 1808.6.1 or 1808.6.2 where one of the following conditions is satisfied:

1. The soil is removed in accordance with Section 1808.6.3.

2. The building official approves stabilization of the soil in accordance with Section 1808.6.4.

3. Foundations for buildings and structures with shallow foundations may be designed in accordance with Section 1809 as amended herein.

Section 1808.7.1 “Foundations on or adjacent to slopes” is amended to read as follows.
1808.7.1 Building Clearance From Ascending Slopes
In general, buildings below slopes shall be set a sufficient distance from the slope to provide protection from slope drainage, erosion and shallow failures. Except as provided in Section 1808.7.5 and Figure 1808.7.1, the following criteria will be assumed to provide this protection. Where the existing slope is steeper than one unit vertical in one unit horizontal (100-percent slope), the toe of the slope shall be assumed to be at the intersection of a horizontal plane drawn from the top of the foundation and a plane drawn tangent to the slope at an angle of 45 degrees (0.79 rad) to the horizontal. Where a retaining wall is constructed at the toe of the slope, the height of the slope shall be measured from the top of the wall to the top of the slope.

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For SI: 1 foot = 304.8 mm.

FIGURE 1808.7.1

FOUNDATION CLEARANCES FROM SLOPES
The footings of all structures shall be setback from the tops and toes of slopes as far as necessary for adequacy of footing/foundation support and to prevent damage as a result of water runoff or erosion of the slopes. Unless otherwise recommended in an approved soil engineering and/or engineering geology report, setbacks shall be no less than shown in Figure 1808.7.1 “Foundation Clearances from Slopes” or five (5') feet, whichever is greater. The setbacks given in that table are minimum requirements, and may be increased by the Building Official if considered necessary for safety or stability.

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Exceptions:

1. Retaining walls may be used to reduce the required slope setback when approved by the Building Official.

2. Footings for freestanding garden walls may be founded on three (3') feet minimum from the face of any slope.

3. The Building Official may waive the setback requirement for any structure where it is determined because of special design or unique circumstances.

No building or structure, or portion thereof, governed by this Code shall be constructed on any slope greater than 5:1 without a finding by the Building Official that the site is safe for its intended use. The Building Official may require a geological investigation, soil engineer's report, and/or the footing/foundation to be designed by a civil or structural engineer registered as such by the State of California.

Section 1808.7.3 “Pools” is amended to read as follows:
1808.7.3 Pools
The setback between pools regulated by this code and slopes shall be equal to one-half the building footing setback distance required by this section but not less than five (5’) feet. That portion of the pool wall within a horizontal distance of 7 feet (2134 mm) from the top of the slope shall be capable of supporting the water in the pool without soil support.

Table 1808.8.1 is amended to read as follows:

TABLE 1808.8.1
MINIMUM SPECIFIED COMPRESSIVE STRENGTH f'c OF CONCRETE OR GROUT

FOUNDATION ELEMENT OR CONDITION SPECIFIED

COMPRESSIVE
STRENGTH, f'c

1. Foundations for structures assigned to Seismic
Design Category A, B or C. [OSHPD 1R, 2 & 5] Not
permitted by OSHPD.
2,500 psi
2a. Foundations for Group R or U occupancies of light-
frame construction, two stories or less in height,
assigned to Seismic Design Category D, E or F.
[OSHPD 1R, 2 & 5] Not permitted by OSHPD.
3,000 psi
2b. Foundations for other structures assigned to Seismic Design Category D, E or F
3,000 psi

3. Precast nonprestressed driven piles 4,000 psi

4. Socketed drilled shafts 4,000 psi

5. Micropiles 4,000 psi
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6. Precast prestressed driven piles 5,000 psi
For SI: 1 pound per square inch = 0.00689 MPa.

Section 1809.1 “General” is amended as to read as follows:

Shallow foundations shall be designed and constructed in accordance with Sections 1809.2 through 1809.13. All footing/foundation and/or slab designs shall be predicated upon a soil analysis. Said design shall not be less than those minimum requirements set forth in Table 1809.7(1) for each soil expansion range.

Post-tensioned slab design, when recommended by the soils engineer, may be used in lieu of the requirements when approved by the Building Official.

In areas where the soil is determined to be of an expansive range index over twenty (20), the soil under the footings and slabs shall be pre-saturated in accordance with Table 1809.7(1).

Section 1809.3 “Stepped Footings” is amended to read as follows:
1809.3 Stepped Footings.

The top surface of footings shall be level. The bottom surface of footings shall be permitted to have a slope not exceeding 1 unit vertical in 10 units horizontal (10- percent slope). Footings shall be stepped where it is necessary to change the elevation of the top surface of the footing or where the surface of the ground slopes more than 1 unit vertical in 10 units horizontal (10-percent slope). [OSHPD 1R, 2 & 5] Individual steps in continuous footings shall not exceed 18 inches (457 mm) in height and the slope of a series of such steps shall not exceed 1 unit vertical to 2 units horizontal (50-percent slope) unless otherwise recommended by a geotechnical report. The steps shall be detailed on the drawings. The local effects due to the discontinuity of the steps shall be considered in the design of the foundation.

For structures assigned to Seismic Design Category D, E or F, the stepped requirement footing/foundation wall shall also apply to the top surface of grade beams, and supporting walls. Footings shall be reinforced with four (4) one-half (1/2”) inch diameter minimum deformed reinforcing bars. Two reinforcement bars shall be placed at the top and bottom of the footings in accordance with Figure 1809.1
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Figure 1809.1
Section 1809.4 “Depth and width of footings” is amended to read as follows:
1809.4 Depth and Width of Footings.

The minimum depth of footings below the undisturbed ground surface shall be 12 inches (305 mm). Where applicable, the requirements of Section 1809.5 shall be satisfied. The minimum width of footings shall be 12 inches (305 mm).

Footings for buildings and structures on expansive soils shall have a depth and width not less than the minimum requirements set forth in Table 1809.7 (1).

Section 1809.7 “Prescriptive footings for light-frame construction” is amended to read as follows:
1809.7 Prescriptive Footings for Light-Frame Construction. [OSHPD 1R, 2 & 5] Not permitted by OSHPD. When a specific design is not provided, concrete or masonry-unit footings supporting walls of light–frame construction shall be permitted to be designed in accordance with Table 1809.7(1).

Table No. 1809.7 is hereby deleted and all Code references to Table 1809.7 shall now refer to Table 1809.7(1).

A new Table No. 1809.7(1) entitled “MINIMUM FOOTING AND SLAB REQUIREMENTS” is hereby added as follows:

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TABLE 1809.7 (1)
MINIMUM FOOTING AND SLAB REQUIREMENTSa
Foundations for Slab & Raised Floor Systems
All
Perimeter
Footings
Interior
Footings for
Slab & Raised
Floorsb
Concrete Slabs
3 ½” Minimum Thickness
4” over 51 E1
Expansion
Index
Number of Stories
Stem Thickness
Footing Width
Footing Thickness
Depth Below Natural
Surface of Ground and
Finish Grace
Reinforcement for
Continuous
Foundations Reinforce-
mentc
Total
Thickness
of Sand
Premoistening of Soils under
Footings, Piers and Slabs
Restrictions on Piers
Under Raised Floors
0-20
Very low
(non-expansive)
1 2
3 6”
8”
10”
12”
15”
18”
6”
7”
8”
12”
18”
24”
12”
18”
24”
1-#4 top and bottom 2” Moistening ground recommended
prior to placing concrete.

Piers allowed for single
floor loads only.
21-50
Low
1 2
3 6”
8”
10”
12”
15”
18”
6”
7”
8”
15”
18”
24”
12”
18”
24”
1-#4 top and bottom
#4 @ 48”
or
#3 @ 36”
2”
3% over optimum moisture required
to a depth of 18” below lowest
adjacent grade. Testing required.

Piers allowed for single
floor loads only.
1-#4 top and bottom #3 @ 24”
each way51-90
Medium
1 2
3 6”
8”
10”
12”
12”
15”
6”
8”
8”
21”
21”
24”
12”
18”
24” Footnote e
4”
3% over optimum moisture required
to a depth of 18” below lowest
adjacent grade. Testing required.

Piers not allowed.
2-#4 top and bottom #3 @ 24”
each way91-130
High
1 2
3 6”
8”
10”
12”
12”
15”
8”
8”
8”
27”
27”
27”
12”
18”
24” Footnote e
6”
3% over optimum moisture required
to a depth of 24” below lowest
adjacent grade. Testing required.

Piers not allowed.

Above 130
Very high Special design by registered design professional d a Slabs for masonry fireplaces shall be reinforced with No. 4 deformed bars at twenty-four (24”) inches on center both ways. b Interior footings on soils in the zero (0) index to twenty (20) index range of expansiveness need not be continuous. c All slab reinforcement shall be positioned above the center of the slab. d All foundations on soils that fall into an expansive index in excess of one hundred-thirty (130) shall have a special design by a foundation engineer registered as a soil or civil engineer in California, and such design shall not be less than the minimum standards specified in Table 1809.7(1) for soils with an expansion index between ninety-one (91) and one hundred thirty (130). e Exterior footing to slab L shaped dowel bars #3 bars @ 24” o.c., 12” into footings, 36” into slab required. a Slabs for masonry fireplaces shall be reinforced with No.4 deformed bars at twenty-four (24") inches on center both ways. b Interior footings on soils in the zero (0) index to twenty (20) index range of expansiveness need not be continuous. c All slab reinforcement shall be positioned above the center of the slab. d All foundations on soils that fall into an expansive index in excess of one hundred-thirty (130) shall have a special design by a foundation engineer registered as a soil or civil engineer in California, and such design shall not be less than the minimum standards specified in Table 1809.7 (1) for soils with an expansion index between ninety-one (91) and one hundred thirty (130).
e Exterior footing to slab L shaped dowel bars #3 bars @ 24” o.c., 12” into footings, 36” into slab required.

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Section 1809.8 “Plain concrete footings” is amended, deletes exception and is to read as follows:
1809.8 Plain Concrete Footings
[OSHPD 1R, 2 & 5] Not permitted by OSHPD. Plain concrete footings shall not be utilized in structures assigned to Seismic Design Category D, E or F. The edge thickness of plain concrete footings supporting walls of other than light-frame construction shall be not less than 8 inches (203 mm) where placed on soil or rock.

Section 1809.12 “Timber footings” is amended to read as follows:
1809.12 Timber Footings.
[OSHPD 1R, 2 & 5] Not permitted by OSHPD. Timber footings shall not be utilized in structures assigned to Seismic Design Category D, E or F.

Timber footings shall be permitted for buildings of Type V construction and as otherwise approved by the building official. Such footings shall be treated in accordance with AWPA U1 (Commodity Specification A, Use Category 4B).

Treated timbers are not required where placed entirely below permanent water level, or where used as capping for wood piles that project above the water level over submerged or marsh lands. The compressive stresses perpendicular to grain in untreated timber footings supported on treated piles shall not exceed 70 percent of the allowable stresses for the species and grade of timber as specified in the ANSI/AWC NDS.

Sections 1809.15, 1809.16, and 1809.17 are added to read as follows:
1809.15 Slabs.
1809.15.1 Reinforcement.

All slabs founded on soils determined to be of an expansive index of over fifty (50) shall be doweled into foundation walls with No. 3 reinforcement steel bars minimum bent twelve (12") inches into the wall and thirty-six (36") inches minimum into the slab at twenty-four (24") inches on center maximum. Interior walls with continuous footings/foundations shall have similar floor ties. Slab floors shall be reinforced as set forth in Table 1809.7 (1). All reinforcement in slab floors shall be positioned above the center of the slab.

Exception: An alternate design, such as a floating slab that eliminates the requirement for dowels, may be submitted to the Building Official for approval.
1809.15.2 Nonresidential Structures: Perimeter grade beams.

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For all nonresidential structures which have isolated footings at their perimeters to carry vertical or horizontal loads, and at private garage door openings, a perimeter grade beam eight (8") inches minimum wide and conforming to the depth and reinforcement requirements in accordance with Table 1809.7(1) shall be constructed between discontinuous footing/foundation elements.
1805.15.3 Continuous Footings.

Whenever a daylight line between the cut or natural ground and the compacted fill falls within a proposed building area, continuous footings shall be reinforced with two (2) No. 4 minimum continuous deformed steel bars, one placed at the top and one placed at the bottom. Alternate designs may be submitted to the Building Official by a geotechnical engineer that include due allowances for dissimilar footing/foundation materials. 1809.15.4 Fine Grading.

Property sites shall be graded to drain to the public way or to a disposal area approved by the Building Official and/or City Engineer. 1809.15.5 Residential Accessory Buildings.

Residential accessory buildings not attached to the main structure need not have soil tests as required above; provided, however, the slab and footing/foundation standards as set forth for soil in the zero to twenty (0-20) expansive index range in Table 1809.7(1) shall be followed. 1809.15.6 Soil Tests: Alternatives.

In lieu of the required soil tests: At the discretion of the Building Official, footings/foundations for residential one-and two-family dwellings and additions to existing residences, where the expansive qualities of the soil are unknown, may use the requirements of the ninety-one to one hundred-thirty (91-130) expansive index set forth in Table 1809.7(1); provided, however, that should there be reasonable belief by the Building Official that the soil has expansive qualities exceeding the one hundred- thirty (130) index, a special engineered design shall be submitted. 1809.16 Drainage.
1809.16.1 Roof Gutters and Downspouts.

When a building is located on expansive soil having an expansion index greater than fifty (50), gutters, downspouts, piping and/or other non- erosive devices shall be provided to collect and conduct rainwater to a street, storm drain or other approved watercourse or disposal area. 1809.16.2 Roof Waters.

Eave gutters and downspouts may be required in any location where it appears reasonably necessary to protect buildings, structures, properties, Item No.8B

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and/or slopes, or portion thereof. Concentrated roof waters from gutter downspouts may be required to be conducted by an approved non-erosive drainage device to a point five (5') feet minimum in distance from the building footings/foundations and shall connect to swale or other means of yard drainage.
1809.16.3 Planters.

The design of planters in and/or immediately adjacent to buildings shall be submitted to, and be subject to the approval of, the Building Official prior to installation. Due consideration shall be given to the means or method employed in said design to prevent intrusion of water to the soils under the footing/foundation and/or slab.
1809.17 Adjacent Loads.

Where footings are placed at varying elevations, the effect of adjacent loads shall be included in the footing/foundation design.

Section 1810.3.2.4 is amended to read as follows:
1810.3.2.4 Timber.
[OSHPD 1R, 2 & 5] Not permitted by OSHPD. Timber deep foundation elements shall not be used in structures assigned to Seismic Design Category D, E or F. Timber deep foundation elements shall be designed as piles or poles in accordance with ANSI/AWC NDS. Round timber elements shall conform to ASTM D25. Sawn timber elements shall conform to DOC PS-20.
1810.3.2.4.1 Preservative Treatment.

Timber deep foundation elements used to support permanent structures shall be treated in accordance with this section unless it is established that the tops of the untreated timber elements will be below the lowest ground- water level assumed to exist during the life of the structure. Preservative and minimum final retention shall be in accordance with AWPA U1 (Commodity Specification E, Use Category 4C) for round timber elements and AWPA U1 (Commodity Specification A, Use Category 4B) for sawn timber elements. Preservative-treated timber elements shall be subject to a quality control program administered by an approved agency. Element cutoffs shall be treated in accordance with AWPA M4.

Sec. 8-1.18. Amendment Chapter 23 Wood.

Section 2304.10.2 “Fastener requirements” is amended with adoption of subsections 2304.10.2.1 as published, and add footnote “h” to Table 2304.10.2; is to read as follows:

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2304.10.2 Fastener Requirements.

Connectors and fasteners shall comply with the applicable provisions of Sections 2304.10.1 through 2304.10.8. Staple fasteners in Table 2304.10.2 shall not be used to resist or transfer seismic forces in structures assigned to Seismic Design Category D, E or F.

A new footnote h is added to Table 2304.10.2, as follows:
h. Staples shall not be used to resist or transfer seismic forces in structures assigned to Seismic Design Category D, E or F.

Section 2304.12.2.8 “Wood used in retaining walls and crib walls” is amended to read as follows:
2304.12.2.8 Wood Used in Retaining Walls and Cribs
Wood installed in retaining or crib walls shall be preservative treated in accordance with AWPA U1 for soil and fresh water use. Wood shall not be used in retaining or crib walls for structures assigned to Seismic Design Category D, E or F.

Sec. 8-1.19. Reserved.

Sec. 8-1.20. Reserved.

Sec. 8-1.21. Reserved.

Sec. 8-1.22. Reserved.

Sec. 8-1.23. Violations.
(a) It shall be unlawful for any person, firm, company or corporation to violate any provision or to fail to comply with any of the requirements of this Code.

Any person, firm, company or corporation violating any of such provisions or failing to comply with any of the mandatory requirements of this Code shall be guilty of a violation of this Code and, upon conviction thereof, shall be punishable as set forth in Chapter 2 of Title 1 of the Thousand Oaks Municipal Code. (b) Any person convicted of a misdemeanor under the provisions of this Code shall be punishable by a fine of not more than One Thousand and no/100ths ($1000.00) Dollars or by imprisonment in the County Jail for a period not exceeding six (6) months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Code, or the provisions of any code adopted by reference by this Code, is committed, continued, or permitted by such person and shall be punishable accordingly.
(c) In addition to the penalties provided by this section, any condition caused or permitted to exist in violation of any of the provisions of this Code, or the provisions of any code adopted by reference by this Code, shall be deemed a Item No.8B

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public nuisance and may be summarily abated by this City, and each day such condition continues shall be regarded as a new and separate offense.

Section 8-1.24. Amendments: Appendix J - Grading
The California Building Code, 2022 Edition, Appendix J is hereby amended as follows:

Section J101.1 “Scope” is amended to read as follows:

The provisions of this chapter apply to grading, excavation and earthwork construction, including fills and embankments. Where conflicts occur between the City’s Municipal Code, the Geotechnical Report, and the technical requirements of this Chapter, the governing order of precedence shall be as follows: the City’s Municipal Code followed by the Geotechnical Report and then the technical requirements of this Chapter.

Section J101 “General” is amended by adding a new subsection J101.3 to read as follows:

J101.3 Additional Provisions.

Grading related work shall comply with the requirements of this code and the requirements of Thousand Oaks Municipal Code Title 7, Chapter 3.

Section J103.1 “Permits Required” is amended to read as follows:

J103.1 Permits required. Grading related work shall comply with the requirements of this code and the requirements of Thousand Oaks Municipal Code, Title 7, Chapter 3, Section 7.3.07 and Section 7-3.08 for permit requirements.

Section J103.2 “Exemptions” is hereby deleted.

Section J104 “Permit Application and Submittals” is amended by deleting subsections J104.1, J104.2, and J104.3
Section J104.5 “Additional provisions” is hereby added and is to read as follows..

J104.5 Additional Provisions.

Grading related work shall comply with the requirements of this code and the requirements of Thousand Oaks Municipal Code Title 7, Chapter 3.

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Section J105.1 “General” is amended to read as follows:

J105.1 General
Inspections shall be governed by Section 110, Chapter 1, Division II of this code.

Grading related work shall comply with the requirements of this code and the requirements of Thousand Oaks Municipal Code Title 7, Chapter 3.

Section J106.1 “Maximum Slope” is amended to read as follows:

J106.1 Maximum slope.

The slope of cut surface shall be no steeper than is safe for the intended use and shall be no steeper than two units horizontal to one unit vertical [fifty (50%) percent slope] unless the owner or authorized agent furnishes a geotechnical report justifying a steeper slope in accordance with the exceptions listed in the Thousand Oaks Municipal Code Section 7-3.19 for slope requirements.

Exceptions:

1. A cut surface shall be permitted to be at a slope of 1.5 units horizontal to 1 unit vertical (67-percent slope) provided that all of the following are met:

1.1. It is not intended to support structures or surcharges.

1.2. It is adequately protected against erosion.

1.3. It is not more than 8 feet (2438 mm) in height.

1.4. It is approved by the City Engineer.

1.5. Ground water is not encountered.

2. A cut surface in bedrock shall be permitted to be at a slope of 1 unit horizontal to 1 unit vertical (100-percent slope).

Section J106 is amended by adding a new subsection J106.2 to read as follows:

J106.2 Additional Provisions.

Grading related work shall comply with the requirements of this code and the requirements of Thousand Oaks Municipal Code Section 7-3.19(b) for additional cut slope requirements.

Grading related work shall comply with the requirements of this code and the requirements of Thousand Oaks Municipal Code Section 7-3.19(c) for unstable material requirements.

Section J107.1 “General” is amended to read as follows:

J107.1 General.

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Unless otherwise recommended in the geotechnical report, fills shall comply with the provisions of this section and the requirements of Thousand Oaks Municipal Code Section 7-3.20 for Fill Requirements.

Grading related work shall comply with the requirements of this code and the requirements of Thousand Oaks Municipal Code Section 7-3.22 for Buttress Fills.

Section J108.3 “Slope Protection” is to read as follows:

J108.3 Slope Protection.

Where required to protect adjacent properties at the toe of a slope from adverse effects of the grading, additional protection, approved by the City Engineer, shall be included. Examples of such protection include but are not be limited to:

1. Setbacks greater than those required by Figure J108.1.

2. Provisions for retaining walls or similar construction.

3. Erosion protection of the fill slopes.

4. Provision for the control of surface waters.

Section 109.3 “Interceptor Drain” is amended to read as follows:

J109.3 Interceptor Drains.

Interceptor drains shall be installed along the top of cut slopes receiving drainage from a tributary width greater than 40 feet (12 192 mm), measured horizontally.

They shall have a minimum depth of 1 foot (305 mm) and a minimum width of 3 feet (915 mm). The slope shall be approved by the City Engineer, but shall be not less than one unit vertical in 50 units horizontal (2-percent slope). The drain shall be paved with concrete not less than 3 inches (76 mm) in thickness, or by other materials suitable to the application. Discharge from the drain shall be accomplished in a manner to prevent erosion and shall be approved by the City Engineer.

Section J110 “Erosion Control” is amended by adding a new subsection J110.3 to read as follows:

J110.3 Additional Provisions.

Grading related work shall comply with the requirements of this code and the requirements of Thousand Oaks Municipal Code Title 7, Chapter 3.

Section 8-1.27. Amendments: Appendix P – Emergency Housing Section P103.3 “Occupant Load” is amended to read as follows:

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P103.3 Occupant Load.

Except as otherwise stated in this appendix, the maximum occupant load allowed in buildings and structures used as emergency housing shall be determined by the enforcing agency, but the interior floor area shall not be less than 64 square feet (5.9 m2) for one occupant. Where more than one person occupies the building/structure, the required floor area shall be increased at the rate of 50 square feet (4.65 m2) for each occupant in excess of one.

Exceptions:

1. Tents.

2. Recreational vehicles and park trailers designed for human habitation that meet the requirements in the Health and Safety Code, Sections 18009.3 and 18010, as applicable.

3. For emergency housing, including emergency sleeping cabins, the minimum interior floor area may be reduced to 53 square feet (4.9 m2) if the enforcing agency determines that 53 square feet (4.9 m2) is adequate space for a single- occupancy sleeping unit.

Section P104.1 “General” is amended to read as follows:

P104.1 General.

Emergency sleeping cabins shall have an interior floor area of not less than 64 square feet (5.9 m2) for one occupant. Where more than one person occupies the cabin, the required floor area shall be increased at the rate of 50 square feet (4.65 m2) for each occupant in excess of one. The interior floor area shall not exceed 400 square feet (37 m2), excluding lofts.

Part 3
Chapter 4 of Title 8 of the Thousand Oaks Municipal Code is hereby added to read as follows:

CHAPTER 4. CODE ADMINISTRATION
Sec. 8-4.01. Code Administration for Building Standards.

A. This chapter shall be known as the TECHNICAL CODES, may be cited as such, and will be referred to herein as "Thousand Oaks Code Administration" or "the building code" or "these regulations" or "these building standards", the "code", or "this code".

Sec. 8-4.02 Scope and Intent.

Item No.8B

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A. Scope: This Chapter shall serve as the administrative, organizational and enforcement rules and regulations for the technical codes and other building and property health and safety regulations within this title which regulate property maintenance and site preparation, construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, grading, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings and structures.

When conflicting provisions or requirements occur within this article or other codes or laws, provisions of Title 8, Chapter 4 shall govern.

Except as hereinafter changed or modified, the building standards, which are published in the California building standards code, are applicable to all occupancies and uses throughout the city. Amendments to the building standards contained in the codes published by the model code organizations (ICC, IAPMO, and NFPA) by state agencies, are applicable only to those occupancies or uses which the state agency making the amendment is authorized to regulate.

B. Intent: The purpose of this code adopted hereby is to provide minimum standards to safeguard the public health, safety, and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, accessibility, sustainability, resiliency, and safety to life and property from fire and other hazards attributed to the built environment and to provide safety to firefighters and emergency responders during emergency operations.

Certain changes and modifications have been made in the adoption of this code because of the requirements of specific local conditions. Consistent with this purpose, the provisions of this code are intended and always have been intended to confer a benefit on the community as a whole and are not intended to establish a duty of care toward any particular person.

This code shall not be construed to hold the city or any officer, employee or agent thereof responsible for any damage to persons or property by reason of any inspection authorized herein or by reason of the issuance or nonissuance of any permit authorized herein, and/or for any action or omission in connection with the application and/or enforcement of this code. By adopting the provisions of this code, the city does not intend to impose on itself, its employees or agents any mandatory duties of care toward persons and property within its jurisdiction so as to provide a basis of civil liability for damages.

This section is declaratory of existing law and is not to be construed as suggesting that such was not the purpose and intent of previous code adoptions.

Sec. 8-4.03 Applicability.

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A. Conflicts: Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. When conflicting provisions or requirements occur within this code or between this code and other codes or laws, the most restrictive provisions shall govern. Where conflicts occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply.

B. Other Laws: The provisions of this code shall not be deemed to nullify any provisions of local, state, or federal law.

C. Referenced Codes And Standards: The codes and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference.

D. Partial Invalidity: In the event that any part or provision of this code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts and provisions.

E. Existing Structures, Systems And Equipment: The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as otherwise specifically provided in this code or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public and provided continued use is not dangerous to life, health and safety.

Additions, alterations, repairs and changes of use or occupancy in all buildings, structures, and portions of building and structures, shall comply with the provisions for new buildings and structures except as otherwise provided for in this code.

Additions or alterations shall not be made to an existing building or building service equipment which will cause the existing building or building service equipment to be in violation of the provisions of the technical codes nor shall such additions or alterations cause the existing building or building service equipment to become unsafe.

Equipment lawfully in existence at the time of the adoption of this code may have their use, maintenance, or repair continued if their use, maintenance, or repair is in accordance with the original design and a hazard to life, health or property has not been created.

Buildings, structures, and equipment, existing and new, and parts thereof shall be maintained in a safe and sanitary condition. Devices or safeguards which are required by this code shall be maintained in conformance with the technical code under which installed. The owner, owner's agent, and occupant shall be Item No.8B

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responsible for the maintenance of buildings, structures, and their building service equipment. To determine compliance with this section, the building official may cause a structure to be reinspected.

A change in the use or occupancy of any existing building or structure shall comply with the provisions of this code and the existing building code.

It shall be unlawful for any person to own, use, occupy or maintain any building or structure or portion thereof, in the city, or cause the same to be done, contrary to, or in violation of, any of the provisions of this code.

Sec. 8-4.03. Purpose.

The purpose of said Code Administration is to provide minimum standards to safeguard life or limb, property, and public health, safety, and welfare, by regulation and control of the design, construction, addition, alteration, conversion, erection, installation, location, relocation, demolition, repair, maintenance, occupancy, and use of all structures and buildings located within the City and equipment regulated therein.

Sec. 8-4.04. City.

Sec. 8-4.05. Notice of Noncompliance.

Whenever the Building Official determines that work was performed without the required permit, in violation of the issued permit, or has not been conducted in accordance with the requirements of this Code, the Building Official may record a Notice of Noncompliance with the office of the County Recorder and shall notify the property owner of such action. The Notice of Noncompliance shall describe the property, shall set forth the noncomplying conditions, and shall state that the property owner has been so notified.

The Building Official shall submit a Notice of Compliance to the County Recorder when it is determined that noncompliant conditions have been corrected, abated, or removed.

A fee in accordance with the Thousand Oaks Building Code Fee Schedule shall be charged to the property owner to process such Notices.

Sec. 8-4.06. Power of Citation.

Item No.8B

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The Building Official and authorized representative deputies and designees, as hereinafter provided shall have the power to issue citations pursuant to Chapter 5 of Title 1 of this Municipal Code whenever they have reasonable cause to believe that the person to be arrested has committed in their presence a misdemeanor, misdemeanor/infraction, or infraction, consisting of a violation of the provisions of this Code or any other ordinance or statute which the Building Official has duty to enforce.

The persons who are authorized to make arrests as herein provided shall consist of the Building Official and authorized representative deputies and designees, whose duties include administration, regulation, and enforcement activities for the City of Thousand Oaks.

Sec. 8-4.07 Delegates.

Wherever the term “Building Official” appears in this Building Code, it shall mean and refer to the Building Official of the City or his/her authorized representative deputy or designee.

Sec. 8-4.08. Permits.

A. Required: Except as specified in this code, no building, structure or building service equipment regulated by this code shall be erected, constructed, enlarged, altered, repaired, moved, installed, improved, removed, converted or demolished unless a separate, appropriate application has been made and permit for each building, structure or building service equipment has first been obtained from the building official. No grading shall occur without the prior procurement of a grading permit or as authorized by the building official.

B. Work Exempt From Permit: A permit shall not be required for the types of work in each of the separate classes of permit as listed below. Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in violation of the provisions of the building standards codes, zoning code, or any other laws or ordinances of this jurisdiction.

Building Permits. A building permit shall not be required for the following:

1. One-story detached accessory structures used as a children's playhouse or tree house, equipment shed or utility building and similar uses provided that all of the following conditions exist:
(i) The building is accessory to a dwelling unit.
(ii) The building does not exceed one-hundred twenty (120) square feet maximum in area or twelve (12’) feet maximum in overall height from floor to roof.

Item No.8B

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(iii) The building does not contain mechanical, electrical, or plumbing installations that require permits.
(iv) The building is not located in a front, side, or other yard wherein a setback is required by City zoning regulations.
(v) The building is separated more than six (6’) feet minimum from any similar accessory structure and from the dwelling.
(vi) The structure is not regulated by Section 710A of the California Building Code.

2. Fences six (6’) feet maximum in height or masonry block walls (3’) feet maximum in height when measured from top of soil on the lowest grade side of the wall.

3. Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, not extending a yard on a downslope and/or with a soils retention depth of:
(i) Thirty-six (36") inches maximum above grade without a surcharge or (ii) Eighteen (18") inches maximum above grade with a surcharge or supporting a slope.

4. Repairs to roof coverings not exceeding a total of one-hundred (100) square feet maximum or constituting the entire portion of a particular roof type within any 12-month period.

5. Detached decks which are twenty-nine (29”) inches maximum above grade.

6. Water tanks supported directly on grade if the capacity is not greater than 5,000 gallons (18 925 L) and the ratio of height to diameter or width is not greater than 2:1.

7. Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade, and not over any basement or story below and are not part of an accessible route.

8. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.

9. Temporary motion picture, television and theater stage sets and scenery.

10.Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches (610 mm) deep, are not greater than 5,000 gallons (18 925 L) and are installed entirely above ground.

Item No.8B

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11.Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.

12.Swings and other playground equipment accessory to detached one- and two-family dwellings.

13.Window awnings in Group R-3 and U occupancies, supported by an exterior wall that do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support.

14.Nonfixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches (1753 mm) in height.

Electrical Permits. An electrical permit shall not be required for the following:

15.Portable motors or other portable appliances energized by means of cord or cable having an attachment plug end to be connected to an approved receptacle when that cord or cable is permitted by the California Electrical Code.

16.Repair or replacement components of fixed motors, transformers or fixed approved appliances of the same type and rating in the same location.

17.Temporary decorative lighting.

18.Repair or replacement of current-carrying parts of any switch, contactor or control device.

19.Reinstallation of attachment plug receptacles, but not the outlets thereof.

20.Repair or replacement of any overcurrent device of the required capacity in the same location.

21.Repair or replacement of electrodes or transformers of the same size and capacity for signs or gas tube systems.

22.Removal of electrical wiring.

23.Temporary, as defined in Section 108 of the California Building Code, for wiring for experimental purposes in suitable experimental laboratories.

24.The wiring for temporary, as defined in Section 108 of the California Building Code, for theater, motion picture or television stage sets.

Item No.8B

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25.Electrical wiring, devices, appliances, apparatus or equipment operating at less than twenty-five (25) volts and not capable of supplying more than fifty (50) watts of energy.

26.Low-voltage electrical power, control and signal circuits of Classes II and III as defined in the California Electrical Code.

Plumbing Permits. A plumbing permit shall not be required for the following:

27.Water lines to residential refrigerators for ice-making machines.

28.Emergency Repairs. Where equipment replacements and repairs must be performed in an emergency situation and a permit is required, the permit application shall be submitted to the building official within the next working business day.

Sec. 8-4.09. Application for Permit.

To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished by the department of building safety for that purpose. Such application shall:

1. Identify and describe the work to be covered by the permit for which application is made.

2. Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work.

3. Indicate the use and occupancy for which the proposed work is intended.

4. Be accompanied by construction documents and other information as required in Section 107 of the California Building Code.

5. State the valuation of the proposed work.

6. Be signed by the applicant, or the applicant's authorized agent.

7. Give such other data and information as required by the building official.

8. Applications for plumbing, mechanical and electrical permits, describing the work to be done, shall be made in writing to the Building Official by a properly licensed contractor, his/her authorized representative, or by a person properly qualified and licensed by the Contractor's State License Board, under the provisions of the Business and Professions Code of the State of California, except when and as otherwise hereinafter provided in Item No.8B

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this section. Permits may be issued to specialty-licensed contractors or licensed general building contractors when acting within the provisions of State Contracting License Law.

9. Any permit required by this Code may be issued to any person to do any work regulated by this Code in a single family dwelling used exclusively for living purposes, including the usual accessory buildings and quarters in connection with such building, in the event that any such person is the bona fide owner of any such dwelling and accessory buildings and quarters, and that the same are occupied by said owner, provided that such owner shall personally purchase all material and shall personally perform all labor in connection therewith and demonstrate the knowledge and ability to perform said construction work in conformance with the requirements of the California Plumbing, Mechanical or Electrical Codes. If, in the opinion of the enforcing authority, such knowledge and ability is insufficient, a person licensed to do such work may be required.

Sec. 8-4.10. Time Limitation of Application.

Every permit application for which no permit is issued within 180 days after the date of permit application shall expire by limitation and become invalid, unless such permit application is pursued in good faith or permit is issued, and construction documents and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Official. The applicant shall submit permit application and construction documents and pay applicable permit application and plan review fees for such construction work after expiration of the initial permit application. The Building Official may extend the time for action by the applicant for a period not exceeding 180 days on written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. No application approved under a previous code version shall be extended more than 180 days after a new code version is effective. Once an application has expired hereunder, no further action shall be taken. The applicant may submit new or the same plans and pay a new plan review fee at any time after expiration of the original application. Application will be subject to current code requirements.

Sec. 8-4.11. Time Limitation of Permit.

A.Permit Expiration.

Every permit issued by the building official under the provisions of this code shall expire by limitation and become null and void unless work authorized by such permit is commenced within one year (365 calendar days) from the issuance date of such permit. If work authorized by such permit is commenced within three hundred sixty-five (365) calendar days from the issuance date, such permit shall expire by limitation and become null and void one hundred eighty (180) calendar days after the date of the last successful inspection.

Item No.8B

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1. Expiration of Permit for Unlawful Construction.

Notwithstanding any provision of Section A above, or any other provision of this chapter, if a building permit was issued in order to bring an unpermitted structure or other unlawful, substandard, or hazardous condition into compliance with any applicable law, or ordinance, such permit shall expire by limitation and become null and void ninety (90) calendar days after the date on which the permit was issued. The building official may extend the validity of the permit for a period not exceeding ninety (90) calendar days beyond the initial ninety (90) day limit upon written request by the applicant filed with the building official prior to the expiration date of the original permit.

B. Permit Extension.

A permit can be extended provided no changes have been made in the original plans and specifications for such work. A permit can receive an extension while it is valid or within thirty (30) days of expiration. The building official may extend a permit for a period not exceeding one hundred eighty (180) days from the date of expiration. The permittee shall submit a written request showing that circumstances beyond the control of the permittee have prevented action from being taken and a permit extension fee shall be paid. Permits shall not be extended more than once.

C. Expired Permits.

Any permit expired for more than thirty (30) days shall require a new permit and applicable fees as determined by the building official for the remaining scope of work shall be paid.

Sec. 8-4.12. Demolition Permits.

No person, firm or corporation shall raze any building or structure, or portion thereof, in the City, or cause the same to be done, without first obtaining a separate Demolition Permit for each building or structure from the Building Official.

To obtain a demolition permit of an entire structure, the applicant shall first file a written application for demolition permit, and associated preliminary site inspection, and pay all fees as set by resolution of the City Council. A construction and debris recycling plan and associated fee may also be required by the Public Works Department. A building alteration permit shall be obtained when a building will be partially demolished.

The applicant shall cause all utility services, including gas, electric, water and wastewater services, to be terminated and removed by the appropriate utility agency. A written notification of termination of service by the utility agencies shall be obtained by the applicant and submitted to the Building Division prior to permit issuance.

Item No.8B

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The applicant shall schedule an inspection of abandoned sewers, septic tanks, cesspools, and water wells immediately upon excavation and exposure and prior to fill in or cap off. Fill materials and/or cap devices shall be located on site at the time of inspection. Sewers, septic tanks, and cesspools shall be filled or capped in accordance with the current edition of the California Plumbing Code as adopted by the City of Thousand Oaks. Water wells shall be abandoned in accordance with the City of Thousand Oaks Public Works Department specifications.

The applicant shall restore the site within the former building area to be consistent with adjacent grades and remove of all resulting building debris, trash, junk, or any other material that constitutes a threat to life, health, or property or is inimical to the public welfare.

A final inspection of the site shall be scheduled by the permit holder or authorized agent immediately after the demolition of the structure or building.

Sec. 8-4.13 Noticed Code Violations.

Where noticed code violations exist, the building official shall issue a notice of denial of permit to the permit applicant or to the current owner (if not the applicant). The notice of denial of permit shall include a description of the noticed code violations. Failure of any person to receive a properly addressed notice of denial of permit pursuant to this section shall not invalidate the denial of a permit.

1. The building official may issue a permit or a permit with conditions to an owner, despite the existence of one or more noticed code violations, if it is determined that one of the following circumstances exists:

A. The noticed code violations require the permit being applied for in order to abate the violations.

B. Denial of a permit would result in an immediate threat to:
i. The health or safety of occupants of the real property on which noticed code violations exist; or
ii. The occupants of adjoining private property; or c) persons on public property.

Sec. 8-4.14. Fees.

A. Schedule of Building Permit Fees.

Fees shall be established by resolution of the City Council and assessed in accordance with this section and the Thousand Oaks User Fee Schedule.

B. Strong Motion Instrumentation Program Fund.

In addition to and considered a part of the fees collected pursuant to the City Council resolution establishing building permit fees, a fee shall be collected from all applicants for building permits, as required by California Public Resources Code Section 2705, for the administration of the State of California Strong Motion Item No.8B

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Instrumentation Program. The amount of this fee will be specified in the Thousand Oaks User Fees. All funds raised by such additional fee shall be placed in a trust fund which shall be known as the Strong Motion Instrumentation Program Fund and shall be remitted quarterly to the State of California pursuant to the provisions of Chapter 8 of Division 2 of the Public Resources Code and the rules and regulations of the Division of Mines and Geology of the Department of Conservation.

C. Other Fees.

Fees as established by resolution of the City Council and in accordance with the Thousand Oaks User Fee Schedule shall be required and paid for Building Department services, including, but not limited to, plan examination and construction inspection beyond normal business hours.

Permits for which no fees are required may be issued upon prior approval by the Building Official for qualified projects of City departments or other governmental agencies and for minor projects not inimical to public health, safety or welfare.

In specific circumstances when consultant professional services may be used by the Building and Safety Division, those costs may be directly charged to the applicant as fees.

D. Reinspection Fees
A reinspection fee shall be established by resolution of the City Council be assessed by the Building Official. In instances where reinspection fees have been assessed, no additional inspection of the work will be performed until the required reinspection fees have been paid.

E. Refunds.

The Building Official may authorize fee refunds upon written application by the original permittee, within the limitations set forth herein:

1. Any fee totaling Thirty-five and no/100ths ($35.00) Dollars or less, exclusive of issuance fee, if any, shall be nonrefundable except as specified in subsection 2 below.

2. One hundred (100%) percent of any fee erroneously paid or collected shall be refundable.

3. Ninety (90%) percent of any plan review fee shall be refundable when the permit application is withdrawn or cancelled prior to Item No.8B

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commencement of plan review. Plan review fees will be
nonrefundable once the plan review has commenced.

4. Eighty (80%) percent of any permit fee shall be refundable when the construction work authorized by such permit has not commenced.

5. Ninety (90%) percent of any Board of Appeals filing fee shall be refundable when such hearing is cancelled prior to the issuance of a Notice of Hearing pertaining to the case.

6. Permits not issued to, or authorized by, the property owner shall be nonrefundable.

7. Third-party fees collected by the City on behalf of other agencies or the State, said related fees are nonrefundable once fees have been surrendered to the third-party agencies.

Failure of the permit holder to submit written application for a refund within 180 days of expiration of a plan review, permit, hearing, or request for service for which a fee has been paid, shall constitute a waiver of entitlement to a refund. No partial refund shall be authorized, nor credit be applied against other fees which may be payable to the City of Thousand Oaks, when a construction project is cancelled or abandoned subsequent to partial completion of the building or work authorized by a permit.

Sec. 8-4.15. Reinspection.

A reinspection fee may be assessed by the Building Official or designee to control the practice of calling for inspections before the job is ready for such inspection or reinspection. In instances where reinspection fees have been assessed, no additional, inspection of the work will be performed unit the required fees have been paid.

Sec. 8-4.16. Certificate of Occupancy.

Change of Occupancy
A building or structure shall not be used or occupied in whole or in part, and a change of occupancy of a building or structure or portion thereof shall not be made, until the building official has issued a certificate of occupancy therefor as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction.

Certificates presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid.

Exception: Certificates of occupancy are not required for work exempt from permits in accordance with Sec. 8-4.08.

Item No.8B

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Exception: Detached single-story structures classified as U occupancies accessory to R-3 residential occupancies.

Sec. 8-4.17. Unsafe Conditions.

Structures or existing equipment that are or hereafter become unsafe, insanitary or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or that constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or inadequate maintenance, or that are identified as unsafe by the International Property Maintenance Code, shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe, as the building official deems necessary and as provided for in this section. A vacant structure that is not secured against unauthorized entry shall be deemed unsafe.

Part 4
Chapter 5 of Title 8 of the Thousand Oaks Municipal Code is hereby amended to read as follows:

CHAPTER 5. INTERNATIONAL PROPERTY MAINTENANCE CODE
Sec. 8-5.01. Adoption of International Property Maintenance Code.

That certain Code designated as the 2021 Edition of the International Property Maintenance Code, including Appendix A, published by the International Code Council, at least one copy of which is on file in the office of the Building Official for public record and inspection, is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full, subject however, to amendments, additions and deletions. Said Code shall be known as the Property Maintenance Code 2021 Edition for the City.

Sec. 8-5.02. Deletions
The following sections are deleted from the International Property Maintenance Code:

Section 102.8, 107, 302, 303, 308, 309.3, 309.4, 309.5. Refer to Section 102.3 for referenced codes.

Sec. 8-5.03. Applicability of Other Codes
Section 101.2 of the 2021 International Property Maintenance Code is amended to read as follows:
101.2 Scope.

Item No.8B

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The provisions of this code and Title 8, Chapter 4, the City of Thousand Oaks Code Administration shall apply to all existing residential and nonresidential structures and all existing premises and constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating sanitation, protection from the elements, a reasonable level of sanitary maintenance the responsibility of owner, an owner’s authorized agent, operator and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties.

Section 102.3 of the 2021 International Property Maintenance Code is amended to read as follows:
102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the California Building Code, California Residential Code, California Fire Code, California Existing Building Code, California Energy Code, California Plumbing Code, California Electrical Code, California Mechanical, California Green Building Code and any adopted local amendments.

When the International Codes are referenced with this code in the City of Thousand Oaks shall mean the current California Codes and all local amendments. When standards are referenced within this Code in the City of Thousand Oaks, the reference shall mean the most current California Referenced Standards.

Sec. 8-5.04. Amendments
Section 304.14 is amended to read as follows:
304.14 Insect screens. Every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of 16 mesh per inch (16 mesh per 25 mm) minimum, and every screen door used for insect control shall have a self-closing device in good working condition.

Section 309.2 of the 2021 International Property Maintenance Code is amended to read in full as follows:
309.2 Owner. The owner of any structure shall be responsible for pest elimination within the structure.

Item No.8B

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Sec. 8-5.05. Amendments: Heating Facilities
Section 602.3 is amended to delete exceptions and read as follows:
602.3 Heating supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, shall supply heat to maintain a minimum temperature of 68 (F) degrees (20C) in all habitable rooms, bathrooms and toilet rooms.

Part 5
Chapter 6 of Title 8 of the Thousand Oaks Municipal Code is hereby amended to read as follows:

CHAPTER 6. MECHANICAL CODE
Sec. 8-6.01. Adoption of California Mechanical Code.

That certain Code designated as the “California Mechanical Code”, 2022 Edition, including its Standards and Appendices, based upon the Uniform Mechanical Code, 2022 Edition, published by the International Association of Plumbing and Mechanical Officials, at least one copy of which is on file in the office of the Building Official for public record and inspection, is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full, subject, however, to the amendments, additions and deletions set forth in this chapter. Said Code shall be known as the Mechanical Code of the City.

Sec. 8-6.02. Amendments: California Mechanical Code.

The City Council, after due consideration, finds and determines that, due to the need to establish administrative procedures to enforce the California Mechanical Code, as well as due to local climatic, geological, or topographical conditions, including unusual soil conditions prevailing within the City, the public health and welfare would best be served by adding to and amending the California Mechanical Code.

Sec. 8-6.03. Jurisdiction.

The name “City of Thousand Oaks” is hereby inserted in any and all blank spaces provided in said California Mechanical Code, 2022 Edition, for the name of the jurisdiction adopting said Code, and wherever the word “city” or “jurisdiction” appears in said Code or is otherwise used, it shall mean and refer to the City of Thousand Oaks.

Sec. 8-6.04. Amendments: Chapter 1, Division II, Administration Item No.8B

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Section 101.2 “Scope” is amended to read as follows:
101.2 Scope.

The provisions of this code and Title 8, Chapter 4, the City of Thousand Oaks Code Administration shall apply to the erection, installation, alteration, repair, relocation, replacement, addition to, use, or maintenance of mechanical systems within this jurisdiction.

Sections 103,104, 106, 107 and Table 104.5 are hereby deleted.

Part 6
Chapter 7 of Title 8 of the Thousand Oaks Municipal Code is hereby amended to read as follows:

CHAPTER 7. CALIFORNIA RESIDENTIAL CODE
Sec. 8-7.01. Adoption of the California Residential Code.

That certain Code designated as the “California Residential Code”, 2022 Edition, based upon the International Residential Code, 2021 Edition, as amended herein is adopted.

Sec. 8-7.02. Amendments: California Residential Code.

The City Council, after due consideration, finds and determines that due to the geographical location of the City and the unusual soil, geological and topographical conditions prevailing within the City, the public health and welfare would best be served by adopting and amending the 2022 California Residential Code including Appendix AH, AJ, AQ, AT, AX, and AZ and therefore said California Residential Code is hereby amended as follows:

Section R101.2 “Scope” is amended to read as follows:
101.2 Scope.

The provisions of this code and Title 8, Chapter 4, the City of Thousand Oaks Code Administration shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress and their accessory structures not more than three stories above grade plane in height.

Item No.8B

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Exception: The following shall be permitted to be constructed in accordance with this code where provided with an automatic sprinkler system complying with Section R313:

1. Live/work units located in townhouses and complying with the requirements of Section 508.5 of the California Building Code.

2. Owner-occupied lodging houses with five or fewer guestrooms.

3. A care facility with five or fewer persons receiving custodial care within a dwelling unit.

4. A care facility with five or fewer persons receiving medical care within a dwelling unit.

5. A care facility for five or fewer persons receiving care that are within a single-family dwelling.

Sections R104, R105, R106, R107, R108, R109, R110, R111, R112, R113, and R114 of Chapter 1, Division II are hereby deleted.

Sec. 8-7.03. Reserved.

Sec. 8-7.04 Amendments: Foundations.

The last sentence of Section R401.1 of Chapter 4 is amended to read as follows:

Wood foundations in Seismic Design Category D 0, D1, D2 or E shall not be permitted.

Section R401.1 “Application” is amended by adding the following paragraph:

Grading related work shall comply with the requirements of this code and the requirements of Thousand Oaks Municipal Code Title 7, Chapter 3 and Section 8-1.24 of the Thousand Oaks Municipal Code for grading regulations, administered by the Department of Public Works, for requirements governing excavation, grading and earthwork construction including fills and embankments.

Section R401.3 “Drainage” is amended by adding the following:

Lots shall be graded to drain to the street or to a disposal area approved by the Building Official and/or City Engineer.

The first sentence of Sec. R403.1 “General” is amended to read as follows:

All exterior walls and load bearing interior walls shall be supported on continuous concrete footings, or other approved structural systems which shall be of sufficient design to accommodate all loads according to Section R301 and to Item No.8B

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transmit the resulting loads to the soil within the limitations as determined from the character of the soil.

Section R403.1.1 “Minimum size” is amended to read as follows:

All foundation and/or slab designs shall be predicated upon a soil analysis.

Said design shall not be less than those minimum requirements set forth in Municipal Code Section 8-1.17, Table 1809.7(1) for each soil expansion range.

Post-tensioned slab design, when recommended by the soils engineer, may be used in lieu of the requirements when approved by the Building Official.

In areas where the soil is found to be in an expansive range index over twenty (20), the soil under the footings and slabs shall be pre-saturated in accordance with Table 1809.7(1). Municipal Code Section 8-1.17 for additional requirements.

Section R403.1.5 “Slope” is amended by adding the following:

For structures located in Seismic Design Categories D0, D1, D2 or E, stepped footings shall be reinforced with four one-half (1/2”) inch diameter deformed reinforcing bars. Two (2) bars shall be placed at the top and bottom of the footings as shown in Figure R403.1.5.

Figure R403.1.5
Section R403.1.6 “Foundation Anchorage” is amended to replace ½-inch diameter anchor bolts with 5/8-inch diameter anchor bolts.

Item No.8B

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Section R403.1.7 “Footings on or adjacent to slopes” is amended to read as follows:

Footings shall comply with the requirements of this code and the requirements of Thousand Oaks Municipal Code Section 8-1.17 section 1808.7 for foundations on or adjacent to slopes.

Sections R403.1.7.1, R403.1.7.2 and R403.1.7.4 are hereby deleted.

Section R403.1.8 “Foundations on Expansive Soils” is amended to read as follows:

R403.1.8 Foundations on Expansive Soils.

Foundation and floor slabs for buildings located on expansive soils shall be designed in accordance with Section 1808.6 of the California Building Code and Municipal Code Section 8-11.17.

Exception: Slab-on-ground and other foundation systems that have performed adequately in soil conditions similar to those encountered at the building site are permitted subject to the approval of the building official.

R403.1.8.1 Expansive Soils Classifications
Soils meeting all of the following provisions shall be considered to be expansive, except that tests to show compliance with Items 1, 2 and 3 shall not be required if the test prescribed in Item 4 is conducted:

1. Plasticity Index (PI) of 15 or greater, determined in accordance with ASTM D4318.

2. More than 10 percent of the soil particles pass a No. 200 sieve (75 µm), determined in accordance with ASTM D422.

3. More than 10 percent of the soil particles are less than 5 micrometers in size, determined in accordance with ASTM D422.

4. Expansion Index greater than 20, determined in accordance with ASTM D4829.

Section R404.2 “Wood foundation walls” is amended by adding the following sentence:

Wood foundation walls shall not be used for structures located in Seismic Design Category D0, D1, D2, and E.

Item No.8B

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Sec. 8-7.05. Amendments: Concrete Floors (On Ground).

Section R506.1 “General” is amended by adding the following:

In lieu of a more detailed design per Section 1808.6 of the 2022 California Building Code, the following minimum requirements for concrete slab on ground shall apply:

Slab floors shall be reinforced as set forth in Municipal Code Section 8-

1.17 Table 1809.7 (1).

All slabs founded on soils found to be in an expansive index of over fifty (50) shall be doweled into foundation walls with No. 3 minimum reinforcing steel bars bent twelve (12") inches minimum into the wall and thirty-six (36") inches minimum into the slab at twenty-four (24") inches maximum on center. Interior walls with continuous footings/foundations shall have similar floor ties.

Exception:

An alternate design, such as a floating slab eliminating the requirement for doweling, may be submitted to the Building Official for approval.

Section R506.2.1 “Fill” is amended by adding the following:

Grading related work shall comply with the requirements of this code and the requirements of Thousand Oaks Municipal Code Title 7, Chapter 3 and Section 8-1.24 for grading regulations, administered by the Department of Public Works, for requirements governing excavation, grading and earthwork construction including fills and embankments.

Sec. 8-7.06. Amendments: Roof Assemblies.

Part III, Chapter 9, Section R901.1 “Scope” is amended by adding the following paragraph:

The roofing requirements of Chapter 15 of the 2022 California Building Code, as modified by Municipal Code Sections 8-1.14 and 8-1.15 shall also govern the design materials, construction and quality of roof assemblies.

Section R902.1.2 “Roof coverings in all other areas” is amended to read as follows:

R902.1.2 Roof Coverings in all other areas. The entire roof covering of every existing structure where more than fifty (50%) percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of Item No.8B

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the roof of every existing structure shall be a fire-retardant roof covering that is at least Class A.

Section R902.2 “Fire retardant-treated shingles and shakes” is amended as follows:

R902.2 Fire-Retardant-Treated Shingles and Shakes. Fire-retardant- treated wood shakes and shingles are wood shakes and shingles complying with UBC Standard 15-3 or 15-4 which are impregnated by the full-cell vacuum- pressure process with fire-retardant chemicals, and which have been qualified by UBC Standard 15-2 for use on Class A roofs. Fire-retardant-treated wood shakes and shingles shall comply with ICC-ES EG107 and with the weathering requirements contained in Health and Safety Code Section 13132.7 (j). Each bundle shall bear labels from an ICBO accredited quality control agency identifying their roof-covering classification and indicating their compliance with ICC-ES EG107 and with the weathering requirements contained in Health and Safety Code Section 13132.7 (j).

Health and Safety Code Section 13132.7 (j) No wood roof covering materials shall be sold or applied in this state unless both of the following conditions are met:

1. The materials have been approved and listed by the State Fire Marshal as complying with the requirements of this section.

2. The materials have passed at least five years of the 10-year natural weathering test. The 10-year natural weathering test required by this subdivision shall be conducted in accordance with Standard 15-2 of the 1994 edition of the Uniform Building Code at a testing facility recognized by the State Fire Marshal.

Section R902.3 “Building-Integrated Photovoltaic Product” is amended to read as follows:

R902.3 Building-Integrated photovoltaic product. Building-integrated photovoltaic (BIPV) products installed as the roof covering shall be tested, listed and labeled for fire classification in accordance with UL 7103 [SFM] Section R902.1 through R902.1.3. Class A products shall be installed where the edge of the roof is less than 3 feet (914 mm) from a lot line.

Section R902.4 “Rooftop-Mounted Photovoltaic (PV) panel systems” is amended to read as follows:

R902.4 Rooftop-mounted photovoltaic (PV) Panel Systems. Rooftop- mounted photovoltaic (PV) panel systems installed on or above the roof covering shall be tested, listed and identified with a fire classification in accordance with UL 2703. Listed systems shall be installed in accordance with the manufacturer's Item No.8B

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installation instructions and their listing. Class A photovoltaic panel systems and modules shall be installed in jurisdictions designated by law as requiring their use or where the edge of the roof is less than 3 feet (914 mm) from a lot line.

Sec. 8-7.07. Amendments: Masonry Fireplaces.

Chapter 10, Section R1001.3.1 “Vertical Reinforcing” is amended to read as follows:

Vertical Reinforcing. For chimneys up to forty (40”) inches maximum wide, four No. 4 minimum continuous vertical bars shall be placed between wythes of solid masonry or within the cells of hollow unit masonry, extended to the bottom one-third of the footing and turned a twenty-four (24”) inches minimum horizontal, and grouted in accordance with Section R606. Grout shall be prevented from bonding with the flue liner so that the flue liner is free to move with thermal expansion. For chimneys more than forty (40”) inches minimum wide, two additional No. 4 vertical bars shall be provided for each additional flue incorporated into the chimney or for each additional forty (40”) inches in width or fraction thereof.

Sec. 8-7.08. Amendments: Patio Covers
Appendix AH, Section AH15.1 “Design Loads” is amended to read as follows:

Section AH105.1 Design loads. Patio covers shall be designed and constructed to sustain, within the stress limits of this code, all dead loads plus a vertical live load of 20 pounds per square foot minimum except roof dead loads 3 pounds or less per square foot may be designed at 10 pounds per square foot minimum live load. Such covers shall be designed to resist to minimum wind load set forth in Section R301.2.1.

Section 8-7.09. Amendments: Appendix AZ – Emergency Housing Section AZ103.3 “Occupant Load” is amended to read as follows:

AZ103.3 Occupant Load.

Exceptions:

1. Tents.

Item No.8B

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2. Recreational vehicles and park trailers designed for human habitation that meet the requirements in the Health and Safety Code, Sections 18009.3 and 18010, as applicable.

Section AZ104.1 “General” is amended to read as follows:

AZ104.1 General.

Part 7
Chapter 8 of Title 8 of the Thousand Oaks Municipal Code is hereby amended to read as follows:

CHAPTER 8. PLUMBING CODE
Sec. 8-8.01. Adoption of the California Plumbing Code.

That certain Code designated as the “California Plumbing Code,” 2022 Edition, as adopted by the State of California, based upon the Uniform Plumbing Code, 2021 Edition, including all Appendices, and published by the International Association of Plumbing and Mechanical Officials, at least one copy of which is on file in the office of the Building Official for public record and inspection, is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full, subject, however, to the amendments, additions and deletions set forth in this chapter. Said Code shall be known as the Plumbing Code of the City.

Sec. 8-8.02. Amendments: California Plumbing Code.

The City Council, after due consideration, finds and determines that, due to the need to establish administrative procedures to enforce the California Plumbing Code, as well as due to local climatic, geological, or topographical conditions, including unusual soil conditions prevailing within the City, the public health and welfare would best be served by adding to and amending the California Plumbing Code, and, therefore, said California Plumbing Code, 2022 Edition, is hereby amended as follows:

Item No.8B

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Section 101.2 “Scope” is amended to read as follows:
101.2 Scope.

Section103.1 “General” is amended to read as follows:
103.1 General.

The Authority Having Jurisdiction shall be the Authority duly appointed to enforce this code. For such purposes, the Authority Having Jurisdiction shall have the powers of a law enforcement officer. The Authority Having Jurisdiction shall have the power to render interpretations of this code and to adopt and enforce rules and regulations supplemental to this code as deemed necessary in order to clarify the application of the provisions of this code. Such interpretations, rules, and regulations shall comply with the intent and purpose of this code.

In accordance with the prescribed procedures and with the approval of the appointing authority, the Authority Having Jurisdiction shall be permitted to appoint a such number of technical officers, inspectors, and other employees as shall be authorized from time to time. The Authority Having Jurisdiction shall be permitted to deputize such inspectors or employees as necessary to carry out the functions of the code enforcement agency.

The Authority Having Jurisdiction shall be permitted to request the assistance and cooperation of other officials of this jurisdiction so far as required in the discharge of the duties in accordance with this code or other pertinent law or ordinance.

Wherever the term “Authority Having Jurisdiction” is used in this Code, it shall be construed to mean the Building Official/Building Division Manager or his/her authorized representative deputy or designee.

Sections 104.0 and 106.0 and 107.0 of Chapter I, Division II are hereby deleted.

Sec. 8-8.03. Amendments: Fees.

Section 104.5 of said California Plumbing Code is amended and Table 104.5 is deleted, and is to read as follows:
104.5 Fees.

Item No.8B

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Fees shall be assessed in accordance with the provisions of this section and as set forth by the User Fees adopted by this jurisdiction.

Sec. 8-8.04. Amendments: Appendix Chapter D, Table D101.1: Maximum Rates Of Rainfall For Various Cities.

Table D101.1 of said California Plumbing Code is hereby amended to read as follows:

D101.1 Maximum Rates Of Rainfall For Various Cities.

The rainfall rates in table D101.1 shall be used for design unless higher values are established locally.

TABLE D-101.1

MAXIMUM RATES OF RAINFALL FOR VARIOUS CITIES
Storm Drainage
60-Minute Duration, 100-Year Return
States And Cities
Inches Per Hour Gallon Per Minute
Per Square Foot
TABLE D-101.1

MAXIMUM RATES OF RAINFALL FOR VARIOUS CITIES
Storm Drainage
60-Minute Duration, 100-Year Return
States And Cities
Inches Per Hour Gallon Per Minute
Per Square Foot

CALIFORNIA
Eureka 1.5 0.016
Lake Tahoe 1.3 0.014
Los Angeles 2.0 0.021
Lucerne Valley 2.5 0.026
Needles 1.5 0.016
Palmdale 3.0 0.031
Redding 1.5 0.016
San Diego 1.5 0.016
San Francisco 1.5 0.016
San Luis Obispo 1.5 0.016
Thousand Oaks Minimum 3.0 1 Minimum 0.0311
Footnote 1. Value is subject to the project site and is to be determined by ASCE hazard tool. No project shall be designed less than 3-inches per hour or 0.031 gallons per minute per square foot.

Item No.8B

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Part 8
Chapter 10 of Title 8 of the Thousand Oaks Municipal Code is hereby amended to read as follows:

CHAPTER 10. ELECTRICAL CODE
Sec. 8-10.01. Adoption of the California Electrical Code.

That certain Code designated as the 2022 California Electrical Code based upon the 2020 National Electrical Code, including Annex C and D, published by the National Fire Protection Association, at least one (1) copy of which is on file in the Office of the Building Official for public record and inspection, is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full, subject, however, to the amendments, additions and deletions set forth in this chapter, and said California Electrical Code and provisions shall be known as the Electrical Code of the City.

Sec. 8-10.02 Amendments: California Electrical Code.

The City Council, after due consideration, finds and determines that, due to the need to establish administrative procedures to enforce the California Electrical Code, as well as due to local conditions, including its geographical location and unusual soil, geological, and topographic conditions prevailing within the City, the public health and welfare would best be served by adding to and amending the California Electrical Code.

Sec. 8-10.03. Amendments: Administration.

Enforcing Official. Whenever the term or title “Enforcing Agency or Official”, “Authority having jurisdiction” or “Building Official” is used herein, it shall mean the Building Official/Building Division Manager or his/her authorized representative deputy or designee.

Section 89.101.3 “Scope” is amended, and subsections are adopted as published, is to read as follows:

89.101.3 Scope.

The provisions of this code and Title 8, Chapter 4, the City of Thousand Oaks Code Administration shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures throughout the State of California.

Item No.8B

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A new Article 90.10 is added to read as follows:

90.10 Additional Provisions. Refer to Title 8 Chapter 1 of the Thousand Oaks Municipal Code and Chapter 1, Division II, of the 2022 California Building Code for the following topics:

Powers and Duties of the Building Official, Right of Entry, Stop Orders, Liability, Board of Appeals, Violations, Authority to Disconnect, Permits, Annual Permit, Expiration of Permits, Electrical Plan Review, Fees and Inspections, and Work Exempt from Permits.

Sec. 8-10.04 Amendments: Article 90.4: Enforcement.

Article 90.4 of said California Electrical Code is hereby amended by adding sub-section (90.4.1) to read as follows:

90.4.1 Used Electrical Equipment.

Unless otherwise approved by the Building Official, all electrical equipment installed in the City of Thousand Oaks shall be new and shall be listed by a recognized testing laboratory. Used equipment may be installed when sufficient documentation has been received and approved by the Building Official. The documentation shall consist of tests by a recognized testing laboratory sufficient to warrant and certify the equipment as safe for the intended use.

Sec. 8-10.05 Amendments: Article 110.8: Wiring Methods.

Article 110.8 of the 2022 California Electrical Code is hereby amended read as follows:
110.8 Wiring Methods.

Only wiring methods recognized as suitable are included in this Code. The recognized methods of wiring shall be permitted to be installed in any type of building or occupancy, except as otherwise provided in this Code.

Additions, extensions, alterations or renewal of existing wiring installations shall be made in compliance with the provisions of this Code. Where additions, alterations or extensions of a wiring installation are proposed, where this Code requires a metallic conduit system, and the existing installation was lawfully installed according to any other applicable ordinance, code or order, and the existing wiring is not unsafe in the opinion of the Building Official, the existing wiring need not be replaced.

Sec. 8-10.06 Amendments: Article 240.24 (E) Location in or on premises.

Item No.8B

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Article 240.24(E) of the 2022 California Electrical Code is hereby amended to read as follows:
(E) Not Located in Bathrooms.

In dwelling units, dormitory units, and guest rooms or guest suites, overcurrent devices, other than supplementary overcurrent protection, shall not be located in bathrooms. Branch circuit panel boards shall not be installed within rooms containing a shower or in rooms within five (5’) feet of a bathtub without a showerhead.

Sec. 8-10.7 Reserved.

Sec.8-10.8 Amendments: Table 310.106(A) Minimum Size of Conductors.

Table 310.106(A) is hereby amended by revising the minimum conductor size for Aluminum or Copper-Clad Aluminum wire to No. 6 A.W.G standard conductor for conductor voltage rating from 0 to 8000 volts.

Sec.8-10.9 Reserved.

Sec.8-10.10 Reserved.

Part 9
Chapter 14 of Title 8 of the Thousand Oaks Municipal Code is hereby amended to read as follows:

CHAPTER 14. ENERGY CODE
Sec. 8-14.01. Adoption of California Energy Code.

That certain Code designated as the 2022 California Energy Code, at least one copy of which is on file in the office of the Building Official for public record and inspection, is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full, subject however, to amendments, additions and deletions. Said Code shall be known as the Energy Code 2022 Edition for the City.

Sec. 8-14.02. Amendments.

Section 100.0 “Scope” is amended to read as follows:
100.1 Scope.

The provisions of this code and Title 8, Chapter 4, the City of Thousand Oaks Code Administration shall apply to the erection, installation, alteration, repair, relocation, Item No.8B

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replacement, addition to, use, or maintenance of plumbing systems within this jurisdiction.

Subsections (a) through (h) are adopted as published and without amendments.

Part 10
Chapter 16 of Title 8 of the Thousand Oaks Municipal Code is hereby amended to read as follows:

CHAPTER 16. GREEN BUILDING STANDARDS
Sec. 8-16.01. Adoption of California Green Building Standards Code.

That certain Code, designated as the 2022 California Green Building Standards Code, at least one (1) copy of which is on file in the office of the Building Official for public record and inspection, is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full, subject, however, to the amendments, additions and deletions set forth in this chapter. Said California Green Building Standards Code, as amended herein, shall be known as the Green Building Standards Code of the City.

Sec. 8-16.02. Amendments: California Green Building Standards Code.

The City Council, after due consideration, finds and determines that the 2022 California Green Building Standards Code is hereby amended as follows:

Section 101.3 “Scope” is amended, subsections adopted as published, and is to read as follows:
101.3 Scope.

The provisions of this code and Title 8, Chapter 4, the City of Thousand Oaks Code Administration shall apply to the planning, design, operation, construction, use and occupancy of every newly constructed building or structure, unless otherwise indicated in this code, throughout the State of California.

It is not the intent that this code substitute or be identified as meeting the certification requirements of any green building program.

Section 101.12 titled: “Fee for Mandatory Measures” is added and is to read as follows:
101.12 Fee for Mandatory Measures. A fee established by resolution of City Council and in accordance with the Thousand Oaks Building Code Fee Schedule Item No.8B

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for plan examination and permit fees shall be assessed to verify compliance with the mandatory measures of the California Green Building Standards Code.

Part 11
Chapter 17 of Title 8 of the Thousand Oaks Municipal Code is hereby amended to read as follows:

CHAPTER 17. EXISTING BUILDING CODE
Sec. 8-17.01. Adoption of California Existing Building Code.

That certain Code, designated as the 2022 California Existing Building Code, at least one (1) copy of which is on file in the office of the Building Official for public record and inspection, is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full, subject, however, to the amendments, additions and deletions set forth in this chapter. Said California Existing Building Code, as amended herein, shall be known as the Existing Building Code of the City.

Sec. 8-17.02. Amendments: California Existing Building Code.

The City Council, after due consideration, finds and determines that the 2022 California Existing Building Code is hereby amended as follows:

Section 101.2 “Scope” is amended, subsections adopted as published, and is to read as follows:
[A]101.2 Scope.

The provisions of this code and Title 8, Chapter 4, the City of Thousand Oaks Code Administration shall apply to the repair, alteration, change of occupancy, addition to and relocation of existing buildings.

Where work regulated by this code is also regulated by the construction requirements for existing buildings in Chapter 11 of the California Fire Code, such work shall comply with applicable requirements in both codes.

Item No.8B

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Section 103 “Department of Building and Safety” Refer to Title 8 Chapter 1 of the Thousand Oaks Municipal Code, and Chapter 1, Division II, of the 2022 California Building Code for the following topics:

Powers and Duties of the Building Official, Right of Entry, Stop Orders, Liability, Board of Appeals, Violations, Authority to Disconnect, Permits, Annual Permit, Expiration of Permits, Plan Review, Inspections and Work Exempt from Permits.

Sections 104, 105, 106, 107 108, 109, 110, 111, 112, 113, 114, 115, 116 and 117 of Chapter I, Division II are hereby deleted.

Sec. 17-1.03. Safety Assessment Placards.

Section 118 “Safety Assessment Placards” is hereby added to Chapter 1 Division II-Scope and Administration of the 2022 California Existing Building Code, to read as follows:

Section 118 Safety Assessment Placards

118.1 Intent. This section establishes standard placards to be used to indicate the condition of a structure for continued occupancy. The section further authorizes the Building Official and his/her authorized representatives to post the appropriate placard at each entry point to a building or structure upon completion of a safety assessment.
118.2 Application of Provisions
The provisions of this chapter are applicable to all buildings and structures of all occupancies regulated by the City of Thousand Oaks. The City Council may extend the provisions as necessary.
118.3 Definitions
Safety assessment is a visual, non-destructive examination of a building or structure for purpose of determining the condition for continued use or occupancy. 118.4 Placards.
a. The following are descriptions of the official placards to be used to designate the condition for continued occupancy of buildings or structures.

1. INSPECTED (Green) – Lawful Occupancy Permitted is to be posted on any building or structure wherein no apparent structural hazard has been found.

Item No.8B

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This placard is not intended to mean that there is no damage to the building or structure.

2. RESTRICTED USE (Yellow) – Restricted Occupancy Permitted is to be posted on each building or structure that has been damaged wherein the damage has resulted in some form of restriction to the continued occupancy. The individual who posts this placard will note in general terms the type of damage encountered and will clearly and concisely note the restrictions on continued occupancy.

3. UNSAFE (Red) – No Entry or No Occupancy Permitted is to be posted on each building or structure that has been damaged such that continued occupancy poses a threat to life safety. Buildings or structures posted with this placard shall not be entered under any circumstance except as authorized in writing by the Building Official, or his/her authorized representative. Safety assessment teams shall be authorized to enter these buildings at any time. This placard is not to be used or considered as a demolition order. The individual who posts this placard will note in general terms the type of damage encountered. b. This Municipal Code section, the name of the jurisdiction, its address, and phone number shall be permanently affixed to each placard. c. Once it has been attached to a building or structure, a placard is not to be removed, altered or covered until done so by an authorized representative of the Building Official. It shall be unlawful for any person, firm or corporation to alter, remove, cover or deface a placard unless authorized pursuant to this section.

Part 12
(Uncodified)
Continuation
Repeal of any provision of Sections 8-1.01 through 8-1.24 and Chapters 4, 5, 6, 7, 8, 10, 14, 16 and 17 of Title 8 of the Municipal Code herein will not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before, this Ordinance's effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance.

Part 13
(Uncodified)
Severability
If any section, subsection, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this title; it being hereby expressly declared that this title, and each section, subsection, Item No.8B

cdd :450-15/ kp/ City Council/ CC ORD/ pz (FILE ID: MCA 2019-70485)

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8 1
sentence, clause and phrase hereof, would have been prepared, proposed, adopted, approved and ratified irrespective of the fact that anyone or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

Part 14
(Uncodified)
Effective Date
This Ordinance shall take effect on January 1, 2023.

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

Ayes:

Noes:

Absent:
_______________________________
Bob Engler, Mayor
City of Thousand Oaks, California
ATTEST/CERTIFY:
_______________________________
Cynthia M. Rodriguez, City Clerk
Date Attested: ___________________
APPROVED AS TO FORM: APPROVED AS TO ADMINISTRATION:

Office of City Attorney
_______________________________ ________________________________ Tracy M. Noonan, City Attorney Andrew P. Powers, City Manager Introduced: XXXX XX, 202X
Published: XXXX XX, 202X
Ordinance No.: XXXX-NS
The presence of electronic signature certifies that the foregoing is true and correct copy as approved by the City of Thousand Oaks City Council on the date cited above.

Item No.8B

TO:Andrew P. Powers, City Manager
FROM:Kelvin Parker, Community Development Director
Jaime Boscarino, Finance Director
DATE:October 25, 2022
SUBJECT: 2022 Bella Vista Apartments (2011-2025 Los Feliz Drive) Refinance
RECOMMENDATION:

Adopt resolution to rescind Resolution Nos. 2019-040 and 2019-041 and to approve and authorize City Manager to finalize and execute Assignment and Assumption and First Amendment to Regulatory Agreement and Declaration of Restrictive Covenants, forgiveness of grant, modification of loan documents, consent to property transfer and assignment of loan documents, and subordination of City interests to deeds of trust securing new loans and related regulatory agreements for the 2022 refinance of the Bella Vista Apartments and related matters.

FINANCIAL IMPACT:

No Additional Funding Requested. The fiscal impact of this matter includes the indirect cost of staff time necessary to prepare this report and the associated documents. These costs are absorbed in the Adopted FY 2022-23 Thousand Oaks Housing Successor Fund Budget.

Cancelation of the Former Thousand Oaks Redevelopment Agency (RDA) Grant Note has no impact on revenue to the City’s Thousand Oaks Housing Successor Fund. The $1,025,000 RDA grant to Many Mansions was funded with proceeds of the tax-exempt 1998 RDA Housing Bond. The grant was intended to be forgiven unless there was a default on the project. This structure ensured that the project remained affordable for the life of the tax-exempt 1998 RDA Housing Bonds which matured in August 2021. The RDA Loan Note of $4,139,200 to Many Mansions is secured by the property, which is also encumbered by an affordability covenant, so the purpose of the Grant Note is being served through other means. Also, the loan is accruing interest and the City will continue to receive available residual receipt payments.

Item No.10A

2022 Bella Vista Apartments (2011-2025 Los Feliz Drive) Refinance October 25, 2022

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2 The Thousand Oaks Housing Successor Fund revenue will decrease by $5,000 per year with the reduction of the Bond service fee from $10,000 to $5,000 for the remainder of the affordability period. The City’s administration costs, however, will also be reduced without the administrative functions required for the Bonds.

BACKGROUND:

Bella Vista is an affordable housing apartment project consisting of 72 rental units, all designated as either low or very low-income units (51 two-bedroom and 21 one- bedroom units), situated on a 4.9-acre site located at 2011-2025 Los Feliz Drive (Attachments #1 through #3).

In 2005, the former RDA assisted Many Mansions, a California nonprofit corporation, in the acquisition and rehabilitation of the existing Bella Vista apartments. RDA funding included a multi-layered financial structure:

1. The issuance of a tax-exempt Bond in the amount of $6.4 million. The Bond is secured by payments made by Many Mansions to JPMorgan Chase Bank and the underlying property. The Bond is not an obligation of the City or the RDA but requires periodic monitoring to ensure that the project remains in compliance with Bond covenants and Internal Revenue Service regulations.

2. RDA contribution of $5,164,200, secured by a Deed of Trust, comprised of:
a. A $2,539,200 loan from the RDA Housing Fund with an annual 3 percent interest rate for 55-years.
b. A ten (10) year, $1,600,000 loan from a CalHFA HELP Loan secured by the RDA with an annual 3 percent interest rate. As the interest on this loan was an actual cost to the RDA, Many Mansions was required to reimburse the RDA pursuant to a payment schedule in the RDA Loan Note. While the CalHFA HELP loan term was for ten (10) years, the $1,600,000 is included in RDA Loan Note and will continue to bear interest for 55-years.
c. A $1,025,000 forgivable grant from the tax-exempt proceeds of the 1998 RDA Housing Bond repayable upon default of the Affordability Agreement and other project documents.

Many Mansions obtained an additional $3.4 million in HOME funding from the California State Department of Housing and Community Development (HCD) for the project.

Item No.10A

2022 Bella Vista Apartments (2011-2025 Los Feliz Drive) Refinance October 25, 2022

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2 In exchange for the RDA assistance, Many Mansions committed the project to remain 100 percent affordable with area median income adjusted for family size as established on an annual basis by HCD at an affordable rent for 55 years. The project was also conditioned to comply with the City’s adopted “smoke-free” policy or 33 percent “smoke-free” units. These conditions are recorded against the property in the Affordability Agreement, which Many Mansions administers through their leasing agreements with the tenants. The permanent financing and rehabilitation for the project were completed in 2007 as outlined in the Owner Participation Agreement (OPA).

In 2012, the State of California dissolved all local government Redevelopment Agencies, including the Thousand Oaks Redevelopment Agency. The City declared itself to be the successor agency to the former RDA and retained the Bella Vista assets.

In 2013, CalHFA offered the RDA a discount program to repay the $1.6 million HELP Loan early. With the dissolution of the RDA, the City took advantage of the cost savings and paid off the loan in July 2013 with the approval of the California Department of Finance and through funds from the Redevelopment Property Tax Trust Fund. This early loan satisfaction reduced the interest due from the RDA, but did not affect Many Mansions’ re-payment responsibilities.

A portion of the City’s Community Development Block Grant and American Recovery and Reinvestment Act of 2009 funds have invested over $1.3 million in grant funds for additional Bella Vista rehabilitation since 2005.

In 2019, Many Mansions requested a refinance that involved obtaining new Bond financing (tax credit syndication) not to exceed $15 million for Bella Vista substantial rehabilitation and modification to existing loan terms. As part of the new financing, Many Mansions created a new partnership, Bella Vista 72 LLC, which would have assumed all the responsibilities for the project. In addition, the new Bonds would have extended the affordable conditions for a new 55-year term. The 2019 Bond refinancing involved City Council action through a Tax Equity and Fiscal Responsibility Act (TEFRA) Public Hearing on July 9, 2019. City Council at that time approved the refinance plan, which involved many of the same modifications being requested now, including the early forgiveness of the RDA Grant.

In March 2020, the City was informed that Many Mansions was not pursuing a tax credit syndication for Bella Vista given the complexity of extending the HOME loan with HCD. The 2019 refinance was ultimately cancelled, and the 2005 financial structure and affordable conditions remain in effect to date.

Item No.10A

2022 Bella Vista Apartments (2011-2025 Los Feliz Drive) Refinance October 25, 2022

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2 DISCUSSION/ANALYSIS:

Many Mansions has come to the City with a new refinance proposal that seeks to repay the existing Bond with a traditional fixed-rate loan to implement several rehabilitation capital investment projects for the Bella Vista project. A significant portion of the rehabilitation projects includes resurfacing the parking lot, adding external energy efficient lighting, replacing the carports, creating four fully accessible units, and bringing stairs, rails, and landings up to current building code standards. These improvements will increase energy efficiency and create accessible paths of travel in ramps and railings throughout the project.

The outstanding Bond balance is approximately $4.0 million, while the new loan is anticipated to be approximately $6.6 million, which will be used to retire the Bonds and accomplish the rehabilitation of the project. Many Mansions is not requesting new City funding for the rehabilitation.

In conjunction with the new financing, Many Mansions is requesting that the City, as housing successor entity to the former RDA, approve certain changes to the existing documents related to the 2005 Bond, the RDA loan, and the project restrictions. As Fannie Mae requires a single asset entity to be the borrower under the new loan with JPMorgan Chase, Many Mansions intends to transfer the Development to Bella Vista 72 LLC, a California limited liability company. Many Mansions’ September 7, 2022, letter is attached (Attachment #5) and outlines the reasoning and the details of the following requests:

1. Accelerate forgiveness of $1,025,000 RDA grant.

2. Approve Assignment and Assumption Agreement (Bella Vista Apartments) which transfers rights and responsibilities of the remaining RDA documents to Bella Vista 72 LLC, a Many Mansions’ affiliate.

3. Accept subordination of the Regulatory Agreement and the RDA Documents/Affordability Agreement to the new JPMorgan Chase loan.

4. Amend the terms of the 2005 RDA loan documents to clarify that the manager’s unit is not income restricted.

5. Replace the required Bond service fee of $10,000 per year with an annual monitoring fee of $5,000.

6. Remove references to the ten-year interest repayment schedule for the CalHFA HELP Loan from the RDA Documents.

Item No.10A

2022 Bella Vista Apartments (2011-2025 Los Feliz Drive) Refinance October 25, 2022

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2 Recommendations Regarding Modifications to Existing Agreements Staff comments and recommendations with respect to the above listed requests by Many Mansions are as follows:

1. Accelerate Forgiveness of Promissory Note (RDA Grant): A portion of the original RDA contribution was in the form of a conditional grant of tax- exempt Bond proceeds in the amount of $1,025,000 made pursuant to the OPA. Under the terms of the agreement, as long as the property remains an affordable housing project, there is no obligation to repay that money.

The Promissory Note and Deed of Trust are simply security against default by the owner and become due and payable to the City with accrued interest only in the event of default during the 55-year term specified in the Promissory Note. Default is defined as failing to adhere to the Affordability Agreement for the project or defaulting on other financing.

The property has been maintained as an affordable housing complex for 17 of those 55-years to date, with 38 years remaining before the current agreement requires that the Promissory Note be canceled. The affordability covenants currently in place and recorded against the property run until 2060. Based on these facts, staff is comfortable with accelerating the forgiveness of the Promissory Note and reconveying the Trust Deed related to the RDA Grant portion only in conjunction with this transaction.

2. Assignment and Assumption Agreement: As a requirement with Fannie Mae and the new JPMorgan Chase loan, the City would need to consent to the conveyance of the property from Many Mansions to the new limited partnership, Bella Vista 72 LLC, an affiliate of Many Mansions, and the assignment of its affordable housing obligations to the new owner. Exhibit A-1 to the resolution (Attachment #4) is an Assignment and Agreement and First Amendment to Regulatory Agreement and Declaration of Restrictive Covenants. Exhibit A-3 to the resolution (Attachment #4) is an Assignment and Assumption Agreement.

3. Subordinate: After paying off the existing Bond loan and creating a new JPMorgan Chase Loan, the City would consent to RDA Loan documents being subordinate to the new JPMorgan Chase Loan. The Subordination Agreement Governmental Entity for Regulatory Agreement is Exhibit A-4 of the resolution (Attachment #4). The Subordination Agreement (Affordable) is Exhibit A-5 of the resolution (Attachment #4).

4. Manager’s Unit: Many Mansions requested that Section 2.01 of the Affordability Agreement be amended to add an explicit statement that the manager’s unit is not income restricted. This is implied by Recital A in the Item No.10A

2022 Bella Vista Apartments (2011-2025 Los Feliz Drive) Refinance October 25, 2022

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2 Affordability Agreement, which lists the manager’s unit separately from the income-restricted units. Making the requested change to section 2.01 of the Affordability Agreement simply articulates this intent in the part of the Affordability Agreement where the specific affordability levels for the project are set. Typically, in affordable housing projects, the manager’s unit is not income-restricted and affordable units are restricted at or below 80 percent of Area Median Income for Ventura County. Changes are in the Modification Agreement in Exhibit A-2 of the resolution (Attachment #4).

5. Bond Service Fee: Section 2.02 of the Affordability Agreement required Many Mansions to pay a “Bond service fee,” to offset the former RDA’s costs related to ongoing administration and monitoring. Pursuant to the Affordability Agreement, that fee stepped up from $5,000 per year to $10,000 per year in 2016 for the remaining term of the Affordability Agreement. Many Mansions is asking that the Affordability Agreement be amended to delete this escalator and retain the fee at $5,000 per year. Staff agrees with this proposed change. Staff remains responsible for monitoring the affordability covenants required under the Affordability Agreement. The current $5,000 fee is sufficient to cover City administration costs. Changes are in the Modification Agreement in Exhibit A-2 of the resolution (Attachment #4).

6. CalHFA HELP Loan: Since over 10 years of the project have passed, clarification is needed on the CalHFA HELP Loan interest payment from year 2005 to 2015. Since 2005, the City received approximately $290,000 in residual receipt and interest payments. Many Mansions will continue to pay residual receipt payments according to the cash flow distribution where the City is subordinate to the new JPMorgan Chase Loan and the current $3.4 million HOME funding from HCD in 2005. The original principal balance in the Promissory Note (RDA Loan) will not change and remains as $4,139,200 as well as the 3 percent annual simple interest rate. Changes are in the Modification Agreement in Exhibit A-2 of the resolution (Attachment #4).

The Modification Agreement also confirms the original rehabilitation was completed on March 15, 2007, as well as updating the contact notifications with the City and Many Mansions.

It is also necessary to rescind Resolutions 2019-40 and 2019-41 because of the changes to the previously approved refinance plans. Rescission of the earlier approvals allows the new plan to move forward without confusion or contradictory terms.

Item No.10A

2022 Bella Vista Apartments (2011-2025 Los Feliz Drive) Refinance October 25, 2022

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2 Staff recommends City Council adopt the attached resolution approving 2022 Bella Vista refinance and authorizing the City Manager to sign in substantially the form as presented in the resolution (Attachment #4) which includes Exhibit A - Exhibit A-1, the Assignment and Assumption Agreement and First Amendment to Regulatory Agreement and Declaration of Restrictive Covenants; Exhibit A-2, the Modification Agreement; Exhibit A-3, the Assignment and Assumption Agreement; Exhibit A-4, Subordination Agreement Governmental Entity for Regulatory Agreement; and Exhibit A-5, Subordination Agreement (Affordable).

In addition, authorize City Manager to cancel the Promissory Note and execute documents relating to the 2005 RDA Grant upon completing the 2022 Bella Vista refinance.

COUNCIL GOAL COMPLIANCE:

Meets the following City Council goals:

A. Create a more equitable, accessible, safe, welcoming, and inclusive government and community regardless of race, color, ethnicity, religion, sex, physical or mental ability, sexual orientation, gender identity and expression, age, language, education, and/or socio-economic status.

PREPARED BY: Jane Adelmann, Debt and Investment Analyst Lynn Oshita, Community Development Analyst
Attachments:

Attachment #1 – Bella Vista Vicinity Map
Attachment #2 – Bella Vista Location Map
Attachment #3 – Bella Vista Aerial Photo
Attachment #4 – Resolution for 2022 Bella Vista Refinance Attachment #5 – Many Mansions Request Letter dated September 7, 2022 CDD:685-30\ H:\COMMON\Housing & Redevelopment\Developers & Developments\Many Mansions\Bella Vista\2022 Request
Item No.10A

Westlake Bl
Kanan Rd
Erbes Rd
101 FWY
Janss Rd
23 FWY
Hillcrest Dr
La Granada Dr
Hampshire Rd
Westlake Bl
Thousand Oaks Bl
Bella Vista Apartments
Many Mansions
Vicinity Map
U:\cdloshita\BellaVista-v.mxd0 2,500 5,0001,250
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Site
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City of Thousand Oaks
Community Development Department
ATTACHMENT #1
CDD:685-30\ H:\COMMON\Housing & Redevelopment\Developers & Developments\Many Mansions\Bella Vista\2022 Request
Item No.10A

Los Feliz Dr
Hillcrest Dr
Erbes Rd
Thousand Oaks Bl
Conejo School Rd
Dallas Dr
Chiquita Ln
LoneOakDr
Glenwood Pl
Club Viewe Dr
Foursite Ln
The Lakes
Makenzie Ct
Rodeo Ct
Pavo Ct
James Ct
Skinner Ct
Bella Vista Apartments
Many Mansions
Location Map
U:\cdloshita\BellaVista-l.mxd
City of Thousand Oaks
Community Development Department
0 300 600150
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Subject
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ATTACHMENT #2
CDD:685-30\ H:\COMMON\Housing & Redevelopment\Developers & Developments\Many Mansions\Bella Vista\2022 Request
Item No.10A

Los Feliz Dr
Erbes Rd
Club Viewe Dr
Glenwood Pl
Foursite Ln
Rodeo Ct
Pavo Ct
James Ct
Skinner Ct
Bella Vista Apartments Many
Mansions Aerial Photo
U:\cdloshita\BellaVista-a.mxd
City of Thousand Oaks
Community Development Department
0 150 30075
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ATTACHMENT #3
CDD:685-30\ H:\COMMON\Housing & Redevelopment\Developers & Developments\Many Mansions\Bella Vista\2022 Request
Item No.10A

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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
THOUSAND OAKS RESCINDING RESOLUTION NOS. 2019-040
AND 2019-041 AND APPROVING AND AUTHORIZING

EXECUTION OF ASSIGNMENT, ASSUMPTION AND FIRST

AMENDMENT TO REGULATORY AGREEMENT AND

DECLARATION OF RESTRICTIVE COVENANTS, FORGIVENESS

OF GRANT, MODIFICATION OF LOAN DOCUMENTS, CONSENT

TO PROPERTY TRANSFER AND ASSIGNMENT OF LOAN

DOCUMENTS, AND SUBORDINATION OF CITY INTERESTS TO

DEEDS OF TRUST SECURING NEW LOANS AND RELATED
REGULATORY AGREEMENTS FOR THE 2022 REFINANCE OF

THE BELLA VISTA APARTMENTS AND RELATED MATTERS
WHEREAS, the dissolved Thousand Oaks Redevelopment Agency (Former Agency) and Many Mansions, a California Nonprofit Corporation (Many Mansions), entered into that certain Regulatory Agreement and Declaration of Restrictive Covenants related to the issuance of $6,400,000 in Former Agency Multifamily Housing Revenue Bonds (Bella Vista Apartments), 2005 Series A (2005 Bonds), dated as of June 1, 2005, and recorded June 29, 2005, in the Official Records of Ventura County (Official Records) as Instrument Number 20050629- 0158778 (Bond Regulatory Agreement) in connection with the acquisition and rehabilitation of 72 units of multifamily housing known as Bella Vista Apartments located at 2011-2025 Los Feliz Drive, in the City of Thousand Oaks, California (Development); and
WHEREAS, the Former Agency and Many Mansions also entered into that certain Owner Participation Agreement, dated as of June 7, 2005, pursuant to which the Former Agency provided a grant of funds to Many Mansions in the amount of One Million Twenty-Five Thousand Dollars ($1,025,000) (RDA Grant) and a loan of funds in the amount of Four Million One Hundred Thirty-Nine Thousand Two Hundred Dollars ($4,139,200) (RDA Loan); and WHEREAS, the RDA Grant is evidenced by that certain Agency Grant Note (Bella Vista), dated as of June 29, 2005, in the original principal amount of One Million Twenty-Five Thousand Dollars ($1,025,000) (Grant Note), and secured by that certain Deed of Trust and Assignment of Rents (with Due on Sale Clause) dated as of June 27, 2005, and recorded on June 29, 2005, as Instrument No. 20050629-0158784 (RDA Deed of Trust) in the Official Records; and WHEREAS, the RDA Loan is evidenced by that certain Agency Loan Note (Bella Vista), dated as of June 29, 2005, in the original principal amount of Four Million One Hundred Thirty-Nine Thousand Two Hundred Dollars ($4,139,200) (Loan Note), also secured by the RDA Deed of Trust; and ATTACHMENT #4
Item No.10A

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WHEREAS, in connection with the RDA Grant and the RDA Loan, the Former Agency and Many Mansions entered into that certain Affordability Agreement, dated June 27, 2005, and recorded in the Official Records on June 29, 2005, as Instrument No. 20050629-0158780 (Affordability Agreement). The Loan Note, the RDA Deed of Trust, and the Affordability Agreement are hereinafter collectively referred to as the “RDA Documents”; and
WHEREAS, the Former Agency was dissolved as of February 1, 2012, pursuant to ABx1 26, and the City declared itself to be the successor agency to the Former Agency on January 10, 2012, under the authority of ABx1 26 and by adoption of Resolution No. 2012-004; and
WHEREAS, the Development is in need of repair, and Many Mansions intends to refinance the Development (Refinance) to generate funding for rehabilitation of the Development; and
WHEREAS, Many Mansions and City agreed to a similar refinance and refunding plan in 2019, as evidenced in Resolution Nos. 2019-040 and 2019-041, which plan was never executed and cancelled in 2020; and WHEREAS, to proceed with a new 2022 Refinance plan, Resolutions Nos. 2019-040 and 2019-041 need rescinding; and

WHEREAS, to accomplish the 2022 Refinance, the 2005 Bonds will be converted into a traditional loan through Fannie Mae and Many Mansions will transfer the Development and the RDA Documents to a new limited partnership, Bella Vista 72 LLC, in which the managing general partner is an affiliate of Many Mansions (Partnership), which will own the Development and raise loan funds for the Refinance; and
WHEREAS, in connection with the 2022 Refinance, Many Mansions is requesting the City's consent to the transfer of the Development and the assignment of RDA Documents to the Partnership as well as certain modifications to the existing documents, namely, an amendment to the Bond Regulatory Agreement, forgiveness of the RDA Grant and cancellation of the Grant Note, replacement of the Bond Service Fee with an annual $5,000 monitoring fee, addition of provisions related to permitted transfers and investor limited partner rights, clarification on the CalHFA Help loan schedule, (collectively, the Modifications); and
Item No.10A

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WHEREAS, the Modifications will implement City of Thousand Oaks Housing Element Policy action plan goal number four to preserve existing affordable housing opportunities; and
WHEREAS, an Assignment and Assumption Agreement (RDA
documents), an Assignment, Assumption and First Amendment to Regulatory Agreement and Declaration of Restrictive Covenants, and a Modification Agreement (Bella Vista Apartments) have been prepared to document the Modifications, in the form set forth in Exhibit A attached hereto; and WHEREAS, the City of Thousand Oaks desires to enter into the Modifications to assist with rehabilitation of the Development; and WHEREAS, Many Mansions has also requested that the City agree to subordinate the Regulatory Agreement and the liens of the RDA Deed of Trust and Affordability Agreements, as modified by the Modifications, to the new permanent loan for the Development; and
WHEREAS, given the current lending environment, the makers of the new permanent loan (Lenders) will require that the City subordinate its interests in the Development to the new loan to be provided by the Lenders; and WHEREAS, Health and Safety Code Section 33334.14 requires that certain findings be made prior to subordination of the RDA Documents for the Development; and
WHEREAS, the Modifications will assist with the rehabilitation of existing buildings and qualify for a Class 1 Categorical Exemption §15301 (d) from the California Environmental Quality Act; and
WHEREAS, the City Council has reviewed the Staff Report and evaluated other information provided to it.

NOW, THEREFORE, BE IT RESOLVED that the City Council finds that the above recitals are true and correct.

BE IT FURTHER RESOLVED that Resolution Nos. 2019-040 and 2019- 041 are hereby rescinded.

BE IT FURTHER RESOLVED that the City Council consents to the transfer of the Development and the assignment and assumption of the RDA Documents to the Partnership.

Item No.10A

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BE IT FURTHER RESOLVED that the City Council hereby approves the forgiveness of the entirety of the RDA Grant, including accrued interest, if any, and agrees to the Modifications of the RDA Documents.

BE IT FURTHER RESOLVED that the City Council hereby approves the Assignment, Assumption and First Amendment to Regulatory Agreement and Declaration of Restrictive Covenants, Modification Agreement (Bella Vista Apartments) and Assignment and Assumption Agreement (RDA Documents) and authorizes the Mayor or City Manager to execute the same on behalf of the City, substantially in the form set forth in Exhibit A attached hereto, with any revisions negotiated by the City Manager and approved by City Attorney, and which are consistent with this Resolution.

BE IT FURTHER RESOLVED that the City Council finds that, given the current financial environment, there are no economically feasible alternative methods of refinancing the Developments that are reasonably available without subordination of the Regulatory Agreement and the RDA Documents, as modified by the Modifications.

BE IT FURTHER RESOLVED that the City Council agrees to subordinate the Regulatory Agreement and the RDA Documents, as modified by the Modifications, to any new loans for the Development, provided the subordination agreements provide the City notice and cure rights as set forth in the RDA Documents as modified by the Modifications (Subordination Agreements), and to provide estoppel certificates regarding the status of its loans as new Lenders and investors may reasonably request, and authorizes the Mayor or City Manager to execute the Subordination Agreements and estoppel certificates on behalf of the City, in the form reasonably acceptable to the City Manager and which are consistent with this Resolution.

BE IT FURTHER RESOLVED that the City Council hereby authorizes the City Manager to take such other actions and execute such other documents as are appropriate to effectuate the intent of this Resolution, the Modifications and the Subordination Agreements.

BE IT FURTHER RESOLVED that actions taken under this Resolution are Categorically Exempt from the California Environmental Quality Act.

Item No.10A

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BE IT FURTHER RESOLVED that this Resolution shall become effective immediately upon its passage and adoption.

PASSED AND ADOPTED this 25th day of October, 2022, by the following vote:

Ayes:

Noes:

Absent:
_______________________________
Bob Engler, Mayor
City of Thousand Oaks, California
ATTEST/CERTIFY:
_____________________________
Cynthia M. Rodriguez, City Clerk
Date Attested:_________________
APPROVED AS TO FORM:

Office of the City Attorney
_____________________________
Tracy Friedl, Assistant City Attorney
APPROVED AS TO ADMINISTRATION:
______________________________
Andrew P. Powers, City Manager
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the City of Thousand Oaks City Council on the date cited above.

Item No.10A

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Exhibit A
Included in Exhibit A are the following substantially in form documents:
• A-1 Assignment, Assumption and First Amendment to Regulatory Agreement and Declaration of Restrictive Covenants
•A-2 Modification Agreement (Bella Vista Apartments)
•A-3 Assignment and Assumption Agreement (RDA Documents) •A-4 Subordination Agreement Governmental Entity for Regulatory Agreement
•A-5 Subordination Agreement (Affordable)
Item No.10A

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RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:

Julie A. Wunderlich, Esq.

Jones Hall, A Professional Law Corporation
475 Sansome Street, Suite 1700
San Francisco, CA 94111

THIS DOCUMENT IS EXEMPT FROM

RECORDING FEES OR OTHER FEES
PURSUANT TO SECTIONS 27383 AND
27388.1 OF THE CALIFORNIA
GOVERNMENT CODE.

ASSIGNMENT, ASSUMPTION AND FIRST AMENDMENT TO REGULATORY

AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS
Dated as of October 1, 2022
by and among

CITY OF THOUSAND OAKS, IN ITS CAPACITY AS SUCCESSOR IN INTEREST TO

THE DISSOLVED THOUSAND OAKS REDEVELOPMENT AGENCY,
as Issuer

MANY MANSIONS, A CALIFORNIA CORPORATION
as assignor
and
BELLA VISTA 72 LLC,
as assignee
RELATING TO:
$6,400,000
Thousand Oaks Redevelopment Agency
Multifamily Housing Revenue Bonds
(Bella Vista Apartments)
2005 Series A
Exhibit A-1
Item No.10A

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ASSIGNMENT, ASSUMPTION AND FIRST AMENDMENT TO REGULATORY

AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS
This ASSIGNMENT, ASSUMPTION AND FIRST AMENDMENT TO
REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS is dated as of October 1, 2022 (this “First Amendment”), and is by and among the CITY OF THOUSAND OAKS, a municipal corporation (the “City”), in its capacity as successor in interest to the dissolved Thousand Oaks Redevelopment Agency (the “Redevelopment Agency”), MANY MANSIONS, A CALIFORNIA CORPORATION, a California nonprofit public benefit corporation (“Many Mansions”), and BELLA VISTA 72 LLC, a California limited liability company (“Bella Vista”), regarding the land described in Exhibit A attached hereto.

W I T N E S S E T H:

WHEREAS, the Redevelopment Agency, pursuant to Chapter 7.5 of Part 1 of Division 24 of the Health and Safety Code of the State of California, as amended (the “Act”) and a Master Pledge and Assignment, dated as of June 1, 2005 (the “Pledge and Assignment”), by and among the Redevelopment Agency, Washington Mutual Bank (“Washington Mutual”), as agent and Washington Mutual, as holder, issued its $6,400,000 aggregate principal amount of Thousand Oaks Redevelopment Agency Multifamily Housing Revenue Bonds (Bella Vista Apartments) 2005 Series A (the "Bonds"), the proceeds of which were used to make a loan (the “Loan”) to Many Mansions to finance the acquisition and rehabilitation of a multifamily rental housing project owned by Many Mansions located within the City of Thousand Oaks on that certain real property as more particularly described on Exhibit A, attached hereto and made a part hereof, known as Bella Vista Apartments (the “Project”); and
WHEREAS, in connection with the issuance of the Bonds, the Redevelopment Agency, as Issuer of the Bonds, and Many Mansions entered into that certain Regulatory Agreement and Declaration of Restrictive Covenants dated as of June 1, 2005 (the “Regulatory Agreement”), whereby Many Mansions agreed to restrict the use and operation of the Project, which Regulatory Agreement was recorded on June 29, 2005, Official Records as Document No. 20050629-0158778; and
WHEREAS, pursuant to Resolution No. 2012-008 adopted by the City Council of the City on January 24, 2012, the City elected to retain the housing assets and functions of the Redevelopment Agency on February 1, 2012, pursuant to Assembly Bill x1 26, and therefore the City succeeded in interest to the Redevelopment Agency under the Regulatory Agreement and the Pledge and Assignment; and WHEREAS, JPMorgan Chase Bank (“JPMorgan”) succeeded in interest to Washington Mutual, as Agent and Holder of the Bonds and JPMorgan has agreed to enter into a new loan (the “New Loan”) with Bella Vista, the proceeds of which will prepay the Item No.10A

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Bonds and thereby redeem all of the outstanding Bonds on _________, 2022 (the “Bond Redemption Date”), pursuant to the Pledge and Assignment, such that on the Bond Redemption Date, the Bonds shall no longer be outstanding; and WHEREAS, in connection with the New Loan, JPMorgan has required that the ownership interest in the Project be transferred to Bella Vista; and WHEREAS, Section 10 of the Regulatory Agreement requires the City, as Issuer, to consent to any transfer of the Project and that the transferee of the Project assume the obligations under the Regulatory Agreement; and
WHEREAS, Section 19 of the Regulatory Agreement provides that the Regulatory Agreement may be amended by a written instrument executed by the parties thereto; and WHEREAS, the City, as Issuer, Many Mansions and Bella Vista now desire to provide for the assignment, assumption of and amendment to the Regulatory Agreement as provided herein, in order to reflect the transfer of the Project to Bella Vista, assignment and assumption of the Regulatory Agreement, as amended, to Bella Vista from Many Mansions, and that the Bonds have been redeemed and are no longer outstanding and that, as a result, certain provisions under the Regulatory Agreement shall no longer apply.

NOW, THEREFORE, in consideration of the foregoing and for other consideration the receipt and sufficiency of which are hereby acknowledged, the parties hereto do hereby agree:

Section 1. Authority; Effective Date. This First Amendment is executed and delivered pursuant to and in accordance with Section 19 of the Regulatory Agreement.

The effective date of this First Amendment shall be the date of recordation hereof (the “Effective Date”).

Section 2. Recitals. The parties hereto acknowledge that each of the above recitals is true and correct. All capitalized terms not otherwise defined herein shall have the meanings set forth in the Pledge and Assignment.

Section 3. Assignment by Many Mansions. As of Effective Date, Many Mansions hereby assigns to Bella Vista all of Many Mansions’ right, title, and interest in and obligations under the Regulatory Agreement, and Many Mansions is released from all obligations under the Regulatory Agreement that accrue on or after the Effective Date.

Section 4. Acceptance of Assignment and Assumption by Bella Vista, As of the Effective Date, Bella Vista accepts the above assignment of Many Mansions’ right, title and interest in and assumes all obligations under the Regulatory Agreement and agrees to perform all of Many Mansions’ obligations and covenants under the Regulatory Agreement as if Bella Vista were the original signatory thereto and agrees that as of the Effective Date, Bella Vista shall be deemed a party to the Regulatory Agreement. All references in the Regulatory Agreement to the "Borrower" shall be deemed to be Item No.10A

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references to Bella Vista and its permitted successors and/or assigns. The City, as Issuer, agrees that in no event shall Bella Vista be liable for any claims, default, breach or damage arising under the Regulatory Agreement prior to the Effective Date.

Section 5. City Consents. Pursuant to Section 10 of the Regulatory Agreement, the City, as Issuer, hereby consents to the transfer of the Property from Many Mansions to Bella Vista and
to the assignment of the Regulatory Agreement from Many Mansions to Bella Vista and the assumption of the Regulatory Agreement by Bella Vista.

Section 6. Amendments.
(a) Section 1 of the Regulatory Agreement is hereby amended to revise the following definitions:
“Issuer” - means, originally, the Thousand Oaks Redevelopment Agency, and, on an after February 1, 2012, the City of Thousand Oaks, a municipal corporation, in its capacity as successor in interest to the dissolved Thousand Oaks Redevelopment Agency.
“Qualified Project Period” - means the period beginning on the Bond Issuance Date and ending on the later of (i) 30 years after the Bond Issuance Date, (ii) the final maturity date or redemption date of the outstanding principal amount of the Bonds, or (iii) the date on which any assistance provided with respect to the Project under Section 8 of United States Housing Act of 1937, as amended, terminates. “Regulatory Agreement” - means, collectively, the Regulatory Agreement and Declaration of Restrictive Covenants, dated as of June 1, 2005, between the Redevelopment Agency and Many Mansions, as amended by this Assignment, Assumption and First Amendment to Regulatory Agreement and Declaration of Restrictive Covenants, dated as of October 1, 2022, among the Issuer, Many Mansions and Bella Vista, together with any amendments thereto or supplements thereof.
(b) Section 1 of the Regulatory Agreement is hereby amended to add the following definitions:
“Affordability Agreement” - means the Affordability Agreement, dated as of June 27, 2005, between the Redevelopment Agency and Many Mansions, together with any assignments, assumptions and amendments thereto. “Bond Redemption Date” - means _________, 2022, being the date that the Bonds were prepaid in full and redeemed pursuant to the Pledge and Assignment.

Item No.10A

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(c) As a result of the prepayment and redemption of the Bonds in full, on and after the Bond Redemption Date, Section 4(e), Section 5, Section 6 and Exhibit C of the Regulatory Agreement are hereby deleted.
(d) Section 17 of the Regulatory Agreement is hereby amended as follows:

On and after the Bond Redemption Date, and throughout the remainder of the Qualified Project Period, Many Mansions shall pay to the Issuer a monitoring fee as set forth in Section 2.02 of the Affordability Agreement.

On and after the Bond Redemption Date, the Agent shall no longer have any duties or responsibilities under this Regulatory Agreement and all references to the Agent in this Regulatory Agreement shall be deemed references to the Issuer. (e) Section 20 of the Regulatory Agreement is hereby amended as follows:

All notices, certificates or other communications shall be sufficiently given and shall be deemed given on the date personally delivered or on the second day following the date on which the same have been mailed by first class mail, postage prepaid, addressed as follows:

Issuer: City of Thousand Oaks
2100 Thousand Oaks Boulevard
Thousand Oaks, CA 91362
Attention: City Manager
Item No.10A

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Many
Mansions: Many Mansions
1259 East Thousand Oaks Boulevard
Thousand Oaks, CA 91362
Attention: Rick A. Schroeder
With a
copy to: Goldfarb & Lipman LLP
1300 Clay Street, 11th Floor
Oakland, CA 94612
Attention: Lynn Hutchins, Esq.

Bella Vista: Bella Vista 72 LLC
1259 East Thousand Oaks Boulevard
Thousand Oaks, CA 91362
Attention: President
With a
copy to: Goldfarb & Lipman LLP
1300 Clay Street, 11th Floor
Oakland, CA 94612
Attention: Lynn Hutchins, Esq.

Any of the foregoing parties may, by notice given hereunder, designate any further or different addresses to which subsequent notices, certificates, documents or other communications shall be sent.

Section 7. Governing Law. This First Amendment shall be governed and construed in accordance with the laws of the State of California.

Section 8. Confirmation of Regulatory Agreement. Except as amended hereby, the Regulatory Agreement shall remain in full force and effect and is hereby ratified and confirmed in all respects. This First Amendment shall be deemed to be an amendment to the Regulatory Agreement within the meaning of Section 19 of the Regulatory Agreement.

All references in the Regulatory Agreement to “this Regulatory Agreement,” “hereunder,” “hereof,” “herein” or other words of like import, and all references to the Regulatory Agreement in any other agreement or document shall hereafter be deemed to refer to the Regulatory Agreement as amended hereby.

Section 9. Subordination. The City, as Issuer, agrees to the subordination of the Regulatory Agreement to the lien(s) of the New Loan. Borrower, JPMorgan and City shall cooperate in the execution of such subordination agreements required to perfect such subordination.

Section 10. Administration of Regulatory Agreement. Following the execution of this First Amendment by the City, the Regulatory Agreement shall be administered on Item No.10A

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behalf of City by the City Manager or designee (“City Manager”). The City Manager is authorized to execute minor modifications to the Regulatory Agreement and subordination agreements authorized in Section 9 of this First Amendment. All other waivers or amendments shall require the formal consent of the City Council.

Section 11. Execution in Counterparts. This First Amendment may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument.

Item No.10A

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IN WITNESS WHEREOF, the parties hereto have duly executed this Assignment, Assumption and First Amendment to Regulatory Agreement and Declaration of Restrictive Covenants.

CITY OF THOUSAND OAKS, A

MUNICIPAL CORPORATION, IN ITS

CAPACITY AS SUCCESSOR TO THE

DISSOLVED THOUSAND OAKS
REDEVELOPMENT AGENCY, as
Issuer
By
Its
MANY MANSIONS, a California
Nonprofit Corporation, a California
nonprofit public benefit corporation, as
assignor
By
Rick A. Schroeder, President
BELLA VISTA 72 LLC, a California
limited liability company, as assignee
By: MANY MANSIONS, a California
Nonprofit Corporation, a California
nonprofit public benefit corporation,
its sole member and manger
By
Rick A. Schroeder, President
Item No.10A

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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, _________________________________, a Notary Public, 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.10A

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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.10A

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EXHIBIT A

LEGAL DESCRIPTION OF PROJECT SITE
Item No.10A

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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Thousand Oaks
2100 Thousand Oaks Boulevard
Thousand Oaks, CA 91362
Attn: City Clerk

NO FEE FOR RECORDING PURSUANT

TO GOVERNMENT CODE SECTIONS
27383 AND 27388.1
APN: 670-0-270-175 SPACE ABOVE FOR RECORDER'S USE ONLY

MODIFICATION AGREEMENT
(Bella Vista Apartments)
This MODIFICATION AGREEMENT (this "Agreement") is dated as of ______ __, 2022 and is entered into by and between the CITY OF THOUSAND OAKS, a municipal corporation (the "City"), in its capacity as successor in interest to the dissolved Thousand Oaks Redevelopment Agency (the "Former Agency"), and MANY MANSIONS, a California Nonprofit Corporation, a California nonprofit public benefit corporation ("Owner"). The City and the Owner are collectively be referred to herein as the "Parties".

RECITALS
A. The Former Agency and Owner entered into that certain Owner Participation Agreement, dated as of June 7, 2005 (the "OPA"), to provide assistance for the acquisition and rehabilitation of the improvements consisting of seventy-two (72) units of multifamily housing known as Bella Vista Apartments (the "Improvements") on the real property located at 2011-2025 Los Feliz Drive, in the City of Thousand Oaks, California, and more particularly described on Exhibit A attached hereto (the "Property"). Together the Improvements and the Property are referred to as the "Development" in this Agreement.

B. Pursuant to the OPA, the Former Agency provided to Owner a grant of funds in the amount of One Million Twenty-Five Thousand Dollars ($1,025,000) (the "RDA Grant") and a loan of funds in the amount of Four Million One Hundred Thirty-Nine Thousand Two Hundred Dollars ($4,139,200) (the "RDA Loan").

Exhibit A-2
Item No.10A

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C. The RDA Grant is evidenced by that certain Agency Grant Note (Bella Vista), dated as of June 29, 2005, in the original principal amount of One Million Twenty- Five Thousand Dollars ($1,025,000) (the "Grant Note"), and secured by that certain Deed of Trust and Assignment of Rents (with Due on Sale Clause) dated as of June 27, 2005, and recorded on June 29, 2005, as Instrument No. 20050629-0158784 (the "RDA Deed of Trust") in the Official Records of Ventura County (the "Official Records").

D. The RDA Loan is evidenced by that certain Agency Loan Note (Bella Vista), dated as of June 29, 2005, in the original principal amount of Four Million One Hundred Thirty-Nine Thousand Two Hundred Dollars ($4,139,200) (the "Loan Note"), also secured by the RDA Deed of Trust.

E. In connection with the RDA Grant and the RDA Loan, the Former Agency and Owner entered into that certain Affordability Agreement, dated June 27, 2005, and recorded in the Official Records on June 29, 2005, as Instrument No. 20050629-0158780 (the "Affordability Agreement"). The Loan Note, the RDA Deed of Trust, and the Affordability Agreement are hereinafter collectively referred to as the "RDA Documents." F. The Former Agency was dissolved as of February 1, 2012 pursuant to ABx1

26. On January 10, 2012, under the authority of AB 26 and by adoption of Resolution No. 2012-008, the City elected to retain the housing assets and housing functions of the Former Agency. For this reason, the City is entering into this Agreement instead of the Former Agency.

G. Owner has arranged refinancing of the Development, which will allow needed rehabilitation of the Development. In connection with the refinancing of the Development, the Parties desire to have the City forgive the RDA Grant and to modify certain terms of the RDA Documents.

AGREEMENT
NOW, THEREFORE, for and in consideration of the foregoing recitals, which are incorporated into this Agreement by this reference, the mutual covenants and agreements hereinafter set forth, and other consideration, the receipt and sufficiency of which consideration is hereby acknowledged, the Parties hereby agree as follows:

1. RDA Grant Forgiveness. The City hereby forgives the outstanding entire RDA Grant, including principal and accrued interest, if any, as of the date of this Agreement. The City shall cancel the original Grant Note and deliver the Grant Note to Owner marked "Paid in Full".

2. Confirmation of Certificate of Completion. The City hereby confirms that all conditions for issuance of a certificate of completion under Section 315 of the OPA were met as of March 15, 2007 and hereby confirms that the OPA has no further effect commencing on March 15, 2007.

Item No.10A

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3. Modification of the Loan Note The Loan Note is hereby modified as follows:
a. Section 4.a.3. Section 4.a.3 of the Loan Note is hereby replaced in its entirety as follows:
"Until the Note is paid in full, an annual monitoring fee of $5,000." b. Section 4.c. The City confirms that interest payments on $1,600,000 of the original principal amount of the Loan Note were due only for the first ten (10) years of operation of the Development as separate interest payments on that component of the principal (representing HELP funds from the California Department of Housing and Community Development to the City) while the HELP loan was outstanding. That ten (10) year period has passed. Accordingly, Section 4.c of the Loan Note is hereby replaced in its entirety as follows:
"Intentionally Deleted."
c. New Section 16. A new Section 16 is added to the Note as follows:
"16. Subordination. The indebtedness evidenced by the Note is and shall be subordinate in right of payment to the prior payment in full of the indebtedness evidenced by a Multifamily Note (and any schedules) dated as of _________, 2022 herewith in the original principal amount of $[6,571,000].00, executed by Bella Vista 72 LLC, a California limited liability company and payable to the order of JPMorgan Chase Bank, N.A., a national banking association ("Senior Lender"), to the extent and in the manner provided in that certain Subordination Agreement dated as of even date herewith between the payee of this Note, and Senior Lender and Bella Vista 72 LLC, a California limited liability company (the "Subordination Agreement"). The Mortgage, Deed of Trust or Deed to Secure Debt (and any exhibits) securing the Note is and shall be subject and subordinate in all respects to the liens, terms, covenants and conditions of the Multifamily Mortgage, Deed of Trust or Deed to Secure Debt (and any exhibits) securing the Multifamily Note and the terms, covenants and conditions of the Multifamily Loan and Security Agreement evidencing the terms of the Multifamily Note, as more fully set forth in the Subordination Agreement. The rights and remedies of the payee and each subsequent holder of this Note under the Mortgage, Deed of Trust or Deed to Secure Debt (and any exhibits) securing this Note are subject to the restrictions and limitations set forth in the Subordination Agreement. Each subsequent holder of the Note shall be deemed, by virtue of such holder's acquisition of the Note, to have agreed to perform and Item No.10A

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observe all of the terms, covenants and conditions to be performed or observed by Subordinate Lender under the Subordination Agreement."
d. Exhibit A. Exhibit A to the Loan Note and all references to Exhibit A in the Loan Note are hereby deleted.

4. Modification of the RDA Deed of Trust. The RDA Deed of Trust is hereby modified as follows:
a. Section 1 on 2nd Page. Section 1 on the second (2nd) page of the RDA Deed of Trust is hereby replaced in its entirety as follows:
"1. Payment of the sum of Four Million One Hundred Thirty-Nine Thousand Two Hundred Dollars ($4,139,200) with interest thereon according to the terms of a promissory note of even date herewith entitled "Agency Loan Note (Bella Vista Project)", executed by Trustor in favor of Beneficiary or order and any modifications, extensions or renewals thereof;"

5. Modification of the Affordability Agreement. The Affordability Agreement is hereby modified as follows:
a. Delete Grant References. All references to a grant, the RDA Grant and the Grant Note in the Affordability Agreement are hereby deleted.
b. Recital A. Recital A of the Affordability Agreement is hereby replaced in its entirety as follows:
"A. The Agency intends to create affordable rental housing opportunities for persons and families of low income and very low income. Pursuant to an Owner Participation Agreement between the Agency and Participant dated June 7, 2005 (the "OPA"), the Agency has made a loan to Participant for the purpose of acquiring and rehabilitating improvements on the certain real property as described in Exhibit A attached hereto and incorporated herein by reference (the "Site") for the purpose of providing seventy-two (72) rental units to be available at an affordable rent to persons and families of moderate, low and very low income levels including one (1) managers unit (the "Housing Project"). Under the OPA, the Agency has provided Participant with a loan in the amount of FOUR

MILLION ONE HUNDRED THIRTY-NINE THOUSAND TWO
HUNDRED DOLLARS ($4,139,200) (the "Agency Loan"). Participant has executed a promissory note for the Agency Loan (the "Loan Item No.10A

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Note"), which is secured by a deed of trust recorded against the Site."
c. Recital B. Recital B of the Affordability Agreement is hereby replaced in its entirety as follows:
"B. Pursuant to the OPA, in the event of any default under this Affordability Agreement and following the expiration of all applicable notice and cure periods, Participant agrees to repay Agency all amounts owing under the Loan Note and the Agency Deed of Trust recorded against the Site."
d. Section 2.01. Section 2.01 of the Affordability Agreement is hereby replaced in its entirety as follows:
"2.01. Rent and Income Restrictions. From the date of the recording this Agreement and until the date fifty-five (55) years thereafter, Participant by and for itself and any successors in interest, hereby covenants and agrees that fifteen (15) units in the Housing Project shall be rented to persons and families whose income is at or below fifty percent (50%) of area median income adjusted for family size as established on an annual basis by the California State Department of Housing and Community Development at an Affordable Rent.

Twenty-three (23) of the units in the Housing Project shall be rented to persons and families whose income is at or below sixty percent (60%) of area median income adjusted for family size as established on an annual basis by the California State Department of Housing and Community Development at an Affordable Rent. Thirty-three (33) of the units in the Housing Project shall be rented to persons and families whose income is at or below eighty percent (80%) of area median income adjusted for family size as established on an annual basis by the California State Department of Housing and Community Development at an Affordable Rent. The unit maintained as a manager's unit shall be unrestricted."
e. Section 2.02. The last paragraph of Section 2.02 of the Affordability Agreement is hereby replaced in its entirety as follows:
"As consideration for the Agency oversight of the Project, Participant shall pay to the Agency an annual monitoring fee (the "Monitoring Fee") on June 30 of each year of this Agreement, with the Participant making the first payment on June 30, 2006. The annual Monitoring Fee shall be $5,000 each year."
f. Section 8.01. Section 8.01 of the Affordability Agreement is hereby replaced in its entirety as follows:

Item No.10A

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"8.01. Notices to City. Notices required to be sent to the City hereunder shall be sent by certified mail, return receipt requested, to the following address as may change from time to time:

City of Thousand Oaks
2100 Thousand Oaks Boulevard
Thousand Oaks, CA 91362-2903
Attn: City Manager
With a copy to:

City of Thousand Oaks
2100 Thousand Oaks Boulevard
Thousand Oaks, CA 91362-2903
Attn: City Attorney
g. Section 8.02. Section 8.02 of the Affordability Agreement is hereby replaced in its entirety as follows:

8.02. Notices to Participant. Notices required to be sent to Participant hereunder shall be sent by certified mail, return receipt requested, to the following address as may change from time to time:

Many Mansions, a Nonprofit Corporation
1259 E. Thousand Oaks Boulevard
Thousand Oaks, CA 91362
Attn: President
with a copy to:

Goldfarb & Lipman LLP
1300 Clay Street, 11th Floor
Oakland, CA 94612
Attn: Lynn Hutchins

6. Permitted Transfer Provisions. All the RDA Documents are hereby modified to provide that the following types of transfers by Owner do not require the City's prior written approval unless otherwise indicated below:
a. Any transfer to an Approved Mortgagee (as defined in Section

2.03(2) of the Affordability Agreement) as collateral for its loan to Owner.

Item No.10A

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b. Any Transfer directly resulting from the foreclosure or deed in lieu of foreclosure of a security instrument for a loan from an Approved Mortgagee.
c. The lease of residential units in the Development consistent with the Affordability Agreement.

7. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California.

8. Severability. If a court of competent jurisdiction determines any provision of this Agreement to be invalid, illegal or unenforceable, then that provision shall be deemed severed from this Agreement, and the remaining provisions shall remain in full force and effect as though the invalid, illegal or unenforceable provision had never been a part hereof.

9. Modification. No provision of this Agreement may be changed, discharged, supplemented, terminated, or waived except in a writing signed by the Parties hereto.

10. Binding Effect. The RDA Documents, as modified herein, shall be binding upon, and inure to the benefit of, the Parties and their respective successors and assigns.

11. Counterparts. This Agreement may be executed in any number of counterparts, each of which when executed and delivered shall be deemed to be an original, and all of which, taken together, will be deemed to be one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
Item No.10A

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IN WITNESS WHEREOF, the Parties have duly executed this Agreement as of the day and year first above written.

CITY:

CITY OF THOUSAND OAKS, a municipal
corporation, in its capacity as successor
in interest to the dissolved Thousand
Oaks Redevelopment Agency
By:___________________________
Bob Engler, Mayor
ATTEST:
______________________________
Cynthia M. Rodriguez, City Clerk
APPROVED AS TO FORM:

Office of the City Attorney
_____________________________
Tracy Friedl, Assistant City Attorney
APPROVED AS TO ADMINISTRATION:
______________________________
Andrew P. Powers, City Manager
OWNER:

MANY MANSIONS, a California Nonprofit Corporation,
a California nonprofit public benefit corporation
By: ___
Rick A. Schroeder, President
[SIGNATURES TO BE NOTARIZED]
Item No.10A

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STATE OF CALIFORNIA )
)
COUNTY OF __________ )
On ____________________, before me, ___________________________, Notary Public, 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.
__________________________________
Name: __________________________
Name: Notary Public
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.

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

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EXHIBIT A

LEGAL DESCRIPTION OF PROPERTY

ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF VENTURA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:

LOT 4, BLOCK 26, THOUSAND OAKS TRACT, IN THE CITY OF THOUSAND

OAKS, COUNTY OF VENTURA, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 8 PAGE 73 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

APN: 670-0-270-175
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Thousand Oaks
2100 Thousand Oaks Boulevard
Thousand Oaks, CA 91362
Attn: City Clerk

NO FEE FOR RECORDING PURSUANT

TO GOVERNMENT CODE SECTIONS
27383 AND 27388.1
APN: 670-0-270-175 SPACE ABOVE FOR RECORDER'S USE ONLY

ASSIGNMENT AND ASSUMPTION AGREEMENT
Bella Vista Apartments
2011-2025 Los Feliz Drive
(RDA Documents)
THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (the "Agreement") is entered into as of the ____day of ________, 2022 by and among MANY MANSIONS, a California Nonprofit Corporation, a California nonprofit public benefit corporation ("Many Mansions"), BELLA VISTA 72 LLC, a California limited liability company (the "LLC"), and the CITY OF THOUSAND OAKS, a municipal corporation (the "City"), in its capacity as successor in interest to the dissolved Thousand Oaks Redevelopment Agency (the "Former Agency"). The City, Many Mansions and the LLC are collectively be referred to herein as the “Parties”.

RECITALS
A. The Former Agency and Many Mansions entered into that certain Owner Participation Agreement, dated as of June 7, 2005 (the “OPA”), to provide assistance for the acquisition and rehabilitation of the improvements consisting of seventy-two (72) units of multifamily housing known as Bella Vista Apartments (the "Improvements") on the real property located at 2011-2025 Los Feliz Drive, in the City of Thousand Oaks, California, and more particularly described on Exhibit A attached hereto (the "Property"). Together the Improvements and the Property are referred to as the "Development" in this Agreement.

Exhibit A-3
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B. Pursuant to the OPA, the Former Agency provided to Many Mansions a loan of funds in the amount of Four Million One Hundred Thirty-Nine Thousand Two Hundred Dollars ($4,139,200) (the "RDA Loan").

C. The RDA Loan is evidenced by that certain Agency Loan Note (Bella Vista), dated as of June 29, 2005, in the original principal amount of Four Million One Hundred Thirty-Nine Thousand Two Hundred Dollars ($4,139,200) (the “Loan Note”), secured by that certain Deed of Trust and Assignment of Rents (with Due on Sale Clause) dated as of June 27, 2005, and recorded on June 29, 2005, as Instrument No. 20050629-0158784 (the “RDA Deed of Trust”) in the Official Records of Ventura County (the "Official Records").

D. In connection with the RDA Loan, the Former Agency and Many Mansions entered into that certain Affordability Agreement, dated June 27, 2005, and recorded in the Official Records on June 29, 2005, as Instrument No. 20050629-0158780 (the "Affordability Agreement"). The Loan Note, the RDA Deed of Trust, and the Affordability Agreement are hereinafter collectively referred to as the “RDA Documents." E. The RDA Documents have been modified by that certain Modification Agreement between Many Mansions and the City dated as of _________, 2022, to be recorded substantially concurrently with this Agreement in the Official Records (the "Modification Agreement").

F. Many Mansions has arranged refinancing of the Development, which will allow needed rehabilitation of the Development. In connection with the refinancing, Many Mansions intends to sell the Development to the LLC, the sole member and manager of which is Many Mansions.

G. Many Mansions, the LLC, and the City are entering into this Agreement to assign the RDA Documents to the LLC and to receive the City's consent to the conveyance of the Property to the LLC and to the Many Mansions' assignment of the RDA Documents to the LLC.

AGREEMENT
NOW, THEREFORE, in consideration of the mutual benefits accruing to the Parties hereto and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, it is hereby declared, understood and agreed as follows:

1. Assignment. Many Mansions hereby assigns and delegates to the LLC all of Many Mansions' right, title, and interest in, and obligations under, the RDA Documents.

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2. Acceptance of Assignment and Assumption. The LLC accepts the above assignment of Many Mansions' right, title and interest in the RDA Documents, and assumes all of Many Mansions' obligations under the RDA Documents, and agrees to perform all of Many Mansions' obligations and covenants regarding the RDA Documents.

All references in the RDA Documents to "Many Mansions", "Owner", "Developer", “Borrower” and "Trustor", as context allows, shall be deemed to be references to the LLC.

3. City Consent to Assignment and Transfer of Property. The City hereby consents to the assignment and assumption of Many Mansions' right, title, and interest in, and obligations under, the RDA Documents by the LLC, and releases Many Mansions from all obligations regarding the RDA Documents. The City consents to the transfer of the Property from Many Mansions to the LLC and acknowledges that such transfer shall not cause the acceleration of the RDA Loan.

4. Full Force and Effect. Except as set forth in this Agreement, the RDA Documents remain unmodified and are in full force and effect.

5. Headings. The headings used in this Agreement are for convenience only and shall be disregarded in interpreting the substantive provisions of this Agreement.

6. Successors and Assigns. This Agreement shall be binding on and inure to the benefit of the legal representatives, heirs, successors and assigns of the Parties.

7. California Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California.

8. Invalidity. Any provision of this Agreement which is determined by a court of competent jurisdiction to be invalid or unenforceable shall be deemed severed herefrom, and the remaining provisions shall remain in full force and effect as if the invalid or unenforceable provision had not been a part hereof.

9. Counterparts. This Agreement may be signed by the different Parties hereto in counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same agreement.
[Signatures on Following Pages]
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IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day first above written.

MANY MANSIONS:

Many Mansions, a California Nonprofit Corporation,
a California nonprofit public benefit corporation,
By: ______________________________
Rick A. Schroeder, President
LLC:

BELLA VISTA 72 LLC,
a California limited liability company
By: Many Mansions, a California Nonprofit Corporation, a California nonprofit public benefit corporation
its sole member and manager
By: ________________________
Rick A. Schroeder, President
[Signatures Continue on Following Page]
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CITY:

CITY OF THOUSAND OAKS, a municipal corporation,
in its capacity as the successor in interest to the
Thousand Oaks Redevelopment Agency
By:___________________________
Bob Engler, Mayor
ATTEST:
______________________________
Cynthia M. Rodriguez, City Clerk
APPROVED AS TO FORM:

Office of the City Attorney
_____________________________
Tracy Friedl, Deputy City Attorney
APPROVED AS TO ADMINISTRATION:
______________________________
Andrew P. Powers, City Manager
[SIGNATURES TO BE NOTARIZED]
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STATE OF CALIFORNIA )
)
COUNTY OF __________________ )
On ____________________, before me, ___________________________, Notary Public, 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.

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

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EXHIBIT A

LEGAL DESCRIPTION OF PROPERTY

ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF VENTURA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:

LOT 4, BLOCK 26, THOUSAND OAKS TRACT, IN THE CITY OF THOUSAND

OAKS, COUNTY OF VENTURA, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 8 PAGE 73 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

APN: 670-0-270-175
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Prepared by, and after recording
return to:

Lanre A. Popoola, Esquire
Troutman Pepper Hamilton Sanders LLP
Post Office Box 1122
Richmond, Virginia 23218-1122

SUBORDINATION AGREEMENT

GOVERNMENTAL ENTITY
Exhibit A-4
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SUBORDINATION AGREEMENT GOVERNMENTAL ENTITY FOR REGULATORY

AGREEMENT

REGULATORY AGREEMENT ONLY/NO SUBORDINATE DEBT
THIS SUBORDINATION AGREEMENT FOR REGULATORY AGREEMENT (this “Agreement”) is effective as of the ___ day of __________, 2022, by the CITY OF THOUSAND OAKS, a municipal corporation, in its capacity as successor in interest to the dissolved Thousand Oaks Redevelopment Agency (“Governmental Entity”), and BELLA VISTA 72 LLC, a California limited liability company (“Borrower”), for the benefit of JPMORGAN CHASE BANK, N.A., a national banking association (“Lender”).

RECITALS:

A. Simultaneously herewith Lender is making a loan to Borrower in the original principal amount of $[6,571,000].00 (“Loan”) pursuant to a Multifamily Loan and Security Agreement between Lender and Borrower (as supplemented or amended from time to time, the “Loan Agreement”) and evidenced by a Multifamily Note by Borrower to Lender (as supplemented or amended from time to time, the “Note”). The Loan is to be secured by a Multifamily Deed of Trust, Assignment of Rents, Security Agreement and Fixture Filing that will be recorded among the records of Ventura County, California (“Official Records”) (as supplemented or amended from time to time, the “Mortgage”) of certain improved real property located in Thousand Oaks, Ventura County, California, as more particularly described on Exhibit A attached hereto (“Property”). The Loan Agreement, the Note and the Mortgage, together with all other documents executed with respect to the Loan, are hereinafter collectively referred to as the “Loan Documents”.

B. In connection with the construction and development of the Property, Borrower’s predecessor in interest entered into a certain Regulatory Agreement and Declaration of Restrictive Covenants dated as of June 1, 2005 and recorded as Document No. 20050629-0158778, as amended by an Assignment, Assumption and First Amendment to Regulatory Agreement and Declaration of Restrictive Covenants dated as of October 1, 2022 and to be recorded in the Official Records (collectively, the “Regulatory Agreement”) in favor of the Governmental Entity, pursuant to which the Property was subjected to certain restrictions by Governmental Entity.

C. As a condition to making the Loan, Lender requires that the lien of the Mortgage be superior to the lien of the Regulatory Agreement. Lender will not make the Loan unless Governmental Entity and Borrower agree to subordinate their rights and obligations under the Regulatory Agreement.

D. Borrower and Governmental Entity hereby agree to subordinate the Regulatory Agreement on and subject to the terms, conditions and requirements set forth in this Agreement.

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NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. Recitals. The foregoing Recitals are hereby incorporated into this Agreement as agreements among the parties.

2. Subordination. The Governmental Entity hereby agrees that the Regulatory Agreement is and shall at all times continue to be, subordinate, subject and inferior to the rights of Lender under the Loan Documents and that the liens, rights (including approval and consent rights), remedies, payment interests, priority interests, and security interests granted to Governmental Entity pursuant to or in connection with the Regulatory Agreement are hereby expressly acknowledged to be in all respects and at all times, subject, subordinate and inferior in all respects to the liens, rights (including approval and consent rights), remedies, payment, priority and security interests granted to Lender pursuant to the Loan Documents and the terms, covenants, conditions, operations and effects thereof. Notwithstanding the above, Governmental Entity may exercise the remedies of specific performance or injunctive relief at any time in the event of a default under or breach of the terms of the Regulatory Agreement.

3. Financing, Encumbrance and Transfer Approval. Governmental Entity hereby approves and acknowledges the transfer of the Property to Borrower and the financing evidenced by the Mortgage. Governmental Entity further agrees that any transfer of the Property in connection with foreclosure of the Mortgage or a deed in lieu thereof shall not require Governmental Entity’s consent but shall require notice to Governmental Entity.

4. Satisfaction of Prior Indebtedness. Governmental Entity acknowledges and agrees that the “Loan” associated with and defined in the Regulatory Agreement, owed by Borrower’s predecessor in interest to Governmental Entity has been forgiven by the Governmental Entity, in all respects. Borrower’s acquisition of the Property subject to the Regulatory Agreement does not in any way constitute an assumption of the “Loan”.

5. Lender Notice of Default. In consideration of Governmental Entity’s agreements contained in this Agreement, Lender agrees that in the event of any default by Borrower under the Loan Documents, Governmental Entity shall be entitled to receive a copy of any notice of default given by Lender to Borrower under the Loan Documents.

Neither the giving nor the failure to give a notice to Governmental Entity pursuant to this Section 5 will affect the validity of any notice given by Lender to the Borrower.

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Thousand Oaks City CouncilOctober 25, 2022

Thousand Oaks City Council
October 25, 2022